January 31, 1977 EXTENSIONS OF REMARKS 2837
Harber, Gary G., xxx-xx-xxxx . Norton, Jerry M., xxx-xx-xxxx . Whelan, Raymond D.. xxx-xx-xxxx . Harris, Gerald V., xxx-xx-xxxx . Oliva, Erneido A., xxx-xx-xxxx . Wickham, Herbert F., III, xxx-xx-xxxx . Harrison, John R., xxx-xx-xxxx . Otero, Julio C., xxx-xx-xxxx . Williams, Oren M., Jr., xxx-xx-xxxx . Hayman, Robert L., xxx-xx-xxxx . Pendergrass, Raymond, xxx-xx-xxxx . Wise, W. A., Jr., xxx-xx-xxxx . Henderson, Jay J., xxx-xx-xxxx . Pixley, Morris H., Jr., xxx-xx-xxxx . Womack, James K., xxx-xx-xxxx . Hester, Bennie L., xxx-xx-xxxx . Pomeroy, Edward E., Jr., xxx-xx-xxxx . Wood, Kenneth C., xxx-xx-xxxx . Holeman, Herbert P., xxx-xx-xxxx . Posey, Robert G., xxx-xx-xxxx . Worden, Richard E., xxx-xx-xxxx . Honaker, Robert G., xxx-xx-xxxx . Powell, Stanford F., xxx-xx-xxxx . Worth, Stephen G., Jr., xxx-xx-xxxx . Horton, Donald R., xxx-xx-xxxx . Power, Donald E., xxx-xx-xxxx . Youd, Leon E., xxx-xx-xxxx . Hutchison, Joseph B., xxx-xx-xxxx . Quattlebaum, Hulen D., xxx-xx-xxxx . Zavadil, Milton, Jr., xxx-xx-xxxx . Jones, Harold M., xxx-xx-xxxx . Ramirez-Gonzalez, Rafael, xxx-xx-xxxx . CHAPLAIN Rardon, Donald L. xxx-xx-xxxx . Jones, James L., xxx-xx-xxxx . To be lieutenant colonel Jones, John B., xxx-xx-xxxx . Rickaby, Dale E., xxx-xx-xxxx . Jones, Milton 0., xxx-xx-xxxx . Ritchie, Ronald E., xxx-xx-xxxx . Dahlstrom, Myron L., xxx-xx-xxxx . Judge, Jimmie, xxx-xx-xxxx . Robison, Harold S., xxx-xx-xxxx . ARMY NURSE CORPS Keith, Earl H., xxx-xx-xxxx . Rosenbaum, James H. E., xxx-xx-xxxx . To be lieutenant colonel Kirshner, Eugene, xxx-xx-xxxx . Russon, Dee R., xxx-xx-xxxx . Ward, Doris R., xxx-xx-xxxx . Klein, Wilbert G., xxx-xx-xxxx . Sanders, William P., xxx-xx-xxxx . Knutson, Oliver R., xxx-xx-xxxx . Schroeder, Raymond L., xxx-xx-xxxx . MEDICAL CORPS Kopp, Thomas E., xxx-xx-xxxx . Schuster, Michael F., xxx-xx-xxxx . To be lieutenant colonel Kortz, William J., xxx-xx-xxxx . Shields, Paul R., xxx-xx-xxxx . Hebert, Peter W., xxx-xx-xxxx . Lally, John E., Jr., xxx-xx-xxxx . Silva, Gerald J., xxx-xx-xxxx . Howard, Don G., xxx-xx-xxxx . Lawson, Alton W., xxx-xx-xxxx . Smith, Donald G., xxx-xx-xxxx . Rodriguez, Rene F., xxx-xx-xxxx . Lewis. Dean R., xxx-xx-xxxx . Smith, Franklin, J., xxx-xx-xxxx . Tesdall, Donald J., xxx-xx-xxxx . Lewis, Paul E., xxx-xx-xxxx . Smith, Richard L., xxx-xx-xxxx . Wyman, Stephen M ., xxx-xx-xxxx . Lindsay, Rodney C., xxx-xx-xxxx . Smith, William A., xxx-xx-xxxx . Lopez-Alonso, Juan R., xxx-xx-xxxx . Stilson, Robert C., xxx-xx-xxxx . MEDICAL SERVICE CORPS Lusk, Everrett S., xxx-xx-xxxx . Strong, Bob C., xxx-xx-xxxx . To be lieutenant colonel Mahanay, Floyd B., xxx-xx-xxxx . Stuckey, Jimmie D., xxx-xx-xxxx . Henry, John C., xxx-xx-xxxx . Mallan, Richard E., xxx-xx-xxxx . Taylor, Robert D., xxx-xx-xxxx . Mallas, Kenneth M., xxx-xx-xxxx . Thacker, Lyle V., xxx-xx-xxxx . Manweiler, Howard I., xxx-xx-xxxx . Thompson, Robert F., xxx-xx-xxxx . McDaniel, Gene A., xxx-xx-xxxx . Tietjen, John P., Jr., xxx-xx-xxxx . CONFIRMATION McDaniel, William K., . Trabert, Brenton A., xxx-xx-xxxx . xxx-xx-xxxx E xecutive nomination confirmed by McDevitt, James P., xxx-xx-xxxx . Turner, James A., xxx-xx-xxxx . McGouldrick, John J., xxx-xx-xxxx . Underwood, John T., III, xxx-xx-xxxx . the Senate January 3 1, 197 7 : McKenzie, Donald W., xxx-xx-xxxx . Upton, Frederick R., Jr., xxx-xx-xxxx . DEPARTMENT OF DEFENSE McLaurin, Hugh M., III, xxx-xx-xxxx . Van Leeuwen, John D., xxx-xx-xxxx . C harles W illiam D uncan, Jr., of T exas, McManus, Donnie J., xxx-xx-xxxx . Vowell, Leonord G., xxx-xx-xxxx . to be a Deputy S ecretary of Defense. Melchert, Paul A., . Waits, Fred W., xxx-xx-xxxx . xxx-xx-xxxx T h e a b o v e n o m in a tio n w a s a p p ro v e d Moore, John F., xxx-xx-xxxx . Waller, Naire 0., xxx-xx-xxxx . subject to the nominee's commitment to re- Muszynski, Thomas J., xxx-xx-xxxx . Ward, Don C., xxx-xx-xxxx . Navas, William A., xxx-xx-xxxx . Warner, Jere M., xxx-xx-xxxx . spond to requests to appear and testify be- Neighbors, Dennis B., xxx-xx-xxxx . Wattel, Marshall L., xxx-xx-xxxx . fore any duly constituted com m ittee of the Nicholas, Steve C., xxx-xx-xxxx . Weaver, Max I., xxx-xx-xxxx . Senate.
EXTENSIONS OF REMARKS
ANIMAL PROTECTION LEGISLATION courage the use of painful devices and sardines, clams, and crabs to the United to promote humane trapping. This bill, S tates. T h e im p o rtatio n o f R u ssian H.R. 47 1, would require the Secretary of caviar would also be affected, thus giv- HON. WILLIAM LEHMAN the Interior, w ith the aid of a seven- ing the S oviet Union substantive evi- OF FLORIDA person commission established by the dence of our com m itm ent to end this slaughter. IN THE HOUSE OF REPRESENTATIVES bill, to set criteria for designating those traps that would either painlessly cap- T he protection of the great whales is Mon da y , J a n u a ry 3 1 , 1 9 7 7 ture or instantaneously kill. This legisla- in the interest of all mankind, and I do Mr. LEHMAN. Mr. Speaker, this year tion would also stop the interstate com- not believe that the United S tates can many animals and birds, including many merce and the use on F ederal lands of refrain any longer from imposing strong domestic and almost extinct animals, will unapproved traps, as well as halt the in- measures to insure their safety. needlessly suffer and be cruelly slaugh- terstate commerce of animals and prod- I look forward to the early passage of tered unless legislation is enacted to pro- ucts from anim als not captured w ith these bills to guarantee the hum ane tect them . I have recently introduced approved traps. T he S ecretary of the treatment of animals. three pieces of legislation to improve the Interior would be authorized to offer fi- nancial assistance to assist in the com- welfare of animals. TOOTS SHOR I believe that the first step that must pliance with these provisions, and fines be taken is to carefully evaluate the ef- would be imposed as part of enforcement fectiveness of our existing laws govern- efforts. HON. JOHN M. MURPHY ing the treatment of animals. I therefore T h e S ta te o f F lo rid a h a s a lre a d y OF NEW YORK banned the use of the steeljaw leghold introduced a bill, H.R. 462 , to establish IN THE HOUSE OF REPRESENTATIVES a Commission on the Humane Treatment traps, and I believe that we should now of Animals. This Commission, composed m ake "hum ane trapping" a national Mon da y , J a n u a ry 3 1 , 1 9 7 7 of individuals knowledgeable in and con- policy. M r. M U R PH Y of N ew Y ork. M r. cerned with animal welfare, will study Our great whales are being slaughtered Speaker, it is always sad to lose a great the treatm ent of anim als for a 2 -year to the point of extinction, although there American, but it is even sadder for those period and then issue a final report con- are cheap and plentiful substitutes for of us who knew this man to lose one of taining its findings and recom m end- whale products. M y resolution, House N ew Y ork C ity's m ajor institutions: ations for legislation. Joint R esolution 7 9, to place an imme- Toots Shor. Beyond being what any man T here are, of c o u rs e , s itu a tio n s in diate em bargo on the p ro d u c ts o f a ll is supposed to be: P atriotic, kind , gener- w h ic h a n im a l tr a p p in g is n e c e s s a r y . foreign enterprises engaged in com m er- ous, and devoted to his family; he was However, despite the availability of ef- cial whaling, would probably force the also w hat m any m en can never be-a fective d e v ice s w h ich ca n im m e d ia te ly J a p a n e s e to h a l t w h a l i n g . T h e th r e e tru e frie n d . S o m e tim e s h is m a n n e r w a s a n d p a in le s s ly tra p a n im a ls , th e u s e o f c o m p a n ie s e n g a g e d in w h a lin g export b ru squ e , b u t it w a s n e v e r to b e u n k in d . the steeljaw leghold traps continues. more than $100 million worth of fishery He w as not capable of hate, only of a I have introduced legislation to dis- products, such as tuna, salmon, mackerel, unique understanding of his fellow man. 2838 EXTENSIONS OF REMARKS January 31, 1977 The stories of his life, his friends, his Fleming, the discoverer of penicillin, and had been aroused by Wilson's comments manner of living are legion. He knew Casey Stengel, the inventor of the new syn about the unemployed. tax. He served as catalyst between two dis everyone, and everyone knew-and tinguished Americans, Yogi Berra and Chief As Mr. Auchincloss approached his loved-him. He was equally at ease with Justice Earl Warren." 80th year, he announced on January 23, the great, and near-great, and the every Mr. Screvane then sketched Mr. Shor's im 1964, that he would not seek reelection. day person who simply needed a friend. age in a series of brush strokes. He remem After his retirement, Mr. Auchincloss His family will surely feel the loss bered him as "the coiner of words that en spent considerable time working to finish more greatly than any of us, for they had riched our vocabularies, him as "the cata a $3 million complex for the Capitol Hill the honor and pleasure of his company lyst for putting together important business Club, a Republican social and civic or or political deals" and as "a father confessor ganization he founded in 1949. The build each day of their lives. May we each who listened to our troubles." bear some of the grief for them, for "Rambunctious, loud, sometimes even rude ing was dedicated in 1971 as the Dwight theirs is an irreplaceable loss of the com to people who didn't know him well," Mr. D. Eisenhower Center. panionship of a great man. I for one am Screvane said, "the real man was generous, He was also president of the . Capitol proud to have been called "friend" by warm-hearted, deeply religious and possessed Hill Foundation, a nonprofit, nonpartisan him. of a loyalty and devotion to family and organization offering scholarships for Mr. Speaker, there are many in this friends so fierce it seemed at times almost government studies. country who never had the pleasure of znaniacal. Dubbed correctly as 'the world's I offer my deepest sympathy to Mrs. greatest saloonkeeper,' there was only one of meeting Toots Shor. His obituary and him, and not likely to be another in this Auchincloss and the other members of eulogy as printed in the New York Times time or probably ever." the family on behalf of myself and my are offered as part of my remarks, so that After the service, Mr. Shor was buried in colleagues in the House of Represent all might know the kind of man he was: Fernclift' Cemetery in Ha.rtsdale, N.Y. atives. FivE-HUNDRED ATTEND SERVICE FOR TooTS SHOR (By Joseph Durso) MEMORIAL TO JAMES C. AUCHIN MRS. JEAN FASSLER Bernard (Toots) Shor, who died Sunday CLOSS LATE A FORMER REPRE night at the age of 73, was eulogized yester day at Temple Emanu-El as "the world's SENTATIVE FROM NEW JERSEY HON. LEO J. RYAN greatest saloonkeeper" who also was a "warm, OF CALIFORNIA generous and religious man." The funeral for the long-time restaurant HON. JAMES J. HOWARD IN THE HOUSE OF REPRESENTATIVES owner and host was attended by 500 persons OF NEW JERSEY Monday, January 31, 1977 from around the nation, including znany IN THE HOUSE OF REPRESENTATIVES celebrities from sports and entertainment. Mr. RYAN. Mr. Speaker, I rise at this The one-hour service was led by the chief Monday, January 31, 1977 time to tell the Members of this dis tin rabbi of the temple, Ronald B. Sobel; a spe Mr. HOWARD. Mr. Speaker, when guished body of a distinguished individ cial prayer was offered by Msgr. William J. James C. Auchincloss retired from the ual from the State of Califomia; a highly McCormack, a friend of the family, and the respected public official in San Mateo eulogy was delivered by Paul R. Screvane, House of Representatives after 22 years former president of the City Council and now in Congress, his colleagues honored him County for 20 years; and a personal president of the Oft'track Betting Corpora as a Congressman highly responsive to friend of mine for whom I hold in the tion. the needs of his constituents. As my dis highest esteem-Mrs. Jean Fassler. It is Among the mourners were four past or tinguished predecessor to this body from with a degree of sadness and reluctance present sports commissioners: Pete Rozelle the Third District of New Jersey, Con that I inform you of her retirement from from football, BoWie Kuhn from baseball and gressman Auchincloss set an example for the San Mateo County Board of Super Lawrence F. O'Brien and Walter Kennedy visors after 12 years of dedicated service. from basketball. Also at the service were those of us who came in as new Mem Walter Cronkite, Joe Garagiola, Howard Co bers in 1965. Before women were commonly asso sell, Mel Allen, W1lliam Shea, Gabe Paul, On October 2, 1976, at the age of 91, ciated with holding public office, Jean Wellington Mara, Horace Stoneham, Lee Mr. Auchincloss passed away in Alex had received high acclaim for her efforts MacPhail, Charles Feeney and a large group andria, Va. I:fe is survived by his wife and in spearheading the organization to in of one-time athletes that included Frank two sons, nine grandchildren and nine corporate the city of Pacifica in San Gifford, Charley Conerly, Kyle Rote, Monte great grandchildren. Because the House Mateo County and served as Pacifica's Irvin, Ralph Kiner, Dominic DiMaggio, Eddie adjourned for the year on October 1, I first mayor. Having gained a reputation Arcaro, B1lly Conn and Alex Webster. "A city is most authentically reflected in was unable to pay tribute to him at that as an effective leader she was appointed its people," Rabbi Sobel told the gathering. time in the RECORD. a supervisor of San Mateo County in "In a very unique manner, Toots Shor for To this day, Congress acts on trans 1965. Jean has been honored as chair several decades was the mirror of a special ex portation and water resources bills that man of the board in 1967, 1970, and 1.974, citement and quality that set New York apart were landmark legislation of the Public the first woman in San Mateo County from all other cities. He was a magnet Works Committee in the fifties and early history to serve in this distinguished around which flowed znany of the special sixties. Mr. Auchincloss served long and position. streams of New York's greatness. He was, in ably on that committee and played a key Supervisor Fassler has always been 10 his life, a legend among legends." "If saints are people who are profoundly role in many pieces of vital public works years ahead of the general populace ad aware of God's influence in their lives," Mon legislation. vocating environmental protection and signor McCormack said after folloWing the Mr. Auchincloss was mayor of Rumson, coastline preservation long before they rabbi to the pulpit, "then I suggest to you N.J., when Monmouth Republicans per were popular and accepted interests. that Toots Shor was a great man and a good suaded him to run for Congress against Jean has been a personal friend of man." veteran Democrat William H. Sutphin. mine for almost 30 years and I know of In the eulogy Mr. Screvane recalled that As he recalled later, he was picked as a few whom I respect more. Her personal Mr. Shor had "become involved in an unprec "sacrificial lamb," but won with a sur and professional integrity, unselfish edented era of American history" starting in prising margin. dedication to public service, warmth and the 1920's and said: His old-fashioned, straight-laced views charm are unmatched in San Mateo "The thread of his odd life stitched to gether the people who made much of the his on honesty and ethics occasionally led County. tory and mood. He must be the only man him to blast members of his own party. I speak for the residents of San Mateo who was as close to the mob lords Longy In a speech in Ocean Township, N.J., County and myself when I say that we Zwlllm.a.n, big Frenchy and Owney Madden as in 1954, Mr. Auchincloss assailed the in Americans are losing a great official with he was to Cardinal Spellman, Robert Sher vestigatory tactics of Senator Joseph R. the retirement of Supervisor Fassler. I wood and President Truman. His personality, McCarthy, who was probing employees only hope Jean will continue to bless us outgoing and often as erratic as a rocket, at Fort Monmouth in Eatontown, N.J. with her great work and stand as a sym bridged the sociological gaps that yawned be "No one has a comer on fighting com bol for all of us to emulate as she pursues tween Babe Ruth and PaUl Draper, Frank munism-we are all against it," he said. new activities in her private life. I know Costello and Edward R. Murrow, Texas Gui On another occasion, he called on Sec I speak for all the Members of the House nan and the nuns at Marymount, where his retary of Defense Charles E. Wilson to in wishing Jean and her husband, Joe three daughters were educated. resign, declaring in a telegram, "You Fassler much happiness and fulfillment "He was equally at ease with Sir Alexander have outlived your usefulness." His anger in the years to come. January 31, 1977 EXTENSIONS OF REMARKS 2839 WORLD Wrr.DLIF'E FUND FOURTH Calls on the Government of Papua New Recognizing that the countries of the INTERNATIONAL CONGRESS Guinea to undertake adequate administra Amazon basin need to use the area produc tive efforts and negotiations With traditional tively; land owners to safeguard a representative Recognizing the valuable efforts under section of lowland rain forest by the estab taken in relation to wise use by certain HON. JOSEPH L. FISHER lishment of at least one protected national Amazonian Governments, notably Peru and OF VIRGINIA park covering a minimum of 100,000 hectares, Venezuela, the latter having declared a full and to create additional parks and reserves in moratorium on exploitation schemes in all IN THE HOUSE OF REPRESENTATIVES order to cover representative sections of the its territories south of the Orinoco, until Monday, January 31, 1977 other important ecosystems of the country. better scientlflc understanding is achieved; Resolution 14. Action to save the Cali The Fourth International Congress of the Mr. FISHER. Mr. Speaker, during the fornia Condor: World Wildlife Fund, meeting in San Fran World Wildlife Fund Fourth Interna Recognizing that the California condor, cisco, U.S.A., from 29 November to 1 Decem tional Congress, held in San Francisco one of the most spectacular birds of the ber 1976: November 29-December 1, 1976, a num United States of America, is now reduced Urges the Governments of the Amazonian ber of resolutions dealing with wildlife to probably not more than forty individuals countries to set forth clearly their future and is falling to produce sufficient young to policies and to implement them concerning resources throughout the world were In&intain even this population level; the development of this region on an eco adopted. Aware of the world concern about the logical basis, integrating harmoniously agri Today I am inserting into the RECORD condor as an international resource; culture, animal husbandry, forestry, wild 10 of the resolutions adopted at the The Fourth International Congress of the life and fisheries management, oil and min meeting. I will introduce the remaining World Wildlife Fund meeting in San Fran eral exploitation, tourism and recreation in resolutions into the RECORD during the cisco, U.S.A., from 29 November to 1 Decem such a way as to make an optimal use of coming week. ber 1976: the natural renewable resources; While I do not necessarily endorse Urges the United States Forest Service, the Appeals to industrialized countries to join United States Fish and Wlldlife Service the efforts with the Amazonian countries to every position taken by the World Wild Oalifornia Department of Fish and Game, realise sound ecological objectives by pro life Fund, I did want to bring the resolu the United States Bureau of Land Manage viding funds and technical assistance and tions to the attention of my colleagues. ment and concerned private agencies to con to refrain from undertaking steps in con FOURTH INTERNATIONAL CONGRESS OF THE tinue With increased vigour all activities set flict with this approach. WORLD WILDLIFE FuND DRAFT CONGRESS forth in the California Condor Recovery Plan, Resolution 16. Depletion of Porpoise Stocks RESOLUTONS notably habitat protection, provision of ade in the Eastern Tropical Pacific by the Inter Resolution 11. Protection to Natural Areas quate food supply and protection nesting national Purse Seine Fleet: in Australia: sites, as well as the construction of artificial Whereas the international purse seine fleet Being aware that the Australian continent nesting sites, to deny permits for phosphate setting their nets around porpoise (dolphin) 1s endowed with a very rich and largely en mining or any other activity Within the in the Eastern Tropical Paclflc to catch yel demic fauna and flora; Condor Sanctuary, which could have a nega lowfln tuna have killed five to seven million Noting that these unique anim.a.ls and tive impact on the population, to start a porpoise since 1958; plants are found in ecosystems many of captive breeding program after careful study Whereas at the October 1976 Nicaragua which have high scenic values; With the object of adding the offspring to meeting of the Inter-American Tropical Tuna Appreciating the efforts made by the Com the Wild population. Commission, it was voted by both the Com monwealth Government and the State Gov Resolution 15. National Parks and other mission and the subsequent intergovern ernments of Australia in instituting a sys protected a.reas in Amazonia: mental meeting that all nations participating tem of national parks and reserves to pro Being informed that protection of Ama in this fishery have a responsibility to work tect samples of these ecosystems; zonian habitat is not yet ensured by a com internationally through the Commission to prehensive system of National Parks and solve the problem of the incidental kill of The Fourth International Congress of the equivalent reserves; World Wlldlife Fund, meeting in San Fran porpoise; cisco, U.S.A., from 29 November to 1 De Noting that the rate of modification and Whereas the IATTC wlll hold a special cember 1976: destruction of the Amazonian ecosystems is meeting prior to June 1, 1977 to address a Urges the Commonwealth Government and such that up to the present, the genetic speclflc plan to solve the problem; the State Governments of Australia to ex diversity is not safeguarded; The Fourth International Congress of the tend their systems of national parks and re Appreciating the work and initiative of the World Wildlife Fund, meeting in San Fran serves to cover a greater range of the diverse Intergovernmental Technical Group for the cisco, U.S.A., from 29 November to 1 De ecosystems throughout the continent of Conservation of the Amazonian Flora and cember 1976: Australia and in particular to protect areas Fauna legally established between Bolivia, Commends the member Governments of Brasil, Colombia, Ecuador, Peru and Vene the IATTC for their action and urges them to such as the Kakadu area in the Northern zuela; Territory, and further Rainforest com press forward vigorously through the IATTC munities in Queensland New South Wales The Fourth International Congress of the to achieve new techniques and fishing gear and Victoria, and Karri forests in West Aus World Wlldlife Fund, meeting in San Fran that wlll immediately reduce the tragic kill tralia, the rich and unique wllderness of cisco, U.S.A. from 29 November to 1 Decem of porpoise and ultimately permit tuna to be ber 1976; caught without placing nets around porpoise, South-West Tasmania, the unique Fraser Is Urges the Governments of the Amazonian land off North-West Australia. and that all nations that use purse seines countries to safeguard viable representative should enact legislation equivalent to the Resolution 12. Rain-Forest Conservation samples of their ecosystems and to assign in Papua New Guinea; United States Marine Mammal Protection the necessary admlnistrative and financial Act which sets a goal approaching zero mor Recognizing the substantial progress resources to In&nage these accordingly; achieved by the Government of Papua New Appeals to all timber, oil and mineral tality and zero injury rate for porpoise; Guinea in promoting environmental conser exploitation companies operating in the Further encourages the United States Gov vation and species preservation, by the appLi Amazonian region to eliminate any pressure ernment fully to enforce the Marine Mam cation of sound ecological principles and the to violate the integrity of the existing na mal Protection Act and urges the Congress integration of traditional ha.rvesting prac tional parks and reserves and to avoid the of the United States to maintain the integ tices in modern national development destruction of areas identified as unique rity of the Act and resist all attempts to schemes; and necessary for the planning of a com weaken it. Being informed that the Government of prehensive system of conservation areas in Resolution 17. Conservation of Whales: Papua New Guinea 1s considering the estab this region; Recalling that in its Resolutions, the 3rd lishment of integrated forest industries in Appeals to the Governments of the Ama International Congress of the WWF renewed the Vanimo area, covering 200,000 hectares, zon basin and particuarly BrasH to en the call for a 10-year moratorium on com and subsequently in other regions, the total courage international governmental organi mercial hunting of whales; of forests suitable for large-scale timber in zations as well as non governmental groups Being aware that the International Whal dustries being two mlllion hectares; in joining efforts With national organiza ing Commission (IWC) has now adopted a AwB~re that the tropical rain-forests of the tions in establishing the requested system new policy for the regulation of whaling island of New Guinea are very rich in plant of national parks and reserves. which has already led to protection, or re species and harbours an equally rich fauna, Resolution 15a. Ecological Development of duction of catches from some of the stocks the ecosystem also providing the traditional the Tropical Rain Forest in the Amazon of whales previously threatened by continued subsistence for the local people; Basin: excessive hunting; Noting the efforts undertaken by the Gov Being infol"med about the continuous and Noting, however, that substantial whaling ernment to purchase timber rights from the increasing rate of destruction of Amazonian continues under flags of nations not members traditional land owners; habitat; of the IWC, involving nationals of some The Fourth International Congress of the Aware of the generally low agronomic member nations, and that the IWC has made World Wildlife Fund, meeting in San Fran potential of the land and the absence of no progress in recent years in securing the cisco, U.S.A., from 29 November to 1 December an ecological sustainable policy of devel adhesion of more whaling nations to the 1976: opment; Commission; 2840 EXTENSIONS OF REMARKS January 31, 1977 Noting that loopholes in the IWC Con The Fourth International Congress of the With this in mind, I am proud to co vention have been repeatedly used to pro World Wildlife Fund, meeting in San Fran sponsor H.R. 1559, a bill to penalize the long the existence of an industry which is cisco, U.S.A., from 29 November to 1 Decem use of firearms in the commission of any dying as a result of its own excesses, that ber 1976: arrangements be continued for independent Recommends that the Government of Can felony and to increase the penalties in monitoring of the scientific advice offered to ada and Norway consider adoption of a mora certain related existing provisions. The the IWC, through the activation of the In torium on the annual commercial Harp Seal thrust of this legislation is directed at the terim Committee on Marine Mammals of hunt until further data is available. criminal who, through his own actions, IUCN; Resolution 19. Spear-Fishing: jeopardizes the rights and lives of law Being informed that under IWC rules Knowing that spearfishing is a threat to abiding citizens. We must create an at members are permitted to authorize without certain species of resident fishes and inverte mosphere in which it is known by every limit and without presentation of justifica brates; one that using a gun illegally will be dealt tion catches for scientific purposes, and that Stressing that spearflshing contests are already one member (Japan) has issued a without parallel in sport by emphasizing with surely and effectively by our crim permit for the taking and commercial pro killing; inal justice system. This legislation pro cessing of a large number of Bryde's whales, Recognizing, however, the legitimate use of vides that in addition to the punishment probably exceeding the maximum yield that certain spearfishing activities for subsistence given for committing a certain crime, the stock in question could sustain; from a and other purposes; mandatory sentence of imprisonment, for stock for which the Commission itself has The Fourth International Congress of the not less than 5 years, nor more than 10 established a zero quota; World Wildlife Fund, meeting in San Fran years, will be given for the use of a fire cisco, U.S.A., from 29 November to 1 Decem Not being convinced that the present arm during the commission of a crime. quotas are sufficiently supported by scien ber 1976: Further, notwithstanding any other pro tific knowledge, nor that the 10% margin Urges Governments to ban the use of at present applied is at all adequate to cover spearfishing guns other than the hand spear vision of law, the court shall not suspend the great uncertainty in present scientific and to ban all spearflshing contests; . the sentence in the case of any person assessments; Suggests that for all spearfishing activi convicted under this law or give him a Being aware that serious doubts have been ties suitable laws be enacted. probationary sentence, nor shall the term raised by scientists as to the validity of Resolution 19. The Future of Palau: of imprisonment imposed under this law current estimates used by the Commission Recognizing that the marine environment run concurrently with the term of im of the sustainable yields from sei whales of the Palau archipelago is the richest in the whole Pacific; prisonment imposed for the commission and sperm whales in the Southern hemi of such felony or crime. sphere; Being convinced that the future of the Concerned that the imminent expansion people of Palau depends upon maintaining With the implementation of this leg of krill fishing in the Southern Ocean could the marine resources of the islands; islation, we are sending a message to the quickly lead to a. situation in which the Being aware of the proposal for a superport criminal and would be criminal, that recovery of even protected stocks of baleen in Palau with the possible development of severe and mandatory sentences will be whales would be slower and less complete petrochemical and other associated indus imposed for the use of firearms in the than previously expected; tries; The Fourth International Congress of the commission of crimes. This legislation Believing it to be essential that future addresses the need to create an atmos generations of mankind be left options con World Wildlife Fund, meeting in San Fran cerning the ways and the degree to which cisco, U.S.A., from 29 November to 1 Decem phere where a criminal who commits a whales may be utilized in the long term; ber 1976: crime with a firearm knows that he will Reaffirming its call for an immediate mora Urges the Japanese people to consider al go to jail: the courts would have no al torium on commercial whaling; ternative and less damaging ways of securing ternative but to send him to prison. Supporting proposals for the launching of their oil supplies; and a comprehensive program of research on Recommends to the Government of the whales, with particular attention to studies United Stat-es, in its capacity as guardian of of live whales, oriented to provide the neces the people and islands of Palau, to do all in TO PROTECT AMERICAN SHORES sary information for conserV!a.tion and man its power to preserve the natural heritage of agement for objectives much wider than the Palau by preventing the development of the present objectives of the IWC; superport. The Fourth International Congress of the HON. EDWARD J. DERWINSKI World Wildlife Fund, meeting in San Fran OF ILLINOIS cisco, U.S.A., from 29 November to 1 Decem IN THE HOUSE OF REPRESENTATIVES ber 1976·: Urges UNEP, FAO and the UN bodies con MANDATORY PRISON TERMS FOR Monday, January 31, 1977 USE OF FIREARMS WHILE COM cerned and IUNC to give substantial support Mr. DERWINSKI. Speaker, for implementation of the research activities MITTING A CRIME Mr. as referred to above and to initiate a study of problems mount in many fronts, it is the future intergovernmental arrangements truly a shame that the Congress is off to required for the regulation of human activi such a slow start. Now that the Demo ties which affect whale population and their HON. NICK JOE RAHALL II crats have selected most of their commit habitats, having in mind changes in the OF WEST VIRGINIA tee members, I hope that the purpose of La.w of the Sea. and in world public opinion IN THE HOUSE OF REPRESENTATIVES the Congress, that of legislating, com concerning the conservation of whales; mences. Supports the proposals of the FAO/UNEP Monday, January 31, 1977 Scientific Consultation held in Bergen, Nor An editorial commentary in the Chi Mr. RAHALL. Mr. Speaker, as most cago Daily News, on January 24, empha way, in September 1976; people who read the newspapers know, Calls on all nations and the IWC to agree sizes the need for immediate action by to an immediate moratorium. crime in America is on the increase; es the Congress in reviewing the regula Resolution 18. Protection of the Harp Seal: pecially crimes committed with hand tions governing the entire maritime in Being aware of the conflicting population guns. Recent legislation to ban handguns, dustry which has recently been drama data on which the annual harvest of the aside from being unconstitutional, does tized by the series of tanker accidents Labrador Front Harp seal herds are based; not at this time appear to be the solution off U.S. shores. The editorial follows: Recognizing the necessity of being con- this problem. to To PROTECT AMERICAN SHORES servative in the exploitation of a threSitened It appears to me that providing strong species; The recent rash of accidents to seagoing Noting the recent studies by scientists er mandatory penalties for the commis tankers has focused much-needed attention from the University of Guelph, Ontario, sion of crimes where guns are involved on a problem that is already serious and Canada, have shown that the Labrador Front and the enforcement of those penalties bound to get worse. The breakup of a single Harp seal herds are in danger if the annual would help deter the criminal more ef tanker can spread millions of gallons of pol seal hunt continues; fectively. In our district there are miners luting oil over the ocean, fishing grounds or Noting that in 1976 the quota was set at and other laborers who work the "hoot beaches, as was quickly demonstrated in the one hundred and twenty-eight thousand owl" shift, leaving their wives and chil Qecember wreck of the Argo Merchant off seals and that the number taken was ex dren at home alone all night, who desire Nantucket. And with more tankers bringing ceeded by forty-one thousand for a total of ever more oil into U.S. ports to sattsfy the one hundred and sixty-nine thousand baby protection for their loved ones. The Con nation's energy needs, the question of how seals k111ed out of an estimated annual birth stitution of the United States says Ameri to protect our shores against pollution be rate of less than two hundred thousand, the cans are entitled to bear arms and I comes critical. remaining thirty thousand or less stlll being firmly believe we are entitled to this pro Plainly, much is wrong when a rust bucket subjected to other factors of mortality; tection. like the Argo Merchant, which had been Januatt·y 31, 1977 EXTENSIONS OF REMARKS 2841 plagued with breakdowns earlier, can keep Association issued statements to the section that states are authorized to have on sailing until its luck runs out on a reef. Ways and Means Committee and Senate right to work statutt!s. Like most of the other tankers 1n the Finance Committee in support of this Thus the battle ground o~ "Nhat will be recent news, this ship was under Liberian legislation. done in South Dakota may move outside the registry. Fleet owners routinely register their state to the legislative halls of Congress and ships in Liberia-or Panama, another "flag I really feel that Congress did not in to the White House itself. of convenience"-and it's no wonder. Sailing tend to make the law so narrow in its We think it would be unfortunate it' the under the American flag means paying high application, and I hope that my col federal government would dictate what wages and U.S. taxes; foreign registry cuts leagues will support me in the bill I am South Dakota can or cannot do in this area. costs by hal! or more. introducing today. The text is as follows: We also think the big unions have enough But the foreign registry also limits the A blll to amend the Internal Revenue Code power to influence their members without control that can be exercised over the ships of 1954 to· exempt certain additional air the arbitrary system of the closed shop. by the U.S. Coast Guard or other agencies. craft museums from Federal fuel taxes and South Dakotans who favor our right to And a t best the Coast Guard and inspecting the Federal tax on the use of civil aircraft, work setup will have to pass alona their crews are stretched too thin to keep the and for other purposes opinions to our elected represent::;. tiv:s after care.ful watch that is needed as tankers bring Congress convenes in January. in more than 40 per cent of the oil being Be it enacted by the Senate and House oj consumed in the United States. Representatives of the United States of The U.S. shipbuilding and maritime in America in Congress assembled, That sub MR. MARIGOLD AND THE FIGHT FOR 14-B dustry has been in sorry shape for years. paragraph (C) of section 4041(h) (2) of the (By Dave McNeil) Heavy subsidies have been provided by Con Internal Revenue Code of 1954 (defining aircraft museum for purposes of exemption PIERRE.-This is the story of Senator gress, amid scandals galore over the con Everett M. Dirksen's battle to preserve the tributions to congressmen by the maritime from taxes on special fuels) is amended by striking out "of aircraft of the type used Right-to-Work Law. Someone once asked the unions. But little gets done toward straight great senator what he considered his most ening out the mess in shipping. Most of the for combat or transport in World War II" and inserting in lieu thereof "of antique, shining legislative achievement. To the ques action taken have only made the mess worse, tioner's surprise, the answer was not propos increasing the discrepancy between Ameri custom-built, racing, aerobatic, military, or other special types of aircraft". ing the marigold as the nationaJ flower. The can flag shipping and registry under a for Senator instead replied, "Although it is per eign flag. SEc. 2. Paragraph (2) of section 4041(h) of the Internal Revenue Code of 1954is amended haps a negative distinction, I am most proud It should not take more sinkings and more of the bills which I prevented from being spllls to alert the new administration to by striklng out "the term 'aircraft'" and inserting in lieu thereof "the term "aircraft enacted." He further stated, "The American the pressing need for a review of the whole people can thank God that only 6 to a shipping situation. Unilateral action may museum'". SEc. 3. The amendments made by the first percent of all legislation introduced in Con not be enough, although some posit1ve steps gress becomes law." Dirksen realized the toward port and shorellne safetv can surely two sections of this Act shall take effect on October 1, 1976, except that insofar as they most basic ingredient of democratic freedom be taken by Congress. International co lies in the absence of excessive regulation. operation could help even more. And since affect the tax imposed by section 4491 of the Internal Revenue Code of 1954 (relating to He knew it is perfectly possible for a free oil sp111s and ocean currents don't recognize society to legislate itself to death. He believed nationa1 boundaries, every nation with a use of civil aircraft), they shall take effect on July 1, 1976. the accompllshments of a government can coastline has a stake in this battle against not be measured in inches of statutes and pollution. the freedom of man cannot be measured on a ratio of federal regulations. Standing high on a stack of bills which MUSEUM AffiCRAFI' TAX KEEP RIGHT-TO-WORK LAW he prevented from being enacted was one that made him most proud, one that I am EXEMPTIONS sure he regarded among his more important HON. JAMES ABDNO~ achievements because he was instrumental OF SOUTH DAKOTA in getting it shelved. The bill would have HON. BARRY M. GOLDWATER, JR. enacted the repeal of Section 14-B of the IN THE HOUSE OF REPRESENTATIVES Taft-Hartley Act. OF CALIFORNIA Monday, January 31, 1977 The legislative battle took place in the IN THE HOUSE OF REPRESENTATIVES Mr. ABDNOR. Mr. Speaker, South fall of 1965 and the early months of 1966, and Monday, January 31, 1977 it was regarded as one of President John Dakotans have repeatedly reaffirmed son's most severe legislative setbacks. It all Mr. GOLDWATER. Mr. Speaker, I am their belief that a person's right to hold surrounded 14-B. Senator Dirksen summed introducing today a bill to broaden the a job should not be conditioned upon his up his attitude towards the repeal of 14-B language of Public Law 94-530, which membership in any organization through in these words : "It is not a labor issue as amends the Internal Revenue Code to approval of the State's right-to-work far as I am concerned, but a pre-emptive exempt certain aircraft museums from law. Such a law in no way inhibits orga issue. If the federal government pre-empts the power of the states to act in this field, Federal fuel taxes and the Federal tax nization of or membership in labor the states will never again regain their right on the use of civil aircraft. unions, but it does protect the employ to deal in labor matters. Is there l'. more Unfortunately, when Congress enacted ment of persons who, for whatever rea fundamental right than the right to make a legislation last year to make this exemp son, choose not to become members of living for one's self and for one's family tion, an oversight occurred in that cer the union. without being compelled to join a labor tain types of aircraft museums failed to I would like to share with my col organization?" So he opened the filibuster qualify for it. leagues a recent editorial in the Madi and the bill was finally shelved in late Oc tober of 1965. Under heavy labor pressure, Public Law 94-530 applies only to son, S. Dak., Leader as well as a recent it was brought up again when Congress con museums which are "operat&d exclusively column by Dave McNeil, executive vice vened in January, 1966. Again, Dirksen began for the procurement, care, and exhibition president of the Greater South Dakota another "attenuated discussion," a thirteen of aircraft of the type used for combat Association, addressing this very impor day filibuster that was called "the second or transport in World War II." tant issue: battle of 14-B." However, some aviation museums [From the Madison (S. Dak.) Leader, Section 14-B was finally burled with the maintain World War II aircraft together Dec. 10, 1976] letter RIP (Rest in Peace) on February 10, with other types, such as World War I 1966. Senator Dirksen's final comment on KEEP RIGHT To WORK LAW 14-B was, "They'll bring it up again ovel' and other antique planes, custom-built, Many South Dakotans believe that this my dead body." And so he saved Section 14-B racing, and aerobatic planes. As the law state's "right to work" law is a good one. of the Taft-Hartley Act. is presently written, these museums can The law prevents compulsory unionism or Now, here we are eleven years later and, not be exempted from Federal fuel taxes. the "closed shop" but permits other union true to the Senator's prediction, 14-B is up One such museum, the Experimental activity. again and he 1s no longer with us. There Aircraft Association Museum in Franklin, The right to work law in South Dakota and wlll surely be another attempt to repeal14-B Wis., has an outstanding display of air other states may be threatened, however, by in the 95th Congress with its labor domina action in Washington after Jimmy Carter tion and President Elect Carter's statement craft. The Experimental Aircraft Asso becomes President. that he will sign the repeal of 14-B if it gets ciation strongly supported Public Law Pres.-elect Carter's position is not exactly to his desk. Some South Dakotans seem to 94-530 in the belief that its museum clear, but he has indicated to labor leaders believe our state will not be affected by such would be included in the fuel tax exclu that he would sign a law repealing section a repeal. The fact our right-to-work law is sion. In fact, the Experimental Aircraft 14(b) of the Taft-Hartley Act. It is under this in our State Constitution does not protect 2842 EXTENSIONS OF REMARKS January 31, 1977 it from repeal by Congress. As Senator Dirk HOUSE OF REPRESENTATIVES, Your letter of August 11, 1976 expresses sen said, 14-B is a pre-emptive issue, which Washington, D.C., August 30, 1976. concern about allegations of "brainwashing" means Section 14-B gave the states the orig Hon. EDWARD H. LEVI, of members of religious cults and notes a inal opportunity to enact right-to-work Attorney General, Department of Justice, reluctance on the part of the Department laws; therefore, its repeal does override our Washington, D.C. of Justice to investigate these allegations. constitutional right-to-work law. DEAR MR. ATTORNEY GENERAL: On AU You further suggest in both letters a meet The South Dakota Right-to-Work Law is gust 11, Congressman Robert N. Gi&imo sent ing between certain experts in the field of one of the pillars of our positive business you a letter requesting that an appointment "brainwashing" and a representative of the climate. It is this positive business climate be arranged between you or your principal Department of Justice. that has enabled our state to move very fast deputy and Professors Robert J. Lifton and The Department of Justice, of course, along the path towards industrial diversifica Richard Delgado. The purpose of this meet cannot conduct a general inquiry into the tion and, thus, economic stabilization. With ing would be a discussion of "brainwashing" activities of a religious organization. There out 14-B, we lose a competitive edge. and its possible application by the various first must be an allegation of a violation pseudo-religious cults which emerged in this of Federal law. country in recent years. As you know, we have received numerous We are concerned about the activities of letters from the parents of cult members BRAINWASHING OF MEMBERS OF these cults. While we recognize that their alleging that their adult children are the RELIGIOUS CULTS actions are protected by the Bill of Rights, victims of "brainwashing". Consideration has we cannot overlook the allegations of brain been given to the possibillty that the impo washing which have been advanced by peo sition of mental restraints upon the freedom HON. ROBERT N. GIAIMO ple who have left the cults. of movement of a cult member might con~ OF CONNECTICUT We hope that you will meet with Professors stitute a violation of the Federal kidnaping Lifton and Delgado. Following this meeting, statute, 18 U.S.C. § 1201. In Chatwin v. United IN THE HOUSE OF REPRESENTATIVES we would hope that you would advise us of States, 326 U.S. 455, the Supreme Court rec Monday, January 31, 1977 what you intend to do in response to the alle ognized that an unlawful restraint could be gations of "brainwashing." achieved by mental as well as by physical Mr. GIAIMO. Mr. Speaker, last Sep We beseech you to honor this request. means. However, the restraint must be tember, I inserted for the benefit of my Sincerely yours, against the person's will and with a wlllful colleagues the text of correspondence Robert N. Giaimo, 3rd District, Connecti intent to confine the victim. It seems clear which I had with the Justice Department cut; Gary A. Myers, 25th District, that the court wlll not construe the statu on the seemingly religious cults. At this Pennsylvania; Robert A. Roe, 8th Dis tory language of § 1201 so as to punish one ·time, I again am including these letters trict, New Jersey; Ken Hechler, 4th individual who induces another individual District, West Virginia; Matthew J. to leave his surroundings to do some inno for the RECORD so that those Members Rinaldo, 12th District, New Jersey; cent or illegal act of benefit to the former, who are not familiar with my efforts may G. Wm. Whitehurst, 2nd District, Vir state lines subsequently being crossed, 326 understand precisely what I am trying ginia; George Miller, 7th District, Call U.S. at 464. to accomplish: fornia; Richard Bolllng, 5th District, We have also considered the possibility AUGUST 11, 1976. Missouri; Joshua Ellberg, 4th District, that these allegations amount to violations Hon. EnwARD H. LEVI, Pennsylvania; Richardson Preyer, 6th of other Federal criminal statutes pertaining Attorney General, Department of Justice, District, North Carolina; Thomas J. to peonage and slavery. 18 U.S.C. § 1581 pro Washington, D.C. Downey, 2nd District, New York; H. hibits holding or returning any person to a DEAR MR. ATTORNEY GENERAL: For quite John Heinz III, 18th District, Penn pondition of peonage. The gravamen of this some time, I have been interested in and sylvania; George E. Brown, Jr., 36th offense is the holding of another to labor in most concerned about complaints which I District, California; Max Baucus, 1st satisfaction of a debt. United States v. Gas have received from constituents regarding District, Montana; Richard L. Ottin kin, 320 U.S. 527. This clearly does not apply the involvement of young Americans in ger, 24th District, New York; Norman to the situation in which a cult member is pseudo-religious cults. I am particularly con F. Lent, 4th District, New York; Gerry induced to work for a rellgious group. With cerned about the allegations of "brainwash E. Studds, 12th District, Massachu~ regard to 18 U.S.C. § § 1583, 1584, which pro ing" which have been advanced by several setts. hibit slavery and involuntary servitude, the people who have left these cults. victim must have or believe that he has no There is a general reluctance on behalf of SEPTEMBER 3, 1976. way to avoid continued service or confine officials at the Justice Department to in Hon. EDWARD H. LEVI, ment. If the victim has a choice between vestigate these charges. Perhaps this reluc Attorney . General, Department of Justice, freedom and confinement, even if the choice tance occurs in part because officials have Washtngton, D.C.: of freedom entails what he believes to be seri not had the benefit of the assessments of The following Members of Congress have ous consequences, then there is no violation. "brainwashing" by leading authorities on the advised me that they would like to be added See United States v. Shackney, 333 F. 2d 475 subject. to the list of co-signers of my letter to you (1964) (2nd Clr.). Two qualified experts in this field are will of August 30: In order to initiate a Federal criminal in ing to discuss this rnatter with you or your Representative James L. Oberstar, 8th Dis vestigation under the kidnaping statute or principal deputy. Professor Robert J. Lifton trict, Minnesota. under 18 U.S.C. §§ 1583, 1584, of individuals of Yale University is recognized as one of Representative Wllllam R. Cotter, 1st Dis alleged to have subjected cult members to the world's authorities on brainwashing. trict, Connecticut. "brainwashing", there must be information Professor Richard Delgado of the University Representative Bill Frenzel, 3d District, or an allegation that the victim was actually of Washington School of Law has concen Minnesota. deprived of his Uberty against his will by trated his activities in the legal aspects of Representative Leo J. Ryan, 11th District, physical or mental restraints. Allegations brainwashing. I believe that their comments California. that the victim was induced, persuaded, would provide invaluable information on this Representative Leo C. Zeferettt, 15th Dis proselytized, or brainwashed to continue his problem. Professors Lifton and Delgado have trict, New York. association with the cult would be insuf indicated that they would be able to discuss Representative Martha Keys, 2d District, ficient. In the case of a kidnaping investiga "brainwashing" and these cults with you Kansas. tion, there alsf> would have to be information sometime in the first three weeks of Septem Representative Clarence J. Brown, 7th Dis or an allegation that the victim was being ber. I would appreciate your advising me trict, Ohio. held for ransom, reward, or otherwise and promptly as to when you or your principal We would appreciate a prompt and favor that the jurisdictional element of interstate deputy would be able to meet with them. able response to our request. travel was present. In a related matter, I have yet to receive Representative RoBERT N. GIAIMo. I am informed that some parents of cult a reply to my April 13 letter to you on this members have had success in pursuing civil matter. I yield to nobody in my support for remedies involving court appointments as those freedoms protected by the First DEPARTMENT OF JUSTICE, conservators or guardians for their adult Amendment. But, what am I to say to the Washington, September 7, 1976. children. Additionally, in a case entitled parents of young people who are convinced Hon. ROBERT N. GIAIMO, Helander v. Unification Church, et al., case that their children are unwilling members of House of Representatives, No. HC7-75, Superior Court for the District these cults? Is there any way, short of "kid Washington, D.C. of Columbia-Famlly Division, the parents napping" their own children, that these par DEAR CONGRESSMAN GIAIMO: Your letter of a cult member petitioned for a writ of ents can talk to these young people? Am I to to the Attorney General dated August 11, Habeas Corpus. Although the court held that tell them that their government can or w111 1976 and your letter to Assistant Attorney there was insufficient evidence to establish do nothing? General Uhlmann dated August 23, 1976, that the cult member had been restrained I eagerly await your reply to this letter. have been referred to the Criminal Division. from her lawful liberty by the Unification Sincerely yours, A search of Criminal Division files falled Church, it seems clear that with a sufficient RoBERT N. GIAIMO, to disclose receipt of your letter of Aprll 13, showing, Habeas Corpus is yet another rem Member of Congress. 1976. edy in these situations. In view of the more January 31, 1977 EXTENSIONS OF REMARKS 2843 stringent burden of proof required in crim good reason to believe that a 5 cents per gal CONFERENCE AGAINST INTELLI inal prosecutions, it seems clear that ag lon entitlement could stimulate delivery of GENCE-GATHERING: PART I grieved parents would have a greater likeli sufficient imported home heating oil at a hood of success in pursuing civil remedies price below the average wholesale price of rather than requesting criminal prosecu U.S. heating oil and thereby stabilize or HON. LARRY McDONALD tions. slightly reduce the cost to homeowners. Given OF GEORGIA With regard to your proposal for a meet the severity and immediacy of the problem ing with Professors Lifton and Delgado, I we face, I strongly recommend that a full IN THE HOUSE OF REPRESENTATIVES believe that before such a meeting took entitlement be granted to all New England Monday, January 31, 1977 place, we should have the benefit of review importers of home heating oil--even at the ing their publications or other works in the cost of temporarily increasing our reliance Mr. McDONALD. Mr. Speaker, the field of "brainwashing". If you wish to sub on foreign oil imports. leaders of the campaign to blind our mit any such publications to the Depart In assessing this present "crisis", if we Nation's Federal and local intelligence ment, we would be happy to review them cannot designate a villain perhaps It is be gathering agencies so that criminal and and advise you as to our views of the ap cause the fault lies too close to home. A Fed totalitarian groups may be free to plot propriateness of such a meeting. eral Energy Administration check of New against our constitutionally guaranteed Thank you for your interest in this matter. England distributors has not found any in Sincerely, stances of price gouging nor any increase rights unhindered, and that terrorists RICHARD L. THORNBURGH, in normal profit margins. The proponents of and foreign spies may operate undis Assistant Attorney General, Criminal home heating oil decontrol cannot be faulted, turbed met last week in Chicago to ex Division. as it is likely that high prices and short change information and coordinate their supplies would have been experienced this activities. winter under continued controls. Our fed A National Conference on Government eral regulatory agencies were exonerated Spying-NCG8-was held at the North from blame when Congress voted to decon NEW ENGLAND'S HOME HEATING trol and approved of the Post Exemption western University School of Law in CRISIS Monitoring System. The blame for New Eng Chicago, on January 20-23, 1977. The land's most recent "energy crisis", if it is conference was organized by the National to be assumed at all, must be shouldered Lawyers Guild-NLG-which first pro HON. STEW ART B. McKIN·NEY by our failure to coordinate both a national posed the conference at its August 1976 OF CONNECTICUT and regional energy policy. The present ex national executive board-NEB--::neet orbitant costs and the danger of insufficient IN THE HOUSE OF REPRESENTATIVES ing in Brunswick, N.J. supplies are further examples of the price The National Lawyers Guild has ex Monday, January 31, 1977 we pay in the absence of a definitive energy program. We cannot continue to operate plicitly stated its support for revolu Mr. McKINNEY. Mr. Speaker, last under this patchwork approach to New Eng tionary "armed struggle" and terrorism Friday I had the opportunity to address land's energy demands. as in the armed occupation of Wounded a meeting of New England's Federal En We must insure that the federal govern Knee and in violent prison riots. The ergy Administration regional officials ment becomes responsive to our unique re NLG International Committee maintains and members of the New England Cau gional energy needs and that such aware open liaison with terrorist Marxist "lib cus on the subject of New England's ness results in affirmative actions which ad eration movements" such as the Pal home heating crisis. dress those specified needs. We, as repre estine Liberation Organization. The NLG sentatives of the New England region, must My remarks follow: become increasingly cognizant of our par is a member of the Soviet-controlled In NEW ENGLAND'S HOME HEATING CRISIS ticular energy problems and develop a re ternational Association of Democratic Ladies and gentlemen, I am pleased at the gional program to meet them. The relatively Lawyers-IADL: the NLG was formed opportunity to participate in this exchange lower home heating oil costs in the rest of with the assistance of the Comintern in of ideas on matters of urgent importance to our FEA price monitoring region is just one 1936 and was cited as the "foremost legal homeowners in Connecticut and throughout example of the significant differences that bulwark of the Communist Party, its New England. The people of Southern Con exist in the energy requirements of New Eng fronts and controlled unions." The NLG necticut have been hit hard by this winter's land as opposed to the broader Northeast severe cold and the resulting increase in fuel region. now operates as a working coalition of prices. Like you, I have heard from numerous First and foremost, a program of resource Communist Party, U.S.A.-CPUSA constituents who are paying up to 50 cents priority usage for the nation and our re members and supporters, Castroite Com per gallon to heat their homes. They are gion must be devised and strictly enforced. munists, Maoist Communists, and vari understandably upset. If imported petroleum products are to be ous New Left activists. Despite the ineffectiveness of the FEA's our primary fuel source for the next 20 Coconvenors of the National Confer Post Exemption Monitoring System to pro years, followed by coal, nuclear and solar ence on Government Spying were: tect the average homeowner from dramatic power, then let's plan for that. Let us estab American Civil Liberties Union (ACLU), price increases following the decontrol of lish a time table which our producers, im middle distillates, I do not favor the reinsti which stated in its 1970-71 Annual Report, porters and distributors can rely on. These "The ACLU has made the dissolution of tho tution of controls. The 25% increase in home priorities, in turn, would require us to struc fuel consumption over last year's level has Nation's vast surveillance network a top ture our environmental regulations to com priority;" and whose leadership includes NLG been tagged as the major cause for this pliment that time table so that ut1lities can New England's most recent "energy crisis." As members and totalitarian Marxist-Leninists. avoid costly interruptions and conversions American Friends Service Committee a. result a possibility, more discomforting and will be willlng to make capital invest than the thought of exorbita.nt heating bills, (AFSC), which has expressed approval· of the ments based on those assurances. Within Vietcong, Red Chinese, Palestine Liberation arises-the danger of having no fuel at all that framework, we can explore the obvious regardless of price. The question of price Organization, Khmer Rouge and Cuban com benefits of constructing refining facllities munists efforts to create "socialism;" and controls versus production incentive and sup· in New England and thereby eliminate future ply is a.n uncertain one at best. However, :;.n which excuses revolutionary terrorism on manifestations of the current price disad the grounds that the oppression caused by the midst of one of the coldest winters in vantage we suffer in relation to those with memory, I think it highly unwise to test capitalism is greater and came first. AFSC ready access to refineries. distributed a manual, Intelligence Abuse and that theory with the reinstitution of con As a group, organized under the New Eng trols. your Local Police, which contains a.n April, land Caucus, we have both the voice and 1976, resolution of the AFSC Board calling Our primary task, and initial recommen forum to present our ideas to the rest of dation to the Federal Energy Administra for outright abolition of the CIA and in the Congress and push for the development ternal security function of the FBI and call tion must be to insure New England home of a national energy plan. owners of sufficient supplies to meet this ing for the outlawing of all "clandestine Ladles and Gentlemen, a regional energy U.S. activities abroad" and of all domestic winter's needs. Our secondary, but no less plan is not a viable consideration unless op serious concern is to reduce or a.t least sta intelligence-gathering activities. erated in conjunction with a larger federal Center for National Security Studies bilize the cost of home heating oil. In this program. But as a Caucus, we have both the particular situation we must remember that (CNSS), a project of the Fund for Peace we are not seeking the best but mo.st im capability and responsibility to present our financed principally by the Field Founda mediate solution to this problem. Ideas to our colleagues and push for the de tion and staffed from the Institute !or Pol Granting a healthy entitlement, approXi- velopment of an energy plan on a national icy Studies (IPS), a far-lert think-tank mately 5 cents per gallon, not only appears scale. I hope that we can learn from this which has never excluded violence from its to fill that bill, but may also provide a much most recent crisis and get on with that vital experiments in revolutionary "'social needed reduction in consumer costs. There is task. change." IPS continues to have members 2844 EXTENSIONS OF REMARKS January 31, 1977 of terrorist organizations on its staff; and Peace/CNSS activities, by the Field Chicago, Civ. Action 75 C 6295 nature of the available promising campaign to • • • bring it to Suvero) , Los Angeles; NLG; executive data concerning each class member." an end." director, ACLU of Southern California; The manual further urges that the Broadly painting all intelligence former codirector of the National Emer original files and reports be closely gathering methods-"secret surveillance, gency Civil Liberties Committee, an iden analyzed by the members of the group wiretapping, maintenance of illegal dos tified CPUSA front. or the person surveilled. This process has siers and photo files, 'black bag jobs,' and David Rudovsky, Philadelphia; NLG; resulted in the identification of a number •counterintelligence' tactics" as "illegal" staff attorney of the NECLC Philadel of brave Americans who provided in and 'shocking," the NCGS organizers phia office; attorney for the Institute for formation on the activities of Commu claimed there has been "systematic viola Policy Studies. nist, terrorist, and terrorist support tion of the privacy and fundamental Franklin Siegel, New York; NLG na- groups. rights of large numbers of citizens" tional office staff. The manual makes a further and ob whose "only 'crime' has been inde Howard Simon, Detroit. vious point that discovery is the major pendent opposition to-sometimes merely Zoharah Simmons, Philadelphia. point of an anti-intelligence suit in that mi~ d criticism of-the established order." Richard Soble, Detroit; NLG and Bill disclosure itself is a major step toward The conference-goers dif. not mention Goodman's law partner. the goal of terminating all intelligence that law enforcement intelligence-gath Syd Stapleton, New York; member of programs. ering programs were instituted in re the Socialist Workers Party National LITIGATOR'S WORKSHOP sponse to the violent and totalitarian Committee and national secretary of the threat unified and directed by the Soviet SWP's political rights defense fund The Thursday afternoon and evening Union; or that the expansion of domestic PRDF-which raises money and distrib sessions on January 20, and the morning intelligence gathering in the 1960's was utes publicity about the SWP's lawsuits and afternoon of Friday, January 21, in response to increased activities in this against the FBI and other law enforce were devoted to a Pre-Conference Liti country on behalf of Soviet, Cuban, and ment agencies. gator's Workshop "for attorneys and le Vietnamese Communists which was ac Margaret Van Houten, Washington, gal workers who are now involved in on companied by street disorders, destruc D.C.; formerly with the Organizing going or contemplated lawsuits" and was tion of private and public property, and Committee for a Fifth Estate--OC-5- styled "an information exchange on cur finally by terrorism perpetrated by now coordinator of the OC-5 spinoff, rent Red Squad and secret police law Cuban-trained revolutionaries. the Public Education Project on the In suits." The NCGS steering committee con telligence Community-PEPIC. The 50 who registered were provided sisted of: Margaret "Peggy" Winter, New York; with a copy of the litigation manual Bob Borosage, Washington, D.C.; NLG national staff of the political rights fund. which served as the basis for agenda dis activist; codirector of the Center for Na The National Conference on Govern cussions. Also handed out was a special tional Security Studies-CNSS; and edition of NCSS/ ACLU project on na ment Spying was organized from room tional security and clvil liberties news trustee of and attorney for the Institute 815, 33 North Dearborn, Chicago, Ill. for Policy Studies-IPS. letter, First Principles, "put together to 60602, 312/939-2492, with Paul Bigman as accompany the Conference Against Police Len Cavise, Chicago; NLG. information coordinator. In addition to Paul Chevigny, New York; NLG Spying." the NLG, those assisting with conference First Principles-January 1977, vol speaker and staff attorney for the New expenses were the ACLU and the Playboy York Civil Liberties Union; author of ume 2, No. 5-features three articles: An Foundation which commissioned the account of the SWP suit by Claire Mori "Cops and Rebels" and "Police Power." conference handbook, a more than 225- Terry Gilbert, Cleveland. arty, SWP member and PRDF staffer; page manual-$15-entitled "Pleading, an article by Chicago Better Government Bill Goodman, Detroit; president of the Discovery and Pretrial Procedure for NLG. Association counsel Robert C. Howard; Litigation Against Government Spying," and an account of Benkert against Mich Leonard Grossman, Detroit. whose principal authors are Robert C. igan State Police, in which a Wayne Lance Haddix, Chicago; NLG. Howard and Kathleen M. Crowley, gen County circuit judge struck down the Morton Halperin, Washington, D.C.; eral counsel and staff counsel, respective criminal syndicalism statutes which re director of the joint CNSS/ ACLU Project ly. of the Better Government Associa quired the State police to investigate per on National Security and Civil Liberties, tion, a plaintiff in the suit against the sons advocating "crime, sabotage, vio funded, as are many ACLU and Fund for Chicago police intelligence unit, ACLU v. lence, or other unlawful methods of ter- January 31, 1977 EXTENSIONS OF REMARKS 2845 rorism as a means of accomplishing in that the very production of the index only to resolve legal disputes, set dead dustrial or political reform." It also con established the grounds for the class lines and conduct the trial. This insures tains a docket listing of "Current Red action alleging surveillance and invasion the relative uninvolvement of the judge Squad Cases." of privacy. except on an occasional, formal court The Thursday workshop sessions were According to Howard, the most im room basis. devoted principally to the central ques portant rulings for plaintiffs in the AER Discussion included the importance of tion in antisurveillance litigation: dis suit was one ordering production with setting up, on as informal a basis as fea covery. Featured resource people and ex out any deletion of all documents relat sible, pretrial conferences involving the perts included Robert C. Howard; Rich ing to the plaintiffs. The other plaintiffs judge and his clerks, and counsel for the ard Sobel; G. Flint Taylor, active with include the Communist Party, U.S.A.'s parties. It was further spelled out that the NLG and the Weather Underground's youth group, the Young Workers Libera an important function of the pretrial Prairie Fire Organizing Committee tion League-YWLL; the Trotskyist conferences was to "educate the judge PFOC-who is a plaintiff in the Alliance Communist Socialist Workers Party about the lawsuit," to "develop some per To End Repression-AEC-lawsuit; SWP-and its youth group, the Young sonal relationship with him," and gain Rhonda Copeland of the NLG and Cen Socialist Alliance-YSA; the two cited ing the judge's assistance in resolving de ter for Constitutional Rights-CCR-on CPUSA fronts which set up the AER, the fense objections to the discovery process. "executive privilege, state secrets, and Chicago Peace Council and the Chicago It was further noted that plaintiffs security" questions; Robert J. Kollen, an Committee to Defend the Bill of Rights; should strive to maintain control over attorney in the EER/ACLU suit; AER several dual members of the National pretrial conference agendas. As one par attorney Richard M. Gutman and CCR Lawyers Guild-NLG--and the Weather ticipant commented, the pretrial confer cofounder Morton Stavis on how to min Underground's Prairie Fire Organizing ence is the most efficient device available imize and prevent reverse discovery by Committee-PFOC; present and former for implementing plaintiffs' plans. defendants; and Charles Nessen of Har members of the CPUSA; and others with Another benefit to plaintiffs was dis vard Law School, formerly one of the de public records of involvement in CPUSA cussed in that plaintiffs offering to draw fense attorneys in the Ellsberg/ Russo front activity. up the agendas necessitates constant dis trial. Howard emphasized that the major cussions with the defense counsel for the Bob Howard's contribution was dis ruling by the judge that no "informer's law enforcement agency. If the defense cussion of the two suits against the Chi privilege" to confidentiality applied on is resistant to discovery, the previous dis cago Police Department intelligence unit, the grounds that: First, some of the in cussions with plaintiffs' counsel will AERIACLU, which have been, in his formants had regularly, irregularly or highlight it for the judge, insuring that words, "consolidated for discovery before on an occasion been paid; and second, plaintiffs' positions appear both reason a receptive federal judge." Howard ex that the U.S. Supreme Court's standard able and properly aggressive. The bene plained how plaintiffs' counsel were able of protection of informants in Rovario v. fits to aggressive plaintiffs of being able to subvert a protective order which had U.S., 353 U.S. 53 0957) does not apply to define and characterize the issues to been issued by a previous judge restrict to intelligence informants because "sub be discussed are obvious. ing documents obtained in discovery to versive activities" are noncriminal politi The Friday sessions were for the most plaintiffs' counsel only. cal and associational activities protected part devoted to technical points of trial The plaintiffs argued that the docu by the first amendment. strategy. Featured "resource persons" in ments in the intelligence files should be cluded Frank S. Askin, Rutgers Constitu categorized as either "personal" or "sys Discovery in Bankert against Michi gan State Police was discussed by plain tional Law Clinic; Margaret Winter, tems" documents. PRDF; Michael Krinsky; David Rudov In this arbitrary system devised by tiffs' counsel Richard Soble of Detroit. In Bankert, while the .contents of Michi sky; Mark Frankel; Lance Haddix; G. plaintiffs, all information about the ac Flint Taylor; and Jerry Berman and tivities of the groups and individuals gan State Police and Detroit police have been examined by plaintiffs' lawyers, the Morton Halperin, CNSS. were to be considered "personal," and Halperin and Berman promoted a materials defining departmental pro various individuals who were the subject of file mentions were not given access. "model law" they had drafted which was cedures and revealing techniques used designed to make intelligence gathering for intelligence-gathering were "system It was also noted that the Detroit so difficult, expensive and "dangerous" documents." According to Howard, the police were allowed to attempt to protect for law enforcement agencies that they Federal judge agreed with plaintiffs that their informants' identities by substitut wouldn't make the effort. the only interest which pertained to ing numbers for names. However, iden tities are easily revealed by comparison of Berman's "model" called for total pro "personal" documents was the privacy hibition on the formation of intelligence interest of those who had been sur several reports. The Michigan State units, would totally prohibit the collec veilled; and that therefore plaintiffs Police were permitted to identify all per tion, filing or distribution of any infor counsel could disseminate those docu sonnel except informants. However, mation "relating to any person's beliefs, ments freely to the subjects of the sur plaintiffs counsel noted that the question opinions, associations or other exercise veillance who .could release them as they of whether or not an informant is in ef of rights guaranteed by the first amend wished so long as information on any feet a type of "police personnel'' remains ment," and would require warrants for third party was not disseminated with to be argued. the use of an informant and limit in out their permission. The Thursday evening session was de vestigations to 30 days. With regard to the "systems docu voted to "Management of Litigation and In effect, the CNSS "model" would ments," when the Chicago police super Tactics." A principal point was the prohibit monitoring of any group pro intendent made public and press state PRDF/SWP tactic of using pre-trial con moting terrorist violence. or stating that ments defending the police department's ferences among the judge and counsel it will engage in revolutionary terrorism right to make use of informants and which do away with the traditional in the future as soon as conditions are denying that the police had used illegal and very time consuming-legal proce appropriate. The CNSS and its revolu methods to obtain information such as dures of "requests/objection/briefing tionary cohorts deny that the general burglary and wiretaps, plaintiffs imme schedule/decision." This has enabled the public has a right under the Constitution diately moved to eliminate restrictions SWP, as well as plaintiffs in other anti to be protected from planned violence, on that category of intelligence unit intelligence suits to gain the necessary and would prevent the law enforcement material. documents in weeks and months while community from even trying to identify Howard stressed the importance of the process might have tal{en several the sources of potential mayhem until gaining detailed information at the out times longer by traditional discovery their plans are complete. set on how material is filed and in gain procedures. The "importance of staying A special lunch session was held on ing an initial order sealing and segregat away from briefs" was strongly stressed. Friday featuring Charles Marson of the ing law enforcement intelligence files as The formal practice of the Federal northern California chapter of the well as forbidding any purging or de- Rules of Civil Procedure were criticized ACLU. Marson reported that he is open struction of file contents. He noted that because in it the attorneys organize the ing an investigation of a "newly uncov the Xerox of the entire intelligence unit process of the litigation among them ered top secret link" and "national data card index has proved invaluable, and selves with the judge becoming involved exchange system among red squads," the 2846 EXTENSIONS OF REMARKS January 31, 1977 Law ·Enforcement Intelligence Unit erty disappears from airports, railroad yards, in cargo theft. If I believed that the Presi LEIU. truck teNninals, and shipping docks. It is dent's National Cargo Security Program Marson asserted that LEIU was part of hauled off in hijacked trucks, slipped away could, by itself, eventually result in mean in mis-marked crates, pulled out of waiting ingful decreases in cargo theft, I would not a vast, secret, private dossier exchange ra.llroad cars and even carried out the front be pushing my bill. network. Marson intends to investigate gate in lunch boxes and under coats. But even Secretary Coleman's assessment the fa<:t that over 85 California police It is a $6 mlllion per day racket involving of the program's effectiveness shows its weak departments, district attorney's offices organized crime, petty thieves, fences and nesses. He reported earlier this year that "the and sheriff's departments in California company employees. lack of maritime data is a signlficant defi are members of private LEIU organiza I will give you a few specific examples ciency in the National Cargo Security Pro tions. to lllustrate just some of the problems that gram." And he stated that, "The railroa.d in are encountered in dealing with cargo theft. dustry reports its theft-related freight losses The New York-New Jersey Bi-State Water are increasing." Even the most optimistic front Commission, once recovered $277,000 in parts of his report indicate only "gradual CARGO THEFT: A BILLION DOLLAR stolen goods by setting up an undercover trends of improvement.'' RACKET fencing operation. When the property was The Administration's program cannot suc recovered, they discovered that the shippers ceed on its own because the incentives are had reported losses of only $2,000. not great enough to overcome the difficulties HON. J. J. PICKLE A series of articles in the Chicago Tribune encountered by tightening security. The OF TEXAS (February 19 and February 21, 1975) revealed prospect of higher profits is outweighed by IN THE HOUSE OF REPRESENTATIVES that reporters could gain easy access to re the increased costs for security, and the very stricted passenger and cargo areas, walking real possibilities for increased insurance Monday, January 31, 1977 through open gates and past guards. They costs, labor disputes, and threats of retalia Mr. PICKLE. Mr. Speaker, I am once watched while employees rifled luggage and tion by organized crime. supplies. Many employees told the reporters It is much easier to program the losses into again introducing legislation, H.R. 1157, they considered such stealing to be part of the operating budget and, in turn, raise the to deal with the $6 million per day cargo their salary. Others said honest employees cost to the consumer. theft racket. I first introduced this bill tolerate theft by their co-workers because A voluntary security program cannot suc in 1970. At that time I found that for they felt the airlines didn't care and believed ceed without some mandatory regulations the criminal there is no business more they may actually be reprimanded by an air enforced by the government. That is why I profitable or less risky than cargo theft. line or a union for accusing another worker have once again introduced legislation to For the coP..sumer, it means $2 billion a of theft. fight cargo theft. I do not intend my pro year in higher prices to make up for the I received a letter from the Portland, Ore posal to be a total answer or an alternative gon, pollee bureau which also sets up an to the National Cargo Security Program. On loss. undercover fencing operation to buy stolen the contrary, I believe that this blll would Today, 7 years later, the situation has goods. The letter stated: "Most people were improve the effectiveness of the voluntary not changed. The only action that has willing and eager to buy stolen property if program by reqUiring that the wheels be set been taken to combat cargo crime is the the price was right. Several of the cases in motion to develop better security. Nixon-Ford administration program of made by this method were well-known busi The blll outlines a. very simple and basic voluntary cargo security. This vague nessmen with good financial circumstances program. The major points are these: program was about as effective as an air who apparently could not resist a 'hot bar (1) Allowing the Department of Trans gain.' The message to the community was portation to set up very limited regulations wick in a feedlot. that ordinary citizens are the ones who help in certain areas; Last fall I submitted testimony to the support crlminals and break the law by pur (2) Attacking the problem of the jurisdic Surface Transportation Subcommittee chasing stolen property." tional dispute between DOT and the De which explains the complexity of the And there is the story about a thief in a partment of the Treasury; cargo theft problem and it describes the high-crime rail corridor in Detroit who was (3) Getting the Federal Maritime Com major points of the bill that I have in caught by security guards one day running mission off the dime and making the ships troduced. I insert that statement into the out of the rail yard with a pair of wheels report losses; and tires he had removed from a new auto (3) Creating legislatively the Office of RECORD: mobile on a rail car. Two days later, he was CARGO SECURITY Cargo Security, which now just exists by ihe again seen fleeing the same area with the grace of the Office of Management and Mr. Chairman, I thank you for giving me customary wheel and tire under each arm. Budget; and the opportunity to discuss the problem of These four cases lllustrate just a fraction (5) Creating legislatively the Inter-Agency cargo security and the legislation that I have of the problem we are facing. We are con introduced. Council on Cargo Security. fronted with inadequate labelling of cargo, Areas 4 and 5 are pretty much self-explana As you know, this is not the first time I irregularities in reporting stolen or lost mer tory but I would like to comment on the have sponsored legislation to deal with this chandise, an inability to develop evidence for problem. For the past seven years, I and my minimum regulations, the port dispute, and prosecution, opposition from trade unions the Federal Maritime Commission. sta.ff have collected, analyzed, discussed, and and often fear or indifference from em filed every piece of information about cargo I have received comments from many peo ployers. ple in the transportation industry opposed security that we could find. I have persisted These are the factors that have helped to 1n collecting and digesting this voluminous to the imposition of regulations because of a make cargo theft a multi-billion dollar fear that the rules would not adequately con record with two goals in mind: First, to racket. grasp the scope of the problem with which sider such variables as the type of freight I hope that you will agree that when we hauled, geographic locations of terminals, we are dealing and secondly, to develop a have a situation where a thief can make 10 reasonable and just approach to fighting and the cost of complying with the times more money by hijacking a truck than regulations. cargo crime. by robbing a bank, and with less fear of be First of all, it did not take long for me However, my blll would not do any of ing caught---and even less fear of a convic these things and, in fact, my proposed to see that the scope of the problem is tion-then we must take some action. staggering. The more I studied, the more I regulations would not fall totally on tbe Some steps have been taken in the past transportation industry. read, the more I listened, the more this couple of years to focus on high crime areas problem seemed to get murkier and murkier. and to encourage carriers to develop tighter The bill calls for regulations in four a.reas There have been confiicting reports. The security systems. However, these measures and four areas only: They are: Administration says that direct theft of cargo have not gone far enough and have had a (1) Proper packaging. The cost here will is more than $1 billion annually. But the minimal effect on cargo crime. fall on the packaging industry and the GAO has said that that study had faults The Ford Administration, through the Of shipper. and even the consultant has admitted that fice of Cargo Security, has developed the Na (2) Proper documentation and labeling. the figul."e was conservative. tional Cargo Security Program. This is a pro The cost here will be on the shipper and When Senator Alan Bible and I first in gram of voluntary action by the private sec carriers. troduced cargo security legislation, we came tor to remove the opportunities for theft and ( 3) Better cargo loss reporting. Most forward with the figure of $1.5 billion stolen to develop more effective law enforcement. carriers and shippers already report. in 1970. Now, I say that the American peo I support this program as a good approach (4) Personnel identlflcation. This will cost ple are being ripped off to the tune of at to cargo security and I agree with Secretary the unions and the carriers. least $2 billion every year. William Coleman's view that nothing is more Thus, these requirements are not designed That is $2 billion in lost income, $2 bil effective than the commitment of individual to cost the carriers only. The purpose of lion which must be made up through higher companies to the principles and practices of working in these areas 1s recommended so prices to consumers and that is $2 billion good security. that the following can be accomplished: that adds to inflation. However, it 1s obvious that the program is (1) Present evidence in court so that cases Everyday, millions of dollars worth of prop- not bringing about any significant reductions can be fully prosecuted; January 31, 1977 EXTENSIONS OF REMARKS 2847 (2) Allow a. rapid notification of losses so TIME TO REVIEW THE VOLUNTEER up recruiting and $400 million in incentives we can improve our chances of catching up ARMY for volunteers for the reserves. with· the goods before they are sold and The Pentagon background papers prepared become virtually untraceable; for the Carter Administration also warn of (3) Remove incentives for thefts such as public and Congressional concern that the improperly labeled cargo; and HON. LUCIEN N. NEDZI Volunteer Army "may eventually be com (4) Make it tougher for repeaters to get OF MICHIGAN posed of low socio-economic levels of mi back into the business. IN THE HOUSE OF REPRESENTATIVES nority groups." The drift toward a heavily black Army, officered mostly by whites, is Please note that I do not call for minimum Monday, January 31, 1977 security standards. I accept the argument documented in one paper. In a. population that this may be too expensive and too cum Mr. NEDZI. Mr. Speaker, the time has 12 percent black, only 5.3 percent of the Army bersome to apply nationwide. come for the Defense Department, the officer corps is black, while the proportion Now, a.s to the second part of my bill Congress, and the American people to of blacks in the Army as a whole has risen about straightening out the jurisdiction by half since 1971 to 21.9 percent. review the evidence on the Volunteer In short, enough problems have now de between Customs and DOT, I have several Army. And the volunteer services. points to make. veloped that it is reasonable to wonder First, I say that it is time we went public Personnel costs now make up the whether the nation was right to go to a with the fighting going on between DOT major portion of the defense budget. One Volunteer Army a.t all. and the Treasury and become a.wa.re that the problem is that military pensions have What is the alternative? The armed forces two agencies' attitudes are hurting no one reached the point where retired military could be further reduced, below their cur but the American consumer. Now this is not personnel cost the Army as much, or rent level of 2.1 million. But that is hardly going on between Secretary Simon and Sec more, than its active duty soldiers. A an attractive option during a. Soviet military retary Coleman, but it is there. People just buildup. Military pay and benefits could be second problem is that the services, raised stil further to remain competitive with will not talk about it. especially the Army, are having problems So far, I am not impressed with what has civilian employment as the economy recovers. been going on between the two agencies and in recruiting quality soldiers. That is the Pentagon's choice. Or we could I think it is time for the Congress to step in As one who had reservations about the return to the draft. That now appears polit and put some kind of order on the proceed Volunteer Army from the beginning, I ically impossible. The passions and inequi ings. am pleased that a serious discussion is ties of the Vietnam years lie close to the My bill would allow the Treasury Depart now beginning on the practical conse surface. ment to regulate in those areas where the quences of the end of the draft. But surely, it is not inconceivable that an Customs people have had traditional juris In this regard, the New York Times acceptable version could be devised, perhaps diction. This would include the terminal a form of universal service, civilian and mlli editorial of January 26, 1977, is a well ta.ry, without exemptions, in theory, this operators. crafted and temperate description of the I know this is a hard area in which to could seek to reduce teenage unemployment draw the line. The way my blll is structured, issue. Accordingly, under leave to ex and accomplish needed public works as well the Ways and Means Committee would have tend my remarks in the RECORD the edi as provide military manpower. A new Gallup the congressional jurisdiction here. If DOT torial is set forth bellow: poll shows that two of three Americans favor can present its case to limit the Customs WORSE THAN THE DRAFT? a year of such service for young men. Even activities to actual Customs inspection areas, among young men aged 18 to 24, almost half Richard Nixon's promises to end the draft support the idea. and 43 percent would choose then I will be open to the change. helped him win two Presidential elections. It My main point is to recognize that there military rather than civilian service. was only natural therefore, that his Admin It is an option we would urge the President is a simmering situation between the two istration and President Ford's, after the agencies and it should be settled. to explore, perhaps through a. blue-ribbon December 1972 induction of the last draftee, commission, before the Volunteer Army is Finally, there is a serious problem with would express assurance that the Volunteer the Federal Maritime Commission and the reduced further in size or quality and Army was working well. And they did, re increased further in cost. ship people in America. The fact that the peatedly. Doubts expressed by former Defense FMC has backed down on the rule for cargo Secretary James Schlesinger in his first an theft reporting 1s a step back to the dark nual "posture" statement were quickly ex ages of cargo security reporting. My blll plained away. All of which stirs our interest A TRIBUTE TO JAMES COATS would put an end to this playing around and in the Pentagon's acknowledgement, in tran AUCHINCLOSS require that the FMC collect this informa sition papers for the new Administration, of tion and give 1t to DOT. serious trouble in recruiting volunteers, trou That is basically what I intend for this ble which raises a. hard question for Wash HON. EDWIN B. FORSYTHE legislation to accomplish. When I introduced ington and for the country: Can we afford a. OF NEW JERSEY it, I only asked one thing-that people not mass army without some form of conscrip IN THE HOUSE OF REPRESENTATIVES oppose it as a knee-jerk reaction. tion? However, labor leaders have said that over Despite recession, high unemployment, Monday, January 31, 1977 their dead bodies would any bill talking high pay and extraordinary enlistment about employee identification pass. This in bonuses, recruiting began to run into Mr. FORSYTHE. Mr. Speaker, James cludes such things as controlling access to trouble early last year. The armed services Coats Auchincloss, the Representative of the loading area, which is all I am looking fell 19,000 below strength by October. And New Jersey's Third Congressional Dis for. worse problems are predicted for the future trict, for 20 years, died recently in a And the Ford administration, I believe, as a. result of "declining recruitable popula nursing home. His death is indeed a great will never support meaningful cargo security tion, return to low unemployment rates and loss to the people of New Jersey. Mr. legislation. This is something that truly reduction in military-vs.-civ111an pay com Auchincloss chose to leave his seat on the perplexes me. This bUl would only enhance para.bil1ty." the effectiveness of the voluntary approach These problems have developed in the face New York Stock Exchange to begin a by getting everyone started off on the same of sharp increases in spending. In pre-Viet political career. I believe that James foot. Surely the very limited regulations nam 1964, manpower costs accounted for 42 Auchincloss's devotion and many con that are called for in the b111 cannot be con percent of the defense budget. Now, with the tributions to his district deserve recogni- sidered as onerous as the administration armed forces almost one-fourth smaller due tion. • has described them. Surely these minimal to the higher costs, they eat up 56 percent of After the reapportionment cut in the steps to straighten out jurisdictional dis the defense budget. 1940's, Mr. Auchincloss also deftly putes will not hurt the cause of cargo Pay for recruits has quadrupled in little strengthened the Republican position in security. more than a. decade. An E-2 enlisted man, I admit that the b111 I have introduced the second lowest grade, now gets $7,300 a his district, which after the 1940's won may need some polishing and smoothing on year. A civilian working at the minimum him the support of many. He should best the edges. I welcome such constructive sug wage gets only $4,800. Yet the quality of Army be remembered for his immediate con gestions from the committee, the industry, recruits keeps slipping. Recruiting for the cem for the problems his constituents from labor and from the Administration. reserves is harder still. It was relatively easy faced and his ability to act on issues It is time for Congress to take action to when reserve service was an alternative to without being led away from his own deal with cargo crime. This b111 would send the draft. But not now; last June 30, the beliefs. a message to the organized theft rings, the reserves were 71,000 under strength. At the end of his lOth term in 1964, burglars, the fences and all the others who Harold Brown, the new Defense Secretary, are getting rich in this billion dollar scheme. says he hopes to reduce manpower costs as James Auchincloss retired which led peo And that message is that the American con an important way of cutting total Defense ple throughout the district to express sumers will no longer be raped on the load spending. But the Army, instead, is asking for their regret that he was leaving. With ing docks of America.. more; $60 million in emergency funds to step the death of this former representative, 2848 EXTENSIONS OF REMARKS January 31, 1977 New Jersey has lost a man whose in guidelines that these funds be used for belief that the Tulsa Civic Ballet makes numerable contributions to his district "construction and renovation of public a distinct contribution to our community will never be forgotten. facilities." However, it was learned that cultural life in providing the highest only $1 million of this amount would be quality ballet. used for the proposed municipal complex, I offer my heartiest congratulations to while the remaining $3.9 million would the Tulsa Civic Ballet and my best wishes PUBLIC EMPLOYMENT NOT go for street repairs. The indignation of for continued success. WORKING the Mississippi delegation in opposing the size of this grant crossed party lines al together. Senator EASTLAND issued a HON. JAMES M. COLLINS sharp statement to the EDA decrying this PROFILE OF AN ARMY OF TEXAS concentration of funds in one commu IN THE HOUSE OF REPRESENTATIVES nity as "counterproductive, unwise, and HON. WILLIAM A. STEIGER Monday, January 31, 1977 in clear violation of the spirit of the law prohibiting the overconcentration of OF WISCONSIN Mr. COLLINS of Texas. Mr. Speaker, resources in one area.'' IN THE HOUSE OF REPRESENTATIVES when the Federal Register came out in In contrast, Dallas applied for $4.5 mil Monday, January 31, 1977 late December with a list of "proposed lion to help its unemployed work force projects selected for funding" by the Mr. STEIGER. Mr. Speaker, George and was denied. Mayor Folsom of Dallas Will, in his January 30 column in the Economic Development Administration, has asked the city attorney to see if Dal under title I of the Public Works Em las can sue to freeze PWEA funds or dis Washington Post, offered an excellent ployment Act, an uproar was created on mantle the program altogether. He riposte to those who contend we need a the floor of Congress because of the un pointed to the tiny Texas town of Azle, return to the draft or establishment of fair and inequitable distribution of the in Tarrant County, which has only 7,000 compulsory national service. funds. The amount of money available residents and has received $1.2 million His column, "Profile of an Army," for the awards was close to $2 billion. in EDA funds. Dallas' 4.4 percent unem clearly showed that those who are critical The object of this legislation was to ployed, representing 40,000 people, are of the all-volunteer army have no sound pump dollars for worthy public works just as much out of work as the total arguments on which to base their projects into areas of high unemploy population of 7,000 in Azle. opposition. As he said: ment to create jobs immediately. The This Public Employment Act award of Actually, today's volunteers are remark total number of applications from com $2 billion has provided only 80,000 jobs, ably representative of the Nation in terms of munities across the Nation was 22,275. which is $25,000 a job. Private employ region, race and family income. Only 1,988 were awarded funds, using ment is able to create jobs with $30,000 Equally important, only a small sav all the funds available; 65 percent of the of private capital, and private jobs are ing would be realized if we returned to money went to rural areas and 35 per permanent jobs. Private employment is conscription and reduced pay for junior cent to urban areas. The formula for best. Under President Gerald Ford, our enlisted men to the Federal minimum distributing these funds, which has also country increased civilian employment wage. There is simply no justification for come under heavy fire, is based mainly from 79 million in 1970 to an all-time doing something like this. on unemployment percentages--so that record high of 88.5 million today. George Will's column bears careful Dallas, with almost 900,000 residents and Instead of being given incentives for attention. It follows: only 4.4 percent unemployment, is far remaining independent of the Federal PROFll.E OF AN ARMY down on the list when compared, for ex Government, Dallas is being penalized for (By George F. Will) ample, to a town of only 7,000 with 10 being economically self -sumcient. Dallas Frost and fire are not more different than percent unemployment. The money al citizens are supporting with their tax the persons--Sens. John Stennis of Missis located under this program was to be money those other areas within the sippi, Sam Nunn of Georgia, Edward Ken used as follows: 24.5 percent for public guidelines of eligibility. It is time for a nedy of Massachusetts, and Joseph Califano, buildings, 20.7 percent for water/sewer/ reappraisal of our national priorities in Secretary of Health, Education and Welfare drainage projects, 19.1 percent for general, and of the Public Works Em who have been most consistently critical of schools, and 9.1 percent for streets, ployment Act in particular. Let us give the all-volunteer armed forces. But they all roads, and bridges. tax incentives for business to create per are Democrats. manent jobs and end this bamboozle of Some critics dislike the all-volunteer idea; In addition to the indignation ex they regard compulsory national service a.s pressed in Congress over this inequitable public works programs. good for the soul of the citizenry. Most critics funding, the National League of Cities have predicted that volunteer forces would be has issued a strong statement of disap disapportionately poor, "excessively" black, of proval. Several major cities with high HONOR FOR TULSA CIVIC BALLET low quality and unreasonably expensive. unemployment figures were passed over, Actually, today's volunteers are remarkably while smaller ones were awarded grants. HON. JAMES R. JONES representative of the nation in terms of Take Mississippi. The whole State of region, race and family income. OF OKLAHOMA The 10 most populous states have 53 per Mississippi, which ranks 50th economi IN THE HOUSE OF REPRESENTATIVES cally in the Nation, received a total of cent of the nation's male youths and produce Monday, January 31, 1977 53 per cent of recruits; the 20 most populous $10 million from the EDA to be used states ha7e 75 per cent of male youth and statewide-but the tiny, all-black com Mr. JONES of Oklahoma. Mr. Speaker, produce 75 per cent of recruits. Contrary to munity of Mound Bayou, with a popula for the third year in a row, the Tulsa Califano's and others' emphatic predictions, tion of onl» 2,000, was allocated $4.9 mil Civic Ballet has achieved the distinction tbe all-volunteer forces are not "poor men's lion out of this $10 million, or almost of being selected as a major company by forces" : half of the funds intended for the entire the National Association for Regional 26.3 per cent of families and 26.9 per cent State. Over the past 15 or 20 years, of recruits are in the under $8,000 income Ballet. group. Mound Bayou, Miss., has received more I am indeed proud of this high honor, 29.3 per cent of families and 35.1 per cent Federal money per capita than any other which is one of the finest accolades a of recruits are in tbe $8,00Q-$13,999 income city in America. In the past 10 years company can receive. The designation group. alone, they have received $80 million. major company is bestowed on ballet 22.3 per cent of fam111es and 22 per cent of The way the Public Works Employment companies with the strongest artistic recruits are in the $14,000-$19,999 group. Act reads now, there is no limit to the standards which best serve their com 21.8 per cent of families and 16 per cent of amount of money a city or town can re munities and national organization. recruits are in the $20,000-plus group. In 1964, blacks were 10.6 per cent of armed quest, regardless of population, provided For years, my wife and I have en forces' recruits. In 1976, they were 16.9 per that their unemployment level is higher joyed the high-caliber performances of cent. The figures for the Army were 13.7 in than 6.5 percent of the national level. the ballet, and we take great pleasure in 1964 and 24.4 in 1976. Obviously a moderately Mound Bayou, Miss., gave as its rea knowing that our appreciation is shared larger percentage of blacks than of whltes son for applying for the EDA grant that by other members of the community as finds that the armed forces provides an at it wanted to build a "municipal complex." well as professionals in the field of bal tractive opportunity. So what? The govern This would bring it within the act's let. This particular award confirms our ment has no reason-and no right-to worry January 31, 1977 EXTENSIONS OF REMARKS 2849 about whether there are "too many" blacks to pay tribute to Ukrainian independ full-time workers suffered an occupationally in the armed forces. ence, and urge that all Americans join in related illness or injury, the rate had dropped The quality of today's recruits, as meas with over 2 million of their countrymen to about 9 injuries per 100 workers in the ured by education levels and scores on stand fourth year. Fully one million fewer workers ardized tests, is better than the quality of of Ukrainian descent to give moral sup suffered a job-related illness or injury in recruits in 1964, the last pre-Vietnam year. port for the freedom-loving Ukrainian 1975 than in 1974. At the same time, the In 1964, 68 per cent of volunteers were high people. There are over 48 million Ukrain number of workers who were killed on the school graduates; in 1976, 69 per cent were. ians under Soviet domination today, and job or who died as the result of a job-related In 1964, 42 per cent of volunteers had rest their spirit is just as strong now as it illness decreased from 5,900 in 1974 to 5,300 scores placing them in the top two of four was six decades ago. I am tremendously in 1975. mental categories; in the most recent quar proud of the work done by the Michi Does this mean that the money pou ring ter the figure was 44.1 per cent. gan Ukrainian community in keeping into the Occupational Safety and Health Ad True, personnel costs have risen from 47 ministration, under heavy criticism for sev per cent of defense outlays in fiscal 1964 to alive their countrymen's hopes to some eral years for a number of reasons including 58 per cent in fiscal 1977. But that is pri day have self-determination. its failure to produce noticeable results, is marily because military pay has been raised I support the Ukrainian people in their finally paying benefits? to comparability with private sector employ struggle for independence, and hope that Six years after the passage of the Occupa ment. But if the nation returned to conscrip with the increasing concern for human tional Safety and Health Act of 1970, ques tion, comparabllity would be a requirement rights, the long-sought-after dream of tions such as this are being asked and an of justice. Without conscription, compara Ukrainian independence will finally be swers are being demanded, aside from issues bility obviously is necessary as well as just. about the constitutionality of the law. Bills Few persons who criticize the all-volunteer realized. are regularly introduced in Congress to forces as "unreasonably expensive" favor re amend or repeal the Act. One of the basic turning to the scandalous pay rates of 1971. questions underlying much of the proposed Then many military families were on welfare. COST-BENEFIT ANALYSIS OF OSHA legislations is: Are the expenses incurred in And if, today, pay for junior enlisted men maintaining research and enforcement pro was reduced to the federal minimum wage, grams under the Act just.ified by the benefits the government would save just $1.7 blllion. HON. GEORGE HANSEN derived? A few easy, reasonable reforms (for exam OF IDAHO The purpose of this paper is to examine ple, seeking more women recruits and con benefits produced by efforts of the Occu verting 50,000 military positions to civilian IN THE HOUSE OF REPRESENTATIVES pational Safety and Health Administration positions) should compensate for any in Monday, January 31, 1977 (OSHA) in terms of lives saved and ill creased recruiting difficulties in years when nesses and injuries prevented, and then to unemployment is less than it is today, and Mr. HANSEN. Mr. Speaker, currently examine the costs of administering, enforc the number of persons between ages 17 and there is an issue which is being debated ing, and complying with the program. 22 is smaller. by the citizens of our Nation which could There have been no valid, reliable cost The most serious predicted skill shortage, have significant impact upon our lives. benefit studies conducted on the Occu of physicians, has not occurred. There are Quite simply, the question at issue is the pational 8a!ety and Health Act. Indeed, such shortages of some skills, and of reserves, but preservation of basic constitutional rights a study is extremely difficult to conduct. these are problems less substantial than the as opposed by the future of the Occupa The main reason for this is that many of political and social problems that would be the most important costs and benefits are part of any attempt to return to conscrip tional Safety and Health Administration. hard to define and even more difficult to tion. There have been claims of pending research. Nevertheless, cost-benefit studies Persons who favor military conscription, or catastrophic disaster for the working generally do not attempt to measure the other mandatory national service, usually do man should the Department of Labor be potential costs incurred or benefits lost so for reasons of political philosophy that are forced to comply with a U.S. district by not maintaining occupational safety and independent of the performance of the all court ruling in Idaho, a decision which health programs, which must also be con volunteer forces. Suffice it to note that uni now rests with the U.S. Supreme Court. sidered as part of the total cost-benefit versal military training would produce an picture. absurd surplus of trained manpower over However, Mr. Speaker, these forecasts Underlying the search for costs and bene projected military requirements. And a year of doom are totally unfounded. fits are several basic questions which must of mandatory national service for all you~hs Since the beginning of the 95th Con be answered to determine OSHA's cost would cost $50 billion annually, if only the gress I have found it necessary many effectiveness. These questions will be ex minimum wage were paid, and would involve times to speak out on this issue and I amined in this paper in the course of pre a revolution in national priorities, and have offered many sources of informa senting available statistics: values: The U.S. government has never as tion for the benefit of my colleagues. To (a) Are the standards most strictly en serted a right, unrelated to national security, day, I would like to offer further proof forced and most often cited proportionate to conscript citizens' lives. to and parallel with the major causes of My friend Richard Scammon, the elections that the American public has wasted fatalities, injuries, and occupational ill expert, says that nothing ails the Republican over $650 million and have been cheated nesses? Party that 12 per cent inflation won't cure. out of meaningful occupational safety (b) How accurate are the statistics de But Republicans also can benefit from Demo and health protection during these past picting numbel's of workers killed, injured, cratic criticism of the all-volunteer forces, 6 years. and made ill from occupational hazards? which are perhaps the finest achievements of Mr. Speaker, I call your attention as (c) Has the reduction in fatalities and the recent Republican years. Most such criti well as the attention of my colleagues to injuries been the direct or indirect result cism underscores two Democratic tenden of actions taken by the Occupational Safety cies-statism and casualness about coercion. a January 26, 1977, cost-benefit study and Health Administration, or has it been of the Occupational Safety and Health totally unrelated? Administration by the Congressional Re (d) What other reasons could be responsi search Service of the Library of Congress ble for the reduction in fatalities and in UKRAINIAN INDEPENDENCE written by Mary Jane Bolle, Analyst in juries besides occupational safety and health Labor and Economic Relations, Econom standards and inspections? ics Division. BENEFITS HON. PHILIP E. RUPPE The article follows: Background: Information gaps OF MICHIGAN BENEFITS AND COSTS OF THE OCCUPATIONAL In attempting to gather data to compile IN THE HOUSE OF REPRESENTATIVES SAFETY AND HEALTH ACT: A REVIEW OF THE an analysis of this type, numerous gaps in Monday, January 31, 1977 AVAILABLE EVIDENCE the availability of BLS, OSHA and National (By Mary Jane Bolle) Institute for Occupational Safety and Mr. RUPPE. Mr. Speaker, on January Health (NIOSH-the research branch of INTRODUCTION OSHA established by the Occupational 22d, the Ukrainian community in the In December, 1976, the Department of United States celebrated the 50th anni Safety and Health Act) support information Labor, Bureau of Labor Statistics (BLS) re "become readily apparent. These gaps in versary of Ukrainian independence. The leased its report on occupational injuries benefit information, aside from a number of Ukrainians of southeastern Michigan and illnesses for 1975. The report indicated other problems, make definitive determina held special ceremonies to commemorate that after the first three years of the Occupa tion of a cost-benefit ratio an elusive goal. the occasion, and Michigan's senior Sen tional Safety and Health Act's 1 history in First, the BLS does not compile statistics ator, ROBERT GRIFFIN, delivered the main which between 10 and 11 out of every 100 on death, illnesses, and injuries according speech. to cause. Because of this, although OSHA has I . would like to take this opportunity Footnotes at end of article. published a list of the 100 mos~ commonly 2850 EXTENSIONS OF REMARKS January 31, 1977 cited standards for 1975 !l which account for NSC are that there were 12,600 fatalities, a OSHA and. non-OSHA contributions to de 71 percent of all standards which it cited in 7 percent decrease from 1974. The BLS issues cline in injury, fatality, and. illness rates that year, it is impossible to determine no fatality rate. The NSC fatality rate indi There are several possible causes contribut whether the violations identified had any cates a. decrease from 16 to 15 deaths per ing to the decrease in fatality and injury relationship to the illnesses, injuries, or fa 100,000 workers in 1975 compared with 1974. rates between 1974 and 1975 in addition to talities occurring from exposure at the (b) Comparison of BLS and NSC Fatality OSHA efforts. workplace. Figures- Both the BLS and NSC indicate that part Second, statistics are not available on the The primary reason for the discrepancy of the decrease in the injury and fatality exact number of people who die each year between BLS and NSC figures in absolute rates between 1974 and 1975 can be attrib .from occupationally-contracted diseases, and numbers of fatalities relates to the different uted to a decrease in the general employ the discrepancy between the number of oc methods of defining the employment uni ment rate. Both organizations report that cupational diseases estimated and actually verse by the two organizations. NSC fatali the last people hired are generally the great reported is considerable. ties (and injuries) include accidents among est safety risks and, since they are less ex According to the Bureau of Labor Statis government workers (Federal, State, and local); BLS figures include only workers in perienced than workers with more seniority, tics, only 300 deaths were reported as at they frequently contribute to higher injury tributable to occupational disease in 1975. the private sector. BLS does not include in its employment universe, and therefore has and fatality rates. Similarly, the last hired Yet NIOSH estimates that at least 100,000 are frequently the first fired or laid off in people die each year from occupational no estimate on, fatalities and injuries for the self-employed, while the NSC does in times of employment cutbacks. Therefore, related 1llnesses. A 1967 study conducted by when the same group of people is removed the Surgeon General estimates that 390,000 clude this estimate in its figures. NSC fatalities are compiled from infor from the employment picture, the injury and new cases of occupational disease occur each fatality rat-es are expected to decline some year.a As another indication of the possible mation supplied by State vital statistics extent of occupational illnesses, national agencies which keep death records according what, as a result. surveys report that 365,000 people died from to age group, place o! death-i.e., work, home, The BLS also indicates that part of this cancer in 1975, and the greatest concentra etc. The NSC testified that over the years decrease in fatality and injury rates may be tions of deaths were surrounding heavily in this has been a. consistently calculated figure. attributed to the disproportionate drop in dustrialized areas. BLS fa.ta.llty figures are determined by re manufacturing and contract construction A major reason why statistics are not avail ports of businesses that fall under the juris employment from 1974 to 1975. Both of these able on the numbers of people dying from diction of OSHA and are required to rc;>art industries have relatively higher rates of various occupationally-induced diseases is fatalities to the Department of Labor. injuries and fatalities than the rest of the that considerable information is lacking on Industrial injuries private economy. the cause and effect relationship between At the same time, however, the broader, (a) BLS and NSC Figures- more subtle influence of the Occupational various workplace exposures and diseases Estimates by the Department of Labor !or that may have a number of causes. This is Safety and Health Act and other health and 1975 are that there were 4.8 million indus safety legislation, together with numerous called the "dose-response relationship" and trial injuries. The injury rate dropped 12 determinations of these functions are the environmental protection laws may be symp percent from 10.0 injuries per 100 workers toms of a growing national preoccupation responsibllity of NIOSH under the OSH Act. in 1974 to 8.8 in.1uries per 100 workers in Yet with a pool of 1,500 suspected cancer with personal survival. These Acts of Con 1975. gress taken as a. group may in turn inspire causing agents and 18,000 toxic substances, Estimates by the NSC, from a. poll of Na NIOSH has, as of December 31, 1976, pro an even greater degree of health and safety tional Safety Council members, are that caution and effort on the part of workers and duced major background papers containing there were 2.2 mUllan injuries in 1975 com varying amounts of dose-response informa employers in protecting themselves and their pared with 2.3 million injuries in 1974. This environment. tion on only 65 substances. Only three of poll translates into an increase from 10.2 these, for asbestos, vinyl chloride, and coke A recent Harris poll indicates that 73 per injuries per m1llion man hours in 1974 to cent of the general population consider it oven emissions, have been translated into 13.1 injuries per milllon man hours in 1975. actual OSHA standards. OSHA has com "very important" to strictly enforce safe and However, the National Safety Council is quick healthful working conditions.6 pleted full health standards on only 17 toxic to point out that its injury statistics, based substances, and has adopted exposure limits A study released by the BLS reports that on the aforementioned Z16 standard, are not 93 percent of major collective bargaining only for about 400 more. comparable from year to year because of A third problem in assessing the current agreements (those covering 1,000 or more changes in numbers of reporting firms and workers) in effect in mid-1974 contain safety effect of OSHA enforcement policies is that increased representation of service, trade, and health provisions.7 there is more than a year's lag between the and government reporting firms. The point time the accidents happen and the time the is made that increased representation of In addition, efforts by various research or statistics are compiled and made public by hazardous government services jobs includ ganizations and private individuals to ferret OSHA. In addition, there may be as much as ing policemen, firemen, and sanitation plant out, and efforts of the media. to publicize, a 20 to 30 years' lag between the time work workers would tend to skew the figure up such epidemics of occupational illness as ers are exposed to harmful substances and ward. There is no attempt by NSC at any those resulting from Kepone, Vinyl Chloride, the time their illnesses become evident. weighting to arrive at injury estimates which and Asbestos poisoning, have also contrib are totally comparable from year to year. uted their share to greater awareness and Available statistics on benefits concern on the part of individuals for the The Department of Labor, which cal (b) Comparison of BLS and NSC Injury Figures- healthiness of their workplace environments. culated some statistics on occupational in Finally, the law and all these factors may juries on the basis of the so-called "Z16 The discrepancy between BLS and NSC have awakened management to a. lot of prob standard"~ before the Occupational Safety figures in the basic numbers of workers re lems that in the past may have been over and Health Act was passed, now uses a dif ported injured results from different methods looked or ignored. ferent method for calculating its figures. For of defining the employment universe men this reason, the BLS figures collected before tioned earlier. It also results from the fact Long-range trends in fatality and. injury the Act was passed are not comparable with that NSC counts only injuries that are dis rates-NCS figures those developed since the legislation was en abling beyond the day of the accident, Statistics compiled by the NSC show death acted, to determine how the legislation has whereas BLS includes all accidents other rates among the Nation's workers dating affected injury statistics. than very minor ones that require only first back to 1933, and injury estimates going The National Safety Counctl (NSC) ;5 how aid treatment. back to 1926. ever, which worked closely with the Bureau BLS illness figures The industrial accident death rate, which as indicated before is considered by the NSC of Labor Statistics before OSHA was passed, The BLS emphasizes that the recording continues to calculate its statistics accord to be considerably more accurate than its in and reporting of illness continue to present jury rate statistics, has decreased more or ing to the Z16 standard. Therefore, to a. cer measurem-ent problems, and indicates that tain extent NSC figures before and after pas less steadily and progressively from a. high o! there were 700 reported deatbs from occupa 43 deaths per 100,000 workers in 1937, down sage of the Act may be examined to deter tional illnesses in 1974 and 300 cases in 1975. mine historical trends in injury and fatality to 17 fatalities per 100,000 workers in 1970 rates. These long-term trends are discussed Reports filed with BLS also indicate 163,300 through 1973 inclusive, and down further to recognized occupational illnesses estimated the previously-mentioned 16 fatalities in later in the paper, after short-term trends for 1975, compared with 200,400 for 1974, or a. are examined. In addition, NSC figures since 1974, and 15 fatalities per 100,000 workers in 1970 may be used as a comparison with BLS decrease in incidence rate from .4 in 1974, 1975. statistics since enactment. to .3 per 100 workers in 1975. Because these Statistics on the injury rate over time sug figures are estimated through a sampling gest that the frequency rates have decreased Industrial fatalities mechanism, BLS reports, there is little statis from a. high of nearly 32 injuries per million (a) BLS and NSC Figures- tical meaning to be derived from this dif man hours in 1926 to a low of 6 injuries per Estimates for 1975 by the BLS are that ference between the two years. This suggests million man hours in 1961 when the working there were 5,300 occupational fatalities-a that the science of identifying occupation population was about 60 percent of its cur 10 percent drop from 1974. Estimates by the ally-induced illnesses is still in its infancy. rent level, and have then gradually and The NSC makes no estimates on occupa slightly increased. At the same time, the.NSC Footnotes at end of article. tional illnesses. reports that the severity rates have steadily January 31, 1977 EXTENSIONS OF REMARKS 2851 decreased from a high on the NSC scale (no Industry costs cated earlier, the Department of Labor has units listed} of 2,500 in 1926 to a low of 611 The credit to the U.S. Treasury represents no statistical information to affirm or deny in 1971, and 614 in 1974. the penalty costs to businesses under the whether the 100 standards most strictly en NSC stresses, however, that one reason why Act. Other industry costs are legal costs con forced and most often cited are most directly tr.e injury frequency and severity rates have nected with protesting a citation or penalty, related to the major causes of fatalities, in gone up slightly since 1971 is probably be for which no reliable estimates appear avail juries, and illnesses. cause of the OSHA reporting requirements. able at the present time, and costs of tech Both the National Safety Council and the As a result, firms are keeping more complete nological changes made by businesses to bring Bureau of Labor Statistics figures have indi records of injuries. It should also be stressed them into compliance. cated a decrease in occupational injury and and reemphasized that NSC statistics are not Two industry sources offer estimates on fatality rates since the Occupational Safety fully representative of the body of firms in the amount of money business spends to and Health Act was passed. However, other cluded under the OSHA umbrella, as the comply with the OSH Act. The Fourth An causes besldes OSHA may have been partly businesses falling under OSHA jurisdiction nual McGraw-Hill Economics Department responsible for the decline which began his cover only 76 percent of all workers and are Survey of businesses to determine the amount torically long before the Act's passage, and not parallel in manufacturing/service/gov of money devoted to OSHA compliance, esti reached its lowest level so far in 1975. ernment industry makeup. mates that $3.2 billion was expended by busi These include the direct and indirect in A major reason for the long-term deCTeases ness on health and safety protection for em fiuence of the Occupational Safety and in fatality, injury, and severity rates ployees in 1976.8 This figure represents an in Health Administration as well as outside The main reason for the lonz-range de crease over the $2.5 billion estimated for 1973, economic !actors-especially the continued creases in fatality, injury and severity rates and a decrease from the $3.5 billion esti shift of workers from high safety risk manu relates to the changing mix of industries mated for the industry in 1972. There are no facturing to low safety risk service industries, comprising the U.S. economy. As automation indications on how much would have been and the continuing impact of modernization has swept through heavy industry over the spent on occupational safety and health pro and automation of the workplace. course of the century, the employment pop tection in the absence of the OSH Act. Health benefits so far from the Occupa ulation has swung from a concentration in To many, these dollar figures appear to be tional Safety and Health Act appear to be manufacturing where there are typically a substantial investment. However, the NSC's few. Scientists estimate that as much as 85 high injury frequencies a:1d severities to a estimate on the amount companies lost in percent of our Nation's high rate of cancer concentration in service industries, where in 1975 because of work accidents alone is may be environmentally induced. Develop juries are fewer and their severity is com nearly five times these yearly amounts, or ment of effective standards for health haz paratively light. Moreover, automation has $16.0 billion.D ards continues to lag behind that for safety reduced accidents and the severity of acci Another survey, conducted in 1974, sug hazards. Health regulations cannot be pro dents within heavy industry. gests the amount of money individual com mulgated and enforced until the necessary panies may have spent to comply with the research information is available. The De· COSTS OSH Act: A National Association of Manu partment of Labor has no statutory author Broadly defined, costs of the Occupational facturers (NAM) survey estimated expendi ity over the research that the National Insti Safety and Health Act fall into three main tures for businesses generally for safety and tute for Occupational Safety and Health categories: a) costs to the Federal and health compliance at $35,000 for firms of (NIOSH) conducts. Coordination between State governments to administer and en 1-100 employees, $73,500 for companies of the two agencies to develop dose-response force the Act; b) costs to businesses to bring 101-500 employees, and $350,000 for estab relationships on the 1,600 suspected cancer them into compliance with standards and lishments of 501-1,000 employees.1o causing agents and translate them quickly regulations; and c) costs to consumers for Because these figures were derived by sur into OSHA standards is not complete. purchasing products made under safer and veying business establishments which had The Department of Labor has, however, possibly more expensive conditions. not actually made the improvements yet, but undertaken a number of projects to speed Following is a brief overview of these vari for which employers were estimating what up the information-gathering and standards ous OSHA cost components. As with bene costs of compliance might be 1! they were to promulgation process. One of these under fits, there are a number of gaps in informa make them, the number might not represent taken in conjunction with NIOSH is the tion available from the Occupational Safety the actual costs of compliance. Another indi Standards Completion Project which aims to and Health Administration. cation of dollars spent by businesses on com write full standards for the 400 toxic sub Federal and State costs pliance might be gleaned from the dollar stances for which exposure limits alone Federal costs for administering and en value of loans granted to "small businesses" 10 (many now outdated) were incorporated forcing the Act for the 1977 fiscal year to accomplish technological changes required from the American Conference of Govern amount to $130.3 million appropriated for for compliance. In the first four years of the mental Industrial Hygienists (ACGIH) list the Occupational Safety and Health Admin program, between 1971 and 1975, 1312 loans ing soon after the Act was passed. These istration in the Department of Labor and totaling $28.8 million were granted. This limits have not been updated by OSHA one averages out to about $20,000 per loan. by one in accordance with new ACGIH levels $48.8 million appropriated to the National because of the lengthy promulgation proce Institute for Occupational Safety and Health. Costs to consumers dure mandated by the Act. the research branch of OSHA. Figures on the contribution to the Con It seems apparent that the real benefits of Following is a breakdown of the OSHA sumer Price Index resulting from business the Occupational Safety and Health Act must budget: expenditures for safety and health technol 1 come in the health area. Toxic substances, Actual Estimate2 ogy, legal fees, and penalties paid for viola rather than kllling and injuring people Standards ------ $8,210 $8,338 tions cited are difficult to estimate. singly as industrial accidents frequently do, Training ------4,210 18,897 However, indications are that the total have an almost universal harmful effect on State programs______32,696 35,605 percentage contribution to the CPI by OSHA the human organisms inhaling and absorbing Federal enforcement __ _ 59,752 57,616 costs is not particularly great in total na them into their sys~ms. Where the potential Statistics ------ 5,448 6,206 tional impact. The vinyl chloride standard for human harm is the greatest, the poten Executive direction and was one of the more expensive OSHA stand tial for health salvation, through promulga administration ------3,980 3,671 ards to implement. Before it was promul tion and enforcement of much-needed stand gated, industry witnesses testified that the ards is also at its maximum. Total budget _____ 114,980 130,333 entire vinyl chloride production industry FOOTNOTES 1 Plscal year 1976, 12 months. 1 p .L. 91-596. would close down because of unmanageable 2 2 Fiscal year 1977. costs of meeting a "zero parts per million" Reprinted in the Bureau of National Af fairs' Occupational Safety and Health Re Offsetting Federal costs wlll be a contribu exposure level for vinyl chloride workers. porter, vol. 5, no. 41, March 11, 1956, p. 1357. tion to the U.S. Treasury from penalties col A follow-up study estimates that the actual 8 The Job Safety and Health Act of 1970. lected for violations cited during Federal economic impact of the vinyl chloride stand Washington, D.C. Bureau of National Affairs, inspection of workplaces. Penalties assessed ard after implementation has been to raise 1971, p. 13. are expected to equal $11.5 million for the prices of items made from the vinyl chloride 'The Z16 standard was developed by the 1977 fiscal year. Penalties actually collected plastic approximately 6 percent. However, American National Standards Institute as a and remitted to the U.S. Treasury are ex the follow-up study has shown that machin method of recording basic facts relating to pected to equal about $7 million for FY '77. ery developed and utilized by industry to the nature and occurrence of work injuries. In addition to Federal funds appropriated meet the standard increases efficiency and 11 Chartered by an Act of Congress in 1953. for OSHA, the 23 States (plus the Virgin will ultimately cut rather than raise pro Source of NSC statistics: Accident Facts, Islands administering their own State OSHA duction costs.u 1976, Chicago, Illinois, National Safety Coun plans have budgeted a total of $32.1 mlllton cll, p. 23-29. for the 1977 fiscal year. States without OSHA SUMMARY AND CONCLUSIONS 8 44 Percent Think Quality of Life Has State plans have budgeted another $3.5 m11- It can be argued that the greatest benefits Worsened in Decade, the Washington Post, 11on !or onslte consultation. All these funds !rom the Occupational Safety and Health Monday, No. 8, 1976, p. A 8 are matched by Federal funds earmarked for Act, in relation to cost expenditures, come 1 New Publications. Dally Labor Report. State programs as indicated in the previous from enforcing standards which when vio The Bureau of National Affairs, Jan. 5, 1977, chart. lated cause the greatest injury. Yet, as indi- p.A-11. 2852 EXTENSIONS OF REMARKS January 3'1, 1977 s Occupational Health and Safety Letter. habilitation center. He said, "While we are cases being weakened by lengthy delays, Washington, D.C., Gershon W. Fishbein. Vol. extremely pleased with this splendid recog excessive plea bargaining, and suspects 6, no. 11, June 8, 1976, p. 6. nition, the challenge 1s clear: We must in back on the streets repeating the same o Accident Facts, 1976 Edition. Chicago, Na stitute the most effective possible research tional Safety Council, 1976, p. 5. to verify the value of our on-going programs. criminal actions and eluding the law. 10 "What It's Costing Industry to Comply This facUlty has now been accredited, but it Mr. Speaker, the legislation I have in with OSHA," Occupational Hazards, Fall 1s no guarantee that our work is productive troduced will mark two important steps 1974, pp. 8-9. beyond the treatment phase. We must now toward a solution of this complex and u "Small businesses" is defined by a num prove our worth these next three years ..." serious problem. I commend this legisla ber of parameters under the Small Business It is just that kind of outstanding attitude, tion to all of my colleagues of the 95th Act. that refusal to rest, that will, indeed, prove Congress and urge them to pass these 1.2 Vinyl Chloride Industrial Abstract o! the worth of the facility to the community Case Study. Center for Policy Alternatives, and to those it services. And, undoubtedly, if bills to make our country a safer and Massachusetts Institute of Technology, Bos that attitude can be maintained. Puleo will more just place in which to live. ton, 1976, xll pp. see his desire o! "ever more effective reha bilitation services" realized 1n future years. AMENDING THE HOUSING AND REHAB CENTER MERITS PRAISE COMMUNITY DEVELOPMENT ACT ANTICRIME LEGISLATION OF 1974 HON. ROBERT N. GIAIMO OF CONNECTICUT HON. WILLIAM LEHMAN HON. JOSEPH L. FISHER IN THE HOUSE OF REPRESENTAT! VES OF VmGINIA OF FLORIDA Monday, January 31, 1977 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Monday, January 31, 1977 Mr. GIAIMO. Mr. Speaker, throughout Monday, January 31, 1977 the Nation, hundreds of facilities are Mr. FISHER. Mr. Speaker, Arlington working to enable our handicapped citi Mr. LEHMAN. Mr. Speaker, on Janu County, Va., which is just across the zens to enjoy productive lives. I believe ary 4, I introduced two bills which, if Potomac River from Washington and is that the Easter Seal Goodwill Industries passed, will contribute greatly towards in the district I represent, would"be con Rehabilitation Center in New Haven, the improvement of our criminal justice sidered by most observers to be an urban Conn., is one of the best. system. county. It is an older suburb which ex Through the able leadership of its Ex The first bill, H.R. 484, would amend perienced its first spurt of suburban ecutive Director Carl V. Puleo, the cen title 18 of the United States Code and growth with the development of trolley ter has shown the people of the third dis title 23 of the District of Columbia Code lines extending out from Washington af trict that a physical handicap need not to grant courts the power to deny pre ter 1900. By the time of the rapid growth preclude a useful life. I am particularly trial release to persons charged with the of the World War IT period, Arlington proud of the center's projects with in commission of certain crimes of violence. was already well established. Within its dustry program which has helped place This would prevent a criminal from get 25 square miles live 157,000 people. This the center's clients in productive jobs in ting back out on the street to commit denseness of settlement is more like that various industries in and around New even more violent crimes before his trial of a city than the usual sterotype of a Haven. has commenced. We have seen too many sprawling suburban county. The Arling Recently, the Commission on Accredi incidents where the suspect is out of jail ton County manager form of government tation of Rehabilitation Facilities ap before his victim is out of the hospital. is very much like the charter of a city in proved the recommendation that the Granting this power to the courts is a Virginia. Yet, in spite of its urban char center be accredited for its programs of clearly justifiable and necessary step in acteristics, Arlington is not considered physical restoration, vocational develop view of past experience. an urban county under the Housing and ment, sheltered employment, speech The second bill, H.R. 470, would amend Community Development Act of 1974. pathology, and work activity. This is a title 18 of the United States Code so as Currently the Housing and Commu great honor for the center, but the ac to esOO.blish a U.S. Commission on Sen nity Development Act states that an ur creditation also imposes on the center a tencing. I am sure that most judges are ban county is any county within a stand great responsibility to continue to pro fair and honorable, but they nonetheless ard metropolitan statistical area which vide the high quality of rehabilitation will exhibit a wide range of opinion when has a population of 200,000 or more and services for which it was cited. sentencing a convicted party. Such dif which is authorized by State law to un I know that Carl Puleo, his staff, and ferences are not helpful to our system of dertake development activities in any of everybody associated with the Easter Seal criminal justice. The law must be con its unincorporated areas. The reason for Goodwill Industries Rehabilitation Cen sistent to be respected. Through the creating the category of urban county, ter of New Haven will continue to meet passing of this legislation, guidelines will according to the House Banking and the challenge of the future. be provided so that imprisonment, fines Housing Committee report on the orig At this time, I would like to insert an and probation will be in keeping with the inal legislation, was to recognize the role editorial from the New Haven Register nature of the crime and history and that suburban counties play in physical on the work of the center. character of the defendant. These guide and social development in metropolitan [From the New Haven (Conn.) Register, lines will be set down by the U.S. Com areas. It was also meant to identify coun Dec. 9, 1976] mission on Sentencing, which will bees ties with the willingness and power to REHAB CENTER MERITS PRAISE tablished as an independent Commission undertake community renewal and mod The Easter Seal Goodwill Industries Re in the judicial branch. It will consist of erate-income housing activities. habllitation Center of New Haven deserves five members who shall be appointed by Urban counties which meet this defini congratulations for becoming the first such the U.S. Judicial Conference. tion are eligible for automatic entitle !acUity in New England to be accredited in Surely, one of the most formidable ment grants to finance local housing and five different areas of service and more im challenges facing us today is the ever development programs. Other counties, portantly, for refusing to rest on its laurels, as evidenced by official statements following increasing crime rate. To effectively deal as well as communities which are not announcement of the action by the board of with this problem, it is not enough to defined as metropolitan cities of more trustees of the National Com.m1ssion on Ac assign more policemen to street duty or than 50,000, must apply to the Depart creditation Facilities. invest in sophisticated technology to ment of Housing and Urban Develop The local rehabllitation center has been track down criminals. All these measures ment to compete for a very limited accredited by the national commission in the are useless without substantial reform of amount of discretionary grant money. areas of physical restoration vocational de velopment, sheltered employment, speech the courts, which must decide the fates Many of these so-called nonentitlement pathology and work activity, a truly com of these criminals. It is a matter of com communities get little or no money under mendable accomplishment worthy of com mon knowledge that the revolving door this law. munity note. of criminal justice is not merely a cliche. Because Arlington's population is be But far more impressive 1s the attitude of The courts are simply not equipped to low 200,000, it does not meet the stand Carl V. Puleo, executive director of the re- handle the flow of cases. This results in ard for an urban county required by the January 31, 1977 EXTENSIONS OF REMARKS 2853 Housing and Community Development (3) Must the federal government raise the Su-Hwan Choe who is seeking adoption Act. The bill I am introducing today will taxes or borrow the funds or should state or by Colonel and Mrs. Thomas M. Jones local government do so? of Alexandria, Va. make it possible for a densely populated (4) Should the federal government direct county like Arlington to be designated and manage the activity or should it limit The Joneses first met Su-Hwan in an urban county. My bill will make either its role to the provision of financing? 1975 and since then have affectionately population of 200,000 or population den ( 5) How has the program performed in considered him as an integral part of sity of at least 5,000 people per square the past? Have the benefits outweighed the their family. They are vitally concerned mile the measure for determining en costs of dollars or other burdens imposed? about his immediate needs and well-be titlement, in addition to the other cri (6) Have the benefits gone to the in ing, having offered him financial assist tended beneficiary? ance and help in finding programs and teria already in the act. This seems to me (7) Does this activity conflict with or over to bring the effect of the law into accord lap another? employment to improve his career quali with the intent expressed in the com I would have emended Ford's first two fications. The Joneses would like to con mittee report. I do not believe that the questions in one respect: I would have tinue to assist him and include him in intent was to prevent a county such as changed "important" to read "necessary." their future plans in the United States Arlington from being considered an When it comes to spending money that is through the adoption process. Unfortu urban county. No county in the United taken from the people under the compul nately, his age of 29 prevents him from States other than Arlington has a popu sion of taxes, one elementary rule should qualifying as an adopted son under U.S. suffice. If a program is truly necessary, the lation under 200,000 and a density of at money must be spent; if the program is not immigration rules and adoption proce least 5,000 per square mile. My bill will necessary, the money should not be spent dures in the Republic of Korea. amend the Housing and Community De at all. Colonel Jones explored educational velopment Act to recognize the unique In his second question, Mr. Ford went to opportunities for Su-Hwan but was ad situation of Arlington County without the business of borrowing funds to pay for vised that admission requirements for all creating a new category of entitlement federal programs. Borrowing has become one universities within Korea are almost ex communities. of our government's most active functions clusively limited to those students re and one of the most alarming. Last year the government borrowed $83 billion from cently graduated from Korean high the public; this year it will borrow $62 bil schools; thus, the length of time since he SEVEN ESSE~ QUESTIONS lion; next year $55 billion. That is $200 bil completed high school eliminates any lion over a three-year period, diverted from chance for him to pursue an education HON. BARRY M. GOLDWATER, JR. capital needs of the private sector. and develop further skills. Even in terms of inflated dollars, and even It would appear that this young man OF CALIFORNIA in comparison to the Gross National Product, will continue to encounter administra IN THE HOUSE OF REPRESENTATIVES this is a monstrous indebtedness. Mr. Car tive and financial barriers to personal Monday, January 31, 1977 ter's programs will make it more monstrous still. advancement within his own country. Mr. GOLDWATER. Mr. Speaker, I Questions three and four go to the venera Therefore, I believe the plight which would like to bring to my colleague's at ble principle of federalism. The principle faces both Colonel and Mrs. Jones and tention an excellent article by James J. gets more anemic all the time. Mr. Ford's Su-Hwan is worthy of our consideration. Kilpatrick concerning the economic dis budget proposes state and local grants of We have an opport:mity to make it pos aster awaiting this country unless we, $71.6 billion. Such grants have this defect, sible for this young man to make a con that they give the state and local govern tribution to our country as well as to en in this body, begin to take stock of our ments the pleasure of spending the money spending habits. Furthermore, I believe without the pain of raising it. The process rich the lives of the Joneses who, having that if every Member of this House con undermines the very structure of local had no children of their own, are eager sistently asked himself or herself the responsib111ty. to welcome him as their son. questions listed in the article before in To his credit, Mr. Ford proposed to under troducing or voting on any scheme that mine the structure more efficiently. He would consolidate 19 categorical programs in costs money, this country would not be health, 23 in education and 15in child nutri FRAUD AND ABUSE IN MEDICAID in half the economic mess we are in now. tion into three block grants only. If Con AND MEDICARE Ladies and gentlemen, I beg of you to gress ignores the howls of the bureaucracy consider the economic consequences of at this affront to their paper magistracies, continuing as we have, because simply Mr. Ford's proposal should help. HON. NICK JOE RAHALL II stated, there is a limit to what the pri Questions five, six and seven are closely OF WEST VXRGINIA linked. Whether a program involves food vate sector can contribute to the public IN THE HOUSE OF REPRESENTATIVES sector and continue to exist. The article stamps, housing subsidies, child nutrition or medical care, Congress ought constantly to Monday, January 31, 1977 follows: be asking: Does the program work? Does it FoRD's SEVEN QUEsTioNs ABoUT FEDERAL work efficiently? In terms of the money Mr. RAHALL. Mr. Speaker, I join my SPENDING taken away from the people, are the people colleagues today in cosponsoring legisla (By James J. Kilpatrick) getting value received? tion designed to. address the problems of In one of his final acts as president, Mr. With the change of a word here and there, fraud and abuse in the medicaid and Ford last Monday sent to Congress his pro state and local governments should be asked medicare programs. posed budget for 1977-78. The figures, as the seven questions of their own programs. Medicaid and medicare are our pri always, were breathtaking; events wlll prove The states and localities also are deeply in debt; they too are plagued by bureaucracies mary public programs for financing them not breathtaking enough. But the fig health care services our elderly, our ures are less important than the questions embedded in concrete. to to Mr. Ford raised in his farewell message. Governmental spending, at all levels, now disabled, and to our poor and broken The principal figures have been well pub embraces 34 per cent of our Gross National families. These services help to pay for licized in the past few days, but the pub Product. The percentage rises inexorably, sorely needed medical care. But unfor licity is futile. No one can comprehend an suggesting two final questions to ponder: tunately during the past several years income of $393 blllion and an outgo of $440 Where is this trend taking us? And, do we these services have been abused and in billion. Few persons can comprehend even $1 truly want to go there? some cases outright fraud has occurred billion. When we ru-e told that the federal where medical providers have provided debt at the end of the 1978 fiscal year wUl amount to $785 billion, the information poor service or unnecessary service or no holds no meaning. Temporarily, skip the service at all and billed the programs for figures. LEGISLATION INTRODUCED FOR extensive amounts. We must see that In his message, Mr. Ford said that in THE RELIEF OF SU-HWAN CHOE these practices are not allowed to shaping his budget he had asked seven ques continue. tions of both existing and proposed federal Improving the administration and programs. In the field of public spending, HON. HERBERT E. HARRIS II management of our medical care pro seven better questions have seldom been OF VXRGINIA grams is an obligation we all share. Nec asked. These are the questions: IN THE HOUSE OF REPRESENTATIVES essarily, much of the burden of this task ( 1) Is this activity important to our na must fall on HEW and the State agencies tional security or sP-nse of social equity? Monday, January 31, 1977 (2) Is this activity sufficiently important that administer medicaid. But by tight~ to require that we tax our people or borrow Mr. HARRIS. Mr. Speaker, today, I ening up the legislation we can assist tunds to pay for it? am introducing a private relief bill for them in this task. 2854 EXTENSIONS OF REMARKS January 3·1, 1977 There are many complex problems of tial consumers. It would require individ end-uses: heating, lighting, cooking, cooling, ual State or regional regulatory authori and food refrigeration. In determining the fraud and abuse in our medical care pro minimum electric needs of residential con grams. They involve inadequate numbers ties to establish the quantity of kilowatt sumers the regulatory authority shall con of able personnel administering the pro hours which is the subsistence level for sider seasonal fluctuations In climate and gram at the State and Federal level; residential use in that State or region, consumption patterns. drastically inadequate data systems in making allowances for seasonal or cli ENFORCEMENT many State medicaid programs; slow matic variations. The subsistence level of SEc. 4. (a.) No electric utllity may sell elec payments to providers which allow fraud electricity is defined as the quantity tric energy except in accordance with a rate and abuse to flourish; unethical provid needed for cooking, refrigeration, heat schedule which has been fixed, approved, or ers; a reimbursement system which too ing, and cooling, and the rate charged allowed to go into effect by a. regulatory au often encourages overuse; and a lack of for that amount would be the lowest rate thority. No regulatory authority may fix, ap alternate high-quality facilities to serve per kilowatt-hour charged any class of prove, or allow to go into effect any rate the poor, parti'cularly in areas of our electric consumer. In addition, the life schedule which violates section 3. line rate could not exceed the average of (b) If any person alleges that a. regulatory major cities. This single bill will not solve authority's action, or failure to act, violates all the many problems in our medicaid residential rates in effect as of Decem subsection (a)- system-no one bill could. But this is a ber 31, 1975. (1) in the case of a regulatory authority necessary first step which will increase Since higher rates would be charged which is a. Federal regulatory authority (or the tools available to HEW and the for any residential consumption over the which is a State regulatory authority whose States to find and prosecute fraud and subsistence level, this measure would as action or failure to act is not reviewable by abuse. Unscrupulous providers will be put sure an essential supply at low cost and a State of competent jurisdiction), such per out of the programs. Hopefully,· it will discourage excessive consumption over son may obtain review of such action or fail that level. It would also remove large in ure to act, insofar as it relates to a violation serve as a first step in a strong and con of subsection (a.)- tinuing cooperative effort with the new dustrial users from their current favored (A) in any statutory review proceeding administration to improve our publicly position and encourage more careful which is otherwise applicable to such action financed medical care programs. consumption by industry. or failure to act, or Mr. Speaker, conservation must re (B) if there is no such statutory review place waste as the operative description proceeding applicable to such action or fail of this Nation's energy habits. An elec ure to act, by commencing a civil action in LIFELINE RATE ACT OF 1977 tric rate structure which encourages con the United States court of appeals for any servation is a vital part of any energy circuit In which the utility sells electric en conservation efforts, and, indeed, of any ergy, which court shall have jurisdiction to HON. WILLIAM LEHMAN national energy policy, and my bill would review such determination In accordance OF FLORIDA provide such a structure. In order to with chapter 7 of title 5, United States Code; IN THE HOUSE OF REPRESENTATIVES and (2) in the case of a regulatory authority maintain a civilized society, we must be which Is a State regulatory authority, such Monday, January 31, 1977 sure to provide adequate electricity for action, or failure to act, insofar as it relates American homes while protecting our to a. violation of subsection (a)- Mr. LEHMAN. Mr. Speaker, electrical limited fuel resources from waste and (A) may be reviewed by any State court energy is an indispensable necessity of misuse. of competent jurisdiction, and our modern way of life. It is a lifeline (B) if such action is reviewable by such a which sustains virtually every American The text of the Lifeline Rate Act of State court, may not be reviewed by any household. To assure an adequate supply 1977 follows: court of the United States, except by the of electricity for residential users, at a H.R. 469 United States Supreme Court on writ of reasonable cost, and to encourage energy A blll to reform residential electric utility certiorari In accordance with section 1257 of conservation by both residential and in rates title 28, United States Code. dustrial consumers, I introduced H.R. Be it enacted by the Senate and House EFFECTIVE DATE 469, the Lifeline Rate Act of 1977, on of Representatives of the United States of SEc. 5. The provisions of this Act shall the first day of the 95th Congress. America in Congress assembled, That this Act take effect ninety days after enactment and may be cited as the "Lifeline Rate Act of remain in force for a. period of not less than Since the acute stage of our ongoing 1977". five years thereafter. energy crisis three years ago, many PURPOSE Americans have quietly practiced energy SEc. 2. It is the purpose of this Act to conservation-sometimes out of neces reform electric utility rate charges to resi sity. Soaring electric bills have caused dential customers by providing for a more UKRAINIAN INDEPENDENCE many families to curtail their consump equitable distribution of electric ut11ity rate tion of electricity, but continuing escala charges among classes of electric energy users tion of electric rates is now forcing some by requiring electric utllitles to prescribe HON. JOHN D. DINGELL minimum rates and charges to residential OF MICHIGAN to cut back to subsistence levels or less, users of electric energy in order to meet and excessive rates are even forcing their basic necessities of modern life which IN THE HOUSE OF REPRESENTATIVES some families to make hard choices be w111 encourage the wise and prudent use and Monday, January 31, 1977 tween electricity and other essentials. conservation of scarce energy supplies. Large industrial users of electricity, LIFELINE RATES Mr. DINGELL, Mr. Speaker, the com by contrast, have long enjoyed signifi SEc. 3. (a) No rate schedule of an electric memoration of the anniversary of cantly lower rates per kilowatt-hour utllity shall provide for a rate under which Ukrainian Independence is a time for than residential consumers have paid. the charge per kilowatt-hour to a residential honoring the freedom-loving people of Indeed, the more they use, the lower electric consumer for a subsistence quantity the Ukraine and their continued aspira the unit costs become. This is hardly of electric energy in any month for such tions for self-determination. likely to encourage industrial conserva consumer's principal place of residence ex The inspiring proclamation of a free tion; in fact, it encourages wasteful con ceeds the lowest charge per kilowatt-hour to Ukraine on January 22, 1918, remains a any other electric consumer (within the ju beacon of hope and courage to the cap sumption and leads to ever greater drains risdiction of the regulatory authority which on our limited resources. has ratemaking authority with respect to tive peoples of Eastern Europe and the This major discrepancy in our electri such rate schedule) to whom electric energy world. Their desires for liberty and basic cal rate structure has actually promoted is sold by such utility (or any electric utlllty human rights which have been sup the increased and often wasteful use of which controls, is controlled by, or under pressed by military and political domi electricity by one class of user, while common control with, such utillty). Such nation are no less recognized now than forcing another class to struggle to pay rates shall not exceed the average residential in the past. A common heritage, re for limited but essential quantities of rates 1n effect as of December 31, 1975. ligion, and love of a homeland have power. This rate structure is backward, (b) For purposes of this section, the term maintained the bonds of national unity. "subsistence quantity" means a number of It is this bond, a bond between brothers in terms of both equity and national kilowatt-hours which the regulatory author energy policy. ity determines is necessary to supply the and sisters, a bond recognized between The Lifeline Rate Act of 1977 would minimum subsistence electric energy needs all free men, that brings us together in turn the rate structure around and ease of residential electric consumers at their commemorating this anniversary. the heavy burden on American residen- principal place of residence for the following I join with my many friends of January 31, 1977 EXTENSIONS OF REMARKS 2855 Ul:rainian descent to reassure the world $3.0 billion in FY 1976. The latter figure an unwarranted assumption is useless and that these shared beliefs in national, constitutes nearly 1 percent of total Federal even harinful. individual, cultural, and religious free outlays in FY 1976. In 1975 alone some 10,245 2. Water Quality Regulation doms are not forgotten. new regulations appeared, adding to the 60,000 pages of regulations already in exist The regulatory system to control water pol ence. lution is also unsatisfactory. We rejected the Of course, there are other factors that can initial a:pproach of establishing water qual DEREGULATION not be easily computed. For example, how ity standards, and now we have moved to the many hours do talented people spend wrest 1972 law which requires the Environmental ling with the mass of government forms? Protection Agency to set specific effluent HON. LEE H. HAMILTON With 5,146 different forms in use as of June limits on pollutants. No on~ stops to think OF INDIANA 30, 1974, experts estimate that as many as that there are 60,000 sources of water pollu IN THE HOUSE OF REPRESENTATIVES 130,000 man/hours per year may be required tion in the United States, 9,000 of them ma to fill them out! jor. The issuance of 45,000 individual plant Monday, January 31, 1977 permits notwithstanding, the EPA simply B. Complexity cannot do what it is chargea by law to do. Mr. HAMILTON. Mr. Speaker, I pre The distinguishing marks of today's regu In effect, we have established in the EPA a pared a statement for use at the Indiana latory activity are its staggering complexity central agency to determine a detailed Highway Contractor's annual convention and the elusiveness of its objectives. The Fed strategy for controlling every polluting source in San Francisco, Calif., on January 24, eral Government tries to regulate- in the country! It just is not going to work. 1977. That statement, entitled "Deregu 60,000 sources of water pollution; There is a much more promising way to lation," is inserted in the CONGRESSIONAL 100 million pollution-emitting vehicles on control water pollution. I shall discuss it in my the road; a moment. RECORD for the benefit of colleagues: Health and safety in all working places in DEREGULATION the country; and 3. Occupational Safety and Health I . THE IMPORTANCE OF THE TOPIC OF The structure of health care systems and Based on the history of the inspection of OVERREGULATION Federal manpower programs. places of work by the Occupational Safety A . A Crisis in confidence Even older programs, such as the Federal and Health Administration, even a large in dustrial plant is likely to be visited by an Any sensitive politician is aware that peo Highway Program, have become much more complicated. We no longer just build high OSHA inspector only once every 10 years. ple are wondering about the competence of OSHA is regulating the trivial in such ex government to deal with the problems that ways. Through a variety of means we now encourage comprehensive transportation and quisite detail that it cannot begin to do concern them most. Complaints about the many of the important tasks assigned to it. performance of government pour into every urban development plans to deal with prob lems of transportation and urban growth. Under the present regulatory system we public official's office, coming from persons develop increasingly detailed standards of as varied as the university president (who Worst of all, the regulatory process in all of its facets (promulgation, implementation, performance as we shift the enforcement cannot easily cope with the reams of new mechanism from the marketplace to the regulations in higher education) and the enforcement, etc.) has become highly legal istic. It is no exaggeration to say that law government office. More and :more economic food stamp recipient (who cannot quickly decisions are then made not only by bureau claim his stamps) . yers, many of whom are well intentioned, are smothering the regulatory process. A knowl crats, but also by judges. The courts are Most people simply are not satisfied with called upon to determine whether decisions the performance of government. They expect edgeable observer of this phenomenon has re marked that regulatory agencies and regu are compatible with the standards set forth their government to work better. The chal in legislation, and they are obliged to inter lenge of this expectation may be the most latE;d businesses "are entitled to their day in court, but not all day!" pret such arcane phrases as "economically fundamental problem before those of us in feasible." public office today. C. Debate about the regulatory system E. Reasons for overregulation B. Regulation One danger of any full-scale assault on the One of the reasons for this lack of confi deficiencies of regulatory agencies and proc We all agree that a principal defect of our dence in government is the poor performance esses is that we may fall into the trap of be present regulatory state of affairs is over of the new regulatory mechanisms estab lieving that all regulations are bad. This is regulation. There are several factors that certainly not the case. push us toward more regulation. Those fac lished in recent years in the areas of pollu tors are: tion control, industrial health and safety, We should first understand the scope of consumer product quality and safety, and the the debate. There is no talk of "deregulation" 1. Industries and Unions Want Regulation like. These new regulatory mechanisms have today if by that term one means the elim A major factor is the desire for regulation begun to generate a backlash of resentment ination of any regulation whatever. Rather, on the part of certain industries and the un against excessive red tape, bureaucratic con there is concern about the modernization and ions associated with them. For example, the trol and the loss of freedom. reform of the regulatory system. trucking and railroad industries and their Present government performance causes Most of us in Congress accept the fact unions support price-fixing regulations. But most Americans to see a danger in moving that the regulatory system is not working all too often this sort of regulation has more and more decisions to Washington. It well. But we do not believe that total dereg grown into a set of rigid rules prohibiting also causes widespread disenchantment with ulation will solve the problem. The engine competition between companies and closing the ability of government to intervene effec needs a major overhaul; the whole car need new companies out of the market. other t! vely on behalf of the people. not be junked. problems pile up. As concerns the trucking What concerns Americans, even when they D. Defects of the present system industry, circuitous routes, empty backhauls want their government to act, is the fact that The present regulatory scheme has failed and infiexible pricing systems have taken government action is frequently ineffective, to lead to substantive solutions to important their toll in efficiency. An equally wasteful wasteful and inefficient. system of regulation has grown up in the problems. Instead, it has led to further prob airline industry. So a principal way in which we restore lems of enforcement; unacceptably high confidence in government is to make govern costs of enforcement; too much rigidity to 2. Uncompetitive Industries ment work better. handle all the individual situations that a Another factor that gives rise to more II. THE PRESENT REGULATORY SYSTEM complex economy creates; and "time-lag" regulation is the less-than-competitive char A. Growth and delay in regulatory decision-making acter of some industries. If the private mar The growth of Federal regulatory activities processes. ket economy is working well, it is efficient. has, of course, been striking. Although there We are so enamored of the regulatory proc If there are high levels of production and may be no really good way to quantify this ess that we have ended up extending gov genuine competition, regulation is unneces growth, a few facts are su1Hc1ent to indicate ernment control far beyond what is neces sary. But if the private market economy is a trend. sary to achieve our objectives. lagging or not functioning at all, there may Even as late as the middle 1950's there were We have begun to transfer more and more be a need for regulation. We observe this only four main areas in which the Federal decisions about individual economic activi again and again in the area of public ut111- Government had major regulatory respon ties from the marketplace to the government ties. sibility. Those areas were anti-trust; finan office. But regulations, however detailed, can 3. Market Does Not Reflect the True cial institutions; transportation; and com not be written to cover all the individual Economic Picture munications. situations that arise. For example, consider:· Sometimes regulation is needed because But in 1976 there were 77 Federal agencies 1. Clean Air Regulation the market does not reflect economic reali engaged in regulating some aspect of private The present regulatory system for clean air ties. Pollution is the classic case. For hun activity. 50 of those agencies had been cre is rigid and uncompromising. We have pri dreds of years the environment was treated ated since 1960 and all but 10 since 1930. By mary standards, speclflc emissions limita as a free resource. We made maximum use one count there are 100,000 Federal employees tions, secondary standards, non-degradation, of the air and water as free "sinks" for our working as regulators of one sort or another. and all the rest. The law assumes that pollu waste products. We paid no attention to the The total budgets of regulatory agencies tion damage is nn up to a given standard impact of new technologies on our atmos have soared from $1.3 billion ln FY 1972 to and the infinite above that standard. Such phere, lakes and rivers. We designed auto- cxxm--180-Part s 2856 EXTENSIONS OF REMARKS January 31, 1977 mobile engines with speed, acceleration and Does the regulation affect adversely our lations issued by Federal agencies. For in low production costs in mind. We did not ability to compete in world markets? stance, proposed regulations could be dis worry about smog-creating emissions. We What human purpose does the regulation approved by a concurrent resolution of Con built steel and paper mills that used in fulfill? gress, and existing or proposed regulations credible amounts of water in order to Is the regulation just or unjust? could be directed for reconsideration by a economize on labor and other costs. We did Is the regulation effective or ineffective? resolution of either the House or the Senate. not concern ourselves with water quality. How can the regulation be eliminated Ideally, such Congressional review would 4. Complexity of Newly Regulated Areas when it has outlived its usefulness? place limits on the discretionary power of And since the consumer is a central figure Federal agencies without involving Congress The most important cause of the growing in regulatory planning, we should ask: too deeply in the technicalities of admin burden of government intervention in the How does the regulation benefit the con istrative rulemaklng. marketplace is the sheer complexity of the sumer? 3. Other Proposals new areas targeted for regulation. Undertak Far fewer mistakes will be made if the time ing the building of a $10 blllion interstate is taken to ask these questions. Another way to sharpen Congressional highway system was no small decision. But oversight would be the imposition of a rigid when compared to the intervention by gov C. Open regulatory process timetable on Congress and the President to ernment in such fields as health care and We have to open up the regulatory agen consider and act on reforming Federal regu pollution control how easy it was to execute! cies to allow the free flow of information. To latory activities. For example, over a four F. Alternative approach put it more picturesquely, we need to let the year period the President would .send to Con sun shine in on regulatory agency processes. gress major regulatory reform proposals cov Many of us have come to the conclusion If a bureaucrat's power is secure, then he or ering specific sectors of industry. These Pres that we just cannot go on imposing regula she will not be responsive. But when the idential proposals would then be reviewed by tions over an ever-widening region of eco power is insecure, when it can be challenged, Congress. If Congress did not act on them nomic and social activity. the bureaucrat becomes responsive. Such a by November of each year, the proposals There is no simple answer to a complicated challenge can be made only if the public's would become the pending business in each problem, and a complicated problem is what business is done in public. There must be House of Congress. we are facing when we attempt to regulate more participation in the decision-making A variation on this theme would require the pollution of the environment, the deliv processes of regulatory agencies by those citi that the Presidential proposals go into effect ery of health care, the safety and health of zens on whom the weight of regulation falls. the following year unless Congress disap workers, etc. proved them. When the government tries to deal with D. Congressional oversight situations that are complex, situations in Every committee of Congress must vigor E. Decrease personnel turnover volving mlllions of interactions among ously exercise its oversight responsib111ties. The rapid turnover of regulatory person people, businesses and subdivisions of gov reviewing periodically the regulations set out nel is a serious problem. Commissioners and ernment, it may very well be asked how the by each agency. Further efforts should be highly talented professional staff, frustrated government can best achieve its ends. made to pass legislation that facilitates over by various forms of institutional inefficiency Relying on a regulatory bureaucracy to sight. On this point more needs to be said. and delay, are quick to seek other places to carry out social policy on such a scale sim 1. Sunset Legislation work, quite often in the very industries ply will not work. There are too many actors, For some tlm.e I have been casting about which they have regulated. The less talented too much technical knowledge, and too many for the best legislative means to meet the regulators, sensing that they have carved dlflerent circumstances to cope with, no mat challenge of increasing the efficiency of gov out a secure "niche" for theinSelves, remain ter how well staffed the bureaucracy is. ernment. It would help, of course, to reduce behind. The exodus of the more skilled and We in Congress are going to have to begin the size of the bureaucracy, to consolidate the long tenure of the less skilled leads to- to look into alternative approaches that wlll some programs and agencies and to abolish More inefficiency and ineffectiveness; employ the self-interest of individuals and others. The accomplishment of this task Stalemate; business · firms. Only through these ap would require tough Congressional oversight. Loss of morale; proaches can we move toward desirable social But how is this increased scrutiny of the An inabllity to handle long cases; goals. bureaucracy to be achieved? How can the Uninformed deliberations; and Disrespect for public service. m. WHAT CAN WE DO TO IMPROVE REGULATION? programs and agencies be looked at compre The life of the dedicated regulator is not A. Extreme proposals hensively and systematically? How can the elephant be caged? all that good, and his or her pay is fre Before discussing these new strategies to Mechanisms are needed to force Congress quently not commensurate with ab111ty. Ways curb regulation, let me mention two things and the President to assess the usefulness of must be found to rectify these imbalances. that we should not consider 1f we want to existing programs and agencies, and to reor Personnel turnover must be reduced. improve the regulatory process. The extreme ganize or abolish those that are not working F. Economic impact study postures are: well. The present oversight procedure in It is clearly necessary that economic im 1. No Intervention Congress, that of authorizing and appropri pact studies of every regulation be made. Some people believe that the problems ating, has simply failed to yield results. A recent bill, S. 2028, sponsored by Senators caused by government intervention are so The proposal which best meets the require Kennedy and Hart, would propose that regu great that government intervention can ment of forced review by Congress and the latory agencies seriously consider the cu.Lu never be justified. These people w111 say that President is the so-called "sunset" proposal. petitive impact of their actions and would the cure is worse than the disease, and that Under this approach each program and require that they prepare competitive im regulation can never be made efficient. agency would face an automatic termination pact statements. The contents of this blll date, the "sunset", according to a fixed merit close attention. 2. More Intervention schedule unless Congress and the President other people argue that there is really specifically approved its continued operation. G. Common sense nothing wrong with government interven As the termination date approached, a man We need to have a large dose of common tion. They think we need better laws, better datory Congressional review of the program sense in the implementation and enforce politicians, less special interests, more capa or agency would begin. If Congress voted ment of regulations. When one applies the ble administrators and more money for un against renewal, the program or agency same rules and regulations to a small nurs derfunded regulatory programs. would be dissolved. ing home in Southern Indiana that one ap In my estimation neither of these pro The advantage of the "sunset" proposal is plies to a large nursing home in New York posals gets to the heart of the matter. All that it establishes a framework for the pe City, grave problems may arise. of us agree that we are going about the busi riodic, systematic examination of all Federal Furthermore, common sense tells us that ness of intervening in the market in a bad programs and agencies and makes the sup we need to deemphasize the regulation of way. As concerns occasions for intervention, porters of any particular program or agency mundane, unimportant matters. For exam we do not do a good job of sorting out the justify continued public investment in it. ple, OSHA could be relieved of the task of frivolous from the imperative. Furthermore, Overlapping programs would be untangled, trying to prevent industrial accidents and we waste fantastic sums of money doing agencies would be rejuvenated, and public left free to concentrate on the more press what we do. expenditure that no longer served a useful ing problem of health hazards. Most of B. The right questions purpose would be eliminated. The "sunset" OSHA's resources should be used in health proposal would do away with the natural related areas. This business of taking 21 If we ever are to solve the regulatory prob pages to set forth regulations pertaining lems we have created, we must first le~n to bureaucratic inertia that permits programs ask the right questions in evaluating a reg and agencies to exist slm.ply because they to ladders is absurd! It is not working now ulation. For example, we should ask: exist. and it will never work. No one should ex pect lt to work I Can the free market regulate itself in this 2. Congressional Veto instance? Another way to improve Congressional H. Balanced view of regulation Are there ways to stlm.ulate market solu oversight is to use the Congressional veto. Since some Federal agencies do not over tions that might be less expensive and less This prerogative of Congress alms to check regulate, a balanced view of regulation must burdensome than the regulation? the tremendous growth of discretionary be adopted. In my estimation the Food and Does the regulation make for the least pos power withln the Federal bureaucracy. It Drug Administration is often too timid tn sible Imposition on human freedom? would give Congress the ablllty to oversee exercising its vital function. Everyone will Does the beneflt of the regulation exceed administrative rulemaklng by creating pro agree that the quality and purity of our the cost? cedures for Congressional review of all regu- foods and drugs must be maintained by January 31, 1977 EXTENSIONS OF REMARKS 2857 strict regulation. Regulation in this area cial security to the attention of my col checks to prices, Congress decided to push and many others is not necessarily bad. leagues: up the system's whole benefit schedUle. This Obviously we should dl1ferentiate between [From the Wall Street Journal] gave proper protection to workers who al the intent of regulation and its effect. Some ready had retired, but it was considerably of us may be willing to accept more regula SPEAKING OF BUSINESS more generous to persons stm working. tion in the field of health, but even this (By Lindley H. Clark, Jr.) That's true because benefits are geared to should be put to the tests I have suggested. SOCIAL SECURITY? average monthly earnings. Earnings tend to Keeping in mind the distinction between rise faster than prices, so persons stm at health and safety regulations and economic Nearly everyone is involved with the Social work automatically get some protection ones, the government should stay out of the Security system in one way or another, and against inflation. When they retire they get economic arena as much as possible, as long yet hardly anyone really understands it. The stm more protection, since the benefit pay as there is a competitive market structure. system has been sold to the public as a pen ments will reflect higher prices too. I. Economic Incentives sion or insurance plan, which it clearly isn't. The Social Security Administration peer Benefits have grown so fast and expanded in ing 75 years ahead, figures that wages will The most important step to improve the so many directions that the tax is now the regulatory process is the use of economic largest that many Americans pay. rise a.t an average annual rate of 5.75 per incentives. What we must do is make the cent while prices will rise at a 4 percent rate. High infiation has confused matters, lead If the double dip is not eliminated the aver market work for us by giving the private ing Congress to take overly generous meas sector incentives to act for social ends. Be age individual beneficiary of OASDI wlll be ures to protect beneficiaries. Benefits are now receiving a monthly benefit check for $34,000. cause the efficiency and resilience of the so generous that many economists fear a dis market is grossly underrated, advances can Even 1! the double dip is eliminated, the ruption of the savings needed for future eco monthly benefit will be huge--in current be made with very few government strictures. noxnic growth. The system is in such poor Specifically, we need to think in terms of dollars. . financial shape that it is often labeled bank Mr. Van Gorkom seems confident that strategies such as national effiuent and rupt"-!! it is, what happens to future emission charges, that is, charges levied on double dipping will be eliminated, but Prof. benefits? Campbell is not so certain. The change each unit of polluting substance discharged That's only a sampling of the issues and won't be simple, and Congress may be hard 1nto the air and water. By this means a questions raised by the current condition of to convince of its urgency. cleaner environment could be much more Social Security. In an effort to provide some Congress is never happy about raising easily achieved. The reduction of pollution answers the American Enterprise Institute Social Security taxes or reducing benefits- would be a "paying proposition." If the levy for Public Policy Research has launched a even future, unintended, unfair benefits. Yet were high enough, pollution could be dras broad study, under the direction of Colin the system is due to exhaust its contingency tically curtailed and businesses would switch Campbell, a Dartmouth economist and long fund-early in the 1980s, so Congress wm to less polluting manners of production. The time student of the system. have to come up with more money. If it market would be working for us, not against The first product of the study is "Social doesn't it faces the prospect of reducing us as it does today. Security-the Long-Term Deficit," by J. W. some current and fully intended benefits. I recognize that in some instances the out Van Gorkom. Mr. Van Gorkom is president For the next 25 years the gap between right prohibition of an action by regulation of Trans Union Corp., a company with world Social Security income and outgo can be is the least costly and most satisfactory solu wide interests in water and rail transporta closed by a relatively modest rise in the tax tion. Such is the case where, for example, the tion. He also happens to be both a lawyer and rate (if double dipping is eliminated) and discharge of a tiny quantity of some chemi a certifled public accountant, qualifications that's the route Mr. Van Gorkom favors. cal may have terrible consequences. But that presumably make it easier for him to In recent years Congress has talked of generally speaking I would argue for the use explain what Congress has wrought. dumping general tax revenues into the sys of economic incentives to inform decisions Mr. Van Gorkom can't cover everything in tem. But this approach, Mr. Van Gorkom in both the public and private sectors. These a 24-page booklet, so he elects to exclude warns, risks weakening public support for incentives would include (but would not be Medicare, the health program for the elderly the system. While workers are aware that limited to): that was tacked onto the system in the 1960s. the program has its welfare aspects, by and Efiiuent charges for pollution control; What's left is Old Age and Survivors and Dis large they stm believe that their benefits Incentive contracts in manpower training abllity Insurance, or OASDI for short. (and their parents• and grandparents• bene programs; The author is quick to dispose of the gov fits) bear some relationship to the taxes they Efficiency-oriented medical reimbursement ernment rhetoric about "insurance" and pay. And survival of the system does depend and insurance plans; "pensions." OASDI is not an insurance or on the government's ab111ty to levy and col· Mandatory :flood insurance with premiums pension program, and there is no conceiv lect taxes. adjusted to :flood risk; able way in which it could be made one. Pri Milton Friedman, the University of Chi Incentives for decision-makers in the de vate insurance has to be funded: A large cago economist, long has been convinced fense industry to avoid the "gold plating" fund must be built up to cover future bene that Social Security has gone so far down of weapons; fits. OASDI can't be fully funded, and Mr. the welfare road, in an inefficient way, that Grant-in-aid programs to States and Van Gorkom explains why: it should be phased out over many years, municipalities with incentives and governors "To be fully funded, the OASDI system meeting all of its existing obligations. It and mayors to bargain with the Federal would need a fund today of between $2.7 would then be replaced by an efficient wel government; and trillion and $4.1 trillion, depending on what fare system-6lld private savings. That's not Congestion charges at airports and quays. assumptions are made with regard to interest likely to happen, but Mr. Van Gorkom's Economic incentives may result in an in rates and other factors. In what would we analysis at least warns against piling new direct, roundabout and less certain way of invest a fund of such colossal size? It would burdens-national health insurance?--on a accomplishing the tasks of intervention, but far exceed the value of all the outstanding program that's already in such preca.rious 1t is surely preferable to what we are doing bonds issued by the federal government, and shape. at present. I know that economic incentives if the Social Security Administration owned cannot fulfill desirable social goals immedi them all, in what would the insurance com ately or simply. Continuous adjustments of panies and banks invest, since they are re incentives will be necessary so thwt the in quired to keep certain percentages of their AMNESTY-NOT SOMETHING FOR centives themselves do not become unduly assets in federal bonds? If such an enormous NOTHINO burdensome. But we cannot merely hang on amount were invested in stocks, the Social to the notion that regulation is the right Security system would own all of the com answer. So far we have not even considered panies on the New York Stock Exchange and HON. ANDREW JACOBS, JR. economic incentives. thereby change our entire economic system." OF INDIANA It is high time that we give them our No, what we have here 1s a governmental IN THE HOUSE OF REPRESENTATIVES attention. income-transfer system, primar1ly transfer ring money from one generation to another. Monday, January 31, 1977 The amount of money taken from one gen eration is measured by the other generation's Mr. JACOBS. Mr. Speaker, Army Col. AMERICAN ENTERPRISE INS II I O'l'E benefit requirements. The ab111ty of the gov William E. Weber was severely wounded LAUNCHES SOCIAL SECURITY ernment to pay benefits depends not on an in action against the enemy during the STUDY acturial fund but on the government's Korean war. ab111ty to collect taxes. If anybody is entitled to a say on the Viewed in this simple way the system is subject of amnesty, he is. HON. WILLIAM R. COTTER not bankrupt but it is in trouble. It is pay· Here is what he says: 1s ing out more money than it taking in_ AMNESTY-NOT SOMETHING FOR NOTHING 01!' CONNECTICUT e.nd it can't go on doing that indefinitely. IN THE HOUSE OF REPRESENTATIVES Before long the system 1s going to have to (By Col. W1111a.m E. Weber) Monday, January 31, 1977 get more revenue from somewhere. In the weeks since the election, the nation Th1s wm be true even 1t Congress ellm has heard rhetoric and supposition concern Mr. CO'ITER. Mr. Speaker, I would inates the double protection against tn ing the question of amnesty or "pardon" as 11ke to bring the following article on so- ftatlon. Instead of gearlng monthly bene1lt some choose to define the act. The name is 2858 EXTENSIONS OF REMARKS January 3'1, 1977 not as important as the act: the act of less means that we must seek a way of accom in local communities, e.g., Selective Service importance than what we as a nation want plishing that which divergent viewpoints de local boards, be temporarily re-established to accomplish. To date, we have had con sire. In short, provide a form of relief with~ for a period not less than 180 days. During siderable dialogue and, unfortunately, not out the agony of retroactive accusation-re that timeframe, ex-service personnel from enough dialectic. lief that satisfies the needs of the few witb. the RVN era, who were separated with less The dilemma and the dialogue orient on out inhibiting the rights of the many. than honorable discharges, may apply for the proposition that somehow, and in some President-elect Carter is being pressured consideration by their fellow citizens for manner, the nation has been unfair to large to bear the burden of what in some respects award of the Department of Labor Rehabili numbers of its youth who served in the is a social tragedy and it 1s not fair that the tation Certificate. If the local board and the military forces. Some postulate that this un nation expect that he alone resolve this is community deem award of the Department fairness manifests in the nation's treatment sue. True, he is the newly elected leader. But o! Labor Rehab1llta.tion Certificate is ap of those whose service was somewhat lacking we placed him in this position of leadership propriate, such recommendation would be during the Vietnam confiict and who were to guide us and execute our will and not to made to the Department of Labor, which in discharged with less than an honorable dis absolve us of our responsibilities. The prob turn would issue the Certificate. The recip charge. lem of the "social agony" residue of Vietnam ient would simultaneously qualify for two The problem is emotional and one for must not be resolved in a manner which will forms of benefit to be administered by the which there has evolved no middle ground jeopardize the future. This President-elect Veterans Administration: F.irst, remedial on which the divergent philosophies can meet Carter cannot do, we as individuals must not medical care to restore the medical status to compromise. A vocal minority is in con ask him to so do, and as a nation we dare that existed at time of entry into the service, :fllct with an increasingly less vocal and not not do. if such is possible; and, secondly, up to 18 so silent majority. The conflict centers about There is a tragedy in the "residue of Viet months of educational assistance or voca an unimpressive numerical minority of the nam" but it is more one of omission thall tional training under the GI Blll, similar to total number of young Americans who were commission. As a nation we are being accused an honorably discharged veteran. This 18 called upon to serve the country during Viet of victimizing a portion of our youth as a month period would enable those who desire nam-add bad discharges and it is still less result of Vietnam. It is being suggested that and have the ability to complete a course of tnan 3 out of every 100 who served. Include we do so since we did not understand Viet instruction at an associate-degree-granting general discharges under honorable condi nam or our rightful role in that conflict. institution such as a community college or tions and the number is only 8 out of To suggest that the citizenry of our nation at any vocational training institute which is every 100. is incapable of evaluating the form and sub otherwise qualified by the Veterans Adminis While the ratio is small, the absolute num stance of our role in Vietnam is to suggest tration. bers constitute a significant portion of our that as a nation we are also incapable of No other VA benefits, veterans rights or youth, and it is plain that something need be choosing for ourselves those who will lead state benefits would accrue to these individ done to assist their return to the main stream us. This is clearly not so. It is also clear that uals unless they otherwise qualify for such. of our social fabric and help make of them we will not all agree on all things, but our Congress must ensure an enforcing clause contributors to society. This is not to sug history, culture, and political ethic demands that provides those qualifying the same level gest that some are not now contributing, for that what the majority of us choose has the of competition for available jobs and union in truth large numbers have been reassimi authenticity of social acceptance and must be membership as is currently being granted to lated and many do not wish to again be called supported by our law, custom, and citizenry. honorably discharged veterans, providing to the attention of their neighbors by any Those who disagree must seek a forum which that an honorably discharged veteran would program which may resurface their problems is within the law, not without, to express not be prejudiced thereby. during Vietnam. However, there are those their disagreement, for as a society we can In substance then, the recommendation who, for a variety of reasons, not the least of neither tolerate nor survive resistance out for relief involves legislation which would which is the stigmatizing effect of a bad dis side the law. accomplish the following: charge, deserve to be given another look and I share with those who wish to place the (a) Provide veterans benefits in the form another chance. We need a form of "Monday trauma of Vietnam behind us that something o! educational assistance and medioal treat morning quarterbacking" to see if and how must be done to enable those who have be ment for inservlce incurred problems for all we erred. come socially isolated because of Vietnam individuals discharged under other than hon The problem is the manner by which we an opportunity to reenter to mainstream of orable conditions, who are successful in ac will give this second chance. One thing that our society. I do not share with them the quiring the Department of Labor Rehabilita is demonstrably evident: we cannot change supposition that amnesty or pardon is the tion Certificate. history nor can we validly establish what the panacea of the problem faced by this group, (b) That the Department of Labor Re true motivations may have been for acts of but I am willing to accept that a portion of habilitation Certificate be restricted to is indiscipline in the past. It is perhaps better their problem certainly concerns this area. suance only to those members who have that we not become involved in trying to In any event, the problem must soon be set clearly restored themselves to the good graces accomplish this. We should seek neither re aside. The continuing resurfacing of Vietnam of their community and society except that venge nor recompense for the past but orient can only serve to perpetuate the agonies of the one requirement for gainful employment on how to take advantage of the present in that timeframe. Even more critically, the be measured with compMsionate understand order to benefit in the future. victims of Vietnam are not those who would ing for the difficulty in gaining such em An aggressive and vocal element suggest not obey the will of the majority, the true ployment during the last 5-7 years. "blanketing" those discharged with those victim is instead that we have allowed our (c) That the enacting legislation also pro who may be pardoned by the President-elect, social fabric to become weakened by a philo vide that it is a violation of law to deny em e.g., draft evaders and/ or deserters. We can sophical dialogue which suggests that an act ployment or union membership to a recipient not afford to lump these diverse categories that was demonstrably wrong can be given of the Department of Labor Rehab1lltation together since the problem is not similar nor an aura of rightness by edict. This cannot bel Certificate who otherwise is quallfl.ed for To solve the problem of the great mass such employment or union membership. can the solution be similar. To do so would who may not deserve good discharges be be a grave error since more is at stake than (d) That a period of eltgibllity !or rellef emotion. Involved is an area of 200 years of cause of the nature of offenses committed under this legislation be established whdch social development and disciplining of a so and their refusal to conform to military corresponds to the beginning and terminat standards requires other means. ing dates previously established as they per ciety and we must not lightly deal with this A solution exists and the procedures and area lest the future of our societal needs be tain to the Vietnamese conflict. the experience to form the infrastructure (e) That no change be made 1n the present adversely effected. Further, and this point necessary to implement, if Congress is willing cannot be overemphasized, as a society we concept of admln1stratl.ve discharges. to provide funds and authority to support For those individuals whose discharges must be able to rely with confidence on our the one-time action required. I speak of the right to call our people to arms and that may be erroneous, appeal to the Discharge Department of Labor Rehabilitation Certif Review Boards or the Boards for the Cor they will respond to this call with responsi icate. Congress established this certificate in bility. rection of M111tary Records to have their the hopes of providing veterans who received cases analyzed and reviewed remains the only An automatic act of upgrading bad dis other than honorable discharges a means to charges or forgiving them on some supposed appropriate procedure. This does not deny re-establish themselves in the eyes of their them the option of attempting to qualify basis of wrong in the past must first clearly fellow citizens and qualify for job competi establish that a wrong existed that needs to tiveness. Unfortunately, in an era of high for a Department of Labor Rehabilitation be righted. To date, no such wrong has sur Certificate. unemployment and post-conflict cultural The author believes that the foregoing 1s faced and it is still much too early in terms aftershock, the Department of Labor Reha of history for an objective view of the right bilitation Certlfl.cate has not been univer an acceptable solution to the problem that ness or wrongness of our role in Vietnam. sally accepted. Furthermore, there does not 1s a residue of the agony of Vietnam. we Secondly, an automatic act to forgive 1s salvage for our society and military a. system exist in the law the strength to make the which has evolved over 200 years of our his pardoning the few with the suggestion that Department of Labor Rehabilitation Certif the many are condemned, and that can only tory and whdch has met our needs whlle solicit divisiveness as opposed to solving dis icate work in the fields of labor, manage binding up the wounds perceived as self ment, or society. infllcted. sension. That we have a dilemma does not The author proposes that the procedures mean we cannot solve our problem. It only As a. nation, we have used the military of the Selective Service System, as it existed discharge system as a means of evaluating January 31, 1977 EXTE_NSIONS OF REMARKS 2859 our human resources. This was a logical step cartwheels over the Carter economic stimulus GUAMANIANS SEEK PRESIDENTIAL during over three decades of registration and package. But neither did they criticize it as VOTE draft, but it was lilloglcal to ignore the so excessive or impotent. cial responsibillty to rehabilltate those whose The two-year, $30-billion program has been failure was absence of abillty or motivation. called "middle of the road," "something for In short, the failure, if any, of the less than everybody" and "electric." HON. ANTONIO BORJA WON PAT honorable discharge lles less wdth the mili What it is is superb Carter consensus OF GUAM tary than it does With society's perception politics. IN THE HOUSE OF REPRESENTATIVES of what that discharge means. Business was demanding tax incentives There is too much of the past tied up With for expansion, the powerful AFL-Congres Monday, January 31, 1977 the present of this problem and too much sional Black Caucus alllance was insisting Mr. WON PAT. Mr. Speaker, I am to probabllity for continuing confllct 11! we re on something approxlm.ating the Hum day proposing legislation which will main rigid 1n our thinking. We can all agree phrey-Hawkins full employment blll (H.R. that the goal we seek is simple. We wish to 50), middle-class families wanted tax relief amend the U.S. Constitution so as to right the wrongs of the past and 1n the and lower-income families just hoped for provide for a direct popular election of spirit of American fair play, give those who higher income tax deductions. our Nation's Chief Executive and to ex deserve it a second chance to correct their In a truly masterful mixture, Carter divied tend the right to vote in Presidential wrong of the past. Both of these can be ac up the stimulus pie to give enough to each elections to the more than 3,400,000 complished. All that is needed is the wlll political interest group to impress them with American citizens who live in Guam, the ingness to make it work! his good intentions and chart the direction Virgin Islands, Puerto Rico, American he intends to take. I don't believe that a government which Samoa, and the Trust Territory of the presides over a gross national product of Pacific. I believe that the time for Congress to KEY TO ECONOMIC RECOVERY IS $1%-trillion has a moral right to legislative ster111ty when 8 million people cannot find consider such legislation has come. So do JOBS work to feed their famllles. many of our colleagues in both sides of The Carter plan tries to meet that obliga the Congress, and I believe, a majority of tion. Yet, many economists believe the pack American citizens. HON. AUGUSTUS F. HAWKINS age is too small to make an impact on the The questions raised by this measure is OF CALIFORNIA economy. One of these is the Inquirer's lucid Pultizer-prize Winning economist, Joe Liv of great concern to the well-being of our IN THE HOUSE OF REPRESENTATIVES ingston. Nation. It is clear that the present sys Monday, January 31, 1977 "The $15 blllion a year represents only 1 tem of choosing electors to the electoral percent of the gross national product," Liv college is antiquated and no longer ad Mr. HAWKINS. Mr. Speaker, Presi ingston told me. dresses the needs of 20th century dent Carter's $40 billion economic stimu Citing a University of Michigan study that America. Nor can we continue to justify lus program falls short of what I feel is indicated if the economy were left alone, the failure of the Congress to deny needed to heal the country's grave un Livingston said that the Carter stimulus only American citizens who reside in several employment situation, because of its increases the growth to 4.3 percent. territories of the United States their in misdirected emphasis in favor of tax re "He could have done nothing," said Living ston. "But the package was political and he herent right to fully participate in the lief and because of its programmatic was trying to satisfy everybody. The econom selection of our highest elected official, lack of direct job creation. But while I ic impact will be very small." simply because of their place of resi disagree with the size and direction of That is probably true. dence. the Carter package, I support it never Yet, I believe that the politics of ex It is this latter question which I will theless, since it does constitute an eco pectations must be made compatible with the mainly address on behalf of my con nomic stimulus minimally consistent economics of reality. This, Carter has done. stituents in Guam. As you know, Guam with the Full Employment and and Bal For example, the $5- $8-blllion jobs pro has been a part of the United States since anced Growth Act of 1977-H.R. 50; S. gram with $32 blllion earmarked for public service works programs Will result in the em 1898. Guamanians have enjoyed Ameri 50. Chuck Stone, columnist for the Phil ployment of 800,000 people. That's only a 10 can citizenship since 1950. We have adelphia Daily News provides a unique percent reduction of the 8 mllllon unem fought in every war since 1898 on behalf commentary on Carter's economic stim ployed. of this country and have even endured a ulus approach and its impact in relation But a significant number of people will be horrible period in which we were en to the unemployment problem. able to "feel" their government working to slaved by enemy forces during World I wish to personally commend Mr. improve their lives. And that's the essence War n, largely because of our ties with Stone for his useful comments and sub of political reciprocity after we have voted, being able to "feel" our government's con this great country. mit his column as follows: cern. Furthermore, the 100,000 American (From the Phlladelphia Da~y News, Jan. 12, Without alluding to the name or the con citizens on Guam are subject to U.S. legal 197'1] cept, Carter actually embraced some of the authority and fully recognize the Pres CARTER'S JOB PROGRAM MoRE IMPORTANT THAN first-year goals of the Humphrey-Hawkins ident as our Chief Executive and Com His ATTORNEY GENERAL'S RACISM bill. mander in Chief. Last year, the Federal (By Chuck Stone) The bill sought an eventual unemployment Government spent $354 million in Guam If we can momentarily mothball our obses goal of 3 percent in four years. Carter had for a variety of Federal programs and sions with the cosmetics of the Carter style indicated that at most we could anticipate a for the maintenance of the Naval and and carefully check out the substance of his 5.5-6 percent unemployment goal in four Air Force facilities on the island. Guam economic proposals, we might be surprised by years. their eminently good sense. Rep. Augustus F. Hawkins (D., Callf.), is an integral part of this country's de Many of us have microscopically examined co-sponsor of H.R. 50 yesterday issued a joint fenses and it is hoped by those who live Carter's cabinet appointments and rendered statement with Rep. John Conyers Jr. (D., there, equally appreciated for its part judgments even before they were sworn ln. Mich.) that Carter's economic job proposals in America's development. We are proud The presence or absence of black faces at were "minimally consistent" With H.R. 50. to consider ourselves a permanent part of the Carter church Sunday has consumed The Congressional Black Caucus and the this country. some members of the press as 1f it were the AFL-CIO had wanted a $30 billion first year I am confident that the American citi basis of a new foreign policy. jobs program. Carter came up with $8 bU Whether or not this country's economy llon. zens of other U.S. territories have sim picks up, unemployment is reduced and in "It's too llttle and too late," declared an ilarly strong feelings for this nation. flation is curbed wlll in no way be influenced understandably perturbed National Urban Yet, they and their counterparts on by the number of integrated prayers at the League executive director Vernon Jordan Guam remain disenfranchised from Plains Baptist Church, the d11Ierence be who agreed With Livingston, but for differ Presidential elections purely because of tween one colored face or two colored faces ent reasons. a failure to reside in the various States in the Cabinet or the historical racism of Indeed, it is too Uttle. But it's a break as is presently required in the Constitu Carter's attorney general, Griffin Bell. with the past eight years of Presidential tion. The key factor in producing more jobs is inaction on jobs. Presidential leadership. For the first time 1n If Carter can put people back to work with In light of our contributions to this eight years, it seems to have arrived. A full a staunch commitment to equal employment, society, is it logical to continue this dis 12 days before Mr. Carter has been sworn Into his appointment of one of the most racist at criminatory policy against our fellow omce, he has offered the nation a program to torneys general 1n recent history won't be Americans? Are not the territories a.s combat joblessness. forgiven. It wlll just make it easier to llve much a part of modem-day America as Most economists didn't exactly execute With that turkey. is Hawaii, Alaska, or New York? Must 2860 EXTENSIONS OF REMARKS January 31, 1977 another 77 years of American rule in now 47 cents over the top of the price ing with general elections and two deal Guam pass before our people can expect range established by the International ing with primaries. to be included in the full range of politi Tin Agreement and has risen 95 cents Wednesday, the Committee on House cal activity that is enjoyed here in the since the agreement was signed. Administration appointed seven ad hoc States? Tin is a primary product, and as its panels to deal with the aforementioned Let us hope not. In recent years, the price .fluctuates, this .fluctuation creates contested elections. Each panel is com Congress has in its wisdom responded to risk and increases the cost of tin products prised of three members of the commit the call from various minority groups to U.S. consumers. This in turn affects tee and are as follows: in the mainland to guarantee their right the price of food, beverages, and all prod 1. Contest: H11l v. Clay: to vote. I now call on the Congress to ucts packaged in tin coated containers. Chairman: Hon. Lionel Van Deerlln; mem support my request to respond to the Thus, the speculators are the benefici bers: Hon. John H. Dent, Hon. Bill Frenzel. 2. Contest: Moreau v. Tonry: call of territorial Americans for politi aries and U.S. consumers pay the bill Chairman: Hon. Mendel J. Davis; mem cal equity by supporting the legislation through in.flation and increased prices. bers: Hon. Joseph M. Gaydos, Hon. Robert E. I have introduced today. The United States is 100 percent de Badham. Because of present efforts by Senator pendent upon imports for tin, and only 3. Contest: Saunders v. Kelly: BIRCH BAYH, Democrat of Indiana, to by taking action to release tin from our Chairman: Hon. Joseph G. Minish; mem provide for direct popular vote for the strategic stockpile can an amount of tin bers: Hon. Robert H. Mollohan, Hon. Samuel President and Vice President, my appeal necessary to counter these efforts be at L. Devine. on behalf of the people of the territories hand. The United States has a tin stock 4. Contest: Pierce v. Pursell: is very timely. The legislation I have pile of 203,172long tons. Of that amount, Chairman: Hon. John L. Burton; members: introduced today addresses the issue of 32,499 long tons are necessary to fulfill Hon. Frank Annunzlo, Hon. James c. Cleve direct popular presidential election and the stockpile goals, a 3-year emergency land. 5. Contest: Paul v. Gammage: the matter of territorial Americans vot supply pursuant to the Strategic and Chairman: Hon. Joseph S. Ammerman; ing in such elections. Since both mat Critical Material Stock Piling Act. Thus, members: Hon. Lucien N. Nedzi, Hon. Charles ters require an amendment to the Con there are 170,673 long tons of tin which E. Wiggins. stitution, coupling the two issues ap potentially could be made available. 6. Contest: Young v. M1kva: pears to be a decision which would save I am introducing legislation today Chairman: Hon. Leon E. Panetta; mem time and accomplish two highly com which authorizes the release of 30,000 bers: Hon. Augustus F. Hawkins, Hon. Dave mendable goals. Stockman. tons of tin from this stockpile for sale 7. Contest: Dehr v. Leggett: On February 2, I shall be addressing to domestic consumers. Chairman: Hon. Edward W. Pattison; the Senate Subcommittee on Constitu The method the GSA uses to dispose of members: Hon. Ed Jones, Hon. J. Herbert tional Amendments, which Senator BAYH stockpiled items does not act to control Burke. chairs, asking that they consider ex or lower prices but would act to stabilize tending the Presidential vote to the ter I have directed the chairman of each prices as the price would continue to be election panel and staff to proceed with ritories along with legislation provid set at or near market levels. During other ing for a popular presidential vote to the resolution of these contested election periods of significant price increases- matters forthwith, consonant with due replace the electoral college. 1964-65, 1973-74-disposals from the Their support would be a welcome process, and to exercise the House's full U.S. strategic stockpile played an im constitutional authority to "be the Judge addition to that which has already been portant role in keeping the price from offered to legislation identical to mine of the Elections, Returns and Qualifica moving to even higher levels. tions of its Members. • • *" by Representatives MCCLORY, ADDABBO, An authorization is needed for the dis BEARD, BLANCHARD, CEDERBERG, HEFTEL, posal of stockpiled tin which will act as KETCHUM, MITCHELL, LLOYD, MOTTL, a lever to stabilize tin prices and coun NEDZI, PEASE, PURSELL, UDALL, YATRON, ter the efforts of speculators who con PENSION FOR WORLD WAR I and Delegate DE LUGO, of the Virgin tinue to drive the price abnormally up VETERANS PROPOSED Islands, Resident Commissioner CoRRADA from present levels. of Puerto Rico. I urge all of my colleagues here in HON. HENRY B. GONZALEZ the House to give us their support in STATUS OF THE 1978 CONGRES· OF TEXAS this vital matter. Thank you. SIONAL ELECTIONS IN THE HOUSE OF REPRESENTATIVES Monday, January 31, 1977 HON. FRANK THOMPSON, JR. DISPOSAL OF STOCKPn.ED TIN Mr. GONZALEZ. Mr. Speaker, I am OF NEW JERSEY again cosponsoring legislation in this IN THE HOUSE OF REPRESENTATIVES Congress to provide a service-based HON. ROBERT H. MOLLOHAN Monday, January 31, 1977 pension to World War I veterans. I have pushed for such legislation in several OF WEST VIRGINIA Mr. THOMPSON. Mr. Speaker, I feel IN THE HOUSE OF REPRESENTATIVES Congresses and the last attempt was with that it would again be appropriate, at the late Wright Patman who was always Monday, January 31, 1977 this time, to advise the Members of the a champion of the people. Mr. MOLLOHAN. Mr. Speaker, the House of the status of the election con It will be almost 60 years since we price of tin has risen from $2.87 per test arising out of the 1976 congressional were engaged in World War I, and many pound in January 1976 to $4.45 per elections. of those who fought in this war are no pound in January 1977. That amounts Article 1, section 5, of the U.S. Consti longer with us, but thanks to the miracles to a 55-percent increase in the price tution provides that: of science there are a number of vet of tin over a 1-year period. Each house shall be the Judge of the erans, around 834,000, who are still alive In September of 1976, the United Elections, Returns and Qualifications of its today with an average age of 80, and States joined the International Tin own members .... these men, Mr. Speaker, are being ig Agreement. This agreement between Under this constitutional authority nored and neglected by our Government. producing and consuming nations is the House has over the years resolved There is no doubt that many of the supposed to stabilize tin prices around election contests dealing with congres elderly in our Nation are suffering finan the world. This is done by the establish· sional primary elections as well as gen cially because of the inflation that has ment of a buffer stock which is to be eral election co:ntests. In fact, in 1969, hit our economy, but the World War I sold on the open market when tin prices the House enacted a Contested Elections veteran is particularly hard hit because .approach or exceed established price Act (2 U.S.C., section 381, et seq.). Under of his age and because when he retired levels. The buffer stock is not adequate the Rules of the House of Representa over 20 years ago his pension looked good .and was sold out several weeks ago. At tives, these contested election matters but due to our economic conditions the .this point, the tin speculators took over are within the jurisdiction of the Com actual dollar worth of this pension today and the price of tin has risen dramat mittee on House Administration. is unbelievably small. ically even though this is a period ot There are currently pending before The United States is a generous coun low demand. Based on current quota the Committee on House Administra try. We as a people, both collectively and tions from Penang, the price of tin is tion, seven election contests, :five deal- individually, are willing to contribute 1o January 31, 1977 EXTENSIONS OF REMARKS 2861 nations around the world in need, but to the White House, so ah could be close to social security earnings limitations to many times we forget those right in our the people. $4,800. own backyard who are in need. That is Q--Turning to another matter, Mr. Presi dent, how soon do you expect to resolve the With the cost of food, clothing, and the case of the veterans from World Panama Canal matter? shelter continuing to rise, older Ameri War I. A-Ah would also like to announce that cans living on social security are finding We have provided very little for these ah am still walkin' to mah office in the White it more and more difficult to meet even veterans. For the most part, $607.50 is the House every day. Ah inten' to make that a their simplest needs. Many individuals total benefit which these individuals have majah pollcy of mah adminlstrashun. who have worked all their lives to achieve received from the Federal Government. Q-But, Mr. President, don't you already a modest level of comfort suddenly find They were not eligible for education live in the White House? themselves plunged into poverty upon benefits, nor home loan programs, and A-No, mah wife an' ah have decided that, retirement. A couple who has spent their there were no veterans' hospitals in their to be closah to the 'Merican people who are goin' to make me a great President, we adult years feeding and caring for a fam day nor any Government program to should move into a moblle home ah'm havin' ily now find themselves forced to rely help them find employment after they set up on the South Lawn. Ah'm goin' to walk on food stamps. returned from the war. Surely we should to work from there every mornin,' carryin' Yet our social security system penaljzes be willing to do something to help these mah garment bag. older Americans for supplementing their elderly veterans live out their golden Q--Mr. President, concerning the latest fig meager income by taking a job. While years with the pride and respect they ures on inflation released by the Labor De those retirees who enjoy the benefits of deserve. After all they helped us pre partment, do you ... income from stocks, bonds, or annuities serve our way of life. A-Ah have ordered mah sta1f to carry garment bags as well. That's goin' to be a may continue to collect social security The proposal I am cosponsoring calls majah policy of mah close-to-the-people ad without a reduction in benefits, individ for providing World War I veterans a ministration. An' mah wife 1s goin' to keep uals who must work to supplement their service-based pension of $150 per month, on carryin' her own grocery bag, just like income are subject to a $3,000 earnings regardless of income. In a small way this she did in that wonderful photograph that limitation. will compensate these veterans who have got such terrific play. The legislation which I am proposing never received the wide range of benefits Q--On the subject of nuclear arms policy, would increase the present earnings lim that have been available to veterans of Mr. President, the National Security CouncU itation $4,800. This modest increase reports that ... to would permit social security recipients to other wars. I do not believe that the A-An mah wife 1s go1n' to keep on go1n' price tag is too large to pay a belated around in her stockin' feet, just like she provide for a portion of their own needs thanks to those in their eighties who did in that other wonderful photograph that without suffering a large reduction in came to the aid of our Nation in time also got such terrific play. That'll bring her benefits. To continue to place a severe of need. Now it is our generation's turn closah to the people, an' to the rug. limitation on earned income is to deny to help those who put their lives on the Q--Please, Mr. President, Intelligence re hard-working Americans the right to line 60 years ago. ports indicate that the Warsaw Pact nations both self-sufficiency and self-respect. have achieved a conventional mllitary ... A-Ah would also point out that mah daughter is goin' to continue to go to public TERROR-ARGENTINA STYLE A PEOPLE'S PRESIDENT FROM THE school. Anytime you ladies an' gentlemen of the press want to tag along, like you did this OLD SOUTH LAWN week, feel free. It'll help her keep close to HON. ROBERT F. DRINAN the 'Merican people. An' make me great. OF MASSACHUSETTS Q--Mr. President, the prime interest rate HON. EDWARD J. DERWINSKI is ... IN THE HOUSE OF REPRESENTATIVES OF ILLINOIS A-An' ah inten' to continue to wear blue Monday, January 31, 1977 jeans aroun' the house. Especially in the IN THE HOUSE OF REPRESENTATIVES White House. When Queen Elizabeth, Em Mr. DRINAN. Mr. Speaker, in Novem Monday, January 31, 1977 peror Hirohito, an' all them come heah on ber 1976, I spent 10 days in Argentina as state visits, they'll just have to get used to part of a delegation organized by Am Mr. DERWINSKI. Mr. Speaker, the dealin' with a plain representative of the nesty International to investigate and Chicago Tribune, which at one time 'Merlcan people. We have put the imperial report on the human rights situation in claimed to be the world's greatest news presidency behind us. that nation. This comprehensive report paper, has modestly dropped that title. Q--Aren't you even going to wear a busi ness suit? will be completed in the very near fu However, the Tribune certainly con ture, and I will share its findings with tinues to retain its outstanding journal A-Ah will confine the practice of wearin' business suits, very plain business suits, to my colleagues at that time. istic reputation. mah next inaugural, when ah inten' to once During my stay in Argentina and One example of this journalistic again walk from the Capitol to the White thereafter, I have been made aware of leadership is the tongue in cheek review House, possibly carryin' a small black child widespread, systematic government re of a Washington press conference as in mah arms. pression and violence. All civil liberties seen by Michael Kilian, one of Chicago Q--Mr. President, concerning the energy shortage ... have been suspended, arrest without Tribune's in-house columnists. The arti charge or trial is officially sanctioned, cle, which appeared in the ·January 27 A-Ah will also continue the practice of constantly holdin' hands with mah wife. In and torture is commonplace. Right wing edition of the Tribune, follows: fact, we're holdin' hands right now, through "death squads" operate with impunity A PEOPLE'S PRESIDENT FROM THE OLD SOUTH this hole here I had cut in the wall. An' and apparent government complicity. LAWN she's in her stockin' feet. The military junta which rules Argentina (By Michael Kilian) Q--Mr. President, it's been said that has refused even to publish a list of the WASHINGTON .-The following transcript you're all symbolism with no substance. political prisoners which it has under de What ... may or may not have been found crumpled tention. up among some empty Coke bottles in Jody A-You're one of the people ah don't want Pending the comprehensive Amnesty Powell's wastebasket: to get close to. Next question. Q--Well, tell us, Mr. President. How close International report, I would like to Q--Mr. President, can you tell us how your share with my colleagues an article on administration plans to deal with the trade to the people will you get? deficit? A-As close as that terr,ific ploy can get us. terror in Argentina which has just been A-Ah inten to do what's best for the published in the Winter, 1977 edition of 'Merican people. In everythin'. As a matter Matchbox, Amnesty International's a fact, as part of our "new spirit" an' "new INCREASE IN THE EARNINGS quarterly magazine on human rights beginnin'," ah'm announcin' today that we LIMITATION TO $4,800 throughout the world. "Terror-Argen are eliminatin' the use of limousines fo tina Style" is a cogent summary of the White House staff. Everyone's goin' to walk ... military government's systematic viola ~No, Mr. Plresldent, I'm not talking HON. MARTHA KEYS tion of the basic human rights of Argen- about a deficit involving limousine sales; OF KANSAS I mean the overall trade deficit. tine citizens. In the coming months, the A-They're all goin' to walk. This admin IN THE HOUSE OF REPRESENTATIVES Congress will decide on the continuation istrashun's goin' to stay close to the people, Monday, January 31, 1977 of U.S. military assistance to the Argen- so ah'll have a chance to be a great President. tine Government. The International Se They're gain' to walk just like ah did on Mrs. KEYS. Mr. Speaker, I am today curity Assistance Act of 1976 mandates inauguration, all the way from the Capitol introducing legislation to increase the careful consideration by the Congress 2862 EXTENSIONS OF REMARKS January 31, 1977 of the human rights record of all govern wing guerrilla organizations which are had himself created the assassination squads ments which receive military assistance blamed by the government with threatening and that they had apparently been financed from the United States. the social fabric of the country. After the and their actions coordinated from the Min I commend to my colleagues the fol March 24, 1975 coup against Isabel Peron, istry of Social Welfare. General Jorge Videla pledged to contain the As bad as the situation was under Isabel lowing summary of terror in Argentina: violence and to safeguard human rights. In Peron and in spite of the statements xnade TERROR-ARGENTINA STYLE a speech of March 21 broadcast on national after the coup by the new Argentinian au The door bursts open in the middle of the television and radio General Videla gave this thorities that international law would be re night. Heavily armed men ransack the assurance: "For us, respect for human rights spected, the violence perpetuated against house-photographs, books, papers-torn, is based not on legal mandates or interna refugee communities has escalated murder burned, or confiscated to be used as evidence tional declarations, but is a result of our pro ously since the March 1976 coup. Just as oc in trials that never take place. If there is found Christian convictions on the pre curred in Chile after the September 1973 resistance, beating takes place on the spot. eminent dignity of xnan as a fundamental coup, the refugee sector of the population In front of wives and children, including value." Yet, there is no doubt that the para became increasingly subject to persecution, wives and children. So begins terror military ultrarightist security forces respon torture and assassination, because, in the Argentina style. sible for the brutal murders of Michelini, eyes of the security forces, exiles were seen This chilling scene, directed and starring Rulz, the five priests, the murder of 46 peo as potential subversive elements. the rightist forces of the dreaded Triple A ple in two separate mass executions, operate the Argentine Anti-Communist Alliance-is with the connivance and collaboration of the RAIDS repeated again and again with no govern regular police, armed forces, and intelligence In the days immediately following the ment or police interference in the suburbs source. Witnesses to murders and abductions coup, as if to demonstrate the intention of of Buenos Aires. Victims have included have frequently mentioned the proximity the security forces under the new govern former Uruguayan Senator Zelxnar Michelini, of police cars and impunity with which the ment, terrifying and brutal raids were car former President of the Chamber of Repre masked cars gather their startled prey. ried out on refugee centers throughout Ar sentatives in Uruguay Hector Gutierrez Ruiz, REFUGEES IN DANGER gentina. Michelini's daughter and son-in-law, noted In Buenos Aires, one of the raids was on Argentinian novelist and journalist Haroldo Until very recently, Argentina had been a the Hotel Corrientes run by CAREF, a church Conti, and hundreds of ordinary Argentinian country open to receiving the oppressed from organization to help refugees. Pastor Armin citizens or Latin American refugees. neighboring countries. After the military Inle, the head of CAREF, was detained for Violence is engulfing Argentina. So far coup in Chile and the military pusch in 24 hours. Refugees staying in the hotel were this year at least 1,300 people have been Uruguay, it became the only country in the beaten up and released after a few days. Be killed in the war waged by the security southern cone of Latin America to which fore their releases, some of the refugees were forces against subversives. Some of those exiles could go and receive some measure of forced to sign documents claiming they had abducted, murdered, disappeared, or im protection. The population of political exiles committed "traicon a la patria" (treason to prisoned were active in politics-members relates directly to the erosion of democratic the fatherland). They were issued expulsion of trade unions, or teachers unions before governments in the southern cone of Latin America. In general, that population consists orders. those organizations were outlawed; some In a raid on the hostel Jose C. Paz, also in leaders or members of political parties who of people with leftwing views, who are in opposition to the rightwing governments of Buenos Aires, 19 refugees, including two chil opposed the totali tarian regimes now in dren were detained and tortured. Some were power in Uruguay and Argentina; but others Chile, Uruguay, Bolivia, Paraguay and Brazil. Paraguay: many Paraguayans have been released after six days, others remained in are singled out for persecution for being the Cordoba-a refugee center run by the United wife or daughter of an individual being forced to leave their country since General Stroessner came to power in 1954. Nation&-it too was raided. This center is sought, for having been a teacher of or situated in the Campo de Mayo area of Cor student of a suspect individual, for being Brazil: many Brab11ians have settled in Argentina since the coup of 1964, which over doba near a m111tary barracks where many a refugee, or for no apparent reasons at all. of the disappeared persons are reported to The vengeance of the right wing death squad threw the democratically elected government of Joao Goulart. Many Braz111ans are now be held. Eighten people from this center were respects neither age nor profession. Young charged with espionage in the military re children have been abducted and killed with refugees for the third time, having previously sought asylum in Uruguay in the sixties and gion and served with expulsion orders. their parents. Last summer, the AAA shocked Similar raids were also carried out in four public opinlon in Argentina with the mur in Chile under the Allende government. Bolivia: many Bolivians entered Argentina refugee hostels in Mendoza. · ders of five churchmen as they kneeled in On June 11, a group of 24 refugees of their parish residence. The murders were a after the military coup of August 1971 which brought President Banzer to power and over Chilean and Uruguayan nationality were random retaliation for a bombing of a police kidnapped from two hotels in Buenos Aires. station which killed 18 policemen. threw the government of Juan J. Torres. Uruguay: Thousands of Uruguayans have Two Chileans from this group arrived in POLITICAL OPPONENTS MARKED FOR DEATH fied the country since the abolition of all civil London in August under the British govern The kidnappings and killings show no sign institutions in their country in June 1973, ment's plan to provide visas for 75 refugees of abating. Recent targets of the para-police which was formerly one of Latin America's and their families at present under threat in squads have been leading members of oldest democracies. Argentina. At a press conference the two Argentine political parties, and in some cases Chile: since the coup, thousands of Chil men, Carlos Ayala and Jose Sepulveda, de their wives and children. The son of former eans have crossed the border into Argentina scribed their abduction which was carried deputy Jose Cane was kidnapped in Buenos as a result of the political and economic re out by forty heavily armed men claiming to Aires on October 20, and a few days later, the pression. Many of these have entered the be police. As a result of international pres invalid son of former senator Pedro Avalos country illegally. Approximately 12,000 Boliv sure, the refugees were released, but not was dragged from his home in the northern ians and Uruguayans had sought political before they had been beaten up and sub province of Mlssiones. In Chubut, in the asylum in Chile under the Frei and Allende jected to electric shock treatment. south of the country, the former secretary governments. All left Chile after the coup of "We were continuously beaten after they general of the Communist Party, Elbio Bel, September 1973 and the great majority were took us from the hotel. We were kept blind was abducted with hts baby son, although resettled in Argentina while the remainder folded all the time and stripped of our that child was later returned. An official of came to Europe, notably Sweden and France. clothes. Everyone was screaming in agony." the Popular Socialist Party, Sergio Maida, Well founded fears of repression and re Both Jose Sepulveda and Carlos Ayala had was kidnapped together with his wife in early prisals keep refugees from registering either fied to Argentina after the September 1973 November. with the Argentinian authorities or refugee coup in Chile. These most recent incidents followed the agencies such as the United Nations High COLLABORATION death in Inllitary custody of Mario Amaya, Commission for Refugees which make accu Ary Cabrera, aged 48, married with two former deputy of the center Radical Party. rately estimating the total number in Ar children, abducted in Buenos Aires on April 7 Senor Ainaya and his colleague, former sen gentina difficult. It has been suggested that by armed men; Telba Juares, 29-year-old ator Hipolito Solari Irigoyen, were abducted the figure is about 100,000, although this may teacher, escaped from a Uruguayan prison on August 17 by unidentified armed men de be a conservative assessment. scribed by the government as "members of and fied to Argentina in 1973, abducted in the extreme right who had escaped the con MINISTRY OF SOCYAL WELFARE Buenos Aires by armed men; Ricardo Gil Iribarne, aged 27, an economics teacher, mar trol of the armed forces." After a national After the death of Peron, political exiles outcry, the two former parlla.mentarians were were made to feel increasingly unwelcome in ried with an infant child, disappeared; stu rescued by the military two weeks later. They Argentina.. With major decisions under the dent, Eduardo Chiazzola, disappeared; were not released, but taken to a military brief presidency of Isabel Peron being made mother, Elida Alvarez, disappeared-the doc detention center "for interrogation," and re by her foremost aide and confidante, the then umented death list of Uruguayan refugees portedly beaten systematically for 15 days. Minister of Social Welfare, Jose Lopez Rega, begins. On April 23 and 24 five tortured and Senor Amaya died from his injuries on Oc the situation deteriorated rapidly. Right mutilated bodies, one of them a woman's, tober 19. Senor Solari Irigoyen is still in wing assassination squads began to operate washed on to the Uruguayan shore of the prison. with complete impunity and the vulnerable River Plate which divides Uruguay from Ar The Argentinian security forces have been refugee community attracted the AAA like a gentina. The Uruguayan authorities claimed reporting increasing success against the left- magnet. It was later alleged that Lopez Rega that they were persons of Asian origin, who January 31, 1977 EXTENSIONS OF REMARKS 2863 were probably killed in a quarrel on a fish I recently introduced H.R. 783, the nificant warming of the northern hemis ing boat some 20 days earlier. However, rela "National Climate Program Act of 1977", phere. Then. about half that gain was lost tives claimed that the bodies were those of which was designed to address these during the years up to 1972. What Schneider the five disappeared exiles named above. One questions, as well as others. The disaster called "a pretty strong reversal" apparently of them had been identified despite the ad.:. took place from 1972 through 1975, once vanced state of decomposition of the bodies. which has occurred since the introduc again raising the hemisphere's temperature. The evidence of collaboration between the tion of this bill only underlines its im Some climatologists, including the Soviet Argentinian and Uruguayan security forces portance. I urge my colleagues to con Mikhail Budyko, conjecture that the cold to systematically eliminate Uruguayans liv sider this legislation as a means to im of this winter is part of the general warming ing in exile has been mounting steadily. Re prove our ability to foresee weather dis trend. There is very warm circulation of air cent information has established that there asters. over the North Pole now and every newspa-per are Uruguayan security forces currently op At this time, I wish to insert in the reader knows that Alaska has been warmer erating in the country with the tacit support than Florida on some recent days. The aver of tbe Argentinian authorities. Reliable RECORD two articles from the Janu age temperature for the hemisphere could be sources have spoken of the existence of the ary 30, 1977, issue of the Washington warmer even with Eastern and Central states Plan Mercurio whose objective is to get rid of Post which further describe this subject: su1Iering record cold. all Uruguayans of leftwing tendencies living The articles follow: In hazarding guesses on future climate in Argentina. There is a specially selected CHANGES IN EARTH'S WEATHER ARE ExPECTED changes, scientists consider the amount of force of Uruguayan army personnel to direct To BRING TROUBLE carbon dioxide in the atmospheric, volcanic the campaign, under the direction of Colonel (By Lee Lescaze) activity, manmade pollution and the thick Ramirez, who according to information !rom Weather is making news, but a group of ness of clouds. refugees, has recently arrived from the Volcanos and pollution increase the quan scientists is trying to call attention to the tity of dust in the atmosphere. Bryson based United States. With his second in command, likelihood that once again it is also going to one Campos Hermida, a member of the Uru his early warnings of a cooling trend on the be making history. observation that dust screens out heat from guayan police force, he operates from private Climatologists have been telling the gov houses without any set headquarters in Ar the sun. ernment and public for several years that the Volcanic activity was almost nonexistent gentina. Fourteen Uruguayans who were northern hemisphere was entering a new pe among 60 kidnapped in two incidents by a during the warming years up to 1950, but riod of climatic uncertainty. "whole pot fulls of volcanos are active right Uruguayan armed forces communique of Oc The scientists don't agree among them tober 28 as subversives now in detention in now," Bryson said. Levels of manmade dust Uruguay. selves. Some believe the northern hemisphere can be predicted, but no one knows what the is turning colder, while others, probably a volcanos will do in the future. Uruguayan trade unionists in exile in Ar majority, by Dr. Stephen Schneider's esti gentina have been particularly frequent tar Schneider, however, said it is not auto mate, would argue it's getting warmer. matic that increased dust brings cooler tem gets of this semi-clandestine operation of Whichever is happening, the scientists be Argentinian and Uruguayan forces. They peratures. It may depend on the dust's color lieve, there is a good chance of serious disrup and the brightness of the part of the earth account for a high percentage of the kidnap tion of global food supplies. and murder victims of the past months. it shields. Schneider, of 'the U.S. National Center for White or light-colored objects have more Atmospheric Research in Boulder, Colo., refiective power than dark ones. Therefore, wants to call attention to how clouded the light dust would screen much of the sun's WHAT WE NEED TO KNOW ABOuT climatologists' crystal balls are because, he radiation, but dark particles over a bright THE WEATHER says, "We haven't prepared." land mass could increase warmth. Dust is not "This is a game of values, not so much a evenly spread over the world, but concen game of science," Schneider said. When peo trated over land areas, which are brighter HON. GEORGE E. BROWN, JR. ple realize that science cannot give them cer than the seas. OF CALIFORNIA tain answers about the future, he hopes they A second major factor infiuencing the IN THE HOUSE OF REPRESENTATIVES will turn to the political process and build world's climate is the buildup of carbon the food stockpiles that would see the world dioxide in the atmosphere as a result of Monday, January 31, 1977 through two or three years of bad weather. burning fossil fuels on earth. Mr. BROWN of California. Mr. Former Secretary of Agriculture Earl L. Everyone agrees that the carbon dioxide Speaker, the weather disaster which is Butz disagreed, and Schneider describes in has a greenhouse effect, keeping in much of his book "The Genesis Strategy" how he and the long-wave (heat) radiation emitted by striking our Nation at this moment has Dr. Reid Bryson of the University of Wiscon the earth. reminded us, once again, that our good sin tried without success to tell Washington But nobody knows how fast the gas will fortunes are not all a result of our own why they believed conditions would worsen. build up. It has increased to 10 to 15 per cent ingenuity and hard work. While this is That was 1974. since the industrial revolution. The entire a humbling experience, we need not be Bryson said in an interview that the best warming effect of carbon dioxide could be totally unprepared for changes in the estimate of the coming decade can always be wiped out or, conversely, doubled by a dif weather. made from the decade just ended. In the last ference of 100 meters in the thickness of the We have all seen the pictures from five years there were two serious Soviet crop clouds-another unpredictable factor. failures, drought in the African Sahel, As a result of the uncertainty, scientists the weather satellites, and heard the drought in the U.S. corn belt, the freeze that with a belief usually take the data that sup short-range weather forecasts which are wrecked the Brazilian coffee crop and rain ports their belief, Schneider said. made from the data obtained by such shortfalls in India and China. The problems from significant warming, tools. We also know that advance knowl "If you are a prudent man, you will plan it is agreed, could be as great as from major edge of events enables us to better pre for difficulties," Bryson added dryly, noting cooling. pare for them. The situation today in that there w111 be about 85 million more peo Melting of a large portion of the polar ice the weather prediction field is that we ple on earth next year. pack woud raise sea levels, flooding costal "We have to build resiliency into the sys areas, for ~xample. have not paid enough attention to ex tem," Schneider said, "to sustain the fluctu On the other hand, a drop of 6 degrees tending the range of our current weather ations [in climate] that are clearly prece centigrade in annual average temperature predictions. Since this is almost exclu dented." This winter's weather has clear over a sustained period would bring on an sively a Federal Government responsi precedent, Schneider said, but our food and ice age. bility, the Federal Government must energy situations are so tight that we run But short of disasters of that magnitude, take the blame for any inadequacies into shortages. fluctuations of climate can render presently which are avoidable with greater re Schneider was one of those who predicted arable land arid and could touch off wide sources. There is no question that the that this winter would be unusually cold. But spread food shortages. Schneider said he believes that there is very In the rich countries, food would still be savings, in agriculture alone, far out little ability among scientists to predict cli available, but at higher prices. For some poor weigh any potential increases in weather matic events in sequence over a period ot nations, the shortage could bring famine. In prediction costs. years. 1974 a Central Intelllgence Agency report The other missing element, beside the Climatology is complex and relies on said, "Climate is now a critical !actor. The state of the art in forecasting, is a mech masses of data. Airplanes and ships carry politics of food wlll become the central issue anism in Government to respond to fore thermometers that measure the air and water of everv government." casts in a national manner. Even if we they pass through. The readings have to be The United States and Canada now export know, with some reliability, that next matched with latitudes, times, dates. almost 70 ner cent of the grain in world Thus while the trends of the last 100 years trade. If climate fluctuations reduced the year would be like this year, are we ca are generally well-known, the last five-years' grain crops in those two countries, or if there pable of doing anything to prepare for readings are still being compiled and what were major failures elsewhere, it nulckly it? This question is quite important, and happened that recently is less clear. could become impossible to meet the world•s nee~ an answer. From 1915 through 1950 there was a sig- expanding needs. cxxm--181-Part 3 2864 EXTENSIONS OF REMARKS January 31, 1977 Bryson and SChneider say they believe the Most of the Weather Service's 6,000 em sponsoring legislation which would re time is long overdue for government leaders ployees are engaged in short-term prediction, quire the omce of Management and to prepare for such possibilities. monitoring day-to-day weather and forecast ing two or three days ahead. Only eight peo Budget to conduct a comprehensive study of each agency's overall perform EVEN TO FAR-OUT FORECASTERS ITS BEEN ple, headed by Gilman, are involved in "long A FREAKY WINTER range prediction-trying to forecast five days ance prior to the expiration date. ahead, a month ahead and three months (By Margot Hornblower) ahead. In the whimsical world of weather predic The Weather Service's five-day predictions tion, the ordinary is inex.plicable, the un IMPLICATIONS OF NATURAL GAS are correct roughly 80 percent of the time. SHORTAGE common is commonplace. When it comes to monthly and seasonal pre East of the Rockies, it has been the coldest dictions, the adds are about 60-40. (However, fall and winter since the 1880s. In most of Gilman's group did correctly forecast the HON. WILLIAM S. MOORHEAD the west, the weather has been warmer than current cold wave, in testimony two months usual. It has snowed in Florida, while the ago before a congressional subcommittee.) OF PENNSYLVANIA sun shone in Alaska. Swimmers frolicked in "Long-range prediction 1s in the twllight IN THE HOUSE OF REPRESENTATIVES the Pacific while, in New York, two elderly zone of forecasting," Gilman said. Although Monday, January 31, 1977 men froze to death. a cpld fall frequently indicates a cold winter, Amid these erratic fluctuations, Donald L. winter weather gives few hints about spring. Mr. MOORHEAD of Pennsylvania. Mr. onman, chief of the National Weather Serv February and the rest of the year, could be Speaker, all doubts that natural gas is ice's long-range prediction group, has main warmer or colder than usual depending on critical to the well-being of the American tained the outward calm of a man who complicated and unpredictable atmospheric economy and the American home have knOWS his limits. physics. "There are always going to be these swings "There's no statistical model of the atmos been removed. This year's shortfall of from one season to another," says Gilman, phere to guide us," Gllman said. "We're al supply has combined with a record cold who has worked for 18 years among piles of ways groping around for a few meteorologi winter to provide dramatic evidence of squiggly-lined weather maps and computer- . cal clues to put together tnto a consistent the importance of natural gas to our lzed temperature charts. image. Basically, it's a lot of head-scratch comfort and our aspirations. For 160 "Nineteen seventy-siX is a standout year, ing." million Americans, it has become a but there have been other freaky years. Each It this winter's weather tens little about touch-and-go situation as to whether or year is freaky in its own way." the spring and summer, it reveals even less not they will have a job to go to tomor The 45-year-old meteorologist who oper about future climatological change. A dis row, or a warm home in which to rest ates out of the World Weather Building, a pute 1s raging in the scientific world over glass-enclosed high-rise in Marlow Heights, whether the earth is becoming gradually tonight. To industry, it is clear their has become a celebrity of late, besieged by warmer or colder. production cornerstone is in danger of television networks and news magazines. "I don't think you can make any connec crumbling since more than 50 percent of All are clamoring to know why it is so tion between this winter and the recent the manufacturing undertaken in this cold here and so warm there, and whether it public argument that we're descending into country depends upon natural gas for will get colder or warmer next week, next a new ice age," Gilman said. "This isn't part operation. It is being curtailed and may month and next year. of any long-term warming or cooling trend. have to be curtailed further. To such questions, Gilman smiles and It is a very regional thing with the ex Two years ago, while chairman of the tremes confined to only half of the northern says, "If there are any ulti~ate explanations, House Government Operations Conserva don't know what they are.' hemisphere." Meteorologists can, however, observe what As far as Gilman 1s concerned, other scien tion, Energy, and Natural Resources Sub is happening. Since mid-September, the tists may speak in lofty term.c; f1bout .decades committee, I chaired hearings on the westerlies-high-speed winds that eternally and centuries hence. But the Weather Service then-predicted natural gas shortage swirl around the Northern Hemisphere miles is busy with the unoredictab'1e nresent. emergency. A mild winter saved us, but above our heads-have maintained an un the dominoes of economic disaster re usual pattern. mained poised. It was clear to us that it Rather than blowing steadily across the was only a matter of time before they northern section of the continent with pe THE FEDERAL AGENCY CONTROL would begin to fall and our economy dealt riodic northward and southward undula AND REVIEW ACT tions, the winds swung into a winter pattern a most harsh blow. early this fall and have remained virtually Mr. Speaker, the report our subcom fixed for four months. mittee wafted for the House Committee They are carrying warm Pacific air up to HON. NICK JOE RAHALL II on Government Operations is worth re Alaska and Canada, where they pick up OF WEST VIRGINIA view by the Members of this Congress. I frigid Arctic cold and head southward IN THE HOUSE OF REPRESENTATIVES say this, not with any sense of pride of through the Midwest and down the East Monday, January 31, 1977 authorship, but because our findings and Coast. Continuing out into the Atlantic, they our recommendations are as valid today push warm air from the Gulf Stream up to Mr. RAHALL. Mr. Speaker, I have re as they were at the time of their ~uance Iceland and Greenland, creating unusually ceived numerous complaints from my on July 25, 1975. mild weather there. constituents concerning the ever grow- Today, as then, American industry This steady pattern, which might DJ>rmally ing "fourth branch" of Government- with an excess of 80 percent dependence occur for only a few days during the winter, the Federal agencies. is partly responsible for the western drought In the course of enforcing the rules upon gas, but faced with severe curtail that is drying up ski slopes and threatening ment of service, include our chemical, agriculture. and regulations which they establish, petroleum refining, fertilizer, sugar, Instead of blowing Pacific storms into the these agencies deal with the public on a metal can, steel pipe and tubing, oilfield west coast mountains and the Rockies- day-to-day basis and their work as well machinery, and nonferrous metal com where snow would then accumulate, even- as the rules which they promulgate, are panies. Any disruption of these basic in tually melting into spring irrigation water- often interpreted as the "spirit of the dustries as a result of curtailed gas supply storms are breaking in the ocean off South- law" for which we in the Congress are could only mean increased unemploy ern Alaska. Likewise, the winds have created held responsible; therefore, I am co unusual storminess over the Atlantic. ment and reduced productivity. Sadly, When it comes to explaining why this pat- sponsoring legislation which will provide these predictions are coming true. tern has occurred, all the sophisticated com- for a mandatory congressional review Then, it was known that glass puters and mathematical models of the of each Federal agency at least once products, structural clay products, build Weather Service are of little help. every 10 years. ing paper, biological products, rice mil Not that science is totally at the mercy of At present, Congress has no effective ling, dehydrated food products. vegetable capricious wind-gods. Meteorologists know check on the Federal agencies, save oils, aircraft, telephone and telegraph that wind patterns are infiuenced by varia- budget appropriations alone, and we are tions in sea. temperature, cloudiness, rainfall, equipment, and gypsum products would air pressure, sunshine and even dust and unable to effectively monitor the useful- be hit by further curtailment if not in chemicals spewed into the air by man's fac- ness and responsiveness of the various terruption. Sadly, these prfidictions have tories. ae-encies which too often overlook unique come true. But exactly how all these elements join to- and special local situations which at Then, it was known the recurrent pat gether at a given moment is not always un- least is partially responsible for the low terns of gas curtailment would have near derstood. "The atmosphere 1s a mysterious, esteem with which the American people complicated physical system," Gilman said. view their Government disastrous effects in our large industrial "Causation is hard to analyze because every- · States such as New York, New Jersey, thing that happens influences everything Mr. Speaker, because there is a major Pennsylvania, and Ohio. Sadly, these else.'' problem in Government, I am today co- predictions have come true. January 31, 1977 EXTENSIONS OF REMARKS 2865 Then, we concluded the economic Kentucky faces the alarming prospect of a (a) Establish clear responsiblllty for pre 100-percent curtailment of natural gas to paring contingency plans for natural gas health and national security of the Na its industries embracing 135 manufacturing shortages and other natural emergencies; tion were endangered because of the companies and affecting at least 30,000 in (b) Establlsh clear responsiblllty for the potential adverse effects the shortage dustrial jobs; coordination and focus of national efforts to would have upon employment and in· West Virginia anticipates a 60-percent cur deal with immediate and long-term shortages dustrial production. Sadly, these predic tailment which may necessitate drastic re of natural gas; and tions are coming true. location of population and industry. (c) Establlsh authorities to control the Mr. Speaker, in 1975 we urged the New Jersey expects a 3 billlon cubic foot production, shipment, and distribution of President to move immediately on a top shortfall of natural gas over the 1975-76 win natural gas on a coordinated national basis ter which will result in a 60-percent curtaU as necessary to deal with natural gas short priority basis and to take whatever steps ment for industrial users and could affect ages. might be needed to prevent or alleviate between 15,000 and 20,000 jobs. 6. The Federal Power Commission and the predicted economic distress. If neces Under a variety of statutes and Executive Federal Energy Administration should take sary, we felt the President should invoke orders, a number of Federal agencies are appropriate action consistent with their the authority provided him by the De charged with natural gas emergency pre emergency preparedness responsibilltles, in fense Production Act and declare cer paredness responsib111ties. These include the cluding litigation in Federal courts, U neces tain regions, destined to be hit the hard Federal Energy Administration, the General sary, to compel natural gas prod~ers to Services Administration, the Department of comply with the Natural Gas Act and regu est, as economic disaster areas before the the Interior, the Federal Power Commission, lations to deliver natural gas to consumers. fact. Most important, we stressed the the Energy Resources Council, and others. need for contingency plans to deal with The ERC has been charged with leading and these shortages and emergencies and the coordinating Federal efforts to deal with the need to coordinate and focus a national gas shortage emergency and is operating AMERICAN BAR ASSOCIATION COM effort on the problem. We believed this through an interagency task force which 1s under the leadership of the FEA. The task MITTEE SUPPORTS FEDERAL could be done, but only if the President force is gathering data and analyzing policy GRAND JURY REFORM acted to control the production, ship options. No policies or contingency plans ment, and the distribution of natural gas have been developed. The data-gathering on a coordinated national basis. operation is encountering many problems. HON. JOSHUA EILBERG OF PENNSYLVANIA Mr. Speaker, I regret to say the strong VI. FINDINGS reoommendations the Congress made to Federal agencies are not prepared at this IN THE HOUSE OP REPRESENTATIVES the President at that time went unheeded time with advance plans to cope with ad Monday, January 31, 1977 and so it became clear these problems verse effects on employment and industrial would remain without remedy and thus production even in areas they know now wlll Mr. EILBERG. Mr. Speaker, during the eventually would become crises in need of be hard hit. There is too much of a "wait hearings of my Judiciary Subcommittee solution by law. Sadly, these predictions and-see" attitude. in the 94th Congress, representatives of Natural gas is increasingly in demand and have come true. has become increasingly scarce. the American Bar Association testified Mr. Speaker, throughout my statement Natural gas curtailments over the winter as to the need for grand jury reform and I have referred to House Report 94-412. of 1975-76 will create emergency situations supported our efforts to make those Relevant excerpts from that report, in affecting many industries, especially in the reforms. .cluding the summary, along with its Midwest and East . The Criminal Justice Section of the findings and recommendations are as Natural gas emergency preparedness re American Bar Association recently sponsiblllties are dispersed throughout the follows: executive branch and are often duplicative. passed a series of standards relating to ExCERPTS FROM HOUSE REPORT 94-212 Coordination of emergency preparedness the grand jury, which will be submitted V. SUMMARY OF REPORT among the executive branch agencies is hap to the full membership of the American The Committee on Government Operations hazard and often ad hpc. Bar Association in a few weeks. There through its Conservation, Energy, and Nat VII. RECOMMENDATIONS port which accompanied the proposed ural Resources Subcommittee has examined In view of the foregoing, the House Com standards indicates that they closely the issue of a natural gas shortage impend mittee on Government Operations recom parallel the provisions of my bill, H.R. ing for the winter heating season of 1975-76 mends the following: 1614, the Grand Jury Reform Act of 1977, and has assessed the state of Federal pre 1. All cognizant Federal departments and which I recently introduced. paredness to deal with that emergency. agencies should move immediately on a top Natural gas, consumed by 140 million priority basis to take whatever steps are nec At this time I insert in the REcoRD the Americans and necessary to the functioning essary within the scope of their legal author report of the Criminal Justice Section of of over one-half of the Nation's industry, ity to prevent or alleviate the impact of this the ABA and the summary of the "Pro is key to the well-being of the Nation. As coming winter's natural gas shortage on those posed ABA Grand Jury Principles": demand for and consumption of natural gas States and areas expected to suffer most. If HOUSE OF DELEGATES TO RECEIVE SECTION RE has been increasing, supplies have been de necessary the President should take preven PORTS ON GRAND JURY REFORM, CHANGES TO creasing. Since 1970 curtailments of firm tive action under the criteria of the Defense F.R.CR.P. service (that service to be supplied without Production Act and other legal authorities interruption under contracts) have increased to declare certain regions as potential eco The Criminal Justice Section will ask the each year. Curtailments for 1975-76 are pro nomic disaster areas before the fact and ABA's pollcy-making House of Delegates to jected by the Federal Power Commission to marshall the Federal Government's resources place the Association in favor of major re reach nearly 3 trlllion cubic feet. This year's accordingly. forms in the operation of grand juries at · curtailments will be 45 percent greater than 2. Emergency preparedness authorities both the federal and state levels. The request in the previous year and will affect many should be clarified as they relate to future will be made in the form of a general resolu industries, especially in the Midwest and on natural gas emergencies. tion (similar to the one printed in the right the eastern seaboard. For the first time cur 3. Departments and agencies with major hand column of this page) which the House tailments might reach residential users. responsibilities relating to natural gas should of Delegates will debate at its Midyear Meet Alternate sources of fuel; namely, propane, prepare memorandums of understanding or ing, February 9-15 in Seattle, Washington. butane, liquefied natural gas (LNG), and ot her documents delineating their respective Based upon a report prepared by the Sec substitute natural gas (SNG) will apparently duties which bear on n atural gas emergencies. tion's Grand Jury Committee, chaired by not be readily available for a variety of 4. Collection of data on natural gas supply State's Attorney Richard E. Gerstein ot reasons. an d demand, availablllty of alternative fuels, Miami, Florida, the Section's resolution may A number of States and communities will and capability to use alternative fuels, to well be among the most controversial-and be especially hard hit by the natural gas gether with assessment of impact of natural potentially most far-reaching-subjects to be shortage this winter. Among the States: gas curtailments, should be accomplished on considered at the Midyear Meeting. Pennsylv ania faces high risk of widespread a continuing coordinated systematic and The report is phrased in terms of legislative unemployment, especially 1:n glass, alumi timely basis. principles in order that specific wording ot num, automotive parts, and cement indus 5. Because the natural gas emergency of grand jury reform bllls introduced 1n the tries; 1975-76 will be a recurring problem, and 95th Congress can be supported or opposed New York despite careful and comprehen because no effect ive emergency planning or sive contingency planning, faces what it ex coordinatln€ mechanisms exist, and because as appropriate, Gerstein said. pects to be its worst year; neither the FPC nor the FEA or any other As amended the report was approved unan Ohio with a 60-percent shortfall of natural Federal agency has authority to take full imously by the Section's Governing CouncU gas expected over the coming winter sees necessary action in the face of a natural at its fall meeting in Scottsdale, Arizona, 1n further widespread industry closing and un gas emergency, the President should propose November, capping two years of intense Sec employment and in the eyes of its Governor and the Congress should give immediate tion study of grand jury reform. During that an "unprecedented crisis"; cons1dere.tlon to legislation which would- period, Gerstein testified twice on behalf of January 31, 1977 2866 EXTENSIONS OF REMARKS and is found in contempt should not exceed the section on grand jury reform proposals tigating other potential offenses of the same or other defendants. 6months. before Congress, and the section won limited 23. The court shall impose appropriate support from the Association on the issue. 7. The grand jury should not be used by the prosecutor for the purpose of aiding or sanctions whenever any of the foregoing The Section's Grand Jury Committee is principles have been violated. composed primarily of persons with substan assisting in any noncriminal inquiry. tial prosecutorial experience. In addition to 8. Witnesses who have been summoned to Gerstein, they include: Seymour Glanzer of appear before a grand jury to testify or to Washington, D.C.; Richard H. Kuh of New produce tangible or documentary evidence York City; George D. Crowley of Chicago; should not be subjected to unreasonable HARVARD UNIVERSITY PRESIDENT Judge Jack Rosenberg of New York City; delay before appearing or unnecessarily re CALLS FOR AFFIRMATIVE UNI David Austern of Washington; Charles Ruff peated appearances or harassment. VERSITY ADMISSIONS PROGRAMS of washington; Professor George Pugh of the 9. It shall not be necessary for the prosecu Louisiana State University Law School, Baton tor to obtain approval of the grand jury for Rouge; Brian P. Gettings of Arlington, Vir a grand Jury subpoena. HON. AUGUSTUS F. HAWKINS ginia; Judge Paul Baker of Miami; Peter F. 10. A grand jury subpoena should indicate OF CALIFORNIA Langrock of Middlebury, Vermont; Paul B. the statute or general subject area that is IN THE HOUSE OF REPRESENTATIVES Johnscfn of Tampa; Professor Melvin B. Lewis the concern of the grand jury inquiry. of John Marshall Law School, Chicago; and 11. In any case in which a subpoenaed wit Monday, January 31, 1977 SOl Rosen of washington. The law student ness or a person directly affected thereby member of the committee is Peter R. Wub moves on proper grounds to quash a grand Mr. HAWKINS. Mr. Speaker, the Cali benhorst of Birmingham. jury subpoena, the prosecutor should be re fornia Supreme Court, by a 6-to-1 de quired to make a reasonable showing in cam cision, ruled against a policy of the Uni CAPITOL Hn.L RouNDUP era and on the record before the court con versity of California that provided mi When Criminal Justice went to press, vening the grand jury that the evidence nority students preference in admission Washington was filled with speculation about being sought is: to a medical school. This decision may what the 95th Congress would be doing. (a) relevant to the grand jury investiga set a precedent for other affirmative ac Here are some "best bets" as perceived by tion; tion programs of colleges and univer Herbert Hoffman, Staff Director of the ABA's (b) properly within the grand jury's in Governmental Relations Office. vestigation; and sities throughout the country. Dr. Bok, Grand Jury Reform-Early February hear (c) not sought primarily for another pur president of Harvard University, com ings are expected by Rep. Joshua Eilberg's pose. ments on reasons for his opposition to (D.-Pa.) Judiciary Subcommittee. His blll 12. A subpoena should be returnable only the Court ruling and how giving prefer (HR 1277) is much less comprehensive than when the grand jury is sitting. ence to minority students will enhance HR 2986 (proposed by Rep. John Conyers, 13. When the circumstances make it rea the educational system. I wish to person (D.-Mi.) but is thought to have the best sonable, motions to quash or modify sub ally commend Mr. Bok for his construc chance of passage. It includes provisions for poenas may be brought at the place where the witness resides, the documents sought tive comments and submit a portion of a grand jury of 15 and indictments by 9 his Meet the Press interview as follows: votes. Changes on the role of counsel and are maintained, or before the court which challenges to subpoenas are also expected. issued the subpoena at the election of the PORTON OF INTERVIEW ON MEET THE PRESS witness. Such motions should be heard in Mr. MoNRoE. The California Supreme PROPOSED ABA GRAND JURY PRINCIPLES camera and on the record. Court, by a six to one decision, recently threw 14. All matters before a grand jury, includ BE IT RESOLVED, that the American Bar out a pollcy of the University of California ing the charge by the impaneling judge, if that gave preference to minority students in Association support in principle grand jury any; any comments or charges by any jurist reform legislation which adheres to the fol admission to a medical school. Won't this to the grand jury at any time; any and all decision affect the affirmative action pro lowing principles: comments to the grand jury by the prosecu gram of almost every college and university 1. A grand jury witness shall have the right tor; and the questioning of and testimony in the country? to be accompanied by counsel in his appear by any witness, shall be recorded either Mr. BoK. Yes. It may not apply directly to ance before the grand jury; the role of such stenographically or electronically. However, private institutions, but they are sure to be counsel should be the same as that before a the deliberations of the grand jury shall not infiuen<:ed by it, and for that reason, among Congressional committee. be recorded. others, I am strongly opposed to that de 2. A subject of a grand jury investigation 15. Expanding on the already-established cision. shall be given the right to testify before the ABA position favoring transactional immu Mr. MONROE. What can be done about the grand jury, provided he/ she signs a waiver of nity, immunity should be granted only when decision? immunity. Prosecutors shall notify such sub the testimony sought is in the public inter Mr. BoK. When a comparable decision came jects of their opportunity to testify unless est; there is n':l other reasonable way to elicit up last time, Professor Archibald Cox, my notification may result in flight or endanger such testimony; and the witness has refused colleague and friend at Harvard, prepared on other persons; or the prosecutor is unable to testify or indicated an intent to invoke behalf of the university a very long amicus with reasonable dlligence to notify said the privilege against self-incrimination. brief to the Supreme Court, trying to ex persons. 16. Immunity shall be granted on prosecu plain the reasons why race might be a rele 3. The grand jury shall not consider un tion motion in camera by the trial court vant factor in making sound admissions de constitutionally obtained evidence. which convened the grand jury, under stand cisions and why the courts should not at 4. The grand jury shall not name a person ards expressed in Principle No. 15. tempt to prevent institutions from consider in an indictment as an unlndicted co-con 17. The granting of immunity in grand ing that factor. spirator to a criminal conspiracy. jury proceedings should not be a matter of Mr. MONROE. Is it fair, Mr. Bok, to give 5. A grand jury should not issue any report public record prior to the issuance of an in preference to minority students? Can you be which singles out persons to impugn their dictment or testimony in any cause. fair to majority students while giving prefer motives, hold them up to scorn or criticism or 18. If the court determines that there is ence to minority students? speaks of their qualifications or moral fitness multiple representation of witnesses in a Mr. BoK. That is a very good question. Let to hold an office or position. No grand jury grand jury proceeding, it shall advise the me begin by acknowledging there are anum report shall be accepted for filing and pub witnesses that they have the right to be ber of people who feel that it is unfair to lication untll the presiding judge submits separately represented by counsel, and ex admit a minority student if there is a non in camera a copy thereof to all persons plain that conflicts of interest may other minority student who has higher grades and named or identifiable and such persons are wise arise. higher test scores. given the opportunity to move to expunge 19. The confidential nature of the grand I would respond to that by pointing out any objectionable portion of said report and jury proceedings requires that the identity of first of all that although grades and test have a final judicial determination prior to witnesses appearing before the grand jury be s<:ores are certainly relevant and helpful in the report's being published or made public. unavailable to public scrutiny. trying to decide which students are capable Such motion to expunge shall be made 20. It is the duty of the court which im of doing good academic work, they are by no within ten days of receipt of notice of such panels a grand jury fully to charge the jurors means the only factor that can enter into a. report. Hearings on such motions shall be by means of a written charge completely ex sound admission decision. They don't tell held tn camera. plaining their duties and limitations. you very much about what students will do 6. The grand jury should not be used by 21. All stages' of the grand jury proceed after they graduate. the prosecutor in order to obtain tangible, ings should be conducted with proper consid We are interested in educating students documentary or testimonial evidence to assist eration for the preservation of press freedom, who will make a distinct contribution, and the prosecutor 1n preparation for trial of a attorney-client relationships, and comparable in a country where there are so few minor defendant who has already been charged by values. ity persons in leading business, law firms, indictment or information. However, the 22. The period of confinement for a witness hospitals, government agencies, we feel that grand jury should not be restricted in inves- who refuses to testify before a grand jury a well-trained minority student may make January 31, 1977 EXTENSIONS OF REMARKS 2867 a distinctive contribution, especially in a intimate, first-hand experience in the goes to great length comparing costs of country which suiiers from the racial ten nuances and subtleties of the admissions living, hourly earnings for U.S. workers, sions that we have experienced. process. pay of top State officials, U.S. industrial Another consideration lies in trying to put Mr. MoNRoE. If you pick out a student and together a class, as I mentioned a few min give him preference because he is a member salaries, and the like. According to its utes ago, in which there is a real diversity of a racial minority, would you be willing to findings, we poor people of the Congress, because students learn as much from each call that reverse discrimination? the executive, and the judicial branches other as they do from the professors and the Mr. BoK. You can attach any label you are very lucky that we do not go to work tests and the papers. And again, in a coun want. I think it is designed to enhance the year round wearing the barrels in which try which has serious racial divisions and educational process and to enhance the political cartoonists popularly dress Jane differences, to have a substantial number contributions which graduates of the in and John Q. Public each April 15. of minority students can provide a real op stitution will make. I do not apologize for it. portunity for students of all races to learn I defend it. We can attack anything by at Mr. Speaker, the Commission alleges from one another. taching labels. But I don't think labels really that we cannot compare our salaries with Race, of course, is not the only other fac get at the subtler process of how we admit any others exactly, but that we can find tor. We try to develop diversity in our classes students in ways that will enhance our con some comparisons out of their mumble in many other ways. We look for many dif tribution and the educational experience jumble. ferent talents and a great diversity of back those students undergo. This is pure malarkey. The Pay Com grounds to enrich the mix of our students. mission ignored the best set of compari But for a court to say that race is of no rele sons in the world-those of other rich vance at all, I think is unwise. First, for t he THE PAY COMMISSION-COMPAR reasons I have indicated, but there is another industrial nations' members of parlia deeper reason. ING APPLES AND ORANGES ments. Even if one disagrees with the points I have Why the Commission left these facts made, I hope we would all agree that this out speaks for itself. The average Mem is a difficult question. Reasonable people can HON. PATRICIA SCHROEDER OF COLORADO ber of Congress already makes 40 to 60 differ about how minority students should pere-..11t more than any other Western be treated in the admissions process. For IN THE HOUSE OF REPRESENTATIVES nations' representatives. And this figure that reason it is very, very important that Monday, January 31, 1977 these decisions be made through experimen does not include the general average tation, through trial and error, by the ad Mrs. SCHROEDER. Mr. Speaker, in its abysmal working conditions-ranging missions officers who are really experienced December report, the Commission on from no offices and staff, to no mailing in the process of trying to put together a good Executive, Legislative, and Judicial Sal privileges, to no free telephones, which class, to cerate a good educational expe aries went through a lot of mumble-jum these other nations' public servants have rience. to put up with. It would be most unwise to take up ques ble in reaching what I believe was a pre tions where there are differences of opinion determination that salary levels for top I am sure that the following chart of this kind and subject it to a uniform, level bureaucrats, Federal judges, and comparing costs of living and salaries in rigid rule for all institutions, imposed by Members of Congress should be jacked capital cities will be of interest to my judges who, good as they are, do not have sky high. The hocus-pocus in the report colleagues:
Cost-of-living index 1 (N.Y. equals 100) Members' pay in local currency 2 Members' pay in current Countri es Number City Amount year U.S. dollars a
United States. ______------92 Wash ington ______------______$44, 600 1976 $44,600 Australia ______- --- ____ ------$A20, 000 1975 27, 350 Canada ______-- ____ ------~~ ~odn~~~aC ~ ~~~~~~~~~~~~~======~ Can$24, 200 1976 24, 000 Denmark ______-- __ ------122 Copenhagen _------DKr150, 000 1976 25, 000 France ______------____ ------123 Paris _------Fl20, 300 1976 23,400 Italy ______------__------____ ------77 Rome_------___ _ Litll, 500, 500 1976 13,000 Japan ______- --- ______- - __ ------123 Tokyo •------¥ 5, 000,000 1972 17, 100 Netherlands ______------123 lhe Hague _------f.75, 300 1975 28,450 Sweden ______------__ ------120 Stockholm ______------United Kingdom ______------______SKr86, 800 1975 20, 400 88 London _____ ------· __ £4, 500 1976 7, 700 West Germany . . ______------120 Bonn.------DM44, 100 1975 18, 300
1 Source: U.N. Monthly Bulletin of Statistics (special table D) AUI!Ust 1976. 3 Rounded t'ff current exchange rates. 1' Source: Embassies of respective countries and Library of Congress. • Excluding housing.
NATIONAL GRADUATING CLASS OF that by g1vmg these youngsters recog A TRffiUTE TO JIMMY CARTER 1977 MONTH nition of this type, the Congress will be offering them special encouragement to continue to excel and pursue pro HON. JONATHAN B. BINGHAM HON. HERBERT E. HARRIS II ductive lives. OF NEW YORK OF VIRGINIA The bill follows: IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Whereas those students graduating from Monday, January 31, 1977 Monday, January 31, 1977 · high schools in 1977 will represent the first graduating class of America's tricentennial Mr. BINGHAM. Mr. Speaker, the in Mr. HARRIS. Mr. Speaker, today, I period; and auguration of Jimmy carter as Presi am introducing a bill which would desig Whereas national recognition of their dent has filled Americans everywhere nate the month of June 1977 as National talents and achievements will motivate them with a new spirit of hope and faith in Graduating Class Month and reaffirm and others to pursue further educational America. One such individual is a con experiences and productive lives; and our commitment to the educational goals Whereas special acknowledgment of their stituent of mine, Rabbi Baal-Ha-Tov. of this Nation's youth. talents and achievements is appropriate at This gentleman has created a beautiful I would like to particularly acknowl this point in our Nation's history: Now, scroll in honor of President Carter which edge the achievements of the 14,000 high therefore, be it has been signed by numerous dignitaries. school students graduating in 1977 from Resolved by the Senate and House of The rabbi has been doing such scrolls schools in the Eighth District of Vir Representatives of the United States of commemorating Presidents since Harry ginia. America in Congress assembled, That the Truman's day and has had many of them It seems highly appropriate to set a month of June 1977 is designated as "Na publicly displayed. tional Graduating Class of 1977 Month", In this commemorative time in order to fully and the President of the United States is addition, gentleman was so in recognize the accomplishments of these authorized and requested to issue a procla pired by President Carter that he has young people, as the 1977 class will be mation calling upon the people of the United written the following poem, which I the first high school graduating class in States to observe that month with appropri would like to share with my colleagues America's tricentennial period. I believe ate ceremonies and activities. and other readers of the REcoRD: 2868 EXTENSIONS OF REMARKS January 31, 1977
CARTER'S CHORUS to earn freedom for their families. This strong dren's Services, and Save the Children (By Rabbi Ba.a.l-Ha-Tov) sense of loyalty was portrayed in the dying Federation. This endeavor will provide words of Nathan Hale: "I only regret that I for the protection of the individual con Birds are singing have but one life to lose for my country." sumer in the field of voluntary contribu Chimes are ringing Where has this p~triotism gone? Where Music is rhyming would I be without men such as he? tions. It is also a protection to the chil Themes have timing Many wars have been fought since the first dren who benefit from these organiza People are dining settlers came and thousands of noble men tions because it will guarantee that fund Happy faces are shining have bled for the idea of a free nation. These raising and administrative expenses are Joyous hearts humming men knew the perils of war but each looked kept at the lowest possible percentage of Better days are coming unafraid into the eye of Death. The heritage receipts. The needy children of the world Crowds are dancing of Independence, that caused our forefathers will become, in fact, the beneficaries of Lofty adventures advancing to sacrifice their lives, is the tradition that Cheering impressions implanting every American should be proud of. When the generosity of the American people. Throngs are chanting I consider all the brave men who died for I enclose the full text of this "code of America is smarter the preservation of my future, then I am ethics" to be inserted in the RECORD: In choosing Jimmy Carter proud to be an American. CODE OF FuND-RAISING ETHICS FOR To save America's starter Americans know there are problems in the VOLUNTARY AGENCIES Skilled Navigator's charter United States; however, we never stop to be Cognizant of the value of and need tore Keen intellectual imparter thankful that war has not overpowered our state high principles 1n fund-raising, the Morality righteousness worth bother government. The United States appears, in undersigned voluntary agencies in person-to Advocate justice extreme ardor the eyes of various nations, as a "beacon person assistance herewith reatnrm and Really no one works harder light" shining through dark, foggy skies. As pledge continuing compliance with the fol To further progress much farther a lighthouse save ships from peril, the United lowing minimum ethical standards of prac Inauguration, celebration States helps many countries less fortunate tice: Commemoration, adulation than we. 1. We maintain full confidentiality of all Inauguration celebration of Jimmy A true American may be a mixture of na sponsors and contributors on our mailing Carter tionalities. What caused so many people to lists, which will neither be sold to nor ex Who w1ll represent leave their homes to come to America? If a changed with any other agency or commer Everybody's President man's country had no food for him or en cial enterprise. couragement, only frowns and punishment, 2. Using uniform accounting methods, as he would turn to America, the proud land of prepared by the American Institute of Cer equal opportunity. In our land a man would tifled Public Accountants, we will make full THE MEANING OF AMERICA not be classed as a beggar, because he owns financial disclosure as reported in audit to a rank of importance, United States citizen any requesting person, agency or the media., ship. This should make each American proud and will publish annually a full statemeni to aid individuals from other nations. of support, revenue, expenses and changes in HON. CARROLL HUBBARD, JR. What denotes the United States as such a OF KENTUCKY fund balances. unique and successful country? A totally 3. We are committed to minimize overhead IN THE HOUSE OF REPRESENTATIVES different people, all striving for the ideas of costs; to keep fund-raising and administra Monday, January 31. 1977 freedom and independence, make America tive expenses at the lowest possible percent what it is today. The citizens control our age of receipts. Mr. HUBBARD. Mr. Speaker, our Na government through participation in elec 4. We utilize designated contributions only tion means a great deal to all Americans, tions. A government "of the people, by the in programs and projects identifled. by the though I would doubt that its meaning people, for the people" enables all citizens donor. to have a voice. This is a giant step from the 5. We pay no commissions, percentages or is the same for any of our citizens. I Colonial Days to modern times and without would like to share with my colleagues finder's fees to anyone for the acquisition of doubt the Pilgrims would be pleased with new sponsors or contributors, (to the adver in the House the meaning of America our progress. tising media., employees, or outside con through the eyes and in the words of I know there are still loyal Americans in sultants). Miss Pennye Steele, a perceptive junior the United States. The people who are proud 6. We refuse to engage in dubious fund at the Hughes-Kirk High School in my of what they are w111 work to secure a richer raising methods, including mailing unso legacy for the future; these are the true licited merchandise or cannisters; paid can First Congressional District of Kentucky. Americans I It is wonderful to live in a free Pennye is the daughter of Mr. and Mrs. land where we can be whatever we make vassing; telephone solicitation to the gen Cecil Steele of Beech Creek in Muhlen eral public; offering prizes or sweepstakes; ourselves. As an heir to a great heritage, I am combining appeals with commercial sales berg County. Her essay, "What America proud to be an American. I will always love which do not define specific benefits to the Means to Me," won the Voice of Demo my country for what it is" ... one nation agency; conducting misleading campaigns or cracy Contest sponsored by VFW Post under God, indivisible, with Uberty and jus events; and paying for or making use of in 5478 in Greenville, Ky. It is as follows: tice for all." sincere endorsements. WHAT .AMEBicA MEANs To ME 7. We make economical and judicious use (By Miss Pennye Steele) of all methods of fund-raising including di rect mail, broadcast and print advertising. Why did so many people come to America? CODE OF FUND-RAISING ETHICS 8. We are truthful in our broadcast, print What is a "true American"? Are there any FOR VOLUNTARY AGENCIES and direct mail advertising using actual, cur Americans left in the United States? Is there rent case histories and honest statements of any reason why I should be proud to be an purpose. We neither minimize nor overstate American? the human needs of those whom we assist. I can visualize the Pilgrims on board the HON. JOHN M. MURPHY 9. We demonstrate respect for the integ Mayflower in the early 1600's, anxiously OF NEW YORK rity, pride, beliefs and culture of the people awaiting the landing at Plymouth Rock. IN THE HOUSE OF REPRESENTATIVES whom we serve, and will not denigrate them They had not yet recovered from the perilous in our advertising and promotion. voyage when the wintry winds planted dis Monday, January 31, -1977 10. Our objective in all our efforts is to ease in their midst. Nevertheless, these way Mr. MURPHY of New York. Mr. Speak further the good of the children who are in farers had come to America for freedom and er, I recently received a copy of the "Code need, their families and communities· to freedom they meant to have. It seems unreal of Fund-Raising Ethics for Voluntary raise the resources required. to assist them that the hardships sut!ered during their first and to increase the good will and support of icy winter helped to shape our nation today. Agencies" from the Christian Children's our constituents and the public on one hand The dream of the settlers was one of Inde Fund of Richmond, Va. This is, to my and of the people and governments of the pendence, freedom to live without fear of knowledge, the first self-imposed multi nations we serve on the other. punishment. Who would have imagined that agency attempt to regulate voluntary Christian Children's Fund, Richmond the idea of independence was anchored so foreign aid organizations serving chil Virginia. ' firmly 1n the rebels' hearts? What shocking dren. Compassion, Chicago. news! The colonies were actually going to I would like to take this opportunity Foster Parents Plan, Warwick Rhode war with their mother country. Island. ' America. has sheltered many famous per to heartily commend the Christian Chil Holt International Chlldren's Services sons, people who possessed an unsurpassed dren's Fund and the four other child wel Eugene, Oregon. ' spirit of nationalism and loyalty. These fare organizations, Compassion, Foster Save The Chtldren Federation, Westport Patriots were willing to give their own lives Parents Plan, Holt International Chi!- Conn ecticut. ' January 31, 1977 EXTENSIONS OF REMARKS 2869 OUTSTANDING NEWSMAN, THOMAS Mr. Frier bas been dedicated to his church why they are faced with severe financial FRIER, ANNOUNCES RETIREMENT and denomination, being a deacon in Doug problems. las First Baptist Church. He has served as Mr. Speaker, to give you a better idea IN GEORGIA Sunday School Superintendent, member of the Building Committee responsible for erect of the impact of the drought on many ing the present church plant, and chairman of our local educational agencies, I HON. BILL LEE EVANS of the Bond Sales committee which raised the would like to share with you the re OF GEORGIA necessary funds for this construction. marks of the superintendent of one of IN THE HOUSE OF REPRESENTATIVES Mr. Frier was one of the organizers of East our smaller school districts. The follow side Baptist Church, working with the con ing is a part of a statement given by Monday, January 31, 1977 gregation while a mission of First Baptist. Superintendent John T. Biegler, Polo Mr. EVANS of Georgia. Mr. Speaker, In Baptist denominational life, Publisher School District 29-2, Polo, S. Dak., to the Frier has served as modera tor of the Smyrna a well-k-11own and highly respected news Association, trustee of Baptist Village, mem State board of education on September man has decided to step down from the ber of the board of directors of the Chris 21,1976: publishing field, and I wish to extend my tian Index, trustee of Norman College, mem I would to .... discuss the added impact good wishes to him upon completion of ber of the Georgia Baptist Convention Ex that thts drought will have on the small nearly 40 years of outstanding service. ecutive Committee, and the lay member from school. Thomas Frier of Douglas, Ga., is one of Georgia on the Southern Baptist Conven First of all, the drought will force this our State's outstanding newspaper ·pub tion's Committee on Committees. school distrdct to cut tts General Fund ex The retiring newspaper publisher has been penditures by 32.23% or $32,000, for the next lishers and he is truly a fine g~ntleman. on numerous Baptist lay missions, havtng school year. The reason for th1s 1s because While he is turning over his newspaper worked with churches in Japan, Hong Kong we, like many small schools 1n the state, responsibilities to his two sons, Tom. Jr.• and India. His effort in these areas was under are more dependent upon the assessed eval and David Frier, we have an idea that supervision of the Southern Baptist Conven uation on agricultural property, than bigger Thomas Frier, along with his wife, Ruth, tion's Foreign Missions Board. school districts. In our case, 97.68% of our will continue to be in the forefront of Future plans for the retiring newspaper total assessed evaluation 1s agricultural "doing what is right" in their home area man include completion of research and property.... Unlike some school distrdcts, we of Douglas and Coffee County where the writing of a comprehensive history of the are at maximum mlll levy. We will not have a significant carry over, nor do we have a Friers have already made significant con Douglas First Baptist Church, and contribu tions of special features to the Enterprise substantial cushion bUilt up. tributions in church and civic activities. from time to time. Before the real problem for the small Mr. Speaker, I wish to share the an school 1s finding ways to cut. We offer 26% nouncement of his retirement with my units of credit-Just one-half above the re colleagues in the House of Representa quired min1mum. So, we can't cut curric tives: LEGISLATION TO PROVIDE DIS ulum. That leaves activtttes. Certainly, as (From the Douglaa (Ga.) En!terprtse ASTER AID FOR EDUCATIONAL much I hate to, we can cut activities. But Jan. 13, 1977] in our case, thts would only result 1n a sav AGENCIES ings of $1,500 to $2,000, which 1s really not ENTERPRISE PUBLISHER THOMAS H. FRIER terribly slgniflcant when trytng to cut ANNOUNCES RETIREMENT $32,000. Announcement is made today of the retire HON. JAMES ABDNOR So what do we do? In all honesty, anc1 an ment of Thomas H. Frier, 58, publisher of the OF SOUTH DAKOTA sincerity, I don't know. Certatnly we can Douglas Enterprise for the past 37V:z years. IN THE HOUSE OF REPRESENTATIVES borrow the money. But what scares me His sons, Thomas H. Frier, Jr., and J. David about that is what happens if we have Frier, will succeed him, assuming the active Monday, January 31, 1977 another dry spring and summer. management of Enterprise Publishing Co., Mr. ABDNOR. Mr. Speaker, I am to Mr. Speaker, I would like to emphasize Inc. A native of Douglas, the retiring publlsher day introducing a bill to amend Public the fact that this is not an isolated case. is son of the late W. R. Frier who operated Law 81-874, relating to financial as While the situation described by Mr. the Enterprise for 31 years. He succeeded his sistance in federally affected areas. My Biegler is certainly one of the worst, it father in 1939, immediately following gradua bill would amend section 7 (A) of the is also characteristic of the predica tion from the University of Georgia with act to provide financial assistance to ment that many other South Dakota an A.B. degree in journalism. local educational agencies located in school districts are facing. They are During these years Mr. Frier has seen the whole or in part within an area in which badly in need of help and have nowhere Enterprise grow from a small six-page, 800 an emergency exists. to turn. The South Dakota State Legis circulation weekly to an average 32-page, 3,850 circulation community newspaper. At the present time, the impact aid lature, which is presently meeting in Through these years the Enterprise has been law provides assistance to school dis Pierre, is acutely aware of the problem the recipient of more than 60 state and tricts which suffer a loss of revenue due and is doing all it can to ease the burden national awards for excellence. to a catastrophe which is declared by the of our local educational agencies. How Publisher Frier's personal operation of the President to be a "major disaster." Until ever, the droughts has had a devastating newspaper was interrupted only once back in such time as the President makes this impact throughout the State's economy, the early 40s, when he saw service in the U.S. declaration, there is no other .avenue for and the legislature will be hard-pressed Army during World War II. In that critical schools in need of help, even for those to generate the funds necessary to pro period Mrs. Frier and one employee con schools within an emergency area. vide additional aid to our schools. tinued publication of the Enterprise until her husband's return in 1945. In South Dakota, we are currently suf Mr. Speaker, we have been working Mr. Frier .has been involved in community fering the effects of one of the worst long and hard to try to convince Con life through these years. He has served as droughts in this history of the State. gress and the administration that a president of the Douglas Rotary Club, b~ing Although over two-thirds of the counties drought is a disaster that deserves the one of the organizers and charter members in South Dakota have been declared same attention as a flood, fire, hurricane. of this service club. His sustained interest "emergency" areas, we have been un earthquake, or other catastrophe. We in the economic development of Coffee successful in our attempts to obtain a have made some progress in this effort, County resulted in several tenures of service "major disaster" designation. As a re and it may be that we will receive a on the Chamber of Commerce board of di rectors and a term as president of the trade sult, our schools are ineligible to receive major disaster designation in the months body. Federal aid. ahead. Whether we are successful or not, In his profession, Mr. Frier has been active The drought has caused a significant I believe it is imperative that Congress tn the Georgia Press Association, serving sev reduction in the valuation of personal provide a mechanism to give assistance eral times on the board of managers, chair property in a great many school districts to needy school districts. It is sad that man of the annual Press Institute in Athens, due to the forced selling of foundation the U.S. Congress is able to provide mil and more recently as president of the Georgia cattle herds. Statewide, the livestock lions in aid to disaster victims in for Press AssociS~tion. It was during his term of selloff is currently projected to be about eign lands, but we are oftentimes reluc ofilce that a building was purchased in At with lanta as the permanent home for the Asso 40 percent, nine counties haVing an tant to provide help to our own citizens ciation's central offices. estimated selloff of over 70 percent. in times of need. The Enterprise publisher is a member of Since our school districts in South Da The legislation that I am introducing Sigma. Delta Chl, National professional jour kota are primarily dependent on county today would allow the Commissioner of nalism society. property tax revenues, it is easy to see Education to provide help to school dis- 2870 EXTENSIONS OF REMARKS January 31, 1977 tricts which are truly in need"of finan ning with "The amount so provided for any adverse effects it would have on the Na cial assistance, whether they be located fiscal year"; and tion's health care system are potent in major disaster areas or in emergency (C) l>y striking out "such agency has :-:uf fered a disaster" and inserting in lieu thereof arguments against its adoption. As with areas. As we all know, the declaration "an emergency, major disaster, or catas many other forms of national health in of a major disaster area is often a diffi trophe has occurred" in the last sentence. surance, there would be higher costs per cult decision to make, and because of SEc. 2 Section 7(b) of the Act of Septem beneficiary than under private plans, it this fact, it is important to give the ber 30, 1950 (20 U.S.C. 241-l(b)) is amended would act as a disincentive for people to Office of Education some flexibility in by striking out "disaster" in each place i~ ap seek preventive or early treatment, it providing aid to local educational agen pears and inserting in lieu thereof ·• emer would encourage increased utilization of cies. I urge my colleagues to join me in gency, major disaster, or catastrophe". the more expensive services and create this effort to provide necessary educa SEc. 3. The title of section 7 of the Act of September 30, 1950 (20 U.S.C. 241-1) is a further distortion of the allocation of tional opportunities for all our citizens. amended to read as follows: "Assistance for health resources. Moreover, it would do Following is the text of the bill: current school expenditures in cases of cer nothing toward alleviating the problem H.R. 2663 tain emergencies, major disasters, and of increased health costs, merely shift A bill to provide financial assistance to local catastrophes." the burden of administering catastrophic educational agencies located in whole or insurance from the private to the public in part within an area in which an emer sector. The taxpayers now have the free gency exists dom ·to choose, from among many plans, Be it enacted by the Senate and House CATASTROPHIC HEALTH INSUR the plan offering the amount of coverage of Representatives of the United States of ANCE: IF YOU WANT IT, ALL YOU they need or want at a price they can America in Congress assembled, That sec HAVE TO DO IS ASK FOR IT tion 7(a) of the Act entitled "An Act to pro afford. Under a Government plan, the vide financial assistance for local educational vast majority will be forced to pay much agencies in areas affected by Federal activi HON. PHILIP M. CRANE more in return for little additional benefits. ties, and for other purposes" (Public Law OF ILLINOIS 874, Eighty-first Congress, approved Septem I believe that our present system has ber 30, 1950, as amended; 20 U.S.C. 241-1 IN THE HOUSE OF REPRESENTATIVES the capability to provide adequate cata (a) (1) (A)), hereinafter referred to as the Monday, January 31, 1977 strophic insurance coverage without Act of September 30, 1950, is amended- (!) by striking out clause (1) (A) and in Mr. CRANE. Mr. Speaker, though Federal intervention and the ills that serting in lieu thereof the following: HEW Secretary Califano stated during would inevitably accompany it. What is "(1) (A) the Director of the Office of Emer his confirmation hearings that he does really needed is a greater public aware gency Planning determines with respect to not expect President Carter's plan for ness of the availability of low-cost cata any local educational agency (including !or comprehensive national health insur strophic insurance, not a mandatory and the purpose of this section any other public ance to be submitted to the Congress universal plan. agency which operates schools providing Mr. Llewellyn H. Rockwell, Jr., pre technical, vocational, or other special educa this year, it seems likely that we will be tion to children of elementary or secondary asked to consider a number of other pro sented a clear and convincing case school age) that such agency is located in posals to provide Federal assistance for against the adoption of catastrophic NHI whole or in part within an area in which health care. As either an alternative to in the January 1977 issue of Private an emergency (as defined in section 102(1) or a precursor of comprehensive NHI, Practice magazine. I am inserting that of the Disaster Relief Act of 1974 ( 42 U.S.C. legislation has been proposed that would article in the RECORD for the benefit of 5122(1))) or a major disaster (as defined provide mandatory and universal health my colleagues: in section 102 (2) of such Act ( 42 U.S.C. 5122 PRIVATE CATASTROPHIC HEALTH INSURANCE FOR (2))) has occurred after August 30, 1965 insurance for catastrophic illnesses. A FAMILY OF FOUR: $1 A WEEK and prior to July 1, 1978, which in the deter While I would not dispute the fact that mination of the President pursuant to sec some Americans experience great eco (By Llewellyn H. Rockwell, Jr.) tion 301 of such Act (42 U.S.C. 5141), is or nomic hardship as the result of acci Americans aren't storming the Capitol de threatens to be of sufficient severity or mag dents and long-term illnesses, which ex manding National Health Insurance. But the nitude to warrant emergency or disaster as public support that does exist--leaving out sistance by the Federal Government; or"; haust both their insurance benefits and those ideologically biased in favor of govern (2) by striking out clause (1) (B) and in savings, I feel that the need for national ment control of everything-rests on the un serting in lieu thereof the following: ized catastrophic insurance has been derstandable fear of financial disaster "(B) the Com:nissioner determines with greatly exaggerated. Before we adopt through catastrophic 1llness. respect to any such agency, without regard such a plan we must first examine Before we can rationally discuss the neces to whether an emergency or major disaster whether the problem of catastrophic ill sity or desirab1Uty of a catastrophic NHI b111, has occurred in the area, that public ele nesses is sufficiently widespread to jus we need to answer some questions: mentary or secondary school facillties of tify the great expense of Federal insur How widespread is catastrophic lllness? such agency have been destroyed or seriously How available is private health insurance damaged prior to July 1, 1978, as a result ance. that will cover such lllnesses and end the risk of any of the catastropes listed in section Nearly all Americans are covered by of financial wipeout for the average fainily? 102(1) of such Act (42 U.S.C. 5122(1)), ex either private health insurance or Gov How much does such coverage cost? cept any such catastrophe caused by negli ernment-financed medical care such as How many Americans already have this gence or malicious action; and" medicare, medicaid, CHAMPUS, or VA. coverage? (3) in clause (2) by striking out "dis More than 180 million of us have some For some fam111es, a hospital b111 of $750 aster" and inserting in lieu thereof "emer kind of private health insurance plan would be catastrophic. Others could pay gency, major disaster, or catastrophe", and $7,500 without strain. In most studies, how by inserting "emergency, major disaster, or" and 135 million have a form of cata ever, $2,000 and $5,000 are the most common before "catastrophe"; strophic coverage. Statistically, only 1 figures. (4) in clause (3) by striking out "dis percent of the population is struck by Six years ago, Dr. Francis A. Davis made a aster" and inserting in lieu thereof "emer catastrophic illness-bills of more than study of catastrophic medical expenditures in gency, major disaster, or catastrophe"; $2,000, and of those, more than 80 per Shawnee, Oklahoma, where he practices. (5) in clause (4) by striking out "in the cent are over 65 and covered, therefore, Greater Shawnee, with a population of case of any such major disaster", and by by Government programs. For the re 50,000, was close to the U.S. average in num striking out "impaired by such disaster" and mainder, private insurance and/or fi bers of hospital beds and hospital admissions inserting in lieu thereof "impaired by such per 1,000. In that year, he discovered, only emergency, major disaster, or catastrophe"; nancial resources suffice to pay the bills one percent--72 patients-had bills of more and of all but a few of these patients. The than $2,000. Of those 72, 6D--84 %-were over (6) in the portion that follows clause number of people left unprotected under 65 and already covered by a government pro- (4)- our present system of mixed private and gram. Ten had private catastrophic coverage, (A) by striking out "such agency suffered public coverage is hardly large enough and two had the resources to pay their own a disaster" and inserting in lieu thereof "an to warrant a Federal program costing a bllls without trouble. Hardly a crisis. But emergency, major disaster, or catastrophe minimum of $20 billion annually. what about the country as a whole in these occurred" in the sentence beginning with days of significantly higher costs? "Such additional assistance"; Aside from the fact that a catastrophic Health researcher Michael Meyer decided (B) by striking out "disaster" and insert NHI plan would benefit only a small seg to find out. His results are reported in the ing in lieu thereof "emergency, major disas ment of the population, most of whom best study of this question yet published. ter, or catastrophe" in the sentence begin- have no need for additional coverage, the "Catastrophic illnesses and Catastrophic January 31, 1977 EXTENSIONS OF REMARKS 2871 Health Insurance," sponsored by the Herit Despite his apparent commitment to a Ken 35 million American homes waste the age Foundation of Washington DC (1974). nedy-Corman-srtyle comprehensive NHI plan, equivalent of 130 million barrels of oil Meyer used a scientifically selected sample some Washington observers believe President of 132 hospitals in 25 states involving almost Carter will propose catastrophic coverage as a annually, simply because they lack ade 26,000 patients. first step toward a. complete government quate insulation. Further, home heating All kinds of hospitals were surveyed, but takeover of the medical care system. units can frequently be made more en the psychiatric and other longterm hospitals Most probably, such a plan would pay all ergy efficient with regular maintenance provided some especially interesting data: expenses over $2,000. And the cost the first and the installation of certain devices "1. While psychiatric patients comprise only year, the Congress of County Medical Socie which will improve the thermal efficiency 2 percent of the total hospital admissions, ties estimates, would be about $20 billion. of the system. That is, about $370 for a family of four the average psychiatric hospitalization is a In catastrophic expense . . . approximately vastly more expensive than private coverage. an attempt to provide homeowners $8,000. 2. Patients in tubercular and other And given the example of past government with both the ability and incentive to respiratory disease hospitals and longterm medical programs, we could expect the cost make energy saving improvements, I general hospitals, comprising .4 percent of to grow at a frightening rate. introduced H.R. 1466 on January 6. This the total hospital admissions, also have . . . Of course, $20 billion is a fraction of what legislation would amend the Internal catastrophic illness expenses (averaging) comprehensive NHI would cost. But even it Revenue Code to permit the individual a $6,000." This 2.4 percent of hospital admis would exert a high price in bureaucratic tax credit for 25 percent of amounts paid sions plays a disproportionate role in the controls on patients and doctors, with plenty or incurred for the installation of more total figures. of incentives to shoddy care and corruption And 19.3 percent of all the patients in thrown in, if Medicaid is any guide. effective insulation and heating equip the survey were receiving Medicare assist Although it would be the least onerous ment in existing residential structures up ance. But only 0.9 percent of all the patients form of NHI, the distortions it would intro to a total of $375 to $750 in the case of a whose bills were less than $9,000 were on duce into the marketplace might make joint return. The concept embodied in Medicare; 40 percent of those whose bills catastrophic NHI the beginning of the end this measure enjoyed wide suppart in the exceeded $3,000 were Medicare patients. for private medical care in America. Congress last session, only to be dropped The total results showed that: The key to stopping this kind of govern by the conference on the Tax Reform Act 8.7 percent of all patients had hospital ment intervention in medicine is doctors in expenses over $2,000. forming patients about the private, non of 1976. It has the endorsement of nu .3 percent of all patients had hospital ex bureaucratic coverage available now. If mil merous energy experts, including former penses over $10,000. lions more buy it, the cost will drop dramati Federal Energy Administrators John 4.2 percent of all patients had hospital ex cally. Sawhill and Frank Zarb. penses over $5,000. Organized medicine and lobbyists for the In the one week since I wrote to my The increase over Dr. Davis's figures can health insurance industry are working for colleagues asking them to join me in sup be explained by the major contributors to their own forms of government medicine, porting this bill, 35 Members have agreed rising medical costs: Medicare and Medicaid, spending millions in the process. They don't to cosponsor my conservation legislation. government inflation of the money !fupply, really believe in it, but see it as a preferable and costly governmental hospital regulations. alternative to Kennedy-Carman. The cosponsors, who represent both Of course, only a minority of Americans But what if they spent their time ar.d parties and all regions of the Nation, go to the hospital in any one year. Applying money telling the American people about the include: these findings to the entire population, Mey private coverage available, and encouraging Mr. Harrington of Massachusetts. er showed that .8 percent of all Americans pools and other non-governmental solutions Mr. Mazzoli of Kentucky. have expenses in one year exceeding $5,000; to insurance for the presently non-insur Mr. Lagomarsino of CalLfornia. but of this .8 percent, almost 80 percent able? The promoters of government-con Mr. Lehman of Florida. are either psychiatric or Medicare patients. trolled medicine might not have a chance. Mr. Wilson of Texas. In other words, leaving aside these two spe Mr. Broyhill of North Carolina. cial categories (where government is so heav Mr. Moakley of Massachusetts. ily involved), only .16 percent of all Ameri Mr. Kostmayer of Pennsylvania. cans have seriously catastrophic expenses A WAY TO SAVE ENERGY Mr. Corcoran of lllinois. in any given year. Mr. Thompson of New Jersey. PRIVATE HEALTH INSURANCE Mr. Lott of Mississippi. Mr. Moorhead of California. The private health insurance industry HON. WILLIAM S. COHEN Ms. Mikulski of Maryland. like private medical care-is a supreme ex OF MAINE Mr. Lujan of New Mexico. ample of the way the free market responds IN THE HOUSE OP REPRESENTATIVES Mr. English of Oklahoma. to consumer demands. In 1847, the first Mrs. Fenwick of New Jersey. health insurance company wa.s founded. By Monday, January 31, 1977 Mr. Horton of New York. 1940, about 12,000,000 held policies. Today, Mr. COHEN. Mr. Speaker, the events Mr. Miller of Ohio. over 180 million Americans have some form Mr. Hettel of Hawaii. of private health insurance, individually or of the past week throughout the eastern Mr. Andrews of North Dakota. as members of groups. 135,000,000, according two-thirds of our Nation should convince Mr. Cleveland of New Hampshire. to the Health Insurance Association of Amer all Americans-especially those of us in Mr. Davis of South Carolina. ica, have some form of catastrophic coverage. Congress-of the perilous energy situa Mrs. Meyner of New Jersey. 85.5 million have comprehensive major medi tion facing the United States. Not since Mr. Edgar of Pennsylvania. cal insurance which pays, often, 100 percent Mr. Studds of Massachusetts. of everything over $1,000 (and usually 80 the Arab oil embargo of 1973 has the need been more apparent for Congress to take Mr. Corrada of Puerto Rico. percent under that) up to a maximum rthat Mr. Hughes of New Jersey. varies from $10,000 to $25,000, in most cases. quick steps to conserve our ever-dimin Mr. Coughlin of Pennsylvania. Most of the remainder of the population is ishing supplies of all forms of fossil fuels. Mr. Gephardt of Missouri. covered under some government program: Perhaps the most alarming and shame Mr. Cederberg of Michigan. Medicare. Medicaid, Champus, or VA. ful fact to emerge from the present Mr. Gilman of New York. But what about people who don't have this Mr. Fish of New York. coverage already? How much would it cost crisis is that as a society, we waste at for them? least one-third of the total energy we Mr. Treen of Louisiana. Mr. Long of Maryland. Financial advisor Sylvia Porter points out consunie. Several experts have put this that catastrophic coverage, which piggybacks figure even higher. Clearly, encouraging Mr. McKinney of Connecticut. on major medical, is surprisingly inexpensive. greater energy conservation and more I urge all of my colleagues who share A policy that pays all expenses up to $250,- efficient use of existing fuel supplies has our concern over America's profiigate 000, with a $10,000 deductible, costs a person become a major national priority. use of energy to join us in sponsoring this in the 25-29 age bracket $22 a year. Children One of the most elementary, yet im are $4 each. For a young family of four, in bill. Action now is imperative. If we de other words, catastrophic coverage eosts $52 portant steps that can be taken in the lay, the warm breezes of April and May a. year. For the individual 35 years old, the conservation area is to increase the en may wipe all memory of this winter's un cost is $32. At 45, it's $40; at 50, $44; at 55, ergy efficiency of existing residential pleasantness from our minds-increasing $48. Between the ages of 60 and 64, the cost structures by seeing that they are prop the likelihood of an even greater disaster Is still only $52 a year. erly insulated. The average uninsulated next winter. CATASTROPHIC NHI house wastes about 700 gallons of fuel If you wish to cosponsor this timely A number of catastrophic National Jiealth each year, and, in the present economic measure, please contact Tom Heyerdahl Insurance bills have been Introduced Into climate, we simply cannot ~olerate that of my staff at 56306 at your earliest op Congress. Long-Ribicoff is the best known. kind of waste. Indeed, studies show that portunity. 2872 EXTENSIONS OF REMARKS January 31, 1977 THE CONGRESSIONAL PAY RAISE bill instituting a job-safety program for gress has given them an example of self CAPER postal workers. Acting behind closed indulgence. doors, the Senate Post Office and Civil Worse, we have engaged in political Service Committee added the pay-raise chicanery in doing it. HON. WILLIAM L. ARMSTRONG proposal to the House-passed bill. On For these reasons, I have joined with OF COLORADO July 29, the bill was ratified by the full 70 other Representatives in introducing IN THE HOUSE OF REPRESENTATIVES Senate, 58 to 29, and sent back to the legislation to rescind the cost-of-living House. machinery and to require roll-call votes Monday, January 31, 1977 Did the proposal languish in the House on all future congressional salary in Mr. ARMSTRONG. Mr. Speaker, it Rules Committee, as run-of-the-mill creases. This legislation was bottled up in used to be that the only way we could legislation so often does? Not at all. The committee during the last Congress, and get a pay raise was to stand up and pub next morning, the committee, by a voice only the public outraged at the long way licly vote on it--a method which forced vote, suspended its rules in order to allow we have gone toward inflation-proofing us to listen to the feelings of our con the bill to be considered on the floor that ourselves and our counterparts in the stituents back home. It was a good sys very afternoon, July 30. executive and judicial branche~an tem and the vote to fatten one's own Debate lasted less than an hour. Sup spring it loose for consideration. pay'check was not taken often or lightly. porters of the bill said flatly that they For the time being, it seems to me that But that is in the past now. In the deserved a pay raise. Opponents called we in Congress have become a little less summer of 1975, Congress adroitly in the procedure a "sly backdoor trick" by representative than before. Our constitu sulated itself from ever again having to which Members were assuring them ents are being savaged by inflation-most run the pay-raise gauntlet. selves future pay raises without the po of them not fortunate enough to get Assiduously avoiding any publicity, we litical risk of recorded votes. When the automatic cost-of-living increases. As a hooked ourselves onto a mechanism that roll was first tallied, the opponents' reminder that the Nation's economic will mean semiautomatic pay raises year arguments seemed to have carried. But troubles have been caused, in large part. after year. Ironically, this means that we House Speaker Carl Albert ordered the by Congress, and will not be cured until lawmakers, who in recent years have con voting machinery kept open, and several Congress has the wisdom and courage to tributed so much to the spiraling cost of lawmakers were persuaded to change do so, I think we ought to suffer along living have pretty well removed our their votes. The result was approval by with the people who elected us. selves'from the consequences of inflation. one vote: 214-213. From now on, every year that salaries A month later, the President's Advi go up generally· in the Nation, Congress sory Committee on Federal Pay recom men will get a pay increase. There may mended an 8.66-percent cost-of-living LEARNING FROM HISTORY be some quibbling over the size of the increase for Federal white-collar work raise, but the trend will be inevitably ers. And, for the first time, Congressmen and others were included. President Ford HON. JAMES ABDNOR and regularly upward. OF SOUTH DAKOTA In 1974, we debated a pay raise for asked that the raise be held to 5 percent. ourselves, then backed down as the U.S. Although his recommendation carried, it IN THE HOUSE OF REPRESENTATIVES public, ravaged by inflation, let us know was merely a choice between a larger or Monday, January 31, 1977 in no uncertain terms that our salaries smaller salary increase. Mr. ABDNOR. Mr. Speaker, three of $42,500-a-year seemed adequate. When the legislative appropriations events and proposals of recent weeks dis Thereupon, Members in both the House btll was considered in the summer of turb me deeply because they all hinge on and Senate decided to set up machinery 1976, a number of amendments were our ability to defend ourselves and our that would end the embarrassment of suggested. While most were barred from relationship with the free world. I have having always to ask our employer-the even being considered by adoption of a previously told my colleagues of my ob public-for a raise. modified closed rule, Congress did vote to jections to the amnesty for Vietnam The greatest obstacle to this scheme forego a pay raise--but just for 1976. draft evaders which is now fact. My con was public opinion. So, in early 1975, The way this amendment was drafted, cern is also addressed to the proposed planning was quietly begun among om however, left two enormous loopholes. recognition of Vietnam and the propos cials of the Civil Service Commission, the First, the automatic pay raise machinery als for reduction in defense spending. White House, the Offi.ce of Management was left intact. So an automatic pay hike Whether we like it or not, every action and Budget, and key officials of the House will take place ag,ain in 1977, and 1978, we take is carefully watched by the rest and Senate Post omce and Civil Service et cetera, unless corrective legislation is of the world. We are recognized as the Committees. In time, the majority and adopted. sole guardian of the concept of individ minority staffs of the two committees Second, the language allowed the rec ual freedom on this globe, and as long drafted a bill that would give Congress ommendation of the quadrennial Com as we remain strong in our capability to men, Federal judges, and high-$36,000- mission on Executive, Legislative and defend this principle we will be respected. a-year and up-Federal executives the Judicial Salaries to be adopted. This chi Should, however, our actions as a nation same percentage cost-of-living pay hikes canery meant that Congress could vote be perceived anywhere as wavering in that all Federal employees receive--un against a pay boost and still get it. our strength and our determination to der the Pay Comparability Act of 1970-- But the basic fact remains: The law preserve freedom, weaker nations lack to keep their salaries in line with those now precludes the opportunity to vote on ing the courage and resolve to stand paid in comparable non-Government the more pertinent question of whether alone, will :flock to where they believe jobs. there should be pay raises at all. the strength lies. And therein lies the The whole operation was carried out in My opposition to pay increases is not peril of this trio of events. utmost secrecy. "We didn't want the facts based on my estimate of what Congress In a recent editorial on Radio KKLS, to get out before it was done," admits men should be paid-and, to be sure, the Rapid City, S. Dak., Abner Hunter one of the bill's engineers "We wanted to last previous pay raise was in 1969. In George reflected on our recent Bicenten move on this thing before editoria1 stead, I am concerned about the example nial observance and whether we had, in writers could have a field day." Each step set for the Nation. Our economic system deed, learned the lessons from our past was taken, as the nonpartisan Congres has been seriously damaged by Congress mistakes with relation to our place in sional Quarterly noted, "on the assump fiscal irresponsibility. We are not yet re the world that we should have learned. tion that routine handling would doom covered from a recession and the accom His remarks bear heeding by my col the bill to failure," that full debate would panying high unemployment c:!aused by leagues: trigger angry public reaction. runaway Federal spending, and already Thus, the bill's managers decided on we are seeing grim signs that continued EDrroRIAL BY ABNER HUNTEB GEORGE ON an old parliamentary ploy: Tacking the deficit financing may touch off new dou JANUARY 19, 1977 As I look back on the just completed pay raise onto a noncontroversial, totally ble-digit inflation. Under such circum Bicentennial celebration and consider what unrelated bill ready for quick :floor pas stances, this is a time for restraint. But, it all meant, I wonder if we failed to take sage. On June 16, the House passed by instead of giving Americans a demon note of some of the lessons of History. One voice vote and sent to the Senate a minor stration of prudence and sacrifice, Con- major part of that yeoar long look at our- January 31, 1977 EXTENSIONS OF REMARKS 2873 selves was to look back over the first two Although limited amounts of caffeine much as half the caffeine as a cup of coffee). hundred years to see what we did right ... may help clear the mind, fend off drowsi In addition to stimulating the brain, caf and what we did wrong ... in an effort to ness and speed up reaction time, it can feine stimulates the kidneys to produoe more apply the lessons learned over the past two urine. hundred years to make the next hundred cause many undesirable effects. Caffeine's virtues have prompted many years better. These are pointed out in the personal drug manufacturers to include it in medica Maybe, in our efforts to have a joyous cele health column of Wednesday's New York tions designed to relieve pain, premenstrual bration, we spent an inordinate amount of Times by writer Jane E. Brody. tension and cold symptoms (where it coun time on the good times of the past at the Brody reports: ters the drowsiness produced by antihista expense of the lessons we should have Large doses of caffeine-the result, say, of mines). Caffeine is also the active ingredient learned from the hard times. Did we neglect drinking several cups of coffee at one time or in over-the-counter drugs to help people stay to look carefully at some of the mistakes we 10 or more cups a day--can cause irregular or awake. In fact, the dose of caffeine in a single made? Are we in danger of repeating some rapid heart beats; insomnia; upset stomach: stimulant tablet is no greater than that in a of them? I see signs that we very Hkely increased breathing rates, blood pressure and cup of brewed coffee, but the unaware con might f'SJ.l into some traps that proved to be body temperature, nervousness and irritabil sumer may pay a lot more for caffeine in the serious blunders in fairly recent history. ity. drug than in the drink. I was born during world war one ..• the Caffeine and even decaffeinated coffee stim Caffeine, which constricts cerebral blood war to make the world safe for democ ulate the release of acid in the stomach, and vessels, is used to treat migraine-type head racy •.. and grew up in the interim before therefore coffee in any form is ill-advised for aches and to counter the effects of drugs world war two . . . the war to end wars. I ulcer patients. Patients with high blood that depress the central nervous system. It is served in the army in world war two, not pressure or fever may also be told to avoid being studied as a treatment for hyperac gloriously waving our cherished banner on caffeine, since it raises both body temperature tivity in children (in whom it has a calming high, but rather in the day after day and blood pressure. effect) and to stimulate breathing in pre drudgery that is more the real story of war mature babies who tend to stop breathing than the flaming battles for territory. Since November I have been urging during sleep. You don't have to be clairvoyant to reallze coffee drinkers to boycott the brew. Many At the same time, however, caffeine may that the world is neither safe for Democ have responded and there are signs that have untoward effects. It can interfere with racy, nor safe from war. The day to day re fine muscular coordination and, possibly, ports of world events are ample proof of that. the impact is being felt. But the heavy accuracy of tlmlng. Large doses of caffeine- Why then, does it seem to me that we are coffee drinker may encounter serious the result, say, of drlnklng several cups of going down the same path now that we trod withdrawal symptoms-headache, nau coffee at one time or 10 or more cups a day in the twenty odd years between the two sea, vomiting, depression, drowsiness--by can cause irregular or rapid heart beats; world wars. I remember while I was in col going cold turkey; these persons should insomnia.; upset stomach; increased breath lege in the 1930's how unpopular it was to be weaned gradually. ing rates, blood pressure and body tempera maintain a reasonable defense establish I commend Ms. Brody's column to my ture; nervousness and irritabllity. ment. The great depression was upon us. We colleagues and am inserting it in the Caffeine "addicts" have sometimes been had to do without the guns and the other mistakenly diagnosed as suffering from an weapons of war. We didn't need a trained RECORD at this point: anxiety attack and treated incorrectly with army or even a reserve force. The ~TC was [From the New York Times, Jan. 26, 1977] tranquilizers instead of eliminating the cause ellmlnated as a requirement for young men PERsoNAL HEALTH: CAFFEINE, A Two-FACED of their dlfilculty. in college. The world was at peace ... We DRuG, No MA'l"l'ER How You TAKE IT Sometimes caffeine has paradoxical effects. had other, more pressing problems. When (By Jane E. Brody) In some people it may cause a headache; 1n war came, we were completely unprepared. others it may relieve one. In some it ra.lses I can remember walking guard duty at Fort "Light, no sugar" . . . "Regular" . . . the amount of sugar in the blood; in others Francis E Warren with a baseball bat in "Black." ... Few who have grown up 1n the it lowers it (and may consequently stimulate stead of a rifle. Eastern part of this country need to be told hunger pangs or, rarely, a hypoglycemic re I wonder now 1f our country had even that these orders refer to the all-American action-a dizzy, weak, nauseated, headachy, been half prepared for the turn in world drink--coffee. More than half the world's cof irritable feeling). events if that war would ever have happened. fee beans are brewed here. The average adult The effects of caffeine show up within 30 I wonder too, if todays leaders are making American consumes 16 pounds, or approxi to 60 minutes of its ingestion and last sev the same kind of tragic decisions when they mately 800 cups, each year of this brown, eral hours. Half the amount consumed is refuse to provide modern weapons systems nonnutritive liquid extracted from the beans gone from the body within three and a half and call for further reductions in the armed of Coffee arabica and related spices. hours. forces. I hope we are never foolish enough But whether drunk light or dark, sweet or The source of caffeine does not seem to to think that the world will be a safe place bitter, hot or iced, with caffeine or without, make much difference in how rapidly it is without a strong, ready and well equipped one cup a day or 10, many people are con a.bsorbed into the blood, how high a level defense establishment. Just look back at the fused about the effects-good and bad-of is reached and how long it stays around. past fifty years and think about it. coffee and its constituents and where else Many people believe that while coffee in the Thank you. these inngredients may be obtained. evening will keep them awake, tea won't. ABNER HUNTER GEORGE. Recently the soaring price of coffee has A cup of tea does have less caffeine than forced some to think seriously about the role coffee-between half and three-quarters the coffee plays in their lives and whether they amount. But one careful study showed that could--or would want to-give it up or at on an empty stomach, the caffeine in tea is least reduce their consumption of it. absorbed as readily as that in coffee, and COFFEE AND YOUR HEALTH The most important ingredient in coffee when the same doses of caffeine are given as and the one primarily responsible for its con tea or coffee, the same levels of caffeine are tinuing popularity-is caffeine, a drug that reached in the blood. Instant coffee has lest> HON. BENJAMIN S. ROSENTHAL powerfully stimulates the central nervous caffeine than brewed coffee, but more than OF NEW YORK system and gives that fam111ar coffee "lift." tea. IN THE HOUSE OF REPRESENTATIVES Caffeine clears away mental cobwebs, relieves Caffeine and even decaffeinated coffee drowsiness, masks fatigue and creates for stimulate the release of acids in the stomach, Monday, January 31, 1977 many a general sense of well-being. and therefore coffee in any form is ill Mr. ROSENTHAL. Mr. Speaker, there Its antisleep properties led, according to advised for ulcer patients. Patients with high may be a silver lining behind that cloud legend, to coffee's discovery some thousand blood pressure or fever may also be told to over the world coffee supply. Soaring years ago by Arabian sheperds who watched avoid caffeine, since it raises both body their charges gambol about all night after tempera.ture and blood pressure. prices may turn out to be a boon for the eating the berries of the coffee plant. Although one major study indicated that health of coffee drinkers if it causes them Caffeine in small doses helps produce a coffee drinkers face an increased risk of to cut conswnption. clearer train of thought, a keener apprecia heart attack, two subsequent studies that The reason is caffeine, a powerful drug tion of sensory stimuli and a swifter reaction took other factors--including cigarette smok that stimulates the central nervous sys time. Its "pick-me-up" properties largely ac ing-into account found no such relation tem. It is the ingredient that gives coffee, count for the popularity of cola drinks, 20 ship. a nutritionless beverage, its distinctive ounces of which have roughly the same There have also been suggestions that ex amount of caffeine as a six-ounce cup of cessive coffee intake during pregnancy may popularity as a "pick-me-up." brewed coffee. increa.se the risk of stillbirth, miscarriage A 6-ounce cup of brewed coffee has be Since children are more· sensitive to the or malformations in the child. Although this tween 100 and 150 milligrams of Caffeine, stimulant effects of caffeine than adults, relationship has by no means been proved, about double the amount in tea and cola some doctors discourage youngsters from moderation in the use of caffeine-containing drinks; instant coffee falls somewhere in drinking colas and cocoa (depending on the substances during pregnancy would seem between. source of the chocolate, cocoa can have as wise. 2874 EXTENSIONS OF REMARKS January 3'1, 1977 An initial suggestion that coffee consump ules can mesh better with actual work week. The legislation is necessary be tion may increase the risk of bladder cancer flow, and because employees have a cause existing law forbids a workday of has not stood the test of further research. greater sense of personal responsibility more than 8 hours and a workweek of In laboratory studies, caffeine can cause for getting their jobs done, and per more than 40 hours without premium cancer-like changes in cells at doses 20 to 40 times higher than the highest level ever haps for other reasons as well. Since pay. This bill would also permit night measured in a habitual coffee drinker. productivity rises and since the costs of work under certain circumstances with At lower doses, caffeine seems to inhibit introducing a :flexitime program are out premium pay. the cancer inducing effects of other chemi small, this clearly means an increase in Let me give some clarifying examples. cals, and thus may be protective. However, efficiency. Under existing legislation, employees British studies suggested that another sub How does flexitime conserve energy? could choose to begin their workday any stance in coffee, chlorogenic acid, may en Chiefly by reducing gasoline consumption time between, say 6:30 and 9:30 and to hance the formation of cancer-causing nitro because rush hour traffic is spread out sam.ines in the stomach. end the day between 2:30 and 5:30, pro Heavy coffee drinkers who decide to break and thus relieved. Savings made in this vided they worked a full 8 hours. Under their addiction to caffeine should beware of way can be substantial. One study done my bill the workday could also begin and abrupt withdrawal. Dr. Morris A. Shorofsky by the Messerschmitt Co. in Germany end later, although there would still be of Beth Israel Hospital in New York reports estimated that 19,000 gallons of gasoline "core" hours in the middle of the day that sudden withdrawal can cause head were saved in 1 year by the 775 em when all employees would have to be ache, nausea and vomiting, mental depres ployees on flexitime. present. Also under my bill, an employee sion, drowsiness and a disinclination to Compressed hours schedules can also work. The symptoms, which begin 12 to 16 could choose to work, say, 10 hours 1 hours after the last dose of caffeine, can be save on costs of heating buildings if an day and 6 hours on a later day, or 45 relieved by caffeine. entire office or factory is on the same 4- hours 1 week and 35 hours another The best way to withdraw from caffeine, day schedule. The cost of warming up week, provided the workday still aver Dr. Shorofsky advises, is slowly, weanlng a cold building each morning after a aged 8 hours and the workweek still yourself a cup or two at a time over a period night of low or no heat need be borne averaged 40 hours. of a. week or more. only four times a week instead of five. The bill would also protect employees Caffeine content of common products The Governor of Minnesota is now put against coercion in the implementation [Amount caffeine per serving in milligrams] ting all State employees temporarily on of these programs. In addition, it would Foods and beverages: a 4-day week for just this reason dur stimulate the spread of flexitime by hav Brewed coffee, 6 oz. cup ______100-150 ing the current energy crisis caused by ing every Federal agency conduct one or Instant coffee, 6 oz. cup______86-99 this winter's unusually cold weather. more experiments with flexible hours. Decaffeinated coffee, 6 oz. cup___ 2-4 In addition to these broad social bene Tea, 6 oz. cup______60-75 Agencies for which this would be sub fits, flexitime offers important rewards to stantially disruptive could apply to the Cocoa, 6 oz. CUP------50 both management and labor: higher Cola, and Dr. Pepper, 12 oz______40-72 Civil Service Commission for an exemp Milk chocolate, 1 oz______3 morale among employees; reduced use of tion. The Civil Service Commission Bittersweet chocolate, 1 oz______25 overtime, sick leave and personal leave; would also study the experiments in [Amount caffeine per tablet in milligrams] virtual elimination of tardiness; length order to make recommendations to the ening of hours of service to the public at agencies about the most effective use of Prescription drugs: no extra cost; greater convenience to em Oa.fergot ------· 100 flexitime and to Congress about further narvon compound______32 ployees for combining work hours with legislation. Fiorinal ------40 personal and famlly responsibilities and Flexitime is one of those rare ideas Mlgral ------60 with education; reduced personnel turn which are good for both management [Amount caffeine per tablet in mlliigram.s] over; greater sense of responsibility by and labor, as it both raises productivity Over-the-counter drugs: employees in organizing their own work; and humanizes work. Numerous studies APC's, Anacin, Bromo Seltzer, and so on. The disadvantages appear to have amply demonstrated the desirabil Cope, Vanquish, Empirin com- be negligible. pound, Midol, Easy-Mens______32 ity of fiexitime in general; what re Virtually every firm or agency which mains to be studied is its application in Excedrin ------60 has tried flexitime is enthusiasti: about specific Federal agencies. It is for this Pre-Mens ------66 Many cold preparations______30 it. And it has been tried extensively, reason that my bill provides for at least Many stimulants, such as NoDoz__ 100 since its introduction in West Germany one experiment in each agency. Wher 10 years ago. Today, 50 percent of the ever flexitime has been tried, it has been white collar work force in West Ger such a success that it has spread rapidly. many and 40 percent of the entire Swiss This is an idea whose time has come. work-force are on flexitime. In the FLEXTIME: AN IDEA WHOSE TIME United States, such diverse companies HAS COME as Hewlett-Packard, Scott Paper, Sun Oil, and Occidental Insurance are on INTRODUCES BILL WITH INCEN- HON. STEPHEN J. SOLARZ flexitime. Within our Government, some TIVE TO INCREASE WORK OF NEW YORK 70,000 employees in over 50 units are FORCES already on a limited form of flexitime, IN THE HOUSE OF REPRESENTATIVES including civil servants in the Baltimore Monday, January 31, 1977 office of the Social Security Administra HON. BUTLER DERRICK Mr. SOLARZ. Mr. Speaker, I am in tion, the U.S. Army Tank Automotive OF SOUTH CAROLINA troducing legislation to enable and stim Command and the U.S. Army Natick IN THE HOUSE OP REPRESENTATIVES ulate new experimentation in the use Labs. of flexitime work schedules-called :flex Compressed hours schedules are ap Monday, January 31, 1977 itime--and compressed schedules in the propriate for a more limited number of Mr. DERRICK. Mr. Speaker, today I Federal Civil Service. agencies and employees, but where they introduced a bill to provide a significant This bill addresses two major problems are appropriate they provide important tax incentive to the private sector to in facing our Nation: the need to increase benefits in reduced commuting time, crease their work forces. Under my blll the efficiency of the Federal bureaucracy lower start-up and shut-down costs, each employer would receive a tax credit and the need to conserve energy. Virtu and more meaningful blocks of leisure of 50 percent of the wages of all new ally everywhere it has been tried, :flexi time. They usually involve a 4-day, 40- employees. The credit could not be used time has increased productivity, appar hour week, sometimes alternating with for more than 10 new hires and cannot ently for two kinds of reasons: First, standard 5-day weeks. exceed $80,000 a year. employees are present for more hours The legislatio;n I am proposing would Greater reliance must be placed on the since they make less use of leave time; amend existing legislation so as to make private sector if we are going to get our and second, the hours spent are more compressed schedules possible and to economy back to full employment. We productive--because they fit better with permit workers under ft.exitime to bank must get to full employment quickly if employees' biological clocks, because credit hours from day to day and from we are to balance the budget and allow very early and very late hours involve week to week, provided they continue all our citizens to enjoy the dignity and fewer interruptions, because work sched- to average 8 hours a day and 40 hours a financial security which comes from January 31, 1977 EXTENSIONS OF REMARKS 2875 having a full-time job. Right now there American workers are employed in the French authorities detain Abu Daoud. are more than 9 million people who wholesale and retail trades, the service The issue, however, turns ultimately not are unemployed or who have simply industries, and in small manufacturing on narrow procedural rules of interna given up looking fo'r work. Providing companies. Almost two-thirds of all U.S. tional law, but on broad principles of them with welfare drains the Treasury employers have less than eight em morality and justice. As Dr. Alfred P. and their plight touches all of us who ployees. Rubin, professor of international law at have known the fear, and the loss of per Of course some portion of this tax the Fletcher School of Law and Diplo sonal pride which comes from being un credit will reduce labor costs of those macy at Tufts University, wrote in the employed. employees who would have been hired commentary in the Christian Science My bill offers a large incentive to em without the tax credit and not induce Monitor on January 27: ployers to hire new people. The 50-per new hirings.1 It is probably impossible There may be some doubt whether France cent tax credit means that the Federal to prevent such "leagages"; elaborate was legally obligated by its extradition Government is willing to go half-way and cumbersome administrative pro treaties ... but, having determined to ex pel Abu Daoud as an undesirable alien, there with the private sector to solve our num cedures could be developed to mitigate was no legal inhibition on France expelUng ber one domestic problem-unemploy these effects but they probably would not him on an airplane whose next stop would ment. Every job created because of this work and their major impact would be have been Bonn or Tel Aviv. new tax incentive costs the Federal Gov to deter employers from using the tax ernment $3,100. This compares with the credit at all. Besides the economic im An outstanding editorial on this matter costs of a public service employment job pact of whatever leakages occur is salua in the January 13 edition of the Wal of $8,500; a public works job of $10,000 tory; using the credit for noninduced tham, Mass., News-Tribune, makes the to $12,000. employment increases has an identical same essential point: The Congressional Budget Office has impact on the firm as any reduction in What is shocking about the decision in the projected that 7 million new jobs are their taxes. By lowering costs such a gen French court is that a major civilized coun try of the west had second thoughts about needed by 1980 to absorb the new en eral tax reduction reduces pressures on bringing to justice a mass murderer of 11 trants to the labor force and to reduce firms to raise their prices, viz. it has an innocent young men at the Olympics. the unemployment rate to 5 percent. anti-inflation effect. While the public sector performs essen Where the cercli t is used to increase It is essential that the protests against tial services and employment there will employment we would expect an increase the release of Abu Daoud not fade quick grow we must place major emphasis on in real output. By stimulating employ ly into the background. The ease with the private sector to provide jobs for our ment and output the tax credit would not which Abu Daoud escaped justice stands people. Eighty percent of the work force place pressure on prices as do many as a source of encouragement to would is employed in the private sector and it traditional employment stimulating pro be terrorists throughout the world. Men has been the growth of the private sec grams, for example, public service em and nations committed to justice and to tor which has made our economy the ployment increases income but does not the fight against international terrorism strongest in history. increase the supply of goods and services must continue to make known their out After taking into account the normal available in the marketplace. rage at the French court's action and growth of the labor force and employ General tax reductions and tax in their determination to deal justly and ment my preliminary estimate is that centives to increase investment help courageously with terrorists. this employment tax .credit will induce stimulate employme_nt, but they are in I commend to the attention of my col the creation of 1.5 million jobs. This esti direct and inefficient tools for job leagues the essay by Dr. Rubin which mate is being currently evaluated by the creation. By directly reducing the costs appeared in the Christian Science Moni Congressional Budget Office and the De of hiring new people the Federal Gov tor and the Waltham News-Tribune edi partment of Treasury. The average cost ernment can directly and efficiently in torial, which follow: per job, under the tax credit proposal, is duce firms to expand their work forces. ABU DAOUD CASE: FLOUTING WORLD LAW about $3,000. This compares to $8,500 per (By Alfred P. Rubin) job for public service employment, Abu Daoud, accused of participating in the $10,000 to $12,000 per job under the ac kllling of Israeli athletes at the Munich celerated public works program, and CRITICISM OF FRANCE'S RELEASE Olympic Games In 1972, has been released $9,000 to $11,000 for Job Corps and WIN OF ABU DAOUD CONTINUES by France and has flown off to Algeria. There may be some doubt whether France was le training slots. gally obliged by its extradition treaties to The bill does not make the employ HON. ROBERT F. DRINAN turn him over to the police of West Ger ment tax credit a permanent feature of many, where his alleged crimes had their OF ~SSACF.nJSETTS the tax code. There is a ''sunset provi major effect, or to Israel, whose nationals sion" under which the credit expires IN THE HOUSE OF REPRESENTATIVES were the victims of his alleged crimes. But, automatically after 5 years unless ex Monday, January 31, 1977 having determined to expel Abu Daoud as an plicitly renewed by the Congress. Fur undesirable alien, there was no legal inhibi thermore, the Secretary of Treasury is Mr. DRINAN. Mr. Speaker, the shock tion on France expelling him on an airplane wave created by a French court's hasty whose next stop would have been Bonn or required to report to Congress, during release of the international terrorist Tel Aviv. the second and fourth years of imple known as Abu Daoud continues to rever The legal effect of France permitting this mentation, an evaluation of the employ berate. Men of conscience continue to accused accomplice of murder in West Ger ment creation effects of the credit, its criticize the decision to free one of the many to choose his own exit route was to net revenue loss to the Treasury, and treat him better than the law would have alleged perpetrators of the massacre of permitted had he been at all times a mem other information required for a com the Israel athletes at the Munich prehensive congressional review. ber of the armed forces of a state. The kill Olympics, despite extradition requests ing of civilians or, indeed, members of a This bill cannot cost "too much." from two nations. surrendered enemy military force is a so Every dollar spent supports the private France has repeatedly asserted various called "grave breach of the 1949 Geneva Con sector, provides jobs, and fights inflation. legal grounds which rendered invalid the ventions. Parties to those conventions, in The bill provides for a refundable em extradition requests from the Federal cluding France, West Germany, and Israel, ployment tax credit of 50% of the wages Republic of Germany and Israel; the are obliged "to search for persons alleged to of employees hired after the "base quar latter two nations have just as vigorously have committed ... such grave breaches, ter"; each firm can claim the credit for and . . . bring such persons, regardless of argued that they complied with interna their nationality, before (their) own courts" up to 10 "new" employees; there is a tional law in their requests that the or hand them over to other of the parties for maximum credit of $80,000 allowed for trial. Assuming Abu Daoud acted as a sol any taxable year. While the tax credit 1 This issue is relevant for all Federal tax dier, there can be little doubt that France is available to all employers, because of and spending programs, e.g., how much in has violated this international obligation the limitations on the number of new vestment would have taken place in the ab now, joining Algeria, Libya, Uganda, and hires and the maximum credit for ea.ch sence of the investment tax credit, how many other states in this regard. people would be hired by state and local France has also apparently violated the firm., we expect the credit to have its governments without public service employ general international law, based on custom greatest impact on small, labor-intensive ment, how much job training would be given and common sense, that in an international firms and industries. Almost half of by Industry without the JOBS program. order in which the principal actors assert for 2876 EXTENSIONS OF REMARKS January 3·1, 1977 themselves the exclusive right to govern their Why did France do it? Wyoming and other beef-producing own territory, and in which all states are France was threatened with the possible States have felt the adverse impacts of a equal before the law, it is forbidden to per loss of some Arabian and Algerian oll. combination of circumstances which is mit your territory to be a haven for those, In the French court, the French govern driving the small rancher and feeder out ment lawyers argued accused terrorist Abu whether politically motivated or not, who is commit depredations in other states' ter Daoud had not been sufficiently identified of business and threatening the exist ritory. It 1s a rule that is asserted in their even though the Arabs were claiming he was ence of larger operations. own favor by communist and third-world part of an official Palestinian Liberation Or We must seek steps to alleviate the states as well as by the United States and ganization mission. The Palestinians were in economic conditions which have set Western Europe. It is the basis for Cuban France to attend the funeral of a Palestinian upon this basic western and American complaints aimed at the United States, and activist shot down in the street by unknown way of life and industry, but we first American agreement that the U.S. has some assassins. must have a basic understanding of the responsibility to control anti-Castro activi The PLO lives by the sword and seems de problem. It is well set out in Mr. Mor ties based on its territory. termined to die by the sword. Even the It may be supposed that the desire to stay Syrians had enough of the Palestinian leftists gan's series. out of other people's quarrels, to avoid in and moved in to quell the civll war in I include the first of the series of ar volvement in the Arab-Israeli conflict, moti Lebanon. ticles from the January 30 Washington vated this French breach of international A succession of ambassadors from Arab Post in the REcoRD and I highly recom law and will inhibit the United States and countries charged into the French Foreign mend it to my colleagues: other states making their views known to Ministry to protest the arrest of the terrorist. (First of a Series) France and Algeria, as it has kept the U.S. In Algeria, a big oll source for France, the U.S. BEEF ECONOMY AT A CROSSROADS officially silent before other haven situations. administration's official newspaper said the But to argue that this negative encourage arrest "stripped naked the anti-Arab face of THREAT OF FINANCIAL RUIN HANGS OVER ment to political assassinations 1n third the (French) administration." THE CATTLE INDUSTRY st ates' territory can help to keep France or In Kuwait, Farouk Kadoumi of the PLO's (By Dan Morgan) the U.S. uninvolved defies rationality. And political wing threatened "there are Pal WALDEN, COLO.-In the back country to argue that the United States 1s not af estinian and Arab countermeasures to con ranges of the Rocky Mountains, ranchers fected legally by this failure to apply the law tain the matter.... The Palestinian re such as Bob Brownlee have been fighting a in a case involving a person accused of com sistance movement will not tolerate the mat constant battle against winter this year. plicity in a publicity-seeking orgy of killing ter if the French government hands over Abu On a recent day when the temperature was is to forget that the u.s. too can be host to Daoud to West Germany." near zero, Brownlee and his son-in-law, Olympic Games, and that there are many You will notice that the Palestinians in Newell Geers, were hacking a hole in the foreigners in the United States whose coun far off Kuwait did not have any doubt as to frozen creek with a double-edged axe to tries of origin are troubled by political the identity of the French prisoner. find water for the cow herd, and giving out groups willing to use assassination to relieve France recently signed an agreement whoops of joy when a trickle of water ap them of some opposition based abroad, even against terrorism with other European coun peared. Then they were off in their pickup when that opposition uses no other weapons tries, but the first time that agreement was truck, bumping across a washboard pasture than America's free press. tested, French justice sold its soul for on. and dropping off hay for the animals. In reality, the silence of the United States Israeli Foreign Minister Yigal Allon de It was all part of the cycle of work at the is a condoning of France, and generally of nounced the court decision as a "disgraceful far end of the country's beef pipeline, the political assassination in third countries, in surrender" to Arab pressure. He was right. $20-blllion-a-year system that keeps Amer cluding the United States. The PLO praised "French justice." It said icans supplied with the juicy steaks and Finally, it may be argued that the case of "everyone sees that someone wished to harm hamburgers that are almost a national sym Israel and the Arabs is somehow special; the good relations between the PLO and bol of American affiuence. that the economic and political importance France." Yet raising beef animals today is any of some Arab states outweighs the social The West German government's statement thing but a sure way to prosperity. value of upholding the rights of little Israel, said the release of Abu Daoud made "the The threat of economic ruin hangs over just as a prosecuting district attorney may fight against international terrorism" more the cattle industry, and the American beef choose not to apply the full vigor of the law difficult. economy is in the throes of major changes to a white-collar criminal whose victim is Daoud, when released, flew straight to Al brought about by the heaviest losses since not highly regarded socially. geria where he found sanctuary. the Dust Bowl days of the 1930s. To state the comparison is to expose hy The United States has had difficulty in Even in this remote valley, circled by pocrisy, not to justify it. Moreover, the vic persuading the civllized nations of the world mountains and once populated mainly by tim in this case is not only Israel, it is also to reject terrorism as an instrument of pol prairie dogs, antelopes and Indians, ranchers West Germany, whose crimlnal laws were itics. The Arabs know terrorism is the only are feeling the painful effects of sweeping violated by the 1972 Munich murders. And weapon the PLO has at the moment. And economic and social developments over it is also the United States, whose longer Arab morality is such that the end (of Israel) which they have had virtually no control. rabge interest in Western European unity justifies the means in murder). Some of the Brownlee rec.kons that he lost $30,000 on and the continued credlbtl1ty of the mutual so-called Third World nations don't want to his 1,500-acre operation in 1976, and he may defense commitments of France, West Ger antagonize the Arabs and some feel they have been lucky. As far as he is concerned many, and our other NATO allies, that is might have to use terrorist tactics sometime, consumers are getting a bargain on beef involved. so they aren't backing anti-terrorist policies. while he has been taking a financial beating. Most generally, it is the legal order, that What is shocking about the decision in the Brownlee and the ranchers around here have long-ignored and subverted bulwark of Amer French court is that a major civilized country lost money most of the last 36 months. Yet ica's security and world stab111ty, that loses of the west had second thoughts about bring the price· of steaks and hamburger in super force. How is it possible to claim the bene ing to justice a mass murderer of llinnocent tnJairkets is about what it was three years ago. fits of a law that assertedly forbids the tak young men at the Olympics. French justice Paradoxical as this situation may seem, ing of foreign investors' property without became a sham and hypocrisy. economic analysts say it is logical. But the prompt, adequate and effective compensa The wheels of history and justice grind same logic holds that the situation is cer tion, as the U.S. does, when it is silent about slowly. The day will come when terrorism will tain to be reversed. Then it will be the turn the legal consequences the same system at be aimed at French citizens. The day will of American consumers to pay more for beef. taches to the taking of life? To make a come when French parents, French sons and Starting in 1967, cattlemen steadily in "special" exception from stablllzing rules 1n daughters will weep in anguish. creased the size of their herds, from 108 mll that situation, in which the need !or re lion head then to 131 mlllion head in 1975. straint is the most important for all partici By late 1973, there was too much beef pants, is to indicate that respect for life and going to market. Retail stores had to keep property, security and stab.lt.tty, are not prices low in order to sell it all. These low America's goals at all. It is to accept one PLIGHT OF BEEF INDUSTRY prices were passed back through the beef side's assertions of rights to do violence in pipeline to wholesalers, meat packers, cattle the interest of its own version of "justice" fattening yards, and finally to ranchers. at the expense not only of the other side, HON. TENO RONCALIO All through the period, inflation and higher but at the expense of us all. OF WYOMIN G prices of hay, corn and other animal feeds IN THE HOUSE OF REPRESENTATIVES were adding to the costs of running ranches and fa.rms, even as the'prices that the cattle FRENCH SHAME Crvn.IZED WORLD Monday, January 31, 1977 men received when they sold their young Frenchmen should hang their heads 1n steers and heifers in the fall was staying too shame. Mr. RONCALIO. Mr. Speaker, yester low to make money. It was a crime against humanity to re day the Washington Post began an ex Ranchers began reading the economic mes lease the alleged commander of the Palestin cellent series of articles by Dan Morgan sage they were getting two years ago and ian terrorists who slaughtered 11 Israeli ath on the plight of the beef industry in the .reacted by reducing the size of their herdS. letes at the 1972 Olympic games in Munich. United States. Since then, a beef slaughter unprecedented February 1, 1977 CONGRESSIONAL RECORD-SENATE 2877 in the history of the United States has been At. Brownlee's Bar-Slash-Bar ranch, the cracked a whip and drove the animals into under way. cycle of breeding and birth sets the agenda a sawdust covered corral. When the animals In 1973, only 33 million animals were for the farm work. The 550 cows in the got rambunctious, cowboys in the corral butchered. The number jumped to 36 mil herd will have their calves in April. Brown stepped behind wooden barriers. lion the following yeaa-, then to a record 40 lee, Geers and a hired hand will take up Tom Nix, a 61-year-old farmer from Eaton, million in each of the next two years. The a 24-hour vigil then, checking on the moth Colo., sold 35 steers to another farmer, Don total number of cattle in this country de ers and calves and scaring off intruding Anderson. Nix had bought the animals in clined in 1976 by 4 million. More important coyotes with spotlights. It costs about $176 September and "grained them," fed them than that, the country's cow herd-the ''fac to keep one of the cows for a year. That is corn for the last month, waiting for cattle tory" that produces tomorrow's steers and money down the drain when a young calf prices to start up. But he had grown tired heifers-has been drastically depleted. dies or is killed. of waiting. In 1976, 10 million cows were killed, about In August, the father and son-in-law will "I don't know how he (Anderson) can buy twice as many as three years earlier. Most become cowboys, riding horses to round up 'em and still expect to make money," he said. of them were ground up for hamburger cows and head them back to the pens around The government doesn't have any exact es meat. the barns for artificial insemination with timates of the cattlemen's losses, but bankers Consumers have been the immediate bene bull semen. say they are in the billions of dollars. The factors of this massive slaughter. It has They will also turn bulls loose in the herd cattle industry is stretched financially to ~1.elped to hold down beef prices at a time as a failsafe measure in case the artificial the breaking point. when everything else seems to be going Wl. breeding doesn't work. They are no second Denver banker Ron Hays says the debts Consumers ate up all the meat that came chances for cows. If they fall to get pregnant, of ranchers and cattle fatteners are "stagger to market, but only after retail stores had they are sent to the packing house. ing," because they have acquired huge long set a price for it that was low enough to This same breeding cycle also imposes a term mortgages from banks to cover the costs induce them to buy. Americans tend to rigid, economic· framework on the rancher's of their losing operations. spend a constant 2.5 per cent of their money operations. Hays said that because of the great demand for beef. When it is a good bargain they buy In a few months, Brownlee will be mak for money insurance companies such as Pru more, and when it is expensive they switch ing decisions that could have financial reper dential, Connecticut General and Connecticut to other food, such as cheaper pork or chick cussions in 1980. Mutual have moved aggressively into agri en. With beef prices fairly reasonable in This fall, Brownlee wUl decide how many of this spring's calves to keep as replace cultural lending in the West, using land as 1976, they ate a record 129 pounds per per collateral. son, compared with 116 pounds four years ments for old cows sold for hamburger. These There have been few actual foreclosures o! earlier. heifers won't be bred until the summer of 1978. They will calve in the spring of 1979, the kind that swept the West after the 1930's In effect, Americans are eating their way Depression. However, many hard-pressed cat out of a huge surplus of beef. and the steers or heifers they produce won't be ready for slaughter until mid-1980. Only tlemen have had to raise money to keep oper Brownlee and ranchers such as him still ating by putting first and second mortgages have a fundamental faith in the laws of then will Brownlee get a return, unless he decides to sell the animals when they are on their property. This has been possible only supply and demand. They figure that when because land values have risen rapidly. less meat goes to market, prices should start younger. to rise again and they can begin turning Brownlee finds himself locked into such a The rising land values have provided a profits. cycle now. He figures he needed to get 65 safety net for the western cattlemen. East But nobody knows for sure when the cents a pound for the 450-pound steer calves of the Rocky Mountains, in Colorado, South losses will end in the cattle industry. If he was ready to sell last December. But the Dakota, Oklahoma and Texas, undeveloped the prices of steak and hamburger rise too best offer he got was 36 cents a pound. pastureland that can be irrigated for crops abruptly, consumers might switch to pork, Rather than lose money, he decided to place has jumped in price from around $150 an poultry, or even spaghetti. That happened them in a fattening yard in Greeley, Colo. acre to nearly $1,000. in the 1973 beef boycott, and it sent prices He says he needs 45 cents a pound for the Inflation, climate, and population growth plummeting. If it happens again, it could fattened animals. But packinghouses were have played a part in rising western land signal a fundamental change in the Amer paying under 40 cents in late January. values, but so has the increased return on ican diet. Last fall he lost $26 a head on the full crops such as wheat and corn after 1972. Americans have eaten a steadily increas grown an1ma.1s he sold to a packinghouse. Thousands of acres of grasslands have been ing amount of beef since 1920, but there are At some periods in the last three years, cat switched to crops as prices of those grains at least some signs that the trend is end tlemen have lost as much as $100 a head, rose. ing. If it is, cattlemen could be in,for some according to the U.S. Department of The equation of land, crops and cattle does further unpleasant shocks. Agriculture. not seem to be working to the long-range In the 90 years since settlers moved into The atmosphere was all gloom at a weekly advantage of consumers. At some point, beef this valley the grassy ranges have been cattle auction at the Greeley Producers Pub prices will have to reflect the price of ~e fenced, a railroad spur has been driven lic Stockyards in January. land on which the cattle are raised. It they through from Wyoming, and oil and coal Standing in front of a big sign that said "Enjoy Beef Everyday," a professional auc do not, farmers and ranchers will find othe! companies have dug wells and opened sur uses for their valuable real estate. That can face mines. But cattle is still a mainstay tioneer called out asking prices and offers to of the economy. rows of overalled cattlemen, as a cowboy only mean less beef at higher prices.
SENATE-Tuesday, February 1, 1977