EXTENSIONS OF REMARKS October 17, 1977

Page 120, line 18, strike out "(4)" and "(11) shall be $375 for each month of any Page 126, line 3, strike out "1982" and insert in lieu thereo! " ( 5) ". taxable year ending after 1979 and before insert in lieu thereof "1986". Page 120, line 20, strike out "5.45 percent" 1981, Page 119, line 15, strike out "5.05" and in­ and insert in lieu thereof "5.55 percent". "(iii) shall be $416.66% for each month of sert in lieu thereof "5.15". Page 120, line 21, strike out "(5)" and any taxable year ending after 1980 and before Page 119, line 18, strike out "5.15" and insert in lieu thereof " ( 6) ". 1982, insert in lieu thereof "5.25". Page 120, line 22, strike out "6.00 percent" "(iv) shall be $458.33% for each month of Page 120, line 2, strike out "5.45" and and insert in lieu thereof "6.10 percent". any taxable year ending after 1981 and before insert in lieu thereof "5.55". Page 121, line 13, strike out "1985" and 1983, Page 120, line 4, strike out "6.00" and insert in lieu thereof "1982". "(v) shall be $500 for each month of any insert in lieu thereof "6.10". Page 121, after line 15, insert the following taxable year ending after 1982 and before Page 120, line 13, strike out "5.05" and new paragraph: 1984, and". insert in lieu thereof "5.15". " ( 4) in the case of any taxable year be­ Page 222, line 8, strike out "(11i)" and in­ Page 120, line 16, strike out "5.15" and ginning after December 31, 1981, and before sert in lieu thereof " (vi) ". insert in lieu thereof "5.25". January 1, 1985, the tax shall be equal to Page 222, line 10, strike out "1979" and Page 120, line 20, strike out "5.45" and 7.85 percent of the amount of the self-em­ insert in lieu thereof "1983". insert in lieu thereof "5.55". Page 222, strike out "in 1977 or 1978" in Page 120, line 22, strike out "6.00" and ployment income for such taxable year;". line 18 and all that follows down through the Page 121, line 16, strike out "(4)" and in­ insert in lieu thereof "6.10". end of line 24 and insert in lieu thereof "in Page 121, line 10, strike out "7.10" and in­ sert in lieu thereof " ( 5) ". 1978, 1979, 1980, 1981, or 1982.". Page 121, line 18, strike out "8.20 per­ sert in lieu thereof "7.25". Page 223, line 6, strike out "1977" and Page 121, line 14, strike out "7.70" and cent" and insert in lieu thereof "8.35 per­ insert in lieu thereof "1978". cent". insert in lieu thereof "7.85". Page 121, line 20, strike out "(5)" and in­ Page 125, strike out lines 22 through 25 Page 121, line 18, strike out "8.20" and sert in lieu thereof " ( 6) ". and insert in lieu thereof the following: insert in lieu thereof "8.35". Page 121, line 21, strike out "9.00 percent" "(A) in 1978 shall be $19,200, Page 121, line 21, strike out "9.00" and and insert in lieu thereof "9.15 percent". "(B) in 1979 shall be $22,200, insert in lieu thereof "9.15". By Mr. STEIGER: "(C) in 1980 shall be $25,000, Page 122, line 9, strike out "1.00" and Page 222, strike out lines 3 through 7 and "(D) in 1981 shall be $26,000, insert in lieu thereof "0.90". insert in lieu thereof the following: "(E) in 1982 shall be $27,000, Page 122, line 23, strike out "1.00" and "(i) shall be $333.33% for each month of "(F) in 1983 shall be $28,700, insert in lieu thereof "0.90". any taxable year ending after 1978 and before "(G) in 1934 shall be $30,300, and Page 123, line 15, strike out "1.00" and 1980, "(H) in 1985 shall be $31,800." insert in lieu thereof "0.90".

EXTENSIONS OF REMARKS A RESOLUTION FROM THE VffiGINIA I ask unanimous consent that the text SUNSET HEARINGS PORT AUTHORITY of the Virginia Port Authority resolution be printed in the RECORD. There being no objection, the resolu­ HON. JAMES J. BLANCHARD HON. HARRY F. BYRD, JR. tion was ordered to be printed in the OF MICHIGAN OF VIRGINIA RECORD, as follows: IN THE HOUSE OF REPRESENTATIVES IN THE SENATE OF THE UNITED STATES A RESOLUTION EXPRESSING CONCERN OVER THE Monday, October 17, 1977 FuTURE OF THE PANAMA CANAL AND THE Monday, October 17, 1977 POTENTIAL EFFECT ON THE PORTS OF VIRGINIA Mr. BLANCHARD. Mr. Speaker, the Mr. HARRY F. BYRD, JR. Mr. Presi­ SHOULD THE CANAL BE CLOSED OR TOLLS Subcommittee on Legislation and Na­ dent, one aspect of the proposed Panama DRAMATICALLY INCREASED tional Security of the Committee on Gov­ Canal Treaties which has not yet been Whereas, much attention has been given ernment Operations held hearings this to the new treaties dealing with the position morning on the concept of "sunset" adequately explored is the likely eco­ of the United States with respect to the legislation. nomic impact should those treaties be Panama Canal; and ratified. I would like to take this opportunity to Whereas, the Panama Canal is one of the thank the committee chairman, Con­ Carter administration officials have major maritime gateways of the world pro­ viding Virginia ports and Virginia businesses gressman JACK BRooKs, on behalf of already conceded that there will prob­ the 140 Members of the House who have ably be an immediate 25- to 30-percent with considerable economic benefits evi­ denced by the fact that ships carried 10,700,- sponsored the various sunset bills which increase in tolls to help meet the costs of 000 tons of cargo, valued at $1.6 billion from Congressman MINETA and I have intro­ the treaties and this will surely have an and to Virginia's ports via the Panama duced this year. The Goverment Opera­ effect on the amount and types of goods Canal in 1976; and tions Committee's schedule has been ex­ sent through the canal. Whereas, Virginia industries, agricultural tremely crowded, and we appreciate the Such an increase would also have an products and coal mines contributed some chairman's courtesy in setting time aside adverse effect on cargo tonnage handled 2,100,000 tons of cargo valued at $320 mil­ lion to this total; and for us. by Atlantic and gulf coast ports and on Whereas, this port and business activity For the benefit of those members who longshore employment in those ports. provided some 22,500 jobs to Virginians; and are interested in the sunset concept, I I have today received a resolution from Whereas, the continued avilability of the would like to insert my te.!;timony before the board of commissioners o! the Vir­ Canal at tolls competitive with alternate the subcommittee in the RECORD. The ginia Port Authority concerning the pos­ methods of cargo movement is essential to testimony follows: sible effects of the canal treaties on Vir­ economic health in the Commonwealth as loss of the use of the Canal or prohibitive Mr. Chairman and members of the subcom­ ginia ports and employment. toll increases have the potential to divert mittee, I am grateful for the opportunity to The port authority estimates that over cargo from Virginia ports and to dislocate appear before you today to testify on the 22,000 jobs in the Commonwealth of Vir­ 22,500 Virginia jobs; and concept of "sunset" review of federal spend­ ginia are generated by Virginia ports and Whereas, such loss in jobs and maritime ing programs. I know that the schedule o! commerce would also lose to the Common­ your committee has been extremely crowded their related business activity and that this year. and I appreciate your willingness those jobs could be put in jeopardy by wealth $100 million spent to handle cargo and $6 million generated in direct taxes to to make time available for us on this issue. nonavailability of the Panama Canal or a Virginia.. The idea of sunset has come a long way substantial increase in canal tolls. Now therefore be 1t resolved, by the Board since Congressman Mineta and I introduced Mr. President, I am sure that other authority in regular meeting assembly at our "Truth in Budgeting b111 in 1975. ports on the eastern seaboard and the Richmond, Virginia, this 12th day of Octo­ I believe that is because there is a genuine gulf coast woultl be similarly affected and ber, 1977, that the Virginia Delegation to need for legislation of this type-an over­ the Congress of the United States is respect­ whelming need. therefore I believe that this matter fully urged to protect the uninterrupted The size and complexity of the federal should be fully explored by the Congress and efficient use of the Panama. Canal at government are such that if we are to try during the course of consideration of the tolls competitive with alternate methods of to exercise oversight in a reasonably effec­ proposed treaties. cargo movement to the ports of Virginia.. tive way, Congress must have a structure October 17, 1977 EXTENSIONS OF REMARKS 34029 which lends itself to efficient and regular It is unfortunate that some have seized streamline the organization of what is now program review. on the termination date as the embodiment an extremely complicated process, and to As all of you know, the variety and num­ of sunset. As we view the entire sunset con­ deliver a message that Congress is really in­ ber of federal spending programs which are cept, the termination date is intended as a terested in bringing better management into going on today are 11 ttle short of bewildering triggering device to ensure program review­ its work. And at a time when the number of not only to the novice, but to the seasoned to ensure a conscious decision on programs. new projects we can undertake is severely veteran. For this reason, our legislation is geared limited by budgetary constraints, it seeks to Examples of the apparent waste and du­ around the specific program reauthorization. turn the focus of Congress toward improv­ plication which can result are not hard to If a program is "terminated" for any rea­ ing what is already in place. find: son, only the funding is knocked out. The I do not endorse sunset as a panacea; we A 1971 General Accounting Office (GAO) substantive law remains on the books. have seen far too many programs labeled as study found 11 different child care service The basic structure of our legislation, and such in the past, and I hope we have out­ programs operating in the District of Colum­ that now pending in the Senate, is as fol­ grown the practice. I do believe this con­ bia alone, administered by the Department lows: cept wlll allow us to get more of our dollar's of Health, Education and Welfare (HEW), First, it sets out a schedule for review at worth out of government spending. I also the Department of Housing and Urban De­ fixed intervals of all programs, by budget believe that without this concept we in Con­ velopment, and the Department of Labor. subfunction; gress wlll not be intelllgent partners with A 1973 HEW study found 50 federal pro­ Second, it requires that a program be con­ the executive branch when important deci­ grams providing help to handicapped youth. sidered according to that schedule in order sions about spending priorities are made. Fourteen separate units within HEW admin­ to receive new budget authority; Sunset is a logical and needed means of al­ istered the programs, and the GAO, which Third, it requires that the authorizing lowing us to strengthen our oversight and examined the HEW report, found that there committee's report on the reauthorization budgeting capabillties, and to continue the was no central coordinating point. answer certain basic questions about the effort we are all engaged in, of making our There are over 1,000 federal programs ad­ program; government better in the future than it is minstered by 52 agencies; they include 302 Fourth, it establishes a procedure by which today. health programs and 259 community devel­ the House and Senate can select specific pro­ COSPONSORS OF BLANCHARD-MINETA SUNSET opment programs. Even using a more specific gram areas, from among those scheduled for LEGISLATION termination during a particular Congress, for heading does not help-there are 27 different Wllliam M. Brodhead, (D-Mich.), Joel vocational education programs. intensive evaluation, and sets out guidelines for such an in-depth evaluation. Pritchard (R-Wash.), Joe Moakley (D-Mass.), Not long ago, the Senate Subcommittee Marilyn Lloyd (D-Tenn.), Richard L. Ot­ on Intergovernmental Relations, which was Fifth, it provides for a means of extending tinger (D-N.Y.), Marjorie S. Holt (R-Md.), then considering Senator Muskie's S. 2, asked a program's life in the event that it becomes Millicent Fenwick (R-N.J.), G. Wllliam the GAO for a list of federal programs, along subjected to a filibuster or some other delay­ Whitehurst (R-Va.), Leo C. Zeferetti (D­ with their committees of jurisdiction. ing tactic (without, however, any increase in funding). N.Y.), Stephen L. Neal (D-N.C.), Willis D. The "Table of Federal Programs" which Gradison, Jr., (R-Ohio), Andrew Jacobs, Jr. resulted listed 160 programs under the juris­ These are the main features of the sunset (D-Ind.), Ed Jones (D-Tenn.), Mark W. diction of the Human Resources Commit­ structure. I am certain that your subcom­ Hannaford (D-Calif.), Don Fuqua (D-Fla.), tee. Asked to comment on this listing, the mittee has the needed expertise to form John F. Seiberling (D-Ohio), Jim Santini Committee replied that it exercised jurisdic­ them into the shape which wlll be best suited (D-Nev.), Robert W. Edgar (D-Pa.), James tion over 682 programs. for the needs o! the Congress. C. Cleveland (R-N.H.), Bob Traxler (D­ The "Table" lists a total o! 1,250 programs. In the House, we now have 140 cospon­ Mich.), Edward I. Koch (D-N.Y.), Charles The federal catalog of domestic assistance for sors. In the Senate, there are over 50. Whitley (D-N.C.), Benjamin A. Gilman (R­ the same year listed 1,030. And so forth. I have been seeking the opportunity to N.Y.), and Nick Joe Rahall, II (D- W. Va.). testify before you because I believe it is im­ Clearly, when there is stlll so much question Martha Keys (D-Kan.), Berkley Bedell (D­ as to the actual number of federal programs, portant to begin moving toward a sunset law in the near future. Iowa.), Dale Milford (D-), Blll Fren­ we can conclude that overall evaluation of zel (R-Minn.), Les AuCoin (D-Ore.), John J. federal spending is stlll in a rather early The obvious political benefits of the sunset idea have not been lost on many in the LaFalce (D-N.Y.), Claude Pepper (D-Fla.), stage of its development. John J . Duncan (R-Tenn.), Richard H. !chord Add to that uncertainty the fact that the House, and I foresee a stream of amendments and proposals going at the concept piecemeal (D-Mo.), Gladys Noon Spellman (D-Md.), House of Representatives has 29 committees Paul Simon (D-Ill.), Donald J. Mitchell (R­ with 15 subcommittees, and that budget au­ unless some form of comprehensive approach is undertaken. N.Y.), Elllott H. Levitas (D-Ga.), Jerome A. thority for some programs expires each year, Ambro (D-N.Y.), Robert F. Drinan (D-Mass.), !or others every two years, for still others Most recently, as I am sure you are aware, sunset was proposed as an amendment to the Edward P. Beard (D-R.I.), Michael T. Blouin not at all, and the need !or a simpler struc­ (D-Iowa), Norman E. D'Amours (D-N.M.), ture for dealing with federal spending be­ Department of Energy bill. Subsequently, I should note, the confer­ Christopher J. Dodd (D-Conn.), Floyd J. comes plain. Fithian (D-Ind.), Carroll Hubbard, Jr. (D­ Mr. Chairman, despite the beginning we ence committee, which included, I believe, some members of this committee, agreed to Ky.), Wllliam J. Hughes (D-N.J.), Robert J. have made with the Budget and Impound­ Cornell (D-Wis.), and Jim Lloyd (D-Cal.). ment Control Act, the federal budget today detailed sunset provisions which are similar, if not identical, in their intent to what we George Miller (D-Calif.), Jerry M. Patter­ remains basically out of control. So much is son (D-Calif.), Martin A. Russo (D-Ill.), going on at once in so many different areas are proposing here today. The DOE bill requires a comprehensive re­ Henry A. Waxman (D-Callf.), Timothy Wirth that even with all due dlllgence, effective (D-Colo.), Charles Wilson (D-Texas), Charles oversight is extremely difficult. view by the executive branch of each pro­ gram carried on by the department, and sets J. Carney (D-Ohi.o), Elwood Hillis (R-Ind.), There are three major aspects to sunset, WilliamS. Cohen (R-Me.), Kenneth L. Hol­ as represented by the latest version of our forth review guidelines which are identical to the in-depth sunset guidelines which Ire­ land (D-S.C.), Wllliam Lehman (D-Fla.), bill. (I should mention at this point, by the Charles E. Bennett (D-Fla.), Richard A. Gep­ way, that we are here in support of a con­ ferred to earlier. I mention this because I want you to un­ hardt (D-Mo.), Ronald V. Dellums (D­ cept, rather than rigidly adhering to a specif­ Callf.), Joseph L. Fisher (D-Va.), Bob carr ic blll-we have introduced several bllls em­ derstand that the legislative idea we are of­ bodying various related and similar provi­ fering today is something which is already (D-Mich.), Glenn M. Anderson (D-Callf.), sions during the last year.) beginning to be written into law. The prob­ Barbara A. Mikulski (D-Md.), Gerry E. lem, as I see it, is that if it is written into Studds (D-Mass.), PaulS. Trible, Jr. (R-Va.), The first is a regular review of all federal law in variable, piecemeal fashion-with Norman D. Dicks (D-Wash.), Charl1es E. spending programs on a three-Congress, six­ one provision finding its way into one bill Grassley (R-Iowa), Cardiss Collins (D-Ill.), year cycle. and others into others-it will only add to Joseph S. Ammerman (D-Pa.), and Phlllp R. The second, a concept that to my mind the confusion, rather than decreasing it. It Sharp (D-Ind.) . is even more important, is consideration of will add to our workload without a rational James R. Mann (D-S.C.), Matthew F. Mc­ programs in the same functional ca. tegories system. I want very much to avoid that Hugh (D-N.Y.), Matthew J. Rinaldo (R-N.J.), at the same time and in relation to one an­ prospect. We have seen it happen to good Henry J. Nowak (D-N.Y.), Shirley Chisholm other. ideas in the past, and sometimes they never (D-N.Y.), Bob Stump (D-Ariz.), Lucien N. That is a concept which Congressman do get completely straightened out. Nedzi (D-Mich.), James H. Scheuer (D-N.Y.), Mineta wlll be discussing in greater detail, Sunset has a lot of appeal because it makes Silvio o. Conte (R-Mass.), Robin L. Beard and so I will leave it !or him. good sense. At a time when it is becoming (R-Tenn.), William M. Ketchum (R-Oa.ll!.), The third is the idea of a fixed termina­ clear that some programs in which we have Harold C. Hollenbeck (R-N.J.), Gus Yatron tion date, basically as an action-forcing invested a lot o! money are yielding less re­ (D-Pa.), Edward W. Pattison (D-N.Y.), Har­ mechanism, to make sure that both Con­ turn than we had hoped, sunset seeks to have old Runnels (D-N.M.), David F. Emery (R­ gress and the executive branch take the sun­ programs examined and questions asked Me.), Augustus F. Hawkins (D-Callf.), Leon set process seriously, and to make sure that about what they are accomplishing. At a E. Panetta (D-Calif.), Thomas J. Downey (D­ each and every program receives some form time when public confidence in government N.Y.), John Krebs (D-Callf.), David E. Bonior of review. institutions is low, it seeks to simplify and (D-Mich.), Newton I. Steers, Jr. (R-Md.), 34030 EXTENSIONS OF REMARKS October 17, 1977 Baltasa.r Corrada (P.R.), Peter H. Kostmayer John Alexandar, lli; Jennifer; Beth and to sacrifice this reputation by turning down (D-Pa.), and Theodore S. Weiss (D-N.Y.). Michael. a plane none of us, protesters or admirers, Romano L. Mazzoli (D-Ky.), Mendel J. Ever since their arrival in Los Angeles, has ever heard? Davis (D-S.C.), Don Edwards (D-Calif.), Tom Harkin (D-Iowa), Louis Stokes (D-Ohio), John and Mary have been staunch sup­ Patricia Schroeder (D-Colo.), Austin J. Mur­ porters of philanthropic causes for the phy (D-Pa.), Robert Duncan (D-Ore.), Armenian and American communities. SUNSET REVIEW CONCEPT J. Herbert Burke (R-Fla.), Andrew Maguire John was one of the founders of the State (D-N.J.), Douglas Walgren (D-Pa.), David w. Rubbish Collectors' Association; an in­ Evans (D-Ind.), John W. Jenrette, Jr. (D­ spector for the Teamsters' Union, as well S.C.), Bruce F. Vento (D-Minn.), Thomas B. as the owner-operator of a thriving HON. NORMAN Y. MINETA Evans, Jr. (R-Del.), Gene Snyder (R-Ky.), business, the Eagle Rubbish Co. OF CALIFORNIA Thomas A. Luken (D-Ohio), Ronald A. Sara­ Mr. and Mrs. John Andikian were in­ IN THE HOUSE OF REPRESENTATIVES sin (R-Conn.), Marc L. Marks (R-Pa.), Doug­ strumental in founding and working Monday, October 17, 1977 las Applegate (D-Ohio), Bruce F. Caputo (R­ tirelessly for the Armenian Educational N.Y.), Ad'am Benjamin, Jr. (D-Ind.), and Blll Mr. MINETA. Mr. Speaker, the Sub­ Lee Evans (D-Ga.) . Home in East Los Angeles. They have been active in politics, giving freely of committee on Legislation and National John B. Breaux (D-La.), RobertS. Walker Security of the Committee on Govern­ (D-Pa.), Cecil (Cec) Heftel (0-Hawail), Dan their time, energy and money to dem­ Glickman (D-Kan.), Mickey Edwards (R­ ocratic causes. ment Operations, chaired by Congress­ Okla.) , Donald J. Pease (D-Ohio), Robert J. John Andikian has served on the board man JAcK BROOKS, today held hearings Lagomarsino (R-Calif.), Max Baucus (D­ of trustees at Saint Sarkis Armenian on the various legislative proposals be­ Mont.), Doug Barnard (D-Ga.), Larry Winn, Apostolic Church, The Ararat Home for fore the House which embody the sunset Jr. (R-Kan.), Dan Daniel (D-Va.), Dave the Aged, anC. the Armenian Educational review concept. I am particu:iarly grate­ Stockman (R-Mich.), Albert Gore, Jr. (D­ Home. He has thrilled audiences with his ful to Mr. BROOKS for taking time from Tenn.), William F. Goodling (R-Pa.), Glenn his hectic legislative schedule to conduct English (D-Okla.), Thomas N. Kindness (R­ acting ability in many artistic produc­ tions for the Armenian community. this inquiry into sunset. Ohio), Allen E. Ertel (D-Pa.), Paul E. Tsongas The Task Force on Budget Processes (D-Mass.), William F. Walsh (R-N.Y.), Tom John and Mary retired from their Corcoran (R-Jll.), John E. Cunningham (R· business activities in 1976, but they did of the Budget Committee, of which I am Wash.), Clarence E. Miller (R-Ohio), and not, by any means, retire from life. Mr. a member, has been studying various Margaret M. Heckler (R-Mass.). Speaker, I know that you and my col­ budget reform proposals and have found leagues join me in wishing the Andikians sunset to be especially intriguing. Par­ a glorious celebration of their 50th wed­ ticularly given the extraordinary growth ding anniversary, and many more years of uncontrollable spending in the Fed­ JOHN AND MARY ANDIKIAN-50TH of health and happiness. eral budget, we are convinced that some WEDDING ANNIVERSARY kind of Federal spending oversight re­ form would be especially timely. For the benefit of the many Members HON. GEORGE E. DANIELSON THE CONCORDE AT O'HARE of Congress that share my concern about OF CALIFORNIA AIRPORT the confusion that is pervasive in our IN THE HOUSE OF REPRESENTATIVES budget I insert the complete text of the Monday, October 17, 1977 testimony I gave at Mr. BRooK's hear­ HON. EDWARD J. DERWINSKI ings: Mr. DANIELSON. Mr. Speaker, on OF ILLINOIS TESTIMONY OF CONGRESSMAN Sunday, November 6, 1977, two of my NORMAN Y. MINETA IN THE HOUSE OF REPRESENTATIVES constituents and good friends, John and • Mr. Chairman and Members of the Com­ Mary Andikian of Monterey Park, Calif., Monday, October 17, 1977 mittee, I want to commend you for holding will be celebrating their 50th wedding these hearings on the sunset review concept. Mr. DERWINSKI. Mr. Speaker, the Sunset is an idea which has been talked anniversary. I would like to share with possibility of the Concorde landing at my colleagues some of the background about a great deal over the past two or three other cities outside of New York and years. I think it is important for the Com· of this remarkable couple who were mar­ Washington, D.C., has developed as are­ mittee on Government Operations to sift ried on November 12, 1927, in Los An­ sult of President Carter's recent decision. through all of this talk and see if there is geles. One of the possible cities that would really something there. My colleague, Jim Mary-nee Kachadorian-Andikian provide the Concorde service is Chicago's Blanchard and I think there is. arrived in the U.S.A. in 1917, having O'Hare Airport. In an editorial of Sep­ Our bill-the Sunset Program Evaluation emigrated from Armenia with her par­ Act is not perfect, but the concept is sound. ents, Mr. and Mrs. Louis Kachadorian tember 26, Chicago-TV Station WLS I urge you and your committee to give this and family. They settled in Providence, very objectively discusses this subject: bill and the others before you a thorough R.I., then later moved to Los Angeles, THE CONCORDE AT O'HARE AmPORT review, evaluate them and tell us what you If President Carter has his way, the Con­ think. If Sunset is going to make a contri­ Calif. bution to our legislative process there is a John Andikian emigrated to the U.S.A. corde supersonic jet wm soon make regularly scheduled flights to O'Hare Airport. Of great deal of hard work ahead of us. I be· from Alexandropol, Armenia, with his course, federal authorities admit the Con­ lieve that the Committee on Government mother, Mrs. Elizabeth Andikian in 1921. corde is noisier than other planes. And for Operations is best equipped to undertake the He settled in Los Angeles, where he has that reason, some Chicagoans want to ban comprehensive evaluation necessary to fash­ since been living. the Concorde from our city. ion and implement a bill that will be com­ Mary and John were married in the We think their protests are premature­ patible with current Congressional proce­ Holy Cross Armenian Apostolic Church and here's why. First, the Concorde has flown dures. of Los Angeles on November 12, 1927. In in and out of Dulles Airport, near Washing­ As Mr. Blanchard indicated, the objective ton, D.C., for a year and a half, with few com­ of Sunset is straightforward: It seeks to com­ 1928, they had a daughter, Helen, now plaints. The decibel count is higher, but pel the periodic review of federal spending Mrs. Robert M. Shamlian. In 1939, their many residents say the extra noise really programs in order to determine whether or son, John Jr., was born. The Andikians isn't detectable. Another point--as one of the not they should be continued. Most Sunset saw to it that both children had college 12 cities proposed for concorde landings, legislation contains two basic components: degrees. Helen is a graduate of UCLA Chicago could benefit from the extra flights. 1. An "Action-forcing" mechanism which They could be both a convenience, and an carries the threat of automatic termination; and John, Jr., is a graduate of Whittier and College. Helen was a schoolteacher for economic plus for our city. If city officials agree, British Airlines and 2. A framework for the systematic review 21 years and John, Jr. is vice president Air France could bring the Concorde to Chi­ and evaluation of past program commit­ in charge of the Dairy and Bakery Divf­ cago for a few trial flights. The antl·no1se ments. sion of CertifieJ Grocers. protesters should welcome this opportunity, In other words, sunset would make manda· John and Mary are proud of their five not stand in its way. O'Hare became the busi­ tory what is now voluntary: the legislative est airport in the world by taking advantage oversight of on-going Government activities. grandchildren, Helen and Robert Sham­ of its midwest location, using every oppor­ Further, it would encourage Congress to pur­ lian have one son, Greg. John, Jr. and tunity to provide easy access to all the· busi­ sue its oversight responsibUities in a system­ Theresa Andikian have four children, ness hubs of this continent. Are we wllllng atic, logical fashion. October 17, 1977 EXTENSIONS OF REMARKS 34031 As envisioned in this bill Congress would ing. Sunset is a necessary adjustment to the doubtedly enhance the effectiveness of the establish a review cycle that would force modern recognition that Federal resources oversight process. Congress to reconsider all Federal spending are scarce. New programs and initiatives can To highlight the importance of a review programs at least once every six years. The no longer simply be thrown on top of a Fed­ procedure that would proceed along categor­ review cycle is arranged by broad program eral heap. ical budget subfunctions let me speak to you areas-subfunctions of the budget--so that If we are ever to begin to examine the to­ from the perspective of my former job as all program within a given area will be exam­ hlity of our $500 billion budget we will need Mayor of San Jose. As mayor, I was the re­ ined together. This sunset is a process that something like sunset--a procedure that cipient of some of the billions of dollars of tries to better enable us to determine which forces us to review programs in a systematic Federal grant programs directed at state and programs do not effectively fulfill the pur­ fashion. Our studies at the Budget Commit­ local governments. Seen from the local level poses for which they were created, which ones tee make it clear that money will not become these grant-in-aid programs are the epitome duplicate other programs, or simply no longer available for substantial new federal initia­ of confusion and inefficiency. The confusion reflect the priorities of the American people. tives in the future unless programs that no makes it nearly impossible for the individual The arguments for sunset are compelling. longer have high priority can be identified programs to achieve their objectives. To make them I would like to draw from my and eliminated, and the resources they cur­ The funds-almost $80 billion in fiscal year experience as a Member of the Budget Com­ rently consume made available for emerging 1978-are disbursed under a variety of pro­ mittee and as former Mayor of San Jose, needs. grams and for a variety of purposes. One California. As I mentioned at the beginning of my major objective is to provide income security Being on the Budget Committee has given statement, being on the Budget Committee and basic services to individuals-yet despite me better appreciation of two aspects of has convinced me that many of the programs almost $25 billion of programs I doubt if rece-nt budget growth: first, the growth of which are the basic tools of fiscal policy sim­ we will provide security to those who need uncontrollable spending-and what the im­ ply do not work. Let me elaborate: it. Other grant programs support on-going plication of that uncontrollab111ty is for our The Budget Committee has the principal public services, demonstration projects, the future budget decisions; and second, many responsibility for assisting in the setting of construction of public facilities, the acquisi­ of the individual programs which make up total fiscal policy. Yet we are forced to fash­ tion of land and the purchase of durable recent budget growth, the programs that are ion fiscal policy without knowing how indi­ .equipment yet local governments are still the basic tools of Federal fiscal policy do not vidual programs work-aggressive, systematic starved for funds. work. program evaluation is a crucial piece missing State and local governments also have the To begin let's consider uncontrollable in our budget process. While we have suc­ ultimate responsib1lity for many programs spending: despite the fact that the Consti­ cessfully given ourselves a tool to set Macro enacted to counter recession. Countercyclical tution firmly and explicitly vests Congress economic budget policy, we do not yet have a programs, such as public service employ­ with National power over the raising and systematic mechanism to assess the Micro ment, antirecessioq aid and local public expenditure of Government funds there is an economic effects of individual programs. works amounts to almost 13 percent of the obvious discrepancy between that Constitu­ Mr. Brooks, before the Task Force on Federal budget for fiscal 1978-but still the tional authority and the actual ability of Budget Process of the Budget Committee on economy seems to be in need of more Congress to control spending. A single sta­ October 5, you said " ... the Budget Com­ stimulus. tistic sums up this discrepancy: for fiscal mittee can provide real insight and leader­ Rather than concentrating solely on find­ 1978 more than $330 billion Federal expendi­ ship in solving two major economic problems ing more stimulus programs we ought to find ture~-about 75 percent of total" budget out.­ confronting this Nation: widespread unem­ out exactly why our existing programs do lays-is recorded by the Office of Management ployment and inflation." I hope you are right not work. One of the explanations for the and Budget as "relatively uncontrollable but, unless the Congress as a whole can begin failure of many of our grant-in-aid and under existing law." If Congress had taken to provide information on the effectiveness of stimulus programs is no doubt the com­ no action with respect to fiscal 1978-if we on-going programs, I am afraid we will all peting, often contradictory objectives of in­ had adopted no budget resolutions, if we had be disappointed. dividual programs. I feel that much of this written no new legislation, if we had made The failure of current fiscal policy is obvi­ could be eliminated by focusing Congres­ no additional appropriations-virtually all ous. After several years of continued deficit sional scrutiny on entire sub-functional of the $330 billion would be spent anyway. spending, we are stlll saddled with relatively areas on a regular basis, rather than just Unless we begin to take steps to confront poor economic growth, high rates of inflation, programmatic parts in the piecemeal way we this problem of uncontrolled spending we and persistently high levels of unemploy­ do now. will be overwhelmed by our budget. ment. One is forced to conclude that our Such a systematic review process should During the decade that OMB has collected present programs are not working-it is time also serve to eliminate some of the "red tape" data on budget controllability, uncontrollable associated with assistance programs which to start a wholesale, critical reexamination of show up locally as added costs to overbur­ expenditures have soared from $9:J billion to all of our past programs and initiatives. If we an estimated $330 billion. Uncontrollables are to make room in the budget for programs dened taxpayers, and which is not directly accounted for 59 percent of total expendi­ related to the attainment of any program that can counteract recession, that can pro­ objectives. tures in 1967, but as I noted earlier, they are vide jobs and training, and that can assist projected to be 75 percent of exP.enditures in the needy, we must scrutinize existing pro­ Mr. Chairman, as I have tried to indioate, 1987. It is important to realize that approxi­ grams and eliminate those which are not we must begin to limit budget growth and mately of the total increase in budget out­ improve the cost-effectiveness of on-going * working. programs. This is essential to our Congres­ lays during the past decade has been in While the Budget Committee does recom­ uncontrollable spending. From fiscal 1967 sional budget process and it is essential to mend overall spending and revenue figures, improved Federal-local relations. Because through fiscal 1976, Federal outlays rose by it cannot undertake the critical scrutiny of about $210 billion, more than $170 blllion of there are severe needs which are not being government programs which is essential. address<'d and national problems that must that was in uncontrollable spending. That is the prerogative and responsibility of The growth of uncontrollable spending be attended to, we cannot allow present pro­ the various authorization and appropriation gram deficiencies to continue uncorrected. wreaks havoc on our budget process and is committees. If we are to meet the twin goals forcing us to change the way we think about For example, we have spent billions of dollars of a balanced budget and a full-employment on health care and have enacted hundreds the future. Until recently we could anticipate economy, the Committees of the House must that economic growth would deliver an ample of health-oriented programs, yet the funda­ accept their oversight responsib111ties and mental pro·blem of providing quality health fiscal dividend which would be available for devote their resources and energies to weed­ future programs. Multiyear budget projects care at a price people can afford is not ing out bad programs. solved. We spend billions of dollars each commonly show a surplus in the future which I believe sunset will help Congress perform we can use for new program starts. Unfortu­ year on education, yet every year students its oversight responsibilities effectively. The graduate !rom high school without basic nately, given the growth of uncontrollable Task Force on Budget Processes is currently spending-with even the year-to-year incre­ reading and writing skills. We spend billions studying mechanims which will improve Con­ of dollars on transportation, yet in many re­ ment in the budget becoming more uncon­ gress' ab111ty to review commitments more trollable (a fact due to the many entitlement spects transportation is a less vital sector of effectively. Sunset is one of the mechanisms our economy than ever before and major programs which are indexed so their pay­ we have found to be promising. However, it is ments automaticg.lly adjust to the cost-of­ questions of intermodal imbalance remain important to point out that sunset itself is unaddressed by Congress' piecemeal, pro­ living index) when the future arrives we are not a device that will automatically make already encumbered by past decisions and gram-by-program deliberations. These are Congress go beyond the kind of review that the kinds of questions that Congress might our budget surplus is gone. it can now do in the course of normal over­ If we don't begin to fashion tools to man­ better answer if it e.ssessed all programs sight activities. However, introduction of within a given fundamental category at the age this uncontrollable spending we wlll be deadlines through sunset provisions would overwhelmed. Sunset is one of those tools. It same time. encourage program review by budget sub­ Chairman Brooks, in my opinion the most will help enable us to manage our budget +o function on a regular basis, and guidelines fulfill some of our campaign promises abo ..... t pre::sing task before Congress must be to for an efficient detailed review procedure strengthen its control over the way we spend making government more efficient, eliminat­ such as that suggested in Title III of the money. If our efforts at budget reform are to ing bureaucratic waste and reducing spend- sunset Program Evaluation Act would un- be successful Congress must be more than a 3.4:032 EXTENSIONS OF REMARKS October 17, 1977 r"Ubber-stamp accounting procedure that currently available is ample testimony to the ton's best kept secrets. This September 9, the sums up expenses incurred as a consequence confused state of affairs in the Federal Washington Post Editorial page article 1 of past actions with little regard for what budget. The development of a program in­ these actions accomplish. A budget process ventory is essential to the successful imple­ raised questions: first, the reasons for State must provide genuine opportunities for mentation of any procedures which try to Department's cover-up of the true nature of making spending decisions. Decisions that improve oversight-! would think that the the Torrijos regime; second, the reasons the while not completely free of past emcum­ Committee on Government Operations would State Department devised elaborate false· brances are not so predetermined by the past be especially well qualified to aid in the de­ hoods to deny my husband a vistor's visa as to prevent meaningful and effective choice. velopment of such a list. to accompany his American wife and Ameri­ Naturally any legislation that seeks to Before I conclude my statement, I would can daughters to the U.S. this past August. I change the way the Congress conducts its like to point out the advantages of an over­ look to the Members of Congress to explore business must be enacted only after long sight system that proceeds along budget these implications. and detailed study. The procedure in the subfunctional categories. By bringing up all THE WASHINGTON YEARS Sunset Program Evaluation Act and the programs within a given area at the same I met and married Leopolda Aragon, a changes it has gone through in the past time we could more readily determine which Panamanian international journalist when he year are a good example of how a sunset programs duplicate or overlap others, and was assigned to Washington. He had received Lrigger mechanism can be integrated into which programs operate at cross-purposes. his law degree in the United States and com­ the Congress. For example earlier versions We could be better equipped to alter, consoli­ pleted graduate studies in International Law of the b111 were unrealistic in the timeframe date, reduce, or eliminate on-going programs, and Journalism in Spain and France.2 Our and review procedure which they called for. ultimately improving and co-ordinating Critics justifiably claimed that the addi­ Congressional management of federal agen­ twin daughters, now attending college in the tional Ccmmittee workload would be enor­ cies and programs. United States were also born here. Leopolda mous tt.at reauthorization bills would be Mr. Chairman, the bill which my colleague covered the White House, State Department passed with no additional oversight and that Jim Blanchard and I bring before you is and the Organization of American States for automatic termination could wipe out on­ certainly not perfect-but it shows what can several Latin American and European news­ going programs accidentally. be done if one takes the sunset concept papers. His first book, in Spanish, "The The Sunset Program Evaluation Act ad­ seriously. This bill goes a long way towards Kennedy Era-Inside Washington" was pub­ dresses these criticisms. In place of the ear­ the successful integration of sunset into the lished then. At that time I worked for State lier more rigid provisions it establishes a existing authorization and appropriation Department with a top secret clearance. Later longer 6 year review cycle that take a two­ system. I am not asking you to pass thts I worked with the Organization of American track approach giving the Committees of bill-! think a good deal of work remains to States. I have long been deeply involved with Congress ftexibility-guaranteeing that they be done. But I am asking you to make it one civil liberties and civil rights as my husband will set their own priorities. of your major legislative concerns over the was devoted to the cause of human rights. As Mr. Blanchard pointed out Title I of next year to foster a b111 whose procedures In 1007 my husband was assigned to the bill establishes a schedule for automatic will be effective in achieving sunset and pro­ Czechoslovakia by Interpress Service. We termination and reconsideration of all but a gram review goals. went with him. After nine months he was few Federal programs. Title III provides a summarily given 48 hours to leave the coun­ method for Congress to select a number of try. He had writtel) too many truths about programs for intensive evaluation. Nothing communism. in the sunset concept would require Con­ THE PANAMA EXI'ERIENCE gress to embark on a wholesale evaluation of HUMAN RIGHTS IN PANAMA all programs scheduled for termination. In 1971 Leopolda was assigned to Panama. When a given program 1s scheduled for ter­ For the first time since our marriage we went mination under the provisions of Title I the HON. ROBERT J. LAGOMARSINO to make our home in his native land. authorizing Committee will decide whether OF CALIFORNIA He was to set up Interpress Service. He also to re-authorize the program in such scope IN THE HOUSE OF REPRESENTATIVES wrote articles for the local press and later and detail as it deems appropriate. developed a daily news analysis program on Title III however establishes a procedure Monday, October 17, 1977 Radio Impacto. At first he viewed the polit­ for the selection of certain programs to be Mr. LAGOMARSINO. Mr. Speaker, I ical scene with a hopeful and opt>n mind. As subjected to in-depth evaluation. Under would like to bring to the attention of his views developed he began to express them these procedures it is the authorizing com­ privately and then publicly. mittees which are the principal determinants my colleagues the following statement As a working journalist, he was shown a of the selection process. by Rose Marie Aragon before the House Corps of Engineers Draft Position Paper This approach recognizes important char­ Committee on International Relations dated February 16, 1968. That paper, accord­ acteristics of Congressional committee activ­ on the issue of human rights violations ing to notes my husband gave me to carry to ity-thaj some programs require more in­ in Panama. I believe that this statement the Un!.ted States, noted that popular oppo­ depth evaluation than other programs and is extremely significant in light of the sition had rejected the 1967 proposed canal t.hat the authorizing committees must ulti­ fact that the Carter administration and treaties that the Panamanian democratic mately decide what those programs are. government had negotiated with the United The Sunset concept in this b111 also em­ the State Department claim that the hu­ States. The paper concluded that a new ploys a safeguard against automatic termi­ man rights violations in Panama have treaty could not be passed in Panama except nation. Title V sets out provisions for the not reached intolerable levels: under a strong military dictatorship. This privileged consideration of a "sunset re­ TESTIMONY OF ROSE MARIE ARAGON U.S. paper recommended Torrijos as the lik­ authorization bill." These provisions would Mr. Chairman: I deeply appreciate the op­ liest man to do the job. At that time, my hus­ ensure that no program would be terminated portunity of appearing before this Commit­ band told me about this in Panama, but sug­ because of procedural delays and that the tee. I am Rose Marie Aragon, born in Argen­ gested it was better that I not know further Congress will be given an opportunity to tina, a naturalized U.S. citizen and the details. vote !or a continuation of the program. A widow of Leopolda Aragon who immo­ At the end of July 1972 Leopolda, on his "sunset reauthorization bill" would extend lated himself last month before the American return trip from a sllort assignment in funding tor a program at no more than cur­ Embassy in Stockholm protesting the viola­ Mexico, stopped in Costa Rica at the lnvita­ rent appropriation level for anywhere from tions of human rights in Panama and the tion of Gonzalo Faszio, Minister of Foreign one year to the full length of the review signing of a treaty with the Torrijos dictator­ Affairs. At the dinner that evening there was cycle. ship. also President Figueres. They held a frank It is important to realize that it is not Gentlemen, I sometimes think that the conversation about the situation in Panama. the intent of sunset to terminate programs. blessings of freedom and democracy are more These were the subjects on which Leopolda Termination of budget authority is merely a appropriated and more precious to a natural­ was later interrogated. mechanism to force Congress to make a ized citizen. Some of you in this prestigious ThP next day, on his arrival at the Panama decision regarding the future of individual chamber may well remember those feelings International airport, Leopolda was arrested programs. expressed by your own parents. by the G-2, the Security Arm of the National Of special concern to this subcommittee is With deep personal pain, I w111 describe Guard. Title II of the b1Il which provides guidelines the jailing without trial, the torture and im­ His arrest was witnessed by a friend who !or the development of a program inventory prisonment of my late husband, Leopolda informed the family. But the Guard Head­ of all Federal programs by budget function Aragon, in the infamous penal colony of quarters told me they knew nothing about and sub!unction. Under this title the Con­ Coiba, the Devils Island of Panama. my husband. After 4 days G-2 admitted to gressional Budget Office, working with the I will tell of, and offer documentation of a lawyer friend that they were holding authorizing committees would compile and the systematic and continuing pattern of Leopolda, but warned him not to take the continually update such a list. Obviously, if gross violations of internationally recognized case. That lawyer suggested another who had one is to review all Federal programs within human rights by Panama's dictator, Omar worked for other political prisoners. This Mr. a given budget subfunction one should know Torrijos. Faundes agreed to present a Writ of Habeas what programs are included in this subfunc­ Until now, Panama's flagrant violations of Corpus though he accurately predicted no tion. The fact that such an inventory is not human rights has been one of Washing- result. Through his contacts he learned that October 17, 1977 EXTENSIONS OF REMARKS 34033 my husband was charged with possession of ing with clubs, fists, rifle butts and kicks by taken to support us. I, too, had a severe marijuana. the Panamanian guards. They handcuffed my weight loss and was emotionally drained. He advised me to see the Attorney Gen­ hands behind my back. They heaved me to­ When we finally left Panama they made eral. After many long days of waiting, I was ward the boat, but they missed. I fell into trouble at the airport, even delaying the told they were questioning my husband on the water. I dove under the ship and made plane, but we had many witnesses with us. drug charges. it to the underside of another pier. But I was While my husband was in prison he asked I protested it was absurd and that no spotted there by an American policeman. Re­ me to notify the American Consul of at civilized country held a person on vague captured I was turned over to the Pan­ least two Americans detained for no apparent charges, denied counsel and ignored a Writ amanian guards who again beat me. reason. One was a graduate student, writing of Habeas Corpus. He replied, "In other Half drowned, I was hanged from the his thesis on Panama, who had come to countries, not in Panama." handcuffs to a mast for several hours. When watch the so-called election of "Corregidores" I began to contact journalists throughout darkness came I was chained to a ring on (Justice of the Peace) . He was picked up the world and Amnesty International, the the deck .. . Luckily the crammed conditions and denied access to the Consul. Another International Committee on Human Rights prevented the guards from kicking me as American almost died of a beating in the and International Organizations. hard as they might have wished. cellars of the jail. U.S. Consul, Dodson's let­ My lawyer advised me to see the Minister It was dusk of the next afternoon when ter of resignation substantiates the U.S. of Justice, Materna Vasquez. For 10 days, day the boat tied up to the jetty at the southern passivity (3) (4) and the 1977 case of Amer­ after day, from morning till night, I sat and tip of Coiba. There were some 20 guards wait­ ican citizen David Mendelson (with no po­ I waited. When finally the Minister admitted ing with clubs and whips.... someone gave litical involvement) beaten and exiled, me, it was only to say that Leopolda was me a kick that sent me reeling over the jetty brings these cases into the present (State held for Subversion of Public Order. into the water ... my delay in reaching the· Department and Senator Sparkman have Repeatedly I begged to see my husband. beach saved me from one of the most bestial documentation.) The Minister relented. I went to the jail practices on Coiba: the running of the gaunt­ LEOPOLDO ARAGON only to be told they had received no orders. let of the prisoners from the jetty to the central yard. The other prisoners were run­ "Let my people decide freely" was Leopolda This continued for days. At last the doors Aragon's dying plea. His act of sacrifice, he of the prison opened for me and I talked ning like cattle under the whips and savage cries of the guards. These were swinging their said, was to ··call attention to the enormity with my husband after more than four of the deprivation of human rights and po­ weeks. He had been kept incommunicado for clubs, rushing the prisoners to gallop, prod­ ding them to run faster. The guards would litical freedoms under the Torrijos dicta­ four weeks while tortures were infilcted on torship." him. Which as he later told us were: run ahead of them, among them, and from behind, hitting and whipping in a happy The exile or release of those who have been "Blows with a rubber hose; first blows to cruelly imprisoned and tortured is not the stomach and chest, demonical frenzy. If someone fell, several guards would converge on him, kick him, end or the story. The person changes. Psycho­ "Long questioning under strong lights logical changes have now been recognized and without sleep." whip him, beat him and screaming louder, drag him to his feet, forcing him to sprint a commission has been formed in Norway to "Electric shocks to the vital parts of the study the effects of imprisonment and tor­ body, the ears, genital organs and the anus" like crazy, the remainder of the 300 yard distance . ... ture. I saw change take place in my husband. that made him feel his insides were bursting. He immersed himself completely in the move­ "Hanging by the wrists and acted out ex­ Slumped on the ground, I watched from a distance. At first, the whole spectacle was ment to restore human rights and democ­ ecutions with blank cartridges" so that each racy in Panama. Despite his dedication he time he did not know whether he was alive or incomprehensible because I did not grasp what was going on. It was a strange st·ate of did not isolate himself and had a multitude dead. of friends. He corresponded with his col­ My daughters and I, having had the mental mind ... . The black night in the background and the lights illuminating the goings on, leagues who speak and write of his warm hu­ torture of not knowing whether he was dead man qualities. One, at the N.Y. Times in a or alive and imagining what they might be sort of transported me to the environment personal note to me, spoke of him as "a man doing to him, were to start on a new stage in of a theater. The play would soon be over and one would walk out with friends, have of great character passionately devoted to a our anguish. ! extract from the journal of cause of extreme importance". He was a lov­ my daughter, Yarmlla; which she writes now dinner or a drink and discuss t he play. I felt ing husband and a devoted companion to his for one of her classes: no part of it . . .. daughters. Others remark that he was a con­ "Reading other people's journals of high Then suddenly I realized with terror that the thing was real. I was in it, at the receiv­ sistent and rational man. This consistency school romances, marijuana smoking, spaced ing end like the others. The Captain's wel­ and rationality was demonstrated in his me­ out, partying.... I feel rather young and coming speech was short and to the point: thodical planning for his final sacrifice for inexperienced. Though other experiences, I "You just got the Coiba shock treatment. his high ideals. suppose will make up for the lack of those. You'll get it any time you're lazy or don't Twelve years ago he wrote of another "To Like waiting in line in the torrential tropical figure out what we want. In Coiba there's no immolate himself is to sacrifice onsel! for rains or scorching sun for an hour or more God, no law, no nothing, only what is for our others-for an ideal-for a conviction. It is outside the "Model Prison" . . . most an individual decision which doesn't involve infamous place . . . where men whose ideas pleasure." nor harm another." In an letter I received on are too liberal and criticism too outspoken The horrors continue. At Coiba Leopolda September 2nd he had sent from Stockholm. are thrown in among common criminals and was told how Floyd Britton another of the "I know what I have to do to be faithful to tortured, most often to death ... only wait­ political prisoners had died there. The gov­ my destiny. I feel it with all the depth of ing to catch a fleeting glimpse of a father's ernment had announced he suffered a heart conviction that a man can have . .. And I ravaged but beloved face." attack. The truth as Leopolda recounted it am going to do something that can be in­ My lawyer and I kept demanding that my was: "With his hands handcuffed behind his stinctively understood and appreciated." On husband be brought to trial. Instead, in De­ back, he was placed on a stool. Guards sur­ September 1st, in front of the American Em­ cember 1972 he was condemned, by simple rounded him and clubbed him until his bassy in Stockholm he immolated himself writ, 1t> five years in prison, and one day brains flew out." In his last personal message he asked me to while standing in line to bring food and My husband stayed in Coiba for six months. continue the struggle, "your battle post is bedding to him we were told he was no longer Our a,ppeals to the international human there." there. rights organizations and to important friends I am here to carry on. I am here as one who He had been sent to the Penal Colony on of Leopolda in other countries bore fruit. has also suffered the tortures of Torrijo.s, the Island of Coiba. The following are ex­ Leopolda was brought back to the city prison tortures that continue. But mihe is only one cerpts of Leopolda's document: hospital. Although there are about 1,500 story, the only one you will hear in detail "The prisoners are driven to Pier 18 in prisoners in Coiba, there is no medical fa­ today. It started in 1972 . .. The many cases the Canal Zone port of Balboa under Amer­ cility. He was urinating blood and had of others each year since then are docu­ ican jurisdiction, because Panama has no Meniere's disease from beatings. His physical mented in the volumes of The Panamanian deep water port, and are loaded into the condition was terrible. Though I was told Committee for Human Rights. boat. If the trip to Coiba is helllsh, it is Leopolda would be exiled, he was sent back Yet Ambassador Bunker has repeated in worse 1! one tries to escape as I did at Pier to Coiba. Again we almost went mad. Finally the Congress and elsewhere what I quote 18 by jumping into water. It had been my in December 1973 I was ordered to buy him from his national television interview on hope that by doing so, I would be taken by a one way ticket to Sweden and he was placed "Meet the Press" of August 14th. The tran­ American police who might be persuaded to on a plane to Stockholm ... where he spent script reads: "What is your impression of the take me to the hospital for injuries result­ two months in Karollnski hospital, recuper­ record of the Torrijos Government in the ing from my torture. The shooting at me by ating from the physicial and psychological area of human rights?" Ambassador Bunker the guards attracted a large number of Amer­ tortures. answered, "Well, there have been some vio­ ican police. The shooting stopped and I He gave several press interviews until G-2 lations of human rights by the Torrijos shouted of my condition. The Americans gave me a message: "Tell Leopolda to keep Government. Most of those occurred prior to agreed to take me to the hospital and so I quiet. While you are still in Panama there 1970 when he was consolidating his position. surrendered. Then there, in front of the are ways of making him come back." I had Amnesty International in 1973, I think, did passive Americans I _Vf~ given a severe beat- to stay to complete the teaching jobs I had report that most of those violations had 34034 EXTENSIONS OF REMARKS October 17, 1977 occurred in the early years of the regime. A 1976: "Liberal internationalism is our creed," said year ago, they did exile some thirteen people Exiled ------18 Bergsten. of the right and the left who had been ac­ Arbitrarily arrested""------3 And 1s its prophet. Carter is cused of subversion. Those, I think, have all Arbitrarily arrested and maltreated____ 3 a charter member of the Trilateral Commis­ since returned to Panama.. Recently has· re­ Arrested and tortured______151 sion and an advocate of its basic interna­ ceived back nearly 100 exiles. In our report Bombings ( 1 person seriously injured)_ 12 tionalist viewpoint. According to one Carter which the Administration made this Spring Imprisoned without triaL------3 campaign aide, "Carter reeks o! Protestant America's manifest destiny, and embodies to the Congress, as required by law, the Murdered --~------1 report stated that there was no evidence of Disappeared ------2 the frontier tradition, the open door, and any systematic abuse of human rights. Cordell Hull's free trade internationalism, Whenever there have been, we have called Returning to Mr. Bunker's assertions. Of au wrapped up in one." it to the attention of the Panamanian Gov­ the 13 January exiles 4 only have returned. If there is one book in Carter's gospel, it ernment and have expressed our views about Ambassador Bunker says also that Torrijos is Zbigniew Brzezinski's Between Two Ages, it." has recently received back nearly 100 exiles. published in 1970, in which Brzezinski, now This is simply untrue. national security adviser, formed the con­ The President of the International League Let us look at the numbers. In 1 year 181 cept of "a. community of developed nations" for Human Rights, Attorney Jerome J. Shes­ persons are known to have had their human that would direct the world to new levels ot teck gave the Panama. Human Rights Report rights violated in Panama's tiny population freedom, human rights, and economic prog­ as an example of State Department's inac­ of 1.7 mlllion (as opposed to heavily popu­ ress. He rejected both Kennedy's inaugural curacies and lack of candor. (5) lated , Brazil, or Argentina). Translat­ globalism and the establishment prejudice What actually happened in 1976 or that ing that number of the U.S. population is the toward Atla.n tic ism tha. t domina. ted the Eis­ which is known- equivalent of human rights violations of enhower, Kennedy, and Johnson years. Insist­ January 20: Thirteen professionals, busi­ more than 21,000 citizens. ing that the community of developed nations nessmen and farmers, at least in the United Gentlemen: I think it is abundantly clear should include Japan, he called his plan States does not place them either on the that Panama. shows a consistent pattern of '"more ambitious than the concept of an At­ right or the left. In addition an Argentinian gross violations of internationally recognized lantic Community, but historically more born British subject, who had served the human rights. relevant." U.S. as a parachutist medic in Vietnam, was Brzezinski's community would include not arrested, held incommunicado, tortured and only the United States, Western Europe, and then deported. Japan, but eventually all other "advanced February: A Panamanian professor, a self­ PRESIDENT CARTER AND THE TRI­ nations," even communist ones. The empha­ described Trotskyite was picked up at the sis 1s on "developed" and "advanced." As airport on his return to Panama and LATERAL COMMISSION: ARTICLE II Richard Cooper, who along with Brzezinski planed to Ecuador to join the 13 exiles. ls a. key architect of Trilatera.lism, wrote in a May: Marlene Mendizaba.l, a. high school recent Trilateral paper, "Only those nations student of humble country family, and her HON. LARRY McDONALD whose decisions can affect the whole group finance, Jorge E. Falconet, an engineering OF GEORGIA should be admitted." Brzezinski's message did not find immedi­ student disappeared. Her body was found IN THE HOUSE OF REPRESENTATIVES and autopsy prevented by the National ate acceptance. However, in December 1971, Guard. Falconet was never found. Monday, October 17, 1977 after the United States unilaterally went off the gold standard, causing the U.S.-Western September: Attorney Eusebio Marchosky Mr. McDONALD. Mr. Speaker, until Europe-Japan alliance to totter, Brzezinski was arrested, tortured and exiled to Miami. recently the policies, plans, and opera­ convinced Huntington Harris, a Brookings Blanca de Marchosky, Alma Robles de Samos, tions of the Trilateral Commission es­ Institutton trustee, to fund a. series of Tri­ Fulvia. Morales are imprisoned and mal­ tablished by Chase Manhatten Bank partite Studies. Joining Brookings scholars treated, but later released. Querube de were thinkers from the Japanese Economic Carles was exiled. Three men, one an Ameri­ head David Rockefeller were the concern of a relatively small number of expert Research Center and the European Commu­ can, employed in the Canal Zone were ar­ nity Institute of University Studies. The re­ bitrarily arrested on trumped up charges of political analysts. Now thanks to the sults of these studies influenced David Rocke­ fomenting riots for the C.I.A. A formal pro­ pioneering examinations by conservative feller to found the Trilateral Commision. Ac­ test was lodged with the U.S. Embassy, but political analysts of this powerful spe­ cording to his own testimony Rockefeller · later withdrawn.... Carlos Gonzalez de la cial interest group working to influence had begun calling in 1972 for the establish­ Lastra, an executive, and Humberto Lopez, a our Government's policies, the activities ment of a. Trilateral Community. He broached student, escape arrest and are exiled to Ven­ of the Trilateral Commission are begin­ the subject at the Bllderberg Conference of ezuela.... More than 150 students are corporate leaders, where it found immediate arrested and tortured, according to a. letter ning to receive a public airing. In acceptance. Among those in attendance was written by Reverend Fernando Guardia recent weeks several of my consti­ Michael Blumenthal, now secretary of the Ja.en, S. J. in the Panama. Archdiocese tuents have submitted extensive maga­ treasury. monthly publication. zine articles and newspaper stories on As chairman of the Trila. tera.l Commis­ BOMBINGS AND TERRORISM the Trilateral Commission. Several of sion's executive committee, Rockefeller was Following the January exiles there were a these are of parti~ular interest and I in­ able to attract members who include the series of five mysterious bombings at the tend to submit them for the attention of chief executive officers o! the Banko! Amer­ places of business or homes of the exiles or my colleagues: ica, First National City Bank, Exxon, Ca.ter­ their associates. The bombs were all of the pllla.r, and CBS, as well as such labor leaders THE TRILATERAL CONNECTION as I. w. Abel and Leonard Woodstock, and same type. At the end of October and on No­ (By Jeremiah Novak) vember 1st a. series of similar bombs ex­ such scholars as Richard Cooper, provost of ploded' in the Canal Zone, damaging govern­ For the third time in this century a group Yale, and Harold Brown, president of the ment property and automobiles owned by of American scholars, businessmen, and gov­ California. Institute o! Technology. ernment officials is planning to fashion a From Europe came, among others, the American critics of the dictatorship and heads of Thyssen, Royal Dutch Petroleum, treaty negotiations.7 On November 29th a new world order. Discouraged by UN in­ adequacies, disheartened by chaos in the and Unilever. From Japan, the chairman of similar bomb was exploded in the Volkswagen Bretton Woods institutions (IMF and the the Bank of Tokyo and Fuji Bank. This high­ of Jorge Rodriquez, seriously wounding his World Bank), and worried about the United powered group appointed Brzezinski full­ wife Gilma, but leaving untouched in the States waning strength, these men are look­ time director of the Trilateral Commission, rear seat Dolores Montoto. On December 23rd ing to a "community of developed nations" and he recruited a group of scholars who 1976, an official press release of the Panam~ to coordinate international political and eco­ wrote a. series of fourteen monographs deal­ Embassy in Washington makes public a. letter nomic affairs. ing with political and economic problems from Torrijos protesting that the U.S. Ambas­ "After every major war in thts century facing Trilateral nations. sador in Panama. had told Torrijos that "Cer­ Although the commission's primary con­ tain members of the National Guard' are in­ Americans sought a. new world order. Wil­ son pushed the League of Nations; Roose­ cern is economic-principally the same is­ volved in terrorist activities which have sues that concerned Cordell Hull, Henry taken place in the Panama. Canal Zone in velt and Truman constructed the UN-Bret­ ton Woods system; and now, after Vietnam, Morgenthau, Harry Dexter White, and John connection with explosions which last Octo­ Jimmy Carter gives us the Trilateral plan." Maynard Keynes at Bretton Woods-the Tri­ ber destroyed six automobiles and damaged So said C. Fred Bergsten, assistant secre­ laterallsts pinpointed a. vital political objec­ certain buildings ... that the United States tary of the treasury and one of sixteen top tive: to gain control of the American presi­ authorities had proof of their assertions." Carter appointees who belong to the Tri­ dency. For, as Samuel Huntington, a Harvard Let \IS sum up the 1976 human rights vio­ lateral Commission. All sixteen represent a government professor and a Trlla.tera.l lations listed here, which are only a small deeply internationalist tra.clltlon that is part scholar, has written: "To the extent that the part of the known violations by Torrljos in of the eastern American establishment. U.S. was governed by anyone in the decades October 17, 1977 EXTENSIONS OF REMARKS 34035 after World War II, it was governed by the sponsibll1ty as a threat to traditional nation­ PERSONAL EXPLANATION President, acting with the support and co­ al sovereignty. Others worry about the basic operation of key individuals and groups in political philosophy that motivates the Tri­ the executive office, the federal bureaucracy, lateralists. In particular, many people are HON. DAVID L. CORNWELL Congress, and the more important businesses, concerned about the views of Samuel Hunt­ OF INDIANA banks, law firms, foundations and media, ington, who is an editor of Foreign Policy which constitute the private establishment." magazine--often a showcase for Trilateral IN THE HOUSE OF REPRESENTATIVES In 1973, with in deep trouble thinking. (Trilateralist Richard Holbrooke, Monday, October 17, 1977 because he did not have this support, the the former managing editor, is now assistant Trilateralists found it essential to play a role secretary of state for East Asia and Pacific Mr. CORNWELL. Mr. Speaker, I was in determining the direction o! the American affairs.) Among other worrisome statements, absent from voting on today's suspen­ presidency. As early as May 1975, Brzezinski, Huntington wrote in The Crisis of Democ­ sions due to an urgent meeting at the at a Trilateral Commission meeting in Kyoto, racy." "In some measure the advanced in­ Environmental Protection Agency this hailed Carter as "one political leader with the dustrial societies have spawned .a stratum afternoon. The meeting concerned courage to speak forthrightly on difficult po­ of value-oriented intellectuals who often de­ litical issues." And Peter Bourne, Carter's vote themselves to the derogation of leader­ whether to construct or not to construct former deputy campaign chief, has been ship ... and their behavior contrasts with a sorely needed coal-fired energy plant quoted as saying, "David Rockefeller and that of the also increasing numbers of tech­ in my district. Attending this meeting Zbig have both agreed that Carter is the ideal nocratic and policy-oriented intellectuals." were a number of my constituents repre­ politician to build on." Huntington also made the following state­ senting labor and local government, as Carter reciprocated by reiterating during ment in his essay: "Al Smith once remarked well as representatives from EPA, the his campaign that "we must replace balance­ 'the only cure for the evils of democracy is American Electrical Power, staff repre­ of-power politics with world order politics"­ more democracy.' Our analysis suggests that the Trilateralists' basic theme. 0! late this applying that cure at present could well be sentatives from the offices of Senators theme has been echoing through the halls adding fuel to the flames. Needed instead is a BAYH, FORD, and LUGAR and the National o! Congress, as some o! the Administration's greater degree of moderation in democracy." Rural Electric Co-ops. I therefore, apolo­ Trilateral appointees, such as Cooper, Berg­ Penn State political scientist Larry Spence gize to you, my colleagues, and to my sten, and Cyrus Vance, have testified. "The criticizes Huntington's condemnation of constituency for being absent. Had I been basic philosophy of the Administration," value-oriented philosophers as "a direct at­ present, however, I would have voted as Bergstein told Congress, "is that domestic tempt to raise the status of the technocratic follows: and international issues are inextricably elite, who curry to the needs of the wealthy H.R. 8518, aye; H.R. 9418, aye; H.R. linked." corporations. If he gets his way," Spence 5643, aye; H.R. 5858, aye; H.R. 8149, aye; Such concepts are being well received by declared, "we wlll have a new supernational H.R. 8422, aye; H.R. 6715, aye. many in Congress. For instance, as Repre­ community dominated by the multinational sentative Henry Gonzalez o! Texas said after corporations." attending the International Development As­ Another critic is Walter Dean Burnham, sociation (IDA) replenishment conference in professor of political science at the Massa­ Geneva in March, "The arrival o! Bergsten chusetts Institute of Technology. Writing in B-1: AN EXPERT'S OPINION and Cooper was like a breath o! fresh air. "Trlalogue," the Trilateral Commission's There's a new sense o! flexibility and under­ newsletter, Burnham stated: "Firstly, Pro­ standing that has gained new respect !or the fessor Huntington systematically lnftates the HON. ROBERT K. DORNAN U.S. among our allies. They know that the claim of authority against the claim of OF CALIFORNIA people in this Administration care." liberty in any situation.... There is, I think IN THE HOUSE OF REPRESENTATIVES The Administration's internationalist views it is fair to say, a visible pro-authority bias have also received a bi•z boost !rom Federal to his work.... " Monday, October 17, 1977 Reserve Chairman Arthur Burns, a Nixon Mr. appointee. Speaking at the Columbia Uni­ Huntington's authoritarian views were DORNAN. Mr. Speaker, on versity School o! Business on April 12, he widely debated by the Trllateralists them­ Wednesday of this week, we are sched­ made an impassioned plea for a greatly selves, many of whom demanded that Hunt­ uled to vote on the supplemental appro­ strengthened IMF. His call echoed that o! a ington's book not be published under Tri­ priations for 1978. At that time we will be 1973 Trilateral pamphlet written by Richard lateral auspices. Yet, as Dr. Spence put it, given the opportunity of responding to Cooper, now assistant secretary o! state !or "The book stlll stands as the official posi­ tion of the Trilateral Commission." the administration's decision to cancel international economic affairs. production of the B-1 aircraft. The Trilaterallsts' emphasis on interna­ Despite the debate over The Crisis of Before any of us cast our votes on this tional economics is not entirely disinterested, Democracy, the Trllateralists' international­ !or the oil crisis forced many developing na­ ist stance is being lobbied for in Congress crucial issue, we should weigh carefully tions, with doubtful repayment abilities, to by a new organization called New Directions. all of the information and evaluate the borrow excessively. All told, private multi­ The group was founded at the instance of opinions of the experts in the field of national banks, particularly Rockefeller's Theodore Hesburgh, president of Notre Dame strategic aircraft. Of these opinions, none Chase Manhattan, have loaned nearly $52 University and chairman of the Rockefeller has greater claim to being called ex­ billion to developing countries. An over­ Foundation. Hesburgh, with the support of pert than that of Gen. Russell E. hauled IMF would provide another source o! Vance and Paul Warnke (a Trllateralist and Dougherty, recently retired commander credit for these nations, and would take the Carter's chief arms limitation negotiator), big private banks off the hook. This proposal was able to recruit John Gardner, chairman in chief of the Strategic Air Command. is a cornerstone of the Trilateral plan, be­ of Common Cause, and others to form the On September 21, I wrote to General cause it makes possible the continuation o! new lobby group. Essentially, the group's Dougherty requesting his opinion of the free trade internationalism. "Approved Action Program" reinforces Tri­ President's decision to cancel the B-1 Perhaps the best example or Trilateralism lateral positions on expansion of interna­ aircraft. I would like to share his answer was the post-Inaugural trip to Europe and tional financial institutions, increased de­ to my request with my colleagues and I Japan o! Vice President Walter Mondale (also velopment assistance for poor nations, a print his opinion in the CONGRESSIONAL a Trilateralist). He assured leaders o! Car­ strong plank for conservation of energy, and RECORD at this point: ter's determination to work in deep consulta­ reduction of arms sales. ARLINGTON, VA., October 14, 1977. tion with them. Institutionally, the Ram­ The alliance of Common Cause and New Hon. ROBERT K. DORNAN, boulllet, Puerto Rico, and London c:on!er­ Directions with Trilateral thinking gives House of Representatives, ences, where Trilateral leaders have met to the Trllateralists two formidable companion Washington, D.C. discuss economic issues, symbolize this new organizations. It was Harlan Cleveland, a DEAR MR. DORNAN: I appreciate your letter community o! developed nations. To imple­ member of the board of governors of New ment its alms, the Trilateral Commission has Directions, who, on July 4, 1976, wrote a of 21 September 1977 and the confidence you called for the formation of commissions to expressed in me and my background ln seek­ "Declaration of Interdependence" for the ing answers to some of the very difficult coordinate the political and economic power Bicentennial program in Philadelphia. He questions before you and your colleagues in of the Trilateral area. These commissions wlll also published a paperback called The Third the House of Representatives. Also, I well subordinate national economic policy to in­ Try at World Order. recall our day together at SAC Headquarters ternational needs. As Bergsten said in a Jimmy Carter, as President, presides over earlier this year and am grateful that you speech on April 22 to the Chicago Council on this new internationalism. Indeed, it is said would remember favorably SAC's people and Foreign Relations, "The world's major eco­ that when he faces Congress he goes as an in­ its continuing contribution to our nation's nomic powers must, in a poqitive sense, ex­ ternationalist; and when he travels to West­ strategic TRIAD of deterrent forces. ercise collective responsib111ty for the sta­ ern Europe and Japan he is welcomed as a I will do my best to address your questions bility and progress of the world economy." brother Trilaterallst. In the last analysis, it on some aspects of the important .strategic Many Americans, in government and with­ is Carter who directs the third try for a issues facing you-and hope that my opin­ out, view this new emphasis on collective re- new world order. ions and analyses may be useful to you and 34036 EXTENSIONS OF REMARKS October 17, 1977 your colleagues. Certainly they wlll be "can­ of anti-B-1 zealots may be solidified and everything was more difficult and less as­ did" and "unfettered," in accordance with strengthened to the point that needed mod­ sured without it. The B-1 promised to pro­ your request. 1 must add, however, that 1 ernization in a manned penetrating delivery vide us such a system; nothing else satisfied have never really chaffed under the con­ system (and not just the B-1) may, in fact, the requirements that we could determine to straints and fetters of my official assign­ be lost to us in whatever form a modern the same extent as did the B-1. It was ap­ ments. As C1NCSAC, 1 did not feel any dis­ penetrating bomber is subsequently posed. parent, of couse, that much of the technology abling constraint in expressing my opinions On this latter point, it was extremely in­ of today's F / FB-111 could be incorporated on fundamental matters affecting the con­ teresting (but not surprising!) to find in the into a stretched and enlarged version of that tinued effectiveness of our strategic forces; minority r eport submitted with the recent aircraft (since identified as the FB-111H); though, of course, 1 recognized 1 couldn't be House Armed Services Committee's activn on however, this did not offer all of the efficien­ repeatedly strident and critical as a serving the President's latest Supplemental the sug­ cies and all of the desired characteristics commander. gestion by Representatives Carr, Schroeder that had been incorporated into the B-1 You have asked for my opinions concern­ and Downey that the President's decision developmental design. Thus, the FB-lllH ing the President's recent decision not to was designed to terminate forever any ini­ concept was well known to us, but lacked seek production funding for the B-1; and, tiative leading toward a modern, long-range, some of the advantages and the timing of additionally, you asked for my analyses of manned, penetrating delivery system. George the more capable and developed B-1 as the some of the pros and "Ons of the situation Wilson's article on page A-2, The Washington major strategic penetrator for future caused by the decision to cancel B-1 pro­ Post, Friday, October 7, 1977, cites Represent­ decades. duction. ative Carr as saying that President Carter's To me-and I think to most of my col­ First, to address myself to your questions decision "didn't just get rid of an airplane, leagues-the real effect of the President's concerning the President's decision to cancel he got rid of a concept; low-level, strategic decision en the B-1 was to make a produc­ the production of the B-1: manned penetration." In my view, this is a tion program for that aircraft unacceptable I was disappointed, of course. I thought we very key issue for decision by Congress and to the current Commander in Chief and his had developed a fine, capable aircraft to do a by the people of the United States. Are we administration. I chose not to belabor that sorely needed job in the future . . . and to going to have a manned strategic penetrating decision for, at the risk of stating the obvi­ fill a potentially serious gap in our strategic delivery system beyond the B-52-or has that ous, it was my duty as the Commander of capabilities in the mid 1980's, and beyond. weapon concept been rejected for the future? our Air Force's largest command and one Other related actions affecting our strategic If the penetrator concept has been rejected, of the nation's major combatant commanda futures are made more critical and dangerous those of us in the Air Force and elsewhere to make the best use of the force pro­ as a result of the loss of time and capa­ who have proposed a serious and thorough vided to them by the responsible elected bility associated with the cancellation of look at an alternative penetrator to the B-1- officials, to accept the clear-cut decisions timely production of the B-1. We have lost such as the FB-111H-are foreclosed, as is of constituted political authorities ... and a very valuable margin of future strength. the B-1. to go on from there as quickly as possible I thought it error not to go into needed If it should turn out that Representative That the men and women of the Air Force, production with this modern well-designed Carr and others who share his view that the who had been among the staunchest advo­ and capable strategic bomber development. real effect of the President's decision was to cates of the B-1 could swallow their disap­ We may not have the time (nor the politi­ cancel forever a modernized strategic pointment on the B-1 cancellation was a cal consensus) to produce and make opera­ manned penetrating delivery system, then source of deep pride for me as their Com­ tional adequate numbers of any subsequent the effect of the President's B-1 decision will mander in Chief. It represented m111tary development. be far more adverse and far-reaching than if professionalism in the best American tradi­ On the other hand, I cannot complain it were limited solely to the rejection of pro­ tion; it did not represent any abdication that this momentous decision was made duction of the B-1 and the acceleration of the cruise missile programs. of our judgment or our views of the efficacy abstractly, by some third persons unknown of a modern, manned penetrating bomber. in the bureaucracy of the Administration ... Now, to your broader questions concerning Our reaction to the President's B-1 decision this clearly was a Presidential decision, pub­ the effects of the decision to cancel B-1 also represented to us the illogic of contin­ licly made. While I think it was a wrong production: uing to pursue the desire to be equipped decision, it was not made obscurely or by The ab111ty and willingness of our Nation with a primary weapon system that had been default. The President had available all to respond resolutely to clear-cut national so studied by our Commander in Chief and the arguments and rationale advanced by us emergencies are great strengths of the United so unequivocally rejected for production by in the Strategic Air Command, the Air Force, States. Our adversaries--current and poten­ our constituted authorities. the JCS and other senior officials in DOD tial-recognize these resolute propensities of I thought at the time (and stm do) that whose view of the future strategic require­ Americans. This, as much as anything else, the most proper and effective course of pro­ ments caused them to support a B-1 produc­ explains why the threats they choose to pose fessional behavior for me was immediately tion program. I do not know to what extent to our national security tend to be indirect to advocate the next most effective and effi­ all these views were considered, but the pub­ and ambiguous. Direct, clear-cut threats are cient alternative course of action to provide lic rationale accompanying the decision leads sure to produce a vigorous response by our a modern, long-range penetrator. To me, me to believe that it was narrowly based. The government and our people in providing all that was the FB-111H concept, incorporat­ public rationale indicates the decision turned required tools of defense and war. ing the exceptionally well-developed and on analytical studies and study factors of cost Fortunately, we are not in a situation of capable engine for the B-1; the advanced effectiveness and penetrativity assumed in extremes- we are not facing an immediate, avionics (both offensive and defensive) of the alternative examinations by the Admin­ clear-cut threat to our survival. The B-1 de­ the F/ FB-111, and a larger and more flex­ istration staff-a very narrow and delicate cision was made in an atmosphere character­ basis for such an important decision. Also, ible internal and external weapons-carrying ized by an absence of war or conflict and arrangement. I think the vast capability of a strategic with no clear-cut national emergency. The penetrator throughout the full spectrum of full military effect of the decision was If I look to the next decade, I find little deterrence and conflict was subsumed in a futuristic by as much as a decade or so ... to suggest that the vigor of the Soviet in­ narrow analysis of the assumptions used in maybe even longer. The ambiguity of active vestment in strong total forces wm dimin­ measuring the application of various weapons threats; the absence of pressing need and of ish-particularly, their investments in to a total strategic attack and counterattack. extreme circumstances are far different from strong strategic nuclear forces. I think it's While such an analysis is extremely impor­ the traditional "clear and present danger" a pointless argument as to whether the So­ tant, it is far from the only measure of merit that spurs immediate decisions on needed viets are involved in an an-out drive to be of a flexible strategic system. systems. The B-1 requirement was a futur­ "number one", but I think it's sufficiently In the context of B-1 cancellation actions istic one of judgment and vision; without clear as to be noncontroversial that the So­ and other uncertainties within the Adminis­ precise metes and bounds, without absolutes viets are not wUling to settle for being "num­ tration affecting SALT and our strategic and without a clear-cut, present danger. ber two." weapons systems (MX, Minuteman II and III, To the extent that it was possible to do so, This brings me to the crux of my think­ MK-12A, aerial tanker futures, SRAM, ALCM, my colleagues and I had considered all as­ ing on these matters; e.g. If on-going Soviet etc.), the decision not to produce the B-1 pects of our present and future situation and programs are not matched and offset by firm, came at a particularly critical time. Lack the potential milltary threat situation fac­ continuing U.S. actions, a serious imbalance of a modern, manned, penetrating delivery ing our nation over the long haul, from the could (and probably will) result by the mid- system is going to make every other aspect early 1980s and beyond. We assessed what 1980s or so. 1 told .the Senate Armed Services of our strategic decisions more difficult for would be needed unequivocally to preserve, Committee in early 1976 (and intervening we will not have the assured flexibility that as a minimum, an effective strategic equality events have only strengthened my convic­ comes with a penetrating bomber. with the Soviet Union, and any other poten­ tion) that, if we are denied timely produc­ The time lost in providing an adequate op­ tial aggressor, no matter what they did. In tion and rapid introduction of a modern, erational inventory of modern long-range every basic measure of that future situation, manned strategic penetrating delivery sys­ penetrating aircraft delivery systems could we found it essential !or the United States to tem into our operational inventory, our na­ prove to be critical. Also, the superior U.S. preserve a modern, capable, strategic, manned tion's deterrent force mix soon will be seri­ technological iniatives and achievement rep­ penetrating delivery system-everything ously deficient in its ab111ty to maintain an resented by the B-1 may be lost. And, im­ we might need to do was made more effective essential balance-real or perceived-with portantly, the confluence of disparate views and assured with such a delivery system; the strategic forces of the Soviet Union. October 17, 1977 EXTENSIONS OF REMARKS 3403.7 At the time I made that statement to the House Armed Services Committee or in ex­ the hit broadway musical "Your Arms Too Senate Committee, the modern cruise mis­ changes of correspondence. It should be run Short to Box With God." slle development program was, to a consider­ out on center stage for all to see, to examine Bradford, minister of the Greater Abyssin­ able extent, stlll unproved. It still is. For and to debate. In my view, there shouldn't ian Baptist Church in Newark, aso wrote instance, the first powered fiigh t of the air­ be any ambiguity on the issue of the future several of the gospel numbers that the origi­ launched cruise misslle had not yet taken of a long-range manned penetrating delivery nal cast of his famous Broadway show per­ place. The modern cruise missile is much system; this issue is too important for us to formed for the President and his friends. further along than it was in early 1976-but, allow it to remain cloudy and ambiguous. Another special guest at the party was it is stlll many years away from becoming As to the Soviet strategy for U.S. strategic Bert Lance, former director of the Office of operational. forces without the B-1, I don't pretend to Management and Budget. And, in any event, the cruise missile wlll know the full ramifications, of course-but I The Southern-style barbecue party was be a far more capable weapon system devel­ would think one thing will be certain: they held on the White House's south lawn for opment in conjunction with a modern pen­ wlll do everything in their power to keep us some 500 members of the Georgia "Peanut etrator than it would be without such a from having a capable and competent sub­ Brigade." penetrator. On this point, it was my under­ stitute for the B-1. I would hope that, The brigade is composed of the young men standing that the President's B-1 decision through other strategic diversity and the and women who rang doorbells around the was premised on the rapid development of multiple capab111ties and characteristics of naticn 1.-1 a two-year successful effort to air-bunched cruise misslles and the reten­ our weapon systems, we could reduce to near get Carter elected President. tion of an effective penetrating bomber force zero their calculations (or temptations) of A native of Alabama, Bradford is music with an opportunity to swiftly upgrade the achieving a disabling first strike. I would director of Newark's Greater Abyssinian Bap­ penetrating force with new systems if cruise hope that this !s so and that we can and wlll tist Church and founder of the city's Crea­ missile deployment ran into any unexpected do these things. It certainly would have been tive Movement Repertory Theatre, a civic d11Hculty or delay. If we are not to have the easier and more effective for us in the stra­ compa.ny. B-1, the stretched and improved version of tegic commands to give these assurances Hailed by Newsweek Magazine as "the su­ the FB-111, incorporating the extraordinarily with the B-1 in our operational inventory. per gospel composer of the 70s," Bradford well-developed B-1 engine, is completely log­ Every strategic task we undertake will be received on Obie for his role in Vinnette Car­ ical and needed alternative: less capable and more difficult without the B-l-and some roll's "Don't Bother Me, I Can't Cope," and less modern-but less expensive, available important tasks may not be achievable with­ was nominated for a Tony. He also was rapidly and not publicly rejected by the out a capable alternative to the B-1 beyond featured in the film, "Save the Children:" Commander in Chief. the mid-1980s or early 1990s. Bradford's gospel recording, "Too Close to It is my judgment that we must (and can) Granted, Mr. Dornan, all of these things Heaven," sold more than a mlllion copies make prudent modifications to our B-52s are matters of judgment. These judgments nationwide; his educational show, "The and our few FB-llls to keep them capable Black Seeds of Music," was seen throughout can be validated only through hindsights. New Jersey's public schools. and safe until we can get, into the opera­ What I have offered in response to your let­ tional inventory (I keep underlining opera­ ter are solely my opinions and my views; they In 1961, Bradford was chosen by the late tional inventory, Mr. Dornan, because it ts poet Langston Hughes to be one of the origi­ are, however, unfettered and, hopefully, un­ nal stars of "Black Nativity," the first genu­ very important that everyone understand the biased Judgments as to our Nation's needs. vast difference between concepts, ideas, de­ ine black musical on Broadway. He later It took the tragedy of World War II to prove made a tour of 29 countries with the produc­ velopment programs and operational hard­ General Mitchell right in his judgments. ware in the hands of trained operational tion. Martyrdom in the nuclear age is too great Accompanist and composer for such gospel mmtary forces), a new and capable penetrat­ a price for any of us, or our Nation, to pay ing delivery system that wm serve us well greats as Mahalia Jackson and 8all1e Martin, for fatal errors in judgment concerning the Bradford has been acknowledged by Ray beyond the late 1980s or early 1990s when diversity and strength of our central stra­ the air worthiness of a portion of our B-52 Charles and Little Richard as a major in­ tegic systems in the future. fluence. fleet is doubtful and when the operational I hope that my views will be useful to you effectiveness is probably reduced below an He has been called one of the progenitors and your colleagues in your important con­ of the "soul music" movement. efficient system for retention in the active siderations on the current Supplemental Bill, inventory. Bradford presented his latest gospel musi­ and others affecting our Nation's future. cal-"Don't Cry, Mary"-in Newark last It is easy for any experienced m111tary plan­ Respectfully, ner to appreciate the full potential and fiex­ month at the Cathedral of the Sacred Heart. RUSSELL E. DOUGHERTY, He is working on his first comedy, "From One ib111ty of the cruise missile technology and General, USAF (Retired). TERCOM guidance accuracy. Not for a min­ Good White Person to Another." ute would I advocate anything less than full exploitation of this promising aspect Qf modern mmtary technology; however, I see no reason and no logic that demands that NEWARK MINISTER STARS AT FOREIGN ASSISTANCE APPROPRIA­ this technology can be adapted to the un­ WHITE HOUSE PARTY TIONS certain requirements of the future only at the expense of abandoning the concept of strategic manned penetration as a future HON. PETER W. RODINO, JR. HON. LESTER L. WOLFF part of our strategic TRIAD. OF NEW JERSEY OF NEW YORK I considered the B-1 production decision IN THE HOUSE OF REPRESENTATIVES the single most important weapon system IN THE HOUSE OF REPRESENTATIVES decision in front of our Administration and Monday, October 17, 1977 Monday, October 17, 1977 our Congress last year. The Commander in Mr. WOLFF. Mr. Speaker, the House Chief elected not to accept the recommenda­ Mr. RODINO. Mr. Speaker, I am very tions that I and others had made concern­ pleased to have the opportunity to share of Representatives will tomorrow vote on ing B-1 production. Following his rejection with my colleagues an article which ap­ whether or not to accept the conference of the B-1, and while I was serving as peared in today's Newark Star-Ledger, report to H.R. 7797, foreign assistance CINCSAC, I found it completely consistent, concerning Dr. Alex Bradford, one of my appropriations. I urge my colleagues to professionally and mtellectually, for me to constituents. Dr. Bradford, a minister support the conference report language support and to advocate what I considered to section 107 of this legislation. the next best alternative for keeping the and musical director of the Greater U.S. equipped with a modern and flexible Abyssinian Baptist Church in Newark, When this section of H.R. 7797 was strategic penetrating delivery system in the has served our community very well by originally considered by the House, two future. I recommended we immediately initi­ encouraging civic involvement through amendments were agreed upon. The first, ate a program to look into the stretched FB­ music and church activities. He is truly which I offered, prohibited any of these lllH, with B-1 engines. a community leader who has willingly appropriations from being used to finance If Representative Carr is right, and if the shared his great professional skills with reparations to the Socialist Republic of President really intended to terminate the others, and I am pleased to insert the Vietnam. At that time I stated to my col­ concept of including a modern strategic following article into the CONGRESSIONAL leagues that the word "reparations" im­ penetrating system in our strategic arsenal, plies a debt due and therefore must be then that is the real issue in front of the RECORD in recognition of Dr. Bradford. Congress and the people of the United States. [From the Newark Star-Ledger, Oct. 17, 1977] distinguished from the word "assistance" If so, that possib111ty poses fundamental is­ NEWARK MINISTER STARS AT WHITE HOUSE which implies voluntary action. While sues that are not merely important but could PARTY I have no doubt that the United States well be vital to our future ability to remain WASHINGTON.-Dr. Alex Bradford of New­ is under no obligation, legal or moral, to second to no other nation or group of na­ ark wa.s a special "guest of honor" at a White provide such reparations, the purpose of tions in a future world. And this issue, I Hcuse party last week at which President this amendment was to put to rest the would observe, is too important to be left Carter, his :family and some 500 guests were question that was raised by the letter fallow in the recent minority report of the enthralled by the music he composed for which President Nixon sent to the Viet- CXXIII--2142-Part 26 34038 EXTENSIONS OF REMARKS October 17, 1977 namese in early 1973. In part, that letter His amliations, omces, and other con­ end of his term of omce the membership stated that the United States "will con­ tributions are summarized in the follow­ stood at an alltime high, while the aver­ tribute to postwar reconstruction in ing article, printed in the Milwaukee age age of the individual members stood North Vietnam without any political con­ Journal on October 5, 1977, which I at an alltime low; a clear indication of ditions." This letter is, of course, moot would like to share with my colleagues: the fact that Kiwanis attracts young today. [From the Milwaukee Journal, Oct. 5, 1977] people today just as it did in its forma­ The U.S. Congress, however, has yet to LONGTIME LEADER CYBULSKI DIES tive years in the early twentieth century. take a position on its contents. It is time Funeral services for Stanley J. Cybulski, In the field of service, Schneider suc­ that we did. The question of reparations former Milwaukee postmaster, alderman and cessfully led Kiwanis in a new and ex­ is moot because the Paris peace accords civic leader, will be held here Saturday citing program called Safeguard Against were violated by both sides. Furthermore, morning. He died of cancer in Florida Tues­ Crime. The majority of Kiwanis clubs we must separate, and very clearly sep­ day at age 71. both in the United States and abroad arate, the question of reparations from Cybulski was a longtime member of the participated in the program which was Democratic Party and was active in Milwau­ the humanitarian issue of MIA's. And it kee polltics for more than 30 years. aimed at informing all segments of so­ is without hesitation that I again state He was born in Milwaukee Nov. 1 1905. A ciety on the incidence of crime, the kinds that compassion dictates that regardless graduate of Marquette University Law of crime usually perpetrated against per­ of reparations or not, it is imperative that School, he was a. practicing attorney from sons and property, and the steps that in­ information on MIA's be forthcoming 1931 to 1965. Cybulski served as alderman dividuals can take to resist such crime. from the Vietnamese. for the old 24th Ward !rom 1936 to 1948. The original concept of the program The second amendment, offered by the Cybulski was a past president of the Mil­ was developed by Schneider, himself, gentleman from Florida

most overnight. It was to remain nonexistent, for police protection and a curfew. The Rev. in the burning. He was Stroud's only alleged or cowed to such a degree that it was almost Aaron Johnson, who was at that time a eyewitness. Hall had just been sentenced to totally ineffective, for the next 70 years. member of the North Carolina Good Neigh­ 12 years in prison for his confessed partici­ By 1970, however, Wilmington was about to bor Council, the agency charged with finding pation in the store burning. About a month have a confrontation with the times, and the ways to end racial strife, was in Wilmington after the trial, Hall's sentence was changed effects brought on by court-ordered change. that week trying to halt the violence. "I to youthful offender status at Stroud's There was still little or no leadership among never heard Chavis or any other member of request. · the city's 10,000 or so blacks, but there was a the so-called Wilmington 10 plan to shoot Stroud had two witnesses at the 1972 trial great deal of rumbling and discontent among anybody or burn down anything," Johnson who, to some degree, corroborated Hall's young black high school students. declared recently. "All I know is that he testimony. The first was Jerome Mitchell, a The city's all-black high school had been was asking for a curfew and for the police young black man who several months before closed as part of an attempt to comply with to come into the area of the church. I re­ the Wilmington 10 trial had been declared court desegregation rulings. Black students layed this message back to the mayor and an outlaw by the state of North Carolina. were transferred to the previously all-white the police chief. Why a curfew was not Under North Carolina law at that time, an high school and had become incensed over ordered until after a white man was killed, outlaw could be shot on sight by any citizen what they considered to be inequit9.ble rep­ I'll never know." of the state. A few weeks before Mitchell resentation in the school administration and A WEEKEND OF TERROR AND KILLING finally agreed to testify for the state, Super­ faculty; unfair representation in the student ior Court Judge Winifred T. Wells handed governmental organizations, clubs and ath­ On February 6, a Saturday, Mike's Grocery, Mitchell a youthful offender sentence of one letic teams; and the school's failure to estab­ which stood a few hundred feet from the day to 30 years. He had been charged with a lish black history and cultural studies. Fights churclh, was destroyed by a fire which began brutal murder and armed robbery, charges shortly after 9 p .m. During the height of the and scuffles between white and black s~u­ unrelated to the 1971 racial upheaval in dents became frequent. Finally, in January blaze Steve Mitchell, a black youth, was Wilmington. Stroud told the jury that Mitch­ of 1971, after school authorities refused a shot to death by a policeman. The officer was ell had nothing to gain; he already had request to hold a memorial service to the not charged in the slaying. He said Mitchell been sentenced to 30 years. late Rev. Martin Luther King Jr., blacks aimed a gun at him. Stroud's third major witness was 13-year­ began a boycott of the school. Early Sunday morning a White man, old Eric Junious, a child who could have Harvey Cumber, was shot to death about a passed for eight years old, and who testified WHITES REACT WITH ANGER, FEAR, DISTRUST block from the church. He allegedly had At that time Gregory Congregational that he saw Chavis and the others leaving driven his pickup around a barricade that the church to firebomb Mike's Grocery. Church, a part of the United Church of had been erected to keep whites out of the Christ, was an all-black church except for area. Witnesses said he stopped, got out of Ferguson vigorously attacked the testi­ its young white minister, the Rev. Eugene his truck and then pointed a gun toward the mony of Hall, Mitchell and Junious. (At one Templeton. The boycotting black students church. A loaded revolver was found beside point Hall lunged for Ferguson and had to asked Templeton if they could use Gregory his body. be restrained by bailiffs.) Ferguson was par­ Congregational Church as their meeting Within hours of the death of Cumber, ticularly interested in whether Hall had been place and as a place of an "alternative martial law and a curfew were declared in the recipient of any special favors from the school." Templeton, after consulting with , the city of Wilmington. The violence ended state or had been promi.sed anything. Hall the church trustees, gave his permission. But immediately. The Templetons left Wilming­ testified that he had received no promises he also went further. ton very soon after the end of the hostili­ or favors. Ferguson also fought vigorously, Sensing the students' need for leadership, ties. "We continued to receive threats, and but unsuccessfully, for the inclusion into he requested the United Church of Christ to the police said they could do nothing for evidence of a statement Hall had signed for send someone trained in the methods of or­ us," Mr. Templeton said. Chavis stayed on in an agent of the federal Bureau of Alcohol, ganization, someone the students would re­ Wilmington for several months. Tobacco and Firearms. That statement dif­ spect and follow. The church responded by In March of 1972, more than a year after fered in detail from the statement Hall had sending Ben Chavis, a young fieldworker and the violence, Chavis and eight young later given Stroud and which was accepted troubleshooter for the Commission for Racial blacks-Marvin Patrick, Connie Tindall, by the court. Ferguson also argued that Justice, an arm of the United Church of Jerry Jacobs, Willie Earl Vereen, James photographs of the 10 defendants had been Christ. McKoy, Reginald Epps, Wayne Moore and marked by the prosecution to enable the Although Chavis was only 24, he already Joe Wright-were arrested by Wilmington state's star witnesses to readily identify them. was a veteran at organizing, participating in, police and charged with the unlawful burn­ Ferguson had no witnesses to offer at the leading and/ or mediating black civil rights ing of Mike's Grocery and conspiracy to as­ trial. Up until almost the last moment he protest movements throughout North Caro­ sault emergency personnel. The white wom­ had been counting on the testimony of the lina and Virginia. He was well known to both an, Ann Shephard, was charged with being Templetons and of Aaron Johnson, the state whites and blacks in North Carolina. an accessory before the fact of those crimes. Good Neighbor Council trouble-sho·oter. When Chavis arrived in Wilmington in Except for minor traffic offenses, not one of The Templetons were prepared to testify January, 1971, tensions in the town were the group had a prior criminal record. that Chavis was at their home when Mike's running high. Nevertheless, he began to or­ James (Jay) Stroud was the assistant New Grocery was burned and that they had never ganize the students, and he also began to Hanover County District Attorney in 1972 heard Chavis exhort others to commit vio­ organize and gain the trust of their parents. and the man who prosecuted the Wilming­ lence. The Templetons, however, never made Nevertheless, that statement and others, ton 10. James Ferguson of the respected civil it to the trial. When they arrived in North plus the marches and demonstrations, an­ rights law firm ChRimbers, Stein, Ferguson Carolina from their new home in New Jersey gered many people and inflamed some-in­ and Becton, was the chief defense attorney. they heard a rumor to the effe~t that they cluding the Ku Klux Klan and a similar He has remained so throughout the long would be arrested if they showed up at the organization named Rights of White People. appeals proces<>. trial. "We are not proud of that," Templeton By Thursday, February 4, the tension in Because of the exten<>ive publicity the case was to say five years later. "But we were Wilmington was at a breaking point. Shoot­ ha1 received, neighboring Pender County terrified. We were told that police would be ing broke out that afternoon. Temoleton, his was selected as the trial site. The trial ended waiting for us at the airport and that it wife Donna and others who were at or in the abruptly, however, in June, before the jury would be the Wilmington 12 instead of the vicinity of Gregory Congregational Church selection process had been completed. Ten Wilmington 10." The Templetons went back during that first week of February have de­ blacks had been selected to hear the case to New Jersey. scribed the shooting publicly and under oath when Stroud, complaining of stomach prob­ Johnson and another state Good Nei~hbor in court proceedings. "There seemed to be. lems, sought and was granted a continuance. Council worker, Preston Hill, were subpoe­ an unending convoy of white men in pickup naed by Ferguson to appear and testify at trucks driving slowly by the church," PROBLEMS WITH WITNESSES HIGHLIGHT the trial. The subpoena called also for any Templeton said. "At first they only stared. THE TRIAL records the council might have relating to the Then they began shooting at the church and The Wilmington 10 trial began anew in violent days in Wilmington. Neither Johnson parsonage." September, 1972. The jury seated this time nor Hill made it to the trial. Some of the blacks in and around the was composed of 10 whites and two blacks, Five years later Johnson was to explain church parsonage began to arm themselves. a domestic servant and a janitor. publicly for the first time that his superiors Chavis, himself, was armed with a handgun Stroud's key witness at the trial was 18- on the Good Neighbor Council had strong at one time. "We felt that we had to stay and year-old Allen Hall, a huge young man who misGriffin Bell money. Stroud testified he did this because On September 21, 1977, the Subcommittee to order a Justice Department investigation as a prosecuting attorney, he always takes an on Consumer Protection and Finance re­ to determine whether the civil rights of the int . ~rest in his major witnesses for the state. ported to the full Committee on Interstate Wilmington 10 had been violated. A federal He ,H.id he considered Hall "a friend." and Foreign Commerce H. Con. Res. 273 with grand jury convened in Raleigh in March to At the end of the long hearing, Judge a recommendation that it not be approved. hear testimonv from Hall, Junious, Mitchell Fountain ruled immediately from the bench This concurrent resolution provides that the and Stroud. Mitchell at that time became the that the constitutional rights of the Wil­ passive restraint standard (commonly re­ third and final major witness against the 10 mington 10 had not been violated and that ferred to as the air bag standard) transmitted to recant his trial testimony. He told the no new "credible" evidence had been pre­ to Congress on June 30, 1977, be disapproved. jurors that Stroud had promised him he sented in their favor. In his written order We disagree with the recommendation of the would be released from prison within a few filed weeks later, he rejected completely every Subcommittee that the Resolution not be months if he testified for the state. Mitch­ issue raised by the Wilmington 10 defense. approved. ell also testified that he was not in the Ferguson immediately gave notice of appeal. On December 6, 1976, Secretary of Trans­ vicinity of Gregory Congregational Church or A few weeks after Judge Fountain's adverse porhtion, William T. Coleman, issued a deci­ Mike's Grocery the night of the fire. Both decision, Ferguson formally petitioned sion concerning motor vehicle occupant crash Mitchell and Hall testified that Stroud North Carolina Governor James Hunt for protection. In that decision, the Secretary coached them extensively in exactly what pardons of innocence for the Wilmington 10. called for a nationwide demonstration pro­ and what not to say on the stand. Attorney General Griffin Bell, at the request gram to obtain more experience with air Stroud denied emphatically that he ar­ of 60 members of Congress, has urged Hunt cushion restraint systems, to familiarize the ranged any deal with Hall and Mitchell in to seriously consider the pardon request. American people with the benefits of air exchange for their testimony. He admitted, Hunt has made no formal decision on the cushions, and to foster the continued devel­ how~ver, that he and a Wilmington detective pardon petition and probably will not until opment of passive restraint technology. The bought Junious a minibike. He said he did Secretary proposed to carry out this demon­ this becaus<:l he liked Junious and felt sorry after November 8, the date of a statewide stration program by entering into agreements for him The grand jury, which was essen­ referendum to determine whether the Gov­ with automobile manufacturers to produce tially investigative in nature according to a ernor can succeed himself in office. Hunt has and sell, over a two-year period, 500,000 pas­ Justice Department attorney, returned no stated publicly, however, that he is instinc­ sene-er cars equipped with an air cushion re­ indictments. tively opposed to intervening in any case straint system on a n9.tionwide basis. The When Hall, Mitchell and Junious testified until all avenues of appeal, all routes of Department of Transportation later entered before the grand jury, they did so as prison- "due process," have been exhausted. into agreements with Ford, General Motors, ' 34050 EXTENSIONS OF REMARKS October 17, 1977

Mercedes-Benz, and Volkswagen of Ameri~ have become critical in light of the very lim­ organisms. The possiblllty also exists that to carry out the objectives of this demonstra­ ited real world data. Other groups, such as sodium azide is a carcinogen since most tion program. GM, Economics and SCience Planning, Inc., mutagens are carcinogens. The carcino­ However, on June 30, 1977, Secretary of and the Cornell Aeronautical Laboratory have genicity tests have not been extensive, how­ Transportation, Brock Adams, rejected the reached differing conclusions on the air bag's ever; and this aspect requires additional Ooleman approach and mandated a new occu­ effectiveness. Even the DOT reached the para­ testing. pant restraint standard which requires that doxical conclusion (Docket 74-12, Notice 10) The Toxic Substances Control Act, which front seat passive restraints be phased in all that the air bag is more effectiveness in all was approved by this Committee and by the new cars between the 1982 and 1984 model modes of impact (front, side, rollover, rear) Congress in 1976, not only granted authority years. We feel constrained to oppose that than it is in frontal impacts, the crash mode to EPA to restrict or prohibit the production decision and to assist in such efforts as are for which the air bag system was d~.tgned. and sale of chemical substances for which necessary to assure that the standard is dis­ GM took issue with the DOT effectiveness there were insufficient data regarding their approved by the full House. We wm here at­ estimates, because they are based on not toxicity, but also encouraged the Administra­ tempt to detail various factors and considera­ only data from laboratory tests but aLso the tor take actions promptly to keep such sub .. tions which we believe clearly indicate that subjective judgment of evaluators who have stances out of commerce. Now, another gov­ the decision of Secretary Adams is both pre­ direct knowledge of how the value of their ernment agency, the Department of Trans­ mature and unwise as a national policy estimates will affect the overall outcome. The portation, has mand·ated an automobile decision. potential for bias is great. GM used a "match­ safety standard which it knows Will result in DATA SUFFICIENCY ing case" technique with a case selection widespread use of a known mutagen and pos­ The National Highway Traffic Safety Ad­ procedure which substantially reduced the sible carcinogen, sodium azide. The agency ministration began gathering data on ·air bag chance for bias and found that the DOT esti­ has not mandated the use of this substance, experiences in the real world traffic environ­ mates for air bag effectiven~s appear to be but it is fully aware that the substance will ment in early 1973 with 831, 1S'72 Mercurys, significantly overstated. GM asked DOT to be used extensively as a propellant for the air and 1,000, 1973 Chevrolets. These air bag commission an independent group to review bag and has taken no action to restrict its equipped vehicles were used in the manu­ the basic data and analysas of both the DOT use. This substance may well be banned by facturers' test fieets. To these were added 75, and GM in order to determine the validity EPA at a later time for this particular use 1975 Volvos, and 10,000 Buicks, Cad1llacs, and of each. on the ground that it presents an unreason­ Oldsmobiles betw~en model years 1974 and In an independent study conducted by the able risk to our environment and to the 1976. The General Motors fieet of 10,000 vehi­ Cornell Aeronautical Laboratory, a non-profit health of our citizens. cles is unique in that it is the only group of research organization, automobiles were Before the Federal Government mandates air bag-equipped cars which were sold to the crashed in offset front end collisions in a an action which it knows will result in an public. Together, these vehicles make up the manner that simulated real world auto increased use of a known mutagen, it should total of 12,000 vehicles from which NHTSA accidents. These tests, which used dummies engage in an extensive effort to clarify the has derived its assessment of air bag per­ and cadavers in the driver and passenger risk and the long-term effects of this sub­ formance in the field. As of September 1, seat positions, were designed to determine stance, determine if adequate and effective 1977, these vehicles had travelled in excess the effectiveness of air bags as compared to alternatives are available, and obtain proper of 480 million miles, 390 of which are attrib­ seatbelts for drivers and right front seat assurances that alternative substances will utable to the GM fieet. It is generally agreed passengers. be available in amount necessary to meet the that real world data is the soundest indicator In all of the tests, With both dummies and large demand of the automobile manufac­ of a safety device's performance. As Dr. Law­ cadavers seated as drivers and passengers, turers. We have seen no evidence that the rence Goldmuntz testified before the Sub­ the seatbelt restraint systems did a better agency undertook such an analysis prior to committee, "we have come to the conclusion job in protecting the test subjects than did its issuance of the regulation, nor have we that there is a variety of data sources and the air bag. None of the four occupants wear­ seen such an effort since the regulation has that most reliable by far is real world data." ing seatbelts sustained gravitational forces been issued, even though strong and nu­ However, out of 12,000 vehicles which have above the standard for fatality. But three of merous concerns have been expressed regard­ travelled over 480 m1llion miles there have the four air bag cases showed fatal forces. ing the use of sodium azide. been only 165 air bag crash deployments. To our knowledge, DOT has never issued a This is one more area in which we firmly In her letter dated July 21, 1977, responding substantive c·omment or analysis regarding believe more data and information is needed to a request for comments from Honorable these tests. before we reach a final decision concerning John E. Moss, Ms. Joan Claybrook, NHTSA A discussion of air bag effectiveness should air bags. Administrator, stated that "[a)lthough this include some discussion of seatbelts and COST TO CONSUMERS field experience provides valuable informa­ their relative merits in light of the avalla­ While we are concerned about the effective­ tion as to the practicabUity and reliability b111ty and economy. Seat belts are present ness of air bags as pro.1ected from the limited of air bags, all knowledgeable parties agree in over 90% of the cars on our highways data presently available, we are also con­ the fatality data are insufficient to permit today. A set of 5 seatbelts (2 lap/shoulder cerned about unnecessary costs to consumers drawing statistically supportable conclu­ harnesses in the front seat and 3 lap belts in for a device which may prove to be a dis­ sions." In its "Summary of Air Bag Experi­ the back seat) costs $85 on the average in a a1Jpointment from a safety standpoint. Cost ence 1973-1977", dated May 31, 1977, NHTSA new car today. In the testir.-.ony before the estimates for the air bag system vary sub­ admitted it was true that "there are sim­ Subcommittee, all parties, including the stantially. Although NHTSA estimates the ply not enough cars in the field to permit DOT, agreed that a seatbelt usage rate of installation cost at $112 and the replace­ statistically significant estimates of their ef­ between 50% to 65% (usage percentage vary ment cost at 325, their estimates are the low­ fectiveness." The need for more data is ob­ somewhat) would result in comparable, if est. (Ford Motor Company in its petition vious. This need is reinforced by the fact not greater, protection for auto occupants. dated August 4, 1977, to DOT for reconsider­ that there have been 15 non-cra.sh deploy­ While air bags only provide protection in ation of the air bag standard indicated that ments as of September 1, three of which oc­ frontal and angular frontal collisions, seat­ DOT has in its possession supplier data curred on the road. As noted by DOT in its belts provide protection, in these collisions which shows that the cost of air bag com­ discussion of considerations underlying the as well as in rollovers and side and rear ponents alone exceeds the $112 DOT esti­ standard which accompanied the proposed collisions. All of these fa,ctors constitute a mate.) Estimates from the auto manufac­ FMVSS 208, "[t]he frequency of inadvertent solid argument for the seatbelt which, if com­ turers range from $193 to $250 for installa­ deployment is . . . of special concern." They bined with substantial effort to promote tion and from $300 to $600 for replacement. state that "[t)here 1s little question, how­ greater usage, could save more lives than the These estimates should be viewed as addi­ ever, that inadvertent actuation could cause air bag. tional costs to consumers who have been pay­ loss of control by some segments (aged, in­ SODIUM AZIDE ing for lap and shoulder belts in all cars experienced, distracted) of the driving popu­ Sodium azide is currently being used by manufactured since 1968 and who will con­ lation, and it must be viewed as a small but all of the major air bag suppliers as the tinue to pay for 5 lap belts on the average (2 real cost of air bag protection." While DOT solid propellant for infiation of the air bag. in the front seat and 3 in the back seat) argues that the causes of the inadvertent Each air bag is equipped with a canister con­ under the mandate. deployments are known and can be elimi­ taining approximately 1%, pounds of sodium NHTSA's argument that air bag costs will nated, they continue to occur. The need for azide. This compound has been found to be be offset by savings which will be realized further design improvements to eliminate a potent mutagen in a wide variety of by car owners of the 1980's from the fuel this occurrence is obvious, particularly since organisms by two Washington State Uni­ economy standards announced by Secretary DOT estimates 7,000 on-the-road inadvertent versity geneticists, Professors Nilan and Adams in June, 1977, must be countered with actuations annually, or one for every 15,000 Kleinhofs. This finding has been confirmed the fact that the air bag system will add a vehicles. by Dr. Bruce Ames, Chairman of the Genetics minimum of 38 pounds to the car which will EFFECTIVENESS Department at the University of California increase, by DOT's calculation the annual The DOT has estima.ted that approximate­ a Berkeley. No genetic tests have been made consumption of fuel by automobiles by 0.71 ly 9,000 lives could be saved each year if all on humans or human cell cultures but the percent (about 521 m1llion gallons annually). cars are equipped with air bags. This estimate likelihood of its being mutagenic in humans CONCLUSIONS is based on the use of assumptions, adjust­ is high in view of the compound's muta­ There is little question that the data and ments, and effectiveness factors, all of which genicity in a relatively wide variety of experience regarding air bags are totally in- October 17, 1977 EXTENSIONS OF REMARKS 34051 sufficient to make a meaningful evaluation The decision of DOT to mandate the use delphia Rapid Transit Line in January 1969, of their effectiveness. As we mentiond earlier, of air bags in our automobiles is clearly pre­ there were dire predictions of trouble ahead. the data base used by DOT is so sparce that mature, and we ask the support of our col­ Within three years after operations began, its conclusions from the data indicate that leagues in our efforts to disapprove this ac­ Port Authority Transit Corporation was in air bags offered a greater degree of protection tion. trouble and those troubles have continued to in those types of crashes in which the air grow ever since. We don't have enough cars bag was not designed to deploy (non-frontal to carry all the people who want to use our crashes) than it did in those types of crashes BING CROSBY service. We don't have enough fare collec­ in which the air bag was designed to offer tion equipment to adequately and efficiently protection to automobile occupants (frontal process the crowds of riders who surge upon crashes). These conclusions alone should in­ HON. EDWARD P. BEARD us every workday morning and evening. We dicate that the data used by DOT to evalu­ don't have enough parking capacity to re­ ate the effectiveness of the air bag is totally OF RHODE ISLAND ceive and store the cars of those commuters incomplete and inadequate. IN THE HOUSE OF REPRESENTATIVES who drive to our train stations, then volun­ However, despite the fact that its conclu­ Monday, October 17, 1977 tarily get out of their private automobiles sions are completely inconsistent, DOT chose and continue their ride on public mass to ignore General Motors' extensive evalua­ Mr. BEARD of Rhode Island. Mr. transportation. tion of basically the same data using different Speaker, millions of words have been In an age when all other public mass methodologies in which serious questions written all over the world in tribute to transit agencies were piling up huge operat­ were raised as to the air bag's effectiveness. ing losses annually, where services were be­ Bing Crosby who died last week. I think ing abandoned or drastically curtailed, in a Not only did DOT take the incredible action it is natural to remember Bing as the of dismissing the GM study, without sub­ business which for the past two decades had stantive comment, on the grounds that singer, the Academy Award winner, as each year been able to serve only a diminish­ "General Motors is a vastly interested party an actor, and as a powerful force in the ing portion of an expanding potential in these proceedings", but it also rejected world of both amateur and professional market demand, how could this apparent OM's request to have independent and disin­ sports. However, I do not think enough paradox happen? The answer is, because we terested experts review the basic data and has been said of Bing Crosby as a de­ planned, built and operate it to be success­ analyses of both DOT and GM in order to voted family man, a devoted member of ful-it is economically sound. determine the validity of both. In addition, his church, and a quiet benefactor for Unfortunately, the successful achieve­ the potentially serious questions raised by ments of the Lindenwold-Philadelphia Rapid the Corell Aeronuatical Laboratory regarding an unknown number of deserving chari­ Transit Line have been the exception rather the safety and effectiveness of air bags have ties. That was Bing Crosby's style-unas­ than the rule for a major portion of public not been addressed by DOT in any substan­ suming, shunning the glare of show busi-, works projects today, and particularly so in tive manner. ness publicity, shar~ng his good fortune respect to new rail rapid transit projects re­ without bugles or banners. cently completed or un~er construction in While we do not take the position that the major American cities. The enormous capital studies conducted by General Motors and Although he was a national figure for ccsts of the BART facilities on the west Cornell provide the correct analysis regarding 40 years, Bing Crosby was a bit special coast have, so far, not produced a system the effectiveness of air bags, we do firmly to Rhode Island. We well remember his which is reliable for its users and economic believe that these studies taken in conjunc­ relaxed style of life and his warm in its operation. The WMATA system in tion with the abvious inconsistencies in the friendship during the months he spent in Washington, D.C., was originally expected to DOT study make it abundantly clear that Newport making a film and his many require $2 .5 billion to construct and now is much more data and experience are needed estimated to require $4.5 billion. The MARTA before the Federal Government mandates the visits in later years when his sons were attending one of Rhode Island's finest system in Atlanta was expected to require a use· of air bags. capital investment of $1.3 billion when the The testimony before the Consumer Pro­ schools, the Portsmouth Priory. electorate gave its endorsement to the project tection and Finance Subcommittee from both The voice of Bing is not stilled-his and is now estimat-ed to cost $2.1 billion and proponents and opponents of the passive records will live on forever. I commend to construction isn't really underway yet. restraint standard makes it clear that if my colleagues the personality and the These seemingly uncontrollable capital seatbelts were used more extensively by the spirit of Bing Crosby of whom Frank costs, coupled with the growing demand for public they would provide comparable, if not direct operating subsidies of virtually all greater, protection than air bags. Also, the Sinatra said: Bing leaves a gaping hole in our music and forms of public mass transit, have led The very critical fact that air bags would not be Secretary of the U.S. Department of Trans­ available in our overall automobile popula­ in the lives of everybody who loved him. portation to issue a policy statement declar­ tion for at least 14 years, while seatbelts are And that's just about everybody. ing that fixed guideway transit systems can now contined in over 90 % of the care now be regarded as appropriate only in high­ on the road should not be overlooked. density metropolitan areas of approximately We should certainly not, as a matter of RAPID TRANSIT-IT CAN BE ECO­ two million persons or more. If the Secre­ national policy, mandate the substitution NOMICALLY SOUND-PATCO GEN­ tary's expressed policy is adhered to, then of a proven restraint system for one that ERAL MANAGER ROBERT B. JOHN­ millions of our citizens throughout the na­ may well prove to be less effective once suf­ SON ADDRESSES THE ISSUES tion will be sentenced to forever endure the ficient data and experience is available. The choking congestion that is strangling the vi­ lack of wisdom of the DOT decision becomes tality and life from our cities. even more apparent when taking into ac­ HON. ROBERT W. EDGAR I do not fault the Secretary's conclusion if count the fact that 1;_he implementation of OF PENNSYLVANIA based upon the evidence accumulated from this standard will cost the American public IN THE HOUSE OF REPRESENTATIVES these other areas. I do fault the managers of in excess of $2 billion a year and place into the planning, design and construction, and our environment large quantities of a known Monday, October 17, 1977 the operations of systems which have virtu­ mutagen which will be distributed geograph­ Mr. EDGAR. Mr. Speaker, rapid rail ally preordained the extravagant waste of our ically throughout all regions of our country. precious public resources on unworkable In addition. such an action may well have transit has been under attack in recent schemes and unmanageable systems. This ex­ the adverse effect of casting public suspicion months by a variety of Government of­ istent situation need not be. The Linden­ on the effective belt system and thereby dis­ ficials and transportation experts. I wold Line is existing proof that modern rail courage its use. would like to bring to the attention of my rapid transit can be constructed and oper­ If the air bag proves to be ineffective or if colleagues a success story in this area a ted economically. the toxic chemical sodi urn axide proves to which points out that good planning and The Lindenwold Line is the first, and to present a substantial risk to our citizens, it good management can avoid some of the this date only, rapid transit project to be will be years before we can fully correct the horror stories which have made rapid conceived, designed, and constructed from situation. rail transit less attractive than alterna­ the ground up with one foremost objective We sincerey believe that the wiser and in mind-to win the patronage of the po­ tive commuter modes. The following tential passenger and to accomplish it within more sensible apnroach would be to ex­ speech by PATCO Manager Robert B. peditiously reinstate the Coleman decision the economic resources of its Authority. To and enact such legislation with such funding Johnson was delivered 2 years ago in achieve this objective, the designers adopted as may be neces"'ary to carry out extensive, Detroit. In detailing the experience he the best of known technology within the intense, and comprehensive programs to edu­ has had with the very successful Linden­ urban transportation field. Of course, new wold line, Mr. Johnson points out that concepts and ideas were examined-but they cate the American public as to the value of were adopted only when examination proved seatbelts and strongly encourage their use. rapid transit can work: they would actually improve reliab111ty and Unfortunately, a program of the magniture RAPID TRANSIT-IT CAN BE ECONOMICALLY efficiency for both passengers and operator. necessary to accomplish this ob~ective has SOUND Concepts were not adopted just for the sake never been undertaken by the Federal Gov­ When the Delaware River Port Authority of being new (I happen to subscribe to the ernment and is well overdue. began operation of its Lindenwold-Phila- philosophy that a good design is modern 34052 EXTENSIONS OF REMARKS October 17, 1977 even if old in years if it is the most efficient erate or decelerate whenever the corre.spond- rapidly and reliably, day after day after day. way to perform the desired function: Wheels ing change in speed is dictated by right-of- The passenger doesn't care-has no interest have been made round for hundreds of way condit ions. As the front of the train in knowing-whether the train is controlled years-why change them?) Automation passes over a point 1900 feet before the cen- by a master centralized computer, or local­ technologies were adopted only after careful ter of th·e next station pl:ttform, the train ized control-whether it is powered by AC examination proved they would enhance re­ receives a ststtion stop command. The ATO or DC motors or by little sq.uirrels running liability and efficiency. sp·eed-distance regulator cau!O es the train to around cages-whether it operates on stand­ Our trains are operated by a one-man decelerate at the optimum rate and to stop ard gauge rails or extra wide rails-whether crew, regardless of the length of train. We at the station with the center of the train those rails are supported on timber cross recognized from the beginning that it would at the center of the station platform. Then, ties or concrete croes ties. The passenger does always be necessary for a train operator to the operator press.es a button to open the care about being able to board his people­ be aboard every train. In the event of the doors. After the p 1ssengers have disembarked box every day at a pre-established time, unusual, or if a train becomes disabled for and/ or boarded the train, the operator riding in a clean and comfortable environ­ anyone of a dozen or more causes, someone presses the button to clo"e the doors and the ment, arriving at his destination without be­ must be present and in charge. You cannot proces'! i "'. repeated. PATCO relies u9on the ing ruffled either physically or emotionally, leave a group of 800 or more persons en­ on-site, perso, al observation of the train completing the trip as quickly as possible, trapped in a stalled train listening to a re­ operator to determine the appropriate dwell and accomplishing it all at a fare which he cording saying "don't worry, don't worry, time at ·each station. considers to be reasonable. don't worry-". And so the designers were Not to b·e o ·· erlool~ ed as a s i<:mific'3 nt fac- It is ab ~ olutely essential in urban mass told there will be a train operator on every tor in achieving economy of - operation is transit systems that the facilities be de­ train, the train operator must be capable of PATCO's novel hre collection system. The signed to create within them an attractive operating the train in a manual mode with­ function of any fare collect ion system is to and pleas:tnt social environmen t , and that it out degradation of train performance, and collect m oney from the user:> pocket and to will be economically possible to maintain the train operator must be an integral part depo, it it in the bank for use in paying for that environment. The importance of clean­ of the Automation process. On PATCO, the t e e s·ervi:::e. PATCO uses a self-s.::Jrvice, auto- liness cannot be over-emnhasized. The de­ train operator sets up the control console to matic fare collection system, utilizing mag- signers of some n ew systems have created notify the ATO system that the train con­ netically encoded tic!Tets. Passenger stations marvelously beautiful stations. Yet, their sist is l-ear, or 6-cars, or any length in be­ are normally un-attended but are under ste.tions are monsters to keep clean, lighted tween; the operator opens and closes the closed circuit TV surveillance to protect and maintained. It is little credit to the doors; the operator determines how long a against far·.':l evasion and a"sure passenger se- designer if what he creates cannot be eco­ train should remain in a station; the oper­ curity. Passengers buy a single or two-ride nomically maintained. Stations need not be ator initiates train acceleration; the oper­ ticket from automatic vending machines or palatial museums, but they must be attrac- ator, by depressing a station by-pass button, 10-ride tickets by mail or from the news- tive, functional, well illuminated, easily can cause the train to pass through a station sta.vd;; located in each station. The ticket cleaned end economical to O"erate. This ob­ without stopping. And just to be sure the is inserted into the Automatic turnstile upon jective can be achieved without extravagant PATCO train operators remain in a hlgh state entry, where it is el'ectronically read, one ride exuenditure; the average cost of each of of readiness to perform their functions, each is subtracted from its value, the ticl<" et is the six new stations on the PATCO system operator is required to make one of his off­ re-encoded so that it must next be used for when built in 1968 was $600,000. peak round-trip runs each day in a fully "exit.", and the turnstile is unlocked to allow DESIGN coNCEPTS manual control mode. the passenger to enter into th·e "paid" area; Let's turn our attention more specifically By assigning these functions to the train this proce::s requires approximately 0.6 of to the planning, design, construction and operator the capital cost of automation is a second. Upon reaching the destination sta- operation of the Lindenwold Line. The basic reduced to but a fraction of the cost of mas­ tion the passenger in"erts the ticket into the starting point was recognition that the fa­ ter centralized computer automation systems. turnstile in the exit direction where it is cility to be built would have to offer a level And by reducing the complexity of its sys­ electronically read to verify that the ticket and quality of service so attractive to the tems, PATCO's automation systems have was valid for the trip just completed. If the potential user that he would voluntar­ proven to be highly reliable, and are capable ticket is valid the turnstile is unlocked fer ily chcoc:e to u se mass transit in his daily of being maintained at reasonable costs. exit and the ticket captured if zero rides travel. The factors which influence choice of PATCO trains are designed to facilitate remain, or returned to the pas::enqer if valid travel mode are (in their descending order ra.pid changes in train-consist without any rides yet r.emain on the ticket. Tickets are of importance) speed, convenience, comfort, intervening moves to a marshalling or stor­ always captured in the exit turnstile upon cost. age yard. There is an operating cab in each completion of the last ride. s~eed is the most important factor of all. car and some cars (single units) have a cab Automatic Fare Collection is a sound and PATCO facilities were designed to reduce at each end. Fully automatic couplers, con­ valid concept. For one thing, it reduces the the overall travel time from the suburbs to trolled from the adjacent operating cab, potenti11 of fare evasion since the automatic downtown by 50 % . This required that the make up the mechanical, electrical and air electronic equipment doesn't hav·e any transit line yield an overall average soeed, connections between cars. When a 6-car train friends; for example, it was reported by the including station stop times, of 40 miles per on the PATCO system completes its morning Illinois Central Gulf Railroad that wh·en it hour and maximum operating speed between rush-hour runs, it may be separated into installed automatic fare collection on its stations of 75 miles per hour. The portions three 2-car trains and each dispatched suc­ commuter service that its revenues increas·ed of route utilizing subway in Philadelphia and cessively without any movements into or out sub'3tantially without any apparent chan~e Camden, as well as the approaches to the of the yard and without any assistance from in the number of passengers. However, the Benjamin Franklin Bridge over the Delaware anyone other than the train operator. Fre­ most significant benefit is the potential re- River have short radius curves where speed quently, within two minutes after a 6-car duction in operating cost available to the must be limited to 15 mph. All of the new train arrives at Lindenwold at the end of the operator. PATCO's fare collection cost"l are portions of route where the line emerges morning rush-hour, two cars from that train the lowest in the industry. Jn 1974 PATCO's from the Camden subway is designed with wm be enroute back to Philadelphia. cost of collecting money from its passengers' a maximum safe operating speed in excess PATCO ooentes the mcst successful auto­ pockets a nd depositing the money in the of 100 mph. mated rapid transit service in North Amer­ bank, including all servicing, maintenance, Convenience is the next most important ica. I firmly believe in automation when­ processing m aterial and administrative costs, factor. Convenience m·eans easy access to ever the automation will result in a safe, and all closed circuit TV operation and main- the transit facilities. It means availability of more reliable and more economical operation tenance cost, totalled 8.6 % of revenue. This service when you want to travel. It means than can be achieved by manual operation. is to be compared with an industry average never having to wait long intervals for the But, I do not subscribe to th·e idea of auto­ of roughly 25 % and in some Clses as much as next train if you just missed one. It means mation just for the sake of automation. For 50 % of revenue. By taking advantage of the being able to count on service any time of example: PATCO trains normally operate full potential of automatic fare collection day or night, 365 days a year. It means being under Automatic Train Operation (we call it in utilizing unattended stations, PATCO able to depend on getting to your destina­ ATO) . The starting signal for a trai11 depart­ save.'l approximately $1 million annually in tion on time. ing a terminal point is automatically given direct labor cost. For the convenience of its passengers, by means of a punched-tape dispatching ma­ In my opinion the planners, designers, PATCO provides nearly 10,000 automobile chine at the terminal point. The train opera­ and engineers of most of the other new pa:·king spaces distributed amongst its six tor presses a button to close the doors, then rapid transit systems have lost sight of the suburban stations. There are kiss-n-ride fa­ presse<~ a second button to initiate accelera­ real objective of the passenger. People use cilities for those who are driven to the sta­ tion of the train. The on-board ATO system a mass transit system to get from a point tions by their wives or sweethearts. There automatically accelerates the train at the of origin to a point of destination, and they are feeder-bus docks for those utilizing maximum programmed rate until it reaches want to do it quickly, reliably, comfortably buses of the local transit system, and of the allow a bl'e speed in that particul u track and economically. The vehicle is nothing apartment, business and commercial devel­ section. The ATO system reflulates the train more than a people-box. The designers' job opers. There is a platform at Lindenwold speed to within 2 miles per hour of the au­ is to create a system which will enable that where pas~engers disembark from railroad thorized speed, and causes the train to accel- people-box to traverse the transit corridor trains arriving from Atlantic City, Ocean October 17, 1977 EXTENSIONS OF REMARKS 84053 City and Cape May. There are bicycle racks 35 cents to a maximum of 75 cents, results energy to propel the trains has risen 90 at each suburban station for those choosing in a cost to the rider which is somewhat percent. If fares were permitted to rise in this mode of getting to and from the sta­ proportional to the length of ride. A signifi­ parallel with general inflation, PATCO tions. cant percentage of the parking spaces in would stlll be covering all operating and For the convenience of its users, PATCO PATCO stations are free; a charge of 25 to maintenance costs from the fare box. In­ operates 24 hours a day, 7 days a week and 50 cents is made for the remaining spaces. terestingly, when PATOO raised its fares in 365 days a year. On a normal weekday we OPERATING ORGANIZATION 1972, and when it increased its parking operate 331 one-way revenue train trips per rate in 1975, there was no drop in patronage. day. From 5:45 a.m. until 12:00 midnight, Our Board of Commissioners recognized Today, on one route, PATCO is carrying the longest interval between successive trains that a properly motivat~d operating or­ approximately 30% of all dally commuter ganization is just as important to the suc­ is 10 minutes, in fact from 6:45 a.m. until work trips from Sou~h Jersey into center­ 11:00 p.m., it's 7'/:z minutes. During the cess .of the transit venture as is the design city Philadelphia. And, even though PATCO morning rush-hour this headway is closer of the facilities themselves. To achieve this has spurred a major boom in residential and to 3 minutes, and during the evening rush­ objective, the Authority established its commercial real estate development through­ hour to 2 minutes. From 12:00 midnight until wholly owned subsidiary, the Port Authority out the corridor it serves, it has also served 1:30 a.m., there's a train every 30 minutes, Transit Corporation. Key personnel were se­ to materially reduce traffic congestion on then once an hour until 5:00 a.m. This is lected to head up the various departments parallel major arterial highways. For in­ dependable service: in 1974 we again operated and other supporting functions. Detailed stance, the average rush-hour speed of auto­ better than 98.16% of our trips "on time". procedures were established prescribing how mobile traffic on White Horse Pike (parallels An example of the special convenience train service was to be operated and how PATCO Line) increased by 30 % between which PATCO provides for its passengers is the equipment and facilities were to be 1960 and 1970, primarily as a result of the the transportation to and from the Academy maintained. Special care was taken in de­ startup of PATCO service. of Music, home of the famous Philadeluhia veloping these procedures to make full use An analysis of a survey of P ATCO riders Orchestra. The music hall is located at Broad of the advanced technical capabllities of the reveals that approximately 90% use the and Locust Street, just one short block from equipment and facilities being provided, and automobile to travel to and from the PATCO our 15th and Locust Station. We have an not to be encumbered with traditional but stations, 50 % of these are kiss-n-ride pass­ arrangement with the management of the groses, the PATCO matic change-making machines and ticket 3,000. And now the moment of truth had service in coordination with the automobile vendors supply passengers with magnetically arrived-"The Delaware River Port Author­ is superior to driving for many people. 42,000 encoded tickets in unattended passenger ity had gambled $94 million to build the daily riders on PATCO trains and more than stations. Automatic Fare Control gates con­ Line; would the commuting public buy the 9000 automobiles which daily crowd into the trol passenger entry and exit to and from service?" PATCO parking lots all serve to testify that stations, subtracting one ride from each The answer wasn't long in coming. On P ATCO has provided the proverbial "better ticket in the process, and swallowing the Monday, February 17, 1969, 14,850 riders paid mousetrap" and people are beating a path ticket upon exit when the last ride has been their fares to ride on PATCO-and the rider­ to our stations. consumed. Automatic equipment sorts the ship has continued to grow ever since. Second, good quality transit service can previously used tickets in to ticket types and PATCO is now carrying approximately 42,000 reduce air and noise pollution, and conserve zones, and re-encodes the tickets for sub­ fare paying riders per average workday. energy. Electric trains draw power from elec­ sequent re-stocking in the automatic ticket Examination of the record of 6 'l:z years of tric utllity stations where primary energy vendors. Cars are automatically washed as operation dramatically demonstrates the is converted to electrical energy under con­ they pass thru the car washer twice a week. validity of the concepts under which the ditions which can be controlled to emit little Automatic supervisory-control systems moni­ Lindenwold Line was conceived, planned, or no air pollution. And with proper plan­ tor and control electric power and signal constructed and operated. At the end of 3 ning, design and maintenance, a high speed protective systems. years we had reached the break-even point train traveling at 75 miles per hour and car­ For the comfort of its users and neighbors in paying our operating and maintenance rying from 600 to 800 persons emits less the trains are de.c:igned to be quiet in opera­ costs from the fare box. In 1972, 1973 and noise than does one diesel bus or truck trav­ tion, well illuminated inside and fully air 1974 we paid all direct operating and main­ eling at 40 miles per hour, and consumes far conditioned with automatic temperature and tenance costs from revenue fares and had less energy than alternative highway-ori­ humidity control. Car seats are well padded a small net earning which we paid over ented modes. and upholstered and contoured to fit the to our corporate parent, the Delaware River Third, high quality mass transit service human body rather than the car body. Seats Port Authority, to aid in debt service. In all can materially reduce traffic congestion. are provided for 80 passen?ers per car. candor, I must acknowledge that we expect Even though there has been no new high­ Two 50-inch wide hi-parting doors on each to accumulate a direct operating deficit in way construction in the corridor, and de­ side of the cars permit quick loading ll.nd un­ 1975 of auproximately $600,000. The reasons spite major residential and commercial de­ loading of passengers and enable PATCO to for this deficit are that ridership growth is velopment throughout the area, there has maintain an average station dwell time of being stunted by the over-crowding of trains been a 30% increase in the rush-hour travel only 12 seconds per stop. and saturated parking lots, and that we are speed by automobiles along the major high­ Cost of the P ATCO service was priced to still operating on schedules of fares estab­ ways paralleling the Lindenwold Line. This be competitive with or lower than the ap­ lished in April 1972 even though subsequent is a very significant benefit to those persons parent out-of-pocket cost of driving, when to the establishment of these fares our labor whose particular circumc;tances do not lend considering fuel, parking and tons, and with costs have risen by 46 percent, cost of con­ themselves to using public mass transit. competing modes of mass transit. A 5-zone sumable materials other than energy have Fourth, existing and proven technology is fare structure, ranging from a minimum of risen 51 percent and the cost of electrical fully capable of providing the kind of re- CXXIII--2143-Part 26 34054 EXTENSIONS OF REMARKS October 17, 1977 liable, safe and socially desirable rapid tran­ a working-class community o.{ Pan~mania~ CIVIL AVIATION REGULATORY sit service which wm induce automobile in San Miguelito, a suburb of Panama City. REFORM ACT drivers to become transit riders. There is From his unique position as an American little· to be gained and much to be lost in viewing the American presence from Pana­ delaying the implementation of meaningful manian turf, he describes the U.S. role there HON. PHILIP M. CRANE rapid transit projects in our urban and as "radically colonial." OF ILLINOIS metropolitan centers, on the vague hope Colonialism has strong racist overtones, that some mystical exotic new technology and the priest emphasized that "color still 'IN THE HOUSE OF REPRESENTATIVES wm evolve by some undetermined future comes to bear in the Zone. The image that is Monday, October 17, 1977 date, and magically solve our problems. The cultivated in the United States and what we technology is available, off-the-shelf, here would hope to be presenting abroad is shock­ Mr. CRANE. Mr. Speaker, on April 29, and now, ready and able to do the job. To ingly absent in the colonial mentality in the 1976, I was pleased to introduce the Ford await "costly perfection is pointless if it Zone." administration's proposal to reform the means that reasonable transport can only be Most of the Panamanians who work in the regulatory structure of the domestic air­ achieved in time for the next generation." Zone live in Panama. But those living in the line system. Today, I have introduced a Fifth, rail rapid transit, when properly Zone are strictly segregated in their own liv­ new bill which selectively borrows from conceived, planned, constructed and effi­ ing areas. various recent legislative proposals of ciently managed, need not incur the huge The second--class status produces a conflict and horrendous deficits which are common 1977 while stressing the concept of in­ for the ordinary worker, said Father Enright. creased competition in the airline in­ today. In planning and designing new tran­ While the Panamanians don't like that kind sit systems, or in improving existing systems, of treatment, they like the money. Workers dustry. In offering the Civil Aviation we must utilize automation techniques in the Zone receive the American minimum Regulatory Reform Act, I wish to stress wisely and skillfully, and resist the tempta­ wage of $2.30. If the same person worked in four major concepts at which the bill is tion to automate just for the sake of auto­ Panama, he would get about 60 cents an aimed. mation. It makes no sense to automate a hour. process unless it can be proven that the First, regulatory reform of the Civil automation will result in a safe, more re­ The existence of the Zone is the dominant Aeronautics Board will improve and liable and more economical operation than force in the small Latin American nation. stimulate the airline industry. There can be achieved by manual operation. And "There is an overwhelming presence of might should be no mystery to the fact that in­ for every automated process you must pro­ and strength," the priest said. He makes fun dustry does a better job when it com­ vide full capab111ty of manual operation in of those who say that in approving the treaty the United States would be turning over the petes for the public's business than when order to be able to cope with all unusual government shields it from competition. and emergency situations which will come canal to a military dictatorship. up. Operating organizations must be freed Even now, "the governor of the Zone is an Exhaustive studies are available from of the fetters of obsolete rules and labor American Army general," Father Enright both Houses of Congress, the Depart­ practices, and of unnecessary regulations by said. The 14 American military bases dotted ment of Transportation, the General Ac­ various governmental agencies. The fact that up and down the canal are "the thing that's counting Office, the Council of Economic PATCO is self-regulating in matters of really in the craw of the Panamanian univer­ Advisors, not to mention the private safety and service standards thrusts an addi­ sity students" who are protesting the Pana­ sector which prove this point. tional and welcomed burden of responsibil­ manian government's signature on the Of the top 30 industries in the ity upon the PATCO management. treaty. The new treaty lets the United United States, the regulated airlines have The principles which I have outlined have States keep the bases until1999. the lowest return on investment, behind enabled PATCO to achieve the hi~hest level And that's not the only way the Americans of productivity of any mass transit agency embellish their supremacy with brass. even the railroads. Yet, overwhelming in America. There's also the School of the Americas. evidence suggests that if air fares were On the Lindenwold Line, that is the way This innocuous-sounding institution in allowed to drop below the Government we conceived it, the way we planned and de­ the Zone is run by the American military as a mandated level, the average number of signed it, the way we built and operate it. teaching center-not to raise the educa­ passengers per aircraft would increase And it works! tion level of poverty-stricken Panamanians, and due to efficiencies of scale airlines but to pass on techniques of political and would earn higher profits. If this were military science to the military elite through­ to happen, consumers would greatly PRIEST WITH PANAMA BACK­ out Latin America, he said. GROUND SPEAKS OUT benefit from regulatory reform. One of the products of the school is Omar Air fares would not necessarily go Torrijos, the general who took over in Pana­ down on all flights; this being something HON. PAUL SIMON ma in a 1968 coup. the free market would have to deter­ The Chicago priest said that when he went OF ILLINOIS mine. But as in the intrast·ate market to Panama in 1964, the Guardia Nacional, IN THE HOUSE OF REPRESENTATIVES where pricing decisions are largely left which has been roundly criticized in the up to the airlines, the fares would prob­ Monday, October 17, 1977 United States for trampling on Panaman­ ians' rights, was able to keep order simply ably be reduced. Amazingly, the intra­ Mr. SIMON. Mr. Speaker, the Chicago with nightsticks. But from the time Torrijos state airlines have successfully offered Daily News, the other day, carried an came in, their sticks have become machine­ fare-s which are lower than the bus fare article by Ray DeLong about a sermon guns and the "national guard" is now also between cities. I offer as evidence the· preached by Father John P. Enright, who an air force and a navy. "The United States following chart which compares the spent 13 years as a parish priest in Pan­ has gone into the arms sales business there." fares of the unregulated intrastate car­ ama. Father Enright said. riers in Texas and California to the CAB Father Enright is correct in his asser­ According to the priest, it's another kind regulated fares on the very same routes. of commerce-a missing kind-that rankles tions that the principle issue here is many Panamanians: the commerce that goes The fares tabulated as of April 1, 1977: colonialism. through the big ditch itself and has always Pacific CAB I am inserting the article into the accrued to United States' interests. South- For- RECORD at this point, and I hope my col­ "The canal is their one national resource," west mula 2 leagues in the House and Senate will read Father Enright said. Panama should be a Market Airlines I Fare 3 this brief article: Burbank-San Jose ______$25.50 $48 commercial center, he believes, because of Fresno-Los Angeles______20. 00 37 CANAL PACT CAN RIGHT A WRONG the canal. Fresno-San Francisco______16.01 32 (By Ray DeLong) Now that he's back in Chicago, Father En­ Los Angeles-Sacramento_____ 26. 50 43 "I preached Sunday on the gospel of Laz­ right's parish is another Spanish-speaking Los Angeles-San Diego______12.25 28 arus, the poor man who sat at the rich man's one, but this time his parishioners are from Lo.s Angeles-San door, begging crumbs," said the Rev. John P. Mexico, not Panama. And when he delivered Francisco ------25.50 49 Enright. "It was a natural." the homily on the treaty last Sunday, he Los Angeles-San Jose ______25.50 49 It was about the Panama Canal treaty. spoke in Spanish to a sympathetic audience. Ontario-San Francisco ______26.50 42 To Father Enright, 50, the analogy and the His summarized his thoughts on the Ontario-Sacramento ______26.50 54 subject came easily. He spent 13 years as a Sacramento-San Francisco __ _ 12.25 25 mission parish priest nine miles from the treaty ratification fight now under way: "We San Diego-San Francisco ___ _ seem to find it very hard to do justice to our 31.75 60 Panama Canal Zone before coming to Epiph­ San Francisco-Stockton ______12.25 23 any Roman Catholic Church, 2524 S. Keeler. friends. This treaty gives us an opportunity From 1964 to 1976, Father Enright served to right a wrong." 1 Footnotes on next page. October 17, 1977 EXTENSIONS OF REMARKS 34055

South- Certifi- American Association of Retired Persons. REMARKS OF U.S. SENATOR WILLIAM V. ROTH, west cated American Conservative Union. JR., PULASKI DAY BANQUET, COUNCIL OF Market 2 Airlines 4 Carriers Americans for Democratic Action. POLISH SOCIETIES AND CLUBS Dallas-Houston ------$15/25 39 Arkansas Consumer Research. Mr. Chairman, officers of the council, dis­ Dallas-San Antonio______15/ 25 41 Association of Massachusetts Consumers. tinguished guests, ladies and gentlemen. Harlingen-Houston ------15/ 25 45 Aviation Consumer Action Project. I am especially pleased and moved to be California Consumer Action Group. 1 Official Airline Guide, April 1, 1977 here this evening, because, marking as it Common Cause. does the 200th Anniversary of the Battle of 2 Only Non-stop markets served by both Consumer Alert. certificated carriers and intrastate carriers Saratoga, it has special meaning for me. It have been listed since only these have been Consumer Education and Protective Asso- brings to mind one of the greatest Poles of ciation, International. all times, and it makes me personally aware assigned official CAB mileages for "the pur­ Congress Watch. poses of calculating the appropriate CAB of just how much we Americans owe that Cooperative League of the USA. great land of Po~s.nd. formula fare. DHL Corporation. a Standard coach fare as prescribed by the Fate plays st!'ange little tricks on us es­ CAB fare formula determined in the Domes­ Empire State Consumers Association. pecially when it comes to recognition of ef­ tic Passenger Fare Investigation and Food Marketing Institute. fort and achievement. Iowa Consumers League. I dare say there isn't anyone in this room amended by subsequent orders to April 1, Libertarian Advocate. 1977. These fares would apply to any inter­ tonight who hasn't noticed, somewhere state air route in the continental U.S. of National Association of Counties. along the road of life, how some people just National Association of State Aviation Offi- naturally get all the glory while others­ equal length to the corresponding PSA route. cials. Since these routes are not the main ele­ often much more skillful and earnest-seem ments in the systems of these carriers, the National Retail Merchants Association. de3.tined to labor forever in anonymous ob­ evidence that fares will decline in these National Retired Teachers Association. scurity. markets is somewhat less conclusive than National Student Lobby. For instance, a rock singer who can barely for the short haul, high or medium density National Taxpayers Union. carry a tune might be the plutocratic idol of markets. New York Consumer Assembly. millions, while a gifted baritone, who has Northeast Arkansas Citizens Committee. 4 Off-peak fare; peak fare. studied voice foro years, must eke out an un­ Public Interest EcoPomics Center. celebrated living by humming jingles for Mr. Speaker, it is important to note Se"~rs Roebuck and Co. radio commerciEls; that the possibility of lower fares offered Washington Committee on Consumer In­ Or an actress, whose artistry ranges from by this bill will open air travel to middle terest. Shakespearean tragedy to drawing room and lower income travelers who presently Western Traffic Conference. comedy, might barely get her name in the cast credits of a movie that gives star billing cannot afford to fiy. A study released by Also. actively supporting the concept to a vacuous bathing beauty. the General Accounting Office a few of airline regulatory reform are: United Or-Well, the list, from astronauts to months ago shows that fares would have Airlines, Pan American Airlines, Hughes zither players, is virtually endless. Wherever dropped 22 to 52 percent and that pas­ Airwest, Frontier Airlines, and Southwest humans gather to do work, be it in enter­ sengers would have saved $1.4 to $1.8 Airlines. Also included are: the Republi­ tainment or science or industry or politics, billion annually with reduced regulation. can National Committee, National Gov­ it seems the greatest achievers are often the Although these savings would probably ernors Conference, Airport Operations least recognized. require passengers to give up certain con­ Perhaps the most extraordinary personifi­ Council International, American Farm cation of this irony is General Thaddeus veniences, like exotic meals and award­ Bureau, National Industrial Traffic Kosciuszko, whose military genius played a winning movies, it is likely that the re­ League, and the National Association of role-decisive, but today largely unac­ duced rates would increase ridership. Manufacturers. claimed-in winning America its independ­ The third concept that I wish to stress The tremendous diversity of the pre­ ence from the British Crown. is that regulatory reform will reintroduce ceding groups combined with strong bi­ 200 years ago this month, at Saratoga, economic opportunities to those wishing partisan support from both Houses of New York, the Americans won a battle that to enter the airline industry but are ex­ historians judge to be among the 10 most Congress leaves no doubt in my mind that important of all time. The Battle persuaded cluded by law. Since 1950, the CAB has airline regulatory reform will soon be­ France and Spain that the Continental Army received 79 applications by new compa­ come a reality. I wish to commend Repre­ could fight and win against England's finest nies that wanted to enter the market. Not sentative GLENN ANDERSON and several troops, and this stunning demonstration of one was granted. The added competi­ other of my colleagues for their efforts in American grit and capability brought these tion would force airline management in­ this area and hope to work closely with two powerful nations into the war as allies to more cost-efficient resource alloca­ them in the future. of the colonies. tions than are presently practiced under And this, in turn, determined the ultimate political character of the entire North Ameri­ Government protection. The Board has can wilderness. long recognized the inefficiencies that Sure, the victory was the result of the exist in domestic trunk airline operations PULASKI DAY BANQUET tenacity and plain oldfashioned guts shown but have attempted to reduce it by apply­ by the American soldier. Of course, there ing more regulations and we all know were quick and wise decisions by General what the finished product looks like. HON. EDWARD J. DERWINSKI Gates, the American commander, and cer­ The last concept is that Federal inter­ OF ILLINOIS tainly there were good breaks for the Amer­ icans and bad breaks for the Americans and ference in the market decisions of a com­ IN THE HOUSE OF REPRESENTATIVES petitive industry is inherently untenable. bad breaks for the tough and courageous Monday, October 17, 1977 Englishmen. But the outcome of the battle President Carter has stressed that the still could have been disastrously reversed if airline issue represents the test case for Mr. DERWINSKI. Mr. Speaker, a it hadn't been for the brilliant tactical de­ the goal of reducing Government regu­ former Member of the House, and now ployment of the colonial and the selection lations as an overall concept. I applaud the greatly respected E'enator from of a site on which they made their stand. the administration for these efforts as Delaware, Hon. WILLIAM RoTH, JR., The deployment and site selection were no I have long been a proponent of alleviat­ addressed the Pulaski Day Banquet mere coincidences or last minute impro­ given by the Council of Polish Societies vision on the part of Yankee platoon leaders ing the private sector of the burdens of caught between the proverbial "rock and excessive Government regulation. I hope and Clubs in the State of Delaware on hard place." As directed by Kosciuszko they that those opposing enactment of legis­ October 7. represented a masterpiece of inspired mili­ lation of this nature realize that they In his remarks, he honors the gre~t tary strategy brought coolly and surgically should l;>e competing for the consumers Polish freedom fighter, Gen. Thaddeus to bear on British forces, which-for all their dollar just as other industries are. Kosciuszko, whose military genius played superior strength and combat savvy-had I would also like to point out that in a decisive role in the winning of our in­ lost the battle before 1t began. favor of regulatory reform there has been dependence from Britain, and gained Throughout the Revolutionary War Kosci­ uszko helped the Americans outsmart the formed one of the most extraordinary, him an honored place in American his­ Crown's forces at seemingly every critical broad-based coalitions in lobbying his­ tory. turn. The British Navy attempt to cut off all tory. This coalition, the Ad Hoc Commit­ It is a special pleasure for me to in­ of New England by sailing up and seizing tee for Airline Regulatory Reform, con­ sert Senator RoTH's remarks for the at­ control of the Hudson Valley was stopped in sists of the following members: tention of the Members: its tracks by Kosciuszko's shrewd fortifica- 34056 EXTENSIONS OF REMARKS October 17, 1977 tion of West Point; the British fleet's attempt will that his American assets-never claimed His spirit and determination in over­ to sail up the Delaware and trap Washington by him-be used to purchase the freedom coming his handicap should be an in­ north of Philadelphia was nailed to a halt by and education of slaves. spiration to all of us. Jimmy has repre­ Kosciuszko's twin forts that corked the River It's no wonder that when they learned of just south of what is now the Philadelphia his death, thousands of peasants from all sented himself, his family, and his coun­ Navy Yards; British operations in the south over Poland- with no means for a monu­ try honorably and we wish him well. were split and confused and ultimately de­ ment-carried handfuls of soil from their feated at Yorktown, thanks to the wily tac­ villages to the battlefield outside Krakow. tics and fortifications engineered by Kosci­ The tens of thousands of handfuls, piled uszko at key points in the long and arduous where Kosciuszko had nearly died in the WHAT HAS HAPPENED TO NIJOLE campaign. cause of his homeland, eventually made a SADUNAITE? Who was this Polish officer who did so monumental pile more than 200 feet high. much for us? So, while we might shake our heads over How incredible it is, actually, that Amer­ the irony of such a great and noble man HON. NEWTON I. STEERS, JR. icans today must even ask the question. going so generally unacclaimed here today, OF MARYLAND Thaddeus Kosciuszko, de.scended from a Kosciuszko himself would no doubt have famous line of Polish m111tary heroes, was smiled and dismissed the matter out-of­ IN THE HOUSE OF REPRESENTATIVES later to become Poland's combined equiva­ hand. Monday, October 17, 1977 lent of George Washington and Abraham Because it's evident that he knew, and Lincoln. He fought beside the American col­ lived by, a fundamental truth we so called Mr. STEERS. Mr. Speaker, many onists because he thought that people come "moderns" tend frequently to forget; fame, months ago, several of my constituents first--not governments-and that human riches, r..otoriety, acclaim- these are ephem­ came to me about the violations of the rights should be universally enjoyed by all eral, transient, will-o-the-wisp. What human rights of a Lithuanian Catholic mankind, not just a few. counts is what a person is, what he does. who is suffering great physical hardship For the record, he was born of Polish What a man truly is, what l1e truly does, in prison as a result of her religious be­ landed gentry, but he was not of the nobility are the things that gives the fact of his life eternal, immutable meaning. liefs. I have become active in trying to like Count Casimir Pulaski. He grow up in a bring justice and humanity to the treat­ rural area, learned to love the peasants­ Thaddeus Kosciuszko would be unlikely to Poland's common people-and, because he gain any attention under the standards of ment of this courageous individual, but understood both the aristocracy and the today's headline writers. In fact, it would be I am afraid her plight has not improved. peasantry, he eventually was able to unite difficult to find a monument erected in his I urge my colleagues to read an article them in Poland's struggle to become free of honor in more than a few places between that recently appeared in the Lithuanian Russian and .German domination. Capo Cod. and Big Sur. daily Draugas, published in Chicago Unlike his triumphs in behalf of the Amer­ But Kosciuszko would probably be the last which states some alarming new develop­ icans, his Polish efforts ended in calamity to care. He knew that he left his own monu­ ments in Nijole's case. I am also includ­ anti. defeat. ment on these shores-a personal bequest that will stand for all time in all history ing a copy of a letter I sent to Ms. Pa­ Kosciuszko nearly died of saber and lance tricia Derian, coordinator of Human wounds received while leading the peasants books, wherever men recall the past. His last desperate charge. But he survived, and, monument is the United States of America, Rights and Humanitarian Affairs for the more concerned about his fellow prisoners of the Nation itself. Department of State asking for her as­ war than he was for himself, he agreed to How proud I am to have shared the evening sistance in this rna tter: exile if they could be allowed to return to with all of you, who stem from the same heri­ [Translated from the Lithuania daily Drau­ their homes. tage-who are moved by the same love of gas published in Chicago, Ill., Aug. 30, 1977] liberty-as that splendid man, Thaddeus Kosciuszko, virtually paralyzed by his WHAT HAS HAPPENED To NIJOLE SADUNAITE?- wounds, managed to return to the United Kosciuszko. Thank you again, and good evening. MYSTERIOUS SILENCE DoES NOT BODE WELL States where he was given a tumultuous What has happened to Nijole Sadunaite? hero's welcome and grateful adultation from ask thosP. who recently visited Lithuania and every quarter-from President Adams and report that all contact with Nijole ceased Vice-President Thomas Jefferson, to the most after July 1, 1977. In the city of Vilnius it obscure Philadelphia householder. TRIBUTE TO JIMMY CROMWELL, JR. apparently is well known that many influ­ Nobody admired the valiant Pole more ential world figures and organizations are than George Washington, who, during his working on behalf of Nijole's release. That historic farewell to his officers, presented HON. JOHN J. DUNCAN her speech delivered during her trial has Kosciuszko with his personal pistols and OF TENNESSEE been translated into many languages, that sword, and, later, his own cherished cameo IN THE HOUSE OF REPRESENTATIVES her name is being mentionE'd ln the United ring symbolizing the Order of the Cincin­ States Congress, that some congressmen, who nati. When the crippled Kosciuszko was re­ Monday, October 17, 1977 initially had reservations concerning this ceiving America's acclaim, Washington sent Mr. DUNCAN of Tennessee. Mr. case, now fear the revival of the Stalin, Beria a note from Mt. Vernon. It read: Speaker, I would like to take this oppor­ era in the Soviet Union. "I beg you to be assured that no one has a tunity to ask my colleagues to join Numerous visitors returning from Lithu­ higher respect and veneration for your char­ ania report essentially the same story. Nijole acter than I have; and no one more seriously with me in honoring Jimmy Cromwell, is being tortured in the Mordavian prison. wished during your arduous struggle in the Jr., of Townsend, Tenn., in winning two Her weight is down to one half the normal cause of liberty and your country, that it gold medals and a bronze medal in rec­ weight; although it is not known whether might be crowned with success, But the ways ord-breaking performances in the World this is due to a hunger strike on her part or of Providence are inscrutable, and mortals Deaf Olympics which were held in due to withheld food rations. According to must submit ..." Rumania. the last received information, several months Thomas Jefferson wrote of Kosciuszko : Jimmy, who is an 18-year-old senior ago, Nijole received an unidentified visitor "He is as pure a son of liberty as I have who inquired whether she would like to emi­ ever known, and of that liberty which is to at the Tennessee School for the Deaf in grate to the West. The reply was yes. Soon go to all, and not to the few and rich alone." Knoxville, Tenn., has been deaf since after that, her treatment took a turn for the These were no mere, hollow words-no childhood. Nonetheless, he has not al­ worse. Some time later, the same person ap­ platitudes. Kosciuszko was a giant of intel­ lowed his handicap to stand in the way peared again with the same question, the lectual prowess, technical skills, artistic of living life to the fullest. same reply and the same consequences. When talents, and spirituality. He was in fact a While he has been a student at the he returned for the third visit, Nijoles answer soldier, a painter, an architect, a composer, a Tennessee School for the Deaf, Jimmy was no. Since that time no one has been able scholar, and a philosopher. But above all he to reach her, including relatives and friends was a warm and kindly human being, who has been captain of the swimming team (in prison) . built a little rock garden and fountain be­ for the past 4 years, quarterback of the Her friends say that this silence does not side which he could meditate during lulls in school's football team for 2 years, and a bode well. She is either in such poor condi­ the Hudson Valley battle. Who nearly starved member of the track team. tion, that no one is allowed to visit her, or at West Point when, as his fellow officers Jimmy broke a world's record for the no longer alive. It is known from past ex­ finally discovered, he gave his own rations to Deaf Olympics in winning a gold medal perience that in the case of death in the sick British prisoners. Who accepted no pay prison camps the relatives are notifted after from the hard-pressed American treasury. in the 100-meter breaststroke. He also a long lapse in time. The information con­ Who, after his final return to Europe lay set a new world's record and won a gold cerning the mysterious visitor and the start nearly destitute and dying in Switzerland, medal in the 100-meter medley relay. He of her torture was told by Nijole to her not only shared his meager food with the captured a bronze medal in the 200- friends (in prison) before all contact was poorest ln the vlllage but also directed in his meter breaststroke. lost with her. October 17, 1977 EXTENSIONS OF REMARKS 34057 U.S. HOUSE OF REPRESENTATIVES, use your position as Coordinator for Hum·an This idea has been presented to Chief Washington, D .C., September 23, 1977. Rights and Humanitarian Affairs of the De­ Howard Shook, of the Middletown Town­ PATRICIA DERIAN, partment of State; to become actively in­ ship Police, Pa., who is currently presi­ Coordinator, Human Rights and Humani­ volved in this matter. tarian Affairs, Department of State, Thank you for your time and effort in con­ dent of the International Association of Washington, D.C. sideration of this most important matter. Chiefs of Police. Shook expressed that DEAR Ms. DERIAN: I am writing this letter Yours sincerely, this idea has "great possibilities" and he to bring to your attention a very grave con­ NEWTON I. STEERS, Jr. has presented it to the IACP. In addition, cern of mine with the hope of securing valu­ many of the law enforcement officers in able assistance and information from your and around the Chicago area have en­ office. thusiastically agreed that it is a very On August 27, 1974, Nijole Sadunaite, a. NOT FORGOTTEN­ Lithuanian Catholic, was tried and convicted LOST BUT good idea. Further and of great signifi­ for the possession and distribution of The LOCATING THE UNIDENTIFIED cance was the response to my inquiry to Chronicle of the Luthuanian Catholic DEAD FBI Director Clarence Kelly. He said: Church. A partially typed copy of the f such documents becomes illegal. Quite of­ these individuals will be minimal. It is ten, the Soviets determine that religious and especially those who work in our law literature is defamatory, thus ensuring that enforcement agencies. feasible that one office with a small staff those who participate in religion unaccept­ Currently, the United States has de­ could be sufficient to handle the volume able to the state are kept to a minimum. veloped the technology to systematically of victims. I would like to emphasize that I feel that the arrest and sentencing of Ms. search out and identify missing persons. this would be an information center for Sadunaite violates several human rights But, to date, we have not used this same the unidentified dead only. To make this guaranteed Soviet citizens by their govern­ type of technology to search out and an extension of the missing persons bu­ ment. Her arrest violates her freedom of reau would be a self defeating and a du­ expression as guaranteed in Article 19 of the identify the unidentified dead persons in Universal Declaration of Human Rights, Arti­ our country. plication of services. cle 125 of the 1936 Constitution of the USSR, As it now stands, the police depart­ Because our society is becoming more and the International Covenant on Civil and ment in Chicago may have an unidenti­ mobile, the likelihood of discovering un­ Political Rights of 1973 which was signed by fied body, and authorities in Buffalo may identified bodies increases year after many nations including the USSR. be seeking a missing person who matches year. Many times families spend thou­ I would like to point out that the Rus­ the description. Through today's mod­ sands of their own dollars for private sians lobbied for many years to get nations investigations which they cannot afford. to meet at Helsinki, and they were very ern law enforcement procedures there is pleased with themselves after the signing of little likelihood of the two parties ever In response to those person's problems the document that was the product of that being able to come together to solve either and in an effort to assist our law en­ meeting, the Helsinki Declaration. I feel that case. forcement agencies which can surely use the United States has every right to attempt This would have been the fate of a this valuable information, I am today in­ to secure Soviet compliance with this docu­ teenage girl whose body was found in troducing a bill to authorize the Attor­ ment. Ms. Sadunaite's arrest surely violates a Chicago River, had it not been for the ney General to acquire and exchange in­ her religious freedom as stated in Article 7 formation to assist Federal, State, and of Basket Three of the Helsinki Declaration. tenacity of Detective Sheldon Cissna of Furtheremore, Ms. Sadunaite's sentence, the Missing Persons Breau. local officials in the identification of cer­ harsh labor and a harsh regime diet, violates Cissna exhausted all of the current law tain deceased individuals. Article 5 of the Universal Declaration of enforcement procedures in an attempt to I would hope this bill receives early human rights which protects individuals identify the drowning victim. After all of and favorable consideration. Thank you. from cruel or inhumane treatment. It also the conventional city, county and State violates the Code of Corrective Labor Leg­ islation of the USSR which states that the reports proved fruitless, Cissna broad­ execution of a sentence shall not aim at in­ ened his scope of the investigation by POLISH S'ii'ORY flicting physical suffering or degrading hum­ using his personal funds to look further. an dignity. After searching through volumes of My primary objections to Ms. Sadunaite's nationwide police reports, Cissna learned HON. CLEMENT J. ZABLOCKI treatment several months ago were based on of an Iowa family who submitted a local OF WISCONSIN the neglect of the Soviet Union of the doc­ police report that fit the description of IN THE HOUSE OF REPRESENTATIVES uments and treaties mentioned above. In the unidentified body. As it turned out, February of this year, I circulated among my Monday, October 17, 1977 colleagues a letter to General Secretary the family had even had a hood that but­ Brezhnev protesting the arrest and sub­ toned onto the victim's coat. Mr. ZABLOCKI. Mr. Speaker, thought­ sequent treatment of this Lithuanian Thanks to Cissna's dedication this un­ ful Americans agree that ethnic humor Catholic. I was joined by forty Members of identified body was claimed, and two is demeaning and in poor taste. Congress in signing this letter. cases were sorrowfully completed. But, it In the past, broadcast media have I have recently received information that is rare that any police department in our been frequent offenders, prompting re­ leads me to believe Ms. Sadunaite's health country has the manpower or manhours peated complaints to the Federal Com­ has become even worse, and I am enclosing to take on an indefinite hit-or-miss prop­ munications Commission. a copy of an article that recently appeared osition like this. For that reason, I would like to share in the Lithuanian daily newspaper published in Chicago, Draugas. I am also enclosing a Ms. Patricia Leeds, a Chicago Tribune with my colleagues an editorial entitled copy of letter that I sent to Ambassador reporter, has been covering police stories "Polish Story" aired by Mr. John E. Anatoly Dobrinin in August, expressing my for a number of years and, to her credit, Hinkle, Jr., of radio 11 WISN, Milwau­ concern over the treatment that she is re­ has not only brought this matter to my kee, on September 30, 1977. ceiving. I have received no response or ac­ attention but has suggested a very rea­ POLISH STORY knowledgement from the Soviet Embassy. sonable solution. I commend her. Ms. We heard a "Polish story" the other day, I would appreciate it if your office would Leeds proposed that a central location and although it was exaggerated and cruel, gather information regarding the treatment be created that would maintain infor­ we chuckled. Just about everyone chuckles and imprisonment of Ms. Sadunaite. Please at Polish stories-including a lot of Polish transmit whatever rna terial you are able to mation on all unidentified dead persons. people. gather. This would be of great assistance to the But wait a minute! As a group, Polish Should you feel, as I do, that Ms. Sadun­ law enforcement agencies of America people are among the proudest, hardest­ aite's treatment does violate the aforemen­ and to those people directly affected by working, self-sufficient citizens on this tioned treaties and documents, I urge you to such unfortunate tragedies. planet! They take fierce pride in their her- 34058 EXTENSIONS OF REMARKS October 17, 1977 ita.ge, their homes, their jobs and their kids­ public had better start thinking now methods of business communications. As the and demand law and order in their com­ about the need to assure an orderly Commission on Postal Service has warned, munities. They have deep moral and reli­ transition to the next generation of tele- the potential revenue loss to the Postal Serv­ gious convictions, pay their bllls, min:l their ice wlll be crippling. own business. Polish officers and men helped communications technology, including Consequently, people are concluding that this country gain its independence. electronic mail. the Postal Service must compete for the de­ They're the kind of people we'd choose as One of my personal interests is the veloping electronics communications market citizens and neighbors. general issue of citizens' rights to privacy. if it is to survive. Unquestionably, a Postal So here's another Polish story: It's a fact Several times this year, I have expressed Service "race for the wire" wlll set off shock that a Polish name rarely turns up on the my concern that neither the U.S. Postal waves in political, legal and regulatory Wash­ welfare rolls! Service nor the relevant ove:::-sight bodies ington. And, as with all information and Although the ability to laugh at ourselves have yet devoted significant thought to communications controversies, it w111 have is a priceless American resource, all of us its privacy component. Each contending in­ should attempt to keep our humor in per­ the problem of insuring the privacy stitution's ability to provide security and spective. rights of users of electronic mail systems, confidentiality is sure to be evaluated. But either now or in the future. Mr. Rodgers few see this as the major element of the con­ aptly points out that even the massive troversy. ELECTRONIC MAIL: GODZILLA report of the Privacy Protection Study In fact, a "race for the wire" is already Commission is silent on this issue. under way. It began with the Bell Telephone MEETS KING KONG Company's maneuvers to retain its preemi­ At this point in the RECORD, Mr. nent position in the next generation of com­ Speaker, I wish to insert the full text of munications and information transfer. Ma HON. CHARLES W. WHALEN, JR. a guest editorial that appeared in the Bell's opening gambit, implausibly named the OF OHIO Christian Science Monitor on August 12. consumer Communications Reform Act, It is written by Quincy Rodgers, who would insulate her from growing competition IN THE HOUSE OF REPRESENTATIVES currently works as an attorney at the from microwave and satellite systems, as well Monday, October 17, 1977 Washington law firm of Leighton and as from terminal equipment manufacturers. Conklin. Previously, he served as the ex­ This gambit prompted the communications Mr. WHALEN. Mr. Speaker, in the re­ subcommittees of Congress to begin revising maining days of this session, the House ecutive director of the White House the communications laws to create a regula­ may have before it major legislation that Domestic Council's Privacy Committee, tory scheme for the coming decades. The re­ seeks to reform and reorganize the U.S. and before that he was a legislative aide sult has been open warfare among the special Postal Service. But the debate most like­ to Senator MATHIAS. I commend this int~rcsts-telephone companies, specialized ly will focus on various short-term tin­ article to my colleagues' attention: common carriers, cable television, computer THE GREAT ELECTRONIC MAIL RACE manufacturers-each attempting to position kerings with the existing system. itself to maximize its future market share. While we will be debating whether let­ (By Quincy Rodgers) This struggle in the communications sub­ ter carriers should be walking their Privacy protection is back in the news. committees, which has preoccupied t he par­ routes on Saturdays and how much of a This time it is the report of the Privacy Pro­ ticipants, wlll seem like a minor skirmish 1:t discount should be given to persons mail­ tection Study Commission, which focuses on the Postal Service enters the race. The mere ing books and newspapers, the .rest of the effect of government and private sector prospect of AT&T and the Postal Service do­ the country will be moving along toward information practices on the relationship be­ ing battle is reminiscent of Godzllla meets the era of electronic mail. tween individuals and the institutions which King Kong. It seems likely that a lot of Already a great deal of commercial shape their lives. smaller players could get trampled in the In the hardheaded and easily distracted struggle. business that used to be conducted Washington community, the report has been But the Postal Service brings powerful through the mails is being handlel elec­ largely greeted with indifference. Congres­ muscle to the contest. Its congressional com­ tronically, outside the postal system. For sional staffers and most pundits are taking a mittees do not want to be shut out of the instance, right here in most congres­ "ho-hum" attitude. Even the news that the action. The postal unions are notoriously ag­ sional offices we now send printed mes­ Russians are intercepting microwave tele­ gressive and fearful about lost jobs. Postal sages around the country via telecopier phone transmissions is creating few ripples­ users are more well-organized than other and many of us get print-outs of all for some it is an old tale, others do not un­ communications users (a matter of historical derstand its commercial significance. nee;essity) and include the politically power­ manner of information from computer Yet privacy as a public issue has repeatedly ful publishers, direct mailers, and rural in­ terminals ; some offices even use com­ shown remarkable staying power. It has been terests. As long as these groups have no al­ municating typewriters. a component of every major information and ternative to the Postal Service, they wlll need This country is in the midst of a new communications controversy of recent years. to keep it afloat. Expanding its revenue base wave in the communications revolution. Still, when the final decisions on these issues through electronic mail se~ms a more plaus­ Technological advances in the past two are made, somehow other considerations­ ible alternative than taxpayer subsidy. Thus, decades have made it possible for us to law enforcement, preventing welfare fraud, the service is not to be counted out, particu­ etc.-seem to take precedence. The result is larly since those who require reform of the move on to whole new generations of a gradual erosion of privacy protection. basic Communications Act of 1934 to plan communications technology. Among the many proposals advanced by their future development strategies may have On a number of occasions, I have the privacy commission, one in particular deadlocked that reform effort in the Congress. spoken in the RECORD about the growing demonstrates how privacy concerns get over­ The interests (and there are many mor~ competition betweent he telephone com­ taken by other factors. The commission rec­ than those named here) are surveying the panies and their new competitors in the ommends that "no governmental entity be terrain, drawing up battle plans, marshalling telecommunications equipment and serv­ allowed to own, operate, or otherwise manage resources, and selecting their generals from ice markets. Nonetheless, the debate over any part of an electronic payments mechan­ among the Washington legal and political es­ ism that involves transactions among private tablishment. The struggle should be a classic competition in telecommunications is parties." The reference is to Electronic Funds for students of gov-ernment and politics. It going to pale beside the likely clash be­ Transfer Systems (EFTS), the anticipated will demonstrate how broad is the view tween the U.S. Postal Service and the electronic banking which wlll bring about through the relatively narrow window of private sector when we finally get around the checkless/ cashless society. The commis­ privacy protection. to deciding who will control the electronic sion singles out the Federal Reserve Board as mail marketplace. a particularly inappropriate authority for A seasoned observer of our national EFTS. Regrettably, the commission fails to indi­ QUOTAS AND SOCIAL PROGRAMS telecommunications policies, Quincy cate whether this recommendation is also Rodgers, recently wrote: intended to cover the United States Postal The mere prospect of AT&T and the Postal Service. This may be the result of political HON. ROBERT S. WALKER Service doing battle is reminiscent of prudence and not oversight because, as OF PENNSYLVANIA Godzilla meets King Kong. everyone knows, the Postal Service is in deep IN THE HOUSE OF REPRESENTATIVES trouble. While there is considerable argu­ This rather colorful remark takes on ment over who is to blame as the source for Monday, October 17, 1977 added significance when we recall the this trouble (bad management, greedy un­ Asian proverb that when elephants do ions, etc.) , the big postal problem has yet to Mr. WALKER. Mr. Speaker, as you battle, the ants get trampled. In other arrive-the anticipated diversion of from 40 know, I have been a very vocal opponent words, those of us whose responsibility percent to 70 percent of first-class mail to of the Federal Government's use of it is to safeguard the interests of the EFTS, facsimile systems, and alternative quotas as a tool to enforce social pro- October 17, 1977 EXTENSIONS OF REMARKS 34059 grams. Our Government must not be in street in Washington last week. According ings ... stay special and slightly stigmatized a position of using a discriminatory tool to an AP report, 1,000 students at Berkeley and dependent on our favor ... do you mind like quotas for the purpose of ending dis­ protested a student-newspaper editorial sup­ terribly if we write it into law that we must crimination. porting him. And civil-rights leaders along do this because you are black and, well, with assorted liberal spokesmen have come "disadvantaged"? I have spoken out on this topic on a down hard against Bakke, just as various I think it is-inadvertently-anti-black in number of occasions in the past. I am Jewish and ethnic groups have mounted the impact and patronizing as hell. And to those doing so once again, and will speak out barricades in his behalf. None of this can who tell me they are only arguing for a short in the future, because this issue is vitally occur except at a certain cost to the com­ catch-up period in which government and important. plexity and honesty and fairness with which other institutions will be invited to make To end discrimination and to provide the subject is discussed. Politics does that to these racial distinctions in a stark, fiat-out equal opportunity for everyone is a noble issues. It foreshortens and distorts and sac­ way, I reply that they have more faith in rifices cumbersome reality at the altar of bureaucratic sensibility than I do. When did goal deserving of total support, however, public "impact." It also generates intense the managers of our government and large the means to achieve this goal must be emotions. Surely the issues raised in the institutions ever handle this kind of grant as worthy as the desired result. When the Bakke case can only become socially mur­ of authority in any but a clumsy and danger­ Federal Government forces the imple­ derous given this treatment: racial prefer­ ous manner? My generation of liberals is cur­ mentation of quotas in its programs, we ences, racial characteristics, racial entitle­ rently hot and bothered by the excesses of witness the denial of equal opportunity ments, racial qualifications (or lack of them) our intelligence agencies. They forget that for some individuals in the name of ad­ for certain Jobs and certain rewards. the writ to tap wires and break in was given But my objections to the sloganeering ap­ in a "benign" anti-Nazi cause a generation vancing the cause of others. This is proach go beyond its potential for setting off earlier. And they are naive in thinking that morally and legally wrong. an ugly and destructive confiict. It also cor­ current "benign" purposes are any guaran­ The Supreme Court will soon address rupts our understanding. The pro-Bakke tee that a bureaucracy will be using its power the quotas issue in the well-known Bakke view, for instance, is all too often trans­ to deal with citizens on a racial basis "be­ case. Much has been said and written formed into a simple, false assertion that all ni~nly" a generation hence. regarding the merits of Allan Bakke's these so-called "affirmative action" programs But as they say in the Supreme Court, we arguments against the University of are little more than a cover for putting un­ don't really have to reach those issues, at qualified and incompetent minorities, mainly least not if we insist on viewing the Bakke California's quota system and I am sure blacks, into plummy positions they couldn't case in all its precious complexity. There are debate on the issue will continue. otherwise achieve or handle-and at the ex­ times when politics can only make things Today, I want to commend to my col­ pense of people who, by rights, should have worse and this is one of them. leagues' attention a most intelligent the job or place in the school or whatever it treatment of the issues involved in the is. Bakke case. Meg Greenfield's column in DEMEANING VIEWPOINT the October 24, 1977, edition of Newsweek That is a relatively obvious and predictable WATER RESOURCES MANAGEMENT is absolutely accurate in assessing the distortion, however. Far subtler are the con­ AND PRICING REFORM ACT OF descending implications of much that is be­ anti-Bakke arguments and their impli­ ing argued on the other side by people who 1977 cations for minorities: regard themselves as political and social How To RESOLVE THE BAKKE CASE liberals. Blacks and other racial minorities HON. GEORGE MILLER are demeaned by a view which holds that, (By Meg Greenfield) OF CALIFORNIA There are, I suppose, no truly interest­ intellectually speaking, until proved other­ ing and important political arguments that wise, they are all "disadvantaged" and in IN THE HOUSE OF REPRESENTATIVES reduce very well to placard-size, to the sort need of special help to compete. Yet, this is Monday, October 17, 1977 of thing you can chant in front of a public a view I have often heard expressed by people building or carry around on the end of a who consider themselves on the do-good, Mr. MILLER of California. Mr. Speak­ stick. But I'm hard-pressed to think of a col­ racially progressive side of the issue. er I am introducing today the third piece lection of issues less well-suited to this treat­ One hardly knows where to begin counting of legislation I have sponsored this year ment than those raised by the case of Allan its pernicious effects. It is dehumanizing in to effect major reforms in the develop­ Bakke-the white would-be medical student that it refuses to see the individual, sub­ ment and management of our national who has claimed that the University of Cali­ merging him instead in the racial group which becomes the only reality. It is also water resources. The first of these, H.R. fornia denied him a chance to compete for a 6335, would require public notice of. and place in one of its medical schools strictly insulting. One of the most mindless and dam­ because of his race. My own hope (and ex­ aging arguments that has been put about by the opportunity for public comment on, pectation) is that the Supreme Court, which so-called friends of minorities in this fracas Federal water service contracts prior to heard the case last week, will find a way to is that a ruling for Bakke would undo all the their finalization in order to review the blur the edges of the controversy and reaffirm gains made since enactment of the great impacts of such contracts on other con­ the important values raised by both sides. civil-rights statutes of the '60s. The implica­ tractors and interested parties. This bill You say that is fudging the issue? Fine. It tion is that those gains were strictly the would end the abuse of secretive negotia­ ought to be fudged. product of special help and various p.rops which, if removed, would spell the end of tions under which many millions of gal­ One of the important values I have in lons of public water is sold, often· at mind is Bakke's insistence that government­ black achievement. supported institutions not be permitted to I think those laws, removing as they did heavily subsidized rates. treat some individuals better and others constraints on everything from politicial par­ The second major reform bill which I worse s'olely on account of their race, no mat­ ticipation to freedom to have a sandwich in introduced earlier this year, H.R. 8468, ter how "benign" the purpose. The other is a public place, made it possible for black peo­ would establish conservation as a funda­ the university's insistence that certain com­ ple to organize their energy and enterprise in mental and mandatory feature of Fed­ pensatory programs are justified to help peo­ ways available to the rest of us all along. eral water programs. During this year ple who have been demonstrably hurt by And I think it is patronizing and wrong­ of drought. we have become aware that past acts of official racial discrimination. headed to attribute the big changes that there are finite limits to our ability to NEEDLESS CONFLICT occurred after the enactment of those laws to something other than the talent and will produce water reserves, and we have Never mind that the university, in this of a people only lately liberated. To hear learned that our current planning and case, seems to have engaged in an especially some of the alleged friends of minorities tell management of those resources is seri­ heavy-handed and constitutionally question­ it, however, all rank and position and power ously lacking. H.R. 8468 would require able racial program, one that evidently and progress has had to be . . . well, you recipients of Federal water to enter into strained the bounds of acceptable practice. know what I mean ... given to them. The point is that these values do not have to conservation programs, and would· pro­ be in conflict, for there are ways of organiz­ HANDOUT "REWARDS" vide long-term, low-interest loans to ing compensatory programs so they won't All that is a matter of attitude, of course. these customers, and to other eligible dance so close to the edge of out-and-out ra­ There is, in addition, the practical matter of water users, in order to retrofit residen­ cial-preference schemes. To support one of the kinds of laws and rules we want estab­ tial buildings or install agricultural serv­ these values, in other words, does not re­ lished. As reduced to its political short form, quire you to reject the other. Yet, many peo­ the anti-Bakke argument often seems to ice areas with appropriate irrigation ple insist on viewing the matter otherwise, contemplate foisting a new kind of depend­ equipment. forcing it into the mold of an us-against­ ency on blacks, an elitist Lady Bountiful Several recent studies have revealed them political or racial issue. handing out of "rewards" in measured por­ the widespread waste of valuable water, Anti-Bakke demonstrators were on the tions: here ... take fifteen out of 100 open- and the GAO went so far as to estimate 34060 EXTENSIONS OF REMARKS October 17, 1977 base price the actual cost of delivering gion, which shall apply to the "base volume" that only about one-half of the agricul­ of water for the region. The base price shall tural water supplied by the Federal Gov­ water to the contractor, including the reflect, at a minimum, the cost of delivering ernment is productively used for irriga­ energy costs, which can be considerable. such water to each contractor (not including tion. The continuing drought of 1976- My bill would also require, in all ne•v any repayment for drainage and distribution 1.977 surely must have taught us that, contracts entered into by the Bureau of or main project features) including the hke energy, our water resources are ex­ Reclamation, that there be a provision energy costs involved in the delivery of such pensive to develop, finite in their mandating the recalculation of the costs water. amounts, and therefore far too valuable of delivering water no less frequently SUPPLEMENTAL WATER RATES to squander in this manner. than every 2 years, and the modification SEc. 5. Any volume of water sold to an agri­ The bill which I am introducing today of the pricing in the con tract on the cultural user in excess of the "base volume" goes to the heart of much of what is basis of this reevaluation. shall be treated as supplemental water for wrong with the Federal water program. The need for this type of legislation is purposes of this Act and shall be sold at or Numerous studies have documented the proven by the emerging reports of mil­ above the following rates: enormous subsidies to water users which Volume of supplemental water sold and lions of dollars in subsidies going to agri­ minimum price of excess volume are written into long-term contracts with business and other irrigators, subsidies the Bureau of Reclamation, amounting So much as exceeds base volume but does which come right out of the pockets of not exceed 150 percent thereof-base rate to billions of dollars over the lives of every American taxpayer. The manage­ plus 75 percent. the contracts. These subsidies pass along ment and pricing policies established in So much as exceeds 150 percent of base the cost of this water to the taxpayers, this bill are exactly those which any of volume but does not exceed 250 percent who must ultimately pay for the bulk us, were we to be running a business thereof-base rate plus 150 percent. of the cost which is not paid by the irri­ which was engaged in the sale of irriga­ So much as exceeds 250 percent of base gators. tion water, would certainly use. If we ran rate-base rate plus 200 percent. COST RE-EVALUATION Some Federal water contractors are 3 water business like the Bureau has run currently provided with Federal water our Federal business for us, we would ­ SEc. 6. All water service contracts entered under 40-year contracts which contain have been broke a long time ago, and into, modified or amended, by the Secretary no inflation escalator clause and which the only reason we are not is because the after the date of enactment of this Act shall require no periodic reevaluation of the provide that the Secretary shall re-calculate burden of underwriting this program the actual cost of delivering water to each water rate during the life of the contract. has fallen to others. customer not less than once every two years A contractor who agreed to pay $7.50 per and modify the price of such water pursuant acre foot for irrigation water in 1965 will Some might say that this legislation would exact a grave burden on irrigators. to such re-evaluation. still be reeciving that water for $7.50 at PROHIBITION ON CERTAIN CONTRACTS the end of the contract, in 2005! Even I think the facts challenge that argu­ ment. In California, irrigators who re­ SEc. 7. No water service contract, or modifi­ today, the $7.50 may be only one-third cation of a water service contract, or any of the true cost of delivering that water. ceive water from the State water project pay about three times as much as their other arrangement whereby water in excess These artificially low prices serve to of 250 percent of the "base volume" is pro­ continue the notion, which most have Federal neighbors across the street, even vided by the United States for agricultural come to dismiss in the past few years, though they use water which frequently purposes may be entered into by the Secre­ that water is a boundless resource. This comes from the exact same sources and tary of the Interior after the date of enact­ is not so. Heavily subsidized pricing en­ conveyance facilities. Fair pricing and ment of this Act unless such contract, modi­ courages wasteful uses of water. Indeed, sound management are not going to fication, or other arrangement is approved by in my own State of California, we have damage agriculture, but will have the the Congress by concurrent resolution. seen Federal contractors grabbing what­ effect of requiring those who greatly ever water they can find for the cheap benefit from federally supplied water to rate, and we have seen the Bureau of pay their fair share. Reclamation do nothing, even when able A copy of the bill follows: STOPPING THE B-1 BOMBER through annual supplementary con­ H.R.- tracts, to assure that Federal taxpayers A bill to require the Secretary of the Interior receive a fair price for their water. to establish a table of water rates to be HON. JONATHAN B. BINGHAM Unrealistically low prices additionally charged irrigators who contract for water OF NEW YORK encourage growers to plant crops with­ resources for agricultural purposes from IN THE HOUSE OF REPRESENTATIVES the United States through the U.S. Bureau out regard to their suitability to the Monday, October 17, 1977 region. As a result, we find water inten­ of Reclamation, and for other purposes sive crops being planted in naturally arid Be it enacted by the Senate and House of Mr. BINGHAM. Mr. Speaker, the Representatives of the United States of House is apparently going to have to regions, and irrigated with heavily sub­ America in Congress assembled, sidized Federal water. I am incapable vote on whether or not to appropriate of understanding why the Federal Gov­ SHORT TITLE funds for the B-1 bomber once again, SECTION 1. This Act may be cited as the even though just last month we adopted ernment should provide large amounts of "Water Resources Management and Pricing subsidized water to a farmer in an arid the Addabbo amendment to delete all Reform Act of 1977". production funds for the B-1 from the region to grow a water intensive crop AGRICULTURAL WATER PRICES AND CONDITIONS like rice or cotton, when we at the very fiscal year 1978 budget. B-1 supporters same time pay farmers, in other areas of SEc. 2. All water provided by the Secretary in the House are said to be planning to of the Interior to any person for agricultural offer an amendment to the fiscal year the country where these crops would purposes shall be provided at the rates and grow easily, not to grow them. Bizarre 1978 supplemental appropriations bill subject to the conditions specified in this which would appropriate $1.4 billion as that may be, that is the Federal policy Act. to today. AGRICULTURAL WATER ANALYSIS build five production models of the B-1. The legislation which I am introduc­ SEc. 3. In each region in which water is They are trying to take advantage of the ing today, the "Water Resources Man­ provided by the United States for agricul­ confusion generated by the Carter ad­ agement and Pricing Reform Act," would tural purposes, the Secretary shall establish ministration's willingness to accept a bring our water policies into line with in acre-feet a "base volume" of water re­ proposal by the Air Force that $20 mil­ reality, improve our planning and man­ quired to grow agricultural crops suited to lion be authorized to explore the pos­ agement techniques, encourage conser­ that region. In establishing each "base vol­ sibility of converting the FB-111 into a ume," the Secretary shall consider such fac­ long range penetrating strategic bomb­ vation, and assure a better return to the tors as average annual rainfall, climatic con­ Federal Treasury from the sale of our ditions and other pertinent conditions relat­ er. If the Carter administration is will­ publicly owned natural resources. This ing to the amount of water needed to grow ing to accept such a study, these B-1 bill would establish a graduated pricing crops indigenous to each region. supporters have argued, then there is scale for water, with the base being the BASE RATES reason to doubt the sincerity of the ad­ amount determined necessary to grow SEc. 4. The Secretary of the Interior shall ministration's opposition to production crops indigenous to the area being establish a "base rate" per acre-foot for water of any penetrating bomber. As President served. It would also establish as that delivered for agricultural purposes in any re- Carter has made clear in a letter to October 17, 1977 EXTENSIONS OF REMARKS 34061 the gentleman from Michigan (Mr. Union; Mary Jane Patterson, Director, Government employees now paying into their CARR), however, continuing studies of Washington Office, United Presby­ long-established retirement systems feel various penetrating bomber alternatives terian Church-U.S.A.; Pat Tobin, In­ threatened that the benefits they have worked ternational Longshoremen's and Ware­ for may not materialize or may cost more. in no way affect his decision not to housemen's Union; Edith Villastrigo, People already retired fear that some of the proceed with development of such an Women Strike for Peace; Andre Bur­ retirement benefits they now enjoy may be airplane at this time. nett, National Student Association; taken away. Even though I believe any attempt Victor Lloyd, Director, Sane; Molly What would universal coverage entail? The to revive the B-1 at this point is an Freeman, National Association of So­ effect of this proposal would be to bring all exercise in futility, it has to be taken cial Workers; Jim Stormes, S.J., Dir., federal, state and local government em­ seriously, Twenty-seven national church­ Jesuit Social Ministries Office; Robert plOyees and employees of non-profit organiza- es, unions, environmental groups, peace Alpern, Dir., Washington Office, Uni­ . tions under the Social Security system. Some tarian Universalist Association; Dana newspapers have reported this as an impend­ and professional organizations today Grubb, Episcopal Peace Fellowship; ing "merger" of the Social Security and the wrote to President Carter and asked him Paul Kittlaus, Office for Church in Civil Service retirement systems. It is not. to step up his efforts to protect his de­ Society, United Church of Christ, Sa­ By itself it simply would require everyone cision to stop the B-1. I think my col­ rah Nelson Labor Caucus, NOW-Na­ to pay into Social Security as well as leagues would be interested in seeing tional Organization for Women; Herb­ into their regular retirement plan, and their letter and the names of the groups ert Scovllle, Chairman, Task Force on receive benefits from each plan under the signing it, and I include it at this point Reducing the Risk of War and Vio­ rules of those plans. If the blll were in my remarks. lence, New Directions; and Edith law now, this would mean federal govern­ WASHINGTON, D.C., Giese, National Coordinator, Grey ment employees would have to pay 5.85 Monday, October 17, 1977. Panthers. per cent of the first $16,500 of their DEAR PRESIDENT CARTER: We considered salaries in addition to about 7 per cent cancellation of the B-1 bomber program one for their existing Civil Service retirement of your finest and most courageous decisions, UNIVERSAL COVERAGE UNDER system. and we promised to continue our work SOCIAL SECURITY Most observers expect that before the plan against the bomber until your judgment was would go into effect the federal and other sustained by the entire Congress. We are retirement systems would be adjusted to co­ stlll engaged in that controversy. HON. NEWTON I. STEERS, JR. ordinate with Social Security in order to In our estimation, your decision to cancel eliminate double costs. But nothing in the OF MARYLAND proposed legislation requires this. In fact, the B-1 is now in serious danger of being IN THE HOUSE OF REPRESENTATIVES reversed in the House of Representatives. the only requirement is that universal cov­ Intense lobbying by contractors who would Monday, October 17, 1977 erage be instituted. The proposal has raised build the B-1 and clever parliamentary ma­ hun:lreds of questions about the effect of neuvers by Congressional B-1 proponents Mr. STEERS. Mr. Speaker, later this universal coverage but has supplied no an­ have imperiled the three-vote margin by week we will be debating the Social Se­ swers. As one example, how would years of which the House endorsed the cancellation curity Financing Amendments of 1977. federal service be credited to the Social secu­ on September 8th. The Pentagon's confus­ One part of this measure will be univer­ rity system and which trust fund would pay ing signals on its future bomber plans com­ sal coverage to place all Federal, State, the accrued benefits? This is a critical ques­ plicated the situation. But for many who tion in determining the success of this pro­ municipal, and nonprofit organization posal aa a partial solution for restoring oppose you, this is clearly a partisan attack employees under the provisions of social on your defense program and SALT negotiat­ financial soundness to the Social Security ing posture. security. Last week, I submitted my system, but it is not addressed in the bill. It is gratifying that your opposition to the thoughts on this matter into the RECORD, One thing is certain. Uni versa! coverage B-1 has not wavered since last June, and indicating that my constituents were will not be retroactive, so it will not affect your letter to Rep. Carr on the FB-111 was concerned about this matter because of current retirees or those retiring prior to very helpful. We hope even more can be the fact that none of the details of the Jan. 1, 1982. done. universal coverage concept had been Congress in its present mood seems defi­ We fully understand that you are already worked out. nitely to favor eventual universal coverage engaged on many fronts in behalf of your under Social Security, largely reflecting the Today, I would like to share with the opinions of those already covered who have programs in the Congress, but we urge you Members of the House the thoughts of to devote personal attention to protecting long felt that fairness dictates that everyone your B-1 decision. Your judgment was sup­ my neighbor to the SOUth, JOSEPH FISHER should pay into the account. ported by the American public. We encour­ who, as a member of the Ways and Means If universal coverage is to be the law, age you to take your case against the B-1 Committee, is intimately familiar with there is one principle that must be followed: to the people and the Congress one more the provisions of this legislation-as well Employees should be entitled to receive the time. as with the social security system as a benefits they were promised at the time they were hired as well as any improvements We fear that, without your public leader­ whole. JoE FISHER wrote a guest editorial made in benefits during their working ca­ ship, the outcome of the debate may be de­ for the Washington Post today concern­ reers, and to be able to make plans for their termined on narrow and partisan grounds. ing the concept of universal coverage future on that basis. Any downgrading of With best regards, which I think should be read by all Mem­ (The letter was signed by the following such benefits would be a serious breach of representatives of national groups:) bers of this body before we take any votes faith. During the debate in the Ways and Leon Shull, Executive Director, Amer­ on this complex, crucial matter. Means Committee, I succeeded in adding a icans for Democratic Action; S. Loren The editorial follows: provision to the blll in line with this princi­ Bowman, General Secretary, Church SOCIAL SECURITY: CAN-AND SHOULD-IT ple. This provision requires HEW, in con­ of the Brethren; Mike Cole, Leg. Dir., COVER ALL? sultation with the Civil Service Commission, Common Cause; Jeff Knight, Leg. Dir., to develop a plan for presentation to Con­ (By JoSEPH L. F'rsHER) gress by Jan. 1, 1980 that would assure that Friends of the Earth; Marjorie Boehm, This week the House of Representatives President, U.S. Section, Women's In­ federal employees will not be made worse is expected to debate a blll containing pro­ off by the coordination of the Social Security ternational League for Pe!l.ce and Free­ posed changes in the way the Social Security dom; Edward F. Snyder, Exec. Dir., and Civil Service retirement system in terms system is financed. of benefit and contribution levels. Friends Committee on National Leg­ The bill, as approved by the House Ways islation; Peter Harnik, Coordinator, and Means Committee, is intended to restore The two systems, federal retirement and Environmental Action; Carol Coston, to the system short-term and long-term fi­ Social Security, were established to fill dif­ Exec. Dir., Network; Dr. Jeremy J. nancial soundness. One of the blll's provi­ ferent objectives, one a retirement income Stone, Exec. Dir., Federation of Amer­ sions would require that all workers be cov­ or pension for government staff, the other a ican Scientists; Henry Niles, Chmn., ered by Social Security beginning Jan. 1 1982. minimum p:r'otection for elderly persons. Co­ Business Executives Move for New Na­ This provision, commonly referred to as "uni­ ordinating these systems requires thought­ tional Priorities; Jane Leiper, Na­ versal coverage," is the most controversial of ful, sensitive, careful ex·amination. tional council of Churches; Steve all the proposed changes and would have the The approach I would have preferred, and Chapman, National Taxpayers' Union; greatest impact on some 6 to 7 mlllion gov­ the one preferred by the Civil Service Com­ Terry Provance, American Friends ernment workers not presently covered. mission, HEW Secretary Joseph Califano and Service Committee, and Rick Board­ Town meetings I held recently in my con­ the House Civil Service Committee is to ht>ld man, Clergy and Laity Concerned. gressional district demonstrated that many off any mandate for universal coverage, and Ray Nathan, Director, Washington Eth­ persons are not only concerned but confused instead enact legislation requiring a study ical Action Office, American Ethical about the implications of universal coverage. of the issue. An amendment to this effect 34062 EXTENSIONS OF REMARKS October 17, 1977 fail~d in committee, but I intend to ·put for­ the Senate Human Resources Commit­ thinking more evident than in the tradi­ ward this approach during the debate in tee on S. 533, the Human Resources De­ tional treatment of human resources. For the House. example, to the economist, progress results There is no question that the financing velopment Act. Associate Professor James from replacing workers with machines. The of the Social Security system needs to be O'Toole of the University of Southern human is the factor of production that needs overhauled. For several years the financial California presented testimony on behalf to be traded-off in order to increase pro­ reserves of the system have been diminish­ of the bill which is an eloquent example ductivity. ing. More has been paid out in benefits than of new economic thinking. I am pleased Let us examine this assumption, one that has been taken in in contributi'ons. The un­ to present it here for the benefit of my underlies most industrial practices in Amer­ employment rate has been high, thus there colleagues, many of whom have joined ica today. Clearly, there are only three cate­ have been fewer persons in the work force gories of resources from which people may to pay into the system. There is also a trend me in cosponsoring the Human Re­ draw in order to produce what they need to toward earlier retirement and an increase sources Development Act in the House, sustain life. These resources are land (in­ in average life expectancy. The result is a H.R. 8065: cluding energy and all other natural re­ growing percentage of older persons in tmr TESTIMONY OF JAMES O'TOOLE sources), capital (including machines and all society and more retired people entitled to The Human Resources Development Act other man-made sources of wealth), and draw Social Security benefits. Furthermore, comes before the Congress at a unique junc­ labor (including all aspects of human skill, benefit payments go up automatically with ture in the history of the American economy. intelligence, ingenuity, and other abilities). the cost of living and have outstripped in­ It is my observation that our incredibly suc­ Significantly, the first two of these "factors creases in contributions. cessful economy is now undergoing a process of production" may be reaching the point of The Ways and Means bill offers many im­ of fundamental transformation. The com­ maximum exploitation. By the end of the provements: It accelerates the increase in ponents of this change can be readily agreed current millennium, it is unlikely that great the wage base subject to the employment upon: the introduction of new and powerful increases in productivity will still be wrung tax; it corrects the overindexing of future technolog1es, radical shifts in resource avail­ out of natural resources (unless power from benefits; it removes inequities in the treat­ ability, departures from longstanding social the sun-or sunlike fusion power-can be ef­ ment of widows, widt>wers and divorced per­ and demographic trends, and alterations in fectively harnessed). But even if we make sons; it increases the amount of wages that the international political order. What is sig­ the risky assumption that there are no im­ retirees can earn before their Social Security nificant and controversial about these mediate limits to natural resources, it is not benefits are reduced; and it provides standby changes is that they may be conspiring to clear that humankind will continue to bene­ loan authority to bolster the trust funds if produce a discontinuity with past economic fit from greater use of capital-intensive ma­ they fall below a certain level. The net in­ history. If this is the case, then the tradition­ chines. The kinds of machines that indus­ crease in the c'ost of these and other changes al assumptions that have guided our think­ trial societies seem bent on producing often would continue to be shared equally by in­ ing about national economic policies and bring pollution, waste, inefficiency, cheap dividuals and employers. Meeting the higher private industrial practices are now obsolete and shoddy goods, unemployment, and a cost would not be pleasant, but it would be and invalid. In short, I shall argue that to general diminution· of the quality of life. necessary to put Social Security on a sound, think appropriately about the future devel­ But economic growth, per se, is not at fault. long-term basis. This must be dt>ne. opment of human resources will require an Rather, growth pursued in the traditional But the extension of Social Security cov­ updated, revised and more appropriate m'odel mode of the industrial revolution seems in­ erage to government employees, even if set of how our economy works. appropriate for tomorrow's constrained en­ for 1982, is unwise at least until a plan can When considering a bill such as the one vironment. be worked out and enacted to integrate So­ before this subcommittee, it is important to It would seem, then, that improvement in cial Security with the existing Civil Service keep in mind that the "laws" uf economics the quality of life will occur mainly through retirement. There is simply nt>t enough in­ have been "empirically derived." That is, making better use of the third factor of formation from which to conclude that uni­ economists have observed past behavior, codi­ production-human resources. And by "bet­ versal coverage is prudent and fair at this ified it,_ and predicted that the same be­ ter use" I mean not harder work but smarter time-from the point of view of costs and havior will also prevail in the future. Sig­ work. Humankind's puny muscle power is consequences to the emplt>yer in terms of nificantly, the current ideas of economists not a potential source of greater progress; new tax obligations, and to the employee in are based on the era of industrialization in rather, it is the intellectual powers of the terms of changed or possibly diminished Europe and America, modified significantly as race that constitutes an immense reservoir of benefits. Many persons stand to lose in the the result of the experience of the Depression. productivity and advancement. wake of hasty, 111-ct>nsidered action. But America's economic future is likely to But here my notions of productivity and be significantly different from this past, a advancement differ from those of the econ­ past that unfortunately constitutes the data omist. When the economist thinks about in­ base for all our economic assumptions and creasing productivity, he has in mind an NEW ECONOMIC THINKING human resource policies. Let me offer a few assembly-line worker whom an industrial en­ examples to support my assertion: gineer should try to make work faster or, 1. The United States was once one of the failing that, should replace with a machine. HON. STANLEY LUNDINE world's chief producers of cheap, manufac­ This model of economic development was tured goods. Today, our comparative indus­ quite appropriate for an era of cheap energy, OF NEW YORK trial competitive advantage is in sophisti­ surplus capital, high consumer demand for IN THE HOUSE OF REPRESENTATIVES cated high technology. low-quality, mass-produced goods, little en­ vironmental concern, and a poorly-educated Monday, October 17, 1977 2. The United States was once a land of laboring immigrants, grateful for any job at workforce. The model I have in mind is of Mr. LUNDINE. Mr. Speaker, the Amer­ any wage, to whom the most rudimentary an engineer trying to develop new uses for ican economy is -today confronted by a benefit from society was considered a micro-processors-those tiny computers con­ privilege. Today. ours is a generally-affiuent tained on a chip of silicon. This is a major new and significantly different set of area of growth in the world economy, and challenges. We can no longer rely upon population with increasingly egalitarian ex­ pectations, to whom the most advanced of one in which the United States is the domi­ the twin assumptions of infinite re­ society's benefits-free education and health nant force. In many cas.es, the United States sources and technological superiority. care, lifelong economic security, interesting does not ev·en produce the goods that uti­ The energy crisis has demonstrated dra­ jobs-are seen not as privileges but as en­ lize micro-processors. matically that our natural resources are titlements. Nevertheless, American companies invent, design, finance and market these little mira­ finite; and increasing demands for trade 3. The United States was once a vigorously cle3 for the world. Our future standard of restrictions bear witness that other na­ independent frontier economy, with limitless living depends not on our ability to produce tions have also mastered the technologi­ opportunities for financial and physical shoes, shirts or shinola, but on our ability cal revolution. The old-fashioned trade­ growth. Today, we find ourselves dependent to remain competitive in high technologies­ off between inflation and unemployment on foreign sources for such vital and that is, all the knowledge industries includ­ diminishing resources as chrome and ing computers, scientific instruments, rock­ no longer prevails; this Nation has been petroleum, and our domestic stocks of ura­ suffering from high levels of inflation ets, engineering services and management nium, natural gas and other energy sources consulting. Important, high productivity in and unemployment for the past several are being quickly depleted. Related, growth knowledge industries permits us to expand years. is being slowed by the damaging environ­ the services sector of the economy-where At such a time. it is essential that we mental effects of the increased use of many already over half of our workforce is em­ reexamine the traditional definitions of these scarce resources. ployed and where most jobs for the disad­ which have guided our economic think­ In such a world, traditional economic ideas vantaged can be created. Significantly, the about humans resources are obsolete. And, k·ey to productivity in both high technolo­ ing. We must insist upon new approaches because these ideas are based on anachronis­ gies and services-which together probably to economic development and productiv­ tic data, the policies and programs gen­ constitute over three fourths of our private ity growth which will strengtnen our erated by traditional economic analyses of economy-is the development of the human national economy and expand employ­ the industrial era are often inappropriate. resource. Even in the relatively shrinking ment opportunities. In hearings before Nowhere is the obsolete nature of economic heavy industries-steel, autos, etc.-the key October 17, 1977 EXTENSIONS OF REMARKS 84063 to productivity is not in workers' laboring they would rather sink the ship-with them­ range from simple flextime (workers choose harder, but in their working more coopera­ selves in it-than cooperate with the "ex­ their own working hours) to the revolution­ tively, intelligently and committedly. Con­ ploiting" class. The other European model is ary notion of full equity sharing (the stock sequently, the development of untapped hu­ based on cooperation. In Scandinavia and of an enterprise is cooperatively owned by man resources is likely to be the "techno­ Germany, in particular, workers and man­ the workers). Although each on-the-job ex­ logical" challenge of the postindustrial era, agers see themselves as being afloat together periment from the simple to the radical has as the development of better tools and ma­ in a single boat. While there is no illusion been shown to have its unique limitations, chines was the ultimates source of produc­ that the interests of labor and management almost all of these workplace changes di­ tivity in industrial society. will always coincide, there is, nevertheless, rectly or indirectly ameliorate some problems What kind of a system could best tap and a working agreement that 1t is in the self­ of underemployment. There is now ample develop these resources? Clearly, not our interest of both parties to keep productivity evidence that jobs can be altered to engage present system. Today, the vast majority of and employment high, and inflation low. the "unemployed self" of many workers. In our workforce is underemployed, by which While the parties fight like cats and dogs particular, routine assembly-line and con­ I mean that their skills, training, education, in the national political arena, neither is tinuous-process tasks have been redesigned talent and other human resources are grossly so self-destructive as to allow these demo­ to give workers more autonomy, challenge, und•erutilized on their jobs. Something like cratic struggles to capsize the boat of pros­ and participation in decision making. 80 % of our workforce, by this definition, may pert ty. While these characterizations of the The most successful of these programs have be underemployed. The reasons :::or this waste two systems are necessarily oversimplified involved a total reconception of work sys­ are many-habit, lack of knowledge how to and overdrawn, I do not think it is a mis­ tems. Here, not only are jobs more interest­ tap these energies, some union practices, etc. statement to claim that the class conflict ing, but responsibility and authority over But the primary reason why we don't more of Britain and It::~.ly, on the one hand, and their own tasks are delegated to workers. fully develop human resources, I believe, is the union/ management cooperation of Characteristically, workers in such programs the attitude of most American managers that Northern Europe, on the other, are reflected are divided into self-managing teams that blue-collar and most lower- A.nd middle-level in the relative prosperity and productivity of decide how to divide their own labor, when white-collar workers are incapable of accom­ the two opposing systems. But my main pur­ they will work, what methods they will use, plishing tasks that require much intelligence. pose in undertaking this international com­ who will work with them, and how they will Therefore, managers design jobs to be repeti­ parison is to argue that American industrial undertake quality control. The nature of tive, simple, and unchallenging. But facts relations are not nearly as bad as those in supervision is also changed, as is the form of about the labor force belie these employers' Britain and not nearly as good those in compensation (hourly wages usually give stereotypes. The IQ range of workers, for in­ Germany. way to salaries, profit sharing, or some other stance, challenges the wisdom of giving sim­ We must admit, regretfully, that class dif­ equitable system compatible with the new plified tasks to many blue-collar employees. ferences continue to exist in this country, work environment). General Foods, Procter As the figures below show, there are few and that with these conflicts come a host of and Gamble, Volvo, and Saab have pioneered dull Ph.D.s, but there are many bright labor­ social and economic problems. Confining my in such total redesign efforts, and a mine in ers. (In fact, because there are many more remarks only to workplace problems, these Rushton, Pennsylvania, and the entire com­ laborers than Ph.D.s, three times more la­ class divisions prevent the society from more munity of Jamestown, New York, have suc­ borers than doctorate holders have IQs over fully realizing the potential of its human cessfully experimented with Labor-Manage­ 130). resources. Indeed, I should argue that unless ment Councils like those advocated in the we move away from conflict and towards co­ bill before the subcommittee. operation between management and labor, IQ At the Harman International Plant in Mean the nation will be unable to successfully Bolivar, Tennessee, the company and the Occupation range IQ negotiate the seas of the emerging post-in­ union are working to find ways to improve dustrial eoonomy. Cooperation is simply the working condition for workers who make Ph. D. (professor) ______100-169 130 only appropriate mode for labor relations in mirrors and other auto accessories. Repre­ Engineer ------100- 151 127 a services and knowledge economy. sentatives of all the parties involved, includ­ Clerk ------68-155 118 We must, then, find models of cooperation. ing the workers, traveled to Sweden to see Laborer ------26-145 96 Most emphatically, I feel that the mono­ what they might bring back to their plant lithic industrial democracy legislation of from the pacesetters in industrial democracy. Northern Europe is totally inappropriate for After they returned to Tennessee, about sixty Unfortunately, we design most laborers' the needs of our pluralistic nation. All that jobs at Bolivar were altered and rotated-in jobs for the mean IQ of 96 (or lower), an is probably required on the part of govern­ ways suggested by the workers-and the in­ action that leaves many exceptionally bright ment in this country is to provide some in­ creased productivity that resulted was shared laborers in jobs that are unchallenging and, centives and assistance to employers, workers with the workers by giving them more time for them, demeaning. It is clearly a waste of and unions to find many and varied Ameri­ away from work. As workers have gained human resources to place bright people in can responses to the complex issues of hu­ more experience and confidence they have bad jobs because we fail to recognize their man resources development, productivity begun to suggest ways to redesign other jobs potential. and class conflict in the workplace. in the plant and invented imaginative new It is also a waste of human resources not In this regard, the bill before you is par­ ways to share in cost savings that have re­ to involve these workers in finding better ticularly attractive because it recognizes that sulted from the changes they have either in­ ways to do their jobs-more productive ways there is no simple and uniform response that itiated or supported. Although still in its in­ and less demeaning ways. In interviews con­ is appropriate for the wide variety of indus­ fancy, the experiment at Bolivar is signifi­ ducted for the Work in America study, the tries, working settings, union agreements and cant because it is the first attempt to totally most frequent complaint of workers was that other local conditions found across the na­ redesign the work environment in a when they tried to suggest better methods tion. For example, there is no single job de­ unionized and existing facility. for organizing their tasks, their employers sign capable of providing satisfaction to all - Significantly, after two hundred years of invariably responded with indifference, dis­ workers. In the past decade, many employers political democracy, it now appears that the dain, or contempt. Finally, these workers tried and failed to enrich jobs using one or future of work will r.lso be determined demo­ gave up trying. They began to make the more of the many set formulas promulgated cratically. American workers are just now minimum possible commitment to their jobs by management experts. Frustrated in these beginning to participate in the decisions that that would still ensure a paycheck at the end efforts, some of the most sophisticated em­ most directly influence their day-to-day ex­ of the week. Thus, a kind of self-fulfilling ployers are now discovering that they can't istence. Although they spend more of their prophecy is at work: Managers, who feel dictate happiness for their workers. waking hour:; at work than at any other acti­ workers are lazy, dumb and untrustworthy It is now being discovered that efforts to vity, only a few Americans have participated will treat workers accordingly; then, the improve the quality of working life should in such decisions as when they wlll work, with workers respond by engaging in work restric­ be intended to make work organizations whom they will work, with what technologi­ tion. places where individuals have opportunities cal tools they will work, and how they will I think it is not inaccurate to describe to grow, create, and exert some mastery over divide the tasks that need to be done. How­ much of labor/ management relations in the their environment. These actions may also ever, some managers are beginning to dis­ United States as a system of mutual mis­ increase productivity in the bargain, but cover that workers are most satisfied and trust. To put this admittedly bald statement that cannot be their prime purpose. The productive when they are given the rights, into some perspective, it is useful to compare willingness to undertake these tasks will re­ resources, and responsibilities of self-man­ the American system with two quite diver­ quire a sense of social responsibility on the agement. It is a lesson that was learned long gent Europe:m models. The first European part of unions as well as employers. Although ago in political affairs. Indeed, it permeated system of industrial relations is based on such a change in attitude is a great deal to the thinking of the Enlightenment that in­ class conflict. In Britain, especially, man­ expect, a small number of companies and fluenced Jefferson and his contemporaries to agers have viewed workers as the enemy unions have begun to work seriously on im­ advocate democracy not only as the most just whose back must be broken in battle. It is proving working life, continuing their ef­ system of goverance, but also as the most beneath the dignity of the managerial class forts even when the recession offered them practical and efficient (for example "over­ to attempt to communicate with the working an easy way out of their commitment. head" costs in a democracy are low because class. The attitude of the workers (and par­ Important workplace experiments are un­ there is no need for secret police to be en­ ticularly of their union leadership) is that der way in both Europe and America. These gaged in the impossible task of trying to keep 34064 EXTENSIONS OF REMARKS October 17, 1977 the populace "loyal" and "committed" to the Agriculture Act of 1977. The suit, which Members have written the Secretary. Mem­ goals of the nation). names as defendants Secretary of Agricul­ bers have written the President. They have I believe that the chance is great that em­ ture RobertS. Bergland, the U.S. Department made thems·elves perfectly clear-the intent ployers, unions, workers and scholars wm of Agriculture (USDA), the Commodity of Congress was that the Administration im­ find better ways to develop human resources. Credit Corporation (CCC), and Mr. Ray Fitz­ plement this price support without delay. But this will only be done through experi­ gerald, Executive Vice President of CCC, was Today, imported sugar continues to flow ment and negotiation among the parties filed in United States District Court for the into t11e country at the direct exp·ense of directly involved. For this reason, I urge the Southern District of Iowa in Des Moines. domestic sugar producers and corn sweet­ subcommittee to resist the temptation to We have requested the Court to: perma­ ener producers. In direct conflict with law, tighten up the specific aspects of this bill. nently enjoin the defendants from refusing the Administration continues to pursue a Union leaders and corporate executives will to comply wi,th the loan and purchase sugar course which would result in subsidy relief no doubt come before you with perfectly price support system mandated by Section to some sugar producers at the direct expense reasonable demands for specificity that will 902 of the 1977 Farm Bill; permanently en­ of corn sweetener producers and the corn destroy the fiexib111ty of the b1ll. Without join the defendants from making payments farmers who provide them one milUon bush­ fiexib111ty, there will be a reduced likelihood to sugar processors under the program an­ els of corn a day. Having exhausted all ad­ of the kind of innovation that is needed to nounced in the October 7, 1977, Federal Reg­ ministrative channels, we ask that the Court respond to the new order of social and eco­ ister; and to declare the processor payment enforce the law. nomic challenges the nation wm face in the program unlawful. future. We have not taken this step lightly. How­ ever, in light of repeated statements and ac­ tions by Administration officials, we feel THE DELANEY CLAUSE MUST BE compelled to seek relief from the courts. Ad­ AMENDED AND MODERNIZED CORN SWEETENER SUIT ministrative actions and appeals have been exhausted. The insistence of Congress on en­ forcement of the sugar price support has not HON. JIM LEACH brought about compliance by the Adminis­ HON. GENE TAYLOR OF IOWA tration. OF MISSOURI IN THE HOUSE OF REPRESENTATIVES TWo issues are at stake here: the con­ IN THE HOUSE OF REPRESENTATIVES tinuing refusal of USDA to enforce a law Monday, October 17, 1977 passed by Congress; and their repeated at­ Monday, October 17, 1977 Mr. LEACH. Mr. Speaker, in an at­ tempts to use a sham payment to give pro­ Mr. TAYLOR. Mr. Speaker, as we con­ ducers of sugar a competitive advantage tempt to bring equity between corn pro­ over producers of corn-derived sweeteners. sider the need to place a moratorium on ducers and sugar growers, the Corn Re­ In July and August, the question of U.S. the decision of the Food and Drug Ad­ finers Association, Inc., and the National sugar policy was thoroughly debated by the ministration to ban the use of the artifi­ Corn Growers Association last week Congress. The result of these debates was the cial sweetener, saccharin, a decision that jointly filed suit in U.S. District Court in "de la Garza amendment," mandating a has dismayed millions of diabetics and Des Moines, Iowa, seeking immediate sugar price support through loans or pur­ individuals who must use the product implementation of sugar price support · chases of processed sugar products. At the for dieting purposes, I would like to call provisions of the Food and Agricultural time of the conference on the Farm Bill, the Secretary and his representatives assured to the attention of my fellow Represent­ Act of 1977. the conferees of their intention to immedi­ atives a learned article on the Delaney In filing the suit it was pointed out by ately begin work to implement this support clause published in the Chemical and the plaintiff that failure by the admin­ program, through a program of increased Engineering News on June 6, 1977, writ­ istration to implement the sugar provi­ tariffs on imported sugar. This was 70 days ten by our colleague JAMES G. MARTIN of sion of the new farm bill results in sugar ago. At that time, the conferees were told North Carolina. continuing to hold a competitive ad­ that the amendment would be in effect I would like to point out that JIM has vantage over producers of corn-derived around October 1. On September 7. a. wire service story re­ outstanding credentials in the field of sweeteners. ported that USDA "has decided the sugar chemistry, having earned a B.S. in chem­ Named as defendants in the suit were support program in the 1977 Farm Bill istry from Davidson College and a Ph. D. the Secretary of Agriculture, the U.S. should not be implemented with tariffs or in the field from Princeton. Department of Agriculture, and the quotas," according to a staff aide. JIM also served as a member of the Commodity Credit Corporation and the On September 9, twenty-nine Senators chemistry faculty at Davidson, specializ­ Executive Vice President of CCC. wrote the President insisting the price sup­ ing in organic chemistry. He has been a At a time when corn prices are in a port program be instituted "without further member of the American Chemical So­ seriously depressed condition and facing delay." On September 15, USDA announced a "re­ ciety since 1959 and also chairs the Re .. even lower levels as the Atlantic and vised" direct payment plan for 1977-crop publican Task Force on Health. gulf coast dock strike continues to bring sugar-a plan which in practical effect is It is obvious that JAMEs MARTIN knows the marketing process to a halt, this is no identical to a program rul·ed illegal by the what he is talking about as the author of time to delay implementation of a pro­ Justice Department and the General Ac­ legislation to modify the Delaney clause. vision of the new farm law which was counting Office. We were indeed fortunate that the approved to provide equity between pro­ On September 20, Secretary Bergland told House of Representatives, at this point ducers of corn and sugar. The corn reporters that the government would try and avoid implementing the Farm Bill program, in time, had the benefit of JIM MARTIN's . growers of Iowa are anxious to compete and would seek "clearance" from Congres­ expertise and input in this matter. He is fair and square for the sweetener market sional committees to run a subsidy payment due a great credit by all Members of this with sugar but cannot do so without program. He noted that USDA wouldn't im­ body and millions of Americans for his implementation of the law as approved plement the price support program until role of leadership in obtaining the 18- by Congress. The goal of that legislation around January 1. month moratorium on the ban of sac­ was equity for the former producers of On September 28, thirteen members of the charin while a more realistic study on corn as well as sugar. Unfortunately after House Conference Committee on the Farm Bill wrote the President, requesting imme­ the effects of saccharin can be conducted. administrati"/e approaches are prone to diate implementation of the Farm Bill. I would hope that my colleagues would benefit the large sugar producers and On September 30, seven members of the read the following article so that they sugar refineries rather than the small Senate Conference Committee wrote the may be fully informed on the subject of family producers of sugar and corn. President, requesting immediate implemen­ saccharin and the need to modernize the I am attaching to these remarks a tation of the Farm Bill. Delaney clause: On September 29, the President signed the copy of a statement by the president of THE DELANEY CLAUSE MUST BE AMENDED AND the Corn Refiners Association regarding Farm Bill into law. On Octob'er 1, all pro­ visions of the bill not otherwise excepted MODERNIZED the suit: became effective, including the sugar price (By Representative JAMES G. MARTIN) STATEMENT OF ROBERT C. LIEBENOW, PRESI­ support program. Saccharin, the last of the approved artifi­ DENT, CORN REFINERS ASSOCIATION, INC., On October 5, the USDA issued, without cial sweeteners, is about to be banned. OcTOBER 13, 1977 a public comment period, final rules institut­ That will do more harm than good. That This afternoon the Corn Refiners Asso­ ing a subsidy payments program for 1977- will not serve the public health interest, but ciation, Inc., and the National Corn Grow­ crop sugar. wm aggravate it. There's Uttle anyone can do ers Association have jointly filed suit seek­ These date.s are m·erely representative about it, however, until Congress amends ing immediate implementation of the sugar examples of the Department's continuing the law governing food additives or specifi­ price support provisions of the Food and refusal to carry out the will of the Congress. cally exempts saccharin. October 17, 1977 EXTENSIONS OF REMARKS 34065 The Food & Drug AdminiStration is re­ additional l;.lladder tumors might be expected der tumor formation in second-generation quired by law to ban saccharin or any other annually, resulting in no more than eight rats? In all probability, the observed effect food additive if massive dally overdoses of deaths. of saccharin was that of a mechanical irri­ it cause cancer in test animals. That is a Atlhough those numbers are regrettably tant or abrasive, occurring only under the single, absolute test with zero tolerance. FDA large, they are nowhere near the inflated most extreme conditions. Through unrelent­ must disregard the substantial benefits that calculation of 1200 tumors fobbed off on us ing abuse of bladder tissues, it produced 50 mlllion consumers will lose when saccharin by FDA. Furthermore, there is no evidence higher sensitivity (or lower resistance) to a is banned. FDA must disregard the fMt that and little probability that anyone has ever carcinogenic effect of some other chemical for all the studies on saccharin, there is no gotten one tumor from normal use of sac­ present. The general presence of micro­ evidence that anyone has ever gotten one charin. So the rational risk is somewhere in crystals in the rats' urinary tracts cannot tumor from normal use of saccharin. Re­ the range of zero to 26. be ignored. gardless of such factors, saccharin must; be There is, moreover, no evidence that test Consider the fact that first-generation rats banned "at the drop of a rat." rats get cancer from any conditions less show no incidence of saccharin-induced can­ The Delaney clause provides that "no addi­ severe than the dual protocol of high concen­ cer, and second-generation ra!"·s show signifi­ tive shall be deemed to be safe if it is found tration prenatally plus near pathological cantly higher incidence of bladder cancer to induce cancer when ingested by man or overdosage every day thereafter. Testimony only at the highest doses employed. There is animal." This requires saccharin to be banned by the Health Research Group has claimed thus no evidence of a proportional, linear solely on the indisputable evidence that a that a 1973 Canadian study showed cancers relationship between dose and response­ significant increase in bladder cancer results in test animals fed 0.2% and 1.6% levels of suggesting that there is a noneffect threshold from drastic overexposure of test rats to saccharin in their diet. That misuse of data in these experiments and that it is just a ridiculously extreme concentrations of sac­ conveniently overlooks the reported fact that little bit lower han the massive exposure charin prior to birth (in utero), followed by animals at intermediate and even higher of the fetal rats in utero. dally massive overdoses thereafter. How doses had no tumors, and test animals at all Consider also the reported fact that the absurd! How absolute! exposure levels and control animals at zero 1~77 Canadian study found the crucial sec­ It is true, of course, that thousands can do exposure had precisely the same percentage ond-generation test animals to be 20% Without any sweetener in their food. On the of cancer-0 .9% . underweight at birth! Clearly, they had sur­ other hand, there are tens of milllons who It is customary and accepted practice to vived, but on the verge of a pathological lack that elite, ascetic self-discipline; they overdose test animals because of the small overdose. cannot marshal the iron will that will be number used and the short life span. To be TABLE TOP COMPROMISE required of them. They wlll resent those sure, a hypothetically weak carcinogen could who take away another of the free choices not be detected in a hundred animals with­ What about the "table top compromise," they are still allowed to exercise in a world out resorting to a massive overnose. announced by FDA on April 14? I commend swarming with risks. Clearly, but cautiously, the Delaney clause the agency and wish it well on that. It may There is clear evidence that in the absence must be amended and modernized. be the most that it can do legally to ease of diet drinks, those who have become ac­ The Delaney clause already had fallen into the public hazard of its ban, until Congress customed to them will just shift to sugar­ scientific disrepute, as analytical chemistry changes the absolute law. sweetened colas. When cyclamate was steadily lowered the threshold of trace detec­ If FDA succeeds in approving saccharin banned in 1969, the annual consumption of tion to a few parts per billion. The clause is for over-the-counter sale as a single-ingredi­ diet colas decreased 71 million cases (from an inconsistent anachronism, because it will ent sweetener (under the drug section of the 235 million to 164 million). This was accom­ ban a food additive with only a very remote law), it will be a clear demonstration that panied by an increase in sugar-sweetened risk of carcinogenicity, while permitting the the benefits are held to outweigh the risks. drinks of 159 million cases (from 1445 mil­ consumption of a host of "natural" foods FDA is authorized to consider that balance lion to 1604 million). The trend of increas­ containing traces of far more potent "nat­ in the law on drugs, but not on food addi­ ing consumption of all soft drinks hardly ural" carcinogens. It is about to become a tives. If it succeeds, it will reaffirm my be­ showed a dent when diet drinks were in bizarre "hazard to your health," because lief that the same balance of public inter­ short supply. without a noncaloric noncarbohydrate sweet­ ests ought to be weighed in the food addi­ Furthermore, on the basis of 16,000 inter­ ener, millions of Americans will cheat on tives section of the law, as well-thus adding views each year, the number of Americans their otherwise bland diet, gain weight, and impetus to my bill. drinking a low-calorie diet drink on an increase their risk of cancer (colon and Unfortunately, there are two major prob­ "average day" dropped from 21 million in breast), cardiovascular disease, diabetes, and lems with this "compromise." First, there is 1968 to 11 mUlion in 1970. The number tak­ hypertension. great doubt that saccharin can be reclassi­ ing a sugar-sweetened (only) soft drink in­ These preventive medicine benefits of sac­ fied as an efficacious drug. In the Food, creased from 82 milllon in 1968 to 96 million charin in diet control are enormous. Drug & Cosmetics Act there is too sharp a in 1970. It is obvious that most of the de­ Therefore, I have introduced with 201 co­ statutory demarcation. ·Thus, there won't cline in diet cola consumers simply shifted sponsors (list available on request) a bill, be a chance to weigh benefits against risks H.R. 5166, to allow an exception to the De­ unless a way can first be found to include over to suP."ar-sweetened cola. The risk of "this last of the approved noncarbohydrate, this occurring again if sMcharin is banned laney Absolute if saccharin or any other sus­ pected food additive is found to have public noncaloric, artificial sweeteners" within the is extremely high, and the consequences statutory definition of a drug, according to a are frighten1ng. benefits outweighing the risk attributed to it. Priority would be given to health and law proposed by Sen. Estes Kefauver in 1962. RISK OF BLADDER CANCER nutritional benefits to the general public. In the second place, even if saccharin is What is the risk of bladder cancer if sac­ Benefits to producers and investors would not continued as a "table top" sweetener (sold charin is permitted to continue as a food be counted. This measure is a cautious ex­ over the counter as tablets, powder, and additive? It is remote at worst, as can be balancing of consumers' interests. It is widely liquid concentrate) -for which several mil­ seen from the following calculation. Let us supported by consumer groups-representing lion adults diabetics who use it only in their assume that: real consumers who actually use the stuff, coffee and tea will be grateful-what about There is a rectlllnear (proportional) dose­ their parents, their children, and their doc_ several million others who a.re accustomed response relationship. tors. to diet drinks? What about 2 million juvenile Humans are as sensitive at normal use as Ironically, the principal advocate of the diabetics, facing enormous peer-group pres­ the test rats in the Canadian studies were at saccharin ban is the Ralph Nader-connected sures at school and social events? very high overdoses. Public Citizen's Health Research Group. Then what about many obese mlllions who The sensitivity of human females (there Their "consumer" position is that the De­ will lose control of their low-calorie diets, being no significant incidence of bladder laney clause needs to be extended to cover shifting irresistibly to sugar-sweetened des­ cancer in second-generation rat females) is all exposure to carcinogens (in which case serts and beverages? Won't they be left with one third that of human males (one third we would starve) . nothing but the old, proverbial" fat chance" being the existing statistical ratio of current Their view is that saccharin has no bene­ of dietary management? incidence) . fits, but is merely a nonessential convenience. No, the "compromise" is inadequate. The The amount of saccharin actually con­ Some convenience! law must be changed to allow all the evidence sumed by humans in the U.S. annually is 6.0 One irony of this is that some toxic sub­ to be weighed, including the epidemiological million lb. stances-such as hydrogen cyanide, formic evidence of public health statistics. A growing The proportion of pregnant women us­ acid, and trichloroethylene-can be approved series of such statistical studies falls to detect ing saccharin is approximately the same as as food additives at lower than lethal con­ any causal association of normal use of sac­ for nonpregnant women. centrations without any way of knowing charin with cancer. The percentage of second-generation whether they are carcinogenic. Test animals For example, Dr. Bruce Armstrong of Ox­ male test rats developing cancer is the per­ would not survive even a modest overdose, ford University in the U.K. and coworkers centage actually observed (that is, 24%, let alone a massive one. Consequently, a found in 1976 that 5971 diabetics had a lower not the figure of 40 used by FDA in its ri~ poisonous substance that may be moderately than expected incidence of bladder tumors. calculations, based on its use of the maxi­ carcinogenic has a better chance of being Omitting all kinds of cancers suspected of mum experimental margin of error plus approved than saccharin does, under the ex­ being due to smoking, they found that in­ rounding off of the numbers). Then the only isting law. stead of the predicted occurrence of 213 other valid conclusion is that no more than 26 What is the probable mechanism of blad- cancers, only 18·9 were found. That is not an 34066 EXTENSIONS OF REMARKS October 17, 1977 techniques in specialty areas but didn't have increase, but a 12 % decrease overall [Arm­ and wire enclosure made the chicken house unbearably hot and rancid-for fowl and hu­ much real-life exposure to what he calls strong, B., et al., Brit. J . Prev. Soc. Med., 30, "ordinary things" : the child with mumps, or 151 ( 1976) ]. man alike. But one day, the behemoth fan, forgetting its function as an air circulator, the farmer with a broken arm. Through the LET THE PUBLIC DECIDE became an instrument of destruction. And new program, medical students would be The time has come t o amend the Delaney in doing so became the starting point for this trained in rural medicine, with its wide clause and any other part of the food addi­ story. range of problems, and the rural communi­ tives law (such as the general safety provi­ A young visitor to the farm wandered too ties would have on-site services of medical sion) that would ban saccharin on such close to the revolving fan, tripped and fell personnel. fiimsy grounds. If the benefits to the public into the whirring blades, and lacerated his The clinic opened in January, 1969, with are substantial and the risks remote, t hen face and head. Bleeding profusely, he went a free fish fry provided by the local Rotary put a warning label on it, but don't ban it. into shock. He needed prompt, skilled med­ Club, the community's only service club. Let the people make their own choice, just ical attention to survive. The fish fry, recalls W. G. Croft, Jr., the as they do with alcohol, cigarettes, riding in The accident had occurred in Mayo, a easygoing owner of the Thriftway grocery automobiles and airplanes, swimming, hik­ small, farming community in Lafayette store in Mayo, drew 1,500 to 2,000 people ing, and eating grilled steaks and various county (pronounced La-FAYette) about 50 anxious to eat fish and inspect the new other wholesome but suspect foods. miles northwest of Gainesville. If the acci ­ facility. Seventeen persons actually sought According to a recent poll, the public op­ dent had occurred 10 years ago, the boy's medical attention. poses any saccharin ban by a :nargin of 5 to parents would have had several options, none Croft, chairman of the Lafayette County 1. An estimated million Americans have writ­ of t b em satisfactory in an emergency. Ten Health Trust, the clinic's governing body, ten to their government or their representa­ years ago, Lafayette County's 2,892 residents said the citizens of Lafayette County were tives to oppose the ban. The American Dia­ had n u physician to call their own. People only too happy to cooperate with the univer­ betes Association, the American Cancer either ignored their medical problems, sity to bring health care to the community. Society, the present and past director of the treated t h em with home remedies or drove They had been working toward the same National Cancer Institute, four consecutive to the nearest town with doctors : Gaines­ goal since 1962, when Croft's late brother, former FDA commissioners, and thousands ville; Live Oak; Perry; or even to Valdosta, Harold Croft, then mayor of Mayo, had ap­ of private physicians have argued for a cau­ Ga., 65 miles t o the north. pointed a committee to build a clinic. The tious modernization of the Delaney clause. When the boy tangled with the fan re­ clinic opened in 1967, but until the begin­ What can you do? cently, Lafayett e County still didn't have ning of its association with the University You can add your voice to that of others, its own physician. But it did have a medical of Florida, its only trained staff had been a expressing your own judgment on the merits clinic at Mayo, a project of the University public health nurse and an itinerant doctor. of this issue. From thoughtful consideration of Florida's ·college of Medicine. The boy But the county had to provide more than of the points of view presented from all sides was taken to the clinic, where he was riven its cooperation to insure the clinic's success. in this News Forum, you can reach your own first aid and then driven to the Shands Housing had to be found for the medical conclusion as to the scientific validity of the Teaching Hospital in Gainesville. He spent students and nurses who would work at the evidence and arguments. months in the hospital, undergoing plastic clinic, and the clinic had to be managed Then, as citizens, you can sort out the surgery for repair of his face. He has re­ locally so t hat salaries could be paid for priorities of public policy like anybody else. covered now. And the emergency treatment permanent clinic personnel. Today, the Mayo Having done so, I suggest that you carry out he received at the clinic is credited with clinic is self-supporting, said Dr. Wilmer your obligation to speak out on this sub­ saving his life. Coggins, chief of the medical schools Divi­ ject-to your Congressman, your Senator, The Lafayette County Health Center is one sion of Rural Health. Fees paid for medical your local paper-and ask your neighbors to of four rural health clinics operated by the services ($8 to $10 for a typical clinic visit) do the same. I think I know what the ma­ University of Florida Medical School in co­ are less than those paid to a private physi­ jority of you will conclude. But either way, operation with the communities served by cian but are sufficient to keep the clinic you need to speak up for yourself, before going. it's too late. the facillties. The clinic at Mayo opened in 1969. Three years later, a clinic was opened Mayo, like many other rural communities, in Dowling Park, 15 miles north of Mayo, had not been able to attract a young physi­ in a retirement community and nursing cian anxious to begin practice. The southern RURAL HEALTH CARE IS WORKING home operate·d by the Advent Christian part of Lafayette County is swampy. Much AT LAFAYETTE COUNTY CLINIC Church. A third site was developed the same of t he usable land is given over to 16 dairy year in Trenton, the seat of Gilchrist County, farms, to poultry houses and to tobacco and which borders Lafayette ,county on the watermelon crops. Mayo has no real indus­ HON. DON FUQUA southeast. And a fourth clinic opened in t ry, but many of the residents travel the 28 OF .FLORIDA 1975 in Cross City, the seat of Dixie County, miles to Perry to work in the cellulose plant IN THE HOUSE OF REPRESENTATIVES south of Lafayette County. there. The 1970 census listed the total pop­ The four locations share common prob­ ulation of Lafayette County at 2,892. Today, Monday, October 17, 1977 lems : They are rural; their per capita in­ by some local estimates, it has increased to come is low; and, prior to the opening of 3,300. Mr. FUQUA. Mr. Speaker, in the Octo­ their clinics, they didn't have a perma­ The Lafayette County Health Center sits ber 9 issue of Florida Accent, a magazine nent physician. Nor was their lack of medi­ on the north end of Mayo's winding Main published by the Tampa Tribune and cal services unique in Florida. Today, ac­ St reet, State Road 27. To reach it from the Tampa Times newspapers, there ap­ cording to guidelines established by the sout h , you pass West Pharmacy downtown, peared an excellent article detailing the United St ates Department of Health and the magnificent Greek porticoed county importance of rural health. Rehabilitative Services, 22 Florida counties court house, W. G. Crofts Thriftway and Fol­ The author used the Health Center in have critical medical manpower shortages. son's rest aurant, but a step away from Cin­ Lafayette County, which is in the Sec­ Another 21 counties have critical dental dy's Motel. manpower shortages, and 11 count ies, many T h e health center is a squat concrete build­ ond Congressional District of Florida, as in the Panhandle and north Florida, have inC' with an institutional exterior that makes an example of how such health services shortages in both. it ~ a sy t o spot among the architectural styles should and can be provided to rural "When we first took a look at Lafayette of its folksy neighbors. Next door, is the counties. County in 1968, it had not had a permanent modernist ic, wood frame dental clinic, Through the help of the University of doctor for 10 years," said Dr. Richard Reyn­ opene1 since January, an adjunct to the uni­ Florida Medical School and the hard olds, chairman of the Department of Com­ versity's rural l'!ledicine program. work and cooperative spirit of the people munity Health and Family Medicine, V'ni­ A row of m obile homes n ext door houses of Mayo and Lafayette County, this rural versity of Florida College of Medicine." The t h e four medical students and the four stu­ old doctor who had lived t h ere for years had dent n urses who serve a t wo-week rotation health program is a tremendous success died. And t hey never could replace him. An at t he medical clinic. A resident physician as is pointed out in the article. anthropologist from the universit y had done spen ds one mont h in the community, and a I am very proud of this outstanding a study there and was on good terms with permanent physician 's assistant has been a facility and of the people who made it many of the people. The county had built recent welcome addition to the staff. work. Today I am inserting the article a building which served as the health de­ A r esident pediat rician pays a weekly visit in the RECORD to share its success with partment but it had no staff, only an itin­ to the clinic, as does a physical therapist. my colleagues and the Nation. erant doctor. For all these reasons, Lafayette Medical sch ool t eaching staff, including Rey­ The story follows: County seemed a good place for us to start." nolds and Cog•.=; ins, also see Mayo patients Under Reynolds' guidance, the medical weekly. THE RURAL MEDICS school was embarking on a program designed The waiting room is crowded, but people (By Sharon Cohen-Hagar) to int roduce its students to a wider range wait patiently to be called into one of the The large, rotary fan was used to cool the of medical problems than they had been en­ simple-appoint ed examination rooms. Al­ poultry house. Hundreds of caged hens, countering. At the university's Shands t hough many will p ay the basic clinic fee, squeezed together in the confines of the tin Teaching Hospital, medical students studied other patients' fees will be scaled according October 17, 1977 EXTENSIONS OF REMARKS 34067 to their ability to pay. Blacks and whites sit for the discriminatory practices of others most, v1llages in China, no one there was side by side on plastic chairs here, but the a generation ago? Should certain kinds executed or beaten to death, according to blacks still live in their own section of town of Americans be looked upon as not Mr. Chen. But "settling accounts" in Chi­ called "The Quarters." Children, some obvi­ nese G.:'mmrnist parlance suggests that some ously ill, sit quietly on their mothers' laps. worthy of Government attention because severe beating took place. Others play quietly on the floor. of an accident of birth? Then, Mr. Chen said, the Communists con­ Robert Snipes, a Mayo farmer, is being These questions have already been fiscated the lands of the landlords and rich treated for a broken bone in his foot. The asked and answered in Communist peasants as well as those possessions that foot is in a cast, and he props himself up on China. In a chilling and horrifying story were deemed "surplus to their personal use." his cane as he talks. Snipes said he would in the New York Times, October 13, 1977, The land and belongings were distributed to have to drive to Perry for treatment if the Ross H. Munro tells of members of everyone in the village. From then on, Mr. clinic didn't exist. He's thankful it does. China's "sub-class." Members of this Chen said, the landl{)rds and rich peasants Lilly Mae Miller remembers the difficulty "were not permitted to do or speak evil of getting medical care before the clinic class can never get out of it. They are things, and they were deprived of their polit­ opened. "If you didn't have a car," she said, denied advancement and a chance to im­ ical rights." "you had to hire a car to drive you to Perry. prove themselves. They are treated as Although Mr. Chen did not reveal the Sometimes it was hard finding someone to outcasts by the government. What is man's real name-Fu Nung-ren is a pseu­ drive you. Now, I go to the clinic a lot. The-y their crime? They happen to have owned donym meaning rich peasant-he is quite treat me just fine." land when the Chinese Communists con­ frank in discussing his case. Fu Nung-ren is Phyllis Land, project administrator for the quered China in 1949. Not only these after all, just one of 11 members of the sub­ health and dental centers, said during its class in the Tun Ku Cheng production bri­ busy season, just prior to the opening of people but their children as well are gade who 30 years ago lost their property but Mayo's one comprehensive school, the clinic considered members of the "sub-class." kept their class enemy status. treated as many as 40 patients per day. The Mr. Speaker, what is the moral differ­ Some members of China's sub-class have average number of patient visits per year is ence between denying an American of, succeeded over many years in convincing about 7,000. The number has steadily in­ say Polish ancestory, a place in school Communist Party officials that the "caps" creased each year. because he is not a member of an offi­ should be removed from their heads. To "put The clinic is open Monday-Saturday, but cially recognized minority group and the a cap on" a person in China means to attach medical personnel are on call 24 hours a day. Chinese Communist practice of denying a negative political label to him. When Mr. Because it is the only medical facllity in Chen is asked why Fu Nung-ren has not suc­ town, the clinic treats a large percentage of advancement to children of those who ceeded in shedding his sub-class status, the trauma cases often found in city hospital once owned land? I can see no moral dif­ response is vague. emergency rooms: broken bones; lacerations; ference between the two practices. In burns. each case freedom is denied. In each case BEHAVIOR IS "NOT SO GOOD" But the medical students and resident see individuals are treated as members of a "His behavior and manner are not good their share of children with head lice and class. In each case those who call for so he stlll has the cap on. The production scabies; pregnant teenagers; and diseases re­ team . ask him to work honestly in the sulting from poor nutrition. such treatment do so in the name of some fields but he just doesn't work and he "Diabetes and hypertension are particular alleged high good. In China it is the "rev­ sometimes says nasty things and some problems here," Land said, "because they are olution." In this Nation it is "equality." nonsense." diseases related to the nutrition of the area. Equality, what crimes are committed Well, he was asked, how much work does The people have starchy diets and use a in thy name. this shirker actually do?" great deal of pork as seasoning in their food. Mr. Soeaker, I place in the RECORD, "He works more than 300 days a year." Obesity is a problem." "China Is Still Stigmatizing 'Rich Peas­ He may find it necessary to. Like almost Some of these chronic patients are now in ants' of the 1940's," New York Times, all members of the sub-class in rural the care of the clinic's physician's assistant, China, Fu Nung-ren receives 10 to 20 per­ John Willis, 30, who spent six weeks at the Thursday, October 13, 1977: cent less in wages than others alongside clinic during his training a-nd decided to stay CHINA IS STILL STIGMATIZING "RICH PEASANTS" him doing the same work. on permanently. OF THE 1940'S Rural wages are based on the type of With a bachelor's degree in zoology and (By Ross H . Munro) job and the skill involved, the effort that two years spent in a physician's assistant PEKING.-Fu Nung-ren has been a mem­ the worker is judged to be making and, program, Wlllis said he wm handle trauma ber of China's sub-class ever since the Red finally, his political attitudes toward his and emergency cases and see the regular pa­ Army arrived in his vlllage in -- when he work and the Communist system in general. tients with chronic problems. "They need to was 26 years old. These last two, rather subjective, factors establish a rapport with one person here," he Chen Fu Nung-ren's misfortune to have each count for about 10 percent of a peas­ said. "I can be that person." been born into a family categorized by the ant's wages under this work-point system. Willis, who is single, said he has no qualms Communists as "rich peasants," a label he And, as Mr_ Chen pointed out, "these two about living in a small town and working in wears to this day. He is only one of at least things are linked together." a rural medical clinic. "I like to hunt and 30 mlllion Chinese who are openly and sys­ "If he doesn't like to work, then of course fish, and there's plenty of that around here" tematically discriminated against because of he can't work hard," the brigade leader said. he said." If I want to raise hell, I can go to their "bad class background." The former rich ,peasant pays another Gainesville." Like other members of the sub-class in economic penalty besides having had his And clinic regulators consider Willis a wel­ the Chinese countryside, he gets lower wages, wealth confiscated and his income cut 20 come addition to the medical fac111ty they he is barred from his commune's free medi­ percent below those of the average field now proudly call their own. cal service, he cannot participate in any worker. Mr. Chen said that Fu Nung-ren political activities, he is target for verbal could not get free medical care from the abuse and he has hardly any hope of im­ local clinic as do other members of the proving his lot in life. brigade. How common this particular form THE QUOTA SYSTEM: CHINESE Fam111es like Fu Nung-ren's were "rich" of discrimination is remains uncertain; many STYLE cnly in comparison with the masses of poor brigades st111 charge all their members for and landless peasants in the war-torn China medical care. of the 1930's and 1940's. The average rich NO CHANCE FOR ADVANCEMENT peasant in the 1940's owned two to three As long as he remains a member of the HON. ROBERT H. MICHEL acres of Ian d, but as long as he rented some sub-class, Fu Nung-ren is barred from poll­ OF ILLINOIS of it out, or hired even part-time labor to tical meetings and from what Mr. Chen IN THE HOUSE OF REPRESENTATIVES work on it, then he was "rich." calls "selecting and being selected," that is, Chen Fu-ching, the leader of the Tung from having any voice in choosing the Monday, October 17, 1977 Ku Cheng pr{)duction brigade where the brigade's officers. In fact, Mr. Chen suggested Mr. MICHEL. Mr. Speaker, news about former rich peasant works as a field laborer, at one point that Fu Nung-ren really was described what happened to famllies like his not considered a member of the brigade at the Supreme Court's hearing of the when the Communists took over an area Bakke "reverse discrimination" case has all. Fu Nung-ren's chances of getting any near the city of Shinkichwang, 160. miles job except the lowliest are, of course, nil. appeared on every front page in the southwest of Peking. Mr. Chen insisted that the children of country. The case concerns a number of PUNISii:M'ENT FOR PAST "CRIMES" former landlords and rich peasants "get issues. Should the United States, even for "The poor and lower-middle peasants or­ the same treatment as others" in this partic­ the best of reasons, treat individual citi­ ganized the Poor and Lower-Middle Peasants ular production brigade. But this is not the zens as members of certain "classes" Association and brought the landlords and general rule in China today. In many com­ from which there is no way to remove rich peasants together and settled accounts munes, children and even grandchildren ot oneself? Should the U.S. Government ask with their crimes in the past," he said. rich peasants and landlords automatically young men and women to pay the price As was not the case in many, and perhaps inherit their fathers class standing and must 34068 EXTENSIONS OF REMARKS October 17, 1977 work hard to have their "cap" removed. .status if the Communists lowered their vigi­ In emphasizing a penalty-oriented conser­ And anyone with a "bad class background" ·lance: ------vation approach to the energy crisis, the anywhere in China falls under a political But Richard Curt Kraus, a United States President's plan flew in the face of both cloud. sociologist and expert on China, has offered human nature and American tradition. "If they are of landlord family origin," a second explanation that seems to gain What the President's plan said, in effect, said a brigade leader in Shansi Province, greater validity each year. He argues that was that it's time for the U.S. economy to "then they may be influenced by that. So members of China's "new class" of officials grind to a halt. they need more tempering and transforma­ have discovered that it is very much in their That may be so, but the American people tion." The brigade leader indicated that this interest to keep the pressure on for land­ are not sold on the idea. They would like meant they must prove their worth by doing lords, rich peasants and old bourgeois ele­ to give the fabled American technology and more ordinary labor than others. ments. initiative just one more go at a solution EDUCATIONAL OPPORTUNITY LIMITED By focusing attention on these groups, that would not mean the abandonment of Professor Kraus reasons, Chinese officials the high material standard of living we have Children with the wrong class background divert attention from themselves, the new achieved with such great effort and have be­ have only a very slim chance of being se­ bourgeois, which Chairman Mao Tse-tung come so deeply accustomed to. lected to attend a school of higher learning himself identified as posing new and more The American people think in terms of the even if they have proven their ability. dangerous class problem that China faces. Panama Canal, the Manhattan Project and Visits by this correspondent to Chinese col­ the man-on-the-moon when their country leges and universities during the last two faces a problem. years provided evidence that there was some The President offered them the prospect of sort of regulation that restricted the number DALLAS-FORT WORTH REACTION ever higher fuel costs (through federal taxa­ of students with a "bad class background" tion) , more government controls and very to a maximum of 5 percent of the enroll­ TO THE PRESIDENT'S OUTBURST little hope that all the proposed hardship ment. It is also evident that the actual pro­ would get the job done. portion is well below 5 percent. His plan provided few positive incentives The records revealing class background to inspire anyone to make an effort to do follow Chinese citizens everywhere. Some­ HON. DALE MILFORD OF TEXAS something about the energy crisis. It pro­ times the class background of someone who vided practically no such incentives for the has moved away from a rural area is ignored IN THE HOUSE OF REPRESENTATIVES one best situated to do the most in the short for years and then suddenly becomes rele­ Monday, October 17, 1977 and intermediate term-the oil and gas vant again and the person in question industry. suffers. Mr. MILFORD. Mr. Speaker, Mem­ The President's attempt now to blame There was the case of two Chinese citi­ bers of the House and Senate may be others for the apparent failure of his 111- zens, for instance, who were idealistic and interested to know of the reaction conceived program can only be counter­ patriotic teen-agers when they joined the productive to his effort to get it approved. Red Army before the Communist victory in brought about by President Carter's press conference this past week. His impugning of the character and moti­ 1949. Over the years both established excel­ vation of those who constitute one of the lent records in the army and were advanc­ I would like to enclose for the RECORD country's largest private industries can only ing at a good pace. three different articles: First, the lead cost the presidency in terxns of dignity and Then along came one of these periodic editorial from the Fort Worth Star Tele­ respect. campaigns during which officials were urged gram, Sunday issue, October 17, 1977; That's most disappointing. to pay more attention to the class back­ second, the lead editorial from the ground of those serving under them. The two men suddenly found that roads to further Dallas Times Herald, October 16, 1977; (From the Dallas Times Herald Oct. 16, 1977] advancement were blocked and they were and third, an editorial by Bert Holmes, FUEL "WAR" NOT ANSWER being systematically discriminated against Dallas Times Herald, October 16, 1977: If President Carter has any hope of because their grandfather was a small-scale [From the Fort Worth Star-Telegram, achieving a sound energy program, he is landlord. Oct. 17, 1977] going to have to work with and not against In addition, they became objects of sus­ PRESIDENT'S OUTBURST DISAPPOINTING the Senate, the oil and gas industry and the picion because some of their relatives had American consumer. left China soon after 1949. Today they hold We're disappointed. Although we didn't endorse Jimmy Carter In lashing out last week at the oil and gas factory jobs that are quite satisfactory by in the 1976 presidential election, we held producers, whom he compared with war pro­ Chinese standards, but they know they have fiteers, the President promised to follow the no hope of promotion and they worry that gre-a.t hope that a person of his integrity and poise would restore public confidence in the maxim of Gen. Ulysses S. Grant during the their children will have little chance of get­ office of the presidency, which had been so Civil War: "I propose to fight it out along ting any advanced education because of the shattered by Watergate. this line if it takes all summer." few acres of land their great-grandfathers Grant eventually led his Union troops to once owned. We still nourish the hope, but it has been grievously diminished by the President's vi­ victory over the starving Confederate armies, MANY SLAIN IN CULTURAL REVOLUTION cious attack on the U.S. oil industry. but he knew more about fighting a war than One of the most unpleasant aspects of be­ Obviously fretting over the disaster suf­ does the former Georgia governor now in ing a member of China's sub-class is the fered by his energy proposals at the hands the White House. social isolation that goes with it. Chinese of Congress, President Carter left his usual President Carter's self-assigned task of children are taught from an early age that decorum and used a nationally televised imposing his own energy program on a re­ landlords and rich peasants are bad people. news conference to unleash a rhetorical as­ luctant Senate is weakened by his apparent They are also told the identity of their vil­ sault against the industry. addiction to another, less famous quotation: lage's former landlords and rich peasants and He employed inflammatory language such "My mind is made up; don't confuse me with their children. as "war profiteering" and the "greatest rip­ facts." It seems that every political convulsion in off" in history to warn the public against In attempting to document his charge Communist China has been accompanied by what he envisions as the possible results of that the oil and gas indus try is seeking to attacks on members of the subclass, who Congress' refusal to go along with his pro­ profit from the biggest ripoff in history, provide the easiest if not the most appro­ posals for continued and expanded govern­ President Carter said that if Congress rejects priate targets. ment control of the oil and gas producers. his program to continue regulation of oil and Sometimes the attacks are more than ver­ " . . . The oil companies apparently want natural gas prices, $50 billion would "go into bal. Ten years ago, during the Cultural Revo­ it all," he said, in charging that the oil and the pockets of oil companies themselves." lution, peasants in one area in northern gas industry operate outside the free enter­ The man who calculated that figure for China k1lled all the former landlords and prise system, a charge such as no other the White House, consultant Steve Muzzo, rich peasants, as well as their wives and · President to our knowledge has ever made. later pointed out that the President's inter­ children, in one day. According to the official The President's outburst appears to have pretation was not quite right. The $50 bil­ Chinese source of this story, the incident been aimed at trying to pursuade the Amer­ lion represents gross revenues, before taxes involved 10 production brigades, suggesting ican people to chasten Congress for not ap­ and business expenses are subtracted, not that hundreds may have been killed. proving his energy plan intact. profits into the "pockets" of the companies. Many outsiders initially find it strange That seems particularly ironic in view of Stubbornness in defending his own energy that Chinese officials are stm regularly de­ the fact that, in balking at the bulk of the plan will not help the President win over nouncing landlords, rich peasants and Carter energy package, Congress has merely the senators who are working on a more "bourgeois elements" nearly three decades reflected the leanings of public sentiment sensible incentive program. Nor will the after the wealth and property of these groups on the issue. President be able to enrage consumers and was confiscated. A partial explanation for The fault has not been with Congress-or thus get them to exert pressure on the the denunciations is that there is a linger­ more specifically the Senate, which has done Senate by using "ripoff" estimates which his ing fear among some Communists that these most of the damage to the energy package. own consultant admits are erroneous. elements would somehow regain their elite The fault has been with the package itself. Threats of rationing and stiff tariffs on 1m- October 17, 1977 EXTENSIONS OF REMARKS 34069

ported oil wlll not frighten any consumer If given the choice of paying more to Amer­ 9:30 a.m. who realizes that the senators are not about ican companies or paying more to the Arabs, Fore1gn Relations to approve these ideas either. one would hope that our average citizen To resume hearings to receive testimony Oil spokesmen were generally restrained in would opt for keeping as many of our dollars from Ambassador Ellsworth Bunker replying to the President's charges. While as possible at home. Huge deficits in our bal­ and Sol Linowitz, Co-Negotiatiors, on they criticized the statements as untrue and ance of payments may not be understood by the Panama Canal Treaties (Exec. N., unfair, they used the incident to point out too many of us, but the resulting iP..flafion 95th Cong., 1st sess.) . again that incentives are needed to encour­ and the fears of recession are troubling to the 4221 Dirksen Building age maximum development of domestic en­ most uninformed. Governmental Affairs ergy resources. Before the average American gives up his Permanent Investigations Subcommittee The Senate Finance Committee, the real auto commuting habits or reduces his con­ To continue hearings to receive testi­ source of the President's frustration, has dis­ sumption of gasoline, he is going to have to mony concerning labor union insur­ carded all of the Carter energy tax program. be convinced that there are no alternatives. ance programs. It is developing a package of tax credits and If there is oil and gas awaiting discovery, why Dirksen Building incentives which could be financed with part not find it? If the cost is higher than "old oil" Judiciary of the energy taxes approved by the House. but less than imported oil, why force us to Administrative Practices and Procedures The committee favors the creation of a new depend further on foreign producers? Subcommittee energy development corporation to offer loans Even if Americans are convinced that we To hold hearings on proposed legislation to developers of new energy sources, energy must conserve our dwindling reserves, they dealing with the Department of Agri­ research and energy efficient transportation. might join the Senate Finance Committee in culture's policies, practices, and pro­ If President Carter wlll back off his Gen. asking whether it is not wise to encourage cedures regarding famUy farmers. Grant position and look at the facts, he the development of alternate fuels, such as 2228 Dirksen Building gasified coal, oil shale, alcohol or electricity might be able to work with the House-Sen­ 10:00 a .m . ate conference committee in the design of a generated in nuclear plants. There is an innate faith among the ordi­ Banking, Housing, and Urban Affairs sound energy policy. We do not need a civil To continue markup of legislation pro­ war on energy; we need a leader who can nary citizens that American ingenuity can solve complex problems. After all, we went to posing simplification in the truth in follow President Johnson's advice: "Come, lending laws (S. 1312, 1501, 1653, and let us reason together." the moon, didn't we? Our scientists invented the atomic bomb in time to help win World 1846). War II. They also developed synthetic rubber 5302 Dirksen Building [From the Dallas Times Herald, Oct. 16, 1977] when that war cut off imported supplies. Rules and Administration To hold hearings on the nomination of ENERGY AND THE AVERAGE CITIZEN The high cost of natural gas and electricity are getting the attention of homeowners, and John J . Boyle, of Maryland, to be (By Bert Holmes) tax incentives wlll speed the weatherization Public Printer, followed by a business President Carter may have stirred up ad­ of homes. More fuel-efficient automobiles are meeting on pending calendar business. ditional resentment against the oil and nat­ being accepted in the market place. 301 Russell Building ural gas industries in his "ripoff" charges Sacrifices will be made if enough people 10:30 a.m. last week, but he may be underestimating the believe they are necessary, but there are few Judiciary common sense of the average American in his masochists. If there is a way to match supply Business meeting on pending calendar attempts to generate public pressure on the and demand, through free enterprise or gov­ business. Senate. ernment incentives, why impose suffering? 2300 Dirksen Building The President said that we wlll have "ac­ President Carter is reaching for support of OCTOBER 20 ceptable energy legislation" this year "if the his energy plan from the ordinary Amert.can. American people recognize the importance of 8:30a.m. He might have better luck in his educationa.I Energy and Natural Resources this issue." The issue he was talking about campaign if he changed his textbook. was the continuation of controls on new To hold a business meeting on pending natural gas prices and the increase in crude calendar business. oil prices through taxes. 3110 Dirksen Building The Senate has rejected the oil equaliza­ 9:00a.m. tion taxes, which would triple the price of SENATE COMMITTEE MEETINGS Human Resources domestic oil during the next three years. Title IV of Senate Resolution 4, agreed To hold a business meeting on pending The taxes would increase the price of gaso­ to by the Senate on February 4, 1977, calendar business. line some 7 cents a gallon, which the Presi­ calls for establishment of a system for a 4232 Dirksen Building dent thinks would help force conservation. computerized schedule of all meetings 9 :30a.m. The Senate has also voted for the deregula­ Judiciary tion of new natural gas prices contrary to and hearings of Senate committees, sub­ committees, joint committees, and com­ Administrative Practice and Procedure the wishes of President Carter. Subcommittee The average Aroeric3.n may indeed buy the mi,ttees of conference. This title requires To continue hearings on proposed legis­ President's thesis that the oil and gas com­ all such committees to notify the Office lation dealing with the Department o! panies are greedy. But for that matter, he of the Senate Daily Digest-designated Agriculture's policies, practices, and probably thinks that nearly every company is by the Rules Committee of the time, out to make as much money as possible. (In­ procedures regarding family farmers. deed, polls have shown that the majority of place, and purpose of all meetings when 2228 Dirksen Building people think the profit margins of corpora­ scheduled, and any cancellations or Judiciary tions generally are far higher than they are changes in meetings as they occur. Criminal Laws and Procedures Subcommit­ tee in fact.) As an interim procedure until the To resume hearings to examine the ero­ Our average American knows, however, that computerization of this information be­ sion of law enforcement intelligence the oil exporting nations are greedier than comes operational, the Office of the Sen­ gathering capabilities. any domestic company would dare to be. The 1114 Dirksen Building quadrupling of the price of imported oil in ate Daily Digest will prepare this infor­ the last four years is no secret, nor is the fact mation for printing in the Extensions of 10:30 a.m. that gasoline pump prices have more than Remarks section of the CONGRESSIONAL Commerce, Science, and Transportation doubled. RECORD on Monday and Wednesday of To hold hearings on the nomination of One reporter at the presidential press con­ each week. Thomas F. Moakley, of Massachusetts, ference raised an important point. How, he Any changes in committee scheduling to be a Federal Maritime Commis- asked, does the President square his warnings will be indicated by placement of an stoner. about the energy crisis with the public per­ 5110 Dirksen Building ception that things are not too critical? It's a asterisk to the left of the name of the Commerce, Science, and Transportation tough job, President Carter noted, and he unit conducting such meetings. To hold a business meeting on pending hopes that it will not take another oil em­ Meetings scheduled for Tuesday, calendar business. bargo and long lines at the gasoline stations October 18, 1977, may be found in Daily 235 Russell Building to confirm the fact that there is an impend­ Digest of today's RECORD. ing energy problem. 2:30p.m. The average American knows that he can MEETINGS SCHEDULED Human Resources buy all the gasoline he wants t.o at the mo­ OCTOBER 19 Education, Arts and the Humanities Sub­ ment. He has likely read that there is an 9:00 a.m. committee actual glut of oil and that Alaslmn oil has Commerce, Science, and Transportation To continue hearings on S. 1753, to ex­ hardly begun to reach the market. He per­ To continue hearings on S. 2036, the tend the Elementary and Secondary haps has also heard that Mexico has an ocean Amateur Sports Act of 1977. Education Act of 1965. of oil and natural gas awaiting development. 5110 Dirksen Building 4232 Dirksen Building CXXIII--2144-Part 26 34070 EXTENSIONS OF REMARKS October 17, 1977 OCTOBER 21 Energy and Natural Resources NOVEMBER 4 B:OO a.m. Energy Production and Supply Subcom­ 9:30a.m . Finance mittee Human Resources Health Subcommittee To continue oversight hearings on the Labor Subcommittee To resume hearings on S. 1391 and 1470, coal leasing program and its general To continue hearings on s. 1883 and hospital cost containment bills, and impact on coal development in the 1855, to strengthen the remedies and H.R. 8423, to improve Medicare admin­ West. expedite the procedures under the istration and operation of coverage for 3110 Dirksen Building National Labor Relations Act. patients suffering from kidney failure. OCTOBER 28 Until 5:00p.m. 4232 Dirksen Building 2221 Dirksen Building 9 :30a.m. NOVEMBER 8 9:00a.m. Judiciary *9:00a.m . Armed Services Constitution Subcommittee Commerce, Science, and Transportation Arms Control Subcommittee To continue hearings on S. 35, proposed Science, Technology, and Space Subcom­ To resume closed hearings to receive Civil Rights Improvements Act of 1977. mittee testimony from Secretary of State 2228 Dirksen Building To resume hearings to receive testimony Vance on the current status of the Judiciary on the possible effect of recombinant SALT II negotiations. Criminal Laws and Procedures DNA research on the field of scientific S-407, Capitol To resume hearings on S. 2013, to re­ inquiries. 9:30a.m. quire the additional labeling of explo­ 5110 Dirksen Building Select Indian Affairs sive materials for the purpose of iden­ To hold hearings on S .J. Res. 86, to ex­ tification and detection. NOVEMBER 9 tinguish title, if any, claimed by the 6202 Dirksen Building 10:00 a.m. Mashpee Tribe to property presently 10:00 a.m. Banking, Housing, and Urban Affairs occupied by homeowners in Mashpee, Banking, Housing, and Urban Affairs To resume oversight hearings on U.S. Massachusetts. To continue oversight hearings on the monetary policy. 6202 Dirksen Building role of the FHA in home financing. 5302 Dirksen Building Judiciary 5302 Dirksen Building Judiciary Criminal Laws and Procedures 10:30 a.m. Constitution Subcommittee To hold hearings on S . 1487, to eliminate Commerce, Science, and Transportation To hold hearings on S . 1845, the Poly­ racketeering in the sale and distribu­ To resume hearings on S . 61 , requiring graph Control and Civil Liberties Pro­ tion of cigarettes. that a certain percentage of U.S. oil tection Act of 1977. 2228 Dirksen Building imports be carried on U.S.-fiag vessels. 2226 Dirksen Building 10:00 a.m. 5110 Dirksen Building NOVEMBER 10 Banking, Housing, and Urban Affairs OCTOBER 31 9:00a.m. To continue hearings in connection with 9:30a.m . Commerce, Science, and Transportation recent increases in lumber prices and Human Resources their effect s on the Nation's housing Science, Technology, and Space Subcom­ Labor Subcommittee mittee industry. To resume hearings on S. 1883 and ·1855, 5302 Dirksen Building To resume hearings to receive testimony to strengthen the remedies and ex­ on the possible effect of recombinant *Human Resources pedite the procedures under the Na­ Education, Arts, and the Humanities Sub­ tional Labor Relations Act. DNA research on the field of scientific committee Until 5:00p.m. 4232 Dirksen Building inquiries. To resume hearings on S. 1753, to ex­ 10:00 a .m. 5110 Dirksen Building tend the Elementary and Secondary Energy and Natural Resources 10:00 a .m. Education Act of 1965. Energy Production and Supply Subcom­ Banking, Housing, and Urban Affairs Until noon 6226 Dirksen Building mittee To continue oversight hearings on U.S. OCTOBER 25 To hold hearings on S. 1879, to bar the monetary policy. 10:00 a.m. granting of pipeline rights-of-way to 5302 Dirksen Building Energy and Natural Resources applicants who produce oil products. Judiciary Energy Production and Supply Subcom­ 3110 Dirksen Building Constitution Subcommittee mittee NOVEMBER 1 To continue hearings on S. 1845, the To hold oversight hearin gs on the coal 9:00a.m. Polygraph Control and Civil Liberties leasing program and its general im­ Judiciary Protection Act of 1977. pact on coal development in the West. Constitution Subcommittee 2228 Dirksen Building 3110 Dirksen Building To hold oversight hearings on activities NOVEMBER 11 Judiciary of the Civil Rights Commission. 10:00 a.m. To mark up S. 1437, to codify, revise, 2228 Dirksen Building 10:00 a.m. Banking, Housing, and Urban Affairs and reform the Federal criminal laws. To continue oversight hearings on U.S . S-126, Capitol Energy and Natural Resources OCTOBER 26 Energy Production and Supply Subcom­ monetary policy. 10:00 a.m. mittee 5302 Dirksen Building Banking, Housing, and Urban Affairs To continue hearings on S. 1879, to bar NOVEMBER 14 To hold oversight hearings on the role the granting of pipeline rights-of-way 10:00 a .m . of the FHA in home financing. to applicants who produce oil prod­ ucts. Judiciary 5302 Dirksen Building 3110 Dirksen Building Improvements in Judicial Machinery Sub­ Energy and Natural Resources NOVEMBER 2 committee Energy Production and Supply Subcom­ To hold hearings on S. 2014, to provide mittee 9:00 a.m. To continue oversight hearings on the Commerce, Science, and Transportation greater protection to consumers in coal leasing program and its general Science, Technology, and Space Subcom­ bankruptcy proceedings. impact on coal development in the mittee 2228 Dirksen Building West. To hold hearings to receive testimony NOVEMBER 15 3110 Dirksen Building on the possible effect of recombinant 10:00 a.m. Judiciary DNA research on the field of scientific Judiciary To continue markup of S. 1437, to inquiries. Improvements in Judicial Machinery Sub­ 5110 Dirksen Building codify, revise, and reform the Federal committee criminal laws. Judiciary Constitution Subcommittee To continue hearings on S. 2014, to pro­ 8-126, Capitol vide greater protection to consumers OCTOBER 27 To continue oversight hearings on activ­ ities of the Civil Rights Commission. in bankruptcy proceedings. 9:30a.m. 2228 Dirksen Building 2228 Dirksen Building Judiciary NOVEMBER 3 NOVEMBER 16 Constitution Subcommittee 10:00 a.m. To hold hearings on S. 35, proposed Civil 9:30 a .m. Rights Improvements Act of 1977. Human Resources Judiciary 2228 Dirksen Building Labor Subcommittee Improvements in Judicial Machinery Sub­ 10 :00 a .m . To resume hearings on S. 1883 and 1855, committee Banking, Housing, and Urban Affairs to strengthen the remedies and ex­ To continue hearings on S. 2014, to pro­ To continue oversight hearings on the pedite the procedures under the Na­ vide greater protection to consumers role of the FHA in home financing. tional Labor Relations Act. in bankruptcy proceedings. 5302 Dirksen Building Until 5:00p.m. 4232 Dirksen Building 2228 Dirksen Building October 1.8, 1977 CONGRESSIONAL RECORD-HOUSE 34071 NOVEMBER 17 DECEMBER 13 DECEMBER 15 10:00 a.m. 10:00 a.m. *9:00a.m. Judiciary Judiciary Commerce, Science, and Transportation Improvements in Judicial Machinery Sub­ Constitution Subcommittee Science, Technology, and Space Subcom­ committee To hold hearings on S .J . Res. 67, propos­ mittee To continue hearings on S. 2014, to pro­ ing an amendment to the Constitution To hold hearings on the United Nations vide greater protection to consumers with respect to the proposal and the conference on science and technology enactment of laws by popular vote in bankruptcy proceedings. for development in 1979. of the people of the United States. Until 5:00p.m. 5110 Dirksen Building 2228 Dirksen Building 2228 Dirksen Building NOVEMBER 18 .DECEMBER 14 CANCELLATIONS 10:00 a.m. 10:00 a .m. OCTOBER 19 Judiciary Judiciary 9:00a.m. Improvements in Judicial Machinery Sub­ Constitution Subcommittee Human Resources committee To continue hearings on S.J. Res. 67, To resume hearings to receive testimony To continue hearings on S. 2014, to pro­ proposing an amendment to the Con­ from Executive branch officials in con­ stitution with respect to the proposal vide greater protection to consumers and the enactment of laws by popular nection with recent studies on human in bankruptcy proceedings. vote of the people of the United States. resource programs. 2228 Dirksen Building 2228 Dirksen Building Until noon 4232 Dirksen Building

HOUSE OF REPRESENTATIVES-Tuesday, October 18, 1977 The House met at 12 o'clock noon. Meeds Ruppe Vanik During the years that I have known Rabbi Simcha Freedman, Temple Metcalfe Sarasin Waxman Mikva Scheuer Whalen Rabbi Freedman personally and been ac­ Adath Yeshurun, North Miami Beach, Miller, Calif. Seiberling Wolff quainted with the extent of his com­ Fla., offered the following prayer: Nolan Shuster Young, Alaska munity involvement, I have been im­ Pepper Solarz Life pressed by not only his active commit­ C"M' to Rangel Teague ments to Jewish causes but also his con­ Dear G-d, Scripture enjoins us "choose The SPEAKER. On this .rollcall 391 cern for the well-being of our entire · life." Members have recorded their presence religious and secular community. Rabbi This shall be a life of Independence, not by electronic device, a quorum. Freedman is a great humanitarian a.s an existence subject to isolation By unanimous consent, further pro­ well as a true spiritual leader. and coercion; ceedings under the call were dispensed A life of Security, not an existence in with. fear of terrorism; MESSAGE FROM THE SENATE A life of Righteousness, not an existence at the mercy of international in­ THE JOURNAL A message from the Senate, by Mr. justice; The SPEAKER. The Chair has ex­ Sparrow, one of its clerks, announced A life of Amity, not an existence men­ amined the Journal of the last day's that the Senate had passed without aced by war; proceedings and announces to the House amendment a joint resolution of the A life of Earnestness, not an existence his approval thereof. House of the following title: dependent upon questionable safe­ H.J. Res. 573. Joint resolution commemo­ Without objection, the Journal stands rating General Thaddeus Kosciusko by pre­ guards and promises; approved. senting a memorial plaque in his memory to A life of Love, not an existence threat­ There was no objection. the people of Poland on behalf of the Amer­ ened by plots of extinction. ican people. Dear G-d, we pray You vouchsafe RABBI SIMCHA FREEDMAN The message also announced that the Your blessings upon the Members of this