35226 EXTENSIONS OF REMARKS November 5, 1975 monishes us, in this way, to plunge Whereas, in partner.ship with his wife, Mrs. Mr. ROBERT c. BYRD. Yes. ahead. This is indicative of his reason Ariel Durant, Dr. Durant has completed a Mr. GRIFFIN. May I ask, the amend life-long endeavor, an eleven-volume work, ments must be germane? able yet optimistic and hopeful philos The Story of Civilization; ophy. Seeing history with this perspec Whereas Will and Ariel Durant received Mr. ROBERT C. BYRD. Yes. tive not only makes possible our efforts the Pulitzer Prize in 1968; and · to improve the lot of the human race Whereas the efforts of Dr. Durant have in our own time--but, indeed, compels us ma.de the study of history a lively and in ADJOURNMENT TO 9: 30 A.M. to make the history of our day a chron teresting pursuit for millions and stand as a Mr. ROBERT c. BYRD. Mr. President, tribute to his family, his friends, and to in if there be no further business to come icle of peace and progress. tellectual achievement in the United States Finally, for those who believe history of America.: Now, therefore, be it before the Senate, I move, in accordance to be primarily a study of territorial Resolved. That the Senate of the United with the previous order, the Senate stand realinements, wars, and famine, I offer States commemorates the 90th anniversary, in adjournment until the hour of 9: 30 these words, contained in "The Lessons on November 5, 1975, of the birth of this a.m. tomorrow. of History," published in 1968. With this great American and honors his contributions The motion was agreed to; and at 7: 09 observation, the Durants have outlined to the knowledge and understanding of mim p.m., the Senate adjourned until tomor the quality of their hope and optimism, kind through history. row, Thursday, November 6, 1975, at 9:30 and their view of the totality of history. a.m. History ls above all else the creation and recording of the intellectual, moral and PROGRAM esthetic heritage of mankind; progress ls NOMINATIONS the increasing abundance, use, preservation Mr. ROBERT c. BYRD. Mr. President, the Senate will convene at 9: 30 a.m. to Executive nominations received by the and transmission of that heritage. Senate November 5, 1975: To those of us who study history not morrow morning. After the two leaders merely as a. warning reminder of ma.n's or their designees have been recognized DEPARTMENT OF TRANSPORTATION follies and crimes but also as an encourag under the standing order, Mr. BARTLETT Roger W. Hooker, Jr., of New York, to be ing remembrance of generative souls, the will be recognized for not to exceed 15 an Assistant Secretary of Transportation, past ceases to be a. depressing chamber of Vice Robert Timothy Monagan, Jr., resigned. horror's; it becomes a spacious country of minutes, after which there will be a period the mind, wherein a thousand saints, states for the transaction of routine morning men, inventions, scientists, poets, artists, business of not to exceed 15 minutes, CONFIRMATIONS musicians, philosophers, and lovers still live with statements limited therein to 5 and speak, teach and carve and sing. minutes each, at the conclusion of which Executive nominations confirmed by The PRESIDING OFFICER. The ques the Senate will resume consideration of the Sena:,te November 5, 1975: tion is on agreeing to the resolution. S. 5 under a time. agreement. Upon the DEPARTMENT OF THE TREASURY The resolution (S. Res. 2.94) was disposition of S. 5 the Senate will take Harold F. Eberle, of California, to be a. agreed to. up the appropriations bill for military Deputy Under Secretary of the Treasury. The preamble was agreed to. construction (H.R. 10029) on which there DEPARTMENT OF HEALTH, EDUCATION, AND The resolution, with its preamble, is also a time agreement. WELFARE reads as follows: Rollcall votes will occur on both of Marjorie Ward Lynch, of Washington, to those measures, and the day promises to be Under Secretary of Health, Education, Resolution commemorating the 90th anni and Welfare. versary, on November 5, 1975, of the birth be a long one tomorrow with several roll call votes throughout the day. (The above nom.lna.tions were approved of Will Durant and honoring his contribu subject to the nominees' commitments to tions to the interpretation and understand Mr. President, I ask the Chair to state respond to requests to appear and testify ing of history the agreement with respect to S. 5. before any duly constituted committee of Whereas William James Durant has de The PRESIDING OFFICER. The time the Senate.) · voted his life to the study of history and for debate on this bill is limited to 1 hour, philosophy; to be equally divided and controlled be Whereas understanding of the lessons of tween the majority and minority leaders WITHDRAWAL history is central to the educational proc or their designees, with 30 minutes on Executive nomination withdrawn from ess of every generation and to the enhance any amendment, debatable motion, ap ment and development of modern civillza. the Senate November 5, 1975: tion; peal or point of order. Robert W. Hooker, Jr., of the District of Whereas Dr. Durant has employed a vivid Mr. ROBERT C. BYRD. I thank the Columbia., to be an Assistant Secretary of style which has inspired untold numbers of Chair. Transportation, vice Robert Timothy Mona students to develop a. personal devotion to The PRESIDING OFFICER. In the gan, Jr., resigned, which was sent to the the study of history; usual form. Senate on November 4, 1975.
EXTENSIONS OF REMARKS LA TEST SST NOISE PROBLEMS most hardened skeptic, there is no longer vironmental Defense Fund, to the Hon any justification for Concorde supporters orable William T. Coleman, Jr., Secre HON. LESTER L. WOLFF to cling to the claim that Concorde is tary of Transportation: "only slightly" noiser than conventional, ENVIRONMENTAL DEFENSE FuND, OF NEW YORK subsonic jets. Washington, D.C., November 2, 1975. IN THE HOUSE OF REPRESENTATIVES As the Post stories, echoing the earlier, Re: Concorde SST Wednesday, November 5, 1975 excellent reporting of the Washington Hon. WILLIAM T. COLEMAN, Jr., Secretary of Transportation, Mr. WOLFF. Mr. Speaker, as we now Star, and its dedicated aviation expert, Mr. Tom Love, have shown, Concorde 400 Seventh Street S.W., know from the recent articles in the Washington, D.C. Washington Post, the British-French is six times as loud on takeoff as the new DEAR MR. SECRETARY: This morning's New Concorde supersonic airliner has run wide-bodied jets, and more than twice York Times (p. 6) carried a. brief report into severe problems because of its noise as loud as the worst of the older jets which read in pa.rt as follows: characteristics. such as the Boeing 707. "London, Nov. 1 (Reuters)-The Chairman This should come as no surprise to any Twice as loud is not "only slightly," of the British Airways, Sir David Nicholson, Member who has been able to penetrate Mr. Speaker, and I hope that Secretary said that noise levels on take-off for the Coleman will put Concorde to rest once supersonic airliner Concorde a.re unlikely to the smokescreen of rhetoric and outright be improved, it has been revealed. misrepresentation which Concorde sup and for all-despite the unwarranted "Sir David made the com.men t in a. letter porters have bombarded us with since pressure of Secretary Kissinger and to a Conservative Member of Parliament, January. others in the executive branch. Toby Jessel. Mr. Jessel had asked what action In short, as the following letter from I now submit for the RECORD a copy British Airways planned after a. Government the Environmental Defense Fund should of a letter from Mr. John Hellegers, the report that the Concorde infrringed noise reg abundantly demonstrate for even the able Washington Counsel for the En- ulations on about 70 per cent of its take-offs November 5, 1975 EXTENSIONS OF REMARKS 352271 from Heathrow Airport during a recent series 60 days.' That period would expire shortly only on the usual rental fee, but also on of endurance flights. after the turn of the year. Revisions in light our allowing the facilities to be used only "'To be frank I must say it is unlikely of the new comments could be made in the by NATO and then only under the com that we can further improve the aircraft's month of January, and a final statement is take-off noise levels... .' Sir David's letter sued and a decision announced in early Feb mand of Turks. To boot, it wants an im said.'' rua.ry. Pursuant to § 1500.11 of the Council mediate cash payment just for this mag The takeoff noise levels on which Sir David on Environmental Quality's Guidelines for nanimous gesture of giving back what is says "it is unlikely that we can further im- Preparation of Environmental Impact State already ours. prove" were recently reported in the follow- ments, 40 C.F.R. § 1500.11, that decision It is certainly arguable that this ing words by the Greater London Council could become final in ea.1"ly March, 30 days amounts to blackmail. I am not at all ("GLC"); later. According to press reports, British Air- convinced that there is some clear and "On take off Concorde is more tha'tl twice ways and Air France have no intention in present danger to vital security interests as loud as the noisiest aircraft using Heath- any event of starting commercial flights to row and up to 6 times as loud as the new the United States prior to April 1. That date which might justify benignly overlooking generation of aircraft some of which have could stlll be met, assuming, of course, that principle. We should not repeat our mis recently entered service ...." 1 your decision were favorable to the Concorde, ta~e. The administration and supporters If this morning's Times story is accurate, and assuming further that no preliminary of lifting the ban, in violation of our own Sir David has just acknowledged as untrue injunction were issued in litigation over law, must wonder if our affirmative ac a claim forcefully urged by Concorde pro- that decision. tion to aid Turkey is now justified. Ob ponents after these endurance flights, namely If it would be helpful for me to meet viously it is not appreciated by that that the noise levels recorded were un- with you or a member of your staff to dis government. characteristically high, and could be sub- cuss the details of our request for recircu stantially reduced through the use of noise lation of a revised impact statement, and its The article follows: abatement equipment and procedures.2 A bearing on possible litigation over the Con TuRKEY parallel claim made after these flights- corde, I would be happy to do so at your "Turkey has asked the United States for a. that the noise levels recorded were no worse convenience. cash payment in exchange for allowing U.S. than those of the worst subsonic jets--wa.s Sincerely YOlll"S, military bases on Turkish territory to re earlier exposed as false. The London Observer JOHN F. IIELLEGERS, sume operations, a government source said reported on October ·19, 1976, that: Washington Counsel. yesterday. " [A] Government figure given to the media. FOOTNOTES "The source did not disclose the a.mount of last week and purporting to show that Con- 1 GLC, Report by Controller of Planning the cash payment. corde is no noisier than the noisiest subsonic and Transportation, Scientific Adviser, re "The two countries began negotiations jets is now admitted to be grossly mis- Concorde Operations, p. 5 (Oct. 17, 1975). earlier this week on reopening two dozen leading. 2 See, e.g., Aviation Week & Space Tech- bases and monitoring stations closed in re "According to officials, the figure (a noise nology, Oct. 27, 1975, p. 27: "The GLC moni taliation for a ban imposed last February by reading of 123 decibels for a Boeing 707) toring followed a similar test made by the Congress on arms shipments to Turkey. The was taken only a mile from the take-off Dept. of Trade. Both are being challenged ban, partially lifted early this month, was point, whereas Concorde's readings of simi- by the British Aircraft Corp., which points imposed because Turkey used America.n lar loudness were taken 3.5 miles a.way. out that Concorde pilots were not neces- ma.de arms in its July 1974 invasion of "A leading noise expert, and chairman of sarlly following noise abatement procedures Cyprus. the Local Authorities Aircraft Council, Mr. exactly during the tests, and often were Brit "The source said Turkey gave an eight Geoffrey Holmes, said yesterday that at one ish Aircraft pilots not yet used to Concorde polnt draft resolution for resumption of mile from take-off Concorde would have been flight handling for best noise performance." base opera. tions to the Americans and 'we are making about 137 decibels." (Emphasis 3 DOT Information Brief, TST-50, p. 8 now waiting the reaction from Washington. added.) (Dec. 11, 1973). "'Payment comes under two headings: in demnification for the loss of production ( on Actually, there should be nothing in the - "" This was the period allowed for comment land allocated bases) and compensation for GLC measurements--or in Sir David Nichol- on the initial draft. Pursuant to § 1500.9(f) the security risk Turkey takes (by allowing son's acknowledgement as to their accu- of the CEQ Guidelines, infra, that period the bases to operate on her soil),' the source racy-to surprise the U.S. Department of could, however, be compressed to as little said. Transportation or the Federal Aviation Ad- as 45 days. "He said other provisions in the draft ministration. Almost two years ago an "in- stipulate that: formation brief" was prepared for your "-The bases are to be put under the com predecessor, Secretary Brinegar, which can TURKISH ARMS SALES mand of a. Turkish officer who will ha.ve an didly admitted that: RECONSIDERED American deputy. "Subjectively, the supersonic transports "-The bases are to operate only for the [the Concorde and the Soviet TU-144] will defense of North Atlantic Treaty Organiza be judged several times as loud as subsonic HON. DON BONKER tion. (The United States has always consid 3 aircraft of comparable or greater size." OF WASHINGTON ered the bases vital to America's defense be But the GLC measurements would very cause they could provide early warning of definitely surprise anyone who relied for his IN THE HOUSE OF REPRESENTATIVES a possible Soviet nuclear attack on the U.S.) information on the draft environmental im Wednesday, November 5, 1975 "-All costs of operating the bases be paid pact statement on the Concorde which the by the United States. FAA issued last March. As I pointed out in Mr. BONKER. Mr. Speaker, when "-The U.S. request Turkish permission my letter to you of October 22, even such Congress finally agreed to resume arms before installing new equipment at the sophisticated observers as the editorial shipments to Turkey, even those of us bases. board of the Washington Post read that who dissented were hopeful that our "The Istanbul newspaper Hurriyet said draft statement and drew from it the con compromising might begin a process of Turkey gave Washington a week's deadline clusion that: conciliation that would heal relations to reply to the proposals." "As best we can make out from the data available the Concorde makes slightly less between our two countries and spark noise landing than do some of the 707s and progress on Cyprus. In both instances, DG-8s now flying [and only] slightly more our hopes have been disappointed. FROM GARDENING TO CANNING noise than those planes make taking off ...." Al though more than a year has passed A NATURAL PROCESS Post, April 24, 1975. negotiations remain at an impasse. The Sir David Nicholson's statement--and the plight of tens of thousands of dislocated consequent final collapse of the pretense Greek Cypriots is still tragic. It has be HON. GEORGE E. BROWN, JR. that the Concorde makes only "slightly more come apparent that this situation will not OF CALIFORNIA noise than" the worst of the subsonic jets solve itself-and that, as the two sides IN THE HOUSE OF REPRESENTATIVES underscores once again the need to recircu - become more disaffected and antagonis late a revised draft impact statement for fur Wednesday, November 5, 1975 ther comments before you Teach any deci tic, it in fact may only deteriorate. sion on the Concorde, as I've urged in pre What truly adds insult to injury is the Mr. BROWN of California. Mr. Speak vious letters dated May 6, October 22 and price Turkey is now demanding for the er, for some time now I have held the October 28. return of our bases and monitoring sta position that one of the most trouble That procedure should not, incidentally, tions. It must be remembered that the some aspects of our highly technological, be time-consuming, and it is not urged for original seizure was questionable enough. fast-paced society is the resulting lack purposes of delay. Assuming that the revised There was no due process or compensa of self-sufficiency experienced by our ur impact statement which was reportedly sent in to you last month ls itself adequa.~a. point tion, and in any case Turkey admits to ban citizens. This factor serves to on which I can only speculate-it could be being provoked only by our trying to en crease worry and tension over one's fu :i:eleased tomorrow with a comment period of force the law. Now Turkey is insisting not ture security, while in clouds and clarity 35~28 EXTENSIONS OF REMARKS November 5, 1975 of man's dependence on nature for food At UCR, the boom has been reflected in residents to a meeting to discuss important and other life-giving requirements. the success of student gardening projects on things like opera.ting policy or use of tenants' university land and in a marked increase in representative groups, we now get 60 to a For this reason, I began a home gar requests to Cooperative Extension and cam meeting if it's a.bout the garden." dening project in my district last year pus office~ for gardening information. The Members of the housing staff helped with which provided free seeds and gardening requests have placed impossible demands on the garden installation and gave personal instructions to anyone interested. I felt crop specialists, according to the proposal. time to preparation of the land, which has that gardening was one way to encourage As a result, staff at the new nutrition cen resulted in less of a. tenant-landlord wall. greater appreciation for the intricate ter will now be able to handle public demand. Most striking, Leonard reports has been the ecosystem that somehow provides us with In addition, a two-acre home gardening proj responsiveness of the Chinese to the garden; ect is being developed by the Citrus Research they were the first to sign up and draw plots. the medium to feed and clothe ourselves. Center at UCR for demonstrations and study Many lmmigrated here within the past 20 The response to my off er was extensive of planting, maintenance and variety of yea.rs and do not speak English. Because of and gratifying, so I decided to continue crops. the garden, the Chinese residents in the a.rea the program with a project which would The canning facility will contain equip are now taking a. greater part in all activities add yet another segment to my effort to ment for washing, peeling, coring, cutting, in the housing project and have taught their encourage self-sufficiency--,a small, com blanching and preparing fruits and vege gardening techniques to others. munity cannery. This cannery, which has tables for jars. Minimal cost to the consumer UC Extension's Gips and Tecklenburg su will cover glassware, lids and necessary pre pervise the plantings each day, and Gips now been approved and funded by the serving ingredients. says, "The Chinese introduced many of their Community Services Administration, will The Ball Corporation will supply a two ethnic vegetables and have shown others provide a place where low-income fami unit system capable of canning from 400 to how to use them ... things like Bok Toy, lies can prepare their freshly grown 1,600 quarts a day, utilizing eight pressure yard-long beans, winter melon and bitter vegetables for canning at minimal cost. cookers, jar sterilizers, atmospheric cookers, melon. They use trellising a lot, with vine Classes in home food preservation and steam-jacketed kettles, juicers, cooling tanks, crops growing overhead and other plants nutrition will also be offered at the same a hot water heater and an exhaust fan. below. With this method of shading they It is expected to eliminate both the ex have shown us how to grow things in the center, with the help of the Riverside pense families would incur to operate their valley heat that otherwise would 'bolt' or go University of California Cooperative Ex own home canning systems and the health to seed too soon. tension. hazards they face in tackling a process that "Also," he says, "they have shown how to Hopefully, projects of this nature-and requires very sanitary conditions. use this shading to seed transplants and there are similar ones all over the coun..; Depending on the success of the first year's gradually bring them out into full sun. try-will challenge the past acceptance program, plans call for continuation of the They've had three crops this summer where of an infringing mechanical society by nutrition center through a second and third others have had only one." year at a cost of about $40,000 each year. The older adults in the area, Tecklenburg reminding people of some of the ways oanntng operations would run from June notes, have many skills, including gardening, they can influence their own existence. through November, the peak harvesting but previously had little opportunity to share I would like to think so. months. them. I am including two articles on this Eunice Willlamson, a nutritionist with the "They and the kids finally have something subject of home gardens and my district Cooperative Extension of Riverside County, to talk about in their garden and have begun cannery for the information and inter will serve as program coordinator. to know each other as people. Many older est of my colleagues: residents had tried to plant flowers or vege tables next to their houses only to see them COMMUNITY CANNERY Is PLANNED FOR Goon GARDENS GROW GOOD NEIGHBORS pulled up or trampled, and had given up." EARLY 1976 Good things are happening in the River The garden grew from a proposal by Gips RrvERsmE.-A community nutrition cen Oaks Housing Project in California's Capitol and Tecklenburg to the county welfare de ter for Riverside and San Bernardino coun City of Sacramento. partment in January, 1975. For Terry Gips, a ties---complete with low-cost cannery for Residents from this and two other projects graduate of Claremont College who had preserving fruits and vegetables-ls expected in an eight-block radius have been brought worked in community action in Chicago, and to open early next year under the direction together through a community "survival" Lee Tecklenburg, a UC Davis political science of the University of California Cooperative garden. graduate and member of a Lodi farming fam Extension. · Even though many of them don't speak the ily, the idea. of using gardening to bring peo Designed as a service to home gardeners, same language, Chinese, Chicanos, blacks, In ple together was a "turn on." The Sacra particularly those from disadvantaged fam dians and whites-including children and mento Unified School District agreed to lend llies, the program was assured by a $53,000 s.enior citizens-are communicating with the fenced, two-acre site, and the Sacramento federal grant from the Community Services smiles, helpful hands and shared advice on County board of supervisors provided $10,000 Administration. how to garden and how to cook what those for a pilot project through UC's Cooperative In addition to the cannery, the center will gardens produce. Because most are on re Extension officP-. These funds were used to offer special classes in home food preservation stricted incomes and concerned with rising till the site, install water lines, purchase seed, and nutrition and will distribute informa food prices, they are finding that communi tools and other materials, and pay some sal tion on home gardening to those who re cation is not so difficult. ary costs. quest it. A community outreach program will Two young men, Terry Gips and Lee With the success of the River Oaks garden, include visits to low-income families. Tecklenburg, are responsible for developing the county board of supervisors has since Lowell Lewis, associate dean for research at the garden program. They work out of the provided an additional $40,000 to carry on UC Riverside, said that although a site has Sacramento County office of University of the gardening until next July on at least five not yet been chosen, it is hoped that the California. Cooperative Extension as staff as new sites. Already, 27 community groups, abandoned University Heights Junior High sistants in Extensio!l's Expanded Nutrition organizations and neighborhood councils School on University Avenue in Riverside Education Program (ENEP). have shown interest, either in helping with could be acquired for such a purpose. But what happens when people in these such gardens, or in establishing them in "It's located in a low-income population low-income neighborhoods begin to know their areas. Inquiries have even come from area, near people who could best benefit from each other and share experiences? industrial firms looking for gardens their such a project," he said. "In these times, Pete Leonard, assistant manager of the employees could work during lunch breaks. a. lot of people are having problems making River Oaks Housing Project, says there have The River Oaks gardeners are now finish their food budgets bahmce." been "significant, positive changes in the ing up full harvests of squash, tomatoes, to Lewis said that although some 20 states way the residents relate to each other and matlllos, beans, peppers, pumpkins, to name employ similar community canning opera to project staff. a few, and have already begun working win tions, California has just two functioning "We can't say the gardens have been the ter crops. Thousands of pounds of money canneries-both in the San Joaquin Valley, whole cause, but the number of broken win saving food have come out of the 151 family both unsuited for low-volume oa.nning re dows-most resulting from rock throwing plots, each 16 by 18 feet, and out of the 90 quests. dropped from 113 a year a.go to 69 for the youth plots, each 6 by 6 feet. The proposal for federal funding of the summer period. There's been a 20 percent re How important the garden ls in providing project cited a recent boom in gardening duction in malicious-mischief police calls a sense of responslbillty and a feeling of be interest as justification for the nutrition and five percent fewer fire calls. The Jede longing ls pointed out by Housing Manager center. diah Smith Elementary School next door re Leona.rd: "We had one boy get into some "Both the recession and inflationary costs ports its vandalism ce,sts for this period outside trouble, and when the police came of food have stimulated a home gardening dropped to $156 from three times that last to take him to juvenile hall, all he asked for movement in the area, compara..ble to that of year." was a little more time . . . he had to find World War II era, when most people had "Furthermore," Leonard adds, "where somebody to take care of his garden until he victory gardens,'' the proposal stated. we're used to getting only !our or a. dozen got back." November 5, 1975 EXTENSIONS OF REMARKS FARMERS HOME ADMINISTRATION is lower than the selling price, the seller The effects of this resolution progress cannot complete the purchases. If the ing any further in the United Nations time was shortened between the original may be severe, and may spell the end of HON. PIERRE S. (PETE) du PONT agreement and appraisal, much hard the 30-year history of the United Na OF DELAWARE ship could be spared. tions. The eyes of the world will be f o IN THE HOUSE OF REPRESENTATIVES If we in Congress often wonder why cused on the United Nations and will be rural residents are reluctant to partici looking for the voices of reason to pre Wednesday, November 5, 1975 pate in Federal programs, we can look at vail. 'Mr. nu PONT. Mr. Speaker, recently, the present operation of Farmers Home the agricultural appropriation passed Administration. I am hoping that this the House by a resounding majority. personnel increase will help make this JOBS FOR SENIOR CITIZENS This bill contained one provision that agency a viable vehicle for helping to has special impact to the rural residents meet the housing needs of our rural resi of Delaware. It is the provision provid dents. ing funds for additional employees for HON. BURT L. TALCOTT the Farmers Home Administration. OF CALIFORNIA For several months, my office has been ANTI-ISRAEL CAMPAIGN THREAT IN THE HOUSE OF REPRESENTATIVES working with both the Farmers Home ENS UNITED NATIONS INTEGRI Wednesday, November 5, 1975 Administration and the General Ac TY AND FUTURE counting Office to overcome the weak Mr. TALCOTT. Mr. Speaker, through nesses presently plaguing the FmHA's HON. MARIO BIAGGI out the Nation, our senior citizens often home mortgage program in Delaware. face the extremes of inflation, employ Our findings revealed that without ad OF NEW YORK ment, and other socioeconomic problems. ditional personnel the situation cannot IN THE HOUSE OF REPRESENTATIVES The fallowing article appeared in Era, significantly improve. So I was gratified Wednesday, November 5, 1975 published by the California Office on that this bill will provide an additional Aging, October 1975. It describes how a Mr. BIAGGI. Mr. Speaker, I and many dedicated senior in California's 16th Dis 1,100 county office workers. This person others in the Congress and Nation were nel increase is drastically needed. trict fought back. I think every commu shocked and angered by the recent reso nity should have a Marshall Cheney to The Congressional Research Service lution passed by the Third Committee of published data this spring that points see that our great reserves of senior tal the U.N. General Assembly which brand ents, experience, and dedication are fully out that rural home buyers cannot obtain ed Zionism "as a form of racism and as favorable mortgage terms as metro realized. racial discrimination." This brazen and The article follows: politan home buyers. They must pay irresponsible action casts new and defi higher interest rates, over shorter terms SANTA CRUZ SENIOR OPERATES SUCCESSFUL nite doubts about the continuing ability JOB PLACEMENT OFFICE than their urban dwellers. In Delaware, of the United Nations to operate in an Farmers Home Administration does not It you are over 40 and out of work in impartial and responsible manner. Santa Cruz County, things may not be as have the staff to effectively meet the While it is true that this resolution has bleak as you think-especially if you've got increasing demand for rural housing not been adopted by the full General Marshall Cheney on your side. mortgages. The No. 1 problem is the long Assembly it adds fuel to the anti-Israel In the past two years Cheney has helped delay that is experienced in processing of fires which have been raging throughout place more than 2,000 people-ranging in loan applications. Right now in Dela this year's session of the United Nations. age from 40 to 82-in either full- or part ware it is taking a minimum of 6 months time jobs. Earlier this year, it was feared that a Discouraged job-hunters who all to often to process an application and I have re bloc on non-aligned Third World nations ceived many calls for Delaware residents hear, " ... we don't hire senior citizens," would launch an all-out campaign to are sure not to hear this from Cheney. At with waits approaching 9 months before oust Israel from the world body. The age 77 Cheney is a great example of the approval. It still takes time after ap swift and strong opposition of the United abilities, persistence, and enthusiasm that proval before persons receive the money. States and other nations has effectively employers seek. The inconveniences and complications stalled this action. Born in Milwaukee, Wisconsin, Cheney that this causes are immense. We are In many ways this resolution is equally worked as a salesman for 30 years. Five years talking about people whose net income as dangerous for it again places the ago he started working as a volunteer under is below $11,000 a year. These people do Project Find, moving from there to a paid United Nations in the position of dis position with the Mid-County Senior Citi not have the luxury of waiting almost a criminating against one of its member zens Center in Capitola, where he was en year between when they agree to buy a nations, in direct conflict with its Char couraged to help seniors find employment. home and when they move in. ter. The Charter implores U.N. members A year later he was hired as the senior job The prospective buyers also face the "to practice tolerance and to live to placement specialist under the Santa Cruz problem of inadequate credit counseling gether in peace with one another as good County social services department. and the lack of servicing of the mort neighbors and to unite our strength to Cheney and his secretary, 66-year-old Pa gages to prevent delinquencies. They tricia Berninghausen, work with applicants maintain international peace and secu and employers eight hours per day, five also face the problem of their own hous rity. This resolution can be interpreted days a week, from an office on the mez ing during the delays of the settlements. in no other way but as a devisive and zanine floor of the Palomar Hotel in Santa The sellers of homes under the FmHA inflammatory action which can only Cruz. There is no charge for their service. rural housing program encounter diffi serve to reignite adversities in the Middle This dedicated team often receive calls culties with this long delay. Beyond the East and promote new polarization from other cities, from concerned relatives obvious one of waiting longer for their among U.N. members. and friends of older people living in Santa money, they are burdened by secondary Cruz. They also receive requests from agen If this resolution is passed by the full cies and groups interested in setting up a problems. One seller contacted me this General Assembly I firmly believe that successful senior placement office-and week very disconcerted by the fact that the United States must undertake an ex Cheney is always happy to share his experi the buyer was backing out of the agree tensive review of its present financial and ence. ment since the interest rate had gone political commitment to the U.N. To Recently the county board of supervisors up from 8% percent in May to the pres characterize Zionism in such banal fash presented Cheney with a plaque and a com ent 9 percent. Since this rise in interest ion is to disgracefully slander one of the mendation for his work. He has also re rates causes the sales contract to be in proudest and most important social and ceived hundreds of letters from apprecia valid, the seller has lost 6 months of tive clients. One of his favorites reads, "It cultural movements in the world. In the more cities and towns had such a good em market time, while he was paying dou words of Prime Minister Allon: ployment service as yours, I am sure a lot ble mortgages. Another problem faced Whatever the Assembly may resolve, it more senior citizens would be able to live is the delay in obtaining appraisal fig cannot possibly damage Zionism as an idea happier lives . .." ures. Since, in many instances, the Farm as a movement as the modern expression of Anyone interested in learning more about ers Home Administration appraisal value the ancient Jewish heritage. this successful service is invited to write EXTENSIONS OF REMARKS November 5, 1975 to Marshall Cheney, Palomar Inn, Room writing to their representatives asking them Press." We find that one of t he corporate 106, 1344 Pacific Avenue, Santa Cruz' 95060. to support H.R. 50, which is aimed to widen officers who appeared on that program was ing the dimension of social justice. We Arthur M. Wood, the Chairman of the Board should bear in mind Jefferson's wise obser of Sears, Roebuck and Company, which com vation that democracy does not work, unless pany is one of the largest buyers of merchan THE FULL EMPLOYMENT ACT the people who believe in it make it work. dise of an kinds in the world. He alone, on that panel of businessmen, suggested that some of the antitrust laws inhibit free com petition today, and in that connection, he HON. AUGUSTUS F. HAWKINS STATEMENT OF HON. WRIGHT PAT stated that he wants to see a review of the OF CALIFORNIA Robinson-Patman Act because he alleged MAN BEFORE SPECIAL SMALL that a careful review of the antitrust laws is IN THE HOUSE OF REPRESENTATIVES BUSINESS SUBCOMMITTEE ON in order. (See the printed record of NBC's Wednesday, November 5, 1975 ANTITRUST, ENFORCEMENT OF program, "Meet the Press," of April 20, 1975, ROBINSON-PATMAN ACT issued by Merkle Press, Inc., Washington, Mr. HAWKINS. Mr. Speaker, the D.C.) widely read and respected Chicago news Now, why would Sears, Roebuck and Com paper, the Chicago Daily Defender, has HON. JOE L. EVINS pany be calling for such action? Some of us recently published a most supportive who have investigated the purchasing prac editorial of the bill of which HENRY REUSS OF TENNESSEE tices of Sears, Roebuck and of other large and I are the principal cosponsors: H.R. IN THE HOUSE OF REPRESENTATIVES buyers of merchandise have reason to believe Wednesday, November 5, 1975 that we have a clue to the answer to that 50-the Equal OpPortunity and Full Em question. ployment Act. The editorial is represent Mr. EVINS of Tennessee. Mr. Speaker, My Colleagues, when I mentioned a clue ative of a swelling array of H.R. 50 sup a special ad hoc subcommittee of the in that regard, I refer to matters investi porters who firmly believe that every House Small Business Committee under gated by a Special Investigating Subcom America.n able and willing to work has the .chairmanship of our colleague, Rep mittee of which I had the honor of being the right to full employment and should resentative HENRY GONZALEZ, of Texas, is the Chairman in 1935. At that time, a Court be guaranteed a job at fair and equitable conducting a series of hearings on anti set aside an Order of the Federal Trade Com - rates of compensation. There are pres mission which was designed to enjoin Sears, trust, the Robinson-Patman Act and Roebuck from continuing its practice of ently 109 COSPonsors of this legislation in related matters a.s they affect small busi using its enormous buying power to compel the House and about 6 cosponsors of the ness. preferential treatment from suppliers of Senate version of the bill introduced by These hearings were prompted by tires. The facts had been established that Senator HUBERT HUMPHREY. many requests from small business or Sears had, in that regard, secured extremely Mr. Speaker, I would like to submit for ganizations throughout the country, sug great preferential treatment not accorded to the RECORD the complete text of this per gesting that some attorneys in the Anti its competitors. Some of this preferential suasively written and very timely edi trust Division of the U.S. Department of treatment took the form of large re_bates t o torial. The text is a.s follows: taling amounts of mllllons of dollars. Justice have advocated repeal of the Sears, Roebuck and Company defended its [From the Chica.go Daily Defender] Robinson-Patman Act, known a.s the practice as not being violative of the Clayton FuLL EMPLOYMENT ACT Magna Carta of Small Business. Antitrust Act, as it was then in effect and Probably the most perceptive and un In the course of the hearings before before the Clayton Act was amended later, doubtedly the most significant proposal yet this subcommittee, the distinguished because the law at that time provided for made by a member of Congress is the House dean of the Congress, the gentleman preferential treatment based upon quantity. bill, H.R. 50 which stresses full employment from Texas, Mr. PATMAN, who is one of Of course, Sea.rs, Roebuck was able to and as a viable alternative to the nation's eco the authors of the Robinson-Patman Act, did, in fact, buy merchandise in such very nomic ms. Sponsored by Rep. Augustus F. large quantities as were far beyond the reach Hawkins, under the title of "Equal Oppor was the leadoff witness, testifying in sup and ability of other merchants, both large tunity and Full Employment Act," the meas port of enforcement of the law. As you and small, throughout the entire country. ure guarantees a job to every adult American know, the gentleman from Texas is with The Court (see 93 F. 2d 677 C.C.A. 6th, who is able and willing to work. out equal as a champion of small business later reversed on other grounds after pas There are other beneficial features of the and the American free enterprise sys sage of the Robinson-Patman Act, see 304 bill. But the full employment provision is its tem. U.S. 257) agreed with the contention of overriding aspect at a time when the eco In this connection and because of the Sears, Roebuck and set aside the Order of nomic strain beclouds the hopes of the poor interest of my colleagues and the Ameri the Federal Trade Commission. Almost im and the disadvantaged. If enacted into 1aw, mediately thereafter, the Congress enacted the Hawkins proposal would have a salutary can people in this important matter, I the Robinson-Patman Act, thereby amend impact upon the struct ural framework of the place in the RECORD herewith a copy of ing the Clayton Antitrust Act so as not t o national economy. the statement made by Representative permit c,uch preferential treatment and in The bill's ultimate objective is impres PATMAN to the subcommittee. vidious distinctions on the basis of quantity sively consistent with the supposition of The statement follows: purchased, unless the differential involved in practical economists like Prof. John Kenneth STATEMENT OF HON. WRIGHT PATMAN the preferential treatment could be justified Galbraith, just retired from Harvard, that Mr. Chairman and Members of the Ad Hoc on the basis of differences in the cost of the drooping economy can recover its vitality Subcommittee on Antitrust, the Robinson manufacture, sale or delivery resulting from by putt ing people to work on public jobs. Patman Act and Related Matters of the the differing methods of quantities in which Though President Ford continues to seek House Small Business Committee. such commodities are to such purchasers shelter in the utterly indefensible theory It has been said that "Admission is good sold or delivered. that full employment now will not alter the for the soul." That being true, I am con Now, since Sears, Roebuck issued its call momentum of the recession, he is lending strained to admit that I appear here today for a careful review of the antitrust laws, ears to false assumptions. His prophecy is with mixed feelings. Of course, it is a pleasure including the Robinson-Patman Act, it has reminiscent of the Herbert Hoover vision to appear before this group of distinguished attract ed some allies and picked up certain which led him to ask the starving American colleagues of mine which compose this im friends who have joined it in efforts to people during the bleak days of the 1930's portant Subcommittee, a portion of whose weaken and emasculate the Robinson-Pat depression to be patienrt, for prosperity was designation includes my name. And, cer man Act or even repeal this much-needed just around the corner. But around the cor tainly, I am highly pleased to testify at this law. Some of these friends hold high office ner was nothing but grass, which wasn't hearing of a subcommittee of a committee in the Antitrust Division of the Department green enough to be ea,ten. of Congress, the origin of which stems from of Justice. Another is a member of the Coun It is in order to prevent a repertition of the the prior Select Committee on Small Busi cil of Economic Advisors and I now will morbid experience of that tragic era that ness, of which I had the honor to be its quote what he said about the antitrust laws: Congressman Hawkins introduced his full first Chairman. "The Sherman Act may be understandable employment bill. It has the salvaging fea Why are we here today? Is it because of the when viewed as a projection of the nine tures of the Nation.a.I Re
THINKING LIKE A MOUNTAIN by too many deer may fall of replacement in sive hearings before this subcommittee, (By Aldo Leopold) as many decades. beginning at the end of this week. So also with cows. The cowman who cleaI1S A deep chesty bawl echoes from rim.rock The Congressional Research Service of his range of wolves does not realize that he the Library of Congress prepared a very to rim.rock, rolls down the mountain, and is taking over the wolf's job of trlm1mng the fades into the far blackness of the night. herd to fit the range. He has not learned thorough overview document to the En It ls an outburst of wild defiant sorrow, and to think like a mountain. Hence we have vironment and Atmosphere Subcommit of contempt for all the adversities of the dustbowls, and rivers washing the future tee, which will be published later this world. into the sea. week, which I believe sets the stage for Every living thing (and perhaps many a We all strive for safety, prosperity, com dead one as well) pays heed to that call. To extensive further congressional investi fort, long life, and dullness. The deer strives gations. The CRS report, "Low-Level, the deer it ls a reminder of the way of all with his supple legs, the cowman with trap flesh, to the pine a forecast of midnight Chronic Pollutants in the Environment,'' and poison, the statesman with pen, the was prepared by the Environmental Pol scuffles and of blood upon the snow, to the most of us with machines, votes, and dol coyote a promise of gleanings to come, to the lars, but it all comes to the same thing: icy Division, with major contributions cowman a threat of red ink at the bank, to Peace in our time. A measure of success in from the American Law Division and the the hunter a challenge of fang against bul this is all well enough, and perhaps ls a Science Policy Research Division. let. Yet behind these obvious and immediate hopes and fears there lies a deeper meaning, requisite to objective thlnklng, but too much Because of the significance of this is known only to the mountain itself. Only the safety seems to yield only danger in the long sue, and the obvious interest of Members mountain has lived long enough to listen run. Perhaps this ls behind Thoreau's dic and staff, as demonstrated by the inter objectively to the howl of a wolf. tum: In wildness ls the salvation of the est in the CBS news special, "The Ameri Those unable to decipher the hidden world. Perhaps this ls the hidden meaning in can Way of Cancer," I would like to out meaning know nevertheless that ls there, the howl of the wolf, long known among line the major points that were presented for it ls felt in all wolf country, and dis mountains, but seldom perceived among men. in the CRS study. tinguishes that country from all other land. In the case of health effects, the CRS It tingles in the spine of all who hear wolves study found: by night, or who scan their tracks by day. HEARINGS HELD ON THE COSTS Even without sight or sound of wolf, it is (1) With control of major infectious dis implicit in a hundred small events: the mid AND EFFECTS OF CHRONIC, LOW eases nearly complete, chronic pollution in night whinny of a pack horse, the rattle of LEVEL POLLUTION duced damage to human health has become rolling rocks, the bound of a fleeing deer, one of our most serious medical problems. tl:...e way shadows lie under the spruces. Only There is general recognition, for instance, the ineducable tyro can fall to sense the HON. GEORGE E. BROWN, JR. that the great majority of all human cancer presence or absence of wolves, or the fact OF CALIFORNIA is triggered by exposure to hazardous sub that mountains have a secret opinion about IN THE HOUSE OF REPRESENTATIVES stances in the environment. them. (2) Our ab111ties even to correctly diagnose My own conviction on this score dates from Wednesday, November 5, 1975 chemically induced health effects are so lim the day I saw a wolf die. We were eating Mr. BROWN of California. Mr. ited that we probably only recognize a small lunch on a high rim.rock, at the foot of Speaker, there has been considerable portion of the damage. The study quoted which a turbulent river elbowed its way. We Nobel Laureate Joshua Lederberg's observa saw what we thought was a doe fording the interest in the press, within the scientific tion that "if the malformation induced by torrent, her breast awash in white water. community, on television, and in the thalidomide were a mental retardation of 10 When she climbed the bank toward us and public at large, on the costs and effects percent of I.Q. instead of a highly character shook her tall, we realized our error: it was of chronic, low levels of pollution upon istic and unusual deformation of the limbs, a wolf. A half-dozen others, evidently grown agriculture, climate, plant and animal, in an equal number of subjects, we would be pups, sprang from the willows and all joined and especially human life. Part of this unaware of it to this day." in a welcoming melee of wagging taus and interest and concern is generated by the (3) The costs to society of environmental playful maulings. What was literally a pile fact that people are seeing the effects of pollutant linked disease are staggering. The of wolves writhed and tumbled in the centre costs of cancer alone are estimated at 11 of an open flat at the foot of our rimrock. such pollution themselves as their local billion dollars per year, of which 70 to 90 per In those days we had never heard of pass plant and animal life changes, and seeing cent may be pollutant related. But cancer ing up a chance to kill a wolf. In a second we friends or family members suffer from just happens to be relatively easily recog were pumping lead into the pack, but with some disease which is caused by environ nized; there may be chronic respiratory and more excitement than accuracy: how to aim mental pollution. neurological effects, as well as genetic lesions, a steep downhill shot ls always confusing. Some of this exposure to pollutants is with even greater economic costs. When our rifles were empty, the old wolf in the workplace, some of it is in the food, ( 4) Our current testing methods, while was down, and a pup was dragging a leg into often arduous and expensive, are not suffi impassable slide-rocks. some of it is in the air and water we must ciently sensitive to detect effects of agents We reached the old wolf in time to watch all use. The existing Federal and State which might cause as many as hundreds of a fierce green fire dying in her eyes. I realized laws and regulations do not completely deaths annually, or even far greater numbers then, and have known ever since, that there protect us from· these pollutants, even of sub-lethal debllitatlng effects or future was something new to me in those eyes- in theory, but if they were adequate au genetic harm. something known only to her and to the thority for regulatory action, the state ( 5) The significance and costs of environ mountain. I was young then, and full of trig of the knowledge for most pollutants is, mental pollutant caused disease has not been ger-itch; I thought that because fewer in general, inadequate for making indis reflected in Federal research emphasis. Only wolves meant more deer that no wolves about 10% of the budget of the National can would mean a hunter's paradise. But after putable enforcement decisions. cer program has gone into environmental seeing the green fire die, I sensed that The consequences of this lack of chemical carcinogenesis, despite consensus neither the wolf nor the mountain agreed knowledge usually results in continued on this as a causal factor. with such a view. exposure to a substance which is harm (6) Because the effects of chronic pol Since then I have lived to see state after ful, but we do not yet know how harmful, lutant induced health damage are so different state extirpate its wolves. I have watched and we wait for more "data" which usu from the acute problems of infectious disease the face of many a newly wolfless mountain, ally means more "damage." and injury with which we are more familiar, and seen the south-facing slopes wrinkle with traditional legal concepts of showing cause a maze of new deer trails. I have seen every The Federal Government, which has and effect are proving inapplicable to the bush and seedling browsed, first to anaemic assumed the responsibility for and pro justification of standard setting in the desuetude, and to death. I have seen every vided the major resources for research chronic exposure domain. The legal a.nd sci edible tree defoliated to the height of a on this subject, has not organized or entific controversy over the Reserve Mining saddlehorn. Such a mountain looks as if funded that research to gain the neces case and the case of Ethyl Corporation vs. someone had given God a new pruning sary information for effective decision EPA (phase out of lead in gasoline) show shears, and forbidden Him all other exercise. making. The general issue of the costs that a better match is needed between the In the end the starved ··ones of the hoped and effects of chronic exposure to low nature of research results in chronic for deer herd, dead of its own too-much, pollution effects, and standard setting bleach with the bones of the dead sage, or levels of pollutants, and the related prob methodology. moulder under the high-lined junipers. lems of testing, monitoring, standard I now suspect that just as a deer herd setting, resource allocation, and envi In the areas of agriculture and ecologi lives in mortal fear of its wolves, so does ronmental management, have been the cal effects, the CRS study found: a mountain llve in mortal fear of its deer. subject of investigations by the Environ (1) Despite the tremendous economic and And perhaps with better cause, for while a ment and the Atmosphere Subcommittee human value of our agriculture production buck pulled down by wolves can be replaced of the Committee on Science and Tech we have made very little progress in under in twa or three years, a range pulled down nology, and will be the subject of exten- standing how to measure pollution damage to 35244 EXTENSIONS OF REMARKS November 5, 1975 agriculture yields. The study noted that quires more coordination and care than has ice, USDA. Accompanied by: Dr. Howard Heg "although air pollution problems have been needed for acute levels of pollution. gestad, Dr. Walter W. Heck, Dr. Donald D. changed from local visible is.sues to that of · (2) The a.mount of research in these areas Kricek. an invisible plague, the means of identifying ought to more nearly correspond to the po Dr. 0. C. Taylor, University of California., air pollution damage had not changed sig tential costs of chronic pollution effects. Riverside, Ca. nificantly over the past 5 decades." These are only vaguely known, but appear Dr. William J. Manning, Suburban Ex (2) Even with our very minimal ability to to be on a. scale which would indicate a. periment Station, University of Massachu measure chronic pollution damage to plant much greater relative emphasis in the Fed setts. growth, the study points out that there are eral health and environmental programs. Re Dr. Stanley R. Euarbex. Accompanied by: still many cases where it is clear that injury search ought to be addressed, in fact, to de Dr. John Hansen, Dr. Pa.trick Coyne, Dr. occurs "at levels far below existing sec termining the true costs so that we could Lee Eberhardt. ondary standards." As just one example, ex better judge how critical the problem is and Thursday, November 13-10:00 a..m., 2325 posure of alfalfa to 802 concentrations al how regulatory actions can be best balanced RHOB: Climate-- lowed by secondary standards can result in against economic and other societal values. Dr. Edward S. Epstein, Assistant Admin leaf injury ranging to nearly 20 percent. The (3) New approaches to detecting and pre istrator, Environmental Monitoring and Pre researchers noted in conclusion that "the dicting health effects are urgently needed to diction, NOAA. range of damages a.t various combinations of intelUgently manage chronic pollutants. Epi Dr. James McQuigg, Director, Center for pollutants raises a serious question as to demiological and health survey studies may Climatic and Environmental Assessment, the adequacy of secondary standards." need to be expanded relative to traditional NOAA (Columbia., Missouri). (3) Both agricultural and ecological dam laboratory approaches. Dr. Joseph Knox, Division Leader, Atmos age now extends far beyond the areas where ( 4) Ecological research, and especially well pheric and Geophysics Division, Livermore polluting activities are concentrated, and coordinated monitoring to establish base Laboratory, Livermore, California.. many pollutants have significant global dis lines and trends of pollutants and ecological Friday, November 14-10:00 a.m., 2325 tribution. health, a.re very urgently needed. A first RHOB: Wea.ther-Wildllfe-Water- (4) We have, in this country, no coherent step will be to designate responsibility for Dr. Helmut Landsberg, Acting Director, system of monitoring general ecological ef development of a coordinated program us Institute for Fluid Dyna.mies and Applied fects of chronic pollution. For instance, de ing all the resources ava.lla.ble in Federal, Ma.thematics, University of Maryland. spite world-wide recognition of the hazards State and local environmental authorities Dr. Lucille Stickel, Director of Environ of "acid rain" caused by chronic air pollution, as well as in academic and other private mental Studies, Pa.tuxent Research Center, the U.S. has "no organized and systematic institutions. U.S. Fish and Wildlife Service. or consistent way to monitor the changes that (5) Similar coordinated monitoring, and Dr. Robert Harris, Environmental Den occur in the chemistry of precipitation." This full participation in international, global fense Fund. compares with a. European system which has efforts, is needed in climate research. The Monday, November 17-10:00 a..m., 2325 been continuously operated since 1947, and potential adverse effects of inadvertent cli RHOB: Assessment--Need for Standa.rds- with a very extensive Swedish effort which mate modification a.re so great that a. very Dr. James McNesby, Chief, Office of Air has subjected about Ya of its total rainfall large research effort is easily justified. and Water Measurement, and Mr. Philip La run-off to regular chemical analysis for more The hearings begin Friday, November 7, fleur, Chief, Analytical Chemistry, National than ten yea.rs. and continue on the 10-14 and end on Bureau of Standards. (5) Not only is our ecological research and November 17. They will be held in the morn Dr. Paul Phelps, Division of Biology and monitoring in a. primitive state, but we have ings a.t 9 am Nov. 7, 11 & 12 and at 10 am Medicine, Livermore Laboratory, Livermore, not even ta.ken any administrative steps to Nov. 10, 13, 14, 17, and will be in 2325 Ray California. begin to remedy the situation. The responsi burn Office Bldg. bility for coordination and insurance of ade quate ecological research and baseline data. At this time I wish to insert into the ALTERNATIVES TO THE STEELJAW has not been accepted by, or assigned to, any RECORD the list of witnesses before the Federal agency. Though a. committee of the Subcommittee on Environment and the TRAP Council on Environmental Quality and the Atmosphere: Federal Council on Science and Technology SUBCOMMITTEE ON THE ENVIRONMENT AND THE reviewed Federal ecological research in 1973 ATMOSPHERE WITNESS LIST HON. GLENN M. ANDERSON and found serious deficiencies, the recom mendations for remedy have not been acted Hearings on costs and chronic effects of OF CALIFORNIA on. low-level pollutants. IN THE HOUSE OF REPRESENTATIVES Friday, November 7-9:00 a..m., -2325 In the case of climate, the CRS study RHOB: Cost Ana.lysis-Health- Wednesday, November 5, 1975 found: Mr. John A. Busterud, Member, The Coun Mr. ANDERSON of California. Mr. (1) We a.re becoming more aware that sub cil on Environmental Quality. Speaker, there are several trapping stantial climate change can be much more Dr. Lester B. Lave, Professor and Chair devices readily available which I believe rapid than has sometimes been supposed. man, Department of Economics, Graduate School of Industrial Administration, Car to be acceptable, effective substitutes for This, coupled with the recently observed the cruel steeljaw leghold trap. In light sensitivity of world food supply to the negie-Mellon University, Pittsburgh, Penn weather in key producing areas, makes the sylvania. of the upcoming November 17 and 18 assessment of ma.n's role in perturbing cli Dr. James Liverman, Assistant Adminis hearings on legislation I introduced mate an urgent need. trator for Environment and Safety, Energy (H.R. 66), which would discourage the (2) Though the data gathering effort so far Research and Development Administration use of such traps; I would like to pro has been minima.I, evidence already indicates Accompanied by: Dr. Chester R. Richmond, vide for the RECORD a description of the that the pollutants of cities, and the changes Dr. John B. Storer, Dr. Alvin M. Weinberg, various alternative devices to the leghold of surface properties of the earth caused by Dr. James V. Neel, Dr. Warren Sinclair. Monday, November 10--10:00 a. .m., 2325 traps. ma.n's activities, definitely affect climate in The following is an excerpt from Facts regions surrounding urban settlements. RHOB: Health- (3) Because of the difficulty in distin Dr. Roy Albert, Acting Deputy Assistant About Furs, a publication of the Animal guishing man-made change from natural Administrator for Health and Biological Ef Welfare Institute. It provides us with a cycles, we are unable to judge with current fects, Environmental Protection Agency. detailed description of two alternative monitoring efforts the role of human activity Dr. Edward J. Burger, Jr., Member, Staff trapping devices-quick-killing traps in causing the current world-wide cooling of the Science Advisor to the President and and cage traps, which are used exten trend. Science and Technology Polley Office, Na sively in foreign countries: (4) Considering the immense stakes in tional Science Foundation. Tuesday, November 11-9:00 a.m., 2325 OTHER MEANS OF TAKING THE WILD volved in any gambles on inadvertent cli F'uRBEARERS mate modification, full support by the U.S. RHOB: Health Epidemiology- of global monitoring and baseline measure Dr. David F. Rall, Director, National Insti QUICK-KILLING TRAPS ment should be given high priority. tute of Environmental Health Science and In determining whether a. k11ler trap is Chairman HEW Committee to Coordinate acceptable as a. substitute for the cruel leg The CRS study clearly identified a Toxicology and Related Programs. Accom hold trap, it is necessary to decide upon number of research issues: panied by: Dr. Morris Crammer, Dr. John some practical criterion of humaneness, ( 1) A key to many aspects of better under Finklea., Dr. Marvin Schneiderman, Dr. Rob e.g. 90 animals killed rapidly and humanely standing of chronic pollution effects will be ert N. Hoover. per 100 a.nlm.als caught. The break-back better coordination and organization of Fed Dr. Marvin S. Lege.tor, Professor, Brown mouse trap is known to everyone. It presents eral environmental research and develop University and the Miriam Hospital, Provi no difficulty to the setter and usually, though ment, and better coordination of the Federal dence, Rhode Island. not always, achieves a quick kill. For animals program With State, local and regional ef Wednesday, November 12-9:00 a..m., 2325 up to the size of a. rabbit, a killer trap can forts. The chronic effects are often diffuse RHOB: Agriculture and Ecology- be one that ls fairly light and easily manip and, while serious, not necessarily dramatic. Dr. Ralph J. McCracken, Associate Admin ulated. For the larger tu.rbearers, killer The study of low-level pollutants, then, re- istrator of the Agricultural Research Serv- traps must, of necessity, be strong, dangerous November 5, 1975 EXTENSIONS OF REMARKS 35245 instruments, since they have to give the cessfully used to control beaver and muskrat etc., and have been used increasingly in Brit animal a lethal blow. They must, therefore, damage. This trap ls dangerous to children ain since the abolition of the old leg-hold be carefully set and placed in order to and domestic animals when set on land, and trap. These animals a.re killed in the same a.void accidents to human beings and for this reason its use ls prohibited in some way as squirrels. domestic animals. This fa.ct, and their weight heavily populated parts of the U.S.A. Its Escaped mink. British cage traps a.re larger and cost, a.re their great disadvantages. For use is not restricted in Canada.. than those used in North America; they are the smaller furbea.rers, killer traps could be Since 1963 the Canadian Association for set baited with fish. In recent years about used much more than they are. Humane Trapping has organized a. trap-ex 1,000 escaped mink have been ta.ken annually, mostly in cage traps, by officers of the Min BRITAIN change program. A trapper can exchange one leg-hold trap in good working order for one istry of Agriculture, but landowners and For many years the Royal Society for Pre Conibear. Three thousand traps have been farmers a.re now encouraged to take full re vention of Cruelty to Animals and the Uni thus exchanged. The Association recommends sponsibility for their own pest control. Mink versities Federation for Animal Welfare Conibear No. 120, which has a. double spring, are caught successfully all the year round (UFAW) struggled to end the widespread rather than No. 110. It has withdrawn No. 220 but particularly when they a.re young in late leg-hold trapping of rabbits in Britain. At from its exchange program, as its impact summer and autumn. The trapped mink are last, in 1954, the Ministry of Agriculture and energy and closing time are not as yet good shot. The skins have little value. the Department of Agriculture and Fisheries enough. It recommends No. 330. • for Scotland set up a Humane Traps Ad The Conibear trap is made by the Wood Mr. Speaker, these are but two exam visory Committee to select approved traps stream Corporation (formerly the Animal ples of alternative, humane trapping de to replace leg-hold traps. The Committee Trap Company of America), Lititz, Pennsyl vices used extensively in foreign coun examined the traps submitted to it by design vania., and Niagara Falls, Canada.; also by tries, and certainly ones that we should ers and carried out field trials on those Blake and Lamb, Inc., P. O. Box 218, Cam seriously consider. likely to catch humanely either by a. quick bridge, New York. It is advertised in current kill or a.live. Research was concentrated on trap catalogues. finding a trap to klll rabbits in burrows, The Wildlife Branch of the Manitoba. De because it had already become illegal, in 1939, partment of Mines and Natural Resources has NATIONAL WILDLIFE RANGES MUST to set leg-hold traps for rabbits except in drawings illustrating No. 330 Conibea.r sets rabbit holes. The most successful design was for beaver and No. 110 sets for weasel, mink, BE PRESERVED found to be based on a pair of arms striking and squirrel. These drawings have been en almost vertically so as to give the victim a. dorsed, with added suggestions, by the On lethal blow on- the head or neck and to tario Trappers Association. They can be ob HON. MORRIS K. UDALL hold it. tained from the Canadian Association for OF ARIZONA CANADA AND THE UNITED STATES OF AMERICA Humane Trapping, Box 934, Station F, IN THE HOUSE OF REPRESENTATIVES Toronto 6, Ontario. Instruction in the use The most satisfactory trap used 1s the Vic Wednesday, November 5, 1975 tor Conibea.r which was invented and devel of the Conibear ls now included in Canadian oped by Frank Conibear, a trapper in British Provincial trapper-training programs. Mr. UDALL. Mr. Speaker, the House Columbia, and came on the market in 1958. Since 1968 there has been in existence in will consider on Thursday, H.R. 5512, The Association for the Protection of Fur Canada. a. Humane Trap Development Com a bill to amend the National Wildlife bea.ring Animals first recognized the potential mittee composed of representatives of the Refuge System Administration Act. I of Conibea.r's work, and was supported by Canadian Federation of Humane Societies, the Canadian Association for Humane Trap other animal welfare organizations, govern urge my colleagues to support H.R. 5512 ping, the Vancouver SPCA, the British ment and industry. The Committee has the as reported by the Committee on Mer Columbia SPCA, and Erle Collier, a. trapper interest of a number of federal and provincial chant Marine and Fisheries and to op and writer, in assisting Mr. Conibea.r. It is a. departments and trappers' organizations, and pose any weakening amendments that vertical break-back trap which is triggered it is dependent on voluntary donations. New may be offered. off when an animal touches two wire research on the Conibear and other traps ls H.R. 5512 is needed to provide more whiskers. It has been described as working being carried out at McMaster University, Hamilton, in the Department of Mechanical secure protection to the units of the Na like an egg-beater. As the animal is caught, tional Wildlife Refuge System, which the trap tends to spring up, which has the Engineering. Workers at Guelph University humane advantage that it makes a lethal are continuing this mechanical study by test are located in all but one of the 50 States. blow to the head more likely. Because of the ing the effect of suitable traps in individual Many of our National Wildlife Refuges shape of the trap, it can have one, two, or species. The Hudson's Bay Co. has ma.de a were established by administrative ac occasionally, three striking surfaces, depend contributio::i towards the expense. In the tion or executive order. Under present ing on the position of the trapped animal. Spring of 1971, the Government of British law these refuges could be revoked, modi The Conibea.r No. 120, with a jaw spread Columbia announced that it would give $1,000 fied or transferred to other agencies by of 4Y " x 4Y:z" and a. double spring which toward the development of humane traps; 2 Alberta. has also contributed. the unilateral action of the executive increases the striking power, is satisfactory branch, without even consulting the for muskrat, but occasionally catches them CAGE TRAPS AND BASKET TRAPS Congress. too far back. In the opinion of a. British ex These are relatively humane if they are pert, it could be used for ta.king squirrel in frequently visited; otherwise they are inhu Just this kind of unilateral action was artificial tunnels. Mink, which a.re very quick mane, because many animals break teeth and taken by the Interior Department in and have strong neck and shoulder muscles, bones and lacerate themselves in their fran February 1975, in the case of three na a.re difficult to catch humanely in the Coni tic efforts to escape. tional wildlife ranges: the Kofa Range bea.r, and western mink a.re larger than In Canada. and the U.S.A., cage traps are in Arizona, the Charles Sheldon Ante ea.stern. little used except for catching beaver or other lope Range in Nevada and Oregon, and The Conibear No. 330, with a. jaw spread animals alive when it ls desired to move them of 10" x 10", is very reliable for beaver, the Charles M. Russell National Wildlife from an area. where they are plentiful to one Range in Montana. especially when used as a. drowning set, and which ls understocked. it will kill coypu. It is also used successfully A number of North American firms make The Department planned to oust the for otter, wolf (head set), fisher, badger, live traps in various sizes for muskrat, mink, U.S. Fish and Wildlife Service from the marten, coyote, fox, raccoon, lynx and squirrel, raccoon, fisher, etc administration of these large wildlife wolverine. It is a fierce instrument which has Named traps include the Havahart, Balley ranges, which total over 2 million acres, to be set with the a.id of a rope. In January, Beaver, and National Live traps. The Hava and place them under the sole jurisdic 1971, a trapper in Ontario reported on the hart is a good trap which can be sprung from tion of the Bureau of Land Management, Conibear 330 to the Canadian Association for either end and has a light release catch. Humane Trapping as follows: an agency with a generally poor record Those cage traps that are capable of catch of wildlife habitat management. Accord "We were able this year to observe how ing several animals in succession a.re some fast a Conibea.r trap will kill a beaver. Mrs. times referred to as colony or cumulative ing to BLM's own :figures, as of 1974, 55 H. a.nd myself were checking our traps by traps. percent of BLM-managed big game canoe. When the prow of the canoe was about In Britain cage traps are principally used habitat was in unsatisfactory condition, 6 ft. from the trap a. large beaver came out as follows: and it was going downhill fast. BLM :fig of the lodge and was caught in the trap. It Squirrels. Single-catch and multiple-catch ures on overall range condition showed made 4 spa.shes with its tall and that was it. traps a.re used, usually baited with whole 83 percent of BLM-managed rangeland By the time I come to the trap it was dead. maize for five days before being set. This in unsatisfactory condition. The canoe is 14 ft. so we travelled about 19 method ls very successful. The squirrel is ft. from the time the trap went off till I was The proposed transfer of these wildlife tipped out backwards into a sack and killed is able to get a hold on the trap. Time about 3 with a. violent blow on the head. ranges only one example. During the or 4 seconds or less. On checking the beaver Stoats, weasels, and small ground vermin. Nixon administration, the White House it was caught on the neck and had a. broken Wooden box traps, containing a see-saw directed the Interior Dep&.rtment to neck." which locks behind the animal, have long identify 10 percent of the National Wild In the U.S.A. the Conibear has been sue- been popular in France, Germany, Denmark, life Refuge System to be sold into pri- 35246 EXTENSIONS OF REMARKS November 5, 1975
vate ownership. Only an outraged pub THE BRIDGEPORT-SPAULDING BEARCAT MARCH• FLAG COMMANDER lic and Congress stopped that move. ING BAND CHAMPIONSHIPS HELD Holly Hansen. Again in 1973 a confidential Interior De National Cherry Festival-Traverse City, RIFLE COMMANDER Michigan. partment memo recommended that Ann Toland. "some of the 14 Big Game Refuges should 1970 and 1972-Toast of Cherryland. 1973-Heritage Parade Champions. SABRE COMMANDER be turned over to the States." 1973-Gra.nd Cherry Royale Parade Cham- Sue Hamling. In the face of these moves to dismantle pions. the National Wildlife Refuge System, FLAGS 1973 and 1975-Governor's Trophy-Field Diane Becker, Terri Bhirdo, Donna Buck Champions.• legislation to restrict the present broad holz, Sue Carlson, Tammie Case, Sue Chrcek, authority of the executive branch is Dundee Scots Tattoo--Dundee, Illinois. Lori DePrekel, Wendy Fehrenbach, Chris 1973-Field Champions. clearly needed. H.R. 5512 is a response to Findlay, Dottie Finelli, Ruth Hamilton, Pam 1974-Pa.rade and Field Champions. this need. Lentner, Brenda Lewis, Jackie Luta., Dene 1975-Pa.rade, Field and Overall Cham- McBratnle, Kim Newcomb, Janet Ostler, Lil H.R. 5512 would insure that no trans pions.• lie Priest, Menette Santino, Jodi Sizick, Tori fer of a wildlife refuge to a nonwildlife Michigan Short Circuit. Tepe, Kelly Terrian, Cheri Vincent, Mary agency could take place unless the Con 1975-Field Champions-Reed City, Parade Votse, Karen Wight, Penny Koval, Lynn gress so provided. It would also reverse and Field Champions-Chesaning, Parade former Secretary Morton's decision of and Field Champions-Perry, Overall Circuit Slominski, Jill McDonald, Ann Mielke, Shir Champions.• ley Galbraith, Cindy Fehrenbach, Jane last February and would allow for con Kurek, Jenifer Poinea.u, Wendy Hasse. tinuation of the joint management by · Mid-West Nationals-Rock Falls, Illinois. BLM and the U.S. Fish and Wildlife 1973-Pa.rade and Field Champions-Class RIFLES A. Ka.thy Burzynski, Marilee Kellogg, Cheryl Service of the Kofa, Sheldon and Russel 1974-Parade, Field and Overall Cham Christensen, Kim Dankert, Tino Laszlo, Lissa Ranges. It would insure that the Fish pions-Class A. Napora, Nancy Howell, Cindy Luta, Jan and Wildlife Service cannot be summar Mid-American Band Championships-Polo, Pinet, Debbie Mainprize. ily kicked out of these or any other units Illinois. SABRES of the Refuge System through a uni 1973-Field Champions-Class A. lateral decision of the executive branch. 1974-Pa.rade and Field Champions-Class Sherie Meinecke, Cindy Weston, Cindy A. Hamling, Sue Wood, Diane Bowles, Beth Any amendment to exempt the Kofa, Stoheta.--Dakota, Illinois. Smith, Linda Krukowski, Bridget Ciazinski, Sheldon, and Russell Ranges from the 1974-Parade and Overall Champions- Jane Kurek, Jeanne Boettcher. bill and turn them over exclusively to Class A. PICCOLOS the Bureau of Land Management should Michigan Invitational Field Champion Luanne Ha.re, Mindy Bohl, Jan Murphy, be opposed. The precedent set by such ships-Flushing, Michigan. Cathy Hall, Sandy Fairchild. 1974-Field Champions. an amendment would clearly lead to CLARINETS transfer of other wildlife refuges and National Highland Festival-Alma, Michi ranges when pressures for development gan. Kathy Aldering, Lori Bank, Michelle Brues 1971, 1972, and 1973 Parade Champions. sow, Sandy Hartl, Laura Hasse, Debbie Jano assault the refuge system again. National Honey Festiva.1--Chesanlng, vich, Sandy Joseph, Theresa. Kostick, Julie H.R. 5512 has bipartisan support and Michigan. Kren, Julie Mcinnls, Debbie Nagy, Kris Os is cosponsored by more than 50 Members 1974-Parade Champions. trander, April Pierce, Leslie Shourds, Mary Thiel, Karen Trombley, Mary wood, Renata of the House. It is suported by every ma EVENTS WON THIS SEASON jor national wildlife, conservation and Zietz, Tammie Brennan, Sue Illikman, Tracy Dundee Scots Tatoo--Dundee, Illinois. Siems, Mary Kay Brown. environmental organization and was re 1st Place in Parade. ported by a unanimous vote of the Com 1st Place on Field. ALTO SAX mittee on Merchant Marine and Fish 2nd Place in Concert. Dottie Alsga.ard, Debbie Boersma., Lucy eries. I ask my colleagues to vote for Overall Trophy for highest total score. Gonzales, Cindy Gosko, William Heger!, Jeni H.R. 5512 in its present form. National Cherry Festival-Traverse City, fer Kostick, Susan Nagy, Julie Newbold, Michigan. Laura O'Brien, Sharon Riley, Shelly Sholtz, 1st Place on Field--Open Class-Gover Leslie Spracklin, Deb Warzecha.. nor's Trophy. FRENCH HORN Michigan Short Circuit. Amy Barnes, Kay Basner, Cheryl Gettman, BEARCATS UNDEFEATED FOR 1975 Reed City-1st Place on Field, 1st Place Claire Ha.gerl, Madeline Hansen, Gayle Mag BAND CONTEST SEASON Overall, 2nd Place in Parade. nus, Ka.thy Nawrock, Kim Sanderson, Nancy Chesaning-1st Place on Field, 1st Place Shulhof, Esther Tolles, Bobbie Case, Ka.thy Overall, 1st Place Parade-Showboat Parade Kren. Contest. E·FLAT TRUMPETS Perry-1st Place on Field, 1st Place Over HON. BOB TRAXLER Jim Erway, Lori Ittner, Bill Wahl, Dave OF MICHIGAN all, 1st Place in Parade. Circuit Awards. Fordyce. IN THE HOUSE OF REPRESENTATIVES Overall Championship, 1st Place on Field B·FLAT CORNETS Wednesday, November 5, 1975 Flight A, 1st Place in Music, 1st Place in Sue Bartel, Tim Brown, Wade Crosson, Bob Showmanship. Eldred, Doug Ham, Mary Illlkma.n, Sue Light, Mr. TRAXLER. Mr. Speaker, I would • Note.-"Open Class" is most difficult Joanne Ma.gnus, David McGla.ughlin, Brian like to inform you and the entire House competition level. Mielke, Pat Naessens, Doug Perkins, Barb of Representatives of an outstanding Fall, 1975. Saginaw Fair Marching Band Rood, Jerry Sledz, Don Slominski, Karen high school marching band in the area Competition-1st Place Class A, Overall Smith, Tom Timmreck, Mark Trombley, Jim I represent, the Eighth District of Michi Champion. Wllliams, Joe Hansen, Chery Castle, Mike gan. Western Michigan University Calvacade of Findlay, Sally Smith, Leslie Spaulding, Car Bands-1st Place Open Class, Overall Cham lene Laszlo, Ann Conklin, David Trombley, The amazingly talented group of pion. Jennifer Riley. youngsters, known as the Bridgeport Michigan Invitational-1st Place Open BARrrONES Spaulding Bearcat Marching Band, have Class, Overall Champions-Governor's Joe Bhirdo, Kip Elsea, Chris Lade, Bruce won over 75 major awards in the past Trophy. Manning, Rod McDivitt, Mike Shapow. Reed City Invitational-1st Place Class A, few years. TROMBONES This past season, from June to Octo Overall Champions. Undefeated in entire contest season: June Chris Bhirdo, Rick Brown, Tom Dutcher, ber 1975, the band achieved the almost October 1975. Edward Fauver, Brian Fisher, Barry Fitzpat impossible feat of being undefeated for rick, Dan Heidger, John Illikma.n, Dan San the entire contest season. The band has I would also like to list the band mem derson, Pat Stana.rd, Mike Weslock, Amy also been the feature band at University bers so that they may receive credit for Schulz. of Michigan, Michigan State, and Detroit a job truly "well done." TUBAS LIST OF BAND MEMBERS Brian Wellman, Mike Kwaiser, Larry Lions' football games. Thomas, Tammi Thomas, Brian Vega, Andy I would like to share with you the list DRUM MAJORS Newcomb, Greg Ha.gerl, Scott Webb. of events the band has won so you can Tim Jacques, Jeff Brown, David Gilmour. PERCUSSION fully realize what this fantastic group of COLOR GlJ'ARD COMMANDER Jerry Hamling, Lance Metiva, Scott Wllson, "Bearcats" has achieved: Judi Dickie. Chuck Hitsman, Steve Castle, Bob Treib, November 5, 1975 EXTENSIONS OF REMARKS 35247
Mary Ann Link, Kathy Klich, Colleen Haas, Miechur, Richard A. Northrip, Joseph J. plement these solutions with sufficient funds Scott Fisher, Randy Metiva., Mike Thornton, Knapik, Kent Weaver, Toney Gallo, United to solve the problem of solid waste disposal Jim Pequinot, Gail Hart, Robert Agans, Tony Cement, Lime and Gypsum Workers; United through resource recovery and energy con Sha.pow, Jay Proux, Mary Jo Young, Kathryn Glass and Ceramic Workers; George M. servation. Brown. Parker, Ivan T. Upcapher, John Gettys, David Referred to Committee on Resolutions. BAND DIRECTORS Pierson, William J. Edwards, American Flint Devere A. Fader, Kenneth M. Snoeck, Rob Glass Workers Union: Harry A. Tulley, James ert Klump, Timothy R. Kasten, Robert I. E. Hatfield, Lee W. Minton, Stanley Brown, Brown. Edward L. McMa.hn, Stanley Levy, Glass THOUSAND TIMES "NO" Bottle Blowers' Association; s. Frank As in any effort of a group of people, Raftery, Michael DiSilvestro, L. M. Ra.ftrey, there are many whose support makes the Ernest Seedorf, Pe·ter Yablonsky, James whole thing possible, but do not always Da.mrey, Walter Zagajeski, Mr. R. Cook, HON. MILLICENT FENWICK get the credit they deserve because they Painters and Allied trades; Lester H. Null, OF NEW JERSEY Sr., Philip Cohen, Edward Kasper, Fred IN THE HOUSE OF REPRESENTATIVES spend most of their time behind the Tanner, Pottery and Allied Workers; I. w. scenes. Abel, Walter J. Burke, John S. Johns, Roy H. Wednesday, November 5, 1975 The band has five assistant directors, Stevens, Mitchel F. Mazuca, Hugh P. Ca.rcella., Mrs. FENWICK. Mr. Speaker, I insert an equipment manager and a health as Edward E. Plato, Wm. Moran, Joseph Odor cich, Kay Kluz, Homer E. Bussa., Frank Lesen this editorial from the Passaic Herald sistant, all donating their time without News, one of our foremost New Jersey pay. The band is financed totally by 177 ganich, Joseph J. Kender, Charles Young love, Harry 0. Dougherty, Bertram Mc newspapers, because it refers to a prob band boosters who raised the incredible Namara, Lloyd McBride, M. c. Weston, Jr., lem which is acute in my State at present sum of $35,000 in 1 year. Howard Strevel, James E. Ward, United Steel but may well, in years to come, be expe A special congratulations is owed to workers of America. rienced by many areas which are now Mr. Devere A. ''Pete" Fader, who is the Whereas, A clean environment and full em ployment are not incompatible; in fact, they relatively free of it. band's director and has provided the It concerns flood control in the Passaic necessary leadership to make the Bear can and should go hand-in-hand, and Whereas, The AFL-CIO position is espe River Basin in northern New Jersey, the cats the great band they are today. His cially pertinent in relation to the twin prob most densely urban area in the United tough and grueling job would have been lems of solid waste disposal and depletion of States. This comparatively small river impossible without the invaluable assist valuable natural resources. The answer to system is flood prone and its representa ance of the school board of education, these companion problems lies in transform tives have often asked for help. The plan the principal, Mr. Eugene Strait, and the ing waste into usable products, and designed as far back as 1888 has never superintendent, Mr. Martin Atkins. Whereas, The answer does not lie in pro posals to ban disposable cans and bottles been adopted because of inequities rec I am sure, Mr. Speaker and colleagues, ognized as sacrifices by some munici tal or to curtatl use of certain materials. These that you will join me in saluting this proposals are really "non-solutions." By dis palities and governmental agencies. It ented group of youngsters, their parents rupting industry and ca.using heavy losses has only been in recent years with the and their supporters and wish them the of jobs, more problems would be created evolution of a need for environmental best of luck and continued success in the than solved, and balance that new proposals have evolved. future. Whereas, the AFL-CIO opposes legisla tion-at any government level-which seeks Recognition of the need for a stable and to resolve this problem by restricting the viable ecosystem in the valley has been sale or use of non-returnable containers, re the main goal of environmentalists and SOLID WASTE DISPOSAL gardless of the unemployment and other now their plan for the return of the flood negative consequences, and plains to the river has been succinctly ex HON. ROBERT W. KASTEN, JR. Whereas, the AFL-CIO endorses a policy pressed in this editorial. of maximum resource recovery and energy This plan-"the flood plain returned OF WISCONSIN conservation as they offer the only meaning IN THE HOUSE OF REPRESENTATIVES to nature"-is by far the most intelligent ful solutions to the nation's solid waste dis and the least expensive of all the ways Wednesday, November 5, 1975 posal needs. Accordingly, expanded resource recovery and energy conservation should be one can find to protect the lives and Mr. KASTEN. Mr. Speaker, solid waste encouraged, in conjunction with present dis property of our citizens and the future disposal has been generating a great deal posal methods, through the establishment of of our water supply. of interest in recent years. It is a problem policies and programs compatible with na The article fallows: tional employment, environmental, and ener that will be compounded as our popula THOUSAND TIMES "No" tion and our rate of production increases; gy objectives; therefore, be tt Resolved: In order to meet these policy The inaibillty of officials representing com and it is a problem that will have serious objectives, this Convention recommends munities in the Passaic River basin to agree consequences unless an adequate solu that the Congress take positive action in on a flood control plan at their meeting in tion is discovered. supporting legislation which would include Newairk follows the usual script. Unfortunately, most of the solutions the following proposals: "This plan failed to receive public support that have been offered do not strike a't (1) promote the demonstration, construc and a. restudy of the problem was started in the root of the problem. One of the most tion, and application of solld waste manage 1945," says the bulletin, "Passaic River Basin frequently mentioned, the banning of ment and resource recovery and energy con Flood Control Study," published in 1960. A disposable cans and bottles, is also one of servation systems which preserve and en new flood control plan was prepared, but hance the quality of a.tr, water and land re "because of the divergent views expressed by the least effective. It has been estimated sources; local interests," said the bulletin, "further by the Environmental Protection Agency (2) provide technical and financial as study" was again deemed advisable. that all cans and bottles ac.count for sistance to states, local governments and in Official flood control recommendations barely 5 percent of the total annual terstate agencies in the planning and de have been ma.de periodically since 1888, :first waste volume. My concern lies with the velopment of resource recovery, energy con by the state geologist, then by official com bulk of the problem, the remaining servation and solid waste disposal programs mittees and. since 1936, when the Congress 95 percent. and faciUties; authorized planning for flood control on the I am pleased to note that my position (3) promote a national research and de river, by the Corps of Engineers. velopment program for improved techniques, The inaibili ty over the decades to find a on this matter is also shared by the more effective organizational arrangements, plan acceptable to a.H is explained by the AFL-CIO. The 11th constitutional con and new and improved methods of collection, comment ma.de by Councilman DeFa.lco, of vention, held in San Francisco on Octo separation, recovery and recycling of solid West Caldwell., at the Newark session. The ber 3, approved a resolution calling for wastes, and the environmentally safe dis current proposal, he said, would cause a the Congress to examine the solid waste posal of non-recoverable residues; monstrosity in our borough. We have no problem on a broad front and enact leg (4) provide for the promulgation of guide flooding problem, yet you expect us to build islation to provide truly effective solu lines for solid waste collection, transporta a. monstrosity to relieve flooding in Wayne." tions. tion, separation, recovery and disposal sys- The bulletin, speaking of objections raised tems; and to the 1948 plan, noted the disinclination ot The text of the resolution fallows: (5) provide for training grants in occupa the central basin residents to accept the SOLID WASTE POLICY tions involving the deslgn, operation and water suppl~ features of the project or to Resolution No. 20-By Delegates Vernon E. maintenance of solid waste disposal and ener dispose of their l:ands to provide flood pro Kelley, H. Max Webst.er, Eddie R. Stahl, gy conservation systems, and be it further tection to the lower valiley." Henry S. Olsen, Matthew Davis, Aluminum Resolved: That thts convention endorses The evidence ts that no plan which im Workers International Union; Thomas F. these proposals and urges Congress to 1m- poses an onerous sacrifice on one or more CXXI--22~0-Part 27 35248 EXTENSIONS OF REMARKS November .5, 1975 communities in order to save other com secure an appointment, and I am sure on the entire economy of the United munities from the flood threat has a rea many qualified students are discouraged States. sonable chance of adoption. That a·lso prob from even applying as a result. As an emergency measure directed to ably goes for any plan that would require an emergency situation in the Nation's an astronomical expenditure. The bill we are introducing would While waiting for the ideal plan, state, abolish the appearance of favoritism and largest city, the Emergency Intergovern county and local governments ought to be require that all applications be received mental Assistance Act does not attempt looking into the idea orf environmentalists. and judged by the academies on the to address itself to the urgent priority If we understand them correctly, they want basis of merit. It would free our offices credit needs oft.he rest of the Nation. , to keep new construction out of the flood of the burden of administration which In point of fact, the committee's bill plain and to remove as much as feasible of should, as in all other situations, be would provide financial assistance the old construction which has to be pro handled by the schools. It would remove through guarantees of debt obligations tected at public expense from floods. What only to States and municipalities that they propose, in effect, is to let nature re the aura of politics from the admission claim the flood plain. Obviously it is not process. find th.:: mselves L.1 virtually the same po financially possible to do this aH tomorrow, Our bill would preserve, however, some sition as New York City--closed out of but over as many decades as flood control important characteristics of the present the money r.1arket and teetering on the plans have been proposed, debated and re system. For example, it would retain brink of bankruptcy. jected, much could be accomplished and the present geographic distribution of The effect is to create a vehicle which probably at no greater cost than the still appointees. The academies would make can be used to help put out financial elusive idea,l flood control plan. The flood their appointments with reference to the fires in the public sector only after they plain returned to nature or preserved in its have reached the point of imminent natural state would not be lost. It would congressional districts as is the case be an asset to the communities in the Pas now. In addition, Congress would con catastrophe, rather than be available to saic River basin. tinue to have responsibility for oversight use as a preventive measure to keep the of the academies, and the respective fires from occurring in the first place. Boards of Visitors would be given ex Despite the bill's serious shortcomings, press authority over admissions proced and the universal reluctance to take a UNIFORM STANDARDS FOR ALL ures and policy. Each board would be step which could be construed as con APPLICANTS TO THE ACADEMIES directed to report to Congress annually. doning serious mistakes in fiscal man I should note, Mr. Speaker, that this agement which brought New York City legislation would apply not only to the to this brink, I support the Emergency HON. MATTHEW F. McHUGH three service academies-Army, Navy, Intergovernmental Assistance Act be OF NEW YORK and Air Force-but also to the Merchant cause it is the only measure presently IN THE HOUSE OF REPRESE?-iTATIVES Marine Academy. The admissions policy available to prevent a default by New Wednesday, November 5, 1975 at that school would be changed to a York City. The consequences of such a purely competitive one as is now the case default, too, would be felt in every city Mr. McHUGH. Mr. Speaker, I am at the Coast Guard Academy. council, board of education, State cap joining with Mr. CORNELL today in intro Finally, the merit system would be ex itol, and every public authority in the ducing a bill which we believe will make tended not only to the appointments now Nation which issues what are known as more professional and objective the ad made by members of the House and Sen "municipal bonds". missions procedure used at our fine mili ate, but also to the discretionary ap However it is clear to me that a much tary academies. paintments presently available to the broader and far more flexible approach Under existing law, Members of Con Vice President, the Secretaries of Army, is needed to enable our States and local gress and certain other public officials Navy, Air Force, and Commerce, the governments to finance public works and participate in nominating individuals for Governor and Resident Commissioner of facilities when credit is not available to admission to the academies. Surely, we Puerto Rico, the Governor of the Pan the public sector at reasonable rates of all recognize that the training of our fu ama Canal, and the delegates to Con interest-and that is certainly the case ture officers is most important to the gress from Guam, the Virgin Islands, today throughout this country. That is country, and therefore have considered it and the District of Columbia. why I have introduced H.R. 10452, with a privilege to participate in this process. Mr. Speaker, Mr. CORNELL and I have the cosponsorship of 16 other Members Just as surely, however, the time has introduced this bill in the belief that of the House-Representatives PATMAN, come to transfer complete responsibility it will standardize and simplify the MILLS, MADDEN, PRICE, BARRETT, BOLLING, for admissions to where it belongs-the methods by which our future officers BURKE of Massachusetts, RANDALL , PEP academies themselves. are selected and in the hope that it will PER, MINISH, ANNUNZIO, MEEDS, BIAGGI, At present each Member of Congress therefore justify the support of our col MURPHY of Illinois, NIX and ZEFFERETTI. must publicize the academies, receive and leagues. This legislation would also provide ma process many applications, arrange for chinery for extending loans at reason interviews, and establish his own criteria able rates of interest to establish and for making the nominations. This not improve small- and medium-sized busi only places a heavy administrative bur A SUMMARY OF H.R. 10452, AN RFC nesses and to finance low- and moderate den upon us, but results in admissions TYPE ANSWER TO THE NATION'S income housing. standards which vary from office to office. PRIORITY CREDIT NEEDS H.R. 10452 would create a Federal cor I believe we are all conscientious in car poration to provide adequate loan funds rying out our responsibilities, but there on reasonable terms for priority area should be a single, uniform standard for HON. LEONOR K. SULLIVAN borrowers when credit is not readily at all applicants. OF MISSOURI tainable on reasonable terms from pri Moreover, the academies are far better IN THE HOUSE OF REPRESENTATIVES ate lenders. qualified than we to judge the applicants. From conversations I have had with Most of us recognize this and do not des Wednesday, November 5, 1975 many of the Members on the House floor ignate one person to receive the appoint Mrs. SULLIVAN. Mr. Speaker, the about the concept of this proposal, I ment. As you know, the general practice House Committee on Banking, Currency am sure the Members will be interested is to submit 10 nominations to the and Housing has favorably reported, and in a section-by-section summary of H.R. academy and leave the final selection to the House of Representatives will shortly 10452, which I intend to append to my the school. be considering, the Emergency Intergov remarks. In short, Mr. Speaker, most of us now ernmental Assistance Act, a narrow and The fundamental purpose of H.R. believe that selections should be made stringent measure solely designed to re solely on the basis of merit. And yet, be spond to the financial crisis confronting 10452 is to establish a mechanism by cause applicants must gain consideration New York City. Speed was of the essence which credit is allocated to vital priority through the medium of their Congress in the consideration of this legislation by areas of our economy. Like the highly men, there is the widespread belief that the Committee because of the probability successful Reconstruction Finance Cor academy appointments are political. of imminent default on the part of New poratlon-RFC--of the 1930's and Many people assume that they must per York City and perhaps New York State 1940's, the Emergency Financial Assist sonally know the Member of Congress to as well, with deeply feared repercussions ance Corporation would help assure that November 5, 1975 EXTENSIONS OF REMARKS 36249
urgent credit needs are met on a con PRINCIPAL OFFICE; BRANCHES its interest and to promote utlllzation of the sistent and continuing basis. Section 8. Locates the principal office of the Corporation's resources. As it is now, priority area borrowers Corporation 1n the District of Columbia a.nd SECURITY REQUIRED are periodically starved for credit every authorizes it to establish agencies or branch Section 19. Authorizes the Corporation to time monetary policy tightens up and offices in any city of the Nation. make whatever arrangements it considers only big corporate borrowers are able to CAPITAL STOCK necessary to secure Corporation loans and compete for limited loan funds at ex Section 9. Authorizes the Corporation to loan guarantees. tremely high rates of interest. If nothing have capital stock of $1 bilUon which shall be MATURITY OF LOANS else, the nearly constant financial crisis purchased by the Treasury as the needs of the Section 20. Gives the Corporation discre of the Nation's housing industry during Corporation dictate. tionary authority to make loans and loan the past 5 years should be convincing BORROWING AUTHORITY guarantees for periods to be determined by proof of the need for the Emergency Fi Section 10. Allows the Corporation to sell the Corporation. Requires such borrowers to fully guaranteed obligations in the open refinance Corporation loans through another nancial Assistance Corporation. market to obtain loan funds for priority area. lender whenever the Corporation considers Mr. Speaker, what follows is a section borrowers. Limits the indebtedness of the such refinancing feasible. by-section summary of the provisions of Corporation at any one time to 20 times the TAXABLE STATUS H.R. 10452, the Emergency Financial As amount of paid in capital. Section 21. Exempts the Corporation from sistance Corporation Act, presented here PURCHASE OF ASSETS BY TREASURY all taxation imposed by the United States or so that Members of Congress may fami Section 11. Authorizes the Treasury to pur by State and local governments except in the liarize themselves with the measure. It chase Corporation assets on mutually agree case· of real and personal property which is my hope that in the weeks and months able terms. shall be subject to Federal, State and local a.head, the need for such legislation will DISCOUNT BY FEDERAL RESERVE BANK taxation to the same degree as similar hold become readily apparent. Section 12. Allows Federal Reserve banks, ings are taxed. Makes Corporation obliga The text follows: tions subject to Federal, State and local tax the Federal Reserve Open Market Committee ation to the same extent as the obligations SECTION-BY-SECTION SUMMARY OF H.R. 10452, and any federally chartered or regulated of private corporations. THE EMERGENCY FINANCIAL ASSISTANCE COR commercial bank, savings and loan associa PORATION Acr OF 1975 tion or mutual savings bank to purchase AUDIT BY GENERAL ACCOUNTING OFFICE FINDINGS AND DECLARATION OF PURPOSE obligations of the Corporation. Section 22. Authorizes the General Ac counting Office to conduct comprehensive Section 1. Declares that tax and other fi INVESTMENT STATUS OF OBLIGATIONS OF THE CORPORATION audits of the Corporation loan and guaran nancial resources of States and local govern tee applicants, borrowers and recipients of ments are strained beyond their capacity to Section 18. Provides that all obligations is loan guarantees. achieve sound and orderly development of sued by the Corporation may be accepted a.s the Nation's communities. States that it ts security for all fiduciary, trust a.nd public AUTHORIZATION OF APPROPRIATIONS imperative that effective action be taken to funds, the investment or deposit of which 1S Section 28. Provides for appropriation, combat alarming nationwide unemployment under the authority of the United States. without fiscal year llmltation, of $1 bilUon and commits Congress to elimination of the DIRECT LOANS AND GUARANTEES TO STATE AND to finance the purchase of Corporation stock. housing crisis achievement of the National LOCAL GOVERNMENTS Also authorizes the appropriation of such sums as may be necessary to pay the differ Housing Goal. Section 14. Authorizes the Corporation to ESTABLISHMENT OF THE CORPORATION ence, if any, between the cost of Corporation make direct loans to or guarantee loans made obligations and the interest received by the Section 2. Creates the Emergency Financial to State and local governments which are un Corporation on :ts loans, and to reimburse Assistance Corporation to make a guarantee able to obtain funds on terms which the the Corporation to the extent of any de of long-term loans at reasonable interest Corporation board considers reasonable. Pro faults. Authorizes such additional sums as rates to State and local governments for vides that the Corporation may make loans may be necessary to establish and operate public works and facilities. and to make di at below market interest rates in order to the Corporation and otherwise carry out the rect loans to small and medium size business carry out the purposes of the Act. purposes of the Act. and industry and for construction of low and REQUIRED PROCEDURES moderate income housing. Section 15. Gives the Corporation author: DEFINITIONS AND RULES OF CONSTRUCTION ity to establish whatever procedures it con Section 3. Defines the terms used in desig siders necessary to assure, Within a period STAR SUPPORTS IMPROVEMENTS nating the priority area borrowers to be prescribed by the Corporation, that operat IN PAYSETI'ING POLICY FOR served by and the conditions under which ing expenditures of State and local govern credit assistance may be provided by the ments do not exceed income. The require MEMBERS AND FEDERAL E:MPLOY Emergency Financial Assistance Corporation. ment does not apply to outstanding indebt EES BOARD OF DIREC'rORS edness. Section 4. Provides for an 11-ma.n board LOANS FOR COMMERCE AND INDUSTRY HON. HERBERT E. HARRIS II of directors composed of the Secretary of the Section 16. Provides that the Corporation OF VIRGINIA Treasury and 10 other persons appointed by may make direct loans to finance the pur the President with the advice and consent chase of real and personal property and for IN THE HOUSE OF REPRESENTATIVES of the Senate. Requires that persons ap working capital to promote establishment of Wednesday, November 5, 1975 pointed to the board shall represent State new business and industry and to improve or local governments. private enterprise, or existing business and industry in depressed Mr. HARRIS. Mr. Speaker, with the ganized labor, and rural organizations deal urban and rural areas. Requires that pref votes and debate on several aspects of ing With economic and social problems of erence be given to small and medium size the issue of salaries of Members of Con depressed areas. borrowers who are unable to obtain credit gress and Federal employees not far be APPOINTMENT OF OFFICERS AND EMPLOYEES on reasonable terms from any other source. hind us, I am pleased to share with my Section 5. Authorizes the boa.rd to appoint Borrowers can be required to fill a. specified colleagues a recent editorial from the officers and employees. Requires that only number of jobs with unemployed or under Washington Star endorsing efforts em employed persons and to conduct job train citizens of the United States may be officers ing courses. bodied in two of my bills. The Star calls of the Corporation and prohibits officers from for two revisions: eliminating the Presi receiving any salary or other remuneration LOANS FOR LOW AND MODERATE INCOME HOUS dent's authority to propose an annual from any source other than the Corporation ING PROJEcrs comparability amount ·differing from during their period of employment. Section 17. Authorizes the Corporation to that of his or her advisers and separat CONFLicr OF INTEREST make direct loans to public agencies, non profit cooperatives and corporations, limited ing Members' salaries from that of Fed Section 6. Prohibits directors, officers, at eral employees. torneys, agents or employees of the Corpora dividend corporations and others for con tion from directly or indirectly participating struction of low and moderate income fam I have introduced two bills that do in deliberations affecting their persona.I in ily housing. Such loans can be made at be exactly that: H.R. 9905, which removes terest. Prevents the Corporation from engag low market interest rates when necessary to the President's authority from the pro ing in the financing of political activities. serve the purposes of the Act. cedure under which annual compara GENERAL CORPORATE POWERS TECHNICAL AND OTHER ASSISTANCE bility adjustments are made and H.R. Section 7. Provides that the Corporation Section 18. Enables the Corporation to pro 10042, which would abolish the current shall have the general corporate powers of vide borrowers and recipients of loan guaran method for changing Members' salaries. a corporation organized and existing under tees with whatever assistance, technical or H.R. 9905 has 21 cosponsors; H.R. 10042, the laws of the District of Columbia. otherwise, it considers necessary to protect 14 cosponsors. 35250 EXTENSIONS OF REMARKS November ,5, 1975 I would also like to bring to Members' add that these "were terminated for non dent was a good, sound, workable plan, particular attention the Star's prefer performance, for lack of cooperation and found that the chairman and his execu ence for taking Members' salari'es out of because they chose not to fulfill their tive staff had misinterpreted, circum the Federal employees salary-setting agreements in many cases." Another vented and violated at least the spirit process. I heartily agree with the Star's 1,000 men handled by the military never of the Executive order and proclama contention that "the self-interest factor reported for jobs at all. This total of ap tion establishing the clemency program. would be removed from congressional proximately 3,035 men have been given Various aspects of the program's imple debate." discharges and will escape punishment mentation were seriously questioned by The editorial follows: for desertion and will not be compelled the minority: SEPARATE CONGRESSIONAL PAY to complete their assignments under the The actions, in our opinion, a.re not only Now that the la.test federal pa.y issue has program. unethical, but they may also border on il been settled, Congress should devise a bet A New York Times article of Septem legality, and could greatly discredit the ter way to handle this annual hassle. President's Clemency Program in the eyes ber 15 <:ommented further: of the American public. The 8.66 per cent increase recommended The military is prevented from prosecut for civilian workers and military personnel ing program dropouts since they have all The Office of the White House Press by a federal pay commission wa.s never de been officially separated from the service, and Secretary saw the operations of the PCB ba. ted on its merits. They had to settle for the Government, for political as well as legal in a different light. A fact sheet issued the 5 per cent set by President Ford be reasons, has indicated it will not prosecute cause Congress, for political reasons, was even the most flagrant examples of bad faith on September 15 by that Office stated: u.fraid to override him. among those who have broken the agreement. The record of the President's Clemency Congressmen wouldn't override the Presi Boa.rd reflects a successful completion of dent: because they have tied salary increases This pha.se of the clemency program the Board's responsibilities within the dead for themselves into the feder.al employe pay was handled by the Department of De line date of September 16, 1975 ( emphasis procedure. The more money they vote for fense and involved unpunished deserters. added). federal workers and the military, the more Unpunished draft dodgers reported to a The Presidential Clemency Board was they vote for themselves. U.S. attorney with the Justice Depart There are two ways to remedy the prob created by Executive Order No. 11803 on lem. One backed by several members of ment implementing this phase of the September 16, 1974, and was originally the House Civil Service Committee would program. Convicted deserters and draft composed of nine members who, accord eliminate the President's authority to offer dodgers and those still serving sentences ing to the minority report, represented alternate pay plans: any increase recom for such violations applied to the Presi a fair balance among liberal, middle-of mended by the federal pay commission would dential Clemency Board for relief. The the-road and conservative views. The go Into effect automatically. Under exist clemency program was established by chairman was to be appointed by the ing law, the President can submit an alter President Ford on September 16, 1974, President and former Senator Charles nate plan and it goes into effect unless and all clemency applications had to be vetoed within 30 days by either the House or Goodell was chosen. An alternative Senate. filed no later than March 31, 1975, the method of choosing the chairman, by Another solution-one that we prefer cut-off date for the program. Applicants, election of the Board members, was elim would separate congressional pay from that either draft dodgers or deserters, could inated. The nine-member Board, accord of federal employes. The President would be relieved of prosecution and punish ing to the highly critical minority re continue submitting alternate plans from ment if they presented themselves to the port, sought to use the President's Exec those of the pay commission, but the self proper department before March 31, exe utive order and proclamation as guide interest factor would be removed from con cuted an agreement acknowledging their lines and adopted policies by which de gressional debate. allegiance to the United States, pledged There is room for debate on the merits cisions of the Board would be deter and economic effects of alternate pay plans. to fulfill a period of alternative service mined. Unfortunately, these policies were And Congress, which must raise revenues to under the auspices of the Director of Se soon to change. run the government, should have the final lective Service and satisfactorily com On May 7, 1975, President Ford ex say. But it is unfair to the 3.5 million pleted such service. panded the membership of the Board civilian workers and military personnel to In the case of the deserter, when he to 18 and Chairman Goodell, by his own have the decision hinge on the politics of elects to seek relief through the program, admission had a fairly free hand in congressional pay raises. he receives an undesirable discharge. picking the new Board members, in Upon completion of his alternative serv cluding two members of his staff, ac ice he receives a clemency discharge in cording to the minority. The dissent DISTURBING REPORTS ON THE recognition of his fulfillment of the re ing members of the Board found that PRESIDENTIAL CLEMENCY PRO quirements of the program. The clem the Board itself became more amnesty GRAM ency discharge does not bestow entitle oriented and "became, in effect, a cap ment to benefits administered by the tive of the chairman and the staff, and Veterans' Administration. policy decisions were made by the chair The Presidential Clemency Board, the man and the general counsel which in HON. JOHN M. ASHBROOK third phase of the clemency program, fluenced Board actions and results with OF OHIO processed the largest number of cases out the realization of Board members." IN THE HOUSE OF REPRESENTATIVES and caused the most controversy. An The White House factsheet lists the Wednesday, November 5, 1975 AP release of September 19 stated: "aocomplishments" of the Board in its President Ford's clemency board was Mr. ASHBROOK. Mr. Speaker, in stark September 15 r·elease: stacked with anti-war liberals who distorted The Board received a.pproxdmately 21,500 contrast to the sacrifices exacted of over the intent of the program, urged prison Bippldcations and requests for clemency. 56,000 servicemen killed in Vietnam, over inmates to apply and voted clemency in cases Of these applicants, approximately 5,000 300,000 wounded, the POW's and the involving civilian felony convictions includ did not qualify for the program. MIA's, reports of soft and preferential ing rape and murder, four board members The remaining approximately 15,000 cases treatment of Vietnam era draft dodgers say. all have been reviewed by the Boa.rd and and deserters under the clemency pro The minority report of the four mem recommendations made for Presidential con gram could easily provide the American sideration. bers was released on September 15, the Approximately 6 percent of the total cases voter with a key issue in the 1976 elec day the PCB went out of existence. The reviewed by the Board resulted in recom tions. A recent AP dispatch began: minority, after reviewing the first draft mendations for denial of the applicant's re Two-thirds of the deserters who joined of the 'final report of the majority of the quest for clemency. President Ford's clemency job program have PCB and subsequent revised sections Of the total, roughly 43 percent of the dropped out, been kicked out, or processed thereof, stated that "it contains numer cases were recommended for clemency con out by the military without reporting for ous misleading statements, is nonfactual ditional on fulfil!lment of alternate service jobs, and will escape punishment without for a,n averaige ()If six months. completing their assigned work. in many areas, and contains whole chap ters that are entirely irrelevant to the The retn&ining 61 percent of the cases were According to the dispatch almost 4,503 duties and functions of the Board." The recomlillended for pardons. deserters who joined the program, or minority members, while believing that While one must fairly evaluate both 2,035 men, have either dropped out or the original concept and plan as con sides of the issue, the charges of the been kicked out. Selective Service officials ceived and announced by the Presi- minority members reminds me of the November 5, 1975 EXTENSIONS OF REMARKS antics of the President's Commission on control because they were given discharges. equipment and repair of recovered electrical Pornography and Obscenity several and this will enable them to escape punish apparatus," the Selective Service said. "His ment for desertion without completing the personnel director states that he is helpful years ago. That Commission it will be work they were assigned under the program. in many ways over and above his responsi recaUed, was established by Congress to Another 7,000 deserters never tried to get blllties. Although his term is over he con help combat the spreading problem of into the program. These constitute many tinues to spend some time at Goodwlll." pornography and noxious materials in of those who fled the country and still could RESOLUTION No. 246-DRAFT EvADERS American communities. It turned out be punished if apprehended. that the chairman and the general Selective Service officials, in response to AND/OR DESERTERS counsel were both members of the Amer Associated Press inquiries, said the 2,035 Whereas, young men throughout the his "were terminated for nonperformance, for tory of the United States have patriotically ican Civil Liberties Union, traditionally lack of cooperation and because they chose answered the call of their country and de long on liberties and short on responsi not to fulfill their agreements in many cases." fended its lands and ideals; and bilities in the pornography area. A Some with families dropped out because they Whereas, hundreds of thousands of these minority bloc developed and the situa couldn't make a go of it on the low pay. young men volunteered for, or accepted, duty tion deteriorated so badly that the "Even though we didn't get the numbers in Vietnam and served with honor and dis minority ended up holding its own hear we anticipated, President Ford has a.tta.ind tinction; and ings in various cities throughout the more of his initial goal than lots of people Whereas, thousands of these young men country and issuing its own interim and give him credit for," says draft director Byron lost their lives, or were gravely wounded; V. Pepiton. and final minority reports. Those of us who In addition to unpunished deserters, the Whereas, thousands were captured by the had followed the Commission's activities clemency program is for men convicted of enemy and were imprisoned and/or tortured were of course not surprised when the draft dodging or being punished for deser for long periods of time; and majority report was flatly rejected by tion, and for unconvicted draft-dodgers as Whereas, the question of amnesty for those high-ranking administration officials well. Of the 5,355 men processed so far in who have fled the country to avoid induc who joined the overwhelmingly sup the three-part program, 2,879 have taken tion into the Armed Services, or ha. ve de ported action of the U.S. Senate in dis jobs. serted their assigned military units to avoid Unpunished deserters were handled by the mUita.ry obligation during the Vietnam con avowing the work of the majority. Defense Department; unpunished draft flict has been raised; now, therefore, be it In the Presidential proclamation an dodgers by the Justice Department. Both of Resolved, by The American Legion in Na nouncing the clemency program for these parts of the program have bee,n com tional Convention assembled in Minneapo draft evaders and military deserters on pleted. But men convicted of draft-dodging lis, Minnesota, August 19-21, 1975, that we September 16, 1974, President Ford or being punished for desertion a.re handled reaffirm our opposition to general amnesty by the Presidential Clemency Boa.rd, and its for draft evaders and military deserters and stipulated that: urge that each case be tried on an individ They should be allowed the opportunity to part of the program is still unfinished. Of all three parts of the program, the ual basis, and ea.ch deserter be dealt with as earn return to theiT country, their commu prescribed by the Uniform Code of Mllitary nities, and their families, upon their agree Clemency Board has had the most appll cants-21,000 in all. It has until Sept. 15 to Justice; and, be it further ment to a. perdod of alternate service in the Resolved, that we urge the United States national interest, together with an acknowl complete its work. So far it has found nearly 6,000 applicants ineligible, recommended out Government and its courts of justice to edgement of their a..llegiiance to the country prosecute to the full extent of the law, all and its Constitution. right pardons for about 6,000 others, recom mended pardons conditioned on work period individuals charged with evading the mlli If the above-mentioned accounts of for about 6,000 more, and denied pardons tary draft. the handling of the clemency are basi to about 700. cally factual, serious questions arise as When the board completes its work and RESOLUTION No. 408-0PPOSE AMNESTY to how many of the applicants are ac the President acts on its recommendations, Whereas, two and one half million Ameri tually earning their adjusted status. I am a more complete picture will emerge of how can citizens were called upon and honorably many men who joined the program actually served in Vietnam at their country's bidding; writing to the various agencies involved take jobs and complete them. in the clemency program to ascertain and Only 130 processed by the board have re Whereas, in doing so, 56,234 were killed; how adequately the program has been ported for jobs, because most of the 6,000 303,000 wounded; over 600 were incarcerated implemented in their individual areas. I so designated by the boa.rd are still awaiting in enemy prison camps; nearly 1,100 a.re still would venture to say that an overwhelm concurrence by the President or are stlll missing in action, and many returned home ing majority of the 29 mlllion living within the 30-day deadline for reporting after to rebuild a life of peace and opportunity veterans in the United States are op Ford acts. Seven have completed their job for themselves and their families and took posed to a general amnesty policy for assignments. their fully earned place in the land for which Board Chairman Charles E. Goodell says they fought; and draft dodgers and military deserters but "it is too early to tell" how many who signed Whereas, while the overwhelming majority that they should earn their acceptance up with the board intend to perform jobs, of our men served with courage and honor, through sacrifice in some alternative although all agreed to do so when they ap others who also had been called upon to serve service form. plied. a.voided their responsibilities, and abandoned I insert at this point in the RECORD The Justice Department portion of the their country by fleeing outside its borders the article "Deserters 'Beating' Clemency program for draft-dodgers has a. low dropout or going underground; and Program" as it appeared in the Mansfield, rate, only 19 of the 722 who signed up. Those Whereas, others, while serving in the mili Ohio, Journal of August 24, 1975. Also who don't complete their jobs stlll can be tary, chose to desert rather than discharge inserted a.re the resolutions on amnesty prosecuted for draft evasion. Some of the their sworn obligations; and dropouts have fled the country to .a.void this. Whereas, to grant "amnesty" to those draft passed by the American Legion and the So far 52 of those in the Department of dodgers and military deserters who violated Veterans of Foreign Wars at their na Defense portion of the program have com civil and military laws without penalty would tional conventions in August of this pleted job assignments, and 10 under the be a gross miscarriage of our judicial system, year: Department of Justice portion. The work to the sacrifices made by those who served [From the Mansfield (Ohio) Journal, periods averaged 20 months for these, but and are still serving, their famll1es, POWs Aug. 24, 1975) the Clemency Board has given only a few MIAs, and to the United States of America; and DESERTERS "BEATING" CLEMENCY PROGRAM more than 12 months. The Selective Service, in giving examples Whereas, the "Clemency" Program an (By Jerry T. Baulch) of men who have benefltted in a special way nounced by President Ford at the 75th Na WASHINGTON.-Two-thlrds of the desert tional Convention of the Veterans of Foreign from the program, said it could not give Wars of the United States will finally draw ers who joined President Ford's clem names in order to protect the privacy it prom ency job program have dropped out. been to an unmourned close on September 15, ised. Most are decorated, wounded Vietnam 1975, with the overwhelming majority of kicked out. or processed out by the military veterans. without reporting for jobs, and wlll escape draft dodger eligibles turning their back on One is a former Marine in a southern state the President's unwise-albeit decently punishment without completing their as who started the program as a jailer's assist signed work. motivated-effort preferring clearly to await ant and flt in so well he was sent to school their "vindication" by a. Congressional grant Of the 4,503 deserters who joined the pro on his own time and is now a sheriff's deputy. of unconditional "amnesty;" and gram, 2,035' have either dropped out or been A two-tour Vietnam veteran is keeping Whereas, we fully and completely reject kicked out, the Selective Service says. An his regular job to support his four dependents the fallacious notion that only those calling other 1,000 men processed out by the military and works 40 hours a week as a. volunteer for "amnesty" have "compassion," our com never reported for jobs at all, the Defense with Goodwlll Industries to complete bis passion being reserved for those who fought Department says. assigned term. and their families; now, therefore The 2,035 dropouts and kick-outs and the "He started with Goodwill as a truck driver · Be it resolved, by the 76th National Con 1,000 no-shows are no longer under military and was soon promoted to maintenance of vention of the Veterans of Foreign Wars of 35252 EXTENSIONS OF REMARKS November 5, 1975 the United States, that we sustain total plaints. In addition, hundreds of local ence between the percentages reported opposition to both unconditional a.nd condi offices, as well as the Consumer Product and 100 percent equals the no-opinion tional "amnesty" for draft dodgers and mili tary deserters; and Safety Commission and the Federal factor. Be it further resolved, tha.t the Veterans Trade Commission, assist in protecting I do hope that Members of the House of Foreign Wa.rs of the United States con the consumer and providing information. will consider the results of this important tinue our total commitment to pursue the One question which this legislation does survey. We have been led to believe that "amnesty never" doctrine through our mem not answer is who will the ACP represent? the American public does not support bership to the Congress a.nd to the American As stated in the Minority Views of the the idea of giving aid to financially trou people and to be firm in our stand never to Committee report in H.R. 7575, who will bled New York City. This survey indi relinquish, dilute or compromise this posi tion. be ,represented, the environmentalist or cates to me that this is not true. Adopted by the 76th National Convention the conservationist, the poor or the of the Veterans of Foreign Wa.rs of the United middle class, the homeowner or the States held in Los Angeles, California., renter? The fact is that some consumers, August 15 through 22, 1975. more vocal or better organized, will be represented while others will not. DEREGULATION-WHAT Finally, the ACP will not solve the PROSPECTS? problem of uncontrolled Federal agencies, ACP NO BOON TO CONSUMERS but merely aggravate the inefficiency of the system. We must ;realize that the HON. J. HERBERT BURKE reason agencies have not been protecting OF FLORIDA HON. WILLIS D. GRADISON, JR. consumers is that their decisionmaking IN THE HOUSE OF REPRESENTATIVES processes are generally inefficient. As a Wednesday, November 5, 1975 OF OHIO result, their actions produce unforeseen IN THE HOUSE OF REPRESENTATIVES and sometimes catastrophic results. Mr. BURKE of Florida. Mr. Speaker, Wednesday, November 5, 1975 It is Congress' responsibility to re as we consider H.R. 7575 and debate the form these agencies so that they may merits of establishing still another multi Mr. GRADISON. Mr. Speaker, con accomplish their intended functions. Es million dollar regulatory agency to stifle sideration today of the proposed Agency tablishing an Agency for Consumer Pro American business, I think we should for Consumer Protection marks a turn tection is an admission to the American consider the logical alternative: deregu ing point in Congress attempt to reform people that Congress can no longer con lation. It is a proven fact that Govern the bureaucratic process in this country. trol the agencies it has created. ment regulation of business has been car Today, we decide whether to a:bdicate our ried to excess in this country, but people responsibilities of congressional over are used to saying that we "can not sight by creating yet another bureaucracy turn the clock back." which will have the power to interfere Mr. George Hagedorn, vice president with and delay the work of every other TELEPHONE SURVEY and chief economist of the National As Federal agency_. On the other hand, we sociation of Manufacturers, has written can face up to the need for vigilant over an excellent article on this very subject sight by voting down this costly and un HON. SHIRLEY CHISHOLM that has been reprinted in the October necessary agency and moving ahead with OF NEW YORK 1975 issue of the Freeman. He argues the process of reforming existing regula IN THE HOUSE OF REPRESENTATIVES ! think very persuasively-that we can tory agencies. and must begin a process of deregulation. Make no mistake about this bill. H.R. Wednesday, November 5, 1975 Mr. Hagedorn's article makes much 7575 would bring the already slowly mov Mrs. CHISHOLM. Mr. Speaker, I would sense, both from an economic stand ing bureaucracy to a virtual halt. Not like to share with my colleagues the point and from a political standpoint, only could the ACP interfere in any other results of a telephone survey concerning and I commend it to the attention of my agency's proceedings before regulations AID to New York City, conducted jointly colleagues: were promulgated, it could also initiate by the New York Times and CBS News DEREGULATION-WHAT PROSPECTS? • court review of such regulations. If it over the weekend of November 1 and an (By George Hagedorn) seems that agency regulations take a con nounced last night on the CBS Evening Deregulation-a. genera.I move toward re siderable time to be developed now, the News. The survey is the first poll to be ducing the degree of direct government inter delays will be even worse when the ACP conducted since President Ford's Octo vention in the economy-is now being dis starts interfering. ber 29 remarks opposing aid to New York. cussed more seriously than for some time It is incredible to me that the commit The two news organizations questioned in the past. The Ford Administration ts re tee report indicates that the creation of 778 people in their survey which has a portedly preparing a. program of this char this agency would have a significant anti acter. It will ta.ke a new look at the va.st ac sampling error factor of plus or minus 4. cumulation of government regulatory devices inflationary impact. Not only will the By 55 percent, yes, to 33 percent, no, and agencies to determine which of them agency itself cost an estimated $60 mil the public favored Federal Assistance to make sense and which do not. lion its first 3 years, but the costs in time aid New York City. On the question of The question to examine here is whether and money spent over reporting require whether a default by New York City such an effort has any real prospect of suc ments will be enormous. would adversely affect the national econ cess. Some commentators, even those who A recent study by Murray Weidenbaum omy, 69 percent of those polled believed are inclined to agree that in many instances of Washington University indicated that it would; 17 percent said it would have the adverse effects of regulation outweigh in its benefits, have suggested tha.t it does not. the costs of Federal regulation has no effect. Sixty-eight percent of the pub Deregulation, they say, flies in the face of a creased $600 million in 3 years. He esti lic believes that other large cities face long-established trend toward increasing mates that a total of 130 million man or will face similar problems as New government involvement in the detailed hours per year are spent filling out Fed York City; 16 percent do not. If the city workings of the economy. "You can't turn eral forms. The ACP would certainly defaults, the survey showed, 81 percent the clock back," I am continually told when increase those figures, and these extra of those polled favor assistance to the the subject is discussed. costs will definitely be passed on to the city to maintain police, fire, and sanita As rational men, we can protest against consumer in the form of higher prices. tion services; 77 percent favor aid to any such attitude. Why shouldn't the coun There is no doubt that consumers will pay schools as opposed to 15 percent who do try ta.ke a.n obj_ective look a.t government regulation of the economy, in all its myriad dearly for this proposed agency. not; 47 percent, a plurality, favor assist forms, to assess its benefits and its costs, a.nd In contrast to the statements of those ance to maintain welfare services while to weigh one against the other? Why should who would have you believe that the 39 percent do not. Aid to city hospitals, one possible conclusion-the desirabi11ty of "consumer" is completely unprotected, under default, was supported by 80 per deregulation-be ruled out in a.dva.nce? The recent studies indicate 39 Federal offices cent of those surveyed and opposed by cllche, "You can't turn the clock back," are currently dealing with consumeJ: com- 12 percent. In all categories, the differ- seelllS to mean that onee you have made a. November 5, 1975 EXTENSIONS OF REMARKS 35253 mistake you must go on making it forever, seem quaintly to be living in the past--the ber 12, 1975. As a public interest trustee, and reasonable men cannot accept that. · pa.st of 10 years ago when the present huge and a founder. charter member of the Those to whom such arguments are ad volume of evidence against government in board of trustees, he has assisted the dressed often nod sympathetically, but they tervention was not yet available. corporation and the Air Force by his are not convinced. We a.re deallng, they sa.y, not with a. process directed by a rational guidance and counsel throughout 15 analysis of advantages and disadvantages, years of dedicated service. During this period. under the Board of Trustees, the but by a political process that moves by its RETIREMENT OF EDWIN E. own momentum. A mood has developed corparation established and has main which leads people to insist that, when they HUDDLESON, JR. tained an organization possessing talent are dissatisfied with anything, government at the cutting edge of technology and wlll step in to set it straight. HON. ALPHONZO BELL has provided the technical depth and A HOPEFUL SIGN OF CALIFORNIA continuity necessary for assisting the Air Disheartening though such a viewpoint IN THE HOUSE OF REPRESENTATIVES Force and the Department of Defense may be, we have to admit that it has some in the development of major space and weight. But there are other considerations Wednesday, November 5, 1975 ballistic missile systems. which lead to the opposite conclusion-this Mr. BELL. Mr. Speaker, the Aerospace A review of Mr. Huddleson's achieve may be an ideal time for a move toward deregulation, and its political prospects ma.y Corp. observed its 15th anniversary Sep ments before his becoming an aerospace be very good indeed. Paradoxically, the fact tember 12, 1975, in conjunction with the trustee in 1960 reveals why he was able that so many things are clearly wrong with annual meeting of its board of t_~ustees. to bring so much valuable professional the economy at this moment is a hopeful During the corporation's 15 years of experience to the Aerospace board. sign. We must have been doing a lot of things service to the Nation, I have been priv Edwin E. Huddleson, Jr., was born in wrong, and one of these is overregulatlon. ileged to meet with its senior manage Oakland, Calif.• January 28, 1914, and The public is losing faith in government as ment officials from time to time and grew up in Santa Cruz, calif. He at the universal problem solver. know of its highly successful scientific tended Leland Stanford Junior Univer One example of the falsity of the proposi sity from 1931 to 1935 where he received tion that when regulation is introduced it and technical achievements on programs can never be removed is the recent fate of critical to the defense and safety of our an A.B. degree in political science and wage and price controls. We recall that. country. Coinciding with the observance was a member of Phi Beta Kappa. He shortly after controls were introduced, there and resulting from a board membershio attended Harvard Law School from was much talk that this action would not limitation of three consecutive 5-year 1935 to 1938 where he was graduated be reversed in the life-time of most of us. terms, was the departure from the board magna cum laude. He was president of In september 1971 (Phase I was in effect and of Mr. Edwin E. Huddleson, Jr., one of the Harvard Law Review in 1938. the shape of Phase II was being discussed), From July 1938 to June 1939, Mr. the Wall Street Journal ran a story that sug its most distinguished members and the gested "Phase II may be forever." only remaining charter trustee. Huddleson was law clerk to Judge Au But wage and price controls were aban As many of my colleagues will recall, gustus N. Hand, U.S. Circuit Court of doned in April 1974. The clock was turned the Aerospace Corp. was incorporated Appeals for Second Circuit, New York back. The reason for the abandonment of under the laws of the State of California City. From June 1939 to February 1940 controls was not an ideological change of June 3, 1960, to render scientific and and from July 1940 to February 1941. he heart, on the part of either the population engineering services for the U.S. Gov was an attorney in the Office of the or their political leaders. The reason was that ernment. It was formed at the request of Solicitor General, Department of Justice, controls were a conspicuous and disastrous Washington, D.C. He served as law clerk failure. the Secretary of the Air Force to aid the A second consideration that leads us to U.S. Air Force in applying the full re to Mr. Justice Frank Murphy of the U.S. believe that deregulation can be a politically sources of modern science and technology Supreme Court from February 1940 to rea.llstlc option ls the fa.ct that many of the to the problem of achieving those con July 1940. most questionable forms of regulation are tinuing advances in ballistic missiles and Drafted into the U.S. Army in Febru of fairly recent origin. True, we have had military space systems which are basic ary 1941, Mr. Huddleson served in the regulation of railroads since the 1880s, and to national security. In recent years, a Counter Intelligence Corps. He was com regulation of financial markets since the portion of the corporation's high tech missioned in April 1942 and served in 1930s. But the really big wave of government military ~ntelligence in Washington. direct intervention in the economy has oc nical competence has been directed to curred during roughly the past 10 years. we ward solutions of the Nation's civil D.C., and m Oahu, Hawaii. He was re now have large areas of government regula problems. leased from the Army in January 1946 tion in: product safety, occupational health The control, supervision, and direction with the rank of lieutenant colonel. and safety. water and air pollution, equal of the general management of the cor From January 1946 to December 1946 employment opportunity, etc. poration are vested in the board of Mr. Huddleson was Director, Speciai The objection to most of these recently trustees who are leading citizens selected Projects staff, U.S. State Department, int roduced forms of regulation is not that to provide representation from each of under the special assistant for research their intentions are wrong. No one will de and intelligence. He left the State De fend pollution, or discriininatlon, or hazard three classifications: industrial trustees, ous conditions of employment. The objection who are from or representative of indus partment in December 1946 to become ls rather that regulation is not always the try; academic scientific trustees. who are Deputy General Counsel of the u .S. most effective, or least costly, way of achiev .from academic institutions of higher Atomic Energy Commission. ing admittedly desirable ends. learning or are engaged in scientific re He left Government service in Janu The main point, however, is that much of search and development, or who devote ary 1949 to become a partner in the San our regulat ory apparatus is rather recent. a majority of working time to the service Francisco law firm of Cooley, Crowley & In suggesting a new look at the posslb111ties of such academic institutions or to scien Gaither, which later became Cooley, of deregulat ion one ls not proposing the un Godward, Castro, Huddleson and Tatum. winding of a historical process that has been tific research and development; and going on since our great-grandfathers' time. public interest trustees, who have an He is married to the former Mary It ls more in the nature of taking a look at awareness and appreciation of the public Taeusch. They had three children: Mi the results of a 10-year experiment. and governmental interest in the cor chael S., deceased, Edwin E., m. and The mounting tide of government regula poration's projects. I believe that those Mary Catherine. tion ls one aspect of the increasing tend who have had the opportunity to become In recognition of his contributions ency toward government activism during the familiar with the work of Aerospace will during his years of military service, Mr. past decade. The results are now in: we have agree with me that the company's tech Huddleson was awarded the Legion of an economy plagued by inflation, unemploy nical and managerial accomplishments Merit. His service to the Nation was ment slow productivity growth, declining again recognized on the occasion of his real wages, energy shortages, a breakdown attest to the faithfulness of the board's in the transportation system, etc., etc. Surely administration of its responsibilities. leaving the Aerospace board of trustees governmental activism-in all its aspects, Mr. Huddleson was elected to the when Secretary of the Air Force John including regulation-has been a. conspicu board June 4, 1960. He was elected vice L. McLucas presented to him the U.S. ous and disastrous failure. It ls those who chairman September 11, 1971, and Air Force Exceptional Service Award, refuse to see the clear evidence o! this that served in that capacity until Septem- its highest civilian award. Accompany- 35254 EXTENSIONS OF REMARKS November 5, 1975 ing the award was the following citation have further ratified the Internal Reve shut down on the construction work at Nas sau Community College putting four hun which was read at the presentation. nue Service's refusal to keep adminis dred more people out of work. At the same CITATION TO ACCOMPANY THE AWARD OF THE trative rulings, such as private letter time construction on the seriously-needed Am FORCE EXCEPTIONAL SERVICE AWARD TO rulings, secret and moribund. There is Suffolk Community College ea.st a.nd west MR. EDWIN E. HUDDLESON, JR. an untold amount of information al campuses ha.s been stopped, throwing addi Mr. Edwin E. Huddleson, Jr., distinguished ready accumulated in these rulings that tional construction men out of work. himself by exceptionally meritorious public the public has every right to know. Con The ripple effect ha.s many other serious service as a charter member of the Aero gressman PicKLE's amendment is the ra.mifica.tions here, Just a few houra from space Corporation's board of trustees from first step toward public disclosure. Ma.nh.a.tta.n. Thousands of our citizens work 1960 to September 1975, and as vice chair to my in New York City for the City Government, man of the board since September 1971. Dur Mr. Speaker, I want praise col including police a.nd firemen. Many of our ing this period Mr. Huddleson was instru league for his work in the full commit businesses in Suffolk provide goods and serv mental in the development and maintenance tee in this area of administrative change ices to the city of New York. These vendors of a sound technical organization capable of as well as his dedication and diligence in not only face the danger of not being paid foreseeing and meeting technical require the Oversight Subcommittee which I but they are also threatened with the loss of ments of the United States Air Force. His chair. goods a.nd services dependent on cash now broad grasp of Government/industry rela for operations will fail. Thousands more will tionships and his special understanding of be added to unemployment a.nd welfare rolls nonprofit public service organizations have MORE EVIDENCE OF WIDESPREAD throughout the area.. enabled the Aerospace Corporation to per In addition, many agencies of our govern form its role in aiding the United States Air HARDSHIP IF NEW YORK CITY IS ment, and our school districts, are already Force in applying the full resources of mod ALLOWED TO DEFAULT running into great diffculty floating bonds. ern science and technology to the problems Those bonds that they can sell are already of achieving those continuing advances in costing millions more in interest than in the ballistic missile and rnilltary space systems past, putting a. great strain on budgets, a.nd which are basic to national security. His ef HON. THOMAS J. DOWNEY this inevitably means the loss of jobs by forts constitute a.n example of outstanding OF NEW YORK many of our school's teachers. public service by a private citizen in sup IN THE HOUSE OF REPRESENTATIVES The devastating affect of a New York City port of the Air Force's participation in the default will cause incalculable difficulty in national defense and space programs, there Wednesday, November 5, 1975 conducting the normal affairs of our county. by reflecting great credit upon himself and Mr. DOWNEY of New York. Mr. The so-oalled domino effect Will be endless. earning for him the sincere gratitude of the Speaker, Suffolk County, N.Y., a subur The failure to achieve financing will also af United States Air Force. ban rural county on the eastern half of fect hundreds of communities in the entire greater metropolitan area including North Mr. Speaker, I would like to add my Long Island, is not widely recognized as ern New Jersey, Connecticut, West Chester own congratulations to Mr. Huddleson a hotbed of partisan liberalism. Its rec and Rockland counties. for his distinguished service and to send ord of electoral support for statewide and I therefore respectifully implore, on be every good wish for the future. The Na national politicians of the Republican half of the working men a.nd women of Suf tion is fortunate to have men such as he persuasion has been widely hailed and fork County a.nd neighboring municipalities serving in these important capacities. · almost legendary in its biannual recur not to mention the communities across the rence. But strange rumblings have been Nation that wlll be affected, that you use the influence of your office in every wa.y possible noticed in the hustings. to bring about legislation that will give New There is little question that the Dem York City the time it needs to get on its feet IN COMMENDATION OF ocratic ca;pture of a majority of the without the tragedy of default or Bank J. J. PICKLE county legislature on Tuesday reflects a ruptcy. grassroots revolt against the economic Lou V. TEMPERA, brinksmanship currently being foisted Commissioner, Suffolk County HON. CHARLES A. VANIK upon the American people by the admin Department of Labor. OF OHIO istration. It further reflects a truth that becomes more apparent daily: that clear IN THE HOUSE OF REPRESENTATIVES thinking members of even the President's Wednesday, November 5, 1975 own party reject his punitive and coun UNFORTUNATELY, THE PENTAGON LOSES A TALENTED LEADER Mr. VANIK. Mr. Speaker, I want to terproductive approach to the New York take this opportunity to direct the atten City tragedy. tion of this body to the efforts of our Mr. Speaker, I recently received a tele HON. JACK F. KEMP colleague from Texas, JAKE PICKLE, to gram from the Suffolk County Commis OF NEW YORK remove the shroud of secrecy from pri sioner of Labor, a high ranking official of IN THE HOUSE OF REPRESENTATIVES vate ms rulings. In yesterday's ex the Republican county administration. tended consideration of an extremely His message rings loud and true, and l Wednesday, November 5, 1975 complex tax reform bill in the Ways and wish the President would heed it. It is Mr. KEMP. Mr. Speaker, I take this Means Committee, Congressman PICKLE reproduced below, and it is worth read time to register my disappointment and found and corrected two major portions ing. disapproval of the firing of James of the ms Administrative Provisions HAUPPAUGE, N.Y., Schlesinger as Secretary of Defense. October 30, 1975. agree title. His vigilance and forethought, to Congressman THOMAS DOWNEY, While no one can with anyone gether with his effective arguments to Congressional Office Building, else 100 percent of the time, I believe Mr. the committee, led to votes to strike two Washington, D.C. Schlesinger was one who, more than any sections that would have served to per As Commissioner of Labor of Suffolk other, foresaw the false blandishments of petuate the closed door secrecy that pre County New York I a.m deeply concerned and Soviet promises. He warns us against vents the general taxpayer from know apprehensive a.bout the catastrophic ripple letting the Soviets substitute rhetoric for ing about private tax rulings which may effect that a. New York City default wm results. I sincerely hope that he was not substantially affect his tax obligations. visit upon us in terms of jobs. fl.red for speaking the truth, but I suspect An 111 New York City, allowed to collapse, The first Pickle amendment removed can bring illness also to the twelve million that he was. a section of title XII that would have people who live in its environs. Here in Suf I urge him to continue to speak out, as allowed the ms to keep any "written folk, where we have forty-three thousand we need his insight now more than ever. determination" from the public even if people unemployed a.nd where we have had a This article by the able Wall Street Jour instructed otherwise by "any court" persistent unemployment rate averaging over nal writer Richard Levine sheds some apparently meaning even the U.S. Su 6 percent for the past forty-two months, our interesting perspective on this issue and preme Court, thus effectively establish one and a quarter mlllion people would be I include it at this point: affected adversely in many ways should New ing an ms supremacy that could not be THE PENTAGON LOSES A TALENTED LEADER York City be permitted to go under. Our touched. Congressman PrcKLE convinced construction industry a.lone is currently suf (By Richard J. Levine) the committee that the section made no fering a thirty-five percent unemployment WASHINGTON.-Defense Secretary James sense and it was defeated. rate with thirty-five thousand construction Schlesinger, fired ln the Sunday night mas The second Pickle amendment struck workers out of jobs. Yet, as a. result of the sacre, deserved better treatment than he re language, also in title XII, that would present crisis in New York City, the State ha.s ceived from "Nice Guy" Jerry Ford. November 5, 1975 EXTENSIONS OF REMARKS 35255 For in the opinion of many experts Mr. As congressional resistance stiffened, Mr. years ago, and it's sending its best com Schlesinger rates as one of the strongest Schlesinger lashed out more harshly and manders and weapons into Western Europe. Pentagon chiefs ever. An authentic defense frequently at the Congress, upsetting not To convince the Air Force and the Navy authority before he arrived at the Pentagon, only lawmakers but also the President. He of the wisdom of choosing less sophistlcated he brought firm and innovative leadership to was convinced that a world in which the and expensive aircraft, Mr. Schlesinger also a military establishment that had been de Soviet mllitary was clearly superior to Amer used an incentive. He kept pointing out that moralized by the Vietnam war. ican forces would be vastly different from the two services could purchase cheaper He helped restore the military's morale and the current one, with the Western democ weapons in much larger numbers, thus in muscle. And in the process he defined in pub racies forced to bow to Soviet pressure creasing the size of their forces. lic statements a logical relationship between tactics. Mr. Schlesinger's relationship with the America's military might and its political "Today, in contrast to the situation that Joint Chiefs of Staff was excellent. He had role in the world, produced a new doctrine of existed before 1945, there is no acceptable selected all five members, and he thoroughly strategic nuclear deterrence, and prodded the alternative to deep and steady American enjoyed his bull sessions with them. "Some services into accepting cheaper, simpler support of, and participation in, the secu times on a late, relaxed Saturday afternoon, weapons. rity of other free states," Mr. Schlesinger I'll wander down to his office just to talk These aren't insignificant achievements for warned last spring in one of his favorite about some ideas I have, without any fixed the leader of a huge bureaucracy that has handcrafted speeches. "The only alterna agenda, and end up spending two or three defied the direction of many Secretaries. tives are either 'Finlandization' or 'Po hours," one of the chiefs said a few weeks Clearly, Donald Rumsfeld, the 43-year-old la.ndization,' depending on whether one hap ago. "The discussion never gets back to the White House chief of staff and former Illi pens to be an optimist or a pessimist. Such staff, which promotes a free flow." nois Congressman whom the President picked an outcome might be tolerable to the rela The relaxed open-ended discussion (Mr. for the Pentagon post, has an impressive act tively few advocates of 'Little America;• it Schlesinger was almost impossible to keep on to follow. Mr. Rumsfeld's qualifications for would be wholly intolerable to everybody any kind of schedule) seemed to flow natu the job aren't obvious; at one point in his else." rally from his academic background. Before Monday night press conference, President Public musings such as these were what entering government as an assistant budget Ford felt impelled to note th.at Mr. Rums led an administration policy planner to ob director at the start of the Nixon administra feld once had been a "naval aviator." serve recently, "Schlesinger is the kind of tion, he had been at the Rand Corp., the Uni Secretary Schlesinger had weaknesses. He man who al ways sees the bottle as half versity of Virginia and at Harvard Univer could be extremely arrogant, delighting in empty rather than half full." sity, where he had a Ph.D. in economics. overwhelming an opponent with the force of When asked the other day about his In his spacious office on the Pentagon's his own intellect. He could be unpleasant and gloomy outlook, the Defense Secretary de E Ring, a pipe clenched in his teeth and a unfeeling in personal relationships. "His idea scribed himself as an "analytical pessimist can of Sir Walter Raleigh tobacco at his feet, of small talk is to say, 'good morning,' some and a spiritual optimist." In the long run, he could expound brilliantly for hours on the times," says a close aide. "We're all pieces of he believed, things would turn out okay be Strangelovian complexities of nuclear str'l.t furniture as far as he's concerned," says an cause the American public wouldn't allow egy, or the Navy's difficulty in adjusting to other official. the nation's military capabllity to be sliced a world without giant aircraft carriers. These character traits obviously hurt him away. That ls where he was most comfortable in his relations with Congress, where he had But if Mr. Schlesinger couldn't get Con and most effective. problems recently defending his budget. But gress to approve his full budget requests, in view of his overall record at the Pentagon, he could use the available resources more Mr. Schlesinger was removed from office in a efficiently. And shortly after he arrived at shabby fashion. the Pentagon in June 1973, he began a ma NATIONAL ENERGY POLICY Last Saturday at noon, he was at the White jor reexamination of the nation's plans for IS ESSENTIAL House for a routine meeting with President deterring nuclear war. Ford on a broad range of defense issues. There What emerged from that exercise was a wasn't any hint of what lay immediately new policy that placed much greater stress HON. HAROLD T. JOHNSON ahead. Later in the day, he received a call on the ablllty of U.S. missiles and bombers OF CALIFORNIA asking him to be at the White House for an to destroy Soviet military targets as well 8:30 meeting Sunday morning. There, the as population centers. He contended that IN THE HOUSE OF REPRESENTATIVES President fl.red him and then left him this capability was needed to give the Presi Wednesday, November 5, 1975 dangling for more than 24 hours while the dent "a reasonable range of options" in case news leaked out. deterrence failed, an alternative to launch Mr. JOHNSON of California. Mr. Dismissed abruptly and deeply disturbed ing a full-scale retaliatory attack on Russian Speaker, a short time ago my colleague, over what's happening with U.S.-Sovlet cities. JACK KEMP, and I hosted a breakfast at detente and to the Pentagon's budget, Mr. To develop these options, Mr. Schlesinger which the subject of the need for an Schlesinger may well choose to continue asked for a.nd got congressional approval and adequate and responsible national policy speaking out on national security issues in money to develop much more accurate and as it relates energy was discussed. the months ahead. Soon after the news of to powerful warheads. All this dismayed many As it was emphasized during this meet his firing became public, the Secretary began arms control experts, who believed it in receiving requests to testify before Congress. creased the likelihood of nuclear war by giv ing, short term economic survival and Such testimony, sure to be marked by ing government officials the false idea. that long term economic growth are primarily Mr. Schlesinger's candor, wouldn't be help any nuclear hostility could be contained geo dependent upon this Nation's ability to ful to a Republican President already re graphically and with a minimum of civilian be self-sufficient in energy supply. A garded suspiciously by the conservatives in deaths. It also disturbed the Soviets, who comprehensive proposal to accomplish his own party for failing to take a suffi immediately began attacking Mr. Schlesinger this was set forth by Mr. Thomas W. ciently tough line with the Soviets. a..s a. dangerous warrior out to undermine de Ferguson, Jr., vice president of the Na Essentially, Mr. Schlesinger was much tente and "bring back the Cold War Corpse." more skeptical of the Soviets and detente In his second year on the job, Mr. Schlesin tional Gypsum Co., Buffalo, N.Y. than is Secretary of State Henry Kissinger, ger turned his attention to the conventional, Mr. Ferguson is an old friend with his arch-rival for power and inftuence. And or genera.I purpose, forces under his control. whom I have been associated since he they clashed frequently over such issues as With Vietnam fading, he focused on Central first became manager of a plant in Rose the Strategic Arms Limitation Talks, or Europe (where 777,000 ground troops in the ville, Calif., my hometown, constructed SALT, with the Defense boss insisting that West faced 930,000 men from Warsaw Pact and operated by one of the subsidiaries the U.S. hold out for Soviet concessions. countries) and the state of the U.S. Army at of National Gypsum; namely, American As Mr. Schlesinger saw it, Soviet military home and abroad. power was increasing as U.S. power was de The Pentagon boss was convinced that the Olean Tile Co. I might note that Na clining, thus jeopardizing the essential ele American Army suffered from two major ills: tional Gypsum and its subsidiaries is a ment in his global strategy-maintenance It contained too few combat divisions and too broad-based organization which has of a "world-wide military equilibrium" be many desk soldiers. To remedy the situation, plants and operations in nearly 77 con tween the U.S. and the Soviet Union. To Mr. Schlesinger made a deal with the late gressional districts. With this broad reverse what he thought were dangerous Creighton Abrams, Army Chief of Staff-if scope of interest, I thought it appropriate trends in the power balance, Mr. Schlesinger the Army would eliminate the unnecessary to share with my colleagues the remarks tried to convince Congress that Pentagon staff jobs, it could use the manpower to cre budgets should increase annually in "real ate three new divisions. The Army jumped made by Mr. Ferguson at that breakfast terms"-that is, by more than what's needed at the opportunity. meeting and, accordingly, include his to offset the effects of inflation and pay The Defense Secretary's task, now suc speech at this point: raises. But in an era of nuclear overkill and cessfully completed, was to sell Congress on "NATIONAL ENERGY POLICY ls ESSENTIAL" $100 billion defense budgets, he wasn't able the idea of allowing the Army to remain at a. Ladies and gentlemen: We have asked you to sell lawmakers on the idea that still more stable personnel level of 785,000. Today, the to be our guests at breakfast this morning was required. Army ls in much better shape than a few so that we could present our views, face to 35256 EXTENSIONS OF REMARKS November 5, 1975 face, about the most singularly important (3) A single Federal agency that will be national economy. Industry must develop new business factor confronting our Nation to responsible for the national energy pro manufacturing techniques that will use less day-the critical shortage of energy. We gram, thus avoiding existing duplication of energy to manufacture our products. The appear before you today on our own, un effort and duplication of cost to the taxpayer. investment required to accomplish these ob affiliated with other businesses or business (This would eliminate splintered respon jectives is substantial and cannot be borne organizations so you can hear precisely the sibility that presently exists as illustrated in without some form of incentive.) importance of energy to our business and the "third report by the Committee on Gov ( 10) Creation of legislation that will pro the need for immediate and positive action ernmental Operations, House Report 94-412'\ vide tax incentives such as investment credit, on your part to create a. comprehensive na dated July 25, 1975. In addition, such a move depletion allowance and accelerated depre tional energy program that will reverse the would eliminate the burden of duplicate ciation to encourage exploration of new en declining trend of energy supply to meet the business reporting costs.) ergy sources. short and long term needs of our country. ( 4) New legislation or extension of existing (Businesses involved in energy supply and Energy, its adequate and timely availabil administrative authority to cause an ac distribution need incentives to assure satis ity, is absolutely essential to the continued curate inventory of reserves of all forms of factory return on investment for the stock operations of National Gypsum Company energy. holders and lending agencies.) and to nearly a.11 indu5try a.s a. whole. (The lack of accurate data on available (11) Natural gas supply is the most critical We are a. "fortune 500" listed company volumes, proven reserves, and status of de of energy forms; therefore, the following employing over 13,000 people at 61 manufac velopment programs can only result in poor should be clearly established: turing plants and some 330 sales and dis planning for both the nation and business (A) Continue to recognize existing residen tribution facilities throughout the Nation. as a whole.) tial usage under priority one. We are a highly diversified and integrated (5) De-regulation of a.11 price controls on (Residential users account for 34% of the manufacturer of building materials. oil, coal and new natural gas, with the ob total but are locked in. We realize that it is The second most significant factor affect jective of creating capital funds and the politically unwise to lower the priority of ing our business is the availability of money incentive to improve our domestic energy residential usage, but I submit to you that to finance new building construction and supply. without a job, how can John Doe pay his rehabilitation of existing structures. {Price controls discourage private invest fuel bills?) Governmental demand and influence in ment due to the lack of assurance of a satis (B) Use of alternate fuels in new residen the money market has a most serious im factory return on investment, to wit avail tial and commercial construction wherever port to our business, to our people, and to ablllty of natural gas on an uncontrolled feasible. business as a. whole because that govern intra-state basis. In particular, de-control (C) Assignment of natural gas under pri mental demand skims the cream off the top. of new natural gas will provide needed new rority two for industrial usage on a.n end In prior periods, this country was led out of volume at no higher unit costs. Diminishing use basis with technical clarification of pres recessionary and depressionary times by the volume of supply will cause a serious price ent definitions. quick rebound of the building industry. rise to cover high fixed cost of the transporta The present definition of process gas is Without the availability of money to meet tion and distribution of natural gas.) too general, allowing allocations on a. sub existing demand for shelter, and without a (6) Elimination of unduly restrictive en jective basis that would be discriminatory to fast step-up in energy supply, this history vironmental protection legislation and in those who have a real technical need. will not repeat itself. terpretative policies regarding: (Definition of process gas-from T.C.A.A. Energy, in the form of coal, fuel oil or (A) Burning of high sulphur coal as a. speech). natural gas, is as critical to us as any of our short term energy source. (D) Uniform curtailment policy at both raw materials since it is an integral part of (B) Burning of high sulphur fuel oil as the state and the federal levels. our processing operations. a short term energy source. (To give you an idea. of the existing chaos, In our cement division, we use almost one (C) Mining of coal to encourage the use our glazed wall t ile plant in Lansdale, Penn million tons of coal per year, and we only and availab111ty of coal as a substitute fuel sylvania employs 1,000 people and has had represent 4 % of cement industry capacity. for other energy forms. a firm gas contract for over 30 years. By the Our annual fuel oil requirements approach (D) The imposed restrictions on, and re very definition in priority two of the Federal 37V2 million gallons per year with 87 % used sultant delays of, nuclear power construction. Power Commission's curtailment schedule, for processing needs in the manufacture of (The pendulum of environmental protec the Lansdale plant is recognized under that gypsum wallboard and related products. Our tion that exists in O.S.H.A. and M.E.S.A. has priority and indeed its usage has been re output in that facet of the business amounts swung in an arc unrelated to the practical ported to the F.P.C. by the supplying utility to about 25 % of that industry. Our natural needs of today. We are wholeheartedly in and pipeline distribution company. gas usage approaches 14 million Mcf/year. favor of environment preservation and im During the heating sea.son 1975-1976, that Natural gas is particularly critical to our 8 provement but not to 100% purity.) plant will pe curtailed 50 % , and since the ceramic tile manufacturing plants since (Much of the strip mining legislation and control of the gas within the State of Penn there is no technically feasible substitute some of the deep mining regulations are too sylvania ts under the jurisdiction of the fuel except propane which is in even more restrictive and costly, thus preventing the State Public Utilities Commission whose pri critical supply than natural gas. use of natural resources which are immedi orities are not in conformance with the Fed our ceramic tile plants use a little over ately a vaila.ble.) eral schedule, we are faced with serious cur 2 million Mcf/year, and the output of our (7) Acceleration of nuclear power plant tailment of the production capabilities and plants is approximately 26% of the domestic construction to minimize the use of other the related unemployment at that plant.) ceramic tile production. energy sources and to provide long term elec (12) Establishment of a specific govern These pairtial highlights of energy usage trical energy requirements. ment-sponsored private corporation to attack reflect the critical nature related to the (As stated in Representative MIKE Mc the long term energy problem. 13,000 Jobs at National Gypsum. I should add CoRMACK's article in the September issue of (It has been proven historically that pri that our usage per employee is well below Nation's Business, nuclear power is the very vate industry, with its expertise, coupled national averages of all manufacturing proc keystone of future electrical supply that will with governmental financial assistance, af essing due to efficiency techniques that have meet the demand for the growth of our coun - fords the best opportunity for solution of the been in place for over two years. try. If present delays continue on nuclear long term energy supply.) We are gravely concerned about our fu power construction, our country's future is The time for demagoguery, more studies, or ture business since we are energy-sensitive black indeed.) attempting to achieve 100 percent of environ and have prepared the following position (Nuclear power, while it requires high cap mental purity has run out. Conservation statement. lta.liza.tion, does result in conservation of must, at home and at work, become a way of Short term economic survival and long other energy forms and does so with a low life. Ill-advised, uncoordinated and disruptive term economic growth are primarily depend fuel unit cost. Incentives are needed to foster regulation which has retarded the develop ent upon this nation's abllity to be self acceleration of nuclear power plant construc ment of the Nation's domestic energy re sufficient in energy supply. To meet that tion.) sources must be removed. objective, the irrefutable needs are: (8) Creation of legislation for encourag The creation of such a comprehensive na ( 1) A comprehensive national energy pro ing voluntary conservation of all forms of tional energy program should not be dele gram with rela.ted positive actions that will energy through tax incentives for both the gated to those who hate industry, to those reverse the declining trend of energy produc general public and industry. who seek personal or political power over it, tion and meet both short and long term (Voluntary conservation with incentives to the irresponsible underlings in Federal bu needs for our country. is the only answer to needed energy conser reaus, nor to the theorists who want to ex (2) Elim.ina.tion of interim governmental vation by both the general public and indus periment. regulatory or administrative authority as try as well.) This task requires the highest skills of soon as adequate energy supplies are (9) Creation of legislation that will pro businessmen who understand the problems developed. vide tax incentives to industrial users as a of government, and Government officials who (We believe that governmental interven means of accelerating the development of understand the problems of industry. It is a tion should be kept to a minimum, used new energy conservation technology. task for realistic and informed men who have only in the cases of emergency situations, {The existing long term projections of do mutual respect for the needs of Government and be self-terminating to prevent continu mestic energy supply clearly indicate to us and industry with a common devotion to the ance of unnecesa.ry costs.) that there wm be little or no growth of our welfare of America. November 5, 1975 EXTENSIONS OF REMARKS 35257
We as a company stand ready to do our pa.rt, [From the Arizona Republlc, Oct. 9, 1975] AMERICAN TELEPHONE & TELEGRAPH and we a.re sure tha.t industry, individually DISGUST FOR U .N. or through the many industrial associations, Population stands ready to help solve the problem. Let's When the United Nations once was gener Date in service or served use the expertise that exists in private in ally considered a respectable forum for main Systems location scheduled (thousands) dustry rather than create new bureaucratic taining some semblance of world harmony, monsters tha.t can only drain the economic the John Birch Society virtually was alone in Alabama: resources of this Nation. its billboard demands to "Get US Out o! The Alexander City ••••••••• October 1972...... 32.0 U.N." Anniston ••.•••••••••••• August 1973...... 84. O We urge you to bury the "political hatchet" Athens.·------December 1969...... 33. O that presently exists between the parties and Time and events seem to prove the Birch Brewton ••••••••••••••• June 19751______8. O Society may simply have been a.head of its Birmingham •••••••••••• July 1970...... 655. O between Capitol Hill and the administrative Childersburg ______October 1971...... 10. O arm of our Government. As a concerned cor time. The U.N. has lost its sacred cow standing. Clanton •••.•••••••••••• July 1968...... 15. O porate citizen, and on behalf of our em Dadeville •••••••••.•••. October 1972...... 3. O ployees, we demand positive action that will Members of Congress, the man on the street Decatur.. ••••••••••.••• February 1972...... 52. O create a comprehensive national energy pro and the media have been showing increased Demopolis ••••••••.•••• December 1971...... 18.0 gram. belligerence to the U.N. Eufaula •••••••••••••••• December 1971...... 20. O OUr ambassador to the United Nations, Evergreen •••••••••••.•. July 1970...... 10. O La.dies and gentlemen-we are here to urge, Fairhope ••••••••••••••• December 1971...... 13. O insist, plead, literally beg, your leadership be Daniel P. Moynihan, has been given the green Flomaton ••••••••••••••• June 1975 1______2. O put into guaranteed effective action not to light to rough up the world body with some Fort Deposit.. •••••••••. February 1974...... 1.0 save our system from being seriously crip of his eloquent derision. Moynihan has told Greensboro •••••••••... July 1974...... 26. O pled-but indeed to prevent total destruction. the U.N. in so many words, that the U.S. ls rartselle ••••••••••••••. February 1972...... 20. O not about to stand by and be pushed a.round ackson ••••••••••••••• February 1973 14. O You are not confronted with a possible or 1acksonville •••••••••••. July 1974.. ...~~==== 23. o even assured long term national serious ill by the rhetoric, or deeds, of Third World asper.. ••••••••••••.•• June 1969...... 42. O rabble. Livingston ••••••••••••. July 1969...... 2. o ness--you are confronted with an already Madison County January 1972.______168.0 sick Nation whose death is certain unless we Just how precise this shift tn attitudes to (Huntsville, Gurley, come out of Rip Van Winkle sleep and ward the United Nations has been is under Madison). really make things happen. scored by the results of a. poll just completed Marion ••.•••.••••••••• August 1971...... 4. o by Arizona. Sen. Paul Fannin. Montgomery ______May 1974...... 169. o You-and only you-can make them hap Phenix City ______April 1974...... 32. O More than ha.If of the 40,000 Arizona voters pen. Piedmont.. ••••••.•.••• July 1974...... 5. o This Nation cannot afford the luxury of who responded to the poll had an opinion Prattville •••••••••••••• October 1973 23. O your !allure. about the United Nations-with 55 per cent Selma .•••••••.•••••••• August 1970_"::===== 30. o saying the U.S. should withdraw from the Sylacauga •••••••••••••• September 1971..... 32. o Talladega .••••••••••••• October 1973 30. o U.N. This majority feeling is a striking con Tuscaloosa ••••••••••••• December 1970~~~=== 114. o tra.st to how the U.N. fared in the public's Tuskegee •••••••••••••• April 1969...... 21. o mind, say 15 yea.rs ago. GET US OUT Perhaps the Arizona mood is not a true INDEPENDENT TELEPHONE COMPANIES gauge of the nationwide mood. And, further more, it's highly unlikely the United States will totally abandon the United Nations. 6. 0 HON. LARRY McDONALD Yet, the Fannin survey, and the growing 8. 0 OF GEORGIA resentment among congressmen about shab 10.0 5.0 by treatment in the U.N., clearly points to 3. 5 IN THE HOUSE OF REPRESENTATIVES ward an end of America's :financial generosity Wednesday, November 5, 1975 to that body. 1 Scheduled. We shoulder the largest financial burden of Mr. McDONAI.D of Georgia. Mr. any member nation. Last year, American tax Speaker, the disillusionment with the payers paid $409,131,000 for the privilege of United Nations is spreading rapidly being a. member, and being abused and re REGULATORY REFORM among the public. As the so-called viled by the coalition of mini-states and· Third World nations add their irra backbenchers who contribute little more than tional antics to the propaganda and hot air. HON. BILL ARCHER demogoguery of the Communist nations, That's 31.4 per cent of the United Nations' OF TEXAS total expenditures, including massive "special the average American sees less and less programs" which are nearly seven times more IN THE HOUSE OF REPRESENTATIVES use of financing the largest continual costly than just basic operations. Wednesday, November 5, 1975 cocktail party on the Hudson. The John While the United States faithfully pays and Birch Society recently delivered peti pays and pays, notable members such as Rus Mr. ARCHER. Mr. Speaker, I would tions to Capitol Hill containing signa sia. and France remain millions of dollars in like to commend to the attention of my tures of 2,685,000 persons who want us arrears in dues in violation of the charter. colleagues the following statement de out of the United Nations. Symptomatic A Democratic Florida congressman, Rep. livered last week before the Subcommit of this growing feeling is a recent edi Robert Sikes, has taken to the floor in recent tee on Administrative Law and Govern months to denounce the inequity of U.S. pay mental Relations of the Committee on torial that appeared in the Arizona Re ments, and the corresponding a.buses suffered public on October 9, as well as a poll on the Judiciary, by the Honorable DEL in the U.N. He argues a fixed limit should be CLAWSON of California. the U.N. taken by Senator FANNIN that imposed by Congress on our U.N. contribu was reported in the Arizona Republic on tions. Mr. CLAWSON's observations concern October 4, 1975. Both_items follow: Rep. Sikes ts right. ing H.R. 8231, whereby Congress may [From the Arizona. Republic, Oct. 4, 1975] Nothing gives his argument better timing, prevent the adoption by the executive and support, than sen. Fannin's poll reflect branch of rules or regulations which are FANNIN POLL FAVORS END TO U.N. TlEs ing the disgust of ordinary taxpayers. either contrary to law or inconsistent WASHINGTON.-Arizona.ns replying to an with congressional intent of the legisla opinion poll taken by sen. Paul Fannin, R Ariz., want the United States out of the tion which they are designed to imple United Nations, the lawmaker said Friday. ment. deserve the careful consideration of the Congress. He said 55.5 per cent of those replying an "911" HOT LINE FOR EMERGENCIES swered "No," to the question, "Should the STATEMENT BY THE HONORABLE U.S. remain in the United Nation?" DEL CLAWSON Fannin said those who sa.ld the country Concerning H.R. 8231, a bill to establish a should stay ln the United Nations frequently HON. J. EDWARD ROUSH method whereby the Congress (acting in ac suggested that U.S. financial support be cut OF INDIANA cordance with specified procedures) may drastically. IN THE HOUSE OF REPRESENTATIVES prevent the adoption by the executive branch of rules or regulations which a.re contrary He said 92 per cent of his respondents Wednesday, November 5, 1975 favored regulatory reform. They also listed to law or inconsistent with congressional in Mr. ROUSH. Mr. Speaker, today I am tent or which go beyond the mandate of the inflation, crime, energy, national defense, legislation which they are designed to im unemployment, drug use and pollution as continuing my full account of the cities plement. their chief worries. throughout the United States, by State. Mr. Chairman and members of the com More than 40,000 persons answered the which have adopted the "911" emergency mittee, thank you for your courtesy permit poll, he said. telephone number: ting me to testify today concerning H.R. 35258 EXTENSIONS OF REMARKS November 5, 1975 8231, my bill to establish a method whereby the mail, as it means more precious time mous comments for the record of these hear Congress may prevent the adoption by the devoted to going over perhaps a change in ings can be excused on grounds the reference Executive branch of rules or regulations their regulations. All in all, it sometimes 1s peculiarly appropriate. "The time ls out of which are contrary to law or inconsistent seems it ts too much bother and expense to joint; Oh cursed spite that ever I was born with Congressional intent or which go be even try to formulate and sell the prod to set it right." There ls enough genuine con yond the mandate of the legislation which ucts ... and have-heard of many small busi cern in the Congress as evidenced by some of they are designed to implement. One hun nesses who have discontinued these lines the recent votes on amendments s1milar to dred and thirty-six of the Members of the because of this." the legislation under consideration to earn House have indicated their interest through To criticize Congress as "unresponsive to the Chairman and the members of this Com cosponsorship. Senator Brock informs us he the real concerns of the people at home" mittee commendation for their sense of the has been joined in co-sponsorship by Sena would be to ignore the increasing volume of fitness of things in conducting these hear tors Helms, Muskie, Baker, Eastland, Hud legislation directed specifically at the more ings. At the very least this problem of rules dleston, Fong, Domenic!, Beall, Fannin and arbitrary rules and regulations. We requested and regulations which go beyond the man Young. Congressional Research to compile a list of date of the law they propose to implement A review of the record of these hearings such bllls for a single month this year, se deserves examination. inspires gratitude for the contributions of lecting March as a "midway" point. While H.R. 8231 would provide that whenever any my colleagues and the other expert witnesses CRS wouldn't vouch for the accuracy of the officer or agency in the Executive branch of who have been called to testify. list, and I am sure we missed many bills the Federal Government (including any in We have been asked just what bureau which were stated in positive terms without dependent establishment of the United cratic excess led to the introduction of our reference to the offending regulations, we States) proposed to prescribe or place in ef· blll. The answer ts that like many legisla came up with a list of over 84. fect any rule or regulation to be used in the tive decisions it was slow and evolutionary. Against this background of gathering con administration or implementation of any law It was more like the uneasy physical proc cern, our former colleague and fellow Mem of the United States or any program estab ess which begins with that first twinge in ber of the Rules Committee, Clem Mcspad lished by or under such a law or proposes to a tooth. From then on the tongue just nat den received an interested hearing when make or place in effect any change in such a urally keeps track of the trouble spot and he appeared before the Rules Committee in rule or regulation, such officer or agency shall takes note of each new twinge. After a while, October of last year in support of his bill, submit the proposed rule, regulation or the toothache isn't much of a surprise and H.R. 11374 of the 93rd Congress, a bill "To change to each House of Congress together neither is the eventual trip to the dentist. return to the Congress those things which with a report containing a full explanation. Like most Congressional offices we have shall reflect the intent of Congress without The proposal wlll become effective sixty our share of complaints from people at home . bureaucratic misinterpretation." I am un legislative days thereafter or at such later exasperated at the extent of Federal regu der the impression that the agency depreda time as may be required by law, or specified lation and the fraquently overzealous en tion which drove him to introduce the btll by the rule, regulation or change itself or forcement of Federal rules and regulations involved a loan program of the Department the report submitted with it, unless within which seem to rival each other in complex of Agriculture for livestock producers and that time either House of Congress adopts a ity and capriciousness. We gradually became the rules governing the definition of live resolution of disapproval because it ts con aware of the voluminous correspondence en stock producers. trary to law, inconsistent with Congressional gendered by rules and regulations which It was a major disappointment that the intent or goes beyond the mandate of the seemed to save only the most tenuous rela schedule last year didn't permit us to fol legislation it is intended to implement. Pro tionship to the legislation they were de low through on this legislation before final vision ts also made for adoption of a con signed to implement. For example, the EPA adjournment of the last Congress. When it current resolution specifically approving the parking rules. My colleague Congressman became apparent that we couldn't act last rule, regulation or change. Upon the adop Danielson has already indicated the disas year, we began to work out, through con tion of any such concurrent resolution the trous economic impact of those regulations sultation, the details of this legislation rule, regulation or change may become ef on the Los Angeles basin. The FDA vitamin which was introduced this year in final form fective immediately or as soon thereafter as regulations are another glaring example. as H.R. 8231, with cosponsors from the House ts permitted by law. The 33rd District of California which I Judiciary Committee and the House Rules Special provisions for discharging a dis represent is an area of Los Angeles County Committee to which it was, as you know, approval resolution are not included in H.R. which houses diverse industry, ranging from jointly referred. 8231 in the belief that the danger of un aerospace contractors and subcontractors to When ... the Occupational Safety and duly burdening the House calendar with food processors and most forms of manu Health Administration can require that ve discharge petitions does not balance what facturing. Many of our people work in indus hicles at construction sites must be equipped experience indicates are relatively minor tries which while not within the District a.re with back-up alarms. But when that agency potential difflculties for individual members in the greater Los Angeles area ... some I also requires that employees wear earplugs in obtaining full hearing of their objections suspect in the adjacent Districts of two as a protection against the noise, thereby by colleagues on the responsible committees. members of the Subcommittee. The follow making it difflcult to hear the alarms ... We do rely on the Committee system which ing complaints are typical of many: Or when, according to Dr. Murray L. has, in our opinion, served Congress well, and "These regulations a.re so far from what Weidenbaum, distinguished economist and recognize the concern that the volume of I believe and understand the way a free en author, the EPA can tell the Department of rules and regulations referred to the com terprise system is supposed to work. Man Agriculture it is imposing severe restrictions mittees might prove a burden. However, a agement of our company is sick and tired on the use of pesticides to kill fire ants. review of the Annual Federal Register Index of all the Federal, State, County and City But the Department had a major program for 1974 reveals that in some areas of ad laws and rules and regulations. They a.re im under way to get rid of them. Now the De ministration a whole spate of regulations possible to comply with." partment says EPA's ruling makes it impos on one subject were issued simultaneously. "At a time when we should be doing sible to carry out its eradication program. Many of these can obviously be dismissed everything we can to stimulate our economy, So the Department thinks fire ants may as not meeting the criteria for action out the FHA Certification Program actually hin spread over a third of the United States ... lined in our blll. These would appear to in ders it by requiring additional manufactur as far north as Philadelphia. Fire ants may clude in-house rules, personnel directives, ing costs that are not reflected in the value not harm the environment as much as pes etc. The determination could be made easily of the carpet. In effect, the average Ameri ticides. Their bite however is not only pain by the committees. We have deliberately can consumer who buys carpet 1s penalized ful but can even cause death. refrained from specifying exemptions be by having to pay for the additional costs for Or when a single individual, according to cause of the view that the very tendency of the report of Mr. David Swoap to Congress loose bureaucratic interpretation of the backmarking, Administrator's fees, labora man Michel, can be altering the guidelines tory testing costs plus a yardage fee for statutes would immediately gravitate to the under which the food stamp program is ad loopholes. every square yard manufactured as man ministered, $5,050 for a family of four before dated by FHA." The development of the Space program in taxes or $5,050 after taxes thereby increas my home town of Downey acquainted me ... "I ( along with many other small busi ing the scope of the program without ap ness owners) have been perturbed by the ex with the advantages of "fall-out" benefits proval of either OMB or Congress. which accrue from one activity and ulti cessive time and work it takes to try to Or when the Department of Transportation process a product through EPA so we can mately benefit other disciplines. I would can issue regulations in effect creating a new hope it ts not too ambitious to expect similar sell to our customers. level of government called "Metropolitan "Just a week or so ago we had an inspector Planning Organization" which in the opinion fall-out from the form of legislative review from the San Francisco office spend at least of our cities in Los Angeles County will re of Administrative rules and regulations pro % a day of my time, along with our plant move the last vestige of local decision-mak posed in H.R. 8231. personnel, checking imprinted bottles, as ing in the area of city streets and county First, I believe we could assure many well as printed labels. This was a very simple highways from City Councils and Boards of individuals in this country, and interest product mix with water. Heaven knows how Supervisors ... not through the elective groups who are not large or powerful enough long it would have taken if he had chosen a process, but by Administrators of the Depart to afford costly litigation that their valid more complicated formula! It is getting so ment of Transportation.... complaints wll1 be heard. These people don't we hate to see an EPA envelope show up in Then revising and extending Hamlet's fa- enjoy a favored relationship with their regu- November 5, 1975 EXTENSIONS OF REMARKS 35259 lators. They are "disenfranchised.. in this characteristic of relations between the two Justice, past president of the Illinois new form of law-making by non-elected gov branches. Although the founding fathers Planning Commission-there could be ernment officials. established a system of checks and balances presented a seemingly endless list of the Secondly, while lt ls true that there would to foster a healthy tension between the sepa mayor's involvement in his community be increased duties for Congressional com rate arms of the Federal government it is mittee staffs, we would hope there might doubtful they had in mind open warfare. and State. also be a decrease in rules and regulations This last objective may appear too ambi Yet, no matter what achievements are the bureaucrats are aware, fall within the tious, but we can't be faulted for trying. sighted on paper, there is still missing "gray area ... from any such roster the "achievement" Thirdly, the problems of policing conflict of being a most extraordinary human ing rules and regulations has been mentioned being with a special warmth and endear as one of the most exasperating concom MAYOR DUMKE ELECTED PRESI ing personality. Perhaps I can sight just mitants of Federal regulation. In a recent television panel on regulatory reform con DENT OF THE ILLINOIS MUNICI one incident that will demonstrate the ducted by American Enterprise Institute PAL LEAGUE caliber of this man, not just as a public former Governor of California, Ronald leader but as a human being. Reagan observed "Back when we were sub In 1967 Oak Lawn was hit by a dev sidizing agriculture and had the subsidy HON. MARTIN A. RUSSO astating tornado. The town was at a program I uncovered an incident of my own OF ll.LINOIS standstill; the havoc and ruin appeared where we had six government agencies that IN THE HOUSE OF REPRESENTATIVES overwhelming. Mayor Dumke was on his were spending $35 million telllng poultry Wednesday, November 5, 1975 feet 3 solid days, on the crutches he raisers how to improve egg production. A has used since his bout with polio. He seventh government agency was spending Mr. RUSSO. Mr. Speaker, I have the $12 milUon buying surplus eggs, and this privilege of being friends with a unique never once slowed down. He seemed to can be duplicated a thousand times ... be everywhere, bringing hope and cour and wonderfully warm and gifted hu age to the citizens, supervising the re The form of oversight with teeth provided man being. This fine gentleman would by our legislation would at least require covery program, finding people places to review by one other single governmental en deserve recognition just for the kindness, live, arranging for the rebuilding. He tity, the Congress, and provide a better decency and strength he brings to situ pulled that town back together and from chance for uncovering these costly duplica ations and to all who know him. But in 5:30 Friday, when the tornado struck, tions than now extsts. addition to these sterling qualities of until Monday, Mayor Dumke was a "tor Fourthly, as a member of the House Budg character, he has excelled as a leader et Committee and one of the House con nado" himself. in municipal affairs and as a talented So, today I want to pay special and ferees on the Budget legislation of the last public servant. Serving in his fourth term Congress, I would hope that as a result of the heartfelt tribute to Mayor Dumke and increased attention provided by this legis as mayor of Oak Lawn, Ill., he was re congratulate him on his election as pres lation, the vast body of rules and regula cently elected president of the Illinois ident to the IDinois Municipal League. I tions already on the books might be re Municipal League. I can think of no in know I speak for many people when I viewed. Everyone who has ever watched dividual more deserving of this honor commend him for his past accomplish· "Mission Impossible" on TV knows the value than Mayor Fred M. Dumke. ments and wish him continued success in of self-destructing directives. Unfortunately Mayor Dumke is a most persuasive and it is a requirement difficult to achieve in far-sighted leader who is responsible for the future. Federal programs. But I hope we will give it instituting the highly effective council some thought and that new rules and regu lations might be related to those already in manager form of government in oak SOLAR ENERGY MUSEUM TO effect as they are evaluated by Congressional Lawn. He has been in the forefront of TRAVEL NATIONWIDE committee experts. efforts to better municipal procedures. A fifth form of beneficial fall-out might This is not surprising, for he is surely actually redound to the benefit of the bu one of the most knowledgeable people in HON. TIMOTHY E. WIRTH reaucracy itself. Because the "horror stories" the country when it comes to municipal OF COLORADO of bureaucratic abuse of power command our government. While serving for 8 years IN THE HOUSE OF REPRESENTATIVES attention it is easy to overlook the many competent public servants in the agencies as village trustee in Oak Lawn he also Wednesday, November 5, 1975 and the carefully drawn directives which worked diligently in the area of institut adhere to the best principles of rule-making. ing public improvements within the com Mr. WffiTH. Mr. Speaker, I would like In reacting to the legislation, I think some munity, such as storm sewers, paving, to call attention of this House to the of our people downtown are not giving them sanitary sewers. Solar Energy Exhibition program which selves enough credit , especially if they as In addition to the energy and enthusi will sponsor a nationwide traveling mu sume that. Congress will have such a tremen asm he brings to the office of mayor, seum exhibit on solar energy. The exhibit dous task coping with one abuse after an Mr. Dumke still has time for other com is intended for general audiences and other. On the contrary, we may find that the munity involvements. He is a member of will focus attention on solar energy con knowledge of the Congressional veto power servation using the slogan-"the only will tend to reduce the need for Congres the Shriners, Oak Lawn Lions, an hon sional action. As is frequently the case, the orary member of the Sertoma and Oak way to waste it is not to use it." It is also deterrent effect which the mere existence of Lawn Elks. As a member of St. Raphael's designed to increase public awareness the power produces may be of even more Episcopal Church he served as one of and understanding of the technical, so value than its actual use. A good point was the three members on the building com cial, economic and environmental impli ma.de by Commissioner Barbara Franklin of mittee and supervised its construction in cations of solar energy. the Consumer Product Safety Commission cooperation with the Diocese of Chicago The program, sponsored by the Uni during the American Enterprise Institute versity of Colorado at Denver and co Regulatory Reform discussion. After referring and the Bishop. He is executive vice pres to the issue of "accountability" Ms. Franklin ident and one of the principals of George sponsored by the Colorado Chapter of commented ... "I am not elected. I am a per Washington Savings & Loan Association. American Institute of Architects, will son appointed by the President, confirmed by But still there is time for even more establish a nationwide communications the Senate, for a fixed term, seven years. for one with a heart the size of Mayor base to provide interested individuals "How do I really know that the decisions Dumke's; time for working for the Park with information about the heating and that I make ... and I'm going to make a lot Lawn School and the Garden School for cooling of buildings, the stored solar en of them in seven years ... that are going to ergy in winds, water and plants, direct affect a lot of peoples' lives, a lot of dollars ... the retarded, for example. Not only is he how do I really know that what I'm doing is a strong supporter and fund-raiser for solar thermal conversion, electricity from what the public really wants me to do? the YMCA and Boy Scouts, but he has the sun-photovoltaic conversion, archi "I have a concern about that, because I also served as district vice chairman of tectural applications and storage sys could be very insulated. I don't see enough the Timber Trails District and the previ tems. The exhibit will emphasize the po mechanisms to make sure that I'm doing the ous district of Woodlawn. tential and practicality of solar energy. job I should be doing in the public interest." He has served as second vice president Large and small versions of the exhib Finally, I would hope that by providing an of the Palos-Orland-Worth Area Coun its are planned which will circulate orderly framework for resolving some of these through major science and technical disputes which properly hinge on the Execu cil and is also one of the council's 25 di tive and Legislative Constitutional roles, we rectors. Vice chairman of the Chicago centers of the country and also small mu might reduce the sniping which lately seems Cook County Committee on Criminal seums and educational institutions. 35~60 EXTENSIONS OF REMARKS November 5, 1975
Plans call for the exhibit to start travel Most important of these facts is that what New York City crisis. But lt ls complicated ing in the spring of 1976 and continue on we call a city is a legal-geographic trap to dlscuss ln these terms, and uncomfort the road for 2 years. Eventually, a na maintained by the outside majority as a able for those like the President and the tionwide solar communication center will means of isolating problems we are not pre congressional leaders, who have been on the be set up to provide current information pared to face and solve. The historic refusal scene for 25 years while these forces were and educational materials on solar to let most older cities expand their legal gathering momentum unchecked. borders to incorporate the "real cities" they It's so much easier to blame it all on energy. have become makes it ludicrous, if not inde John Lindsay, Abe Beame, the greedy New The exhibit has been designed by Jo cent, for the President and other Potomac York unions and the avaricious New York seph Wetzel and Associates of Stamford, moralizers to lecture New York on the need banks, and pretend lt can't happen else Conn., and is funded in part by NSF. It for self-reliance. where. contains working models, a theater, and The real New York City 1s an area. of some It not only can happen elsewhere, it will. communication center and has been 15 million people, spanning three states. The And who will our "leaders" blame then? legal New York City is a fraction of that structured in a way to allow the host area., With 7.5 mlllion people jammed into institution to supplement its materials its confines. with its own films, symposia, and lists of The selection of which people live inside speakers, researchers, architects, and and outside the borders of legal New York THE PRESIDENTIAL CLEMENCY manufacturers. City is not random; it is the end-product of BOARD'S MINORITY REPORT Mr. Speaker, we are very proud of this two generations of national policy. product of Colorado ingenuity and initi Two great waves of population change have swept through the old cities-an in-gather HON. JOHN M. ASHBROOK ative in the field of solar energy. I hope ing of the poor from the South and Puerto my colleagues will watch for arrival of OF omo Rico and an outflow to the suburbs of more IN THE HOUSE OF REPRESENTATIVES the exhibit in their districts and encour affluent whites. The two streams are not age the public to take advantage of it. equal in volume. New York and most other Wednesday, November 5, 1975 old cities have had net losses of population; Neal Peirce, author-columnist, ha.s estimated Mr. ASHBROOK. Mr. Speaker, as I the New York loss at almost a half-mi111on have pointed out elsewhere in the CON URBAN ILLS people in the past five years. GRESSIONAL RECORD, various news ac And the racial and economic gap between counts and a minority report of four the inner city and its suburbs has grown even Clemency Board members have raised HON. ROBERT W. EDGAR faster than population has declined. Ed substantive questions relating to the OF PENNSYLVANIA Hamilton, the former New York City budget conduct of the President's clemency pro chief, cites figures showing the city's median IN THE HOUSE OF REPRESENTATIVES family income is now only half that of its gram covering deserters and draft Wednesday, November 5, 1975 suburbs. dodgers of the Vietnam war era. That ls, of course, exactly what the Kerner By far the most serious charges con Mr. EDGAR. Mr. Speaker, the House Commission meant when lt warned sevea cerned the Presidential Clemency Board will be considering next week legislation yea.rs ago that "our nation is moving toward which was established over a year ago with far-reaching philosophical, finan two societies, one black, one white-separate and which went out of business on Sep cial and social implications. H.R. 10481 and unequal." tember 15 of this year. The 18-member has evolved amidst extended controver It ls not New York alone that has been panel was empowered to relieve of pros sy, and each of us has been bombarded victimized by these trends. The same kind of change-often at a more rapid rate-has ecution and punishment any convicted with a steady stream of reports, papers, hit Baltimore, Boston, Detroit, Cleveland, deserters, convicted draft dodgers, and and newspaper articles assessing the Philadelphia, St. Louis, Chicago, San those still serving sentences for such vio merits of action or inaction. Many of Francisco, and, yes, even such "new" cities lations. Applicants who applied before these articles have been helpful to me in as Denver and Salt Lake City. March 31, 1975, executed an agreement obtaining an historic perspective into Behind all these trends lies federal policy. acknowledging their allegiance to the the problems of New York City, and an Federally financed farm mechanization pro United States, pledged to fulfill a period insight into the projected impact of the grams cost thousands of farm jobs for south ern blacks; federally financed defense jobs of alternative service under the auspices various legislative proposals which have lured those blacks to the northern cities. of the Director of Selective Service and been advanced. The failure of the federal government to satisfactorily completed such service One newspaper article in particular provide uniform national income mainte would be eligible for such relief. Desert has impressed me with its dispassionate nance programs made it advantageous for ers would be eligible for a clemency dis analysis, yet brilliantly drafted style. The the poor to remain in the northern cities, charge. article, entitled "Urban ms," by David even when the jobs began to move away. On September 15 four members of the Broder of the Washington Post, was pub And, of course, federal housing subsidies Presidential Clemency Board issued a and mortgage guarantees built the new lished today. I recommend it as required suburban communities to which the af minority report highly critical of the reading for those Members who are seek fluent whites fled from those poor-infested composition, staffing, policies and credi ing the essence of what the issues are to center cities. And federal funds built the bility of the operations and decisions of day, and what the issues may be tomor commuter highways on which they made the PCB. An AP release of September 19 row. their exit. stated: URBAN ILLS Never during this process did federal of President Ford's clemency board was (By David S. Broder) ficials say, "This is going to end in disaster stacked with anti-war liberals who distorted President Ford's preference-which is unless we find some way to allow those cities the intent of the program, urged prison in shared by most politicians of both parties in to expand their borders to encompass the mates to apply and voted clemency in cases Congress-is to treat the New York City prob suburbs we have created around them." involving civ111an felony convictions includ lem as the last act of a morality play. The Instead, federal officials said annexation ing rape and murder, four boa.rd members wicked wastrel gets his deserved comeup was a matter of state policy, and most say. pance and is forced to repent for past sins states kept the cities from expanding. Those by declaring default. officials said the city's claims to equality The Veterans of Foreign Wars of the It's a play well-tailored to the anti-govern of representation in Congress and the legis United States, a major veterans orga ment sentiments of the national audience. latures was a matter for the courts. But, by nization opposed to both unconditional It's also a way for the President and like the time the courts got around to enunciat and conditional "amnesty" for draft ing the one man-one vote doctrine, the cities minded politicians to conceal from the coun were already being emptied of all but the dodgers and military deserters, praised try the reality that we face. poor. the minority members for their forth I do not refer here to the financial and right stand in this matter. psychological consequences of a New York Those same federal officials t1;rned their City default. Whatever those are will be backs on yet a third problem-,the problem I insert at this point the VFW release known soon enough. of school desegregation, leaving that, too, of September 19 along with a short sum The concealed reality is that the basic to the courts. And the courts, pursuing their mary of the minority report of the Pres forces that have pushed New York City to own necessarily circumscribed mandate idential Clemency Board's operations: the brink are operating inexorably against have imposed "solutions"-llke busing in VFW LEADER HAILS GEN. LEWIS WALT'S other old big cities, and will leave them the big-city school systems-that have ac LATEST SERVYCE TO AMERICA aqually exposed to fl.n&ncial ruin unless we celerated the fight to the suburbs and the WASHINGTON, D.C.-(September 19, 1975) as a country !ace up to some !acts we have decay o:r the old center cities. Thomas C. "Pete" Walker, National Com spent 25 years ignoring. That is the reality rthat lies behind the mander-in-Chief of the Veterans of Foreign November 5, 1975 EXTENSIONS OF REMARKS 35261 Wars of the United States, today hailed Gen era.I Counsel and his somewhat biased anti count and over one hundred sixty employees eral Lewis Walt, USMC (Ret.), for "telling Vietnam War staff. From this point on, the could not be accounted for. it-11ke-1t-is" in revealing the calculated ef Board became, in effect, a captive of the APPLICANTS fort of the Goodell-dominated majority of Chairman and the Sta.ff, and policy decisions In the first four months of the program, the 18-man Presidential Clemency Board to were made by the Chairman and the Gen only some eight hundred individuals made change President Ford's "earned re-entry" eral Counsel which influenced Board actions application to the PCB. This appeared to be program for convicted m111tary deserters and and results without the realization of Board due primarily to a lack of proper publicity draft dodgers into a mass mechanism for members. and understanding of the program. In Jan unconditional Presidential pardons depart An example of the continual effort of the uary 1975, the members of the Board ini ing totally from President Ford's "earned re Board's Executive Staff to distort the Presi tiated a nationwide publicity program which entry" guidelines. dent's Program was a written proposal by a resulted in several thousand new applica (Mr. Walker continues the V .F.W. position senior staff member to "create some doubt tions. Further, the Chairman, without the of "disagreeing" with the President on his in the minds of people" about the meaning knowledge of the Board, wrote letters to all clemency program "Without being disagree of a Clemency Discharge. In making such a major penal institutions of the United able.") proposal, the Staff member suggested, in a States, advising them that inmates who met General Walt, former Marine Vietnam com memorandum, that "one way to generate the eligib111ty criteria should apply. This mander and assistant Commandant of the such ambiguity" would be to invite Honor penitentiary mail produced over two thou Corps, selected the V .F.W. to "assure that ably Discharged Veterans to request clem sand applications, on which the Board has veterans of America fully comprehend how ency discharges "as an expression of their taken action, and in the majority of cases, the pro-amnesty majority of the President's opposition to the Vietnam War." recommended pardons. In contrast with this Clemency Board distorted and attempted to The idea of using the Presidential Clem is the fact that President Truman's Amnesty defeat the President's guiding concept." ency Board as a. vehicle to incite great num Board refused clemency for all persons hav "Fortunately,'' the straight-talking veteran bers of Honorably Discharged Veterans to ing a prior criminal record of one or more of 41 years of military service continued, "I "express their opposition to the Vietnam serious offenses, stating, "The Board would have been assured that, in light of the Minor War" would be a gross dis-service to the have failed in its duty to society and to the ity Report, which I am furnishing the V.F.W., President. memory of the men who fought and died to the President will take positive action to STAFFING protect it, had amnesty been recommended forestall the cynical effort on the pa.rt of the Since the PCB was only a temporary in these cases." Goodell-dominated staff and Boa.rd majority organization, it was determined by the Changes in board policy and deviation to inundate the White House staff and the President, through OMB, that no funds from the spirit and intent of the Executive President with thousands of recommended would be made available to hire a permanent order and proclamation. pardons, many for convicted criminals. A staff. Rather, all administrative and opera The first significant move on the part of Presidential pardon must be viewed as a. tional personnel would be detailed "on loan" the Chairman and his Executive Staff, in our prized and relatively infrequent occurrence." from other agencies. In the beginning, DOD opinion, was to introduce the word "pardon" General Walt and three of his associates offered its facilities and professional trained into the Clemency decision on each appll on the Boa.rd, Dr. Adams, Mr. Dougovlto an.i personnel to prepare the case summaries, cant's case although the word "pardon" never Colonel Harry Riggs, signed and made avail but this offer was rejected by the Board's appeared once in the President's Executive able to the V.F.W. a. searing critique of the General Counsel. We feel that this assistance would have been a real asset to the Board Order or Proclamation. The Chairman and pro-amnesty bias of the hand-picked major Executive Staff argued that "pardon" and ity of the enlarged 18-person Board. (Gen effort in that the summaries would have been objective and factual. It was turned down "clemency" were synonymous terms and they eral Walt was on the original nine-man won the argument, by claiming the ta.cit ap Board selected by the President in Septem on the grounds that the General Counsel felt the briefs must be prepared by lawyers. proval from the White House, over the stren ber 1974. The Board went out of business uous objection of some of the Board Mem on September 15, 1975 at midnight.) The result was that attorneys were detailed from other agencies to work with the Gen bers. Eventually in the Board decisions and Thomas C. "Pete" Walker, the V.F.W. in letters going to the applicant after the leader, cited General Walt for "his la.test eral Counsel and his associates in the prep aration of applicant cases. Due to the num Board action, the words "clemency" and service to America in blowing the whistle "pardon" were no longer used as synonymous on Goodell and his syncophants and ca.using ber of cases to be presented Within a very short period, the legal staff was augmented terms but were separated and used in the a careful case-by-case review of clemency terms of "a pardon" and a "Clemency Dis requests by the Department of Justice and by approximately two hundred law students acting as legal interns during their summer charge." We quote from a letter dated July the White House to be instituted." 16, 1975, written to an applicant and signed A summary of General Walt's tell-lt-Uke vacation. However, approximately ninety per cent of the ca.ses were military and these by Chairman Goodell," ... The'President has it-is Minority Report on Presidential Clem young men and women, even though eager signed a master warrant granting you a full, ency Board (PCB) operations ls enclosed. and dedicated, were generally biased against free Unconditional Pardon and a Clemency SUMMARY: MINORITY REPORT OF THE PRESI- the mllltary and the Vietnam War and had Discharge to replace your less than honorable DENTIAL CLEMENCY BOARD'S OPERATIONS practically no experience in or With the mili discharge." We believe this is quite a dif PURPOSE tary. The work they did in preparing the case ferent connotation and meaning than was initially argued by the Chairman and Execu The purpose of this report is to reflect the summaries was, as a result, often amateurish, biased, a.nd many times incomplete. In tive Staff last October. Further, a person who views of a minority of the members of the has been convicted of a felony (a crime PCB concerning the composition, staffing, reality, the young staff attorneys themselves, were of the same influence a.nd were generally punishable by imprisonment for more than policies and credibility of the operations and one year) may legally purchase a firearm decisions of the PCB. without the benefit of a.ny experience With the Military Forces, which compounded the from a licensed firearms dealer if the person COMPOSITION OF THE BOARD problem. Also, these young "case writers" convicted of said felony has received an un The original nine-member Boa.rd appointed were instructed by some senior staff member conditional Presidential Pardon. The Presi by the President represented a. fair balance to oresent the case "in the best Ught." Con dential Pardon, however, only applies to Fed among liberal, middle-of-the-road and con sequently, many of the resulting summaries eral offenses. servative views. This group in its early meet were an inaccurate presentation of facts on In the early months of the Board's de ings established and adopted policies and which the Board members had to make their liberations a real effort was made to main guidelines by which decisions of the Boa.rd decisions. tain the "meaningfulness" and "value" of the would be determined in accordance with the Over-staffing, lack of organization, lack of Clemency Discharge. For such offenses as President's Executive Order and Proclama personnel discipline and improper utilization AWOL from combat, refusal to go to com tion. However, many of these policies were of personnel assets were evident throughout. bat, multiple and long AWOLs, civil convic changes when the membership of the Boa.rd Management built up the staff to a peak of tions for felony; the Board would normally was increased to eighteen members in May over six hundred profesc:;ional and admin- vote "no clemency." However, and in sharp 1975. By his own admission, the Chairman 1.c:;trative personnel. This aopeared to be con contrast, during the latter months of the had a. fairly free hand in picking the new siderably more than was necessary to get the Board's operation and after the more am Boa.rd members and he included two mem job done if proper organization and suoer nesty-oriented eighteen-member Goodell-in bers of his staff. The new Board members vision bad been practiced. For ex9.mple, on fiuenced Board came into being, clemency were not given an orientation on Board 1 July, at the peak of the six hundred plus was voted in cases involving multiple AWOLs policies and guidelines. This led to much staff. it was stated by a senior m~mber that (8) from the battlefield; multiple refusals to confusion. Initially, it was difficult for the OMB believed that less than half of the go into combat; multiple (as high as ten new Board members to make sound decisions, secretaries were being used effectively in the AWOLs) and long (seven years) AWOLs; due to lack of knowledge of Board oper "'roductlon process. Even with this surplus civillan felony convictions (rape, murder. ation. The Chairman gave guidance which, of secretaries, onlv one was asshmed to all manslaughter, grand larceny, armed robbery, on occasions, seemed not to be strictly in of the eighteen Board members. Regular aggravated assault). Also a man given an Un accordance with previous Board policy and working hours were not establlshed nor desirable or even Punitive Discharge for a decisions. At this point, the Board as a whole observed--emolovees seemed to come and l?O few days or even hours of AWOL (which, ac became a more amnesty-oriented, Goodell at their convenience. On a week-dav mld cording to the Board General Counsel's rul infl.uenced group, with Goodell, in turn, afternoon in July (the Board's busiest ing, qualified him for the Clemency Board seemingly under the influence of the Gen- month), the Personnel Director made a head- Program) was recommended for a pardon and 315262 EXTENSIONS OF REMARKS November .5, 197.5 clemency discharge, by a bare majority vote, OFFICE OF PUBLIC DEFENDER Rate Counsel is also seeking to have the even though the official offense charged automatic adjustment clause in the tele might include aggravated assault, disrespect phone company's contract revoked as il to officer or NCO, striking an officer or NCO, HON. ANDREW MAGUIRE legal because it passes on to the public wrongful appropriation of personal or gov OF NEW JERSEY ernment property, etc. This again was a turn "the major cost burden without appro about from the policy set by the nine-mem IN THE HOUSE OF REPRESENTATIVES priate scrutiny in an adversary setting" ber Board. Another questionable move, con Wednesday, November 5, 1975 according to Public Advocate Stanley doned by the Chairman, was to make drug ad Van Ness. The Division of Rate Counsel diction a mitigating factor on behalf of the Mr. MAGUIRE. Mr. Speaker, during claims that the adjustment clause is il applicant and drug use as a possible qualifil ti.. e 6 years that the Senate has consid legal because it violates constitutional cation for mitigation. The Board, on the ered consumer protection legislation, we requirements of due process in failing to other hand, was instructed not to consider have amassed thousands of pages of con the use of drugs as an aggravating factor gressional hearings, recorded the testi afford public notice and an opportunity even though such use was unlawful. This mony of scores of witnesses and docu to be heard. change from the nine-member Board policy mented in laborious detail the numer While the New Jersey Public Advocate again was strenuously objected to by the con ous abuses which have resulted, in large in many ways parallels the consumer stantly "out-voted" majority. measure, from the absence of effective protection agency proposed in H.R. 7575, CONCLUSION consumer advocacy before Federal regu it is also stronger in several ways. Un We believe that the original concept and latory agencies. A few well-publicired ex like the Federal CPA, a New Jersey ad plan as conceived and announced by the amples include rubber-stamping of air vocate's ca.se cannot be overturned 01.. President was a good, sound, workable plan, fare increases, nonenforcement of nurs the ground that the advocate improperly but the President's objectives have not been identified the public interest which he attained because of the misdirection and ing home standards, flammable fabrics maladministration of the plan. We feel in children's clothes, and oil companies chose to represent. The "public interest" deeply obligated and honor bound to ap ballooning their already inflated profits. which the New Jersey Public Advocate praise the President of these facts. While we have discussed, debated, and has the responsibility to represent is It appears that the Chairman and his analyzed every section and line of the defined as "an interest or right arising Executive Staff have misinterpreted, circum consumer protection bill over the years, from the Constitution, decisions of court, vented and violated at lea.st the spirit of the common law, or other laws of the United Executive Order of 16 September 1974, and the State of New Jersey has expeditious ly created its own public advocate. On States or of this State inhering in the Proclamation No. 4313. This questionable ac citizens of this State or in a broad class tion has been initiated, it appears, to in May 13, 1974, Gov. Brendan T. Byrne crease the number of "eligible" applicants. signed into law the department of the of such citizens." These are the sole cri to liberalize the decisions of the majority public advocate which like the Federal terion on which the advocate makes his of the Board in order to gain more favorable CPA has the authority to represent and decision on whether he may properly decision for the applicants, and to set a lib protect the public in ratemaking or other intervene or not. Using the above statu eral precedent relative t0 Executive pardons administrative and judicial proceedings tory definition of "public interest" the closely associated with felonious crimes. A but has no regulatory power. public advocate has intervened in a wide move which could degrade the true meaning range of activities including public ac of a. Presidential pardon. The actions, in our This successful working model of a opinion, are not only unethical, but they State CPA, included within the New Jer cess to beaches, postcard registration, may also border on illegality, and could sey Department of the Public Advocate, residence requirements for persons tak greatly discredit the President's Clemency has disproven the predictions about the ing the civil service exam, unsafe nursing Program in the eyes of the American public. deleterious effect of a public advocate on homes, and others. In short, we have lost confidence in the the workings of government. The New Under H.R. 7575, when the CPA re Board results, which under Chairman Good Jersey government has not been immo ceives complaints from consumers, it may ell's direction are being recommended to the bilized by the intervention of the public refer the complaint to a Federal or State President. We feel that the limited capa agency charged with enforcing relevant bility of the already hard-pressed White advocate, nor has it been needlessly har House staff to monitor and screen these rec assed with petitions for action or infor laws, or petition an agency to take ac ommendations, is inadequate to insure that mation. On the contrary, the New Jer tion to correct the problem. But it does the President will approve only recommenda sey Public Advocate has, in many cases, not have the authority to compel an tions which meet his high standards. This assisted various departments and agen other Federal agency to take action to problem is further aggravated by a backlog cies in New Jersey in focusing on prob remedy a specific consumer problem. If of some ten thousand cases which may soon the Federal agency declines to take re be dumped on the White House Staff in a lems they had previously not been aware short period of time. of or had not realized affected large num medial action, it is required only to no We believe that the recent steps the Presi bers of citizens. tify the CPA in writing of the reasons dent has taken to terminate the Clemency For example, recently the department for not acting. In contrast, the New Board activity on September 15, 1975, and of the public advocate filed a Superior Jersey Division of Citizen Complaints has to place the Program under the auspices of Court suit challenging the dominance of the authority to investigate any com the Attorney General-more specifically-un the State Real Estate Commission by real plaint from any citizen relating to the der the direction of the Pardon Attorney of action or inaction of a State agency. If the Department of Justice, is a very sound estate brokers. In the suit the advocate move. It is our hope that the Pardon Attorney asked that the statute governing the the complaint division determines that will take a close and conscientious look at the commission be declared unconstitutional the agency's action or f allure to act is Clemency Board recommendations, so as to because broker members control the set unjustified, it may notify the public ad insure that the value of the Clemency Dis ting of rules and regulations for the vocate. The advocate can then turn the charge is restored to its original respected State's real estate industry. The present results of the investigation over to the level, and only those applicants who deserve statute requires that five of the seven division of public interest advocacy the discharge a.re awarded it. commission members be brokers and which has the authority to institute a We, as a minority of the Presidential Clem proceeding before any department, com ency Board, do not believe that: have at least 10 consecutive years of Any man who has two or more convictions broker experience. The sixth member is mission, agency or board of the State (civilian or military) of serious crimes on a government official, and the seventh is with responsibility for solving such his record, should be given clemency. we do the sole member representing the pub complaints. not believe that a man who deserted his lic. After the public advocate identified The effectiveness of State consumer comrades on the battlefield in Vietnam or this problem, several members of the and public advocates in no way elimi who refused to go to Vietnam when he was State legislature moved to act on re nates or reduces the need for the prompt so ordered, should be given clemency. structuring the Board. establishment of a Federal consumer We believe, as did the Truman Board, that when the majority of the Board recommends Both the New Jersey Public Advocate protection agency. A Federal CPA would clemency in such cases, it has failed in its and the Federal CPA can intervene in not duplicate the States' consumer duty to society, and to the memory of those ratemaking proceedings. The New Jer agency efforts but would supplement men who fought and died to protect it. We sey Public Advocate has recently chal and extend them. State consumer agen also feel that it has been negUgent in carry lenged the $155 million rate increase re cies are often unable to represent con ing out its responsibility and has not ful quested by New Jersey Bell in a petition sumers before Federal agencies, and are filled its obligations to protect the integrity to the State Board of Public Utility Com, helpless in influencing many Federal de of the Presidency. missioners. The Department's Division of cisions affecting consumers, like the Rus- November 5, 1975 EXTENSIONS OF REMARKS 3:5263 sian wheat deal which caused a huge The unit caseload rose from an average not adequately provide for low and mod jump in the price of bread and animal of 30 to 35 representatives per month dur erate income families and on why the ing the second quarter to an aver-age of 45 municipality's fair share plan was inade feed. State agencies are often powerless to 50 per month during the summer. The quate. The Division has also been involved to protect their constituents against monthly average was expected to surpass 50 in two other cases which deal with Mount abusive consumer products which orig cases by early October. Laurel principles and of course was a par inate in other States. Federal agencies In addition to the 374 persons represented ticipant in the original case. The U.S. Su have the responsibility to endorse laws through August, the unit also participated preme Court acted on our brief in denying dealings with interstate shipment of in three child abuse appeals. Selected ap the defendant's request for a stay. We also shoddy or unsafe merchandise and with peals where important issues are to be 11t1- filed a dismissal motion before the high ga,ted will be handled by the Office's Appel court moved to reject the appeal on hazards such as commercial :flights late Section. October 6. carrying radioactive cargo. But in the As part of the training process, central Intervention before the Federal Power past when Federal agencies have not office staff has been circulating through the Commission in the bid by Tenneco Inc. to enforced these standards and laws, State regional Public Defender Offices to assist in construct an LNG facmty in West Deptford agencies have usually had little success the preparation of cases and to aid in solv Township ls the third such action by the Di in compelling them to do so. ing problems that require specific expertise. vision. We believe the sites and LNG tanker Mr. President, the New Jersey statute The unit also is continuing to coordinate routes present a serious danger to the health with the Division of Youth and Family Serv and safety of thousands of New Jersey citi exemplifies the increased awareness on ices in order to provide the best possible zens. The Attorney General's Office has in the past of State governments of the service delivery mechanism. dicated it will Join with us in opposing the need to provide representation for public CHILD ADVOCACY Tenneco site. and consumer interests before State In Bloomfield v. Board of PUC, we are seek The Office of the Public Defender has suc ing to force the PUC to exercise Jurisdiction agencies and departments. Without un ceeded in acquiring $75,030 in LEAA funds necessary fuss or drawn-out debate, the to establish a limited Child Advocacy Unit. in des.Ung with a noise pollution question New Jersey legislature and Governor This Unit provided the State for the first time on the Erie-Lackawanna Railroad through Byrne have acted decisively to enact leg with legal representation for Juveniles as a Hudson and Essex Counties. The PUC had class. dismissed the case, claiming federal law islation to represent its citizens before preempted its involvement. State agencies and departments. I would DIVISION OF PUBLIC INTEREST ADVOCACY Application of the fuel adjustment clause like to include in the RECORD a recent Since this Division did not become oper ls the subject of an Appellate Division ap summary by the New Jersey Department ational until October 1, 1974, the end of peal of a PUC decision involving the Redi of the Public Advocate of some of its the third quarter also marked the end of Flo Corp. We hope to have the Court de activities: the first full year of operations for the Divi clare that there must be an administrative sion. It was a year marked by involvement hearing before the fuel costs can be passed OFFICE OF THE PuBLIC DEFENDER in 33 court proceedings and in 14 adminis along to consumers. The upward trend in the over-all Public trative proceedings which focused on a OFFICE OF DISPUTE SETTLEMENT Defender caseload continued during the pa.st variety of vital public interest matters. quarter after a full fiscal year during which Proper use of federal housing funds, the The office, during the quarter, stepped up the Office handled a record 37,891 assign State ban on drug ads, nursing home stand operations in monitoring local disputes and ments. Now that the new court year has be ards, the apparent effort to make New Jer in seeking to establish an extensive and gun, the Office is begining to receive requests sey a national center for imports of highly effective early warning communications net from assignment Judges for additional Public volatile liquid natural gas and spin offs from work, linking the office with key state Defender staff in their regions. It has not the landmark Mount Laurel exclusionary departments and communities where the been possible to honor these requests because zoning decision were major subjects of new potential for disputes is highest. no additional staff was allocated to the Office activities launched by the Division during Sixty-five communities were selected for in the 1976 Budget. Funds also are unavail the quarter. visitations on the basis of receipt of urban able to retain additional private counsel. Edison NAACP, et al. v. Carla Hills, et al. aid, an unemployment rate higher than the In some counties there are now more than is a class action complaint in U.S. District state average and minority representation in three times a.s many assistant prosecutors Court which raises significant questions con excess of 20 percent. To date, 35 of these as there are assistant deputy public de cerning the Housing and Community De communities have been visited. fenders. velopment Act of 1974. We are challenging The newly developed liaison system with While we have been able to continue and a HUD grant to Edison Township on the the Offices of the Governor, Special Counsel, provide what we believe is effective repre grounds that there was inadequate citizen Attorney General, State Police and Depart sentation, notwithstanding these difficult participation in the application process and ments of Environmental Protection, Institu circumstances, the resources of the Office a.re that the monies are not earmarked pri tions and Agencies, Community Affairs, stretched to their limit. Any further escala marily for low and moderate income persons Education and Higher Education is designed tions in caseload could well produce a situ as required by the Act. It ls the first com to put the office into direct touch with people ation where we are unable to handle the plaint in the nation to raise these issues a.nd and their problems. full caseload. The courts would be forced we expect the case will establish guidelines The office is now monitoring disputes in to take some sort of alternative measures for implementation of the Act. Salem County and in Passaic, both of which with the cost burden falling on the affected The Division represents some 250,000 sen involve bllingual education and in Atlantic counties. The picture should be much ior citizens in its challenge of the ban City, Somerville and Union Beach where dis· clearer by the end of the year. against prescription drug ads. We are alleg putes center around racial problems. MUNICIPAL COURT PROGRAM ing in New Jersey Council of Senior Citi The office also is providing direct mediation zens v. Board of Pharmacy that the statute services in both Perth Amboy and Victory The single remaining municipal court rep Gardens. In Perth Amboy, where tension and resentation program is continuing in At violates federal and state constitutional rights. We came to the firm conclusion, af frequent outbreaks of violence between the lantic County under a State Law Enforce minority community and police led offices to ment Planning Agency grant. The project ap ter careful analysis, that prohibition of ad vertising results in higher prices for con seek ODS assistance, a number of short- and pears to be successful in demonstrating econ long-range goals for improved relations were omies possible in providing :"epresentation in sumers. Senior citizens are particularly af fected because they require more medicine advanced. municipal courts which serve more than The mayor of Victory Gardens requested one municipality. In less than eight months, and lack mobiUty to do comparison shop ping. Pharmacists are permitted by law to assistance in tl'e wake of potential dis the Office of the Public Defender will face putes stemming fnm annexation of some 40 the mandated responsibility for providing offer discounts to senior citizens but are forbidden by law to advertise that they do. acres. represent11.1iion in all minor criminal mat The office has been greatly bolstered by ters and no funds have been budgeted for The Division intervened in a Department of Health proceeding involving licensing of the receipt of a. $100,000 grant from the that purpose. Unless the law is changed in Ford Foundation toward ad-hoc mediation such a way as to make this representation a. nursing home in East Orange in order to discretionary, we will need to begin plan suggest alternative methods by which the services. ning before the end of this year to provide department could enforce health service DIVISION OF RATE COUNSEL the services and to obtain the substantial delivery standards. We will continue to press The quart.er was marked by what we supplemental appropriation that will be re this enforcement issue if the home is not in consider to be major victories in two rate quired. full compliance at the end o! a provieiona.l cases. license period. The Public ut111ties Commission acted on LAW GUARDIAN PROGRAM (CHILD ABUSE) Oakwood at Madison, Inc. v. Madison is a our motion in dismissing the bid by Jersey After showing signs of leveling off during signifioa.nt case because it is the first time Central Power and Light Company for a spring, Law Guardian Unit assignments in the Supreme Court has been asked to apply $45 million interim rate increase. We took creased dramatically during the third quar the principles enunciated in Mount Laurel. the position that the Company had failed ter. Indications a.re that this upward trend Our amicus brief concentrated primarily on to demonstrate an emergency situation. It will continue through the end of the year. why the zoning ordinance in question did is our hope that this decision will help stem EXTENSIONS OF REMARKS November 5, 1975 the tide of requests for interim relief. The ness on the part of the general public third of the debt. The rest is in the hands of Company is seeking an over-all 45 per cent that the President is incapable of ef small investors who need the money. rate increase. We feel that the increase 1s fectively performing in the national lead Finally, the city's pension funds are pro unwarranted. tected by the state constitution, which pro Bell Telephone has been granted $80 mil ership position he inherited over 1 year hibits reducing the benefits. But the full lion of a $155 million request. However, we ago. extent of the city's pension liability is un succeeded in convincing the PUC to main By turning his back on at least 8 mil known: The actuarial a.sssumptlons have tain the 10 cent pay phone rate, to elimi lion Americans and contributing to a not been revised since 1908. Since then, aver nate the comprehensive fuel adjustment crisis which will eventually affect every age life expectancy has increased about 16 clause and to set the rate for two-party serv American community, President Ford years and rendered the city's calculations ive at 70.75 per cent of the residential rate has demonstrated an uncanny ability to hopelessly out of date. instead of the requested 85 per cent. divide a Nation which is still trying to Weak economics. There is a. long tradition The Bell rate changes are adversely affect that American Presidents are weak on eco ing certain business interests. Alternatives, heal the wounds caused by his predeces nomics. But even in that tradition Gerald considered undesirable, were the elimina sor. Ford makes some of the others look like tion of directory assistance and some 2,000 In what the Washington Post termed savants. Aside from his own lack of ground jobs or shifting of a $13.5 million burden to the worst Presidential speech in recent ing in the subject, many of his key economic residential users. Some 50 per cent of New memory, Mr. Ford proposed that the advisers misread the data, and the White Jersey businesses have been on metered rates Federal Government withhold financial House staff' ls inept in a field that ls in· for years. We took the position that resi assistance until after New York crum creasingly crucial to policymaking. dential users in effect have been subsidiz In a private interview two weeks ago, ing commercial users and that it is fairer to bles. The assistance Mr. Ford proposes wlll cost the Federal Government count Treasury Secretary Wllliam E. Simon claimed make the cost of service more equal to serv that New York City's cash flow for the cur ice provided. Eventually fixed rates will be less billions, while assistance now could rent fiscal year was not so bad. Challenged phased out entirely. cost nothing. This vindicative demand for details, he confessed that he had not The two major decisions raised to some for a pound of flesh has not gone unno studied the month-to-month figures; he was $92.3 million the net a.mount saved New ticed by the general public or the media. too busy testifying before Congress to read Jersey consumers in PUC decisions on per The following articles are merely a anything but the briefing sheets prep.a.red by manent increases since the Department took small sampling of the many stories being his staff'. Another key adviser pointed out over public representations in mid-1974. The that the issue was less economics than poli Division has handled a total of 168 cases, in carried by publications outside the New York City area. I strongly recommend tics. Any rescue effort, he said, would benefit cluding 83 which remain active. the banks and give the Democrats an elec In other important cases, a. PUC grant of that my colleagues take a moment to tion-year issue that the White House would $3 million of a. $12 million emergency sur read them. prefer to avoid. Still another adviser com charge request to the South Jersey Gas Com The texts follow: pany reflected the Division's recommendation plained that the public was not hearing about for revision of a gas adjustment clause and FORD'S MISCALCULATIONS ON NEW YORK CrrY all the careful study the New York problem denial of exploration and development funds. President F'ord's plan to help New York was getting in Washington because the White The Division is vigorously opposing Atlan City after it defaults was drawn up by the House staff' was unable to articulate it, and tic City Electric Company's bid for a $28 same economic advisers who a year ago power struggles among advisers prompted million rate increase on top of a. granted drafted a bill to increase taxes just as the some to leak misleading information. $10.7 million increase and has moved for economy was heading into the worst reces Repercussions. Perhaps worst of all for the dismissal of the Teleprompter request for sion since the 1930s. Fortunately, Congress future, default will almost certainly lead to a $3 million increase in South Jersey. We was wise enough to give that proposal a quiet flood of litigation. First to sue might be the take the position in the Teleprompter case burial, but the plan for New York stems from investors who were persuaded by banks and that cable TV is a necessity here rather than the same kind of error. Wall Street houses to buy the last notes is having the "luxury" status it enjoys in Under Ford's proposal, a federal court sued by the city on its own last spring. There northern Jersey. would make sure-after the city defaulted might also be suits by the city and state pen The Division remains active in cases in that essential public services would continue. sion funds that have bought Municipal As volving a suspended 13 per cent increase for Payrolls of police, fire, sanitation, and health sistance Corp. bonds. Such litigation could New Jersey Natural Gas Company, and in the workers would take priority over the in persuade a federal appeals court to validate Public Service Gas and Electric Company re terests of holders of city bonds and notes. the President's whole program, and serious quest for $99 million in interim increases. Presumably, any shortfall in wages would social upheaval could ensure in the city. Hearing examiner recommends.tlons in the be met through short-term debt the court Citicorp Chairman Walter Wriston, for ex Public Service case range from $37 .9 million would authorize the city to issue. But the ample, worries that if sanitation workers in to $84.7 million. We will recommend slightly terms of aid are still vague. Bedford-Stuyvesant do not get paid, they less than the lower figure. Rate Counsel's In the past, Ford's advisers have repeatedly will drive their trucks right into the Citibank rate of return recommendation in the Pub insisted that the city has enough money branch in that deteriorated neighborhood. lic Service case was adopted by the exam if it would take stern measures to restruc And the police, without paychecks them iners. In the Eliza.beth Water Company re ture its debt. They have been asking the city selves, would not stop them. quest for $3.1 million, we are seeking to ar to default but to call it something else: a range a negotiated settlement. moratorium in interest payments, a stretch [From the Boston Globe, Oct. 31, 19751 In the insurance area, the Di vision has out of maturities, and a voluntary-or invol become involved in 11 homeowner and auto untary-rollover of notes. Now Ford is INVESTORS WEIGH NEW YORK CRISIS insurance filings and has streamlined proc forcing default, but his program rests on NEW YoRK.-Investors, evidently trying to essing procedures. A stipulation was filed on false assumptions. assess the implications of a possible default three homeowner filings and basic agree The President does not understand that by New York City, pushed stock prices lower ments were reached on increases for the even if the city pays no interest or debt serv yesterday on the New York Stock Exchange. Sta.tes's two largest auto insurance firms. ice, it will be at least $1 blllion short of For most of the session, the market ac meeting its payroll and welfare payments in tually was in forward gear, but la.te selling December, January, and February. And once gradually chipped away the advance. it has defaulted, it is questionable whether Severa.I analysts said what you really had anyone will buy New York City issues, in on Water Street was a "standoff'," with many FORD'S BIGGEST MISTAKE cluding the court's authorized notes, because investors on the sidelines still confused by the city has no way to repay them. New what the whole question of a default would York State's financial condition is at least as mean to the nation's economy and the stock bad as the city's. market in general. . HON. MICHAEL HARRINGTON Lack of facts. In any case, the city's cash The Dow Jones industrials average edged OF MASSACHUSETTS projections are not very good because it still up 0.79 to 839.42. Turnover slowed to 15.08 IN THE HOUSE OF REPRESENTATIVES lacks modern management and accounting million shares from 16.11 million shares systems. It will not even be able to tell for Wednesday. Wednesday, November 5, 1975 sure how many people are on its payroll until The view that seemed t.o sum up the belief Mr. HARRINGTON. Mr. Speaker, the after a new system is installed in July, 1976. of most Wall Street analysts was "you have Over and over again since the city's crisis a situation where potential buyers of stock ill-considered statement President Ford are likely to sit back for a while to assess the made last week with regard to the New started, anticipated receipts have been over stated and expenses understated. city's financial plight more closely." York City situation, not surprisingly, Furthermore, the President and his ad Polaroid Corp., among the volume leaders, continues to largely dominate the news. visers seem to think that a few banks hold finished at 36% on 259,300 shares, including Reaction stories, the majority of which most of the city's debt and that a restructur a block of 121,700 shares at 36~. are strongly and, in my view, justifiably ing is pos3lble simply by sitting down with Chrysler Corp. eased Ya to 10¥.i. It omitted unfavorable, indicate a growing aware- them. Actually, the banks hold less than one- the fourth-quarter dividends. Earlier in the November 5, 1975 EXTENSIONS OF REMARKS 35265 week, the automaker came in with a $79 mil by being tough with striking policemen. That was a year ago. The problem is gone lion loss for the third quarter. However, with the step-up of violence since today, erased by months of hard work and Morse Shoe gained 1 %, to 10 %, after report 1919, this is not a safe political gambit for ingenuity. ing sharply higher profits. one bucking for re-election. Swiss roulette- The wonder of it all ls that in this era of Meanwhile, in a development which may playing with avalanches-may be more fun burgeoning dependence on federal money for effect trading today, the First National Bank than Russian roulette; but both are dan municipal projects, Irving has built itself a of St. Louis cut its prime rate to 7 Y2 percent gerous, and may become dangerous to in new 300-acre landfill that should have cost from 7% percent in what could set a prec nocent bystanders. $4 million without anybody's help. edent throughout the country. I have seen no careful analysis of how Constructed with tax money already on Most of the nation's banks, including the much of New York's problem is related to in hand, by employes already on the payroll First National City Bank of New York, which transigence and inefficiency among its civil and with equipment that had been paid for usua.lly sets the trend for the country, still service employees. How much total wage yea.rs ago, City Manager Jack Huffman's have their rates at 7% percent. costs can be brought down, in comparison Twin Wells Park, Project is a model for But William Spencer, head of First Na with those in Chicago and Boston, may be municipal self-help. tional City, said his bank, barring unforeseen known to Secretary Simon and other ad The man most directly responsible for circumstances, would also reduce its prime vocates of a tough policy; but I have seen carrying out Huffman's independence phi rate a quarter of a point today. no cogent discussion of this crucial issue. losophy is the city's "top garbage man" Paul In Europe the US dollar declined sharply, The streets of New York cannot be allowed Ketter. weakened by President Ford's opposition to to go the way of the streets of Belfast and The 6-foot-4 former Northwestern football Federal aid for New York City and by the Beirut. One way or another, rapprochement player and Nolan (Fort Worth) High School prospect of lower US interest rate. will be necessary with those who guard order coach says the formula for such a massive and provide minimum services. landfill cost is simple: "Teamwork." BEFORE NmVANA A dedicated man who loves solving pro [From Newswee~. Nov. 10, 1975] blems, Ketter claims there's nothing tough It is too· 1ate to say that New York's diffi NEW YORK DILEMMA about his job managing the city's third larg culties must be contained at the Hudson. (By Paul A. Samuelson) est department. "We're always looking for a Already municipal borrowing costs are up way to do it better and save the taxpayer This is a hard column to write. How easy everywhere. a dollar." it would be if one were simpleminded and Large banks stuck with much city paper The new landfill project meets that first could baldly assert: "Let New York go down may well have their stockholders suffer. Their criterion by providing landfill capacity the drain. It couldn't happen to a nicer executives proved to have been particularly through the year 2006. bunch of fellows anyway. Bankruptcy not negligent or culpable can be made to walk The new landfill also meets the second only will teach a lesson, punish the guilty the plank. But it is unthinkable that bank criterion la.id out by Ketter-it saves the and deter those tempted in the future, but it depositors should lose their money. Failure Irving taxpayers a pile of dollars. will also be the first step on the road back of one or more large banks would be intoler "Most cities have to float bond issues for to fiscal probity." able, with domino effects felt nationally. a project of this magnitude," Ketter said. Likewise, it would be an easy position to Before the full story is told, the Federal The game plan for the landfill went like hold if one could believe with conviction: government will find itself heavily involved this: "The Federal government should take re in guarantees. Someday we may all read in Seeing their small landfill rapidly filling sponsibility for the city's present plight. the history books that William Simon turned up in 1974, Huffman and the city counc11 After all, the crisis has national not local out to be one of our most expensive Secre leaped at the idea of buying another 270 causes. Any Puerto Rican or Southerner can taries of the Treasury, in a class with An acres for less than $2,000 an acre. freely move into the city. Any well-heeled drew Mellon. The land was cheap because it was in the person can freely move out to the suburbs, Trinity River flood plain and was subject to thereby avoiding his share of the irreducible flooding. But nobody can use flood plain land fiscal burden of the less fortunate who are for a landfill, right? left in the city. Only the Federal government CITY TAKES CARE OF ITSELF "Wrong. What the law says is that you has the powers of the purse to take care of can't allow the land to be ravaged by flood the intolerable load now being put on the waters. We built a levee, a series of levees city and the state ..." HON. DALE MILFORD actually, and, using the old Navy principle Neither of these positions is tenable for OF TEXAS of water-tight compartments, double-hulled an intelligent person of goodwill. But where IN THE HOUSE OF REPRESENTATIVES her. Now the land is perfect for the job," in the wide middle ground between them is Ketter said. the feasible optimum for policy to be found? Wednesday, November 5, 1975 But where did "Ketter's Krewe" get the Here are some tentative economic considera expertise for such a technical job? Not from tions that may help set bounds on possible Mr. MILFORD. Mr. Speaker, distin the U.S. Army Corp of Engineers. policy altern atives. guished colleagues, an article in the "We called 'em, but they said it'd be about AFTER DOOMSDAY Dallas Times Herald has just come to my 10 years before they could send anybody to Begin by realizing that bankruptcy and attention, and I would like to share it even look at it," Ketter said. default a.re not unthinkable. Given President with you. A consulting fl.rm? Ford's stand, we should figure them to be Quite frankly, ladies Pnd gentlemen, it "You need to talk to your employes, your probable. is a "can do" article about a city, a super self. That fellow driving that crawler tractor But bankruptcy does not begin to solve visor, and the team work of all members throwing dirt on that trash every day knows the problem. It is naive to think that put of a city's department. more a.bout that operation than anyone else ting matters into the hands of a judge, or a in town. It'd be foolish to talk to anybody I want to congratulate the people men else," he said. panel of judges, is tantamount to intro tioned here for recognizing a problem for ducing rationality and austerity into the fu Some cities complicate problems because ture handling of New York finances. These their community and pooling their re the department heads lack confidence in days we are straining to a dangerous degree sources, ideas and knowledge in order their employes, he said. the institution of the judiciary. Just as Con to correct the problem. "I wasn't scared to go to my men and say gress could not enforce Prohibition, Boston And I might add, that correction has 'I need your help'," Ketter said. "We get that and Louisville judges, for all their sacred come about without Federal assistance. advice free a.nd it's the most valuable in the black robes, a.re meeting with real resistance The city is Irving. The supervisor is world." in the area of school integration. Paul Ketter who heads the city sanita A soft-spoken but straight-talking man, Andrew Jackson, in an unpleasant con tion department. And the people in Ketter is critical of most cities for wasting frontation with the Supreme Court, said: volved are the men who do the work in their most precious resource--their people. "John Marshall has made his decision; now "City personnel managers conduct exten let him enforce it." That will be a bad day the department. sive screening before a person is hired, but when, Gandhi-like or IRA-like, the citizenry I would also like to commend Olin once he's on the payroll, there is no system simply refuses to obey orders of the court. Briggs for reporting on such positive ac to profit from what the man learns as he Default can be a sobering influence at the tion in the Dallas metropolitan area. builds up experience in the job," he said. bargaining table with public servants: po The article follows: By utilizing his men in key decision mak licemen, fire fighters, teachers, sanitation IRVING DEFEATS GARBAGE WOES WITH ing, Ketter transmits a feeling of being ap workers. Still, the whole history of unionism "INGENUITY'' preciated. "Without that, they simply feel has been a history in which unions wield (By Olin Briggs) used. their most specific influence in determining how industries in decline are accelerated to IRVING.-Faced with the task of burying "I let mine know I appreciate them. No ward their extinction. Cases in point are the a mountain of garbage that would fill Texas favors. But in return I get outstanding co glass blowers, the railroad and mine workers Stadium every year with only a tiny 30-acre operation." and the Northern textile workers. landfill, Irving rapidly was approaching the Some sanitation departments use what Calvin Coolidge reached the White House predicament of many other area cities. Ketter calls the "f'ea.r ethic-.fl.ring a man for 35266 EXTENSIONS OF REMARKS November 5, 1975 such petty matters as not shaving every at the SALT negotiations. Last month Schlesinger believes what, according to re day." when I first sent such a letter to the cent polls, most Americans believe. He be "Such a. system is a.n open invitation to President it was signed by 52 Congress lieves that the soviet Union is benefiting a union. You look a.t the cities with that more than ls the United States from the system a.nd you'll see a turnover rate a.round men representing a bipartisan cross sec policy of detente a.s conceived, formulated 250 per cent. Here in Irving, the turnover tion of the House. There are two areas in and administered singlehandedly by Kis rate is a.bout 1 per cent and the complalnts the current SALT negotiations that have singer. the real ones--a.mount to a.bout one a week. not yet been finally resolved as I under There is a.n absurd rumor that Schlesinger "We stuck our neck out a. little on this stand. They involve cruise missiles and was fired because he was insufficiently skill project, but tha.t"s all right,'' he said. Ket the new Russian bomber. I, along with ful in handling Congress. If that were a. rea ter's been sticking his neck out all his life, others, am concerned over Secretary son for firing Cabinet officers, Kissinger would like when he first moved to Texas in 1965 have been fired for his mishandling of the without a job on the mere recommendation Kissinger's willingness to give in to the problem of a.id for Turkey. of his sister in Fort Worth. Soviet position on these crucial issues for And there is breathtaking cynicism in link Currently working on a. degree in the Hu the sake of concluding another SALT ing Schlesinger's dismissal With meaningless manities a.t Texas Christian University, Ket agreement by the end of the year. Ap removal of Kissinger a.s head of the National ter got into the "garbage business" as a clerk parently, Dr. Schlesinger was one of the Security Council, and the replacement of typlst at Fort Worth's dog pound. major figures in the Administration op him by his obedient servant, Gen. Brent He has since solved a. lot of problems in posing further U.S. concessions in SALT. Scowcroft. Only politicians at the highest sanitation departments in Fort Worth and Now with Schlesinger gone it will be levels of our government a.re cynical enough Dallas. In the later, he rose to the No. 2 to believe that people Will be taken in by position before being lured a.way by Irving for important for the Congress to demand this transparent ruse. It is an attempt to "more money and more challenge and a. 'can that any new agreement be resolved in ma.ke Kissinger seem to be sacrificing some do' philosophy." favor of the United States. thing, while actually he is sacrificing And whatever the cost, Irving-if the Twin In conclusion, Mr. Speaker, I would nothing. Wells landfill is any sort of measuring stick like to address the question of where all No one should be surprised by this la.test got one heck of a. bargain. of this leaves President Ford vis-a-vis evidence of Mr. Ford's passive acceptance of Ronald Regan and the conservative wing Kissinger's desires. Mr. Ford came to office a.t a moment when the public was extra.ordi of the GOP. It has been said by some that narily skeptical about politicians. He was not the firing of Schlesinger is balanced o:ff accompanied into office by a. reputation for WILL THE TRIUMPH OF KISSINGER by ROCKEFELLER taking himself out of pronounced views, distinguished or other BE THE DOWNFALL OF FORD? contention for the Vice President nomi wise, on foreign policy. nation next year. I think this is non A series of accidents have landed Mr. Ford sense, ROCKEFELLER as Vice President is in a. position higher than any to which he HON. STEVEN D. SYMMS more symbolic than anything else. The ever aspired, higher than any to which even his most warm admirers recommended him. OF IDAHO position of Secretary of Defense is sub Regarding foreign policy, he is adrift on a IN THE HOUSE OF REPRESENTATIVES stantive. In other words, policy and the stormy sea. he never asked to sa.11, and he Wednesday, November 5, 1975 direction in which we are moving mean ls clinging to Kissinger the way a. queasy more to the American people than do tourist clings to the rail of a. cruise ship. Mr. SYMMS. Mr. Speaker, I am espe titles, symbolism, and rhetoric. And The night Richard Nixon resigned, about cially shocked and disappointed with the when this criterion is applied to the 14 hours before Mr. Ford was sworn in, removal of James Schlesinger as Secre areas of foreign policy and defense, the Mr. Ford came out in front of his suburban tary of Defense. I must share the opinion conservatives lose out. Consequently, I Virginia. home to say a. few words to the of many of my colleagues and others watching world. His most obviously heartfelt believe that the Reagan challenge will words were that Kissinger had a.greed to stay that Kissinger won the battle with now be more viable than ever, now that a.boa.rd. Mr. Ford has done everything pos Schlesinger, with a little help from Ford has opted for Kissinger and Elliot sible to make life pleasant a.boa.rd. Donald Rumsfeld. It was well known of Richardson. The Washington Post of But Mr. Ford and the nation will pay a course, that Schlesinger and Secretary November 5, 1975, contains two columns price for protecting Kissinger from the com Kissinger clashed on matters of foreign to this effect. One is by George Will and petition of men of Schlesinger's stature. policy and national defense, and it would the other by Evans and Novak. I com The removal of Schlesinger Will ala.rm our be naive to suggest that Kissinger did NATO allies who by and large trusted him mend these articles to my colleagues in and who by and large trust Kissinger rather not have a role in Schlesinger's removal. the Congress: less. It also will confirm both the Soviet But what really concerns me now is the DAMPENING DISSENT Union and China in their not unreasonable direction we will be going from here. (By George F. Wlll) beliefs that the U.S. is still wllling to sacri I am frankly concerned about a possi fice a lot on the altar of soviet good humor. ble shift in policy on strategic defense The firing of Defense Secretary James Regarding domestic politics, the firing is matters with Schlesinger out of the pic Schlesinger was a. foolish thing done in a the latest in a long series of blunders that foolish wa.y. have caused Rona.Id Reagan to doubt that ture. The outgoing Defense Secretary Gerald Ford, the itinerant incumbent, has was a relative "hard-liner," for example, Mr. Ford is competent to be President, or even seemed less than presidential recently. He to secure the nomination. It is well to re where arms limitation talks with the So certainly did not seem presidential when he member that the series of blunders began viets were concerned, and took issue with remained silent while newsmen notified a la.st summer when Kissinger instructed Mr. Kissinger's SALT concessions. He be distinguished public servant that Mr. Ford Ford, in the interest of Soviet good humor, lieved strongly in a U.S. defense posture fired him. And he will not seem presidential to snub Alexandr Solzhenitsyn. second to none, which again brought him as long as he seems subservient to the desires Kissinger ls one of Washington's most of Secretary of State Kissinger. gifted survivors. Mr. Ford may not be. into direct conflict with the notions of the The fa.ct that Donald Rumsfeld, who sits Secretary of State. You will recall that at Mr. Ford's right hand, got Schlesinger's job it was Kissinger who made the statement, indicates that the firing was, to a certain ex MLsCALCULATING AT THE WHITE HOUSE "In the name of God what do numbers tent, a routine exercise in Washington career (By Rowland Evans and Robert Novak) of missiles possessed by each side-mat ism. Rumsfeld is more gifted than Schles While the sacking of Defense Secretary ter when we are talking about such levels inger was as a. Washington opera.tor, but the James Schlesinger and retirement of Vice of destruction," when answering a critic real Winner is Kissinger. The firing virtually President Nelson Rockefeller were intended of his SALT proposals that permitted completes the purge from the executive to reinvigorate politically, a falling Presi branch of those who dissent from Kissinger dent Ford, incompetent execution of an rn Soviet suPeriority in many areas. policies. concelved project has further undermined Furthermore, Secretary Schlesinger Schlesinger was the most distinguished De his prospects for the Republican nomina was in the process of making some long fense Secretary since George Marsha.II. Reflec tion. overdue changes in our strategic nu tive, and with scholarly achievements more Congenital bungling a.t the Ford White clear doctrine. He believed in flexibility distinguished than Kissinger's, he was the House botched up plans to announce Rocke and in a "war fighting" capability as op most senior official capable of contesting with feller's exit from the 1976 ticket several days posed to the MAD-mutual assured de Kissinger in the policymaking process. before Schlesinger was handed his head. That probably is why he was fired. There Even so, the White House grossly overesti struction-philosophy. ts every reason to believe that Kissinger mated political benefits from Rockefeller's All of this has prompted me to seek wanted Schlesinger out, and there is no exit and underestimated Schlesinger's esteem additional signatures of Members of Con reason to believe that Mr. Ford. has indepen among conservative Republicans. gress on a letter to President Ford ad dent views-independent of Kissinger-a.bout Moreover, the events of Sunday and Mon vocating a hard line by the United States matters touching foreign policy. day gave the nation a picture of Byzantine November 5, 1975 EXTENSIONS OF REMARKS 35267 intrigue and ruthless personal treatment President Ford, and his closest advisers, system lesions in these infants were iden supposedly alien to the friendly, decent pres including Rumsfeld, have thereby continued tical to those that had been produced in idency of Jerry Ford. Only Richard M. Nix miscalculations that began with their belief experimental animals. on's Saturday Night Massacre of 1973 has Ronald Reagan would never run. In attempt An Agency for Consumer Protection could so dismayed high administration officials, ing to eliminate two troublesome members have urged the FDA to act earlier saving senior bureaucrats and Republican poli of the administration to demonstrate presi countless lives. ticians. Their reading is nearly unanimous: dential leadership, they have succeeded only COCKROACHES IN YOUR POTROAST a. disaster for Mr. Ford. in presenting an administration in utter dis A June 24, 1970 GAO report found weak The White House intended to stop the array and ma.king the Reagan challenge more enforcement of Federal sanitation standards President's accelerating decline with this viable than ever. at meat plants by the Consumer Marketing plan: on Monday, Rockefeller would an Service. At 36 of 40 Federally inspected plants nounce his unavailability for Vice Presi which GAO visited animals were being dent-a headline event placating the Re slaughtered or meat food products were being publican Party's dominant right wing. At processed for sale to the consuming public midweek, Mr. Ford would fire Schlesinger AMERICA NEEDS A FEDERAL under unsanitary conditions including: la.ck a secondary event that would demonstrate AGENCY FOR CONSUMER PRO of adequate pest control as evidenced by the the President's decisive control of foreign TECTION presence of flies, cockroaches and rodents, affairs. use of dirty equipment, contamination of At Schlesinger's request, the Secretary of prcxlucts by rust, fecal material, and hair. Defense met with the President Saturday In a report issued November 16, 1971, the from 11 :30 a.m. to 1 p.m. in a cordial dis HON. PETER A. PEYSER GAO found upon revisiting 17 of the original cussion of defense matters. Although Mr, OF NEW YORK 40 pla.nts inspected, that the unacceptable Ford days before had decided to fire him, IN THE HOUSE OF REPRESENTATIVES conditions continued to exist at most of the he did not want to tip his hand before Rock 17 plants. efeller bowed out. So, contrary to his image Wednesday, November 5, 1975 In yet another report, the GAO in 1972 of openness and candor, Mr. Ford gave Mr. found that a.bout 40 % of food manufactur Schlesinger no clue to his fate. PEYSER. Mr. Speaker, a bill to ing plants which are regulated by the FDA Unfortunately for the President's plans, create a Federal Agency for Consumer under the Food, Drug and Cosmetic Act, were however, Newsweek's reporters found out. Protection will be on the floor of the operating under conditions that were un With Schlesinger alerted by then, he was House this week. This Agency will not be sanitary or worse. The report documented summoned to see the President at 8:30 a.m. another regulatory body-it will not be such conditions as cockroaches and other Sunday ( encountering William Colby leaving able to require any agency to make any insects, rodent excreta, and non-edible ma Mr. Ford's office after having been fired as decision or take any action. This new terials in and around products and equip CIA Director). The President added insult to Agency will be a consumer advocate. ment; improper use of pesticides in close injury by offering to name Schlesinger head proximity to food processing areas; use of of the Export-Import Bank or Ambassador to The ACP will be provided with the au unsanitary equipment. London. Dr. Schlesinger declined. thorization and means to obtain and The need for a. consumer advocate is espe Even at this late hour, the White House disseminate information relevant to con cially clear when inexcusable situations like hoped to hold back the news until Rocke sumers. This Agency is needed to give this are exposed and little is done a.bout feller's letter to the President was made pub consumers a voice in Government which them. The Agency for Consumer Protection lic. But Pentagon sources leaked out news can be heard. The following are just a could have noted Agriculture's and FDA's of the Sunday morning massacre. few examples of situations in which an responses to the GAO reports and urged that What was worse for Mr. Ford, the impres necessary measures be undertaken to clean sion was not decisive presidential leadership Agency for Consumer Protection would up the meat and food processing plants. but supremacy for Secretary of State Henry have been of invaluable assistance to the The FEA-Federal Energy Administra Kissinger in his long, bitter feud with Schles American public: tion- issued a. regulation in November of inger. It was believed throughout Washing EXAMPLES 1974 making it clear that all oil refiners must ton Kissinger had solidified his mastery over WARNING DEVICE ORDERED INSTALLED treat refinery-fuel costs as nonproduct cost foreign policy by forcing out his one ef AFTER CRASH subject to profit-margin limitations, rather fective rival while only nominally surrender Over 50% of all airline crashes worldwide than as a product cost which could be auto ing his National Security Adviser's role to a are caused by what is referred to as "con matically passed through dollar-for-dollar trusted protege, Lt. Gen. Brent Scowcroft. trolled flight into terrain" (CFIT). A Boeing to the consumer. The FEA decided not to On Monday morning Dr. Kissinger heatedly study revealed that CFIT accidents in 1972 make the new clarlflcation retroactive. The protested to a. colleague that he was being and 1973 resulted in the loss of 1,120 lives potential cost to consumers of that retusal misjudged. "Believe me," said Kissinger, and 20 aircraft in the western world. The is estimated at $750 million. Had there been whose word is not always believed, "this FAA is aware of these facts. '!'.he FAA also is an ACF-Agency for Consumer Protection was done over my dead body." Kissinger and and was aware that a device called a "ground It could have urged the FEA to make the others in the administration point to a dif proximity warning system" ( GPWS) warns interpretation retroactive. ferent manipulator of these events: White pilots with lights and taped loud voices to DOUBLE DIPPING House Chief of Staff Donald Rumsfeld, arch "pull up" should the plane be in danger of Another FEA regulation permitted oil re enemy of Rockefeller who will succeed Schles a crash due to inadvertent proximity to the finers to collect increased oil costs twice. inger at the Pentagon. ground. The device continues to signal until This practice which has been dubbed "dou Apart from Byzantine palace politics the the pilot pulls up to a safe altitude. ble dipping" might have eventually led to White House undervalued Schlesinger's The cost of installing the warning system standing with conservatives in and out of $332 million in consumer overcharges. After ts about $11,000 per plane-an insignificant 6 months this loophole was discovered and Congress, who consider him the one hard amount considering the $5 to $25 million eliminated. Had there been an Agency for line anti-Communist voice inside the admin price for each airliner. istration. Although Schlesinger may have Consumer Protection the Agency might have Finally, in December, 1974, the crash of a spotted the loophole and spared us 6 pressed too hard in recent attempts to restore TWA 727 into a. mountainside near Dulles months of "double dipping." defense cuts in Congress, he is highly re International Airport in Washington in FAA LEAVES THE DOOR A.TAR garded among congressional Republlcans which 92 persons were killed, led to an FAA far more highly than either Kissinger or ruling that a limited version of this device In 1972, after a DC-10 passenger plane was ex-Congressman Rumsfeld. be required on all airliners by December, involved in a near f81ta.l accident, the FAA discovered that the plane's cargo door was Mr. Ford never has cared for Schlesinger's 1976. professorial style, and their lack of personal An Agency for Consumer Protection could at fault. The FAA drafted a directive re rapport was aggravated recently by a budget have worked for installation of an adequate quiring the manufacturer, McDonnell Doug dispute: Schlesinger's adamant refusal to cut las to correct the defect in the cargo door. device several years earlier and perhaps hun McDonnell Douglas intervened directly with back Pentagon spending in conformity with dreds of lives would have been saved. the President's election year tax cut. Rums the FAA Administrator, urging that FAA feld at the Pentagon will offer no such oppo FDA IGNORES TOXICrrY OF HCP make the notice permissive, rather than sition, which deeply worries conservative con In September 1972, the FDA classlfled all mandatory. The FAA buckled, and the mod gressmen. products containing hexachlorophene (HCP) ification was not made on all DC-lO's. To such congressmen, Rumsfeld-for a.s prescription drugs, ending profilga.te use A recent publlc television special "The Schlesinger at the Pentagon eclipses Rocke of the untested substance and hundreds of World's Worst Air Crash," suggests that the feller's withdrawal. The day when Nelson over-the-counter remedies and cosmetics, reason the modification was not required is Rockefeller constituted Mr. Ford's only prob after 80 to 40 French children died from exposure to HCP in baby powder. Animal the too cozy relationship between the FAA lem· with the Republican right ended weeks and the industry. ago. "I'm more concerned about Ford than evidence on the toxicity of HCP has been In March 1974, a. DC-10 crashed near Paris Rocky," one conservative leader told us, "and available to the FDA from its own scientists for several years and FDA admitted at the killing 344 people. It was a plane on which getting rid of Schlesinger makes me all the the cargo door had not been mod.ifted. The more concerned." time of the action that the central nervous 36268 EXTENSIONS OF REMARKS November 5, 1975 FAA believes that the faulty cargo door fast and furious pace toward a state of Industrial exports, which increased from caused the crash. technological and cultural progress un 6 per cent of all exports in 1950 to 18 per Had ACP been in existence in 1972, it could equalled or even paralleled in the world. cent in 1974, will rise to nearly 30 per cent have fought for stronger measures by FAA by 1985. saving hundreds of lives. Our continued encouragement to other A great deal has been achieved in the area countries of the Western Hemisphere is DEFECTIVE HEART PACERS over the pa.st 25 years: a duty and a privilege of that position, Steel production has increased 15 times. A 1975 Report by the Comptroller General one which despite accusations otherwise, Energy production has increased 8 times. of the United States found that the Food and Cement production has increased 6 times. Drug Administration did not comply with is sincerely recognized and appreciated. The remarks f o!low: • Machinery and equipment production has its own procedure in a "life threa..tening sit increased 9 times. uation." Apparently, the FDA failed even THE NEW EcONOMIC RELATIONS IN THE By any measure Latin America ls big busi to follow its own procedures to independently HEMISPHERE ness today. But it is by no means big enough investigate the cause of a recall of cardiac I have several reasons for being pleased to to meet the minimum needs and aspirations pacemakers by manufacturers. The common have been invited here tonight. of 300 million Latin Americans. defect in the pa..cemakers was a leakage of Your nation is on the eve of a unique cele Perhaps a third--or 100 million-hardly body fluids through the plastic seal of the bration and I want to go on record as say pa..cemakers causing short circuiting which shared at all in the boom years of the 1950s ing that all the Americas should join in that and 1960s. And population continues to grow led to sudden speeding up or slowing down celebration. You will be celebrating the of the electronic heart pacing. To date, no at a very uncomfortable rate in some coun 200th birthday of the oldest continuing form tries. standard has been issued by the FDA to deal of government on earth, barring, perhaps, In some areas as many as one out of eight with this problem. that of Switzerland. All of us in the New The FDA has not independently estab children born never survive infancy. The World should be proud of the fa.ct that one average education received by La.tin Amer lished how many deaths and injuries have of our number can make that claim. been caused by this defect, and the number ica's 100 million poor ls between two and And New Orleans is the right place for three years. could be substantial. Wha.t we do know is me, a citizen of Mexico, to make such a dec that the FDA did not give adequate consid laration. Bernardo de Galvez, son of the Some 65 million lack the basic necessities eratlon to possible adoption of a standard Viceroy of New Spain and Captain-General of llfe--safe drinking water, electricity and developed by the Navy for hermetic sea.ling of the Province of Louisiana and the Two sewage facilities. Millions have left the coun of electronic components to prevent short Florldas, was among the first to support your tryside to crowd the central cities. By 1980, circuitlng ca.used by moisture. Had there revolutionary leaders, especially with provi eight to IO of these cities will be home to been an ACP, the Agency could have urged sions for the Virginia agent in New Orleans, more than 10 million souls ea.ch. the FDA to consider the a..dva.ntages of her Oliver Pollack. Latin America. is desperately short of thriv metically sealing, perhaps saving many lives. And, of course, I am pleased to be in New ing, hinterland urban centers like Atlanta Orleans because in and out of your port goes or Denver or Minneapolis. The refugees from such a significant amount of the commerce the countryside crowd the capital or the one that binds together the many Americas. For great regional center, like Sao Paulo. These AMERICA'S ECONOMIC POSTURE a century and more, trade originating up cities a.re dynamic centers of development; HAS INTERNATIONAL ADMIRA- and down the whole Mississippi Valley has but their economic growth has also brought funneled through New Orleans on its way a proportional growth in misery. TION south. If you add up the pluses and minuses, May I also say that I would travel many Latin America comes out way ahead of Asia more Iniles for the pleasure of paying trib or Africa, but still way behind the other HON. LINDY BOGGS ute to your Congressional delegations in Western nations. Within the picture I have OF LOUISIANA Washington, particularly Mrs. Boggs and been painting, there are, of course, great IN THE HOUSE OF REPRESENTATIVES Senator Johnson, who serve on the Commit differences. Me.ny talk of the miracle that is tees of Congress which provide the legislative the Brazilian economy the way they used Wednesday, November 5, 1975 support for the work of the IDB. In the past, to talk a.bout the miracle of Japan in the Mrs. BOGGS. Mr. Speaker, as our the Congress has been in the forefront of 1960s and of Germany in the 1950s. But there great Nation approaches its 200th birth support for our institution. I am dedicated are no miracles in sight yet in some of the day, we are sadly and too often hearing to vindicating that support, especially given least developed of our member countries. the pressing need to enlarge the capital The Inter-American Development Bank is pessimistic voices raised in complaint structure of the Inter-American Develop a unique institution. We are not Just an or about our internal distresses and our ment Bank and to replenish the resources of ganization of donors and recipients; ma.ny diminishing posture in world trade and our Fund for Special Operations. members are both. With the addition next politics. They are voices couched in fear, I want to say a few words about the eco year of 10 European members, Japan and forecasting a gloomy future. nomic state of Latin America today and then Israel we will be a truly multilateral orga These voices believe that resource underline the tremendous importance now nization, reflecting the growing economic scarcities Point toward slow growth; they of keeping the avenues of hemispheric co role of La.tin America in the affairs of the refer to great political divisions; they operation open and working. Western nations and Japan. Latin America by culture and history has "Development", of course, is not a techni forecast that our national planners can always been part of the Western World. Now cal term. Rather, it is a shifting mix of eco not cope with long-term economic prob it is a rapidly growing economic part of that nomic and politioal notions constantly in lems. They say that our citizens are con world as well. But as President Kennedy search of appropriate ideas and actions. fused and even angry, our leaders no less once said of the United States and Western Those ideas and actions in the context of bewildered. Europe, so I say now of the United States and the Bank are the projects we finance with I am not persuaded by these Cassan Latin America: either we grow together or our loans. dras of doom, and, fortunately, either we will grow ·apart. It is very difficult to generalize in a short are our American friends and neighbors. Few in the United States realize how much speech about the many projects we do fi Latin America. has grown economically in the nance; each one is in a sense unique, a They are thankful for our strengths and past two decades. The total product of Latin story unto itself. But I think one generaliza achievements; they strive to meet them America today approximates the total prod tion is valid: each project is designed to and, most importantly at our current uct of Western Europe in 1950. The largest create new wealth in new geographic or social crossroads, they rally us to recognize Latin American economies today are com situations. their worth. parahle in size to the largest economies of If it does not create that new wealth, it Recently, in an address in my home Western Europe in 1950. is not development. It it does not create new city of New Orleans, whose port is the If over the next 10 years Latin America wealth for people who need it and in places grows as fast as it did in the 10 years just that need it, it ls not the kind of develop second largest export center in the passed, it will produce as much as Western ment that the IDB supports. United States and the third largest in the Europe did in 1960 when the Common Mar The beneficiaries of our loans may be a world, Inter-American Development ket was born. It is quite possible, if that newly formed water association bringing safe Bank, IDB, President Don Ant.onio Ortiz happens, that Latin America, like Europe, drinking water to one of the more than 4,000 Mena called attention to the shortfalls of wm fashion a truly integrated comm.on mar rural water systems we have financed, or our developing sister nations of Latin ket of its own and reap the reward of stm members of a cooperative of fishermen which America, but also to the great strides more rapid growth. has been formed to permit the building of a If we project to 1985, the manufacturing new plant making fl.sh meal for use as ferti which in many cases have been made product of Latin America will be about 11 lizer. They may be a producers coopera..tive, possible by U.S. participation in and times greater than it wa.s in 1950. That means formed to market a crop, or a peasant cooper supPQrt of the !DB's projects. that by the end of this decade Latin America ative-or ejido as we call them in Mexlc SENATE-Thursday, November 6, 1975 The Senate met at 9:30 a.m. and was ator from Oklahoma (Mr. BARTLETT) is creases than those of manufacturing called to order by the Acting President recognized for not to exceed 15 minutes. workers. The wages of construction pro tempore