Q:ongrcssionalRcrord United States of America PROCEEDINGS AND DEBATES OF THE 9 1st CONGRESS, SECOND SESSION

SENATE-Monday, June 15, 1970 The Senate met at 12 noon and was authorize the Public Printer to fix the gives the program its essential character called to order by the Honorable WILLIAM subscription price of the daily CoNGRES­ and effectiveness. B. SPONG, JR., a Senator from the State SIONAL RECORD. Perhaps in no other way have the of Virginia. Amercian people made so direct a con­ The Chaplain, the Reverend Edward L. tribution to our foreign policy objectives R. Elson, D.O., offered the following REPORT ON THE INTERNATIONAL for the 1970s which I defined in my Feb­ prayer: EDUCATIONAL AND CULTURAL ruary ~8 message to Congress. EXCHANGE PROGRAM-MESSAGE I commend this report to the thought­ God of all power and might, the maker FROM THE PRESIDENT and ruler of men and nations, we thank ful attention of the Congress. Thee once more for all the hallowed The ACTING PRESIDENT pro tem­ RICHARD NIXON. memories and sacred sentiments which pore Vietnam to volun­ unanimous consent that the President be tarily extend their tours of duty or reenlist DEPARTMENT OF HEALTH, EDUCA­ immediately notified of the confirmation in that area. TION, AND WELFARE of these nominations. Since 1965 the normal tour of duty in Viet­ The ACTING PRESIDENT pro tem­ nam for military personnel has been 12 The bill clerk proceeded to read sun­ pore. Without objection, it is so ordered. months. From the standpoint of stability and dry nominations in the Department of continuity, the 12-month tour is less than Health, Education, and Welfare. ideal. Nonetheless, we continue to believe Mr. MANSFIELD. Mr. President, I ask that any involuntary increase in the tour LEGISLATIVE SESSION length would be inequitable and would affect unanimous consent that the nomina­ morale adversely. The tour length policy tions be considered en bloc. Mr. MANSFIELD. Mr. President, I has been reviewed several times, and it re­ The ACTING PRESIDENT protem­ move that the Senate resume the con­ mains our firm conviction that retention of pore. Without objection, the nomina­ sideration of legislative business. t he 12-month tour is essential to combat effi­ tions will be considered en bloc. The motion was agreed to, and the ciency, health, and morale, and that, ex­ Mr. MANSFIELD. Mr. President, may Senate resumed the consideration of leg­ cept for the most senior officers, any exten­ I say, it is with extreme regret that I islative business. sion should be entirely voluntary. note that Under Secretary of State El­ Section 703(b) of title 10, United States Code, now provides for individuals commit­ liot L. Richardson will be leaving his ting their service for at least 6 additional department. COMMITTEE MEETINGS DURING months in a hostile fire area a net period of It is with anticipation, though, that I SENATE SESSION 30 days'. leave, not chargeable to any other look forward to his becoming the Secre­ leave account, at a location selected by the tary of Health, Education, and Welfare. Mr. MANSFIELD. Mr. President, I ask individual with transportation at Govern­ I regret his leaving the Department unanimous consent that all committees ment expense. Were it not for this legislation, of State, because he has been a sound be authorized to meet during the session any leave, including traveltime, granted un­ administrator. He has been effective and of the Senate today. der such a program would be chargeable to efficient as the strong right arm of Sec­ The ACTING PRESIDENT pro tem­ the individual's leave account. Additionally, pore. Without objection, it is so ordered. t ransportation could be furnished only on a retary of State William Rogers. space-available basis. I express the hope that someone as The law was first enacted 1n 1966, by the competent and as effective will replace 89th Congress, to be effective only 1n the case Mr. Richardson in that most important THE CALENDAR of members who extended their required of all departments, the department Mr. MANSFIELD. Mr. President, I ask "tours of duty on or before June 30, 1968. In which, incidentally, gets by on the very unanimous consent that the Senate pro­ 1968 the 9oth Congress amended the law to lowest budget of all. extend the terminal date 2 additional years. ceed to the consideration of Calendars As it now stands, the law will expire June 30, Mr. JAVITS. Mr. President, I join the Nos. 928 and 929 only. 1970. Senator from Montana 1n respect of Sec­ The ACTING PRESIDENT pro tem­ The acceptability of this legislation may retary Richardson, for whom I have great pore. Is there objection to the request of be illustrated by the number of individuals admiration and who has been drafted the Senator from Montana? The Chair assigned to Vietnam who have pal'ticipated.. to a new post. hears none and it is so ordered. For the period November 2, 1966, through June 15, 1970 CONGRESSIONAL RECORD -SENATE 19653 March 31, 1970, 5,303 officers and 162,883 en­ structure or installation, and no landing of sure Buttes, and innumerable cones, craters, listed personnel, an overall total of 168,186, aircraft within the area designated as wilder­ caves, and other phenomena characteristic had taken the special 30-day leave gained by ness by this Act. of volcanic action. voluntai'ily extending their Vietnam tour at No trails or structures exist in the area least 6 months. For the past 2 years the num­ Mr. MANSFIELD. Mr. President, I ask recommended for wilderness. ber has averaged slightly more than 13,500 unanimous consent to have printed in THE NEED per quarter. These data continue to confirm the REcORD an excerpt from the report About 200,000 visitors now come to the the original belief that a number of dedi­ (No. 91-928), explaining the purposes monument each year. Facilities for them in­ cated individuals would volunteer to serve of the measure. clude a visitor center, a campground and longer than the required period of service in picnic area, a motor nature trail, foot trails, Vietnam if the period could be broken into There being no objection, the excerpt was ordered to be printed in the RECORD, and interpretive devices. The present camp­ reasonable segments. ground will eventually be converted to a The cumulative effect of the longer in­ as follows: picnic area and a new campground will be country service of those who extend their PURPOSE built at the base of the Pioneer Mountains, tours of duty has some impact on the re­ The purpose of S. 1732 is to designate outside of the primary geologic area. The quirement for replacements and hence, re­ 40,785 acres of the Craters of the Moon present motor nature trail is to be extended sults in some savings to offset the trans­ National Monument :n Idaho as part of the as a one-way loop around Big Cinder Butte portation costs. The relative value of con­ national wilderness preservation system, to permit better visitor access, and inter­ tinuing the authority, however, is not in pursuant to provisio:'\8 of the Wilderness Act costs contemplated by the enactment of monetary savings that might be achieved, but (Public Law 88-577). rather in effectiveness attained through the the monument. continuity of service in Vietnam of area­ BACKGROuND COST oriented, trained, experienced, motivated Craters of the Moon National Monument There would be no increases in budgetary personnel. was established in 1924 by proclamation No. cost contemplated by the enact ment of FISCAL ASPECTS 5694. It is located in Butte and Blaine Coun­ S.l732. Enactment of this proposal would not re­ ties, Idaho, on the northern edge of the sult in any increase in budgetary require­ Snake River Lava Plain. It contains 53,545 ments for the Departmeillt of Defense. acres, all federally owned. The monument QUESTION: WHAT WAS THE MOST is located principally in an area of public SUCCESSFUL THffiD PARTY IN Mr. KENNEDY subsequently said: Mr. domain lands. U.S. HISTORY? ANSWER: THE President, I ask unanimous consent that The national monument is noted for its GOP-A THffiD PARTY MAY BE A the action of the Senate earlier today in volcanic geology and the stark and awesome REAL FORCE IN 1972 passing S. 3948 be rescinded, and that character of the cinder cone studded lava the bill be restored to the calendar. plain. The Great Rift, a complex fracture Mr. YOUNG of Ohio. Mr. President, zone running diagonally in a northwest­ opposition to this Nation's immoral un­ The PRESIDING OFFICER North Vietnam; crat party received 2.4 per cent of the vote Speaker had affixed his signature to the and and 39 electoral votes. In the same year, following enrolled bills, and they were "Whereas, twenty to thirty Iowans who are Henry Wallace, as the candidate of the signed by the Acting President protem­ reported missing and may be held as prison­ Progressive party, also won 2.4 per cent of pore (Mr. SPONG) : ers in North Vietnam; and the vote but did not win any electoral votes. "Whereas, the government of North Viet­ George Wallace, running in 1968 as an Inde­ H.R. 2012. An act to amend the act of nam has refused to release the names of all pendent, carried five Southern states, drew October 25, 1949 (63 Stat. 1205), authoriz­ the prisoners it holds; and 13.4 per cent of the national popular vote, ing the Secretary of the Interior to convey "Whereas, some of these American prisoners and gained 46 electoral votes. Wallace was a tract of land to Lillian I. Anderson; have been held captive for as long as five strong enough to keep both Nixon and Hum­ H.R. 9854. An act to authorize the Secre­ years; and phrey from winning clear majorities in 25 tary of the Interior to construct, operate, "Whereas, the government o! North Viet­ states. and maintain the East Greenacres unit, nam acceded to the Geneva Convention on The third-party movement in New York, Rathdrum Prairier project, Idaho, and for June 28, 1957, the government of South Viet­ the Liberal party, is unique and indicates other purposes; nam acceded to the Convention on Novem­ very little as to the national bearing of third H.R. 12860. An act to establish the Ford's ber 14, 1953, and the government of the parties. Its most recent credit was the elec­ Theatre National Site, and for other pur­ United States acceded to the Convention on tion under its name of Mayor John Lindsay poses; and August 2, 1955; and after he had been defeated in the Republican H.R. 14300. An act to amend title 44, "Whereas, the government of the United party primary. The national significance of United States Code, to facilitate the dis­ States and the government of South Vietnam this victory is not yet clear. posal of Government records without suffi­ have continuously honored the requirements The strength of a third-party movement cient value to warrant their continued pres­ of the Geneva Convention; and in 1972 will not depend very much on study ervation, to abolish the Joint Committee Whereas, no pretense of compliance has of the history of third-party efforts in the on the Disposition of Executive Papers, and been advanced by the government of North 19th century or in the 20th century, or on for other purposes. Vietnam or the National Liberation Front reflections on the strength and weaknesses despite the reminder to do so on June 11, of a two-party system. It will depend princi­ 1965, by M. Jacques Freymond, Vice Presi­ pally upon these three things: HOUSE BILL REFERRED dent of the International Committee of the First, the issues or issue. If there is an Red Cross; and issue in 1972 comparable to that of the war The bill (H.R. 17970) making appro­ "Whereas, the provisions of the Geneva in 1968, and if neither the Democratic nor priations for military construction for Convention require that every prisoner of Republican party takes a clear position, it is the Department of Defense for the fis­ war be enabled to write to his family; that almost certain that a third party of some cal year ending June 30, 1971, and for every prisoner remain in communication strength and substance will emerge. The re­ with his family and with an international or cent extension o! the war into Cambodia other purposes, was read twice by its state organization which has assumed the without even vague treaty authority and title and referred to the Committee on obligation of safeguarding the rights of the the emergence of a Nixon theory of destroy­ Appropriations. prisoner; that every prisoner has the right to ing sanctuaries and support-positions make receive mail and packages; that minimum it less likely that the Nixon Administration humane standards of detention, hygiene, will have removed this issue by 1972. The COMMUNICATIONS FROM EXECU­ diet, recreation, and employment be complied hesitation and contradictions within the TIVE DEPARTMENTS, ETC. with; that the detaining power accept a Democratic party at this time do not indi­ neutral party to the confiict or a respected cate that that party's position will be sig­ The ACTING PRESIDENT pro tem­ international organization, such as the Inter­ nificantly changed from what it was in 1968. pore to make permanent ence of the Selected Reserve of the! Coast S. 3966. A bill to prohibit the use of cer­ the authority of the Commodity Credit Guard tain park and recreational lands for public Corporation to transfer dairy products "Whereas, The President of the United work projects unless such land so utilized are replaced by lands of a. like kind; to the to military and veterans' hospitals, and States, in his Budget message to the Con­ to make permanent the dairy farmer in­ gress for fiscal year 1971, has requested funds Committee on Interior and Insular Affairs. sufficient only to phase out the Selected By Mr. BAKER (for himself, Mr. AL· demnity payment program, introduced Reserve of the Coast Guard; and LEN, Mr. COOK, Mr. EASTLAND, Mr. by Mr. DoLE, was received, read twice by "Whereas, The President has forwarded GORE, Mr. SPARKMAN, and Mr. STEN­ its title, and referred to the Committee legislation to the Congress of the United NIS): on Agriculture and Forestry. S. 3967. A bill to amend section 15d of the States which would, if enacted, specifically Tennessee Valley Authority Act of 1933 to remove statutory authority for the existence increase the amount of bonds which may be of the Selected Reserve of the Coast Guard; issued by the Tennessee Valley Authority; to S. 3964-INTRODUCTION OF A BILL and the Committee on Public Works. "Whereas, The Coast Guard Reserve has, TO ESTABLISH RULES RESPECT­ (The remarks of Mr. BAKER when he in­ ING MILITARY HOSTILITIES IN since its establishment during World War II, troduced the bill a;ppear later in the RECORD contributed greatly to the defense effort of under the appropriate heading.) THE ABSENCE OF A DECLARATION the nation, particularly in its milltary pre­ By Mr. AIKEN: OF WAR paredness for the protection of its ports; S.J. Res. 212. Joint resolution to authorize therefore be it Mr. JAVITS. Mr. President, the atten­ the President to designate the period begin­ tion of the Senate has been focused on "Resolved, That the Massachusetts House ning September 20, 1970, and ending Septem­ of Representatives respectfully urges the ber 26, 1970, as "National Machine Tool measures which would invoke the appro­ Congress of the United States not to enact Week"; to the Committee on the Judiciary. priations powers of the Congress to limit legislation that would remove the statutory the exercise of discretionary authority authority for the existence of the Selected by the President as Commander in Chief Reserve of the Coast Guard; and be it fur­ with respect to the ongoing hostilities in ther S. 3961-INTRODUCTION OF A BILL Indochina. But, the broader issue before "Resolved, That copies of these resolutions TO MAKE PERMANENT CERTAIN the Senate and the Nation is the rea.sser­ be transmitted forthwith by the Secretary of DAIRY PROGRAMS the Commonwealth to the President of the tion of the war powers of the Congress United States, the presiding officer of each Mr. DOLE. Mr. President, the dairy expressly reserved to it in article I, sec­ branch of the Congress and to the members industry of the United States is faced tion 8 of the Constitution, as follows: thereof from this Commonwealth. With the expiration of important legis- To raise and support armies, but no appro­ "House of Representatives, adopted, May priation of money to that use Shall be for a 27, 1970. lation very shortly. Section 202 of the of longer term than two years "WALLACE c. MILLS, Agricultural Act 1949 provides for Provide for the common defense "Clerk. dairy products to be transferred from To declare war, grant letters ot marque and "Attest: the Commodity Credit Corporation to reprisal, and make rul~ concerning captur~ UJOHN F. X. DAVOREN, military and veterans' hospitals. The au­ on land and water ..Secretary of the Commonwealth. ... thority for this program expires Decem- To provide and matnta.tn a. navy June 15, 1970 CONGRESSIONAL RECORD-SENATE 19657 To make rules for the government and History has demonstrated that there constitutional powers of Congress cited regulation of the land and naval forces are situations in which military hostili­ above. To provide for calling forth the mllltia to execute the laws of the union, suppress in­ ties must be initiated by the Armed The National Security Act of 1947 is surrections and repel invasions Forces in the absence of a declaration of a recent and comprehensive exercise of To provide for organizing, arming and dis· war. Such cases arise in circumstances the constitutional responsibility of Con­ cipllning the militia and for governing such which require combat actions but which gress "to provide for the common de­ part of them as may be employed in the are not sufficiently serious---or in which fense" and "to make rules for the Gov­ service of the United States. contemporary conditions are undesira­ ernment and regulation of the land and To make all laws which shall be necessary ble-to enact a declaration of war. naval forces." It is policy legislation and proper for carrying into execution the Moreover, it has long been recognized analogous to the legislation I have intro­ foregoing powers, and all other powers vested by this constitution in the Government of that there are circumstances in which duced. In the purposes clause of that act the United States, or in any department or there is not su:fficient time-or room for the following statement appears: officer thereof movement--for a congressional declara­ In enacting this legislation, it is the intent tion of war before military hostilities of Congress to provide a comprehensive pro­ Once war is declared, the war powers must be undertaken. gram for the future security of the United. of the Nation are shared by the Congress In the eart.est days of the Republic, States; to provide for the establishment of with the President. The Constitution the United States became involved in integrated policies and. procedures for the gives the policy powers to the Congress military hostilities short of declared departments, agencies, and. functions of the and the executive powers to the Presi­ Government relating to the national war-that is, the naval war against security. dent as Commander in Chief. But, in the France in 1798-1800 and President mid-20th century the Congress has tend­ Jefferson's actions against the Barbary . In addition to the comprehensive ex­ ed to default on the exercise of its policy Pirates beginning in 1801. In the Eliza ercise of its policymaking war powers powers in the warmaking field. At the case arising out the undeclared naval war embodied in the National Security Act, same time during the last several dec­ with France, the Supreme Court noted: there have been other instances of the ades, the energetic and imaginative ex­ Hostilities may subsist between two na­ congressional exercise of its war powers, ercise of the Commander in Chief's ex­ tions, more confined. in its nature and. ex­ other than by declaration of war. I wish ecutive authority has created the illusion tent; being limited. as to places, persons and. to cite two such instances which-as of a shift of the war powers from the things. with the National security Act--have Congress to the President. Legally the not been challenged, to my knowledge: constitutional powers of the Congress Throughout the 19th and early 20th First. The Neutrality Act of 1935- and the President have not been, and centuries a body of precedents developed concerning limited hostilities in the Senate Joint Resolution 173, August 31, cannot be, shifted in such fashion. Yet, 1935: an undeniable imbalance in the exercise absence of a congressional declaration of war. These were developed on an ad Providing for the prohibition of the export of the respective war powers of the Con­ of arms, ammunition and. implements of war gress and the President relating to war hoc basis, evolving essentially out of the to belligerent countries; the prohibition of does presently exist in practice. case-by-case exercise of the discretion­ the transportation of arms, ammunition, and What needs urgently to be defined is ary executive authority of the President implements of war by vessels of the United. how the Congress is to exercise its policy­ as Commander in Chief. States for the use of belligerent states; for making powers with respect to war which The Congress has done little or noth­ the registration and licensing of persons en­ ing to adapt its declaration-of-war gaged. in the business of manufacturing, are explicitly reserved to it in the Con­ exporting or importing arms, ammunition, stitution in consonance with the Presi­ power, or its other constitutionally spec­ ified war powers, to meet the circum­ or implements of war; and restricting travel dent's executive or command authority by American citiZens on belligerent ships as Commander in Chief. The Constitu­ stances which evolved from historical during war. tion defines the executive capacity of the experience. However, our Presidents have President to "take care that the laws be shown great vigor and ingenuity in Second. The Selective Service Act of faithfully executed." The President cer­ adapting and expanding the Commander 1940, which placed restrictions on the tainly enjoys certain discretionary au­ in Chief powers to deal with undeclared deployment of U.S. forces. Specifically, thority; but it is the discretionary au­ war hostilities. The process of the abdi­ it stated: thority of an executive. He does not have cation of congressional power and uni­ (e) Persons inducted. into the land forces discretionary authority with respect to lateral expansion of Presidential power of the United. States under this Act shall not warmaking in a policy sense. This is a in warmaking has now reached danger­ be employed. beyond. the limits of the Western power granted to the Congress under the ous limits which could undermine the Hemisphere except in the Territories and generally effective system of checks and possessions of the United States including system of checks and balances in the the Philippine Islands. Constitution. balances underpinning our whole consti­ In my judgment, the way for the tutional system of government. In summary, Congress has the author­ Congress to proceed is to exercise its own It has reached the point where any ity, and the precedents, for asserting its countervailing policymaking powers re­ effort simply to check the expansion of powers to declare war-which must in­ lated to the question of declaring war. Presidential power is regarded by some clude the power to undeclare it--as Only when the question becomes one of defenders of the Presidency as an en­ specified in article I, section 8 of the limiting the President's exercise of his croachment on the Office of the Presi­ Constitution. These powers of Congress powers as Commander in Chief-as now dent. Mar-y advocates of Presidential are policymaking powers as to war; they in Vietnam and Cambodia-should the prerogative in the field of war and are to be executed by the President as Congress act through its appropriations foreign policy seem at times to be argu­ Commander in Chief. Historical circum­ powers. ing that the President's powers as Com­ stances are now such that the Congress The nub of the issue before the Senate mander in Chief are what the President must act to define its own powers under concerns the power of the President to alone defines them to be. the Constitution. initiate military hostilities by the Armed What is most needed, is new legisla­ Because the Congress has not, hereto­ Forces o: the United States in the ab­ tion originating in the Congress which fore, established rules for the initiation sence of a declaration of war by Con­ will codify the rules and procedures to or continuance of military hostilities by gress. This issue has been forced upon be followed in circumstances where mil­ the Armed Forces in the absence of a us by the Vietnam war and, more im­ itary hostilities may be initiated by the declaration of war, it has fallen upon mediately, by the President's action in Commander in Chief in the absence of the Commander in Chief to exercise his Cambodia. a congressional declaration of war. Executive discretion on an ad hoc, case­ The erosion, nearly to the point of I am introducing a bill today to ac­ by-case basis. This in its cumulative a trophy, of the power of Congress to de­ complish this. effect over the years, has led now to clare war was caused by a lack of in­ The constitutional duty anC: preroga­ great confusion and dissension within the genuity and imagination by the Con- tive of the Congress to pass such a bill is Nation, and has given rise to an anom­ gress in adapting the exercise of its dec­ inherent in its specified war powers in alous and doubtful legal and constitu­ laration-of-war power to evolving his­ article 1, section 8, including the power tional situation in the eyes of millions of torical circumstances. to declare war, and is explicit in the Americans. 19658 CONGRESSIONAL RECORD -SENATE June 15, 1970 I urge the Senate to correct this situ­ termination under paragraph (d) (section 1) the efforts of the Senator from New York ation by enacting the legislation I have shall, if sponsored or cosponsored by one­ will be welcomed by other Senators, by third of the Members of the House of Con­ intraduced today. It makes full provision gress in which it originates, be considered the other body, and by the executive for the initiation of military hostilities reported to the fioor of such House no later branch. in the absence of declared war in the than one day following its introduction, un­ Mr. JAVITS. Mr. President, I am four categories which have evolved from less the Members of such House otherwise grateful to my colleague. I read word for historic practice. It ::ives full scope to determine by yeas and nays; and any such word what I considerecl to be a most the·discretionary authority of the Presi­ bill or resolution referred to a committee impressive speech-though I disagreed dent in his executive capacity as Com­ after having passed one House of Congress with the Senator's conclusion on the shall be considered reported from such com­ mander in Chief. But finally, and most mittee within one day after it is referred to Church-Cooper amendment--which he important, this bill asserts congressional such committee, unless the Members of the made on this subject on June 9, and in responsibility related to declaring war as House referring it to committee shall other­ which he analyzed the precedents in an enjoined by the Constitution and as ex­ wise determine by yeas and nays. admirable way. The tremendous job of pected and demanded by the Nation. (b) Any b111 or resolution reported pursu­ research and the very fair judgments the I introduce a bill, which requires sig­ ant to subsection (a) of section 2 shall im­ Senator from Kansas made were most nature by the President, to make rules mediately become the pending business of helpful for me to consult in the final the House to which it is reported, and shall respecting military hostilities in the ab­ be voted upon within three days after such preparation of this bill. sence of a declaration of war, and ask report, unless such House shall otherwise For example, the Senator himself that it be appropriately referred; and I determine by yeas and nays. called the area in question "thichina, formerly referred to as the war in a little inftation if it bought an expand­ not being used, the prestige of the Presi­ Vietnam, is terminated. ing economy, full employment, a proper dency which ought to be, which is not Inflation can be fought by proper distribution of the fruits of our national being, placed on the line. monetary policies. There have been times production through appropriate wages I have spoken many times on the state when we have suffered from excess de­ and salaries, profits, interest income, and of our economy. And I have tried to take mand, and a too rapid rate of growth the like. a balanced view. I have disagreed with in the money supply served to worsen in­ But what do we have under the present some specific actions-or inactions­ ftation and to validate price increases, Nixonomic formula? We must pay the when the White House was occupied by a but this is not the situation today. There horrendous price of a runaway inftation. Democrat as when a Republican hap­ is no excess demand. Indeed, industry But even this is not buying a full em­ pened to be there. is operating far below optimum capacity. ployment economy, or a proper distribu­ I do not in any way seek to minimize Yet our Government still acts as if we tion of goods and services. In the upside the difficulties inherited by President were in an economy of shortages of goods down Nixonomic world, unemployment, Nixon. But, Mr. President, inheritance of and excess of money and credit. How up­ prices, interest rates go up and up while problems is no excuse for inaction. The side-down a national administration profits, production, and real spendable world turns, and action to correct im­ can become. income go down and down. balances must be taken daily. President Inftation can be countered by stand­ More than 4 million of our people are Nixon has not acted to correct those ards or regulations on wages and prices, out of jobs, vainly looking for work. This problems he inherited-he has only either voluntary or mandatory, and bY is 5 percent of the labor force-and the created more problems. Indeed, inaction commodity allocations or credit. But situation is growing worse. Yet, Mr. creates doubt when confidence is badly nothing has been done in this regard. President, President Nixon but alter­ needed. I wonder, Mr. President, how long it nately wrings and sits on his hands. The Government of the United States is going to take our Government to re­ Factory production is falling monthly, must have definite economic objectives. I alize that we are in a wartime economic and is now some 3 points below last year's think these can fairly be stated. condition, albeit a small war, but one level. We are losing $45 billion per year First, a rate of economic growth suf­ that has been prolonged and expanded in production of goods and services badly ficient to meet the requirements of na­ into the longest war in our history. needed for housing and health, for clean­ tional security and to provide full em­ The Congress has understood this sit­ ing up our environment. ployment for our people. uation pretty well, I think, and has re­ Yet, Mr. President, the disciplines of Second, the maximum practicable de­ acted to it pretty well-as well as Con­ laissez-faire government do nothing but gree of price stabilization and overall gress is likely to react to any complex, talk about rounding another corner. The inflation control. condition when it is not only without only visible signs of increased activity are Third, efficient and equitable distlibu­ Presidential leadership and guidance, but in the money markets. Here the fruits of tion of goods, income, and wealth. even faced with Presidential hostility. the hands-off policy is disaster. Interest These goals can be achieved, but not The Congress has voted the President the rates are already so high they are sta,g­ without careful planning and deter­ authority to impose a broad range of nating all credit-based economic opera­ mined action. Some out-of-date politi­ credit controls. The President has ig­ tions except for some big businesses cians still prate against planned econ­ nored this. I shall have more to say having ready access to such funds as are omy. We must plan and act for the about this aspect of economic problem­ available. Our credit-based economy can­ achievement, for the achievement not solving later in the week. not stand this very much longer without of just one, but of all these goals. Too Without going into a complicated eco­ suffering a collapse. much emphasis on one will unbalance, nomic analysis of our cun·ent condition, June 15, 1970 CONGRESSIONAL RECORD- SENATE 19661 it seems clear to me-and most experts and manpower, I sponsored the original to give effective voice to public opinion now seem to agree-that we are in a . Baruch plan. But Congress and the with respect to prices and wages. Being cost-push type of inflation. Clearly, there President procrastinated, and controls quasi-governmental in nature, partisan is no excess demand. There is demand, were not finally adopted until about 2 politics would be kept out of the work of all right, for housing, for public facilities, years later, by which time some 25 per­ these boards. They would be heard and for clean air and water, for more of the cent of the purchasing power of the heeded by management and labor. amenities of life. But these demands are dollar had been already eroded. These boards should be composed of not now pressing hard against our ca- Now, given current public and official representatives of the press, big and pacity to meet them-in some instances attitudes, what I have in mind today is small business, labor organizations, aca­ simply because we refuse to act, con- something of a half-way house toward demic institutions, religious groups, wel­ tinuing to ignore the problems, in others regulation. What I shall propose in a few fare and service organizations, and the for want of money or credit. Be that as minutes is machinery for mobilizing pub­ like. The boards would be permanently it may, the traditional demand-pull in- lie opinion and for bringing public pres­ organized, with a staff and secretariat fiationary conditions do not exist and sure to bear in an effort to stabilize paid out of Government funds, but the are not likely to exist for some time. prices. This will require effective presi- boards themselves would not be subject But we do, very definitely, have a se- dential leadership. This has been the to control by the President or anyone else rious cost-push inflation. With rising missing factor along with misguided pol­ in the executive branch. The national costs and falling production, industry icies. Board, however, would report to the leaders want to keep up their profits and, What I shall propose might not be President on a regular basis. if possible, push them to higher and necessary if we had proper presidential Local or regional problems could best higher levels. This means pushing up leadership. But, I might also add, what I be handled by the regional board. But prices for goods. And, in defiance of the shall propose will be an invaluable asset when a national problem arises, such as rules of what we often call a free enter- to any President who does want to use price setting for an important industry­ prise economy, this can be done in many the powers of his office in the exercise of the annually announced prices for new sectors of our economy. In all too many responsible leadership to bring about automobiles, for example-the National economic sectors, conditions of monop- price stabilization. I have been reading Board should swing into action, gather oly or oligopoly-big threes and big about a Presidential message on our eco­ pertinent information, alert the public to fours-operate to allow price fixing and nomic plight for weeks. Perhaps there is unnecessary or exorbitant price in­ quality skimping. Competitive pricing, room for hope that a reassessment and creases, and bring the pressure of or­ the traditional regulator of a free enter- action will yet come. ganized public opinion to bear on the prise system, does not function. Rather, I am convinced that American corpo- industry. we find cooperative pricing. rate leadership and the leaders of our When industrywide labor contracts are Wages will not lag behind. Industry- great unions are responsible men and to be negotiated, the Board should be in wide, nationwide bargaining by strong women, and that they will, and do, re­ a position to represent the public interest unions places a constantly rising floor spond affirmatively to public demand for by, again, getting together all pertinent under wage rates for all types of em- restraints in pricing and in the setting data and bringing pressure to bear on ployment. Purchasing power will not be of wages. It has become fashionable at the union leaders concerned, and on the allowed to lag. Wages, under today's con- the White House to decry the "jawbon­ corporate leaders, in order that the public ditions, will continue to rise. ing" efforts of recent past presidents, but interest may be served. And the cost of services is a leader, not such derisive comments are but poor ex­ Local or regional problems could best a !agger, in this self-defeating scramble. cuses for the failure to use the moral be considered by the regional boards. And The push upward must be slowed and and political influence of the office of the National Board should always be in halted on all fronts simultaneously. Only President. touch with the regional boards on antici­ Government action can do this. Dr. Arthur F. Burns, appointed as head pated local effects and sentiment. A ma­ Now, Mr. President, having allowed our of the Federal Reserve System by Presi­ jor function of all these boards would be, economy to get in this situation, Govern- dent Nixon, and Secretary George Rom­ of course, to disseminate their views and ment must join with other responsible ney, and others, have recently come findings to the public in order to mo­ elements-indeed, must take the lead- around to urging the adoption of some bilize public support for reasonable pric­ in getting us out. kind of voluntary wage and price con- ing and wage policies. Fiscal restraints are not in prospect. trois. Business leaders, labor leaders, eco­ Since the activities of the national Monetary restraints have been and are nomic authorities, and just plain people board would cut across many depart­ being applied, but alone they have and cry out for leadership. mental lines, it should report directly to are exacerbating an already bad condi- Voluntary controls, presidential "jaw­ the President. Upon its recommenda­ tion. It is time, then, to admit frankly boning," public pressure, do have some tions, the President would, hopefully, use that pricing actions in industry and in effect, particularly in the short run. his influence to persuade those threaten­ labor are not subject to the ordinary Every President ought to involve himself ing to exceed reasonable limits in their restraints traditionally brought to bear in this process-a most important part of policies or demands to fall into line. The in a free enterprise economy by fiscal the process of governing, of the practical President could well use findings of the and monetary policies. exercise of leadership. What I shall now board to buttress an appeal for restraint. Hand wringing and partisan name- propose will help the President to do this. The formal and institutionalized sup­ calling will not serve our purposes. Should the President persist in his re­ port of an alerted and informed public Neither will criticizing Congress for not fusal to recognize, and to take action in would, I believe, do much to promote the acting on recommendations that have pursuit of, the public interest, my pro­ success of efforts of the President to hold not been submitted. posal will at least partially fill this vac- down inflation to manageable propor­ Our situation may not yet be so desper- uum in leadership. tions.· ate that our people would support direct Mr. President, I send to the desk a bill And if the President does not show an and positive controls over a long period that provides for the establishment of a inclination to take action, as is today un­ of time, particularly when there is no National Consumers Advisory Board, to­ fortunately the case, the work of these clear and present sense of emergency, or gether with regional boards. These boards boards would be even more important. even a manifestation of interest in equal- are not strictly governmental organiza­ Their work in the public interest would ity of sacrifice for a war effort. tions, but quasi-governmental in nature. have to be substituted for the leadership Parenthetically, I might say that I have These boards would serve two functions: the President ought to be, but is not, not shrunk from advocating full controls First, they would be factfinding groups, giving. when that seemed appropriate, and they gathering information on prices, profits, Of course, public opinion not backed could now become appropriate if vigorous and wages in order that the public might up by the power-or the likelihood-of action is not taken through milder know exactly what is going on. Facts, positive action might be ignored. But mechanisms. In 1940, as World War n once gathered, would be broadly dissemi­ there are action tools available. There are was clearly approaching and the country nated to assist in public opinion formula­ the antitrust laws. There are Govern­ was gearing up for it, mobilizing industry tion. Second, these boards would be able ment funds to be dispensed or withheld, 19662 CONGRESSIONAL RECORD- SENATE June 15, 1970 contracts to be let, purchases to be ceived and appropliately referred; and, board shall select a chairman and a Vice negotiated. The Government is by no without objection, the bill will be printed chairman from among its members. means helpless. It is more often the will in the RECORD. (c) Fifteen members of the National Board or of any regional board shall constitute a which is lacking. The bill (S. 3965) to provide for the quorum of such board, but a lesser number But I do feel very strongly that this establishment of a National Consumers may conduct hearings. additional tool, these boards provided by Advisory Board, and for other purposes, (d) Service of an individual as a member my bill, could maximize the influence of introduced by Mr. GoRE, was received, of the National Board or of a regional board public opinion, regularize and institu­ read twice by its title, referred to the shall not be considered as service or employ­ tionalize it for the protection o.f the pub­ Committee on Labor and Public Wel­ ment bringing such individual within the lic in pricing and in wage setting. fare, and ordered to be printed in .the provisions of section 281,283, 284, 434, or 1914 RECORD, as follows: of title 18 of the United States Code, or sec­ If something like this will work-and tion 190 of the Revised Statutes (5 U.S.C. I think it will-we may avoid the neces­ s. 3965 99). Be it enacted by the Senate and House of sity, or make less frequent the need, for COMPENSATION AND EXPENSES OF MEMBERS more direct or mandatory governmental Representatives of the United States of Amer ­ ica in Congress assembled, That this Act may SEc. 6. (a) Each member of the National action. What I propose is a half-way Board and each member of a regional board house between price and wage fixing by be cited as the "National Consumers Advisory Board Act." will receive $100 per diem when engaged in the Federal Government, and allowing the performance of duties as such member. industry leaders a continuing free hand DECLARATION OF POLICY (b) All such members shall be reimbursed in pushing inflation to even more dan­ SEC. 2. The Congress declares that it is for travel, subsistence, and other necessary gerous levels. the continuing policy and responsibility of expenses incurred by them in the perform­ the Federal Government to use all practicable ance of such duties. This compromise will not please the means to insure that consumers are charged devotees of the free market as visualized fair and equitable prices for goods and serv­ STAFF OF BOARDS by Adam Smith. But, as a matter of fact, ices. To this end, the public should be in­ SEc. 7. (a) The National Board and each such a market does not now exist, and formed as fully ·as possible of the factors, regional board may employ and fix the com­ perhaps has never existed. We have long including wages, materials costs, manage­ pensation of such employees as it deems nec­ had a mixed economy. Government reg­ ment fees, cost of capital, and profits which essary to enable it to perform its functions. contribute to the pric~ structure so that (b) The National Board and each regional ulation of tariffs, transportation, and the weight of public opinion may be mobil­ board is authorized, without regard to the utility rates, minimum wage laws and ized and focused on actions of management civil service laws and the Classification Act f.arm price supports, for instance, already and labor which threaten to promote price of 1949, to procure temporary and intermit­ interfere with a so-called free market or wage inequities. tent services to the same extent as is author­ economy. So do nongovernmental actions ized for the departments by section 15 of the ESTABLISHMENT OF BOARDS Act of August 2, 1946, but at rates not to such as arbitrary price-fixing by indus­ SEC. 3 There is hereby established a Na­ exceed $50 per diem for individuals. try leaders. tional Consumers Advisory Board (herein­ (c) The National Board and each regional Indeed, there has never been a time in after referred to as the "National Board") , board is authorized to negotiate and enter the entire history of the Western world and a Regional Consumers Advisory Board into contracts with private organizations to when the so-called free market actually (hereinafter referred to as a "regional board") carry out such studies and to prepare such operated as visualized by neo-Adam for each of the regions referred to in sec­ reports as such board deems necessary to tionS. enable it to carry out its functions. Smiths. There have always been public FUNCTION OF BOARDS restraints operating through governmen­ DEFINITION OF REGIONS SEC. 4. Whenever there occurs or threatens tal as well as through non-governmental to occur, in any industry engaged in trade, SEc. 8. There shall be a regional board for agencies of society on prices and pricing commerce, transportation, transmission, or each of the six major geographic areas of the policies, and I am constantly amazed at communication among the several States or United States, the boundaries of which shall the large numbers of economists who do with foreign nations, or engaged In the pro­ be specifically defined by the National Board duction of goods for commerce, a general ad­ but which shall consi&t in general of the not seem to understand this. northeast, southeast, north central, south But my proposal stops far short of any justment in the price of any product or serv­ ice or a general adjustment of wage rates (or central, northwest, and southwest areas of authoritarian approach which would a labor dispute with respect to any such ad­ the United Staltes. substitute governmental decisions for the justment of rates), and such adjustment of HEADQUARTERS OF BOARDS in decisions of others all aspects of our prices or wages materially affects the entire SEc. 9. The headquarters of the National economic life. This is surely not wanted industry or a substantial part thereof, the Board shall be in the District o! Columbia. by most Americans. National Board (or, in the case of any such The headquarters of a. regional board shall be Other countries sharing our general adjustment or dispute the effects of which at such place within the area served by it as political and social philosophy have tried are confined principally to one of the regions it shall determine. referred to in section 8, the regional board out procedures somewhat similar to what for that region) shall hold hearings, make POVVERS OF BOARDS I am now suggesting, and they have often and publish reports, and take other appro­ SEc. 10. (a) The National Board and each worked well. We are a pragmatic people, priate action to collect and disseminate such regional board is authorized, for the purpose and I think we can work this thing out. information and data concerning the adjust­ of carrying out its functions- I do not think we must choose between ment or dispute as may be necessary to pro­ ( 1) to hold such hearings and to sit and runaway inflation, on the one hand, and vide a sound basis for informed public opin­ act at such times and places within the strict government controls, on the other. ion with respeot thereto. area served by it as it deems necessary; MEMBERSHIP OF BOARDS (2) to secure directly from any depa..'"t­ But if we do not come up with some way ment or agency of the Government any to safeguard the public interest and curb SEC. 5. (a) The National Board and each information, suggestions, estimates, or other private self-interest, we may soon be regional board shall consist of at least data in the possession of such department forced to choose between two alternative twenty-five but not more than thirty mem­ or agency (other than information or data extremes, neither of which we truly want. bers, to be appointed by the President. The the release of which, in the opinion of the I hope serious consideration will be membership of each such board shall include head of such department or agency, is in­ representatives of the press, big and sma.J.l consistent with the national interest or se­ given by Congress to inflation control, for business, labor, education, religious groups, curity); and it appears we will get little leadership welfare and service organizations, and other (3) to procure such office space, supplies from the White House. Our economy is major segments of the economy, and shall and equipment, printing and binding, and not now serving the public at maximum be so selected as to give equitable represen­ to incur such other administrative expenses efficiency, and this should be corrected. tation to the various geographic areas within as may be necessary. On tomorrow, Mr. President, I shall the area served by such board. Members of (b) Each such board shall meet at least again address the Senate on our eco­ any such board shall be appointed for terms once each calendar quarter, and at such other of six years except that, of the members first times as may be necessary upon call of its nomic problems, with particular empha­ appointed, the terms of approximately one­ chairman, or upon request of a.t least one­ sis on tax policy. third shall expire at the end of two years and third of its members. Mr. President, I ask unanimous con­ the terms of approximately one-third shall expire at the end of four years, and a mem­ ANNUAL REPORTS sent that the bill be plinted in the REc­ ber appointed to fill a vacancy occurring prior SEC. 11. The National Board and each ORD. to the expiration of a term shall be appointed regional board shall submit to the President The ACTING PRESIDENT protem­ only for the remainder of such term. from time to time such interim reports of pore (Mr. SPONG). The bill will be re- (b) The National Board and each regional its activities as may be desirable and, as of June 15, 1970 CONGRESSIONAL RECORD -SENATE 19663 the end of each calendar year, a full and of the original appropriated investment the Housing and Urban Development Act complete report of its activities during such in the power facilities of TVA, which as of 1965 to authorize financial assistance calendar year. of June 30, 1969, totaled $110,000,000, and for the development and improvement APPROPRIATIONS a return on the unpaid principal, which of street lighting facilities. SEC. 12. There are hereby authorized to be as of the same date totaled $~90,597,000. The PRESIDING OFFICER (Mr. appropriated such amounts as may be nec­ This represents a total payment into the DoLE) . Without objection, it is so ordered. essary to carry out the provisions of this general fund of more than $500,000,000 s. 3941 Act. since fiscal 1961. Mr. HANSEN. Mr. President, on be­ The purpose of the amendment that I half of the Senator from Pennsylvania S. 3967-INTRODUCTION OF BILL TO introduce today is to increase the au­

lion loan under the authority of the Defense NOTICE OF MOTION 'J4P SUSPEND RULES over them, and erect monuments to them. Production Act illustrate and epitomize many Pursuant to the provisions of Rule XL of If they are lost with their lives yet un­ of the objections and weaknesses in existing the Standing Rules of the Senate, I hereby lived, in some foreign land or in a ship procedures and practices a.s outlined above: give notice in writing that I shall hereafter buried forever in the sea, we can assuage Now, therefore, be it resolved, That it is move to suspend Paragraph 1 of Rule XVI, for our consciences for sending them there hereby declared to be the sense of the Senate the purpose of proposing to the bill (H.R. that henceforth the Federal Government 17399) an Act making supplemental appro­ by giving honor to their memory and shall not provide grants, loans, or guaran­ priations for the fiscal year ending June 30, making provision for their surviving teed loans for the purpose of bailing-out 1970, and for other purposes, the following dependents. private firms from the consequences of their amendment, viz, on page 12, line 8, strike But there is another group to whom decisions or financial mistakes until Con­ out "$50,000,000" and insert in lieu thereof we owe even more, for they are not dead gress has 1) defined the public purposes to "$100,000,000". but alive, and yet not alive. We sent them be served by such action, 2) outlined the specific circumstances in which emergency The ACTING PRESIDENT pro tem­ in our service, and now they are prison­ loans or grants to private businesses are jus­ pore (Mr. SPONG). The amendment will ers. They call to us ·across thousands of tified, 3) established the criteria by which be received and printed, and will lie on miles of ocean. I refer, of course, to our they are to be evaluated and judged, 4) the table. servicemen held prisoners by North Viet­ erected the machinery outside the Defense r two years ago. I can tell you this: That in each and every Thousand Nine Hundred Seventy.-Bobby TELEVISION INTERVIEW WITH SENATOR Channel, Mayor. week for 1970 the casualties are less than MILLER they were a year ago for the same week With MESSAGE FROM J. KENTON LAMBERT, STATE INTERVIEWER. For the past few weeks 1n one exception and that's only the matter DmECTOR, FARMERS HOME ADMINISTRATION the United States Senate there has been a of a very small number. Actually, tt•s about This is a time of thrilling progress 1n West very searching discussion on South Vietnam one half the number of casualties each Virginia, rural communities are moving to and the things which surround that war. In week this year compared to a year ago. And meet the challenge of a richer, fuller tomor- order to give our listeners some insight into you go back two years a.go and It's about a 19668 CONGRESSIONAL RECORD -SENATE June 15, 1970 third of what there were in the comparable United States said "every man is going to be Now, here you have another aspect of week of two years ago. And so, the number out of Vietnam as quickly as possible," tha.t ~his--the legal aspect. Some people saying, of casualties is going down, thank goodness, it wouldn't be until the end of this year that well, the Constitution says that the Con­ and that's headed in the right direction, it would be humanly possible to do this. gress shall declare war." Well, what about I think. That's a pretty substantial country. You've that? Well, if I thought that we were oper­ INTERVIEWER. Well, Senator, as the CasU­ got people-Americans-scattered all over, ating illegally because Congress had not alties drop-we're speaking now, I pre­ bases all over in the jungles, and the best declared the war, I assure you I would have sume, of casualties. of our own men, rather estimate I've heard is that from the logistics ·been up there on my feet a long time ago than the South Vietnamese. Is that cor­ standpoint--and I know something about fighting this whole thing. But the Constitu­ rect? logistics--it would be humanly impossible to tion doesn't say that Congress shall formally Senator Mn.LER. That's right. I might say get them all out before the end of the year. declare war. What counts is that Congress in connection with that that the number of So, even if we said "it's an illegal war, let's express its Will. And Congress did so on South Vietnamese casualties, of course, is get them all out tomorrow," we couldn't do two different occasions. going up. This is a part of Vietnamiza.tion­ it. But on this matter of an illegal war, I hope The first one was the so-called Gulf of for the South Vietnamese to take over more you would understand that if I thought that Tonkin resolution back in August of 1964. of the ground fighting and for us to take over we were engaged in an illegal war, I'd be up I was up here and we were debating it. And less, to relinquish it. That's why we have there on the Senate floor, and I would have during the course of the debate, Senator 115,000 fewer ground combat troops there been up there a long time ago, condemning John Cooper of Kentucky asked this ques­ today than we had a year ago. That's why an­ the whole thing. But, back in the fall of tion: "Then, looking ahead, if the Presi­ other 150,000 are coming out. Now, it's true 1965, I think this problem was pretty well dent decided that it was necessary to use the trend of the Communist attacks is go­ gone into, and most of us around here, I such force as could lead into war, we will ing down and that's favorable. But neverthe­ thought, felt it had been pretty well settled. give that authority by this resolution?" less, they haven't gone down enough to avoid There are two key committees of the Ameri­ And he asked the question of Senator Ful­ having the casualties to our South Viet­ can Bar Association which contain the cream bright, who was managing the resolution, as namese allies go up as ours are going down. of international lawyers in this country. is proper since he was Chairman of the For­ INTERVIEWER. You feel, then, that they are Those two committees are the Committee on eign Relations Committee. Senator Fulbright really taking over the brunt, so to speak, of International Law and the Committee on replied, "That is the way I would interpret the attacks, even though they are being re­ World Peace through Law. Now, not every it." Now, don't tell me that the Congress duced, attacks made by the Vietcong and the international lawyer in the United States is didn't know what was going on. And out of North Vietnamese? on those two committees, but I assure you the 535 members of the Senate and the House Senator MILLER. Well, there's no question the best ones are. Now, back in 1965, those down here on Capitol Hill, there were only about it. The casualties to the South Viet­ two committees went into great depth on the five who voted "no". So, is there any ques­ namese troops this year are about three war, and they unanimously concluded that tion about the will of the Congress after this times the number of American casualties in we were legally in South Vietnam under the colloquy with Senator Fulbright? each week. Now, you go back a year ago and SEATO treaty and under the Charter of the And then, I might say, if that isn't enough, they would be roughly about the same. You United Nations. I just don't know of any seven months later President Johnson sent go back two years ago and the American authority that can match that. I know that over a message to Congre~, accompanied by casualties are about tWice the number of there are some who may not go along with an appropriation request specifically for the South Vietnamese casualties. So, the trend the American Bar Association on every mat­ war in Vietnam. He accompanied this appro­ is up for South Vietnamese casualties. The ter, but here this was a unanimous decision. priation with a statement that the leaders in trend is down for U.S. casualties, which fits There wasn't a single dissent. And, to me, Hanoi and Peking had been making noises with this Vietnamiza.tion program. that's the best authority I can offer on that indicating that they didn't think that the INTERVIEWER. Of course, along with that-­ point. people or the Congress supported the war in and of course this is a minor item really from INTERVIEWER. Well, Senator, of course, we Vietnam. the standpoint of our own country and our do have experts--we have people who think He said I want the Congress, I hope the own people-is the question of the cost of they're experts and others who really are. I Congress will approve this appropriations bill the war. We'd rather have the cost low and think you're very well qualified from a legal which is solely for the war in Vietnam so it the casualties low, I'm sure. But how about standpoint to speak on that subject, but we will demonstrate to the leaders of Hanoi and -the cost of the war? do have a certain number of college profes­ Peking that the Congress and the President Senator Mn.LER. Well, here again, the trend sors and people who are in respected positions are joined together in a determination to is in the right direction. As I said earlier, who come up with different viewpoints. How preserve the independence of South Vietnam this war got up to a $30 billion-a-year cost. do you justify that and how does the average and to prevent Communist aggression from That was in fiscal 1968. Now the cost dropped listener justify in his own mind as to who is defeating that. Well, here again of the Con­ from $30 billion, or thereabouts, in fiscal year right and who is wrong? gress, 535 members, there were seven who 1968 to $24 billion in fiscal year 1969. It'll Senator Mn.LER. Well, I think you have voted "no". Is there any question about the be down to around $17 billion for the current to make up your mind where you're going will of Congress in this connection? I think fiscal year 1970, which ends at the end of to place your confidence. I've said to a great it's quite clear that as far as the Constitution this month. And the estimate for fiscal 1971 many of my friends--and I have dear friends is concerned, the Congress has made a de is that it'll be down to around $13 billion. who disagree on some aspects of this-that facto declaration of war and has indicated Of course, that's a lot of money, but I would if they can find me better authority I'll ac­ its will. sure rather see $13 billion a year for the war cept it. But the better authority to my INTERVIEWER. Senator Miller, I think most in Vietnam than $30 billion, and the impor­ knowledge just doesn't exist. Now I was a people who heard your discussion of that tant thing to emphasize, I think, is that we're college law professor at one time, I wrote matter will agree that we are legally at moving in the right direction. If we weren't some law review articles, and I differed with war. Both the Congress, the President and moving in the right direction, I'd certainly certain court decisions and things like that, all of the people are aware of that fa-ct, and be very critical. May I mention one thing? and I understand that there are some schol­ I don't think it's debatable from now on. So In connection with those cBISualties, I said ars who may go into this thing and arrive let's look at it from another standpoint. the casualties each week this year are sub­ at some different conclusions. Many Senators may disagree with you as to stantially lower than a year ago and in most what we should do or what we should not do. However, I must repeat, here you have the I'm sure all feel, however, that we should cases about half. I want you to know that cream of the international lawyers of the I have the casualty reports since the Cam­ come to a peace as soon as is practical and United States on these two committees, and possible without losing too many lives. So, bodian sanctuary operation and even with they unanimously came to the conclusion the casualties that we've suffered in Cam­ my question has to be: What can we do that they did. Now, I think what causes a lot along that line to accomplish a peaceful bodia, our total casualties for Cambodia and of the difficulty here is that there are a South Vietnam by week this year--and that settlement of the matter With honor, which number of people who say, "Well, yes, they everybody says we must have? How do we started about the first of May-are less by found that we were legally there under the quite a bit than they were in the correspond­ do that? SEATO Treaty, but the SEATO Treaty was Senator MILLER. Well, first of all, let me ing week a year ago. So, even With the oam­ bad." Well, I'm not going to say whether bodian operation thrown in, what I've said throw out this observation: I wish I could it was bad or good because I wasn't here in agree that everyone is agreed that we're go­ holds true. the United States Senate back in, I think INTERVIEWER. Senator, we have some people ing to get out of this war on an honorable it was, 1955 when every member of the Sen­ basis, but I'm afraid that I can't say that. who seem to think that this is an illegal war, ate except one voted to ratify the SEATO that only the Congress has the right to make I have run into people who say: "we don't Treaty. Senators Fulbright, Mansfield-a lot care whether it's honorable or dishonorable; a declaration of war. How-do you feel about of these others who are very critical about that? we don't care that many thousands of Amer­ the war-were there and they voted for icans have given their lives for a purpose over Senator Mn.LER. Well, there are two an­ the SEATO Treaty; and it's under the SEATO here; let's get them out tomorrow." Now this swers,_! think. One of them is, and, of course, Treaty that the commltment was made un­ is not an honorable basis. It's a dishonor­ you know it follows, when somebody says it's der which we have been operating. I don't able basis. We have pending in the Senate a an illegal war that you ought to be out of know whether I would have voted for it or so-called "End the War" amendment, an there tomorrow. I want to mention this not if I'd been here back in 1955, but I amendment 609 authored by Senator McGov­ point: That, even if the President of the wasn't. ern and several others. June 15, 1970 CONGRESSIONAL RECORD-SENATE 19669 Now, this is calculated to-I mean it has South Vietnamese language cannot absorb ties go on and on and on, that they ca.n win written into it--that all U.S. troops will be the translation of these technical publica­ the war in Washington, just like they won out of South Vietnam by July 1, 1971, tions, so we have to teach the South Viet­ the war against France in Paris. Now, I must roughly a year from now. namese English and then familiarize them say that if we were not going in the right I surely don't question the good inten­ with these maintenance manuals. And that's direction-if our casualties were going on at tions about this resolution, but I must say going to take another year to a year and about the same level as they dd.d a year or that it almost amounts to a peace at any a half. two ago, if the cost of the war was still up price proposition. It's saying: "We don't It seems to me that under this "End the around $30 billion, if we still had 550,000 care what the circumstances are, whether War" amendment, to just pull them all out men over there-! think that the North Viet­ it's going to cost more American lives be­ of there, right at the time ground force namese would have a pretty good strategy. cause those that have been remainin;; behind Vietnamization is about through, could But it isn't working out that way. The num­ have not been adequately protected; we undercut the whole thing that we've been ber of our casualties is about a. third of don't care whether it's going to undercut working for. What is needed is flexibility for what it was two years ago, about a half of the whole Vietnamization effort; we don't the President, regardless of who's President, what it was last year. And they're going down. care, just so they're out by July 1." And I so that as Vietnamization is comrleted in And, of course, as Vietnamization goes ahead must say that I take a dim view of that ap­ the ground forces, then the Vietnamization and you bring another 50,000 of our troops proach. I don't question the intentions, but of the air forces can be accomplished on a out by October and 90 percent of our ground to me it just doesn't make sense, and the best phased basis and on an orderly basis. combat troops out by next spring, I think thinking of the people I've talked to, those Of course, in the meantime, I think every­ that their strategy is going to go out the who have had the experience over there, agree. one would like to see this war end as quick­ window. And that's why many people think You can always find, I know, you can al­ ly as possible, and I get back to my orig­ that as Vietnamization gets nearer and ways find in any army of three or four hun­ inal proposition: It could end tomorrow if nearer its final result, the North Vietnamese dred thousand men-you're always going the North Vietnamese were willing to enter will be more interested in peaceful-in a ne­ to find a certain number of dissenters. But into a cease fire and into meaningful nego­ gotiated settlement. I've been over there; I've talked to some of tiations for a negotiated settlement. There INTERVIEWER. I'm sorry we can't continue, these people. And, you know, I've talked to are many knowledgeable people who know Senator. It's been a very interesting discus­ them in the hospitals, and there's nothing more about this than I, because they've been sion, very illuminating. I hope our listeners like talking to some of the American boys in over there and lived over there, who think got a great deal out of it. This program has the hospitals, especially those who are in that as Vietnamization increases, goes for­ come to you from the nation's capital. Our the intensive care ward and may not make ward, as the American casualties go down, guest was Senator Jack Miller of Iowa. it. And to come along and undo what they've the North Vietnamese will be increasingly in­ paid a sacrifice for, to me, is unthinkable. terested in meaningful negotiations. Now, at the same time, however, that Now, the trouble with the "End the War" ADDITIONAL STATEMENTS OF doesn't mean that we should commit our­ amendment is that if you put a fixed dead­ SENATORS selves to being over there for five or ten or line of July 1, 1971, and all American troops twenty years, for ever more. I think that our are going to be out, you kill off the pos­ UNITED STATES AND JAPAN ON commitment, and I'm quite sure that the sibilities of negotiation. There's no incen­ President feels this way, has been on the tive whatsoever for the North Vietnamese to BRINK OF CATASTROPHE IN premise that the South Vietnamese wlll help negotiate. Now I, for one--and I think most TEXTILES themselves as rapidly as possible. There are of us-want to preserve the possibility, Mr. JAVITS. Mr. President, a crucial some people who say: "Oh, the South Viet­ whether it's a 5 percent chance, a 10 per­ namese don't care about what's going on cent chance or a 50-50 chance, of ending decision will be made later this week over there." Well, the South Vietnamese this war on a negotiated settlement. And which will help to shape our foreign eco­ have lost 110,000 of their army people in that's one of the major defects in this nomic policy in the 1970's. An admin­ this war; that would be roughly equivalent so-called "End the War" amendment. istration witness is scheduled to testify to a million and a half Americans, on a per­ I might add further that there is some before the House Committee on Ways centage of population basis. possibility it might pass the Senate. I don't and Means later this week to outline the I would venture to say that if a million think there's been any nose counting, but status of the United States-Japanese and a half American boys had been killed in a it's possible it might pass the Senate. But textile negotiations and to give the ad­ war that the people of the United States around Capitol Hill, your knowledgeable peo­ could not be said to have cared. The South ple will tell you that it doesn't have a ministration's position on the Mills bill Vietnamese care very greatly. That's why chance of passing the House of Representa­ which calls for the establishment of 110,000 have been kllled already, not to tives. And so I think there's a great amount comprehensive quotas on all textile, mention the horrible problems of many of of debate, going on, a lot of public agitation apparel, and shoe imports. the civilians and refugees. But I don't think going on, over what in my judgment is a Selig Harrison, of the Washington there's any intention to say: "Well, fellows, most unfortunate amendment-well-inten­ Post, has reported from Tokyo that if you want to drag your feet and take four tioned, but not practical-and I regret it Japan's Trade Minister, Kiichi Miya­ or five years to have Vietnamization work, very much. I'd like to see us move ahead don't worry, Uncle Sam will be there to take into some other possible areas where you zawa, warned that Japan and the United care of you." There's no intention like that could have some bipartisan support. Another States are on the brink of "catastrophe" at all. And the whole progress of Viet­ thing that bothers me about amendment 609 in their relations. It seems that the namization, which has only been going on a is that it has received some very unfor­ United States-Japanese impasse over little over a year, indicates that the South tunate partisan political coloration. This par­ textiles which has periodically made Vietnamese don't intend to have it happen ticularly happened when the National Demo­ the financial pages only of the U.S. press that way, and, of course, we don't either. cratic Party Chairman, Larry O'Brien, came has consistently been front-page news As I say, by next spring, with another 150,000 out and declared that he was very much in Japan. Mr. Miyazawa has also stated: of our ground forces out, that'll mean 90 per­ for it and intimated that President Nixon cent of our ground combat troops out of wasn't doing a good job as Commander-in­ This has touched upon some deep nerves there. And that, of course, is where most of Chief. To me, something like this ought in my country, something in the national our casualties have come from. We've had to be about as far out of the partisan polit­ sentiment of the Japanese people. If this some casualties, of course, in the air opera­ ical arena as you could get anything. I've were a dispute between Japan and Indo­ tions and some of the logistics operations, always operated on that basis, and I think nesia it would be different. It is between but the great bulk of them have come from it's very unfortunate that you've got par­ one very strong country and another that the ground combat troops. Now, when you tisan politics being played with this amend­ has now become fairly strong, so factors of get 90 percent of those out of there, I sug­ ment. psychology and pride are involved. gest to you that our casualties will be way, INTERVIEWER. There's no doubt, is there, It would not be farfetched to sug­ way down. I hope they're gone. But cer­ Senator, that things of this sort are very tinly they'll be way down. The next thing harmful to carrying out our foreign policy gest that the serious anti-American riots is: What do you do when you get Vietnamiza­ as laid down by the President and by the now taking place in Japan over the pro­ tion of the ground forces accomplished? You State Department? Doesn't it put us in a very posed extension of the Japan-United have to get Vietnamization of the air forces non-strategic position from the standpoint States security treaty may be drawing accomplished. That's going to take more of China, North Vietnam and these other support from the continuing textile time. people? Don't they say, "Well, the people dispute. It takes time to train South Vietnamese to aren't behind him. If we stick it out long Mr. President, the picture fortunately maintain sophisticated aircraft. They have a enough that we won't have to lose too many number of very fine pilots, but it takes more men. They'll just get out and give it to us." is not totally black, and the door for a for an air force than to have somebody who That must be the impression, isn't it? mutually acceptable compromise agree­ can fiy a plane; you have to maintain it. SenS~tor Mn.LER. That's the strategy that I ment still appears to remain slightly There are complicated mechanical instruc­ understand the North Vietnamese are striv­ ajar. Minister Miya.zawa also stated that tions, engineering instructions, and the ing for. They feel that, as American casual- Japan would make a last ditch compro- 19670 CONGRESSIONAL RECORD-SENATE June 15, 1970 mise offer to the United States this week. the plan will offer one-year textile export ous misunderstanding" apparent in discus­ In characterlzing this forthcoming offer, curbs by Japan, pending a multilateral agree­ sions with the United States since Secretary ment within the tramework of the General Stans paid his first visit to Tokyo 1n May, Minister Miyazawa has stated: Agreement on Tariffs and Trade (GATT), 1969, Miya.zawa said that imports of man­ We want to show our goodwlll by making but will not include a provision sought by made fibers from Japan represented only 1 this offer even though we know that it may the United States for automatic continuance per cent of total consumption in the United disappoint Mr. Stans and is anathema to of bilateral restraints in the event that mul­ States during 1969, and that it is "obviously our own industry. We want to make it clear tilateral talks fail. an overstatement to say that this causes in­ that we did offer this much to save the sit­ Japanese industry leaders are adamant in jury or even the threat of injury to your uation even though we believe that the their refusal to consider a commitment be­ textile industry." United States has no reasonable justifica­ yond one year, Miyazawa explained, and An even more basic misunderstanding, he tion for asking this of us. pointed to the failure of the United States continued, lies in the American belief that to live up to the 1962 cotton agreement con­ the Japanese government can compel textile It would be in the interests of all in­ cluded by the Kennedy administration as makers here to go along with its desires, dustrialized nations if the new, forth­ proof that Washington will seek to extend since "we have no legal instruments enabling coming Japanese offer is reasonable any bilateral import curbs on manmade fi­ us to force our will on them. We have to get enough to become the basis of serious bers indefinitely. When Japan agreed to vol­ them to agree, to acquiesce. If the United negotiations. Until this reasonable offer untary curbs on cotton textiles under the States understands these two points, then is forthcoming, the ball rests squarely 1962 pact, the United States pledged that it will be clear that our offer is in a spirit of "since these measures are intended to deal goodwill and good faith." with Japan. However, it is worth noting with the special problem of cotton textnes, that to date, all compromise proposals­ they are not to be considered as lending A BRITISH PROPOSAL be they made by American business themselves to application in other fields." When foreign secretary Michael Stewart visited Japan in April, Miya.za.wa disclosed, statesmen like Donald Kendall, by U.S. NO STAND ANNOUNCED congressional leaders, or by interested Stewart proposed that Japan and Britain co­ The Nixon administrat ion has not yet sponsor a meeting of major exporting coun­ Europeans-have not been given the formally announced its stand on a textile tries on the textile problem. But Japan de­ weight they deserve. and footwear quota bill sponsored by Ways clined both this offer and another from the Mr. President, the seriousness of this and Means Committee chairman Wilbur European Economic Community because matter cannot be overestimated. The Mills. Mr. Nixon reportedly told a delegation "we didn't want to gang up against the Nixon administration is now facing its of textile industry and congressional leaders United States. We consciously avoided this moment of truth in the trade field. The at the White House on Monde.y that the to show our good faith. We argued that agree­ wrong decision could result in retalia­ outlook for a negotiated settlement with ment in substance between Japan and the Japan and other major textile exporting United States should precede multilateral tion, alienation of the U.S. key trading countries was "not bright." moves." partners, and even a worsening of the Enactment of the Mills Bill would be "the Rejection of the British move was in the grave economic problems we face at beginning ar the end of the entire interna­ spirit of an assurance given by Prime Mini­ home. It is worth recalling that imports tional trading system we have built in ster Sato in his talks with President Nixon are an easy scapegoat during a time of GATT," Miya.zawa said, provoking a "chain last November that Japan would "do its ut­ economic downturn, and that if im­ reaction" of quota moves by electronic and most" to work out a bilateral settlement with ports are made such a scapegoat the auto manufacturers in the United States the United States reflecting the "intimate" downturn can be worsened. and demands for retaliation in both Europe relations between the two countries, Miy­ I ask unanimous consent that Selig and Japan. azawa said. "This has touched upon some deep nerves The newspaper Asahi Shimbun said yester­ Harrison's article, published in the in my country, something in the nationa.l day that the Japanese compromise offer was Washington Post of Sunday, June 14, sentiment of the Japanese people. If this cabled to ambassador Ta.keso Shimodda for and an earlier Washington Post edi­ were a dispute between Japan and Indo­ presentation to the United States following torial on this subject be printed in the nesia it would be different. It is between one a meeting Thursday between Sato, Miya­ RECORD. very strong country and another that has zawa and foreign minister Kiichi Aichi. There being no objection, the articles now become fairly strong, so factors of psy­ chology and pride are involved." LIMIT TO GOODWU..L DEMONSTRATION were ordered to be printed in the REc­ Miyaza.wa avoided the use of the word oRD, as follows: U.S. IMAGE INVOLVED "final" to describe the expected offer. But he (From the Washington (D.C.) Post, June Whatever the outcome, he added, "I am said that "there is a llmit beyond which we 14, 1970] . afraid that the image of the United States cannot commit ourselves, a limit to what will be lowered in the eyes of the Japanese we can do as a maximum show of goodwill. UNITED STATES, JAPAN ON BRINK OF "CATAS­ people because it is not felt that you are TROPHE" ON TEXTILES That is not threatening anybody. It is a sim­ making just and reasonaJ le demands. It also ple statement of what we can do and not (By Selig S. Harrison) is inevitable that passage of the Mills bill do. It would be a diplomatic lie to prom­ ToKYO, June 13.-Japan and the United would lead my critics in Japan to question ise something to the United States that we States are on the brink of a "catastro­ why we should carry out our plans for lib­ could not hope to get our industry to accept." phe" in their relations recalling the economic eration of trade and investment if the United It is understood that government leaders strife of the pre-World War Two period, trade States feels that it can act in another spirit." envisage export curbs during the one-year minister Kiichi Miyazawa warned yester­ Miyaza.wa, 51, is the leading soft-liner in bilateral restraint period permitting an in­ day. the Japanese government on trade and in­ crease over 1969 Japanese export levels to the In an impassioned appeal for rejection of vestment issues. He has failed to find a com­ U.S. fixed on the basis of the average annual pending congressional import quota legisla­ promise formula tolerable in the eyes of re­ growth in U.S. consumption of manmade fi­ tion aimed primarily at Tokyo, Miyaza.wa calcitrant textile industry leaders during two bers during an agreed-on recent period. One said in an interview that "it is not out of months of intensive negotiations here, but widely-mentioned plan would base this aver­ place" to compare the current year-long has argued in cab1net councils that the Jap­ age on the past three to fl. ve years. deadlock in trade negotiations between anese government should make its planned In addition to the term of possible curbs Japan and the United States to "strikingly offer anyway to avoid the impression of in­ and the export levels permissible, Japan and siinilar" struggles over textile imports in transigence. If Washington shows a concili­ the United States a.re also at odds over the thirties. atory response, he contends, Prime Minister whether the proposed curbs should be ap­ "I was in the United States as a college Sato will then be in a stronger position to plied on a blanket basis or only on specified boy in 1939," he observed. "I knew what was make the industry swallow a compromise, items. The government plan would reportedly in the air then in both of our countries and and if Washington stands pat, nothing will exclude items not produced in the United I did not like it. I do not like what is have been lost. States on the argument that imports in these in the air now. Of course, we are a different Miyaza.wa is the only member of the Sato areas do not inflict damage to the domestic Japan now with different ideas, and the re­ cabinet who speaks :fluent English and re­ industry under GATT criteria. lations between our two countries have be­ ceived this correspondent without an inter­ "The gap between us at the mom.ent ts come something very special. But even good preter present. great," Miyazawa concluded, "but there is friends can never, never afford to take each "We want to show our goodwill by making still a little time in which we can act to other for granted. this offer even though we know that it may avoid catastrophe." When critics in the tex­ LAST DITCH OFFER disappoint Mr. Sta.ns and is ana.them.a to our tile industry and the ruling Liberal Demo­ Miyazawa indicated that Japan would make own industry," he stated. "We want to make cratic party "talk to me about humlliation, a last-ditch compromise offer to the United it clear that we did offer this much to save I remind them of the record of relations be­ States ea.rly next week on the eve of a sched­ the situation even though we believe that tween our two countries and of how much uled June 18 appearance by Commerce Secre­ the United States has no reasonable justifi­ we owe the United States. I ask them which tary Maurice Sta.ns before the House Ways cation for asking this of us." is more humll1ating, to owe something or to and Means Committee. It is understood that St ressing two more major areas of "serl- give something?" June 15, 1970 CONGRESSIONAL RECORD-SENATE 19671 [From the Washington (D.C.) Post, April 12, making practice runs on a deserted Dulles major air carrier would be motivated to 1970] runway and a few gnat-sized private planes transfer significant service" out of National. "The hard, cold facts are that the stretch A WEATHERVANE CHOICE ON TRADE seemed to be playing touch-and-go on the concrete strips. Boeing 727 cannot be employed profitably at For more than a year Mr. Nixon has A man with a home movie calllera wan­ Na';ional without substantially altering the wavered between sectional and special-inter­ dered around the observation deck looking prospects for growth of Dulles and Friend­ est demands for trade protection, and the for something to photograph. ship," the study said. broader national interest in freer trade. That day, like all but one other, there was At 1:43 on a recent Sunday afternoon, a Now-in the textile dispute with Japan­ no spectacular skyjacking drama to give the United Air Lines Boeing 727 from Kansas he is at his administration's first moment of airport a few hours of attention. City touched its wheels to the runways, t ruth on this critical issue. If he caves in to To be sure, Dulles International, seques­ coasted almost to a stop and then rolled to his political creditors in Southern textile tered in rural farmland on the western edge a boarding gate. Now there were two planes states, he will be beckoning a protectionist of Fairfax County, does have its peak traffic again at Dulles International Airport. wave that will probably sweep far beyond hours. But its empty, cavernous terminal, its textiles and that also will probably doom his nonjamming auto traffic, its unmanned own trade bill. A major trade war is regarded ticket counters, its time-killing skycaps and CONVERSION OF GARBAGE TO OIL by experts as a real possibility. If, on the its deserted restaurant contrast sharply with other hand, he takes advantage of the mod­ Washington National Airport on a Sunday Mr. METCALF. Mr. President, we as a erate option open to him, his administra­ afternoon. Nation are blessed with an abundance of tion stands a good chance of riding out the There, plane after plane is lined up by the many low-cost materials of short-dura­ rough trade storms ahead. terminal in some phase of loading or unload­ tion utilization. As a result, we are facing In the campaign Mr. Nixon promised Strom ing, people thread their way through the an increasingly overabundant supply of Thurmond to limit imports of man-made crowded terminals, cars dent their way and woolen textiles from Japan, and upon municipal waste. This urban refuse is not around the traffic circle, long queues pro­ only a major environmental problem, but election he dispatched his Commerce Secre­ trude from ticket counters and waitresses tary to Tokyo (and other East Asian points) scurry in the airport restaurant. the associated costs of disposal are high, to make his promise good. But Japan, its gov­ In the year ending June 30, 1969, Washing­ and the apparent waste of potentially re­ ernment more nationalistic and its legisla­ ton Nationai. handled 10,051,906 passengers usable minerals are appalling. Scientists ture more textile-minded than at any time while Dulles accommodated 2,006,274. That and engineers in the Bureau of Mines, since the war, dug in its heels. The mood year many of the concession stands at Dulles as reported in the June 1970 issue of In­ grew intolerably bitter on both sides and made a profit for the first time. The airport dustrial Research, appear to be making progress seemed completely balked until opened in November, 1962. significant progress in their efforts to as­ Donald Kendall of the liberal Emergency During 1969, there were 225,609 takeoffs Committee on American Trade proposed a and landings by air carriers a.t National, 61,- sist in the solution of this mounting compromise. The Japanese government, al­ 535 at Dulles. waste problem. . beit reluctantly, accepted the Kendall plan Dulles is getting busier. In 1965, 863,435 Mr. President, I ask unanimous con­ as a basis for continuing talks. The American passengers passed through its gates. But the sent that the at'ticle be printed in the government, however, so far has not accepted same year, National was processing 6,544,081 RECORD. this plan. Senator Javits is manfully strug­ and Baltimore's Friendship more than 1.6 There being no objection, the article gling to put the administration's own best million. foot forward for it, but the industry-oriented was ordered to be printed in the RECORD, And by 1980, it is estimated, Dulles will as follows: Commerce Department is holding the other have a 29 per cent share of the Washington foot back. area airport business while National and LEsT WE FoRGET-CONVERTING GARBAGE The plain requirement is, as Mr. Javits Friendship each has 36 per cent. Now Dulles TO OIL states, presidential intercession. Everybody has only 13 per cent of the passengers. PITTSBURGH.-Interior Department scien­ interested in world trade is watching the 'To sum up, of all the airline passengers tists, who late last year started experimental­ White House intently to see how it handles who arrived at or departed from National, ly producing oil from garbage and waste this weathervane case. Protectionists in Con­ Dulles and Baltimore Friendship, two-thirds paper, have significantly improved and re­ gress are poised to exploit a sign of weakness. did so at National. duced the cost of the process. Over-all relations with Japan, the country It is this disproportionate activity (and A ton of wet urban refuse--minus bottles the United States hopes to make its main the jet noise and fumes that go with it) that and cans-now can be converted into a little Asian partner, are to a large extent in the has prompted civic groups, planning com­ more than one barrel of crude oil by treating balance. The Kendall plan-a freeze on im­ missions and some congressmen to urge the it at 1,500 psi with carbon monoxide and ports for a year while a presidential com­ Federal Aviation Administration (FAA) to steam at 250 C. Earlier conversions required mission makes a case-by-case determination order that many fights be transfered from 5,000 psi, 370 C, and higher concentrations of import injury--offers a reasonable way National to Dulles. of carbon monoxide, all of which greatly in­ out. It remains only for Mr. Nixon to decide But so far they have not made much head­ creased process cost. whether the nation's stake in expanding in­ way. And a recent decision by FAA admin­ Last year's experiments, conducted by re­ ternational trade is of higher value than a istrator John H. Shaffer to finally allow search chemists at the Pittsburgh Coal Re­ political debt. stretched jets (longer fuselages, more pas­ search Center of the Bureau of Mines, yielded senger seats) into National may complicate a benzene-soluble oil as the final product. things. Latest tests have produced a thicker, acetone­ THE FUTURE OF DULLES An FAA staff study obtained by Sen. Wil­ soluble oil. This change is attributed to the liam B. Spong (D-Va.) asserts, "Under pres­ use of lower pressures, temperatures, and ~RNATIONAL AIRPORT ent circumstances, the critical point in the CO concentrations. Mr. SPONG. Mr. President, I ask growth of Dulles will occur when restrictions The recent tests also have confirmed earlier unanimous consent to have printed in at National force the transfer of significant results that oil converted from garbage is service, particularly to Chicago, from Na­ low in sulfur-about 0.1%. Low-sulfur fuels the RECORD an interesting article entitled tional to Dulles. are particularly valuable for reducing sul­ "Stretch Jet Key at Dulles," written by "In our judgment that day is not far off fur dioxide pollution. Nitrogen content is William N. Curry, and published in the now. But the decision to admit the stretch relatively high ( 2 to 3 % ) , however, and will Washington Post of June 11, 1970. jet to National (setting the precedent for have to be reduced before the oil would be There being no objection, the article even larger air buses) will postpone that day suitable for refining into gasoline. was ordered to be printed in the RECORD, indefinitely." The experimental conversion process also In other words, the FAA prediction last works on wood by-products and sewage as follows: sludge. Oil yields in this case have about the STRETCH JET KEY AT D'uLLEs November that by 1980 Dulles would handle 11.38 million passengers is in doubt. And the same nitrogen content as the oil from gar­ (By William N. Curry) growth of National's passenger load would bage, but the sulfur is slightly higher, about At 1:23 on a recent Sunday afternoon, a exceed the 1980 projection of 16.4 million a 0.5 or 0.6 %. four-engine Pan American jet rolled down year. the runways at Dulles International Airport, The use of a stretch jet enables an airline pointed its nose at the hazy sky and became to carry more passengers at roughly the same WHO CAN AFFORD THE SST? airborne, on its way to Guatemala City. cost as flying a regular jet. Thus, it was fore­ Mr. PROXMIRE. Mr. President, a Then there was one jetliner left at the cast that when an airline found it could column published recently in the Chicago $110-million Dulles International-an 0. make more money by flying a stretch jet out Roy Chalk Trans-Caribbean jet from Puerto of Dulles than by using a regular jet at Sun Times puts the SST program in just Rico. A woman who had put a dime in the National, many flights would be switched to the proper perspective. The column coin-op binoculars on the observation deck Dulles. points out that the U.S. airlines are al­ called out to a friend, "Come here, Polly, all So the FAA study concluded that allowing ready overcommitted on the new jumbo you can see's a bunch of trucks. ., stretch jets at National would mean "in­ jets, and that some of the orders may In the sky, an Eastern Air Lines DC-9 was definite postponement of the day when a have to be canceled. It in clear that un- 19672 CONGRESSIONAL RECORD-SENATE June 15, 1970 less the airline Industry can pull out of This is the unhappy profit-and-loss position I invite the attention of Senators to the financial tailspin it has been experi­ of the airline industry, which is head over one individual who, as a public servant, heels in debt for a new generation of air­ encing lately, it will not come close to planes and probably won't be ready for an­ has had the task of getting the job done being able to put up the money for the other vast capital outlay in the 1970s. for the small business program in one of new SST's when they come along. The Air Transport Association spokesman our defense agencies. The column also describes a tape­ for the U.S. airlines warned on May 25 that The gentleman of whom I speak is recorded statement that the Department some orders for the new jumbo jets may_ Julian F. Ross, who is retiring from Gov­ of Transportation prepared for dissemi­ have to be cancelled. ATA's annual compila­ ernment service as Small Business Ad­ nation by phone. Anyone calling a special tion of "facts and figures" shows that the viser for the Defense Supply Agency. Mr. number would hear a message justifying 12 major U.S. carriers are committed for $6.6 billion worth of new equipment in the next Ross has been in Government service the SST in terms of the number of jobs three years, the bulk being for Boeing 747s since 1942; for the last 25 years he has that could be saved. As the Chicago Sun at $22 m1llion each and Lockheed L-1011 and worked in the Government purchasing Times notes, "saved from what?" Need­ Douglas DC-10 trtjets at $15-18 million each. system, serving between the years 1945 less to say, Dial-an-SST does not have an The airlines say they must have a fare in­ and 1962 as Assistant to the Chief of answer for this. crease over and above the 10.19 per cent they Procurement, Army Office of Quarter­ Mr. President, I ask unanimous con­ received in two hikes last year. This may be master General; Staff Director of the sent that the column entitled "Who can self-defeating because historically the car­ Armed Services Textile and Apparel PJ;"o­ afford the SST?" be printed in the riers have found that the way to fill air­ plane seats is to sell them more cheaply. curement Agency Directorate; and Act­ RECORD. The financial position of the airlines may ing Director of Business Services and There being no objection, the article render the Albatross as dead as the dodo by Chief of Small Business, General Serv­ was ordered to be printed in the RECORD, the time it becomes necessary to start hiring ices Administration. He has served as as follows: those 250,000 workers whose jobs will sup­ Small-Business Adviser for the Defense WHO CAN AFFORD THE SST? posedly be "saved" by this gigantic tech­ Supply Agency since 1962. (By William Hines) nological WPA. If this can be conveyed to Few people recognize the responsibili­ Congress before final action on the trans­ WAsHINGTON.-By the barest of margins portation budget, perhaps it will be possible ties that our Government employees in­ late last month, the Albatross (as the super­ to give this tired bird a decent burial. volved in purchasing activities are asked sonic transport airplane, or SST, is sometimes to bear. These people are entrusted with called) survived a test in Congress, perhaps and authorized to spend billions of tax­ to fiy on some remote day. THE 30TH ANNIVERSARY OF LOSS payers' dollars and are accountable for But the outcome of the vote in the House buying the best for the Government at on May 27 should provide food for thought, OF FREEDOM BY BALTIC COUN­ and give the Albatross' sponsors occasion to TRIES the lowest price. Mr. Ross not only had to be concerned with protecting the in­ wonder whether this eminently non-essen­ Mr. ALLO'IT. Mr. President, 30 years tiaJ project can survive another attack by its terest of the Government and the tax­ growing body of opponents. ago today, the armies of the Soviet Un­ payer; he was also charged with Sitting as committee of the whole to con­ ion invaded and occupied Lithuania, Lat­ looking after the interests of small Gov­ sider items in the Department of Trans­ via, and Estonia. ernment contractors. portation budget, the House defeated a mo­ The brave people of the Baltic States I should say that is quite a job for a tion to strike $290 million allocated for the must not be forgotten by those of us for­ man to perform adequately. But I would SST. The vote was too close for SST propo­ tunate enough to retain our freedom in not be talking about Julian Ross today nents' comfort: 176-162; a switch by only this dangerous century. In fact, we had he merely performed his job "ade­ eight lukewarm Congressmen would have should all learn a lesson from their cur­ killed the program. quately." He brought tenacity and imagi­ rent plight. nation to bear against all of the com­ It was obvious that the SST's sponsors It is very easy to lose freedom. It is were running scared even before the vote. plexities and frustrations of his job of Now that they have sampled the sentiment terribly hard to win it back. It is much promoting small business contracting, of Congress, the plane's lobbyists can be easier to preserve despotism than liberty, and his record of performance testifies relied on to intensify their propaganda cam­ especially when despotism is backed by to the success of his efforts. paign in an effort to defeat a similar maneu­ the tanks and bayonets of the Red army. I know that many Senators are aware ver when the transportation budget reaches This is the army that is enforcing des­ of the fine record of small business con­ the Senate. potism throughout Eastern Europe to­ tract awards that is held by the Defense The lobbying has been spearheaded by the day, and which would be enforcing des­ Supply Agency. I know that many are Transportation Department in response to potism in every town and hamlet of Eu­ the well-known fact that a mother tiger has aware of the courteous and effective not 1-10th of the ferocity of a bureaucrat rope today were it not for the vigorous manner in which the DSA small business whose empire is threatened. Late last month opposition of the United States. omce responds to congressional inquiries. the department put out an official statement We must hope that the dark despotism Many of us have had cases involving answering criticism of the SST project with that exists wherever the power of the small firms under contract to DSA which the rather sweeping assertion that "none has Soviet Union extends will not endure needed to cut through the maze of bu­ any substantial basis in fact." forever. And we must join with all reaucratic redtape, which needed some­ That was only part of it. Undersecretary friends of the Baltic peoples in calling of Transportation James M. Beggs signed a one to listen sympathetically, which on world public opinion to censure the needed help beyond that provided by ar­ letter to the New York Times alleging "some Soviet Union for "its continuing criminal rather serious inaccuracies" in an editorial bitrary procurement rules; which needed (adverse, of course) about the SST. The de­ occupation of these countries. all this to be able to get the contract partment, following up its contention that work done on time so that no one would all criticism of the Albatross is "specious," lose-neither the contractor nor the Gov­ launched a propaganda counterattack play­ A SALUTE TO JULIAN ROSS ernment. ing on popular concern over the shakiness of Mr. BmLE. Mr. President, our Gov­ As chairman of the Small Business the economy. ernment's policy of fostering the eco­ In a tape-recorded statement nearly two Committee, I have seen Mr. Ross' of­ minutes long, which could be heard by dial­ nomic health of the Nation's 5% million fice give that extra bit of help many ing a well-publicized number in Washing­ small business firms would indeed be a times for our committee, its members, ton, a dulcet-voiced girl said: mock effort without support from those and to Members of the Senate as a "If the SST prototype program is success­ individuals in Government and industry whole. And not begrudgingly, just be­ ful, it has been estimated that the jobs of who are strongly committed to this pol­ cause it was expected, but because there more than 50,000 production workers and icy. It is a well-known fact that many was a job to be done-the job of some­ another 200,000 jobs in allied services will be people regard our national small business times running interference for small saved." policy as a political gesture not to be contractors, sometimes guiding, some­ Saved from what? She did not say. taken seriously. But Congress established tim.es counseling, and always, always, But perhaps all the maneuvering pro and a small business policy for our Govern­ doing a selling job to buying omcials con in Washington will have less effect on the SST's fate than what is gOing on in the ment, for sound economic and social rea­ that small firms can do the job if given aviation industry today----eight years, by the sons, and we must rely on cognizant the opportunities. most confident estimate, before the first Government officials to implement the Mr. President, I wish Julian Ross a SSTs will be hauling revenue passengers. policy. fulfilling retirement, and I thank him June 15, 1970 CONGRESSIONAL RECORD- SENATE 19673 for a job well done in service to his THE 30TH ANNIVERSARY OF LOSS the illegal occupation of the Baltic States OF FREEDOM BY BALTIC COUN­ by the Soviet Union. country. I know that his example as a Just as noteworthy, Congress has adopted man who was not afraid to commit him­ TRIES House Concurrent Resolution 416 calling for self strnngly to his job will influence Mr. HRUSKA. Mr. President, my ded­ freedom for Lithuania, Latvia and Estonia. all who worked with him for many years icated colleague from Nebraska (Mr. This is our declaration that we will not to come. CuRTis) was unavoidably detained in forget these brave peoples and that we will continue to urge our President to direct the the State today following several week­ attention of world opinion at the United MILWAUKEE JOURNAL SUPPORTS end appearances there, but he has not Nations and other international forums to THE GENOCIDE CONVENTION forgotten a very important item which the denial of the right o'f self-determination he had placed on his agenda for today for the Baltic peoples. Mr. PROXMIRE. Mr. President, I am in the Senate. Mr. President, it is a fact that the United proud to say that the Milwaukee Jour­ The item is important not for its Nations has increased to over 120 nations, nal is among the growing number of pleasance but rather for its tragedy in with the greatest increase in small member­ newspapers urging Senate ratification of the history of man, and for the courage ship occuring during the last decade. the Genocide Convention. In an editorial, it takes to remind the world of its past Without exception all of these new na­ dated June 5, the paper notes that-- tions were former commonwealths or colo­ errors in order that those mistakes are nies controlled at one time by Governments A great nation that is a party to more than not made again by men who are free or of Western Europe. 4,000 treaties still perversely spurns one that in whose hands the freedom of them­ There are few vestiges remaining of what merely renounces the unthinkable. seives and others rests. was once labelled Western Colonialism. The paper goes on to say: Senator CuRTIS has asked me to bring But colonialism is not a thing of the past. to the Senate the remarks which he had The Soviet collosus stands astride a great A nation that refuses to take the pledge empire. Millions of people have been made against such an inhuman crime among na­ prepared for delivery here today on the subject to the new imperialism. Moscow has tions can only appear to want the weapon in occasion of the 30th anniversary of the become the capital of 20th century colonial­ its arsenal. invasion and enslavement of the Baltic ism. Mr. President, the Journal editorial countries-Lithuania, Latvia, and Es­ It is tragic and ironic that as former col­ should serve to remlnd all of us in the tonia-by the Soviet Union. onies in Africa and Asia emerge into nation­ Senate that our failure to ratify the I present my colleague's message with hood, and take their place in the United my full endorsement, Mr. President, as Nations, other ancient and honorable people, convention can only hurt the Nation's such as those of Lithuania, Latvia and Es­ credibility at a time when confidence in a solemn reminder of the high price of tonia remain imprisoned in the Soviet the Nation's principles is most impor­ freedom once it is lost, and ask unani­ Empire. tant. mous consent that it be printed in the It would seem to me, that these new na­ I ask unanimous consent that portions RECORD. tions, so proud of their hard-won independ­ of the Journal editorial entitled "Do We There being no objection, the state­ ence, and so outspokenly anti-colonial in Support Genocide?" be printed in the ment was ordered to be printed in the their outlook, should lead the fight to expose RECORD, as follows: and penalize Soviet colonialism. RECORD. Across half the globe, the Soviet empire There being no objection, the edito­ STATEMENT BY SENATOR CURTIS, 30TH ANNI­ sprawls--enslaving not just the Baltic na­ rial was ordered to be printed in the VERSARY OF LOSS OF FREEDOM BY BALTIC tions, but peoples of East and Central Asia, RECORD, as follows: COUNTRmS of Asia Minor, of the Balkans, of East Central Mr. President, some national a,nniversaries Europe. Do WE SUPPORT GENOCIDE? are in reality tragedies, but they must be Let us resolve to keep this record of repres­ A great nation that is paxty to more than marked and remembered if we believe in sion and colonialism, of enslavement and 4,000 treaties still perversely spurns one that freedom and self-determination. actual genocide, before the tree Governments merely renounces the unthinkable. After 21 June 15, 1970 is such an anniversary. It of all the world, and before the United years, the continued U.S. nonacceptance of is now thirty years since the Soviet Union Nations. the UN Genocide Convention not only invaded, occupied and demolished the three Lithuania, Latvia and Estonia have kept shames this nation but insults the 75 sister independent Baltic countries, Lithuania, alive their culture, their identity and their nations that have long subscribed to it. The Latvia and Estonia. love of freedom despite implacable attempts US looks silly and suspect. On june 15, 1940, as part of their cynical to submerge them. Last year President Nixon revived the deal with the Nazis, the Russian Communist It is our duty to take their message which issue by properly resubmitting the treaty to armies marched into the Baltic nations. comes from behind the Iron Curtain, to the Senate and urging ra,tification. Sen. Thereafter, the world had the first demon­ amplify it and broadcast it all over the free Proxmire of Wisconsin has been taking the stration of what is still a favorite Soviet world. fioor to remind the Senate of Its ratifica­ political charade: "Elections" were held These unwilling Soviet colonies must know tion duty every single day it is in session. New under the benign infiuence of Russian troops, we support them, that we abhor the deeds of hearings by a foreign relations subcommit­ guns and tanks. The people of Lithuania, their foreign masters, and that we will never tee have raised hope. Latvia and Estonia were then informed they cease to protest the tyranny or Soviet co­ From the outset in 1949 the American had voted to surrender their independence lonialism. Bar Association has maintained the prin­ in favor of life in the Soviet anthill. cipal blockade with twisted and outdated The Russian Communist leaders put the lega.lisms, despite all the secretaries of lie almost immediately to their own propa­ state and attorneys general who have re­ RESIGNATION OF DR. JAMES E. ganda. ALLEN AS U.S. COMMISSIONER OF peatedly discredited all objections and fears. If the Baltic peoples had so easily and All ABA sections having cognizance of eagerly consented to submerge themselves in EDUCATION the subject matter, along with the current the Soviet Empire, why did their new rulers Mr. ALLEN. Mr. President, on May 5, ABA president, have recently sought to feel it necessary to drag hundreds of thou­ 1969, when the nomination of Dr. James reverse its embarrassing position. That hope­ sands of Baits off in cattle ca.rs and dump fulness was dashed in February by a 130 to E. Allen, Jr., to be U.S. Commissioner of them into the Arctic and Siberia? Education and Assistant Secretary of the 126 adverse vote of the ABA House of Dele­ Why has this brutal policy continued until gates. today? Department of Health, Education, and Genocide is a systematic national policy Welfare was before the U.S. Senate for of exterminating a. whole ethnic, racial or Why, since June 15, 1940, have Lithuania, Latvia and Estonia literally lost more than confirmation I spoke in opposition to his religious group. The United States itself led nomination and later voted against the the UN to call unanimously for its formal one fourth of their entire population? outlawry, When the genocidal horrors of Because the Baltic peoples never consented confirmation of his nomination. German Nazism were being freshly exposed. to this fraudulent union, and have continued I ask unanimous consent that the en­ A nation that refuses to take the pledge to resist in one way or another ever since. tire text of my speech of May 5, 1969, against such an inhuman crime among na­ Nor has the Government of the United published in the CONGRESSIONAL RECORD, tions can only appear to want the weapon States ever recognized the seizure and forced volume 115, part 9, page 11410, be printed in its arsenal. Our small company outside the "annexation" of Lithuania, Latvia and Es­ in the RECORD at the conclusion of my !Pale includes, for instance, racist South tonia. remarks. Africa. To our credit, we maintain diplomatic This country is maklng 1tseU look as 1f relations with the former free governments The PRESIDING OFFICER. Without it were really afraid that it might be accused of the Baltic peoples. objection, it is so ordered. of genocide, with no successful defense. The All Presidents, since June 15, 1940, from

He was Ed Arn's campaign manager when Last Monday, the Assistant Attorney there was an effort to "influence, intimida~. Ed was elected governor in 1950 and again in General in charge of the Justice Depart­ or impede" a Congressional witness. Can you 1950 and again in 1952. And in 1952, Cl ment's Criminal Division, Mr. Will Wil­ also explain this for us? Moyer was one of the big men in Kansas son, appeared before the Committee on 4. The original efforts by the Air Force to close to Gen. Dwight Eisenhower. And as "influence, intimidate, or impede" Mr. Fitz­ state Republican chairman when Ike took Banking and Currency. Mr. Wilson told gerald occurred in the fall of 1968-when over as President, Ci Moyer was indeed on us the Justice Department plans no ac­ Fitzgerald was warned that there would be very solid ground. tion until the Civil Service Commission "blood on the floor" if he testified; when He was appointed regional director of the completes its civil proceedings involving Fitzgerald's tenure was revoked 12 days after SBA in October, 1953. He maintained his Mr. Fitzgerald. he testified; and when a memo was circulated home in Kansas (still lives in Fairway) but Mr. President, this is obviously a very detailing 3 ways in which Fitzgerald could be the step across the state line, for business lame excuse. A few pointed questions fired 2 months after he testified. purposes, was not a hard one. Ci always had Did the Justice Department investigate a lot of friends on the Missouri side. quickly expose just how weak this alibi possible violations of section 1505 then? Why Ci Moyer rode out the Democratic years is. For example, suppose the Commission not? and now that we again have a Republican were to decide that Fitzgerald should be Why, more than a year and a half after administration his situation couldn't look reinstated. What would the Department's these incidents took place, have you told us better. . decision then be on prosecuting? Or sup­ that Justice Department action is still ·"be­ The Small Business Administration has pose the Commission finds that Fitz­ lieved inappropriate"? When would be "ap­ changed its complexion somewhat since gerald is not entitled to reinstatement. propriate"? Moyer took over the Kansas City offic? nearly What then? How would this affect the You have told us that the Civil Service 17 years ago. For one thing (and thlS prob­ Commission proceeding prevents you from ably was inevitable) the volume of l?ans Department's decision? The point is that taking action now. But couldn't you have which it has a finger in is more than 10 t1mes reinstatement does not expunge the taken action before the Commission proceed­ that of 1953. crime, any more than a bank robber can ings were begun? on the other hand the SBA has been expunge his crime by returning his loot, 5. Suppose the Civil Service Commission getting out of the direct loan business. It and therefore the Commission proceed­ case is appealed from the hearing examiner is virtually out right now, Moyer says. What ings for reinstatement are totally irrele­ to the full Commission. Does the Justice it does is tell the guy to go to the bank and vant any criminal prosecution under­ Department plan to await the outcome of b"rrow the money and the SBA will assure to that appeal before proceeding? the bank that it wm be safe enough just taken by the Justice Department. Or suppose the case is then appealed to in case-just in the possible case-the guy I put such questions to Mr. Wilson last the U.S. District Court-Will the Department won't be able to pay off as expeditiously as Monday, and in each instance he refused continue to stand idly by? he hoped. to respond. In most cases, he failed even Can you give us a specific estimate when Of course, the loan client is checked out to offer any reason for his refusal to re­ the decision Will be made? by the SBA before he is directed to the bank. spond. "I refuse to answer that question" 6. Your letter of Feb. 18 also stated that The SBA tries to make certain that he's a was a frequent refrain. "certain individuals who may have material re!l.Sonable sort of a risk. information regarding the Fitzgerald matter The SBA does a lot of counseling with Mr. President, is this a throwback to did not, to our knowledge, testify before the small business men these days; much more the days of the Army-McCarthy hear­ Subcommittee. These include Mr. John A. than it used to. If the small business man is ings? Is the Justice Department taking Lang, Jr., and Mr. Thomas H. Nielsen." having trouble the SBA tries to show him the fifth amendment over the Fitzgerald Why is this relevant? What does whether how he can maybe work himself out of it. case? "certain individuals" testified at a hearing of And finally those volunteers: They're mem­ Mr. President, I ask unanimous con­ the Economy in Government Subcommittee bers of the Service Corps of Retired Execu­ sent that the questions I asked Mr. Wil­ have to do With your decision to prosecute or tives (SCORE, since the government is not? eternally searching for acronyms) , and they son last Monday be printed in the Has the Department of Justice questioned are at the ready when it comes to giving RECORD. Mr. Lang and Mr. Nielsen? management assistance to small business men There being no objection, the ques­ 7. Your letter of Feb. 18 also notes that to in trouble. There's about 100 of these SCORE tions were ordered to be printed in the establish a violation of the second part of members in Iowa alone. · RECORD, as follows: section 1505 (relating to "injury" of the wit­ They serve pretty much for free, although 1. Mr. Wilson, I have a few questions re­ ness), the government would have to show it's said they are reimbursed for actual out­ lating to the Air Force's intimidation and that Mr. Fitzgerald's firing was "on account of-pocket expense. firing of Mr. A. Ernest Fitzgerald, and our of" his testifying before Congress. Ci Moyer's grandfather homesteaded a correspondence over possible criminal prose­ In your opinion, what kinds of facts would tract of 80 acres which today is a part of the cutions resulting from this. In your letters, suffice to establish this link? What would present 320-acre farm. On weekends you'll you indicate that until the proceedings now you be looking for? find our SBA man up there on the Doniphan underway before the Civil Service Commis­ Don't you think the fact that Fitzgerald county farm poking around among his cattle sion are complete, the Justice Departmelllt was warned there would be "blood on the and looking down the corn rows. Will take no action in this case. floor" if he testified, coupled with the fact Just how are the Commission's proceed­ that his tenure was stripped just a few days ings relevant? after he testified, coupled with the fact that MORE THAN 200 DAYS WITH NO AC­ What does the civil case before the Com­ 2 months later a memo was circulated at the TION IN THE FITZGERALD CASE mission have to do with the decision to highest echelons of the Air Force detailing 3 prosecute under the criminal code? ways in which he could be :fired is sufficient Mr. PROXMIRE. Mr. President, it has What exactly does your deoision hinge to warrant at least the convening of a Grand now been 204 days since I first wrote to upon? What factors affect it? Jury to look into this case? What more would the Department of Justice requesting an 2. Suppose the Civil Service Commission you need to have sufficient grounds for an investigation of the Air Force's intimida­ decides that Fitzgerald should be reinstated. indictment in this case? . tion and firing of Mr. A. Ernest Fitz­ What would your decision then be on pros­ 8. An earlier letter from you referred to an ecuting? Air Force investigation of Mr. Fitzgerald's gerald. No action whatsoever has been dismissal. taken. Or suppose the Commission finds that Is the Air Force investigation now com­ There is no question that a crime has Fitzgerald is nQt entitled to reinstatement. plete? Have you been furnished with a copy What then? How would this affect your de­ of it? been committed. Title 18, section 1505, cision? Can you please furnish this Committee makes it a crime to "influence, intimi­ 3. Let me direct your attention to the first date, or impede" a witness who is appear­ with a copy of the Air Force investigation and part of code section 1505--the part which any accompanying reports. ing before a congressional committee. makes it a crime to "influence, intimidate, Section 1505 also makes it a crime to in­ or impede" a witness who appears before a jure a witness who has appeared and Congressional committee. I see nothing in testified. This is just what happened to this subsection which would require the gov­ WHAT ELSE IS HAPPENING AT THE Ernest Fitzgerald, the Air Force's cost­ ernment to show that the work of the sub­ UNIVERSITY OF CALIFORNIA committee was "obstructed" before proceed­ efficiency expert, before, during, and ing under this first subsection. Yet your Mr. CRANSTON. Mr. President, since after testifying to the Joint Economic letter of Feb. 18 states that this is a pre­ the 1964 eruption of the free-speech Committee about the huge cost overruns condition. Can you explain this please? movement at the Berkeley campus, the on the C-5A transport plr.ne. He was Also, I'm particularly at a loss to under­ University of California has suffered threatened; be was intimidated; and he stand how the Civil Service Commission ac­ from an image problem. Its unprece­ was fired. tion for reinstatement bears on whether dented growth and its academic achieve- June 15, 1970 CONGRESSIONAL RECORD- SENATE 19677 ments have been overshadowed by the Well, my job today is to bring you the nation's oldest and most distinguished learn­ magnitude of campus disturbances. The rest of the elephant--no pal'tisan political ed societies. symbolism intended. In short, I want to try Direct measures of undergraduate quality public's once-enthusiastic support has to bring image and reality closer together by are harder to come by and I am well aware diminished with each new outbreak of telling you what else is happening at the of the criticism that we sl1ght undergrad­ violence, and many have predicted the University of california. uates. But I find it impressive that year demise of the university as public reac­ First, some broad indices. I've selected the after year more National Merit Scholars tion to student unrest is demonstrated five-year period from the academic year 1964- choose to enroll at the University of Cali­ by voting down vital bond issues and 65 when the Free Speech Movement erupted, fornia than at any other institution in the withholding tax dollars. to 1968-69, the most recent year for which United States. Furthermore, the rash of mass demon­ we have final figures. You may recall that I hope these broad indices will begin to the gloomier observers af the FSM scene give you some sense of what else has been strations and riots in this decade has predicted it would lead to the demise, or at happening at the University over the last few worked to discredit the vast majority of least the serious decline, of the University. years. At the risk of boring you-the reality students who do not engage in violence, Certainly those first tumultuous events had is never as dramatic as the image--let me who do not destroy public property, who their impacts on the University, for good and mention a few more illus+rations. value their education, and who seek re­ ill, but dem'i.se or decline was not among Last year during the regrettable People's forms constructively through legitimate them. Park controversy some persons criticized channels. In the fall of 1964, University enrollment the University for lack of concern about I would like to call to the attention of stood at 71,000 students. Five years later, it open space. In that same year the University reached 99,000, an increase of 28,000 students. added its twelfth reserve area to our Natural my colleagues a speech delivered by During that five-year period the University Land and Water Reserves System, a program Charles J. Hitch, president of the Uni­ launched three entirely new general cam­ created by The Regents to preserve diverse versity of California, before the Com­ puses-san Diego, Irvine, and Santa Cruz-­ types of terrain and forms of life throughout monwealth Club of San Francisco on whose combined enrollments by the fall of California for teaching and research before May 29, 1970. President Hitch addresses 1968 reached more than 10,000 students. And, they are overrun by the state's explosive himself to the university's "image" prob­ in response to the state's critica.l health care population growth. needs, the University established t[hree new The University is occasionally charged lem by pointing out all the laudatory medical schools: at Davis, Irvine, and San accomplishments of the university and with not being relevant. I might mention Diego. I do not know of another university just one of our more relevant programs, its students in the years since the free­ of comparable stature anywhere that has Project Clean Air. This is a massive applied speech movement first hit the national matched this record of growth. While I am research program which we hope will involve headlines. not automatically equating great growth scientists on all our campuses in a concerted Mr. President, I ask unanimous con­ With progress, the absence of University attack on California's air pollution crisis. sent that the text of the address by Pres­ growth would be the denial of a university While some of our students and faculty Ident Charles J. Hitch, entitled "What education for thousands of our sons and are concentrating on the planet Earth and daughters and grandchildren. its problems, others at Lick Observatory have Else Is Happening at the University of Despite predictions of a mass faculty exo­ California," be printed in the RECORD. been focussing on the moon. They succeeded dus, the total instructional staff grew from in bouncing back a laser beam from a re­ There being no objection, the address 6,700 in 1964-65 to 9,100 in 1968-69, a stag­ flector left by the Apollo 11 astronauts, thus was ordered to be printed in the RECORD, gering record of recruitment and retention gaining greater accuracy in measuring the as follows: in a period of sharp competition. Of course moon's distance--a great aid to geophysics WHAT ELSE Is HAPPENING AT THE UNIVERSITY we can't claim the entire credit for holding and lunar physics. OF CALIFORNIA our faculty-some credit is due the negative Contrary to some popular opinion, our effects of the growing evidence that other scientific faculty also focuses on classroom Members of the Commonwealth Club: It major institutions no longer offered attrac­ is a privilege and a pleasure for me to be at work. From many such examples I might tive sanctuaries from social turmoil. I have mention Professor Joseph Mayer of our San this distinguished forum. Frankly, I have often thought about the few faculty mem­ been on the listening end of quite a few re­ Diego campus, who last fall received the bers who did leave Berkeley because of the American Chemical Society award as Out­ marks about the University these past few student unrest here, and how they must weeks, and it's rather a relief to be on the standing Teacher of Chemistry. Or Professor have felt the past year or so their new insti­ Sydney Rittenberg of our Los Angeles cam­ speaking end for a brief time. It's also a wel­ tutions: Harvard, Columbia, Cornell ... come opportunity, and one for which I am pus, to whom the American Society of Mi­ most grateful, to say some things that I be­ During five years of the most concentrated crobiology presented its 1969 award for out­ lieve are important and need saying about student unrest and protest in our history, standing teaching of microbiology to under­ the University of California. educational accomplishment at the Univer­ graduate students and for encouraging them Like many other institutions of higher sity of Ca.lifornia has forged steadily ahead­ to subsequent achievement. edu001tion, the University of California has as Witness the granting of a total of 93,330 And the art of teaching evidently inter­ experienced an appreciable amount of stu­ degrees on our campuses over that period. ests our students as well. This spring, Uni­ dent unrest in recent years. This fact has Private gifts and endowments have risen versity of California students once again led created at least two difficult tasks for univer­ steadily. the entire nation in the number of Wood­ sity administrators. The first is to deal as What about measures of quality? Admit­ row Wilson fellowships awarded to outstand­ effectively and fairly as possible with the tedly, the quality of an academic institution ing seniors who plan to become college unrest itself. The second is to cope with is more difficult to gauge. But there are teachers. problems arising from the institutional im­ enough different kinds of measures to sug­ Students are often criticized these days age that the unrest tends to create. gest the level of quality of the University for not working within the system for a bet­ The University's image is in many ways over the past five years. In 1966, for example, ter world. Well, they do. You may have heard as crucial as its reality. The essential sup­ the American Council on Education an­ of the University of California's record as the port of the legislature and the general public nounced the results of its two-year study of nation's outstanding producer of Peace Corps is base4l in large part on the image they have graduate work in 106 major American uni­ members. But perhaps you didn't know about of the institution. For some years the image versities. The study found the Berkeley cam­ the Santa Barbara students-! mean the was an outstanding academic institution pus to be "the best balanced distinguished 3,000 who have donated a total of 160,000 with a fine football team. Then, for awhile, university in the country." I would be very hours to such community service projects as the image was an outstanding academic in­ surprised if its ranks is significantly different tutoring, providing hot breakfasts for pupils stitution with a miserable football team­ now. A further indication of Berkely's gradu­ from poor families, taking youngsters on but the public charitably overlooked the ate strength is the number of doctoral can­ camping trips, helping an Indian tribe build poor football and continued its support. To­ didates this campus continues to attract a water system, and working with handi­ day, the image has come to focus so sharply from around the world. A 1968 .study by the capped and mentally disturbed children. Per­ on student unrest that the other part af the National Academy of Sciences showed Berke­ haps it hasn't come to wide public attention picture-the outstanding academic institu­ ley to be the nation's leading producer of that Riverside student government leaders tion- is almost lost to view. And the con­ academic doctoral degrees. donated their entire stipends for official du­ sequences in terms of public support and The University of California faculty now ties this year to help finance student-spon­ thus continued well-being are all too predic­ includes the largest group of Nobel Prize sored community service programs. Or that table. winners in the world-a total of 14. Eleven the Davis campus students called Davis In his contribution to our new volume of of the Nobel Laureates are at Berkeley. Amigos again this year gave up their spring centennial essays entitled There Was Light, The University of California now holds first vacations-this time to help build a health Daniel Koshland, Jr., comments: place in number of faculty invited to mem­ clinic and a storehouse at a migrant labor The critics of the University always seem bership in the prestigious National Academy camp in Yolo County. Or that Berkeley stu­ like the blind man with the elephant--they of Sciences, and is second only to Harvard dents have helped raise funds to provide grab one part of its enormously complex in faculty membership in the American scholarship assistance to more than 1,100 structure and belie-ve that is the whole. Academy of Arts and Sciences, one of the low-income and minority students under our 19678 CONGRESSIONAL RECORD-SENATE June 15, 1970 Educational Opportunity Program since cial ills, and particularly about Vietnam and different from past student protest 1n 1966. about racial inequality and poverty at home. several very important respects. First, it in­ These are the kind of students and faculty Most of these students do not propose tear­ volves what is no longer a minority but a and programs the people of California are ing down the democratic system but rather clear majority 0f the academic community­ supporting with their tax dollars. These are making it work as ideally as it should. But engineers as well as humanities students, the kinds of people and programs that will their idealism coupled with their impatience athletes as well as student government offi­ sutfer if those tax dollars are curtailed or and dedication have not always made life cers, sorority and fraternity members and bond issues disapproved because of public easy on campus. I very much appreciated a many other student groups that have not reaction to student unrest. little story I came across the other day, about until now been activists. The Cambodian op­ And now, having described some of what the professor at the London School of Eco­ eration and the shock of Kent State and else is happening in order to provide perspec­ nomics who was heard to remark to a col­ Jackson State have galvanized a l.:oad cross­ tive let me turn to the specific subject of league during a protest there, "You'd never section of the campus population. student unrest. I want to share some of the believe that a group could be so dedicated A second marked difference is that this facts and impressions that have come out and saintly and such a terrible nuisance." broad cross-section is more moderate 1n its of our experiences to date and tell you about While the main body of student protesters tactics, and determined to prevent violence­ the measures we are taking to maintain the has pressed its causes in non-violent ways, although whether they can be totally suc­ effective operation of the University. the tactics have sometimes been disruptive cessful in such a volatile atmosphere depends First, what is broadly called student pro­ and in violation of University regulations. on day-to-day developments both locally test usually does take place on or near a Our response to student protest has varied and nationally. University campus but often involves many with the circumstances. In some cases we Thirdly, the tactics have taken a major other persons besides University students. have found that the students had a legiti­ change in direction-from picket lines and Sometimes students are in a small minor­ mate cause for complaint about University other demonstrations to a massive attempt ity--only one-third of the persons arrested in matters, and we have sought to be responsive at community and political action. The the People's Park controversy last year were to these complaints. More often the protest moderate students have been saying all along students. Yet the event is rather unlfc:>rmly activity has been on campus but the target that the system can be made to work and to attributed to the University commun1ty. I has been an off-campus issue. In all cases respond-now they are out to prove it. And we have insisted that on-campus dissent be suppose as a practical matter there ~ little whether or not we agree with their particu­ we can do about this except to keep reiterat­ expressed within the bounds of civil and lar points of view, I think it is essential that ing the facts. University regulations. When violations have we respect and encourage this approach. For Next I want to comment briefly about the occurred on campus, we have imposed disci­ example, students in a number of different special' case of violence, which is actually pline as fairly as we knew how to do so, and fields at Berkeley and Stanford and other and fortunately a quite limited aspect of as firmly or flexibly as the circumstances ap­ institutions have been trying to set up dis­ student protest. There is a very small group­ peared to warrant. I honestly don't know cussion meetings with their counterparts in most of them so-called street people rather what else we could have done or can do now business and the professions. "We're not try­ than students-who seem from the available about student unrest. ing to get signatures on petitions or that evidence to pursue violence for the sheer Our disciplinary measures range from kind of thing," one of the students told me sake of violence. They are a group that seem warning and censure through dismissal from the other day. "Just a chance to tell people frighteningly alienated from society. This the University, and I am sorry to say we have in offices and plants how we feel about the alienation is a subject for sober concern, but found it necessary to resort to the most issues--a kind of 'free speech on the lunch it is only peripherally a part of my subject drastic penalty of dismissal in some 65 cases hour'." If you are offered an opportunity to today. Another very small group has become over the last two years alone, with a number meet with students, I hope you will accept. sadly evident in recent months-rock-throw­ of other possible dismissal cases stm in pro­ For you need to know their views-and, ing juveniles who seem to be playing a kind ceedings. Dismissal means that the student equally important, they need to know yours. of "for-real cops and robbers." Some of the is barred indefinitely from the University. In At the University of california, as at most children who have been apprehended on cam­ addition, many students have been sus­ universities, we are trying to be generous and pus are only fourteeii years old-a few, only pended for definite periods ranging from two flexible about student academic work and thirteen. Unfortunately, these children have weeks to a year, and many more placed on grades this quarter. On an earlier occasion, made some incidents substantially worse-­ interim suspension and probation, which are in April of 1906, the University granted their rocks are quite as capable as anyone very effective penalties. grades for the term on the basis of work else's of cracking windows and even bones. Our disciplinary measures are intended to completed to date and permitted students to Finally, there are some students and non­ remind the student of his obligations-to re­ leave to help with a. community crisis-the students--and again the number is small­ spect the law and to assure that the educa­ San Franclsco earthquake. The events of the who have used violence either as a deliberate tional functions of the University may go past four weeks have amounted to a. kind of tactic to gain a specific end or whose mo­ forward-! hope my earlier account of Uni­ societal earthquake on American campuses, mentary frustration at the failure of other versity achievements will indicate that this and I believe fully justify some flexibility, tactics may lead to violence during emotional goal has been met. I am surprised and dis­ although not the free ride of 1906. demonstrations. turbed by the vehemence and vindictiveness At the same time we are Insisting that we have three general recourses against of some of the proposals I have received for faculty and staff members ful:flll their con­ the commission of violence. One is civil law handling student discipline. We have sought tractual· obligations to the University and enforcement-and a number of persons, in­ to handle our disciplinary cases with firmness to the students. We must not and Will not cluding students, have paid civil penalties and fairness, remembering always that these permit the University to be used as an in­ violators are not some foreign enemy but our strument of partisan political action. We including jail sentences. Another recourse, own sons and daughters and the generation if the violent individual is a student, is know that some formal class structures have University discipline. And we have severely that Will soon succeed us in assuming the been altered. In some cases these alternatives disciplined some students-! want to return obligations of our society. are defensible and desirable. In other cases to the discipline question a little later. Fi­ I might mention a special difficulty we I am sure they are not. The Chancellors and nally, there is the recourse of strong commu­ encounter in maintaining discipline, and I are in firm agreement that reported abuses nity disapproval (I mean the University that is a kind of double standard that exists must be promptly investigated and violations community) -and this, surprisingly, much today about respect for the law. The public appropriately dealt with. more effective than you might think. During is quick to demand stringent punishment I happened to speak the other day to a mass meetings of students and faculty at for campus violations. Ye': unlawful acts Berkeley graduate who is currently a grad­ Berkeley the past several weeks, the audience seem to be tolerated and go unpunished in uate engineering student at Stanford. He said has decisively shouted its disapproval of many other arenas of our national life-­ he was taking an Incomplete, for this term speakers who proposed violent action to op­ from illegal strikes of postal workers and air but was learning much of value through his pose the government's Cambodian operation. controllers to Indian occupations of Alcatraz political action work. I said, "Yes, but about And 1 think the realization that the vast to violations of court injunctions by south­ engineering?" And he replied, "A civil en­ majority of student protesters would stren­ ern governors and California teamsters. I gineer has to learn to work with people. And uously oppose such attempts has been a ma­ am not arguing that all these actions should I've learned more about working with people jor factor in the relatively violence-free form be dealt with harshly-merely that the same these past two weeks than I might have of student protest during these tense recent degree of patience and restraint USed in learned In years of professional training." weeks at Berkeley. Now I want to turn from other instances might with equally good rea­ I think no one close to the scene can doubt the special case of violence to the main body son be extended on occasion to our campuses. that this has been for most students a. time of student protest. Up to a month ago stu­ For, as columnist Vermont Royster com­ of Intense learning about their community, dent protesters have been a minority of col­ mented ruefully the other day in the Wall their nation, its institutions, and the obliga­ lege and university students. But they have Street Journal: tions of citizenship. often included some of our brightest and ... while we are drawing up our indict­ I think too that no one close to the scene most highly motivated young people--what ments of the younger generation, we ought could help being impressed, as I am, With Fortune Magazine has called our forerun­ to berate them most for following the par­ the vast majority of our university students ners. These student protesters have felt ental example. today---4oheir sincerity, their devotion to deeply about specific issues which they Now I want to take up very briefly the the values of justice and equallty and peace, believe involve injustice or other ISO- situation on our campuses today, which is their commitment to work Within a demo- June 15, 1970 CONGRESSIONAL RECORD-SENATE 19679 cratic framework they deeply believe in to Old West, where everyone carried his weapon Public willingness to waive fundamental correct its shortcomings. They may some­ on his hip, and the local "gunslinger" was rights in order to enhance individual com­ times act more rashly, more stridently, more the dominant figure in each frontier town. fort is not an isolated phenomenon. Many impatiently than is comfortable for the rest It is a throwback to the chaos of the past, o'f us were shocked to read recently of the of society. They may and do make mistakes­ inviting all the horrors of vigilante justice, results of a poll conducted by CBS News, in as we also have done. But this is a genera­ at the expense of fundamental liberties and which 1,136 typical Americans were inter­ tion that cares-and cares very deeply-about civilized procedures of justice. viewed on the Bill of Rights, as applied to the future of its nation, its world, and its The people of this country are afraid, current situations. Here are the disturbing fellow men. deeply unnerved by the restraints which findings of the CBS poll : This, then, is what is happening at the have been placed upon them. And there is Five of the 10 Amendments, half of the University of California-the headline events an extremely unfortunate facet to this sort basic guarantees of freedoms, were rejected and the steady day-by-day "what else" that of fear-one of its principal effects is to by those interviewed. make up the reality of the institution. It is jieprive us of our concern for others. 76 per cent favored outlawing protest as honest a picture as I know how to por­ When an individual is afraid, he worries against the government even where there tray. And I hope most profoundly that about only one thing-himself, number one. was no danger of violence. Californians who have an opportunity to The poor, the oppressed, those whose lives 58 per cent said the police should be al­ see the reality as well as the image will feel have been torn by war, the imprisoned, the lowed to hold people in jail before they renewed pride in their state University of neglected and lonely-all of these are to be gather evidence. California. tended to later, if at all. Even justice itself 58 per cent voted against the double takes a back seat. When fear takes over, one jeopardy standard, saying that if a man were is prepared to use any means necessary to found innocent of a crime, but new evidence to protect himself. Finally this brute force were subsequently uncovered, he should be THE ROCKY COURSE OF CRTIME becomes master. tried again for the same crime. CONTROL-ADDRESSBYSENATOR Because of the fear gripping this country, These are not legal debating points. I am PERCY a great danger exists that attempts will be talking about basic constitutional freedoms, made to use the processes of criminal justice rights that from the birth o'f this nation the Mr. COOK. Mr. President, my good to advance the frantic hysteria for self­ people have prized and cherished, indeed friend the senior Senator from Illinois survival. If this were to be done, we would shed blood to protect. But now, because of a Tet offensive, 5,800 Hue ci­ others who hold to the contrary belief, under our system is Presidential power. This but there can be no doubt that each and proposition, valid in our own time, is certain vilians were dead or missing. It is now to become more, rather than less, compelling known that most of them are dead. The every one is desirous of terminating the in the decades ahead ... it is my contention bodies of most of them have been found war as soon as possible on terms which that for the existing requirements of Amer­ in the past 20 months, in single and mass will be acceptable and honorable. ican foreign policy we have hobbled the graves throughout the province. I might add that there is no one more President by too niggardly a grant of power. antiwar than President Nixon. We Let me summarize one other passage The Senator, whom we all recognize from his report: should recall that he served in the hos­ tilities 25 years ago in the South Pacific as one of our foremost experts on foreie-n The first discovery of Communist vic­ policy, and certainly one of our most out­ tims came in a schoolyard on February and by reason of that experience, and also by reason of his frequent visits to spoken Members in this body, then con­ 26; eventually 170 bodies were recovered. cluded: In the next few months, 18 additional that part of the world, he knows the ter­ gravesites were found, the largest of ritory much better than most of us in this As Commander-in-Chief of the armed body know it. forces, the President :b.as full responsibility, which contained more than 200 victims. which cannot be shared, for military deci­ In all, almost 1,200 bodies were found in There is no Member of this body or sions in a world in which the difference be­ hastily dug, poorly concealed .graves. At anyone else anywhere who is working tween safety and cataclysm can be a matter least half of these bodies showed clear one fraction as diligently and tirelessly of hours or even minutes. The President is evidence of atrocity killings; hands wired as the President is to end this war. And the symbol of the nation to the external behind their backs, rags stuffed in their he will get the job done, if we only pro­ world, the leader of a vast alliance o'f free mouths, bodies contorted but without vide him with proper and helpful sup­ nations, and the prime mover in shaping a wounds--indicating burial alive. The port. That is the opinion of the bulk of national consensus on foreign policy. other nearly 600 bore wound marks but the American people. They are support­ At an earlier time, 10 years before there was no way of determining ing him. We should do so also. that-in the great debate in 1951 as it whether they died by firing squad or in­ If he were to follow the wishes of a was known-he said on the wisdom of cidental to the battle. Among these vic­ certain segment of public opinion, and sending troops to Europe: tims were three West German doctors, a certain Members of this body, and re­ One important issue has been quite clearly medical technician who was the wife of move all of our troops as fast as ships defined. That issue is whether the President one of the doctors, and two French Cath­ and planes could bring them home--if should seek the advice of Congress on the olic priests, one of whom was buried he did that, and the Communists moved question of sending troops to Europe now or alive. in on the unprepared South Vietnamese whether his discretion should be subject to We all know this is the type of fate with some of the same tactics to which the consent of Congress. which awaits uncounted thousands of I have just alluded, would these omnis­ He then went on to say that: Vietnamese if our departure from that cient critics step up to share the blame The President does not agree that his deci­ beleaguered land finds them unprepared for that result? I fear that they would sion in this matter must be subject to the to protect themselves. I know that this not. On the contrary, I believe that they approval of Congress. Personally, I agree with is something President Nixon has would then embark upon a severe de­ the position of the President ... the Con­ thought about. It is something all nunciation of the result of those circum­ gress has the right and power to raise the thoughtful citizens have thought about stances which would be brought about. Armed Forces but the President has the re­ and we here in this body should consider President Nixon has said he does not sponsibility for the command of those forces. it also. I'f in the exercise of his best judgment, the intend to become the first American defense of this country requires the sending The last point I would mention today President to lose a war. With the free of troops to Europe, he has the power and is to deplore some of the interPretations world under siege as it is from Commu­ the duty to do so. which the press drew from the vote last nist pressure everywhere, and with the week on the proposed amendment by the tremendous investment in time, money He concluded by saying: Senator from West Virginia receded world wars are ciple they used to defend in order to reap is anxious to see an honorable disen­ what they consider would be a political ad­ disquietly obvious." gagement in South Vietnam. But he does vantage, or to achieve a particular political In this regard, Dr. English is afraid not think that objective can be achieved result, and to do so without regard to the that the world will draw unfortunate by reducing the President's traditional long-range consequences in the country. This conclusions from the passage of any latitude in deciding on military tactics. country cannot survive, I think, if the Pres­ measure that restricts the President's Professor Brownell says this: ident is to be denied the principal voice in traditional latitude as Commander in foreign affairs and the tactical flexibility that Chief. He says this about the Cooper­ In my judgment the President, as Com­ every President has needed and, especially mander-in-Chief of the Armed Forces must in the Twentieth Century, occasionally exer­ Church amendment: be free to direct use of the Armed Forces, cised. I see it, as much of the world will see it, within established policies, to the best in­ as a symptom of the decline of the spirit of terests of the nation as he views the total Mr. President, a third letter of interest patient firmness which has marked .Aineri­ national interest. In emergencies ·this may is from Dr. Raymond English. can foreign and defense policies since 1948. mean action prior to Congressional deter­ The passage of the amendment will, I believe, mination of policy, e.g., if the United States Dr. English is a former chairman of the department of political science at be regarded as an indication that the United were attacked, action might be required be­ States is abandoning its firm bUlt flexible fore Congress could be convened to declare Kenyon College. He is currently director policy of responding to aggressions that a state of war existed. During a military op­ of the social science program of the Edu­ shake and destroy the precarious balance of eration, as now existing under the Tonkin cational Research Council of America. power in the world. When the President's resolution, the Commander-in-Chief must Dr. English does not think there is discretion as Commander-in-Chief-that is, June 15, 19'70 CONGRESSIONAL RECORD- SENATE 19685 his right to move and employ our armed nize that since the United States has in­ without regard to the long-range conse­ forces in defense of American interests-is formed the world we do not intend to subdue quences in the country. This country cannot limited by Congress, notice is served on the North Vietnam by an-out war they may well survive, I think, if the President is to be world that the next act of aggression that conclude that they have more to gain by denied the principal voice in foreign affairs damages United States power and prestige fighting until the United States forces leave and the tactical flexibility that every Presi­ will probably proceed with impunity. And the Indo-China than by negotiating. dent has needed and, especially in the Twen- next, and the next, until the situation be­ I am impatient to have our participation tieth Century, occasionally exercised. · comes intolerably threatening, and the only in the war in Southeast Asia terminate. I It is perhaps necessary for me to add that, effective response is an unlimited one. recognize, however, that decisions on what being a University Professor, I am in a posi­ is done today will greatly influence relations tion to know how serious the situation is in Mr. President, so that all Senators may with other nations in the future. I am thus this country and how necessary to the health rP.fl.ect on the thinking of these scholars, willing to accept the need for the Cambodian of the country is the end of our involve­ I ask unanimous consent that these three foray, and for stretching our participation in ment in Vietnam. the Vietnam war beyond May, 1971 providing Sincerely yours, letters be printed in the RECORD. WALTER F. BERNS, There beirig no objection, the letters there is continued and a .... ~elerated with­ drawal of United States armed forces. And Charles Evans Hughes Professor of Gov ­ were ordered to be printed in the RECORD, during that time I think it imperative that ernment and Jurisprudence. as follows: the Commander-in-Chief have full freedom YALE UNIVERSITY, and support to deploy United States forces SHAKER HEIGHTS, OHIO, INSTITUTE OF SOCIAL SCIENCE, where in his judgment they will best serve May 26, 1970. New Haven, Conn., May 28, 1970. national interests. Hon. GORDON ALLOTT, Senator GoRDON ALLOTT, It is a pleasure to renew my contacts with Senate Office Building, New Senate Office Building, you. I still recall with pleasure our associa­ Washington, D.C. Washington, D.C. tions during my term as United States Com­ DEAR SENATOR ALLOTT: I wish to associate DEAR SENATOR ALLOTT: A note from Pro­ missioner of Education. myself with those who oppose the Cooper­ fessor David Rowe, Chairman of the National Sincerely, Church Amendment to limit the choices and Council of Scholars, indicates your desire to S. M. BROWNELL. discretion inherent in the powers of the hear from members of NCS their views on Commander-in-Chief. the President's powers as Commander-in­ COLGATE UNIVERSITY, May I make it clear at the outset that I Chief of the Armed Forces and the course of Hamilton, N.Y., May 20, 1970. do not impugn the motives, aims or inten­ events in Southeast Asia. These I am pleased Hon. Senator GORDON ALLOTT, tions of those who support the amendment? to provide for what they are worth. I claim Senate Office Building, I simply question their judgment. Is the no special competence in these areas. My Washington, D.C. amendment really likely to achieve the ob­ views are thus ones of a concerned citizen DEAR SENATOR ALLOTT: Nothing surprises jectives of an early withdrawal of American with some experience as a public admin­ me any more. Being a college professor, I forces from Vietnam, of a reasonable and istrator at local, state and federal levels who have seen at first hand how thin is the just settlement in Southeast Asia, and of believes in the United States system of se­ veneer of principle espoused by my aca­ avoiding a major conflict between the super lecting citizen representatives to direct our demic colleagues, and how easily they con­ powers? government, supporting them while they are sent to notions they themselves would have There are two issues: the constitutional in office, and replacing them through elec­ regarded as outrageous only a short time and the political. Constitutionally, the power tion if we find they are not serving what we ago. At Cornell a year ago some of the Uni­ to raise and support armed forces is granted think are the best interests of those they versity's foremost authorities on constitu­ to Congress, and the power to command represent. I believe, too, in providing full tionalism and the rule of law, when con­ those forces is granted the President. This opportunity for those with ideas concerning fronted by the raised clenched fists of angry division of power is intended to prevent the what should be done to register their ideas students, voted eagerly to abolish not only abuse of executive power by a President in­ privately and publicly, but not in ways which the law and the entire University judicial clined to use a standing army to impose a interfere with the rights of others or in system, but also the faculty's right to make military dictatorship, while at the same time defiance of laws. law and to devise a system, and then sought it ensures maximum military efficiency by In my judgment the President, as Com­ to justify this pusillanimity on the ground imposing clear unity and hierarchy of com­ mander-in-Chief of the Armed Forces must that it was popular. mand. The latter are essential in any military be free to direct use of the Armed Forces, The same thing is going on today with organization, where speed and secrecy and within established policies, to the best in­ respect to the constitutional authority of clarity of decision may make the difference terests of the nation as he views the total the President as Commander-in-Chief. Men between victory and defeat. It has been said national interest. In emergencies this may who made their careers defending presiden­ that one mediocre general is better than a mean action prior to Congressional deter­ tial authority at the time of the so-called cominittee of a dozen military geniuses. One mination of policy, e.g., if the United States Bricker Amendment and during the Korean might add that, in military campaigns, one were attacked, action might be required be­ War-for example the President's authority run-of-the-mill President is more useful fore Congress could be convened to declare to seize the nation's steel companies not than 100 brilliant Senators. a state of war existed. During a military op­ only without Congressional authority but in The President has long had the discretion­ eration, as now existing under the Tonkin the face of a clear congressional statement ary power to move and engage American resolution, the Commander-in-Chief must that he lacked the authority-now speak of armed forces to protect American lives and have the power and resources to deploy "executive usurpation" and advise the kind interests. President Polk precipitated the armed forces in what appears to him to be in of political action they used to denounce. Mexican War by ordering maneuvers at the the best interests of the nation. Citizens, and What they really mean is that they do not border; President Lincoln forced the seceding their representatives in the Congress, may like this President and the decision he made South into overt rebellion by ordering sup­ appropriately voice their doubts about any in Cambodia. plies to Fort Sumter. A book published in given operation or series of operations, but In what, precisely, does this "executive 1945 listed 149 episodes in which American always with the recognition (1) that they usurpation" consist? The troops being there Presidents moved or engaged American forces cannot have access to the full facts which (and Mr. Nixon did not put them there), outside the United States to protect Ameri­ are available to the Commander-in-Chief and can it honestly be argued that the Com­ can rights of person and property. Such (2) that in a war situation full disclosure of mander-in-Chief has no authority under the police actions are within constitutional and plans in advance serves to strengthen the Constitution to decide how and where they international law. (See The Constitution of enemy and weaken the chances of success of will be used? Can it honestly be argued that the United States of America: Analysis and our national defense forces. Congress is in a better position to decide as Interpretation, prepared by the Legisla­ My own reaction to the situation in South­ to their disposition? Can it honestly be tive Reference Service, Library of Congress, east Asia is one of relief that the President argued that Congress is better able than the Edward S. Corwin, Editor, U.S. Government has cominitted the United States to termi­ President to control the course of events in Printing Office, Washington, 1953, page 488. nate its involvement in the fighting at the Southeast Asia and to make the appropriate Whether Congress can use its power to raise earliest date consistent with fulfillment of response to what Hanoi does (and surely and supply (and to refuse to raise and sup­ our obligation to help South Vietnam as a Hanoi will be able to affect the course of these ply) armed forces in order to impair the nation develop a government of its choosing events) ? The answers to these questions used President's discretionary power as Com­ and that he has committed us to systematic to be clear to most academicians, and I think · mander-in-Chief seems doubtful. Such ac­ withdrawal of troops which will pull all you could perform a constitutional service tions by Congress would probably place the United States troops out of Cambodia by by showing that arguments parading as con­ United States at a grave disadvantage in June 30, and bring at least 150,000 home by stitutional arguments are really the political international affairs. They would enhance the May 30, 1971. This gives the South Viet­ arguments of angry men, men willing once already great handicap suffered by any free namese time to establish their government again to sacrifice the principle they used society in its relations with dictatorial or under the Vietnamization program which the to defend in order to reap what they consider totalitarian states. That handicap has been United States has been pursuing. I wish the would be a political advantage, or to achieve painfully obvious throughout the long in­ North Vietnamese would negotiate but recog- a particular political result, and to do so volvement in Vietnam. 19686 CONGRESSIONAL RECORD-SENATE June 15, 1970 But the constitutionality of the amend­ capitulate to the Nazi conquest of Czecho­ referring. I :find very few citizens who ment is not the central Issue. The key issue slovakia. Von Ribbentrop informed Hitler have read their Constitution and some is political. By this I mean that the decisive that the western democracies were rotten consideration ought to be the effect of the and incapable of resistance to attack. In who have not read it in many, many amendment on the power, prestige, influence September 1939, came World War ll; in years. and security of the United States in the December 1941, Pearl Harbor. I think this is going to have good re­ world. It seems that the amendment would The third crisis of self-confidence is now sults, because it will make people read damage the nation's international in:fluence, upon us. Once again doctrines of Marxism­ the Constitution and will make them and that such damage would in turn bring Leninism-Maoism and of anarchy are rife think about it. And, as I will suggest, us closer to the world war that Mao Tse-tung among the young intelligentsia. Once again people may come to the conclusion that has recently threatened. a weary, sentimental pacifism and isolation­ in Let me insert a parenthetical comment at ism begins to pervade large sections of some changes might be order. this point. Our military operations in Viet­ American society. Once again, a sizable num­ I start my formal remarks this after­ nam have in general been marked by a shock­ ber of members of Congress, sensing the noon by doing something that I do not ing absence of imagination and strategic mood of many vocal dissenters, press for usually do. I want to read an editorial skill. We have fought the Vietcong and the withdrawal from foreign commitments. The from the Washington Evening Star of North Vietnamese on their own terms. We parallels with previous episodes that pre­ Friday, June 12, 1970. have left the initiative consistently in their ceded world wars are disquietingly obvious. The title is "Cooper-Church in Per­ hands. We waited for years for a MacArt hur I therefore see the Cooper-Church Amend­ spective." touch-something like the Inchon landing ment not as a matter of cutting the Presi­ dn Korea--or. a brilliant move exploiting the dent down to size, nor as an internal squab­ The editorial reads: crack troops of South Vietnam in a combined ble over Senatorial versus Presidential con­ The defeat of the Byrd amendment has operation against Haiphong. But we waited in trol over foreign policy, nor as a melodramat­ been greeted as a major victory by oppo­ vain. The Cambodian pincers operation may ic struggle over "usurpation" of power. I do nents of the operation in Cambodia. But the have been precisely the sudden move to not even see it as a fascinating comment on cries of jubilation from those who believe the throw the hostile forces off-balance that we the problems of a period of undeclared wars, war is being wound down too slowly are, to have waited for; yet, ironically, Lt has proved indirect aggressions, and grey areas in which put it mildly, premature. the signal for greater symptoms of division traditional rules of international law (be111- The hard fact is that the passage of the end demoralization in the nation than before. gerency, neutrality, sanctions and so forth) Byrd amendment would not have prolonged This comment is not really parenthetical; are irrelevant. I see it, as much of the world the war and that the defeat of the measure it brings us up against the big political will see it, as a symptom of the decline of does not bring peace closer. Passage of the issue: can a great democracy pursue per­ the spirit of patient firmness which has Cooper-Church amendment itself, which the sistently, coolly, and patiently an effective marked American foreign and defense Byrd amendment sought to soften, would foreign and defense policy based on firm but policies since 1948. The passage of the not change the course of the war. For the limited response to aggression by potential amendment will, I believe, be regarded as an legislative facts of life demand that a meas­ enemies or their puppets? More than 2000 indication that the United States is aban­ ure must be passed by both houses and years ago Plato denied that democracies doning its firm but :flexible policy of respond­ signed by the President before it becomes could be rational and consistent in policy. In ing to aggressions that shake and destroy law-and neither the House of Representa­ the 1950's, in the face of McCarthyism and the precarious balance of power in the world. tives nor Mr. Nixon has demonstrated much in the light of the lessons of the 1930's, men When the President's discretion as Com­ enthusiasm for Cooper-Church as it now like Lippmann, Kennan and Acheson bore mander-in-Chief-that is, his right to move stands. testimony in different ways to the extreme and employ our armed forces in defense of There are three practical alternatives as to difficUlty of maintaining consistency, firm­ American interests-is limited by Congress, the future of the amendment. The Senate ness and limited response in democratic for­ notice is served on the world that the next may vote it down and end the matter there. eign and defense policies. The policies of the act of aggression that damages United States The Senate may pass the amendment in es­ totalitarian states have been and are founded power and prestige will probably proceed sentially its present form, in which case the in part on the assumption that free societies with Impunity. And the next, and the next, House will almost certainly refuse to accept sooner or later grow impatient and weary in until the situation becomes intolerably it and the future of the Military Sales bill, to the face of "protracted con:flict". Until re­ threatening, and the only effective response which Cooper-Church Is attached, will hang cently, it seemed as if that expectation would Is an unlimited one. in the balance. Or the Senate may, by be proved unfounded in the case of the Yours sincerely, amending the measure, arrive at a com­ United States, but the domestic clamor and RAYMOND ENGLISH. promise that the administration can live upheaval of anti-war protest suggest that with and that will still express the wide­ Mao and Ho Chi Minh were correct, after Mr. GOLDWATER. Mr. President, spread dissatisfaction of Congress. all. The Cooper-Church Amendment will be when this current debate first started, I The last alternative is the most likely. seen as one more proof that free, democratic was somewhat apprehensive. I knew that The measure has already received a thin governments cannot play the game of power it would be prolonged. But I did not think layer of sugar coating with the adoption of politics coolly. that there would be too much good come the Mansfield amendment, which states that The withdrawal of the United States into of it. However, as time has moved on­ the Cooper-Church measure "shall not be isolation or irresponsibility Will not, alas, and I assume there will be much more deemed to impugn the constitutional power mean world-wide peace or even peace for of the President as commander in chief." the United States. Failure to keep our com­ time devoted to this-! have seen some Further correction is needed-particularly in mitments and power in balance will mean benefits accrUing from it already. an area of a Cooper-Church provision which sooner or later that the world power balance In doing research and 1n trying to do has received little public notice, but which will tilt heavily against the United States. research in this particular field in the would prevent U.S. advisers from operating When that happens, it can be redressed only Library of Congress and in my own in · Cambodia, would bar tactical air support by extreme and drastic action, that is, by re­ library and in other places, I find that for cambodia, and would end financial aid sort to all-out as opposed to limited war. during the history of our Republic very to any outside forces operating in support of This prediction is not mere gloom-and­ little attention has been paid to the con­ the Cambodian army. That section, which in doom intuition. Three times in the twen­ effect repeals the Nixon doctrine as it might tieth century have the great powers of the stitutional edicts versus Congress and apply to Cambodia, must be scrapped. "free world" drifted into weakness, isolation the President and concern in the general But the main thrust of the amendment, and internal anarchy. The first time was be­ area of warmaking and policymaking which is designed to hold President Nixon to tween 1900 and 1914. In 1911, for example, in connection with war. his announced plan for withdrawal from Lincoln Steffens guessed that Great Britain I think the very fact that it has made Cambodia, should be subject to compromise. was on the verge of internal revolution. people study this issue has awakened Despite the clouds of emotionalism that have France was torn by Anarcho-Syndicallsm. Americans to the fact that our Constitu­ engulfed the debate in the Senate, there is, Britain refused to make firm commitments tion is very, very strong. In both in­ in truth, no unbridgeable ideological chasm against possible German aggression. In 1914 between the two sides. There is no one in came World War I. stances it has done good. And I hope that favor of widening the war and continuing The second crisis of self-confidence in the in the coming weeks of debate on this American military Involvement indefinitely western democracies came in the 1930's. matter, each Senator will continue to do in Southeast Asia. There is no sizable con­ Marxism-Leninism and pacifism were favorite as has been done in the past on both gressional faction that seriously believes that doctrines among the intelligentsia of Britain, sides of the question and exercise as peace can be instantly legislated. There are, France and the United States. One act of much study as can be exercised in this indeed, few in either house who believe that aggression after another passed unchecked: very, very important field. the President has acted unconstitutionally, in Manchuria, Ethiopia, China, the Rhine­ and who fall to recognize that the constitu­ land, Austria, the Sudetenland. The United It is a surprising thing, Mr. President. tional authority to declare war has been op­ States passed excessive Neutrality Acts. In I find a great many lawyers who have erationally amended by the diplomatic real­ the fall of 1938, President Roosevelt more or never been acquainted with the parts of ities of the nuclear age. less compelled Chamberlain and Daladier to the Constitution to which we have been So, despite all the noise about constit u- June 15, 1970 CONGRESSIONAL RECORD-SENATE 19687 tiona! prerogatives, that is not the essential The Congress shall have power: the President acted illegally. I am not a issue of the present debate. What is involved To declare War, grant Letters of Marque lawyer but I have known many lawYers. is a justified pique on the part of the legisla­ and Reprisal and make Rules concerning tors over the lack of consultation before Captures on Land and Water; I have yet to find one who says the Presi­ major moves are undertaken. It was a process To raise and support Armies, but no Ap­ dent acted illegally. He is the Com­ that began in earnest under President John­ propriation of Money to that Use shall be mander in Chief and, as we will see, the son and that has been continued by the Nix­ for a longer Term than two Years; Commander in Chief has vast powers. on administration. A course of action is es­ To provide an<:L maintain a Navy; For one thing, as I read the Gulf of t'lblished-the introduction of combat To make Rules for the Government and Tonkin resolution-which was a joint troops, the bombing of the North, the entry Regulation of the land and naval Forces. resolution signed by the President-! be­ into Cambodia-and then Congress is told lieve it authorizes the President to take about it and asked to support it financially. Mr. President, I might say parentheti-. What Congress is demanding is prior con­ cally, and not facetiously at all, that at any action he considers necessary to re­ sultation on what it considers to be major some time I think we should include the . pel Communist aggression and protect foreign policy decisions. It is a demand that Air Force in that provision so he will be the interests of the United States in the administration should heed in the in­ constitutionally proper when he uses Southeast Asia. terests of maintaining a working partnership tactical or strategic air. The Gulf of Tonkin resolution might between the executive and legislative I continue to read from section 8 of not be a formal declaration of war, but branches. article I of the Constitution: it certainly puts this body on record as Mr. President, as I have said, that edi­ To provide f'or calling forth the Militia to authorizing any military measures the torial was published in the Washington execute the Laws of the Union, suppress In­ President might deem necessary. Evening Star last Friday. I found it ex­ surrections and repel Invasions; This situation is parallel to the histori­ tremely interesting because it very fairly To provide for organizing, arming, and cal incident which many liberals have and cautiously stated what we are talk­ disciplining the Militia, and for governing cited approvingly as representing proof such Part of them as may be employed in that President John Adams did not en­ ing about on the floor of the Senate. the Service of the United States, reserving But there is one alternative to the to the States respectively, the Appointment gage in an ''undecla,red war" with Cooper-Church amendment that the of the Officers, and the Authority of training France. Washington Star editorial writer did not the Militia according to the discipline pre­ They have claimed that President think about. He probably thought about scribed by Congress; Adams' actions did not involve inde­ pendent executive action. They point to it but did not feel it was necessary to Mr. President, I have read that section include it, and that is the proposal I have a series of legislative acts which into the RECORD because the more we can made on the floor of the Senate time and "amounted to a declaration of imperfect let the American people know what the or limited war." again-and I believe in this very sin­ Constitution states and what we are cerely-that if it is the feeling of this The critics use two early Supreme Court arguing about, the better job we will be rulings to support their claim that Con­ body, and if it is the feeling of the Amer­ doing. To me there is absolutely nothing ican people that Congress does not have gress need not resort to a general dec­ in those words that gives Congress the laration of war, but may authorize a par­ sufficient power in the making of war, or right to determine strategy or tactics or that the President possesses too much tial war. These cases are Bas v. Tingey, even force size. In other words, there is 4 U.S. 37 (1800) and Talbot v. Seeman, power under the Constitution, then let us nothing I can see in this language other correct the condition by a constitutional 5 u.s. 1 (1801). than the rather vague words "to declare Very well. If the President's critics amendment. war,'' which I will discuss in just a Let Congress vote on it, and let the admit that Congress does not need to moment that would give this body, Con­ enact a formal declaration of war in people of the United States vote on it. gress, the right to intervene in the If there is sufficient backing for an order to authorize a state of limited war, Southeast Asian war, as the Cooper­ then why do they not admit that they amendment that will define more clearly Church amendment is now trying to do. the powers of Congress in the military­ themselves have authorized the President foreign policy making field, or more So the record may be straight, I will to act in Indochina through the Gulf of clearly limit the powers of the President read from article II, section 2, about the Tonkin resolution? in war, then we will be approaching the powers of the President. We will discuss The Congress was asked for, and the problem in the proper way. that also in just a moment. That section Congress agreed to, t}).e granting of pow­ I might inject at this point because reads: ers equivalent to those that might be some persons have criticized my posi­ The President shall be Commander in contained in a formal declaration of war, Chief of the Army and Navy of the United except that the grant of authority was tion on this subject because I earlier took States, and of the Militia of the several a position on the 18-year-old vote­ States, when called into the actual Service limited in place to Southeast Asia which I would much prefer to see come of the United States; Mr. President, the Tonkin resolution about by constitutional amendment­ is not by any means the only ground upon which I am convinced could be done leg­ Mr. President, the term "militia"-a which the President may claim to have islatively and within the confines of the term we do not use today-means the acted under the Constitution. Constitution because of Supreme Court National Guard and also the Reserve The President's powers are also de­ decisions that have been made in that forces, because the Governor, as we know, rived from those provisions of the Con­ general area which I feel and others feel can call out the National Guard to pro­ stitution which make him the Com­ gives us the right to legislate instead of tect citizens of his State, enforce laws, mander in Chief of the Army and the going through the constitutional amend­ protect property, and so forth. But also Navy-and I will add the Air Force­ ment process. the National Guard and the Reserves can of the United States, which vest in him I know of no record that has been be called out by the President for Federal all the executive powers of a sovereign made, and I know of no legislative his­ duty. Of course, when they are so called na,tion, which gave him special responsi­ tory, or constitutional history, or court they become members of the regular mil­ bilities in the field of foreign affairs and history that would provide the same ve­ itary regardless of the branch with which which impose upon him the duty to take hicle for the Congress to act on these they are concerned. care tha,t the laws be faithfully executed. constitutional powers by legislation. So far as the present law stands I do Leaving my text for a moment, I might That is why I feel so strongly, if it is not think there is any sound reason for try to draw a parallel with the situa­ needed, and I think there is a growing challenging the legality of President tions we found ourselves in in World number of American people who feel Nixon's action in Cambodia or Vietnam. War II, where we had a declaration of some adjustment should be made in To my mind, the President was acting war against Germany and a declaration both the case of Congress or in the case lawfully and constitutionally in sending of war against Japan. In both instances of the President. troops into Cambodia. the war was fought on a great many Mr. President, for the record I would It is rather surprising to me to have foreign grounds. For example, we did not like to read what we are talking about. read last week an ad that appeared in have to get permission, nor did we have Article I, under section 8 of the Consti­ Washington newspapers signed by hun- to execute a separate declaration of war, tution states: dreds of lawyers with the suggestion that to go into North Afrtca to help the be- 19688 CONGRESSIONAL RECORD- SENATE June 15, 1970 Ieaguered British. We did not have to for a declaration of war. There is not wars we have been in were undeclared, have a separate declaration of war to go even a historic precedent for the type and this is something the American peo­ into Italy or into southern France or of language that should be used. Al­ ple do not realize. I do not think many into Normandy. We did not have to have ways, in the five cases where we have Members of this body realize that of the a separate declaration of war to go into declared war, we have acted upon the 137 or 138 military engagements we have Guadalcanal, Iwo Jima, or the many insistence of the President. Even though been in, only five of them have been other islands representing ownership by we ha" e the power to declare war, I declared. other countries in the Pacific. doubt seriously that the Congress would In answer to the Senator's suggestion­ ·what I think we sometimes overlook ever assemble and make such a declara­ ! think it was his suggestion; I may be is that we were fighting a common en­ tion, or resolution, or whatever it might trying to read something into his re­ emy. In the case of Europe, it was Ger­ be, unless the Commander in Chief marks, but if I am, he can correct me­ many. In the Pacific, it was Japan. We asked for it. when he related the request of the Presi­ were fighting a common enemy. The dec­ As I mentioned earlier-and I have dent for separate funds for the mainte­ laration of war was against that enemy. read the other declarations of war­ nance of the war in Southeast Asia, in While we do not have a declaration of except for the language of reprimand my opinion, that would be the constitu­ war in the instance of South Vietnam, in that is usually contained, I think the tional way to approach what the Cooper­ my opinion the Gulf of Tonkin resolu­ Gulf of Tonkin resolution goes further Church amendment is trying to get at­ tion actually goes a little further than than anything I have read in the five namely, to express a dissatisfaction with a declaration of war in recognizing that cases of declaration that we have had. the war. We could do it in a concrete way we are fighting a common enemy. So, on Mr. MILLER. Mr. President, will the by refusing to appropriate money for the the same ground that President Roose­ Senator yield further? military for the purchase of new equip­ velt had the authority and strength to Mr. GOLDWATER. Certainly. ment. We could be specific in it, and say send our troops wherever the Supreme Mr. MILLER. Mr. President, if the that it cannot go here and go there. This, Commander thought they should go, I declaration of war requirement should, in my opinion, would be a better legisla­ think the President in this case has the somehow or other-and it is inconceiva­ tive way to get at them. It would also right to send troops into any country ble to me how it could be-should be be a· very dangerous way, because our where the common enemy exists, be that interpreted as not meeting the constitu­ military budgets have been reduced more Cambodia, or Laos, or, in the event of tional requirement that the Congress ex­ than any other budgets since World War entry into Thailand, even that country. press its will on this subject, I suggest Mr. MILLER. Mr. President, will the II, and to reduce them any farther would, that there could not be any possible I think, endanger the security of this Senator yield? question over what Congress did 7 country. Mr. GOLDWATER. I am glad to yield. months later. Mr. MILLER. I have been listening The Senator is absolutely correct, get­ The Senator from Arizona will re­ ting back to his idea that this body had with great interest to the comments of member that 7 months after the Gulf of my colleague from Arizona about the backed this war up until this surge in Tonkin resolution, the President sent this country-and I have been talking constitutional power to declare war. As over to Congress an appropriation re­ he well pointed out, the Tonkin Gulf about this for the last 10 years-of isola­ quest specifically and solely for the war tionism that now permeates the country. Resolution contains the elements of a in Vietnam. He accompanied that re­ declaration of war. Were it not for that, we probably would quest with a message to Congress in not have this discussion going on. I would make this observation and ask which he stated that there had been a him for his comment on it. There is Some people think that "isolationist" lot of Communist propaganda emanating is a sort of dirty word. I do not. I think nothing in the Constitution that requires from Hanoi and Peking to the effect that a formal declaration of war. What Congress and the people of the United people are entitled to feel that this coun­ counts is that Congress express its will. States did not support the war in Viet­ try can isolate itself and stand alone in Congress can express its will by a for­ nam. the world, a fortress America once again. mal declaration of war. Congress can I personally do not think it will work, The President suggested that here but I think what we are seeing reflected express its will in a de facto declaration would be a very good opportunity to put of war. in the letters we get from home, and the the lie to the Communist propaganda speeches we hear in the Senate pro I well remember when the Tonkin by having Congress act on this appro­ Gulf resolution was being debated, the Cooper-Church, is really an expression Senator from Kentucky Vietnams. He is working hard to end this of Delaware, a Republican, wanted to strike pilots and Soviet troops in Egypt--an un­ war. We should get behind him. A solid the part of the resolution that exhorts the precedented assertion of Soviet power which American consensus in support of our Com­ President to make arms available to Israel threatens not only Israel but world peace. mander-in-chief would convince Hanoi that as needed. Sen. Jacob K. Javits of New York, In providing Israel weapons to retain the bal­ prompt negotiation is the best course. We also a Republican, wanted to keep the ance of power in the Middle East, we would must all work for an orderly and complete exhortation. be fulfilling the doctrine which you an­ disengagement on the mainland of Asia. What could make the argument turn ugly nounced at Guam, and your subsequent call The fortunes of Republican candidates in is the fact that many of the Middle East for 'a more responsible participation by our 1970 and 1972 may rise or fall on how well hawks are Vietnam doves-and many Viet­ foreign friends in their own defense.' our Administration meets the challenge of nam hawks are dovish about getting f·urther today's problems. involved in Israel's behalf. "COMBINATION OF MISINTERPRETATIONS" Many young people in the radical left, to "The new Soviet intervention in the Mid­ Mr. GOLDWATER. Mr. President, I whom war protest has become a way of life, dle East may well stem from a combination yield the floor, and I suggest the absence feel no particular tie to Israel or its survival. of Soviet misinterpretations, not only of the of a quorum. It's not at all certain how they would rea<:t national debate over the Indochina war, but to the United States getting out of a war in of the Administration's decision to withhold The PRESIDING OFFICER. The clerk Asia only to get involved in another one in the sale of the jets Israel has requested. will call the roll. the Middle East. "So we urge that you make available to The assistant legislative clerk pro­ Suggests one young congressman: "If that Israel the aircraft she needs. We also urge ceeded to call the roll. happens, we'll all yearn ror the good old days that you take whatever steps are appropriate 19696 CONGRESSIONAL RECORD-SENATE June 15, 1970 to demonstrate both our willingness to work and restrained. By one official U.S. reckon­ person of the President. I have person­ for peace in the Middle East and'the firmness ing, the Russian pilots are limited to three of our support for Israel and for those mod­ roles. ally been disturbed in recent weeks by erate Arab governments also threatened by They fly (1) routine check-out missions, the occasionally vicious and personal the Soviet expansion. . . . " to become familiar with the geography and tone of some attacks against the incum­ Significantly, though all are antiwar, not climate condition s; (2) training missions bent President. And I am thus particu­ a single signer of the letter is a Jew. And, a with Egyptian student pilots, and (3) simu­ larly encouraged that a man so widely few days ago when a group of 73 senators lated intercept missions, trying to anticipate respected as Senator PROXMIRE, and a signed a similar letter to the President urg­ m aneuvers against Israeli pilots. man whose differences with this Presi­ ing him to sell 25 Phantom supersonic jet There is a fourth category. These are ac­ fighter-bombers and 100 Skyhawk fighter­ tual intercept missions, and U.S. sources say dent on important matters of domestic bombers to Israel, one of the Jewish spon­ Russian pilots flew three or four of these and foreign policy are well known, should sors of the letter, Democratic Sen. Abraham between April 23 and May 15. These mis­ speak out so responsibily, reasonably, and A. Ribicoff of Connecticut, took pains to sions can be tracked because the Russians maturely in support of the Office and per­ point out that many of the signers lived in change their radio frequencies when switch­ son of the Presidency. I ask unanimous st ates "where the Jewish constituency is ing from training to combat missions. consent, Mr. President, that the press quite small." In each of them, however, the pilots were release containing excerpts of remarks J. William Fulbright of Arkansas, who is held within the eastern branch of the Nile perhaps the No. 1 Senate foe of the Vietnam after it divides at Cairo to form the bounda­ by Senator PROXMIRE at Milton College War, did not sign, but neither did any of ries of the Nile delta. on June 7 be printed at this point in the RECORD. his colleagues on the Senate Foreign Rela­ GOAL REASSESSED, SAY ISRAELIS tions Committee. Nor did Mike Mansfield of There being no objection, the press re­ Montana, the Democratic leader in the Sen­ These restrictions might not be permanent. lease was ordered to be printed in the ate, who is often critical of the U.S. role in Last week in Tel Aviv, Israeli government RECORD, as fOllOWS: Asia. sources said privately that Russia's goals in Most of the 27 senators who ignored the the Middle East had been reassessed: "We PRESS RELEASE letter were conservatives from mostly rural are no longer convinced that all the Russians Senator William Proxmire (D.-Wis.) Sun­ states who have either supported the Viet­ want is to maintain a state of controlled day called on students to show respectful nam War or who have not consistently op­ tension in the area." Prime Minister Golda attention to both the office and the person posed the U.S. role in Southeast Asia. One Meir was even plainer in a speech to the of the President of the United States. of the exceptions is Eugene J. McCarthy of nation. She said: "The Soviet Union in pur­ Proxmire was the principal speaker at the Minnesota, who sought the Presidency in suit of its scheme to dominate the Middle coinmencement exercises at Milton College 1968. to end the Vietnam War; another is East does not care if Israel goes up in in Milton, Wisconsin. Mark Hatfield of Oregon, who was elected on flames." The Wisconsin Senator said, "The Presi­ an antiwar platform. In the United States, no less than in Tel dent of the United States not only occupies Aviv, friends of Israel take small comfort in the most powerful office on earth. He must THE ROAD TO PEACE? restrictions on Russian pilo,ts. But others also make the most agonizing and painful Opposition to a larger American stake in here, who may or may not be friends of decisions. the Israeli-Arab war is clearly organizing. Israel, will be difficult to persuade that an­ "This is particularly true in wartime. It Last week, a new national group called the other war anywhere is in American interests. is especially true when the war is unpopular. Middle East Affairs Council ran an open let­ The political brawl that lurks beneath the And we have never fought a less popular war ter of its own, published in a large advertise­ surface of the debate, which is just begin­ than this one. ment in the Washington Post, arguing that ning, could be a mighty one. "As free citizens we have every right, in jets for Israel was not a road to peace but the fact, we have a duty to speak out when we route to another Vietnam. The PRESIDING OFFICER. What is disagree with the President. The fact that Some of the arguments are reminiscent of the will of the Senate? students and many others have done this the arguments used against American attacks Mr. HANSEN. Mr. President, I suggest all over America in recent weeks in protest on North Vietnam: Relentless Israel bom­ the absence of a quorum. against Cambodia, is a wholesome sign that bardment has toughened Egyptian resolve to The PRESIDING OFFICER. The clerk democracy is thriving. resist; Egyptian installation of ground-to-air will call the roll. "But that criticism has not been confined­ missiles is a defensive reaction; giving Israel as it should have been-to a difference over additional offensive weapons-such as the The assistant legislative clerk pro­ the President's decision. The President has Phantoms-could be interpreted by the Egyp­ ceeded to call the roll. been personally attacked. His motives and tians to mean that the United States con­ Mr. BAKER. Mr. President, I ask character have been assaulted cruelly and siders Egyptian defense of its territory un­ unanimous consent that the order for the unfairly. acceptable, which would drive the Arabs quorum call be rescinded. "In my view, Mr. Nixon made a tragic n11 .. ~ further from the Americans. The PRESIDING OFFICER. Without take in Cambodia. He was wrong. But the Last Friday Senator Williams of Delaware objection, it is so ordered. President is a decent and intelligent man. offered two proposals that critics said im­ He is doing his honest best to end the Viet­ peded arms delivery to Israel. Both were de­ nam war as swiftly as he can. feated after debate in which Senator Wil­ RESPECT FOR THE OFFICE OF "It is a fact that he has been responsible liams drew parallels with last week's voting for the peace-directed reversal of the war on Cambodia and said: "These are sophisti­ PRESIDENT escalation policy of the previous Adminis­ cated weapons in most instances, and when Mr. BAKER. Mr. President, last tration. The number of troops has been they are sold under this authority the Presi­ Thursday during remarks that I made steadily drawn down since he took office. dent can send his advisers to these countries "He has promised that another 150,000 to advise them on how these arms are to be on the Senate floor, I suggested that in troops are coming out within the next year. used. The next step is sending in a few many ways the Presidency of the United There is every rea.son to expect he will keep troops to protect these advisers. And then States resembles a constitutional mon­ that promise. more troops will be sent in to protect those archy. The President of the United "He has enunciated a great policy for peace troops. The next thing we know we are in­ States serves many of the symbolic func­ in the Nixon Doctrine at Guam. This will volved in a war." tions of a monarch, and his ability to permit us to reduce our overall military force There is, in fact, considerable argument lead the people is greatly enhanced by his by one million now. It will help end the within the State Department over whether dra.ft. It will help keep us out of future wars. the United States might not be contributing capacity to earn "investiture" by the "I think the President has made some seri­ to the deterioration in the Middle East by people. If the people, who are sovereign, ous blunders in handling our economy. I selling the Phantoms to Tel Aviv. withhold royalty from any President, his haven't been reluctant in saying so. The "Arabist faction" within the State capacity to lead is diminished; once they "But we should never forget that as Ameri­ Department argues that Israeli "deep pene­ grant this royalty, they will follow him cans we have an invaluable legacy in the tration raids" into Egypt are what started anywhere. Presidency of the United States. When we the latest round of escalation-that more I have just read a press release con­ mindlessly demean and personally attack the Phantoms would only invite more Russians. President of the United States we enfeeble The best strategy for now, they argue, is to taining excerpts from a commencement an institution that holds this country of ours hold off and allow the presence of Russian address delivered at Milton College on together-that gives us the prime driving advisers to evoke anti-Russian sentiment June 7 by our distinguished colleague force we have as a nation in achieving peace among the fiercely nationalistic Egyptians, from Wisconsin

HOUSE OF REPRESENTATIVES-Monday, June 15, 1970 The House met at 12 o'clock noon. THE JOURNAL Congress the authority to purchase office The Chaplain, Rev. Edward G. Latch, equipment and furniture for the Library of D.D., offered the following prayer: The Journal of the proceedings of Congress; Thursday, June 11, 1970, was read and H.R. 13816. An act to improve and clarify Lift ye up a banner upon the high approved. certain laws affecting the Coast Guard; and mountain, that men may go into the H.J. Res. 1069. Joint resolution extending gates of the nobles.-Isaiah 13: 2. for 4 years the existing authority !or the Oh God of Truth and Love, we come to MES/:?AGE FROM THE PRESIDENT erection in the District of Columbia of a Thee this day as we Ull!url the starry A message in writing from the Presi­ memorial to Mary McLeod Bethune. banner of our life as a nation and cele­ dent of the United States was commu­ brate its birth. Floating high in the air nicated to the House by Mr. Leonard, may it ever speak to men of liberty and one of his secretaries, who also informed MESSAGE FROM THE SENATE justice, of peace and good will. Wherever the House that on the following date the A message from the Senate by Mr. it goes, whenever it is seen, may it bring President approved and signed bills and Arlington, one of its clerks, announced hope to the oppressed, freedom to those a joint resolution of the House of the that the Senate had passed without in bondage, and light to all who sit in following titles: amendment bills of the House of the fol­ darkness. On June 12, 1970: lowing titles: Under this banner and by Thy grace H.R. 4813. An act to extend the provisions H.R. 2012. An act to amend the Act of may we keep moving forward toward of the U.S. Fishing Fleet Improvement Act, October 25, 1949 (63 Stat. 1205), authorizing the goal of a free world at peace, with as amended, and for other purposes; the Secretary of the Interior to convey a liberty and justice for all. To the glory H.R. 11628. An act to transfer from the tract of land to Ltlllan I. Anderson; of Thy holy name. Amen. Architect of the Capitol to the Librarian of H.R. 9854. An act to authorize the Secre- CXVI--1242-Part 15