HOUSE OF REPRESENTATIVES-Tuesday, May 8, 1973 The House met at 12 o'clock noon. Community Action Committee of Mont­ the executive branch when it has been Rev. Kermit J. DeGraffenreidt, Clin­ gomery County. fatally impaired. ton A.M.E. Zion Church, Rockville, Md., For his work in communicating cancer A President accused of pervasive mis­ offered the following prayer: information to minorities, Mr. DeGraf­ conduct in his administration should be God of the universe, by whose provi­ fenreidt was honored by the American allowed, if he chooses, to run in any dence we are the citizens of a land of Cancer Society last year as an outstand­ such new Presidential election called by hope and glory. ing young American. Congress. The effect of such new elections Humble us that in these moments we In 1970, he was named "young man would then be to let the people decide may sense our need of Thy direction; of the year" by the Rockville Junior whether a President and Vice President humble us that we may put aside the false Chamber of Commerce. should be removed from office and, if so, pride and the preoccupation with self Mr. DeGraffenreidt is a graduate of who should replace them. that mark our lives; humble us that we the North Carolina Century University A new election is a constructive solu­ may see clearly that our best fulfillment in Durham, N.C., and Hood Seminary. tion which would produce a new mandate come in the relationship and responsibili­ He took additional studies at the Wesley to govern, in contrast to impeachment ties, not in self-expression or self­ Seminary, connected with American which tends to further weaken public indulgence. University, here. He is married to the confidence in government rather than Strengthen us to do the hard task that former Guytanna Horton and they have reestablish it. The result of a successful must be done, to try again when we have a daughter, Keisha, 7. I am proud to impeachment proceeding would be tore­ failed, to build together, that liberty have this outstanding family in my con­ place a discredited President with his might be preserved. gressional district. They are working to Vice President, who may himself com­ Give wisdom to all those entrusted with make their community stronger and mand little public confidence. Such an the welfare of the people. May they better. outcome would be particularly inappro­ wisely use their authority to advance priate in any case involving election the common good. Amen. frauds since the Vice President is elected CONGRESS SHOULD HAVE ALTER­ on the same ticket and supported by the NATIVE OF CALLING FOR A NEW same political organization and staff as THE JOURNAL PRESIDENTIAL ELECTION the President. The SPEAKER. The Chair has exam­

because I am prepared to pass judgment With a population of over 45 million, GREETINGS TO THE 11TH TRIENNIAL CONGRESS on these men, but because I feel their Ukraine is one of the most resourceful OF AMERICANS OF UKRAINIAN DESCENT names have been mentioned so often and nations in Ew-ope, and if it were not (A statement by the Honorable Frank M. so prominently that their staying on at under the domination of Russian Mos­ Clark. Congressional Record, Washington, the White House would have a bad effect cow, it would certainly again become D.C., Oct. 6, 1972) on the President's etiort to lead the coun­ "the granary of Ew-ope" but in an ad­ Congressman Clark of Pennsylvania added try, As the President put it, the integrity vanced economic framework of industry his statement of greeting to numerous others of the White House must be above ques­ and agriculture. on the occasion of the recent Congress of tion. Also, the country's geographic location, Americans of Ukrainian Descent in New York jury Cit y. The Ukrainian Congress Committee of A will hear the evidence and pass extending from the Carpathian Moun­ America has been in existence since 1940. His judgment on those accused. tains toward the Caucasus and above the st atement begins, "through many centuries From a practical standpoint, and with­ Black Sea, is a most strategic one as con­ of oppr ession and persecution, the Ukrainian out regard to Watergate, I think rela­ cern developments in Europe, Asia, and people h ave persevered with courage and tions between the President and Con­ the Middle East. tenacity in their determined resolve to be gress should improve. Mr. Speaker, because we shall hear free." It is no secret around here that H. R. more about this largest captive nation in The Representative extends every good Haldeman and John Ehrlichman, as the wish to the Congress and assures it of his Europe, I submit for ow- popular edifica­ con tinuing support for the aspirations of the President's chief advisers, were very dif­ tion the illuminating section on "Ucrain­ Ukrainian communit y. He emphasizes, ''May ficult to work with and this clearly hurt ica in American and Foreign Periodicals" the spirt'; of your triennial gathering deepen the President's legislative program. published in the world-respected scholar­ the bonds which unite Ukrainian Ameri­ It is unfortunate that the President ly journal of East European and Asian cans-and all our citizens-in a common was apparently not given the full facts atiairs, the Ukrainian Quarterly. concern for the preservation of American on the Watergate incident from the The section. prepared by Dr. Lev E. freedom an d the restoration of independence beginning. I believe he was treated shab­ t o the Ukrainian people in their ancient Dobriansky of Georgetown University, h omeland." This, properly, is how our officials bily by those in whom he placed a great Washington, D.C., regularly shows the view us. deal of trust. growing interest in this captive nation Mr. Speaker, one of the greatest prob­ ELEVENTH ANNUAL CONGRESS OF AMERICANS and, above all, the prominent myths and OF UKRAINIAN DESCENT lems to be faced as a result of Watergate misconceptions that many in the West is a potential loss of confidence in the (A statement by the Honorable WILLIAM V. still cling to when analyzing or comment­ ROTH, CONGRESSIONAL RECORD, Washington, Government and in the President. We ing upon the Soviet Union. Russia, or must not let this happen. Those involved D.C., Oct. 6, 1972) Ukraine. Just as another example from the other in Watergate are not typical. They are a On this 4oth anniversary of Russia's blot on the political system. They are chamber of the U.S. Congress, this statement to man-made famine in Ukraine, it is high by Senator Roth of Delaware salutes the be scorned by every officeholder who is time these myths were dissipated, and Ukrainian Congress Committee of America trying to do a good job. Every citizen a Select House Committee on the Cap­ and its recent convention in New York. The should condemn their actions. But we tive Nations would be the most etiective Senator states quite emphatically, "The must not lose confidence in our system of way of doing it. From the Ukrainian Ukrainian Congress Committee of America government. As a matter of fact, it is Quarterly, winter 1972: has been a powerful advocate of freedom and that very system of government which UCRAINICA IN AMERICAN AND FOREIGN independence for Ukraine. It has also been will ultimately bring the guilty to justice. PERIODICALS a strong supporter of American democracy and freedom." HISTORY LESSON FOR LEGISLATOR In pointing out the pride that Ukrainian FORTIETH ANNIVERSARY OF MOS­ (An article by Nikolai Maksimovich. Novosti Americans take in their contributions to COW'S MANMADE FAMINE IN THE Press Agency, Moscow. October, 1972.) America, the Senator observes also that they UKRAINE The writer of this article is a deputy of remain proud of Ukraine-"a great land, the Supreme Soviet of the Ukrainian S.S.R. and as populous as France or Britain, which The SPEAKER pro tempore. Under a and rector of the Lviv State University. His was the cradle of Slavic civilization during previous order of the House, the gentle­ article was distributed world-wide in Octo­ the period of the Kievan state." Briefiy, the man from Pennsylvania

trKRAINIAN DISSIDENT GETS NEW SENTENCE Iilstitutfon on War, Revolution and Peace in MORTE E RESSURREZIONE IN UCRAINA (A report Associated Press, Moscow, Stanford, California, and Julius Epstein. pro­ (A reproduction from the ELTA Informat ion Oct. 13, 1972.) fessor of international law at Lincoln Univer­ Service, n Tridente Foggia, Italy, June 24, sity in San Francisco." The Army is actually 1972.) Mass arrests continue in Ukraine as in­ willing to release the documents, and so is dividuals suspected of nationalism a.re being Death and resurrection of the Ukrainian the President, but the obstacle seems to be searched and rounded up. According to this Catholic Church is the theme of this lengthy the British government. After twenty-five article that was published first ln French AP report, a Danylo Shumukr 58 years old years it is about time that the record of this was recently sentenced to ten years in a Rus­ from the ELTA Information Service. The ar­ blemish on the American tradition be re­ ticle was written by the famous Protestant sian labor camp. His crime was indulgence vealed. in anti-Soviet slanders. theologian, Professor J. G. H. Hoffman. By ita DISURB10S EN UCRANIA The victim has spent half o~ his life in contents the writer displays a keen fam1Iiar­ Russian prisons and camps. The report (An article by George Luckyj, Ariente ity with the death of this Church, as well as states that a search of his apartment led to Europeo, Madrid, Spain, Mar. 1972) that of. the Ukrainian Orthodox Church in the seizure of a manuscript purported to be This well-written article by a. well-known times of the Stalin reign. his memoirs of this ordeal. He was arrested scholar and professor covers the range of in­ But also, because of the ecumenical move­ in January. 1972 on suspicion of Ukrainian tellectual dissidence in Ukraine for more ment and all the developments surrounding nationalistic activity. The victim is only one than a decade. His treatment is necessary the Ukrainian Cardinal Slipy, the writer dis­ of the latest in a long list of arrests during along national lines, and is undertaken cerns a clear resurrection of the Ukrainian this past year. Indicative of all this is the against a broad background extending_ back Catholic Chuch. His leanings are definitely apparent fear of Moscow regarding the per­ to Taras Shevchenko, the poet laureate of in favor of the position taken by the newly sistence and spread of Urkralnian na.tionali&t Ukraine. The influence of Shevchenko is constituted Ukrainian Catholic Synod. In involvement. concisely depicted. this country a move is on in Congressional UKRAINIAN DANCERS IN CITY AFTEa 6. YEARS The arrests and persecutions o:r the recent quarters to establish a hearing aimed at" (A report by Robert Jacobson, New Yol'k period are vividly described In terms of a official action seeking the formal, institu­ Post.NewYork. July 26, 1972'.) struggle not only for basic human rights but tional resurrection of. both Churches in also of: a natural dedication and de.votion to Ukraine. As perhaps can be expected , the reporter the cultural freedom or the Ukrainian na­ vtvidly describes the perform ance of Pavel tion. Chornovil and his documents are em­ TRADE IN THE CONTEXT OF " U.S.A • .&ND THE Virsky'& Ukrainian Dance Company in New phasized in the articles, as are also the works SOVIET MYTH" York's Metropolitan Opera House, relating and arrests of Ivan Dzyuba... (A statement by the Honorable Daniel J. almost. e,very:thtng to a Ukrainian production UNITED STATES-U.S.S.R. TRADE AND UKBAINE Flood, Congressional Record. Washington, and then winds up by s.aying "Vixsky's 20- D.C., September 25, 1972) year-old company has returned to prove that (A statement by the Honorable DANIEL J. Before the adjournment of the 92nd Con~ lt remains one of Russia's most glowing ex­ FLooD, CoNG&ESSXONAL RECORD, Washington, D.C .. Sept. 28, 1972) gress much concern was expressed with re­ ports." In national terms this doesn't make gard to the directions of U.S. trade With the sense, but there is the end product of the Congressman Flood of Pennsylvania bas Soviet Union. This isn't the first time we've impressions made~ regularly taken upon himself to introduce embarked on a program of extensive trade The report itself' is a most glowing one this section of the journal in the Congres­ with that empire-state. Among those con­ with superlatives and high praise for aU sional Record. His purpose is to make i't a parts of the program. As the writer states it, permanent part of this Nation's history. cerned was the Honorable Daniel J". Flood o~ "Not only is the program shrewdly built in along with the hope that influential Ameri­ Pennsylvania. As he opens his statement "as terms of pacing, alternating the frenzied cans will become increasingly aware of devel­ our business interests plunge into the pros­ with the slow-paced, and climaxing the two opment surrounding Ukraine ~ pects for trade with the Soviet Union they halves, but each large number is sent sky­ In his prefatory remarks the Congressman would do well to brief themselves on the rocketing to a whirling climax as well." The begins, "with the opportunities for trade be­ background of this state, its nature, multi:­ "Dnieper Cossack Dances,.. the "Hopak" and tween the U.S.S.R. and our country being national system, and Its basic motivations.'r the "Round Dance" seem to have impressed broadened, the fund of knowledge and un­ The legislator refers his readers to the re­ the writer most. derstanding ot the numeroua captive non­ cent work of Dr. Lev E. Dobrtansky on U.S.A. :DANCE; UKR-UNIANS SHOW CHOREOGRAPHIC Russian nations in the Soviet Union cannot ana the Soviet Myth, particularly the chapter VIGNETTES but expand to both our cultural and strategic on "The Russian Trade Trap." Incorp&rated (A report by Clive Barnes. The New York benefit." He continues, "What we may gain In his statement are several book reviews o1 Times, New York, July 26, 19'12.) in economic advantage and return will per­ haps be far exceeded by what our people wnr this work which appeared In the SociaJ Corroborating 1n full the preceding report have learned from this eyeHcal experience as Justice Review, America'• Future., Tht! Ne1b this one also is full of superlative praise for concerns the nature of this empiYe state and G'Uara and other periodicals.. Virsky's ensemble. At the very outset, it the many non-Russian nations held captive CAPTIVE" NATrONS WEEK' IN: FREE CH:IN'A states ''The Ukrainian. Dance Company is one within it." These are ell-spoken ords, and or the most engaging and endearing in the (A statement by the Honorable Pb111p M. the possibilities for such a development do Crane, Congres&ionat Becorcl, Washington, world." This recent engagement was its third ex.ist. The real question is whether sufficient in D.C., August IQ, 1972) New York, the preceding one having been latitude will be allowed by Moscow for the six years ago. type ofmobility Implied here. The pursuit or cUtente does not In any case There appears to be common agreement preclude systematicc penetrations by the THE CREA'ITlE ART OF KREMLINOl.OGY among the critics that the Ukrainian dance world's powers. On more than one occasion is a man's world, with little room for wom­ (An azticle by RIObert G. Kaiser, The ash­ Brezhnev has stressed the need for an in­ an's lib. All reviews seem to point this out. ington Post, Washington,. D.C ... June 11,. tensified conflict Wiih the capitalist system. 197Z} Here, too, the critic is most impressed by the By- the same token, there f an even greater Sailor's Dance and the famou~r "Zaporoz­ The bulk ol this lengthy article deals with need for illuminating and eoncentrating our sets" the Dnieper Cossack Dance. In con­ the emotion of Ukrainian party leader Pyotr trast to other reviews, this outstanding critic efforts on the captive system of the so-called Shelest at the time of President Nixon'S visit communist world. The 1972. Captive Nations d<>esn't inject any incongruous preconcep­ to the- USSR. Shelest, a Politburo member. tion of a Russian product. was replaced by V. V. Shcherbytsky in Week observance did just this. of HISTORIANS SUE FOJt ACCESS TO HISS,. WAR DATA Ukraine ~ An attemp~ is made t .o put all the Reports on the 14th observance the Week have been published 1n the July and (An article by Paul Hodge. the Washington pieces of the jigsaw puzzle into place. August issues of the CongressionaL Record~ Post, Washington, D.C., Nov. 17. 1972) Shelest. as an independent power 1n Ukraine is cited, as is also some of his "lib­ and they are quite extensive. In this state­ noperation Keelhaul" or the shameful eralism an the touchy issue ot Ukrainian. ment Congressman Crane of lllinois points forced repatriation of di1Iereut nationals nationallsm.'r In addition. his negative stance out that these "reports are most encourag­ World from the Soviet Union following War toward the Nixon visit soon after the minfng II is the prime topic of this article. In co­ ing because they indicate that large seg­ operation with the American Civil Liberties of North Vietnam•s waters is mentioned. ments of our people are stm realistic about Union a suit has been filed by three scholars However, the writer leanS' toward the expla­ the existence of the 'Red Empire' and its against the Department of the Army for nation that Bl'ezhnev saw an opportunity t~ more than 27 nations and the continuing the declassification of the records of this settle some old scores with Shelest when he threat of tota.lltarian Communist imperial­ operation. Tens of thousands of innocent obtained the positive vote of Shcherbytsky ism to the free world." lives-Russian, Ukrainian, Georgian and oth­ concerning the summit, an indication that Appended to his remarks are reports on ers-were involved. Ulo:aine was divided on. the Issue. As he puts the highly successful observance in the Re- As the article points out, "The Army's posi­ it, "Shelest was thenlna.n untenable position public o! ChlnL Also one finds the. procla­ tion is spelled out in letters from Froehlke according to this version, espec.ially sinca M:r. mation o! Govel'nor Dale Bumpers. of Ar­ t o historians Lev E. Dobriansky of George­ Nixon was scheduled to visit Ktev~ the capital kansas who speaks o:! "the subjugation and town University; Bertram D. Wolfe, Russian of the Ukraine.'' To put it mildly, the art or enslavement of the people& of Poland, Hun­ history professor and fellow at the Hoover Kremlinology ls certainly "creative." gary, Lithuania., Ukraine ..." and ot hers. CXIX--922.--Part 12 14610 CONGRESSIONAL RECORD- HOUSE May 8, 1973 NEED FOR REVISION OF THE ALIEN Immigration and Nationality relative to The Labor Department feels strongly that LABOR CERTIFICATION PROGRAM the admission of temporary workers. In it should remain in the [labor certification] commenting on a revision of this section business in connection with temporary cer­ The SPEAKER pro tempore. Under a tification . . . On the other hand, we have previous order of the House, the gentle­ known as the H-2 program to allow tem­ had a considerable amount of discussion man from New York (Mr. RoDINo) is porary workers to take jobs which are within the Department as to really what ef­ recognized for 10 minutes. permanent in nature, the Justice De­ fect permanent certification has in terms of Mr. RODINO. Mr. Speaker, during the partment stated: the over-all labor market and in terms of floor debate on H.R. 982 last week several The purpose of this change is to enlarge economic policy and that debate contin14es. of my colleagues made mention of the the opportunities for American employers to We do not have a position other than the fact that many jobs in the United States obtain needed temporary labor through law­ one that we are in the business and we are ful processes, with safeguards to American responsible for effectively administering the remain unfilled or are filled by illegal labor .... it would provide fleXibility in ful­ law. aliens simply because American workers filling the needs of American employers, and refuse to accept these jobs. This argu­ in diminishing the incentive to use workers If they, in fact, do intend to remain in ment has particular validity with respect who are illegally in the United States. the business, I believe it is incumbent to service-related jobs in our urban upon the Department of Labor to formu­ areas, as well as agricultural employment Likewise the State Department com­ late specific legislative recommendations in our rural areas. mented: regarding: The labor certification pro­ We are constantly reminded by ho'..l.Se­ The Department does recognize that there gram and the need to revise present cer­ will be occasions in which there is a legiti­ to wives that they are unable to locate mate need for the temp01rary service of tification procedures in an effort al­ domestic workers and by restaurant and [non-immigrants) due to a. temporary un­ leviate any hardships which may have hotel managers that they simply can not ava.ilabllity of qualified workers, either re­ unintentionally resulted from the 1965 find Americans who are willing to accept gionally or on a nation-wide basis. legislation. I am very pleased that the chairman such jobs. Furthermore, farmers are con­ In each of these cases, however, the tinuously plagued with the problem of of the Immigration and Nationality Sub­ Departments of State and Justice de­ committee, the Honorable JosHUA ElL­ locating persons to work in ··'heir fields ferred to the Department of Labor's po­ BERG, has scheduled further hearings or to harvest their crops. sition on this matter. The Department Because I have long recognized this this week on immigration from the of Labor, however, exhibiting a total lack Western Hemisphere and to consider problem I have introduced legislation­ of imagination, has vehemently opposed H.R. 980, 93d Congress-which would to the overall impact of th'e labor certifi­ an amendment of this nature. cation requirement as well as the need some ex-tent alleviate this problem. The Similarly, in commenting on my bill, bill I have introduced does not represent to amend section 212(a) (14) of the Im­ a complete solution to the problem but H.R. 980, the Department of Labor in­ migration and Nationality Act. I am rather a clear recognition that a prob­ dicated that- hopeful that these hearings will be pro­ In light of our experience with the use of ductive and that the Department of La­ lem does exist and that corrective legis­ temporary alien workers, I oppose any ex­ lation is urgently needed. pansion of our admissions pollcy for non­ bor wlll depart from its traditional Furthermore, as a member of the Im­ immigrant aliens or broadening the existing "negative" approach to this very vex­ migration and Nationality Subcommit­ job limitations. If Congress deems it advis­ ing problem. tee for several Congresses and as chair­ able to authorize admission of more aliens man of this subcommittee during the 92d to perform work, a.n increase in the number Congress, I have been extremely per­ of immigrant visas for workers would be CONGRESSMAN DANIELS PLEDGES plexed and disturbed by the position of preferable to the arrangement provided for FULL SUPPORT TO ISRAEL-HAILS the Department of Labor regarding this by this bill. ISRAELIS ON 25TH ANNIVERSARY particular problem. This position presupposes that the The SPEAKER pro tempore. Under a They consistently have maintained majority of aliens are desirous of enter­ previous order of the House, the gentle­ that there is a surplus or avallabtlity of ing this country on a permanent basis. man from New Jersey (Mr. DoMINICK V. American workers to fill the positions This view is not accurate since our hear­ DANIELS) is recognized for 5 minutes. that I have mentioned and have stead­ ings have revealed that a large number Mr. DOMINICK V. DANIELS. Mr. fastly ignored the pleas of employers of aliens-including the vast majority Speaker, this week we observe the 25th who, despite sincere efforts to locate of illegal aliens who are presently filling anniversary of the founding of the State American workers, are unable to do so. these undesired jobs-do not intend to of Israel. A quarter century has gone by Section 212(a) (14) of the Immigra­ enter the United States permanently. since the gallant little nation was es­ tion and Nationality Act expressly pro­ Inste.ad, they seek to come to the United tablished in what was previously part of vides that a labor certification should be States temporarily in order to earn suf­ the British mandate in Palestine. granted if: First, there are not sufficient ficient money to sustain their families In that critical year it seemed likely workers in the United States who are and then return to their native country. that Israel would be crushed at birth. able, willing, qualified and available for In addition, the 1965 amendments to Almost immediately it was invaded by the job intended to be filled by the alien; the Immigration and Nationality Act in­ the vaunted Arab Legion commanded by and second, the employment of such stituted new procedures for obtaining King Abdullah of Jordan. The world alien will not adversely affect the wages labor certifications. Many witnesses who held its breath as the Israelis fought and working conditions of American have appeared before the Immigr.ation with a tenacity and a dedication that workers. In implementing the first re­ Subcommittee have indicated that the earned them the respect of the world quirement, the Department of Labor revised procedures have resulted in ex­ community. The dream of Theodore notwithstanding the statutory language treme hardship to many intending im­ Herzl and the other Zionists had become considers only the availability of workers migrants who are unable to satisfy the a reality. Israel was now fait accompli. and not whether such workers are, in job offer requirement. It has been sug­ In the next 25 years, Israel has success­ fact, willing to accept such employment. gested that it is unrealistic to require an fully withstood the apparently unending Another problem which has sur­ alien to obtain an offer of employment hostility of its neighbors and become a rounded the implementation of an ef­ from .an unknown employer or for an model democratic nation, unique in the fective labor certification program is the employer to make such an offer to an troubled Middle East. lack of close cooperatlon between the employee whom he has never inter­ In the last 25 years, Israel has accom­ Department of Labor and the Depart­ viewed or observed. If these procedures plished some outstanding feats. Its econ­ ments of State and Justice. Our extensive have proved to be unduly burdensome to omy is flourishing. It now exports 10 hearings on illegal aliens clearly indi­ employers, intending immigrants or percent as many finished goods as Ja­ cated the need for greater coordination even to the Department of Labor itself, pan, a nation 50 times its size. Its mer­ between these agencies of Government why has the Department of Labor failed chant marine is half that of the United in formulating policies regarding the to come forward with positive recom­ States. Life expectancy in Israel is now permanent and temporary admission of mendations for remedial legislation? Un­ exceeded only by that of Sweden among aliens for employment purposes. questionably, these problems are not the world's nations. This lack of cooperation is exemplified new and have existed for many years. During my 15 years in the Congress, by the disagreement which exists be­ For example, on March 23 of last year I have given the strongest possible kind tween these Departments regarding an the Associate Manpower Administrator of support for Israel for the simple rea­ amendment to lOlmorrow. obtain agreement on a national monu­ These four individuals described, in Governments friendly with the United States have good relations with Syria and ment of an area encompassing ove1· vivid detail, the increasing despair among 26,000 acres. Jews in Iraq and Syria and the height­ Iraq. France is a case in point, and ened desire by most to emigrate. Few France should use its good offices to help members of these communities, however, these people. The United Nations com­ have been able to leave, because of rigid munity, so often concerned with issues ISRAEL'S 25TH ANNIVERSARY government restrictions and specific poli­ of human rights, should address this The SPEAKER pro tempore. Under a cies designed often arbitrarily against issue in the near future. previous order of the House, the gentle­ these Jewish groups and against permit­ And, finally, the restoration of rela­ man fTom California J: MANY SERVICES AND and deduct from the wages all payments who "exploit producers of agricultural FUNCTIONS required under Federal law. products, migrant agricultural laborers, Third, the crew leader must provide and the public generally... Crew leaders provide some or all of many functions in addition to supplying insurance during the transportation of Testimony presented before the Sub­ his crew. committee on Agricultural Labor, as re­ labor. Generally, they provide transpor­ tation for their workers. Some act as Violation of the law may result in cently as April 6 and April 7, 1973, has reyocation of the "certificate," or in demonstrated clearly the need for an im­ foremen or supervisors in the fields when the work is being done. Some manage crrminal prosecution with a tine of up provement of the existing law. During to $500. those hearings the subcommittee re­ the camps where the workers are housed and provide food facilities. Some use 5. THE PRESENT LAW HAS NOT ACHIEVED THE ceived testimony to this effect from farm­ HOPED FOR RESULTS workers, growers, and even a farm labor their vehicles to haul the produce from the farm to the market. They pay their A Senate study, published in 1969 in­ contractor. dicates that the 1963 Crew Leader' bill It is for these reasons that I have pre­ workers, with wages received from the farmer. has not brought about the hoped for pared the bill I am introducing today. results. This legisaltion is designed to overcome The crew leaders are independent the shortcomings which have been businessmen, and depend for their prof­ This study indicates that, under the clearly demonstrated in the years that its on striking a good bargain with the act, some 2,978 crew leaders had filed for have passed since the present law be­ farmer on the one hand, and with his certificates of registration in 1968 but came effective. crew members on the other, always care­ an estimated 8,000 to 12,000 farm iabor Mr. Speaker, since many of my col­ ful not to let the right hand know what contractors were not registered. In 1968, leagues may not be familiar with the the left hand is doing. the Secretary had denied one application provisions of the existing law, before ex­ 3. SOME CREW LEADERS ABUSE AND EXPLOIT and had suspended the certificates issued plaining my amendments, I would like THOSE WITH WHOM THEY DEAL to 358 crew leaders. The Secretary had to provide this Chamber with some back­ Some crew leaders exploit the farmers. completed 358 investigations of law viola­ ground information on how the farm la­ The crew leader may simply fail to show tions in that year. The failure to enforce bor contractor system works and how it up with his crew at the appointed time the Act results in large part from the is affected by the existing law. because of better opportunities else­ fact that the field staff of the Labor De­ 1. THE ROLE OF THE "CREW LEADER" where. Or, he may agree to harvest the partment's Farm Labor Contract Reg­ entire crop and leave after the first pick­ istration Section was "limited in 1968 to Some farmworkers are "freewheelers" five professional employees. or "walk ons, .. and find their own jobs. ing because the second and successive Others are recruited directly by large pickings are more difficult and less 6. THE FOLLOWING AMENDMENTS ARE DESIGNED farmers, by associations of farmers or profitable. TO PLUG THE LOOPHOLES by packinghouses and cannery cbm­ Some crew leaders exploit their crews. The proposed amendments are de­ panies that purchase in advance the They transport them in unsafe vehicles. ~igned to cure the weaknesses discovered crops to be grown by farmers. Most They fail to furnish the contemplated m the actual operation of the act which workers, however, travel in crews; and housing. They exploit the worker in the became operative on July 1 of 1965. the farm labor contractor, who is more sale of food. They withhold for their own The Farm Labor Contractor Registra­ commonly kno\vn as the "crew leader., profit part of the promised wage. Some­ ti?n Act Amendments of 1973 contain is the bridge between the farm operator times they even traffic in marihuana, nme ~mendments to the existing law. and the migrant agricultural laborer. bootleg whiskey or prostitution. At thiS point I would like to present a A brief description of the "recruit­ Many of these problems were recently brief explanation and justification of ment" of farm labor by New York farm­ brought to light by events which tran­ each proposed amendment. ers is typical of most States: spired in Dade County, Fla. They re­ First. Section 2 would exempt the Along about the end of February, most sulted in criminal proceedings which are "day hauler" from · coverage under the New York crop farmers are estimating their presently underway. act. This amendment is proposed because seasonal labor requirements. At that time, 4. PURPOSE AND OUTLINE OF THE 1963 ACT there are so few inspectors assigned to however, most migrant crews are working The Farm Labor Contractor Registra­ polici?g the Farm Labor Contractor Reg­ in harvest areas in and near Florida. A very IStratiOn Act that it is felt they should be few New York growers-the wealthier ones­ tion Act of 1963 was designed to elimi­ will either go themselves or send a repre­ nate some of this duplicity and double­ ~.ssigned to the "core" problem areas; It sentative South to negotiate for labor. But, dealing. Is the feeling of many people familiar by and large, crop farmers in New York First, it requires that all ''crew lead­ with these problems that the "day State use the service provided by the farm ers"-as broadly defined-be registered hauler," who recruits and hauls each day placement office of the State department of w~t~ the Secretary of Labor, and pro­ is not ~.maj~r part of the evil. If the "day labor's division of employment for their con­ hibits the issuance of registration certifi­ hauler mistreats or misleads his tact with crew leaders and workers. cates to crew leaders who have been con­ "crews," they can simply ignore him the In late February, farm placement office next day. representatives go into the field to interview vi~ted of designated crimes; who have growers, to ascertain their estimated needs, falled to perform agreements entered Second. Section 3 would eliminate the and to gather information about every as­ into with farm operators; or who have restrictive applicability of the act to only pect of work conditions. Specific data on given false or misleading information those who lead crews "from one State housing, transportation facilities, types of to migrant workers concerning the to another, or from any place outside of w_ork to be performed, rates of payment, are terrns, conditions, or existence of agri­ a ~?tate to any place within a State." d1scussed with each interested farmer...• cultural employment, and so on. All these details are translated into a re­ Th1s amendment is necessary because port which is forwarded to the Florida State Second, it requires all crew leaders to m.an~ crew leaders operate entirely Employment Service. This agency, a clear­ inform each worker at the time of re­ Withm one State. This is most evident in inghouse for similar reports from other cruitment CD the expected area of em­ States with high concentration of agri­ States in the crop cycle, schedules an itiner­ ployment, (ii) the crops and operations cultural workers such as California ary conference. All local FSES officers are on whi-ch he may be employed, the Texas, Florida, and my own State of ~otifted, and through them, all crew leaders m the area are alerted. ~ransportation, Civ) the housing, the Michigan. There is no reason why these In early April, farm labor agency repre­ msurance that will be provided, priations bill, at least appear to be "in conflict with the con­ porting and analysis to the committees of all intelligence information collected by the one amendment will be offered to limit stitutional separation of powers by sub­ Agency concerning relations of the United U.S. military activities in and over Cam­ jecting the Agency to executive direction States to foreign countries and matters of bodia. Recent statements by the Secre­ from two separate branches of Govern­ national security; tary of Def.ense indicate that simply ment." (b) .authorize any one of the four com­ eliminating the authority to transfer The CIA obviously needs new direction. mittees to impose special reporting, analysis, funds as provided in section 735 of H.R. May 8, 1973 CONGRESSIONAL RECORD-HOUSE 14617 7447 will be inadequate to accomplish would permit the people of South Vietnam on the ground, and when air strikes the desired goal. to exercise their right of self-determination. against North Vietnam were resumed The Secretary maintains that such a Yet Congress has never affirmed this and the harbors mined, I defended these move as proposed by Congressman as U.S. policy, nor authorized its im­ actions. I considered them justified as GIAIMO and others would not prohibit plementation. If this is to be U.S. policy, a part of the withdrawal program. the use of funds for bombing Cambodia certainly Congress must first approve Now that withdrawal has been com­ but would harm our defense and security the use of military force for such a pleted, and our prisoners of war re­ position in other parts of the world. purpose. turned, I believe that no authority what­ In order to overcome this difficulty, a Last week, in a letter to President ever exists for the President to continue more restrictive amendment has been Nixon, I suggested that he request a military action in Cambodia, or else­ proposed by Congressman LoNG, strictly limited authorization from Congress for where in Indochina. limited in its impact to funds provided the bombing being conducted in Cam­ For these reasons, I believe the House for Cambodia. However, it may be in· bodia. My letter, dated Friday, May 4, should accept an amendment to the sup­ terpreted by the Executive to restrict the 1973,stated: plemental appropriation bill to deny use only of those funds transferred in DEAR MR. PRESIDENT: On Thursday the funds for bombing in Cambodia by U.S. the supplemental and not to apply to House will consider an amendment to strike forces: those funds otherwise appropriated in the funds for bombing in Cambodia from Bombing is not presently authorized the act for defense spending. To preclude the Second Supplemental Appropriations bill by any law or treaty, nor by any reason­ such an unwarranted distinction from of 1973, H.R. 7443. It is the belief of many able interpretation of the reserve war Members that, abent Congressional approval, being made and to give the restriction you lack authority for the continued powers of the President as Commander the broadest eifect, it is my intention to bombing. For that reason, some may vote in Chief. No report has been made by the otfer the following amendment to the bill to strike the funds regardless of policy argu­ President to Congress, nor has any re­ to make it abundantly clear that no funds ments in favor of continued bombing such quest for authorization of the bombing. provided by the bill should be used for as those advanced by Secretary Rogers before The Congress, not the President, should Cambodia. the Senate Foreign Relations Committee on pass judgment. "On page 6, after line 12, insert the fol­ Apr1130. If amendments to shut oif funds for lowing new paragraph: The gist of the Secretary's statement was bombing Cambodia are all rejected, the "None of the funds provided by this Act that bombing is justified because an inter­ national agreement was broken. . If that President inevitably will interpret this as shall be used to support bombing or other clear endorsement of his assertion that combat operations in Cambodia by United justification is accepted, the President could States military forces." engage our forces in hostilites in the future he has the right to act without cong~·es­ without Congressional approval whenever sional approval. It is possible that some justification any peace agreement is broken. The fundamental issue is not whether can be advanced for the continued bomb­ As you know, the Senate is considering bombing should occur, but who should ing in Cambodia, but as of yet, none has war powers legislation similar to that passed decide. been presented to Congress. Secretary last year, which would limit the authority to commit troops to hostlllties without prior STATEMENT SUBMITTED TO THE SENATE FOREIGN Rogers told the Senate Foreign Relations approval of Congress, and the House Foreign RELATIONS COMMI'ITEE BY THE HONORABLE Committee last week: Affairs Committee is expected soon to take WILLIAM P. ROGERS, SECRETARY OF STATE Unilateral cessation of our United States up a similar resolution which has been re· The purpose of this memorandum is to air combat activity in Cambodia without the ported from subcommittee. Substantial sup­ discuss the President's legal authority to con­ removal of North Vietnamese forces from port for these meaf?ures exists in Congress. tinue United States air combat operations in that country would undermine the central I have no way to forecast the outcome Cambodia since the conclusion of the Agree­ achievement of the January agreement as of the vote on Thursday, but it seems pos­ ment on Ending the War and Restoring Peace surely as would have a failure by the United sible, perhaps likely, that the motion to in Viet-Nam on January 27, 1973, and the States to insist on the inclusion in the strike will be accepted. completion on March 28, 1973, of the with­ Agreement of Article 20 requiring North My purpose in writing is to suggest that drawal of United States armed forces from Vietnamese withdrawal from Laos and Cam­ you give consideration to placing before Viet-Nam and the return of American citi­ bodia. The President's powers under Article the Congress a request for a limited author­ zens held prisoner in Indochina. The memo­ II of the Constitution are adequate to pre­ ization for the bombing. This would provide randum also discusses the background of the vent such a self-defeating result. an orderly means through which the Con­ Agreement of January 27 and the purposes gress could consider the merits of the pro­ of various United States actions in order to Time and again, Secretary Rogers cites posal. It would satisfy Congressional deter­ clarify the legal issues. article 20 of the Paris Peace Agreement, mination to participate in decisions involv­ For many years the United States has pur­ which he says: ing war powers. sued a combination of diplomatic and mili­ Recognizes the underlying connections I am hopeful and confident that if such tary efforts to bring about a just peace in among the hostillties in all the countries of a. request is made, the House will defer a Viet-Nam. These efforts were successful in Indochina and required the cessation of for­ decision on the motion to strike until hear­ strengthening the self-defense capabilities eign armed intervention in Laos and Cam­ ings can be completed on your request. ot the armed forces of the Republic of Viet­ bodia.. The importance of this article can­ Sincerely yours, Nam and in bringing about serious negotia­ not be overestimated. PAUL FINDLEY, tions which culminated in the Agreement on Representative in Congress. Ending the War and Restoring Peace in Viet­ In fact, I think that its importance has Nam, signed at Paris on January 27, 1973. been vastly over-estimated. The thrust All through the history of U.S. mili­ This Agreement provided for a cease-fire in of the Secretary,s statement is that bomb­ tary forces in Indochina, serious ques­ Viet-Nam, the return of prisoners, and the ing is justified because an international tion was raised over the constitutionality withdrawal of United States and allied armed agreement was broken. of the engagement. President Johnson forces from South Viet-Nam within sixty The President cannot draw from a asserted that Congress conveyed author­ days. The Agreement (in Article 20) also re­ ity in the Tonkin Gulf Resolution for all quired the withdrawal of all foreign armed peace agreement the power to initiate forces from Laos and Cambodia and obli­ combat against those who break that the military actions that ensued. gated the parties to refrain from using the a~reement. That power must come from Personally, I was never satisfied that territory of Cambodia and Laos to encroach the Constitution. the resolution was adequate. Neverthe­ on the sovereignty and security of other Just as the President cannot imply less, it was regarded by Mr. Johnson as countries, to respect the neutrality of Cam­ the carrot of aid to rebuild North Vietnam adequate, and on several occasions he bodia and Laos, and to avoid any interfer­ challenged the Congress to repeal the ence in the internal affairs of those two coun­ from his constitutional powers to con­ tries. This Article is of central importance as duct foreign relations, he cannot apply resolution if it did not wish military op­ erations in Indochina to continue. it has long been apparent that the conflicts the stick of war to those who ignore or in Laos and Cambodia are closely related to break agreements into which the Presi­ The question of the eifectiveness of the confiict in Viet-Nam and, in fact, are so dent has entered. Under the Constitu­ the resolution was settled with its repeal inter-related as to be considered parts of a tion, Congress must approve both the 2 years ago. Since then, in my view, the single conftict. carrot of aid and the stick of war, or President has had authority to continue At the time the Viet-Nam Agreement was neither can legally be used. with military operations in Indochina concluded, the United States made clear to only to the extent that such were re­ the North Vietnamese that the armed forces Secretary Rogers also affirms that: of the Khmer Government would suspend The purposes of the United States in quired to facilitate the safe withdrawal all offensive operations and that the United Southeast Asia have always included seeking of our military forces remaining in that States aircraft supporting them would do a settlement to the Vietnamese war that area. When our forces invaded Cambodia likewise. We stated that, if the other side 14618 CONGRESSIONAL RECORD- HOUSE May 8, 1973 reciprocated, a de facto ceasefire would The United States is gratified that a cease­ play of political forces. The Constitution is a thereby be brought into force in Cambodia. fire agreement has been reached in Laos. It framework for democratic decision and ac­ However, we also stated that, it the com­ must be respected by all the parties and tion, not a source of ready-made answers to munist forces carried out attacks, govern­ result in the prompt withdrawal of foreign all questions, and that is one of its great ment forces and United States air forces forces. In C&mbodia it has not yet been pos­ strengths. would have to take necessary counter meas­ sible to bring about a cease-fire, and North There is no question but that Congress ures and that, in that event, we would con­ Vietnamese forces have not withdrawn from should play an important role in decisions tinue to carry out air strikes in Cambodia as that country. Under present circumstances, involving the use of armed forces abroad. necessary until such time as a cease-fire United States air support and material as­ With respect to the continuation of US air could be brought into effect. These state­ sistance are needed to support the armed combat activity in Cambodia, what is that ments were based on our conviction that it forces of the Khmer Republic and thereby role. The Congress has cooperated with the was essential for Hanoi to understand that to render more likely the early conclusion of President in establishing the policy of firm­ continuance of the hostilities in Cambodia a cease-fire and implementation of Article 20 ness coupled with an openness to negotia­ and Laos would not be in its interest or in of the Agreement. Thus, U.S. air strikes in tion which has succeeded in bringing about our interest and that compliance with Arti­ Cambodia do not represent a commitment the Agreement of January 27 and which can cle 20 of the agreement would have to be by the United States to the defense of Cam­ succeed in securing its implementation. This reciprocal. bodia as such but instead represent a mean­ cooperation has been shown through consul­ It has recently been suggested that the ingful interim action to bring about com­ tations and through the authorization and withdrawal of all US armed forces from pliance with this critical provision in the appropriation process. The Congress has con­ South Viet-Nam and the return of all US Viet-Nam Agreement. sistently rejected proposals by some mem­ prisoners has created a fundamentally new To stop these air strikes automatically bers to withdraw this Congressional partici­ situation in which new authority must be at a fixed date would be as self-defeating as pation and authority by cutting off appro­ sought by the President from the Congress it would have been for the United States priations for necessary military expenditures to carry out air strikes in Cambodia. The to withdraw its armed forces prematurely and foreign assistance. The Congress has also issue more accurately stated is whether the from South Viet-Nam while it was still trying enacted several provisions with specific refer­ constitutional authority of the President to to negotiate an agreement with North Viet­ ence to Cambodia. The President's policy in continue doing in Cambodia what the United Nam. Had that been done in Viet-Nam, the Cambodia has been and continues to be fully States has lawfully been doing there expires Agreement of January 27 would never have consistent with these provisions. with the withdrawal of US armed forces from been achieved; if it were done in Cambodia, It was, of course, hoped that the Agree­ Viet-Nam and the return of American pris­ there is no reason to believe that cease-fire ment signed at Paris on January 27 would oners despite the fact that a cease-fire has could be brought about in Cambodia or that be strictly implemented according to its not been achieved in Cambodia and North the withdrawal of North Vietnamese forces terms, including the prompt conclusion of Vietnamese troops remain in Cambodia con­ from Cambodia could be obtained. It can cease-fires in Laos and Cambodia and the trary to clear provisions of the Agreement. be seen from this analysis that unilateral withdrawal of foreign troops from those two In other words, the issue is not whether the cessation of our United States air combat countries. What has happened instead is President may do something new, but rather activity in Cambodia without the removal of that, in Laos, the cease-fire has been followed whether what he has been doing must auto­ North Vietnamese forces from that country by continuing communist stalling in form­ matically stop, without regard to the con­ would undermine the central achievement ing the new government and, in Cambodia, sequences even though the Agreement is not of the January Agreement as surely as would the communists responded to the efforts of being implemented by the other side. have a failure by the United States to insist the Khmer Government to bring about a The purposes of the United States in South­ on the inclusion in the Agreement of Article cle facto cease-fire with a fierce, general of­ east Asia have always included seeking a 20 requiring North Vietnamese withdrawal fensive. North Vietnamese forces remain in settlement to the Vietnamese war that would from Laos and Cambodia. The President's Laos and Cambodia and continue to infil­ permit the people of South Viet-Nam to powers under Article II of the Constitution trate men and war material through these exercise their right to self-determination. are adequate to prevent such a self-defeating countries to the Republic of Viet-Nam. North The President has made this clear on many result. It is worth noting that in reaching Vietnamese forces in Cambodia continue to occasions. For example, on May 8, 1972, when a similar conclusion, the report entitled participate in and to support Communist of­ he made the proposals that formed the basis "Congress and the Termination of the Viet­ fensive operations. for the ultimately successful negotiations Nam War" recently prepared for your Com­ United States air strikes in Laos were an with North Viet-Nam, he said there were mittee by the Foreign Affairs Division of the important element in the decision by North three purposes to our military actions against Congressional Research Service, arrived at Viet-Nam and its Laotian allies to negotiate Viet-Nam: first, to prevent the forceful im­ the same general conclusion as to the Presi­ a cease-fire in Laos. If United States air position of a communist government in dent's Constitutional power. strikes were stopped in Cambodia despite the South Viet-Nam; second, to protect our re­ One must recognize that the scope and ap­ communist offensive, there would be little, maining forces in South Viet-Nam; and lication of the President's powers under if any, incentive for the communists to seek third, to obtain the release of our prisoners. Article II of the Constitution are rarel:y free a cease-fire in that country, and the tempta­ The joint communique issued by the Presi­ from dispute. Under the Constitution, the tion would doubtless be great for North dent and Mr. Brezhnev in Moscow on May 29, war powers are shared between the Executive Viet-Nam to leave its troops and supply lines 1972, in which the view of the United States and Legislative branches of the Government. indefinitely in Laos and Cambodia. Such a was expressed, said that negotiations on the The Congress is granted the powers "to pro­ situation would be the opposite of that pre­ basis of the President's May 8 proposals vide for the common defense," "to declare scribed by Article 20 of the Viet-Nam Agree­ would be the quickest and most effective way war, grant letters of marque and reprisal, ment and would so threaten the viability of to obtain the objectives of bringing the mili­ and make rules concerning captures on land the settlement in Viet-Nam and the right to tary conflict to an end as soon as possible and water,'' "to raise the support armies," "to self-determination of the South Vietnamese and ensuring that the political future of provide and maintain a navy," "to make rules people as to be totally unacceptable to the South Viet-Nam should be left for the South for the government and regulation of the Republic of Viet-Nam and the United States. Vietnamese people to decide for themselves, land and naval forces," and "to make all laws In light of these facts, it seems clear that free from outside interference. The recent which shall be necessary and proper for the argument that the Constitution requires opinion of the United States Court of Ap­ carrying into execution the foregoing pow­ immediate cessation of US air strikes in peals for the District of Columbia Circuit in ers ... On the other hand, the Constitution Cambodia because of the Paris Agreement is, Mitchell v. Laird makes it clear that the provides that "the executive power shall be in reality, an argument that the Constitu­ President has the constitutional power to vested in a President," that he "shall be Com­ tion which has permitted the United States pursue all of these purposes. In the words of mander-in-Chief of the army and navy of the to negotiate a peace agreement--a peace that Judge Wyzanski the President properly United States,'' and that "he shall take care guarantees the right of self-determination that the laws be faithfully executed." The to the South Vietnamese people as well as acted "with a profound concern for the dur­ President is also given the authority to make able interests of the nation-its defense, its the return of United States prisoners and treaties with the advice and consent of two withdrawal of United States armed forces honor, its morality." thirds of the Senate, to appoint ambassadors The Agreement signed on January 27, 1973, from Viet-Nam-is a Constitution that con­ with the advice and consent of the Senate, tains an automatic self-destruct mechanism represented a settlement consistent with and to receive ambassadors and other public these objectives. An important element in designed to destroy what has been so pain· ministers. fully achieved. We are now in the process of that Agreement is Article 20 which recog­ The proceedings of the Federal Constitu­ nizes the underlying connections among the having further discussions with the North tional Convention in 1787 suggest that the Vietnamese with regard to the implementa­ hostilities in all the countries of Indochina ambiguities of this division of power between and required the cessation of foreign armed tion of the Paris Agreement. We hope these the President and the Congress were de­ discussions will be successful and will lead intervention in Laos and Cambodia. The im­ liberately left unresolved with the under­ to a cease-fire in Cambodia. portance of this article cannot be overesti­ standing that they were to be defined by mated, because the continuation of hostili­ t>ractice. There may be those who wish the ties in Laos and Cambodia and the presence framers of the Constitution would have been CONGRATULATIONS BOB BOYD there of North Vietnamese troops threatens more precise, but it is submitted that there AND CLARK HOYT the right of self-determination of the South was great wisdom in realizing the impossi­ Vietnamese people, which is guaranteed by bility of foreseeing all contingencies and In MFN treatment must also be withheld trade matters to fatten his friends and Mr. ROBISON of New York. until the deplorable emigration-educa­ destroy his enemies. Mr. BLACKBURN. tion tax is ended. There can be no trade I cannot give the White House au­ Mrs. HOLT. reform, if humanity is sacrificed for eco­ thority to enter into secret and star­ Mr. PEYSER in 10 instances. nomic gain. chamber trade deals and then permit the Mr. FREY in two instances. CREDITS dealers to shroud their action in Execu­ Mr. DoN H. CLAUSEN. tive privilege. Mr. DERWINSKI in three instances. There can be no trade reform if Amer­ Mr. TREEN in two instances. ican credit policy for foreign trade is Trade must be open-above board­ and provide equal opportunities for all Mr. HoRTON in two instances. handled outside of this bill. Credit and Mr.SYM.MS. trade are interchangeable and interde­ American producers, large and small, Mr. CoNTE. pendent. The trade bill must direct trade who produce the same commodity. The Mr. WYMAN in two instances. credit policies to maximize the advan­ fairness doctrine must be enacted into Mr. BAKER. tage of taxpayer-supported credit. Sub­ the trade laws. ·Mr. BROTZMAN. sidized credit sales must be restrained Congress can write a trade bill which Mr. ANDERSON of Dlinois in two tn.­ with rich and prosperous trading part­ meets the requirements of the Nation stances. ners who have dollars to spare. without providing wide-ranging and ar­ Mr.ABDNOR. A few months ago the Export-Import bitrary authority to bypass the Congress. Mr. BURGENER in two instances. May 8, 1973 CONGRESSIONAL RECORD- HOUSE 14621' , other purposes (Rept. No. 93-167). Referred H.R. 7593. A bill to establish the Federick the House adjourned until tomorrow, to the House Calendar. Law Olmstead Home and Office in Brookline, Wednesday, May 9, 1973, at 12 o'clock Mr. MURPHY of Dlinois: Committee on Mass., as a national historic site; to the Com­ noon. Rules. House Resolution 388. Resolution pro­ mittee on Interior and Insular Affairs. viding for the consideration of H.R. 7445. By Mr. DUNCAN: A bill to amend the Renegotiation Act of H.R. 7594. A bill to amend the Internal EXECUTIVE COMMUNICATIONS, ETC. 1951 to extend the act for 2 years; with Revenue Code to encourage an increase in production of coal; to the Committee on Under clause 2 of rule XXIV, executive amendment (Rept. No. 93-166). Referred to the House Calendar. Ways and Means. communications were taken from the H.R. 7595. A bill to amend the Internal Speaker's table and referred as follows: Mr. LONG of Louisiana: Committee on Rules. House Resolution 390. Resolution pro­ Revenue Code to encourage development of 886. A communication from the President viding for the consideration of H.R. 5777. A processes to convert coal to low pollutant of the United States, transmitting the report synthetic fuels; to the Committee on Ways blll to protect hobbyists against the repro­ and Means. of the Presidential Study Commission on In­ duction or manufacture of certain imitation ternational Radio Broadcasting; to the Com­ By Mr. FINDLEY: hobby items and to provide additional pro­ H.R. 7596. A bill to amend the National mittee on Foreign Affairs. tections for American hobbyists; with amend­ 887. A letter from the Acting Assistant Security Act of 1947, as amended, to keep Secretary of Defense (Comptroller), trans­ ment (Rept. No. 93-168). Referred to the the Congress· better informed on matters re­ mitting a report of the estimated value, by House Calendar. lating to foreign policy and na.tional secu­ country, of support furnished from m1litary rity by providing it with intelligence infor­ functions appropriations for the support of mation obtained by the Central Intelligence the Vietnamese and other free world forces PUBLIC BILLS AND RESOLUTIONS Agency and with analysis of such informa­ in Vietnam and the support of local forces Under clause 4 of rule XXII, public tion by such agency; to the Committee on in Laos, covering the third quarter of fiscal bills and resolutions were introduced and Armed Services. year 1973, pursuant to section 737(b) of By Mr. WILLIAM D. FORD (for him­ Public Law 92-570; to the Committee on severally referred as follows: self, Mr. THOMPSON of New Jersey, Appropriations. By Mr. BERGLAND: Mr. O'HARA, Mrs. GRASSO, Mr. MEEDS, 888. A letter from the Acting Assistant H.R. 7585. A bill to improve education by and Mr. LEHMAN) : Secretary of Sta.te for Congressional Rela­ increasing the freedom of the Nation's H.R. 7597. A bill to amend the Farm Labor tions, transmitting a report on assistance­ teachers to change employment across State Contractor Registration Act of 1963 by ex­ related expenditures for Laos during the lines without substantial loss of retirement tending its coverage and effectuating its en­ third quarter of fiscal year 1973, pursuant benefits through establishment of a Federal­ forcement; to the Committee on Education to section 602 of Public Law 92-436; to the State program; to the Committee on Educa­ and Labor. Committee on Armed Services. tion and Labor. By Mr. FULTON: 889. A letter from the Secretary of the By Mr. BROTZMAN (for himself, Mr. H.R. 7598. A bill to amend chapter 15 of Treasury, transmitting a report on the audit GERALD R. FORD, Mr. ANDERSON of D­ title 38, United States Code, to provide for of the Exchange Stabilization Fund for fiscal linois, Mr. BAKER, Mr. BARRETT, Mr. the payment of pensions to World War I vet­ year 1972, pursuant to the Gold Reserve Act COUGHLIN, Mr. HARRINGTON, Mr. erans and widows, subject to $3,000 and of 1934, as amended (31 U.S.C. 822a); to the PETTIS, Mr. RHODES, Mr. ROONEY Of $4,200 annual income limitations; to provide Committee on Banking and Currency. Pennsylvania, Mr. WILLIAMS, Mr. !or such veterans a certain priority in entitle­ 890. A letter !rom the Acting Assistant YATRON, Mr. FORSYTHE, Mr. WINN, ment to hospitalization and medical care; Secretary of State for Congressional Rela­ Mr. ROBINSON of Virginia, Mrs. and for other purpose; to the Committee on tions, transmitting a report nn assistance CHISHOLM, Mr. DONOHUE, Mr. HECH­ Veterans' Affairs. related funds obligated for Cambodia during LER of West VIrginia, and Mr. By Mr. KASTENMEIER: the third quarter of fiscal year 1973, pursuant THONE): H.R. 7599. A bill to amend the Trademark to section 655 (f) of the Foreign Assistance H.R. 7586. A bill to require that all school- Act of 1946 and title 35 of the United States 14622 CONGRESSIONAL RECORD-SENATE May 8, 1973 Code to change the name of the Patent Of­ strophic disasters; to the Committee on By Mr. FREY: fice to the "Patent and Trademark Office"; Banking and Currency. H R. '7610. A bill to require the Secretary to the Committee on the Judiciary. By Mr. PATTEN: of Transportation to take into consideration By Mr. MAZZOLI: H.R. 7605. A bill to require the President the public interest in the freedom of move­ H.R. 7600. A bil1 to amend the Uniform to notify the Congress whenever he impounds ment of surface land transportation when Time Act of 1966 to provide that daylight funds, or authorizes the impounding o! funds, saving time shall begin on Memorial Day and and to provide a procedure under which the prescribing rules and regulations to govern end on Labor Day of each year; to the Com­ House of Representatives and the Senate the opening of drawbridges across the navi­ mittee on Interstate and Foreign Commerce. may disapprove the President's action and re­ gable rivers and other waters of the United · H.R. 7601. A bill to provide that respect tor quire him to cease such impounding; to the States; to authorize the Secretary of Trans­ an individual's right not to participate in Committee on Rules. portation to assess a civil penalty for any abortions contrary to that individual's con­ By Mr. PEPPER: violation of such regulations; and for other science be a requirement for hospital eligi­ H.R. 7606. A bill to amend the Merchant purposes; to the Committee on Interstate bility for Federal financial assistance and for Marine Acto! 1936, as amended; to the Com­ and Foreign Commerce. other purposes; to the Committee on Inter­ mittee on Merchant Marine and Fisheries. state and Foreign Commerce. By Mr. RUNNELS: By Mr. MILLER: H.R. 7607. A bill to establish the El Mal­ PRIVATE BILLS AND RESOLUTIONS H.R. 7602. A bill to encourage earlier re­ pais-Grants National Monument in the State tirement by permitting Federal employees to of New Mexico, and !or other purposes; to Under clause 1 of rule XXII, purchase into the civil service retirement the Committee on Interior and Insular Mr. ST GERMAIN introduced a blll (H.R. system benefits unduplicated in any other Affairs. 7611) for the relief of John Craig Spence; retirement system based on employment in By Mr. YOUNG of Alaska: to the Committee on the Judiciary. Federal programs operated by state and local H.R. 7608. A bill to create a program to governments under Federal funding and su­ facilitate the construction of community pervision; to the Committee on Post Office marine ways, and for other purposes; and Civil Service. to the Committee on Merchant Marine and PETITIONS, ETC. By Mr. MILLS of Arkansas: Fisheries. H.R. 7603. A bill to establish a Joint Com­ By Mr. ZWACH: Under clause 1 of rule xxn, mittee on Foreign Trade; to the Committee H.R. 7609. A bill to make permanent the 210. The SPEAKER presented a petition of on Rules. dairy indemnity program, the armed services Richard D. Shaver, Pinetop, Ariz., and others, By Mr. MORGAN: and veterans hospitals dairy programs, and relative to protection for law enforcement H .R. 7604. A bill to establish a national the suspension of the butterfat support pro­ officers against nuisance suits; to the Com­ program o! Federal insurance against cata- gram; to the Committee on Agriculture. mittee on the Judiciary.

SE,NATE--Tuesday, May 8, 1973 The Senate met at 10 a.m. and was North Dakota, to perform the duties of the for the carrying out of activities of war called to order by Hon. QUENTIN N. BUR­ Chair during my absence. implies approval of the policy inherent DICK, a Senator from the State of North JAMES 0. EASTLAND, therein. In other words, approval of the Dakota. President pro tempore. Pentagon request to transfer funds which Mr. BURDICK thereupon took the are allegedly being held in escrow at chair as Acting President pro tempore. the present time would indicate approval PRAYER of the bombing policy now underway in The Chaplain, the Reverend Edward Cambodia. L. R. Elson, D.D., offered the following THE JOURNAL Furthermore, we have been informed prayer: Mr. MANSFIELD. Mr. President, I ask that the continuation of this policy would 0 God and Father of all mankind, unanimous consent that the reading of be of an indefinite nature. What the ap­ come upon this Nation with Thy for­ the Journal of the proceedings of Mon­ proval of this policy implies, in my opin­ giving and renewing power. Grant heal­ day, May 7, 1973, be dispensed with. ion, is, in effect, a back door Tonkin Gulf ing to our troubled spirits. Send some The ACTING PRESIDENT pro tem­ resolution. I, for one, will not vote for the anodyne to our aching hearts lest we pore. Without objection, it is so ordered. transfer of funds contained in the sup­ stumble into baser follies and more plemental appropriations bill and I heinous transgressions. Bring us with would hope that the Congress would penitent and contrite hearts under the COMMITTEE MEETINGS DURING uphold its constitutional authority and shelter of Thy grace that we fail Thee SENATE SESSION not bow to the type of procedure which not. Mr. MANSFIELD. Mr. President, I ask confronts us in the Appropriations 0 Lord, grant to the President and all unanimous consent that all committees Committee at the present time, which in authority over us, the wisdom and may be authorized to meet during the will confront the House of Representa­ courage to do only what is right and session of the Senate today. tives on Thursday of this week and good. And to all the people grant a com­ The ACTING PRESIDENT pro tem­ which, if approved in the Senate Appro­ plete loyalty to Thy law and a full meas­ pore. Without objection, it is so ordered. priations Committee, will be before the ure of love and compassion that Thy Senate shortly thereafter. kingdom may go forward and Thy will What we are doing in Cambodia is be done on earth. CAMBODIA wrong because it only intensifies the In His name, who is Lord of Life, we Mr. MANSFIELD. Mr. President, the tragedy of Indochina. What we are doing pray. Amen. bombing activity now underway in Cam­ in Cambodia is illegal because it is not bodia is being undertaken without the sanctioned in the law or the Constitution. consent or the advice of the Congress. What we are doing in Cambodia cannot The administration is now asking for the be legitimatized because it is a continua­ APPOINTMENT OF ACTING tion of a war which was supposedly PRESIDENT PRO TEMPORE transfer of funds to continue the bomb­ ing to the end of the present fiscal year ended. What we are doing in Cambodia The PRESIDING OFFICER. The clerk and is doing so despite the fact that there would not "undermine the essential will please read a communication to the is no legal, constitutional or other justi­ agreement of the January agreement in Senate from the President pro tempore fication for such action. Paris" because the "central achievement" (Mr. EASTLAND). Furthermore, we have been told that was to get all Americans out of Vietnam The assistant .legislative clerk read the even if the Congress voted against the and all our POW's released. This has following letter: request of the Pentagon to transfer been accomplished. U.S. SENATE, money for continued bombing in Cam­ What we are doing is creating more PRESIDENT PRO TEMPORE, refugees, killing more people, and if we Washington, D.C., May 8, 1973. bodia that, notwithstanding such an ac­ To th.e Senate: tion, the U.S. bombing of Cambodia follow the Pentagon's line of reasoning Being temporarily absent from the Senate would continue. -we are, in effect, "destroying Cambodia to on official duties, I appoint Hon. QUENTIN I would point out that recent court de­ save it." Even now, the press is blocked N. BURDICK, a. Senator from the State o! cisions have stated the approval of funds out by the American Embassy in Phnom