1856 CONGRESSIONAL RECORD- HOUSE January 20, 1977

gation. He had not been given ''use immu­ jump, summer '76 marked the cnmax of a As a crowning blow, the FBI had Shinnick nity," a. prosecutorial device that effectively grand jury inquisition. subpoenaed before a federal grand Jury. He removes the Fifth Am.endment rights against As this Report goes to press, Shinnick and refused to testify, and the FBI backed off­ self-incrimination of the person granted such a 22-year-old friend, sportswriter J.a.y Weiner, momentarily. immunity. a.re headed for jail. Officia.liy, Shinnick and But a year later, in May, 1976, the Bureau But Mr. Shinnick 's refusal, not to answer Weiner are going to jail because in August renewed the subpoena. pressure. Weiner, who grand jury questions but to give the F.B.I. they refused to supply to a Scran­ hadn't been able to find a journalism job be­ materials it otherwise could not legally have ton, Pa. federal grand jury that is supposed cause of the adverse publicity, was called obtained, has resulted in his imprisonment to be investigating the harboring of one-time before a Scranton grand jury which had six for civil contempt. His incarceration, which fugitive Pa.tty Hearst. more months to run than the Harrisburg began Nov. 30, could last for the life of the Actually, Shinnick and Weiner are going panel that had been investigating the Hearst grand jury-until next July-and could be to jail because silence and non-cooperation case. The switch to Scranton added six resumed if the same drama is played out be­ are their only ways of saying "no" to the months to the contempt confinement hang­ fore a successor grand jury. Meanwhile Rut­ FBI harassment which has, for the past 18 ing over Weiner's head if he refused to testify. gers has announced that it "will stop pay­ months, left their lives and careers in a Shinnick, informed he was a target of the ment of his salary for as long as he remains shambles. The FBI suspects that Shinnick investigation, was ordered to provide the unable to meet his classes." and Weiner were involved in the Pennsyl­ same grand jury with his fingerprints as well What is this Kafkaesque nightmare all vania farmhouse where Pa.tty Hearst took as samples of his handwriting and hair. about, and how could it happen in a coun­ refuge in 1974. Instead of indicting the two The two immediately challenged the sub­ try where, supposedly, grand juries are pro­ for their alleged role, however, and giving poenas. Shinnick was an Air Force veteran, vided to protect citizens from the arbitrary them a chance to defend theinselves, the and the government already had his finger­ use of government power? government has, in effect, already decided to prints and handwriting on record. Since hair Apparently, the F.B.I. suspects Mr. Shin­ punish them-with the grand jury. samples are notoriously poor indices of per­ nick of having been involved in, or at least The FBI first broke into Jay Weiner's life sonal identification, Shinnick's subpoena of knowing something about, the alleged har­ in February, 1975. Weiner was staying at his struck observers as retaliation for his earlier boring of Patricia. Hearst in a Pennsylvania pa.rents' Philadelphia home when agents ap­ silence. farmhouse in 1974. The Government told his proached and began questioning him a.bout In Weiner's case, the government looked attorney that the Air Force fingerprints and Patty Hearst. Weiner, who felt the FBI was as if it was out to dress rehearse testimony handwriting samples would not be "good trying to set his friends up for an indict­ from Weiner for use in the prosecution of his enough" to use in a trial-which makes it ment, exercised his legal right not to answer. friends, Jack and Micki Scott. The Scotts, clear that the grand jury was being used to "We have other ways of getting it out of well-known sports activists, have not yet force Mr. Shinnick to provide evidence that you," one of the agents then threatened, and been indicted for their widely alleged role might be used against him in court. the first "other way" ca.me two weeks earlier. in harboring fugitive Patty Hearst, even Mr. Shinnick, who ls more radical politi­ FBI agents forced Weiner's car off the road, though the government, judging from its cally than the F.B.I. thinks proper, in turn threatened him with their guns and closeted leaks to the press, has had enough evidence suspects that the F.B.I. wants the hair clip­ him in a nearby office the rest of the evening to indict them for months. But grand juries pings and other exemplars in order to con­ for interrogation, all the while ignoring are not permitted to investigate cases where coct a frameup linking him criminally to Weiner's repeated requests to see a lawyer. an indictment has already been handed Patty Hearst or those who protected her. Two days later a thoroughly intimidated down-the government, if they were, could He contends also that the subpoena sum­ Weiner was hauled before a Harrisburg, Pa. use the grand jury subpoena power to dis4 moning him to the grand jury was based federal grand jury where he answered ques­ cover a defense's trial strategy-and the gov­ on a wiretap put on his telephone and an­ tions. ernment's delay in indicting the Scotts seems other on his attorney's telephone. Meanwhile, Shinnick got his first FBI visit clearly a move to sidestep this prohibition. However that may be, the Shinnick case March 4, the day after he had had a phone The supervisory court, however, refused to is one more in a lengthening pattern of bla­ conversation with Weiner. Shinnick also re­ quash the subpoenas in September. It ignored tant government use of grand juries for in­ fused to talk, but the FBI agents came back the evidence of FBI misconduct and quisitorial rather than accusatory purposes. again-and again-to try to get him to manipulation of the grand jury process-as The late Senator Philip Hart once said that change his mind. have most courts in similar circumstances grand juries now were being commonly used "I was not merely visited," he remembers, "to conduct political surveillances and build over recent years-and, by doing so, helped to "I was stalked." encourage further abusive FBI behavior. dossiers in the guise of investigating spe­ The stalking wasn't enough to break Shin­ cific offenses" and it seems clear that that nick's silence, so the Bureau started leaking That's because FBI agents lack subpoena is about what the Government tried to do Shinnick's name to reporters covering the power of their own, In theory, at least, they in the Shinnick case. Hearst affair. That generated newspaper re­ must rely on persuasion to gain a witness' Attorney General Levi nevertheless strongly ports a.round the country linking Shinnick to cooperation. In reality, however, FBI agents resisted reform legislation debated in Con­ Patty Hearst. The newspaper articles, cou­ do control subpoena. authority-the grand gress last session. That legislation will be pled with FBI visits to the Rutgers Univer­ jury's. As long as courts permit the FBI to sity campus where Shinnick taught, cost the introduced again next year and the Shinnick exercise this authority, agents can be as former Olympian his job as Rutgers' director heavy-handed as they choose with witnesses. case may give it new urgency-but hardly of sport studies. enough to get him out of prison before July. The FBI wasn't through. Shinnick learned Should a witness object to "third-degree" that his friends had been contacted by FBI treatment by refusing to answer questions, OLYMPIC SPmIT, FBI-STYLE-Two FACE JAIL agents and told he was involved in the Hearst FBI agents need merely have the witness subpoenaed before a grand jury where he or FOR RESISTING HARASSMENT case. Other friends said that letters Shin­ nick had mailed to them arrived apparently she must testify or go to jail. For star athletes the world over, summer already opened. On numerous occasions, And so long as the FBI retains this access '76 meant the glory of the Olympics. But clicks and other tell-tale signs of wire-tap­ to the grand jury's subpoena power, there for Phil Shinick, a 1964 U.S. Olympian and ping disrupted Shinnick's phone conversa­ won't be much meaningful reform of the one-time world record holder in the long tions. grand jury--or the Bureau.

HOUSE OF REPRESENTATIVES-Thursday, January 20, 1977 The House met at 10: 25 a.m. called may be one people under Thee, united "Members whom the lust of office does to order by the Speaker pro tempore, Mr. in liberty and with justice for all. MAHON. not kill; Bless our President with Thy most ''Whom the spoils of office cannot buy; gracious favor. Give him courage and "Members who possess opinions and a PRAYER confidence, health of body and mind, will; The Chaplain, Rev. Edward G. Latch, wisdom to make sound decisions and a D.D., offered the following prayer: vital faith in Thee which will enable him "Who have honor, who will not lie; Blessed is the nation whose God is the to lead our Nation in the ways of right­ "Tall Members, sun-crowned, who live Lord.-P.sal.ms 33: 12. eousness, peace, and good will. above the fog "In public duty and in private thinking." O God and Father of us all, on this Bless the Members of Congress. day of days when we witness the inau­ "A time like this demands strong minds, In this spirit we face the new year with guration of our new President, we pray great hearts, true faith, and ready c.ourage and faith and hope. Amen and that in deed and in truth our Nation hands; amen. January 20, 1977 CONGRESSIONAL RECORD- HOUSE 1857 THE JOURNAL updated national direction to the conditions other purposes; to the Committee on Educa­ under which the Federal Government will tion and Labor. The SPEAKER pro tempore. The Chair provide financial assistance to agricultural 461. A letter from the Director of ACTION, has examined the Journal of the last producers for needed soil, water, woodland, transmitting a. draft of proposed legislation day's proceedings and announces to the and wildlife conservation on agricultural to amend the Domestic Volunteer Service House his approval thereof. lands; to the Committee on Agriculture. Act of 1973; to the Committee on Education Without objection, the Journal stands 449. A letter from the Assistant Secretary and Labor. approved. of Agriculture, transmitting the ninth an­ 462. A letter from the U.S. Commissioner nua! report on operations under the Food of Education, Department of Health, Educa­ There was no objection. Stamp Act of 1964, pursuant to section tion, and Welfare, transmitting the catalog 16(a.) of the act (82 Stat. 958); to the Com­ of Federal education assistance programs for mittee on Agriculture. 1976, pursuant to section 423 of the General ANNOUNCEMENT 450. A letter from the Director, Defense Education Provisions Act; to the Committee The SPEAKER pro tempore. The Chair Security Assistance Agency, transmitting a on Education and Labor. desires to announce that Members must report on the impact on U.S. readiness of the 463. A letter from the Director, Office of display their official tickets in order to proposed sale by the Department of the Regulatory Review, Department of Health, Army of certain defense stocks to Thailand Education, and Welfare, transmitting a copy have a seat on the platform. There are (transmittal No. 77-7), pursuant to section of the proposed interpretation regarding de­ no extra seats available, so former Mem­ 813.of Public Law 94-106; to the Commit­ segregation plans under section 706(a) (1) (A) bers cannot join the procession. tee on Armed Services. of the Emergency School Aid Act, pursuant The same holds true for children. They 451. A letter from the Administrator of to section 431 (d) (1) of the General Educa­ can neither go with the procession nor General Services, transmitting tl:ie statisti­ tion Provisions Act, as amended; to the Com• be seated on the platform. cal supplement to the stockpile report for mittee on Education and Labor. the transition quarter, pursuant to section 4 464. A letter from the Acting Director, The area where Members of the House Office of Regulatory Review, Department of are to be seated is not covered. Members cf the Strategic and Critical Materials Stock Piling Act [50 U.S.C. 98c); to the Committee Health, Education, and Welfare, transmitting should keep this fact in mind in decid­ on Armed Services. a copy of 2 proposed final Emergency School ing whether to wear overcoats and hats. 452. A letter from the Acting Secretary of Aid criteria and procedures, pursuant to sec­ The procession will be headed by the the Treasury, transmitting a draft of pro­ tion 43l(d) (1) of the General Education Sergeant at Arms bearing the mace. He posed legislation to amend section 14(b) of Provisions Act, as amended; to the Commit­ will be followed by the Speaker pro tem­ the Federal Reserve Act, as amended, to ex­ tee on Education and Labor. pore, then the chairmen of committees, tend for 5 years the authority of Federal Re­ 465. A letter from the Secretary of the serve Banks to purchase U.S. obligations di­ Treasury, transmitting a quarterly report on and other Members in order of seniority. antirecession fiscal assistance to State and The Chair would encourage Members, rectly from the Treasury; to the Committee on Banking, Finance and Urban Affairs. local governments, pursuant to section 213 as they gather in order of seniority, to 453. A letter from the Acting Secretary of of Public Law 94-369; to the Committee on congregate by "'classes" in the well. the Treasury, transmitting a draft of pro­ Government Operations. Pursuant to House Resolution 113, the posed legislation to repeal the requirements 466. A letter from the Assistant Secretary Members of the House will now proceed that the amount of U.S. notes outstanding of Defense (Comptroller), transmitting a re­ to the east front to attend the inaugural at any time remain fixed; to the Committee port on the Department's disposal of foreign on Banking, Finance and Urban Affairs. excess property during the transition quar­ ceremonies for the President and Vice ter, pursuant to section 404(d) of the Fed­ President of the . 454. A letter from the Acting Secretary of the Treasury, transmitting a draft of pro­ eral Property and Administrative Services Act Thereupon, at 10 o'clock and 30 min­ of 1949, as amended; to the Committee on posed legislation authorize further ad­ utes a.m., the Members of the House, to Government Operations. preceded by the Sergeant at Arms and justments in the amount of silver certificates 467. A letter from the Director, Office of outstanding, and for other purposes; to the Management and Budget, Executive Office of the Speaker pro tempore, proceeded to Committee on Banking, Fina.nee and Urban the east front of the Capitol. the President, transmitting a draft of pro­ Affairs. posed legislation to repeal provisions of l&w 455. A letter from the Secretary of Housing requiring the exclusion of certain Federal and Urban Development, transmitting a Government entitles from the budget totals; ADJOURNMENT draft of proposed legislation to extend cer­ to the Committee on Government Opera­ tain FHA mortgage insurance programs, and tions. At the conclusion of the inaugural for other purposes; to the Committee on ceremonies (at 12 o'clock and 28 minutes 468. A letter from the Comptroller General Banking, Finance and Urban Affairs. of the United States, transmitting a report p.m.) the House, without returning to its 456. A letter from the Secretary of Labor, on the financial status of major acquisitions Chamber, pursuant to House Resolution transmitting the annual report on fair labor of the U.S. Government; to the Committee 113, stood in adjournment until Monday, standards in employment in and affecting on Gove:rnment Operations. January 24, 1977, at 12 o'clock noon. interstate commerce, pursuant to section 469. A letter from the Director, Defense 4(d) (1) of the Fair Labor Standards Act Security Assistance Agency, transmitting no­ of 1938, as amended [29 U.S.C. 204); to the tice of the intention of the Department of Committee on Education and Labor. EXECUTIVE COMMUNICATIONS, the Army to offer to sell certain defense arti­ 457. A letter from the Secretary of Labor, cles to Thailand (transmittal No. 77-7), pur­ ETC. transmitting the annual report on the ad­ suant to section 36(b) of the Arms Export Under clause 2 of rule XXIV, execu­ ministration of the Age Discrimination in Control Act; to the Committee on Inter­ tive communications were taken from Employment Act of 1967, pursuant to sec­ national Relations. tion 13 of the act [29 U.S.C. 632); to the 470. A letter from the Director, Defense Se­ the Speaker's table and referred as Committee on Education and Labor. curity Assistance Agency, transmitting notice follows: 458. A letter from the Secretary of Labor, of the intention of the Department of the 446. A letter from the President of the transmitting a draft of proposed legislation Army to offer to sell certain defense articles United States, transmitting a. draft of a pro­ to extend the authorization of appropriations to Greece (transmittal No. 77-8), pursuant posed joint resolution to authorize the Presi­ for the Comprehensive Employment and to section 36 (b) of the Arms Export Control dent to implement an agreement with the Training Act of 1973 (29 U.S.C. 801 et seq.) Act; to the Committee on International Government of the Republic of Turkey (Public Law 93-203) and for other purposes; Relations. relative to defense cooperation pursuant to to the Committee on Education and Labor. 471. A letter from the Director, Defense Se­ article III of the North Atlantic Treaty in 459. A letter from the Secretary of Health, curity Assistance Agency, transmitting notice order to resist armed attack in the North Education, and Welfare, 'l.ransmitting a of the intention of the Department of the Atlantic Treaty area (H. Doc. No. 95-57); to draft of proposed legislation to amend the Army to offer to sell certain defense articles the Committee on International Relations program of financial assistance to local edu­ to Spain (transmittal No. 77-9), pursuant to and ordered to be printed. cational agencies in areas affected by Fed­ section 36(b) of the Arms Export Control 447. A lettel' from the Secretary of Agri­ eral activity to eliminate entitlements based Act; to the Committee on International culture, :transmitting a draft of proposed on children whose parents either reside or Relations. legislation to amend the Agriculture Ad­ work on Federal property, and for other 472. A letter from the Director, Defense se­ justment Act of 1938, as amended, to change purposes; to the Committee on Education curity Assistance Agency, transmitting notice the basis for determining marketing quotas and Labor. of the intention of the Department of the and acreage allotments for peanuts; to the 460. A letter from the Director, Office of Air Force to offer to sell certain defense arti­ Committee on Agriculture. Management and Budget, Executive Office of cles to Greece (transmittal No. 77-10), pur­ 448. A letter from the Secretary of Agri­ the President, transmitting a draft of pro­ suant to section 36(b) of the Arms Export culture, transmitting a draft of proposed posed legislation to require the use of the Control Act; to the Committee on Interna­ legislation to amend the Soil Conservation Consumer Price Index for a.11 urban con­ tional Rela. tions. and Domestic Allotment Act to provide an sumers in certain Federal programs, and for 473. A letter from the Director, Defense Se- 1858 CONGRESSIONAL RECORD- HOUSE January 20, 1977 curity Assistance Agency, transmitting notice Office of Management and Budget, Execu­ exclusion of such coverage from insurance of the intention of the Department of the tive Office of the President, transmitting a policies or written under these Air Force to offer to sell certain defense arti­ draft of proposed legislation to amend the act situations; and for other purposes; to the cles to the Netherlands (transmittal No. 77- of August 25, 1958, as amended (the Former Committee on Veterans' Affairs. 11), pursuant to section 36(b) of the Arms Presidents Act of 1958, 3 U.S.C. Sec. 102, 494. A letter from the Acting Administra­ Export Control Act; to the Committee on In­ note), by amending provisions relating to tor of Veterans' Affairs, transmitting a draft ternational Relations. former Presidents' staffs; to the Committee of proposed legislation to terminate the edu­ 474. A letter from the Director, Defense se­ on Post Office and Civil Service. cation loan program, and for other purposes; curity Assistance Agency, transmitting notice 485. A letter from the Chairman, U.S. Civil to the Committee on Veterans' Affairs. of the intention of the Department of the Service Commission, transmitting a draft of 495. A letter from the Acting Administrator Army to offer to sell certain defense articles proposed legislation to amend title 5, United of Veterans' Affairs, transmitting a draft of and services to Sweden (transmittal No. 77- States Code, to provide for an increase in the proposed legislation to a.mend title 38 of the 12), pursuant to section 36(b) of the Arms number of positions which the Civil Service United States Code in order to revise and Export Control Act; to the Committee on In­ Commission may establish and place at improve the program of making grants to the ternational Relations. GS-16; to the Committee on Post Office and States for the construction, remodeling, or 475. A letter from the Director, Defense Se­ Civil Service. renovation of State home facilities for fur­ curity Assistance Agency, transmitting notice 486. A letter from the Chairman, U.S. nishing hospital, domiclllary, and nursing of the intention of the Department of the Civil Service Commission, transmitting a home care for eligible veterans, and for other Navy to offer to sell certain defense articles draft of proposed legislation to amend sub­ purposes; to the Committee on Veterans' and services to Spain (transmittal No. 77- chapter IV of chapter 53 of title 5, United Affairs. 13), pursuant to section 36(b) of the Arms States Code, to improve the operation of the 496. A letter from the Acting Secretary of Export Control Act; to the Committee on In­ Federal wage system and for other purposes; the Treasury, transmitting a draft of pro­ ternational Relations. to the Committee on Post Office and Civil posed legislation to authorize the Treasury 476. A letter from the Director, Defense Service. to invest for cash management purposes; to Security Assistance Agency, transmitting no­ 487. A letter from the Chairman, U.S. Civil the Committee on Ways and Means. tice of the intention of the Department of Service Commission, transmitting a draft of 497. A letter from the Secretary of Defense, the Air Force to offer to sell certain defense proposed legislation to repeal section 3306 of transmitting a report on the proposed De­ articles to Korea (transmittal No. 77-16), title 5, United States Code, to eliminate the fense budget for fiscal year 1978; jointly, to pursuant to section 36{b) of the Arms Ex­ requirement of apportionment for appoint­ the Committees on Armed Services, and Ap­ port Control Act; to the Committee on In­ ments in the departmental service in the Dis­ propriations. ternational Relations. trict of Columbia; to the Committee on Post 498. A letter from the Secretary of Trans­ 477. A letter from the Secretary of Health, Office and Civil Service. portation, transmitting a draft of proposed Education, and Welfare, transmitting a draft 488. A letter from the Secretary of Trans­ legislation to amend section 25 of the Deep­ of proposed legislation to consolidate Fed­ portation, transmitting a draft of proposed water Port Act of 1974 by providing a perma­ eral financial assistance to the 50 States, the legislation to amend section 311(k) of the nent authorization of appropriations; jointly, District of Columbia, and the territories for Federal Water Pollution Control Act to in­ to the Committees on Public Works and programs in the field of health, to focus those Transportation, and Merchant Marine and programs on individuals most in need of crease the authorization of appropriations for the revolving fund established to finance Fisheries. them, and to eliminate unnecessary restric­ 499. A letter from the Secretary of Trans­ tions on the exercise of State responsibility the removal of oil and hazardous substances discharged into navigable waters, adjoining portation, transmitting a draft of proposed for program administration; to the Com­ legislation to provide a comprehensive sys­ shorelines, and the contiguous zone; to the mittee on Interstate and Foreign Commerce. tem of liability and compensation for oil­ 478. A letter from the Director, Office of Committee on Public Works and Transporta­ spill damage and removal costs, and for other Management and Budget, Executive Office tion. purposes; Jointly, to the Committees on Pub­ of the President, transmitting a draft of pro­ 489. A letter from the Administrator, Na­ lic Works and Transportation, and Merchant posed legislation to amend the Railroad Re­ tional Aeronautics and Space Administration, Marine and Fisheries. tirement Act of 1974 to provide that the transmitting a draft of proposed legislation 500. A letter from the Director, Office of amount authorized to be appropriated to the to authorize appropriations to the National Management and Budget, Executive Office of Railroad Retirement Account each fiscal year Aeronautics and Space Administration for the President, transmitting a draft of pro­ to pay the costs of windfall dual benefits research and development, construction of posed legislation to provide greater efficiency shall not exceed $250 mlllion; to the Com­ facilities, and research and program man­ and equity in the operation and administra­ mittee on Interstate and Foreign Commerce. agement, and for other purposes; to the Com­ tion of Federal and federally aided income 479. A letter from the Chairman, Securities mittee on Science and Technology. assistance programs; jointly, to the Commit­ and Exchange Commission, transmi ttlng a 490. A letter from the Acting Administra­ tees on Ways and Means, Education and La­ draft of proposed legislation to amend the tor of Veterans' Affairs, transmitting a draft bor, Agriculture, and Banking, Fina.nee and Securities Exchange Act of 1934 to increase of proposed legislation to amend chapter 23 Urban Affairs. the amount authorized to be appropriated of title 38, United States Code, to eliminate for the Securities and Exchange Commis­ certain duplications in Federal burial bene­ sion for fiscal 1977; to the Committee on fits now payable for the same, or similar, pur­ PUBLIC BilLS AND RF.SOLUTIONS Interstate and Foreign Commerce. poses; to the Committee on Veterans' Affairs. 480. A letter from the Under Secretary of 491. A letter !rom the Acting Administra­ Under clause 5 of rule X and clause 4 Commerce, transmitting a draft of proposed tor of Veterans' Affairs, transmitting a draft of rule XXII, public bills and resolutions legislation to amend the Marine Mammal of proposed legislation to amend title 38, were introduced and severally referred Protection Act of 1972 in connection with United States Code, to authorize a program as follows: the incidental taking of marine mammals of assistance to States for the establishment, By Mr. ANNUNZIO {for himself, Mr. with commercial fishing; to the Committee expansion, improvement, and maintenance BURKE of Massachusetts, Mr. CARTER, on Merchant Marine and Fisheries. of veterans cemeteries; to the Committee on Mr. CONTE, Mr. DUNCAN of Tennes­ 481. A letter from the Secretary of Trans­ Veterans' Affairs. · see, Mr. FARY, Mr. GRASSLEY, Mr. portation, transmitting three drafts of pro­ 492. A letter from the Acting Administrator HYDE, Mr. LAFALCE, Mr. McFALL, Mr. posed legislation, "To revise and improve the of Veterans' Affairs, transmitting a draft of MITCHELL of , Mr. MOFFETT, laws relating to the documentation of ves­ proposed legislation to amend title 38, United Mr. MOLLOHAN, Mr. MURPHY of Illi­ sels, and for other purposes," "To revise and States Code, to limit the circumstances under nois, Mr. NIX, Mr. NOWAK, Mr. OBER­ improve the laws relating to the documenta­ which the expenses of travel of certain vet­ STAR, Mr. RINALDO, Mr. SLACK, Mr. tion of seamen," and "To simplify the ton­ erans traveling to or from a Veterans' Admin­ STANTON, and Mr. TRAXLER): nage measurement of certain vessels"; to the istration facility in conection with tb,e fur­ H.R. 2267. A bill to increase for a 5-year Committee on Mercharl.t Marine and Fisher­ nishing of medical care and treatment for a period the duty on certain hand tools, and ies. nonservice-connected condition will be reim­ for other purposes; to the Committee on 482. A letter from the Secretary of Trans­ bursed; to the Committee on Veterans' Af­ Ways and Means. portation, transmitting a draft of proposed fairs. By Mr. HANLEY: legislation to implement article VI of the 493. A letter from the Acting Administra­ H.R. 2268. A blll to amend title 39, United Convention on the International Regulations tor of Veterans' Affairs, transmitting a draft States Code, to provide that certain property for Preventing Collisions at Sea, 1972; to the of proposed legislation to amend title 38 of held by the U.S. Postal Service shall be sub­ Committee on Merchant Marine and Fisheries. the United States Code to require that cer­ ject to certain provisions of the Federal 483. A letter from the Assistant Secretary tain veterans receiving hospital or outpatient Property and Administrative Services Act of of Agriculture for Administration, trans­ medical care from the Veterans' Administra- 1949 relating to surplus and excess property; mitting a report on scientific and profes­ . tion for nonservice-connected disabilities be to the Cammi ttee on Post Office and Ci vll Service. sional positions established in the Depart­ charged for such care to the extent that they H .R. 2269. A bill to permit officers and ment during 1976, pursuant to 5 U.S.C. 3104 have health insurance or similar contracts employees of the Federal Government to ( c) ; to the Committee on Post Office and with respect to such care, or, are entitled to elect coverage under the old-age, survivors, Civil Service. such care under worker's compensation and disability insurance system; to the Com­ 484. A letter from the Acting Director, statutes of any State; to prohibit the future mittee on Ways and Means. January 20, 19 77 CONGRESSIONAL RECORD- SENATE 1859

By Mr. CORMAN (!or himself, Mr. AN­ Armed Forces. law enforcement officials, and, 13 or .15 _of title- 88, United States COde, or DERSON o! California, Mr. BLOUIN, as authorized by the Secretary of the Treas­ the Railroad Retirement Act of 1937 Will be Mr. DR:INAN, Mr. DUNCAN o! Tennes­ ury; licensed importers. manufacturers, deal­ considered as a. finding of disability under see, Mr. F'LOR:IO, Mr. HAM:ILTON, Mr. ers, and pistol clubs; to the Committee on any of such programs, and for other pur­ HANNAFORD, Mr. HARR:INGTON, Mr. the Judiciary. poses; jointly, to the Committee on Ways HOWARD, Mr. HUGHES, Mr. LEGGETl', H.R. 2279. A bill to incorporate Recovery, and Means, Veterans' Affairs, and Interstate Mr. LENT, Mrs. MEYNER, Mr. MINETA, Inc.; to the Committee on the Judiciary. and Foreign Commerce. ?,41'. MOFFETT, Mr. RoD:INO, Mr. Ros­ H.R. 2280. A bill to prohibit commercial By Mrs. HOLT (for herself, Mr. DICK­ ENTHAL, Mr. RoYBAL, Mr. ST 0ER­ fiights by supersonic aircraft into or over the :INSON, Mr. MARTIN, Mr. RoUSSELOT, MA:IN, and Mr. SCHEUER) : United States until certain findings are made Mr. BAUMAN, Mr. BYRON, Mr. BUR­ H.R. 2270. A bill to amend XVIII of the by the Administrator of the Environmental GENER, Mr. 5:rKON, Mr. DEVINE, Mr. Social Security Act to provide for the cov­ Protection Agency and by the Secretary of WAMPLER, Mr. CLEVELAND, Mr. VAN­ erage of certain psychologists' services utl­ Transportation, and for other purposes; to DER JAGT, Mr. RUDD, Mr. JOHN T. der the supplementary medical insurance the Committee on Public Works and Trans­ MYERS): benefits program established by part B of portation. H.J. Res. 188. Joint resolution to amend such title; jointly, to the Committees on H.R. 2281. A bill to amend chapter 1 of 26 the Constitution of the United States to re­ Ways and Means, and Interstate and Foreign U.S.C. to allow a deduction to tenants of quire a balanced Federal budget; to the Commerce. houses or apartments for their proportionate Committee on the Judiciary. By Mr. CORMAN (for himself, Mr. share of the taxes and interest paid by their By Mr. VANDER JAGT: JOHN L. BURTON, and Mr. SISK): landlords; to the Committee on Ways and H.J. Res. 189. Joint resolution proposing H.R. 2271. A bill to amend XVIIl of the Means. an amendment to the Constitution of the · Social Security Act to provide for the cover­ H.R. 2282. A bill to extend to all unmarried United States; to the Committee on the age of certain psychologists' services under individuals the full tax benefits of income Judiciary. the supplementary medical insurance bene­ splitting now enjoyed by married individuals H.J. Res. 190. Joint resolution proposing fits program established by pa.rt B of such filing joint returns; to the Committee on an amendment to the Constitution of the title; jointly, to the Committees on Ways and Ways and Means. United States providing for the election of Means, a.nd Interstate and Foreign Com­ H.R. 2283. A bill to amend title 42, United the President and Vice President; to the Com­ merce. States Code, chapter 7, subchapter II to in­ mittee on the Judiciary. By Mrs. HOLT: crease to $7,500 the amount of outside earn­ By Mr. YATES: H.R. 2272. A blll to amend chapter 44 of ings which (subject to further increases H.J. Res. 191. Joint resolution prescribing title 18 of the United States Code (respecting under the automatic adjustment provisions) model regulations governing implementation firearms) to penalize the use of firearms in is permitted each year without any deduc­ of the provisions of the Social Security Act the commission of any felony and to increase tions from benefits thereunder; to the Com­ relating to the admln.istra tion of social serv­ the penalties in certain related existing pro­ mittee on Ways and Means. ice programs; to the Committee on Ways and visions; to the Committee on the Judiciary. H.R. 2284. A bill to encourage increased Means. H.R. 2273. A bill to a.mend title 38, United use of public transit systems by amending By Mr. DELANEY: States Code, to authorize a. program of assist­ chapter 1 of title 26, United States Code, to H. Res. 151. A resolution to designate ance to States for the establishment, ex­ allow a. credit against individual income January 22 as Ukrainian Independence Day; pansion, improvement, and maintenance of taxes for funds expended by a taxpayer for to the Committee on Post Office and Civil payment of public transit fares from his or veterans cemeteries, and t9 provide for trans­ Service. her residence to his or her place of employ­ portation of bodies to national cemetery; a. ment and from his or her place of employ­ to the Committee on Veterans' Affairs. ment to his or her residence; to the Com­ PRIVATE Bn.L.S AND RESOLUTIONS By Mr. YATES: mittee on Ways and Means. H.R. 2274. A b111 to establish in the De­ H.R. 2285. A bill to amend title 42, United Under clause 1 of rule XXII, private partment of Housing and Urban Develop­ States Code, to include qualified drugs, re­ bills and resolutions were introduced and ment a direct low-interest loan program to quiring a physician's prescription or certifi­ severally referred as follows: assist homeowners and builders in purchas­ cation and approved by a formulary commit­ By Mr. JOHN L. BURTON: ing and installing solar heating (or combined tee, among the items and services covered H.R. 2289. A bill for the relief of Teresa solar heating and cooling) equipment; to under the hospital insurance program; to the Rodriguez De La Torre; to the Committee on the Committee on Banking, Fina.nee and Ur­ Committee on Ways and Means. the Judiciary. ban Affairs. H.R. 2286. A bill to amend title 42, United H.R. 2290. A bill for the relief of Ma Ho H.R. 2275. A bill to establish a. national States Code. chapter 7, subchapter II to re­ Lui; to the Committee on the Judiciary. adoption information exchange system; to duce from 20 to 5 years the length of time a H.R. 2291. A bill for the relief of Carmen the Committee on Education and Labor. divorced woman's marriage to an insured in­ Cecma Blanquicett; to the Committee on the H.R. 2276. A bill to designate the Indiana dividual must have lasted in order for her to Judiciary. Dunes National Lakeshore as the "Paul H. qualify for wife's or widow's benefits on his By Mr. TRIBLE: Douglas National Lakeshore"; to the Com­ wage record; to the Committee on Ways and H.R. 2292. A bill for the relief of Boulos mittee on Interior and Insular Affairs. Means. Stephan; to the Committee on the Judiciary. H.R. 2277. A bill to amend subchapter H.R. 2287. A bill to establish a policy for By Mr. YATES: XVIII, chapter 7, 42 U.S.C. to provide for the the management of oil and natural gas in H.R. 2293. A bill for the relief of Phyllis T. administrative and judicial review of claims the outer Continental Shelf; to protect the Pontrelli; to the Committee on the Judiciary. (involving the amount of benefits payable) marine and coastal environment; to amend which arise under the supplementary med­ the Outer Continental Shelf Lands Act; and ical insurance program; to the Committee for other purposes; jointly, to the Commit­ PETITIONS, ETC. on Interstate and Foreign Commerce. tees on Interior and Insular Affairs, the H.R. 2278. A ·bill to prohibit the importa­ Judiciary, Merchant Marine and Fisheries, Under clause 1 of rule XXII. tion, manufacture, sale, purchase, transfer, and Science and Technology. 33. The SPEAKER presented a petition of receipt, or transportation of handguns, in H.R. 2288. A bill to provide that a finding Dennis L. Nygren, Royal Oak, Mich., relative any manner affecting interstate or foreign of permanent and total disability under title to the Child and Family Services Act; to the commerce, except for or by members of the II or XVI of the Social Security Act, chapter Committee on Ways and Means.

SENATE-Thursday, January 20, 1977

The Senate met at 10: 15 a.m., on the dedication; We pray especially for our God," striving to set forward Thy king­ expiration of the recess, and was called President and for him who will preside dom on Earth. to order by the President pro tempore over this Senate. Give them an under­ We pray in the name of our Redeemer (Mr. EASTLAND). standing of our times, wisdom beyond and Lord. Amen. themselves, and health of mind and body PRAYER sufficient for their tasks. May the truths of the Bible on which their hands are THE JOURNAL The Chaplain, the Reverend Edward placed be the guide of this Republic in L. R. Elson, D.D., offered the following the years to come. And may the oath of Mr. CRANSTON. Mr. President, I ask prayer: ' office taken by two men be for every citi­ unanimous that the Journal of God of our Fathers, and our God, make zen a new pledge of allegiance and a the proceedings of Wednesday, Janu­ sacred to all of us this solemn day of fresh dedication to "one nation under ary 19, 1977, be approved. 1860 CONGRESSIONAL RECORD- SENATE January 20, 1977 The PRESIDENT pro tempare. With.. EC-445. A communication from the Presi- Cabinet nominations which are noncon­ out objection, it is so ordered. dent of the United States, transmitting a troversial, and on which rollcall votes are draft of proposed legislation to authorize the not anticipated; and, second, the Mc­ President to implement an agreement with Govern motion to refer Senate Resolu­ MESSAGES FROM THE PRESIDENT the Government of the Republic of Turkey relative to defense cooperation pursuant to tion 18 on Vietnam draft evaders to the Messages from the President of the article III of the North Atlantic Treaty in Judiciary Committee. The Executive Cal­ United States were communicated to the order to resist armed attack in the North endar presently has two nominations. Senate by Mr. Geisler, one of his secre .. Atlantic Treaty area (with accompanying The Senate will meet tomorrow; the taries. papers); to the Committee on Foreign present plan as I understand it is to con­ Relations. vene at noon, though conceivably that EC-446. A communication from the Presi­ could be changed, and vote at 1 p.m. on REPORT ON EMPLOYMENT AND dent of the United States, transmitting an the cloture motion close debate on TRAINING-MESSAGE FROM THE alternative nuclear program ship design, to PRESIDENT-PM 30 cost, and schedule (with accompanying Senate Resolution 18. - papers); to the Committee on Armed Serv- This afternoon the Senate will be con­ The PRESIDENT pro tempore laid ices. sidering those nominations submitted by before the Senate the following message EC-447. A communication from the Presi­ the new President on which no rollcall is from the President of the United States, dent of the United States, transmitting a desired. which was referred to the Committee report on the review of disaster loan author­ Tomorrow the Senate will presumably on Labor and Public Welfare: ities mandated in section 101 of Public Law consider some of the nominations on 94-305 (with an accompanying report) ; to which rollcalls are desired. To the Congress of the United States: the Committee on Banking, Housing and Urban Affairs. I am informed, although I am not I am transmitting to the Congress the absolutely certain of this, that the Senate annual Employment and Training Re­ EC-448. A communication from the Presi­ dent of the United States, transmitting a will not consider until Monday the port of the President, pertaining to em­ draft of proposed legislation to authorize nomination of the nominee for Secretary ployment and training requirements, re­ appropriations for the acquisition, improve­ of Labor. I am not certain that that is sources, and utilization, as required by ment, rehabilitation, and maintenance of the plan, but there have been some in­ sections 705 (a) and 705 (b) of the Com­ the National Park System and National Wild­ dications that that will be the case. prehensive Employment and Training life Refuges, and to increase grants to com­ I have nothing further to say at this Act of 1973, as amended. This Employ­ munities to improve park and recreation facilities (with accompanying papers); to moment. ment and Training Report of the Presi­ The PRESIDENT pro tempore. The dent also includes reports required by the Committee on Commerce and the Com­ mittee on Interior and Insular Affairs. minority leader is recognized. sections 209 and 413 of the same act. GERALD R. FORD. Mr. CRANSTON. Mr. President, I ask THE WHITE HOUSE, January 20, 1977. unanimous consent that a communica­ COMPLIMENTARY STATEMENTS tion from the President of the United States, relative to the National Park Mr. BAKER. Mr. President, I shall not REPORT OF THE CORPORATION FOR System and the National Wildlife Ref­ take very long, but I think it would be PUBLIC BROADCASTING-MES­ uges, be referred jointly to the Committee derelict of me if I did not compliment the distinguished Senator from California SAGE FROM THE PRESIDENT­ on Commerce and the Committee on In­ PM 31 terior and Insular Affairs. for his service today as acting majority leader and for his new position as major- The PRESIDENT pro tempore laid be­ The ACTING PRESIDENT pro tem­ ity whip of the U.S. Senate. · fore the Senate the following message pore. Without objection, it is so ordered. We are delighted to have the opportu­ from the President of the United States, EC-449. A communication from the Presi­ nity to work with such a great Member which was referred to the Committee on dent of the United States, transmitting a Commerce: report of the National Cancer Advisory of this body now, as in the past. Board for calendar year 1975 (with an ac­ Mr. CRANSTON. I thank the Senator To the Congress of the United States: companying report); to the Committee on very much. It is a great pleasure to work I am transmitting to the Congress the Labor and Public Welfare. with him and the Senator from Alaska annual report of the Corporation for EC-450. A communication from the Presi­ and the other leaders in the minority in Public Broadcasting, describing its ac­ dent of the United States, transmitting a the Senate. tivities for the year ending June 30, 1976. draft of proposed legislation to transfer cer­ tain functions from the Secretary of the GERALD R. FORD. Interior to the Secretary of Agriculture COMMENTS ON THE INAUGURATION THE WHITE HOUSE, January 20, 1977. (with accompanying papers); to the Com­ mittee on Interior and Insular Affairs. Mr. BAKER. Mr. President, this is a solemn event that we are about to wit.. Ct>MMUNICATIONS FROM EXECU­ ness and in which we are about to par­ TIVE DEPARTMENTS, ETC. STATEMENT OF ACTING MAJORITY ticipate. The PRESIDENT pro tempore laid LEADER There is no more fundamental and im­ before the Senate the following letters, Mr. CRANSTON. Mr. President, I pressive, indeed, there is no more solemn which were referred as indicated: would like to say that the majority leader constitutional function than the inaugu­ EC-441. A communication from the Presi­ is with the group that will lead the Presi­ ration of a new President and Vice Presi­ dent of the United States transmitting a dent-elect to the inauguration. It is for dent of the United States. draft of proposed legislation entitled "Energy that reason that I am acting in the ca­ In a few moments we will proceed as Independence Authority Act of 1977"; to the pacity of acting majority leader, which one of the two Chambers of one of the Committee on Interior and Insular Affairs. is a great thrill for me on this great day three coordinate branches of the Gov­ EC-442. A communication from the Presi­ ernment to the inaugural platform where dent of the United States, transmitting the for our country when we join in the pass· ing of· leadership to the President-elect, in the presence of all the principal of­ 16th annual report of the U.S. Arms Control ficials of the three departments, the and Disarmament Agency (with an accom­ , of . panying report) ; to the Committee on For­ oath of office will be administered and eign Relations. the power of the executive department EC-443. A communication from the Pres­ ORDER OF PROCEDURE TODAY will pass by orderly transition to new ident of the United States, transmitting an Mr. CRANSTON. Mr. President, I have hands. alternative nuclear program, ship design We will also see the induction of a characteristics (with accompanying papers); just a word on what will occur today. It was originally announced that we new President of this body, the Vice to the Committee on Armed Services. President of the United States. EC-444. A communication from the Presi­ would proceed in a body at 10:30 a.m. dent of the United States, informing the It will be more like 10 :50 a.m. before we Those of us on this side of the aisle Senate of his intention to withdraw the gather for that purpose. There will be a will celebrate fully the inauguration of designation of the People's Republic of the quorum call until that point after the our new President. Congo as a beneficiary developing country present proceedings have been concluded. While campaigns are partisan and for purposes of the generalized system of The Senate will reconvene at 4 p.m. to­ nominees are designated by the two preferences; to the Committee on Finance. day to consider, :first, the President's great parties, inaugurations are na- January 20, 1977 CONGRESSIONAL RECORD-SENATE 1861 tional and constitutional events, and we INAUGURATION OF THE PRESIDENT Senator c. BYRD. on the Republican side will join with you OF THE UNITED STATES AND THE Representative WRIGHT. on the majority side in fully celebrating VICE PRESIDENT

Idaho for the Paul Revere . Insurance Com­ SCHEDULE OF LIABILITIES vestments and the status of operations at the panies. Home office in Worcester, Massachu­ Notes payable: Piper, Jat!ery, a respective companies; provided, however, setts. brokerage fl.rm. This ls a margin that all of said securities shall be sold no 1970-77--Governor of the State of Idaho. loan secured by 2,000 shares of later than six months from the date hereof. Government experience: Sunshine Mining Co. stock______10, 000 (2) The proceeds of the sale of said securi­ Member of Idaho Senate, 1961-67; 1969-70. Real estate mortgages: Balance pay­ ties shall be reinvested by the Trustee, in its Governor of the State of Idaho from Janu- able to Floyd Loomis, Cascade, isole discretion and Without consultation ary 4, 1971 to the present. Idaho, under a real estate pur- with or notification to Settlors, in any one President of the Idaho State Land Board 1 chase ------7,800 or more of the following: 1971-77. Served on many other boards and Chattel Mortgages, etc.: Automobile (a) certificates of deposits issued by com­ commissions as Governor of Idaho. loan payable to Idaho Bank & mercial banks; Chairman of the Federation of the Rocky Trust Co------1,000 (b) instruments of the United States Mountain States, 1972-73. 1 Chairman of the National Governors' Con­ I own approximately Ys acre of land in Government; ference, 1976-77. Valley County, Idaho, adjacent to the Cas­ (c) well diversified, no load, mutual funds. cade Reservoir. The land was purchased from Published writings: Inaugural Addresses, Article VI 1971 and 1975, published in "Great American Lloyd Loomis and a summer cabin was con­ structed on the site several years ago (value During the existence of this Trust, the Speeches"; other articles in various periodi­ Trustee shall not provide Settlors with any cals in my capacity as Governor. $45,000). A'ITACHMENT 2 listing or accounting of the investments Future employment relationships: held in Trust provided, however, that Trustee 1. Indicate whether you will sever all con­ I wlll divest myself of all mining stocks listed in Attachment 1. The values of these shall provide Settlors annually and at such nections with your present employer, busi­ other times as Settlors may request, the ness firm, association or organization if you securities are currently depressed because of a strike a.t the Sunshine Mine. Conse­ total market value of the Trust assets. Trus­ are confirmed by the Senate. tee shall also provide to an accountant desig­ Yes. quently, I will place these securities in a blind trust with instructions to the Trustee nated by Settlors such information as may 2. As far as can be foreseen, state whether be necessary for the preparation of Settlors' you have any plans after completing govern­ to sell these securities in an orderly way, with sales to be complete no later than six tax returns. ment service to resume employment, affilia­ Article VII tion or practice With your current or any months from the date of my confirmation. previous employer, business firm, association A copy of the Trust ls attached. In extension and not in limitation of the or organization. APPENDIX C powers given by law or other provisions of None. this Trust, Trustee shall have the following Trust agreement powers with respect to the Trust created 3. Has anybody made you a commitment to We, Cecil D. Andrus and Carol M. Andrus, a job after you leave government? hereby and to the Trust property, to ·be ex­ husband and wife of Boise, Ada County, ercised from time to time in the discretion No. Idaho (hereinafter call~ "Settlors"), hereby 4. Do you expect to serve the full term for of the Trustee, without order or license of assign, set over, a.nd transfer unto the Idaho Court and Without the knowledge or consent which you have been appointed? Bank a.nd Trust Company, Boise, Idaho, all Yes. of Settlors: of our interest in and to the marketable (1) To sell, exchange, transfer, convey and Potential conflicts of interest: securities listed on Exhibit A attached hereto 1. Describe any financial ararngements or make contracts concerning the Trust prop­ and incorporated herein, to hold the same erty for such considerations and upon such deferred compensation agreements or other as Trustee in Trust as hereinafter provided. continuing dealings with business associates, terms as the Trustee may determine; to ex­ clients or customers who will be affected by Article I ecute any instruments with regard thereto. policies which you will influence in the po­ Settlors reserve the right at any time or (2) To hold bonds, shares, or other securi­ sition to which you have been nominated. times after six months from the date hereof, ties in bearer form, or in the name of the None. to amend, alter or revoke this trust, in whole Trustee or in the name of a nominee, with­ 2. List any investments, obligations, lia­ or in part, or any provision hereof, by an out indication of any fiduciary capacity. b111ties, or other relationships which might instrument in writing signed by either of (3) To deposit cash in a checking account, involve potential conflicts of interest with the Settlors and delivered to the Trustee savings account or certifications of deposit the position to which you have been nomi­ during the lifetime of such Settlor. in a bank, including the Trustee bank, With­ nated. Article II out indication of any fiduciary capacity. Shares of stock in the various mining com­ During the existence of this Trust, the Trustee shall have custody of all Trust assets. panies listed on attachment 1. Trustee shall pay the net income of the (4) To give general or special proxies or 3. Describe any business relationship, Trust to the Settlors at least as often as powers of an attorney for voting or acting in dealing or financial transaction ( other than quarterly. Upon the death of a Settlor, the respect of shares of securities which may be taxpaying) which you have had during the income thereafter shall be so paid to the discretionary and with power of substitu­ last 10 years with the Federal Government, survivor. tion. whether for yourself or relatives, on behalf Article III ( 5) To employ and pay custodians of Trust of a client, or acting as an agent, that might Upon the termination of this Trust for any property, brokers, agents and attorneys. in any way constitute or result in a possible reason whatsoever, the Trustee shall pay Article VIII conflict of interest With the position to which the then remaining principal and any un­ you have been nominated. The following provisions shall apply to the distributed net income of the Trust, as extent that they are not inconsistent with None. follows: 4. List and describe any lobbying activity a.ny of the preceding articles: (1) To the Settlors jointly, if both Settlors ( 1) Income or principal payable to any during the post 10 years in which you have are then 11 ving; engaged for the purpose of directly or in­ minor or to any other person who in the directly influencing the passage, defeat or (2) If only one Settlor ls then living, then opinion of the Trustee ls incapacitated modification of any legislation at the na­ to such Settlor; through illness, age, or other ca.use may be tional level of government or for the pur­ (3) If neither Settlor is then living, then applied by the Trustee at its discretion for pose of affecting the administration and to the issue of Settlors, then living, per the beneficiary's maintenance, support or execution of national law or public policy. stirpes. education, by direct payment of such bene­ As a part of my duties as Governor of Article IV ficiary's expenses or by payment to such bene­ ficiary's legal guardian. Idaho, I have been extensively involved in This Trust shall terminate, thirty days dealing with legislative matters at all levels after the first of the following events to (2) Whenever distribution is to be made to of Government. occur: designated "issue" on a per stlrpes basis, the 5. Explain how you wm resolve any poten­ property shall be distributed to such persons ( 1) upon revocation of the Trust as pro­ tial conflict of interest that may be disclosed by right of representation and not per capita. by your responses to the above items. vided in Article I hereof; ln Witness Hereof, Cecil D. Andrus and (2) upon the death of Cecil D. Andrus; See attachment 2. Carol M. Andrus, Settlors, have hereunto set (3) at such time as Cecil D. Andrus is no ATrACHMENT 1 their hands and seals, and the Idaho Bank longer Secretary of the Interior. and Trust Company, Ada. County, Boise, Schedule of securities Article V Idaho, in token of its acceptance of the (Value at January 1, 1977] During the existence of this Trust, the Trust hereby created, has hereunto set its Shares of common stock and com­ Trustee shall manage and invest the assets hand and seal, as of this __ day of ------, pany: of this Trust as follows: 1977. Listed: 2,000, Sunshine Mining ___ $23-, 000 (1) The marketable securities listed in CECIL D. ANDRUS, Unlisted: CAROL M. ANDRUS. 6,000, Silver Syndicate______13, 500 Exhibit A attached hereto shall be sold by the Trustee in an orderly manner in such IDAHO BANK AND TRUST COMPANY, BOISE, 25,000 Silver Buckle Mines_____ 2, 250 !DAHO. 40,000, Placer Creek Mining____ 1, 600 a way as to realize the best possible price By----. Investors Diversified Services for such investments taking into account Attest: Mutual Fund ------1, 500 the limited markets for some of such in------. January 20, 1977 CONGRESSIONAL RECORD- SENATE 1869 ExHmIT A-Shares of common stock Mr. JAVITS. Mr. President, I support larly, he is highly regarded as an individ­ Company: the nomination of Michael Blumenthal. ual sensitive to the concerns and needs Sunshine Mining------2, 000 I would not take the Senate's time if I Silver Syndicate______6, 000 of working people. Silver Buckle Mines ______25, 000 did not fully know him but also worked Not only will Mike Blumenthal provide Placer Creek Mining ______40, 000 with him during his work in Europe in an important bridge between interest connection with the European commu­ groups that are sometimes at odds, he CONFLICT OF INTEREST nity and the tariff and trade problems will be a forthright member of the As indicated in Attachment 2 of the in­ which exist there. formation submitted above, Governor An­ Cabinet who commands respect abroad as drus agreed to di vest himself of all mining He brings with him an unusual dimen­ well as at home. The respect that Mr. stocks by placing the securities in a blind sion of experience, skill, and very high Blumenthal commands abroad, largely trust with instructions to the Trustee to standing with the leaders of Europe who on the basis of his role as chief U.S. sell them in an orderly way, with sales to be have negotiated with him. I believe that negotiator at the Kennedy round of completed no later than six months from the his appointment is one of the very fine tariff negotiations in the 1960's, is ex­ date of his confirmation. The committee ac­ appointments that have been made in tremely important because of the im­ cepted the Governor's actions as a method to the course of the history of this office. I portance of international economics and avoid the appearance of any conflict of in­ commend it highly to the Senate. terest, and in view of the uncertain market foreign trade to U.S. foreign policy in the for the securities involved, extended the time Mr. MOYNIHAN. Mr. President, I years ahead. for divestment to nine months. support the nomination of W. Michael Increasingly the issues that confront CONCLUSION Blumenthal. our Nation in its relations with both our The Committee agrees that Governor An­ I had the privilege to serve with him allies and our adversaries are economic drus is qualified in all respects to serve as on a three-man group that negotiated issues. Under those circumstances we Secretary of the Interior and recommends for President Kennedy the long-term could scarcely hope for a more qualified that he be confirmed by the United States cotton textile agreement of 1962. person to serve as Treasury Secretary Senate, if nominated. Mr. Blumenthal is known, properly so, than Mike Blumenthal. Not only has he Mr. McCLURE. Mr. President, I would as a man greatly and wholly committed received both his undergracuate and like to second what the distinguished to the principles of expanding world graduate degrees in international eco­ chairman of the committee has said. trade. Yet, on that occasion he showed nomics, he has directed a major interna­ a most vigorous concern for the jobs of tional corporation. As members know, the nominee is the Among the more difficult tasks that the Governor and has been the Governor of American workers who were in situa­ tions of particular disadvantage and Secretary-designate will face 'Vill be the my State. But beyond that, I have known fulflllment of President Carter's pledge him for a number of years, having been need. He carried out that assignment by President Kennedy with the greatest to achieve thoroughgoing tax reform. As elected to serve in the State legislature President Carter has said, this is an issue at the same time in 1961 and having distinction. One of Mr. Blumenthal's monuments, about which we have talked the most and worked with him. about which we have acted least. I am I was pleased to appear before the we might say, was the Trade Expansion Act of 1962, which has served world hopeful that the Carter administration committee as a witness on his behalf, will finally end the lipservice and pro­ and I certainly support this nomination. trade well and has served this Nation well. vide the action necessary to correct gross I believe it was a fine choice on the part inequities in our tax system, and look to of the President. Mr. JACKSON. Mr. President, I have Secretary-designate Blumenthal to pro­ The PRESIDING OFFICER. The ques­ known W. Michael Blumenthal since he vide key leadership in this regard. tion is, Will the Senate advise and con­ served as President Kennedy's trade ne­ I look forward to Mr. Blumenthal's sent to the nomination of Cecil D. Andrus gotiator. Mr. Blumenthal certainly has tenure as Treasury Secretary with great to be Secretary of the Interior. unique qualifications. He brings to the Treasury Department a background as a optimism, and the sincere conviction that The nomination was confirmed. scholar. He received his Ph. D. in inter­ his selection by President Carter will Mr. ROBERT C. BYRD. Mr. President, national trade at Princeton University. prove to be one of the best, early decisions I ask that the President of the United of the new administration. I am de­ States be immediately notified of the He has been an outstanding and a lighted to advise and consent to Mr. confirmation of the nomination. most effective business leader of the Na­ Blumenthal's confirmation. tion. He has a keen understanding of la­ The PRESIDING OFFICER. The The PRESIDING OFFICER. Without bor-management relations. He has a objection, the President will be notified. question is, Will the Senate advise and keen understanding of economics. I be­ consent to the nomination of W. Michael lieve he will bring to the Treasury a Blumenthal to be Secretary of the Treas­ much needed talent, both in the domes­ ury? SECRETARY OF THE TREASURY tic area of finance-economics and the in­ The nomination was confirmed. ternational side. I think the Nation is Mr. ROBERT C. BYRD. Mr. President, Mr. ROBERT C. BYRD. Mr. President, most fortunate. I ask unanimous consent that the Senate I ask unanimous consent that the Presi­ proceed to the consideration of the Mr. BAYH. Mr. President, I am dent be immediately notified of the con­ nomination of Mr. W. Michael Blumen­ delighted to lend my strong support to firmation of the nomination. thal. of Michigan, to be Secretary of the the confirmation of W. Michael Blumen­ The PRESIDING OFFICER. Without Treasury. thal as Secretary of the Treasury. In objection, it is so ordered. recent years Mike Blumenthal has been The PRESIDING OFFICER. The the chief operating officer and then the nomination will be stated. chief executive officer of the Bendix The legislative clerk read the nomina­ Corp. Because the Bendix Corp. is a SECRETARY OF STATE tion of W. Michael Blumenthal, of Michi­ major corporate constituent in Indiana Mr. ROBERT C. BYRD. Mr. President, gan, to be Secretary of the Treasury. I was fortunate enough to develop an I ask unanimous consent that the Sen­ Mr. LONG. Mr. President, the Com­ acquaintanceship with Mike Blumethal ate proceed to the consideration of the mittee on Finance had the opportunity some years ago. He is a brilliant execu­ nomination of Cyrus R. Vance of New to inte:·rogate Mr. Michael Blumenthal tive. a compassionate human being, a York-of West Virginia-to be Secretary in depth. Almost all members of the respected economist, and a public servant of State. committee were present. Each member of proven skills. The PRESIDING OFFICER. The interrogated him on about threa occa­ The nomination of Secretary-designate Senator may designate the residence of sions, and we were enormously impressed Blumenthal by President Carter is strong the nominee. by Mr. Blumenthal. The Senate has read testimony to the fact there not be the Mr. ROBERT C. BYRD. West Virginia. about his life. It is a modern Horatio traditional tension between the business The PRESIDING OFFICER. The Alger story and an inspiration to all community and those concerned with nomination will be stated. members. providing necessary public services to the The legislative clerk read as follows: The vote of the committee was unani­ American peoi:,le. The Secretary-desig­ The nomination of Cyrus R. Va.nee, o! mous. We recommend that his nomina­ nate has earned a just reputation as a New York and West Virginia, to be Secretary tion be confirmed. businessman of great acumen. Simi- of State. 1870 CONGRESSIONAL RECORD-SENATE January 20, 1977 Mr. SPARKMAN. Mr. President, I do known Cyrus Vance as long as my dis­ his responses indicated that he has a not want to enter into debate as between tinguished colleague from New York has, detailed grasp of every facet of the De­ West Virginia and New York. but it has been my pleasure to have partment of Agriculture and with the I believe the record shows that our known him for two decades. issues which will face the new Secretary. committee voted to confirm the nomina­ Henry Kissinger is a hard act to fol­ Moreover, Secretary-designate BERG­ tion of Mr. Cyrus R. Vance of New York. low~ but I do not think anyone could have LAND's harmonious relationship with the committee demonstrates the poise and Mr. ROBERT C. BYRD. I withdraw been appointed who would be more per­ fectly suited for the times in which we skill which he can bring to the leader­ my reservation for the moment. ship position in the Department of Agri­ [Laughter. J now live than Cy Vance. The distinguished Senator from Con­ culture. Mr. SPARKMAN. We had extensive necticut

any financial institution which is a member United States) i& amended to read as fol­ The effects o"f Section 1011 will be to un­ of a. Federal home loan bank, or is an in­ lows: dermine each one of these laudable ideals. sured institution a.s defined in section 40l(a) "An individual shall not be allowed, as a American citizens living and working of the National Houslng Act, a.s assets for deduction from his gross income, any de­ a.broad do not have the benefit of many serv­ purposes o'f meeting the liquidity require­ ductions (other than those allowed by sec­ ices available at home that are paid for by ments under section 5A(b) of the Federal tion 151, relating to personal exemptions) taxes. When such services a.re provided by the Home Loan Bank Act (12. U.S.C. 1425a(b)); properly allocable to or chargeable against employer in the form of living allowances, to the Committee on Banking, Housing and amounts excluded from gross income under housing allowances, and educational allow­ Urban Affairs. this subsection.". ances, they are included in the employees' By Mr. LAXALT (for Mr. BARTLETI') : (c) Section 911 of such Code (relating to S. 388. A bill to a.mend the Internal Reve­ calculation of gross income. The exemption earned income from sources without the of 20 thousand dollars from ea.med income nue Code of 1954 with respect to income United States) is amended by striking out earned abroad by U.S. citizens living or re­ subsections (d) l\nd (e) and by redeslgna.ting was a.n attempt to partially compensate for sidlng abroad; to the Committee on Finance. subsection (f) as subsection (d). this inflated calculation of personal income. By Mr. MATSUNAGA: (d) Section 36 of such Code (relating to Concern for equal treatment of taxpayers' S. 389. A bill to amend the Internal Reve­ demands that some attempt be made to real- nue Oode of 1954 to exempt from excise tax credits not allowed to individuals paying op­ tional tax or taking standard deduction) is 1stlcally compensate individuals for cost of certain buses purchased by nonprofit orga­ living a.nd quality of living differentials. nizations or by other persons for exclusive amended by striking out "sections 32" and use In furnishing transportation for State or inserting in lieu thereof "sections 32, 33, ". The Halliburton Services Company of Dun­ local governments or nonprofit organizations; SEC. 2. The amendments made by the first can, Oklahoma, has provided the following to the- Committee on Finance. section of this Act shall apply to taxable information on what they expect the impact S. 390. A bill to amend the Internal Reve­ years beginning after December 31, 1975. of the present law to be. It 1s obvious that nue Code of 1954 to provide that the amount STATEMENT BY SENATOR BARTLETT equity for taxpayers overseas is being ignored of the charitable deduction allowable !or ex­ Today I am introducing legislation that and must be corrected before the tax col• penses incurred in the operation of a highway will correct- one of the most misguided pro­ lection deadline this year. vehicle will be determined in the same man­ visions of the Tax Reform Act of 1976. My The attached computations are based on ner as the business deduction for such ex­ bill will substantially return the treatment the following assumptions: penses; to the Committee on Finance. of individual ea.med income of Americans 1. The employee in the foreign country abroad to what it was prior to October 4, 1976. will incur additional expenses living in the foreign country equal to the allowances paid The Tax Reform Act of 1976 amended to him. STATEMENTS ON INTRODUCED Section 911 (c) of the 1954 Internal Revenue BILLS AND JOINT RESOLUTIONS Code so as to reduce the exclusion for in­ 2. Housing furnished the employee 1s usu­ ally inferior to housing in the United States By Mr. LAXALT (for Mr. BART­ come ea.med abroad by U.S. citizens from 20 thousand dollars to 15 thousand dollars and the rentals paid are greatly in excess of LETT): and modified the computation of that ex­ rentals on comparable housing in U.S. Also S. 388. A bill to amend the Internal clusion in three ways. First, on individual employee sometimes keeps a house in the Revenue Code of 1954 with respect to entitled to the earned income exclusion may U.S., therefore, all rentals paid abroad con­ income earned abroad by U.S. citizens no longer credit or deduct foreign income stitute additional expense to him. taxes paid on excluded income. Second, in­ living or residing abroad; to the Com­ 3. Tuition for dependents paid by or on mittee on Finance. come, derived by individuals beyond the in­ come eligible for the earned income exclusion behalf of the employee is an additional ex­ Mr. LAXALT (for Mr. BARTLETT). Mr. pense, since such schooling is offered free in President, I am today introducing legis­ ls now subject to U.S. tax at the higher rate brackets which would apply U no exclu­ the U.S. lation that will make certain changes in sion had been allowed. Third, income earned 4. Vacation expense is the airfare of an em­ the Tax Reform Act of 1976 with respect abroad which is received outside the coun­ ployee and his famlly usually to a. more de­ to income earned abroad by U.S. citizens try in which earned in order to avoid tax veloped country. living or residing abroad. The bill will in that country 1s ineligible for the earned 5. Based on the above assumptions, the income exclusion. restore the treatment of such income to take home pay of the employee while in the what it was prior to the passage of the My bill returns the exclusion to 20 thou­ foreign country is equal to his base salary 1976 Act. sand dollars and, save for the third modifi­ cation mentioned above, returns the calcula­ plus the overseas dHTerential. The overseas I ask unanimous consent that the text tion of the tax Uab1lity to what it wa.s be­ differential is generally $150 per month in· of the bill as well as the remarks of and for the passage of the Tax Reform Act. crease in pay given an employee to induce materials prepared by the Senator from I find it dista.ste!ul to have to undo some­ him to go a.broad. Oklahoma (Mr. BARTLETT) be printed in thing that should have been done properly COMPARISON OF UNITED STATES INCOME TAX EFFECT ON the RECORD at this time. the first time, but in reviewing the legisla­ CEMENTER rN DUBAI TO CEMENTER IN UNITED STATES There being no objection, the material tive history of this provision, it is obvious to was ordered to be printed in the RECORD, me that what we ended up with is a minced version of a. ha.If-baked idea.. Section 1011 Computation of U.S. tax as follows: of the Tax Reform Act is punitive in its ef­ 8.388 fects on individual Americans abroad and a. If in Be U enacted by the Senate and HO'USe great disservice to American business over­ United If in Increase of Representatives of the United States of seas generally. Unless corrected, its net effect States Dubai in tax America- in Congress assembled, That (a) will be that Americans wm lose Jobs and paragraph (1) of section 911 (c) o! the Inter­ that American companies operating abroad Base salary in United States _____ $11, 260 $11, 260 ·------nal Revenue Code of 1954 (relating to limi­ will be forced to cut back their activities or Overseas differential.______l, 800 1, 800 -----·-- tation on amount o! exclusion) is a.mended increase their product prices. to read as !oilows: Base salary in Dubai______13, 060 13, 060 ··------Quoting from the Senate Finance Com­ Add: "(l) Limitations on amount of exclusion.­ mittee Report Number 94-938. the ostensible The amount excluded from the gross income livin_g allowance .• ----·------·-- 3, 000 ---·---- objectives of the Ta.X Reform Bill of 19'16 Furntt:ure allowance ••••.•.--··-----··-·- 1, 000 -----·-­ of an individual under subsection (a.) for any were: Revaluation of currency allow· taxable year shall not exceed an amount anee. ______---·-·---.--·-- 1, 572 ------which shall be computed on a daily bas1s at "1. To improve the equity of the income Fair market value of housing______12, 000 ------an annual ra~ of- tax at all income levels without interfering Tuition paid ..•• ·------· 3, 000 -·------with equally important goals of economic Vacation paid ••• ------·-·--·---·- 2, 000 ·-·----· " (A) except as provided in subparagraph -~~~~~~~- (B), $20,000 ln the case of an individual who efficiency and growth; To ta I .:ompensation...... 13, 060 35, 632 -··-·--- qualifies under subsection (a), or 2. To slmpUfy many tax provisions, delete Less IRC sec. 911 exc1usion______0 20, 000 ------unnecessary language and encourage tax- -~~~~~~~- "(B) •25,000 In the case of a.n individual Adjusted gross income...... 13, 060 15, 632 ----···· who quallftes under subsection (e.) (1), but payers to use the standard deduction; Less: only with respect to that portion of such 3. To continue !or- the next 12 months the Standard deduction.·------2, 090 ?., 800 ·------taxable year occurring after such 1!1div1dual economfo nilnulus provided in the Tax Re­ Personal exemptions (4)...... 3, 000 3, 000 ---·---- has been a bona fl.de resident of a foreign duction Act of 1975 and extended through Taxable income ••. ------7, 970 9, 832 -·----·- country or countries for an uninterrupted the first half of 1976 by the Revenue Adjust­ Ta:t (based on joint return rates): period of 3 consecutive years.". ment Act of 1975; and Under proposed law______1, 374 1, 783 S409 Under present law (with $15,- (b) The last sentence of subsection (a.) 4. To make improvements in the adminis­ 000 exclusion and higher or section 911 of such Code (relating to tration of the tax laws, particularly to rates>----·-·-····-----··-· 1, 374 4,804 3, 430 earned income from sources \Vlthout the strengthen taxpayers' rights. January 20, 1977 CONGRESSIONAL RECORD-SENATE 1883 COMPUTATION OF UNITED STATES INCOME TAX EFFECT come not taxed In the United States a.re ON DISTRICT MANAGIR IN ABU DHABI AS COMPARED Computation of U.S. tax not allowed as a credit or a deduction against TO DISTRICT MANAGER IN THE UNITED STATES If in If in United States taxes. United Saudi Increase American citizens working abroad do not States Arabia in tax Computation of U.S. tax have the benefit of many services available at home that are paid for bv taxes. As for If in If in Increase Less: the individual businessman overseas, the United Abu in Standard deduction______2, 800 2, 800 ------tax exclusion of $20,000 and $26,000 helps States Dhabi tax Personal exemptions (4)______3, 000 3, 000 ------off'set the additional costs of schooling, hous­ ~~~~~~~~- Taxable income______15, 370 18, 501 ------ing, travel, and other inconveniences. Such Base salary in United States _____ $21, 465 $21, 465 ------Tax (based on joint return rates): Americans overseas do not get the benefits Overseas differentiaL______1, 800 1, 800 ------Under proposed law______3, 103 3, 960 $857 of those things their taxes help pay for in Under present law (with $15,- the United States. Add:Base salary in Abu Dhabi____ 23, 265 23, 265 ------000 exdusion and hieher 8, 455 5, 352 The exclusions in section 911 give some Living allowance______3, 076 ------rates>------3, 103 relief from this situation and represent a Furniture allowance______750 ------measure of Justice for the American citizen Revaluation of currency allow- The present law concerning taxation of ance______1, 572 ------abroad. Because of inflationary trends Fair market value of housing______12, 000 ------Americans abroad is more complex than it throughout the world, any adjustment in Tuition paid______3, 000 ------was, is economically constrictive rather than the exclusions should be up rather than Vacation paid·------2, 000 ------stimulative, and is of doubtful administra­ down. ~~~~~~~~- tive efficiency. In short. this provision of the Total compensation______23, 265 45, 663 ------United States Government employees Less IRC sec. 911 exclusion______O 20, 000 ------Tax Reform Act accomplished none of the abroad remain subject to our income taxes ~~~~~~~~~ announced aims of that a.ct, and is positively on their earnings, but they are not taxed Adjusted gross income______23, 265 25, 663 ------mischievous in its effects upon individuals on fringe benefits such as shelter, cost of Less: and companies alike. Standard deduction______2, 800 2,. 800 -_-_ -_-_ -_-_ -_-_ living, education, travel and other differen­ Personal exemptions (4)______3, 000 3 000 To the extent that the current law forces tial cost payments. On the other hand, cost­ ~~~~~~~...;...~ American companies to forgo planned expan­ of-living allowances are taxable compensa­ Taxable income______17, 465 19, 863 ------sions or to increase their prices, it will hinder Tax (based on joint return rates): tion to employees of private business. Under proPosed law______3, 670 4, 342 $672 international economic recovery. Much of the Armed forces personnel enjoy fa.c111ties on Under present law (with $15,- world is depending upon the United States' foreign bases which provide an environment 000 exclusion and higher economic ability and strength for much of comparable to a base in the States. Civilians rates>------3, 670 9, 068 5, 398 their recovery. The present law will frustrate employed abroad must attempt to create a that expectation as American expertise and comparable cultural environment for their COMPARISON OF UNITED STATES INCOME TAX ON FIELD experience is drawn back to U.S. territory. families on an individual basis. Reduction SUPERVISOR IN QATAR TO FIELD SUPERVISOR IN UNITED An additional mark against the present of the presently excludable portion of salary STATES law ls its retroactive nature, which if allowed earnings would discriminate against non­ to be carried out with this yea.r's tax collec­ government employees. tions will unfairly and unduly burden thou­ In order to operate on an internationaf Computation of U.S. tax sands of America.ns who have not been able basis, American companies must employ some If in to plan for the increased taxes. For all the of our citizens to work In foreign subsidi­ United If in Increase above reasons I urge the earliest possible con­ aries and branches. These American employ­ States Qatar in faJC sideration and passage of my blll. I ask unani­ ees are necessary because local nationals, in mous consent that the text of my bill and the many cases, do not possess the needed skills, BasesalaryinUnitedStates ______$17,400 $17,400 ------following materials which include a sampling experience or familiarity With American busi­ Overseas differentiaL______1, 800 1, 800 ------of the letters I have received from around ness methods. ~~~~~~~~~ the world, as well as editorials and state­ United States citizens representing Ameri­ Base salary in Abu Dhabi___ __ 19, 200 19, 200 ------Add: ments on this problem, be included in the can businesses abroad often have many years Living allowance-______2, 800 ______Congressional Record with my remarks. of experience with the language, law, cus­ Furnitureallowance______750 ------toms, and techniques of the foreign country Revaluation of currency FROM THE STATEMENT OF WALKER WINTER, FOR allowance______1, 350 ------in which they live. The are invaluable and Fair market value of housing ••• __ ------12, 000 --·----_ THE CHAMBER OF COMMERCE OF THE UNITED are as essential to companies operating Tuition paid______3, 000 ------·- STATES, JULY 9, 1975, BEFORE THE HOUSE abroad as American capital. It is absolutely Vacation paid______2, 000 ------·- Col.lD.ll'rl'El!! ON WAYS AND MEANS essential to have American citizens in over­ ~~~~~~~_..;..~ Totalcompensation ______19, 200 41, 100 --·-···- EXEMPTXON OF EARNED INCOME FROM FOREIGN seas positions to manage these investments, Less IRC sec. 911 exclusion ______0 20, 000 ------SOURCES as wen as to train local personnel. A citizen employed a.broad must receive Adjusted gross income •••••• - 19, 200 21, 100 -······- We reaffirm our position that the exclusion Less: in section 911 of the Internal Revenue Code compensation !or special costs which do not Standarddeduction______2,800 2,800 ----·-·- for earned income of citizens who a.re resi­ represent real income. It he is given an al­ Personalexemptions(4). ------3, 000 3, 000 ------dents and/or employed abroad should not be lowance for tuition for his children to attend ~~~~~~~~~ a private English language school, this does Taxableincome ••••••••••••• 13,400 15,300 ------reduced. Under existing tax law, United Tax (based on joint return rates): States citizens, who a.re bona fide. residents not represent any income to the individual, Under proposed law______2, 610 3, 085 475 of foreign countries for at least one full cal­ but the United States will tax such a tuition Under present law (with $15,000 allowance. exclusion and higher rates).. 2, 610 7, 036 4, 426 endar year or who are physically present in foreign countries for 17 out of 18 consecutive As a revenue producing measure, the elimi­ months. may exclude from their federal in­ nation of the exclusion would be largely in­ COMPUTATION OF UNITED STATES INCOME TAX ON AS­ come tax the first $20,000, or in some cases effective. Corporate employers would be SISTANT DISTRICT MANAGERS IN SAUDI ARABIA AS the firijt $26,000, of compensation received obliged to increase salaries or living allow­ COMPARED TO ASSISTANT DISTRICT MANAGERS IN for services performed outside the· United ances of their overseas American employees, UNITED STATES States. thus diminishing corporate tax receipts. The net effect would be to make American busi­ This exclusion has been a part of our tax ness abroad less competitive with other for­ Computation of U.S. tax law since 1926. This issue was fully considered eign business, since other major industrial by both House and Senate in 1962, and the nations generally do not taX' their overseas If in If in present law is a result, with the exception United Saudi Increase businessmen. States Arabia in tax that in 1964 the $35,000 exclusion was re­ Increased costs are already having an ad­ duced to $26,000. The tax benefit has been verse effect on employment by forcing a num­ reduced substantially from an unlimited ex­ Base salary in United States _____ $19, $19, 370 ------ber of international companies to hire for­ :no clusion to the present $20,000 and $26,000 eign executives, not necessarily of the host Overseas differential.______1, 800 1, 800 ------exclusion. Furthermore, the exclusion is llm­ ~~~~~~~~- countries, to replace American executives. It Add:Base salary in Saudi Arabia.. 21, 170 21,.170 ------ited sufficiently to prevent its use as a tu has been estimated. a United States company avoidance device. 3 spends an average of $100,000 during the first ~~v/:ifu~~o~:..C:nce::::-=::::::::::: ' Critics of the exclusion assert that it en­ two yea.rs when it sends a $20,000-a-year man m:::::::: tices Americans, With technical and profes­ Revaluationlowance ______of currency al- ---- 2, 381 _ _. __ _ abroad. sional skills not avallable 1n foreign coun­ The long-range effect of any unfavorable Fair market value in housin&------12, 000 ------tries to work abroad by offering them tax-free change would be to jeopardize our competi­ =:rr:~cC:::::::::::::::::::::::: t ~ :::::::: earnings. Th1s assertion completely over­ tive position abroad at a time when infi.ation ~~~~~~~~~ looks. that fact that the income of these and rising operating costs have made it in­ 21 11 employees may be subjected to fdretgn in­ creasingly difficult to compete in foreign mar­ LessWt :.rrr:ci~s-ioli:::::: ' i ~ ~ ==== come taxes as well as- other foreign taxes. kets. AddlttonaI costs could cut back on Adjusted lfOSS i~--. ·-- 21, 170 24, 301 ------Also, the foreign truces attributable to In- dividends and profits from foreign operations

CXXIII--119-'PA.rt-. ~ .!... 1 1884 CONGRESSIONAL RECORD- SENATE January 20, 1977 which assist in solving our balance-of-pay­ American workers soar. The problem is alize the conditions for U.S. citizens working ments problems. magnified because a company usually has to overseas. [From , Jan. 9, 1977] pay roughly $20,000 to a worker Just to Thank you for your assistance, and con­ TAX LAW: PuNISHING AMERICANS ABROAD finance his living-cost differential and home­ sideration of my views. leave expenses, which Internal Revenue Very truly yours, To the Editor: counts as personal income to a worker. DONALD W. PRESTON. The new Congress and the new Adminis­ Equity is best assessed in examining the tration will have an opportunity to examine after-tax effects. A company that pays P.O. Box 1177, HAMn.ToN 5, BERMUDA, the recent changes in U.S. tax law that affect $40,000 to a domestic employee gives him, American citizens residing abroad. It is the December 2, 1976. say, $30,000 after tax. For that employee to Hon. DEWEY FOLLE'lT BARTLE'lT, general consensus of the American com­ $30,000 be sent abroad and receive after tax Russell Building munity in Brazil that the legislation is either and living allowances, the company will have deliberat'ely punitive or utterly thoughtless. Washington, D.C. to expend $80,000, $90,000, or if he's stationed DEAR Sm: The contents of this letter are to The changes in question, by reducing the in Japan, $100,000. The company's foreign income earned abroad which is exempt from register a complaint as to the construction competitor is able to send in an employee of and passing of the latest Income Tax Bill. U.S. taxation and by greatly raising the ef­ equal sk111 at much less total outlay because fective tax rate on the non exempt income, I am an individual who works overseas for expose Americans residing a.broad to the cer­ the employee does not pay domestic tax on a foreign company, which does not pay to me foreign earnings. The competitor thus tends t:iinty of real double taxation. This is be­ any subsidies as in reference to paying an cause foreign countries, not unnaturally, to win the contracts and get the business. equivalent amount of U.S. taxes. I have to themselves tax income earned by non-citizen So if the taxwrlters are counting on pay my U.S. taxes from my earned salary. residents from economic activity within the Treasury getting more revenue as a result With the new tax Bill, which has been passed, foreign country, sometimes (as in Brazil) at of their "reform," forget it. Treasury will lose it will make it so that I cannot afford to very high rates indeed. revenues on two counts: First, because U.S. continue in my overseas position. By the ac­ foreign earnings will shrink as U.S. com­ Furthermore, Americans living abroad ac­ tion of the new Bill I will be forced to re­ tually receive services-police, fire, s:inita­ panies lose business to foreign competitors. turn to the United States, whereby I will be Second, because the executives, engineers and tion, etc.-from the host nation, whereas placed into the Job market and either I will they receive few if any from the United hardhats will no longer be bringing home be unemployed or I will displace someone States. On top of this, Americans abroad savings that can subsequently be taxed by from a position. often have to pay exorbitant amounts, none Treasury as investxnent income. Is the objective of this Bill to create addi­ of them deductible, for services such as edu­ The degree to which this increased tax tional unemployment? It certainly appears cation which would be provided at govern­ burden prevents the United States from that this is one of the objectives. ment expense in the U.S. This is to be con­ selling goods and services abroad, of course Further, you have made it so that the re­ trasted with the gentle treatment meted out means that the cost of goods and services we duction in the overseas exemption ls retro­ to our diplomatic personnel, who have special buy from abroad will rise. The effect is the active to January 1, 1976. This places such a allowances for Just such items. same as an embargo on labor or any other severe burden upon my family that I, at this The net effect of the new tax law is to traded commodity. The foreign nation that time, have doubts that I will be able to pay make it substantially more expensive for otherwise would employ the talents and re­ the retroactive taxes. Under the Internal American companies to employ Americans sources of U.S. citizens suffers because the Revenue Service Code, ls it 100% legal to abroad. Many will choose not to do so. The tax differential makes such employment have a retroactive tax? result will be a reduction of American in­ impossible. United States citizens who are working fluence abroad and of the beneficial spread · What Congress should have done instead is outside of the United States as part of the of American technology and good will, a double the exemption, to account for the international operating work force are in a worsening of the U.S. balance of payments inflation that has taken place since 1962, very good position to be excellent represent­ and of our ability to compete with other in­ thereby expanding U.S. business activity atives for the Unlted States. However, when dustrial nations, and the encouragement of abroad with its resulting beneficial feedback the Congress passes unfair income tax laws taxpayer despair and prevarication. The in­ effects on the U.S. economy. As it is, this I feel reasonably sure that these good repre­ crease in tax revenues will be negligible or ls one tax change that damages everyone's sentatives of the United States might have non-existent. The only other country to tax interest to nobody's benefit. other thoughts. on the basis of nationality rather than resi­ It is my impression in general conversa­ dence is Switzerland, which is hardly com­ NOVEMBER 16, 1976. tions with large major companies that these parable. Subject: Tax Reform Act of 1976; Changes companies are going to have their United Had Congress deliberately set out to pass a. in the Treatment of Foreign Income States citizens working overseas return to the hopelessly misguided law, it could not have Affecting Individuals. United States. Foreign nationals will then be done better. I hope that this does not re­ Senator DEWEY F. BARTLETT, brought into the vacant positions. The end main the case. Senate Office Building, result is that in many cases the United THOMAS J. SUTCLIFFE. Washington, D.C. States Government will lose not only more DEAR SENATOR BARTLETT: I wish to express tax dollars but possibly good business sense [From Wall Street Journal, Nov. 1, 1976] my views relating to certain provisions of from a standpoint of international dealing. I will certainly appreciate a response from TAXING INCOME EARNED ABROAD the Tax Refor~ Act which was signed into Law by President Ford on October 4, 1976. you in regard to the justification for this un­ One of the many reasons President Ford The specific provisions deal with the changes fair tax law. should have vetoed the tax bill last month in the treatment of foreign income affecting Very truly, instead of signing it is the provision that in­ individuals. GERALD E. BROOKS. creases the tax burden on U.S. citizens work­ I a.m not in favor of these changes because ing abroad. The taxwriters l'oo.l!Y goofed, for of the increased tax burden on U.S. cl tizens BUTLER ASSOCIATES, INC., the net effect can only be that American living and working overseas, as well as the corporations operating abroad will reduce the Tulsa, Okla., September 15, 1976. fact, that these changes are retroactive to Senator DEWEY F. BARTLE'lT, number of Americans they employ and either January l, 1976. replace them with foreign nationals or The changes will be a significant deterent Senate Office Building, shrink the level of U.S. business activity to promoting and maintaining U.S. busi­ Washington, D.C. abroad. ness interests overseas. American firms can­ DEAR DEWEY: The recent announcement Until 1962, the United States didn't tax not successfully compete in foreign markets regarding the change in the income tax po­ its citizens on any wage and salary income if they cannot find personnel willing to work sition of Americans working abroad will earned abroad, and we are still one of the overseas. And, because there is notable re­ create a very serious problem for companies very few nations of the world who now do lationship between Americans overseas, such as ours. As you know, we are an en:­ tax such income. Prior to 1962 we accepted American direct investment overseas and gineering and construction management firm the universal rationale, which was and is U.S. exports, the U.S. balance of trade deficit providing foreign governments, as well as reasonable, that a wo:cker w111 be taxed by the can be expected to deteriorate. private industries overseas, with technical country in which he earns his income. As to the effective date of the taxation, I services. The proposed revision in the tax But when the law was changed, it was at cannot understand how Congress could con­ law will eliminate any competitive position least replaced with some relief on this score. sciously approve a retroactive change in the that we might have with the foreign firms, Americans employed abroad could exempt the tax burden of U.S. citizens! Would your and for all practical purposes we will be out first $20,000 of income earned abroad from fellow members accept a. retroa.ctive change of business insofar as foreign projects are U.S. taxes, and after three years abroad could in the election laws that placed them in concerned. exempt the first $25,000. Now, not only has Congress if such a. cha.nge adversely affected The retroactive aspects of the proposed the figure been dropped to $15,000, but the their prel,ent position? I believe the answer changes are especially unfa.ir both to the non-excluded income must be taxed in the would be a resounding No! But yet Congress corporation and to the individuals. The dif­ same tax brackets as if there were no expects the sa.me logic to be accepted when ferential that we must pay our expatriates exclusion. it is applied in other areas. will rise substantially, and it js too late to The change will have enormous damaging I strongly urge you to introduce amend­ renegotiate existing contracts. It might be impact on the competitiveness of U.S. busi­ ments in the next legislature which will not interesting to you to know that a recent ness a.broad as the tax 11ab111ties of their only rectify these unfair changes, but Uber- article in the "Wall Street .Tournal" quoted January 20, 1977 CONGRESSIONAL RECORD-SENATE 1885

Fluor Corporation as having 87 percent of FENIX & ScissoN, INC., for the same job in the U.S.: it is barely ade­ their engineering backlog overseas. This alone Tulsa, Okla.,_September 13, 1976. quate to meet the high cost of living in Iran. should give you an indication of the impact Hon. DEWEY BARTLETT, For instance, my housing allowance ls $325.00 that this change in the law wm have on such U.S. Senate, and I. pay $350.00. Others, with the same firms. Washington, D.C. amount of allowance have to pay $600.00 and If the objective of the le.w ls to increase DEAR DEWEY: The September 10, 1976 issue more; I was fortunate in that I had a. friend unemployment, it will succeed admirably. of indicates that the in Isfahan (an Iranian) that helped me We are certain that this was not the intent tax-revision bill a.s approved by the House­ obtain my house. and that this section of the proposed revision Sena.te Conference Committee contains the If this passes into law the incentive for of the tax bill will be reconsidered. The following provisions: overseas employment will be gone entirely change has the effect of removing any in­ 1. Reduces to $15,000 the amount of income a.nd there will be a mass return of Americans centive for American personnel to go over­ U.S. citizens working a.broad may exclude returning to the United States. This w111 seas. We would appreciate you opposing this from their U.S. income for tax purposes. put an extra burden on the employment sit­ change. This reduction ls to be retroactive to Janu­ uation that you now have in the States. Very truly yours, ary 1, 1976. Please, consider the proposed reduction VINCENT E. BUTLER, 2. Does a.way with the credit U.S. citizens as a detriment to the well being of many Presiden,t. working a.broad have been able to take Americans engaged in foreign work. I re­ against their U.S. taxes for foreign taxes spectfully ask for your "no" vote when this PARKER DRILLING Co., pa.id on the excluded income. matter comes before you. Nairobi, Kenya, September 17, 1976. 3. In the future, an American working Re : Tax reform bill. abroad earning more than the excluded Tha.nk you for your consideration of this Hon.' DEWEY F. BARTLE'IT, $15,000 wlll be subject to U.S. tax a.t the request. U.S. Senate, higher tax bracket that would apply if the Respectfully, Washington, D.C. $15,000 also were taxable. DoN L. WILSON, DEAR SENATOR BARTLETT: Attached you will Our company, among other things, sells WILMA DEAN WILSON. find copies of recent articles from the In­ engineering and construction management ternational Herald Tribune giving notice to services in foreign countries. We have proj_­ By U.S. expatriates about the pending tax bill. ects and/or assignments in England, France, Mr. MATSUNAGA: As I have written in earlier months, this South Africa and the Middle East. We have S. 389. A bill to amend the Internal reduction of tax excludable income will only additional proposals outstanding in the Revenua Code of 1954 to exempt from hurt the U.S. consumer in one of two ways: Middle Ea.st and Japan. At the present time, excise tax certain buses purchased by 1. Expatriate employees Will be forced to we have ten U.S. citizens stationed abroad. nonprofit organizations or by other per­ return to the U.S. because of the higher tax U.S. citizens generally will not accept sons for exclusive use in furnishing consequences to which they would be sub­ foreign assignments unless their after tax transportation for State or local govern­ ject. This fact would be a. negative force on income and benefits exceed those which they ments or nonprofit organizations; to the the Country's unemployment percentage. would obtain if they were employed in the 2. The U.S. firms operating abroad to im­ USA. The tax exclusion, the credit for foreign Committee on Finance. port products into the U.S. Will necessarily taxes and rate applied against their USA ta.x­ Mr. MATSUNAGA. Mr. President, I am have to increase their prices to the con­ a.ble income a.re all factors that are consid­ introducing today two bills which are sumer. The reason being that of increased ered in their employment contracts and in directed toward furthering the trans­ wages, which they will have to pay to keep the charges that we must make for their portation services to the elderly. American expertise abroad. services. our standard employment agree­ When the Tax Reform Blll goes to a final ment includes a provision that should the My concern for the transportation vote, please consider whether the $1 billion tax treatment change we will give additional needs of the elderly has been greatly re­ in additional tax revenue will not be felt by compensation to allow them to have the same inforced from hearings and studies on the American public in a multiplier effect. after tax income a.s before the change. this subject, which I conducted as chair­ Sincerely yours, We have reviewed the impact of these pro­ man of the Subcommittee on Federal, JERRY W. HOLDER, posed tax changes on the personnel we now State, and Community Services of the Assistant Division Manager. have stationed abroad a.nd find that our House Select Committee on Aging. additional costs, due to these changes, are TEHRAN, IRAN.. such that we must increase any charges to Older Americans presently encounter October 10, 1976. our foreign clients somewhere between numerous difficulties in traveling to and Hon. DEWEY BARTLET!', $10,000 to $12,000 per year per man. In some from their destinations. Their paths are Senate Office Building, cases this additional charge will make- us often impeded by income inadequacies­ Washington, D.C. non-competitive with our European (mostly which often discourage frequent use of DEAR Sm: As an Oklahoman, and an French and German) competitors. private or public transportation-by de­ American working and residing a.broad, in We feel the retroactive clause is particu­ ficiencies in existing transportation pro­ Europe, Africa and the Middle East, I wish larly unfair as it gives us a substantial un­ to complement the expected expense (in excess of $100,000) so grams and services--especially in iso­ on another unparalleled act of stupidity in late in the year that we have no opportunity lated rural areas--and by the unaccom­ the punitive tax legislation for U.S. Ex­ to either (1) re-negotiate or withdraw from modative design of certain vehicles used patriates. These actions can only be greeted contracts that may no longer be worthwhile. by elderly and handicapped persons. with joy by Western European and Japanese or (2) replace our U.S. citizens with Euro­ There are numerous program sources firms who wm happily jump in to fill a.ny pean employees. from which funds and services may be void created by American firms being rend­ I am in accord with the general intent of ered uncompetitive by our own Congress. the tax-revision blll and in most instances drawn for developing and operating The bill wlll certa.lnly cause many Ameri­ agree that the proposed changes are.well past transportation for the elderly. However, cans to return to the U.S. because of simple due; however, I do not be-Ueve its intent ls to a number of important constraints have economics. These people will need jobs. The deter companies such as ours from working limited the range and level of such Bill wilf ca.use many "marginal" or new for­ a.broad or to make us less competitive with transportation services. eign operations to fold because of cost con­ foreign companies. The bill I offer today would amend siderations. The net effect is that some Very truly yours, certain tax exemption provisions in order manufacturers who enjoy a high level of em­ S. E. ScISSON, ployment due to foreign markets will now President. to facilitate easier- access by the elderlY find it mare difficult to retain this level. This to schoolbuses during periods in the. day ls a. potential cause of additional unemploy­ BELL HELICOPTER INTERN TIONAL, when such vehicles are not being used ment for workers in the U.S. Isfahan, Iran, September 12, 1976. by the schools. Competition from West German, Italian, DEWEY BARTLE'IT, French, English and Japanese concerns is Prior to and since the 1971 White U.S. Senate Office Building, House Conference on Aging, the use of keen. Any advantage our Congress may pro­ Washington, D.C. vide them wlll surely be appreciated and DEAR Sm: It is my understanding that the schoolbuses to meet the transpo1tation utilized to the fullest extent. Congressional Conferees have voted to reduce needs of the elderly has been a constant I do not understand how the logic tn this the foreign income tax exemption to $15,- and reocurring recommendation. At issue legislation was derived. In a period where 000.00. Also, all income over the $15,000.00 is the fact that older persons are in great unemployment and "balance of payments" exemption would be taxed at the higher need of adequate and responsive trans­ is a problem, this seems to me to be a. coun­ percentage as if the $15,000.00 was also tax­ portation services. Schoolbuses continue ter productive action. I can assure you that able. to remain an important and untapped it goes a. long way for me in diminishing the I feel t-hat" this proposal is unfair to those resource. credibility of the U.S. Congress. working overseas. Sincerely, Although the base salary, cost of ltving al­ During hours of nonuse by students, R. S. NICKEL. lowance and etc. is higher than that paid schoolbuses could and would provide a 1886 CONGRESSIONAL RECORD- SENATE January 20, 1977 useful means of transporting the elderly By Mr. MATSUNAGA: section 170 of the Internal Revenue Code of to nutrition sites or senior centers. S. 390. A bill to amend the Internal 1954 (relating to charitable deductions) is Revenue Code of 1954 to provide that the amended by redesignatlng subsections (1) In order to make schoolbuses more ac­ and (J) as subsections (j) and (k), respec­ cessible for use by older persons, my bill amount of the charitable deduction al­ tively, and by inserting after subsection (h) seeks to remove a large obstacle blocking lowable for expenses incurred in the op­ the following new subsection: contractors' use of schoolbuses for non­ eration of a highway vehicle will be de­ "(1) AMOUNT OF DEDUCTION FOR EXPENSES school purposes. Presently, schoolbuses termined in the same manner as the busi­ OF OPERATING A MOTOR VEHICLE.-The amount owned by contractors are exempt from ness deduction for such expenses; to the allowable as a deduction under this section Federal excise tax-that is, 10 percent of Committee on Finance. with respect to expenses incurred by the tax­ the vehicle-if the contractor signs an Mr. MATSUNAGA. Mr. President, the payer for the operation o! a highway affidavit at the time of the purchase that second bill I am introducing today is an­ vehicle- "(l) shall include that portion o! the the vehicle will be used solely for trips other attempt to further transportation costs of operating and maintaining such ve­ to and from school. This exemption pro­ services for the elderly by extending tax hicle (including a reasonable allowance for vides great savings to the contractor, deductions for expenses incurred by vol­ depreciation) which 1s allocable to such op­ particularly when there are large num­ unteers driving to and from charitable­ eration; and bers of buses involved. Many contractors, service functions. " ( 2) shall be determined in the same however, are unwilling to jeopardize Our older Americans are important manner as if such operation were in connec­ these savings in order to provide non· human resources. Many of the Nation's tion with a trade or business of the tax­ school transportation. senior population have the desire to pro­ payer.". (b) The amendment made by subsection As revealed in the House Aging Com­ long their years of productivity and serv­ (a) shall apply with respect to the operation mittee transportation study, an "in­ ices. However, all too often, their contri­ of a motor vehicle occurring after the date formal interpretation" by an official of butions made as volunteers in local or of the enactment of this Act in taxable years the Internal Revenue Service indicated State services, are stymied by the burdens ending after such date. that "if subsequent circumstances arise of rising expenses in driving or being which would dictate that a bus purchased driven to their charitable activities. tax free can no longer be exclusively 1.U?ed Numerous programs and projects ADDITIONAL COSPONSORS for exempt purposes, then its diversion throughout the country rely upon the s. 15 to other uses will not negate the exemp­ services of volunteer drivers. But fre­ At the request of Mr. JOHNSTON, the tion for that bus." Most bus contractors, quently many volunteer drivers are Senator from Minnesota (Mr. ANDERSON) to however, tend to interpret the law more forced curtail their voluntary driving was added as a cosponsor of S. 15, the narrowly. because of the imbalance between in­ In light of the great uncertainty on the creasing costs in operating a vehicle and Federal Election Campaign Act Amend­ ments of 1977. part of schoolbus contractors as to their the limited, fixed income of the senior s. 69 tax exemption if schoolbuses are used to volunteer. transport persons other than pupils, my Volunteerism is usually effective when At the request of Mr. STEVENSON, the bill would amend the Internal Revenue there is a potential to alleviate burden­ Senator from New Mexico (Mr. Do­ code to allow the transport of the elderly ing costs to the volunteer, and when the MENICI), the Senator from Hawaii (Mr. and other disadvantaged persons out-of-pocket expenses of the volunteer MATSUNAGA), and the Senator from through publicly-supported programs is at a minimal. Consideration of incen­ Rhode Island (Mr. PELL) were added as without the loss of the exemption tives is an important aspect of promot­ cosponsors of S. 69, to extend the Export presently permitted in Sec. 4221

and status of Ambassador Extraordinary and DEPARTMENT OF DEFENSE DEPARTMENT OF 'l'RANSPORXATION Plenipotentiary, and the Representative of Harold Brown, of California, to be Secre­ Brockman Adams, of Washington, to be the United States of America in the Security tary of Defense. Secretary of Transportation. Council of the United Nations. DEPARTMENT OF THE INTERIOR OFFICE OF MANAGEMENT AND BUDGET Cecil D. Andrus, of Idaho, to be Secretary of the Interior. Thomas Bertram Lance, of Georgia, to be Director of the Office of Management and DEPARTMENT OF AGRICULTURE CONFIRMATIONS Budget. Bob S. Bergland, of Minnesota, to be Secre­ Executive nominations r...>nfirmed by tary of Agriculture. COUNCIL OF ECONOMIC ADVISERS the Senate January 20, 1977: DEPARTMENT OF COMMERCE Charles L. Schultze, of the District of Columbia, to be a member of the Council of DEPARTMENT OF STATE Juanita M. Kreps, of North Carolina., to be Secertary of Commerce. Economic Advisers. Cyrus Vance, of New York, to be Secretary of State. DEPARTMENT OF HOUSING AND URBAN The above nominations were approved DEVELOPMENT subject to the nominees' commitments to DEPARTMENT OF THE TREASURY Patricia Roberts Harris, of the District of respond to requests to appear and testify w. Michael Blumenthal, of Michigan, to be Columbia, to be Secretary of Housing and before any duly constituted committee of the be Secretary of the Treasury. Urban Development. Senate.

EXTENSIONS OF REMARKS OCEANIC OIL POLLUTION which tanker accidents and offshore leaks 2. As "fallout" from the atmosphere, prob­ play a relatively small part-and they sug­ ably as particles or in rain. gest possible courses of action to control the we shall consider all these sources except HON. G. WILLIAM WHITEHURST problem. Revelle is director of the Harvard accidental spills as constituting the base load OF vmGINIA Center for Population Studies and former of oil polution in the sea. director of Scripps Institution of Oceanogra­ ACCIDENTAL OIL SPILLS IN THE HOUSE OF REPRESENTATIVES phy; Wenk, a specialist in ocean engineer­ At present, the average annual influx to Wednesday, January 19, 1977 ing and public affairs, ls a professor at the ; Ketchum is as­ the ocean from accidental oil spills through­ Mr. WHITEHURST. Mr. Speaker, I sociate director of Woods Hole Oceanographic out the world is probably about 200,000 tons. have the privilege of serving as a mem­ Institution; and Corino ls with the Esso Most of these spills are relatively small. Out ber of the board of directors of the Research and Engineering Company.) of 714 recorded accidental spills in U.S. wa­ At the present time, the most conspicu­ ters in 1968, approximately half were from Oceanic Educational Foundation, an or­ ships and barges, most of which were docked ganization which has as its goal the es­ ously detrimental effects of oil pollution of the ocean are localized in extent and are at the time of the accident. About 300 spills tablishment of world ocean education, caused by accidental spills in near-shore occurred from shore facilities of various covering the many aspects of the study of areas. These loci of concern, however, poten­ types, and a few resulted from ships dragging the sea, at all levels in the American tially include the coastal zones of every anchor across submarine pipelines in bays. school system, in order to bring the seas continent and every inhabited island so that Even under carefully controlled conditions into educational balance with the land the problem of accidental spllls ls of world­ accidental oil spills in port are negligible. to sustain the future prosperity, safety, wide significance. Projections of future Milford Haven, a relatively new British oil growth in ocean transport and offshore pro­ port, is adjacent to a national park, and great and security of citizens through knowl­ efforts have been made to control and pre­ edge of the world's oceans. duction of petroleum indicate that both the frequency and the damaging effects of local vent oil pollution. In 1966 the annual turn­ In that connection I recently received accidents are likely to increase. over at Milford Haven was 30 million tons a copy of Oceans: Our Continuing Fron­ Although accidental oil spills cause the with losses amounting to 2,900 tons or 0.01 tier, the courses by Newspaper Reader most evident damage to ocean resources, they percent of the total amount handled. which is a project of the University of make up a small percentage of the total Accidental oil spills resulting from strand­ amount of oil entering the marine environ­ ing or collision of large tankers and from California, San Diego, university exten­ accidents to offshore drilling or producing sion program. At this point in the REC­ ment. At least 90 percent of this amount originates in the normal operations of oil­ wells deserVl?dly attract much public atten­ ORD, I would like to share with my col­ carrying tankers, other ships, refineries, tion because of the extensive damage done leagues one of the articles from that ex­ petrochemical plants, and submarine oil to beaches, recreational areas, and harbors. cellent book. It was written by Roger Re­ wells; from disposal of spent lubricants and The wreck of the Torrey Canyon, which dis­ velle, Edward Wenk, Bostwick Ketchum, other industrial and automotive oils; and by charged 118,000 tons of crude oil in to the sea, and Edward Corino, and it deals with the fallout of airborne hydrocarbons emitted by is the best known example although some­ subject of oceanic oil pollution. It is motor vehicles and industry. The extent and what smaller tanker wrecks have occurred character of the damage to the living re­ elsewhere, such as off Nova Scotia and Puerto well worth reading, as is the rest of the Rico. All large accidental spills to date have material in this book, and it points up the sources of the sea from this "base load" of oil pollution is little known or understood. occurred fairly near shore, and the spreading need for a concerted, international effort In the long run it could be more serious, be­ sheet of oil has drifted or has been blown by to prevent further damage to the oceans cause ~ore widespread, than the localized winds onto beaches and into shallow water of this world. damage from acclden tal spills. areas. Present efforts to contain and to dis­ I have previously mentioned my bills The magnitude of oceanic oil pollution is pose of the oil before it does extensive dam­ toward this end, H.R. 711 and 712, and likely to increase with the worldwide growth age have been singularly ineffective. Agents of petroleum production, transportation, and such as talc, clay, and carbonized sand have House Joint Resolution 134, and I ear­ consumption. World crude oil production been used to sink the oil. Various dispersing nestly hope that legislation of this kind reached 2 billion tons per year in 1969, and agents have been developed which break up will receive favorable consideration in production of 3 billion and 4.4 billion tons the oil into minute droplets that are subse­ this session. Criteria for tanker safety per year is predicted for 1975 and 1980, quently dispersed throughout the water. must be established, and international respect! vely. Earlier versions of these chemical dispersants treaties need to be brought up to date were more toxic than the oil, but a number SOURCES OF PETROLEUM HYDROCARBONS IN THE of essentially nontoxic dispersants are now and promptly ratified. We have very lit­ SEA available. Even with a nontoxic dispersant, tle time left. Petroleum hydrocarbons enter the sea: dispersed oil is more toxic to marine life than OCEANIC OIL POLLUTION 1. Directly an oil slick on the surface, primarily because (By Roger Revelle, Edward Wenk, Bostwick a. in accidental spllls from ships, shore fa­ of its increased availabllity to the organisms. cilities, offshore oil wells, and underwater With all our vast inventory of chemical Ketchum, and Edward Corino) pipe lines; (011 pollution is not confined to coastal agents, the best and safest means of disposal b. from tankers flushing oil tanks at sea; is apparently still absorption on chopped areas; it poses an eventual threat to the c. from dry cargo ships cleaning fuel tanks ecosystems of the oceans of the world. straw, if conditions permit. and bilges; The danger of large-scale accidents is in­ Furthermore, as consumption of oil increases d. from leakage during normal operation in our ever-expanding technological society, creasing with the increasing size of tankers. of offshore oil wells; Four 327,000-ton ships are already in opera­ the problem of oil pollution is also likely e. from operation of refineries and petro­ to increase. In the following selection, Roger tion; vessels of 500,000 dead weight tons will chemical plants; soon be constructed, and 800,000-ton vessels Revelle and three other experts analyze the f. in rivers and sewage outfalls carrying extent and character of oil pollution-in have been projected within the next few industrial and automotive wastes; and years. These monster ships have so much January 20, 1977 EXTENSIONS OF REMARKS 1899 draft and inertia and are so difficult to handle tion abatement will occur. Many of the ne'7 natural seepages, within a few million years that a stranding or collision is more likely wells will be drilled off the coast of nations this would exceed the total estimated oil to result in a destructive wreck than with that do not h-ave the technological capabil­ _reserves of the entire earth. Second, we know smaller ships. A loss of one of the new large ties to enforce good drilling and production from the Santa Barbara and Louisiana well tankers under conditions where it would be procedures or to deal with massive spills. accidents that any natural oil seepage pro­ impossible to off-load the oil would add About 300,000 tons of oil are lost to the sea ducing even a few thousand tons of oil per around 20 percent to the amount of petro­ each year through normal operations of refin­ year would have resulted in very conspicuous leum entering the oceans in a single year. eries and petrochemical plants. The estimate slicks of oil spreading over large areas of the Although handling difficulties increase is based on extensive data from the American surface. No such large natural slicks have with size, the increase is not directly pro­ Petroleum Institute and private surveys by ever been observed. Typically, natural seeps portional to size. Moreover, larger ships refineries and industry organizations. With produce quite small quantities of oil which means fewer ships, and, therefore, traffic can pre::ent pollution control measures this fig­ occasionally bubble up to the surface and be considerably reduced. Fewer ships also ure could grow to 450,000 tons in 1975 and produce small slicks. We estiinate, therefore, means crews can be limited to highly quali­ 650,000 tons in 1980. If wme improvements that oil coming into the marine environment fied personnel, and they can be better in pollution control are made, as predicted before the human use of petroleum began trained. The larger tankers could also afford by the U.S. Federal Water Quality Adminis­ must have been considerably less than to install highly sophisticated navigation tration, oil lo.st to the sea from refineries and 100,000 tons per year, less than 5 percent of gear which might be prohibitively expensive petrochemical plants could drop to 200,000 the present 2.2 million tons a year injected for the many smaller ships. tons in 1975 and 440,000 tons in 1980. directly from land and marine sources. Spectacular "blowouts" from offshore oil Industrial and automotive waste oils and Another point of comparison with today's well drilling and production make up a sur­ greases constitute a significant source of oil annual influx of oil comes from the sinking prisingly small fraction of the total influx pollution in the marine environment. These of tankers and ships in World War II ... The of oil to the ocean environment. For example, include all petroleum products, except fuel, total quantity of oil lost in the ocean during the widely publicized Santa Barbara blowout m:ed and discarded in the operation of motor the six years of World War II thus may have has so far produced only between 3,000 and vehicles and industrial production, for exam­ been a.bout twice the annual direct influx to 11,000 tons of oll. Similarly, the accident to ple, spent lubricants, cutting and hydraulic the ocean at the present time. As far as we a producing well off the Louisiana coast, oils, coolants, and solvents. Much of the dis­ know, no permanent damage was done to which began on February 10, 1970, and lasted posal of these wastes occurs by dumping on the ocean ecosystem by these rather large until the end of March, released only about land. An estimate of the quantity eventmilly releases, perhaps in part because most of 4,300 tons of oll. These figures emphasize finding its way into the ocean can be made them occurred far from land in relatively the enormous amount of damage that ca.n from measurements of the hydrocarbon con­ deep water, and in part because much of the be done by a. relatively small amount of oil centrations in river waters, multiplied by the oil may have escaped into the sea very concentrated over a relatively small, previ­ total river discharge, plus "?;he amounts con­ slowly, as the sunken tanks corroded away. ously uncontaminated area. With present tributed by sewage treatment plants which A great variety of hydrocarbons is pro­ drllling and production technology, accidents discharge directly to the oceans. . . . Riv­ duced by marine plants. . . . f It is estimated of this kind are nearly inexcusable. Prevent­ ers discharge ... approximately 150,000 tons thatl about 3 million tons of hydrocarbons ing them depends on institutional changes, of hydrocarbons annually ... to the oceans enter the ocean from organic activity each not technical ones. from the United States or about 450,000 tons year. SOURCES OF THE BASE LOAD OF OIL POLLLUTION for the entire earth. Perhaps as much as The direct influx of petroleum hydrocar­ IN THE SEA 150,000 tons of oil and grease are discharged bons to the ocean is small compared to the Most oil production occurs at some dis­ to the ocean in municipal ~wage effluents emission of petroleum products and chemi­ tance from processing and marketing areas from U.S. cities and towns. A large fraction cally produced hydrocarbons to the atmos­ and consequently much crude oil is trans­ of oils and greases in sewage do not originate phere through evaporation and incomplete ported in oceangoing tankers. In 1969, 1.3 from petroleum. If we assume that one-third combustion. The emission of petroleum hy­ billion tons, or about 65 percent of total oil of sewage oils and greases are petroleum drocarbons to the air each year is about 90 production, was carried in tankers. Projec­ hydrocarbons and multiply by three to give mlllion tons, roughly forty times the amounts tions by the U.S. Department of Transporta­ the world total value we arrive at 100,000 of these substances entering the ocean di­ tion indicate that the amount of oil moved tons per year from this source. Thus all in­ rectly from ships, shore installations, rivers, by tankers will increase to 2.8 billion tons by dustrial and automotive petroleum wastes and the sea floor. Most of the hydrocarbons 1980. entering the ocean may be about 550,000 tons. emitted to the atmosphere may be oxidized Normal tanker operations (ballasting, tank This amount should increase at a.bout the to harmless substances within a relatively cleaning) were estimated to have introduced same rate as total oil production, namely, to short time. It is known that others are 530,000 tons of oil to the sea in 1969. Eighty a.bout 825,000 tons by 1975 and 1.2 million combined with nitrogen oxides and ozone to percent of the world fleet used control meas­ tons by 1980. produce substances that a.re highly toxic to ures ("Load on Top" or LOT). If LOT wer-e All the preceding estimated direct losses land plants. A fraction of the petroleum hy­ practiced faithfully, these ships would con­ to the marine environment made up approx­ drocarbons emitted to the atmosphere exists tribute only 30,000 tons of the total losses imately 2.2 million tons per year in 1969: as, or is absorbed on, very small particles, or compared to 500,000 tons from the 20 per­ ( In millions of tons J becomes caught in rain, just as happens to cent not using such measures. If LOT were Accidental spllls ______0.2 DDT and other chlorinated hydrocarbon pesticides. Much of this fraction may settle used on all tankers, only 56,000 tons would Tanker operations______.5 be expected to be lost to the ocean through out on the surface of the ocean. If 10 percent Other ships______.5 of the petroleum hydrocarbons emitted into normal operations in 1975 and 75,000 tons in Offshore production______.1 1980. If 20 percent of the fleet continued to the atmosphere eventually find their way to Refinery operations______.3 the sea surface in this way, the total hydro­ operate in the present fashion, total losses Industrial and automotive wastes______.6 in 1975 and 1980 would be 800,000 and 1.06 carbon contamination of the ocean would be Inillion tons, respectively. Total ------2.2 about five times the direct influx from ships Nontankers, dry cargo ships of greater than The total is expected to increase to be­ and land sources. This quantity should be 100 gross registered tons, are estim:ated to tween 3.3 and 4.8 million tons by 1980 ... expected to increase about as rapidly as the have discharged 500,000 tons to the ocean in Petroleum hydrocarbons entering the sea total petroleum production, which means 1969, primarily from pumping bilges and from all the above sources are about 0.1 per­ more than doubling by 1980. cleaning operations. This estimate is of low cent of world oil production. If the possible PHYSICAL CONCENTRATION AND DISTRmUTION OF reliability because available data. are very fallout of airborne hydrocarbons on the sea OIL POLLUTION limited. The total amount, however, is com­ surfac.e is added, the total amount of oil and Neither the base load of hydrocarbons nor parable to that generated by the tanker oil products contaminating the ocean may be the concentrated accidental sources can be fleet. as much as 0.5 percent of world production. expected to be distributed uniformly Offshore oil production is estimated to To give these figures perspective, we can throughout the ocean. Obviously the inten­ discharge during normal operations about make two historical comparisons. sity will be greatest near the sources and un­ 100,000 tons per year. At present, offshore Oil pollution of the marine environment loading points and the most heavily affected production accounts for about 16 percent of existed long before the first oil well was areas will be near the coasts. total crude production. This percentage Is drilled. This pollution came from natural It is likely that most of the oil entering the expected to increase in the future, as new seeps on the sea floor. There has never been sea from ships, rivers, and the sea floor ends underwater fields are discovered and new any measurement of the quantity of oil en­ up in a narrow zone near shore at most only technology permits extension of drilling and tering the ocean from such natural seepage a few kilometers in width. Some of this oil production into deeper water. Estimates of areas, but two lines of evidence indicate that will become absorbed on clay, silt, sand losses for 1975 are 160,000 to 320,000 tons and it must be quite small, compared to the grains, and other particles and will settle to for 1980 are 230,000 to 460,000 tons. The present amounts of oil entering the ocean the bottom. The oil remaining in the water smaller figures a....~ume that offshore produc­ because of human activities. First, if much will evaporate or become oxidized. Biodeg­ tion will continue to represent 16 percent of oil had continually seeped into the ocean, all radation of the bottom-deposited oil will world production, and the larger figures as­ of the petroleum reserves would have long also gradually occur, but fractions of the sume 32 pe'rcent. In both cases the a&Sump­ since disappeared. For example, if 100,000 bottom-deposited oil will continue to dis- tion is Ina.de that no improvement in pollu- tons of oil per year entered the ocean from perse into shallow overlying waters for CXXIII--120-Part 2 1900 EXTENSIONS OF REMARKS January 20, 1977 months or years. This Inshore zone 1s the covering 1.2 acres.) Oxidation may be inhib­ A determination by the Government or most sensitive to severe damage to the living ited in areas where the oxygen content has anyone else as to whether our nation's se­ resources of the sea from direct pollution by been lowered by previous pollution, and the curity requires the withholding from public oil. bacterial degradation may cause additional view of any particular document or docu­ Submarine reservoirs of petroleum are like­ damage through oxygen depletion. ments is not a matter requiring military ly to be found on the continental shelves of The rate of oxidation is strongly affected or other highly specialized expertize. almost every continuent, and the incidence by the temperature of the water, being at of local contamination from underwater least ten times slower at 40°F than at 80°, Mr. Sorensen went on to say that his drilling and production on the continent.al and much slower still when the water is near affidavits in the Pentagon Papers cases margins will ultimately be widespread. freezing temperature. "accurately described the practices then Sources from ships as a result of tank prevalent in Washington." He also said cleaning, bilge pumping, and accidents wlll he never "approved of anyone" who be expected to follow the pattern of tanker "compromised the national security of and other cargo routes, with the highest con­ SORENSEN EVADES ISSUES OF this country." Yet his affidavits were in centrations near ports and harbors and in SUBSTA:r-..CE support of the theft and dissemination semienclosed seas such as the Mediterranean, the Black and North Seas, the Persian Gulf, of top secret Defense Department docu­ and the Gulf of Mexico. The total area of HON. LARRY McDONALD ments by Ellsberg and Russo, and his these water bodies is slightly over 2 percent affidavits implied his own actions were of the area of the ocean, but perhaps one­ OF GEORGIA somewhat similar. fourtb. of the total oil pollution from ships IN THE HOUSE OF REPRESENTATIVES Sorensen denied he improperly took and land sources may occur in them. The Thursday, January 20, 1977 classified and other Government docu­ future development of oil production in the Alaskan North Slope and the Canadian Mr. McDONALD. Mr. Speaker, in an ments with him when he left White Northern Archipelago may produce serious overwrought, highly emotional state­ House employment in 1964, but he went contamination in the Artie Ocean. Regional ment made before the Senate Select on to admit that although some of the international agreements may be the most Committee on Intelligence Monday, documents had been produced by him, effective way to deal with the concentration Theodore C. Sorensen complained of many of them had been produced by of pollution in such semienclosed seas. other people or had been made available On the high seas, winds and ocean currents "personal attacks on my integrity." How­ ever, Mr. Sorensen was appearing to to him only because of his White House will bring about a convergence and retention employment. In the recent controversy of concentrations of hydrocarbons in the make his statement before any witnesses subartic and equatorial convergence zones were heard either on his behalf or in over Secretary Kissinger's files, Mr. Kis­ such as the Sargasso Sea. Workers from the opposition to his nomination as Director singer had only claimed ownership of Woods Hole Oceanographic Institution have of the Central Intelligence Agency and material he had produced. found that oil globules and tar balls a.re more had not been the subject of any personal Sorensen then went on to an involved abundant in the Sargasso Sea than the Sa.r­ attack. But he was by then well aware attempt to justify his removal of an ad­ ga.ssum weed for which the sea. is named. mitted 76 cartons of documents which Probably most of the hydrocarbon fallout of the evidence developed from his publi~ from the air on to the sea surface occurs in acts and statements which proved his indicates his double standard of public the mid-latitudes of the Northern Hemis­ unsuitability for the post. morality. He specifically stated that no phere. These latitudes contain the trajec­ On Tuesday, January 18, Mr. Sorensen "communications intelligence" docu­ tories of the winds blowing from the in­ appeared on a national television pro­ ments were among the 76 cartons he dustrialized countries. If hydrocarbons de­ gram, and in the course of an interview removed from the White House. Yet posited from the air formed a. surface film said that those who opposed his nomi­ among the documents in the two volumes over most of the North Atlantic, its thickness among very many of the Pentagon pa­ might be about 1,000 angstroms.1 Such a nation were "able to seize upon events in film should be detectable by suitable optical my life, which were totally innocent, and pers which Sorensen specifically declared methods and might have physical as well as to distort them and to lie about them and to be "innocuous" were communications biological effects. It is more likely than most spread these false accusations." which had been transmitted in our top if the oil is in small particles, droplets, or Making no attempt at refutation, Mr. codes marked "Top Secret--!or the eyes tarry lumps, [ ... ] and that much of it Sorensen continued by making an attack of the President only." A foreign intelli­ settles quickly below the surface. As we shall on unnamed Members of the Senate gence agency, by comparing the clear see, oil films and droplets near the surface saying, text with the coded transmission, can be and DDT and other oil-soluble chlorinated aided greatly in breaking our crypto­ hydrocarbons may have combined effects on There is a different standard for Sena.tors the high seas which may do serious damage who are permitted to leak, permitted to have graphic techniques. By his specific denial to open ocean ecosystems. conflicts of interest, permitted to utter the that he had removed communications in­ most hypocritical statements, regardless of telligence documents for his own use, MODES OF HYDROCARBON REMOVAL FROM truth, and dissemble in other ways. THE OCEANS Sorensen shows clearly that he does un­ Hydrocarbons in the sea are diluted and As one who respects our Senate, and derstand the significance of communica­ dispersed by natural mixing and eventually also as one who vocally opposed the tions intelligence documents to an enemy disappear by microbial or physical oxidation, nomination of Mr. Sorensen, I believe intelligence service: Why then did he evaporation, and burial in the bottom sedi­ that the record should be set straight, defend Ellsberg's theft of the same sort ments. of classified material? Hydrocarbons dissolved or suspended in the and his statement, a well-crafted exer­ water column are eventually destroyed by cise in evasion and innuendo, briefly When questioned by the press in a bacteria, fungi, and other microorganisms. analyzed. news conference immediately following Some workers have found that the most toxic First, Mr. Sorensen said that it was his statement, Sorensen was asked as to compounds are also the most refractory to "totally false" that he had leaked classi­ whether he would condemn Ellsberg's microbial destruction, though the evidence fied information for political purposes. actions now. He refused to answer saying is somewhat conflicting on this point. He then admitted that he had leaked that it was irrelevant in 1977 even though No single microbial species will degrade any his support of Ellsberg was a major fac­ whole crude oil. Bacteria are highly selective classified materials to the press when di­ and complete degradation requires numerous rected to do so by the President. He ad­ tor in his own unsuitability for high different bacterial species. Bacterial oxida­ mitted that he had removed classified office. tion of hydrocarbons produces many inter­ material from the White House while he In his attempt to shift his personal mediates which may be more toxic than the worked there and had taken it home. responsibility for the removal of White hydrocarbons; therefore, organisms are also This is an exceedingly lax practice, yet required that will further att.ack hydrocarbon Mr. Sorensen did not say whether in re­ House and classified documents onto decomposition products. others, Sorensen stated that a General flection he now considered that im­ The oxygen requirement in marine bac­ Services Administration official had in­ terial oil degradation is served. Complete oxi­ proper. It is not only improper, but in­ dation of one gallon of crude oil requires dicative of those who feel that by virtue formed him that the documents Sorensen all of the dissolved oxygen in 400,000 gallons of high office they are above the law. had created and accumulated were his of air-saturated seawater at 60°F. (This is This arrogance is further demon­ personal property. This appears to be a equivalent to a. layer of water one foot deep strated in Mr. Sorensen's sworn state­ brandnew function for GSA, whose au­ ment filed in 1971 in the case United thority over building maintenance Mr. 1 Ed. note: One hundred-millionth ( 10-s) States against The New York Times Co. Sorensen would increase to include de­ centimeter. in which he said: classification of documents classified by January 20, 1977 EXTENSIONS OF REMARKS 1901 other and duly authorized Government foreign principals, Mr. Sorensen stated grounders provided to the White House agencies. on December 22, 1976, at a Plains, Ga., be considered experience in intelligence. Mr. Sorensen admitted that after using press conference that he had never reg­ Mr. Sorensen stated as part of his those documents to write a book for his istered as a foreign agent because there is qualifications that he has written and personal profit, he donated them to the an exemption for legal services under the lectured widely on international affairs. National Archives and took a tax deduc­ Foreign Agent Registration Act. Yet in Again, that does not make Mr. Sorensen tion reported in the New York Times as his Senate Intelligence Committee state­ an expert in the principles of intelligence being $231,000. ment, Mr. Sorensen admitted that he had gathering. I would also note that among Sorensen stated with regard to his two represented Iran, Zaire, Sierra Leone, his lectures were speeches in 1967 and affidavits for the defense in the Pentagon and the Canadian province of Newfound­ 1968 before businessmen's associations in papers cases : land in commercial disputes or negotia­ which he advocated increased trade with I make no apology for having responded tions. Under the law and as a matter of the Soviet Union despite Russian equip­ to the requests of counsel in both cases to professional ethics, Theodore Sorensen ping and sponsoring the North Vietna­ attest to the inconsistencies and anomalities should have registered as a foreign agent. mese Communists who were killing U.S. of government classification practices. After asserting that all of these points servicemen in Vietnam. Mr. Sorensen But Mr. Sorensen was not testifying about his past public activities-which stated he had met with Soviet Foreign about Government classification pro­ contrary to logic, Mr. Sorensen insisted Trade Minister Nikolai S. Patolichev who cedures. were private, Mr. Sorensen said there also, of course, supported U.S. sales of Mr. Sorensen was testifying about the were only two legitimate questions which high technology items to the U.S.S.R. wanton violation of those classification could be raised about his qualifications: But Mr. Sorensen did not tell his audi­ procedures by persons taking advantage "my experience in intelligence" and "the ence that he was then representing of their closeness to the President to question of my views." American business interests seeking to avoid punishment for their actions. Mr. Sorensen stated in his Ellsberg expand their sales to the Soviet Union, These people demonstrated they had no affidavit that he had, during his employ­ and that an increase in such trade would respect for the procedures instituted to ment by President Kennedey as White be of direct financial benefit to him and protect our country's secrets. And in the House Special Counsel, participated in his firm. New York Times Pentagon papers pub­ National Security meetings. In his testi­ With regard to his views, a topic he lication case, Sorensen testified he felt mony for the defense in the trial of Dan­ feels is legitimate, Mr. Sorensen stated the release of the secret documents a iel Ellsberg and Anthony Russo, Mr. that he is not a pacifist. But I believe I benefit to the United States. Sorensen further stated: have already sufficiently discussed the Further, as most of my colleagues who I attended, after the Bay of Pigs [April 17, hypocrisy of a man who states he has are lawyers by profession well know, in 1961], virtually all of the formal meetings of been ready to risk other men's lives in defending a criminal trial, the defense the National Security Council. I was not a military actions he personally finds statutory member, but was asked by the morally repugnant. counsel is particularly careful as to what President to sit in and observe. questions are asked of a friendly witness Equally serious is Mr. Sorensen's state­ and bow they are asked. In the Ellsberg ment that he would virtually abolish President Kennedy, very frankly, regarded clandestine CIA activity. In his 1975 case, Mr. Sorensen was cooperating with the National Security Council formal meet­ Leonard Boudin, for decades a member ings as something of a formal bore. He pre­ book, "Watchmen in the Night," Soren­ of the Communist Party's foremost legal ferred to make real decisions on foreign pol­ sen wrote: bulwark, the National Lawyers Guild, icy in smaller sessions with those officials The covert political and paramilitary oper­ whom he regarded as being particularly in­ ations of the CIA (as distinct from its foreign whose firm has been the representative formed and particularly concerned. intelligence and analysis functions) still of the brutally repressive Communist occupy too much of its budget and person­ regime of Fidel Castro in Cuba since Mr. Speaker, it should be noted that I nel. • • • The continuing value of these clan­ 1961. am only referring to the Russo/Ellsberg destine operations and their effect on U.S. Both in his statement to the Senate trial, a matter on which Mr. Sorensen foreign relations should be critically reexam­ Select Committee on Intelligence and on complained at the Senate Intelligence ined • • • in the light of progress toward television, Mr. Sorensen made reference Committee hearing, because Mr. Soren­ detente, developments in international and sen himself made no mention of any constitutional law, the new technology of to his pacifist views and his former con­ intelligence collection and analysis, and the scientious objector status as reasons for association with the National Security demonstrated ineffectiveness of any foreign anonymous attacks on him. Council in his New York Times Pentagon operations, overt or covert, which are not Mr. Speaker, my statements regarding Papers publication affidavit. backed by a broad national consensus. The transcript of a Plains, Ga., press Mr. Sorensen's conscientious objector In his Senate statement, Sorensen said status and its implications were certainly conference on December 22, 1976, quotes Mr. Sorensen as saying, he favored a foreign policy that prefers not anonymous, and were clearly identi­ where possible the risks of peace to the fied in the press and on the wire services I did serve on the Executive Committee of risks of war and that believed in: as being made by me. Let me reiterate, I the National Security Council under Presi­ dent Kennedy. The application of moral and legal stand­ do not believe that the Director of the ards to national irecurity decisions, including CIA, some of whose employees daily risk Again~ under oath, Mr. Sorensen.spoke the limitation of covert operations to ex­ their lives in the service of their country, to the Senate Intelligence Committee of traordinary circumstances involving the vital should be a conscientious objector. Mr. my service on the Executive Committee national interests of our country, with timely Sorensen registered as such 4 years be­ of the National Security Council. review by the appropriate Congressional fore the outbreak of the Korean war; he The difference between being a non­ Committees and written authorization by made sure that he was not compelled to participating observer and service on the the President and his senior Cabinet officials. serve when that war broke out. Mr. Sor­ Executive Committee is considerable; Here we have Mr. Sorensen advocating ensen spoke of preferring service on the and this play with words was, I believe, policies also pressed by groups reflect­ battiefield as a medical corpsman saving indicative of Mr. Sorensen's imaginative ing the policies of Moscow and Havana lives instead of taking lives but he per­ skill to which I made reference in the such as the Institute for Policy Studies, formed no such service. testimony I prepared on his nomination. Center for National Security Studies Mr. Sorensen also said that while he See CONGRESSIONAL RECORD, Jan. 17, 1977, and Center for Defense Information, sought conscientious objector status for pages 1341-42. which hold that the United States should himself, he was quite prepared to advise As he made clear in his Ellsberg testi­ restrict its intelligence agency to mere the President to use his military options, mony, Mr. Sorensen was not involved in collection of publicly available docu­ in other words the lives of other men, in setting policy. He was a White House ments-a joke in Communist countries, the furtherance of U.S. foreign policy. I speechwriter, responsible for articulating and the long-range technical collection maintain that it is the height of hypoc­ policies developed by others and explain­ of information such as satellite photos ricy to be willing to send other men to ing them to the press and public. Speech­ and the monitoring of radio broadcasts. do what you say you find personally writer to the President is an honorable Under these rules the United States repugnant. position, but in no way can the reading may not develop another General Pen­ With regard to Mr. Sorensen's work for of the daily CIA summaries and back- kovsky or use any other person as a 1902 EXTENSIONS OF REMARKS January 20, 1'977 covert intelligence agent; nor can the of various papers In the name of national try, by enjoining a free press a.nd permit­ United States provide any covert assist­ security. ting the·concealment of official error, thereby ance, financial, technical or whatever, to 3. Having read the materials appearing 1n erase still one more important distinction the New York Times on June 13, 14 and 15, between ourselves and our adversaries. any free world ally, whether countr.y, 1971, I am familiar in a general way with 8. I understand that this affidavit wm be group or individual, who is fighting Com­ the Times' publication of summaries of, ex­ submitted in opposition to the motion made munist subversion. cerpts from and documents attached to a on behalf of the Plaintiff for an order en­ We have heard from representatives historical study of this nation's deepening joining further publication by the New York of the American Civil Liberties Union involvement in the Vietnam War conducted Times of this material. which is working closely with the above­ by the Department of Defense. THEDORE C. SORENSEN. 4. A determination by the Government or NEW YORK, N.Y., June 17, 1971. named groups the bizarre morality used anyone else as to whether our nation's secu­ to condemn covert operations--that any­ rity requires the withholding from public [U.S. District Court for the Central District thing covert requires a c-0ver story and view of any particular document or docu­ of California, No. 9373-(WMB)-CD] that a cover requires deception, decep­ ments is not a matter requiring military or UNITED STATES OF AMERICA, PLAINTIFF, VS. tion requires lies, and therefore all co­ other highly specialized expertise. The highly ANTHONY JOSEPH Russo, JR., DANIEL ELLs­ vert activities are "immoral" and must individual and frequently arbitrary opinion BERG, DEFENDANTS be abolished. of the classifying officer is thus entitled to no or little more weight than the opinion of any STATE OF NEW YORK, It is a perversion of morality to argue other informed and concerned citizen. "Top County of New York, ss: that in 1977, faced with the activities secret" stamps are frequently and routinely Theodore C. Sorenson, being duly sworn, of hostile intelligence agencies in the applied with only the briefest and loosest deposes and says: service of aggressive totalitarian regimes consideration of what, if any, direct and 1. I am a member of the law firm of Paul, who have vowed our ultimate destruc­ concrete injury to the nation's security in­ Weiss, Rifkind, Wharton & Garrison, 346 tion, the United States must forswear terest would result if the general public Park Avenue, New York, New York. any secret methods of finding out what were to be granted access to the informa­ 2. Having served as a lawyer in both the tion; and, once applied, the tenure of such Executive and Legislative branches of the our enemies intend and of aiding our classifl.cation rarely if ever reflects a thought­ Federal Government from 1951 to 1964, in­ friends. ful reconsideration of whether the passage cluding more than three years as Special In commenting on the Senate Intel­ of time and events has altered the original Counsel to the President, at which time I ligence Committee hearing for the bene­ grounds. The public's right to be informed, held a top security clearance, participated in fit of a TV audience Tuesday, Mr. Sor­ and the Congress' right to be informed, have National Security Council meetings, read ensen said, not to my knowledge been regarded as im­ classified documents daily, and drafted ma.ny portant criteria by those determining clas­ such documents to or for the President, I am I worry about a country in which an in­ sifications. very familiar with the United States Gov­ dividual who has done no wrong, who had 5. The nation's security does legitimately ernment's military, diplomatic and intelli­ not even been heard yet in his own defense, require the withholding from public view for gence operations, policies and practices, as could be condemned and prejudiced on the an appropriate period and no longer certain well as those regarding the classification of basis of these false, anonymous accusations. documents, including those which if revealed various papers in the name of national se­ But it was apparent that Mr. Soren­ could endanger or otherwise adversely affect curity. I regard myself as a devoutly loyal sen's statement and withdrawal from the lives or movements of American xnilitary citizen who ls proud of his years of public personnel. In addition, foreign governments service and who recognizes the need for a the nomination last Monday, and his are ordinarily entitled to expect that their limited amount of secrecy in government. press statements sinee have been de­ confidential communications to our govern­ 3. I can flatly state that "top secret" stamps signed to prevent the facts from being ment will be treated with the same regard are frequently and routinely applied with aired. He was not questioned by the for their wishes as they provide for our con­ only the briefest and loosest consideration of Members of the Senate Committee; nor fidential communications to them; and the what, if any, direct and concrete injury to were those prepared to testify to the President is ordinarily entitled to receive the nation's security interest would result if facts concerning him given the oppor­ the kind of candid advice and reports from the general public were to be granted access tunity. his top civilian and military subordinates to the information; and, once applied, the which is possible only if they can be certain tenure of such classifications rarely if ever Mr. Sorensen acted so that only his that words intended for his eyes alone are reflects a thoughtful reconsideration of own self-serving statements would ap­ not shortly thereafter transmitted to the whether the passage of time and events has pear on the hearing record; however, genej'al public. altered the original grounds. The public's the Senate Select Committee on Intelli­ 6. The question of whether any particular right to be informed, and the Congress's right gence did enter into the hearing record document or documents should remain secret to be informed, have not to my knowledge the affidavits Mr. Sorensen had made in today is thus one of balancing these inter­ been regarded as important criteria by those ests, and the New York Times, a Federal determining classifications. Nor is considera­ the Ellsberg and New York Times Penta­ Judge, a Senator or a citizen may be as capa­ tion given to the danger of irreparable injury gon Papers cases. ble of making that judgment as any one in to the national security interest of the THE SORENSEN AFFIDAVITS the Executive Branch. My own judgment United States if the public and Congress are Mr. Speaker, herewith are the full is that, on balance, publication by the New denied facts necessary for an informed judg­ texts of the affidavits which Theodore c. York Times of the documents in question in ment, enlightened debate, the correction of this case is not injurious to the national se­ mistakes, the discontinuation of invalid poli­ Sorensen submitted in the two Pentagon curity. No current or future military opera­ cies and strategies, and the prevention of a Papers cases, United States against New tions or present top government officials ap­ repetition of past errors. York Times Company, et al., and United pear to be involved in any way. No serious 4. I have frequently read classifl.ed docu­ States against Russo and Ellsberg: embarrassment to any foreign government ments containing information which was [In the U.S. District Court, Southern District appears to be involved. None of the infor­ not secret, or the secrecy of which was not of New York, Civil Action 71-2662] mation and opinions revealed appear to necessary for any conceivable purpose related UNITED STATES OF AMERICA, PLAINTIFF, V. THE have any current facets requiring continued to national security as distinguished from secrecy. NEW YORK TIMES COMPANY, ET AL., DE­ political embarrassment, or which the public FENDANTS 7. On the contrary I believe the national and Congress had every right and reason to STATE OF NEW YORK, security interests of the United States will know 1n a democracy. Many such documents County of New York, ss: be irreparably injured if these documents contained information which was well known Theodore C. Sorensen, being duly sworn, are suppressed from public and Congressional to this country's enexnies or adversaries who deposes and says: view; if the United States, on the verge of were involved therein; and thus the only several fateful decisions in the Middle East, people denied this inforrr..ation as a result 1. I am a member of the law firm of Paul, Latin America and Asia, is thereby prevented of the classification of the documents were Weiss, Goldberg, Rifkind, Wharton & Garri­ as a nation from learning the true history the members of the Congress and the general son, 345 Park Avenue, New York, New York. of what went wrong in Vietnam; if the same public. 2. Having served as a lawyer in both the policies of concealment and deception which 5. During my years in the White House it Executive and Legislative branches of the prevented debate and produced mistakes in was not unusual for me or other government Federal Ooverni:nent from 1951 to 1964, in­ this nation's approach to Vietnam are there­ officials to have photocopied or otherwise re­ cluding more than three years as Special by Judicially encouraged to continue; 1! the produced classi.tl.ed documents or excerpts Counsel to the President, at which time I very purpose of this objective historical study therefrom; to take such documents home for held a top security clearance, read classified is thereby frustrated, and the cost in time review; or to quote from them, summarize documents daily, and drafted many such and talent invested in its evolution wasted, them, or otherwise utilize them in "off-the­ documents to or for the President, I am very by confining its circulation to a handful of record," "background," or other kinds of ses- famlliar with the United States Govern­ high officials who largely supported the orig­ sions with one or more representatives of the ment's practices regarding the classifl.cation inal policy; and if the courts of this coun- news media and occasionally in speeches. No Janua"fy 20, 1977 EXTENSIONS OF REMARKS 1903

formal authority was sought or obtained for stories revealing details on new weapons; tions. No question was raised With respect t.o such use, and no investigation or prosecution on U.S. methods of detecting Soviet mis­ this publication. ensued. On the contrary, the President, Sec­ sile and other tests; on SAMOS and other 10. What all of the above bolls down to is retary of State, Secretary of Defense, Attor­ reconnaissance satellites; on the U.S. bar­ this: The government has always recognized ney General, Special Assistant for National gaining pcsition in advance of the Test and accepted the !act that arbitrary, incon­ Security Affairs, Director of C.I.A. and other Ban talks in Geneva; on the internal memo­ sistent and indiscriminate over-classification members of the National Security Council randum regarding military strategy from of documents exists; and that consequently knowingly and deliberately disseminated the Secretary of State to the Secretary of large amounts of classified material are such information from time to time in order Defense; on comparative U.S. and Soviet de­ passed from the government to the public­ to advance the interests of a particular per­ velopments in the use of nuclear propul­ sometlmes to the government's embarrass­ son, policy, political party or Department, or sion for submarines, carriers, aircraft, ment, occasionally even to its injury-as pa.rt the Administration itself or, in their opinion, rockets and power plants; and on a variety of the system of goverDling and living in an the national interest. Lesser officials often of Soviet weaponry developments, publica­ open soC'iety. Because classified labels have did the same for these reasons and others­ tion of which revealed to the Russians come to mean so little in practice, and be­ incl uding the maintenance of friendship our ability to monitor those developments. I cause the guidelines for classification, de­ with newsmen, a desire to demonstrate how was also informed that the technical de­ classification and utilization of classified ma­ much they knew or how important they tails of a nuclear weapon triggering device terial are so vague and obscure that no one were, a desire to undercut a rival official or had been leaked a decade earlier to Drew can be certain when they are violated, hun­ agency, or a desire to oppose a policy or pro­ Pearson. Being generally familiar with the dreds of violations of the letter of the law posal with which they disagreed. While the "Pentagon Papers" which appeared in the if it is broadly interpreted occur every President frequently expressed irritation over press last year, I know cf nothing in those month. The government bas accepted this as these· "leaks" of classified information and documents which compares in any way with an inherent part of our system and has relied documents, an investigation was rarely or­ the seriousness of some of the above men­ on the support of subordinates, on their dered and-even where the originator of the tioned disclosures. Revelations of past loyalty, consciences and self-discipline, and unauthorized dissemination was discovered­ strategy, discussion, considerations, pre­ occasionally on administrative procedures to prosecution was never ordered. dictions, information, priorities, plans deter and correct the dissemination of those 6. It was the view of President John F. and assessments, unlike the then-cur­ state secrets that a.re actually injurious to Kennedy "that the dangers of exclusive and rent information and technology revealed the national security. unwarranted concealment of pertinent facts in some of these cases, cannot com­ 11. I understand that this affidavit will be far outweigh[ed) the dangers which are cited promise current national security. But no submitted by counsel for the defense. to justify it ... No President should fear prosecution occurred in any of those cases. THEODORE C. 80RENSEN. scrutiny of his program. For from that 8. Classified documents or the informa­ scrutiny comes understanding; and from tion contained therein also reached public that understanding comes support or opposi­ view through the books and articles of tion. And both are necessary ... I have com­ former government officials. I have many A DISTINCTIVE APPROACH TO plete confidence in the response and dedica­ times observed this practice and par­ ELECTORAL COLLEGE REFORM tion of cur citizens whenever they are fully ticipated in it. In keeping with the informed ... (G]overnment at all levels must long-standing practice that the paper:, meet its obligation to provide you (the press) and files of the President and his top HON. GUY VANDER JAGT with the fullest possible information outside appointees belong to them and may be re­ OF MICHIGAN the narrowest limits of national security ..." moved from their offices at the conclusion (Address, American Newspapers Publishers of their service, I removed 67 cartons of IN THE HOUSE OF REPRESENTATIVES Association, April 27, 1961.) Even this speech, papers, documents and files of all kinds Thursday, January 20, 1977 in which the President at the height of the (7 cartons of which were "classified") from Cold War was concerned about the publica­ my office in the White House upon my de­ Mr. V ANDER JAGT. Mr. Speaker, tion of necessarily secret information and parture in February of 1964. I drew upon with the convening of the 95th Con­ appealed t o the nation's press to voluntarily this material, keeping some of it in my own gress and the 1976 contest for the Presi­ and privately consider its own responsibilities home, in writing the book "Kennedy," pub­ dency behind us, we are once again hear­ in this regard, he refused to propose, much lished in 1965. The classified material in­ ing appeals for amending the constitu­ less impose, any form of governmental re­ cluded copies of the Kennedy-Khrushchev straint, and spoke snarply against censorship, correspondence, the transcript of their sum­ tional mechanics of Presidential and concealment, the stifling of dissent and the mit meeting at Vienna, secret memoranda Vice Presidential elections. Predictably, covering up of mistakes, and urged only and directives relating to the Cuban missile the proposal to establish a direct popular self-discipline and self-restraint as the basis crisis, Berlin, Laos and Congo crises, and the election in lieu of the Electoral College for preventing harmful unauthorized dis­ Bay of Pigs, as well as other Presidential procedures is the focus of most discus­ closures. On the basis of many conversations letters and memoranda of conversations. Al­ sion. with the President on this topic, I know that though I generally did not use quotation However, we should bear in mind the this was consistent with his belief and prac­ marks when extracting classified material fact that while direct popular election is tice. He stated to me and others his belief and submitted portions of the manuscript that the press erred in withholding the ad­ for informal review to individuals who then the most democratic means of selecting vance information it possessed on the Bay of or previously served 1n high national se­ our highest officials, it is not the only ap­ Pigs invasion, inasmuch as revelation of the curity positions, I did not seek or obtain any proach which would overcome the perils real facts would have caused him to call off formal clearance or approval from the gov­ of current practice. There are alterna­ that ill-considered venture. ernment and was at no time questioned or tives which would meet the problems of 7. In the course of working on that speech reprimanded in this regard. The government, which astute observers every 4 years give for the President, and preparing for his sub­ speaking through the National Archives, warning, yet respect basic tenet.5 of the sequent meeting with the nation's top edi­ asked me as the lawful owner of these pa­ American constitutional system. tors on this topic, the Central Intelligence pers to donate them to the United States of Agency and others directed to my attention a America for eventual deposit in the John In the event it goes forward in this long list of unauthorized disclosures to the Fitzgerald Kennedy Library; and the gov­ area, whatever route Congress takes press which, in the opinion of the C.I.A., ernment, acting through the Internal Reve­ should eliminate the opportunity for seriously compromised our national security. nue Service, recognized that these were my electors to violate the wishes of their Some of these examples were summarized in property in granting a tax deduction for this States' voters and by casting their elec­ the aforementioned Presidential speech as gift. The legislative history of the Presi­ toral votes for someone other than their follows: dential Librari.es Act of 1955 and the Federal Property and Administrative Ser.ices Act of States' winners .in the popular contest.5. "[D]etails of this nation's covert prepara­ The "faithless elector'' poses unaccept­ tions to counter the enemy's covert opera­ 194'.J made clear that these were my papers tions have been available to every newspaper to dispose of as I saw fit, much as Sherman able uncertainty in our election system. reader, friend and foe alike; that the size, the Adams, Samuel Rosenman, We can achieve a correction to the faith­ strength, the location and the nature of our and a great many others had done before less elector problem by eliminating the forces and weapons, and our plans and me. Presidential electors as such, even while st rategy for their use, have all been pin­ 9. I also served as unofficial editor of the retaining the electoral votes and the pos­ pointed in the press and other news media to posthumously published manuscript on the itive values which they accord in our na­ a degree sufficient to satisfy any foreign Cuban missile crisis by Robert F. Kennedy tional political experience. power; and that, in at least one case, the pub­ entitled "Thirteen Days." That manuscript lication of details concerning a secret quoted from previously classified letters of Also, we should seek to overcome the mechanism whereby satellites were followed President Kennedy and Soviet Chairman distortion of the national popular vote required its alteration at the expense of Nikita Khrushchev, summarized a highly totals which commonly occurs within the considerable time and money." classlfied memorandum to the Attorney Gen­ Electoral College as a result of the "win­ Further examples provided to me after this eral from J . Edgar Hoover, and quoted a ner-take-all" nature of the States' pro­ speech included newspaper and magazine variety of extremely confidential conversa- cedures for choosing electors. Terminat- 1 1904 EXTENSIONS OF RE?,IARKS January 20, 1977 ing this practice would also lessen the as those to which the District of Colum­ to reform, the 95th Congress owes the impact of those States now deemed to be bia would be entitled if it. were a State. Nation a careful analysis of all poten­ ''pivotal" in Presidential elections by vir­ Two votes would be awarded auto­ tially fruitful alternatives before it would tue of an extraordinary weight which matically to the candidates for President launch a national amendment effort. they carry in the Electoral College. and Vice President winning the popular Toward that objective I am pleased to Drawing the influence of these populous, election in each State and the District. offer this proposal. industrial States closer to their propor­ These 102 votes in all, constituting tionate share of the national population slightly less than 20 percent of the total would not only advance the application electoral vote, would recognize the Fed­ of democracy's "one man, one vote" eral foundation of our gov.errunental sys­ BOY SCOUT TROOP 147 PLEDGE OF theme, but diminish the impetus for tem. The remaining 436 votes, or slightly GOOD CITIZENSHIP political parties to concentrate their more than 80 percent of the total. would campaigning in these areas of the coun­ be awarded to the candidates on the HON. JERRY M. PATTERSON · try. basis of the proportion of the national OF CALIFORNIA While the direct popular vote would popular vote that they receive. This pre­ achieve these objectives in the course of dominant segment of the total electoral IN THE HOUSE OF REPRESENTATIVES the t.otal change that it would bring, this vote would thus mirror national political Thursday, January 20, 1977 amendment proposal raises a number of sentiment in the same way thai; the more Mr. PATI'ERSON of California. Mr. sobering questions which should receive radical total substitution of the direct Speaker, on behalf of Boy Scout Troop our attention. First, political scientists popular vote for the Electoral College 147 from Garden Grove, Calif., I am and other observers of American poli­ would achieve. ple~sed to share with you today its tics traditionally regard the Electoral The proposal includes a provision pledge to President Ford and President­ College and its majority requirement as throwing the election into the Congress elect Carter of good citizenship and loy­ an extremely significant buttress sup­ only in the event of a tie in the electoral alty to this great country. porting our stable, two-party system. Few vote. In buch an unlikey instance, the Troop 147, during the 1976 Orange people seem to have any desire to under­ House of Representatives would choose County Scout-0-Rama on December 10, mine the foundations of our traditional the President, with each Member having 1976 demonstrated computer and elec­ party system and bring on the charac­ one vote as contrasted to the current tronics equipment. The computer print­ teristic instabilities inherent in m 11lti­ provision assigning one vote to each out which follows is the resu!t of this party systems. State's delegation. The Senate would demonstration. It contains their pledge Second, the direct popular vote total­ choose the Vice President. In both cases, of good citizenship, significant parts of ly nationalizes the Presidency's electoral two-thirds of the bodies would be the Declaration of Independence and base. Irrespective of sentiments in States, required for a quorum rather than the the Constitution, statements from other in theory a one vote margin in nation­ routine number. historical documents, as well as the wide popular voting would determine a Dr. Ralph M. Goldman, a political members of Troop 147. President. Without marked improvement scientist, discussed the implications of Mr. Speaker, as we embark upon a new in registration and voting procedures in this approach in a 1958 article published era of democratic leadership, it is befit­ the States, one could foresee very close in the Midwest Review of Political ting that we recognize these fine young elections to lead to charges of irregu­ Science, and capsulized its merits in a people who have pledged their loyalty to larity all over the country, and thus to recent letter to the Washington Post. this country. It is with their support, substantial confusion as to the ballot­ In his article he indicated that he had enthusiasm, and fresh ideas that we can ing's outcome. applied the proposed procedure to the work together to strengthen our democ­ Finally, as is implicit in the above com­ results of the 22 Presidential elections be­ racy, insure our freedom, and build an ment, the direct popular vote would de­ tween 1872 and 1956, making the unlikely even better America. prive the Presidency of one of the phil­ but necessary assumption that the fac­ The material follows: osophical and practical premises upon tors giving rise to the results would not DEAR MR. PRESIDENT: The Scouts of Troop which it now is founded, that of federal­ have differed. With the exception of the 147, El Capitan District, Orange County ism. SUch an amendment amounts to a disputed election of 1876 which Congress council of the Boy Scouts of America. wish further centralization of the Nation's ultimately decided in favor of Rutherford to extend to you their pledge to be good a.nd political processes and institutions at a B. Hayes despite Samuel J. Tilden's valuable citizens of this great country of time when there is no apparent con­ ours. To this end we ha.ve assembled wha.t popular vote victory, the winners would we feel a.re very significant pa.rts of the Dec­ sensus that would support such a shift. have been the same. However, reflecting laration of Independence, the Constitution The American people seem disinclined to a greater consistency to popular vote of the United States and other statements extend the distance between themselves results than that of current procedures, of import in American history together with and their major political institutions. the amendment's provisions would have a. statement of our support a.nd allegiance. In order to broaden Congress discus­ yielded substantially narrower margins To these we inscribed our names and those sion of the complexities of modifying of victory in the electoral balloting. of our friends in attendance a.t the 1976 Presidential election mechanics and to Apparently, application of the amend­ Orange County Scout-0-Rama.. place a distinctive approach before the Troop 147 is demonstrating a.nd display­ ment tb more recent elections would also ing equipment from the fields of electronics House Judiciary Committee, I am today have yielded the same winners as ac­ a.nd computers and it is with this equipment introducing a resolution proposing an tually occurred. This includes Jimmy that we have caused these statements to be amendment to the Constitution. Com­ Carter, whose electoral vote margin simi­ printed a.nd these names inscribed. pared to our current procedures, the pro­ larly would have been markedly reduced. Mr. President, it ls natural to ma.n to in­ visions of my proposal would carry us As I see it, this approach would serve dulge in the illusions of hope. We a.re a.pt to toward the objectives which advocates of well not only the cause of democracy, shut our eyes against a. painful truth. Is this the direct popular vote generally seek, but also that of federalism. In contrast the part of wise men, engaged in a great even while respecting the strengths of and arduous struggle for liberty? Are we to the direct popular vote approach, it disposed to be of the number of those, who, the system we now enjoy. Unlike a num­ would encourage the perpetuation of our having eyes, see not, a.nd having ea.rs, hear ber of other proposals advanced. in recent two-party system by according recogni­ not, the things which so nearly concern years, this one has received little prior tion to voter preferences within the 50 their temporal sa.lva.tion? For my part, what­ congressional consideration. However, its States and the District of Columbia. It ever anguish of spirit it may cost, I a.m will­ nonpartisan character is implicit in the would motivate our major parties to ing to know the whole truth; to know the fact that Senator , bring their campaign to all areas of the worst and to provide for it. Democrat of Minnesota, introduced a country. In eliminating the discourage­ we hold these truths to be self-evident, comparable resolution during the Sen­ ment of voters that may occur by virtue that all men are created equal, tha.t they are .endowed by their creator with certain un­ ate's debate of this subject in 1956. of the "winner-take-all" effect, it would alienable rights, that among these are life, Under my resolution we would elimi­ foster voter participation. liberty 11.nd pursuit of happiness. That to se­ nate the electors but retain the electoral Despite the presumed popularity of cure these rights, governments are instituted vote in its present size, 538, a number the direct popular vote proposal and the among men, deriving their just powers from which is the total number of Senators fact that the House of Representatives the consent- of the governed. And for the and Representatives in Congress as well in a prior Congress chose that approach support of this declaration, with a. firm re- January 20, 1977 EXTENSIONS OF REMARKS 1905 Hance on the protection of divine provi­ Dotza.un, No. 484; Craig Odolecki, No. 500; leit, No. 115; Anthony Debellis; Randy dence, we mutually pledge to each other our Steve Kuentz, No. 508; Jerry Baker, No. 484; Rogers; Raymond Pearls; Robert Gold, No. lives, our fortunes and our sacred honor. Danny Clayton, No. 125; Dennis Cassidy, 667. We the people of the United States, in No. 412. Cavin Jones; Richard Razey, No. 241; Allan order to form a. more perfect union, establish Timothy Dodd, No. 290; Guy Thompson, Fisher, No. 455; Ricky Nino, No. 232; Larry Justice, insure domestic tranquility, provide No. 221; Jim Gu11let, No. 526; Don Ma.dczeski, Ortiz, No. 148; Kyle Madigan, No. 217; Al­ for the common defense, promote the general Scoutmaster No. 515; Randy Butera., No. 575; berto Alonzo, No. 526; Ardath McLaughlin; welfare, and secure the blessings of liberty ·David Laughlin, No. l; Lee Coulter, No. 714; Mike Blake, No. 219; Charles Coleman, No. to ourselves and our posterity, do ordain and Bob Coates, Cubmaster No. 714; Steve Meyer, 7388; Kent Bisel, No. 664; Brian Law, No. 216. establish this Constitution for the United No. 558; Tony Stutzman, No. 526; Bart Mitch Clark, No. 36; Todd Scrantos, No. States of America. Limas; Brian John O'Leary. 640; Mike Caballero, No. 405; Sean Whaldon, That this Nation, under God, shall have a Greg Wise; Ron Huntington, No. 526; Bev­ No. 623; Oscar Romero, No. 1750; Bill Clark, new birth of freedom-.and that government erly Johnson, Roundta.ble Staff, C; Larry No. 543; Alan Young, No. 1444; Mike Ehlers; of the people, by the people, for the people, Kent, No. 357; Maynard Barber, No. 1165; W. S. Marcus; Ross Wilson, No. 488; David shall not perish from the earth. Mike Debuck, No. 1165; Greg Anderson; Mary Berry, No. 1616; Morris Berry, No. 1616. I believe in the United States of America Kirle, No. 775; Mark Monroe; David Barney, Robert Peck, No. 1616; Tony Peck, No. 1616; as a government of the people, by the people, No. 183; Robby Coppola, No. 850; Michael Todd Missler, No. 17; Troy Bush; Todd Bush, for the people; whose Just powers a.re derived Aarnold. No. 216; Stephen Lopez, No. 61; Todd Mura­ from the consent of the governed; a democ­ Kirsten Ryder; Richard Stratton, No. 71; komi, No. 271; Dennis Decker, No. 61; Eric racy in a republic; a sovereign nation of Valerie Dunn; Mike Tully, No. 151; Gordon Madigan, No. 217; Matt Caywood; Mark many sovereign states; a perfect union, one Dunn, No. 850; Fred Riggs; Jeff Poppa, No. Wicks, No. 302; Mr. and Mrs. Roy Miller, No. and inseparable; established upon those 138; Hank Sanchez, No. 138; Kevin Marx, 60. principles of freedom, equality, Justice, and No. 138; Jeff Wright; Mark Adkins, No. 114; Mike Garant, No. 516; Jeff Wagner, No. 148; humanity for which American patriots sacri­ Mike Fox, No. 424. Brian Kelly; Richard Dudra, No. 516; Tom fled their lives and fortunes. Glenn Moya, No. 216; Brian Burke, No. Miller, Santiago District; Vince Gre.enlee, No. I therefore believe it ls my duty to my 296; Bill Payne, No. 100; Brenda Debuck; 638; Travis Greenlee; John Razey, No. 241; country to love it; to support its Constitu­ Eileen Debuck; Kathy Debuck; Paul Ver­ Mark Buehnerkemper, No. 671; Steve Schulz, tion; to obey its laws; to respect its flag; and schueren, No. 400; John McLuckey, No. 775; No. 671; Billy Keys, No. 424; Eric Mokry. to defend it against all enemies. Andrew Franco, No. 1283; Ray McCauley, No. Robert Shakleton, No. 778; John Nelson, To these preambles and statements of Pat­ 1283; Robert Bents, No. 37; Ray Romero, No. No. 227; Erik Hatzenbuehler, No. 625; Renee rick Henry, the Declaration of Independence, 1509. Richerson, No. 412; Suza.ne Potter, No. 290; the Constitution of the United States, Abra.­ Russell Stoner, No. 71; Lorraine Waskie­ Kathy Fink; Steven Fink, No. 732; Brian ham Lincoln, and the American's creed we wicz; Mark Sanderson, No. 886; Thomas Kelly, No. 225; Stephanie Rupiper, No. 290; pledge our support, our allegiance, and our Waskiewicz; John Waskiewicz; Larry Dicker­ Susie Litsch, No. 412; Kevin McCarthy, No. honor as citizens of this great country of son; Al Waskiewicz; Jeff Young, Committee­ 151; Kelly Sland. America. man, No. 296; Chipper Fackrell, No. 488; Jeff Swifka, No. 151; David Presly, No. 537; Great conflicts have been waged to keep Michael Kamenszki, No. 706; Joe Kamenszki, Craig Dall, No. 1572; Chuck Bengry, No. 516; this Nation free from dependence on or to No. 778; Chris Gregg, No. 886. Rico Thompson, No. 149; Steve Walker, No. other nations of this world; and it must be Dale Welch, No. 138; Eric Daniels; Charlie 1424; Andy Walker, No. 1424; Gary Hart­ realized by we, its citizens, that it is upon us Davis, No. 290; Billy Greenland, No. 274; Bob stein, No. 514; George Na.uenburg, No. 562; that the United States of America is depend­ Salamon, No. 317; Sam Henderson; Eddie James Nauenburg, No. 662. ent. Casada, No. 52; Mike Sambrano, No. 714; Donald Hennagin, No. 226; John Seroggins, David Feskanich, No. 189; Kevin Slumpff; No. 175; Bobby Ferrington; Tim Swengel, No. This land is your land, Mitch Schmidt, No. 575; Paul Abshire. 627; Andy McLaughlin, No. 167; Pete Krau­ Th1s land is my land, Ron Smith, No. 640; Donald Slumpff, No. sert; Andy McLaughlin, No. 167; Kevin Ind­ This land was meant for you and me; 575; Tim Lamb, No. 804; Jim Lamb, No. 804; seter, No. 175; Jeff Chew, No. 271; Michelle For we are America.. Darren Morrill, No. 225; Darin Wolsleger, No. Moreno, No. 804; David Smith, No. 732. Martin Webb, Senior Patrol Leader; Bill 225; Daine McHugh, No. 651; Darryl Owen, Michel Breithaupt, No. 147; Charles Norsdy, Brogan, Patrol Leader, "76" Patrol; Brian No. 543; Don Van Hoogmoed, No. 660; Gene No. 502; Eric Matthlla, No. 916; Ed Chew, No. Youn; Danny Fiegener; Eric Hartman; Sollows, No. 685; Brian Persons, No. 778; 271; Tom Gruenbeck, No. 354; Tony Aguilera; Shaun Lennert; Jeff Nelson; Gerard Waskie­ Greg Stiles, No. 778. John Harader, No. 354; Jimmy Brian, No. 354; wicz, Patrol Leader, Beaver Patrol; Tom Karl Blum, No. 208; Robert Brown, No. 138; Tim Bush; Greg Adams, No. 606; Brian Brogan; Rob Blurton; Alex Bilbao. Stephen Larsh, No. 723; David Amormino; Ada.ms, No. 607; Chris Maki, No. 600. Chris Lumbus; Don Boursier; Mark Jeff Moersch, No. 807; Stephen Hileman, No. Steven Contreras, No. 453; Maureen John­ Phelps, Patrol Leader, Falcon Patrol; Brian 723; Andy O'Leary; Chris Van Horn; Peter son; Ruddy Chavez, No. 226; Jason Blake; Panter, Troop Scribe; Luke Bilbao; Scott Van Horn; Richard Schroeder No. 807; Stacey Olla.Horan; Farrah Gallo; Diane Gallo; Nelms; Chris Martz; Jeff Peterson; Loren George Hand, No. 90; Todd Parker, No. 155. No. 4621; Stuart Mencher, No. 798; Scott Wil­ Foy; Norman Webb, Scoutmaster; Ken Robert Brown, No. 138; Tim Smith, No. liams, No. 187; Scott Valoff, No. 508; Randy Brooks, Assistant Scoutmaster; Jim Len­ 138; David Simon, No. 272; Tom Bugler, No. Lukins; Louis Hungate, No. 422. nert, Assistant Scoutmaster. 408; Micha.el Baumann; David Irwin; Jon Steven Merrill, No. 49; Don MacElroy, No. Paul Webb, Junior Assistant Scoutmas­ Owens, No. 38; Bud Weber; Jose Marquez, 271; Tyrone Mangold, No. 75; Kim Williams; ter; Warren Young, Committee Chairman; No. 357; Jim Raley; Jesse Raley; Kenny Mark Gorelick, No. 435; Becky Gorelick, No. Nancy Webb, Scout Coordinator; Sue Bro­ Champagne No. 270. 435; Robby Warren, No. 227; Jeffrey Miller, gan, Secretry-Treasurer; Lynn Lennert; S. H. Fried, No. 208; Roger Monell, No. 615; No. 125; Gene "Smokey" Bergner, Camp Di­ Doris See; Bill Brogan, Sr.; Marylou Baker, Joey Lorenzini, No. 226; David Lorenzini, rector; Mike Dodson, No. 916; Eileen Dodson, Committee Chairman, No. 29; Kevin Bullock, No. 226; Ma.son Ernest, No. 664; Mike Boland, No. 916; Michael Petrie, No. 283. No. 1892; Craig Merkin, No. 296; Eric Takach, No. 561; Kenny Warfeld, No. 60; Dana Tol­ Lois Berger, No. 625; Derick Wolsleger, No. No. 75; David O'Brien, No. 75. man, No. 225; Sean Potourny; Don Strupp; 225; Brian Adamicunst, No. 301; Robert Mike Hopkins, No. 424; Briann Bauden­ Rob Bradley, No. 664; Kevin Campbell, No. Toepel, No. 514; Kieth Goss, No. 554; Scott distel, No. 588; John Baudendistel, No. 588; 36. Goss, No. 554; Dave Parque, No. 1892; Rachael John Witmer; Gary Gieser, Treasurer, No. Marlo Valadez, No. 1218; Chkis Cinocco, Osborne, No. 28; David Petrie, No. 283; Nigel 296; Eric Brown, No. 278; Dan Asivid, No. No. 454, John Valadez, No. 1218; M1llis Irwig, Osborne, No. 368; Stephen Vegh, No. 272; Ted 562; Brad Green, No. 800; Greg Merget, No. No. 145; Scott Irwig, No. 145; Doug Irwig, Wingert, No. 670. 800; Doug Welsh, No. 100; Dawn Baker, G. S. No. 145; Doug Britton, No. 145; Carole Pay­ Steve Mascoli, No. 699; Mike Scheibe!, No. No. 44; Ron Keen, No. 510. etti; Marion Mccowen; Geneva Sherwood, 817; Charles M. Huntley; Linda Fort, No. Bobby Benge, No. 510; Michael Allen, No. No. 273; Christopher Peck, No. 1616; Carol 658; Robert E. Lee, No. 114; Tom Coleman, 1058; Beth Josephson, No. 1058; Christian No. 216; Grady Beasley, No. 216; Skater Lascola, No. 412. Miller, No. 455; Greg Garver, No. 455; Jeff Everett, No. 510; Louie Haseltine, No. 273; Gina. Grundy, No. 290; David Mee. No. 272; Gambill, No. 455; John Lodin, No. 323; Angela Lodin, No. 323; Kevin Goss, No. 554; Susan Joe Stanczyk, No. 773; Chris Beaufort, No. Chris Inouye; Edith Sherwood, No. 273; 773; Eric Buzhne; Joel Greenberg No. 1509. Kelly Sherwood, No. 273; Eric Cinocco, No. Goss, No. 554. Jamie Castonguay, No. 714; Gregory Fletch­ David Kelly, No. 216; Bob Carlson, No. 174; 454; Michael Mailman, No. 568; Dan Rudat, Bret Lonsway, No. 174; Alex Selley, No. 217; No. 5S3; Jim Duncan, No. 484; Kenny Metro, er, No. 223; Willie Flewellen, No. 223; Ron Billy Keys, No. 424; Mike Kelly, No. 225; No. 568; Bryan Montoya, No. 1069; Marsha Erdrich, No. 611; John Fahland, No. 531; Pat Rusty Miller; Louie Black, No. 432; Mike Young, den leader coach, No. 296. Snedeker, No. 603; Chuck Snedeker, No. 1602; Fran Payette, No. 214; Larry Kaplan, No. 581; Bennett, No. 1; Robert Hutchinson; George Darleen Moore; Michelle Ryan; Elizabeth Kelly, No. 775; Jay Quinn, No. 1750; Mike K. Johnson; Alan Call, No. 531; Patrick Con­ Randy Tee, No. 581. Simanyi, No. 800. away, No. 773; Jon Benber, No. 434; Kirk Dennis Titzkowski; Colleen Carrington, No. Randy Slaughter, No. 273; Jennifer Quinn; Dumhart; Paul Mras, No. 120; Michael 741; Daniel Carrington, No. 741; David Car­ Phillip Bastanchury, No. 75; Chris Lin­ O'Dowick; Carl Miller, No. 60; Denise Solina; rington, No. 741; Jeff Baerns, No. 205; Genee berg, No. 174; Kevin Shakley, No. 174; Craig Maryann Healey: Hom Debellis; Pat Bul- Phillips; Ted Nugget, No. 526; Richy West, 1906 CONGRESSIONAL RECORD- HOUSE January 24, 1977 No~ 784; Shana Norris: Lori Linebarger; Bran­ While I and other conservatives and law and protect the people of the United don McGrath, No. 784. moderates respect his judicial compe­ States from subversive and criminal v!olence. Bobby Enna., No. 227; Jimmy Page, No. 1345; tence although naturally there have been It ls clear that the Communists consider Darin Norris, No. 784; Jimmy Enna, No. 227; Judge Bell to be such a man; that is why Steve Grupenhagen, No. 183; Bryan Line­ instances of disagreement with his deci­ they have opposed his confirmation. barger, No. 229; Steve Weiss, No. 581; Ian sions; but the ideologues of the left can­ It is therefore incumbent on responsible Anderson. No. 931; David Barney, No. 183; not tolerate .the appointment to high of­ Americans to rally behind Judge Bell and Robert Kunst, No. 301; Doug Tusji; Debbie fice of a man whose well-reasoned deci­ urge his confirmation by the Senate. Johnson. sions interfere with their political pro­ With best wishes and kindeat personal David Brownstein, No. 527; Richard Franco, grams. regards, I am No. 1283; Susan Moore; Joseph Bacchi, No. On Friday, January 14th, a top mem­ Sincerely, LARRY McDONALD. 514; Jeff Pat.stone, No. 211; Leona Crespin; ber of the Communist Party, U.S.A.­ Norvin Lanz, No. 273; Jimmy Stapleton. No. 209; Ron Woods, No. 90; Sandy Herrera.; Ed­ CPUSA-testi:fied against the Attorney ward Gardner, No. 293; David Bush, No. 293. General-designate without revealing to Bill Farrel, No. 1170; Nari Naddafi, No. 723; the Senate Judiciary Committee that she REBECCA REID OF DALLAS­ Mike Na.ddafi, No. 723; Dave Andersen, No. was a member of an extremist totali­ MISS TEENAGE AMERICA 391; Julie Fisher, No. 391; Robert Brunner, tarian organization or that she person­ No. 391; Warner Smith, No. 223; Eleanor Blur­ ally advocated revolutionary armed vio­ ton, No. 147; Robert Blurton, No. 147; Marcia lence. Andersen, No. 391; Stephan Motter, No. 293; HON. JAMES M. COLLINS In order to set the record straight, I OF TEXAS David Gardner. have sent the following letter to Sena­ Keith Crespin; Wayne Crespin; Richard A. IN THE HOUSE OF REPRESENTATIVES Gasper, No. 271; Jeffrey M. Gasper, No. 271; tor JAMES 0. EASTLAND, chairman of the Kenneth M. Gasper, No. 271; Mike Libey, No. Senate Committee on the Judiciary: Thursday, January 20, 1977 526; Connie Libey, No. 526; Jefferson Young, HOUSE OF REPRESENTATIVES, Mr. COLLINS of Texas. Mr. Speaker, No. 108; John Garrett, No. 75; Trent Binger, Washington, D.C., January 19, 1977. Rebecca Ann Reid was chosen in Decem­ No. 456; Shawn Cunniff, No. 442; Rhett Senator JAMES 0. EASTLAND, Binger, No. 456. Chairman, Committee on the Judiciary, U.S. ber as Miss Teenage America for 1977. Edward Gonzales, No. 173; J. Jones; Luis Senate, Washington, D.C. Rebecca is the daughter of Mr. and Mrs. Roncayolo; Pa.t Paulsen, No. 295; Louie An­ DEAR SENATOR EASTLAND: I would like to Robert H. Reid of Dallas, Tex. She is a derson, No. 220; Gary Goodner, No. 660; Jon request that the following information be straight-A high school senior, a talented Love, No. 1616; Craig Young, No. 147; Brad included in the record of your Committee pianist and singer, 17 years old, 5 feet W1llia.ms, No. 71; Kevin S. Voas, No. 526; which heard testimony on the nomination o! and 7 inches, 120 pounds. Ka.rlo Holevas; Robert Toepel, No. 514. Judge Griffin B. Bell as Attorney General of Rick Holevas; Scott Lovette; James M. the United States. Miss Teenage America was selected on Akins, No. 104; Cynthia Akins, No. 104; Mike On Friday, January 14th, Charlene Alex:. her "positive image" from 20,000 entries. Floessir; Cheri Norris; Phil Brown, No. 778; ander Mitchell testified against the nomina­ It's more than beauty, as this recognition Kenny Waddell, No. 265; Darrell Baldwin, No. tion of Judge Bell, according to press reports, is based on the girl with an all-around 183; Lance Wantland, No. 524. representing the National Alliance Against outlook. Miss Reid is attractive, gracious, Racist and Political Repression (NAARPR). Linda. Voas, No. 855; Russell Carpenter, No. This organization is a. "front group" of the charming, talented, and poised. I am 642; Bobby Groner, No. 670; Alex Bradley, No. Communist Party, U.S.A. (CPUSA) and was mighty proud to have Rebecca Reid as 279; Alex Bradley, Sr., No. 279; Dennis Cas­ so identified by the Committee on Internal a neighbor in the Third District of Texas. sidy, No. 412; Robby Briethaupt, No. 147; Security of the House of Representatives in Michael Briethaupt, No. 147; Ronnie Brooks, The Dallas Times-Herald reported Re­ their hearings, Revolutionary Activities Di­ becca's answers from a Press Conference No. 147; Margie Byrne; Jeanne Byrne. rected Tewa.rd the Administration of Penal or Correctional Systems, Part 4, July 25, 1973. at the National Pageant: Mrs. Mitchell has been & full time CPUSA On women's llb. "Every woman should be organizer and member since the end of the free to pursue the career of her choice. She COMMUNISTS OPPOSE BELL NOMI­ 1940s, and has served as the executive secre­ should have the same advantages and dis­ NATION AS ATTORNEY GENERAL tary of the NAARPR since its formation in advantages as men. And 11 she wants to be a 1973. homemaker, she should have that right, too, In the context of her testimony against and be proud of her accomplishments." HON. LARRY McDONALD Attorney General-designate Bell, it should On premarital sex. "I can only answer for OF GEORGIA be noted that at a 1969 CPUSA National Con­ myself. I've been raised to believe that sex vention, Mrs. Mitchell presented a report on belongs only in marriage and I could never IN THE HOUSE OF REPRESENTATIVES "Armed Self-Defense" which was also printed have premarital sex." Thursday, January 20, 1977 in the Party's confidential internal publica­ On drug abuse. "I go to a school (W. T. tion, Party Affairs. In it she stated. "Our White High School) where a lot of students Mr. McDONALD. Mr. Speaker, from stand is forthright--we advocate armed self­ use drugs. It's their individual choice, but the day that Judge Griffin Bell was de!ense as an increasingly important part of I don't think they'll find the answers to their nominated to be the next U.S. Attorney the black people's a.b111ty to continue and problems there. I have never used drugs and General he has been the subject of develop their struggle for complete libera­ feel it's not right for me." vicious and bitter personal attacks by tion.'• On the future. "After my year a.s Miss alleged civil right.5 groups and by the As the Attorney General will be responsi­ Teenage America, I wlll go to SMU or Baylor ble for decisions regarding prosecutions of to study piano pedagogy-playing and teach­ Communist Party. Slander has been the violence-oriented and terrorist groups as well ing piano. After I graduate, I would like to principal weapon because there are no as decisions regarding future FBI surveil­ get married and have a family, and I feel issues of substance with which to oppose lance of such groups, it is important that a that teaching piano is a profession that I Judge Bell. man of high integrity who will enforce the could do with a family."

HOUSE OF REPRESENTATIVES-Monday, Januarg 24, 1977 The House met at 12 o'clock noon. of every Member of Congress that to­ In the spirit of Christ, we pray. Amen. The Chaplain, Rev. Edward G. Latch, gether they may labor for the highest D.D., offered the following prayer: good of our beloved Republic. In Thee, O Lord, do I put my trust; let Write Thy law on our minds and work THE JOURNAL me never be put to con/usion.-Psalms Thy love into our hearts that we may be 71: 1. loyal to Thee, true to promises made, The SPEAKER. The Chair has exam­ Eternal God, our Father, we commend faithful in our daily duties, and open to ined the Journal of the last day's pro­ our Nation to Thy loving care and this the needs of our people. May we so serve ceedings and announces to the House his House of Representatives to the guidance Thee and our country in these days that approval thereof. of Thy Holy Spirit. With Thy redeeming in the years to come our citizens may be Without objection, the Journal stands and renewing power come Thou into the thankful for the work done by this- 95th approved. heart of our President and into the life Congress. There was no objection.