12262 EXTENSIONS OF REMARKS May 2, 1978 EXTENSIONS OF REMARKS INFLATION AND TAX INDEXATION on indexing occurred, because of "the rate due to the static nature of the quantum IN CANADA tremendous rates of inflation we have ex­ of those exemptions. Thus we have one ele­ perienced since the mid-1960's and the ment of the silent tax increase. significant pressures this has placed on A second element is the progressive rate HON. PHILIP M. CRANE Government and Government thinking." structure. An increase in the effective aver­ OF ILLINOIS age rate with unchanged real taxable income Prior to this time personal income taxes yields higher real taxes. The only obvious way IN THE HOUSE OF REPRESENTATIVES were taking a higher and higher propor­ of avoiding this is to index the brackets. As­ Tuesday, May 2, 1978 tion of income from Canadians thus suming a taxpayer's various deductible ex­ placing them in higher tax brackets penses rise at an inflation rate, indexing of • Mr. CRANE. Mr. Speaker, there is a without a corresponding increase in their the brackets should generally mean that real growing concern with the problem of in­ real income. The problem became worse tax liabilities will rise only where total in­ fiation and rising taxes. We read and with the inflation of the 1970's as Ca­ come is rising more rapidly than the inflation hear talk of a "tax revolt" throughout rate. Where total income is rising less rapidly nadians realized the effect of the "silent than that rate, real liabilities will actually the United States. The Carter adminis­ but annual tax increase" because of in­ fall. tration is offering us more inflation and flation. Mr. Steiss states the result: On the evening of February 14, 1973, the more taxes. Indeed, many were clearly beginning to then Minister of Finance, The Honorable I have sponsored a measure which recognize that inflation itself was a form or John Turner proposed the introduction to the would help ease the growing tax burden taxation, that the government was obtaining Canadian tax system of a "major innovation of Americans. The Cost of Living Adjust­ a rising share of personal income coincident in tax philosophy and practice". In comment­ ment Act would amend the Internal with inflation and that such an increase was ing on this proposal, the Minister expressed being achieved in the absence of distasteful concern in respect of the rampant inflation Revenue Code of 1954 to provide for overt increases in nominal tax rates. phenomena in Canada. and the impact such automatic cost-of-living adjustments in inflation has on a tax system based on a. the income tax rates. It would also index Mr. Steiss offers some interesting con­ progressive rate schedule. The proposal, as the amount of the standard, personal clusions on that tax indexing program presented, was subsequently implemented exemption, depreciation deduction, and in Canada. It has been the taxpayers in into law with effect from 1974. Many, myself rate of interest payable on certain obli­ the range of $15,000 who have benefitted included, regard this change to Canada's in­ gations of the United States. The idea of the most from the percentage saving come tax laws as one of the two most impor­ indexing has been gaining more and from indexing with the next greatest tant structural changes to the Canadian i.n­ come tax system since World War II: The more attention. benefit going to taxpayers with income other being the taxation of capital gains and Economist Paul Craig Roberts wrote ranges from $15,000 to $20,000. Since al­ the many other substantive changes imple­ the following in a recent article ("Some most 70 percent of Canadian taxpayers mented by the 1971 tax reform bill. Tax Myths: Who Pays What?" National have assessed income ranging from $10,- Implementation of the proposal introduced Review, April 28, 1978) : 000 to $25,000, we find it is this group, the following basic system of indexation of Indexing the tax structure (adjusting it to not the very wealthy, who have received Canada's individual tax system: offset inflation) wuuld prevent this deteriora­ savings from indexing. It has reduced (a) The annual determination of a so­ tion that is occurring in the living standards Government revenues; it has reduced the called "inflation factor" based upon the in­ o! all Americans. One might think that this rate of growth of direct personal tax crease in Canada's Consumer Price Index in would make indexing an important issue in a defined immediately preceding 12 month revenues to Government from inflation; period. tax reform. Yet, it is not part o! the Admin­ it has aided to restrain some Government istration's proposals. Opponents o! indexa­ (b) Application of this inflation factor to tion have argued that inflation causes gov­ spending; and it has given an extra the various principal exemptions available ernment's costs to rise, so that it also needs measure of control over taxes to the tax­ to individual taxpayers in Canada. Such prin­ more revenues. However, the way it is now, payer and voter. cipal exemptions prior to indexing, and the government's revenues don't simply rise We should remember that indexing in therefore in 1973, included a $1,600 single by the amount of the infiation, they rise by Canada is limited to exemptions and tax status exemption, a $3,000 martial status 1.65 times the rate of inflation. A 10 percent exemption and individual dependency ex­ rate brackets. A fully indexed economy emptions of upwards to $550 per dependant rate of inflation means a 16.5 percent in­ in order to protect its citizens from the crease in reve.nues. and, finally, and very importantly ... "silent tax increases" needs to consider (c) Application of the inflation factor to The Tax Foundation sponsored a con­ indexing other aspects of the economy the marginal tax ra.te brackets of the ference here in Washington, D.C., on such as capital gains. We need to con­ Canadian individual taxpayer. March 30, 1978, with one session devoted sider this important reform in the United The technical calculation of the cumula­ to indexation. One of the papers pre­ States. tive inflation factor is determined as the sented was by Carl Steiss of Price Mr. Steiss raises a number of key issues ratio of the Consumer Price Index for the Waterhouse & Co. of Toronto, Canada, in his perceptive paper and I urge my year ending September 30 of the relevant previous year divided by the Consumer Price and an instructor at the University of colleagues to read and meditate on the Index for the year ending September 30, 1972. Toronto. Mr. Steiss discussed the Cana­ message in "Indexation of Canada's In­ From a practical point of view the Minister dian experience with a limited system of dividual Income Tax System": announces the increase annually and soon indexation-the indexing of the tax I:NDEXATION OF CANADA'S INDIVIDUAL INCOME after the September CPI statistic is avail­ brackets. During a period of inflation, TAX SYSTEM able. The inflation factor is pragmatically ex­ taxable income increases more rapidly (By C. F. Steiss) pressed in terms of an annual adjustment than the inflation rate, because of the to the prevailing exemption levels and tax I have been asked to provide a few observa­ rate brackets of the prior year. static nature of the quantum of those tions on Canada's reaction to what I might exemptions. refer to as the "silent tax increase". Perhaps For example, the legislative adjustment in One interesting fact Mr. Steiss points I should open with a word about what I mean respect of the 1978 personal exemptions and out. In an intensive 4-year study of the by this phraseology. Generally speaking, in­ rate brackets was announced in October of flation causes taxable income to increase 1977 and was determined by dividing the tax system which resulted in a 2, 700- more rapidly than total real income due to average CPI for the 12 months ended Sep­ page, five-volume report, the Carter the fact that taxable income is a calculated tember 30, 1977 by the corresponding average Royal Commission on Taxation in 1966 amount after allowing for certain exclusions for the preceding 12 month period ended recommended against the adoption of a and deductions. While some exclusions and September 30, 1976. Expressed in percentage system of automatically indexing of the deductions may increase at a rate commen­ terms, the major personal income tax exemp­ tax system. Yet on February 14, 1973, the surate wlth inflation, others, and notably the tions and the tax bracket limits for 1978 were then Minister of Finance, John Turner, basic personal exemptions which account for raised by 7.2 percent as compared with those almost 80 % of all exemptions and deductions that prevailed for 1977. proposed a system of indexing which was in Canada from individual income, do not. Why September 30? The selection of Sep­ adopted into law beginning in 1974. Mr. Consequently, in a period of inflation, taxable tember as the extreme of each 12 month Steiss noted that the change in attitude incomes rise more rapidly than the inflation averaging period was based on the factual

Statements or insertions which are not spoken by the Member on the floor will be identified by the use of a "bullet" symbol, i.e., • May 2, 1978 EXTENSIONS OF REMARKS 12263 circumstance that the month of September to indexing a. tax system, the Carter Com­ in revenues through indexing. In very early was simply the last possible month in a. year mission made the following statement: estimates prepared by the Province of On­ that could be reflected in the calculation "Assuming that the Consumer Price Index tario, it was estimated that by 1980 the in­ while stlll allowing the government time to continues to rise a·t a.n average rate of 1.5 % dexing revenue loss to the federal govern­ print and distribute the withholding tax to 2 % a. year, what could and should be ment would range from a.bout 18% a.t sus­ tables on a timely basis for the following done?" tained 5 % inflation to a.bout 24 % at sus­ taxation yea.rs, being the year for which the The fact that the level of inflation from tained 8 % inflation. Reduction in Ontario calculation is relevant. 1952 through 1965 averaged only a.bout 1.4% revenues indicated the same pattern. There Why a. 12 month averaging period? The in­ a year and only reached its highest level of is no doubt that indexing significantly re­ tent of the government wa.s to extend the 3.2 % in 1957 ma.y have contributed to their duces the rate of growth of direct personal period so as to minimize the impact of conclusion that indexing was not of para­ tax revenues over the long term unless such unusual events or circumstances which might mount importance. Since 1965 the rate of reductions a.re offset by explicit increases lnltiwte an undue influence on the calcula­ inflation escalated significantly reaching, in tax rate. Some would say, and I would tion of a.n lnfia.tlon factor based on a. shorter 4.8 % in 1972 and 9.1 % in 1973 when indexing agree, that out of this observation flows a. period. was introduced. Furthermore, inflation ha.s st111 further advantage of indexing: Namely, indexing increases pa.rllamentary and/ or ta.x­ Interestingly enough, the law itself does simply galloped along since that date. Ex­ not contemplate a reduction in exemptions pressing Canada's Consumer Price Index fac­ ta.xpayer/ voter control over tax rates. a.nd/or a. narrowing of the marginal tax rate tor in terms of 1971 equals 100, said factor wm indexing in Canada. survive? Costs of brackets. Indeed, where the inflartlon factor at the end of January, 1978 was some 167.8. government are rising rapidly while tax rev­ for a. particular year ls less than that of the Prior to the introduction of indexing to enues and the real wealth of the nation on preceding year, the preceding year's factor Canada's income tax laws in 1974, personal which they a.re based are somewhat stalled. will be deemend to be operative: In other income taxes were taking a. higher a.nd higher To continue indexing may continue to in­ words, the exemptions and tax rate brackets proportion of the real incomes of Canadians. crease an existing budgetary deficit and to will not be reduced from thwt of the pre­ Ea.ch year, the real value of personal exemp­ raise taxes in isolation ls not only political­ ceding year. I mention this point merely for tions was becoming less a.nd less and more ly unpopular but is also inconceivable with your general interest since, with the rates of and more Canadians were finding themselves the fragile Canadian economy of today. One inflation to date in Canada, the matter has thrust into higher tax brackets without a thought is that the government ma.y be certainly not been in issue from the rtime compensating increase in their real income. tempted to ease its predicament by chang­ the scheme wa.s first introduced. While obviously not a.s exaggerated in the ing the method of calculation of the magic The inflation factor applied to the mar­ late 1960's, the impact was still there but I inflation factor to produce a. smaller factor ginal rate bra-ckets and exemptions has would think it fair to say the majority of but this itself would be unpopular and could broadened the brackets and increased t he Canadian taxpayers were unaware of this become a. matter of substantive controversy. exemptions on an annual basis by some 6.6 3 "silent but annual tax increase". With the While the reduction in revenue growth po­ for 1974, 10.1 % for 1975, 11.3 % for 1976, 8.6 % advent of rampant inflation in the early tential of the persona.I income tax can per­ for 1977 and 7 % for 1978. By 1978, the ·'!Om­ 1970's, there were signs in Canada that the haps be absorbed in the case of the federal pound e::fect of indexing since its inception silence of the increase was being disturbed government for some yea.rs due to its sur­ amounts to a. hefty 52.1 %. Introduction of and that Canadian taxpayers were becoming plus financial ca.pa.city, in the case of the indexing in 1974 meant the dropping of some more and more a.ware of the interaction of provinces, a substantial deterioration takes $175,000 from the tax rolls and another inflation and taxes. Indeed. many were place in their long run financial position. $225,000 in 1975 after which the govern­ clearly beginning to recognize that inflation Pressure signs are starting to show and the ment stopped counting. Estimated cumula­ itself was a form of taxation. that the gov­ matter could become a significant issue in tive federal government revenues lost ernment was obtaining a. rising share of per­ the next while. Perhaps the chief hope of through indexing through 1978 are some sonal income coincident with inflation and the government ls that inflationary rates $4 billion. that such an increase was being achieved in will abate and the impact of indexing Let's take a. look at the rates. In the ab­ the absence of distasteful overt increases in diminish. sence of indexing, our top marginal rate nominal tax rates. Has the government of Canada accepted in­ would cut in at taxable income of $60,000. Anyone concerned with baste social policy dexing as a logical and indeed necessary part I hasten to add that that top rate is depend­ has to be concerned about the impact of of the Canadi!l.n tax system? The answer ent upon the province of residence of the inflation. As you rise up the income sea.le, must be a qualified no! Certainly extension taxpayer and may vary from a. low of ap­ Cana-da's higher tax brackets widen consid­ of indexing to exemptions and the personal proximately 60 % to a. high of around 68 % . erably and increasingly insulate taxpayers tax rate schedule was a major innovation. For 1978, and strictly as a result of indexing, from ravages of inflation on real tax rates. But, if one accepts the principal of index­ the top marginal rate does not cut in until In other words, the tax increases resulting ing, is there not some logic to extension of taxable income of some $91,260 is reached. from inflation are highest not a.t incomes its application to most shtutory deductions What a.bout the exemptions? The married where the marginal rates are highest but and absolute dollar income inclusions under taxpayer with a. wholly dependent spouse rather at those income levels where marginal our Income Tax Act. For example, the Cana­ and two dependent children would, in the tax rates increase most rapidly thereby plac­ dian Income Tax Act prescribes various de­ absence of indexing, qualify for exemptions ing the burden more squarely on middle and ductions to retirement plans including, for of some $3,600. Application of indexing to low income earners. ex9.mple, a maximum deduction to a pension these exemptions entitles him to deductions What taxpayer has benefited the greatest plan. The quantum of this deduction has in­ of some $5,480 in 1978. from indexing? Notwithstanding my com­ creased over the past several years but such A single pensioner would have a.bout $4,000 ments a moment ago about the $60,000 mar­ increase has not been tied in to indexing. in 1978 exemptions versus $2,600 without ginal rate taxpayer, this is not the taxpayer In 1971 the government recognized that em­ indexing. category which has benefited the most. A ployees may have expenses and allowed an computer simulation model study recently arbitrary maximum deduction of $150 in Indexing represented a. very major shift in conducted would indicate that the taxpayer historical attitudes in Canada as to inflation recognition of employment expenses. In 1977 with assessed income in the $15,000 range the Minister of Finance recognized that in­ and taxes. Perhaps one of the most major enjoys the most significant percentage sav­ studies of any developed tax system was flation had eroded the value of that deduc­ that of the Carter Royal Commission on Tax­ ings from indexing. Indeed, about 27 % of tion and arbitrarily increased it to $250 for ation. That Commission spent some four the total tax savings enjoyed from indexing 1977 a.nd subsequent years. While the in­ belongs to this taxpayer category. The next crease was welcome, one wonders why in yea.rs of intensive study of all aspects of our greatest saving goes to income ranges of then existing tax structure and issued its 1973 the indexing scheme was not applied massive 2,700 page, five volume report, in from $15,000 to $20,000. Taxpayers with as­ to this and many other deductions under the 1966. The Commission considered the merits sessed income from $10,000 to $25,000 ac­ Income Tax Act. Perhaps another outstand­ of indexing and concluded that "the tax count for close to 70 % of the total federal ing ex1mple must be capita.I gains. The only structure should generally not be adjusted tax savings enjoyed through indexing of the response of the Canadian government to date automatically to take into account changes Canadian tax system. · with respect to the impact inflation has on in the general level of prices. To develop a What about revenue lost through index­ people's savings has been arbitrary deduc­ tax system that taxed only increases in 'real' ing? There is no doubt that indexing tions of $1 ,000 of investment income, and purchasing power would irreparably damage "COSTS"! For the 1978 taxation year, fed­ cerhin private pension income. Again in­ the built-in stability of the system". eral tax reductions for taxpayers at all in­ dexing has been ignored. Why the change in attitude? come levels will total some $850 million as Accordingly, the equity argument in fa­ Obviously, a part of the change must be a result of application of the inflation factor vour of inflation-proofing the personal tax explained by the tremendous rates of infla­ applicable for that year or roughly 6 % of rate structure has not been fully accepted tion we have experienced since the mld- budgetary revenues. All of the provinces of or, perhaps more appropriately, reflected. 1960's a.nd the significant pressures this has Canada other than Quebec have tax collec­ Only time will tell but I advance my own placed on government and government tion agreements with the federal government cautious opinion that for the time belng- thinking. Indeed, in introducing their re­ in respect of individual income taxes. Those "They've gone about as far as they ca.n marks and negative conclusions with respect provinces also of course experience reduction go!"e 12264 EXTENSIONS OF REMARKS May 2, 1978 ECONOMIC FACTS ABOUT ALASKAN living. Third, . along with other citizens of Sixth, in times of real need the d-2 areas LANDS the United States we worry about supplies can be opened to development. As a result of of oil and other materials we use. We know the hearings in Alaska and across the coun­ that commodities from our state are be­ try last summer, H .R . 39 has been modified. HON. RICHARD L. OTTINGER coming nationally important. Given these One of the changes is to allow mining in if OF NEW YORK concerns, how should we feel about the d-2 some of the more promising areas in the proposals for parks, refuges and wilderness future Congress and the President find it IN THE HOUSE OF REPRESENTATIVES areas? necessary. Tuesday, May 2, 1978 Our newspapers and radio have spread the We can conclude that the d-2 question word that environmentalist d-2 proposals has little or nothing to do with Alaska's econ­ e Mr. OTTINGER. Mr. Speaker, the threaten our economic well-being. Oil com­ omy, growth, jobs, or contribution to na­ facts do not support the contention that panies, for example, have printed large ads tional material needs.e H.R. 39, the Alaska National Interest in The Daily News and other papers imply­ Lands Conservation Act, is a "lockup" ing that federal withdrawals will lock up bill. vast energy, mineral, and agricultural re­ sources. Are they right? HOUSE BROADCAST COVERAGE: The Interior Committee report on H.R. Fortunately, we can look at several new 39 gives the following statistics on the reports on the subject. The two best are by TIME TO VOTE disposition of the 375 million acres of the Federal-State Land Use Planning Com­ lands in Alaska if the bill passes as mission and by the State of Alaska. Both HON. JOHN B. ANDERSON reported: studies are objective; neither of these insti­ Forty percent (149 million acres) of tutions is a promoter of the larger d-2 lands OF ILLINOIS all the land in Alaska will be or will be­ proposals. The commission study by Dr. IN THE HOUSE OF REPRESENTATIVES come the property of the State, native Bradford Tuck ls carefully researched, sum­ Tuesday, May 2, 1978 corporations or private land owners. marizing federal Bureau of Mines analyses, University of Alaska publications, and other e Mr. ANDERSON of Illinois. Mr. Twenty-six percent (98 million acres) sources. The state study was prepared to help Speaker, it has now been two and one­ of all the land in Alaska will be Federal in locat ing valuable lands for state selec­ half months since the House Rules Com­ land open to mineral entry, logging, and tion-the d-2 analysis is only a byproduct. other multiple uses. Several facts stand out when we read these mittee issued its report, "Broadcasting Sixty-six percent (248 million acres, reports: the Proceedings of the House." Under the sum of the above) of all land in First, Alaska is becoming wealthy, and the the terms of House Resolution 866 passed Alaska will be open to a wide variety of st ate's wealth is coming from oil. Prudhoe by the House last October 27, the com­ uses, unaffected by H.R. 39. Bay and most of the potential onshore oil mittee was to conduct a study of all alter­ lands are owned by the State or by the private native methods of providing complete Thirty-four percent (127 million acres) Native corporations. Most of the offshore of all the land in Alaska will be in one of and unedited audio and visual broad­ petroleum is or will be leased by the federal casting of the proceedings of the House the conservation system units either al­ government to private companies. Even the ready existing or designated by the bill. Udall and Carter d-2 proposals would restrict of Representatives and report its find­ Seventy percent of the lands with development of less than a fifth of the on­ ings and recommendations as soon as metallic mineral potential in Alaska will shore resources. They would have almost no practicable but not later than February be outside conservation system units. impact on the offshore areas. 15, 1978. Eighty percent of all the lands in New jobs and economic growth come pri­ A closely divided committee recom­ marily from state spending of tax and royalty mended that the House should operate Alaska will be open to possible develop­ dollars obtaineq from the oil industry. The ment. its own broadcast coverage system, fol­ future of the oil industry has next to noth­ lowing the example and building upon Ninety percent of all the land in Alaska ing to do with d-2. could be open to snort hunting. Second, the state and the Natives are the experience of the Canadian Par­ One hundred percent of all high pa­ selecting most of the economically valuable li o:i ment. Those of us on the minority side ten tial oil and gas lands in Alaska will lands. The boundaries of parks and refuges felt that the coverage should be pro­ be open to possible development. are drawn around most areas of high po­ vided by a pool of professional broad­ One hundred percent of all Federal tential for minerals, timber or agriculture. casters. ack tion to this position marked the first time Brezhnev recently said there was no of their borrowed Vega. He was shot three that a woman had been elected to a contradiction between detente and Mos­ times in the back and died instantly, hold­ major Youngstown city office. cow's African policy, and that "imperial­ ing a lacrosse stick. In addition to her professional success, ist propaganda" was making this point in Nick was the fourteenth victim of what Miss Durkin is actively involved in com­ an effort to "distort the meaning and came to be called the "Zebra killers." Be­ goals of Soviet foreign policy." tween the fall of 1973 and April 16, 1974, munity service through her participation they had randomly killed fourteen people in a variety of organizations. She is a So much for restraint. So much for a and wounded seven others--crippling one member of St. Edward's Church, the Ma­ change in behavior. So much for detente. for life. Four men were subsequently con­ honing County Federation of Democratic It is apparent that detente is a word victed of murder in a trial that lasted thir­ Women, and the Mahoning Valley Chap­ without substance. The Soviets continue teen months. ter of the Irish National Caucus. For 2 My son was tall, dark and handsome, and to do what they want to do, without re­ a good athlete. He was particularly good at years, she chaired the door-to-door can­ gard to the policy of detente. lacrosse and an expert skier. Nick was an vass of the American Cancer Society. Detente is dead. Or perhaps it was ardent photographer and wrote some lovely Mr. Speaker, Rosemary Durkin is obvi- never really alive.• poetry. He was a gentle and sensitive man 12266 EXTENSIONS OF REMARKS May 2, 1978 with an infectious grin and the capacity to same for handguns? Why are the production gories, while decreasing it in others. Mr. make friends easily. It was hard for me to and sale of firecrackers severely restricted­ MITCHELL'S amendment will give the believe he was gone. and not handguns? American people an opportunity to re­ OVERWHELMING RESPONSE A GRIM LITANY dress the imbalance between our national The generous support and love of our I now work in the NCCH office as a volun­ defense needs and those programs that friends gave us the strength to go on during teer. One of my jobs is to read and make guarantee that all people have a right to those days. The calls and letters that poured appropriate · card files each day for a ft.ood in from those who knew Nick were over­ of clippings describing handgun incidents. a basic standard of living. Clearly we whelming. In his short life, Nick had touched The daily newspapers across the country re­ recognize the needs of our citizens--the so many people in so many ways. It was both count the grim litany of shootings, killings, lack of job opportunities, the problems heartwarming and very humbling. rapes and robberies at gun point. Some of it's relating to our teenagers, and the dete­ But always, running through those blurred tough going, because I am poignantly aware rioration of our cities due to large in­ days was the question, Why? Why Nick? My of what a family is going through. Some of creases in crime and poverty. deep faith in God was really put to the test. it's so appalling it makes me literally sick. The present trend of our economic Yet, nothing that I could do or think of, or Some people can no longer absorb this spending must be reevaluated in order pray for, was ever going to bring Nick back. kind of news. They have almost become im­ Because Nick was shot two days after mune to it, because there is so much vio­ to address the problems in the areas of Easter, the funeral service was filled with lence. To others, it is too impersonal; it's social services that are badly needed. Easter prayers and hymns. Spring flowers always something that happens to somebody The American people must begin to came from the gardens of friends. The day else-not to you. resolve these problems through support was mild, clear and beautiful, and a kind of But anybody can be shot. We are all in a of the transfer amendment. It will lay peace and understanding seeped into my lottery, where the likelihood of your facing the foundation for a more productive, aching heart. handgun violence grows every day. Today more stable, and less militarized economy No matter how many children you have, there are 50 million handguns in civilian in the future.• the death of one leaves a void that cannot hands. By the year 2000, there will be more · be filled. Life seems to include a new aware­ than 100 million. ness, and one's philosophy and values come So many families have given up so much under sharper scrutiny. Were we just to pick to the deadly handgun. It will take the up the pieces and continue as before? That women of this country-the mothers, wives, FOOD, DRUG, AND COSMETIC choice became impossible, because a mean­ sisters and daughters-to do something ACT AMENDMENTS ing had to be given to this vicious, senseless about it. But when will they stand up to death. be counted and to be heard? Or will they That summer of 1974, the newspapers, wait only to hear the telephone ringing late HON. TIM LEE CARTER magazines and television were full of Water­ at night?e OP' KENTUCKY gate. But I couldn't concentrate on it or IN THE HOUSE OF REPRESENTATIVES anything else. Instead I dug hard in the garden for short periods of time, or smashed Tuesday, May 2, 1978 at tennis balls. PRIORITIZING OUR SPENDING­ • Mr. CARTER. Mr. Speaker, today I On the other hand, my husband, Pete, im­ THE MITCHELL TRANSFER am introducing amendments to the mersed himself in a study of the gun-control AMENDMENT issue. Very near to where Nick had died, in Food, Drug, and Cosmetic Act which a. vacant lot, two small children found a have been developed by the American gun-the gun. It was a .32-caliber Beretta. HON. SHIRLEY CHISHOLM Medical Association to improve the cur­ Police, in tracing it, found that initially it OF NEW YORK rent drug approval process. As you may had been bought legally, but then went know, the Health and Environment Sub­ through the hands of seven different own­ IN THE HOUSE OF REPRESENTATIVES committee on which I serve is planning ers-most of whom had police records. Its Tuesday, May 2, 1978 final bullets, fired at close range, had killed to take up the issue of drug regulation my son-and then it was thrown carelessly e Ms. CHISHOLM. Mr. Speaker, once reform in the coming months. I believe away. again this year we are faced with a it is important to know the recommenda­ INEFFECTIVE LAWS spiraling defense budget that continues tions of the representatives of the med­ Pete's readings of Presidential commission to grow each year. The continuing eco­ ical profession on this complex issue, recommendations, FBI crime statistics and nomic crisis refiects a changing public because any major revision of current books on the handgun issue showed him that attitude toward our Government and its law will inevitably have an impact on our Federal laws were indeed weak and in­ spendings. Our Government is just not p[!.tient care and the practice of medi­ effective. He went to Washington to talk to meeting the needs of its people. cine. I am introducing these amend­ politicians and to see what, if anything, was ments so that my distinguished col­ being done about it. I watched him wrestle The American people are facing an with his thoughts and spend long hours writ­ extremely important question of where leagues in the House and on the sub­ ing them down on paper-the pros and cons to place our priorities in spending. We committee will have an opportunity to of handgun control and what could logically should consider the importance of alter­ consider them along with other proposals be done about the proliferation of handguns ing current national spending goals in which have been or will be developed. ln the nation. order to take full advantage of opportu­ A brief summary of the proposed Through friends, Pete had been introduced nities to meet the basic needs of our amendments follows : ln Washington to the National Council to constituents. SUMMARY Control Handguns, a citizens' lobby seeking 1. An optional procedure is provided as stricter Federal controls over handguns. As This year's budget resolution continues to refiect significant increases in mili­ part of the new drug approval process where Pete became more closely associated with the drugs that may provide a significant ad­ NCCH as a volunteer, it became increasingly tary spending, while at the same time vancement in the treatment of d isease obvious that he was leaning toward a greater placing serious restrictions on programs would be available to practicing physicians involvement. related to human needs. Since we are in prior to the drug's final approval by FDA. Consequently, with strong encouragement a time of peace in our country, we should Any physician who agreed with a drug's from me and the children, Pete took a year's not allow dispropoi:tionate increases in sponsor to make certain reports and main­ leave of absence from his job as a marketing the defense budget just for the sake of a tain certain records would be able to obtain executive so that he could join NCCH full rising economy and threats of increases the drug for patients if the FDA and t he time. A full year and a half later, he finally in military manpower and procurement drug sponsor had entered into a preapproval resigned and became the NCCH chairman. marketing agreement. Under a new Section The main adversaries of handgun control from other countries. 505(k) of the Act, this procedure would take are members of the powerful and financially Because of my commitment to the the drug from the clinical research setting entrenched National Rifle Association, macho problems that we encounter in the areas into the physician's practice and would pro­ men who don't understand the definition of of employment, adequate health care, vide a larger data base of information to e civ111zed society. They are aided by an apa­ housing and the special problems relat­ monitor adverse reactions of the drug in ac­ thetic government which in reality is us, ing to the aged and youth, I am in full tual use on patients. A preapproval market­ because we citizens don't make ourselves ing agreement could remain in effect for a heard loud and clear enough. How many peo­ support of the transfer amendment maximum of three years. ple are in the silent majority, who want to which is being offered by Representative 2. Section 505(i) of the Act would be see something done about unregulated sale PARREN MITCHELL. The transfer amend­ amended to authorize an investigational and possession of handguns? Why do we reg­ ment to the budget resolution would raise new drug protocol agreement as an alter­ ister ca.rs and license drivers, and not do the the allowable spending in some cate- nate procedure to the current invest1gat1onal May 2, 1978 EXTENSIONS OF REMARKS 12267 new drug research procedure. The agreed MISUSE OF CETA FUNDS ployees working for the council make as upon protocol between FDA and the drug's much as $18,000 a year. sponsor would det ail the type of informa­ "In theory, CETA employes are supposed to tion that FDA would require for a new drug be hired based on their need, length of un­ application (NDA) and would contain de­ HON. JOHN M. ASHBROOK employment and job qualifications. But the tails of the drug sponsor's program to ob­ OF OHIO Star has uncovered a number of examples tain the information to be required by FDA. IN THE HOUSE OF REPRESENTATIVES suggesting that CETA employes at the coun­ The agreement would be binding, except that cil also have been hired on the basis of FDA would still have tee aut hority· t o deny Tuesday, May 2, 1978 whom they know, despite guidelines aimed an NDA if the safety and efficacy of the drug e Mr. ASHBROOK. Mr. Speaker, I have at keeping federal programs out of politics." was not established. been deeply disturbed by the numerous Among other examples, the paper noted 3. Section 505(c) would be amended to reports of abuse, waste, and outright that the council had used CETA funds three establish fixed deadlines for review of new years ago to hire the wife of a local dentist drug applications by FDA. The amendment fraud found in many of the Comprehen­ who is a political supporter of the council would also limit the number of extensions sive Employment and Training Act pro­ chairman. Though CETA supposedly was from the deadline that FDA could take be­ grams. Money that should be going to meant to provide temporary employment, fore notice and public hearings would be assist the unemployed citizens of our this woman-who presumably is not eco­ required as to further extensions. Nation is all too often being div~rted to nomically disadvantaged, considering her 4. A new Section 711 would be added to improper uses. husband's profession---continues to earn the Act that would authorize a drug spon­ $11,000 a year under the program. In New York City, for example, some In another case, wrote Kiernan, the coun­ sor to request an independent review of the CETA money is used to teach Islam scientific basis for any adverse decision cil used CETA funds to hire the son of a made by FDA regarding the sponsor's drug. rather than to provide jobs. The gover­ councilwoman . This son "now works as a The review would be made by a Select Com­ nor of another State is alleged to have legislative liaison between the council and mittee of the National Academy of Sciences paid employees in his own department Capitol Hill at a salary of more than and the Committee would be required to store with CETA money. Relatives of $17,000." submit its recommendations to FDA . Oklahoma politicians are reported to be But political favoritism is only one prob­ 5. Language would be added to Section on the CETA payroll. Unfortunately, the lem with CETA. Others stem from the fact 505 ( d) of the Act that would provide that that the Labor Department--particularly in list goes on and on. the wake oi last year's enactment of Presi­ data derived from well-controlled clinical A recent article in Human Events investigations regarding drugs that are con­ dent Carter's economic stimulus package, duced in foreign countries would be recog­ catalogs some of the blatant examples which required a rapid doubling of the num­ nized on an equal basis with such well-con­ of misuse and waste. Among other things, ber of public service jobs across the country trolled clinical investigations conducted in CETA money has been used by the D.C. to a total of 725,000-has put intense pres­ the United States and Canada. City Council to build one of the Nation's sure on local governments to meet monthly hirin~ quotas under the program. 6. A new Section 505 ( 1) would be added largest city council staffs; by a prospec­ One rP.sult is that local municipalities have to the Act to strengthen the prohibition tive ballerina to attend ballet school; and emphasized quantity rather than quality, against the submittal of false or misleading by feminists and gay rights groups to with governments trying to keep CETA em­ data to FDA. Corporate officers, directors and promote their political causes. ployes on the payroll even though they are managers would be held responsible for the supposed t o encourage CETA workers to find false and misleading submissions made by Following is the text of the Human Events story: unsubsidized jobs in the private sector. their corporations if such persons knew or Still another problem is that, under CETA, should have known of such a false or mis­ CARTER PRESSES FOR $11.4-BILLION JOBS PLAN local governments are supposed to create leading submission. A request by President Carter, now pend­ new jobs. Putting CETA workers into jobs 7. Labeling requirements for drugs would ing before a House Education and Labor sub­ that otherwise would have been financed out be modified. Section 503(b) (2) of the Act committee, would raise spending for so­ of local funds is forbidden. But, as one sub­ would be amended to require t h at t he label called "public service employment" ~n~er urban offi cial in "the Washington area told on prescription drugs cont ain the name, the Comprehensive Education and Tra1nmg the Star: "That sounds fine, in theory. But quantity and strength of the drug contained Act (CETA) to $11.4 billion next year-a the way it turns our., needed county services in the package. Section 502 would be jump of $3 billion. are declining at the same time we're spend­ amended by establishing a new Subsection What is of part icular significance about ing a lot of money on orchestras, arts groups (f) t hat would authorize the FDA to require this m easure-aside from its huge cost--is and non-profit agencies." that a patient information leaflet (PIL) be that the "public service jobs" concept, or tax­ The official was not exaggerating. The made available by manufacturers, to phy­ subsidized employment, has become a key­ Star cited one young woman, for instance, sicians for distribution to patients where t he stone to virtually all welfare-related pro­ who was among nine receiving $145 a week physician determines that provision of sup­ grams pushed by t he White House or the in CETA funds to attend a ballet school in plemental data to the patient would be ap­ majority in Congress. Indeed, the President's Montgomery County, Maryland. When asked propriat e. PIL's would be required for a drug welfare reform measure (as welJ. as Sen. what it was like to have the federal govern­ only aft er the FDA had received the advice Howard Baker's) relies on CETA jobs, as ment paying for her dance lessons, she and concurrence of a Nat ional Advisory does the full-employment Humphrey­ smilingly said: Panel established by the bill. A m a jority of Hawkins measure just passed by Congress "It's great. I've been dancing for eight the panel members would be practicing (see page 19 for rollcalls on H-H). years now, and recently I've had to take a physicians nominated by n ational medical lot of part-time jobs to support myself. Now, professional and specialty societies to serve Yet the evidence continues to mount that the CETA program is plagued by wasteful­ under this new jobs program, I can concen­ for three year terms. Information provided in trate entirely on my dancing and get paid the PIL would be supplemental to that pro­ ness, financial mismanagement and wide­ spread political abuse. Even worse, the at the same time." vided to the patient by the prescribing phy­ As the example of this young woman sug­ sician. The language that FDA cou ld require whole idea is basically fraudulent in that it does not increase the total number of per­ gests, many who are benefiting at taxpayers' in the PIL would be objective and non­ expense are not among the hard-core unem­ threatening and could not contain state­ sons employed in the United States, as its advocates suggest, but simply shifts thou­ ployed, who are so prominently mentioned ments of opinion by FDA as t o proper or ac­ by proponents of the public-service jobs ceptable modes of practice. Approval by the sands of workers out of the private sector into government-funded "make-work" jobs. concept. National Advisory Commit tee would also be As economist David I. Meiselman noted required for the language contained in the The kind of political hanky-panky to in a recent study: "Evidence from diverse PIL. The amendment would reserve to the which the billions in CETA funds floating sources implies that CETA participants are prescriber the responsibliity of distributing a around the country gives rise was dramat­ best classified as being from the middle of PIL to a particulal' patient. ically illustrated in a series of investigative the skill range, not as unskilled. Fewer than 8. Section 505 ( e) would be amended to pro­ stories by Washington Star reporter Michael 46 per cent of the persons hired under CETA vide an alternate procedure to the existing Kiernan. In the first of these articles on March l , Kiernan wrote that "The D.C. City were 'economically disadvantaged' according authority of the Secretary of HEW to sus­ to the government's definition (one who pend a new drug application if he finds a Council has made extensive and sometimes lives in a family receiving cash welfare pay­ drug poses an imminent hazard to the public illegal use of federal jobs funds to create ments or earning income less than the pov­ health. The amendment would authorize the one of the largest City Council staffs in erty thresheld). Only 15 percent of all CETA Secretary of HEW to suspend the approval of the country." participants in PSE [public service employ­ a new drug application or to require amended Altogether, said Kiernan, 56 council em­ ment] or training programs had been receiv­ labeling for the drug after the Secretary has ployes--0r nearly half of the 126-person ing welfare before entering the program. determined that the drug poses a serious and staff-receive $480,000 a year in CETA funds. "And findings of a national survey show substantial risk of harm to the public health While this would average out to $8,571 a year that a substantial fraction, over 20 per cent and after an opportunity for an expedited per CETA-funded staffer, he went on, "be­ of PSE workers, are actually employed on hearing.e cause of District supplements, the CETA em- the day before getting the subsidized job." 12268 EXTENSIONS OF REMARKS May 2, 1978 The costs of such make-work "jobs" are perts in constitutional law recently ex­ academic, emotional, and social learning staggering. In New York City, for example, pressed their joint view that a tax credit experiences for children who have been the "CETA Artists Project"-under which for private elementary and secondary frustrated by failure in their personal people whose skills range from painting and acting all the way to circus juggling are get­ school tuition would be unconstitutional. growth and development. ting paid $10,000 a year-has a price tag I want to make my colleagues aware of Scholarship funds provided by pro­ of $4 million. this joint letter. ceeds from the award dinner will enable Yet another flaw in CETA is that much of APRIL 27, 1978. those students whose parents cannot af­ this funding goes to pay for staffers of groups DEAR REPRESENTATIVE: We are writing to ford to pay the tuition fees to benefit promoting liberal-left political causes. As we express our view of the constitutionality of from the Mardan services they need. reported last fall (Nov. 26, 1977, page 3), the Packwood-Moynihan bill or any other Therefore, I rise on this occasion to a Brooklyn-based feminist group called the measure which permits a tax credit for tui­ congratulate Tom Riley for his contribu­ National Congress of Neighborhood Women tion paid to sectarian elementary and se­ tion to the community and the Mardan (NCNW), all of whose paid staff of approxi­ condary schools. Center for the excellent services it has mately 20 were receiving their salaries This letter is prompted by our concern courtesy of CETA, had applied for a total provided to the community since the cen­ that the constitutional issue has been blurred ter was established in 1963.• of 200 additional CETA "slots," which they during the current debate over tax credit would share with approximately 40 other legislation. The last time tax credits were feminist-oriented organizations located in seriously debated in Congress was in 1972- New York City. before the Supreme Court decided Commit­ SAFE DRINKING WATER STAND­ Human Events has now learned that the tee for Public Education v. Nyquist, 413 U.S. ARDS QUESTIONED NCNW's request was approved by the city's 756 (1973). It might have been possible to Board of Estimates on February 16. As a re­ argue then that opinions as to the constitu­ sult, the NCNW-which promotes ERA, abor­ tionality of tax credits were speculative. HON. JOHN B. ANDERSON tion and other controversial issues-wlll have Nyquist Given the opinion, however, such OF ILLINOIS 23 additional full-time staffers this year paid an argument is no longer credible. by the taxpayers. Other groups sharing in the Simply stated, the proponents of tax credit IN THE HOUSE OF REPRESENTATIVES NCNW's grant include the rational Gay Task legislation are advocating a course of action Tuesday, May 2, 1978 Force, which received five CETA-funded staff­ which in our opinion is unconstitutional ers; the New York Women's Liooration Center under the Nyquist ruling insofar as such G Mr. ANDERSON of Illinois. Mr. (seven slots), and four chapters of the Na­ credits would extend to tuition payments to Speaker, I recently received a very dis­ tional Organization for Women, which re­ non-public elementary and secondary turbing position paper from the Illinois ceived a total of 17 CETA staffers. schools. According to a spokesman for the city, who Professor Anthony Amsterdam, Stanford Environmental Protection Agency rais­ asked not to be named, each of the 200 people Law School; Professor Ralph S. Brown, Yale ing serious questions about the efficacy hired under the NCNW's CETA grant will Law School; Professor Norman Dorsen, New of proposed U.S. EPA regulations on the make from $8,000 to $10,000 this year. The York University Law School; Professor Rob­ organic chemical content of public wa­ total cost to the taxpayers of this one grant ert Hamilton, University of Texas Law ter supplies. In summing up the conclu­ alone: $2.5 million. And this can be multi­ School; Professor Bernard Harvith, Albany sions of the paper, the acting director of plied many times over in cities and towns Law School; Professor Kenneth Karst, UCLA the Illinois EPA, Mr. Michael P. Mauzy all across the country. Law School; Professor Arthur Miller, George wrote: Obviously, the kind of people who are Washington Law School; Professor Melville Nimmer, UCLA Law School; Professor Ralph In our view, the U.S. EPA proposal repre­ qualified to work for such politically activist sents an extreme reaction to a questionable groups as the NCNW and NOW would also Spritzer, University of Pennsylvania Law Schoo Le problem. The solutions proposed are unreli­ have the skills, by a~1d large, to work in the able, of unknown benefit and of high cost to private sector. Indeed, the ballerina quoted water users. in the Star admitted outright that her CETA "Job" had enabled her to quit working in HON. THOMAS F. RILEY OF ORANGE The Illinois EPA position paper, en­ unsubsidized employment. COUNTY RECEIVES AWARD titled, "Position on the Proposed Regula­ This confirms the finding of the Melselman tions for Control of Organic Chemical study that "an increase in the number of HON. ROBERT E. BADHAM Contaminants in Drinking Water," was public sector jobs wm accompany a decrease OF CALIFORNIA developed in concert with the State De­ in the number of private sector jobs." More­ partment of Public Health and was pre­ over, according to Meiselman, since the pri­ IN THE HOUSE OF REPRESENTATIVES sented at a U.S. EPA hearing in Miami, vate-sector output displaced by the public Tuesday, May 2, 1978 service jobs "generally would have been more Fla. on March 23, 1978. The paper ques­ useful and valuable than the additional pub­ • Mr. BADHAM. Mr. Speaker, it is my tions the EPA claim that chloroform lic sector services," the result is that the great pleasure to call the attention of and other chlorinated organics found in "real value of output will fall, causing an in­ my colleagues to the occasion of the third drinking water are carcinogenic to man crease in inflation. Average real wages and annual award to be given Saturday, May and must be removed through granular total employment in turn, also must fall." 13, 1978, by the Mardan Center of Edu­ activated carbon treatment. The Illinois Rather than creating st!ll more public cational Therapy to the Honorable EPA notes that in the rodent tests, service jobs, says Meiselman, the government Thomas F. Riley for his outstanding "where test animals were fed very high should pass a federal tax cut if it ls serious dosages of chloroform, far exceeding any about increasing employment in this c-oun­ achievements and service to the citizens try. "Given the slowdown in recent years of of Orange County. level to which humans could be expected our economic growth," he concludes, "shift­ . Mr. Riley, who is chairman of the to be exposed in drinking water at the ing resources to create more make-work and Orange County Board of Supervisors, has maximum levels found to date," there busy-work projects hardly would seem to be a record of service to youth in his com­ was evidence that "chloroform is a car­ called for today." munity. Included among his many cred­ cinogen." However, in a study carried out Yet that is exactly what President Carter its are the presidency of the Big Broth­ on dogs over a period of 7 years, there and the liberals in Congress are calling for ers of Orange County, advisory board was no noticeable effect • • • from in the welfare "reform" anj Humphrey-Haw­ member of International Orphans, Inc., chloroform. While the study concedes kins measures, as well as the proposed CETA that 7 years may have been too short extenslon.e honorary chairman of the Orange County Marine Corps Toys for Tots pro­ a time to draw conclusions, it notes that gram, chairman of the Eagle Scouts Re­ "there are other studies and basic facts view Board and chairman and nominat­ which cast some doubt on whether ing committee member of the Del Mar chloroform is indeed a human carcino­ TAX CREDIT FOR PRIVATE gen," including a study of people who SCHOOLS UNCONSTITUTIONAL District of the Boy Scouts of America. The dinner held by the Mardan Cen­ were addicted to cough syrup containing ter, which is located in Costa Mesa, chloroform. HON. WILLIAM M. BRODHEAD Calif., in the 40th Congressional District, What is perhaps most alarming about OF MICHIGAN is a fundraising event with all proceeds the Illinois EPA study is the suggestion IN THE HOUSE OF REPRESENTATIVES benefitting the center, a nonprofit pri­ that the proposed cure may be worse vate school for children with learning than the problem. The Federal program Tuesday, May 2, 1978 disabilities. calls for cities of more than 75,000 per­ e Mr. BRODHEAD. Mr. Speaker, it has Mardan has for many years been dedi­ sons to install granular activated car­ come to my attention that several ex- cated to the enhancement of successful bon as part of the water treatment proc- May 2, 1978 EXTENSIONS OF .REMARKS 12269 ess if chloroform is found in larger I hope that you will find our views of in­ "If we were to assume as correct the pro­ amounts than 100 parts per billion parts terest. Please let me know if we can pro­ jected maximum tumor risk for these regu­ vide additional information. lations, then we would have the risk of 500 of water. To quote from the study: Sincerely, tumors for a designated population of 160 Granular activated carbon is known as a MICHAEL P. MAUZY, million people. This breaks down to 3.125 good breeding ground for bacteria. It there­ Acting Director. tumors per million people. Since the eco­ fore is highly probable that bacteria will nomic impact analysis states that 7,160,000 grow in many of the GAC units installed for STATE EPA QUESTIONS-NEW DRINKING people would be served by the 26 systems this purpose. Here again, given the problems WATER RULES which would be required to use granular found in operation, it is probable that at SPRINGFIELD, ILL., March 15.-The proposed activated carbon, we could expect that the least some of these units will be putting bac­ carbon, if it were to work completely suc­ teria into the water, and these bacteria will controversial federal program to use granu­ lar activated carbon to remove synthetic cessfully, would prevent 22.375 tumors per not be removed satisfactorily by proper dis­ year. infection. We therefore would be increasing chemicals from drinking water not only presents health and financial problems for "The cost, therefore, for preventing each the immediate hazard for at least part of tumor would be 1.26 million dollars at the the population. the taxpayer but will give a false sense of security, according to the Illinois Environ­ minimum, and probably two or more times Mr. Speaker, the questionable carcino­ mental Protection Agency's Division of Pub­ that. The money which this requirement lic Water Supplies. would demand could prevent many more genic effect on man of chloroform and tumors if spent in other areas. If these rules other chlorinated organics found in The federal EPA is claiming that chloro­ form and other chlorinated organics which go into effect, water bills to the consumer drinking water, combined with the po­ are formed during the chlorination of drink­ may more than double, with little or no tential bacteria breeding effects of the ing water, in the amounts found in drinking benefit. proposed treatment process call for a water, are carcinogenic to man and must be "What they are offering is likened to try­ serious reexamination of the U.S. EPA removed through granular activated carbon ing to put out a match with a defective fire standards and proposed solution. I am treatment. In addition, this treatment is truck, with no idea whether or not the match today writing to the Administrator of mandated as a "safety measure" for water is lit, and with a water shortage." he said. supplies which may be exposed to other syn­ Alternate regulations are proposed by the the U.S. Environmental Protection Illinois EPA which would not decrease the Agency, Mr. Douglas M. Costle, asking thetic chemicals in their raw water sources. In a position paper just released, the state safety of the water, and would promote bet­ for a detailed response to the Illinois EPA agency responded that while it is true that ter removal methods at reasonable costs. position paper. I am also writing to substances which are kno ;vn carcinogens to The position paper will be presented at a Chairman Paul Rogers of the Health and ~nimals might also be carcinogenic to man, public hearing in Miami on March 22. Other Environment Subcommittee of Interstate it rs not necessarily true that a substance hearings will be held in seven other cities and Foreign Commerce, asking that which is a carcinogen to a specific species of across the country. Many other states, as well animals will also be a carcinogen to man. as water utility managers, professional socie­ oversight hearings be held on the Safe ties, engineering and chemical educators and Drinking Water Act. "For example, in addition to the rodent tests which were used, there was another consultants are expected to join Illinois in Finally, I want to commend the Illi­ study carried out on dogs over a period of opposing the regulations as proposed, accord­ nois EPA and Public Health Department seven years and no noticeable effect c.:>uld ing to Markwood. in taking seriously their invitation and be found from chloroform in this study," STATE RIGHT IN RESISTING FEDERAL EPA responsibility to comment on the pro­ said Ira Markwood, division manager. "It PROPOSAL posed standards. At this point in the may be possible that chloroform is not a RECORD I include a letter I received from carcinogen to dogs, but there are other Newly proposed water purification regu­ Michael P. Mauzy, acting director of the studies and basic facts which also cast some lations by the federal Environmental Pro­ doubt on whether chloroform is indeed a tection Agency have resulted in the state Illinois EPA, a press release on the posi­ EPA taking an adversary role-and we think tion paper, and an editorial from the human carcinogen." He said that a study of people who were rightfully so. State Journal Register: addicted to cough syrup containing appre­ Because of the concern of Congress over organic materials in drinking water, the ILLINOIS ENvmoNMENTAL ciable chloroform did not show any carcino­ genic effects. federal EPA is recommending that public PROTECTION AGENCY, water supplies serving more than 75,000 April 5, 1978. "These people took daily doses for ten years or more and the only effect was reversi­ users must install granular activated carbon Hon. JOHN B. ANDERSON, filtering equipment if such material, espe­ U.S. Representative, ble hepatoxicity," (liver problems) he said. "Another study, using a dentifrice and cially chloroform, is found at a certain Washington, D.C. level in the water. DEAR REPRESENTATIVE ANDERSON: At­ mouth wash containing chloroform and used daily for up to a five year period, did This highly questionable solution is being tached for your information is a position vigorously opposed by the state EPA for paper regarding the recently proposed U.S. not produce hepatoxicity. Therefore, there is no evidence to date to document chloro­ a. variety of reasons. For one thing, although EPA regulations on the organic chemical Washington claims chloroform in water content of public water supplies. This posi­ form carcinogenicity in humans through oc­ cupational or environmental exposures." causes tumors, current data !ails to prove tion was developed in concert with the Illi­ that contention. State water suppliers would nois Department of Public Health and was The federal program calls for cities of be forced to spend millions of dollars on a presented at a U.S. EPA hearing on March 23, more than 75,000 persons to test their drink­ purification process the need for which is 1978, at Miami, Florida. ing water regularly for chloroform and to doubtful. In our view, the U.S. EPA proposal repre­ install GAC as part of the water treatment In addition, the federal EPA has latched sents an extreme reaction to a questionable processes if chloroform is found in larger onto the idea of using granular activated problem. The solutions proposed are unreli­ amounts than 100 parts per billion parts of carbon as a filtering agent when its effec­ able, of unknown benefit and of high cost to water. tiveness is questionable. There is also a water users. "We know that granular activated carbon health hazard involved because carbon is We have solicited active involvement in is a good breeding ground for bacteria and known as a substance that is a good breed­ the regulatory process by other national is therefore highly likely to put bacteria ing ground for bacteria. This could create and state groups and we hope that they will back into the water. In add1t1on, there is dangers to health that might be greater not be passive in their consideration of this no operational testing that the supply op­ than from the chloroform itself. U.S. EPA regulatory proposal. Only by active erator can do to know if the GAC is work­ These are the logical and forceful argu­ involvement in the regulatory process, do we ing properly. He'd be flying blind," said ments being made by Ira Markwood, manager believe that U.S. EPA can secure sufficient Markwood. "Furthermore, the regeneration of the state EPA's public water supplies divi­ information for decision making on this im­ frequency of the carbon for this purpose is sion. Ma.rkwood has prepared a position pa­ portant matter. Naturally, we hope and ex­ extremely short, which means there will be a per, outlining Illinois' opposition to the pect that many Illinois groups will be able high cost for the carbon and its upkeep. rules, that will be presented this Wednesday to support all or major portions of our posi­ "The report on the economic impact anal­ in Miami during one of eight public hearings tion. ysis of a trihalomethane regulation for drink­ being held by the federal EPA on the pro­ I believe that this important matter should ing water also states that about 89 per cent posed regulations. These hearings will con­ be brought to your attention because the of the capital costs are due to the require­ tinue through May 5. After that the federal fundamental technical issues involved in this ment for GAC for 26 public drinking water agency will study the testimony and make regulation are similar to those considered systems across the nation though these sys­ a final decision. recently by Congress concerning the sac­ tems are only 30 per cent of the number On the basis of Markwood's arguments, charin ban by FDA. Perhaps Congressional affected by the regulation. The report states we believe this is a case where the Federal direction on the appropriate limits for ad­ that this same group would have to come up EPA has reacted to congressional pressure ministrative action by federal agencies on with an additional 28.2 million dollars each without fully studying the consequences or such matters of national application and year in order to put this additional system in the alternatives. For example, Markwood says concern a.re needed. effect. that chloroform develops from a. slow reac- 12270 EXTENSIONS OF REMARKS May 2, 1978 tion of chlorine with na.tura.l substances In this manner the courts have managed Ku Klux Klan if that organization sought to in the water. A much less expensive methcd to create the worst of all possible worlds. stage an entertainment for its own benefit of reducing the reaction, he believes, would They have been given the chance over sev­ b y marching through Harlem. And what was be achieved by pumping water intt> a res­ eral months to restrain the Nazis on grounds plausible to most of our own scholars of law ervoir and chlorinating it before it goes to of jurisdictional principles that are funda­ barely more than a decade ago has remained the treatment plant. mental to a democratic order. What they plausible to the friends of constitutional It seems unreasonable to us to saddle pub­ chose to do instead was to affirm the view government in other countries. The British lic water suppliers with exorbitant costs­ that a democracy has no principles by which were compelled to make use of their author­ approximately $2 million for Springfield's to judge the Nazis-but then to restrain the ity in Northern Ireland a few years ago to water treatment plant-by using the granu­ Nazis anyway without the benefit of prin­ stop a series of reciprocal provocative lar activated carbon process when other ciples; the courts have established now that marches by Protestants into Catholic areas methods are available. As usual, those costs the Nazis have the widest claims to consti­ and Catholics into Protestant areas­ will be passed on to the consumer. tutional freedom, but that their freedom of marches that persistently sparked violence, Even though Illinois could stand to lose expression may be restricted so long as hostile and that were conceived with that purpose $1 million a year in federal grants should it groups show a willingness to use violence. in mind. continue to oppose the regulations if they The result, in short has been decidely anti­ It was in this tradition of go·;erning dem­ are approved, the ultimate savings to con­ libertarian. Instead of using the occasion to onstrations in the streets that the Village sumers' pocketbooks, and possibly their teach something about the principles that of Skokie sought an injunction to restrain health, wtmld be worth it. define legitimate interests and expression, the Nazis, and . the injunction was granted We give our support to the state EPA in the courts have given credence to the most by a county court. The injunction was later its opposition to the proposed regulations, cynical understanding of the law-viz., that amended slightly to prohibit the Nazis from and we hope that similarly logical argu­ the law is merely a polite form in which the marching or parading with their uniforms ments from other states wm convince the force of the many may govern the few. and insignia, and (according to one report) federal EPA to back down and listen to its But of course it is not the mission of the "from distributing pamphlets or displaying sister agencies.e Nazis to attach the people ever more strongly any materials that incite or promote hatred to the institutions and laws of a democratic against persons of Jewish faith or ancestry or society, and so whether they march or not, other person." After a series of appeals to they will have accomplished a large portion the highest courts at the state and federal MARCHING THROUGH SKOKIE of their ends; they wm have caused urban levels, these restrictions were struck down citizens of all classes to regard the courts as and the injunction dissolved. In the mean­ witless and the laws as amoral. time, though, another injunction was sought The choice of Skokie as a target was clearly against the Nazis by residents of Skokie who HON. PHILIP M. CRANE not inadvertent. Of the 69,000 people in Sko­ were survivors of the Holocaust. 'l'hese peo­ OF ILLINOIS kie, about 40,000 are Jews, and of the J'ewish ple claimed that the advent of the Nazis to IN THE HOUSE OF REPRESENTATIVES refugees from Europe who came to Chicago their neighborhood would be the source of between 1930 and 1960, most are thought to a. special injury or emotional strain for them Tuesday, May 2, 1978 have settled in Skokie. A group called Sur­ by reviving many of the traumas they asso­ • Mr. CRANE. Mr. Speaker, moral vivors of the Holocaust was organized in the ciated with their experience in the war. This premises are those ethereal principles metropolitan area, and of the 12,000 members suit is still making its way through the upon which our constitutional govern­ of this group, 7,000 were living in Skokie. courts. is Skokie was not chosen by the Nazis, then, Ordinarily one can hope that the expense ment founded and from which we because it was the most promising place in and fatigue of litigation may generate their claim our constitutional freedoms and which to recruit new members or hold a own benign effects; but the Nazis have been rights. When those constitutional free­ discussion about the substantive "program" buoyed up in this long process by the .sup­ doms and rights are threatened it is not of the party. The aim of the march, very port-and the special skills--of the Ameri­ nearly enough to look at the body of law plainly, was to gather attention and create can Civil Liberties Union. The implications which protects those freedoms and an effect that was well out of proportion to of this support have not been lost on Jewish rights, but to the principles upon which the actual :::ize of the group (which &ppar-­ members of the ACLU, and the reaction has that body of law was built. ently comprises thirty to fifty members). been so severe that the ACLU has lost (by The Nazis could easily accomplish that end some accounts) nearly 25 percent of its Succinctly, this is the logic and rea­ by marching into a community of Jews with members. All of this, however, may simply soning that must finally prevail in the the full trappings of their syrr.bolism-the confirm to the leaders of the ACLU that the controversy surrounding the Nazis and uniforms, the caps, the swastikas on arms sensibilities they pos:::ess on these matters their march in Skokie, Ill. The following and flags; by presenting, in short, the kind are not commonly distributed among the analysis by Prof. Hadley Arkes was of spectacle that should elicit outrage among population at large, or even among most of brought to my attention and I would like decent people of any persuasion, and by their own sustaining members. to share it with my colleagues: counting on the fact that the public outrage For the leadership of the ACLU, it would would be sure to attract the attention of the be accurate to say that there is ultimately MARCHING THROUGH SKOKl'E media. no "truth" in matters political-that all (By Hadley Arkes) As recenly as 15 years ago in this country, ideas about the proper form of government Will the Nazis finally march in Skokie? this kind of spectacle would have been seen over men come to rest at the end on per­ They have sought to stage their demonstra­ perfectly clearly for what 1't was: a deliberate sonal beliefs or opinions, which cannot finally tion in the suburbs of Chicago since May of attempt to provoke a population to vio­ be measured as true or false. As far at least last year, and until very recently t here lence-which is to say, an attempt to pro­ as the right to speak is concerned, the cac;;e seemed to be a concert between the st ate and voke without justification. It was well under­ for a regime of law and the case for a federal courts to strike down every legal stood that the entrance of the police or cler~y regime of genocide must be counted, in this obstacle that might have prevented the Nazis into a tomzh neighborhood could !)rovoke the view, as equally deserving of a claim to be from marching. But suddenly the declama­ local denizens to fury, but that was not the heard and (ultimately) approved by the pub­ tions were suspended and judicial minds kind of provocation from which the law lic. David Hamlin, the executive director of were concentrated a.new, with the mounting souizht tO protect people. What the law the Illinois division of the ACLU, was moved evidence that other groups would be coming rnul!ht to proscribe were demonstrations that to say, regarding the Nazis, that "the First to Skokie with the intention of meeting the stc.od , in effect, as assaults, and it was hard Amendment ... affords us the unique op­ Nazis in the street with a show of violence. In to find a profec;sor of law who was not alert portunity to bear every imaginable idea, and February Judge Bernard Decker of the Fed­ to these differences. Even t.he most com­ to voice our opinions on any one. It protects eral District Court had swept away the re­ mitted civil libertarians were willing to con­ all ideas-popular or despised, good or strictions on the Nazis and warned against cede that the law might pro!Jerly restrain the bad . . . so that each of us can make a free the danger of "permitting the government to and intelligent choice." (Emphasis added.) decide what its citizens may say and hear." By Nazis had not act ually applied for a permit In Mr. Hamlin's understanding, it is a the end of March, however, Judge Decker to march in Skokie, the Court thought it matter of being "popular" or "despised": to issued a retraining order to postpone the premature to issue the restraining order. The be despised is to be "unpopular." It is ap­ demonstration (and. presumably, the "prin­ Nazis have now officially applied for a per­ parently no part of his own understanding ciple" he articulated) for another 45 days.* mit to march in June, and the question will that certain things are in themselves, in be posed again. Some observers on the scene principle, despicable. • Judge Decker's order was affirmed by an t hink the appellate court might well act in Mr. Hamlin is quite plain on the point that appellate panel of three judges, but then, on t he end to uphold a restraining order; but it we must be free to hear the Nazis in order the motion of the one dissenting judge, the appears now that the argument over the to preserve our freedom to choose the Ns.zts case was brought before the entire appellate restraining order will be made before the if we wish. But of course the Constitution court sitting en bane. The Court decided, on Supreme Court, at the same time that the was never meant to be neutral in this way a narrow point of law, to reverse the previous Court considers the appeal of Skokie in de­ about the choice between despotism and !ree decisions on the restraining order: since the fending its restrictions on the Nazis. government. The Founders understood that May 2, 1978 EXTENSIONS OF REMARKS 12271 the case for government by consent began narrow the holding in Chaplinsky. But as the If the police intervened and dispersed the with a self-evident truth grounded in nature; four Nixon appointees have continued to crowd outside the house, they would clearly as Madison put it during the first Con­ point out in dissent, that novel rendering be restricting political expression; and yet it gress, the natural equality of human beings­ leaves out half of the formula in Chaplin­ should be apparent that the police would be their capacity for self-governing-had to be sky-and the part that has given Chaplinsky quite justified in intervening. But if the law understood as an "absolute truth." And if its fuller reach and significance. can reach a case of this kind it is because it the political order was indeed established on Justice Murphy had not limited the hold­ is possible to recognize the nature of the a necessary, self-evident truth, the perspec­ ing in Chaplinsky to speech of a merely per­ words and gestures themselves, in the context tive represented by the Nazis simply cannot sonal nature that was likely to elicit vio­ in which they are used, and understand that be treated for a moment as plausible and lence. His judgment also encompassed words they were meant to intimidate or assault. legitimate. It cannot be regarded as plausible, "which by their utterance infiict injury," There has never been any serious doubt that is, without calling into question the even if they are not accompanied by overt that speech bears a special significance in a truth of those premises on which all con­ acts that involve a physical assault. In that republican system. Republican government stitutional rights depend. In the last anal­ respect the opinion served to remind us that, begins with the understanding that the ex­ ysis, then, it is a mistake to pretend that the in the strictest understanding of the law, ercise of political power over others must be Constitution is indifferent to the character "assaults" have not required bodily contact: justified, and it sets about to ensure, through and ends of the Nazis. they may be carried out just as effectively by a variety of devices, that people in positions What the Constitution commends, how­ assailants who deliberately stop short of of authority are compelled to offer justifica­ ever, may be one thing; what the Supreme touching the victim's body, as in the case of tions for themselves. The politics of a repub­ Court has wrought in recent years is an­ one who strikes at a person and intentionally lic is a politics that takes place through a other. At this moment our law faces in two misses, or one who points a loaded--0r for public discourse over political things. As our directions. On the one hand the Supreme that matter even an unloaded-pistol at an­ own Founders understood, it is very impor­ Court has eroded those standards that the other person. The assaults in these acts are tant, then, for a republic to preserve a proper law has used over the years to restrain as­ implicit in the gestures, and they may be freedom of discussion about the central con­ saults carried out through speech or expres­ punished even without waiting for bodily cerns of politics-Le., about the conditions of sion. A majority of the Court has even gone injury. justice in the society and the substantive so far as to suggest that there is no prin­ In that sense the case helped to remind ends of the state. The freedom to engage in cipled way to mark off forms of speech that us, too, that there is such a thing as psy­ discussion would be as large as any other are insulting or defamatory, as against forms chological injury or shock, which may be freedom properly exercised. It would be re­ of speech that are neutral or inoffensive. quite as grave-and as much of a concern strained only in those instances in which it Working on this assumption, the Court in the eyes of the law-as an assault on became the vehicle of injury (or "injustice") has made it very difficult to sustain one's body, or a broken leg. When all of these to others. At that moment, however, speech any local ordinance on "provocative" and points were taken together, the Chaplinsky could claim no more protection than any insulting speech, and, as a re­ case suggested in a rather compelling way other mode of freedom. The Founders re­ sult of the decisions that have been taken that people had a claim to be protected from jected the rule of the censor and the con­ in this vein over the last seven years, it does unprovoked or unjustified assaults (includ­ ventions of "prior restraint" on publication. in fact become harder to restrain the Nazis ing verbal or psychological assaults) when But they were uniform in their denunciation in their march in Skokie. they ventured into a public place. of a "licentious" press, and they assumed But on the other hand the Court has never That is not all there was, of course, to the that the laws of defamation (both civil and overturned the precedents that provided the Chaplinsky case, but Lt does suggest the criminal) would function as a form of re­ foundation at an earlier time for the restric­ features that have made Chaplinsky a case dress against the injuries that were inflicted tion of injurious speech. In fact, the Court of such enduring importance. In a far more through speech. has found it necessary in recent years to firm satisfying manner than any other court de­ And so, while the Founders understood up its commitments to those older prece­ cision, Chaplinsky was able to account for that a republican regime was a regime of dents; when it comes to the matter of con­ the grounds on which we would be justified public discourse and confiict, they under­ firming the power of local governments to in calling the police, for example, and order­ stood also that a republican regime was a restrain obscenity and public lewdness, the ing a crowd to "move along" in those cases regime of law before it was anything else. As Court has been compelled to explain, in a where nearly everyone would agree that the a regime of law its first obligation was to more traditional, familiar voice, that not all crowd should, in decency, be dispersed, even render justice: te> protect its citizens against forms of speech and expression can claim the though there is only speech or expression in­ harms that were infiicted on them unjustly, protection of the Constitution. volved. One need only imagine, in a hypo­ outside a process of law. The authority that the Court cites most thetical case, that a crowd gathers before the When it comes, therefore, to the American importantly on these occasions is the classic house of the first black family to move into Nazis and their freedom of expression, the case of Chaplinsky v. New Hampshire, which the neighborhood. No violence is initiated; obligations of the regime are nowhere near was decided by a unanimous Court in 1942. no rocks or bottles are thrown. The crowd as one-sided as libertarians suggest. To the In the passage that is cited most often from merely stands there, perhaps chanting in a extent that the Nazis have any legitimate that case, Justice Murphy argued for the low tone, and, as the day wears on, the role to play at all in the political life of this Courtthat- crowd may go long stretches in which it Republic-a proposition I indulge only hypo­ "There are certain well-defined and nar­ makes no sound at all. There is no breach of thetically-the most the polity is obliged to rowly limited classes of speech, the preven­ the peace, nor even anything that fits the do is respect their liberty to hold meetings, tion and punishment of which have never usual notion of a public disturbance. But conduct discussions, and make themselves been thought to raise any constitutional when the people leave the house they have part of the public discourse. But it is not problem. These include the lewd and ob­ to face the crowd, and the crowd simply obliged to let them make use of the public scene, the profane, the libelous, and the in­ stands there, intimidating by its very streets to carry the symbols of assault and sulting or "fighting" words-those which by presence. genocide to the very homes of the people their utterance inflict injury or tend to incite Since the crowd refrains from violence it who would feel most acutely and properly an immediate breach of the peace. It has might be said that it is engaged in a "peace­ threatened by them. been well observed that such utterances are able assembly" or perhaps even a form of These understandings may all arise with­ no essential part of any exposition of ideas, public protest. For despite the fact that the out strain on the premises of the law as it and are of such slight social value as a step harassment is aimed at a private family, the was-the law th'lt was built on the founda­ to truth that may be derived from them is gathering of the crowd has a larger political tion of the Chaplinsky case. The question at clearly outweighed by the social interest in significance: the aim of the crowd, quite this moment is whether those older premises order and morality." [Emphasis added.] clearly, is to have an effect on the character will be restored. The Court still relies, as I When the ACLU came to offer its brief for of the community by keeping blacks out. In have said, on the authority of Chaplinsky, the Nazis is Skokie it insisted that the con­ pursuing this form of intimidation outside but a majority bas abandoned the teachings cept of "fighting" words applied only to per­ the law, the object is to discourage the mem­ of that c::ise, and the abandonment became sonal epithets that arose in "face-to-face" bers of the family from exercising rights that manifest in 1971 with Justice Harlan's re­ encounters. For some reason it seemed to be are theirs in the law, and perhaps also to markable opinion in Cohen v. California. assumed that these personal encounters were frustrate the ends of a public policy that There is not enough space here to treat that more likely to "incite an immediate breach seeks to bring down the barriers to racial case in the detail it warrants or to chart the of the peace" (more likely, say, than attacks integration. The fact that the crowd refrains ways in which Justice Harlan managed to that were made on a whole racial or religious from speech or discussion is not enough in overturn every premise that was essential to group) . At the same time, since the test in itself to reduce the event to an instance of the doctrine in Chaplinsku. The case in­ Chaplinsky was narrowed to assaults of the "conduct" rather than "speech": it has al­ volved a young man who walked throu~h the most personal nature, it was argued that the ready been established over a long train· of corridors of the County Courthouse in Los holding was not meant to cover speech with cases that "expression" may cover symbolic Angeles wearing a jacket that bore the in­ a larger political significance. In these inter­ acts or gestures that involve no speech or scription "--- the Draft." Before it was pretations the ACLU was essentially follow­ writing at all: e.g., the rendering of a flag over, Harlan had sought to deploy the full ing the direction of the Court in recent years, salute, the burning of a draft card, the wear­ moral weight of the Constitution in order as a majority of the Court has sought to ing of an armband. to protect the "speech" on Cohen's jacket as 12272 EXTENSIONS OF REMARKS May 2, 1978 if it were a political statement on the order moral judgments were ultimately dependent valid political dialogue." The Chief Justice of the Federalist Number 10. And he could on nothing more than subjective feelings or surely must have known that, within the not accomplish that end without revising in personal beliefs, and therefore they could terms of Harlan's opinion in Cohen v. Cali­ a radical way the traditional understanding not be reckoned as true or false in any strict fornia, there would have been no basis on of "speech" (let alone the concept of pro­ sense. At most they were emotive statements which to restrain an act of this kind. priety). that conveyed a sense of likes and dislikes. Yet the law should be obliged to restrain In a reversal of Chaplinsky Harlan argued And so if someone condemned the use of this "expression," and it is Justice Murphy's that if speech contained a residue of political narcotics, all one could say is that he "dis­ opinion in Chaplinsky that explains, far significance it was presumptively protect ed, liked" the use of narcotics (much in the way, more persuasively than anything else, the no matter how injurious it may be, or how Mr. David. Hamil says, that the residents of grounds on which the law may be exercised void of substantive content. If the speech Skokie "dislike" the Nazis) . One could not in this case. The couple could be restrained was presumptively protected, the burden of prove, in this view, that it is ultimately from their public gesture without interfer­ avoidance fell to those who felt assaulted or "right" or "wrong" to use narcotics (or to ing in any degree with their freedom to make offended by it (and it was thought proper, in "dislike" the Nazis), any more than it is right any substantive arguments about the issues this light, to ask the victim to turn away or or wrong say, to like parsley. of the day. And because their sexual demon­ go elsewhere rather than ask the assailant to But as the linguists would explain, the stration is not strictly necessary to "the ex­ restrain himself in public). meaning of words cannot be as subjective position of ideas," the government might well But the conviction that any sign or ex­ and arbitrary as that. Moral terms have the be justified in acting out of a concern for pression was "political" depended on the re­ function of commending and condemning, the sensibilities of other people in a public liability with which it could be said that the approving and rejecting, and they cannot place. sign conveyed a point or stated an argument. play the role they do in our language--they It would take a complicated argument, In the case of Cohen, Harlan was convinced cannot initiate a process of reasoned dis­ however, to explain just why a public display that t he jacket was presenting a statement­ course over moral judgments-unless the of sexual intercourse should be taken as an no less-on a matter of public policy. Ac­ people who use these words understand, when injury or offense to the public. The argu­ cording to Harlan, what Cohen was doing they use them, that they are condemning or ment could be made, but it would be far with his jacket was "asserting [a] position commending a course of action to others. For more difficult than the argument that is on the inutility or immorality of the draft." that to be so, the words that serve the func­ needed to explain why Nazism is a wrong and And yet it should have been apparent that tion of commending and condemning must why the presence of the Nazis in Skokie in­ " • • • the Draft" did not necessarily mean be established rather plainly in common fiicts injuries. The wrongness of Nazism is either one of those things-that the draft was usage. The meaning of words, of course, may of course separate from the palpable in­ "immoral" or "inutile." Very likely it meant alter over time, and many pejorative terms, juries that the American Nazis foster with neither. The profanity on the jacket, like like "robber" or "thief," may be uttered in their presence in the streets; but those in­ mcst expressions that have acquired the sta­ jest, or in circumstances that render their juries are clearly present. tus of "swear words," had a certain coarse­ meaning innocent . But at any given moment, A Supreme Court that knows why the ness to it that was an important part of its anyone who lives with a language every day couple may be restrained should be able to meaning and of the purpose for which it was must have a fairly reliable sense of the words explain also why the Nazis may be restrained. used. There was no substantive argument that are fixed very clearly in the language as The only question is whether the Court is about the military draft that Cohen would terms of insult and defamation, and the ex­ prepared to overcome its recent distractions have been prevented from ID.3king if he had pressions that may be on the borderline be­ and admit to itself more fully that the teach­ merely been asked to remove his jacket (and tween derision and neutrality. ing of Chaplinsky cannot be effaced in any his sign) in a public place. And for the same If there is any lingering disposition to society that would preserve the integrity of reason, there would be no decent substantive believe that offensive words or verbal assaults its public discourse and preserve itself be­ argument that the American Nazis would be are entirely subjective in character, one need yond everything else, as a decent society. prevented from making if they were merely only apply this simple test: Ten years ago For years, the ACLU has professed to be­ restrained from carrying out a provocative Governor George Romney was running in the lieve, with Justice Holmes, that "the best test march into the Jewish neighborhoods of presidential primary in New Hampshire, and of truth ls the power of the thought to get Skokie. in the heat of the campaign he referred to itself accepted in the competition of the But Harlan's opinion in the Cohen case Senator Percy of Illinois as an "opportunist." market." 1 With all proper allowances for that ruled out this traditional understanding be­ When Percy took offense Romney sought to curious proposition, one may still ask: What cause it denied at its root that there were repair the damage. He explained that, when unresolved issue in the marketplace of ideas knowable differences any longer between de­ he called Percy an "opportunist" he simply may the Nazis help to settle for us? In the cent and indecent expression. "One man's meant that Percy was an intelligent man who judgment of the ACLU, is there something in vulgarity," said Harlan, "is another's lyric," took advantage of his opportunities. That is the perspective of the Nazis which has a and it was precisely " because governmental to say, he was merely "describing" Percy plausible claim to truth? If we restrict the officials cannot make principled distinctions rather than judging him, and if anything, he speech of the Nazis is it conceivable that we in this area" that the Constitution left these suggested, his remark should have been taken may shield ourselves from ideas that may "matters of taste and style so largely to the as a compliment: he was actually commend­ turn out one day to be valid? Is it possible, individual." What Harlan denied, then, was ing Percy for alertness in rising to opportuni­ for example, that a convincing case could the existence of any standards for ident ify­ ties. yet be made for genocide if people were given ing speech that was truly offensive, because The measure of one's wllllngness to believe, a bit more time to develop the argument? the offensiveness of the words depended en - with Justice Harlan, that expressions of in­ Might it be that the commitment to a dem­ tirely on the subjective feelings of the people sult or defamation depend on nothing more o ~ratic regime itself stands on premises that who heard them. And t herefore it could only than the subjective feelings of the people may be shown one day to be doubtful? be, as he remarked, that the decision f!.S to who hear them, is one's wllllngness to be­ These possibllities could not be ruled out what langauge is fit for a public place must lieve Romney's account of what he meant. if, in fact, all judgments of moral right and be left "largely [in) the hands of each of us." These understandings were part of the wrong rested on nothing more than "opin­ With the full sweep of Harlan's opinion p erspective that was bound up with the ion." But the wrongness of genocide arises one comes to discover what it takes these Chaplinsky case, and the question again is, from the concept of morals itself, and there­ days to gain a reputation for "modernity" Where does that case now stand in our law? fore no amount of discussion, now or in the and innovation in certain quarters of the Two years after Justice Harlan's opinion in future, could possibly have any effect on its legal profession: it requires the absorption, Cohen v. California, the Supreme court con­ moral status. The wrongness of the act in­ with an unwonted suddeness, of novel doc­ firmed a wide latitude of power to local gov­ heres in the willingness to put to death a trines of philosophy thirty years after they ernments in the regulation of obscenity. The whole group of people with no reference to have been discredited in the schools of phi­ Court invoked the Chaplinsky case as the criminal acts, with no discriminations to be losophy. Long after the doctrines of "logical foundation for its judgment in Paris Adult made between the innocent and the guilty. positivism" have lost their adherents in the Theatre v. Slaton, and, in his opinion for the Genocldo will continue to be wrong as long as academies, the discovery of these doctrines majority, Chief Justice Burger made it ap­ the notion of morals itself exists-as long as by Justice Harlan has been taken by many parent that the invocation was more than it ls possible to speak of the difference be­ lawyers as a revolution in the law. The ex­ a ritualistic exercise. Burger's substantive tween innocence and guilt, of the difference perience may merely remind us of the dis­ comments on the case followed the logic of between klllings that are justified and those tance that has separated the schools of law the under3tanding in Chaplinsky, and indeed the are unjustified. from the discipline of philosophy, and it may he seemed intent on pressing the point that confirm what has often been suspected: that the logic of Chaplinsky simply could not be In the · meantime, however, the ACLU much of what passes these days as juris­ displaced from the law: for the benefit, ap­ is helping to preserve the Nazis as an estab- prudence is really nothing more than third­ parently, of some of his colleagues, the Chief rate philosophy. Justice observed that the "live" perform­ 1 The self-contradictions contained in this At the risk of oversimplification it may ance of a man and woman locked in a sexual proposition have been dealt with quite well suffice here to say that the "logical positiv­ embrace at high noon in Times Square by Walter Berns in "The First Amendment ists" were disposed to argue, with Justice [would not be] protected by the Constitution and the Future of American Democracy" Harlan, that statements which conveyed because they simultaneously engaged in a (Basic Books, 1976) . May 2, 1978 EXTENSIONS OF REMARKS 12273 lished part of the public arena, and the pub­ prayer breakfast that included a message WATER CONSERVATION lic lessons that are drawn from the experi­ delivered by the newly appointed Direc­ ences are not apt to be wholesome. If the tor of the Federal Bureau of Investiga­ ACLU bends its efforts, after all, to support tion, Mr. William H. Webster, whose HON. DON EDWARDS a right of the Nazis to march, what other OF CALIFORNIA lesson does it hope to teach but that the discussion of American religious prin­ Nazis must be regarded as legitimate-that ciples was deeply moving and inspiring. IN THE HOUSE OF REPRESENTATIVES their claim to exist and speak stands on the At the conclusion of the breakfast, Tuesday, May 2, 1978 same plane of legitimacy as that of any other FBI Director Webster was presented with group within the country. But if the Nazis a tribute from the U.S. Chamber of Com­ • Mr. EDWARDS of California. Mr. are legitimate, they cannot be dismissed out merce. I would like to bring this tribute Speaker, on Friday, April 28, 22 of my of hand as implausible, and if the perspec­ California colleagues and I sent a letter tive they represent is regarded as plausible, to the attention of my colleagues. The text follows: to President Carter urging him to include then the self-evident "truth" on which the water conservation as the key concept in American regime is founded cannot in fact be TRIBUTE TO THE FEDERAL BUREAU OF a "truth." It must be merely an "opinion," INVESTIGATION our national water policy. The Western no more or less likely to be true than any States have recently completed one of Public statement supported by the dele­ the worst droughts in recorded history. other "opinion" about the nature of a good gates attending the 66th annual meeting of political regime, including the "opinion" the Chamber of Commerce of the United While water conservation must remain represented by the Nazis. States, May 2, 1978. an important aspect in water utiliza­ But the consequence that arises from this "Delegates to the 66th annual meeting of tion in the Western States, it must also understanding was set forth long ago by the Chamber of Commerce of the United become a key ingredient of water usag-e Lincoln: If democracy were not founded on States strongly urge the Carter Administra­ in the eastern section of the United a natural truth--0n the capacity of human tion and the Congress to resist efforts to beings for moral judgment--then it had to be States. politicize the FBI and to avoid making it a The time has come for all Members founded merely on "opinion": it had to public scapegoat or otherwise weaken this arise merely because it was the form of institution, which is so vital to the protec­ of Congress to join together in support­ government that happened to be approved tion of our system of government and a way ing the President's efforts to emphasize by the opinions of a majority. And if the o! life. the necessity of water conservation in opinions of the majority were the only au­ "Over the years, the FBI has undertaken the daily lives of all Americans. thoritative source of law, there could be no the responsibility of protecting our national ground on which one could challenge the de­ For the record, I have included the security in order to assure the rights of all text of the letter which was sent to Presi­ cisions of a majority in the name of a more citizens. fundamental law. It would be within the "We must be vigilant to ensure that transi­ dent Carter. I have also inserted a news competence of a majority, then, to forgo tory political events do nothing to undermine article which appeared in the May 1978 democratic government for the entire society the FBI strengths or effectiveness. We ap­ issue of Consumer Report entitled, or to withdraw the protections of the Con­ plaud FBI agents and their devotion to duty, "Water: Time to Start Saving?" I am stitution from any minority. The irony is even under criticism and salute their long sure all my colleagues will be interested that the ACLU sees itself as defending at this record of distinguished service and urge their in reading about the changes which have moment the freedom of a minority, but the continued dedication to the protection of in­ occurred in northern California with re­ principles on which it mounts that defense dividual rights and our free society." e would cut the ground out from under con­ gard to water conservation practices. stitutional government itself and, in that HOUSE OF REPRESENTATIVES, sense, would also imperil the freedom of all Washington, D.C., April 26, 1978. minorities. JIMMY CARTER, Nearly two hundred years ago, when a U.S. OIL DRILLING EQUIPMENT TO The President, The White House, Pennsyl­ current of calumnies directed at Catholics RED CHINESE vania Avenue, NW, Washington, D .C. was running through England, Edmund DEAR Ma. PRESIDENT: In your announce­ Burke observed that "if it exists at all [in ment of the review of the National Water Bristol, the city he represented], the laws HON. JOHN M. ASHBROOK Policy, you stated clearly and correctly that h ave crushed its exertions; and our morals OF OHIO water conservation must be the cornerstone h ave shamed its appearance in daylight." CN THE HOUSE OF REPRESENTATIVES for future water resource development plan­ Burke spoke here out of a tradition that ning. regarded the injuries inflicted through Tuesday, May 2, 1978 As you know, California has recently begun speech and expression as a species of in­ e Mr. ASHBROOK. Mr. Speaker, the to recover from its extended drought. During justice and the law was obliged to restrain. United States is continuing to export its that time though, many eyes were opened But he also understood the connection be­ with regard to preserving this precious na­ t ween t he law and the climate of opinion vital technology to the Communist tional resource---water. We urge you to in­ that could support the law and render its world. The latest transaction is with clude water conservation as the key concept strenuous exercise less necessary. As the Red China. in our National Water Policy. Like energy, we ACLU seeks now to resist the use of the law According to the Washington Post, the must work together to best utilize this lim­ in restraining acts of assault and intimida­ Peking regime has purchased the larg­ ited resource. tion, it is also seeking to alter in a radical est piece of oil drilling equipment it has We, the undersigned California Represent­ way the understanding of the public about ever brought from an American firm. The atives, encourage long-term water conserva­ the foundat ions on which its own freedom is sale, estimated at $25 million, was of a tion as the keystone to a comprehensive Fed­ established. The result o! this teaching, eral Water Management Program. however, is to render those foundations less jackup offshore oil rig. The rig is cur­ rently under construction in Singapore With kindest regards. firm, the measure of the difference between Sincerely, our age and Burke's is that the lawyers and by a company 70 percent owned by Don Edwards, George E. Brown, John professionals who have borne the largest Bethlehem Steel. Moss, Ronald V. Dellums, George Dan­ responsibility for the preservation of con­ The new equipment is suitable for ielson, Charles E. Wiggins, Edward R. stitutional government no longer seem to drilling in up to 250 feet of water. A Roybal, Bob Wilson, Del Clawson, understand the moral premises on which that special feature is its legs which, resting James Corman, Fortney "Pete" Stark, government rests.e on an A-shaped steel mat, permit it to George Miller, Anthony Beilenson, be used in areas where other oil rigs Pete Mccloskey, Mark W. Hannaford, would sink into soft sand sea bottoms. Leon Panetta, Phillip Burton, Don Clausen, John L. Burton, Carlos J . ENHANCING FBI EFFECTIVENESS Other U.S. oil rig building companies Moorhead, Norman Y . Mineta, Jerry M. are now trying to get into the act. Liv­ Patterson, and Augustus F. Hawkins. HON. MARGARET M. HECKLER enston Shipyards of Orange, Tex., has reportedly sent representatives to Pe­ [From Consumer Reports, May 1978] OF MASSACHUSETTS king to resume negotiations on purchase WATER: TIME TO START SAVING? IN THE HOUSE OF REPRESENTATIVES of more jackup rigs. The sale of our most sophisticated Newspaper accounts told the story: "Res­ Tuesday, May 2, 1978 ervoir levels falling again." "First violator technology to Communist nations is im­ of ban on swimming pools pleads guilty." • Mrs. HECKLER. Mr. Speaker, at the possible to justify. It only adds to their "Many sends letters of advice to city officials annual meeting of the Chamber of Com­ growing military might. The real winner on saving water." Those reports might have merce of the United States, I had the in this transaction is Red China, not the appeared last year in California, but they honor this morning of taking part in a United States.• didn't. They date back to 1965, when a 12274 EXTENSIONS OF REMARKS May 2, 1978 drought threatened New York City's water Tucson, for example, is filled with gurgling kits, which included low-flow shower heads supply. fountains, and residents there use hundreds and bottles to put into toilet tanks. More As New Yorkers learned then, and as Cal­ of gallons of water each day to keep their than 90 percent of Marin water-users took ifornians found out two years ago, a water lawns green. The state's golf courses each the kits and, apparently, used them. In addi­ shortage can hit anywhere and at any time. drink up about 160 million gallons of water tion, people stopped running water when But the lesson rarely sticks. Most people a year. brushing their teeth, shaving, or soaping up think about water only when a drought Under Arizona law, ground water must be in the shower. Vegetables were washed in a threatens to make the taps run dry. For put to "reasonable" use, but no one has yet pan and the water reused; dishes were rinsed the most part, water has always been con­ been able to establish a use that isn't rea­ in a pan of clean water instead of under the sidered a free resource of unlimited avail­ sonable. As one water official told CU: "If faucet. Many people followed some extreme ability in this country-an attitude that someone is willing to pay the cost of the measures: They took buckets into the shower might have made sense years ago, but one water, the use has to be reasonable because with them to catch "gray" water, which we can't afford today. he's paid for it." could then be used to flush toilets or to water Environmental considerations now re­ Homes, farms, and businesses in Arizona gardens. strict the building of new dams; the cost of draw some water from lakes, rivers, and the The result: Marin County residents re­ new reservoirs and sewage treatment plants like, but much of the state's water supply duced their water consumption by 65 per­ are increasing rapidly; and the population comes from under the ground. The state's cent last year. Only 5 percent of water-users, is shifting to the Sunbelt states, where wa.ter population more than doubled between 1950 including many businesses that couldn't re­ is scarcer. According to the Water Resources and 1970, and may double again by 1990. All duce their usage, exceeded their quotas. Council, an independent Federal agency, those new water-users are pumping water AFTER TH:=: DROUGHT : A GOOD OMEN there could be "critical" water problems be­ out of the ground at a furious rate. Each Once the drought ended, so did the water tween now and the year 2000 in Arizona, year, Arizonians a.re removing 715 b1llion California (a~ain), Florida, Kansas, Nebras­ restrictions. California's water problems more gallons of water than can be replaced ended so dramatically that, over one week­ ka, Nevada, New Mexico, Utah, Wyoming, by rainfall and other sources. and parts of the Pacific Northwest. end, an office in Sacramento changed its In Tucson, wells must be sunk 100 to 300 name from "Drought Information Center" to The nation's view of water as an un­ feet to strike water, even near stream beds. limited resource is changing-but slowly. A "Flood Control Center." However, many Cal­ The water table in Tue.son has been dropping ifornians seem to have retained their water­ few areas not normally associated with more than 2.5 feet a year, on average, and shortages are becoming more careful about saving ways. In Marin County, for example, as much as 12 feet in some areas. No one water consumption was still running 45 per­ water usage. Near Washington, D.C., for ex­ knows how long it will be financially feasi­ ample, the Washington Suburban Sanitary cent below pre-drought levels when this ble to keep pumping up ground water, or issue went to press. Commission has been promoting voluntary whether water quality will deteriorate as the water conservation for several years and re­ The way Californians have incorporated wells go deeper and deeper. the need to save water into their daily lives cently introduced a new rate schedule de­ In this situation, you might expect Arizon­ signed to hold down consumption. In New is a positive sign for conservation efforts ians to pay close attention to water conser­ elsewhere. It is possible to save water with­ York, the LQng Island Lighting Co. has sent vation. Not so. La.st year, the Tucson city shower flow restrictors to its 800,000 residen­ out sacrificing comfort or convenience, and council voted four to three to increase water at minimal expense. tial customers, a step intended to reduce rates. As a result, one of the four-member both water use and the demand for fuel to The place to start is the bathroom, since majority resigned from the council, and the bathing and toilet-flushing together account heat water. And some local plumbing codes other three were recalled by overwhelming are being changed to require the use of for nearly three-fourths of the water used votes. inside the house. In the report that follows, water-conserving toilets, faucets, and show­ Meanwhile, Arizona's water table continues ers in new or remodeled hOines. we discuss an array of devices-both home­ to drop, causing the land to sink-with po­ made and commercial-that should save WHY CONSERVATION MATTERS tentially disastrous results. As a report on water when the toilet is flushed. A compan­ Though it's difficult to measure the na­ Tucson's water situation noted: "Where the ion report, beginning on page 300, rates a tion's water usage precisely, one estimate land subsides at uneven rates, fissures as broad sampling of devices that allow you to put total water consumption in 1975 at 106.6 much as three feet wide may develop, road­ shower with less water. e billion gallons per day. Of that amount, city beds may be offset, and water, sewer, and and rural domestic water supplies took just gas lines may be broken." 6.3 billion gallons, while 86.4 billion gallons LIVING WITH LESS went for agriculture, largely for irrigation. Even though the recent drought in Cali­ Those figures would seem to indicate that NEW FARM BILL BENEFITS SYN­ even a dramatic cut in water usa.ge by house­ fornia involved nothing as catastrophic a.s THETICS EVEN MORE THAN COT­ holds would add only a drop to the bucket gaping cracks in the earth, the situation was TON of water available-or at most not more than serious enough. To deal with the two-year­ a cup. long shortage, California communities insti­ However, the statistics mask the fa.ct that tuted strict rationing, and public conscious­ HON. PAUL FINDLEY ness about the need to save water became conserving household water can be beneficial OF ILLINOIS acute. As one San Francisco newspaper col­ in a number of ways that have nothing to do IN THE HOUSE OF REPRESENTATIVES with your own utUity bills. (If you conserve, umnist wrote, "The borrow film of the year you will save a little on your water bill, and, on TV was Hitchcock's old 'Psycho,' not be­ Tuesday, May 2, 1978 assuming you use less hot water, you could cause Janet Leigh was stabbed to death in save quite a bit more on your gas or electric the shower, but because she left the water e Mr. FINDLEY. Mr. Speaker, the Cot­ bill.) running." ton Economic Review published by the An overall reduction in water use would Marian County, an amuent suburban area Economic and Market Research Depart­ mean that more homes could be built in a across the Golden Gate Bridge from San ment of the National Cotton Council given area without adding new water sup­ Francisco, began a mandatory rationing of America reported on April 28 that de­ plies. That can be important because find­ program early in 1976. Car-washing was spite an increase in retail sales of 1.9 ing new water supplies and delivering the banned, along with such other wasteful percent and an increase in personal in­ water to customers is expensive. In many practices as the use of sprinklers to water areas, water is delivered to houses through lawns and gardens. This limited program cut come of 1.2 percent in March, U.S. mill costly pumping facilities; building new stor­ water usage by slightly more than 25 per­ consumption of cotton dropped 8.5 per­ age and distribution facilities for fresh wa­ cent, but it became clear that the reservoirs cent below the previous month and con­ ter isn't cheap or easy, either. Those a.re costs could run dry by the end of 1977 unless sumption for the first quarter of 1978 was everyone will pay, in one way or another. stronger measures were taken. running at a rate of 6.57 million bales In arid regions, where rainfall or ground The goal last year was to reduce water compared to 6.8 million bales in 1977. water is insufficient to meet increased de­ consumption by 57 percent. County water officials gave each customer an allotment of For the quarter cotton's market share mand, there may soon be a need to use sea shows cotton losing competitively both water-but removing the salt is an expensive water, based on the number of people in the and energy-intensive process. Finally, reduc­ household. One person living alone, for ex­ in total markets share and in the staple ing water usage eases the load on sewage ample, would get 49 gallons per day; a family sector. plants and moderates the cost of sewage of three would get 129 gallons. (Before the The conference report we consider this treatment. Some people pay for both water drought, a three-person family used an week is good news for DuPont and Cel­ and sewage treatment, and the cost of treat­ average of 320 gallons a day.) To maintain anese as the effort to keep the cotton ing sewage is increasing along with the cost those quotas, stiff new water rates were im­ price loan at a minimum level or 48 cents of fresh water. , posed. The basic rate was doubled; anyone who used up to twice the quota pa.id more per pound through 1981 gives these syn­ "REASONABLE" OR WASTE WATER USE? than eight times the old rate, and usa.ge thetic manufacturers the same floor for The current situation in Arizona shows beyond that cost 40 times the pre-drought their polyester staple. Our purpose clearly how a water crisis can develop un­ rate. should not be to subsidize large multina­ less people begin to use water more wisely. The county also offered free water-saving tional petrolchemical giants. We must May 2, 1978 EXTENSIONS OF REMARKS 12275 consider the full impact of the cotton Actual U.S. exports of cotton amounted to Let us keep cotton competitive in U.S. section of the conference report. It sim­ almost 704,000 running bales in March, the and world markets in its battle with for­ highest monthly total since March 1974; eign produced cotton and synthetic fi­ ply will not benefit cotton in its battle The Census Bureau's report on cotton with synthetic fibers and foreign pro­ stocks indicated that nearly 1.1 million run­ bers. We can continue to do so by defeat­ duced cotton. ning bales were in process of moving from ing this conference report or by severing COTTON CONSUMPTION DECREASES public storage warehouses to mills, ports and the cotton section from the report.• The detail; of National Cotton Council other shipping points at the end of March analysis of this situation show that: 1978. U.S. mill cotton consumption (seasonal­ The Council report notes the USDA INCOME REDISTRIBUTION AND ly adjusted annual rate) slipped below 6.5 attempt last month to reduce 1978 cot­ CARTER ADMINISTRATION million bales in March compared with near­ ton plantings by making available pay­ ly 6.7 milUon in February. Cotton's market ments to producers for not planting a share recovered in March, however, to 26.9 percent of all fibers consumed and 43.5 per­ certain percentage of their crop. The re­ HON. TOM HAGEDORN cent of staple fibers. That compares with part states: OF MINNESOTA 25.5 and 41.fi percent of all fibP.rs and staple Since the Carter Administration outlined IN THE HOUSE OF REPRESENTATIVES fibers respectively in February. its new farm policy on March 30, several For the full first quarter, cotton's annual modifications have been announced -that a.f­ Tuesday, May 2, 1978 rate of consumption was 6.57 million bales fect cotton: •Mr. HAGEDORN. Mr. Speaker, while compared with 6.8 million a. year earlier and (a.) On April 6, Secretary Bergland re­ it has not always been easy to identify 6.74 million the previous quarter. Quarterly vised the voluntary paid deversion program common threads in the economic policies market share results show cotton losing com­ for cotton.. The change specified that, to petitively both in the total market and in be eligible for diversion payments, a farmer's of the Carter administration, there does the staple sector. At 26.1 percent, cotton's planted acres in 1978 plus diverted areas seem to be at least one discernible prin­ share of all fibers consumed was 1.6 percent­ could not be greater than his 1977 planted ciple-an abiding belief in the rightness age points below its first quarter 1977 share acres. (The initial announcement specified of income redistribution. The only appar­ and 1.2 points off the fourth quarter share. that 1978 planted acres could not exceed ent objective of many of its programs The appended table shows similar market 1977 plantings.) seems to be the transfer of income from share losses in the staple sector. (b) On April 12, USDA instructed ASCS those who have earned it to those who It is also instructive to look at consump­ offices to approve voluntary diversion pay­ have not. tion on the cotton system where cotton's ments for cotton farmers who in compliance closest-but certainly not its entire--com­ with the March 30 announcement had: I would like to insert in the RECORD a petition occurs. Consumption of a.11 fibers 1. Filed an intention to participate in the short study by Roger Freeman and Alvin on the cotton system was virtually un­ upland cotton voluntary diversion program Rabushka of the Hoover Institution at changed between March 1977 and March on a fa.rm on which cotton in excess of 90.9 Stanford University examining the re­ 1978. But cotton consumption dropped from percent of the 1977 planted acreage had distributionist elements of the Carter a seasonally adjusted annual rate of 6.8 mil­ been planted prior to March 30, 1978, or program. They conclude that the policies lion bales a year ago to 6.57 million in 1978's 2. Planted an acreage of upland cotton of the administration will succeed only first quarter. The result was a market share of more than 90.9 percent but not in excess loss of 2.2 percentage points to 59.9 percent. at the "expense of initiative, respect, and of the 1977 planted acreage, or a healthy productive private enterprise With eight months' data for the cur­ 3. Took irreversible actions such as apply­ rent season now in hand, USDA's devised ing herbicide, fertilizer, etc. in preparation economy." U.S. mill consumption estimate of 6.7 million .for planting an acreage of upland cotton INCOME REDISTRmUTION EFFECTS OF PRESIDENT bales seems optimistic but, perhaps, attain­ of more than 90.9 percent but not in excess CARTER'S LEGISLATIVE PROPOSALS: AN OVER­ able. The annual rate of consumption will VIEW have to average a much improved 6.85 mil­ of the 1977 planting acreage. (Mere tlllage of the land will not sumce.) During his presidential campaign Jimmy lion bales for the remaining 4 months to Carter was regarded a way-out liberal by reach the estimate. The Department has extended through May 15 the sign-up period for 1978 programs. some, a staunch conservative by others. On EXPORTS REMAIN STRONG The two-week extension was made because the whole, he managed to come closer than The Council analysis further shows of program changes. any of his competitors to being all things to that exports continue to be strong. Will Following the April 12 instructions to all people. He declared his dedication to lim­ this situation remain constant? Possibly ited and smaller government and simulta­ ASCS omces, USDA noted certain abuses of neously espoused dozens of huge new or not if the cotton loan departs from its the liberalized eligibility provisions and said expanded social programs. relationship to the world price. We estab­ it might be necessary to issue stricter guide­ After a year in the Presidency, he still lished the cotton loan as a percentage of lines. At press time, however, no new rules seems to be fighting on both sides of the ideo­ world price starting with the Food and had been received by local ASCS omces. logical fence. In his State of the Union Mes­ Agricultural Act of 1965, because we had Mr. Speaker, the report attempts to sage of January 19 he said: "We need to a carryover of some 16 million bales of analyze this USDA action on 1978 plant­ realize that there is a limit to the role and cotton at that time. We should not take ing intentions and concludes that: function of government.... Government the :flexibility from the cotton loan for­ cannot eliminate poverty, reduce inflation, 1978 cotton acreage diversion program, as save our cities, cure llliteracy, provide energy, mula. Farmers have enjoyed progressive­ such is not expected to result in a reduc­ or mandate goodness.... We should rely ly increasing income since we made a tion of as much as one-half million acres in principally on the private sector to lead the turn toward a market orientation for actual plantings in 1978. economic expansion and to create new jobs cotton with the 1965 act, and which we for a growing labor force. . . . " No conserva­ continued with the acts of 1970, 1973, Keep in mind that the 10 percent in­ tive could have said it better. and 1977. A lack of :flexibility could leave crease in the loan rate from 44 to 48 Then Mr. Carter proceeded to demand-as use with future excessive cotton pro­ cents per pound could spur additional he had throughout the preceding 12 duction geared not to market, but to loan plantings by producers with rela­ months-a series of programs to make Amer­ tively low costs of production in the icans more dependent on a perpetually grow­ infiexibly high loan levels. ing and more powerful government. In his Let us stay with the existing cotton Southwest, particularly in the state of Texas which has the highest level of campaign he promised to restrain govern­ program which is providing cotton pro­ mental in-owth-but as one of his first acts ducers their income from the market­ production equalling almost 50 percent as President boosted the Federal budget by place. The Council report on the healthy of production nationwide. Farmers have $19 million. export situation states that: until May 15 to make their planting In January 1978, President Carter declared, Several recent developments related to the decisions. "I do not believe in wage and price controls," cotton export market suggest that U.S. cotton Cotton producers sought the paid di­ but he continued to insist on controlling export activities will continue at a. relatively version program in order to cut back prices of domestic natural gas and crude on. lively pace into the final quarter of the acreage and hopefully strengthen prices. U.S. News & world Report on October 1977-78 marketing year. Additional production encouraged by 17, 1977 wrote: "After almost nine months in The omcial USDA export projection for this one of the world's most visible jobs, Jimmy this season was raised from 5.0 to 5.5 mlllion arbitrary increase in the loan to a Carter remains as big a puzzle as ever ln his bales; :floor price of 48 cents will serve as a own· country and abroad. In fact, uncertainty Total export commitments for the season price depressant. Surely cotton farmers about what makes the President tlck, about increased to 6.2 milUon bales a.s of April 16, would not like to see such a turn of his personal philosophy and about the goals the highest level since 1973-74; events. of his administration may be even stronger 12276 EXTENSIONS OF REMARKS May 2, 1978 in some quarters than when he took omce Historically· much of the redistribution of And fourth, there has been a dramatic in January." A keen observer in the field of property, between nations and within na­ shift of income from ownership to employee foreign policy exclaimed: "On Monday, tions, has been accomplished by violence-­ compensation since 1950 with the share of Wednesday and Friday he is for the Arabs, on robbery, revolution or war. Progressive taxa­ ownership-corporate profits, proprietorship, Tuesday, Thursday and Saturday for the Is­ tion a.nd social spending through cash trans­ rental lncome--cut to half. This is indicated raelis, and on Sunday he goes to church." fers and public programs appear now to have by the distribution of national income However, if we eschew his rhetoric and become a more popular and more widely (which does not include transfer payments): submit his domestic programs to a close used method of achieving by the legislative analysis of what they will do, rather than process what previously could be obtained TABLE 11.-DISTRIBUTION OF NATIONAL INCOME IN THE what they are supposed to do-we find Mr. only by individual productive effort or UNITED STATES BY MAJOR SECTORS, 1950 AND 1977 through dispossession by force. It amounts Carter less of an enigma. A common denomi­ [In percent) nator, a common threat, runs through most to winndng at the voting booth what was not of his proposals on domestic affairs. It is achieved by blood, sweat and tears. In- De- sometimes explicit, more often implicit. It is TRENDS IN INCOME DISTRmUTION the standard populist aim of redistributing Economic sector 1950 1977 crease crease income and wealth from those who earn it Four major points need to be made about to those who yearn it, or, more specifically, the nature of income redistribution in the Employee compensation.__ 65. 5 76. 1 10. 6 ______from those who produce it to those who United States in the past quarter century. ======mean to consume it. It is a redistribution First, the number of persons below the Corporate profits ______14.3 9.2 ------5.1 poverty level in the United States has Proprietors______16. 3 6. 4 ------9. 9 from producers to nonproducers, though Rental income______2.9 1. 7 ------1. 2 sometimes only from those who produce dropped from 40 million to 24 million since more to those who produce less. This means 1959, cutting its percentage of the general Total ownership____ 33. 5 17. 3 ------16. 2 population in half, from 22.4 percent to 11.4 Net interesL------1. 0 6. 6 5. 6 ------that it is not always redistribution to those percent.• This trend was considerably in­ at the very bottom of the income scale. Grand total______100. 0 100. 0 16. 2 16. 2 In the United States, as in other industrial fluenced by the expansion of income main­ nations, the shape of income distribution tenance programs. has changed from a pyramid to a pear, with Second, shares in the aggregate income by Source: Economic Report of the President, 1978. the great majority of the people not at the quintiles have changed only at the top and The nature and strength of economic and low end but toward the center. This means bottom end over the past quarter century. political forces at work give no indication that the majority of the voters are not at the The share of the lowest one-fifth of families that the trends in distributive changes over bottom end but closer to the middle. Thus went up from 4.5 percent in 1950 to 5.4 per­ the past quarter century will alter signifi­ more redistribution to the very poorest of cenit in 1975 (20 percent growth) and the cantly in the immediate future. Goals and families--though it may sound more com­ share of the highest one-fifth of fammes de­ legislative proposals of the Carter Adminis­ passionate and charltable--is no longer the clined from 42.7 percent of pre-tax income tration will, if enacted, in all likelihood tend definitive goal. There simply aren't enough in 1950 to 41.1 percent in 1975 (a 4 percent to shift income from higher to lower income votes at the bottom of the income scale. drop) . The second, third and fourth quintiles recipients, though not necessarlly to the low­ What we see increasingly, is a middle class remained stable. est income group, as demonstrated in the welfarism. a redistribution for the benefit of Third, significant changes have taken place various analyses that follow. fam111es just below or at the middle of the between the major economic sectors (see scale--ftnanced by the most productive and Table I) . The share of owners--from divi­ CARTER PROMISES AND PROPOSALS dynamic elements in our society-those dends, business proprietorship and rental­ In March 1977 the White House released whose activity makes the difference between dropped sharply by more than half over the a 111-page compllatlon of about 600 promises rapid economic growth and stagnation. past 27 years, while the share of labor made by Mr. Carter during his presidential The goal of redistribution from the top is slightly increased (the increase was reduced campaign. Some of those promises have since largely illusory-there is not enough money by larger Social Security contributions). been translated into legislative proposals to among the small group at the top to benefit Most of the gain was in transfer payments the Congress or other types of action, some significantly the far larger numbers below. and personal interest (due to growth in sav­ have quietly been dropped, some are incon­ Taxes which may seem to be paid by the rich, ings and interest rates). This amounts to a sistent with others and may never again see in the end will largely be borne by those in major income shift from producers to non­ the light of day, and the remainder remain the middle. That satisfies the desire "to hit producers. the man with the top hat" and provides the in limbo. funds to make the recipients feel that they TABLE 1.-DISTRIBUTION OF PERSONAL INCOME IN THE On December 17, 1977, the White House re­ are getting something for nothing. Actually UNITED STATES, BY MAJOR SECTORS, 1950 AND 1977 leased a summary and outline of the Presi­ dent's domestic legislative activities for the we have gone so far in this game that it is [In percent) largely no longer a case of robbing Peter to first year of his administration. Major pro­ pay Paul but of robbing Peter to pay Peter. posals on the list include energy, welfare re­ In- De- form, Social Security refinancing, and eco­ It's done with mirrors. But done cleverly, it Economic sector 1950 1977 crease crease seems to pay off politically. nomic recovery-the "stimulus package." On January 21, 1978, Mr. Carter added to this After all the income redistribution, the Labor ______family in the middle--and that is the great 66. 7 70.2 3.5 ------list as he sent his tax message to the majority-pays in the end for what it gets. Social security contributions -1.3 -4.0 -2.7 ------Congress. For a hefty brokerage fee for its money's Net labor income _____ 65.4 66.2 .8 Most governmental actions have the po­ round trip to Washington, the family finds ------tential of affecting income distribution in one its actions and its decisions increasingly con­ Corporate dividends ______3.9 2. 7 1. 2 way or another, and President Carter's pro­ Proprietors ______11. o 10.6 posals are no exception. The object of this trolled by an ubiquitous and omnipotent Rental income ______3.1 6.1. 64 ======1. 5 Federal bureaucracy and judiciary elected by ------report ls to consider the President's major no one and responsible only to themselves. Total ownership 24.0 10. 7 ----fr 13.3 proposals which either explicitly aim at re­ Redistribution of income and property has Transfer payments ______6. 7 13. 5 distributing income or, though not so in­ Personal interest______3.9 9.6 tended, bring about major shfits in income in recent decades increasingly been viewed 5. 7 ======as a prime purpose and task of government. Grand totaL ______100.0 100. o 13. 3 13. 3 from some persons to others, from one region This, more than anything else, explains the of the country to another, from producers of spectacular growth in domestic public ex­ some goods and services to the producers of penditures over the past quarter century. Source: Economic Report of the President, 1978. others, and so forth. The report analyzes the The absence of positive results does not redistributive effects of Mr. Carter's major seem to deter the enthusiasts of social engi­ proposals for a national energy plan, welfare neering. As Ben Wattenberg and Richard •Based on Census Bureau data for 1959 reform, tax reform, and refinancing of Social Scammon expressed it, "The liberal battle cry (earliest year) to 1975 (latest year), P-60 Security. Substantial evidence ls available has become 'We have failed; let us con­ #108. There are presently no reliable sta­ with which to discuss income redistribution tinue.'" (Commentary, April, 1973.) tistics available on income distribution in in each of these policy areas. The aim is to redistribute through the po­ the United states. Annual and periodic sample surveys by the Census Bureau in­ INCOME REDISTRmUTIVE EFFECTS OF PRESmENT litical process the rewards and punishments CARTER'S LEGISLATIVE PROPOSALS of the market. It is the goal of those who clude only money income (not income in do not believe that an individual is entitled kind, such as food stamps, medical & hous­ The overall result of Mr. Carter's proposals to the value of his product or service, who ing benefits, etc.) and aggregate between % in these areas would be to engender massive feel that the allocation of natural talent is and% of such income according to National and explicit redistribution of income from basically unfair and must be compensated Income and Product accounts, thus leaving the top two or three quintiles of fam111es for in a more egalitarian direction. Since a wide gap. No size distribution of Personal ranked by money income to the bottom two talent cannot be redistributed among per­ Income has been available since 1964. The quintiles-away from the more productive to sons, at least the product of such talent and data given are the best avallable, buit should the less productive members of society. Our effort should be. be taken with a grain of salt. findings can be summarized as follows. May 2, 1978 EXTENSIONS OF REMARKS 12277

ENERGY this could be effectively enforced. To provide Action in Social Security was made impera­ 1. Rebates of the crude oil wellhead tax, job openings, a Federally financed public tive by the generosity of earlier Congresses the tax on gas guzzlers and the standby service employment program for up to 1.4 which had raised benefits to a level where gasoline tax, coupled with continued and ex­ million persons would be established. It is, expenditures exceeded income substantially panded price controls on natural gas, consti­ however, questionable whether the openings and the system would have faced bankruptcy tute an explicit redistribution of income would, in the long run, really be additional within a few years. The 95th Congress re­ from the top three quintiles of families jobs. State and local governments might use solved the fiscal problem by boosting Social ranked by money to the bottom two quintiles. those workers in lieu of unsubsidized em­ Security taxes and the political problem by placing most of the additional burden on 2. If passed intact, the program represents ployees they otherwise would have hired. The a massive tax increase for the average Amer­ effect of these steps would be to make public persons in high earnings brackets. Since the assistance benefits available to millions of passage of the Social Security amendments ican family and real incomes will suffer as in December 1977, no formal major Admin­ inflation pushes taxpayers into higher tax families above poverty levels, closer to middle income groups. istration proposals regarding Social Security brackets~the full package of energy taxes is TAX REFORM have been submitted. estimated to cost a total of $377 billion over The Social Security tax increases amounted the next eight years ($5,390 for the average On January 21, 1978, President Carter to the biggest peace time tax boost ever, American family), which makes the Carter transmitted his long promised Tax Message adding $227 billion to the nation's tax bill energy program the most significant increase to the Congress. It would, according to Treas­ over the next 10 years. The Social Security in the middle-class American's tax burden ury estimates, reduce some income tax lia­ tax rate on both employers and employees in the nation's history, far exceeding the bilities by about $34 billion and raise others was raised from 5.85 percent in 1977 to 7.15 $277 billion increase in new Social Security through so-called reforms by $9 billion, for percent by 1987, slightly above the previously taxes. a net cut of $25 billion. It is purely conjec­ scheduled rate of 6.45 percent. The Social 3. Carter's energy plan will also transfer tural whether these actions would, in the Security tax bill of all employees and em­ income from rural to big-city areas, from aggregate, offset boosts in Social Security ployers will thereby go up 11 percent over the Western and Southern regions t::> the taxes and proposed energy taxes, as well as the previously scheduled rise, 22 percent over Northeast, and from the producers and users increased revenues resulting from the effec­ the tax levied in 1977, a comparatively mod­ of oil to the producers and users of coal. tively higher tax rates caused by inflation. est increase. 4. The Carter energy plan also entails mas­ If we had to make an estimate at this time, However, the maximum wage base upon sive capital requirements that cannot be met we would expect the proposed cuts to amount which the tax is imposed was boosted from without contributing to rising interest rate3, to no more, and possibly to less, than the $16,500 in 1977 to $42,600 in 1987, an increase a loss in real GNP, higher rates of unemploy­ probable increases. We have examined of 158 percent. This means that workers with ment, and an increase in inflation. more closely other results of Mr. Carter's earnings up to $16,500 will have their Social WELFARE REFORM proposal. Security tax bill boosted by 22 percent, at 1. The size of the combined tax boosts and That something needs to be done to cor­ $28,000 more than doubled, wt $42,000 more cuts would be less significant than their than tripled. This probably is the most rect severe shortcomings in our welfare sys­ nature, their effect on income distribution. tem has long been widely recognized though powerful peacetime boost ever in tax pro- . The changes enacted in Social Security will gressivity and in related income redistribu­ views differ sharply on the changes that place a heavy additional burden on persons ought to be made. Mr. Carter acidly de­ tion. Because Social Security benefits are in the upper two income quintiles, the pro­ weighted heavily in favor of low-wage work­ nounced current public welfare during his posed "tax reform" will raise the burden campaign and after assuming office and ers, the taxpayers who bear most of the mostly in the upper half of the range, while additional burden will get little in return. pledged a complete overhaul. In August 1977 the cuts are concentrated largely in the two he submitted proposals to replace existing Congress rejected two major Social Se­ lower income quintiles. This would also be curity proposals by the Carter Administra­ programs of AFDC, SS!, Food Stamps and true of the energy taxes if Mr. Carter's recom­ General Assistance with a program called tion: one would have levied Social Security mendations were enacted. taxes on a higher maximum wage base on Better Jobs and Income (BJAI). In other words, the multiple tax boosts and BJAI consists basically of a plan guaran­ employers than on employees, and, in fact, cuts will not offset each other in their impact abolished the maximum altogether for em­ teeing to all persons a nationwide minimum on income redistribution but be additive: income-amounting to $4,200 for a family of ployers by 1981. On its face, and in the they will make the tax system substantially short run, this would have substantially four-with Federally subsidized state sup­ more progressive than it now is. plements. It resembles the Family Assistance boosted taxes on business and on persons 2. Mr. Carter has called the tax system in high income brackets. In the long run, Plan considered by Congress from 1969 to "just a welfare program for the rich." This, 1972 and finally rejected. We find the effects however, the business tax increase would despite the fact that the top 10 percent of probably have been passed on largely to con­ of adoption of BJAI likely to be as follows: the taxpayers now pay about half of all in­ 1. Coverage and costs would increase. The sumers in the form of high prices and par­ come taxes and that more than half of all tially back to employees in the form of Congressional Budget Office (CBO) estimated personal income in the United States goes that the number of families receiving cash smaller wage increases. It was obviously in­ untaxed, with most of the $600+ billion of tended to make it appear that this scheme assistance would increase by about 50 per­ taxfree income located in the low and lower­ cent in the first year of full operation, the would "protect" the average worker and place middle income brackets. the burden on big business. equivalent of about 22 million persons. CBO The rate reductions which Mr. Carter pro­ also upped the Administration estimate of a posed-and which account for most of the The other change proposed by Mr. Carter net additional cost of $2.8 billion in the first cut in his plan-would lower tax liability 14.3 was to use general revenue funds for So­ year to $14 billion. Even that total could percent in the lowest income bracket, 2.9 cial Security purposes. Since the budget is in understate the final cost substantially. percent in the top bracket. a heavy deficit situation this would have 2. About three-fourths of the additional His change of the current $750 personal ex­ amounted to giving inflation another push recipient families would be in the pre-wel­ emption (plus 2 percent credit up to $9,000 upward. fare income class from $10,000 on up and taxable income) to a $240 tax credit would CONCLUSIONS about three-fourths of the funds would go shift $4 to 5 billion in taxes from the lower One clear commitment is prominent in to famiiles above the poverty level. half of the income scale to the upper half. President Carter's policy preferences in pro­ 3. With most families at the lowest income Other tax boosts, mislabeled "tax reform," posals having fiscal implications: the com­ level already on welfare, most of the newly ranging from deductions for business meals mitment to redistribute incomes. added recipients would be in somewhat to minimum tax and foreign operations, In every instance of the four major policy higher income brackets. BJAI would estab­ would directly affect mostly persons with areas we examined-energy, taxation, Social lish Federally financed middle class welfar­ above average income. ism. Security, and welfare-Carter's policy pref­ 4. Mr. Carter called BJAI a "job-oriented A reduction in the corporate tax rate from erences indicate this bias. The effect of 48 percent to 44 percent would be offset for adopting all of his proposals would be bru­ program" in the expectation that many re­ many taxpayers by the tightening of provi­ cipients would seek and obtain partial or tally cumulative. The final result would be sions for building depreciation, bad debt re­ a massive and explicit redistribution of in­ full self-support through gainful employ­ serves, etc. ment. As an incentive, recipients would be come from the top two or three quintiles of permitted to keep half their earnings in addi­ Many of those "reforms" would be eco­ families ranked by money income to the bot­ tion to their welfare benefits. For the first nomically detrimental. They may be based on tom two quintiles. time employed persons, the "working poor," political arithmetic which tells us that in We were not really surprised to find this would be entitled to a supplemental income. 1974 ten times as many returns were filed populist bias. We were surprised, however, with income under $12,000 than with in­ to find so prominent another redistributive 5. There is a serious question whether come above $25,000. BJAI would in the end increase employment bias: a transfer of more monies to people or would mostly boost welfare rolls far be­ SOCIAL SECURITY REFORM not considered among the very poor. Presi­ yond anything we have yet seen. Although We cannot assess the redistributional im­ dent Carter would commit the United States recipients deemed able to work would be re­ pact of Mr. Carter's proposals without view­ to middle class welfarism. quired to seek employment, experience over ing recent changes for financing the Social The mysticism of rhetoric, removed from the past 15 years makes it very doubtful that Security system. reality, seems to be leading Mr. Carter to be- CXXIV--773-Part 9 12278 EXTENSIONS OF REMARKS May 2, 1978 lteve that there are vast untapped sources tice. Thus, fibrous asbestos dust is re­ ized because of elimination of environmental among the "rich" to distribute effectively to leased into the atmosphere, and remains pay, compensation claims, and insurance the "poor." The reality is that he wants to premiums, not to mention the monetary tap the earnings of the middle class to extend a threat to many workers. value placed on human suffering. welfarism not only to the very poor, who are The danger is not ·limited to the as­ 2. Immediate and mandatory compliance declining proportionately, but to a larger bestos workers-those who work with with existing rules and regulations regarding segment of the middle class itself. As we the materfal, and are trained to recog­ asbestos control. said earlier, he means to rob Peter to pay nize the dangers involved. Other work­ Until recommendation No. 1 can be im­ Peter. ers in the shipyards are also exposed to plemented, an enforcement mechanism must The result will be a major income shift the dust, as is anyone near the area be established with authorization and power from relatively high producers to relatively where the work is being conducted. to assure compliance with applicable laws low producers and non-producers, from and regulations. Presently, enforcement of earners to yearners. The process will result Members of the worker's immediate these regulations is the responsibility of in more jobs-jobs in government agencies. families can be exposed through the "staff" personnel (advisory only). The victims will be ourselves, a shrinking dust carried home in the employees' In order to assure strict compliance with productivity, and a shrinking private sector. clothing. the established guidelines pertaining to as­ Finally, while there is little serious oppo­ The chances an individual has in con­ bestos control, the enforcement mechanism sition these days to the notion of progressive tacting asbestosis or related diseases is or agency must have "line" authority. income taxation, President Carter's proposals greatly increased by smoking, and that 3. All asbestos free material be color would strain this concept to destructive coded. limits-at the expense of initiative, self-re­ is a factor which must be dealt with in Adoption of this recommendation will as­ spect, and a health productive private en­ any program designed to curb this prob­ sure the easy identification of material terprise economy·• lem. Nevertheless, asbestos contamina­ composition being handled, and eliminate tion is in itself a dangerous problem that the costly and time consuming methods re­ we must be prepared to deal with on a quired at present for non-identifiable ma­ separate basis. terial. The Secretary's announcement last Existing material in stock could be easily ASBESTOS EXPOSURE color coded at the installing agency. Only week was a positive step toward dealing pre-color coded material would be purchased with this issue. The Surgeon General of for future installation. HON. GLENN M. AfmERSON the United States plans to alert the 4. All asbestos removal will be done at OF CALIFORNIA medical community to what will hope­ time periods with least possible exposure to fully be a growing concern with asbestos all allied crafts and ships company. IN THE HOUSE OF REPRESENTATIVES contamination. Currently, I am informed The establishment of swing shift as the Tuesday, May 2, 1978 that only 50 individuals in this Nation "removal" shift, would allow the monitoring are qualified to read an X-ray for possible and certification procedures to be accom­ e Mr. ANDERSON of California. Mr. plished on the graveyard shift, thus elimi­ Speaker, last week's announcement by asbestos contamination. Obviously, nating the "downtime" currently experienced HEW Secretary Joseph Califano regard­ there is a tremendous need to train more at the beginning of the day shift while these ing the threat of asbestos-related disease individuals in this area. procedures are performed. among American shipyard workers was Several programs now exist to deal 5. All asbestos removal be accomplished a positive step toward recognition of a with the health threat of asbestos, and with trained personnel. serious heal th pro bl em. Since the Long more are needed. The Federal Govern­ Removal of existing asbestos-laden ma­ ment must play a greater role in future terials will be performed only by those ship­ Beach Naval Shipyard is in the con­ yard personnel certified and classified as in - gressional district I represent, I have efforts-the tremendous scale of the sulators under naval standards. been extremely concerned about the pos­ problem and its nationwide importance In the event of a work overload necessitat­ sible threat posed to workers there by demonstrate this. More importantly, we ing "contracting-out" asbestos removal, it past and present exposure to asbestos. should be prepared to take positive steps shall be mandatory to use licensed insula­ According to the Secretary, as many toward ending the threat of asbestos ex­ tion contractors with a background in the posure to our shipyard workers im­ industry using recognized asbestos workers as 5.6 million Americans may die of dis­ with a knowledge of existing state and fed­ eases brought on by asbestos exposure. mediately. We have contacted the Department of eral laws, strictly adhering to those laws. That figure is shocking enough. What is the implementation of the latter would in­ not demonstrated by that figure is the the Navy and asked for a report on the sure against unnecessary exposure of ships debilitating nature of asbestosis to the cost-effectiveness of complete asbestos company and unknowledgeable neophytes. individual, the limitations imposed by removal during overhaul instead of par­ tial removal, to see if it could be made Unless action is taken now, the costs the nature and symptoms of the disease. to the taxpayer will prove to be immense. Physical activity is sharply reduced sim­ a regular procedure at our naval ship­ yards. This is one of a number of recom­ Compensation claims alone for those ply because the individual can no longer workers already suffering from asbestos breathe efficiently. mendations made by the Asbestos Work­ ers Union at the Long Beach Naval Ship­ contamination will prove to be a major In June, 1977, 501 workers at the Long yard. Their efforts to meet this problem expense-but one which we will most Beach Naval Shipyard underwent chest should be commended, and I feel that certainly want to face as a responsibility. X-rays and examinations during a medi­ the proposals they have made deserve Continuing to allow asbestos exposure to cal survey. Over 30 percent of those ex­ careful consideration. affect employees at our naval shipyards amined were found to have asbestos­ The proposals follow: is, in my opinion, a dangerous, irrespon­ related lung abnormalities, despite the RECOMMENDATIONS FOR DEPARTMENT OF sible, and fiscally unsound policy. For if fact that they had received, for the most DEFENSE ADOPTION we choose to take no action at this point, part, short-term exposure. 1. Removal of all asbestos containing ma­ we will simply have to pay an even high­ Because asbestos contamination takes terials from ships prior to regular overhaul er price in compensation claims-and anywhere from 15 to 35 years to mani­ period. possibly in lawsuits-in the years ahead. fest itself, those now suffering from ex­ At the present time, asbestos containing Further study is necessary to com­ posure refiect the conditions found at materials are removed in a piece-meal man­ pletely eliminate the asbestos problem shipyards in past years. Certainly, those ner as necessary for maintenance and repair of va!ves, boilers, pumps, etc. While the re­ at our naval shipyards and the private conditions have improved as the Govern­ placement material in these areas is asbestos sector as well. But we must be prepared ment has recognized the health threat free, there still remains the deteriorated and to take the actions available at the pres­ posed by asbestos. Yet the fact remains potentially hazardous material in the im­ ent time to meet the health hazards that asbestos exposure is still a threat mediate adjacent areas, thus unnecessarily posed by asbestos contamination. The in the shipbuilding and repair industry, exposing ships company and civilian person­ Congress must be prepared to act in an including our own naval shipyards. nel to its carcinogenic effects. Implementa­ tion of this proposal would result in an effective, prompt manner if legislation Asbestos containing insulating ma­ increased immediate cost of approximately is needed, and the responsible agencies terial is still found on many of our naval 35 percent over present methods for insula­ of the Federal Government must be :vessels. During the regular 5 year over­ tion removal and repair. However, an esti­ ready to follow the steps being taken by haul, only the material directly over the mated savings of 200 million per year ( 15 the Secretary of Health, Education, and work area is removed as a general prac- years after implementation) would be real- Welfare and the Surgeon General. May 2, 1978 EXTENSIONS OF REMARKS 12279 OSHA MAKES CHANGES the conference report in December, 1970. The any such policy is a two-way street. OSHA has bill was officially signed into law at a. formal ha.".l a Mad Bull by the tail. They jumped into ceremony held in the Department of Labor a program without truly having good direc­ HON. DAVID E. BONIOR on the 29th of December, 1970. At the signing tion. Being understaffed, they transferred into OSHA personnel from other agencies and OF MICHIGAN ceremony the President alluded to the fact that "This Bill represents in its culmination, hired new people, of which many in both IN THE HOUSE OF REPRESENTATIVES the American System at it's best." catagories were ill informed, improperly pre­ Tuesday, May 2, 1978 How>::!ver, according to the approved and pared, and just did not have the tools to do adopted Tenth Report by the Committee on a good job. They have received a. tremendous e Mr. BONIOR. Mr. Speaker, the fol­ Government Operations, (Subject: Failure to amount of criticism wnd ridicule of which lowing article appeared in the April Meet Commitments made in the Occupa­ they without a doubt have deserved. 1978 issue of National Utility Contrac­ tional Safety and Health Act-October, 1977) However, now that they are attempting to tor magazine. It shows the changes that as forwarded to the Speaker of the House of take a more down to earth approach, and the Occupational Safety and Health Ad­ Representatives the Honorable Thomas P. have come down off their big white charger, O'Neill, Jr. and the 95th Congress, it was maybe we being conscientious and safety ministration has made in the last year stated, as many of us have felt for sometime, oriented businessmen and leaders in our in­ and the improved reaction from busi­ that OSHA has not been able to fill the bill. dustry, can have an input. It has been found nesses because of the more common­ The report, from which the background on a local basis that OSHA personnel are sense approach. Assistant Secretary of for this article was taken, states: interested in what you have to say and desire Labor for OSHA, Dr. Eula Bingham, has "Unfortunately, the implementation of the knowledgeable input. So maybe, just maybe, converted OSHA from an agency which Occupational Safety and Health Act by the with a concerted effort made by all concerned, concentrated its efforts on releasing Department of Labor does not represent th•::! we can develcp good working conditions and pages and pages of regulations which American system at its best. The Department relations. Let's face it OSHA is here to stay.e of Labor is severely criticized by management did not deal with the major health dan­ and labor alike for its administration of the gers workers were exposed to, to an Act. To the American public OSHA has be­ agency which concentrates on major come the symbol of bureaucratic bungling NATIONAL LABOR RELATIONS ACT health and safety dangers in the most and the heavy hand of governmental inter­ dangerous industries. This changeover vention. To many, OSHA is a threat, to most the last year has finally given workers it is a. joke." This comment is used only to show that HON.JOHN M.ASHBROOK the protection that they need and has OF OHIO reduced the opposition from the business our Government does monitor and police its agencies, and that the same committee in IN THE HOUSE OF REPRESENTATIVES community as evidenced by this article. the same report ma.de recommendations on Dr. Bingham should be congratulated how the present Administration can correct Tuesday, May 2, 1978 for her efforts Which have fulfilled much these past mistakes. e Mr. ASHBROOK. Mr. Speaker, H.R. of the promise of the OSHA legislation Earlier this year, Dr. Eula Bingham, the 2222, the bill to mandate that interns and which became law over 7 years ago. I Assistant Secretary for OSHA, told the Man­ residents are professional employees hope that my colleagues will find this power and Housing Sub-Committee (which has been conducting hearings over the past rather than students, as the National article as informative as I did: two yea.rs on how the Department of Labor Labor Relations Board has held, will be (From the National Utility Contractor, has been administering the Occupational before the House shortly. Certainly, this April 1978] Safety and Health Act) of her plans to re­ branch of Government should have more OSHA-SEVEN YEARS LATER orient the Agency towards serious hazards important business to consider than en­ (Irby L. McLane, Jr.) and toward giving greater attention to occu­ tertaining time on a bill that would re­ The 29th of December, 1977 marked the pational health problems. Results as of this verse a considered decision by an end of the Occupational Safety and Health date would indicate that she has done exactly administrative agency with the granted Act's seventh (7th) year of existence. that. She also told a group of representatives, of expertise to make just such judgments. As contractors, suppliers, and in general, This is particularly true when it is ap­ good businessmen, we are all interested in which our National Safety Committee Chair­ safe and healthy conditions in the work man (R. G . Griffith) was a member, of her parent that the Board has the authority place, if for no other reason than a purely intention to reorient OSHA's line of thinking to find that interns and residents are honest and selfish one, that being dollars and to a more realistic and common sense ap­ primarily employees rather than students cents. proach towards the role that OSHA personnel should a case be presented in which the Accidents result in loss of available per­ should. take in implementing the Act. Also, that OSHA would undergo some changes and facts in evidence preponderate in favor sonnel and equipment, job slow downs, added of such a determination. administrative work loads, headaches and get into the business at hand, that being to the aggravation that none of us need. assure so far as possible, every working man On April 25 I submitted for considera­ Safety is not new, nor is the Federal Gov­ and woman in the nation a safe and healthful tion the fact that H.R. 2222 is inappro­ ernment's involvement. According to govern­ w.:>rk place, and to preserve our human re­ priate since it would impose a collective ment reports, the first major Federal legis­ sources. From all indications, Dr. Bingham bargaining relationship on three par­ lation covering safety standards and inspec­ and her Agency have taken great strides in ties-students, their faculty, and hos­ tion practices dates back to 1890, when such this area. OSHA has taken steps to encourage all pital administration, when normally col­ legislation was passed to cover the coal min­ lective bargaining is between two parties ing industry. Since that time, laws have been States to develop and operate their own job passed to cover other industries and trades, safety and health programs. Any State de­ only. Further, I pointed out that the such as railroading and longshoring. siring to assume such responsibility is re­ Committee on Education and Labor had However, it was not until 1968, when Pres­ quired to submit such plans and details as not seriously considered the appropriate ident Johnson proposed what he called "the to how they plan on providing a program that bargaining unit for interns and residents Nation's first comprehensive health and safe­ is at least as effective as the OSHA Act to and that the report, House Report 95- ty program to protect the worker on the OSHA for review and approval. If such plans are approved, OSHA pays up to 50 % of the 980, directs a proliferation of bargaining job," that Congress seriously considered units in hospitals, a direction directly comprehensive Federal legislation on safety program's operational cost. and health. For your information, the following are contrary to the directions in the r€ports During the 90th Congress, such legislation operating under OSHA-approved State Plans, accompanying the 1974 health care was strenuously opposed, and the Adminis­ as of November 1, 1976: amendments to the National Labor Re­ tration's bill did not reach the floor of either Alaska, Arizona., California., Colorado, Con­ lations Act. Let me continue my dialog the House or Senate. During the 9lst and necticut, Hawaii, Indiana, Iowa., Kentucky, in opposition to H .R. 2222 by addressing 92nd Congresses, both Houses held extensive Maryland, Michigan, and Minnesota. Nevada. New Mexico, North Carolina, Ore­ two additional issues today. hearings on such legislation. It was found BARGAINING OVER EDUCATIONAL TOPICS that it would be highly impractical to write gon, S:mth Carolina, Tennessee, Utah (no specific safety and health standards into the consultation), Vermont, Virginia, Virgin Is­ The bill now before this House is a statute itself to cover all occupations, there­ lands. Washington, and Wyoming. complex piece of legislation, for it at­ by resulting in the need to establish an There a.re a number of advantages to this tempts to reorganize the basic relation­ agency to whom such authority could be type of program, such as having your inspec­ cielegated. tion performed by personnel who relate more ship between residents and faculty physi­ After extensive debate and compromise closely to your working conditions, weather, cians in graduate medical education between President Nixon's Administration soil conditions, etc. If your state is not in­ programs. The National Labor Relations and Congressional Democrats, as well as the volved, you might want to get them involved. Board has found residents to be pri­ House and the Senate, both Houses approved Keep an open mind, and remember that marily students; proponents of H.R. 2222 12280 EXTENSIONS OF REMARKS May 2, 1978 urge us to define them as primarily em­ Given that the NLRB becomes the final survivor benefit annuity was as $233 brothers Easing ever Establishmentward, we find son, as Vice President, fiew by personal jet Fund blueprint !or a low-energy economy Mayor Bradley o! Los Angeles and officials o! to Chicago to give an address on energy con­ has been released in a day-long symposium the Jerry Brown Administration, a !ew Con­ servation, and then jetted back to Washing­ on Capitol Hill. . . . The report was called gressmen and the late Senator Hubert Hum­ ton. They're putting us on, and Americans 'The Unfinished Agenda.' Written by a phrey, officials of companies engaged in mak­ are getting wise.e Rockefeller group, called the Worldwatch In~ ing solar-energy equipment, and to cap the stitute, this report could be called a blue­ climax, a representative o! the Club of print for the total destruction of U.S. indus­ Rome, which is up there with the Bilder­ try, through a combination of energy cut­ bergers and the Trilats in world ruling-class backs, coupled with a five-fold increase in circles. The Clubbers of Rome a.re the neo­ energy prices! . . . It calls for a 'conserver WHY DEREGULATION OF STRIPPER Malthusians who sagely confirmed with their WELL AND DEVONIAN FORMA­ society,' where electricity generation is not computers that the world will end shortly. thermodynamically justified. Fission energy At the same time, they confirmed that fine TION NATURAL GAS BY THE should be phased out and fusion energy re­ old saw of the computer business, "gar­ ENERGY CONFERENCE COMMIT­ search eliminated. To replace them-(wait bage in, garbage out." TEE WOULD HELP ASSURE SUP­ !or it)-the sun, the wind, organic materials This time, as last time, these lugubrious PLIES FOR THE ENERGY STARVED and geothermal heat . . . The report calls doomsayers are making propaganda to re­ NORTHEAST AND MIDWEST !or the conversion of wood into liquid metha­ duce our standard of living and weaken nol, and the recycling o! sludge (human ex­ America, and Sun Day is just part o! the crement) into fertllizer. The development of program. Oh, it's also good practice. The care HON. JACK F. KEMP these energy sources is to be paid for by the and feeding of phony mass movements is taxation of existing fossil fuel consump­ quite an art. Eventua.lly, perhaps, it will be­ OF NEW YORK tion .. . . The taxes would (in several steps) come a !unction of the state religion. The IN THE HOUSE OF REPRESENTATIVES drive the cost of a barrel of oil to $100-and traditional churches can be taught to par­ of natural gas to $16 per 1,000 cu. ft. This is Tuesday, May 2, 1978 to occur in a number of tax steos, the first ticipate, as a Sun Day document explains. being a $20 per barrel oil tax and a tax of Ministers are urged to give sermons on solar • Mr. KEMP. Mr. Speaker, for several $3.50 per 1,000 cu. ft. for natural gas.'' energy and "pray for sunny skies on Sun Day." Church choirs ought to "write .and years I have been bringing to the at­ Don't miss the point of why America sing new gospel spiritua.ls about the sun." tention of the House the potential of must be driven to its knees. How else can Sunday-school children can do "solar art­ natural gas from the Devonian shales a New World Order be worked out with the work,'' and adult church members, 1! they which underlie most of the Appalachian Communists on a basis of equality? People do not wish to observe Sun Day by debating States. I have also pointed out on several like Denis Hayes are hired revolutionaries "national energy policy" or by carping over occasions that production of natural gas but they are also ideologues. Denis was twen­ the church heating bill, could do so by in­ from these States from other · geologic ty-six When he was employed to coordinate stalling "solar collectors or windmills for Earth Day, back in 1970. As a veteran now formations has maintained a nearly o! thirty-four, he is employed by the same the church.'' · constant level of between 400 and 450 gang to bring us Sun Day. The choice of Most important, however, the Sun Day propaganda says the church should "a.ct as billion cubic feet per year since 1920, dates is always interesting. April 22, 1970, over 55 years. was a "religious" holiday in the Communist­ a tax-deductible funding conduit" and "pro­ run countries, the centenary of the birth of vide space and telephone for the local Sun On April 10 the American Gas Asso­ Lenin. Arranging to have massive demon­ Day coalition.'' ciation released its annual report detail­ strations by American youth on that par­ Tax-exempt foundations are financing a ing the results of drilling for natural gas ticular day struck some o! us as suspicious. blizzard of paper from Sun Day headquar­ in the United States in 1977. The data It was such an aw!ul pun-Earth Day, ters, so that spokesmen can say "We expect are again discouraging. B-earthday, you know. Well, this time Sun that communities all across the country will Week exactly spans May Day and the birth­ create their own ingenious events to cele­ Continuing a trend begun in 1972, day o! Karl Ma.rx, so that once again Ameri- brate the sun.'' Nevertheless, my guess is that more natural gas was produced in the 12292 EXTENSIONS OF REMARKS May 2, 1978 United States than was found through North Slope of Alaska, of conventional part. That same enthusiasm will make new drilling or through reevaluation of gas supplies of 2·09 trillion cubic feet will Sun Day as successful as Earth Day, and reserves of past discoveries. Even though last for only about 10 years. will mark a major step by our country more wells were drilled in 1977 than in In contrast to this national trend, toward energy independence. I hope any year since 1959, only 11.9 trillion however, has been the revival of drilling, that my colleagues will join me in thank­ cubic feet of natural gas was added to and drilling success for finding natural ing the organizers, and pledging support proved reserves. We produced, however, gas in the Appalachian region, as shown to Sun Day.• 19.5 trillion cubic feet. If we maintain in the following tabulation of new re­ our current production rate, total re­ serves discovered and production during serves, and these include gas on the the last 2 years. BACK TO THE DRAWING BOARD New reserves and production of natural gas in the Appalachian region--1976 and 1977 [Billion cubic feet] HON. DAN MARRIOTT New reserves Production R/P ratio OF UTAH IN THE HOUSE OF REPRESENTATIVES State 1976 1977 1976 1977 1976 1977 Tuesday, May 2, 1978 Pennsylvania ------142.9 281. 7 90.0 92.3 1. 58 3.04 e Mr. MARRIOTT. Mr. Speaker, al­ West Virginia ------172.2 187.7 150.6 147.3 1. 15 1. 27 though horror stories about the regula­ Ohio ------146.7 167.0 89.6 99.6 1. 63 1. 67 tory agencies and their abuses abound, Kentucky ------21. 9 20.0 58. 5 56.7 0.37 0.35 seldom are we presented with a case in Virginia. ------15.9 20.9 6.9 8.2 2.30 2.55 which these abuses result in death. Un­ New York -~------40.0 14.0 9.2 10. 0 4.36 1.40 fortunately, tragedy was the result of one uninformed regulation promulgated Total ------539.6 691.2 405.0 414.1 1. 33 1. 67 and enfarced by the National Highway Traffic and Safety Administration. The faulty performance of anti-lock To summarize the data, the search for I urge the conferees to complete their devices required by an NHTSA regula­ natural gas in the Appalachian region work and allow the Nation to begin im­ tion has been responsible for many ac­ has resulted in more gas being found mediately to reverse the trend in natural cidents involving semi-trailers and buses. than is being produced, assuring a gas supplies from conventional sources To date at least 16 deaths can be direct­ greater local supply to consumers in and provide an inducement to develop ly attributed to the regulation requiring the future. In 1976 the R/P ratio, the vast potential of additional sapply the use of this device. the ration of new reserves to cur­ from Devonian shales, gas from coal As you may recall, last year, I spon­ rent production was 1.33. Meaning seams, geopressurized brines, and tight sored a resolution to suspend the en­ that all gas produced was replaced sandstone formation which are not now forcement of the NHTSA requirement of through drilling and one-third more economic.• the faulty anti-lock breaking device. The gas was added to inventory or re­ administrator, Joan Claybrook, chose to serves. Last year the results were even ignore the issue. better, two-thirds more gas was added to reserves after replacing current out­ SUNDAY: ANOTHER CHANCE Luckily the U.S. circuit court has put. Most noteworthy, three times as TO SHINE ruled on a case brought by PACCAR Inc., much gas was found than produced in the Truck Equipment and Body Distrib­ Pennsylvania in 1977. utors Association and the American HON. CHARLES B. RANGEL Trucking Associations. The decision Such success has not gone unnoticed OF NEW YORK stated the critical issue: in the natural gas industry. Almost twice as many drilling rigs are now ac­ IN THE HOUSE OF REPRESENTATIVES The agency has a heavy responsibll1ty .. - Tuesday, May 2, 1978 to ascertain, with all reasonable probabllity, tive in the Appalachian region than were that its regulations do not produce a. more drilling only 1 year ago, as the following e Mr. RANGEL. Mr. Speaker, I would dangerous highway environment than that statistics illustrate: like to bring to the attention of my col­ which existed prior to governmental Active drilling rigs in the Appalachian leagues and the Nation that tomorrow regulation. region May 3 is Sun Day. One of the coun­ I commend the editorial by Robert Mar. 20, Mar. 3, try's most pressing issues is the ques­ Bleiberg from the April 24 Barron's mag­ 1978 1977 tion of where we will get our energy in azine to my colleagues: Pennsylvania ------26 11 West Virginia ______22 9 the future. In the past century, our so­ BACK TO THE DRAWING BOARD-THE F'ED~AL ­ ciety has become wholly dependent on SAFETY JUGGERNA~ ~s COME ·To- oaiEF Ohio ------42 27 oil, gas, and coal. Dependence on these Picture· the scene. Loveland Pass west of Kentucky ------3 . • 1 forms of energy has. placed· tis -iii a vul­ Virgina ------0 1 Denver, downhlll and dirty all the way. Into New York______5 - - 3 _nerable- p-osition because we have ex­ camera range come Curly and Jud, one be­ hausted most of these nonrenewable re­ hind the wheel of their custom-bunt Ken­ worth, best big rig in the business; the other Total ------98 52 sources. The dangers that we face are obvious. Our major cities would be flaked out in back. High-balling along at 65 Source: Hughes Tool Company. paralyzed, our rural population would miles per hour, 10 m.p.h. over the legal speed limit, Curly (the clean-cut hippie type) sud­ To maintain and expand this drilling become isolated. The country would be denly sees a mother cat. followed by her effort for natural gas it is essential that hopelessly crippled. kittens, stroll casually onto the highway. A pending legislation before the Congress As we become more and more aware confirmed cat-lover (clearly established on natural gas be enacted into law. It is of the finite amounts of energy available earlier in some cute by-play with a waitress my understanding that the conference from the Earth, it becomes necessary to at the truck stop) , he jams on the sophisti­ committee has included provisions in immediately turn our attention to an cated new "strong brakes" with which his vehicle by law must be equipped. The com­ both the House and Senate versions of endless supply of energy; the sun. Sun puterized anti-lock system malfunctions, the the natural gas bill which give incen­ Day's purpose is to make people aware rig jackknifes and winds up in a ditch. A tives to both stripper natural gas wells of the critical importance of solar en­ shaken Curly climbs down from the cab; he's and for wells which produce from De­ ergy to the future of the world. speechless. Jud (tough guy on the surface, vonian shale and other unconventional I am sure that you all remember the but with a heart of gold) isn't. "We're going gas sources. In my view, and I believe in tremendous success that Earth Day en­ straight to the National Highway Traffic the view of many of my colleagues from Safety Administration (NHTSA) in Washing­ joyed in 1970, and how it subsequently ton, D.C.," he cries, "and register a com­ the Appalachian States, these provisions made Americans more aware of our en­ plaint." "Then what?" Curly asks weakly. are beneficial to both producers and con­ vironment. That was made possible by "Then we're going to that famous store front sumers of natural gas in the region. the enthusiasm shown by those taking at 1200 15th Street, N.W.," Jud says grimly, May 2, 1978 EXTENSIONS OF REMARKS 12293 "and punch Ralph Nader right in the roadblock loomed in its path, the federal a few yea.rs ago, when the OPEC-inspired mouth." juggernaut--notably Joan Claybrook, NHTSA fuel shortage led Congress to impose a speed Though offered free of charge to the director and (as The Wall Street Journal limit of 55 miles per hour, down from the producers of "Movin' On,'' a television series neatly put it) Nader "henchperson"-was previously legal 70. All alone, that curb a few seasons back about a hardy pair of blindly, and mindlessly, on the move. There's caused the number of traffic fatallties to independent long-haulers, the scenario cited one vehicle that's truly unsafe at any speed. plunge from 55,511 in 1973 to 45,853 in 1975 above never made it to the nation's video Even when it rolls (or crawls) along as un­ (as motorists increasingly have opted to screens. Too bad. For whether real life fol­ surely, and with as many starts and stops, as ignore the speed limit, the toll again has lows art or vice versa, a thorough airing over NHTSA. As a matter of fact, Standard 121 begun to mount). In the realm of auto­ a nationwide hookup of the unrealistic and had its origins in a predecessor bureau as far motive safety, as the PACCAR case makes dangerous standards for truck and bus brakes back as October 1967, shortly after passage plain, the U.S. has been going the wrong imposed by NHTSA, the federal agency of the Nader-inspired National Traffic and way. High time to slam on the brakes.e created under legislation passed shortly aft­ Motor Vehicle Safety Act of 1966 (which, by er-and largely in response to-publication the way, in the suit brought by PACCAR et of Ralph Nader's Unsafe At Any Speed, might al., has suffered its first legal challenge). The have spared the country untold money and proposed Standard required vehicles to stop JOHN W. EBLING grief; it might even have saved lives. In the within certain distances, from certain speeds, event, however, only Barron's (in particular, without a wheel locking up "more than mo­ our Washington editor, Shirley Scheibla) mentarily." Since the stipulated stopping HON. GUS YATRON tried-in the face of a callous and unyielding distances fell far short of any hitherto seen bureaucracy-time and again to blow the in the trade, the rule, in effect, mandated a OF PENNSYLVANIA whistle. whole new braking system, complete with IN THE HOUSE OF REPRESENTATIVES Last week the U.S. Court of Appeals for anti-lock devices; the latter, in turn, com­ Tuesday, May 2, 1978 the Ninth Circuit handed down a decision prised a mini-computer attached to the axle in the case of PAC-CAR Inc. (which builds of the trailer or truck which "senses" when a •Mr. YATRON. Mr. Speaker, we in this the Kenworth), the Truck Equipment & wheel begins to lock and momentarily re­ Chamber know very well the monu­ Body Distributors Association and the Ameri­ leases the brake to gain traction. A novel and mental contributions to American edu­ can Trucking Associations, vs. the National complex piece of equipment, designed for a cation made by people like Horace Mann, ' Highway Traffic Safety Administration and demanding task. John Dewey, and Robert Hutchins. I Department of Transportation. Ruling on a Yet NHTSA proceeded in what can only be challenge to Motor Vehicle Safety Standard called a casual, if not criminally negligent, would like to call to the attention of my No. 121, which mandated a brand-new brak­ way. Specifically, it failed to hold a public colleagues another great American who ing system, including the controversial anti­ hearing on the issue until nine months after has fashioned a tradition in education in lock device, for tractor-trailers and trucks, Standard 121 took effect. According to the Hamburg, Pa., which will endure for the jurists found unanimously for the plain­ court, it conceded that it had done no com­ years to come. tiffs. "The goals of the Standard ... are both pliance testing for more than a year. "Agency I am speaking of Mr. John W. Ebling, reasonable and practicable. However, after a attorneys also admitted that prior to the ef­ careful review of the extensive record in this fective date of the Standard, NHTSA had superintendent of the Hamburg area case, we have come to the conclusion that done no reliability testing of vehicles with school district, whose retirement this . .. the Standard was neither reasonable nor Standard 121 components whatsoever, other year brings to a close a sterling career practicable at the time it was put into ef­ than the testing reviewed in the Murphy Re­ which has spanned 40 years. From his fect .... Until such time as NHTSA develops port, which did not include stops at higher first teaching assignment in the Center evidence that the new braking systems re­ speeds." For "proof" of the system's relia­ Township School in the 1938-39 school quired by the Standard do not create the bility, it rested by and large on the absence possibility of greater danger to the public, term, through his administration as of reports of highway accidents "caused" by superintendent, John Ebling has been a those parts of the Standard requiring heav­ the antilock, and the results of testing only ier axles and the anti-lock device should be three tractor-trailers. Since failures arose model educator. John has been at once suspended." Then, more sternly: "The agen­ only through use, such methods were inade­ forthright, firm, and understanding in cy has a heavy responsibility ... to ascertain, quate, held the court, which tartly added in his dealings with students, parents, and with all reasonable probability, that its reg­ a footnote: "The agency's evidence does not colleagues alike. He has given every stu­ ulations do not produce a more dangerous even show whether the abovementioned antl­ dent who has passed under his tutelage a highway environment than that which ex­ lock defects occur only in certain models of a very precious gift--the gift of knowledge. isted prior to governmental regulation." device, or only when placed on a vehicle of During the last 7 years, in his capacity In so finding, the Circuit Court willy-nilly a certain type or weight." All in all: "The found considerably more. For one thing, de­ agency's failure to conduct a more intensive as superintendent, John has provided the spite a truculent show of certltude--each testing of trucks and tractor-trailers . . . Hamburg area school district a quality successive change in the regulations was was not only unreasonable, but also a legal of leadership marked by courage and fiatly labelled "final"-NHTSA obviously abuse of its discretion." compassion. didn't know whether it was coming or going. There ls a further count to the indict­ John Ebling's 40 years of service to To illustrate, the agency repeatedly post­ ment: ape.rt from !ailing to run its own public education in the Commonwealth poned the date on which Standard No. 121 tests, NHTSA stubbornly ignored the adverse of Pennsylvania constitute an outstand­ was to take effect; originally scheduled for findings of others, notably automotive manu­ Jan. 1, 1973, the deadline was put off three facturers and truck and bus operators. Thus, ing achievement of which he and all of times, until well into 1975. By the same a spot check by General Motors revealed that us who know him can be proud. But token, the initial stopping distance require­ nearly six out of 10 anti-lock devices were John's selfless dedication to our fellow­ ment (from 60 miles per hour), first set at inoperative; another by Consolidated man did not stop with his career in edu­ 217 feet, wound up after repeated extensions Freightways showed that 65 % malfunc­ cation. As a lay minister, a member of at 293 feet, still far shorter than the distance tioned. Complaints surfaced about relay valve several civic and fraternal organizations in which large trucks hitherto were able to failures, false warning signals or none at all, and as disaster chairman in northern stop. Oh wen, back to the old drawing board. radio frequency interference. Greyhound Lack of official expertise, underscored by went so far as to unhook the anti-lock Berks County for the American Red the Circuit Court, strikes an observer as bad devices on its newly delivered buses. The Cross over the last 25 years, he has enough. The stubborn refusal by NHTSA to casualty list, including the fatal Salt Lake played a pivotal role in community af­ weigh the damning evidence that came pour­ City accident cited above, has climbed. Still fairs. While Hamburg area school dis­ ing in from truck and bus producer and user Joan Claybrook et al, (at least until las!; trict may be losing one of the finest edu­ alike looks even worse. As our Mrs. Scheibla week) have continued to stonewall. The Cir­ cators in its history, some comfort may amply documented, manufacturers repeat­ cuit Court may have given pause to the be taken in the knowledge that John's edly told the government that the technolog­ powers-that-be-no official decision yet has ical demands imposed by the complicated been reached on whether to appeal-buit the sense of civic duty will continue to carry new braking system, especially the compu­ federal judggernaut remains gassed and him forward in his extensive community terized anti-lock, far and away exceeded the ready to go. activities. state-of-the-art. From Maine to California, All of these fine attributes are a matter bus operators and truckers reported an Yet, so a mounting weight of evidence of common knowledge to the people of alarming increase in accidents and persopal suggests, it has hit a dead end. Like the legis­ Hamburg and northern Berks County. I injuries; as of a recent count, the loss of lation that created it, NHTSA embodies a would like to add a more personal note. life in collisions involving vehicles equipped palpable fallacy, namely, that safety on the with the questionable devices-which, in road generally depends on the car (or truck), During the many years of our close one tragic case in Salt Lake City, have been not the driver. Specious a decade or more friendship, I have seen in John the many blamed directly for the deaths of five teen­ ago ("Safe or Sorry?," Barron's, Sept. 5, private qualities which make him a per­ agers---had reached 16. Yet until the judicial 1966), that Naderite myth went up in smoke son of such towering public stature. His CXXIII--774-Part 9 12294 EXTENSIONS OF REMARKS May 2, 1978 patience, his intelligence, and his con­ no reason to assume that it is going to [Excerpt from U.S. Chess Federation 1978 cern for the well-being of others are be any different in this regard in the Yearbook) characteristics which have earned John 62d year or the 64th in 1980. The Soviets The darkest cloud to color the chess sky Ebling the deep and abiding respect and will continue to use international com­ during 1977 was the continuation of the admiration of his many friends. I know petition to their own political advantage, Soviet bloc's effort to use chess as a political tool. Under the strong pressure from the he will continue to contribute to our and they will use every technique we let U.S.S.R., FIDE President Max Euwe con­ lives, a wealth which has no monetary them get away with to "rig" those com­ vened an extraordinary general meeting of value.• petitions. FIDE in Lucerne, Switzerland, during July Professor Hart's column and excerpts to discuss the membership of South Africa. from the U.S. Chess Federation 1978 I have already indicated my repugnance at SOVIET TACTICS IN WORLD CLASS Yearbook and an item from Chess Life this affair, which resulted in the expulsion CHESS: AN OMINOUS SIGN FOR & Review of October 1977 follow: of South Africa, and at the way that Dr. Euwe INTERNATIONAL COMPETITION handled it (see Chess Life & Review, October SOVIET CHESS: OMINOUS SYMBOL 1977), so I shall confine my comments here by Jeffrey Hart to a reiteration of the statement made on HON. JACK F. KEMP Not that many Americans play chess, or behalf of his Western colleagues by Dr. Jung­ OF NEW YORK follow big time chess closely. Nevertheless, wirth, President of the Austrian Chess Fed­ Soviet behavior toward Viktor Korchnol, a eration, at the end of the Lucerne meeting: IN THE HOUSE OF REPRESENTATIVES chess grandmaster who defected on July 27, "If FIDE continues to be misused for politi­ Monday, April 10, 1978 1976 has implications that go far beyond the cal purposes by the U.S.S.R. then the ques­ chess world. tion of human rights in the Soviet Union • Mr. KEMP. Mr. Speaker, in the world That is, what the Soviets have been doing itself will have to be raised at the next con­ of international chess, an incident of the illuminates their attitude toward sports in gress.'' past year merits the attention of this general, and their likely attitude toward the Political pressure has also been used by Congress and the American people. 1980 Moscow Olympics in particular. the communist bloc to prevent Korchnoi I refer to the defection to the West of Chess experts rank Viktor Korchnoi num­ from participating in strong international Viktor Korchnoi, a leading Soviet grand­ ber three in the world, behind Bobby Fischer tournaments. Organizers know full well that master, and what has transpired as a and the Soviet champion Karpov. if Korchnoi is invited to their tournaments While playing at an international chess there will be no players from the U.S.S.R., result of that defection. tournament in Holland in 1976, Korchnoi Hungary, Czechoslovakia, Bulgaria, etc., and Needless to say, that defection-which asked for and received political asylum. One thus far no organizer of a really strong event occurred in the Netherlands about a year thing that enraged the Soviet government has been brave enough to invite Korchoi. The ago-enraged the Soviets. It was not was that at the time Korchnoi had at the only tournament in which he has played solely that he had defected that enraged time qualified for the Candidates Matches­ since his defection in July 1976 was a weak them. That was bad enough, but it was a series of elimination matches among the event in Montreux, Switzerland. Not even in also that he had already qualified for the top eight players in the world. The winner Holland, where Korchnoi was living for the of this becomes eligible to play Karpov. first year following his defection, has anyone candidates matches, a series of elimina­ Korchnoi proceeded to mow down his oppo­ had the courage to organize a strong tourna­ tion matches among the top eight players sition, advancing through the quarterfinals, ment and to invite only Western and Yugo­ of the world, the winner of which would the semi-finals, and the finals. Korchnoi is slav grandmasters. This is a sad reward for become · the challenger to the reigning now the Challenger, and will play Karpov for someone who has sacrificed so much for a world champion, the Soviet's Karpov. the world title this spring or early summer. new life in the West. Thus, Korchnoi could become the new At the present time, the Soviet authorities world chess champion, defeating Karpov, are doing everything within their power to [Excerpts From Chess Life & Review, October a Soviet defector def eating a Soviet make Korchnoi a non-person in the chess 1977) world and to make his life as miserable as KoRCHNOI-POL UGAEVSKY: ANOTHER GRUDGE party-liner. possible. The Soviet's anquish increased this MATCH? If a Soviet chess player loses to Korchnoi (By Edmar Mednis) year as Korchnoi defeated all the op­ in international competition, Soviet chess position-in the quarterfinals, the semi­ authorities treat the loser like a political As I discussed in connection with the finals, and then the finals. They are be­ criminal. Korchnoi-Petrosian quarterfinal match, side themselves now, since Korchnoi is The Soviet Chess Federation has moved to Korchnoi's heart was full of bitterness to­ the challenger for the world title, with erase Korchnoi's name from Soviet chess his­ ward both his opponent and the Soviet Chess tory. New chess books, as well as revised Federation. The result on his play was an the Korchnoi-Karpov match slated for versions of old ones, cannot include ex­ even greater than normal determination and late spring or early summer. amples of Korchnoi's play. Chess periodicals a high degree of nervousness. Only in the The way in which the Soviets went may not publish descriptions of any games twelfth (last) game of that match did about trying to discredit and then to Korchnoi has played since his 1976 defection. Korchnoi's mind appear to be completely defeat Korchnoi was brought out in a The editor of one of the leading Soviet free of extraneous matters. With what feel­ recent column by the nationally syndi­ chess journals, entitled "64", was a grand­ ings does Viktor Korchnoi approach his semi­ master named Petrosian. His own quarter final candidates match against Lev Polugaev­ cated columnist, Professor Jeffrey Hart sky? of Dartmouth College. Professor Hart, final match with Korchnoi was not covered who has long spoken out against the by "64." All that appeared were laconic state­ I believe that Korchnoi feels no particular ments, such as that "After Game 8, the score personal animosity toward Polugaevsky. By politicization of international competi­ was Korchnoi 4%-Petrosian 3% ."After los­ all accounts their relationship has always tion, makes the point that I have made ing bis match to Korchnoi, Petrosian also been cordial. However, Korchnoi's animosity to the International Olympics Commit­ lost his job as editor of "64." toward the Soviet Chess Federation has un­ tee and the U.S. Olympic Committee with The Soviets are doing everything they can doubtedly increased, and for several valid respect to the Olympic Games in Moscow to cripple Korchnoi for his coming world reasons. As a result of decisions made by the in 1980. That point is that the Soviets championship match against Karpov. powers that be, the Federation has decided are not stupid, that they do have some In chess, as in any game. you stay sharp not only to make Korchnol's life as miserable by confronting top competition. The Soviet as possible but also to erase it from Soviet finesse, that they will therefore rewrite chess history. According to reliable reports, the rules to serve their own purposes at chess federation has moved to block Viktor Korchnoi from competing in international new chess books as well as revised ones may every opportunity and then apply those chess tournaments, and they have been very not contain examples of Korchnoi's play. Nor rewritten rules to the cases they know successful. may current journals publish any games that Korchnoi has played since his defection on they want to deal with. This gives them The Soviets have informed the organizers e public relations advantage, among July 27, 1976. One particularly ludicrous ex­ of such tournaments that they will look with ample: An outstanding weekly chess news­ those who do not know the whole story, displeasure on any invitation to Korchnoi. paper is "64," whose founder and-until of being able to say, each time they carry Tournament organizers know that if Korch­ now-chief editor was Petrosian. Three of out what is truly a political act, that it noi is present there will no players from the 1977 quarterfinal matches were covered really is not political, that it is just that Russia, Bulgaria, Czechoslovakia, Hungary, in depth by it. But not the match involving such-and-such a country, or athlete, or etc. The organizers have caved in, and the it.s Editor-in-Chief: no games, no reports, no reporter simply was not in conformity only international tournament Korchnoi has analysis. If it weren't for one-liners such as with the rules. participated in since his defection was a "After Game 8, the score is Korchnoi 4%­ relatively weak one in Montreux, Switzerland. Petrosian 311.z" one would have thought that Professor Hart's point is well made. It Korchnoi is tough. Bet on him against Petrosian had gone fishing instead of playing is not speculation. We have had 61 years Karpov. And bet .on the Soviets to pull the for the world championship. And speaking of of Soviet conduct to observe. I know of same kind of things in Moscow in 1980. Petrosian, something funny happened on his May 2, 1978 EXTENSIONS OF REMARKS 12295 wa.y to the Kremlin, soon a.fter losing the slaughter of innocent people by Hitler's Mr. Schahgaldjian affirmed that Germans match to Korchnoi: he lost his job a.s edi­ Nazis in World War II. were basically favoring the scheme of the tor of "64." It wa.s done 1n the usual "in­ The Armenian Reporter, a publication rulers of the Ottoman Empire--their a.llies­ !orma.tive" wa.y: no expla.na.tion, no discus­ to annihilate the Armenian people, as their sion-just suddenly one week his na.me dis­ serving the Armenian-American com­ own interests opposed the presence of · such a.ppea.red fr~m the masthead. One wonders munity across the country, carried a very a. large number of Armenians in the terri­ wha.t effect such occurrences must ha.ve on pertinent article in their April 27 edition, tory of Turkey. Germans, Mr. Scha.hga.ldjian Poluga.evsky's nervous system. of the history of tragedies that have be­ maintained, were distrustful of Armenians, Of course, the a.bove actions could be con­ set that nation. This very objective whom they viewed as either friendly to the sidered indirect. There were a.lso direct ones. analysis follows: West or under the influence o! Czarist For example, the federation informed or­ PANEL AT ARMENIAN CENTER EXPLORES REA­ Russia. ganizers that it would look with strong dis­ SONS FOR THE TURKISH MASSACRES OF THE On the other hand, England, France and pleasure a.t a.ny invitation to Korchnoi to ARMENIANS IN WORLD WAR I Italy chose to do little outside of symbolic pla.y in international tournaments. As a re­ expression of sympathy, simply because they sult, Korchnoi has ha.d no chance to ta.ke WOODSIDE, N.Y.-A host of speakers, well­ regarded Armenians as a stepping point !or pa.rt in tournament pla.y a.t all. Or consider versed in various aspects of the Armenian the expansionist designs of Russia, and felt the behavior of the Soviet delegation a.t the Holocaust last Saturday evening joined to that Turkish massacres would prevent the semifinals ma.tch site. According to reports discuss the Turkish Massacres of the Arme­ Russian expansion into the Middle Ea.st, an from the organizers, the Soviets ha.ve been nians at the Armenian Center of Queens here. a.rea where these countries themselves had a.s na.sty a.s possible, objecting a.nd complain­ Set on the eve of the 63rd anniversary of widespread interests. They did not wish to ing a.bout a.ny a.nd everything, from specific the massacres, the talk emerged a.s an in­ see Russia gain a foothold. pieces of furniture to the lighting a.nd gen­ depth study viewed from four different an­ Discussing the position of the United eral practical ma.tters. The Soviets vetoed gles. It a.lso shed new light on. the issue, as States regarding the Armen1a.ns at the height Korchnoi's playing under the Dutch flag and it is seldom that Armenians in this area are of their sufferings, Mr. Schahga.ldian pointed under a.ny flag a.t a.ll. They informed the or­ exposed to such a. scientific review of the out that ·this country was quite indifferent. ganizers tha.t any direct contact with Korch­ events of World War I that uprooted almost Despite the action against the Armenians, noi that can be avoided will be avoided, in­ all of the Armenian population of Turkey he stated, the U.S. continued to maintain culding the traditional handshake before and struck such a heavy blow that it took friendly relations with Ottoman Turkey al­ each game and the joint press conference decades for the Armenians to recover. most reaching the end of their holocaust. before the start of the match. An impartial The discussion was sponsored by the New Mr. Armen Baghdoyan, the holder of a observer may wonder why they are doing all York chapter of the Armenian National Com­ doctoral degree and presently on the editorial this; it may well serve only to bring out in­ mittee, the political arm of the Armenian staff of Hairenik Daily in Boston, Mass., dis­ creased determination in Korchnoi and in­ Revolutionary Federation. Mr. Hagop Bar­ cussed the psychology of the Armenian peo­ creased nervousness in Polugaevsky. If soumlan, currently a. graduate student work­ ple since the tragic events of World War I. Korchnoi loses, he loses only a match (un­ ing on his doctoral in history at Columbia. He described the "isolationary period," as pleasant though that may be), but a loss by University, coordinated the program and that which covered the period soon after the Polugaevsky may well be looked upon by the introduced the speakers. completion of the massacres and the deporta­ ruling hierarchy as an a.ct of original sin. Very Rev. Krikor Guerguerian, spiritual tions. "In this period, "Dr. Baghdoya.n main­ In review of Korchnoi's win over Petrosi­ leader of the American Catholic community tained, "Armenians as a people attempted to an I stated that at present only Fischer and of greater New York, and a noted researcher sa.ve whatever could still be saved from t~e Karpov have a fair claim of being better than in the field o! documentation related to the massacres, a.nd as a people we functioned in a Korchnoi, and nothing that ha.s happened massacres, was the first speaker. Father manner which was chara.cterized with the since has changed this view. Still, it is in Guerguerian discussed the topic in the Ugh t complete absence of a clear cut orientation." order to say something on Polugaevsky's be­ of documentation, and emphasized that, He explained that this period lasted 50 years half. The Moscow grandmaster has been long regretfully, Armenians have been able to put a.nd another period emerged a.s Armenians regarded by grandmasters and chess journa­ together only a handful of documents that marked the 50th anniversary. He called th!s lists as being unable to win key games. I prove the Armenian assertion of the Turkish a period of assertion and affirms. tion in which think this is a bum rap. It Is true that Lev massacres. Unless there is documentation, he people sought to expose the case to the out­ has not been successful in all contests, but, averred, it will be almost impossible to prove side world a.nd influence world public opin­ pra.y tell, who has? And his list of positive to the scholarly world that there indeed was ion. Dr. Baghdoyan pointed out that in this accomplishments is long: twice U.S.S.R. an organized effort on the part of the leaders period, Armenians tried hard to come out of Champion, first-prize winner in over twenty of Ottoman Turkey to annihilate the tota.l­ their shells and cry out to the whole world international tournaments, a key last-round i ty of the Armenians who lived in Turkey. in protest against the injustice committed. win over Portisch at the Petropolis Inter­ He cl ted the case of a "boxful" of Ottoman Ela.bore.ting on this stage, Dr. Baghdoyan zonal 1973 the. t set the stage for his qualifi­ Turkish documents covering the period, asserted that although this period has yet ca. tion for the candidates a.t the subsequent which presently lie in a state of disarray to res.ch its culmination, we are now wit­ playoff, a. direct qualification a.t the 1976 somewhere in the Middle East. nessing the emergence of still another period Manila. Interzonal, a defeat of Mecking in Mr. Stepan Dardouni, a. leader of the ARF which will witness the evolution of the Ar­ the 1977 quarterfinal ma.tch by 6Y:z-5Y:z. in this area, explored why Armenians who menian into a more mature group capable What is wrong with a record like that? As lived with the Turks in Turkey for a. few of submitting itself to a stricter discipline, a matter of fact, the mid-1977 rating list of hundred of years, neither anticipated nor pursuing new goals and setting new aspira­ the U.S.S.R. Chess Federation ranks Polu­ prepared themselves for the deportations tions. He called this period a time when gaevsky second at 2648, behind only Kar­ that struck the very core of the Armenian Armenians, as a people, will revolutiona.lize pov's 2725. Even so, taking into account a.11 pE:ople. "Why," he asked "did the leadership their overall outlook toward past issues, past these good things about Polugaevsky, there in Turkey fail to foresee the mounting storm assessments and performances, and !all in is no question in my mind that Korchnoi is and take measures to protect their ranks?" the favorite. line with modern thinking and methods for He suggested that perhaps the urge for the successful culmination of their cause. (Note to Reader: Korchnoi defeated Pe­ martyrdom was so great within the people The discussions ended with a question and trosian in their quarter-final match.) e that Armenians failed to note the danger answer period which revealed the deep in­ that threatened physical existence. terest that the evening had aroused in all Mr. Dardouni concluded his discussion of those who attended the thought-provoking the issue by calling on the people to con­ session.e TURKISH MASSACRE OF THE sider the anniversary of the massacres a day ARMENIANS IN 1915 of silent meditation and mourning, a.nd a time to learn from past mistakes. Mr. Nikol Scha.hga.ldjian, another doc­ APPOINTMENT OF THE CHAIRMAN HON. EDWARD J. DERWINSKI toral candidate presently completing his AND VICE CHAffiMAN OF THE studies at Columbia. University, discussed FEDERAL RESERVE BOARD OF ILLINOIS the massacres in the Ugh t of the reaction IN THE HOUSE OF REPRESENTATIVES from international diplomacy. After explain­ HON. PARREN J. MITCHELL Tuesday, May 2, 1978 ing that present-day international diplo­ macy differs only in that a handful of major OF MARYLAND e Mr. DERWINSKI. Mr. Speaker, re­ powers dominate the international scene, Mr. IN THE HOUSE OF REPRESENTATIVES cently, we observed the 63d anniversary Schahga.ldjia.n asserted that the major pow­ of the massacres suffered by the Arme­ ers o! the time, even if sympathetic to the Tuesday, May 2, 1978 Armenian cause, were fully a.ware of wha.t Mr. MITCHELL of Maryland. Mr. nian people at the hands of the Ottoman was happening to the Armenian people at e Turks in 1915. History now recognizes the hands of the Turks. Yet they chose to Speaker, I am introducing a bill today that the failure of the world to rally to remain neutral, or !ailed to take necessary which provides for the appointment of the side of the Armenian people set a measures either to prevent its continuation the Chairman and Vice Chairman of the pattern of indifference that produced the or to put an end to it. Federal Reserve Board at regular 4-year 12296 EXTENSIONS OF REMARKS May 2, 1978 intervals. Under the provisions of this serve as Chairman and another to serve man will be appointed for a full 4-year bill, the Chairman's and Vice Chair­ as Vice Chairman, both for 4-year terms. term in 1980 or 1984, Presidential elec­ man's terms would expire on January 31 The way in which my bill does change tion years, and be up for reappointment of the first calendar year after the year current procedure is in providing that in subsequent Presidential election years. in which the term of the President ap­ the terms of the Chairman and Vice My bill eliminates the element of pointing him is scheduled to expire. It Chairman shall always terminate on a chance that now exists in determining also makes provisions for the Chairman specific date, January 31 of the first cal­ when the terms of Federal Reserve Board or Vice Chairman to serve in their posi­ endar year after the year during which Chairmen and Vice Chairmen begin. tions during interim periods, pending the term of the President who appointed Under my bill, full terms will always end appointment of a qualified successor. him is scheduled to expire. Concomi­ on January 31 after the year in which the IMPORTANCE OF THE FEDERAL RESERVE AND THE tantly, should a vacancy in the Chair­ term of the President who appointed CHAIRMAN OF THE BOARD OF GOVERNORS man's or Vice Chairman's terms occur them is scheduled to expire. Thus, full The Federal Reserve manages our for reasons other than expiration of their terms will always begin 1 year after the Nation's money and credit. Its decisions term, the person appointed to fill the President is inaugurated. They cannot are crucial to our economy's overall per­ vacancy would still serve only until begin, as now, in election years, nor formance. Nearly all economists now January 31 of the first year following the could they begin a few days after the agree that though money is not all that year in which the term of the President President is inaugurated, as they now matters, it matters very much in deter­ who appointed him is scheduled to also can. This bill both eliminates the ap­ mining our economy's employment, expire; that is, the same date on which pointment of the Fed Chairman as an production, price, and interest rate his predecessor's term would have election issue, and insures that each trends. Inflation is exacerbated and in­ expired. President will have a Chairman of the terest rates pushed up when the Fed al­ In contrast, under existing law both Federal Reserve with whom he can work lows the money supply to grow faster the Chairman and Vice Chairman are during 3 full years of his term in office. than our economy's potential to increase appointed to serve 4-year terms begin­ Further, under current law, if Mr. production. Production recedes and un­ ning when they are appointed, regard­ Miller were reappointed March 8, 1982, employment rises when the Fed slows less of whether their predecessor has and a new Chairman was appointed money growth suddenly and sharply. served a full 4-year term. The phasing of March 8, 1986, he would have to serve their terms in relationship to that of the under Mr. Miller for 5 weeks. This is be­ The Board of Governors of the·Federal President thus is now partly a matter of Reserve supervises the system's activi­ cause the terms of Governors of the Fed ties. The Board reviews the determina­ chance. expire on January 31 of even-numbered In consequence, in the past, Chairmen years; thus, the new Chairman would be tion of discount rates, sets reserve re­ and Vice Chairmen have been appointed quirements for member banks, and over­ appointed to the Board on January 31, sees operations of the Nation's payments to serve 4-year terms at various times in but not allowed to assume the chair­ mechanism. Most importantly, the seven the Presidential cycle. President Roose­ manship until March 8. This would be members of the Board of Governors velt appointed Eugene R. Black to serve uncomfortable, to say the least. Conceiv­ serve as permanent members of the as Chairman in May 1933, only 2 months ably, one day a new Chairman will not Fed's 12-man Open Market Committee; after his first inaugural in March 1933. be confirmed for 5 months or even longer. and the Chairman of the Federal Re­ Marriner S. Eccles and Thomas B. Mc­ Then the next new Chairman would have serve Board is also chairman of the Fed­ Cabe were appointed in Presidential elec­ to serve under the outgoing Chairman eral Open Market Committee. The tion years; Eccles in 1936, 1940, and 1944, for several months. And this pattern FOMC sets year-to-year targets for and McCabe in 1948. McCabe resigned in would be continued indefinitely, until a monetary growth and guides the day-to­ March 1951, and William Mee. Martin Chairman resigned prior to the expira­ day actions that control the growth of was appointed to his first 4-year term tion of his term. in 1951 and reappointed in 1955, 1959, SECTION-BY-SECTION AN AL YSES the monetary aggregates. 1963, and 1967; that is, always 2 years Thus, in every respect, the Chairman The proposed bill on the terms of the after inauguration of the President. Mar­ Chairman and Vice Chairman of the of the Federal Reserve Board is in charge tin's term as Governor expired on Jan­ of the Nation's monetary policy. Many Federal Reserve Board is entitled the uary 31, 1970. His place both as Gov­ "Federal Reserve Act Amendments of consider his job the second most im­ ernor and Chairman was taken by Arthur portant position in Washington, second Burns, whose first term as Chairman be­ 1978." only to that of the President. His deci­ gan on February 1, 1970. Dr. Burns was Section 2 of this bill would require sions and actions strategically affect our redesignated Chairman in 1974, with his Presidents to designate the Chairman employment opportunities and the prices term phased to begin 1 year after in­ and Vice Chairman of the Board in a we pay for the goods and services we auguration of the President. G. William straightforward manner which elimi­ buy. Few, if any, would deny the im­ Miller was appointed on March 8, 1978, nates chance playing a role, as it now portance of the Federal Reserve or the and is eligible to be redesignated on does, in the phasing of their terms in Chairman of its Board of Governors. Few March 8, 1982, 1 year and 6 weeks after relation to that of the President. Spe­ also would deny the importance of pro­ the inauguration of the President. cifically, this section provides for the ap­ viding for both continuity of monetary My bill will make permanent the cur­ pointment, subject to Senate confirma­ policy and congruity with the fiscal and rent phasing of the Chairman's term to tion, of a Chairman and Vice Chairman other economic policies of the President begin 1 year after the President's inau­ of the Federal Reserve Board, each for and the Congress. The former requires guration, although it will use the Jan­ a term expiring on January 31 of the shielding monetary policy from sudden uary 31 date rather than the March 8 first calendar year commencing after the ephemeral political influences. The latter date. It will also apply the same phasing calendar year during which the Presi­ requires allowing new Presidents to ap­ to the term of Vice Chairman. dent appointing him is scheduled to ex­ point those in charge of monetary Under current law, if Mr. Miller were pire. Essentially, this means that full policy after they have had time to decide to resign in 1980, or if he were reap­ terms of Chairman and Vice Chairman and put into effect their fiscal and other pointed in 1982 and subsequently re­ would always officially begin on Janu­ economic policies. My bill aims at achiev­ signed in 1984, a new Chairman could ary 31 of the year following the inaugu­ ing precisely this dual purpose. be appointed for a full 4-year term the ration of a President. It also means that HOW MY BILL AMENDS CURRENT PROCEDURE next day or whenever the President those persons appointed to a vacancy My bill will not change the terms of chooses to fill the position. In consider­ during an unexpired term would not office of the seven Governors of the Fed­ ing this possibility, it is well to keep in serve for 4 full years, but still only until eral Reserve Board. They will continue mind that 1980 and 1984 are Presidential January 31 of the postinaugural year. to be appointed by the President to 14- election years. There is a chance then, Section 3 provides the Vice Chairman year terms, staggered so that one Gov­ under present law, that appointment of with the authority to act as Chairman in ernor is appointed on January 31 of every the Fed Chairman could become an elec­ the temporary absence or disability of even-numbered year. Also under my bill, tion issue. To assure that administration the Chairman or in the event of the of the persons thus appointed, the Presi­ of the Fed is kept out of politics, we must death, resignation, or permanent inca­ dent will continue to designate one to eliminate this chance that a new Chair- pacity of the Chairman, pending ap- May 2, 1978 EXTENSIONS OF REMARKS 1229:7 pointment and qualification of his suc­ man in relation to the President's term where "spraying" the jungle when visi­ cessor. It also provides that the Chair­ without amending provisions of the act bility was limited was not conducive to man or Vice Chairman, upon expiration with respect to the expiration of the accurate aiming of weapons. Good of their terms as Chairman or Vice Governors' terms of office. At the same marksmenship is more vital to our fight­ Chairman, shall continue to serve in that time, this measure allows the President ing men than ever before as we are capacity until a successor is appointed the widest possible choice in selecting the badly outnumbered in any possible con­ and confirmed by the Senate. The Fed­ Chairman or Vice Chairman. ventional war situation wherein we eral Reserve Act makes no provision for Third, the 1-year delay in designating would face the Red army with its hordes the former case; for the latter, it only the Chairman and Vice Chairman pro­ of soldiers. Therefore, I commend the provides that Board members may con­ vides for reasonable continuity in article which follows by Lieutenant Col­ tinue to serve on the Board, upon the monetary policy in periods when the onel Wigger that appeared in American expiration of their terms, until a suc­ Presidency changes party without, how­ Rifleman for April 1978. The item fol­ cessor is appointed and has qualified. It ever, unduly restricting the President in lows: does not specifically mention their con­ conducting economic policy. By the time ONLY HITS COUNT tinuing to hold an office on the Board. a new administration has formulated (By Lt. Col. Lones W. Wigger, Jr., USA) Section 4 repeals section 204 of the and put into place its fiscal and other Teddy Roosevelt once said: "In battle, Federal Reserve Reform Act of 1977, economic policies, the President will be the only bullets that count are those that able to designate his choice as Chair­ hit. A soldier who cannot shoot is a soldier which provided that the appointments of who counts for little in battle." Chairman and Vice Chairman be made man of the Federal Reserve Board, We have lost sight o! Rot>osevelt's famous with the advice and consent of the Sen­ thereby assuring congruity-though not words. America is no longer a. nation o! ate. Since section 2 of my bill states that subordination-of monetary policy with marksmen. The proud heritage we once pos­ the Chairman and Vice Chairman will be his economic programs. sessed, the heritage tha.t helped us win our appointed by the President by and with Fourth, after 1982, my bill rules out a independence no longer exit. The marks­ the advice and consent of the Senate, new Chairman designate having to serve manship ability o! the a.vera.ge soldier has under the person he is replacing while deteriorated so badly that we would be hard­ section 204 is redundant. Further, my pressed tt:> win a. conventional wa.r today. We bill would be enacted as soon as passed, waiting for that person's term to expire. a.re fooling ourselves if we believe the Ameri­ but section 204 does not take effect un­ Under current law, a Chairman's term can soldier can shoot. til January l, 1979. Therefore, if section need not expire the day after a new Gov­ My own combat experiences a.nd those of 204 is not repealed, it would override sec­ ernor is appointed. Chairman Miller's many other qua.lifted, marksmanship-orient­ tion 2 of my bill on January 1, 1979. first term is scheduled to expire on ed combat experts who served in Vietnam March 8, 1982, 5 weeks after a new Gov­ provide convincing evidence that our troops Section 5 insures that this bill will not can't shoot. effect the current Chairman, Mr. Miller, ernor is appointed on January 31, 1982; I ha.d daily first-band knowledge of the in any way. Were this section not en­ and a little reflection suggests that the marksmanship ability o! replacement com­ acted, Mr. Miller's term as Chairman scheduled lag could easily be 5 months bat troops and !aced the apparent la.ck of would expire on January 31, 1982, or 15 months. Thus, current law could concern about basic fundamentals by sen­ rather than March 8, 1982, and his term easily give rise to a very uncomfortable ior officers in the 23rd Infantry Division in situation, which my bill would avoid. Vietnam in 1971. I was the Officer in Charge would be 5 weeks shorter than the 4 of the Division's Sniper School, and a.lso in years to which he was appointed. How­ Fifth, current law states that when­ charge of marksmanship training !or the ever, this section provides that if Mr. ever a vacancy occurs among the seven replacement trt:>ops to the Division during Miller were to resign prior to the expi­ members of the Board a successor shall their in-country indoctrination period. ration of his term, the provisions of this be chosen to fill the unexpired portion of I round the average replacement could bill would apply to his successor, who his predecessor's term. This provision, not hit a. silhouette target at 25m, knew lit­ would serve until January 31, 1982. though, does not specify the unexpired tle of basic marksmanship fundamentals, and did not understand why he needed to REASONS FOR THIS BILL'S ENACTMENT terms of the Chairman and Vice Chair­ man. The provisions of my bill provide zero his rifle. I tried, unsuccessfully, to First, under the provisions of the 1913 change the division policy o! issuing rifles Federal Reserve Act, as amended, one that should the chairmanship or vice to replacements after in-country training vacancy among the Board of Governors chairmanship be vacated before expira­ and battalion assignments, so that they occurs on January 31 in every even­ tion of the term, only the unexpired por­ cbuld go to the field with a. zeroed rifle. tions of the term would be filled by ap­ Maj. John R. Foster was the Officer in numbered year. Under my bill, the 1982 Charge of the lOlst Airborne Division's vacancy, and vacancies every fourth pointed successors. This eliminates chance in determining the phasing of Sniper School in 1971. He was also responsible year thereafter, will permit the Presi­ !or the in-country training for the replace­ dent to designate a new Chairman to a the terms of our top monetary policy of­ ments, as well as a. special marksmanship full term who is the most qualified indi­ ficials, with that of the President, and school conducted weekly !or combat troops. vidual in the country. He will not be lim­ clearly chance should play no role in The replacement troops did not zero their the determination of this relationship.• rifles before being sent to the field because ited to persons already serving as mem­ they did not receive battalion assignments bers of the Board. The new person can be and personal weapons until the in-country appointed Governor January 31 and des­ training was completed. ignated Chairman the next day. In con­ The lOlst had a. weekly program in which trast, under the law as it stands, the ONLY HITS COUNT two members from ea.ch combat company Chairman might have to be chosen from were sent in from the field !or marksman­ among already sitting Governors. He ship refresher training. To demonstrate the HON. LARRY McDONALD importance of fundamentals to this group would if the Chairman's term began and OF GEORGIA of approximately 30 seasoned combat troops, expired in odd-numbered years, as did IN THE HOUSE OF REPRESENTATIVES Maj. Foster conducted a. demonstration dur­ William McC. Martin's terms as Chair­ ing the first period of instruction. He asked man. There is no automatic vacancy on Tuesday, May 2, 1978 the group to select from within their ranks the Board of Governors in odd-num­ • Mr. McDONALD. Mr. Speaker, while the individual whom they considered their bered years. Thus, if the Chairman must the debate rages on about our strategic worst marksman, usually a. "Gomer Pyle." be chosen in an odd-numbered year, the An instructor would remove this apparently weaponry and the sophisticated hard­ inept soldier from the group and !orce-!eed President, barring a fortuitous resigna­ ware that is planned for our soldiers, him basic marksmanship fundamentals tion, must choose from among a prede­ we should not forget the rifle, which is while the res~ of the group was being briefed. termined pool of just seven persons. basic to all soldiers. On an individual After the briefing, each man in the group Clearly, this constraint is unnecessary, basis, there are still good professional was moved to the firing line with his personal unwarranted, and unduly confining. marksmen in the Army, but, the overall M16 and two fully-loaded 30-round maga­ Second, under my bill, incoming Pres­ average performance is poor whether we zines. They were then instructed to fire as many rounds as possible, in any position, at idents will designate a Chairman and are talking about tank gunners or rifle­ any rate of fire in a. maximum of one minute Vice Chairman 1 year after assuming men firing M-16s. And in the days of a at a. single man-size silhouette target placed office. This provides for the closest pos­ tight budget, the tendency always is to 50 m down-range. "Gomer Pyle" was allowed sible phasing of the terms of the Fed­ cut down on "live" firing. The experience to zero his M16 and issued two loaded 30- eral Reserve Chairman and Vice Chair- of Vietnam only worsened the situation round magazines. He was then instructed to . 12298 EXTENSIONS OF REMARKS May 2, 1978 shoot as many rounds as possible at a sepa­ scldlers of this century have never attained to excel in something, he will, mostly likely, rate, but identical silhouette, given the same true proficiency with the rifle. continue to show enthusiasm for it the rest time limit. However, "Gomer Pyle," unlike In 1956, a two-fold approach was taken to of his life. Thus, inspiring enthusiasm to­ the rest of the group, was required to use improve Army marksmanship, incorporating ward shooting becomes simple. In combat the prone position, had to place the selector the lessons of Korea. The first phase was the shooting, as in competitive shooting, the en­ switch on semi-automatic, and he had re­ introduction of the Trainfire system of thusiasm comes when the individual has ceived a five-minute class on fundamentals. marksmanship training. Developed by a confidence in himself and his fl.rearms. Con­ Without exception, the result was always group of Army experts, this system provided fidence is acquired through increasingly suc­ the same. The soldier wh.o had received the marksmanship training which closely simu­ cessful performance. Therefore, to ensure extra training always. had more hits with his lated combat conditions. Soldiers were taught enthusiasm toward shooting, it is necessary controlled 60 shots than the rest of the group the most effective fl.ring positions and the to teach riflemen to shoot accurately. did in their total, combined effort. The importance of firing from cover and conceal­ In the Army pamphlet "Training Opera­ soldiers in the group usually shot standing, ment. The second phase included range esti­ tions-Lessons Learned," most commanders and rarely fl.red their rifles except on full mation and target detection. observed that individual soldiers in Vietnam automatic. Many did not even bother to use The objectives of the Trainfire rifle marks­ needed to be taught to shoot more accurate­ the rear sight. The group averaged four to manship course were: to develop confidence ly. They stated that some type of known-dis­ six total hits out of approximately 1800 and the desire to engage a combat target, to tance firing should be used and stressed dur­ rounds of ammunition. develop the ability to detect combat-type ing basic rifle marksmanship training. The 25th Infantry Division was located at targets, and to develop the ability to hit a The lack of qualified instructors at the Cu Chi in 1969. M/ Sgt. Emil W. Heugatter detected target. Advanced Individual Training and Basic was in charge of the Division's Combat Since the adoption of Trainfire, aimed fl.re Combat Training level, as well as in regular Marksmanship School, which was the cover and aimed-fire training have been de-empha­ troop units, is perhaps the biggest reason name used for the Sniper School. sized. Many have advocated a scatter-gun, our troops are not proficient marksmen. G-3 detailed the Combat Marksmanship hit-or-miss spraying of enemy-held ground, The principles are being written into les­ School to test the marksmanship proficiency in the hopes that perhaps some of the enemy son plans, and the students hear the words, and weapons maintenance of a selected would be hit. This seems to be the "typical" but this is where the instruction stops. When platoon of a line battalion in ea.ch brigade. approach to solving the problem of effective a sklll which involves muscular coordina­ M/ Sgt. Heugatter and SFC Cleone L. An­ combat marksmanship. We have continued in tion and discipline is taught, the teaching of thony conducted the test by placing 12" this trend today. An example of this is that skill requires more than an oral brief­ square zero targets on takes at 25 m and "quick kill" which was adopted by the Army ing. The teacher must be competent, ex­ required each man in the platoon to shoot in the 1960s. perienced, and have first-hand knowledge of slow-fire prone. Approximately 10 % were In 1966, the Army adopted the Ml6 rifle the subject. A non-swimmer cannot effec­ able to hit the square target. The others which was used extensively in Vietnam. It tively teach swimming; neither can a poor could not hit the target either because their was light- and proved worthy for close-in shooter or inexperienced teacher teach rifles were not zeroed or they lacked knowl­ fighting, especially in the jungle. It had the shooting effectively. edge of the fundamentals. Most did not know capability of automatic fire, and because of Maj. Gen. Pickett also reiterated this point how to zero their rifles and showed no un­ its small caliber, more ammunition could be in a recent article. He said: "The responsi­ derstanding of why they should. The 25th carried. bility for developing training has been Division had no requirement for their sol­ With the adoption of the Ml6, the service passed from shooters, experienced soldier­ diers to zero their rifles before they were rifle's maximum effective range was short­ marksmen, to behavioral and social scientists sent to the field. ened considerably from that of the Ml and under government contract." In other words, Heugatter and Anthony also found that Ml4. Aimed fire was seldom used and volume shooters are no longer teaching shooting! many of the rifles needed maintenance. Some automatic fire became the rule in combat Qualified instructors should be developed had front sights rusted beyond adjustment, because of the Ml6's full-automatic capabil­ from the ranks of competitive shooters. The one rifle had no front sight at all, and many ity. But the training concept was not de-emphasis on competitive shooting is tak­ had completely worn-out barrels. changed. Tra.inflre, with minor modifications, ing its toll. It is estimated that there are no American combat troops in Vietnam were was still being taught. more than 300 experienced rifle shooters re­ often poorly trained, lacked knowledge of When Maj. Gen. George B. Pickett, Deputy maining on active duty today. In five years, basic fundamentals and did not maintain Commander, Third U.S. Army, was asked in at the current retirement rate, there wlll be t heir weapons properly. No one, including 1973 why the Army could not shoot, one of few NCOs with competitive marksmanship senior NCOs and officers, seemed to under­ the reasons he gave was that: "No tactical expertise remaining. Because of the de-em­ stand the importance of h aving a zeroed rifle. doctrine was ever devised or adopted for the phasis on competitive shooting, few new Current Department of the Arm y policy Ml6 rifle." The program for Trainflre was shooters are entering the system. When states: originally written for the Ml and slightly competitive shooting dies, our instructor "There is no need to live with antiquated, updated for the Ml4. expertise in marksmanship will die with it. ineffectual marksmanship wh en the life of There are other reasons that have led to Results of the "Little Report" reinforce the soldier depends on his ability to use his our demise as a nation of marksmen. this statement. According to their findings: rifle effectively. The soldiers' life can be lost "Known-distance" shooting has been phased "It is extremely important to have knowl­ in a second at a loss of thousands of dollars out completely, except in competitive shoot­ edgeable, competent marksmanship instruc­ in training and support. We should con­ ing. Known-distance shooting always stressed tors and coaches teaching marksmanship in tinually strive for bet ter ways of teaching fundamentals. All good shooting, be it com­ basic training. The more they know about him to shoot, and to develop his confidence bat or competitive, requires the application marksmanship training and shooting, and in his ability to use his basic weapon." of the same fundamentals. Such things as the more they feel and communicate the Unfortunately many personnel do n ot sup­ sling support and adjustable sights do not importance of being able to shoot well, the port this policy. The importance and neces­ change fundamentals; they a.re merely more effective they are as teachers. The man sity of good marksmanship for combat sol­ sophisticated aids designed to ensure greater who is both a combat veteran and a success­ diers has always been a controversial subject, precision. Good habits are no longer learned. ful competitive shooter is most believable in even though history has proven that the Aiming, sight alignment, breathing, trigger communicating both the need to become a so!dier who could hit what he shot at played control, and follow-through are not re­ capable shooter and how to develop such an important role in all our wars. tained. The forming and retaining of these canability." As a nation, we have become progressively basic good habits assure the probability of a poorer marksmen. During WWI, the Amer­ When I was the Officer in Charge of the hit, not just the possibility. 23rd Infantry Division's Sniper School in ican soldier expended 7,000 rounds for each Known-distance shooting is also needed enemy casualty. Vietnam. most prospective sniper trainees to establish accurate battle sight zeroes. Be­ were .1ust "enduring" the class and gave the In WWII, the figure was 25,000 rounds and cause of the use of the 25 m zero target, in­ impression that they were there, not neces­ in Korea, 50,000 rounds. How many rounds structors and students have lost sight of the were expended in Vietnam? 200,000? 400,000? sarily for the training, but for the opportu­ absolute necessity for a rifle to have the nity to leave the field for two weeks. They According to Col. Ernest Dupuy in an arti­ sights ad.Justed with the line of bore so the cl6 in The Army-Navy-Air Force Register in were used to standard m111tary classes where bullet will hit where the rifle is aimed. instructors fed them typical military smoke 1960, "it has been proven that during WWII Trainfire shooting does not allow the out of a book. Jn short, their attitude left and Korea, a sizable portion of our front­ shooter to see where he is hitting. The line soldiers never fired their rifles in action." a lot to be desired. I told them that within a soldier must know where his shots are going week they would be getting first-round hits Maj. Gen. M. A. Edson, USMC (Ret.) re­ to gain confidence in his rifle and en thu­ on man-size silhouettes at ranges 600 m or ported in 1954, "only one out of five service­ siasm for shooting. Mistakes which are not more, approximately 90 percent of the time men in Korea regularly fl.re their rifles (sic) recognized and are, therefore. habitually re­ with the sniper rifle. They were familiar with in combat. This is due to a lack of confidence peated are the major causes of poor perform­ the M16 and its capabilities and had expe­ based on insufficient training." ance and loss of enthusiasm for marks­ rienced the problems in hitting a target at Except for hard-core Regulars and Marines, manship training. 100 m. I sensed that they did not believe especially between the two World Wars, foot It is only natural that if a man is taught me. May 2, 1978 EXTENSIONS OF REMARKS 12299 By the time the course was a weelt old, soldiers are not learning the fundamentals, in today's world. Her contributions to they were getting first round hits as I pre­ and what they do learn is not retained. the field of education, to the central dicted because my instructors were former A meaningful, annual requaliflcation for New York community, and to our neigh­ competitive shooters and knew how to teach all units should be established. This quali­ bors the world over are numerous and marksmanship. The transformation in atti­ fication should receive command emphasis, tude, which occurred almost overnight, was and a system should be established for varied. She has boundless energy and remarkable. They recognized the fact that checking scores to insure integrity. There enthusiasm for every task she under­ the instructors were highly competent, pro­ have been too many instances in the past takes, and no matter how busy she is, fessional, and capable of practicing what where units have qualified with the "Ml the smile on her face never fades, and they preached. The instructors had gained pencil." her grace and charm shine through to their respect-something which was very un­ We need to re-emphasize the sniper rifie. It all who come in contact with her. usual in Vietnam. By the time they grad­ once again proved its usefulness in Vietnam. It is no wonder, therefore, that her uated, they were better soldiers who were Although all American divisions had snipers, many friends and colleagues will pay highly motivated, capable marksmen. They they were most effectively employed in the also had confidence in their rifles and how to 9th Division in the Mekong Delta. Snipers ac­ tribute to Sister Rosalie in Syracuse on use them. They were eager to return to counted for 1139 killed in action in one May 16-a very special day for her, the field to try out their newly learned seven-month period, January-July 1969. because it is the golden anniversary of knowledge. Bece.use of the short maximum effective her investiture into the Order of St. If military marksmanship is to be saved, range of the Ml6, we are developing an en­ Francis. salvation will have to start at the top. Tw() vironment for sniper employment. The long­ As an administrator, as a scholar, as major obstacles must be surmounted. The range effectiveness of the sniper rifle com­ an educator, and most importantly, as first is bureaucratic resistance to change plements the short range of the M16. An a Christian, Sister Rosalie fills each role and the second is the fact that most Army enemy would have difficulty taking advan­ Officers and NCOs think they know rifle tage of the short range of the M16 if the with a warmth and talent that we all marksmanship. They do not know that they sniper and his rifie were effectively employed. admire very much. Her list of academic do not know. The attitude that prevails in Although a new, more realistic course of and community accomplishments are the Army toward marksmanship and shooters fire for combat training needs to be estab­ extensive, and topping the list is her must be changed and the result must be ac­ lished at the BCT level, a recent policy current position as president of Maria cepted and supported. Command emphasis change for competitive shooting was a step Regina College in Syracuse. is the key. in the right direction. The Army adopted a Sister Mary Rosalie Brady was born The best method to accomplish this would new combat-type competitive shooting pro­ Frances Joan Brady in Brooklyn, N.Y., be to establish a career field for marksman­ gram. The program includes two categories ship. This would demonstrate the Army's of teams, battalion/ battalion-equivalent and the daughter of the late Owen Brady of commitment and support for the program. composite teams. Competition include com­ County Cavan, Ireland, and Delia, Currently, there are hundreds of officers bat rifle, pistol, and two-man machine gun Mason, County Tipperary. and enlisted men in marksmanship/ marks­ matches. In the battalion/battalion-equiva­ She entered the order of the Sisters of manship-related jobs throughout the Army lent category, shooters use unmodified unit St. Francis of Syracuse in 1927 and made who have little or no marksmanship experi­ weapons and standard-issue ammunition; her final profession of vows in 1933. ence. I estimate that there are approximately only the winning battalion team from each Obtaining both her undergraduate and 1,700 ROTC shooting teams, the vast ma­ installation level match goes forward to their masters degrees from the Catholic Univ­ jority of which do not have experienced respective Army Area Championships. Event­ coaches. Further, there are marksmanship ually the best battalion team in the Army is ersity of America, Sister Rosalie went on requirements in BCT, AIT, Weapons Com­ selected. They fire the combat course of fire to get her Ph. D. in romance languages mittees, Post Range Control Organizations, only. from that same university. She did post­ staff assignments involving marksmanship/ The composite team category uses match­ doctoral work at the University of infantry small arms at all levels of command grade weapons and ammunition and is the Havana in Cuba. up to and including the Department of the source for the Army Area's competitive Sister Mary Rosalie was the recipient Army, as well as marksmanship units at post, shooters and for higher levels of competi­ of a Fulbright scholarship to the Univer­ Army area and All-Army level. There are tion. Their courses of fire include both com­ sity of Los Andes, Bogota, Colombia. 2,000-3,000 assignments that require marks­ bat and National Match (known distance) She also received a French Embassy manship-related expertise as a primary or courses of fire. secondary skill. If a marksmanship career The results of competition in combat scholarship to attend the University of field existed qualified personnel would have shooting held at three FORSCOM Regional Grenoble, France, and a Federal grant the opportunity to develop their talents, Matches and the All-Army Championships under the foreign language education assist the Army in marksmanship related in 1976, point clearly to the lack of profi­ series program for modem language areas, be available at all levels to present ciency on the part of Army shooters in com­ teachers, to study at Laval University in qualified instruction, and be given the op­ petition with the National Guard and Re­ Quebec, Canada. portunity to advance in rank with their con­ serve. Overall, the Army won only 30 percent t emporaries. This would enable the Army to Besides her formal education, Sister of the matches. The Guard won all eight Rosalie has traveled to Canada, South receive a sizable return on its investment in of the battalion combat rifle competitions shoot ing and raise the overall proficiency in at the AU-Army level. America, Europe, Central America, Cuba, marksmanship for the combat soldier. Marksmanship proficiency has reached an Puerto Rico, and Hawaii. Because of lack of promotions and sup­ all-time low in the Army. With the adoption She began her teaching career as a port for marksmanship-orien ted jobs, the of these recommendations, we could again teacher of modern languages, in particu­ Army is losing its qualified experts. As Maj. become a true nation of marksmen and an lar English and French, at the high Gen. Pickett wrote recently: "The Army can­ Army of highly-motivated combat soldiers, school level. She moved on, however, to not lose professionals with skills which we each proficient in marksmanship and con­ the administrative level, serving as vice need critically just because some com­ fident in his rifle and his own ability. puterized pattern based on opinions of social If we are to have the capability to win on principal of both Oswego Catholic High scientists says that they do not fit the suc­ the battlefield, we must heed the words of School in Oswego, N.Y., and Bishop Lud­ cess pattern." Army Chief of Staff Gen. Bernard W. Rogers, den Hwh School in Syracuse, N.Y. At Within the framework of the career field, who has stated: "Marksmanship is a.n essen­ various times in her career, she also re­ some sweeping changes in policy must be tial element of combat effectiveness; soldiers turned to the Franciscan Academy, the made, to revitalize and promote the program. must not only be able to hit targets, but, home base of the Order of St. Francis, It is imperative that we re-emphasize and just as important, they must also have con­ and in 1965 took over the presidency of promote qompetitive shooting. Experience in fidence in their ability to do so."e Maria Regina College. marksmanship competition has a positive cumulative effect on proficiency. Competi­ Sister Rosalie is or has been an active tive shooting promotes knowledgeable, and member of more than two dozen educa­ competent marksmanship instructors and TRIBUTE TO SISTER MARY tional, international, and community coaches. We cannot afford to lose our com­ ROSALIE BRADY service organizations, among them the petitively qualified instructors. The man who Business and Professional Women's Club is both a combat veteran and a successful o; Syracuse, Zonta Club of Syracuse, competitive shooter is most believable in HON. WILLIAM F. WALSH United Nations Organization of Syra­ communicating both the need to become a capable shooter and how to develop such OF NEW YORK cuse, Franciscan Community for Latin capability. IN THE HOUSE OF REPRESENTATIVES American Affairs, Catholic Renascence Society, National Association of Foreign Known-distance shooting should be rein­ Tuesday, May 2, 1978 stated at BCT and AIT level to complement Student Affairs, Who's Who in American combat firing. More range time should be e Mr. WALSH. Mr. Speaker, Sister M. College and University Administration, allocated to rifie marksmanship tra.inini'. Our Rosalie Brady is a very special woman St. Elizabeth's Hospital Board of TrUst- 12300 EXTENSIONS OF REMARKS May 2, 1978 ees, and the American Association of gress back in 19~2. during the panic about THE 1978 ACREAGE LIMITATION Presidents of Independent Colleges and thalidomide. In response to the agitation of REPEAL ACT REINTRODUCTION that period, Congress charged the FDA with Universities. determining not only the safety of beneficial It is both an honor and a pleasure for drugs (which it was already doing), but also me to have the opportunity to join in the HON. BOB STUMP the efficacy of such drugs in achieving their OF ARIZONA community tribute to this most unusual intended purpose. This, plus constant woman. I wish her many more years of polltical/psychological pressures against the IN THE HOUSE OF REPRESENTATIVES active service to mankind and the joy marketing of new drugs, has slowed to a Tuesday, May 2, 1978 that such service brings. God bless you, crawl the introduction of chemical entities in America. • Mr. STUMP. Mr. Speaker, tomorrow, Sister Rosalie.• "Unfortunately," Helms observes, "the May 3, 1978, I will introduce "The 1978 problem with sodium valproate is just the tip Acreage Limitation Repeal Act". Any of the bureaucratic iceberg.... Fifteen Member who would like to join me and years ago it generally required about two many other colleagues in sponsoring this years and a little over $1 million to develop FDA-THE SNAIL WITH THE a new drug in the United States. Now it takes piece of legislation may call my office be­ CLUBFOOT eight to ten years and up to $20 million. The for the end of the working day. U.S. is suffering from a serious drug lag H.R. 11944 will once and for all put to imposed by bureaucratic red tape." rest the problem we have been experi­ HON. LARRY McDONALD The time lag is confirmed by Professor Yale encing regarding the acreage limitation. OF GEORGIA Brozen of the University of Chicago, who The bill, purely and simply, is a compre­ notes that because of the efficacy require­ IN THE HOUSE OF REPRESENTATIVES hensive bill to repeal the 160-acre limi­ ment and the proof demanded by the FDA tation and remove the residency require­ Tuesday, May 2, 1978 that any particular drug measures u)> to it, the clinical trial period necessary for an ment. • Mr. McDONALD. Mr. Speaker, while it acceptable new drug appllcation (NDA) has The Arizona State Legislature passed is true that the FDA finally released the been dragged out, on the average, for four senate concurrent memorial 1003 urging drug sodium valporate to the market for additional years. Also, Brozen writes, "the the Congress to amend the Reclamation treatment of epilespy, it is also true that time between filing and approval of an NDA Act of 1902 to eliminate or modify acre­ has increased from seven months to 27 age limitations and remove residency re­ many other proven drugs are still lan­ months." In toto, therefore, new drugs are guishing in the FDA's redtape machine reaching the U.S. market some six years quirements relating to farm lands irri­ while Americans sut!er and wait. M. later than they did under the pre-existing gated with water from Federal reclama­ Stanton Evans recently wrote a very fine drug laws. tion projects. column on this problem in the National Confirming these assertions from a slightly Below is this senate, concurrent me­ Review Bulletin for April 21, 1978, which different angle is Professor Henry G. morial: I feel merits the consideration of my Grabowski of Duke University. In a survey SENATE CONCURRENT MEMORIAL 1003 for the American Enterprise Institute (Drug colleagues. As Mr. Evans points out the Regulation and Innovation) , Grabowski re­ To the Congress of the United States of results of granting the FDA the right to views a number of studies concerning the America: decide the efficacy of drugs in 1962 has production of beneficial drugs before and Your memoriallst respectfully represents: only been to slow down the development after the '62 amendments, and shows that Whereas, in 1902, Congress enacted a Rec­ of new medicines in the United States the annual rate of introduction of new lamation Act, 32 Stat. 388, to provide irriga­ chemical entities declined from 56 a year be­ tion systems for farmlands in the ·arid West; and concentrate more power in the big and drug companies, since the little ones fore adoption to 17 a year thereafter. He also notes Professor Warden's finding Whereas, section five of such Act prescribed cannot at!ord to bear the cost of the that, of drugs that were available in both a limitation of one hundred sixty acres FDA regulations. The column follows: the United States and Britain up through owned by an individual farmer eligible to AT HOME 1971, twice as many were introduced first in receive irrigation water from a reclamation The recent decision of the Food and Drug Great Britain as were introduced here. Gra­ project; and Administration to permit the marketing of bowski suggests that the dollar cost of in­ Whereas, section five of such Act limited sodium valproate is a belated concession to troducing a new drug in the United States .sales of such land to bona fide residents re­ common sense, but only a beginning toward has roughly doubled, and that U.S. "research siding in the neighborhood of such land; adoption of a rational drug pollcy in the and development 'productivity' declined al­ and United States. most six-fold between 1960-61 and 1969-70." Whereas, such limitations have been only Sodium valproate is the most effective The FDA's response to all of this is that sporadically enforced by the United States drug now known to medical science for the the American drug lag is simply part of a Department of the Interior; and treatment of epilespy, and has been success­ worldwide slowdown, and that we have Whereas, because of the lack of enforce­ fully used in Europe for upwards of a dec­ not been denied "important" medications ment of such law, many people have ac­ ade. The Commission for the Control of available elsewhere. Grabowski dissents from quired legitimate interests in land and water Epilespy estimates that availability of the this conclusion, observing that while there in excess of authorized limits; and drug in the United States could prevent one has been a general tightening up on drug in­ Whereas, the Department of the Interior, million epileptic seizures annually. But novation in Europe since the thalidomide under court order, has proposed regulations until the recent turnaround of official pol­ scare, the reaction has been nowhere near which would strictly enforce the limitations icy, the drug was barred from the United so great as in the United States, nor have in the future and force persons holding ex­ States by the procedures of the FDA. the results been so clearly negative in terms cess lands to dispose of them in a manner Senator Jesse Helms of North Carolina, of drug availability. (One interesting symp­ and to persons dictated by the Department; who has been among congressional leaders tom of the difference is the fact that drug and in the effort to legalize sodium valproate, innovation in the Untied States has become Whereas, under the proposed regulations, observes that the problem with this drug is very heavily concentrated in the larger drug an owner of excess land would be forced to symptomatic of a larger difficulty. He notes firms since the 1960s, because the smaller sell it for a. price well below its true market that there has been a general slowdown in firms can less easily afford the costs imposed value; and the introduction of new drugs for epilepsy by the FDA. In Great Britain, by way of Whereas, under the proposed regulations, in this country, and of other medications contrast, the innovation process has become an owner of excess land would be prohibited also. Increasingly, this branch of medical less-not more--concentrated.) · from even leasing back such lands after dis­ science in the United States is lagging be­ The FDA position that we have not been position; and hind the British and other European denied any "important" drugs is sufficiently Whereas, because of lnfiation and the state nations. answered, of course, by the case of sodium of commercial agriculture, one hundred sixty This subject has been examined at length valproate, and could also be answered by ref­ acres is an unrealistic limitation on agricul­ by Professor Wllliam Wardell of the Uni­ erence to other medications including DMSO, tural holdings to the point of being arbitrary versity of Rochester School of Medicine. Pro­ treatments for high blood pressure, and and capricious; and fessor Wardell ·points out that, "from 1960 medicines for asthma and hypertension which became available in Europe years be­ Whereas, many reclamation statutes pro­ to date, all except one of the 11 drugs in­ vide exceptions to the acreage limitations troduced for epilepsy in the United States fore being cleared for marketing in the United States. and such lack of uniformity may raise con­ have been introduced first into Britain, by stitutional questions; and margins of up to 11 years. . . . Half of the Against that backdrop, it's good news that drugs (for epilepsy) available in the United sodium valproate has been decriminalized. Whereas, reclamation systems on Indian Kingdom are not yet available in the United It will be even better news when the FDA's reservations contain no such limitation even States." abllity to slow or halt the introduction of though most of such land is under long­ At the root of the problem are amendments safe new drugs has been abolished term lease to non-Indians; and to the Food and Drull Law adopted by Con- altogether. M. STANTON EVANS .• Whereas, strict application of the limita- May 2, 1978 EXTENSIONS OF REMARKS 12301 tions at this late date will be clouded by liti­ tending to Mrs. Ford our very best wishes lems involving drug abuse and prevention gation for years to come; and for a speedy recovery. and control: Drug abuse problems in this Whereas, across-the-board application of In the United States alone, it has been country have grown froin the use of mari­ the acreage limitation does not take into conservatively estimated that narcotics huana and LSD in the early 1960's to the consideration substantial economic varia­ current use of a multitude of dangerous tions depending on the crop grown, the type trafficking amounts to an estimated $10 drugs that include heroin, cocaine, a host of of soil, the length of the growing season, the billion in gross annual sales and results hallucinatory drugs, pain killers, ampheta­ elevation and latitude of the land, the salin­ in approximately $17 billion in drug­ mines, barbituates, alcohol and combina­ ity of the water and many other factors; and related crimes. According to some au­ tions thereof. Whereas, the original purposes of the acre­ thorities, the number of narcotic ad­ What was once regarded as a drug prob­ age limitation to distribute the benefits of dicts both in and out of treatment has lem limited to the United States has now reclamation projects, promote family farms fluctuated between 670,000 and 722,50() reached epidemic proportions for both nar­ and preclude speculation underwritten by in the last 4 years. Approximately 4,000 cotic producer nations and narcotic user na­ Federal investments are now largely obsolete, tions throughout the world. moot or nugatory; and of this Nation's citizens annually suc­ Narcotics trafficking, drug abuse and drug Whereas, imposition of the residency re­ cumb to drug overdosages. addiction are no longer unique to our nation. quirement, not enforced since the Omnibus Preliminary reports from the Drug These problems now involve nations ~djustment Act of 1926, 44 Stat. 636, would Enforcement Administration