June 2, 1970 CONGRESSIONAL RECORD- HOUSE 17877 AMENDMENT OF THE FOREIGN There are a number of other amend would have to object to a unanimous MILITARY SALES ACT ments that I am aware of. There are at consent agreement to proceed now to least 12 to 15. A number of them which consideration of the proposed amend The Senate resumed the consideration have been introduced will be called up. ment of the Senator from Delaware. of the bill HOUSE OF REPRE,SE·NTATIVES-Tuesday, June 2, 1970 The House met at 12 o'clock noon. Recognizing that we are all made in unity of purpose, placing the total wel Rev. William Gillies Kalaidjia.n, the Your image, we have not lived up to the fare of the Nation above each and every Bedford Park Congregational Church, trust and faith You placed in us, making group that seeks a lesser purpose. We Bronx, N.Y., offered the following us different from all other living things. pray 0 God, that no man or group will prayer: We have fallen short of the purpose of be above the law nor beneath it. Help Eternal God, in our abundant and spiritual ecology. Failure to understand this Congress to recognize that our Na beautiful Nation, we pause in prayer to the relationship of the human soul to its tion's basic problem is conduct, not recognize Thy presence. We have so spiritual environment and motivation has color, and it is seen in crime rates, the much to be grateful for and yet we have all but destroyed our national purpose. family life crisis, the educational crisis, not shown enough respect for You nor We pray this House of Representatives the high death rate on our highways, the enough reverence for life. will bring this Nation together in a new tragic problems of alcoholism, drug 17878 CONGRESSIONAL RECORD -HOUSE June 2, 1970 abuse, and child abuse, and the dreadful First, I am proud because Bill Kalaid TRIBUTE TO THE REVEREND failure of our correctional institutions to jian is a truly outstanding human being WILLIAM G. KALAIDJIAN change lives. who is well known in New York for his Help Congress with Thy help 0 God, sincere dedication to community civic White House the to our party and to the Nation. Mr. Speaker, the good people of the other day when the distinguished 17th District of Illinois have repeatedly Speaker of the House of Representatives shown good sense and have thus far who is now in the well was honored, and GENERAL LEAVE TO EXTEND elected LEs ARENDS to 18 terms in the when comments were made that upon his Mr. GERALD R. FORD. Mr. Speaker, U.S. House of Representatives. For that retirement he will have achieved the very I ask unanimous consent that all Mem I congratulate them and him. Only four enviable· distinction of having served bers may have 5 legislative days in which other men now serving in this House longer for a consecutive number of years to extend their remarks on this subject. have been here longer than LEs ARENDS. than any other Speaker in the history The SPEAKER. Is there objection to It is fitting that we join today in salut of our Republic. the request of the gentleman from ing a man we all love and respect, our I feel equally sure that no one will Michigan? capable, articulate and witty friend, the ever equal the record that has been There was no objection. Honorable LESLIE C. ARENDS Of Illinois. compiled in this respect by the gentle Mr. ALBERT. Mr. Speaker, will the man from Tilinois United States Air Force, THE ARMY, NAVY, AND AIR FORCE Mr. and Mrs. Raymond Feldmeier, citizens of his patent (United States Patent Num of the United States, pursuant to section 204 bered 2,693,980) covering an automatic para The Clerk called the bill General of the United States has taken excep of services rendered in connection with the Mr. PEPPER. Mr. Speaker, House tion, only after being advised at intermediate, claim referred to In the first section of this command, and departmental levels that such Act, and the same shall be unlawful, any Resolution 969 provides an open rule payments were properly payable. contract to the contrary notwithstanding. with 1 hour of general debate for con SEc. 2. (a) The Secretary of the Treasury Any person violating the provisions of this sideration of House Joint Resolution 746 1s authorized and directed to pay, out of any Act shall be deemed guilty of a misdemeanor authorizing appropriations for the Pan money in the Treasury not otherwise ap and upon conviction thereof shall be fined American Institute of Geography and propriated, to the said Robert L. Poehlein an in any sum not exceeding $1,000. History: amount equal to the aggregate of the The bill was ordered to be read a third The Institute is one of the six special amounts padd by him, or Wiithheld from sums ized organizations of the Organization of otherwise due him, with respect to the in time, was read the third time, and passed, debtedness to the United States specified in and a motion to reconsider was laid on American States and is composed of the first section of this Act. the table. 21 member countries of the OAS and (b) No part of the amount appropriated in Canada. The Institute operates through subsection (a) of this section in excess of 10 a general secretariat, three commissions, per centum thereof shall be paid or delivered MRS. ELEANOR D. MORGAN and a nwnber of committees and work to or received by any agent or attorney on The Clerk called the bill ing groups, and draws together the ef account of services rendered in connection for the relief of Mrs. Eleanor D. Morgan. forts of over 400 geographers, cartog with this claim, and the same shall be un raphers, and historians in the Western lawful, any contract to the contrary notwt•,h Mr. DUNCAN. Mr. Speaker, I ask standlng. Any person violating the provisions unanimous consent that this bill be Hemisphere. At the present time the of this subsection shall be deemed guilty of passed over without prejudice. chief geographer of the U.S. Geological a misdemeanor and upon conviction thereof The SPEAKER. Is there objection to Survey is president. shall be fined in any sum not exceeding the request of the gentleman from In 1965 the Institute's annual budget $1,000. Tennessee? was increased and a formula for pay There was no objection. ment was adopted, based on ability to With the following committee amend pay, calculated on the basis of net na ment: tional income statistics. Under that for Page 2, line 5, at the end of the sentence, JOHN R. GOSNELL mula the U.S. share of the budget is add the folldwing: "The relief herein au thorized shall not bar recovery from the The Clerk called the bill CH.R. 13469) 66 percent. Thus, in the 89th Congress payees of the amounts improperly received for the relief of John R. Gosnell. the dollar ceiling on U.S. contributions by them." Mr. DUNCAN. Mr. Speaker, I ask was raised from $50,000 to $90,300. Under unanimous consent that this bill be the Institute's new budget authorization, The committee amendment was agreed however, this increase was insufficient to to. passed over without prejudice. The SPEAKER. Is there objection to meet the full U.S. assessment of $151,350 The bill was ordered to be engrossed and by the end of fiscal year 1969, the and read a third time, was read the third the request of the gentleman from Tennessee? United States was in arrears in the time, and passed, and a motion to re amount of $386,050. consider was laid on the table. There was no objection. The SPEAKER. This concludes the In order to meet the obligations of the call of the Private Calendar. United States as a member of the Insti tute, House Joint Resolution 746 author JAMES HARRY MARTIN izes to the Department of State not to The Clerk called the blll CS. 1786) for PAN AMERICAN INSTITUTE OF exceed $200,000 annually, as may be re the relief of James Harry Martin. GEOGRAPHY AND IDSTORY quired for payment of its share of ex There being no objection, the Clerk penses; such additional sums a.S needed read the bill as follows: Mr. PEPPER. Mr. Speaker, by direc for payment of necessary expenses inci s. 1786 tion of the Committee on Rules, I call up dent to U.S. participation in the Insti Be it enacted by. the Senate and House of House Resolution 969 and ask for its im tute; and $386,050 for payment of its Representatives of the Untted States of mediate consideration. assessed annual contributions for the America in Congress assembled, That, not The Cler-k read the resolution as period beginning July 1, 1964, through withstanding any provision of the World War follows: fiscal year 1969. A4Justed Compensation Act, approved May H. RES. 969 Mr. Speaker, I urge the adoption of 19, 1924, as amended, limiting the period Resolved, That upon the adoption of this the rule. within which claims may be filed thereunder, resolution it shall be in order to move that Mr. GROSS. Mr. Speaker, will the the Secretary of Defense is authorized and the House resolve itself into the Committee gentleman yield? directed- of the Whole House on the State of the (1) to receive and consider any applica Union for the consideration of the joint res Mr. PEPPER. I yield to the gentleman tion of James Harry Martin, of Phoenix, Ari olution (H.J. Res. 746) to amend the joint from Iowa. zona, filed within six months after the date resolution authorizing appropriations for the Mr. GROSS. Did the gentleman say of enactment of this Act, for benefits under payment by the United States of its share that the increased assessment is based the adjusted compensation program, the of the expenses of the Pan American Insti upon the ability of the United States to said James Harry Martin having served tute of Geography and History. After gen pay? honorably in the United States Army during eral debate, which shall be confined to the Mr. PEPPER. Not necessarily on the World War I while he was under age, but joint resolution and shall continue not to not having been ellgible to file for benefits exceed one hour, to be equally divided and ability of the United States, but it would under the original World War Adjusted Com controlled by the chairman and ranking take into account the income of the pensation Act because he had concealed his minority member of the Committee on For United States as compared, I believe, to minor age when he had enlisted for milltary eign A1fairs, the joint resolution shall be other countries. My able colleague, the service; and read for amendment under the five minute gentleman from Florida CMr. FASCELL) CXVI----lli127-Part 13 17882 CONGRESSIONAL RECORD -HOUSE June 2, 1970 will go more into detail into this matter Mr. PEPPER. Mr. Speaker, may I just The resolution was agreed to. when the bill comes up for consideration say to the able gentleman from Iowa A motion to reconsider was laid on the if the ru1e is adopted. that if he cou1d induce his administra table. Mr. GROSS. I just wondered what is tion to roll the interest rate back to where the ability of the United States to pay. it was when that administration took CALL OF THE HOUSE I understand we have a bill coming up office in January of last year, we wou1d this week to further increase the Federal save from $9 to $10 billion a year in the Mr. HALL. Mr. Speaker, I make the debt ceiling by $15 billion. I am just won current national debt. I wou1d ask the point of order that a quorum is not dering if the gentleman can give us some gentleman from Texas if that is not present. indication about ability to pay, as he correct? The SPEAKER. Evidently a quorum is calls it. I question our ability to pay. Mr. PATMAN. I wou1d not know about not present. Mr. PEPPER. Mr. Speaker, I would the exact amount, but we wou1d save a Mr. ALBF.RT. Mr. Speaker, I move a say that a country that has a gross na considerable sum. call of the House. tional product of about a trillion dollars Mr. PEPPER. Yes. A call of the House was urdered. a year is pretty well able to pay this kind Mr. GROSS. Mr. Speaker, will the gen The Clerk called the roll, and the of money. A few hundred thousand tleman yield? following Members failed to answer to dollars. Mr. PEPPER. I yield to the gentle their names: Mr. GROSS. Since the gentleman has man. [Roll No. 148] gotten into the subject of the phoney Mr. GROSS. If from 1961 to 1969 we Addabbo Fallon O'Hara had not rolled up so much debt in this Anderson, Farbsteln Olsen gross national product, does the gentle Calif. Feighan O'Neal, Ga. man know what the public and private country under the gentleman from Flor Andrews, Ala. Fisher Ottinger debt of the country is at this time? ida's Democrat administrations, we Ashbrook Flowers Patten Mr. PEPPER. I do not know the exact wou1d not be confronted with the inter Aspinall Ford, Pelly Baring Wllllam D. Pettis figures. I imagine it is considerable, but est rates we now have. Bell,Calif. Fuqua Pickle it is very much less than our ability to Mr. PEPPER. Thank you very much. Berry Gallagher Podell pay in terms of the value of all the assets I believe that if it were not for the in Bevill Garmatz Powell Blatnik Gaydos · Price, Tex. of this country, and its people, and the heritance of the great depression under Brasco Gilbert Rees gross national product of this country. the gentleman's party, conditions wou1d Bray Goldwater Reid, N.Y. And, incidentally, the relationship of have been very much less exacting under Brock Gray Reifel Broomfield Gubser Riegle the national debt to our gross national the subsequent democratic administra Brown, Calif. Hanna Rogers, Colo. product from the 1950's through the tions. Byrne, Pa. Hansen, Idaho Rooney, N.Y. ~1960's on percent has been reduced to 29 Mr. SMITH of California. Mr. Speaker Cabell Hansen, Wash. RoudebUSh Camp Hawkins Roybal percent at the present time as compared I yield myself such time as I may use: Carey Helstoski Sandman to 69 percent in the early fifties. Mr. Speaker, this resolution, House Casey Holifield Scherle Mr. PATMAN. Mr. Speaker, will the Resolution 969, provides for an open rule Celler Hosmer Scheuer Chisholm Howard Schwengel gentleman yield? with 1 hour of general debate for the con Clark Jones, Ala. Smith, Iowa Mr. PEPPER. I yield to the gentleman sideration of the joint resolution, House Clausen, Keith Stuckey from Texas. Journal Resolution 746, the Pan Ameri Don H. Kirwan Thompson, N.J. Ciawson, Del Leggett Tiernan Mr. PATMAN. Mr. Speaker, we have can Institute of Geography and History. Clay Long, La. Tunney had an occasion to look into the ques Mr. Speaker, the legislation and the Cohelan Lujan Udall tion of the total debt recently, and the rule have been adequately explained hy Conyers Lukens VanDeerlin Corman McCarthy Waldie best estimate that we can get is that it the gentleman from Florida (Mr. Cunningham McCloskey Watson was about $1,650,000,000,000 as of Janu PEPPER). Daddario McCulloch · Whitten ary 1, 1970. We also looked into it on The purpose of the resolution is to Daniels, N.J. McEwen Wiggins increase the ceiling on U.S. contributions Dawson McMillan Wilson, Bob June 9, 1969, was when one of the large de la. Garza Mann Wilson, banks, Bankers Trust Co. of New York to the Pan American Institute and also Delaney Mikva. Charles H. announced that hereafter the prime rate to provide payment of U.S. arrears over Dent Mlller, Calif. Wolff the past fews years. Dom Mizell Wydler wou1d be, not 7.5 percent, but 8.5 per Dowdy Mo~n Young cent. The debt at that time was about The Institute was created in 1928. It Eshleman Nichols Zablocki $1.5 trillion; so that that 1 percent draws together the e:fforts of over 400 EVins, Tenn. Nix increase meant that the increased inter geographers, cartographers, and his The SPEAKER: On this rollcall 309 est on the total debt was $15 billion per torians in the Western Hemisphere. It Members have answered to their names, year. A $15 billion increase because of does no:; duplicate the work of any other a quorum. the prime rate increase. That is the rea body. By unanimous consent, further pro son we looked into the function of the At its 1965 meeting, the Institute de ceedings under the call were dispensed total debt at that time. termined that the budget needed to be in with. Mr. GROSS. Mr. Speaker, will the gen creased in order to continue its opera tleman from Florida yield to me? tions. The r~udget figure was set at $250,- 000 per year~ with the U.S. share set at PAN AMERICAN INSTITUTE OF Mr. PEPPER. I yield to the gentle GEOGRAPHY AND HISTORY man from Iowa. 66 percent based on a formu1a of net Mr. GROSS. I would say to the gen national income. The 89th Congress in Mr. FASCELL. Mr. Speaker, I move tleman from Texas that the public and creased the celing on U.S. conrtibutions that the House resolve itself into the private debt of this country as of Janu from $50,000 to $90,000. However, our Committee of the Whole House on the ary 1, this year, according to the Presi budget share per year is actually $151,- State of the Union for the consideration dent's economic report to the Nation, 350. As of the end of 1969 the United of the joint resolution The SPEAKER. The question is on the diction of the Attorney General and the cility, was voided in U.S. v. Robel, 389 passage of the joint resolution. Board under the act. U.S. 258 0967), as "an unconstitutional The joint resolution was passed. On June 4, 1969, in the case of Stewart abridgment of the right of association A motion to reconsider was laid on the v. Washington (301 F. Supp. 601 ) , a protected by the first amendment." table. three-judge Federal District Court for This decision has also had the effect the District of Columbia invalidated of casting serious doubts on the validity INQUffiY INTO THE ADMINISTRA those provisions of the Federal loyalty of other provisions of section 5, includ TION OF THE SUBVERSIVE ACTIVI oath statute--5 United States Code, sec ing those related to the Federal em TIES CONTROL ACT AND FEDERAL tions 3333 and 7311-which required that ployee security program, which prohibit EMPLOYMENT SECURITY PRO an individual be denied office or employ a member of a Communist-action orga GRAM ment in the Government of the United nization from seeking or holding non States or the District of Columbia unless elective office or employment under the second, is not "a member of an organiza a passport, was voided in Aptheker v. Mr. !CHORD. Mr. Speaker, I wish to tion that he knows advocates the over Secretary of State, 378 U.S. 500 0964), advise the House that the Committee on throw of our constitutional form of gov on the ground of overbreadth. It was Internal Security which I chair has un ernment." The court so held on the said that the section unduly restricted dertaken a broad inquiry into the oper ground that clause (1) was not limited the right to travel and thereby abridged ation and administration of the Subver to "violent overthrow," and clause (2) the liberty guaranteed by the fifth sive Activities Control Act of 1950, and applies to "passive and inert" members amendment. the operation and administration of laws and even to members who may not share In other respects as well, the constitu and procedures relating to Federal em the views of the group on this advocacy. tionality and procedures of the act have ployment security. These will be over No appeal was taken from this decision. been extensively litigated over the years sight hearings. We propose to inquire These decisions obviously raise some by organizations and individuals brought particularly into the present status of serious questions. What is the conse within its purview. Much of this history the Subversive Activities Control Board quence of the impairment of the opera is considered in House Report No. 733 and Federal employee "loyalty oaths" tion of these statutes in relation to the of the 90th Congress which formed the program. congressional program to protect this basis for the January 2, 1968, amend Faced with a host of problems, includ Nation and its Government against in ments-Public Law 90-237-to the act ing those created by adverse court deci ternal subversion? Is the legislation vital which was the latest occasion on which sions, it is apparent that the operation and essential? Are the assumptions un the Congress endeavored to relieve the of the Subversive Activities Control derlying these statutes still valid? What act of major deficiencies which had ap Board has been brought virtually to a should we do about it? What can we do? peared in its administration. It was evi halt. The question arises as to the ad In enacting the Subversive Activities dently the hope of the Congress that visability of the further maintenance and Control Act, the Congress proceeded on with those amendments the Attorney funding of a board which has little or no the basic and, I believe, valid premise General and the Board could proceed work to do. The Federal employee secu that an informed public is essential to with their mandated business. However, rity program has likewise experienced a the "effective, free functioning of this expectation has not been fulfilled. number of difficulties, including constitu our national institutions"-Mr. Justice In the period following the enactment tional and procedural problems, which Frankfurter, Communist Party v. SACB, of Public Law 90-237 on January 2, 1968, have impaired its operation in certain 367 U.S. 1, at 97. Specifically, the act and the Boorda decision of December 12, aspects. Even upon cursory examination was adopted to counter Communist tech 1969-a period of approximately 2 it must appear that the time has come niques of deceit and concealment. It years-only 22 petitions were filed by the for the Congress to take another look at sought to do so by establishing a system Attorney General for determinations of the operation of these programs and to of public disclosure and identification of individual membership in the Commu determine whether the underlying stat Communist organizations, characterized nist Party. Of these, seven were filed in utes have continuing vitality and valid as "action," "front," and "infiltrated,'' 1968 by Attorney General Clark, and 15 ity, or whether there is a need to amend and of membership in Communist-action in 1969 by Attorney General Mitchell. or repeal pertinent laws, or to take other organizations. By the terms of the act, Boorda has now foreclosed any further remedial measures. the Subversive Activities Control Board exercise of jurisdiction on this subject. Recent court decisions have brought is established as a quasi-judicial agency Nevertheless, for the period of 20 years these matters to a head. On December 12, for the purpose of making determina during which the act has been in effect, 1969, in the case of Boorda and others tions, on petition of the Attorney Gen a total O'f only 66 petitions have been against Subversive Activities Control eral, of the character of Communist or filed for determinations of individual Board, the U.S. Court of Appeals for the ganizations-whether action, front, or membership in the Communist Party, a District of Columbia Circuit invalidated infiltrated-and for determining the party whose membership numbers in the important provisions of the Subversive membership of individuals in Commu several thousands, presently estimated Activities Control Act. nist-action organizations. The hearings at 15,000. This court held that the provisions and determinations of the Board are Nor has the act proved effective with of the act authorizing determina incorporated in records maintained by it respect to the disclosure of those Com tions with respect to membership of in which are open to public inspection. munist organizations--action, front, and dividuals in Communist-action organiza In addition to the bare disclosure pur infiltrated-which were within its scope. tions was unconstitutional on the basis poses of the act, determinations with In the years of the existence of the act that the disclosure of Communist Party respect to organizations and individuals only one organization, the Communist membership is "constitutionally pro have certain collateral consequences set Party of the United States, has been de tected" by the first amendment, "except forth more fully in other sections of the termined to be a Communist-action orga for those who join with the 'specific in act, including sections 4, certain prohib nization. Moreover, in reaching this tent' to further illegal action." An ap ited acts; 5, employment in Government, single, although important, determina plication for certiorari to the Supreme defense facilities, and labor organiza tion the Attorney General was involved Court to review this decision was denied tions; 6, denial of passports; 10, use of in 10 years of litigation. Communist on April 20, 1970. Since the major busi mails and other instrumentalities in Party v. Subversive Activities Control ness before the Board within recent years commerce; and 11, denial of tax deduc Board, 361 U.S. 1 <1961). Likewise dur has been precisely the determination of tions and exemptions. Some of these pro ing this period, of the hundreds of Com membership of individuals in the Com visions have likewise been voided by munist-front and infiltrated organiza munist Party, an organization previously decisions of the courts. Section 5(a) (1) tions which we have reason to believe determined to be a "Communist-action" (D), making it unlawful for members of were in existence, only 26 petitions for organization, the effect of the decision Communist-action organizations to en their determination were brought before has been seriously to undercut the juris- gage in employment in any defense fa- the Board. Following the 1961 determi- June 2, 1970 CONGRESSIONAL RECORD -HOUSE 17887 nation of the Supreme Court, that the Government of the United States? Sure limited number of the thousands of ap Communist Party was a Communist ly, we are not all in agreement as to plicants for Government employment, action organization, only three petitions precisely what that term means. More the Commission found that the agencies have been filed by the Attorney General over, as we examine recent decisions of had relied almost exclusively on the ve for determinations of Communist-front the court on this subject, as well as the racity attributed to the oath of office and and infiltrated organizations, and no administration of employment policies affidavit executed by the new appointees, single petition on this subject has been and practices, it is evident that the for and signature to these two instruments filed since the 1968 amendments. mer concept of loyalty has been limited was taken as prima facie evidence of The fact that the disclosure purposes and refined, if not abandoned. loyalty. of the act have not been effectively ful The civilian employee loyalty-secu Following the Temporary Commis filled seems apparent on the face of the rity program is generally considered to sion's study, President Truman on March record. We are thus bound to inquire have begun with the Hatch Act, enacted 21, 1947, promulgated Executive Order whether the amounts being expended in August 2, 1939, which made it unlawful 9835 whic!l substantially embodied the the administration of the act can con for a Federal employee to have member Commission's recommendations. It re tinue to be justified in the light of its ship in an organization advocating over quired "a loyalty investigation" of every limited product. What are the reasons for throw of our constitutional form of Gov person entering civilian employment in such obvious failures in accomplishing ernment and penalized such misconduct the executive branch. The investigation the disclosure objectives of the act? Can by removal from service. This act was of those entering the competitive service these failures be remedied? Are the un subsequently revised and ultimately re was to be conducted by the Civil Service derlying assumptions of the act still enacted in the act of 1968, 5 U.S.C. sec Commission and of other persons by the valid? Should we adopt a new approach tions 3333 and 7311, the provisions of employing agency. The order placed re to the problem? We expect to find at which were invalidated in the Stewart sponsibility for a program of dismissal least some of the answers to these ques case as hereinbefore noted. Prior to 1939, of disloyal employees upon the head of tions in the course of the committee's Civil Service investigations were limited each agency, and for this purpose pro investigation. to questions of character and general vided for the creation of a Loyalty Board As indicated, there is also the related suitability. Although during World War in each agency to make recommenda problem of deficiencies in the execution I, pursuant to Executive order, the heads tions with respect to the removal of any of the Federal employee security pro of departments and agencies were au officer or employee on grounds relating gram, particularly that aspect of the thorized to remove any employee believed to loyalty. A Loyalty Review Board was program which is directed toward pre to be "inimical to the public welfare by established in the Civil Service Commis serving and maintaining the integrity reason of his conduct, sympathies, or ut sion with authority to review cases in and efficiency of the Government itself terances, or because of other reasons volving persons recommended for dis against the damaging infiltration of sub growing out of the war," questions of missal by the Loyalty Boards of the versive elements. The Federal employee "political" beliefs and activities were gen agencies, and to make advisory recom loyalty oath statute, to which I have ad erally considered outside the legal com mendations thereon to the head of the verted, had undoubtedly formed an in petence of the Civil Service Commission. employing agency. tegral part of the congressional program. Following the end of World War I, the The standard for refusal of employ The invalidation of important provisions loyalty issue became dormant until the ment, or the removal from employment, of this statute in the Stewart case has 1930's when the dangers posed by the on grounds relating to loyalty was that stimulated a great deal of public interest Fascist and Communist movements be "on all of the evidence, reasonable and concern. This has been reflected in came apparent. Thus, in 1939 the Hatch grounds exist for belief that the person the large and growing correspondence Act was passed. In February 1940, for involved is disloyal to the Government on this subject received by Members of the first time, an application for Gov of the United States." In view of the fact Congress. ernment employment embodied the lan that this standard required proof of ac It was 15 years ago when the Con guage of the Hatch Act. tual disloyalty, the President, in 1951, gress initiated its last comprehensive During World War II, President Roose amended it to a standard of "reasonable study of this subject. Then, in 1955, the velt by Executive order instituted War doubt as to the loyalty of the person in 84th Congress by Public Law 786 estab Services regulation II which disqualified volved." It should be noted, however, lished the Commission on Government for civil service examination or appoint that the terms "loyalty" and "disloy Security, also known as the Wright Com ment any person whose loyalty to the alty" are nowhere specifically and di mission. This Commission was estab U.S. Government was in reasonable rectly defined in the provisions of the lished to fill what was then felt as an doubt. Under this regulation, preappoint order. The content of these terms must urgent need for an objective, nonpoliti ment investigations of applicants for be inferred from the context in which cal and independent study of the in the classified civil service employment they appear. Activities set forth in the numerable laws, executive orders, regu were made, and the Civil Service Com order which may be considered in con lations, programs, practices and proce mission refused employment to people nection with the determination of dis dures for the protection of the national actively associated with Nazi, Fascist, loyalty are related principally to sabo security. It made its report to the Con and Japanese groups, or who were mem tage, espionage, treason, sedition, "advo gress in 1957. A great deal of water has bers of the Communist Party. Applica cacy of revolution or force or violence to flowed under the bridge since that time. tions for employment contained an in alter the constitutional form of Govern It may be that much of what was then quiry specifically mentioning Commu ment of the United States," and mem said continues to be valid. However, a nist and Fascist organizations. bership in, affi.liation, or sympathetic as host of subsequent and novel decisions In light of the fact that the standards sociation with, any foreign or domestic revising the boundaries of appropriate and procedures of the Government were organization "designated by the Attorney congressional action and further prac not uniform in the conduct of the loyalty General as totalitarian, Fascist, Com tical experience have raised more ques 'program, President Truman, in 1946, ap munist, or subversive," or as having tions than were then thought to be an pointed a Temporary Commission on adopted a policy of advocating or approv swered. Loyalty to make a study of the problem. ing the commission of acts of force or As was then said, the concept that the The Temporary Commission reported a violence to deny other persons their Government should employ no disloyal wide disparity in standards for judgment rights under the Constitution of the citizen was thought to be universally ac of employee loyalty in both preemploy United States, or as seeking to alter the cepted, although then-as now-the ment and removal procedures, and as to form of Government of the United States methods and standards used by the Gov the character and scope of desirable ad by unconstitutional means. ernment to rid itself of these persons ministrative or legislative remedies. To assist the Loyalty Review Board in had raised some of the most controver Moreover, several agencies in their re the performance of its function, a duty sial issues of the times. Since that state plies had indeed stated that they had no was imposed upon the Department of ment was made, I am impelled to add established procedure designed to sub Justice to furnish the Board with infor that even that basic concept may now be stantiate allegations of disloyalty. In mation-and the Board, in turn, was re questioned. Are we still agreed that dis view of the fact that the Civil Service quired to disseminate such information loyalty should bar employment in the Commission could investigate only a to the agencies-with respect to the name 17888 CONGRESSIONAL RECORD- HOUSE June 2, 1970 of each foreign or domestic organization cept of the democratic process. This does dent Truman in 1947. In utilizing the which the Attorney General, after ap not necessarily mean that the Congress concept of "national security," it appears propriate investigation and determina can constitutionally require an affidavit that the Congress was influenced by tion, designates as above. For the period of loyalty to a particular administration testimony received by it which empha following the promulgation of the order and its policies, but it is a question of sized that security risks are not neces until its revocation on April 27, 1953, ap tenure and congressional policy in the sarily disloyal and that the procedures of proximately 192 organizations were, maintenance of a civil service program. Executive Order 9835 were often ineffec without hearings, thus designated by the It is no wonder that some considerable tive in removing employees who were a Attorney General. confusion existed in this period and even potential danger to the national security, It is evident that in this period the now. Indeed, following the promulgation but who could not necessarily be proved governmental interest focused princi of Executive Order 9835, a number of disloyal. This included such persons as pally on the question of employee "loy unhappy reports were brought to the at alcoholics, those with unsatisfactory as alty," a subject embraced within-but tention of President Truman with re sociations and subject to blackmail, a.nd not coextensive with-the broader con spect to the lack of uniform standards others who were simply overly loqua cept of ''security" and, as we can see, and procedures followed by the different cious. On the other hand, it was agreed often not clearly distinguished from the departments and agencies in the admin that those who are disloyal are of neces latter, or from the related concept of istration of the order. AI3 a consequence, sity security risks. "suitability." Nor was the area to be em the President asked that the interde This public law formed, at least in part, braced within the concept of "loyalty" partmental Committee on Internal Se a statutory basis for Executive Order clearly defined. In contrast, the framers curity of the National Security Council, 10450 which, as noted above, was promul of the Constitution, by article VI, re with the participation of the Civil Serv gated by President Eisenhower on April quired that "all executive and judicial ice Commission, investigate the way in 27, 1953, and by which he sought to com officers, both of the United States and of which the program was being adminis bine loyalty and security programs in the several States, shall be bound by oath tered, and to advise him what changes accordance with a recommendation made or affirmation to support this Constitu were believed to be required. The com by the Truman committee prior to its tion." This, of course, is a type of "loy mittee recommended a consolidation of disbandment in 1953. Indeed, President alty oath," but one which is limited to the loyalty, security, and suitability pro Eisenhower adopted much of the lan a:flirmation of loyalty to "the Consti grams, and in 1952 the President di guage of the committee's recommended tution" and, by reason of article V, which rected the Chairman of the Civil Service order as to subjects for investigation permits amendments to the Constitution, Commission to take necessary steps to and factors to be considered in deter thereby necessarily and consistently with provide him with a plan for combining mining eligibility for employment and its terms renders permissible advocacy by them. Pursuant to this request, the retention in employment. However, he lawful means of its abolition as well, Chairman established a committee to did not adopt the precise language of the which is something less than an affirma study the matter, but it was disbanded in standard recommended by it; namely, tion of loyalty "to the country" or to the February 1953, its work unfinished be that denial or removal from employment Executive. cause of the change in administration. It should rest on grounds of fitness or suit This is a matter, I believe, of some sig did, however, draft a proposed Executive ability to promote the efficiency of the nificance to the issues before us. Testi order which to some extent formed the service. Instead, he employed a stand mony before President Truman's Tem basis of Executive Order 10450 promul ard of ''clearly consistent with the inter porary Commission on Loyalty indicated gated by President Eisenhower on April ests of the national security." However, general agreement that investigations in 27, 1953, by which he revoked Executive although both Public Law 733 and Execu tended to exclude advocates of "violent Order 9835 and established the program tive Order 10450 departed from the lim revolution" from employment by a gov presently in effect. ited concept of "loyalty," neither defined ernment they would overthrow are essen Meanwhile, along with expressions of the precise sense in which the term "na tial, but nevertheless, there were cau executive concern, the Congress likewise tional security" was employed. Neverthe tioning voices heard which pointed out applied itself to the question of employ less, it was not long before the concept, as that such investigations must be con ment security. The 81st Congress, on applied in the act, was given content by ducted "with extreme care and wisdom" August 26, 1950, enacted Public Law 733 the courts in a case which arose on the less they should bar employment to those (5 U.S.C. 7532, as revised) . At the time dismissal of a preference eligible who who "conscientiously" advocate consti of its enactment, this statute gave to the held a position in the Department of tutional and peaceful changes in forms heads of certain specified agencies di Health, Education, and Welfare, to which and methods of government. Surely, how rectly concerned with the national de the act had been extended by the Presi ever, the Government may be "over fense summary suspension and unre dent in the provisions of Executive Order thrown" by other than violent or force viewable dismissal powers over their ci 10450. That was Cole v. Young, 351 U.S. ful means-as, for example, by deceit, vilian employees when deemed necessary 536 (1956). treachery, or even indifference-and per "in the interest of national security,'' Cole was dismissed in proceedings pur haps just as effectively. Moreover, such · and further provided that its provisions suant to the act on the grounds of al means may in certain instances be con shall apply to such other departments leged close associations with Commu trary to law, although not violent or and agencies as the President may, from nists. In holding his dismissal improper, forceful, and other means may be adopted time to time, deem necessary "in the hest the court concluded that while the term which the law may declare unlawful but interests of national security." General "national security" is not defined in the which have not been expressly pro personnel laws, the Lloyd-LaFollette Act act, they thought it clear from the scribed. (37 Stat. 55, as amended), and the Veter statute as a whole that the term was But this is not an end to the problem. ans' Preference Act (58 Stat. 390, as intended to comprehend only those ac The question of the propriety of barring amended) , which provided that prefer tivities of the Government that are di government employment on the basis of ence eligibles may be discharged only rectly concerned with the protection of "peaceful" advocacy in relation to the "for such cause as will promote the ef the Nation from internal subversion or loyalty concept must also be distin ficiency of the service," and among other foreign aggression, and not those which guished from, and is perhaps offset by, procedural rights granted the right of contribute to the strength of the Na the concept that a reasonable freedom appeal to the Civil Service Commission, tion only through their impact on the naturally belongs to the Executive and were thus directly affected by Public general welfare. heads of departments and agencies to Law 733. Hence, it was required that a determi select employees sympathetic to, and Moreover, it is to be observed that in nation should have been made that Cole's zealous for, the ideals and plans of the this case the Congress abandoned the position was affected with the national existing administration. This is not a use of the expression "loyalty" and ap security as that term was used in the question of loyalty or attachment to the plied in lieu thereof the concept of "na act. The court was of the view that had "Constitution" or "country," but of ad tional security." To thi.& extent it C.e the Congress considered the objective of ministrative efficiency and of freedom of parted from the narrower loyalty con insuring the unswerving loyalty of ail political expression by the party in power cept which formed the basis of Execu employees, regardless of position, as a which is wholly consistent with our con- tive Order 9835 promulgated by Presi- matter of "national security" to be ef- June 2, 1970 CONGRESSIONAL RECORD-HOUSE 17889 fectuated by the summary procedur€s it is evident that these relationships must the establishment of satisfactory ar authorized by the act, rather than simply be clarified. rangements for the release of American a desirable personnel policy to be imple Moreover, the ultimate failures of the prisoners of war, establish a deadline of mented under the normal civil service Attorney General under both procedures April30, 1971, for the removal from Viet procedures, it surely would not have lim undoubtedly rest on similar causes. The nam of all combat troops, and October ited the act to selected agencies. Noting program under Executive Order 9835, 31, 1971, for the removal of all support that dismissals under the Lloyd-LaFol after an apparently successful beginning, and advisory personnel unless both lette and Veterans' Preference Act for subsequently deteriorated following a de Houses of Congress by joint resolution ''such cause as will promote the emciency cision of the Supreme Court in Joint grant a Presidential request for a specific of the service" permitted dismissals on Anti-Fascist Refugee Committee v. Mc extension of time. grounds of reasonable doubt as to loy Grath, 341 U.S. 123 <1951), which en It would limit the expenditure of funds alty, the court held that the act of 1950 joined the Attorney General from desig in South Vietnam to only that amount must be limited in its application to nating relevant organizations without required for: employees who are in "sensitive" posi hearings. On the other hand, at its in First, financing such release and re tions. ception, the program under the Subver turn of American prisoners of war; This decision, of course, had the effect sive Activities Control Act of 1950 re Second, the provision of assistance to of defining the term "national security" quired full trial-type proceedings in the South Vietnam in amounts and for pur as used in the act, but not as used in determination of Communist organiza poses specifically authorized by the Con the order. It is evident, however, that in tions, and little progress was made in its gress;and the context of Executive Order 10450 the execution. It has been indicated that the Third, carrying out the saf'e and or term is clearly meant to embrace the problem of exposing FBI informants to derly withdrawal of American military concept of loyalty within the compre be used as witnesses has been a princi personnel from South Vietnam by the hensive concept of security, and to form pal, but not sole, obstacle to the effective specified dates. the basis for employment and retention administration of pertinent provisions of The resolution also provides for an in employment of all civilian omcers and the executive orders and of the act. end to American involvement in Cam employees in all agencies. While requir In short, we are faced with the fact bodia and Laos by June 30 of this year, ing the designation of "sensitive posi that two related programs having differ unless an extension is specifically ap tions," the order does so only as a basis ing objectives-the one serving a dis proved by the Congress. It is an attempt for determining the scope of investiga closure purpose ancillary to the admin to end the impasse between supporters tion of persons seeking Government em istration of an employment security pro of the administration and sponsors of ployment. The effect of the construction gram, and the other a disclosure pur House Resolution 1000, the House resolu given to Public Law 733 in Cole against pose serving broader aspects of the na tion similar to the McGovern-Hatfield Young is thus only to limit the proce tional interest-have been brought vir amendment which would impose a June dures for dismissal but not the right to tually to a halt. We thus have not only 30, 1971, withdrawal deadline for all U.S. dismiss on loyalty grounds from all posi the question of the necessity for the re military personnel from South Vietnam. tions in Government irrespective of their vival and maintenance of these pro We believe it is important to restore alleged sensitivity. grams, but whether, in light of the weak public confidence in the Congress as an The order likewise continued the duties nesses in the program, either or both institution capable of asserting its appro of the Attorney General to supply the should be maintained at all. priate responsibilities in the conduct of heads of departments and agencies with With this introduction, I shall not international affairs. But we believe it is information necessary to the mainte further prolong my remarks I have en possible to do so without irrevocably ty nance of the loyalty-security program. deavored only to give the Members some ing the hands of the President in the Under this provision of the order, the statement of the nature of the present process. Attorney General continued to furnish inquiry and the issues to which we shall This resolution is an attempt to strike information concerning "totalitarian, necessarily direct our attention. It is a compromise in two broad areas of Fascist, Communist, or subversive" or apparent that there are many practical disagreement: ganizations. The list of organizations problems which will be difficult to re First. The administration prefers the previously designated under Executive solve. Moreover, in the balancing of the establishment of no congressionally im Order 9835 were redesignated and con ostensible requirements of national se posed deadline for American military solidated with other organizations pur curity with individual liberties, particu withdrawal from Vietnam and Cambodia. suant to Executive Order 10450. How larly in the context of the ideals and The authors of House Resolution 1000 ever, the last designation was made on basic premises of a libertarian society, we propose a withdrawal deadline of June October 20, 1955. Since that date no or shall be faced with issues of profound 30, 1971, from Vietnam and June 30, 1970, ganizations have been designated pur constitutional and philosophical import. from Cambodia. suant to the order and this aspect of the We shall need, and we shall seek, the as This resolution proposes a withdrawal program appears to have been aban sistance of our best minds and most in deadline from Vietnam of April 30, 1971, doned. formed experts in fulfilling the urgent for combat troops and October 31, 1971, In the designation of organizations task before us. I hope that the Members for support and advisory personnel, and under executive order and the deter interested in the difficult problems in an end to American involvement in Cam mination of Communist organizations this field will give us the benefit of their bodia and Laos by June 30, 1970. under the Subversive Activities Control views. Second. The administration opposes Act of 1950, the Attorney General was having its hands tied by the congressional obviously involved in some overlapping COMPROMISE VIE'INAM-CAMBODIA imposition of any definite deadline for of functions. It is also apparent that in RESOLUTION AIMED AT RE American withdrawal. recent years some reliance was placed ESTABLISHING CONGRESSIONAL The sponsors of House Resolution 1000 on the determinations of the Subver RESPONSffiiLITY feel the imposition of a definite deadline sive Activities Control Board for the is necessary to reestablish congressional listing of subversive organizations, not (Mr. OBEY asked and was given per authority over war policy. only in relation to the Federal employee mission to address the House for 1 min This resolution establishes congres .security program, but likewise in rela ute, to revise and extend his remarks sionally imposed deadlines but spells out tion to other security programs, includ and include extraneous matter.) the willingness of the Congress to con ing the port security program, hitherto Mr. OBEY. Mr. Speaker, today the sider establishing new deadlines if the maintained under the Magnuson Act of gentleman from Missouri icemen held prisoner by Hanoi. In your role ment for American prisoners of war in North be reaping the desired results. Keep up the as a non-partisan organization, committed Vietnam. I am personally urging the citizens good work. oo the service of all in need, we sincerely of Alabama to join in the Red Cross "Write Governor of Mississippi, John Bell Wil hope that Red Cross will succeed in arousing Hanoi" Campaign to show North Vietnam liams: I wish to express my appreciation for the world's conscience and stirring it into that Americans are united in their efforts to and support of your efforts in attempting to action so that sensitive, justice seeking peo insure that their sons and husbands in secure humane treatment for American pris ple of every race will infiuence the North North Vietnam prisons will be treated like oners of war being held captive in North Vietnamese to abide by the Geneva Con human beings and their famil1es here at Vietnam. I have personally appealed to the ventions. home will be able to hear from them. people of Mississippi to participate in a let Governor of New York, Nelson A. Rocke Governor of Arkansas, Winthrop Rocke ter writing campaign to convince North Viet feller: The American National Red Cross drive feller: Please be assured of my deepest ap nam that the American people stand united to urge Americans to write to Hanoi to secure preciation of your actions to secure humane in their determination that their husbands humane treatment of prisoners of war as treatment for American prisoners of war in and sons be treated as human beings while guaranteed by the 1949 Geneva Convention North Vietnam. I am personally urging the held as prisoners in North Vietnam and has my wholehearted support. I am pleased citizens of Arkansas to join in the Red Cross that these Americans be accorded the privi to join in endorsing this all-out effort to "Write Hanoi" Campaign to show North lege to communicate with their loved ones. assure that war prisoners in North Vietnam Vietnam that Americans are united in their Governor of South Carolina, Robert E. Mc receive all rights and privileges to which they efforts to insure that their sons and hus· Nair: I am pleased to indicate by this cor are entitled. The commendable work you and bands in North Vietnam prisons will be respondence that I am personally urging all your associates are doing in behalf of prison treated like human beings and that their South Carolina residents to join in the proj ers of war and their families merits the widest families here at home will be able to hear ect of the American Red Cross, "Write appreciation. from them. Hanoi". ·!Ve feel it is necessary for the Gov Governor of Ohio, James A. Rhodes: As Governor of Florida, Claude R. Kirk, Jr.: ernment of North Vietnam to know that all Governor of Ohio, I endorse the "Write Floridians appreciate your efforts to secure Americans are at war and that we stand firm Hanoi" Campaign being sponsored by the humane treatment for American prisoners of in our insistence that they be allowed to American Red Cross. war in North Vietnam. I am urging the peo communicate with their families at home. Govemor of Pennsylvania, Raymond P. ple of Florida to join in the Red Cross Governor of Tennessee, Buford Ellington: Shafer: Strongly endorse efforts of American "Write Hanoi" Campaign to demonstrate to Please be assured that we in Tennessee are Red Cross in attempting to encourage ex North Vietnam that we are united in our deeply appreciative of the Red Cross actions pressions to Hanoi urging their compliance efforts to insure that our fighting men in to secure humane treatment for American with Geneva Conventions with respect to North Vietnam prisons will be treated like prisoners of war in North Vietnam. I am persons held as prisoners of war. I am urging human beings and that their fam111es here personally urging the citizens of Tennessee to local citizens and groups in the Common at home will be able to hear from them. continue their support in the Red Cross wealth of Pennsylvania to join in this effort Governor of Georgia, Lester Maddox: This "Write Hanoi" Campaign to show North being promoted by the 94 local Red Cross is to assure you that I sincerely endorse the Vietnam that Americans are united in their Chapters in Pennsylvania and implore your actions taken by the American Red Cross in efforts to insure that their sons and husbands continued efforts. support of Humane treatment of American in North Vietnam prisons will be treated Governor of Rhode Island, Frank Licht: I prisoners of war in North Vietnam. As Gov like human beings and that their families heartily support the efforts of the ARC in its ernor of the State of Georgia, I am person here at home wlll be able to communicate activities in behalf of American prisoners of ally urging all citizens of this State, irre with them. war. As a result of ARC initiative, coordinat ed spective of individual feelings regarding the MIDWESTERN AREA confiict in Southeast Asia, to join together attempts to increase communication to and Proclamation by Governor Richard Ogilvie from prisoners, and to encourage adherence unanimously in the "Write Hanoi" Campaign. This effort is to let North Vietnam know that of Illinois: by the Hanoi Government to the terms of More than 1700 United States servicemen the Geneva Convention have been effective. Americans are united in their pleas to treat their sons and husbands in North Vietnam are missing in action or detained as prisoners It is my hope that during these difficult of war as a result of the armed con:flict in days, the ARC will continue its actions, will like human beings and to live up to the Geneva Conventions signed by that Govern Southeast Asia. re.ceive the support of all the people, and Each of the governments with armed forces Will be successful in achieving positive ment. Governor of North Carolina, Bob SCott: I involved in the con:flict are signatories to the results. Geneva Convention Relative to the Treat Governor of Vermont, Deane C. Davis: I express my appreciation to American Red Cross for its actions to secure humane treat ment of Prisoners of War of August 12, 1949. wish to voice my strong endorsement of the Nevertheless, the government of the Demo continuing efforts of the American Red Cross ment for American prisoners of war in North Vietnam. I urged citizens of North carolina cratic Republic of Vietnam has refused to in opening the channels of communications observe the terms of the Convention and regarding the treatment of the POW's held to join the Red Cross "Write Hanoi" Cam paign to show North Vietnam Americans are abrogated its obligation under the agree by North Vietnam. I share with you the hu ment. mane concern for the welfare of the men united in their effort seeking treatment for their sons and husbands that is consistent The American Red Cross, which has been and urge intensified efforts to prevail upon striving to ensure that the government of North Vietnam to honor its signature to the with the Geneva Conventions and seeking contact with them. North Vietnam affords prisoners of war the Geneva Conventions. protection and benefits to which they are Governor of Virginia, Linwood Holton: As Governor of Kentucky, Louis B. Nunn: Please be assured of my deepest sympathy en·;;itled under international law and the Governor of the Commonwealth of Virginia, dictates of human decency, is meeting in I wish to express my support of the efforts of your actions to secure humane treatment for American prison ers of war in North Viet Chicago May 18-20. being marie by the American National Red Therefore, I, Richard B. Ogilvie, Governor Cross to effect compliance of the Geneva nam. I am personally urging the citizens of Kentucky to join in t he Red Cross "Write of the State of Illinois, proclaim May 20, 1970, Conventions, in the treatment of prisoners as a Day of Dedication for the relief of Amer of war in North Vietnam. Regardless of po Hanoi" Campaign to show North Vietnam that Americans are united in their efforts to ican prisoners of war and their families, and li.Itical views, all Virginians are united in con urge all Illinoisans to join in the humani cern for humane treatment of American cap insure that their sons and husbands in North Vietnam prisons will be treated like human tarian efforts to guarant ee our imprisoned tives in Southeast Asia.. Our wholehearted servicemen and their families the protection support goes to t he efforts of all concerned beings and that their families here at home will be able to hear from them. and the benefits to which they are entitled citizens and to the endeavors of the Ameri under international law and the dictates of can Red Cross in your "Write Hanoi" cam Governor of Louisiana, John J. McKeithen: As a Veteran of World War II, I can sincerely human decency. paign. Governor of Indiana, Edgar D. Whitcomb: Governor of West Virginia, Arch A. Moore, appreciate the actions of the American Red Cross in their efforts to secure humane treat I wholeheartedly endorse the actions of the Jr.: I have issued an official proclamation re American Red Cross in behalf of the Ameri questing West Virginians to write North ment for American prisoners of war in North Vietnam. The results to date on this cam can prisoners of war being held captive by Vietnam urging Hanoi to comply with the the North Vietnamese. I commend your orga Geneva Convention pertaining to the treat paign are worth the effort put forth thus far, and to attempt to obtain further results, I nization for its efforts in this regard and ment of prisoners of war. I commend the Red urge that you continue despite whatever Cross for its stand in this matter and assure am urging the citizens of Louisiana to join the Red Cross "Write Ha_!loi" campaign to roadblocks may be encountered. In accord you I am solidly behind your efforts to gain ance with the Red Cross "Write Hanoi" Pro humane treatment for Americans being held show North Vietnam that our people from Louisiana and America are united in our ef gram, I call upon Hoosiers to send a letter to as prisoners of war by North Vietnam and to the President of the Democrat ic Republic of gain entry for ICRC representatives to in forts to insure that our fellow Americans being held prisoners in North Vietnam are North Vietnam and urge to: {1) Identify the spect prisoner of war facilities and prompt prisoners being held, {2) allow regular mail repatriation of sick and wounded prisoners. treated like human beings and that their families here at home will be able to hear between prisoners and their families and SOUTHEASTERN AREA from them. Two young ladles here in Baton (3) admit International Committee Red Governor of Alabama, Albert P. Brewer: Rouge just received letters from their hus Cross representatives to inspect prisoner of Please be assured of my deepest apprecia bands who are prisoners of war. This cam war facilities and allow prompt repatriation tion of your actions to secure humane treat- paign is picking up momentum and seems to of sick and wounded prisoners. I believe as 17892 CONGRESSIONAL RECORD- HOUSE June 2, 1970 do all Americans that prisoners should be rar: Mr. Harriman: I endorse your "Write Vietnam to convince them of their respon afforded the treatment and protection that Hanoi" Campaign for the benefit to not only sibilities under the Convention. American North Vietnam is obligated to extend under our men who are prisoners of war, but for must not forget these men. I only hope that the prisoners of war Convention. I realize the all their loved ones in the free world. It is this campaign is successful in easing some of urgency of this effort and its importance not time that North Vietnam Government iden the hardships these men and their families only to the captured American soldier, but tify all prisoners of war; allow mail between are enduring. also to his family. families and prisoners, allow the Interna Governor of Nevada, Paul Laxalt: I would Governor of Iowa, Robert D. Ray: As Gov tional Red Cross to inspect the prisoners of like to commend the American National Red ernor of the State of Iowa, I am especially war facilities; and allow the sick and injured Cross for their program in calling upon all concerned about Iowans presently being held prisoners to return to their famllles. Let us nations to treat prisoners of war in accord captive by the forces of the Democratic Re all pray for humane treatment of American ance with the Geneva Convention. We must public of North Vietnam and would encour prisoners of war and for peace. continue to encourage everyone to subscribe age the efforts of the American National Red Governor of Texas, Preston Smith: As Gov to your efforts by participating in the "Write Cross in its letter writing campaign to en ernor of Texas I congratulate the American Hanoi" campaign. The success of this en courage the other side to observe the Geneva Red Cross for undertaking another "Write deavor rests with the American people. Conventions concerning the treatment of Hanoi" in continuation of your outright ef Governor of New Mexico, David F. Cargo: prisoners of war. forts to gain more humane treatment for Please add my endorsement to the American Governor of Kansas, Robert Docking: In the United States prisoners of war and the National Red Cross effort toward freeing behalf of all Kansans and personally, I join missing in action in Southeast Asia. All American prisoners of war in Vietnam. those governors of all States and all Ameri Americans are concerned about the failure Governor of Oregon, Tom McCall: Greet cans in urging the Government of North of the North Vietnamese to honor the pro ings to you from the State of Oregon. On Vietnam to adhere to the Geneva Conference visions of the Geneva POW Conventions. I the occS~Sion of your National Convention, in their treatment of American men who know citizens of Texas will join in support I commend the American National Red Cross have become prisoners of war in Southeast of your campaign. on their efforts they have made toward ask Asia, we pray they will be treated fairly and Governor of Wisconsin, Warren P. Knowles: ing Americans to protest to Hanoi on the humanely. Urge strongly continuing all-out effort to treatment of U.S. prisoners held by North Governor of Michigan, William .G. Milli gain more humane treatment for United Vietnam. As you map your reactions for the ken: As Governor of the State of Michigan States prisoners of war in Vietnam and ensuing year, May I encourage continuation I endorse the efforts of the American Na "Write Hanoi" Campaign. of such efforts. Irrespective of individual tional Red Cross to influence the Hanoi Gov WESTERN AREA feelings about the Vietnamese confiict, I be ernment to identify the American prisoners. lieve there is an absolutely unanimous opin To accept an exchange of mail between the Governor of Alaska: I would like to take ion in Oregon, as there must be throughout prisoners and their fammes and to accept this means of expressing my wholehearted the nation, that prisoners should be afforded representatives of the International Red support of American Red Cross efforts to ob the treatment and protection that North Cross into their prison camps. tain humane treatment of American person Vietnam is obligated to extend under the Governor of Minnesota, Harold Levander: nel imprisoned by the North Vietnamese, Geneva Prisoner of War Convention. Evi I respectfully request you to continue ex Americans are unified in their belief that dence of such unanimity of opinion, as can pending maximum effort on behalf of the prisoners held in North Vietnam should be be accomplished by a massive compliance American prisoners of war being held in afforded the treatment and protection that with your "Write Hanoi" Campaign, may in North Vietnam and commend you for your North Vietnam is obligated to extend under fiuence North Vietnam. Last month, Captain past efforts in this regard. the Geneva Convention provisions and the James Sehorn of Forest Gave, Oregon, who Governor of Missouri, Warren E. Reames: American Red Cross to continue its splendid was shot down in Northern North Vietnam I am pleased to urge public support for the efforts. 16 months ago, was finally identified as a Red Cross program of having individual Governor Arizona, J·ack Williams: A num prisoner of war. Mrs. Sehorn attributes this Americans write letters to the officials of ber of Arizonians are being held prisoner by notification to the efforts made by fellow North Vietnam requesting humane treat North Vietnam. Please accept my thanks and Oregonians and others who "Wri·te Hanoi." ment of prisoners. The release of names of congratulations for your efforts to get North Governor of Washington, Daniel J. Evans: prisoners and the granting of permission for Vietnam to observe the Geneva Conventions. I support the efforts of the American Na them to receive man and parcels from their We endorse your actions and urge you to con tional Red Cross to gain more humane treat families. Such a campaign at least offers hope tinue your efforts which seem to be having ment for the release of the U.S. prisoners of obtaining more information about Ameri some impact. in Vietnam. These prisoners of war are en can prisoners and better treatment for them Governor of California, Ronald Reagan: titled to humane treatment under the stat as was promised by North Vietnam in sign Early this month I urged all Californians utes of international law and the dictates ing the Geneva Accords. to join in the observance of a national day of moral decency. I hope that the following Governor of Nebraska, Norbert T. Tie of prayer on Sunday, May 3, for the humane provision of prisoner of wa.r Convention will mann: I hereby endorse the actions taken by treatment and safe return of American pris be honored by North Vietnam: Prompt iden the American Red Cross in their effort to oners of war and servicemen missing in ac tification of prisoners; adequate food and encourage expressions to Hanoi, urging their tion in the Southeast Asia. I heartily com clothing and medical care, communication compliance with the Geneva Convention mend the American Red Cross for its actions with other prisoners and their families at with respect to persons held as prisoners of to encourage all Americans to write Hanoi to home. Prompt repatriation of seriously sick war. We in Nebraska are taking up this cam express indignation at their failure to adhere or wounded prisoners; protection from abuse paign and I will personally be encouraging to the Geneva Conventions. I am hopeful or reprisals and free access to prisoners and Nebraska citizens and groups within our your efforts on behalf of our men being held their place of detention, by such a neutral state to write the President of the Demo prisoner will provide the impetus that is intermediary as the All-Swiss International orllltic Republic of North Vietnam, urging needed to focus worldwide attention of this Committee of Red Cross. compliance. matter. Governor of Utah, Calvin L. Rampton: Governor of North Dakota, William L. Guy: Governor of Colorado, John Love: Gover Please accept my endorsement of ARC efforts I heartily endorse the "Write Hanoi" Cam nor John Love, State of Colorado, whole to obtain humane treatment of American paign of the American National Red Cross heartedly endorses the American Red Cross prisoners of war in North Vietnam. I add and your organization efforts to secure more resolution and urges the leaders of Hanoi my voice to those urging Hanoi to follow humane treatment for the U.S. prisoners of abide by the Geneva Convention. strictly the standards set by the Geneva war in Vietnam. North Dakota citizens will Governor of Idaho, Don Samuelson: I am Convention. make a concerted effort through letter vigorously in support of the American Red State of Wyoming, Gov. Stanley K. Hath writing to assist you in this current drive Cross effort to encourage Hanoi to comply away: Proclamation: to persuade the Democratic Republic of with the Geneva Convention with respect Whereas, Red Cross has become the tradi North Vietnam to adhere to the Geneva to persons held as prisoners of war. We are tional neutral intermediary in time of con Prisoner of War Convention which they deeply concerned about the treatment of flict; and signed in 1949. these persons who include Idahoans in the Whereas, the American Red Cross has asked Governor of Oklahoma, Dewey F. Bartlett: military service. My office extends strong the world Red Cross Societies and the Amer Dear Mr. Harriman: As Governor of Okla est hopes for your early success in this en ican people to form a solid front in demand homa, I endorse actions taken by the Ameri deavor. Best wishes for a productive Con ing that the North Vietnamese meet hu can Red Cross in calling on all Americans vention. manitarian standards in the treatment of and all nations to write Hanoi and demand Governor of Montana, Forrest H. Anderson: American prisoners; and that prisoners of war be afforded the treat I fully support the humanitarian objectives Whereas, the United States Senate and ment and protection as agreed to at the of the "Write Hanoi" Campaign being spon House of Representatives have passed a reso Geneva. Conventions. Regardless of a persons sored presently by the American Red Cross. lution demanding compliance with the Ge feelings about the war, the treatment of Humane treatment of American prisoners in neva Conventions on treatment of prisoners prisoners of war should be uniform as pro Vietnam under the provisions of the Geneva of war and calling for the United Nations vided for under the Prisoners of War Con Convention is something that all Americans and the International Red Cross to obtain vention. must work to achieve. Moral pressure must be humane treatment and release of American Governor of South Dakota, Frank L. Far- brought to bear upon the leaders of North prisoners; and June 2, 1970 CONGRESSIONAL RECORD- HOUSE 17893 Whereas, the American Red Cross is asking carried out by via Red Cross Chapters. Sin be afforded all the protection and benefits to the American people to exert more pressure cere wish for success this and similar proj which they are entitled and their captors_ are on the North Vietnamese by increasing par ects. obligated to extend under the Geneva con ticipation in its "Write Hanoi" campaign; ORGANIZATIONS vention. Our organization which oonsists ex Now, therefore, I, Stanley K. Hathaway, Mrs. James B. Stockdale, National Coordi clusively of former American prisoners of Governor of the State of Wyoming, do hereby nator for the National League of Fam1lies of war, many of whose lives were saved by Red proclaim the month beginning May 17, 1970, American Prisoners in Southeast Asia: Please Cross efforts on their behalf, has unanimous as "Support our Prisoners in Vietnam extend to every delegate at your Convention ly endorsed your efforts and assures you of Month," and urge the citizens of the state the heartfelt gratitude of the wives and our unqualified support. to participate in the "Write Hanoi" cam families of captured and missing American paign to demand that the North Vietnamese servicemen for the help you have given our Every Red Cross chapter in the United honor the Prisoner of War provisions of the men in the past. We deeply appreciate your States and throughout the world, every Geneva Conventions. continuing interest and efforts toward insur individual citizen of this country and all State of Hawaii, Gov. John A. Burns: As ing humane treatment for our loved ones free countries of the earth, should accept Governor of the State of Hawaii, whose spirit and wholeheartedly support and encourage a continuing commitment to mobilize of aloha is often the last contact that our renewed appeals for your "Write Hanoi" world opinion to obtain humane treat servicemen have with their country before Campaign. Our burden seems lighter know ment for all prisoners of war. giving honorable military service in South ing you are continually increasing your ef Please join your President, your Gov east Asia., and which, through its vast mili forts to get help to our men. We thank you tary resources gives support to those opera most sincerely. ernor, your Red Cross and your fellow tions, I offer my full endorsement of the ef Mrs. Erwin Frees Seimes, President General, citizens in helping to arouse the con forts of the American Red Cross in seeking National Society Daughters of the American science of humanity on behalf of these humane treatment for American prisoners of Revolution-Dear Mr. Collins: Your letter prisoners. war held by North Vietnam, the Viet Cong of May 13 has been read with interes-t and ap and Laotian forces. Irrespective of any per preciation. We are enclosing a copy of the sonal feeling about the Vietnam conflict, it res-olution adopted. at the 79th Continental PRESIDENT URGED TO CALL UPON is God's will and the heartfelt desire of all Congress entitled "Prisoners of War,'' which SOVIET UNION TO WITHDRAW Americans that prisoners of war be afforded we feel is in line with your "Concurrent RUSSIAN PERSONNEL FROM MID the treatment and protection that North Resolution." DLE EAST Vietnam is obligated to extend under the Also, for your information, the following Geneva Prisoner of War Convention. In Ha paragraph appeared in the last Circular Let Mr. BRADEMAS. Mr. Speaker, today watl, Sunday, May 24 will be recognized in ter sent by me to my National Board: "We I am introducing, on behalf of myself churches throughout the State as Prisoner of have been asked by the Committee of United and the ~entleman from New York Korean War and after it:--if you com- ident of the United States in the execu- 17898 CONGRESSIONAL RECORD-HOUSE June 2, 1970 tive branch. Under the Constitution, come before Congress and explain their LEGISLATION TO PARTIALLY RE which I think is the finest and best Con activities. So they began to buy Govern PEAL THE GUN CONTROL ACT stitution in the world, it is the duty of ment bonds by the millions, and they The SPEAKER pro tempore. Under a the Congress to make the laws and it would clip the coupons, and they had previous order of the House, the gentle is the duty of the Executive to enforce enough money to operate so they did man from Texas, Mr. PRICE, is recognized the laws. not have to come before Congress. They for 10 minutes. But I think that the people of this did not have to. They have never to this Mr. PRICE of Texas. Mr. Speaker, I country expect their Representatives good day come before Congress. They rise to introduce a bill to remove the who are elected, like those of us here get their money another way. statutory restrictions on the sale of .22- today, to represent them and to stand At first it was only a few million dol caliber ammunition. up for them and to do what is necessary lars, which was enough to keep them As will be remembered, last fall Con and proper. I think every Member ac going, and they did not have to assess gress repealed the burdensome and ill cepts that duty and wants to carry it out. the banks. That was a sweet deal from conceived registration requirements for I have never served among more hon their standpoint. Then they began to shotgun and rifle ammunition appearing orable people in my life than those in accumulate more. In 1959 they had about in the Gun Control Act of 1968. The bill the Congress of the United States. I know $30 billion in Government bonds. They I am introducing today would remove oftentimes different things in a Mem tried to get a law through here that the remaining vestiges of Federal control ber's district among his constituents in would enable them to let the commercial over this type of ammunition. fluence him. Of course, they influence banks buy these bonds from the Federal I have long been opposed to Federal me. Naturally they would, just like they Reserve, using a low reserve fund which gun regulation. Early in this Congress, would anyone else. Sometimes those was given to them too, and it would not I introduced H.R. 9766, a bill to repeal cross currents interfere. But we should cost them a penny. the Gun Control Act in its entirety. In have our laws made and executed by I discovered it, and other members of addition, I tried to whittle away at some Representatives of the people, elected by our committee discovered it, although it of the most objectionable features of the the people, like the President and the passed the other body unanimously. We act by introducing H.R. 8628, a bill to Members of the Congress. found out what was in it, and we stopped eliminate the recordkeeping require But we for some unknown reason it. But in their report they said the com ments for shotgun and rifle ammunition. it is not unknown to me and it is not mercial banks need these bonds, and they It was this proposal that was enacted unknown to some others-but generally need the revenue from them, and the into law during the first session of the it is unknown, that we have an unelected Federal Reserve does not. They were 91st Congress. government in this country that has just recommending that the bonds be trans While this congressional action did taken over, just like Castro took over ferred without cost to the commercial not go far enough, it certainly marked Cuba, in some way. I am not saying it banking system. We stopped it. But re the beginning of a process which I fer is comparable, but they are doing what member now. that is not just $30 billion vently hope will culminate in the repeal they want to do to help their own private in those bonds. It is $57,300,000,000 in the of the Gun Control Act. This act was selfish, greedy interests, irrespective of Federal Reserve Bank of New York, -and ill conceived. It was passed in the heat and regardless of the interests of the every one of the bonds has been paid for of national passion and sorrow of a rash people of the country. That should not once. of fatal shootings. Insuffi.cient attention be permitted. But there are people mak If Members want some documentation was paid to the workings of the act and ing the main decisions in this country on that, 1 have interrogated the principal its implications, a fact that subsequent on monetary matters and interest rates omcials of the Federal Reserve System events have borne out quite clearly. who have no power on earth to do so. over a period of 40 years. I do know a Mr. Speaker, while I look forward with They have assumed the power and they little something about what their answers great anticipation to the day when the have not been challenged by those in will have to be. If we were to ask any of Gun Control Act is finally repealed, I am trusted positions, placed there by the them today, they would have to tell us realistic in my knowledge that Congress people's votes at the election box at elec the bonds have been paid for with good will not probably act with dispatch on tion time. old coin of the realm, with Bureau of this matter. Consequently, I believe a We have got to correct this. We will Printing and Engraving money that is productive approach is to move on the never have a decent monetary policy issued and with credit. most objectionable portions of the act, until the Federal Reserve has been re My friendS, this is a subject that de a piece at a time. This is why I am intro quired to come to Congress for _appro mands the constant attention of 100 ducing legislation to remove the statu priations and an annual review and to Members of the U.S. Congress all the tory restrictions on .22-caliber ammuni face a full audit by the GAO. time. The banks who have such wonder tion-it would free millions of law-abid Let me tell Members how the Federal ful privileges of manufacturing money ing Americans who enjoy shooting .22- Reserve got around this coming before and credit and raising rates and charg caliber weapons from a particularly the Congress. That is rather a cute way ing every kind of fee for services they burdensome bit of Federal regulation. and rather a meaningful way that they do not deserve sometimes, must have our had of making an end run around that attention-although I am for their earn provision in the Constitution. But the ing everything they can honorably and SGT. STEPHEN VELTRI-HE WAS Federal Reserve found out that in the legitimately earn. THERE original act they could create money. No I am not opposed to the profit system. The SPEAKER pro tempore. Under a body doubts that they can. The banks I am all for it. At the same time, when previous order of the House, the gentle create money and I am not opposed to it they go beyond that they should be man from Florida (Mr. BURKE) is rec if they keep in mind the public interest ~topped, and we should build some ognized for 10 minutes. and do it for the public interest. But if houses in this country. Mr. BURKE of Florida. Mr. Speaker, they do it for some sordid reason, we Mr. Speaker, in the coming days I shall with all the division and turmoil that would be opposed to it. speak more fully on ways in which the has resulted from the Vietnam war and First, the Federal Reserve bought some Federal Reserve can and should be the emotion and demands that have been Government bonds using the country's changed to bring it in accord with the made because of President Nixon's com credit. Their :first open market transac- wishes of the American public. In the mitment of troops to Cambodia, it seems tion in the history of this Nation was meantime, I hope that the newer Mem only fair that we listen to those who are with the city of New York. They bought bers of the House will give consideration in the know. city of New York bonds and created to joining in this e1Iort on a full-time Mrs. Frank Veltri, who is a resident of some credit to do it. They created the basis. Plantation, Fla., which is in the lOth Con credit to buy those New York bonds and Again I say, Mr. Speaker, that nothing gressional District which I am privil received interest on them. That was a could bring broader benefits to the Amer eged to represent, is like so many other sweet deal for them, because why should ican public than a top-to-bottom reform American mothers. She is a war mother; they not use that method to stay away of our monetary policies and a lowering and she, like all of us, must make a from Congress? They did not want to of the present usurious interest rates. choice between protest and responsibil- June 2, 1970 CONGRESSIONAL RECORD- HOUSE 17899 ity. She does not like war, nor does her The letter of Sgt. Stephen Veltri reads for the present. I am sorry I forgot Mother's · son, who is an American soldier pres as follows: Day but I have been here and there running around and it sUpped my mind. ently in Cambodia, like war. Her son, SOMEWHERE IN VIETNAM, Stephen, does not especially like the May 18, 1970. Give everyone my regards and tell them to DEAR MoM AND DAD, like I told you before watch out for the kid is going to be home in Army. He is 24 and a sergeant in the 57 days. Hope you are feeling better. Green Berets in the Fishhook area of the letters might get erratic. I just got back Love, from a week and a half in Cambodia a few Cambodia. He is not a "career killer." days ago. We did real fine. Four of the team STEPHEN. He is not what you would call too young, members took 140 of our troops in. Once nor is he too old to die. He does not feel there, we split up into two 70-man groups. A FACT SHEET ON AUTOMOTIVE that he is too old to serve his country, In the week and a half there, we made the AIR POLLUTION and he admits to being scared to be Amerlcano Units look kind of bad. In 10 days, where the action is. our CIDG killed more NV A and VC than an The SPEAKER pro tempore. Under a American Battalion has done in three weeks. previous order of the House, the gentle His mother, too, has her fears. For she We also found quite a few caches and three realizes that if one is in an area where man from New York (Mr. FARBSTEIN), is anti-aircraft machine guns of a new type. recognized for 20 minutes. danger exists one can easily be hur-t, and Turned out that they are the first ones of she knows that her son could easily be that type ever found in the war. We did all Mr. FARBSTEIN. Mr. Speaker, the a casualty in the war today. However, this without taking a casualty until three House of Representatives' commitment she felt, nevertheless, the need to have days before we left and then it wasn't Char to doing something about air pollution the benefit of her son•s feelings known ley that did it. The other unit had gotten will receive its first real test when H.R. and she sent me a copy of her son's let into a fight with a platoon and helicopter 17255, the Clean Air Act Amendments gunships were called in to help. On one of his of 1970, reaches the floor of the House in ter, which I have not only sent to Presi rocket runs, something went wrong, either dent Nixon, but which I would like to the next week or two. pilot error or erratic rockets, but two rockets I intend to introduce a package of share with my colleagues in the Congress landed in the middle of our people. It killed of the United States. two CIDG, wounded nine more plus both of five amen~ments to the bill, which if Mr. Speaker, Sgt. Stephen Veltri has our team members were wounded. They adopted Will demonstrate that the Con written home indicating support for our weren't too bad, though, and one is already gress's commitment to the environment President's decision in moving U.S. back out here. I guess it's one of those things goes beyond Earth Day speeches and that happen and we are just glad that the establishing joint committee and new troops into Cambodia in an effort to save Americans weren't more seriously wounded. American lives. He gives a firsthand view Presidential boards. This package of I can't understand the way the students amendments enjoys strong bipartisan of the supplies and the materiel that was and even the Senate is thinking over the support. captured, and he gives his views of what move to Cambodia. By doing that we will save might happen if these supplies had not a lot of lives. We have really hurt Charlie. In Among the most far reaching of the been captured. We in America should be our area that we were in we have gotten amendments is one that would establish proud of Sgt. Stephen Veltri and we enough arms and materiel to outfit a unit automotive emission standards beginning should be proud of all of his fellow sol 'that could overrun any installation in Viet in 1975 based on the cleanest feasible diers who are standing up before the nam. We got this stuff with only light re propulsion system, and leave it to the sistance which is a lot better than waiting on auto industry to carry out these stand enemy in Asia while facing those at Charlie to use the stuff against you at his home--no matter how well meaning they ards with the internal combustion-IC convenience. engine or any other engine. may be-who are demanding his sur- The more that Fulbright and Mansfield say render in Vietnam. · the madder I get. It's almost to the point The automobile is responsible for over Incidentally, I want to take this op where I am getting ready to write them a 60 percent of all air pollution in this portunity of expressing with pride the letter telllng them where to go. I am glad country. It thus stands as the logical tar conversation and the manner of so many Nixon had the guts to give the okay and I get of those who would like to be able of the young people, including college hope he sticks by it although I don't like to breath fresh air. seeing him persecuted for making what most An excellent and very revealing ar students, who have visited with me in everyone that is involved directly in the my omce in recent weeks to express their ticle on the internal combustion engine fighting here thinks is the right move. written by John Wicklein, a former re views--whether pro or con-concerning You know it's really ironical about my feel Vietnam. The great majority have indi ings. Here I sit in a country that is not ours porter for the New York Times and a cated to me, and I am convinced they are and watch how everyone works together and producer of television public affairs doc well meaning and we can say Thank God looks out for each other because they are umentaries, appears in the June issue of that while they may protest the war~ fellow Americans. Personal feelings or opin the Washington Ivionthly. Vietnam they do not condone the anar ions are expressed and like everywhere else, In the article, Mr. Wicklein explores everyone does not agree on things or get the capability of the internal combustion chist element who would tear our country along, but still everyone works together when asunder with false promises. engine to be cleaned up. Some of his someone needs help against the people who observations are most interesting and Certainly patriotism is something all are out to get you. of us in America need just a little more Then I look at the situation in the States pinpoint avenues which will and will of. Patriotism, however, does not mean where there is no common foe so everyone not lead to cleaner air. the blind following of those that would has time to start trouble with anyone who First. The auto industry he says has destroy our country, be they on the cam disagrees with them. I don't like to say it, decided to attempt to save the IC engine pus or be they in government. but what the U.S. people need is a good and will rely on devices attachable to th~ slap in the face by someone to bring them IC engine to clean up the pollution the It is true that none of us have a crystal around. Let some fear and terror invulve the engine emits. The result, he quotes a ball but in completely reviewing the big protestors directly and they would probably General Motors lab supervisor as saying picture I have confidence that the Presi be the first ones screaming for the U.S. to dent's move in Cambodia was a wise one stick up for them. I only hope that when I get is that each year a new valve or device and that history will show that this deci home I can manage to avoid any encounters is added which makes the engine more sion may well have been the turning with the trouble-makers. I don't know the and more complicated with more and answer oo the problem but I guess if I did I more gadgets to go wrong. The GM su point in the road to peace with honor in would be the smartest or luckiest person on pervisor goes on to suggest that devel Vietnam. earth. oping a simpler engine which does not It is, indeed, with sincere pride that I I go to Australia the 26th. In some ways pollute would be far better. offer Sgt. Veltri's letter to his mother and I don't want to go but I can't seem to pass Second. While the auto industry claims dad, which I hope that my colleagues it up. It's going to seem funny walking these devices are effective in reducing here in the House as well as in the other around where nobody is trying to shoot you. Incidentally, while in Cambodia an Austra pollution, Wicklein suggests the techni body, will take the time to read-I am cal experts outside of Detroit are ex will lian news team filmed us and our CIDG and sure the President be proud when he interviewed us for a special on the work we tremely skeptical. if reads the letter, he has the opportunity are doing here, so maybe I'll be a TV star They fl.nd that anti-emission attachments of receiving in person, the letter I for by the time I get there. It ought to be good haven't been living up to their promise, and warded to the White House over my sig- for a few laughs anyhow. there's no evidence that they will do so in nature. · Well, I have about exhausted my knowledge the future. 17900 CONGRESSIONAL RECORD -HOUSE June 2, 1970 National Air ·Pollution Control Ad progresses. They seem to promise the per the Coliseum, thousands of men and women, ministration tests of 600 Hertz and Avis formance the industry has educated the pub carrying signs, protesting pollution from auto 1968 2,800 lic to demand in its individual transporta exhausts: "Cars Cause Cancer ... The In cars with mileage ranging from tion, speed, power acceleration, ability to ternal Combustion Engine Kills . . . Make to 16,000 miles found that between 75 drive long periods Without refueling, ability GM Responsible ... Ban the IC Engine." and 80 percent of these cars released to run auxiliary equipment such as heaters, Inside the show, a commercial television more pollutants than permitted under radios and air conditioners. orew interviews Edward N. Cole, president the regulations. of Gen~al Motors, on the merits of the new Third. Since these devices are ineffec Wicklein cites the 1969 staff report cars. From a loudspeaker, the bouncy voice tive, Wicklein suggests that the industry of the Senate Commerce committee that of the Escape Girl, a go-go in her cage: "Es needed to demonstrate a scientific break a steam engine is feasible now and is a cape from the ordinary ... Get away in an through, and thus has hit upon catalytic far superior system in terms of emissions: Oldsmobile Escape Machine." In the protest march outside, a Congress if . It gets better gas mileage, using less ex devices, which can only operate lead is pensive fuels, and its acceleration, auxiliary man tells a reporter, "It's basically a dirty removed. This permits them to shift the operation and braking character are supe engine ... there's no way to clean it up. . . . blame from themselves to the oil indus rior to those of the IC engine. You've got to get rid· of it." try and to preserve the IC engine un Auto buffs, queued up at the entrance, scratched for several more years. Wicklein also cites inventor William surge into the show and mill around the They have put the onus on the back of Lear's assessment of the gas turbine as cars. Chromium-plated, enameled in green the oil industry to give them the time to ac cheaper to build than an internal com and orange and red and gold, power-packed complish what apparently they haven't ac bustion engine. Developing such an en internal combustion engines turn on their complished today in the area of the catalytic gine, he said, would cost about $25 mil display stands. muffler. Across the way in Central Park, Bess Myer lion. Retooling to market a million a year, son Grant, Mayor John V. Lindsay's adviser Fourth. Even with all of these add-on the number necessary to make it eco on consumer affairs, tells the auto pollution devices and the added cost to the con nomically feasible, would cost $300 mil rally: sumer involved, the IC engine cannot be lion, he estimated. "The auto makers, the worst offenders, con appreciably cleaned up much beyond the Ninth. Wicklein says that the auto in tinue to roll merrily along . . . dirty busi level of the 1975 emission standards rec dustry's excuses for not switching to ness as usual, profits without honor. Declare alternative pollution free alternatives another dividend and bury the dead, and ommended by the administration. why don't those trouble-making consumers Wicklein quotes John Maga, head of just do not make sense. patriotically shut up? Obviously, obviously, the California Air Resources Board as Chrysler offl.cials in analyzing why they did we are on a collision course." saying that there will be a point beyond not want to go into production of gas Between the auto promoters inside and the which the IC engine will no longer be turbine cars, estimated it would cost the protesters outside, there was no communi able to meet increasingly strict stand entire auto industry $5 billion to retool all cation opening day of the Auto Show. But ardn. its production lines to produce the gas symbolically, the national battle to eliminate turbine. The figure looks tremendous until the internal combustion engine had been Wicklein also quotes Dr. Lee DuB ridge, you discover from other industry figures that joined. the President's Science Advisor as con Detroit normally spends about $2 billion each The battle has been brewing 20 years curring: time it accomplishes a complete model since the day in 1950 that Dr. A. J. Haagen We know the auto manufacturers can't changeover. Ralph Nader reported to a Con Smit, professor of biochemistry at California clean up auto pollution without going to e.n gressional committee that GM spent $250 Institute of Technology, announced his dis alternative engine, and that they are lying million to change its advertising sign to read covery that the main ingredients of Los An when they say they can clean up the IC "GM-Mark of Excellence"-yet spent only geles's smog were exhaust gases from auto engine. And they know we know, and we $8 million the same year for pollution control mobiles. Until Haagen-Smit, Angelenos had know they know we know. research. Still other figures indicate that thought stationary polluters were the chief the industry Will charge customers $2.64 bil culprits. But the biochemist, testing the pol Fifth. Current air pollution laws are lion over the next five years to install emis luted air, showed that when hydrocarbons not designed to insure that the auto pol sion-control devices without any guarantee and oxides of nitrogen are mixed in the pres lution laws are being observed; they are of their effect on air pollution. ence of sunlight, irritating compounds are designed so they do not offend the auto Tenth. Change in this case, Wicklein formed to cause photochemical smog. The industry. concludes will come only through govern chief source of hydrocarbons and nitrogen _ Wicklein quotes S. Smith Griswold, oxides in the air, he found, is the auto ex mental action. He agrees with William haust pipe. Two other poisons, carbon mon HEW pollution control officer between Lear that "Congress should set a goal for oxide and lead, are also discharged into the 1965 and 1967 that to be effective the air the return of pure air, then decree stand air by the explosion of gasoline in an internal pollution laws presuppose effective en ards and enforcement to insure that re combustion engine. forcement which is not now or in the turn. Such a standard cannot be met by Since the discovery, medical researchers future likely to be achieved. He says: the present engine with tack-on control have found th81t lung cancer, heart ailments, HEW has a phony industry oriented pro devices; therefore, the industry would respiratory diseases, and eye infections in gram from the word go. The standards are crease in proportion to the increase of auto have to come up with the alternative mobiles. Smog causes death to plant life, too. phony because the fe4eral government non pollution power source." doesn't enforce them. Last year the United States Forest Service I insert at this point in the REcORD the estimated that 1,300,000 trees in the San Griswold wonders "if they can't make- full text of this article and articles de Bernadino National Forest near Los Angeles a relatively low-quality-attach-on--de scribing a foreign car firms development will die in the next five years, because of vice work, one that doesn't have to meet and possible marketing of pollution-free smog on the freeways. any severe standards now, then how do alternatives to the IC engine, and former The health problem, it's coming to be realized, is no longer a phenomenon peculiar you expect them to make a device that Justice Arthur Goldberg's endorsement to Southern California. Researchers find auto will work when the standards get yesterday of a legislation ban of the IC pollution a growing menance in every city tough?" engine: With a population of 50,000 or more. Air pol Sixth. ''Expert after expert tells you [From the Washington Monthly, June 1970] lution caused by cars ranges from 60 per cent the same thing-piecemeal, gimmicky WHlTEWASHING DETROIT'S DIRTY ENGINE in the small cities to 90 per cent in the large. Compared to the complexities of water pol half-measures will fail; what is needed (By John Wicklein) is a new start, with an inherently clean lution, the problem of air pollution from this Three little models in miniskirts, dancing source is fairly easy to solve; but so far, gov engine." around a Ca.maro. It's opening day at the ernment and industry have refused to in Seventh. The auto industry has a vested 1970 International Automobile Show in the terrupt business-as-usual to get it done. The interest in maintaining the IC engine New York Coliseum. A girl in a deep-veed, lesson to environmentalists is simply this: an investment of around $5 billion; in Grecian gown coos into a microphone. as of today, the movement does not have kn'lw-how, tooling, facilities, and so "Beauty 1s an expression of the truth, in a enough power to Win even the easy battles. forth in the IC engine--which means it woman, in an automobile. Beauty is in Until very recently, the auto industry was will attempt to stay with it as long as tegrity ... beauty is character ... beauty is unperturbed. In 1953, a Ford Motor Com it can. that unique, one-of-a-kind quality, and the pany executive told Los Angeles pollution Eighth. The technology exists to pro Monte Carlo is like no other car Chevrolet control offl.clals "these vapors are dissipated makes." in the atmosphere quickly, and do not pro~ duce a pollution free engine. He says: Women shrouded in black, marching si duce an air pollution problem." GM assured Steam and Gas turbines have been the lently by in gas masks. Behind them, strung them that carbon monoxide was not present chief alternatives considered as the search out from the General Motors building to in harmful amounts in the L.A. area, "and June 2, 1970 CONGRESSIONAL RECORD -HOUSE 17901 so we have not been concerned with the im the promised benefits of this "new" tech over the phone. "We want them to come up minence of a serious health problem from nology. They found that on every projection with a clean alternative, now." Maryland, this source." of pollution drawn by someone outside the Massachusetts, New Jersey, Delaware, New S. Smith Griswold, who served many years auto industry, an ominous curve appears. As Mexico, Arizona, Connecticut, and Illinois as director of air pollution control in L.A. devices are installed on new cars, air pollu also have "ban" bills in their hoppers. and later in the equivalent federal office, says tion begins to level off. That would seem In Congress, legislation to get rid of the thwt until the evidence became inescapable, logical, because, with effective devices, emis IC engine wa.s introduced by Representative the auto industry was unwilling to admit it sions from individual cars should drop off Leonard Farbstein, a Democrat whose pol was responsible for aid pollution. Griswold, 40 to 60 per cent. But the fact glossed over luted district in Manhattan ha.s a large stake now a pollution control consultant in Wash by the industry is that the number of cars in in the outcome. The ban is also backed by ington, D.C., told me: the country is increasing rapidly-by the end Representative Alfonso Bell, Republican of "We had to clean up every other source to of the decade, there will be twice as many on California. In the Senate, Gaylord Nelson, a the limit of engineering science--and still the roads. At that point, the pollution line Wisconsin ,Democrat active in the pollution have a smog problem-before the industry takes a sharp turn upward once more. fight, has sponsored a similar proposal. would concede that their product was re But, as the technology improves, won't we The Farbstein bill dooon't propose a fiat sponsible. We decided we had to make the have better and better control over emissions ban, but the intent is the same. It starts manufacturers control emissions. The com from conventional engines? Apparently not. with the premise that exhausts Should be panies said it couldn't be done. So we got The opinion of almost every researcher out virtually free from pollutants. Rather than independent companies to design emission side the auto industry is that the standards key the standards to the best the IC engine control devices and ordered the auto makers being promulgated for 1975 by California and can achieve, it sets limits on emissions that to put them on their cars. Then we discovered HEW represent the technical outer limits can be met oruy by engines that are in the auto makers had the devices, and finally, for cleaning up the IC engine. After that, herently clean--steam, gas turbine, or elec when they were forced to, they put them on." improvements are small, and methods of ac tric. These standards, in effect eliminating This was the basis of a court suit against complishing them extremely costly. To many the conventional engine, would go into full the auto industry brought by Griswold and scientists, and one legislator, the remedy was force by 1978. IC engines would be phased the Justice Department in the Johnson Ad obvious--force the automobile industry to out over four years, dropping the largest in ministration. Instituted in the U.S. District give up its internal combustion engine and 1975 and all by the end of 1977. The plant Court in Los Angeles January 10, 1969, the adopt another, nonpolluting means of pro would permit the industry to introduce cars suit charged the Automobile Manufacturers pulsion for its cars. with alternative engines a few lines at a Association and the four largest auto mak The legislator was state senator Nicholas time. ers-General Motors, Ford, Chrysler, and Petl'lis of Alameda, California. Petris, a Public support for a ban is building across American Motors--with conspiring for 15 vigorous, gray-haired man with a penchant the country. In California, the People's years to limit the development and installa for bright shirts and colorful ties, had spent Lobby, headed by Ed Koupel of Los Angeles, tion of auto-exhaust pollution control de years advocating electric cars as an answer has collected 425,000 signatures to put a ref to California's smog problem. erendum phasing out the engine on the bal vices. Privately, industry people had expressed In 1965, he became fed up with the in lot this fall. Koupel was the man who led the reluctance about installing the devices be dustry's lack of concern and launched a petition drive t.o recall Ronald Reagan as gov cause they raised the cost of cars and reduced head-on attack. He introduced a bill to ban ernor. Reagan's attorney general has chal gas mileage-they were something of a drag. the sale of cars with internal combustion lenged the validity of a third of the auto To the disgust of Griswold and others engines. The legislators laughed. He intro referendum signatures, in an effort to keep fighting auto pollution, the Nixon Justice duced it again in 1967 and 1968. The auto the question off the 'ballot. Nationally, the Department decided not to take the case to industry laughed. But smog kept getting ban got a boost from environmental activ1sts trial. They let the industry off the hook Wlth worse, and that was not funny. Last year, working toward Earth Day demonstrations. a consent decree signed September 1, 1969. Petris tried again. His blll passed the senate,. The Nader-sanctioned "Campaign GM" has In the agreement, the manufacturers neither 26 to 5. If approved by the assembly, the new made the elimination of the IC engine one admitted nor denied the allegations, but law would have ended the sale of conven of its aims. agreed not to engage in the future in the tionally powered cars in California by 1975. But the industry tide is still running practices specified in the suit. California buys 10 per cent of Detroit's out against the air pollution activists. "The In California, exasperated by the industry's put. The auto industry stopped laughing. dustry" is 50 per cent General Motors, and foot-dragging, became the first state to adopt It sent in money and lobbyists. The bill was this one company, according to Nader, con legislation requiring controls on exhaust referred to the assembly's Transportation tributes 35 per cent of the nation's air pollu emissions. The legislature has now set stand Committee, usually friendly to the manu tion, by tonnage. In an interview at the ards at a level which it hopes will drastically facturers. An industry spokesman told the General Motors Technical Center in Warren, reduce pollution from exhausts by the middle committee that Detroit had no alternative Michigan, GM President Edward Cole told me of this decade. Early in the '60's the state available, so they would be, in effect, ban his company has no intention of abandoning set a goal of 80 per cent reduction in the ning the sale of cars in a car-dependent the internal combustion engine. "We believe average emissions from motor vehicles. But state. "The know-how isn't there to do the tha;t the internal combustion can be made it was not until 1966 that it was able to get job," he said. And so the committee killed more pollution-free than any of the alterna the manufacturers to attach devices that the bill-by one vote. A week afterward, a tive power sources that we are working with," brought about such a reduction and then reporter asked the same industry spokesman he said. "And so we are betting heavily th9,t only for hydrocarbons. Standards have since if Detroit would have been able to market a. as far as the public good is concerned-that is been set for carbon monoxide and oxides of car with another type of engine by 1975 if the being able to own and operate individual nitrogen, but only for new cars sold in the IC engine had been banned. "We would have transportation-we can do it most easily state. No practical way has been found to complied," he said, "and of course we would at the lowest possible cost by the employ control emissions from cars marketed before have remained in the business of producing ment of an internal combustion engine." the devices became mandatory. So there is a automobiles." I must have struck Cole as overly con built-in time lag before even the p·artial Senator Petris feels he has made a point. cerned. After several questions about GM's clean-up provided by the current standards "There's a remarkable change from ridicule efforts to stop pollution, he took me by the can be achieved. It will be about 10 years to belief," he told me. On the walls of his arm and said, "John, what I am saying is before pre-control cars drop off the roads. office are several mea culpa bumper stickers: that it is going to be all right. We are going After California, the federal government, act "This car may be a hazard to your health." to take the automobile out of the pollution ing under the Clean Air Act of 1967, began "See it like it is--fight air pollution, quit problem, and we expect to do it by 1975." setting emission control standards. They smoking-walk." William G. Agnew of the GM Research were not, however, as rigid as California's. "I'm determined to continue the fight un Laboratories told me GM thought it was Once the auto industry accepted the fact til the IC engine is eliminated. The industry more productive to refine the IC engine by of cont rol devices, it began crowing about has never volunteered to do anything that adding emission control deYices than to go their benefits to the public. In April, 1969, will favorably affect the health of the people. to an alternative "for the foreseeable fu Charles M. Heinen, Chrysler's Chief Engineer You have to club them with governmental ture." Still, an executive who supervises thiS for Emission Control, told the Society of action. I'm sorry to say this. I'd much rather refinement at the labs was clearly pained Automotive Engineers: "We've done the go to them and say, 'Look, fellas, you're ruin that so much effort must go into tinkering job-the main battle against automotive air ing our health and you are going to kill us with the standard engine to improve its pol pollution has been won." Other industry ex off-would you mind changing that internal lution characteristics. Every year, he said, a ecutives have become loud in their praise combustion engine?'" new valve or device is added, making the of emission control devices. People in other states are beginning to engine more and more complicated, with The reason is that today a fa.r more drastic agree with Petris. A bill in Hawaii would more and more gadgets to go wrong. "You remedy to the air pollution problem-it ban the engine by 1974, one 1n Washington need a simpler engine, really," he said. hasn't been solved yet--is being proposed, state by 1980. ("I think that's quite late," I talked to Herbert Misch, vice president and it is scaring the auto makers silly. Whlle Petrls says.) In New York state, a. b1111ntro engineering, of Ford Motor Company, after the hullabaloo over control devices for the duced this year with bipartisan sponsorship he had testlfted at a hearing of the California internal combustion engine was rising in would provide a. flat ban on sales by 1975. Air Resources Board 1n Sacramento. I asked California, other scientists, government "We want to scare hell out of the industry," him if Ford thought the best way to meet the agencies, and legislators began looking into a. Republican pushing the legislation told me public demand for an end to pollution from 17902 CONGRESSIONAL RECORD -HOUSE June 2, 1970 automobiles was by trying to clean up the The auto industry executives took a look low-pollution power source are available, IC engine. "Look where we are spending our at the 1975 standards, consulted their tech vehicle-caused pollution will once again money-that's the answer to that,'' he said. nical research people, and decided they could begin an inexorable increase." "I! we didn't think the IC engine was a bet not meet them without removing the lead If that's the case, what should the federal ter bet, we wouldn't be doing that." that clogs control devices. So, to save their government do? I asked this of a Presidential Charles Heinen of Chrysler told the A1r Re technology, they jettisoned the oil indus assistant who helped draft the pollution mes sources Board the same thing. The Chrysler try. "Besides, that gets the monkey off our sage. Would President Nixon support setting Corporation had developed and tested a gas backs," one auto executive remarked to a emission standards so low that the industry turbine for cars over an 11-year period, from reporter. The oil industry, which would have would be forced to go to an alternative en 1954 to 1966. It proved practical to build, and to revise its technology, understood what gine? "I know what the President would say virtually pollution-free. It rated high with was happening. In March, at a hearing of to that-that's absurd," he replied. "We 203 users who tested it under normal driving the California Air Resources Board (ARB) know the auto manufacturers can't clean up conditions. But Chrysler decided against to consider removing lead from gasoline, one auto pollution without going to an alterna marketing it. The cost of the changeover was of its spokesmen remarked that the oil in tive engine, and that they are lying when considered too great, and the chief reward dustry was being asked to eliminate lead they say they can clean up the IC engine. less poison-not enough to justify the cost. to accommodate the auto industry. "They And they know we know, and we know they In sum, the Big Three said, stop worrying; have put the onus on the back of the oil know we know. But we don't think we should we can clean up our mess with the very industry to give them the time to accom tell the industry they have to get rid of the engine that made it. True, the IC engine does plish what apparently they haven't accom IC engine and go to an alternate source." dump poisons into the air you breathe, but plished today in the area of the catalytic Then how are you going to make It hap now we will sanitize it by attaching catalytic muffier." It's the only way we have to pen? I asked him. mufilers to the exhaust pipe to catch the meet your requirements, Detroit's Big Three "We think the best way to do it is to polSOns before they can get out. told the ARB. The board bought the argu produce one of these alternate engines pub Technical experts outside the industry are ment, and recommended to the legislature that lead be banned from gasoline by 1977. licly. Then if we find it is practical and that extremely skeptical. They find that anti we have a perfect engine, we think the pub emission attachments haven't been living The Nixon Administration, apparently, has also bought the argument. It has asked Con lic pressure is going to be impossible for the up to their promise, and there's no evidence manufacturers to resist, and they will have that they will do so in the future. Since gress for legislation to set control of add:ltives, to start marketing a nonpolluting car." 1967, the National Air Pollution Control Ad such as lead, in gasoline. Now this has a good image with the public. The appearance is: To carry out this line of reasoning, the ministration (NAPCA) of HEW has been is President asked funds for an extensive re suing standards for emissions that are sup We are getting tough; auto pollution is being solved. But what it does, in essence, is give search and development program in uncon posed to be met by prototypes of vehicles ventional vehicles, to be conducted by pub to be marl$:eted by the auto makers. The cars the industry more time to delay the drastic lic and private agencies over the next five have control devices, put on at a cost of $50 step that inevitably will be needed: aban years. He proposed spending $9 million the to each purchaser. Not surprisingly, the pro donment of its pride and joy of 60 years and first year. He also backed a bill, now passed totypes offered to NAPCA for certification the technology and tooling that goes with it. by the Senate, that would authorize the have met the standards, which aren't too The 1975 standards mark the best that can federal government to offer premium prices rigid in any case. But recently NAPCA made be expected of that engine, and yet, when for purchasing low-emission vehicles for its tests on 600 Hertz and Avis 1968 cars with you project the rise in cars at 10 million a own use, thus creating a potential market mileage ranging from 3,800 to 16,000. Al year, they are not good enough. Gnawing at for cars with unconventional engines. When though they had the devices, between 75 and the minds of politicians, even those inclined the Senate Commerce Committee unani 80 per cent of these cars released more car to go along with industry as far as they can, mously reported out the bill, introduced by bon monoxide and hyroca.rbons than permit is the feeling that, by the end of the decade, Chairman Warren G. Magnuson (D-Wash.) ted under the regulations. (Another danger we will have to be doing something else. it commented: ous component, oxides af nitrogen, is not yet John Maga, head of the California ARB, "The federal government's policy of covered by HEW.) while saying that the technology might still adopting national hydrocarbon and carbon Now it was time for the industry to make be found to get very low emissions from the monoxide emission standards for automobiles its own scientific discovery. You are right, IC engine, concedes "there will obviously be and light trucks is inadequate. Nor will the says its spokesman. Our catalytic mufilers do some point at which they won't be able to present industry approach of adding emis get clogged up after they have been in use meet the standards if they are made in sion-control devices to the internal combus for 8,000 to 10,000 miles. But that's because creasingly strict." tion engine solve the air pollution "epi there is lead in the gasoline! If you take the California air pollution officials, smog pro demic." The best solution is to develop a lead out of gasoline, we can provide our IC jection chart in hand, are already calculating new propulsion system which produces few engine with an emission control device that even more rigid standards to be met by 1980; pollutants, and which performs at least as will function properly for 50,000 miles! so are air pollution researchers at HEW. But well as present propulsion systems." Early last year, when environmentalists the Nixon Administration is not ready to face When I mentioned the Nixon approach to began pressing to take lead out of gas be the issue. The pressures from its constitu bringing about a change in engines to Nick cause leact spewed into the atmosphere is a ency aren't strong enough yet. The people Petris, he snorted. "I think this shows the deadly poison, as well as a hindrance to con most harmed by air pollution-city dwellers kind of thinking which places danger to the troll1ng other poisons, the auto manufactur who tend to be poorer and blacker than the public behind the desire not to offend indus ers had stood staunchly beside their allies, Silent Majority-are not part of its constitu try. Now, we've done that too many times. the oil companies. They could never agree to ency. However, even some suburbanites are We've had the public pay the bill to repair move away from lead in gasoline because breaking silence to complain about being damage that's been done by some element in it would cost the users $2 billion a year for gassed to death by Detroit. private industry." Industry has made its a gas without lead in it. Lead, they asserted, Such expressions of concern are causing the money on a. polluting machine, he said, and was put into gasoline originally to increase President to move forward slowly. Last Sep it should be made to use this money in pro its octane-<>r power-rating. The public will tember he and his science adviser, Dr. Lee ducing a nonpolluting machine. never stand for a reduction in power of its DuBridge, were saying that obtaining a low Which of course is far from the Nixon automobiles, the industry spokesmen said. pollution vehicle was a job that would take thinking, and, 'for that matter, the thinking But now the situation is changed. Cali well into the 1990's to achieve. But recently, of most of those in Congress--Democrats fornia has adopted standards calling for a as the environment took on more political and Republicans alike--who feel constrained drastic reduction in emissions of the three importance, DuBridge and the Admlnistra to deal with pollution. Congress is con main pollutants by the 1975 model year. tion said change might have to come about in centrating on legislation that falls well short Lead, however, is not included. In Febru the '80's. In February, the President included of the Farbstein-Nelson proposal. Senator ary, HEW announced it intended to set in his message on the environment the pro Edmund S. Muskie (D-Maine), for exam new standards for 1975 that will be essen posals to set stricter HEW standards for 1975 ple, is pressing to extend Section 104 of the tially the same as those for California: cars: require the testing of assembly-line 1967 Clean Air Act to increase research and models, rather than prototypes, for compli development on emission controls and to Grams per mile ance with these standards, and authorize authorize HEW to set emission standards for Carbon monoxide------11. o HEW to regulate polluting additives in gaso- production-line vehicles. l!ydrocarbons ------.5 line. He praised the auto industry for de To have any effect in cleaning up the air Oxides of nitrogen______. 9 veloping emission control devices and for we breathe, these legislative proposals pre (An internal combustion engine, uncon preparing "on its own initiative" to put on suppose e:fl'ective enforcement of their pro trolled, puts out 80 grams of carbon mon the market by 1972 automobiles that will not visions by the federal government. Smith oxide, 11 grams of hydrocarbons and four use leaded gasoline. Griswold thinks this is a forlorn hope. From grams of nitrogen oxides per mile. In grams, He then made a bow to the projection that 1965 to 1967 he served as control chief at this seems small, but in gross tonnage of shows pollution rising again by 1980: "I hope HEW's Office for Air Pollution Control, and poisons, it bulks large. Estimates for Los that the auto industry's present determined resigned when he found his program for en Angeles, in ton per day are: hydrocarbons, effort to make the IC engine sufficiently pol forcement of the 'federal standards was being 1,800 tons; carbon monoxide, 10,000 tons; lution-free succeeds. But if it does not, then ignored. "I think HEW has a phony, indus oxides of nitrogen, 570 tons.) unless motor vehicles with an alternative, try-oriented program from the word go," he June 2, 1970 CONGRESSIONAL RECORD- HOUSE 17903 said. "The standards are phony, because the "The gas turbine is such a simple device," manufacturers could be required to provide federal government doesn't enforce them." he said. "By comparison with the steam such an engine on an increasing percentage Griswold hoots at auto industry claims engine or the IC engine, it has about 15 per of cars produced, reaching 100 per cent by for attach-on devices. "On the basis of past cent of the parts. It really has only one mov the end of the 1970's. Meantime, the lame performance, with General Motors or any ing part, and that's the turbine." The ad duck IC engines being marketed during the of· the others, I think this is so much hot vantage of the gas turbine, from an anti phase-out period should be made to meet, air," he remarks. "If they can't make this pollution standpoint, is that it is by its through emission-control devices, stand relatively low-quality device work, one that nature a clean-burning mechanism that ards that approach the technologic-al limits doesn't have to meet any severe standards, needs no afterthought attachments to its of their capabilities. then how do you expect them to make a de exhausts. The gas turbine burns its fuel Federal funds should be provided for as vice that will work when the standards get kerosene--evenly in the air, outside the sembly-line testing of these vehicles and tough?" engine. External burning provides much for sta.tes to conduct spot checks of private Expert after expert tells you the same more complete combustion, and fewer emis cars to see th-at the certified vehicles meet thing-piecemeal, gimmicky half-measures sions, than burning gasoline vapors inside a the standards after prolonged use on the will fail; what is needed is a new start, with cylinder. In internal combustion, the explod highways. Increased research funds should be an inherently clean engine. ing gases burn unevenly, and the resulting provided to the National Air Pollution Con One engineer planning to develop S'uch poisonous residue must be dumped out of trol Administration to develop alternate en an engine is William Lear, the entrepreneur the cylinder into the air. gines on its own, as a check on the industry's who had a great success in developing the Steam and gas turbines have been the effort to comply with the tough standards Lear Jet airplane a few years back. He has chief alternatives considered as the search set in the basic legislation. taken over an abandoned Air Force base progresses. They seem to promise the per It is reasonable to goad Detroit into the outside Reno and set up Lear Motors to try formance the industry has educated the pub change, considering the costs involved, just to bring it off. I asked him what he thought lic to demand in its individual transporta to make certain the pollution curve will not about the assertion by auto executives that tion; speed, power, acceleration, ability to begin to rise again? That's like asking, "How they could clean up the IC engine. drive for long periods without refueling, abil much is the quality of life worth?" If we "Well," Lear said, "I think the nicest ity to run auxiliary equipment such as heat look at some industry figures, we may not thing to say is, that's f'antastic." (Later ers, radios, and air conditioners. There are have to ask the big question. he remarked that "fantastic" was the word two other alternatives which are talked about Chrysler officials, in analyzing why they he learned in Sunday school to replace the but appear to have greater drawbacks: (1) did not want to go into production of gas word"---:') Modifying the present IC engine to burn turbine cars, estimated it would cost the The auto companies know they will ulti natural gas. This can be done fairly easily entire automobile industry $5 billion to mately have to go to a different engine, he in fact, it has been done for some gas ut111ty retool all its production lines to produce said. "I think they all wlll admit, probably fleet cars and for a number of California the gas turbine. The figure looks tremendous not publicly, but secretly, that the gas tur state vehicles. Emissions from natural gas until you discover from other industry fig bine engine is the ultimate engine they will are very low. The drawback here is that such ures that Detroit normally spends about $2 have to go to. But in the mean:time, they_ cars can drive only 40 to 60 miles on gas billion each time it accomplishes a complete have an investment of somewhere around cylinders equal to the size of a conventional model changeover. Ralph Nader reported to $5 billion, in know-how, tooling, facilities, gas tank. (2) Electric--battery-powered a Congressional committee that GM spent and so forth, :ror manufacturing the IC cars. They have no emissions but, to date, $250 million to change its advertising signs engine, and come hell or high water, they're provide very limited range and speed. to read "OM-Mark of Excellence"-yet spent going to stay with that engine as long as other technical researchers are not yet only $8 million the same year for pollution they can." ready to write off the steam engine as the car control research. Still other figures indicate They will go to an aJ.ternate engine only engine of the future. It burns it& fuel exter that the industry will charge customers $2.64 when they are forced to do it by the govern nally, too, and it has been under develop billion over the next five years to install ment, Lear said. "The government will have ment by a number if experimenters for a emission-control devices without any guar to take a very stiff attitude and say 'Believe longer period than the gas turbine engine antee of their effect on air pollution. me, you will not be able to deliver cars un though not nearly so intensively. After study Representative Farbstein, in a report on less you make a low-emission car; if you ing various alternatives last year, the staff of an ad hoc hearing he and other New York don't, you go out of business.' Now, they the Senate Commerce Committee concluded Congressmen held on the question, said the won't go out of business. They will then de in a report that "the Rankine cycle (steam) costs of changing to an alternative engine cide to quickly get into gas turbines. And propulsion system is a satisfactory alterna are manageable, and could be made even it will take them six years, if they decided tive to the present internal combustion en more so if the industry changed over a line today to go into gas turbines, before cars gine in terms of performance and a far at a time. Compared to the cost of cleaning came rolling off the lines." superior engine in terms of emissions." It up water pollution, he pointed out, cleaning When I asked Edward Cole what alter gets better gas mileage using less expensive up air pollution is relatively cheap. natives GM would go to if the government fuels, the report asserts, and its accelera By any logic, the costs of the change would did ban the conventional engine, he said, tion, auxiliary operation, and braking char be small compared to the costs to society of first, th.alt he didn't think the government acteristics are superior to those of the In continuing or increasing pollution caused by would ever do such a thing, because it ternal combustion engine. The report, called the present engine. Polluted air is estimated would not be in the public interest-but "The Search for a Low-Emission Vehicle," to cost the American people $20 billion an that if it did happen, "probably down the criticized HEW for spending most of its re nually in cleanup and material repairs. In road the best alternative would be the gas search funds on IC engine emission control the Los Angeles area alone, studies show pol turbine engine." Lear. on the other hand, is studies and very little on researching lution from exhausts is costing $132 million betting the government will do it, and wants alternatives. a year in damage to crops. The money costs to be there first with a marketable engine Among the alternatives, the gas turbine of medical bills and days lost from work when it does. It could be a good race, should seems to be swinging into the lead as the sys are difficult to estimate, although guesses the government insist it be run. Both GM tem closest to being perfected for assembly put these in the billions. The cost in an and Ford intend to come out next year with line production. William Lear concludes that, guish-from sickness and premature death gas turbine engines for trucks. Although once in production, this engine would be should alone be enough to force a change. they say now the engine is not commercially cheaper to build than an internal combus I agree with Lear that change, in this case, feasible for cars, their experience with the tion engine includ.ing the clean air devices will come only through governmental action. larger engines should bring them within that must now be added to the exhaust side. And in our free enterprise society, the gov striking distance of the technological ca Developing such an engine would cost about ernment itself must be prodded to resist its pability Chrysler developed while testing out $25 million, he believes. Retooling to market natural inclinations to ride along with the a gas turbine for passenger cars. a million a year, the number necessary to industrial managers and their money, status, Lear first placed his own chips on the make it economically feasible, would cost and technological "know-how." It's hard to steam-or Rankine cycle--engine. He spent about $300 mlllion, he estimates. tell whether the people have become worried several million dollars developing a steam "I think," he said with a wily smile, "that enough to make them want to apply the engine for a car to be tested out by the if the government would underwrite our re goad. The generation that has arrived at an California Highway Patrol, and a larger search and development, it would be the age of political clout grew up with the idea engine for a bus to be tried out by the city greatest catalyst the government could use that the smells from auto exhausts were of Oakland. Both experiments are being con to get Detroit off its tail and going." inevitable. Except when we took in a lung ducted by the state of California with funds There are probably more di:rect ways to cutting whiff from a bus we got caught be from the U.S. Department of Transportation. accomplish it. The toughest, but most effec hind, the nuisance seemed tolerable, con In doing this, Lear proved to himself that a tive, would be for Congress to set a goal for sidering the beneft ts gained from having our steam engine could provide very low emis return to pure air, then decree standards and individual transportation. Can the promoters sions, but also that it had too many compli enforcement to insure that return. Such a of change whip up the public to take on an cations to make it practical in the family standard cannot be met by the present en industry that provides an Escape Machine car. Now, although he intends to complete gine with tack-on control devices; therefore, for so many? Or will it take a health crisis. the California contracts, he has shifted his the industry would have to come up with the with people clearly dying from atmospheric plans for the future to the gas turbine. alternative, nonpolluting power source. The inversions caused by auto exhausts? 17904 CONGRESSIONAL RECORD- HOUSE June 2, 1970
If we don't start now to force the change, bond issue and controls on atomic power . T~ree such firms in my congressional we are doomed to live, at the end of this plants stricter than those currently enforced district, employing some one thousand decade, in a world of increasingly foul air. by the Federal Government. w~r~ers, have been adversely affected by With no measures beyond those envisaged for BILL GAINING IN CALIFORNIA this.mtolerable situation. The large com 1975, the amount of poisons in the air will One house of the California Legislature double within the next 30 years. pames control nearly all of the virgin has already passed a bill banning the inter refined copper coming from mines in the But suppose we do force a technological nal combustion engine by 1975. A slinilar change. Won't the dislocations in the auto blll was introduced in the 1970 New York United States. They process most of this industry and the oil industry and the garage Legislature but never got out of oominlttee. copp.e~ t~rough their own fabricating industry be too much for our economy to Mr. Goldberg said that such a prohibition subsidianes, setting prices the inde bear? Nick Petris has an interesting answer was "a drastic action." pendent fabricators simply cannot to that: "Leadership means that New York wlll afford. "People are going to insist on being dis not make a threat to ban the internal com The flow of South American copper to located when they realize it's a matter of bustion engine-and do nothing else,'' the life or death. Who's going to be dislocated other markets has produced a severe paper read. shortage in the United States. To com the man who sells IC engines? Even if we Contending that Governor Rockefeller had adopt a rubber band and wind it up behind "come as close as possible to total lack of plicate this problem, the large Ameri the car, he's going to sell it. Now, the service action on the problem of auto pollution as can copper companies are profiting station operator? Okay-he's going to have is humanly possible,'' Mr. Goldberg offered a handson~ely from these foreign sales and to do somewhat of a different kind of serv series of proposals "to create alternatives, to in etre.ct have vested interest in per ice. But he'll be alive to do it." establish markets and to enforce standards petuatmg the domestic shortage. that will have the effect of getting the job In addition, some large producers have [From Ideas, May 1970] done." en~red the sc~ap market, bidding up the PROGRAM DETAILED KINETICS CoRP. INSTALLING RANKINE ENGINE pnce to a pomt that the independents IN DATSUN They included the following things: can no longer afford to purchase even As a further development of their previous A requirement that the state purchase scrap. copper. Thus the monopolistic work, Kinetics Corp. of Sarasota, Florida "low-emission vehicles for up to 25 per cent more than regular-emission vehicles" for use cycle lS completed, and the independent (Wallace Minto, president) has been install in high pollution areas. Such a state program, finds himself in an untenable position. ing a screw-type ion entropy expansion Se~eral months ago, the President engine in a Datsun station wagon. The engine he said, "could add several thousand addi has been used previously as an air compres tional vehicles, each year, creating a power appomted a Cabinet Committee to study ful incentive for the automotive manufac the copper situation. This group in tum sor, but is now being used as an external com turers to create a pollution-free vehicle to bustion engine "tor vehicular propulsion. It selected Hendrik S. Houthakker a supply this market." member of the President's Councii of burns kerosene, and is using Freon 113 as the The establishment of a State Pollution working fluid. (The company has been ex Research Institute to find ways of elltninat Eco?omic Advisers, to cha~r its investi perimenting with F-113 and with F-114 and gatiVe subcommittee. F-216, and has found these three to be the ing or reducing pollution caused by motor vehicles. On March 22, the Houthakker panel best fluids in terms of their thermal char A concerted attempt by the state to strictly released its report. Although the com acteristics.) The engine for the Datsun has been tested with a dynamometer, and has enforce Federal antipollution standards. He n;tttee rejected several courses of ac achieved a 70 bhp at 5000 rpm and also has suggested that after Jan. 1, 1972, the State tiOn~uc~ as a pool of domestic copper run at 12,000 rpm producing 140 hp. Emis Department of Motor Vehicles be required to be distnbuted to hardship cases by the to refuse to register vehicles unless they sions from the vehicle are claimed to be Gove.rnment, a requirement that do extremely low: less than 1 ppm CO, less had "a valld certification" indicating com mestic producers make tonnages avail than 0.1 ppm HC, less than 0.01 ppm NOX, plla.nce with Federal norms. The banning of the sale of leaded gas in able.~ competitive bidding, Government and less than 0.01 ppm particulates. subsidies for expansion programs and The developers at Kinetics expect to have the state by Jan. 1, 1972, and a requirement the car ready for road testing in September that all new gasoline stations offer unleaded tax incentives-it did seem amenable to of this year. They have had "serious discus gasoline for sale by Jan. 1, 1971. a proposal to relax copper export quotas sions" with a Japanese automotive firm con Pressuring the Federal Government to re so that ore concentrates could be ship cerning more widespread production of such quire airplane Inanufacturers to reduce noise. ~ abroad for processing to help re vehicles. Under mass production, they esti Greater control of the use of sulphur in lieve ~ shortage of American smelting mate that the cost of the car would nm fuels and the phasing out by 1973 of "on-site capacity. It also left open the possibility $125 to $130 less than the comparable ICE incinerators," which Mr. Goldberg said were "small, obsolete and dirty." of antitrust prosecution. version. The car will be a general purpose Mr. Speaker, I find it difficult to ac vehicle, with less noise and higher perform Mr. Goldberg also announced yesterday the ance than the conventional Datsun. Since the formation of a. Citizens Committee for Gold c~pt Chairman Houthakker's explana engine has only two moving parts, the main berg-Paterson. State Senator Basil A. Pater tiOn of why his subcommittee failed to tenance and fabrication costs are expected son, a Manhattan Democrat, is seeking the propose any remedial action. He seems to to be considerably less than average. (For nomination for Lieutenant Governor. f~el that the s~tuation will correct itself, previous stories on Kinetics Corp, see Ideas 1, The members include former Gov. w. smce. the gap Is narrowing between the Averell Harriman, former Attorney General 1, 4 October 1968, and 1, 6, 39 March 1969.) ~encan producer price and the world Ramsey Clark, Lena Horne, the entertainer Theodore W. Kheel, the labor mediator; Ba: pnce. and the supply appears to be ex [From the New York Times, June 2, 1970] yard Rustin, the civil rights and labor leader; panding. CAR POLLUTION SCORED--GOLDBERG ASKS BAN Victor Gotbaum, the labor leader, and Arthur I wish I could share Dr. Houthakker's ON SOME ENGINES Schlesinger Jr., the historian. optim~sm, but .from my perspective the (By William E. Farrell) Mr. Goldberg did not campaign yesterday situatiOn remams essentially unchanged Arthur J. Goldberg, who is seeking the but today he begins a two-and-a-hal!-day and the problem unsolved. I seriously Democratic nomination for Governor, said tour upstate that will take him to Binghamp doubt whether market conditions will be yesterday that if at least 90 per cent of the ton, Elmira., Olean, Salamanca, Jamestown, able to correct themselves when in fact air pollution caused by automobiles was not Buffalo and Niagara Falls. the dynamics of free enterprise have not eliminated by 1975, the state should ban the been permitted to operate. Can we rea internal combustion engine. THE COPPER INDUSTRY'S TWO so~a~ly expect a monopoly to yield to the "Removing 90 per cent of the pollution is legitimate needs of the independent fab within the scope of what the Detroit auto TIER PRICING SYSTEM makers can achieve," Mr. Goldberg said in ricators without Government action? proposing an 11-point air-pollution control The SPEAKER pro tempore. Under a The distinguished gentleman from program. "What we need to do is to nudge previous order of the House, the gen California eople who have visited me, Likewise, Moscow has decided to adopt a support shown for my most recent piece either singly or in groups, to voice their wait-and-see attitude. Kosygin reportedly of copper legislation, H.R. 17657, which listened sympathetically to Prince Sihanouk's opinions on President Nixon's decision complaints but advised him to do nothing was referred to the Interstate and For have been in violent opposition. eign Commerce Committee on May 18. I until the Indochina war is over. Much of my mail and many of my BRITISH OPINIONS am hopeful that we will move to con visitors have been constructive. Some sideration of this bill in August. K. S. Karol wrot e in London's New States Of prime importance at this time is a however, have impressed me as being ex m an on May 22: "The Russians obviously continuation of the suspension of cer cessively emotional and featured by "ar saw the Cambodian coup as something ir rogance founded on ignorance," as de reversible, like the m111tary putsch in Indo tain import duties on certain items of scribed with refreshing perspective by nesia five years ago." One might append to copper. We have had a suspension of C. L. Sulzberger in last Sunday's New to this comment that of the London Econ duties on certain items since February, York Times. omist's "Foreign Report." 1966, under Public Law 89-468, and it "Although men like Senator Fulbright and was continued under Public Law 90-515. Because I am sure that many of my Senator Kennedy have predictably denounced Unless the new legislation embodied in colleagues have been receiving similar the Cambodian operation as a folly and a H.R. 17241 is passed by the Senate be mail and visitors, I would like to share failure, the Russian leaders seem to take a fore June 30 of this year, a 1.1 cents per with them and other readers of the different view. They fear that the opera RECORD, Mr. Sulzberger's very pertinent tions will be all too successful (from the pound duty will be reimposed on a num Americans' standpoint) and be a turning ber of copper items which could seri and refreshingly candid comments. I hope that people who have found point in the Indochina war .... ously affect the domestic copper market, "The Russians never want to back a loser; and could cause critical problems to in themselves in sharp disagreement with and they are deeply afraid that in both Viet dependent fabricators and small busi the President will read this article and nam and Cambodia the Vietcong-and by nesses who have been forced to buy off heed Mr. Sulzberger's suggestion that extension Prince Sihanouk, who Is now total the world market or scrap market by the Hanoi may well be counting heavily on ly committed to the Communist side--are virtually monopolistic control a few vociferous U.S. opinion swayed by emo going to prove the losers. Mil1tar1ly, the Rus tion. The attitude of many Americans in sians attach the greatest importance to the domestic producers exert over the domes Cambodian sanctuaries." tic production and sale of the metal. opposition to President Nixon's decision to attack the Cambodia sanctuaries is in There Is obviously no doubt that the at The United States has been in recent tack against the Vietnamese Communist years a net importer of copper, and this interesting contrast to foreign reaction. sanctuaries in Cambodia ruined Hanoi's suspension of duties is absolutely neces As one who has supported the Presiden plans for any imminent military Initiative. sary. tial decision to attack the sanctuaries, I Brigadier W. F. K. Thompson, military corre The House passed H.R. 17241, intro of course take considerable comfort from spondent of the London Daily Telegraph, duced by my esteemed colleague from Mr. Sulzberger's comments. I have read writes: Michigan (Mrs. GRIFFITHS) On May 19. my mail carefully and have listened with "The American and South Vietnamese op erations in Cambodia have certainly achieved It is now in the Senate Finance Com much interest and patience as time per mitted to those who have visited me. Mr. their primary aim-to destroy the Commu mittee. I urge all my colleagues, and es nist ability to open a general autumn offen pecially the many who have contacted Sulzberger's observation that the general sive against Saigon and the Mekong Delta." me in support of my previous interest level of debate has often been more These are cold, factual analyses. Of course, in copper matters, to contact members marked by fevered vituperation than by they have nothing to do with the main of the Senate Finance Committee and cool intellectuality or exactitude is in my "front" as defined by Hanoi's strategy-U.S. stress the importance of the passage of opinion well founded and distressingly so. public and political opinion. This area, His article follows: clearly misjudged by the President and this bill. Kissinger's White House staff, produced enor A list of the duty on certain copper FOREIGN AFFAIRS: THE ARROGANCE OF IGNO RANCE-I mous uproar. items which will be reimposed if this Nevertheless, one must question the basis law is not renewed is as follows: (By C. L. Sulzberger) of this violent objurgation. There Is a mani Item No. 612.10.-Copper waste and PART 1-Just a month ago the President fest trend to decry anything advocated by scrap: Duty 1.1 cent per pound on 99.6 announced that American ground forces had Saigon as evll and to imply goodness to percent of copper content. been ordered Into Cambodia. At that time I anything advocated by Hanoi. President wrote: "I! Nixon can swiftly smash the sanc Thieu of South Vietnam Is lambasted as Item No. 612.02.-Copper precipitate, tuaries outside Vietnam without dangerous wholly nondemocratic in blissful unaware cement copper: Duty 1.1 cents per pound. escalation or confrontations elsewhere, he will ness of the fact that there has never been Item No. 612.03.-Black copper, blis ultimately emerge triumphant at home as a democratic government 1n all East Asia ter copper annode copper: Duty 1.1 well as overseas. Nothing succeeds like suocess since the dawn of time--least of all in cents per pound on 99.6 percent of cop but, 1f he falls; nothing falls like failure." Hanoi. per content. It is too soon to assay this move but, half Many pontificaters on these Issues have CXVI----+11128-Part 13 17906 CONGRESSIONAL RECORD- HOUSE June 2, 1970 taken little trouble to check their opinions struction of low- and moderate-income All the polls indicate that the public is against the facts, much less to think dis housing. Further, it would permit a sharp impressed with Mr. Nixon's domestic per passionately. The general level of debate has curtailment of other forms of credit, formance. He has avenues which he may often been more marked by fevered vituper safely follow if lecturing the economic an such as commercial paper, which are tagonists does not work. ation than by cool intelleotuallty or exacti far more infiationary. This measure re tude. Recessions eat away at the economy and CABALISTIC CATCH-ALL ceived almost unanimous approval in erode confidence in the most successful of Clearly "Indochina" has come to symbolize the House by vote of 358 to 4, yet the all economic systems. It is President Nixon's some cabalistic catch-all which transcends President, when signing the legislation, time to lead, and he is well equipped for anything involved in the horrid war and stated he would never exercise the au leadership. The hour has come to hear from which was unhappily minimized by Nixon's thority. Surely the time has now come to him. personal staff. Internal U.S. opposition in change that decision. cludes those obsessed with questions only Second, the President should at once VOTING AGE-A COMMENTARY ON tangentially related to Vietnam and going abandon his opposition to so-called jaw from race to pollution in illogical progres REPRESENTATIVE GOVERNMENT boning and establish national wage price BY THE CONCORD MONITOR sion. guidelines. At a time when demand in One cannot forget that Euripides cau FEEDING THE MILITARY PROPA Navy and Defense Army Marine Corps Air Force agencies Total GAJ~DA MACHINE: HOW MUCH IS ENOUGH? Legislative liaison______244 242 376 218 1, 080 (Mr. BINGHAM asked and was given Legislative affairs______1, 095 684 1, 442 284 3, 505 Office of Information; director's office, information permission to extend his remarks at this program and media operations ______------______I 2,144 2,144 point in the RECORD and to include ex American forces radio and TV services ______7, 955 l, 484 5, 036 4, 498 18,973 USAFI _------6, 522 6, 522 traneous matter.) Aerospace audio-visual services ______------______------____ -- __ --- 24, 504 __ _---- ____ .- _ 24,504 Mr. BINGHAM. Mr. Speaker, I have been concerned for some time about TotaL ______------9,294 2, 410 31,358 13,666 56,728 spending by the military for "public re lations" and "public information." The 1 The term Armed Forces information and education includes the U.S. Armed Forces Institute ($6,522,000) and the Office of I nfor military's own figures indicate that ex mation for the Armed Forces ($6,642,000) of which the American Forces Radio and Television Service {$4,498) is a part. penditures to "inform" the public of FuNCTIONS OF THE AEROSPACE AUDIO inimical to the free institutions upon which military actions and activities have re VISUAL SERVICE-AAVS the U.S. is founded; cently increased out of all proportion to The AA VS is a motion picture still photo Are fully aware of the threat of Com increases in the total military budget, and graph production agency. If the Air Force re munism; I have obtained new information which quires a film, it is the responsibility of this Realize the responsibilities and objectives suggests that total public relations and organization to produce it. For example, if of the individual military citizen through the Strategic Air Command needs a fl.lm to the use of all communications media, in public information spending by the mili cluding the production and distribution of tary may be much higher than the Pen explain its mission, AA VS will be contacted. These are used by the Air Force only; how motion pictures, publications, posters and tagon has ever admitted. ever, should a Congressman or a qualified support materials for Armed Forces news According to DOD figures, which I civic organization (such as the Kiwanis papers for use by the Military Departments placed in the RECORD during debate last Club) desire to show a particular fl.lm which in their respective internal information pro December on the fiscal year 1970 defense has been cleared for public exhibition, a re grams. This program is developed in con appropriation bill, the amount of mili quest may be made through Air Force Head junction with the M111tary Departments and quarters to the Office, Secretary of Defense includes such areas as Democracy;commu tary spending on public information and nism, World Affairs, U.S. and Friendly Mili relations over the last decade increased for Public Affairs Security Review. The AA VS has no authority to release materials tary Forces, Citizenship (including voting), by about 1,000 percent-from $2,755,000 to the national press or public media. Code of Conduct, Orientation for Overseas to $29 million-as compared with a 65- Duty, and Personal Affairs. percent increase over the same time OFFICE OF INFORMATION FOR THE ARMED 2. Continuous coverage of international, span in the Defense Department's total FORCES national and local U.S. news, seat of govern ment, military and sports news and special budge~from $43 billion to $76 billion. MISSION AND RESPONSIBILITIES events to U.S. military Dersonnel overseas. Just recently the Department of De The basic mission of the Office of Informa 3. General radio and television program fense revised its procedures for com tion for the Armed Forces (IAF) is to provide: materials for use by American Forces Radio puting expenditures in this area. As a re 1. An Armed Forces Information Program and Television stations representing the best sult of this revision, the Department now (AFIP) in support of the Military Services from American networks and industry. admits it spent $40.447 million on public and their internal information functions. 4. Policy and technical guidance governing affairs in fiscal year 1970 and is pro This program provides information products of common usage by the Services so that U.S. Armed Forces newspapers, Civilian Enter posing to spend $37.675 million during military personnel : prise publications and American Forces fiscal year 1971. These amounts are re Comprehend the values of our Government Radio and Television outlets and networks. ported on page 65 of volume III-Op and our National Heritage; 5. For the evaluation of information mate eration and maintenance-of the hear Understand both the freedoms they are rials for use in, and support of, the Military ings before the Defense Subcommittee, called upon to defend, and other ideologies Departments' internal information programs. 17910 CONGRESSIONAL RECORD- HOUSE June 2, 1970 6. Policy and operational guidance to all art for all IAF publications printed by GPo Last year the Congress expressly pro components of the Department of Defense to and monitors GPO for printing phase; sup assure a free flow of information to mllita.ry ports Production Service's twice-weekly pro hibited DOD propaganda unless specifi personnel. graining; provides support for briefings; and cally authorized by Congress. However, it 7. For the development of long-range handles the reprint program of the Military appears that more stringent restrictions plans supporting the objectives of the Armed Services. will have to be placed on the Pentagon's Forces information Program. 5. Armed Forces Production Service pro tendency to advertise its own actions and OPERATIONAL ELEMENTS AND SCOPE OF duces and distributes approximately 100 video to promote its own causes. ACTIVITIES taped programs for dissemination to Ameri can Forces Television stations and other A. American forces radio and television Military Services for direct viewing. These service WILMINGTON, N.C. include Television Journal, a half-hour news 1. AFRT&-Los Angeles--Provides the program produced weekly on activities in party," the result of armed resistance to the TESTIMONY OF CHARLES L. SCHULTZE, SENIOR in the context of how such changes would British which began more than eight years FELLOW, THE BROOKINGS INSTITUTION 1 BE affect the resources available for other pro before the Boston affair. In the 19th century FORE THE JOINT ECONOMIC COMMITTEE, JUNE grams. We could simUarly evaluate long-term Wilmington became the most populous and 1, 1970 changes in the tax laws. Had it been quite commercial town in North Carolina, and The term "pri-orities" has become, in the clear in 1969, for example, that the so-called was the last surviving port of the COnfed last year or so, an "in" word. Calling for a tax reform bill would preempt some 40 per eracy. The fall of Fort Fisher, now a national reallocaJtion of national priorities is now a cent of the free budgetary resources other monument, helped seal the Civil War fate standard theme in the rhetoric of both the wise available in 1975 for expanding public of the south. establishment and the student activists. education, pollution control, health serv Today, for visitors, Wilmington has a well What is often forgotten is that the term ices, and similar programs, I suspect the defined historic section and has officially "priority" implies a choice. T<> have more of final action of the Congress may have been preserved an area rich in architecturally and one thing, we must give up something else. quite different. historically distinctive homes and pre-Civil If we could achieve all our objectives simul Making decisions with full information War churches. The Cornwallis House, which taneously, there would be no need to set about their long-term budgetary conse served as Lord Cornwallis' headquarters dur priorities, no need to make difficult choices. quences, and with full knowledge of how ing the Revolutionary War, is open to visi Realloc&ting national priorities, therefore, is one choice forecloses others, will not neces tors. Equally noteworthy are St. John's Art a double-edged concept-it not only involves sarily guarantee that decisions will be wise Gallery and the gracious ante-bellum home a. decision about what we want most, it also or just or rational. But at least it would known at the Bellamy Mansion. Two fine old involves a. decision about what we want least. mean that national priorities could be es churches in the historic area are St. James Insofar as the public sector of the economy tablished consciously and explicitly rather Episcopal and First Baptist Church. is concerned, setting priorities has two than growing randomly and inconsistently The U.S.S. North Carolina, a World War aspeots: First, we must decide between pub out of piecemeal actions. II battleship, is a reminder of more recent lic goods and private goods. To increase the SOme beginnings have been made recently history. It is permanently berthed at the port share of national income going to public pur in providing the framework of information of Wilmington, and each summer evening is poses--education, pollution control, income within which explicit priority decisions can the scene of a sound and light production maintenance and the like-we must decrease be made by the Executive and the Congress. which recreates the ship's eventful past. the share going to private purposes. In turn The 1970 Report of the Council of Economic Wilmington is famous for its Greenfield this involves a decision about taxes; it is Advisers and the 1971 Budget document con Gardens, with its moss-laden cypress trees through tax policy that we make a choice be tained, for the first time, a five-year projec and five mile Lakeshore Drive, and for its tween public and private goods. Second, tion of budgetary resources and claims upon annual Azalea Festival. In the realm of within the public sector we must choose those resources. About a month ago, several sports, Wilmington is proud of its two pro among alternative patterns of public spend of us at the Brookings Institution made a fessional quarterbacks-Roman Gabriel of ing, among agricultural subsidies, military similar projection, in somewhat more detail, the Los Angeles Rams and Sonny Jurgensen budgets, aid to education, SST's, manpower and accompanied by some examples of how of the Washington Redskins. The city's PGA training, and so on. The more we devote to the projection would be affected by the sanctioned Azalea Open Golf Tournament meeting one objective, the less we have to adoption of alternative military postures and adds to the long list of attractions for tour meet others. agricultural price support policies. In this ists. They come all year to enjoy the beaches, Establishing national priorities, therefore, testimony I should like to summarize briefiy the city and surrounding countryside, and is a painful exercise, for it requires us not the results of that projection and then sug along the way discover what citizen action only to determine th<>Se things we need and gest, a bit presumptuously perhaps, several can accomplish. They find an area with fully want as a nation, but what we must do with ways in which the Congress might improve developed educational and medical resources out to get them. upon and utilize such projections as an aid and a progressive attitude. When they leave, There are several different ways in which towards a more conscious establishment of they have a better idea of what an AU-Ameri we can set national priorities, one clearly national priorities. can city is like. superior to the other. The patterns of pub PROJECTION OF FUTURE BUDGETARY lic spending can grow like Topsy, as the un CONDITIONS intended result of individual decisions taken STATEMENT ON NATIONAL PRIOR piecemeal. Most decisions in the area of pub The first step in creating a framework ITIES OF CHARLES L. SCHULTZE, lic spending have their major budgetary con within which to make priority judgments sequences long after the decisions themselves consists in estimating the free budgetary SENIOR FELLOW, THE BROOK resources becoming available for discretion INGS INSTITUTION, BEFORE THE are taken. As a consequence, we can vote $100 million for the nuclear reactors of an ary use in future years under current tax JOINT ECONOMIC COMMITTEE, attack carrier without realizing that this laws and expenditure policies. More specifi JUNE 1, 1970 decision carries with it more than $1¥2 bil cally, this requires a projection of (1) federal revenues under current tax laws and (2) 1n> would be added to the fiscal dividend in posture would, unlike current policy, not seek Total expenditures •••• ------====2==01===25==3== 1975, more than doubling it. This would not to go beyond assured destruction capab111ty imply an absolute decline in private spend Difference between revenues and and would estimate the forces needed for expenditures______1 23 ing it would simply grow a bit more slowly such capability in somewhat more reason Less budget surplus needed to reach than would otherwise be the case. (In the able terms. In particular the alternative pos national housing goals______10 original projection, federal revenues would ture would reduce the ABM to a research absorb .about $70 billion of the $350 billion Fiscal dividend. ___ ------13 effort, stretch out but not cancel the deploy rise in GNP from 1971 to 1975; the remain ment of MIRV's, postpone indefinitely the ing $280 billion would be available for pri procurement of a new manned strategic Source: Adapted from Charles l. Schultze with Edward K. vate and state and local spending. With tax bomber, and substantially reduce the con Hamilton and Allen Schick, "Setting National Priorities: The rates increased to raise the 1975 federal share 1971 Budget" (Brookings 1nstitution: 1970), table 6-5, p. 186. tinental air defense system as a weapon di to 21 percent of GNP, federal revenues would rected against a. nonexistent threat. The There will be, then, on the basis of these absorb $84 billion of the $350 billion increase, United States would still be left with an projections, a residual of about $23 billion still leaving $266 billion for other uses.) awesome nuclear deterrent: more than 4,000 the gap between revenues and already com Third, we can decide that some current deliverable nuclear warheads, carried on mitted expenditures. But not all of this will programs serve lower priority needs or ful three distinct delivery systems-1,054 per be freely available to pursue high priority fill those needs inefficiently and reallocate haps vulnerable land-based missiles; 656 domestic programs of the fedeTal government budget resources from those programs to partially MIRV'd and invulnerable submarine or for tax reduction purposes. In 1968 the higher priority purposes. systems; and 800 B-52 bombers. Congress, after examining the data on the As an illustration of this last possibility, These changes in defense posture represent rate of new family formation and on the con the study we published last month included only a few of the possibilities. But they illus dition of the housing stock, set out as a goal a number of alternative military budgets, strate the kind of tradeoffs between the de for the nation the construction of some 26 based on several different sets of possible de fense and civilian budgets which are in million housing units in the decade of the fense postures. I will not attempt to spell volved in the priority-setting problem. The 1970's. The Nixon Administration has adopt those out in detail but will summarize one particular changes, for example, would add ed the goal, with some modifications. But it particular alternative as an example of the $17 billion, or 150 percent, to the :fiscal div is most unlikely that this goal of building way in which questions of priorities can be idend in 1975. 2.6 million housing units a year can be met posed. More generally, a projection of budget rev unless the federal government, under condi Given the price and wage assumptions in enues, expenditures, and the fiscal dividend tions of high employment prosperity, runs a. cluded in the projection and assuming a simply provides a framework within which substantial budget surplus, which I have complete phase-out of the U.S. military pres the three basic types of priority decisions put conservatively at $10 billion per year. ence in Vietnam, the milltary budget in 1975 can be debated: Under economic circumstances likely to exist should be in the neighborhood of $74 billion, Deciding the division of national resources during prosperity in the next five years, fail barring major changes in strategy and force between the public and private sector, which ure to run a budget surplus would generate levels. This compares with a projected budget basically comes down to making tax policy; such tight money and high interest rates of $72 b11lion for fiscal 1971. In other words, Comparing the merits of maintaining cur that housing construction would not reach rising prices, wages and military retire rent spending programs against the poten the 2.6 mlllion per year goal. On the basis of ment costs will roughly offset the decline in tial expansion of selected social programs; the projections in its latest Economic Re outlays due to a. phase-out in Vietnam. Making priority judgments about the use port, President Nixon's Council of Economic One set of alternative milltary policies of the fiscal dividend which finally emerges Advisers appears to agree with this conclu could produce a reduction in the military from the :first two sets of decisions are sion. budget of some $14 billion in today's prices made. Granted the need for a budgetary surplus and $17 billion in prices expected to prevail of this rough magnitude, then, the fiscal in 1975. There are two major elements of CONGRESSIONAL PROCEDURES FOR ESTABLISHING dividend available to meet high priority do these changes: PRIORITIES mestic needs by 1975 will total only $13 bil 1. The conventional forces of the United In a democratic form of government, the lion. This is less than one percent of the States were, pre-Vietnam, built to provide the setting of national priorities must always re gross national product projected for that capability of carrying on simultaneously the main an essentially political process and year. Or to put it another way, although the initial, pre-mobilization, stages of 2% wars: emerge from the advocacy, bargaining, and federal government disposes of 20 percent of a major NATO war, a Chinese attack on our compromise which characterize political de the national income, built-in commitments allies in Asia, and a minor contingency in cision-making. Choosing among alternative and the cost of the defense program-assum- the Western hemisphere. The budgetary cost objectives and deciding how much of the na- June 2, 1970 CONGRESSIONAL RECORD- HOUSE 17913 tion's resources to allocate to each 1s not tunity arose, the implications of some of its the moon and perhaps the intriguing in something which can, or should, be done by studies and hearings conducted during the terest of the earth from a distance in formula or by consensus among experts. At prior year, insofar as they are related to mat space, as benefits derived from our space the same time, however, the political bar ters of priorities in public spending. gaining process can either be an informed I do not suggest that the development and program, which has cost many billions one, in which choices are hammered out with presentation of alternative projections by of dollars. Those who are informed know knowledge of their consequences, or it can the Committee would prove to be any pan that, in addition to these and, to the operate in the dark, implicitly setting prior acea. But it would provide a much needed gains which are well known from the ities which none of the participants con source of information and an overall frame space program, much other knowledge of sciously intended. The kind of budgetary work for congressional committees in their immeasurable significance has been de projections and presentation of major alter work during the year. rived from our space efforts-knowledge natives which I have described can, I believe, Second, because the foredgn policy com which will be of incalculable value to our contribute to a better informed, more con mitments and military posture of the United country and mankind. scious, and more explicit exercise of the po States have such a major effeot on the estab to litical process in establishing national prior lishment of priorities, I would like to repeat An interesting statement of such addi ities. I should like to examine, therefore, a suggestion I made before this Committee tional benefits was given in an address some ways in which the Congress can itself in testimony a year ago. I believe there made to the Society of Technical Writers provide and take advantage of this kind of should be established within the Congress a and Publishers and Artists at Huntsville, information. Not having served in either non-legislative committee which, each year, Ala., October 21, 1969, at their annual body, my suggestions may seem presumptu would review the nation's basic military pos convention by a very capable and lovely ous. Nevertheless, let me run that risk and ture, force levels, and planning assumptions in the context of our evolving foreign policy lady, a devoted friend to Mrs. Pepper and plunge ahead. me, Mrs. Ruth E. Giller of Cocoa, Fla. In the first place, insofar as the considera interests and overseas commitments. This tion of particular issues is concerned-the committee would not, by any means, be de Mr. Speaker, I include her speech, to development of a specific public program or signed to absorb the work of the Armed gether with an excerpt from the Orlando the appropriation of funds to an individual Forces and Foreign Relations Committees of Sentinel of May 3, 1~70, in the RECORD activity-the committee system of the Con the two Houses of Congress. Rather, it would immediately following these remarks: review the fundamental interrelationships of gress has much to recommend it. Members You BETTER BELIEVE IT become quite familiar with particular subject our foreign and defense policies, provide a areas. Both formal hearings and informal critical analysis of those policies, and seek (By Ruth E. Gd.ller) contacts provide opportunity for experts and to present for the Congress the major alter Ladies and Gentlemen, you've heard the interested parties to be heard. In my own native courses of action open to the nation. story about the doctors: they're always say view, given the complexities of modern leg This new committee slwuld also seek to ing that whenever a woman who comes up islation, the staffing of individual commit translate the alternatives into budgetary to them tells them, "Oh, you know doctor, tees is inadequate and increases in staff re terms, at least in rough orders of magnitude, I would just love to have been a doctor, sources would improve the process. Neverthe and it works could form an input into the something I've always wanted to do all my less, this is an improvement which requires long-range budgetary projections which I life." Well, I'll tell you a secret, I would no fundamental restructuring or major in have suggested that the Joint Economic like to be a technical artist, but I've been novation, but simply a decision on the part Committee undertake. thwarted in my ambitions. In fact the last of the Congress to take action. Third, the Congress should require that time I tried, they told me they didn't have There is another large area, however, Public Law 801 be more strictly observed any money to pay me. Through the cen where congressional procedures are quite and, if necessary, modified. Public Law 801 turies man's greatest scientific efforts and weak and indeed outmoded. There are no requires that each piece of new legislation be advances have come through military means. existing means of relating a wide range of accompanied by a statement of its budgetary We've responded to the pressures of war. individual decisions to each other in a con costs over a five-year period. In most cases, World War I served to get aviation off the sistent way. As I have repeatedly stressed, however, this information does not now ac ground. World War II gave us the growth of setting priorities is primarily a matter of company the submission of new legislation. electronic equipment, computers, radar, so making choices. And given limited resources, To be sure, it is difficult to know on exactly nar. In fact, the only thing which comes to choosing one course of action precludes what grounds the projection of five-year mind as not having needed wartime impetus others. Each choice--including the choice of costs should be made. Basically, the cost esti is the development of the automobile in leaving existing programs and tax laws in mate should indicate what level of outlays dustry, because they tell me that it was the tact--has a cost in terms of opportunities the government is committing itself to. It necessity for a truck which oould go faster need not be a forecast of how the program than 10 miles per hour to outrun the rev foregone. Only in the light of overall re enue officers during prohibition which got source availabilities and alternative patterns might grow by future action of Congress. Only the future implications of current deci the automobile industry off the ground. An of resource use can individual decisions be other thing, penicillin-it had been gather interpreted from a priorities standpoint. sions are relevant. And, if the program 1s to be authorized for less than five years, the five ing dust on the laboratory shelves for years I believe there are a number of ways the year projection can, barring specific reasons until the necessity for something to control Congress can provide an overall priorities to the contrary, assume that the program battle wounds, the infection from battle oriented information system, as an aid bOth will continue at the level reached in the last wounds in World War II. But, what has come to its individual committees and to itself year of the authorization period. from nonwarlike events? As a matter of fact when acting as a whole. If each new program were accompanied by the space effort is the only thing which has First, the Joint Economic Committee a five-year estimate of budgetary costs, it come to us in recent years that was pro should undertake to develop its own long would then be possible to relate those costs moted by neither war-making nor law break run budgetary projections. These projections to the overall five-year projections prepared ing. And this is where we are today. could be developed, in part at least, out of by the JEC. In this way the Congress would Thirty-two billion dollars and 42 pounds hearings devoted to the projections which be in a better position to evaluate the impact of rock-Is that the sum total of the space have begun to be published in the Economic of each of its actions on others and on the program? Now I know there isn't one of you Report and the Budget. The Committee emerging patterns of public spending. in the room who feels that way, but did you could also refer to outside projections, such The suggestions I have made are in one know that Mr. John Q. Public thinks so? The as those I presented earlier in this testimony. sense quite limited. They do not provide a man in the street thinks that this is the While the Committee's projections would means for guaranteeing that priorities are case. Are you, even as professionals, involved probably not, in the aggregate, differ sharply wisely chosen. But they would, I believe, help with your own little slot in aerospace? Do from those presented by the Administration, to insure that decisions are taken with fuller you know what's happened to the thing that the Committee could provide for the Con knowledge of their consequences. And this 1s you produced for aerospace when it got down gress a critical review of the key assumptions at least a small step toward more rational to the general public? This is where we have being made. Even more importantly, the decision-making. all been lacking. This is our biggest problem Committee could, in its projections, empha to date, telling the general public about the size several points: (1) the five-year cost of spinoffs of the space program. In fact one the legislative package being J)l"esented by YOU BETTER BELIEVE IT of the most popular games nowadays is the the President and its relationship to the game of completing the following sentence: overall totals; (2) an analysis of the priority EXTENSIO·NS OF REMARKS THE CAMBODIAN SITUATION THE PRESIDENT AND CAMBODIA it will have a direct effect upon the war Mr. GURNEY. Mr. President, we are engaged effort, favorably or unfavorably. It has be in debate here in the Senate on the so come the longest war in the history of the HON. EDWARD J. GURNEY called Church-Cooper amendment to the country. It has become one of the most OF FLORIDA controversial. It has become one of the most Foreign Military Sales Act. I do not doubt unpopular. It has become one of the most IN THE SENATE OF THE UNITED STATES that historians in years to come will look expensive. Not only has it aroused great Tuesday, June 2, 1970 upon this debate, and the vote here in the controversy at home, but it has precipitated Senate upon this matter, as one of the most similar division of opinion abroad. Mr. GURNEY. Mr. President, I ask important debatPs and one of the most sig The President of the United States, under unanimous consent to have printed in nificant decisions to come before this body the Constitution, is the Commander in Chief the RECORD remarks ! made recently on in the long history of this Republic. of the Armed Forces of this Nation. the Cambodian situation, the President's Why is this matter of such grave impor In World War II, it was President Roosevelt tance to this Nation? Because it involves who ·~Itimately had to make the decision to conduct of the war, and the Cooper the fundamental constitutional war responsi land troops in North Africa and then in Church amendment. bilities of the Presidency as well as what role Sicily and Italy, and then on the beaches in There being no objection, the remarks should be played by the Congress in general Normandy. :twas he who made the decision and the Senate in particular during wartime. were ordered to be printed in the RECORD, to begin the war in the South Pacific on The words here said and the vote here taken the Island of Guadalcanal, to make the at as follows: are also of tremendous significance because attack on Iwo Jima, Saipan, and Okinawa.