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

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 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. 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

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 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

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.