39202 CONGRESSIONAL RECORD - SENATE November 4, 1971 SENATE-Thursday, November 4, 1971 The Senate met at 12 meridian and was the diplomatic and Foreign Service, growth during the year. It was not antici­ called to order by the President pro tem­ which had been placed on the Secretary's pated that FSLIC reserves would fall to 1.75 until 197!3 or 1974--by which time the Con­ pore (Mr. ELLENDER). desk. gress would have worked out a more perma­ The PRESIDENT pro tempore. With­ nent and stable method of maintaining an out objection, the nominations are con­ adequate FSLIC financial structure. There PRAYER sidered and confirmed en bloc; and, with­ has been, however, an extraordinary increase The Chaplain, the Reverend Edward out objection, the President will be in insured savings in 1971 (which has been L. R. Elson, D.D., offered the following immediately notified of the confirmation extremely helpful in stimulating home build­ of these nominations. ing) and the reserve ratio may drop to 1.75 prayer: or slightly below by December 31, 1971. The God of grace and God of glory, to whom reserve ratio decline is solely the function a thousand years are but as 1 day, we of the increase in savings and does not re­ pray that we may live in the light of LEGISLATIVE SESSlON flect a reduction of dollar reserves. By changing the 1.75 in existing law to past wisdom with faith in Thee to labor Mr. MANSFIELD. Mr. President, I 1.60, the triggering of the prepaid premiums for the new world yet to come. Looking move that the Senate resume the con­ can be postponed for a year, giving Congress backward, may the past warn us by its sideration of legislative business. enough time to review this matter and time failures, instruct us by its successes, in­ The motion was agreed to, and the to devise a permanent system for genera.ting spire us by its sacrifices. Looking forward, Senate resumed the consideration of FSLIC reserves. This amendment would may we behold the ultimate world of jus­ legislative business. leave the FSLIC reserves at a very adequate tice, peace, and righteousness. Looking level-substantially above the 1.25 reserves upward, may we find in Thee the source existing for the Federal Deposit Insurance of our strength and the power for Corporation. achievement. Make this body one in pur­ AMENDMENT TO THE NATIONAL No objection has been expressed to this HOUSING ACT amendment, the effect of which is simply to pose and in dedication to the people's prevent an unanticipated diversion of sev­ welfare, that it may speak where they Mr. MANSFIELD. Mr. President, I eral hundred million dollars of housing funds would speak, act where they would act, ask unanimous consent that the Senate from prepaid premiums which are not neces­ and in all things great and small do that proceed to the consideration of Calendar sary. which is pleasing in Thy sight. No. 416, S. 2781. The committee recommends favorable con­ We pray in the Redeemer's name. The PRESIDENT pro tempore. The bill sideration of this bill by the senate. Amen. will be stated by title. The ass>istant legislative clerk read as follows: PROGRAM FOR THE REMAINDER THE JOURNAL s. 2781, to am.end section 404(g) of the OF THIS SESSION Mr. MANSFIELD. Mr. President, I ask National Housing Act. Mr. MANSFIELD. Mr. President, for unanimous consent that the reading of The PRESIDENT pro tempore. Is there the information of the Senate, it is antic­ the Journal of the proceedings of objection to the present consideration ipated that the next order of business Wednesday, November 3, 1971, be dis­ of the bill? at the conclusion of the morning hour pensed with. There being no objection, the Senate today will be S. 1977, a bill to establish The PRESIDENT pro tempore. With­ proceeded to consider the bill, which was the Oregon Dunes National Recreation out objection, it is so ordered. ordered to be engrossed for a third read­ Area in the State of Oregon, and for ing, was read the third time, and passed, other purposes. This will be followed by COMMI'ITEE MEETINGS DURING as follows: H.R. 5060, an act to amend the Fish and SENATE SESSION Be it enacted by the Senate and House of Wildlife Act of 1956, and so forth. Representatives of the United States of That will conclude the business for Mr. MANSFIELD. Mr. President, I ask America in Congress assembled, today. unanimous consent that all committees SECTION 1. Section 404(g) of the National It is the intention of the joint lead­ may be authorized to meet during the Housing Act is amended by striking out "1%" and substituting in ldeu thereof "1%", ership at that time to lay before the .session of the Senate today. Senate S. 986, the so-called wan·anties The PRESIDENT pro tempore. With­ Mr. MANSFIELD. Mr. President, I ask bill, which will be taken up tomorrow . •out objection, it is so ordered. unanimous consent to have printed in Whether that bill can be completed to­ the RECORD an excerpt from the report morrow remains to be seen. If not, (No. 92-420), explaining the purposes of my guess is that Monday will be the the measure. time when it is finally disposed of, if EXECUTIVE SESSION There being no objection, the excerpt then. Mr. MANSFIELD. I ask unanimous was ordered to be printed in the RECORD, Following that, the Senate will take .consent that the Senate go into executive as follows: up the agreement with Japan concern­ session to consider nominations on the PURPOSE OF LEGISLATION ing the Ryukyu Islands and the Daito Executive Calendar, under "New Re­ The purpose of this amendment is to pre­ Islands. ·ports." vent an unintended call for prepaid pre­ Mr. President, I ask unanimous con­ There being no objection, the Senate miums to the Federal Savings and Loan In­ sent that on Tuesday next, November 9, proceeded to the consideration of execu­ surance Corporation by member savings and 1971, when the Senate convenes, the tive business. loan associations. Unless amended, the pres­ treaty be made the pending business. The PRESIDENT pro tempore. The ent law, that is section 404(g) of the Nation­ The PRESIDENT pro tempore. Is there nominations on the Executive Calendar al Housing Act, would require savings a.nd objection to the request of the Senator loan associations to divert up to $400 million will be stated. of housing funds into payment of prepaid in­ from Montana? The Chair hears none, surance premiums. and it is so ordered. Mr. MANSFIELD. Mr. President, fol­ BACKGROUND lowing the disposal of the Japanese NOMINATIONS PLACED ON THE Present law requires that if the ratio of treaty, it is anticipated that the tax SECRETARY'S DESK-IN THE the Federal Savings and Loan Insurance Cor­ poration reserves to insured savings falls be­ package requested by the administration DIPLOMATIC AND FOREIGN SERV­ will be available and, at about the same ICE low 1.75 by December 31, of a given year, member savings and loan associations are time, the phase II package will be ready The assistant legislative clerk pro­ required to commence prepaid insurance for consideration by the Senate. ..ceeded to read sundry nominations in premiums equal to 2 percent of their savings After that, of course, we have other November 4, 1971 CONGRESSIONAL RECORD-SENATE 39203 legislation, but we cannot lose sight of to be in session the remaining two Sat­ sent that it be printed at this point in the the two Supreme Court nominations urdays prtor to Thanksgiving Day, if we RECORD. which should be reported to the Senate, hope to get out sine die by Thanksgiv­ There being no objection, the editorial I would hope, by the end of next week. ing Day or no later than December 1, was ordered to be printed in the RECORD, There are also four appropriation 1971? as follows: bills, sundry conference reports, a for­ Mr. MANSFIELD. Yes, indeed. I am BACK TO THE DRAWING BOARD eign aid bill, and perhaps the equal op­ glad the distinguished majortty whip, The U.S. Senate shocked the President, portunities bill, so-called, an act to the Senator from West Virginia (Mr. much of the world and Usel! Friday when it further promote equal opportunities for BYRD ) , has brought that out, because he voted to kill the $3.5 billion foreign aid au­ American workers. has reminded me of an agreement which thorization bill. The shock may well prove Then, of course, there is the Voter we have had among the joint leadership to sting less than it invigorates. Registration Act, which was ordered re­ that while we will not meet this Satur­ It was about time the Senate took a hard look a.t the U.S. foreign aid program, which ported by the Committee on Post Office day, because the calendar will be pretty is based on policies and practices conceived and Civil Service yesterday or the day well cleared up, beginning next Satur­ during the chillier moments of the Cold War before. day and every Saturday from there on and frozen rigid ever since. The bills have All of these matters, Mr. President, out, as long as we are in session, if it is come down every year reflecting the bureau­ may or may not be brought up at this not too long, we will meet, because we do cratic Echizophrenia of a policy that seeks session, but I believe the Senate should have the two Supreme Court nomina­ simultaneously the preservation of the status be placed on notice and should under­ tions and we do have the four appropri­ quo and economic and sccial change. The stand that the joint leadership--and I ation bills which have yet to be initially authorization bill defeated Friday, for ex­ ample, was 55 per cent devoted to t he cause emphasize the word "joint"-is trying to considered by the Senate and we are of the status quo. For that's the percentage do its very best to complete legislation waiting for the House to act on them. of the money involved that would have gone which is before the Senate and hopes We also have the President's tax pro­ to military aid. Sen. Frank Church (D­ there will be no further requests for gram and the President's phase II pro­ Idaho) , who was in the forefront of the op­ slowdowns or postponements, because gram, all vitally important, as well as position, called the program "a grotesque if we are going to meet the goal of sine the other pieces of legislation which money tree" that would have furnished "aid die adjournment by December 1, 1971, it have been discussed this morning. a n d comfort to repressive governments all will be quite difficult anyway, and will I repeat that I would hope that all over the world." a We agree with Church and we hope he was take collective effort on the part of Senators would work together to the end right when he said: "Last night's vote finally the entire Senate to do so. that we can, if possible, adjourn sine die got the message across. Now that we have I would hope, therefore, that Senators around the first of December. To do that the administration's attention, perhaps we who, for personal reasons, do not want is going to take some accommodation on can go back to the drawing board." A major to consider a certain piece of legislation the part of all Senators. I anticipate rethinking of the entire program is overdue. on a certain day, or cannot be in Wash­ that that accommodation will be forth­ For too long, the program has been viewed ington on a certain day, will just take coming. in narrow terms that saw virtue and oppor­ their chances, as the joint leadership tunity in any nation promised to resist com­ has itself done down through the years. munism, regardless of the use to which funds PERIOD FOR THE TRANSACTION OF were put. In many cases, America gained The joint leadership has never asked ROUTINE MORNING BUSINESS promises of support from militaristic leaders for anything to be held up when either at the expense of deep hostllity from the the distinguished Senator from Pennsyl­ The PRESIDENT pro tempore. Under the previous order, there will now be a people themselves. This kind of short-sighted vania (Mr. ScoTT) or the Senator fTOm bilateral "diplomacy" could well be replaced Montana now speaking were absent. We period for the transaction of routine through international development agencies do not intend to do so. We will take our morning business for not to exceed 30 designed to provide assistance to the needy, chances and I would ask that all other minutes, with statements therein limited period. Senators take the same kind of chance to 3 minutes. NEW APPROACH NEEDED the joint leadership does in the interest The Senator from Idaho is recognized. Now that the Senate has demonstrated its of expediting the legislation, in the in­ unwillingness to approve discredited old policies, the administration and Congress terest of the Senate as a whole, collec­ BACK TO THE DRAWING BOARD have a rare chance to use some of the insights tively, and in the interest of, maybe, ON FOREIGN AID available in a bookcase-full of recent studies making it possible finally to achieve a Mr. CHURCH. Mr. President, there can aimed at improving efforts to help the de­ sine die adjournment by December 1, be no doubt that the 41-to-27 vote against veloping countries of the world. There is, for 1971. foreign aid last Friday is one of the bold­ example, an assessment of 20 years of de­ Mr. BYRD of West Virginia. Mr. est actions the Senate has taken in velopment aid produced by the World Bank­ President, will the distinguished majority sponsored Commission on International De­ years. velopment in consultation with 70 govern­ leader yield? Yet, as one who strongly supported the The PRESIDENT pro tempore. Does ments. And President Nixon has the results vote against foreign aid as it is presently of "a new U.S. approach to aid for the the minority side wish to be heard? administered, I must say that the re­ 1970s" worked out by his Presidential Task Mr. PACKWOOD. Mr. President, I sponse I have so far received has been Force on International Development. yield time to the distinguished majortty most gratifying. The people of this coun­ These reports, and there are many more, whip. try, in their good commonsense, know suggest ways of reorganizing and revitalizing Mr. BYRD of West Virginia. I thank foreign aid. There is a chance to make a new that it is time for a new look at foreign beginning, to address the world once again the distinguished Senator. aid, and they support the action we took. Mr. President, including Saturdays, 16 in the spirit of enlightened self-interest so days remain, with the exception of Sun­ An excellent example of the press re­ well expressed by John F . Kennedy in his action to the vote is contained in an inaugural address. days and this coming Saturday, prior to editorial which appeared Tuesday in Said Kennedy: "To those peoples in the Thanksgiving Day. Newsday, published on Long Island. huts and villages of half the globe struggling I would ask the distinguished major­ The editortal noted: to break the bonds of mass misery, we pledge ity leader this question: Will there not It was about time the Senate took a hard our best efforts to help themselves, for what be such an a.mount of work, once the look at the U.S. foreign aid program, which is ever period is required-not because the President's economic package comes to based on policies and practices conceived Communists may be doing it, not because we the floor-phases I and II-and consid­ during the chimer moments of the Cold War seek their votes, but because it is right. If ering the two nominations to the Su­ and frozen rigid ever since. The bills have a free society cannot help the many who are preme Court, the Defense appropriation come down every year reflecting the bureau­ poor, it cannot save the few who are rich." bill, the District of Columbia appropri­ cratic schizophrenia of a policy that seeks ation bill, and the supplemental appro­ simultaneously the preservation of the status priation bill-will there not be such a quo and economic and social change. QUORUM CALL workload as to make it absolutely nec­ Mr. President, I commend the editorial Mr. MANSFIELD. Mr. President, I sug­ essary, excepting this coming Saturday, to the Senate and ask unanimous con- gest the absence of a quorum. 39204 CONGRESSIONAL RECORD - SENATE November 4, 1971 The PRESIDING OFFICER (Mr. testing a.nd evaluation center; to provide components of this bill have been in­ GAMBRELL) . The clerk will call the roll. for a Federal Drug Compendium which lists troduced separately in previous years, all prescription drugs by their generic names new and important provisions are in­ The second assistant legislative clerk a.nd which provides relia..ble, complete, and proceeded to call the roll. readily accessible prescribing information; cluded to insure, first, that the prescriber Mr. MANSFIELD. Mr. President, I ask to provide for a formul·a.ry of the United has ready access to complete and objec­ unanimous consent that the order for the States; to provide for quality control for tive information about drugs to enable quorum call be rescinded. drugs paid for with Federal funds; to pro­ him to prescribe in a rational manner; The PRESIDING OFFICER. Without vide for the registration of drugs; to pro­ second, that the consumer will be as­ objection, it is so ordered. vide for the certification of certain drugs sured of the best drugs available, prop­ Is there further morni:pg business? other tha.n insulin and antibiotics; to pro­ erly tested for safety and efficacy at the vide for the regulation of sample drugs; a.nd lowest cost possible-the result of ra­ for other purposes. Referred to the Commit tee on Labor a.nd Public Welfare. tional prescribing; and third, that the MILITARY CONSTRUCTION APPRO­ manufacturers will advertise their prod­ PRIATIONS, 1972-APPOINTMENT ucts only for the conditions of use for OF ADDITIONAL CONFEREES STATEMENTS ON INTRODUCED which the drug was approved. Mr. MANSFIELD. Mr. President, I ask BILLS AND JOINT RESOLU- Significant provisions of the bill are as unanimous consent that the senior Sen­ TIONS follows: ator from Louisiana (Mr. ELLENDER), the TITLE I: NATIONAL DRUG TESTING AND EVALUA­ By Mr. HANSEN: chairman of the Appropriations Com­ S. 2810. A bill to amend title 38 of TION CENTER mittee, and the senior Senator from Title I provides for the establishment. North Dakota (Mr. YouNG), the ranking the United States Code to liberalize the provisions relating to payment of de­ of a National Drug Testing and Evalua­ minority member of the Appropriations pendency and indemnity compensation; tion Center which shall be operated as a Committee, be appointed as conferees on part of the Food and Drug Administra­ H.R. 11418, the military construction ap­ and S. 2811. A bill to amend title 38 of the tion subject to the supervision and con­ propriation bill. United States Code to liberalize the pro­ trol of the Secretary of Health Educa- The PRESIDING OFFICER. Is there tion, and Welfare. ' objection? The Chair hears none, and it visions relating to payment of disability and death pension, and for other pur­ The Secretary shall be responsible for is so ordered. poses. Referred to the Committee on conducting all tests or investigations on Veterans' Affairs. new drugs submitted to him for approval UNANIMOUS-CONSENT AGREE- Mr. HANSEN. Mr. President, on No­ in order to determine whether such new MENT-AUTHORITY FOR SECRE­ vember 8, the Senate Committee on Vet­ drugs should be approYed for commercial TARY OF SENATE TO MAKE erans' Affairs will consider legislation to distribution and shall be responsible for CHANGES IN ENGROSSMENT OF update veterans' pensions for veterans conducting tests or investigations on H.R. 11423 and their survivors. drugs which have been approved to de­ termine whether approval of such drugs Mr. MANSFIELD. Mr. President, I · Today, I introduce two bills, dealing with veterans' pensions in order that should be withdrawn or conditioned. ask unanimous consent that, in the en­ Although the center will do some test­ grossment of the Senate amendment to they might be printed and available for consideration by the committee. ing itself, the Secretary will be author­ H.R. 11423, the Secretary of the Senate, ized to contre..ct out such studies to in section 4, line 5, be authorized to This action is intended to provide the committee with alternatives which it qualified individuals, organizations or in­ strike the word "four" and insert "five", stitutions and it shall be his responsi­ and that the title be changed from Jan­ may consider in meeting the need of this Nation's veterans and their survivors. bility to insure that the testing or in­ uary 31, 1972, to November 30, 1971. vestigations of any drug is conducted by The PRESIDING OFFICER. Without experts qualified by scientific training objection, it is so ordered. By Mr. NELSON (for himself, Mr. McINTYRE, and Mr. METCALF): and experience to investigate the safety S. 2812. A bil! to amend the Federal and effectiveness of drugs. REPORTS OF COMMITTEES Food, Drug, and Cosmetic Act, as Although the FDA is charged with the The following reports of committees amended, to provide for the establish­ grave responsibility of assuring that the were submitted: ment of a national drug testing and drugs permitted to be marketed are both safe and efficacious, the decisions they By Mr. MANSFIELD (for Mr. LoNG), evaluation center; to provide for a Fed­ from the Committee on Fina.nee, eral Drug Compendium which lists all make are based upon the evidence sub­ without amendment: prescription drugs by their generic mitted to them by the very companies H.R. 1680. An a.ct to extend for a.n a.cldl­ names and which provides reliable, com­ which seek to market the drug. As the tiona.l temporary period the existing suspen­ plete, and readily accessible prescribing law reads at present, the FDA determines sion of duties on certain classifications of information; to provide for a formulary the safety and efficacy of a drug solely yarn of sllk (Rept. No. 92-425). of the United States; to provide for on the basis of information supplied by quality control for drugs paid for with the drug company making the applica­ INTRODUCTION OF BILLS AND Federal funds; to provide for the regis­ tion. JOINT RESOLUTIONS tration of drugs; to provide for the certi­ The dangers involved in the depend­ fication of certain drugs other than in­ ence on drug firms to perform, direct. The following bills and joint resolu­ sulin and antibiotics; to provide for the or _arrange for the testing of drugs in tions were introduced, read the first regulation of sample drugs; and for which they have a financial interest is time and, by unanimous consent, the sec­ other purposes. Referred to the Com­ obvious. Since drug firms are anxious ond time, and referred as indicated: mittee on Labor and Public Welfare. to get new drugs on the market and to By Mr. HANSEN: Mr. NELSON. Mr. President, the Sen­ increase their sales volume, there is an S. 2810. A blll to a.mend title 38 of the ate Small Business Committee's Monop­ inevitable tendency-no matter how United States Code to liberalize the provi­ oly Subcommittee initiated its study conscientious the firm-to emphasize sions relating to payment of dependency a.nd the positive features and deemphasize indemnity compensation; a.nd of the drug industry on May 15, 1967. S. 2811. A bill to amend title 38 of the During the 4% years of hearings a num­ the negative. Many of the people they United States Oode to liberalize the provi­ ber of serious problems have been de- eng~ge to do their testing are equally sions relating to payment of disabillty and lineated which urgently require legisla­ anxious to secure additional contracts death pension, and for other purposes. Re­ tive action to protect the health and for drug testing. FDA has found that ferred to the Oommittee on Veterans' Affairs. pocketbooks of the American people. the accuracy and objectivity of some By Mr. NELSON (for himself, Mr. To this end I am today introducing for of these drug testers leaves much to be McINTYRE, and Mr. METCALF): desired. S. 2812. A bill to a.mend the Federal Food, appropriate reference an omnibus bill Drug, a.nd Cosmetic Act, a.s a.mended, to pro­ to amend the Federal Food, Drug, and A physician who turns in unfavorable vide for the establishment of a. national drug Cosmetic Act. Although several of the reports on the drugs he is testing may November 4, 1971 CONGRESSIONAL RECORD - SENATE 39205 not have his contract renewed. In case I have been shocked at the materials that a minimum. Testing of drugs should be after case, some firms have been guilty come in. . . . In addition to the problem of done by specialists who have no direct quality, there is the problem of dishonesty of misrepresenting, distorting, and even in the Investigational New Drug stage.... relationship with the manufacturer, who withholding information developed in I will admit there are gray areas in the IND cannot benefit financially from the re­ their testing of drugs which might in situation. sults, who are not motivated even subcon­ any way retard or prevent an approval But the conscious withholding of unfavor­ sciously by the desire to get anything but to market. Injury and death have re­ able animal or clinical data is not a gray­ the truth. We mus,t remove the respon­ sulted from such actions. area matter. sibility for testing drugs from the appli­ The subcommittee's hearing record The deliberate choice of clinical investiga­ cant who has a financial interest in the shows that in the testing of the drug, tors known to be more concerned about in­ drug. This responsibility must be placed dustry friendships than in developing good Dornwal, manufactured by Wallace and data is not a gray-area matter. with an evaluating group which has no Tiernan, the company "knowingly and The planting in journals of articles that interest at all in whether or not the drug willfully concealed material information begin to commercialize what is still an In­ gets into the market other than the inter­ and submitted false and fictitious state­ vestigational New Drug is not a gray-area est of the public. ments in writing and orally to the FDA." matter. This title of the bill includes two new Unfortunately, some people died as a These actions run counter to the law and features worthy of comment. result of taking this drug, as noted in a the ethics governing the drug industry. One is a provision that affirmative ac­ letter dated June 5, 1961, to the Attorney Dr. Herbert Ley, who succeeded Dr. tion on the part of the FDA is required General of the United States from Dr. Goddard as FDA Commissioner, stated before manufacturers may proceed to test Herbert Ley, then Director of the FDA's 2 years later that- new drugs in human beings. Bureau of Medicine. The letter charged We have not yet seen the degree of im­ In the United States, affirmative action that the company "knowingly and will­ provement in the quality of clinical data by the FDA is not required before manu­ fully concealed material facts from the from drug testing which we must have. facturers are authorized to begin clinical FDA, to wit, medical evidence that tests. An investigator could begin clinical Dornwal was the causative agent of a In a speech before the Educational trials in humans as soon as he had mailed severe and often fatal blood dyscrasia-­ · Conference of the Food and Drug Law his notice. Dr. Jennings notes that- disorder-in man." The firm was prose­ Institute in December 1968 Dr. Ley Frequently enough to cause real concern, cuted for a criminal violation of the claimed that out of 406 drug marketing we have found that animal data were not law, did not contest the charge, and was applications received by the FDA in 1967, adequate to support the type of studies that found guilty. only 59 were approved. had been undertaken in human beings. He said: Flexin, a product of McNeill Labora­ The FDA now requires a 30-day delay tories, a subsidiary of Johnson and John­ More than half suffered from deficiencies before beginning clinical trials after the son, is another example of willfully con­ iI: clinical studies and inadequacies in effi­ cacy data and many were so low in quality receipt of notice of claimed exemption­ cealing information in the application as to be not approvable. IND. This is to give the FDA a chance to to FDA and according to FDA resulted review the proposed use of the drug in in 50 cases of liver damage including 11 Dr. Ley amplified his views before the humans and to determine whether there deaths. Senate Small Business Committee's are adequate animal safety data to war­ The Upjohn Co. had in its files Monopoly Subcommittee on May 27, rant extension into human studies. studies done in 1959 and 1960 which 1969: Although this is a step in the right di­ showed that the :fixed combination The major problem in industry submis­ rection-because the FDA will have an Panalba was not as effective as its in­ sions to FDA is still the poor quality of both opportunity to examine the preclinical gredients given separately. Neither the the basic data and the summaries. The most data-it is not enough. As long as the tetracycline nor the novobiocin absorb important single step that industry can take to speed up the processing of new drug ap­ FDA lacks the resources to handle its in­ or produce as high blood levels when plications by FDA-and to improve the vestigational drug workload, one cannot given in combination as when given in­ chance for new drug approval-would be to be certain that complete and thorough dividually. Besides, the novobiocin which ensure that the data presented in support drug safety reviews will be made of in­ has very serious potential adverse reac­ of efficacy is true to the statutory require­ vestigational new drug applications in tions was an unnecessary ingredient. ment of well-controlled studies. the 30-day period. To protect the public This information was never called to the Dr. John Jennings, Assistant to the affirmative approval is required. attention of the FDA or the medical pro­ FDA Commissioner for Medical Affairs, The provision that requires the FDA fession, and was only discovered by an on September 16, 1970, stated: to make public the methodology, results FDA inspector in Upjohn's files on and conclusions of all tests and investi­ March 7, 1969. Panalba, which has been The primary ca.use of the much touted delay in FDA decision-making is beyond all gations of any new drug will subject the removed from the market, was heavily question the poor quality of the data, par­ work of investigators to the scrutiny of advertised and became one of the most ticularly that of the clinical investigations, their peers in many disciplines. The in­ frequently prescribed drugs in this coun­ submitted to us. Although this has improved evitable result will be more careful work try. Material supplied by the FDA indi­ over recent years, some sponsors still do not on the part of investigators and better cates that thousands of persons who accept that a few well-conducted studies are drugs for all of us. The most significant took this drug suffered from adverse re­ much more persuasive than a mass of poorly provision from the standpoint of rational actions, including deaths. documented case studies or even carefully drug prescribing and usage is that the FDA records indicate that the ap­ documented random clinical reports. Secretary shall refuse to approve a new proval of Sere relied upon studies con­ The frequent use of potent drugs to drug application unless the tests or in­ ducted by six individuals, four of whom treat disease requires better methods and vestigations conducted pursuant to this held options to purchase shares of the more safeguards. It is clear that the pre­ act show "that the safety or effectiveness drug firm's stock.1 vention of dangerous drug reactions be­ of such drug is significantly greater than Former FDA Commissioners Goddard gins with the evaluation of the drug. Yet the safety or effectiveness of any other and Ley have expressed their dissatis­ the FDA's Dr. Francis Kelsey admitted drug or drugs, or combination of drugs, faction with the way in which drugs are "that the job of scrutinizing the work of which have received application approval being tested. 16,000 researchers is overwhelming if not under this section and which are used for In a speech before the Pharmaceutical impossible." 2 the same purpose or purposes as the new Manufacturers Association in 1966, Dr. It is equally clear that there is impera­ drug." James L. Goddard, then Commissioner tive and urgent need for a better system According to an editorial written by of the Food and Drug Administration for the testing of drugs prior to their ap­ Dr. James Goddard and Dr. Paul Stolley said: proval for marketing. Steps must be in the Annals of Internal Medicine,8 there taken to reduce the possibility of bias to are about 5,000 prescription drugs and 1 Examiners Report of March 18, 1970, Docket FDA-D-111 NDA #14-241. t Biomedical News, January 1971. a Vol. 78, #3 September 1970. 39206 CONGRESSIONAL RECORD-SENATE November 3, 1971 21,000 drug products on the market in TITLE Il: PUBLICATION OF A DRUG COMPENDIUM cl uding a list of suppliers and the prices this country as a result of a system that This title provides for the publication at which comparable products are sold. allows multiple trade-names for the same of a single source of authoritative in­ It makes no prescribing judgments it­ generic product. Many of the drugs are formation on drugs which the doctor self but provides the information needed essentially the same in that they produce prescribes for his patients. by prescribers to make these judgments. the same desirable and undesirable ef­ If there is a single glaring issue which The AMA's Drug Evaluation-and fects with no difference in the benefit to has emerged from the many months of others like it-serves a different purpose. risk ratio. I ask unanimous consent that study of the competitive problems in It offers advice to the prescriber; it rep­ this editorial be inserted in the RECORD the drug industry by the Small Busi­ resents the collective judgments of ex­ at the end of my statement. ness Committee's Monopoly Subcommit­ perts about the relative merits of differ­ It is my judgment that the enactment tee, it is the fact that there is a vast ent products. Not all products are de­ of this provision would go a long way in proliferation of publications which con­ scribed and many are not described com­ helping to achieve the objectives of ra­ tain prescribing information. Yet there pletely. In addition, the lists of suppliers tional drug prescribing and usage. Dr. is no single authoritative source now are incomplete and no relative price in­ Walter Modell, one of the great pharma­ published to which a dootor can turn formation is given. cologists in this country stated: containing the essential information on I have no doubt that many prescribers Certainly all possible improvements should all drugs manufactured and used for are finding the advice offered in the be introduced into medicine and this can America's health care. AMA Drug Evaluations to be of value. only take place if experimentation with There are many good sources of in­ But this book by no means fits the de­ drugs at all levels continues unimpeded. All formation on drugs. The Council on scription of a drug compendium and is manner of research for better drugs should Drugs of the American Medical Asso­ not a substitute for it. be pursued and the pace even accelerated. The Task Force on Prescription Drugs Occasionally, molecular manipulation does ciation has recently published a fine vol­ bring about a significant advance, usually a ume of drug evaluations. which was established by then Secretary far more substantial change is needed for a Another excellent source-the "Med­ of Health, Education, and Welfare, John real improvement. But simply because a drug ical Letter"-has a distinguished board Gardner, recognized the need for both is new, it is not necessarily better than those of reviewers· which reviews drugs. Even a prescribing guide and a compendium: already available, safer or even just as good. prices are reviewed. Yet the publication Several foreign drug programs-notably Often, it is even less effective and sometimes is limited, and only about 35,000 of the those in Great Britain, Australia, and New more hazardous than the parent drug. But Nation's 25-0,000 doctors subscribe to it. Zealand-provide all physicians with pre­ they also do harm by their very existence in It does excellent work. scribing guidelines prepared by panels of the drug market. I take the stand that as a independent medical experts. Such publica­ general principle everything that adds to the The "Physician's Desk Reference" tions-frequently updated to meet chang­ difficulty in dealing with and understanding seems to be the most widely used volume, ing conditions-have been widely accepted drugs also makes drugs more dangerous. but its shortcomings are apparent when by the medical profession in those countries. Thus, the excessive number of needless drugs one examines it closely. It is a superficial In consideration of these factors, in view constitutes a present danger. We can make publication of advertisements, paid for of the unfilled informational needs evident in the useful drugs both less dangerous and by the bigger brand name companies this country, and as a major contribution more efficient by weeding out the useless, the whose drugs are listed under several to improving the quality of health care, the ineffective and the duplicates, and by so Task Force recommends that the Depart­ doing, make it possible for the physician to categories. ment of Health, Education, and Welfare learn in depth a.bout the potent drugs he will The cost of the advertisements was should establish or support a publication prescribe for his patients. We must add only around $115 per column inch a couple providing objective, up-to-date information those new drugs that really add something of years ago, and this tends to preclude and guidelines on drug therapy, based on the more than their mere presence.' many good but small companies from expert advice of the medical community. The Department of Health, Education, entering into nationwide competition. Finally, we affirm our interim recommenda­ There is a definite need to publish a tion that the Secretary of Health, Education and Welfare's Task Force on Prescription and Welfare should be authorized to publish Drugs found that: true compendium-a blue book of drug and distribute a drug compendium listing all Since important new chemical entities rep­ information-by an independent group lawfully available prescription drugs, includ­ resent only a fraction-perhaps 10 to 25 per­ in conjunction with governmental, in­ ing such information as available dosage cent-of all new products introduced each dustrial, and scientific organi~ations. forms, clinical effects, indications, and con­ year, and the remainder consist merely of This bill provides for an all-inclusive traindications for use, and methods of ad­ minor modifications or combination prod­ volume which would list all prescription ministration, together with price information ucts, then the Task Force finds that much of drugs under their generic names to­ on each listed product. the drug industry's research and development activities would appear to provide only minor gether with reliable, complete and read­ Each company which manufactures a contributions to medical progress. ily accessible prescribing information. It prescription drug is now required by law We likewise find that to the extent the would include brand nam~s. suppliers, to include a sheet of information about industry directs a share of its research pro­ and a price information supplement, all the drugs in each container it ships. gram to duplicative, noncontri,butory prod­ of which would be periodically updated This package insert rarely finds its way ucts, there is a waste of skilled research man­ to provide for continUity and informa­ to the doctor. Usually it is discarded by power and research facilities, a waste of tion on new drugs, new information, new the pharmacist. clinical facilities needed to test the prod­ evidence of side effects or misprescrib­ ucts, a further confusing proliferation of Even if the package insert did get to drug products which are promoted to physi­ ing. It could show who provided the re­ the doctor, few of the Nation's practicing cians, and a further burden on the patient search and who developed the drug. physicians would have time to digest all or taxpayer who, in the long run, must pay Free distribution would be provided to of its contents, and of course no price the costs.5 physicians, hospitals, pharmacists, and information is included in it. It is very likely, therefore, that this others who need this kind of important This title authorizes the Secretary of provision would encourage the channel­ information. Health, Education, and Welfare, upon ing of the drug industry's research into It has been suggested that an official the publication of a compendium, to more productive and useful areas. compendium is unnecessary; that a com­ waive the requirement of the package prehensive prescribing guide has already insert thus saving the industry about $6 been published by the AMA, entitled million per year. Former FDA Commis­ , Drug Industry Antitrust Act; Hearings, Subcommittee on Antitrust and Monopoly; "AMA Drug Evaluations." Such a sugges­ sioner James Goddard estimated that Committee on the Judiciary, 87th Cong., 1st tion ignores some fundamental differ­ the replacement of the insert by a com­ Sess.; Part I, AMA and Medical Authorities, ences between a compendium and a pre­ pendium would cost the industry about p.320. scribing guide. Both are useful but they the same amount of money. 5 Task Force on Prescrlptlon Drugs: Sub- serve different purposes. TITLE XII: ESTABLISHMENT OF THE FORMULARY committee on Monopoly, Senate Small Busi­ A .drug compendium is simply a com­ OF THE UNITED STATES ness Committee; Committee Pr.int, Aug. ~so, pilation in outline form of all the essen­ This title provides for the establish­ 1968, p. 12. tial facts about each available drug, in- ment of the Formulary of the United November 3, 1971 CONGRESSIONAL RECORD-SENATE 39207 States which would be sent to every have poi.DJted to the wide discrepancy in the from Denmark for $1.55 for 500 tablets. physician in the country, and which shall prescribing habits of the average physician VA at the same time was purchasing a.s compared to the prescribing methods rec­ Meprospan, the sustained release form of contain "an alphabetically arranged ommended by panels of medical experts. stm listing, by established name, of those others have commented on the continued. use meprobamate, from Carter-Wallace for drugs which the Formulary Committee by the average physician of produots which $34.25 for 500 tablets, or 2,300 percent as finds are necessary for good medical have been found unnecessary or unaocept­ much as plain meprobamate. Neither the practice. The Formulary Committee shall able by specially qualified therapeutics com.­ USP nor the National Formulary recog­ exclude from the formulary any drugs mittees in hospitals and clinics. nize the use of long-acting preparations which the Formulary Committee deter- We note that the most widely used source as good medical practice, and the NAS/ mines are not necessary for proper pa- of prescribing information is essentially a NRC panel of experts told the subcom­ tient care, taking into account other compilation of the most widely advertised mittee that "most of these oral prepara­ drugs. drugs that are available from the The responsibility for these and other de- tions of this type are not doing what they Formulary." fl.ciencies has been placed on various factors: purport to do," and that their use can be The formulary will also list drugs by Inadequate training in the clinical appli- dangerous. class and discuss the relative merits and cation of drug knowledge during the under­ The Defense Department spent about­ dangers of each drug in each class as an graduate medical curriculum. $3 million in 1968 and 1969 on demethyl­ aid to rational drug therapy. Inadequate source of objective informs.- chlor-tetracycline-Declomycin-oxytet­ The purpose of the formulary is to as- tion on both drug properties and drug costs. racycline-Terramycin-and chlortetra­ Widespread reliance by prescribers for sist in rational use of drugs and f or ra- their continuing education upon the promo­ cycline-Aureomycin. If the Department tional purchase of drugs directly by the tional materials distributed by drug manu­ heeded the advice of the medical experts agencies of the Federal Government and facturers. and used the drug of choice of this family for purposes of reimbursement under all The exceedingly rapid rate of introduction of antibiotics, that is, plain tetracycline, programs of the U.S. Government or and obsolescence of prescription drug spe­ $2.3 million would have been saved. where Federal funds are used-whether cialties. The Department of Defense bought domestically or overseas. The limited time available to practicing $133,.584 of Equagestic, a combination of HEW's Task Force on Prescription physicians to examine, evaluate, and main­ aspirin and meprobamate. The NAS/NRS Drugs defines rational prescribing as tain currency with the claims for both old drugs and newly marketed products. report says that-- "the right drug for the right patient, in The constant insistence on the idea that This combination may be no more effective right amounts at the right time." the average physician, without guidance as an analgesic than the amount of aspirin According to the Task Force: from expert colleagues, does in fa.ct possess present. Rational prescribing ts obviously the re- the necessary ability to make scientifically 8 The comparable total for aspirin would sult of judgments on many poilllts-the sound judgments in this complicated field. have been $2, 721, or a saving of $130,863. safety and efficacy of the drug for the The formulary of the United States clinical problem at hand, the advantages or can play a very important educational Both the VA and the DOD spent $683,- disadvantages of alternative forms of ther- function by listing in each therapeutic 632 for Peritrate, a drug used for angina apy, the most appropriate dosage form, the category those drugs which are consid­ pectoris, which, according to expert testi­ length and intensity of treatment, the possi- ered the most useful by experts in vari­ mony, is "not effective compared to a ble side effects or adverse reactions, and the placebo." It may be mentioned also that possibility of drug interaction. ous fields. the American public spent $22 million in To these may be added judgments con- In addition, millions of dollars will be 1968 and $19.5 million in 1969 for this cerning relative costs. saved by the U.S. Government by pur- drug. Rational prescribing is clearly a major goal chasing drugs on a more rational basis. for the welfare of patients . . . Hearings by the Monopoly Subcommit- These are only a few examples of the large number of ineffective and unneces­ It has been estimated that there are tee of our Small Business Committee sary drugs being bought and used by the about 21,000 drug products on the mar- have indicated that millions of dollars Federal Government in many of its pro­ ket, and the plight of the physician in were being spent on drugs which have grams. A selective, medically determined prescribing is described by the Task been found by panels of specially quali­ formulary would save the Government, Force as follows: fled medical experts to be ineffective, un- and the public, considerable funds and Upon entering private practice, the average necessary or unacceptable. would promote rationality in drug use. physician, knowingly or unknowingly, be- For example, the National Academy of comes the key figure in drug marketing Sciences/National Research Council TITLE IV: DRUG REGISTRATION AND INSPECTION strategy. found that Darvon in its "32 milligrams OF DRUG PLANTS PRIOR TO PRODUCTION He must choose from a very large number dose has often been found indistinguish­ This title provides for, first, the regis­ of competitive and often duplicative prod- able from placebo." Yet the Defense De­ tration of drugs, and, second, inspection ucts. partment and the Veterans' Administra- of drug plants prior to production. He must deal with a very large amount of advice, biased or unbiased, from detail men, tion in 1968 and 1969 paid $678,000 for It has been estimated that there are advertisements, and other forms or promo- this ineffective dosage form. on the market about 21,000 prescription tion. The NAS/NRC has also found that drug products and 100,000 to 200,000 pro­ Substantial efforts are mad~ on his behalf Darvon "in doses of 65 milligrams to 100 prietary medicines. The Food and Drug by the drug industry and others to prevent milligram has usually, but not always, Administration does not have an accu­ any interference with his right to prescribe -- proved superior to placebo in reasonably rate count of these drugs, and does not as he sees flt. Finally, it is assumed that he has the sensitive human analgesic assays." Ex- know who produces what. Yet the FDA training, experience, and time to weigh the pert testimony before the subcommittee has been given the responsibility for reg­ claims and available evidence, and thus to on November 24, 1970, held that there is ulating drugs, particularly the safety make the proper selections. no ''particular reason to use it--Dar- and effi~acy of new drugs. Everything, of course, hinges on the von-routinely in preference to aspirin, Knowledge of which particular drugs validity of this final assumption. acetaminophen, or codeine or some com- are being produced or marketed by a We find that few practicing physicians bination of codeine with one of the manufacturer would substantially assist seem inclined to voice any questions of their others." in the enforcement of Federal laws re­ competency in this field. We have noted, however, that the ability or an individual Yet, the Defense Department alone quiring that such drugs be pure, safe, ef­ physician to make sound judgments under spent $4.4 million for Darvon in 1968 and fective, and properly labeled. Information these quite confusing conditions is now a 1969. on the discontinuance of a particular matter of sertous concern to leading clini- The Veterans' Administration pur­ drug could serve to alleviate the burden cla.ns, scientists, and medical educators. A chased the tranquilizer meprobamate of reviewing drugs which are no longer distinguished pharmacologist, for example, on the market. has stated that lack of knowledge and so­ phistication in the proper use of drugs is 8 Task Force on Prescription Drugs: Final Information on the type and number perhaps the greatest deficiency of the aver­ Report: U.S. Department of Health, Educa­ of different drug products being proc­ age physician today. Other medical leaders tion and Welfare; Feb. 7, 1969, p. 26. essed by C:rug establishments would per- 39208 CONGRESSIONAL RECORD - SENATE November 4, 1971 mit more effective regulation by permit­ Dr. Taussig stated that even after the will compile a formulary of drugs necessary ting agencies to identify establishments drug had been identified and removed for good medical practice, for purposes of needing greater or lesser surveillance de­ from the world market, it was still sold direct procurement by the Federal Govern­ pending on the nature of their produc­ under 50 to 100 different trade names ment and reimbursement for all Government financed programs, indicating the best drug tion activities. making it impossible for doctors to know available for each generic type, in order to The~ law now provides that every what they were prescribing. assist the physician in his prescribing of drug establishment be inspected at least Since the use of trade names may thus medication. every 2 yeM"s. It is possible for a drug result in the continued availability of a Titie JV-would assure that all drugs pro­ firm to be producing drugs for quite drug that has been withdrawn from the duced and packaged in the United States some time before its plant is inspected. market, Dr. Taussig said she was strongly would be inspected and approved so as to This title is designed to protect the pub­ in support of any measure requiring the protect the public health. Furthermore, every lic against poorly manufactured drugs generic name on the drug labels. drug would be labeled in such a way as to by requiring an inspection before an es­ identify its source·and generic type, to facil­ Dr. John Adriani, former chairman of itate the tracking down of defective drug tablishment starts manufacturing drugs the Council on Drugs of the AMA and batches. In addition, all drugs will have in­ and at lea.st once every yea,r thereafter. Dr. Edward R. Annis, past AMA presi­ structions for safe use printed on their TITLE V; DRUG CERTIFICATION dent, both were in support of generic package. This title gives the Secretary of Health, labeling. Title V-gives the Secretary of Health, Ed­ Education and Welfare the authority to Other provisions included in this title ucation and Welfare the authority to require require b~toh-by-batch certification of are as follows: batch-by-batch certification of all drugs--: First. The Secretary shall designate a when needed-which will include provisions certain drugs whenever he finds it is prescribing standards and identity of necessa,ry to do so to protect the public. useful official name at the time a drug is strength, quality and purity, test.sand meth­ Present law requires batch-by-batch approved for marketing. ods to determine compliance with such stand­ certification only of antibiotics and in­ Second. No drug salesman shall make ards, and other measures necessary for the sulin. any oral representation about a drug un­ public good. til he has placed before the physician Title VJ-prohibits the distribution of sam­ TITLE VI; LABELING AND CONTROL OF SAMPLE or pharmacist an FDA approved docu­ ple drugs without the written request of the DRUGS ment containing such information about physician. Furthermore, the sale of sample This title provides for the labeling and such drug as the Secretary may by reg­ drugs, either directly or indirectly, is pro­ control of sample drugs as well a.s a pro­ ulations require. hibited. hibition of the distribution of sample These two items are essential to in­ Title VII-is a general section providing drugs except in response to a prior writ­ sure that the prescribers get complete and that (1) potentially dangerous drugs will be ten request of a licensed practitioner spe­ labeled with the appropriate warning; (2) accurate information. labeling of drugs will be required so that all cifically requesting such sample drugs. Third. Drug advertisements must be active ingredients will be clearly labeled; Drug firms invest millions of dollars approved by the Secretary prior to pub­ (3) no drug salesman shall make any oral in flooding doctors with samples of their lication in any newspaper, magazine, or presentation regarding any drug until he has products, hoping to get the physician in used on radio, TV or any other advertis­ placed before the physician or pharmacist an. the habit of prescribing their product. ing media. FDA approved document about the drug; and TITLE VII: LABELING DRUG CONTAINERS (4) the Secretary of HEW shall approve all Fourth. No drug may be exported from advertising in advance that appears in either This title provides that all labels on this country unless it ha.s met the re­ the electronic media, or in any publication or drug containers carry the established­ quirements for use in this country. advertising circular, for any drug. The Secre­ official, generic--name of the drug, in the I ask unanimous consent that a sum­ tary will approve only advertising which does case of a drug containing only one active mary of the bill, together with an article not mislead or misrepresent the product, ingredient, and in the case of a drug entitled "A Relative Efficacy System for either in text or layout. containing more than one active ingredi­ New Drugs," be printed in the RECORD. ent, a list of the active ingredients of There being no objection, the material A "RELATIVE EFFICACY" SYSTEM FOR NEW the mixture. Labeling would be omitted, was ordered to be printed in the RECORD, DRUGS however, if the prescriber so indicated. as follows: (By Paul D. Stolley, M.D., M.P.H., and James Drugs now are sold on the market L. Goddard, M.D., M.P.H.) SUMMARY OF BILL under a multiplicity of trade names. In A new system for approving the placement; Title I-sets up a National Drug Testing of new drugs on the market, a "relative mo.st cases, there is a proliferation of and Evaluation Center which will be respon­ efficacy" system, ls proposed.. The system copyrighted trade names imposed on the sible for the testing of all drugs, both pre­ same drug, leading to confusion, chaos, would insure that new drugs be not only as scription and over-the-counter, that are now safe as drugs already marketed for similar and in some cases to discomfort and se­ or will be marketed. in the United States. The indications, but would also require that they vere illness. In fact, many drugs have so FDA must give approval prior to testing drugs be more efficacious. Such a requirement many different trade names a.s to make it on hum.an beings, and the results and con­ should encourage pharmaceutical manufac­ virtually impossible for the physician to clusions of all test.s will be made public. In turers to direct their research towards the know them all--or even a fraction of order for a new drug to be approved, it must development of safe and more efficacious them. be demonstrated that the new drug ls safer drugs. or more effective than a drug already on the There are approximately 5,000 prescription During the hearings of the Senat.e market. As it has been the manufacturer's Small BusineS<:; Committee's Monopoly drugs and 21,000 "drug product.s" marketed respons1bil1ty in the past to bear the expense in the United States as a result of a system. Subcommittee, expert witnesses testified of a drug's testing, he will continue to bear that allows multiple trade-names for the­ that the established-generic--name the expense. However, there will be channels same generic product. The 1962 Amendment provides the most precise and universal open for appeal if the manufacturer ls dis­ to the Food and Drug Act requires that the­ information about a drug. satisfied with the testing procedure. drug manufacturer prove his drug to be "sa.fe­ A dramatic example of the kind of Title II-provides for the publication of and effective" before placing it on the mar­ tragedy that results was illustrated by a compendium which will list all drugs avail­ ket. However, "effective" is not clearly de­ able in the United States by both generic and fined. A result of this liberal system of drug the testimony of Dr. Helen Taussig, the brand names. Such a compendium would in­ world famous physician and developer approval is the myriad of congeners intro­ clude, for each drug, the drug's purpose, side duced enabling several manufacturers to cap­ of the famous "blue baby" operation, who effect.s, dosages available, cost, as well as ture a portion of the market once a prototype­ deplored the confusing drug-naming gys­ other relevant information. As such a com­ drug ls proved successful. The thiazide diu­ t.em. pendium couid eliminate the need for inserts retics are an example of a group o! drugs that Dr. Taussig had first identified the with full prescribing information now re­ have a large and confusing number of similar tranquilizer thalidomide as the culprit quired., the cost of the compendium would entries on the market. The drugs within this: drug causing phocomella--ehlldren born be borne by the drug industry. Supplements group are all essentially the same-that is,. with incompletely formed limbs. Her ac­ will be issued from time to time to keep the they produce the same desirable and unde­ compendium as up to date as possible, and it sirable effects with no difference in the thera-­ tion prevented the sale of the drug in ls also provided that all cl.rug labeling and ad­ peutlc ratio or mode of action. Eventually· this country, but not before the testing vertising must conform with the information one ls forced to ask how many thiazlde diu­ stage of the drug had caused some birth found in the compendium. retics are necessary for the good practice o! defects. Title III-establishes a committee which medd.clne. November 4, 197'1 CONGRESSIONAL RECORD-SENATE 39209 In Norway, where approximately 1,200 pre­ 2. United States Department of Health, ADDITIONAL STATEMENTS scription drug entitles are marketed, the Education, and Welfare, Public Health Serv­ number of new drugs allowed on the market ice, Consumer Protection and Environmental is limited by means of a "relative efficacy" Health Service, Food and Drug Administra­ OUR FORGOTTEN AMERICANS system ( 1) . According to this system a new tion: Drug Efficacy Study. Final Report to the drug must be shown, before it ls released, to Commissioner of Food and Drugs, Food and Mr. SAXBE. Mr. President, if we were be as safe as and more effi,cacious than any Drug Administration, from the Division of to list the things of major concern to drug presently on the market for the same Medical Services, National Research Council, most Americans, that list would under­ indication. A panel of experts broadly repre­ Wa.shington, D.C., U.S. Government Printing i:;tandably and inevitably include the top­ sentative of the medical profession judges the Office, 1969, p. 243. ics dominating our front pages daily: proposed entries. The panel evaluates the inflation, Vietnam, crime, unemploy­ pharmacologic data., the clinical tri,a.ls con­ ment, drug control, pollution, and all of ducted, and all other pertinent research. If the panel is convinced the drug is a valu­ the other cancers in our society. able new addition to the physicians' arma­ ADDITIONAL COSPONSORS OF But there remains a very real, very menta.l"ium, the drug is approved for intro­ BILLS AND JOINT RESOLUTIONS major problem which to me is as press­ duction to the Norwegian market. s. 2509 ing as any of the above, perhaps more so. The multitude of prescription drugs on the At the request of Mr. GAMBRELL, his It is a problem we shall all have to face. American market, with their exotic nomen­ name was added as a cosponsor of S. That is the problem of the forgotten clature, was recently reviewed by the Na­ 2509, to incorporate Pop Warner Little American, the old American. He is that tional Research Council of the National Acad­ individual who helps make up the face­ emy of Sciences in the Drug Efficacy Study Scholars, Inc. (2). Under contract to the Food and Drug less army numbering nearly 20 million Administration distinguished panels of ex­ today. He marches to a distant, fading perts reviewed the drugs marketed from 1938 drum, and too often he marches alone. through 1962. Using uniform criteria the pan­ REVENUE ACT OF 1971- He is too old to work, too young to die, els placed the drugs into categories labeled AMENDMENTS too proud to beg. "effective,'' "probably effective," "possibly ef­ And we do him such an injustice. Al­ fective," "ineffective,'' and "ineffective as a AMENDMENT NO. 602 though 84 percent of those over 65 are fixed combination." A significant number (Ordered to be printed and referred were found to be "ineffective" for certain registered voters and three out of every therapeutic claims of the manufacturer. to the Committee on Finance.) four of them cast ballots in the 1970 off­ Many of the panelists commented on the poor Mr. PACKWOOD. Mr. President, the year elections, they remain alone and quality of research and documentation sub­ amendment that I am submitting today poorly cared for. I sometime wonder if mitted by the manufacturers in support of would eliminate the "Buy American" the majority of society really gives a the therapeutic claims. provision of the Revenue Act of 1971. damn. We can legislate standards for At present the FDA does not have the au­ I have long felt that given a choice medicare, nursing homes, transportation thority to restrict the marketing of new drugs between protectionism and expansion facilities, social security, and the rest. to only those drugs proved to be as safe as We can even pass postal laws to hope­ and more efficacious than other drugs on the of free trade, it is always in the best market for similar indications. We propose long-range interests of not only the fully help t.hem get their checks a little that Congress enact legislation to give the United States, but the world as a whole, faster each month. FDA authority to institute a policy of "rela­ to chose free trade. Accordingly, I was Yet these problems, while grave, are tive efficacy" for approving drugs. Panels of extremely distressed to learn that the secondary to one overriding concern experts, including practicing physicians, sim­ Finance Committee was retaining this which too often escapes Congress, the ilar in make-up to the panels that convened discriminatory provision in the Revenue President, or any governing board from for the Drug Efficacy Study should be estab­ national to local government. lished to review the research and clinical Act of 1971. trials of drugs and to recommend whether or On the advice of the Joint Committee This is simply that our older citizens not the drugs should be marketed. for Internal Revenue Taxation, I have must be given the dignity, the respect, Experience with antibiotics, steroids, and learned that the fiscal effect of my and the care and compassion they so tranquilizers has demonstrated that adverse amendment would be to further reduce truly deserve, and we cannot pass laws reactions may not become apparent until af­ revenues in the amount of $130 million. guaranteeing any of this. ter a few years of use, and initial therapeutic This is certainly a small price to pay to I am pleased that President Nixon claims must often be modified on the basis of has demonstrated concern for the el­ accumulated clinical and epidemiologic ex­ avert what gives every indication of be­ perience. We therefore propose that new coming a full-scale trade war among derly. The President has set the week of drugs be approved only on a conditional ba­ the nations of the world. November 28 to December 2 for the sis, with provisions made for periodic reas­ I would be remiss, Mr. President, if I ·white House Conference on the Aging, sessment. did not point out to this body that past the first such since the Eisenhower ad­ The "relative efficacy" system of drug ap­ history gives us every reason to believe ministration. From this conference will proval would limit the number of drugs mar­ that even this $130 million loss will be emanate many recommendations and keted, ensure their high quality, and encour­ made up many times over as the world many ideas, and this is good. But it is age pharmaceutical houses to concentrate my hope that these recommendations their research efforts on the development of begins to rid itself of this growing pro­ tectionist psychology and freedom of and ideas, noble as they may be, will safer and more efficacious drugs. not get lost in the shuffle or simply turn Acknowledgements: Supported in part by commerce is allowed to blossom and research grant HSOOllO, the National Cen­ grow. into another volume gathering dust on ter for Health Services Research and Devel­ We have a choice as to the future we somebody's bookshelf. opment, Public Health Service, U.S. Depart­ will mold. We can follow the path indi­ Dr. Arthur Flemming, Chairman of ment of Health, Education, and Welfare, cated by the House of Representatives the White House Conference on Aging, Washington, D.C. seemed to set this in perspective when Received May 7, 1970; accepted May 26, and, apparently, the Finance Committee; he recently declared: 1970. a path that will lead to continuing escala­ Requests for reprints should be addressed Without action, all you do is add to the tion of the protectionist war-a war frustration and if you do that, you do not to Paul D. Stolley, M.D., Department of Med­ which none can win, and in which all will ical Care and Hospitals, School of Hygiene accomplish anything at all ... and Public Health, The Johns Hopkins Uni­ lose. Or. we can choose to adopt my amend­ As I listen to the numerous hearings versity, 615 N. Wolfe St., Baltimore, Md. before the Senate Special Committee on 21205. ment. By so doing, we will have pro­ Aging, it becomes so very obvious that REFERENCES claimed to the world that the Congress every problem our elderly face is but a 1. United States Department of Health, of the United States recognizes the inher­ reflection of the problems confronting Education, and Welfare, Office of the secre­ ent danger in protectionist moves and our whole society-only magnified and tary: Norway, in Task Force on Prescription that we are willing to suffer a possible intensified. Those over 65 are ill­ Drugs, Background Papers, Current Ameri­ can and, Foreign Programs. Washington, D.C., momentary hardship in favor of long­ equipped to handle the problems of U.S. Government Printing Office, 1968, chapt. range benefits to be derived from addi­ medical costs, poor housing, and crime 30. tional freedom of worldwide commerce. in the streets-to name only a few. 39210 CONGRESSIONAL RECORD-SENATE November 4, 1971 It is certainly no privilege to receive entire foreign assistance program. But until a satisfactory Political settlement a monthly social security check, only to there are a number of items in that de­ has been reached. walk back to one's public housing apart­ feated bill that should be revived imme­ I call upon President Nixon to give ment and be robbed and beaten up on diately, if only on an interim basis, until assurances to Prime Minister Gandhi the way. Yet, this type of occurrence is Congress and the President can agree on during her visit to the United States that a way of life in much of our federally a permanent foreign aid structure. Some all these steps will be fully supported by supplemented housing. The result is of these essential items have to do with the administration. that those who live there in daily fear India and Pakistan-and the millions of There are 9 million refugees-13 per­ become what we have forced them to East Pakistan refugees. cent of Pakistan's population-in 1,000 become--as colorless, nameless, faceless, Mr. President, for 200 years, the Sen­ camps in India. As many as 30,000 more and even lifeless as the structures they ate Chamber has witnessed pleas for the cross the border every day. Sixty-eight live in. use of America's treasure and power to thousand refugees have died of cholera. The solution is elusive. If I had a so­ stop war and destruction and senseless Thirty-five thousand more. lie stricken. lution for the problems of the forgotten slaughter, and to ease pain and hunger Two million children face blindness, re­ American, I would also have the solu­ and sickness. But few causes have had as tardation, and death from malnutrition tion for the basic ills of our Nation. But great a claim to our attention as the and vitamin A deficiencies., And the list I do not. However, the answer is not just current situation in East Bengal. of human horror goes on and on. money. Money being poured into medi­ By now, all of us know the historic The Indian Government has re­ care and medicaid, into public housing, source of the conflict between east and sponded heroically-with an efficiency or long-term health facilities, is not the west in Pakistan. All of us know how and concern that is truly remarkable, answer. Actually, it is much the opposite. cultural and linguistic differences, cou­ given the imPoSSible burden of caring for Ironically, our Federal and State gov­ pled with the west's political domination nine million hungry, sick, and homeless ernments will pay millions to subsidize of the east, produced the animosity people. India pays two-thirds of the $1 institutions for the elderly, yet they pay which exploded into civil war last March. million a day it costs to provide each little or nothing to keep the elderly in And all of us know at least something refugee with 15c worth of food and their own homes, living the type of life about the election which was the imme­ medical care. But how long can that na­ they are used to. diate cause for conflict: how the east's tion maintain its effort with about And this brings me back to my orig­ Awami League won a clear majority of 200,000 people pouring into the camps inal point: Concern and interest on the seats in the National Assembly; how the ea.ch week? How long can its economy part of all of us for the way of life we government of Yahya Khan refused to continue to divert the funds which should are forcing our elderly to live. Obviously, accept that outcome; how the east stood have been used to create growth and our planning in the past for those over firm; and how, on March 26, the Paki­ jobs for its own people? How many 65 has been inadequate and it takes no stani Army began the brutal purge which Indians will die next year to save the genius to realize it. still goes on today in East Bengal. lives of their BengaJi neighbors this But maybe with a little care, a little What is happening there in countless year? feeling, on the part of the Federal Gov­ streets and towns--in Tripura and As­ That is why we must move as quickly ernment, State governments, architects, sam, in Kushtia and Dacca--is a sus­ as possible to restore the $250 million of nursing home administrators, medical pension of the moral laws which have relief assistance contained in the foreign people--all of us-maybe we can start set a standard for the conduct of human aid bill. And we must consider additional to polish just a little of the tarnish off beings since the beginning of civilization. steps to aid India--to bring relief to the the lives of those in their golden years. I could describe the atrocities in de­ refugees and to the burdened Indian tail-how American tanks, planes and economy; to bring strength to the In­ guns have been used to help level un­ dian democracy; and to help bring a protected cities and to kill an estimated greater chance for peace to Asia. If for PAKISTAN 200,000 unarmed civilians, and how 9Y2 any reason.it is not possible to make such Mr. MUSKIE. Mr. President, our coun­ million people fled their burning homes assistance part of an interim foreign aid try is greatly honored by the visit, be­ to find a better chance for life across the bill, or if there is difficulty in deciding on ginning today, o: Mrs. Indira Gandhi, Indian border. I could retell the stories an interim measure, I would support a Prime Minister of India. Mrs. Gandhi of murder and rape and torture and loot­ separate authorization for this emer­ comes to the United States at a time ing. But we have all read the accounts gency relief assistance. I hope President when relations between our two countries ourselves, and we have all been moved Nixon would also support a separate have reached a low point. We all pray in our own way. I think all of us recog­ measure if necessary-and will say so to that her visit will lead to improved re­ nize how many millions of personal trag­ Mrs. Gandhi during the next 2 days. lations in the future. edies have taken place in East Bengal. We should also terminate our own eco­ At the heart of our frayed relations The question now is what can we do to nomic assistance to Pakistan and support with India is the human tragedy taking prevent a million more. multilateral efforts to stop all such as­ place in East Pakistan-and the policy Three steps are vital: First, we must sistance until the situation in East Paki­ of continued support for Pakistan that provide without delay the $250 million stan is returned to normal. At the same our Government has insisted upon. This of refugee relief contained in the foreign time, we should encourage multilateral continued support for Pakistan comes at assistance bill. We should aJso consider efforts to bring humanitarian relief to a time when the two great nations of additional steps to increase our relief the people of East Pakistan who are suf­ the subcontinent have come dangerously effort as soon as possible. Second, we fering because of the economic disloca­ close to armed conflict. should terminate our own development tions caused by the actions of the West The plight of the East Pakistan ref­ assistance to Pakistan and support mul­ Pakistan Army. The economic prospects ugees has also become an enormous bur­ tilateral efforts to stop all such assist­ in East Bengal are bleak under the best den, economically and politically, for ance until the situation in East Pakistan of circumstances. Seventy-eight million India. To alleviate this burden, the Sen­ is normalized. At the same time, we people are living in an area no bigger ate Foreign Relations Committee had should encourage multilateral efforts to than Florida--1,600 to the square mile. recommended $250 million for assistance bring humanitarian relief to the people And while the East is by far the largest to the refugees as part of the foreign aid of East Pakistan who are suffering be­ producer in Pakistan, and has a majority bill. That $250 million was not an ade­ cause of the economic dislocations of the population, the latest Federal quate contribution to relief for the ref­ caused by the actions of the West Paki­ budget allocates $6 out of every $10 to ugees or for needed emergency assistance stan Army. But we should not condone the West. The difference in per capita to the Indian economy. But it represented any continued economic assistance income between East and West has risen a welcome beginning. With the vote last which is being used by the West Pakistan from 32 percent in 1959 to 61 percent in Friday, however, our effort to aid the Government to support its stranglehold 1969 and 1970. And only one-third of all refugees was set back. over the East. Third, we should revoke external assistance goes to the Bengali I have said that the Senate defeat of all remaining licenses for the export of people. In short, each year Pakistan un­ the foreign aid bill has given us an op­ military equipment to Pakist.an and in­ dergoes a transfer of $2.6 billion in re­ portunity for fundamental reform of our sure that no new licenses are granted sources from East to West. November 4, 1971 CONGRESSIONAL RECORD-SENATE 39211 Today, as the civil war goes on, imports so slanders the victims of our power as cause there are people half a world away to the East have been cut off. Millions of to provide its own rebuttal. who suff'er as we speak. They are the rea­ acres of fertile land have been aban­ We are talking here about human life, son we must act today. doned. Much of the vital jute crop lies about people who live in fear and who Mr. President, at times like these, when rotting in fields. And more than 300,000 daily see their loved ones killed. It siin­ the world receives another wound, when tons of imported grain sit confiscated in ply does not matter that the vehicle of all of us are stunned and saddened by the clogged ports of Chittagong and death is already licensed or classified the things human beings are capable of Chalna, waiting for the transport facili­ nonlethal. What matters is the chance doing to each other-at times like these, ties which instead carry soldiers to the of millions of people for a decent life­ I wish that we could find a magic way to battlegrounds of East Bengal. or for any life at all. That is why we must win a permanent peace. But we have no Our economic aid to Pakistan has pro­ help India care for the refugees and cut such magic, only our strengths and frail­ longed the oppression of the people of off economic and military aid to West ties, only the eyes to see what is wrong, East Pakistan. It has sustained the West Pakistan. And that is why we must act and the hands to make some wrong while millions in the East struggle for at once. things right. And now we must do the survival. And the longer this conflict con­ And we must also act because of what right thing for the people of East Bengal tinues, the larger the exodus to India. that says about ourselves as a nation. and for ourselves. will be. For too long, the goals of our foreign There are those who say that we should policy have submerged concern for hu­ not withhold our aid to impose a political man life under tactical, economic, and NOMINATIONS TO THE SUPREME solution on a civil conflict. It is true that diplomatic considerations. And whether COURT American assistance should never be used we like the realization or not, both the as a lever for political control. But nei­ policymakers in Washington and the Mr. MATHIAS. Mr. President, the ther should it be used as an instrument American people have reinforced this Senate is now engaged in one of its most of death. Our aid is given to build life­ formalistic approach to international af­ solemn responsibilities as it joins with and when it is employed to fuel the forces fairs, as if the nations of the world were the President in the act of making ap­ of destruction and genocide, then it is colored spaces on a board game, as if pointments to the Supreme Court of the our duty to withhold it. At the same time, their people were only wooden blocks to United States. The act of appointment it is our duty to resume our support be moved and sacrificed with each addi­ consists of two distinguishable phases: whenever we can be certain that it will tional roll of the dice. nomination and confirmation. There is be used for humanitarian purposes­ But we have also thought of ourselves no requirement, however, that these acts when, for example, it is provided through as a decent people. And we have talked need be performed in isolation, or with­ multilateral organizations. about a commitment to compassion and out reference to their obvious and neces­ And there are those who say that we humanity in our relations with the rest sary interaction. must continue aid to maintain influence of the world. We know, when we speak An interesting and timely study of the with the Pakistani Government. There is rationally in Chambers like this, that it role of the President and the Senate re­ only one way to do that-by joining with is right to make that commitment a spectively has been written by Stanley a world of nations, by creating a solid reality. Mazaroff, Esq., of Baltimore, Md. I ask alliance of countries, to tell the govern­ So I believe that our leaders have a re­ unanimous consent that it be printed in ment of Yahya Kahn to stop the killing sponsibility, not only to the people of the RECORD. now. And that is why we must withhold Pakistan, but to the American people as There being no objection, the study economic development aid from Pakistan. well-a responsibility to put concern of was ordered to be printed in the RECORD, Finally, we must cut off all military human life back into our equation for as follows: assistance to Pakistan-by revoking all foreign policy. We must never again make ROLE OF THE PRESIDENT AND SENATE remaining licenses for the export of mili­ a foreign policy decision that does not James Madison's notes of the Constitu­ emphasize the preservation of human life. tional Convention are beyond question the tary equipment and insuring that no new best evidence we have of what the framers licenses are granted until a saitisfactory Our country was built on a belief in the of our Constitution intended its provisions political settlement has been reached. It worth of every woman and man. And to mean.3 A perusal of the proposals, debe.tes, is our weapons and our planes and tanks those who built it would have wanted us commlttee recommendations and votes re­ that have enforced repression in the East. to make our decisions with that in mind~ corded in Madison's notes which pertain to The administration admits that. We can­ And I think it is important that we do the selection of Supreme Court judges re­ not take those weapons back, or retrieve so for another reason-to bring a badly veals that there is no constitutional basis for many of the common assumptions on the lives which they took. But we must needed respectability back to our Govern­ what the correlative responsibilities of the not let another weapon reach the hands ment and to its actions in international Senate and the President were intended to of a Pakistani soldier. affairs. To often in the past two decades, be. On April 12, a State Department Government officials have treated foreign Clearly refuted is the theory that the spokesman assured us that we would not. policy the way President Nixon treats the Senate's role is merely a perfunctory one He issued the following statement: Pakistani crisis today-in secrecy, with and that the appointment of Justices is "There is no-repeat-no military equip­ deception and half-truths, with clarifica­ essentially an executive prerogative. Mad­ ment in the pipeline and none has been tions and restatements and ambiguity ison's notes show this interpretation to be wrong in the extreme. The debates also show delivered." But that was not true. On and sometimes even silence. Too often, that there is no constitutional foundation to June 22, the state Department verified our Government has been thought of by support the Motion that Senators are not to reports that two ships had left New York millions of our citizens as the jailer of exercise their own subjective judgment in with more military hardware for Paki­ the truth. Each time a high official plays passing upon a nominee, that Senators are stan. politics with truth, each time some dis­ to repress their philosophical preferences in And in September, Senator CHURCH torted sense of purpose leads the Govern­ favor of the President's, or that the Presi­ revealed that $35 million in U.S. military ment to deceive, we reinforce the view dent's nominee should be considered pre­ sumptively quallfted. supplies are still scheduled for the gov­ that every foreign policy is stained by The delegates at the Constitutional Con­ ernment of Yahya Khan. such deception, even those policies which vention consistently adhered to the view We could talk about the politics of truly are open and worthwhile. And we that the paramount responsiblllty in the truth in government. But an admission all know, that especially in foreign af­ appointment of Supreme Court judges would of untruth would give no consolation to fairs, this Nation can make no progress be borne by the Senate. Senate participa­ the Bengali citizens who may become the without the faith and trust of its people. tion was at all times considered by the next victims of our weapons. The admin­ So what we do in Pakistan is important farmers to be the essential element in the istration has explained that the deliveries It selection process. That the President was for a number of reasons. is important accorded any role at all in the process was were already "licensed" and so they did because it can give a new respectability the product of an eleventh hour concesslon, not constitute "new" military aid-as if to our actions in matters of foreign af­ a concession that Professor Max Farrand old weapons make death less final than fairs. It is important because it can re­ attributes to the delegates growing tired.' the new. And then the administration new our concern for human beings and The President clearly was given the ex- exPlained that bullets were not consid­ human life abroad. And it is vitally im­ ered "lethal items," a distinction which portant-immediately important-be- Footnotes at end of article. 39212 CONGRESSIONAL RECORD - SENATE November 4, 1971 elusive right to nominate. However, Mad­ soundly defeated, they naturally switched to mended that "the President . . . shall nom­ ison's record suggests that it was the Sen­ the position that would give the President inate and by and with the advice and con­ ate, in exercising its authority to "advise some share of authority. Other supporters, sent of the Senate shall appoint ... judges and consent.. , that was intended by the such as Madison, moved toward the center of the Supreme Court." 25 farmers to do the actual appointing. from the side favoring Senate control. How­ If we had no hard evidence of what the When the main work of the Constitutional ever, enough supporters of exclusive Senate Committee intended in fashioning this Convention began on May 29, 1789, Governor control held their ground to prevent the scheme, it would nevertheless seem certain Randolph introduced the Virginia Plan in proposal from obtaining a. majority (the vote that its members would not have turned their which there was a resolution calling for a was four delegations to four), and conse­ backs on the previously expressed will of supreme tribunal "to be chosen by the Na­ quently the provision granting the power their delegations. They could ha.rdly have ig­ tional Legislature." 8 On June 13, at the soley to the Senate was left sta.nding.17 nored the fact that the last manifestation of conclusion of the first round of debates on By the end of the debate on July 18, it Convention intent was a vote of six delega­ the resolution, the delegates, led by Charles was clear that those who favored Senate tions to three favoring exclusive Senate se­ Pinkney of South Carolina, Roger Sherman control had prevailed. The proposal for ex­ lection. Or that the only time that the Con­ of Connecticut and James Madison, agreed clusive executive control had been defeated vention considered a. proposal involving ad­ unanimously to amend the provision and to and abandoned by its supporters in favor of vice and consent, the matter divided the vest this appointment authority in "the joint responsibility. Some measure of Senate Convention, four delegations favoring exclu­ second branch of the National Legislature." 1 participation in the appointment process thus sive Senate control and four favoring "advice From this point until practically the very had been assured. And complete Senate con­ and consent." Given the fa.ct that most differ­ end of the Convention, the prevailing view trol appeared probable. ences were being resolved through compro­ remained that the selection of Supreme The activities of the Convention three mise, it is reasonable to assume that the Court Judges was to be exclusively a func­ days later reconfirmed the will of the Con­ Committee of Eleven intended their proposal tion of the Senate. vention to provide the Senate with a firm to represent a. compromise between these two In contrast, at no time did the Convention hand in the appointment process. On July positions. favor vesting the power exclusively in the 21, there began a consideration of a motion Such a compromise well might be reflected Executive. Not that this wasn't suggested. ma.de earlier by Madison that "the judges in the fa.ct that the Committee did not re­ Indeed it was, by James Wilson of Pennsyl­ should be nominated by the Executive, and iterate the earlier proposal "that the judges vania at the beginning of the debates on such nomination should become appointment be nominated and appointed by the Execu­ June 5 8 ; as part of the New Jersey Plan in­ if not disagreed to within (certain unnum­ tive, by and with the advice and consent of troduced by William Patterson on June 15 e; bered days) by two-thirds of the second the Senate," which had been '.favored by only and again by Wilson in the form of a motion branch." is When Elbridge Gerry of Massa­ half the Convention. Instead, the Committee on July 18.1° But the idea never carried very chusetts objected. to the concept of requir­ rearranged the phraseology and placed the much currency, most probably because, as ing two-thirds of the Senate to reject a "Senate" immediately before the verbs "shall John Rutledge of South Carolina. put it, nominee, Madison amended his motion to let appoint." "[T]he people will think we are leaning too a majority reject a. nominee.10 Madison's mo­ Fortunately, what was intended by the much toward Monarchy." 11 tion, a.s George Mason objectionably noted, recommendation of the Committee of Eleven Wilson's motion of July 18 carries for the obviously would have ma.de the Senate's need not be left to conjecture. On Septem­ purpose of this discussion special significance. share of authority strictly second ra.te.20 ber 5, two days after the Committee's pro­ Wilson moved to strike from the provision The Senate, in effect, would have been em­ posal, Wilson who from the start had strongly dealing with who should appoint Supreme powered only to negate a nomination; Sen­ opposed giving this authority to the Senate, Court members the words "second branch of ate approval would not have been required. rose and denounced that pa.rt of the Report the National Legislature" and to insert the The great, gray unknowns would have been that gave the Senate, according to Wilson, words "National executive." 11 Governor carried to the bench on the ere.st of Senate "the virtua..l appointment to offices; among Morris, one of Wilson's fellow delegates from lassitude, not support. Moreover, under Mad­ others the offices of the judiciary depart­ Pennsylvania., seconded the motion. Luther ison's motion, even if fifty percent of the Sen­ ment." The President "cannot even appoint Martin of Maryland, Roger Sherman of ate strenously opposed a. nomination, the a tide-waiter without the Senate," Wilson Connecticut, George Ma.son and Edmund nominee would nevertheless take his seat. It objected.211 Randolph of Virginia. and Gunning Bedford is no surprise that the Convention would After Wilson concluded, Governor Morris of Dela.ware all spoke in opposition to Wil­ have no part of this. And Madison's proposal took the floor to defend the Committee's son's motion. Other than the two who spon­ was defeated six degelations to three,m. the Report. Morris' views deserve special respect. sored the motion, only Nathaniel Ghorum of motion obtaining less support than the ad­ From the start he had demonstrated a. keen Massachusetts expressed a preference for it.u vice and consent motion that narrowly failed interest in the subject. He a.long with And when the vote was taken, the motion three days earlier. Ghorum were the sponsors o'f the advice and was defeated six delegations to two.13 Support for exclusive Senate control of the consent proposal from which the recom­ Thus, when the Convention was presented appointment of Supreme Court members was mendation of the Committee of Eleven de­ with a clear choice between depositing the approved twice more &fter the defeat of Mad­ rived. Most significantly, he was a. member authority to appoint Supreme Court judges ison's motion. First, by six delegations to of this Committee, and thus he knew what in the Senate or in the President, the dele­ three at the close of the Convention on July the Committee intended. His words repre­ gates opted heavily in favor of the Sen­ 21,22 this date marking the end of the Con­ sent the best evidence of what the Commit­ ate. vention's general debate on the matter. And tee contemplated,, indeed what the scheme There was in the Constitutional Conven­ again, on August 6, by the Committee of De­ found in our Constitution means. tion a spirit of compromise. We remember tail, to which all the Resolutions that had -Morris sought to convince Wilson that the it best through the scheme of congressional been passed by the Convention had been re­ Committee's report took some of the Sen­ representation it produced. This determina­ ferred for the purpose of arranging them in ate's power away. He noted that prior to the tion to assuage both sides of a. controversy the form of a. constitution.23 In that two of Committee's Report, the Senate "had the was not without its impact on the manner the five committee members, Wilson and appointment without any agency whatever in which Supreme Court judges were to be Ghorum, were originally the most assertive of the President." 27 And succinctly he stated appointed. While the delegates were in the critics of vesting this authority in the Sen­ the way the Committee's recommendation process of rejecting executive control in fa­ ate, and in that this Committee took the lib­ changed this, and what in fact, the proposa.1. vor of legislative control of this appoint­ erty of changing the substance of many other before the Convention was intended to ment power, a third position employing the resolutions, it was of no small moment that mean: advice and consent concept found in some this Committee decided to keep in ta.ct the "They [the Senate] are now to appoint State Constitutions began to gain foothold. resolution vesting the authority solely in the Judges nominated to them by the Presi­ This method of selection first was intro­ Senate. dent." 28 duced on June 5 by Alexander Ha.mllton.1' After the Committee of Detail submitted Morris' interpretation was the only one At the time it captured no more serious at­ its report, the Convention proceeded to pass offered in explanation of the Committee's tention, and probably less chuckles, than on each of its recommendations. However, it proposal. It also constituted the la.st ob­ Benjamin Franklin's sardonic proposal to did not reach the one dealing with the selec­ servation on this subject in the Convention. allow the organized. bar to appoint the judges tion of Supreme Court judges. On the la.st On the 'following day, September 7, the Con­ on the ground that they would surely ap­ day of August, the Convention, becoming vention unanimously agreed to adopt the point the best among them in order to get restless to bring the entire Convention to a proposal of the Committee of Eleven.29 One rid of him and divide his practice.15 close, referred the matter, along with all week later the work of the Convention was When Ghorum and Morris moved on Ju1y other resolutions not yet finally adopted, to brought to a.n end. 18 "That the Judges be nominated and ap­ a. Committee of Eleven, composed of one rep­ pointed by the Executive, by and with the resentative from ea.ch delegation.u FOOTNOTES 3 advice and consent of the Senate." 19 it On September 4, the Committee of Eleven Madison's notes are found in Farrand, was apparent that this position had gained reported to the Convention. Its report rep­ The Records of the Federal Convention of additional support. It came primarily from resented the first time that the Convention 1787 ( 1937 Revised Edition in Four Volumes), those such as Ghorum and Morris who ini­ or any committee thereot did not endorse hereinafter referred to as Farrand. tially favored vesting the authority solely in vesting the selection of high court Judges 5 Farrand, The Framing of the Constitution the President. After that proposition was solely in the Senate. The Committee recom- of the Untied States p. 171 (1913). November 4, 1971 CONGRESSIONAL RECORD - SENATE 39213

41 Farrand, Volume I, p. 21. The Brigham Young University Regional The Community Classroom.-The com.;; 1 Id at 233-237. Center for Community School Development munity becomes the classroom when the stu­ s Id at 119. was established by the Mott Foundation in dent gets actual on-the-job experience. A o Id at 244. 1968. This Center is responsible for the dis­ community school involves business groups, 10 Farrand, Volume II p. 41. semination and implementation of the Com­ chambers of commerce, etc., in making these 11 Farrand, Volume I p. 119. munity School concept and the training of programs possible. 12 Farrand, Volume II pp. 41-44 community education leaders throughout Increase Tolerance and Understa.nding.-A 18 Id at 44. Utah, Ida.ho, Wyoming a.nd Nevada. Communiity School provides opportunities u Fla.rrand, Volume I p. 128 (Pierce's My associate, Dr. Keith Rogers, and I just for people of all ages, races and ethnic Notes). presented a two-day workshop at Idaho State origins to meet and gain respect for one 15 Id at 120. University where we had the opportunity to another. 1s Farrand, Volume II p. 44. work with twenty public school superintend­ Sub-Cultures are Valued.-The many sub­ 17 Ibid. ents and principals in Ea.stern Idaho. We cultures in American society can be accepted 18 Id at 80 have also held community education work­ and valued in a good Community School. 19 Id at 82 shops in Idaho Falls and Boise. At the pres­ The foreign born can prepare themselves for 20 Id at 82, 83 ent time there a.re pilot Community School citizenship. 21 Id at 83. programs in Boise (Dist. No. 1) , Blaine Involve Senior Citlzens.-Senlor citizens 22 Ibid. County (Dist. No. 61), Bonneville County can learn, have a feeling of belonging and ex­ 2:1 Id at 183. (Dist. No. 93), Idaho J.ilalls (Dist. No. 91), press their creativity and talent in a Com­ 2t Id at 481. Pocatello (Dist. No. 25), and Rexburg (Dist. munity School. 25 Id at 498. No. 321) . It appears that the implementa­ The Lighted School Becomes a Symbol.­ 26 Id at 622, 523. tion of new programs in Idaho will be very A Community School unlocks the doors be­ Z1 Id at 523. slow because of the financial situation fore, during and after the regular school 28 Ibid. there. We are hopeful that we can establish day so that the entire Community can bene­ 20 Id at 539. a Community Education Center at Idaho fit. The schools belong to all the people, not State University which will be working co­ merely the youth. A Community School is operatively with this Center at BYU. We have better utilized at all times so that where limited matohing funds provided through the there was darkness, there is now light. BRIGHAM YOUNG UNIVERSITY-A Mott Foundaition for this purpose. Prelimi­ FINE EXAMPLE OF WORK FOR nary negotiations are underway. SCHOOLS INVOLVE THE PEOPLE WHO OWN THEM COMMUNITY SCHOOLS As you probably know, Utah ls completely A Summary of Community Education dedicated to t,he Community School concept A Community School: Mr. CHURCH. Mr. President, Brigham and ls moving ahead as rapidly as limited Extends its services around the clock and Young University is one of the most out­ funds will permit. Your blU will hopefully throughout the year. standing higher education institutions in provide new impetus to the Community Includes all people of all ages within the our Nation. Its dedication to the concept School movement throughout the country. community as members of its Student body. of educational opportunity is unques­ Twenty-five thousa.nd copies of the en­ Is for the whole family. It builds indi­ tioned. Its fine record in education speaks closed booklet have been distributed through­ vidual and family strength. out the country. We would be happy to make Uses all the resources of the school and for itself. additional copies available upon request. community. It is for these reasons that I was Sincerely, Sets the environment for the community pleased to learn recently of the commit­ ISRAEL C. HEATON, to get to know ltsel! and its difficulties. ment of BYU to the community school Director, Regional Center for Com­ Provides programs and counseling which concept. BYU is working, through the munity School Development. can make a big impact on unemployment. Brigham Young University Regional Enclosure. Furnishes supervised recreaitional, educa­ Center for Community School Develop­ tional, social, vocational, and avocational op­ LET'S OPEN THE ScHOOLS . . portunities. ment, to disseminate information and Provides a forum for the discussion of so­ aid in the implementation of the com­ Family Togetherness for ALL PEOPLE of ALL AGES at ALL TIMES,-Famllies come cial problems. munity schools in the States of Utah, to the lighted Community School together Furnishes facllltles for health services. Wyoming, Nevada, and my own State of for fun, recreation, learning and growth. Serves a.s a catalyst for family, neighbor­ Idaho. Strengthen Fam111es.-There can be some­ hood and community economic planning. BYU is to be commended for its ex­ thing exciting for every person, no matter Provides initial leadership in planning and what his age. carrying out constructive community proj­ cellent work in this exciting and rapidly ects. developing area. Raise Living Stande.rds.-New skills ca.n mean more money in the pay envelope. Voca­ Promotes democratic thinking and action. The community school concept is an tional classes offer many kinds of training. Constructs its curriculum and activities exciting one, Mr. President. Its promise Improve Home Management.-Know-how creatively and is less reliant upon traditional is great. That is why I have introduced in cooking, sewing, shopping, as well as education patterns. S. 2689, the Community School Center making and stlckin·g to a family budget, can Is genuinely life-centered as a social in­ Development Act, which would provide be learned at the Community School. stitution. aid for the expansion of such programs. Resolve Social Issues.-Community prob­ Develops a sense of unity and solidarity in Mr. President, I ask unanimous con­ lems can be met at a local level involving citi­ its neighborhood. Oneness of purpose over­ sent that a letter I received recently zens in improving their own neighborhoods. comes community problems. Drugs, alcohol, disease, prejudice and other Initiates programs of usefulness for persons from Israel C. Heaton, director of the social ms can be analyzed and dealt with. of all backgrounds, classes, and creeds. BYU Center for Community School De­ A Great Place for Teenagers.-A teen club The community is the classroom. velopment, and the text of the publica­ in a Community School, a.long with other The facilities of community education a.re tion he provided me, entitled "Let Us social, recreational and learning activities, community school coordinators and directors. Open the Schools for All People of All can give a teen-ager a place in society so Ages at All Times," be printed in the he will not feel alone, friendless, and even RECORD. homeless. Reduce Juvenile Delinquency.-Glve the There being no objection, the items kids something interesting and exciting to REAL LEADERSHIP AND PROGRESS were ordered to be printed in the RECORD, do with their spare time, then juvenile orime IN FIGHT AGAINST CRIME as follows: and vandalism can go down. Mr. HRUSKA. Mr. President, Richard BRIGHAM YOUNG UNIVERSITY, Rea.ding Becomes Enjoyable.-Reading M. Nixon has done more than any recent October 20, 1971. problems can be diagnosed a.nd corrective Senator FRANK CHURCH, steps ta.ken. Rea.ding for enjoyment and in­ President of the United States to reduce U.S. Senate, formation in school libraries can also be the amount and effectiveness of criminal Washington, D.C. made available. activity in this country. DEAR SENATOR CHURCH: We are very excited Enriching Experlences.-Both parent and While crime incidents grew at an about the bill relaltive to community edu­ child can be involved in activities before, alarming pace during the late 1960's, cation which you have introduced in the during and after school, which gtives them the latest figures for 1970 indicate that Senate. The introduction of this bill is most both a running start in the regular school timely and appropriate. No doubt the tow-­ day. the rate of crime increase slowed for the teen community education centers already Neutral Ground for Community Team first time in many years. This rate has established by the Mott Foundat,ion will all Work.-A good Community School provides dropped another 4 percent during the be .anxious to assist in any way they can the neutral ground for ronununity serving first half of 1971. This indicates that the upon your request. groups to work together. changed emphasis on strong law en- 39214 CONGRESSIONAL RECORD - SENATE November 4, 1971 forcement instituted by this administra­ ing and statistics are beginning to reflect State or local gambling laws; and permits tion is beginning to have the desired this determination and this effort. Federal courts to impose additional sen­ effect. While the task of bringing order In the one city where the Federal Gov­ tences of up to 25 years on certain dan­ and justice to America is not complete, ernment has direct responsibility for gerous special offenders-those involved and tlie total absence of crime is an safety and law enforcement, Washing­ in organized crimes. unattainable dream, heartening progress ton, D.C., the results are most encour­ The Comprehensive Drug Abuse Pre­ to redeem the Republican pledges of aging. Crime rates fell month by month vention and Control Act of 1970.-Public 1968 has been made. throughout 1970 from corresponding Law 91-513.-This act contains a con­ Critics who would have us believe that periods in previous years and in the first solidation and modernization of all pre­ the President has not made tremendous quarter of 1971 there were actually 17 viously existing drug-control laws. It strides to alleviate this most important percent fewer crimes in the District of creates a flexible system of scheduling domestic problem are wrong. Those who Columbia than in the same quarter of dangerous substances according to po­ contend that the situation is no better 1970. That is tremendous progress and tential for abuse, with provision for ad­ in 1971 than it was in 1968 are wrong. demonstrates what can be done when ministrative rescheduling which has al­ Prognosticators of doom who would over­ every effort is turned against crime. What ready been exercised by the Attorney look the fact that in 22 major cities has been accomplished in the Nation's General in the case of amphetamines. It crime actually dropped in 1970 are Capital can be duplicated across the completely modernizes penalties for drug wrong. country if citizens and officials alike fol­ offenses, making punishments tailored to· A quick glance at the record will show low the example of the President and the the offense and the offender. There are no the extent of action in this field by Federal community. minimum mandatories except for the President Nixon and this administra­ The c11tics, the naysayers, are wrong. professional trafficker. There are in­ tion: This President, this administration, is creased powers for law enforcement such Federal funding for State and local doing something to reduce crime; and as "no-knock" warrants and greater ar­ law enforcement programs has increased as a result, crime rates are dropping for rest powers. And there are more extensive from $63 million in fiscal year 1969 to the first time in years. and efficient registration and recordkeep­ $698.9 million in fiscal year 1972; CONGRESSIONAL INITIATIVE ing requirements for those who legally The strength of the Department of In 1968 I had the privilege of serving handle drugs. Justice, the chief Federal law enforce­ as the vice chairman of the Platform The Omnibus Crime Control Act of ment branch, has been greatly ex­ Committee at the Republican National 1970-Public Law 91-644.-Numerous panded; Convention. Our group spent many hours changes in the Federal law-enforcement Emphasis on ending organized crime considering the problem of crime in assistance administration were made by is paying off with the more than dou­ America and finally came up with this this law, including the addition of part bling of the number of strike forces, and statement concerning our views on this E to insure that massive Federal funds the indictment of more than 2,000 and issue: were made available to the States to the conviction of more than 650 orga­ Lawlessness is crumbling the foundations modernize and upgrade correctional in­ nized crime figures in fiscal year 1971; of American society. stitutions and techniques. In addition, Under administration leadership, Con­ Republicans believe that respect for the minimum sentences were provided for gress passed in 1970 the largest package law is the cornerstone of a free and well­ anyone who commits a crime with a fire­ of anticrime legislation in recent mem­ ordered society. We pledge vigorous and arm; authorized the United States to ap­ even-handed administration of justice and peal certain types of criminal cases; pro­ ory, including the Organized Crime Con­ enforcement of the law. We must re-estab­ trol Act, the Omnibus Crime Control Act, lish the principle that men are accountable vided additional protections for the the Comprehensive Drug Abuse Preven­ for what they do, that criminals are respon­ President and Members of Congress; and tion and Control Act, and the District of sible for their crimes, that while the youth's altered the Wiretap Commission to per­ Columbia Omnibus Crime Act; environment may help to explain the man's mit a study of the effects of this law­ The FBI manpower and jurisdiction crime, it does not excuse that crime. enforcement technique. have been strengthened and expanded More than a dozen very specific pledges The District of Columbia Omnibus so that it is better equipped to assist the were listed following this general state­ Crime Act-Public Law 91-358.-This Department of Justice in apprehending ment. These pledges are being fulfilled. law totally reorganized the court system those suspected of criminal activity; In the future the results of this commit­ for the District of Columbia, created a A 66-percent increase in the arrests ment to order and justice under law will District of Columbia public defender, for drug abuse infractions has been ac­ be impressive testimony to the President's altered the structure of the District of complished in the past 2 years by the dedication and leadership in this field. Columbia bail agency, and made numer­ newly beefed-up Bureau of Narcotics The Senate and House during the 9lst ous substantive changes in the local and Dangerous Drugs; Congress did their part to provide the criminal law, including the authoriza­ Negotiations have been initiated with President and the Attorney General with tion of "no knock" searches and "pre­ foreign nations to end the international the tools necessary to wage this fight. ventive detention." traffic in narcotics; and During 1970 alone five vital bills were ap­ The Omnibus Judgeships Act-Public Civil disorders have been brought to proved which add up to the most signifi­ Law 91-272.-More than 60 additional a minimum and long cool summers have cant anticrime legislation in this Na­ U.S. district judges across the Nation taken the place of long hot summers, tion in over a decade. were created by this law. These new which had become the rule during the The Organized Crime Control Act of judges will greatly assist Federal courts 1960's. 1970__,Pulblic Law 91-452.-Among other in rendering prompt and effective justice Crime is a national problem, but the things this law creates special grand to those people brought within its Juris­ authority of the Federal Government is juries to prove organized crime activities; diction. not national in scope. The President can authorizes immunity for witnesses who Mr. President, the Nixon administra­ set the tone for the country, but he can­ assist in investigations, and provides civil tion, stepping into a near vacuum of in­ not enforce it; Governors, sheriffs, may­ contempt for those who refuse to cooper­ activity prior to 1969, has fashioned ors, and other local law enforcement of­ ate; makes it a crime to use money from meaningful programs to deal with crime. cials who have direct control over the organized crime to establish a legitimate Notable strides have been made in such better than 90 percent of crime that is business in interstate commerce; extends essential areas as the fight against orga­ not Federal in character must complete FBI jurisdiction to cover bombings and nized crime and the traffic in narcotics the crime reduction task. President Nixon arson on college campuses and at every and dangerous drugs. has spoker. out on this problem with institution receiving Federal assistance; LAW ENFORCEMENT ASSISTANCE ADMINISTRATION great frequency since he has entered the provides the death penalty for anyone But as important as they are, Federal White House. He has directed the Attor­ convicted of a fatal bombing; establishes enforcement efforts comprise only a small ney General and other officials to do all Federal control over interstate and for­ percentage of the Nation's total law en­ that can be done in Washington to end eign commerce in explosives; makes it a forcement machinery. crime rate s'pirals. The response from Federal crime to participate in a con­ To expand assistance to State and local the rest of the Nation has been hearten- spiracy to obstruct the enforcement of governments, which hare the main re- November 4, 1971 CONGRESSIONAL RECORD-SENATE 39215 sponsibility for law enforcement and BUREAU OF NARCOTICS AND DANGEROUS DRUGS niques to stop ambush slayings of police­ criminal justice programs, is another Enforcement activities were strength­ men. Nixon goal. ened by the Bureau of Narcotics and Since crimes by young people are rising The major responsibility for anticrime Dangerous Drugs. faster than for any other age group, the efforts has always rested at the State and At the end of 1968, an average of 486 important area of prevention and control local level. But there is a legitimate Fed­ persons were being charged monthly with of juvenile crime and delinquency has not eral role: First, leadership to attain uni­ drug traffic offenses. By the end of 1970, been overlooked. Substantially larger fied programs; second, :financial re­ the charges against drug traffickers had sums of Federal funds are going into pro­ sources that will help State and local climbed to 808 a month-an increase of grams in this area, and for the first time governments improve every aspect of 66 percent. in the Government's history all Federal their law enforcement systems. In addition, important agreements juvenile crime and delinquency projects In the past 3 years, the program of were reached with several foreign na­ are now being conducted by a top-level the Law Enforcement Assistance Admin­ tions to curb international traffic in interagency council. istration-LEAA-has grown enormous­ drugs, and the Bureau stepped up its Federal funds also have been a catalyst ly, from $63 million in fiscal 1969 to $698.4 activities against illegal laboratories for improvement and reform. million in fiscal 1972. Virtually all of the producing synthetic drugs. Nineteen such Under the leadership of the Nixon funds go directly to criminal justice laboratories were closed down in a re­ administration, law enforcement assist­ agencies in the States and localities. cent 10-month period. ance funds total some $1.5 billion in a 3-year period. DEPARTMENT OF JUSTICE OTHER ACTIVITIES The LEAA program has created a uni­ At the Federal level, the Government's Through LEAA, the community rela­ fied anticrime program throughout the main enforcement arm is the Department tions service, and other Federal agencies, Nation, and thousands of projects are of Justice. Its overall strength has been the Government has moved quietly but underway. No effort of such scope to enhanced significantly. effectively to work for the prevention of :fight crime and improve criminal justice In 1968, the Department's appropria­ civil disorders. has existed before in the Nation's history. tion was $437.5 million, and it had 34,800 After a decade marred by riot after Most of LEAA's funds go to the States employees. By fiscal 1972, the budget riot in major urban areas, there have in block grants, and States and localities had grown to nearly $1.6 billion, with an been no major civil disorders in the past have substantial discretion in setting authorized staffing level of more than 46,­ three summers in the cities. their own priorities for use of the funds. -000 positions. When trouble began flaring at a num­ This added measure of responsibility­ President Nixon created a National ber of colleges and universities, the Gov­ different from most Federal grant pro­ Council on Organized Crime, which de­ ernment again took quick action, and the grams-is in keeping with the concept veloped and put into operation strategies President's Commission on Campus Un­ that law enforcement is basically a State to smash one of the Nation's gravest rest compiled its landmark study. In the and local responsibility. crime problems. past year, a new level of campus stability The Department of Justice placed sub­ was evident. LEAA BLOCK GRANTS stantial new emphasis on organized When the problem of bombings-es­ In fiscal 1971, block grant funds crime strike forces, and by mid-1971, pecially on college campuses-began to totaled $340 million. Their use shows that 18 strike forces were in operation com­ assume serious proportions, the Govern­ every important aspect of crime is being pared to seven in 1968. ment moved in a decisive fashion, and the attacked across the Nation: The results of the Department's em­ jurisdiction of the FBI to investigate Police programs received $137 million, phasis on organized crime activities have bombing cases was substantially or 40 percent. been quickly apparent. expanded. Corrections programs received $110 In fiscal 1971, there were 2,122 persons The Federal role in improvement of million, or 32 percent. indicted in organized crime cases and State and local law enforcement systems Courts programs received $36 million, 679 convicted, compared to 1,166 indict­ has been a combination of providing or some 10 percent. ments and 520 convictions in fiscal 1968. leadership and :financial resources. And in addition: Of additional significance are the sta­ The Government has placed great em­ Crime prevention programs received tistics on high-echelon members of orga­ phasis on being a catalyst for improve­ $26 million. nized crime. In fiscal 1971, 106 high­ ment and reform of every important as­ Civil disorders and police-community echelon members were indicted and 61 pect of the Nation's law enforcement and relations received $18 million. were convicted, compared to 38 indicted criminal justice system. Organized crime programs received $12 and 23 convicted in fiscal 1968. PRESIDENTIAL INITIATIVE million. In th0 18-month period ending July 1, LEAA also a wards large sums in direct The President has taken a leading role discretionary grants for priority projects 1971, the Department indicted or ob­ in triggering this improvement process tained convictions against nearly half of at the State and local level, :finances a through calls for new action and new variety of research and development pro­ the 25 heads of the Nation's organized initiatives. crime groups. grams, :finances college studies by police­ Under his leadership, the first national men, and has been a leader in developing FEDERAL BUREAU OF INVESTIGATION conference on the judiciary was held ear­ computerized information and identifica­ The staff and activities of the Federal lier this year. It brought together judges tion systems for police and other criminal Bureau of Investigation also have in­ from throughout the Nation to give fresh justice agencies. creased significantly in the past 3 years. impetus to programs to overhaul court The LEAA efforts are broad. The Adequate manpower is a key to effec­ systems-to speed trials and to eliminate agency is not interested in only improv­ tive law-enforcement activities, and at backlogs of cases that exist in many parts ing each component of the system sep­ the end of fiscal 1971 there were 8,548 of the Nation. arately. For the first time in history, FBI agents--compared to 6,699 in fiscal A national conference on corrections all components-police, courts, and cor­ 1968. has been called by the President, and will rections-are working together to make In the same period, the overall FBI be held later this year. rt will be another the fragmented criminal justice system staff increased from 15,961 to 19,629 step in the Government's efforts to im­ a true system that deals with crime and employees. prove the Nation's prisons and jails, and the offender at every level. In fiscal 1971, convictions were ob­ to improve rehabilitation of offenders. Large amounts of funds are flowing tained of 95 percent of the persons This is a key to reducing crime, for there into urban areas with severe crime prob­ brought to trial in FBI cases. Of those are estimates that well over half of all lems, and States are now required to 13,357 convicted, 83 percent were on crimes are committed by former inmates. make certain that cities with high crime guilty pleas. Under White House leadership, a num­ rates receive adequate aid. The FBI located a record number of ber of conferences have been held for Under a recent reorg,aniza,tion of fugitives-33,863-and the fines, savings, police chiefs and sheritis, and topics have LEAA, new emphasis is being placed on and recoveries resulting from FBI inves­ ranged from more effective ways to pre­ programs to produce a quick, high im­ tigations totaled a record $475 million. vent and reduce street crime to new tech- pact against street crime, while a.t the 39216 CONGRESSIONAL RECORD - SENATE November 4, 1971 same time long-range improvement pro­ [From the Wall Street Journal, Oct. 29, 1971) and his father, Jesse, 61. The two men, using grams continue to be carried out. THE FEDERAL CRACKDOWN ON ORGANIZED phone booths at Miami International Airport, GAMBLING PRODUCES SOME RESULTS-NEW were observed making calls all over the coun­ SLOWING OF CRIME RATE LAWS, "STRIKE FORCES" BRING MANY INDICT­ try-Atlaruta, Baltimore, Cleveland, Detroit, FBI reports show that the Nation's MENTS; BUT CRIME STILL FLOURISHES Louisville, Newark and Philadelphia. They serious crime grew at an average of less were a,pparently functioning as brokers, help­ (By Liz Roman Gallese) ing even out risks by taking bets on sporting than 12 percent a year for the past 2 DETROIT.-It started 1n the Anchor, a years. In the previous 2-year period, events from some gambling rings and placing dingy basement bar here, one morning last them With others. crime grew at an average of more than May when a score of FBI agents and local po­ FBI agents tapped the telephones in the 16 percent. licemen clattered down the cement steps, airport booths and hid an a.gent with a movie This is not a decrease in crime. But shouldered past gaping early-morning pa­ camera. in a huge packing crate nearby. When it is a slowing in the rate of increase. trons and arrested six key figures in an the case ca.me to trial this summer in Miami And that is significant. alleged gambling ring. federal district court, the jury watched the Even more significant is the fact that Before the day was over, 100 other loca­ FBI's movies and listened to three hours of 22 major cities actually reduced crime tions, mostly in Michigan, had been raided, tape-recorded wiretaps. The evidence left the last year. and 151 persons had been arrested and in­ Sklaroffs defenseless-their lawyers called no dicted for gambling violations. It was the witnesses and made on1y a brief argument to Further, for the first 3 months of this biggest federal gambling raid ever. the jury claiming the two men didn't know year, 60 major cities reported actual de­ The raids haven't been as spectacular since they were breaking the law. They were con­ creases in serious crimes. then, but the new and massive federal crack­ victed but say they plan to appeal. One of those cities was Washington, down on organized gambling 1s plainly mak­ Results like that explain why the chiefs D.C., which in the first quarter of this ing headway. Armed with increasing man­ of several strike forces (there a.re 18 now, up year had 17 percent fewer crimes than power and a pair of new laws, federal "strike from seven, three years ago) say they're un­ forces" by midyear had netted 324 indict­ der pressure from Washington to step up iI: a corresPonding period a year earlier. ments against hundreds of individuals 1n The Nixon administration has placed a their use of wiretapping. But they contend cities including New York, Newark, Miami, wiretapping ls no shortcut. (Nor is it legal, special emphasis on crime reduction in Detroit, Omaha and Los Angeles. Among contend many civil libertarians.) Before they Washington, D.C., because it is the Fed­ those apprehended are some alleged Mafia can obtain court permission to wiretap, the eral City and because it should be a chieftains, including Sam "The Plwnber" FBI and Justice Department men often must model for the Nation on how crime can Cavalcante (convicted and imprisoned in spend months of old-fashioned police work be reduced. New Jersey) and "Fat Louis" Ruggirello (in­ digging up the evidence to justify the wire­ The crime problem in the United dicted in Michigan). tap application. And if the suspects don't Breaking up illegal gambling rings 1s a cor­ use a telephone, there's not much point to States is decades old. It is a tough prob­ nerstone of the Nixon ad.ministr81tion's an­ lem. Any tough problem calls for tough­ wiretapping anyway. nounced war on organized crime. Law-en­ That was the case at Detroit's Anchor bar. minded approaches. But the Govern­ forcement officials say gambling 1s the under­ The FBI had been tipped off that a major ment's approach to :fighting crime is not world's largest revenue producer, grossing Michigan gambling ring was headquartered only tough but is realistic and enlight­ over $20 billion annually. Attorney General there, and early this year several a.gents ened. It is designed to protect people and John Mitchell says reducing this flow ls espe­ moved into the basement next door. Accord­ prevent crime. It is designed to promptly cially important because the funds are used ing to the Detroit News, which owns the to bankroll such a.ctivitites as narcotics ped­ building next to the bar, the wall between apprehend off enders. It is designed to dling, loan sharking and prostltuitlon. In ad­ provide fair, speedy trials. It is designed basement and bar contains an air vent, dition, gambling seems to flourish in exactly through which the FBI focused a camera, to rehabilitate offenders who otherwise those areas that can least afford it--urban designed to pick up images in the dimly lit might claim uncounted victims. ghettoes. bar. For three months, the unblinking Reducing crime nationally is not an TWO NEW LAWS camera stared at everyone who wandered int.o easy job, and it is not inexpensive. It To make a federal crackdown possible, Con­ its view while the agents listened to will require large-scale expenditures of gress in 1968 passed a law permitting courts snatches of conversation. funds by the Federal, State, and local to authorize wiretapping when other evi­ One conversation they reported in pretrial governments. It will require an un­ dence indicates certain crimes, including proceedings in federal district court in De· matched dedication by public officials at gambling, are being committed. The law also troit occurred Jan. 18, the day after the every levei. And it will require the sup­ makes wiretap recordings admissible evidence favored Baltimore Colts defeated the Dallas in certain trials. Then, in 1970, the Organized Cowboys in football's Super Bowl. The speak­ port and cooperation of the general Orime Control Act gave federal agencies ju­ ers were concerned about having taken too public. risdiction over any gambling operation em­ many bets on Baltimore: Crime may not begin to decline na­ ploying five or more men and in operation "Heavy on Baltimore for days-they gotta tionally tomorrow. But the rates will for 80 days or grossing at least $2,000 on a bet a favorite." begin to decline-and perhaps much single day. "I talked to Dixon yesterday. He's got both sooner than most would suspect. Crime Previously, the Federal Bureau of Investi­ sides (bets on both tea.ms). I'm asking him gation and Justice Department could step in for Dallas money. You think I didn't go to already has dropped in 60 major cities. on1y if a gambling ring operated across state Others will follow. four different spots looking for Dallas lines, so gamblers often concentrated their money?" A substantial begining has been made efforts in a single state. "We had to knock out on an enormous problem. President a lot of gambling cases because they involved Then, a few days later, the FBI sa.ld it spot­ Nixon and the Republican Party have only operations wi,thin one state," says Rob­ ted Charles "Chickie" Sherman, an alleged ert Morgenthau, U.S. Attorney in New York leader of the gambling ring, and Detroit po­ done much to redeem their pledges on lice lieutenant Gerald Willow in the Anchor. this issue during the 1968 campaign. from 1961 to 1970. Also, local enforcement of gambling laws Sherman and Lt. Willow walked into a back Effective law enforcement is a fact in has sometimes been spotty, in part, because room, allegedly so the policeman could be 1971 while it was just a dream 3 years shrinking city budgets and rising crime rates paid off, "While out of sight in the ba.ck ago. More must be and will be done but have spread police resources very thin and room," the affidavit says, "Sherman was hea.rd the first important steps have been taken in part because of police corruption. In New to count 'five, six, seven, eight .. .'" Then and their effect is already being felt. York City a commission investigating such Sherman was reported to have told Lt. Willow corruption has recently heard testimony that about payoffs to another policeman who was Mr. President, I ask unanimous con­ supposed to distribute the money among his sent that an October 29, 1971, Wall Street vast numbers of policemen received payoffs of up to $1,600 a month from gamblers. men. "Years a.go, (he) used to pick up !or Journal account entitled "The Federal Law enforcement officials say the need for four guys-then the (blank) didn't pay Crackdown on Organized Gambling Pro­ wiretapping was great. One reason: Their them for a year," Sherman allegedly said. duces Some Results" be printed at the other major source of informa..tlon is inform­ Sherman and Lt. Willow were among the conclusion of my remarks. In it, Liz Ro- ants, who are o!ten wllllng to talk privately 151 persons indicted in Detroit as a result of but unwilling to risk retribution by publicly the May raids. The first of the indictmeruts man Gallese describes a comprehensive may come to trial later this year. Federal activity, and ways used to defeat it. testifying in court. Danel P. Holman, chief of the New York strike force, says "95% of officials say the Michigan gambling ring had Especial note should be taken of the the (gambling) cases (now being) prosecuted been taking in revenues of $40,000 a day. important, vital role of wiretapping au­ throughout the country couldn't have been Sherman and Lt. Willow have pleaded not thorized by court order as a law enforce­ prosecwted without court-authorized wire­ guilty. ment.tool. taps." A NEW ORLEANS CASE There being no objection, the article A TAP IN MIAMI Corruption sometimes extends beyond was ordered to be printed in the RECORD, The effectiveness of wiretap evidence 1s il­ bribery of policy, authorities charge. In New as follows: lustrated in the case of Martin Sklaroff, 89, Orleans, sta.te district attorney Jim Garri- November 4, 1971 CONGRESSIONAL RECORD - SENATE 39217 son (the man who unsuccessfully prosecuted where the bank is located. There have been cannot resist an attempt to capture here businessman Clay Shaw a few yea.rs ago for no indictments so far. some of the essence of his spirit that alleged involvement in President Kennedy's Since runners can be followed and phor_..:s assassination) was charged by federal om.~ can be tapped, an Omaha gambling ring made him the unusual person that he cials this summer with taking bribes from found an almost foolproof alternative for was. operators of pinball gambling ma.chines. He transmitting needed information-a leased The sunny outlook, the quick smile, has denied the charges. Westel'n Uni-on teletype. Unfortunately for and the ardent advocacy brought and According to a federal affidavit in U.S. them, the teletype wa.s discovered when fed­ kept people together as associates in an district court in New Orleans, Pershing Ger­ eral agents came across the machine while infinite variety of common causes. The vails, once Mr. Garrison's chief investigator, investigating a different case. love of people, paralleled by the love of admitted he had onoe been a conduit for nature, breathed humanity into the bribes, from the pinball operators to Mr. harsh world of finance and engineering Garrison. Federal officials then had a micro­ POP WARNER FOOTBALL FEDERAL phone on Mr. Gervails, and they said the where he was a master. His sense of hu­ following conversation ensued: CHARTER mor and his rare enjoyment of fun made Mr. Garrison: "Well, then wha.t, what, how Mr. GAMBRELL. Mr. President, it has everyone work better for him and with much is in there (an envelope Gervails pre­ recently been said that football has re­ him. sented)?" placed baseball as America's favorite Deep beneath it all was a sense, prob­ Mr. Gervails: "A thousand dollars." ably the legacy of an Eastern Shore boy­ Mr. Garrison: "Gee, that's great." pastime. I, for one, cannot argue with Another recording alleges that Mr. Garri­ that. hood, of the basic things that made life son instructed Mr. Gervails how to treat I have taken part in this game in all good. To that was added a sense of de­ those paying the money: "Treat these guys of its facets from the sandlot variety cency which recognized that the good as friends, as business friends . . . And, uh, of the thirties to the Sunday TV quarter­ things of life could and should be shared have them respect our world like we respect back style of the seventies. One of the fairly by all. Not the least of these things theirs ... And it goes on forever like to you was the interest, warmth, enthusiasm, and me . . . And always face to face, never football programs which has added a lot any other way." of new interest to the game is the Satur­ and love that he shared so freely with his Ralph Salerno, a former New York police day morning variety provided for boys family and his friends for whom he suc­ officer who has studied organized crime, is not old enough to participate in orga­ ceeded in making life better than it would one man who thinks the federal crackdown, nized scholastic athletics. My son, Henry, ever have been without him. for all its arrests and indictments, can't make started with the "Gray-Y" when he was Of only a few Americans can it be said much of a den:t in illegal gambling. "What's in the fourth grade. Today, although that they changed the face of the Nation being done," he says, "is a hard punch at a only a freshman, he is playing with the and made it better. Of perhaps even few­ big canvas bag half full of water. The laws er can it be said that they had the ability ca.use it to squish to the other side of the varsity team at his high school. He loves bag. You can't correct a social problem by the game and it has meant a great deal to ch:mge the faces of their friends and prosecution." Mr. Salerno sees legalized gam­ to him in fellowship, sportsmanship, made them smile. Few indeed can do bling as "probably the only solution." self-confidence, and leadership. both, but such a man was Willard G. Mr. Salerno feels the federal drive's main Henry got his serious introduction to Rouse. result has been to increase the gamblers' football in the Pop Warner League, spon­ I ask unanimous consent that an arti­ operating costs. Strike-force officials say sored by the Northside Youth Organiza­ cle published in the Baltimore Sun of there's some indication that's true. Whether October 2, 1971, be printed in the RECORD. it's running a numbers game ( a form of lot­ tion in Atlanta. He continues his respect tery popular in poorer neighborhoods) or and admiration for his coach, Dr. Earl There being no objection, the article sports gambling (prevalent in more well-to­ Gunn, who taught him that success in was ordered to be printed in the RECORD, do areas), gambling operations have several football, and in other activities of life as follows: common attributes, including a "bank" and is dependent upon an individual's will­ RoUSE FIRM ExECUTIVE DIES ON BUSINESS TRIP a system of "runners" and "drops." Runners ingness "to pay the price." Our whole Willard G. Rouse, vice chairman of the carry betting record slips and payments; family benefited from his experience. board of directors of the Rouse Oompruny and drops are the locations where runners leave All of our States are not so fortunate a leader in Baltimore civic affairs, died unex­ their slips, to be picked up by another mes­ pectedly yesterday after a heart attack while senger for transportation to the bank, a cen­ as Georgia in having a Pop Warner football program. Even within those on a business trip to Toledo, Ohio. tral collection and payment point. Mr. Rouse, who was 61, retired as executive To foil federal investigators, gambling-rir..g States which have Pop Warner teams, vice president or the Rouse Company in Sep­ leaders are relocating their drops far more not every major city has the facilities, tember, 1970, and then was elected vice often than they once did. In New York, FBI primarily financial, to promote a Pop ob.airman of the board. The company is a real agents spent months watching a drop, which Warner program. estate development and mortgage banking moved from an abandoned auto in a Brook­ Today, I am requesting permission to firm. lyn boatyard to a leather goods store to a join with ti1e distinguished senior Sena­ He had continued to be active in the com­ car parked outside a Brooklyn gas station, pany, working on special projects and repre­ before they could trace a runner to a gam­ tor from Pennsylvania (Mr. SCOTT) in cosponsoring legislation which would senting the firm at numerous meetings and bling ring's suspected headquarters. semlna.rs around the nation and in Europe. Once they located the suspected headquar­ grant a Federal charter to incorporate ters in a Brooklyn apartment, FBI men were the nationwide Pop Warner Junior Foot­ FUNERAL TOMORROW aible to tap a phone. Evidence from the tap ball League under the title, "Pop Warner Funeral services will be held at 11 a.m. led to the indiotment of 31 men earlier this Little Scholars, Inc." The granting of tomorrow at the Brown Memorial Presby­ year, including Joseph Colombo, the alleged such a charter by Congress would provide terian Church, 1316 Park avenue, followed. Mafia chieftain who was shot and wounded by interment a.t a prtvate ceremony a.t while leading an Italian-American rally in some of the financial assistance needed Easton, his home town. New York this summer. to expand and improve existing Pop Mr. Rouse joined the Rouse Company in A SCHEME THAT ALMOST WORKED Warner programs and to help create new 1964, leaving the Olin Mathieson Chemical Another typical defense system existed in ones. Oorporation, where he had been treasurer Boston, where, according to a.n FBI affidavit, Saturday morning football for pre­ for three years. Prior to that he worked for scholastic boys is a signlflcant oppor­ the Equitable Life Assurance Society for 20 a runner each afternoon picked up betting yea.rs. slips at the rear of an apartment building tunity for the development of citizenship. and drove into Boston's North End, a tightly As one who has gained from the experi­ He was elected executive vice president of knit Italian community where outsiders the Rouse Oompany in 1962. Earlier this year, ence, along with my own son, I am happy Mr. Rouse was appointed to the Urban Trans­ rarely pass unnoticed. "Even our Italian FBI to support the proposed legislation. men a.re almost immediately picked out in portation Advisory Counoll by John A. Volpe, that neighborhood," says a federal crime­ United states Secretary of TralOsportation. fighter in Boston. John B. Oonna.lly, Secretary of the Treas­ Furthermore, the runner never went to DEATH OF WILLARD G. ROUSE ury, also appointed Mr. Rouse to a three-year his bank. He never even left his car. Instead, term as Maryland chairman of the U.S. Sav­ Mr. MATHIAS. Mr. President, the ings Bond Oommittee. he passed a brown paper sack containing quality of a man must be primarily re­ betting slips to a pedestrian waiting on a sponsible for the mark he leaves on life. ON BOARD 01' DIRECTORS corner; other gambling-ring members acted Mr. Rouse was a member of the boa.rd of as lookouts on streets in the area. The FBI At the same time, human quality is more dlreetors ot Handy and Harman Speciality recently staged a Mid Just as the brown bag ephemeral than the mundane and mate­ Metals Group, Arlington Federal Savings & was being passed from car to pedestrian, but rial evidence of his work. Willard G. Loan Aa9oclation. ln Ba.ltimore, the Oolumbia federal officials say they still aren't sure Rouse was a man of rare quality, and I Bank and Trust Company, ot Columbia, Md., 39218 CONGRESSIONAL RECORD - SENATE November 4, 1971 Howard Research & Development Corpora­ · future years, launch a devastating first­ "Unless the American people wish to ac­ tion, and Rouse-Waters, Inc. strike nuclear attack on the United States cept irrevocably the status of a second-rate He was a trustee of Middlebury College of from which we could not recover. power-with all of the probable conse­ Middlebury, Vt., as well as a trustee of the quences-the only viable national strategy is Urban Land Institute, of Washington. These assertions are another manifes­ to regain and retain a clearly superior strate­ He was also serving as chairman of the tation of the invocation of the "greater gic capability." Community Builders' Council at the time of than expected threat" that has served the Unfortunately, experienced observers of his death. arms superiority enthusiasts so well when this matter-both civilian and military­ Throughout his career Mr. Rouse was they have pressed the Congress for funds have concluded that there is no meaningful active in civic affairs. He was named "Man for costly and questionable new weapons way to "retain a clearly superior strategic of the Year" in 1955 by the Advertising Club programs like the ABM. Warnings of dire capability" in an age of mutual deterrence. of Baltimore. He had headed the Red Cross­ consequences if the United States allows These persons in::lude the President and the Community Chest joint fund drive. At the Chairman of the Joint Chiefs of Staff. time of his death he was serving as president its guard to fall are old stuff; but the po­ Admiral Moorer, Chairman of the Joint and chairman of a. 39-member board of gov­ tential damage these efforts may do to Chiefs of Staff, asserted on June 16, 1971: ernors of the Chesapeake Bay Maritime the prospects for meaningful results from "When you look at the realities of today, it Museum in St. Micha.els, Md. the current round of SALT negotiations is not practical to set a goal to achieve su­ HELD BOY SCOUT POSTS is great. periority of the type that we depicted in the He had devoted long hours to the Boy One of the basic documents used in the many years gone by. So, what we are trying Scouts, and was a member of the executive campaign of exaggeration and scare is to do is to look at these realities and main­ committee and one-time president of the tain a goal of sufficiency so that we have a the so-called supplemental statement of viable deterrent." Baltimore area Boy Scout Council. In addi­ the Blue Ribbon Defense Panel. The par­ tion he was a. member of the board of direc­ Indeed, the Joint Chiefs as a. whole Me sup­ tors of Sinai Hospital. He was also a. former ent panel, appointed by President Nixon porting the President's policy of strategic trustee of Brown Memorial Presbyterian to reevaluate U.S. defense programs and sufficiency rather than superiority. And they Church. policies, produced a commendable study are arguing, as he had, that an effort to ob­ At various other times he had been chair­ that was, in the main, innovative, and tain "large advantage" would simply spark man of the Baltimore Eastern area. of the constructive. an arms race. A recent statement from the American Red Cross, chairman of the Balti­ A supplementary and unofficial study Joint Chiefs said: more Youth Commission, and chairman of "The distinction between strategic suffi­ Governor Mandel's Job Corps Task Force. was also produced, however, and it is this ciency and strategic superiority lies in the· In 1968 he was treasurer for the election supplementary study which the prophets explicit recognition of the changed circum­ campaign of Senator Charles McC. Mathias. of gloom and doom are now circulating stances the U.S. faces with rega..rd to strategic At one point in 1970 he was mentioned as a. and quoting widely. Because that supple­ forces. The President made this point in his possible Republican candidate for the Mary­ mentary panel report presents a numbe! Report to the Congress, Februa.ry 5, 1971. land gubernatorial nomination, but he de­ of conclusions which I find questionable 'United States Foreign Policy For the 1970's. • nied having any intention of running. ;He pointed out that the United States and or at least poorly supported, I was pleased the Soviet Union have now reached a point Other former activities included the presi­ to receive today some comments on the dency of the Maryland chapter of the Arth­ where small numerical advantages in stra­ ritis and Rheumatism Foundation, and work study submitted to me by the chairman tegic forces have little military relevance. as a. trustee of the Baltimore Chamber of of the Federation of American Scientists, Further, the attempt to obtain large advan­ Commerce. Dr. Marvin L. Goldberger, himself an tages would spa.rk an arms race which would. Mr. Rouse started working at the age of original member of the Blue Ribbon De­ in the end, prove pointless. 18 as manager of a Baltimore investment fense Panel. I believe Senators will find "The term strategic superiority, in effect. banking firm's office in Easton. The firm was the FAS comments most helpful in evalu­ was a reflection of the reality that, until the a casualty of the 1931 stock market crash, ating the supplemental statement of the late 1960's, the U.S. possessed strategic forces and in the same year he entered the insur­ that provided a clear margin of superiority. ance business, forming his own company. Blue Ribbon Defense Panel. But, as the Soviet Union developed and de­ On his retirement he recalled: "I am one I ask unanimous consent that the FAS ployed powerful strategic forces of its own. of the few men still in business who have a comments and a letter to the federation the bale.nee changed. The reality of this history of working through the Depression. from John M. Fisher, president of the changing ha.lance led to the policy of stra­ Most men my age got jobs after the crash." American Security Council, be printed tegic sufficiency." The Supplemental Panel also was in error SURVIVORS LISTED in the RECORD. in judging it "reasona1bly conclusive" that Because of the times and pressure of work, There being no objection, the com­ the Soviets were seeking a first-strike ca.pa.­ Mr. Rouse, who was a. graduate of Easton ments and letter were ordered to be bility. High School, was unable to complete college printed in the RECORD, as follows: "Our planners in the '60's assumed tha.t if studies. But he was proud to earn his bache­ COMMENTS OF THE FEDERATION OF AMERICAN bath superpowers had an adequate retaliatory lor's degree from the Johns Hopkins Univer­ capa.bll1ty neither would preps.re for or risk sity in 1965. SCIENTISTS ON SUPPLEMENTAL STATEMENT TO REPORT OF BLUE RIBBON DEFENSE PANEL a first strike. The evidence is now reasone.bly He is survived by his wife, the former conclusive that the Soviet Union, rejecting Katherine Parker, of Baltimore; five chldren, In July 1969, the President appointed a this assumption, is deploying strategic weap­ Mrs. William Bone, of Columbia., Willard G. "Blue Ribbon Defense Panel" which submit­ ons systems designed for a. first-strike ca.pa.­ Rouse Sd, of Philadelphia, a stepson, Roth W. ted a. report on Defense Department reorga­ b111ty." Tall, of Middlebury, Vt., Mrs. Claiborn Carr, nization a year later on July 1, 1970. The This error arises in pa.rt from the earlier of Seattle, and Ellen B. Rouse, of Balitimore; present Chairman of the Federation of Amer­ misjudgment that clear -superiority is feasi­ two brothers, John G. Rouse and James W. ican Scientists was a member of this Panel ble a.nd meaningful, but also from a failure Rouse, president of the Rouse company, both at the outset. During its deliberations, 7 to appreciate the difficulties facing any sur­ of Ba.ltimore; two sisters, Mrs. Herbert Balch, of the 16 members of the Panel reserved the prise attack and from a double standard that and Mrs. C. O'Donnell Pa.sea.ult, both of Eas­ right to file a supplemental statement on more experienced observers have come to ton. areas not addressed by the full Committee. appreciate. Their report on the "Shifting Balance of Given serious efforts to maintain the credi­ Strategic Power" has been Nidely circulated. bility of its deterrent, there is no problem STRATEGIC ARMS RACE Basically, it represents the view of those in our maintaining the ab111ty to destroy Mr. CRANSTON. Mr. President, many members of the Blue Ribbon Panel who be­ the Soviet Union-and even less problem in came most concerned about the strategic denying the Soviet leaders any confidence of us have been concerned by the steady balance during their survey of other matters. flow of articles, editorials, and commen­ that the Soviet Union could survive a. pre­ Consistent with this measure of self-selec­ emptive attack. Today, each Polaris sub­ tary over the past few months which pur­ tion, the report admittedly accepts conserva­ marine is being fitted with the abillty to. port to show that the strategic arms bal­ tive assessments of the trends it discusses; destroy 160 targets each with a. bomb larger: ance between the United States and the indeed, it considers it "imprudent" if not than that used in Hiroshima. A Soviet attack Soviet Union is rapidly shifting to the "reckless" to do otherwise in a. matter of such would have to destroy virtually every Po­ detriment of U.S. security; that strategic moment. laris submarine on station (perhaps 30) deterrence is a dangerous and unreliable But at the heart of any discussion of the highly simultaneously; upward of 95 % ot· doctrine, that "sufficiency" in nuclear strategic balance is an assessment of the our 1,000 Minuteman missiles and the vast·. credib111ty of the U.S. deterrent and the fea­ majority of several hundred bombers; and· weapons may not be sufficient for na­ s'ibllity of maintaining U.S. strategic supe­ deal with the nuclear weapons based in. tional safety after all; that the Soviet riority. The inexperienced appraisal of this Europe and those on nuclear carriers. And Union, far from seeing safety in near matter by the concerned Panel members even this would ~eave scores of Soviet cities. equality in strategic weapons, may be biases and overshadows a.II of its conclusions. destroyed. moving instead for superiority, and seek­ For example, concerning strategic superior­ We know of no way in which the Polaris. ing a position from which it could, in ity, the Panel summary asserts: submarines could be destroyed in significant. November 4, 1971 CONGRESSIONAL RECORD-SENATE 39219 numbers, much less all at once. And the civilian Blue Ribbon Defense Panel appointed that the U.S. has fallen behind the U.S.S.R. problems of simultaneous attack on bomb­ by President Nixon. in military strength. ers and land-based missiles are extraordi­ In this report, released on March 12, 1971, Unless the facts in the Blue Ribbon report narily difficult, if not--as many strategists the official Blue Ribbon Defense Panel are widely known, the Anti-Defense Lobby, believe-quite impossible on any basis which pointed out that we face an "unprecedented unrepresentative as it is, will continue to any enemy military or civilian leader would national peril" because: win the disarmament fight. try. "The Soviet Union has been making a Thus, it is vital to our survival that every The confidence that these forces could be massive effort, out of all proportion to its American learn about the facts in the Blue destroyed to high percentages is another own resources or any external threat, to Ribbon Defense Panel Supplemental State­ critical hurdle. acquire and extend strategic nuclear su­ ment. Finally, the Soviets do not now have an periority over the U.S. Its record of feverish The American Security Council does not ABM system to destroy the missiles that military prepara_tion is unequaled since Hit­ have sufficient funds for this major public are missed. And they are now negotiating ler--determined upon conquest--structured education program. We, therefore, ask your with us to preclude such ABM's. More gen­ his Wehrmacht for World War II." help to pay for a crash "Operation Alert" era.Uy, it is not believed that such a high With full access to the Pentagon's secrets, education campaign to make the informa­ confidence system could be built by them the Blue Ribbon Defense Panel found that tion in the Blue Ribbon report available or-as indicated on March 14, 1969 by Presi­ the Soviet effort--together with U.S. cut­ to the American people. dent Nixon-by us. backs-had resulted in "a significant shift­ The Co-chairmen for Operation Alert are It is 1mplausabile to assume that the ing of the strategic military balance against General Earle G. Wheeler, General Lyman Soviets are seeking a first-strike capab111ty the United States in favor of the Soviet C. Lemnitzer. Ambassador Durbrow and Am­ simply because such a capab111ty is so hard Union." bassador Loy W. Henderson-two former to achieve. But, in addition, there is another For example, the Panel pointed out that: Chairman of our Joint Chiefs of staff and explanation for their actions. This explana­ 1. "The Soviet SS-9 ICBM force alone is two of our former top ambassadors. tion is simply that they are doing what many capable of delivering a mega.tonnage of nu­ We ask only three things: of our strategists want to do and what they clear warheads greater than that of the 1. That you immediately write to Presi­ call "damage limi,ting". entire U. S. force of ICBM's and SLBM's dent Nixon urging that he adopt the rec­ Our ABM program has gotten much stimu­ (7500 megatons in the SS-9's alone against ommendations of his own Blue Ribbon De­ lus from the support of those who wanted only 1730 megatons in all C'.S. ICBM's and fense Panel. ( See the enclosed official sum­ an anti-Soviet ABM of massive dimensions. submarine-launched ballistic missiles). mary.) Our MffiV program has similarly been stimu­ 2. There is "convincing evidence that the 2. That you signify your support of the lated by interest in attacking Soviet military Soviet Union seeks a pre-emptive first-strike Blue Ribbon Panel report today by signing targets to limit damage-if possible-after capability." the enclosed "Declaration for Peace through war has begun. We oppose these tendencies. The Blue Ribbon Defense Panel concluded Strength." But even President Nixon expressed an in­ that "it is not too much to say that for the 3. That you send as much as you can af­ terest in having the option of attacking 70's neither the vit& interests of the U.S. ford to help "Operation Alert" mount a full Soviet military targets rather than only the nor the lives and freedom of its citizens will scale educational campaign including {a) option of attacking cities in both of his State be secure." hundreds of full page newspaper advertise­ of the World messages. The Blue Ribbon report is the strongest men~s. {b) _radio and TV programs, (c) a The possible Soviet interest in putting our warning which has been published in a publlc opiruon poll, (d) millions of letters land-based missiles out of action if war public document of the Executive Branch like this to alert other Americans, ( e) in­ begins would not necessarily be different since warnings about Hitler's Wehrmacht! viting hundreds of organizations to alert from ours. They may want to strike what "Yet," the Panel warned, "many of our their own members, (f) distribution of the they can if war occurs. But neither side is most influential citizens respond to this un­ statement to opinion leaders across the likely to have high hopes. And the efforts to precented national peril, not by a renewed country, and (g) briefings for press and improve the land-based forces on each side determination to assure an adequate na­ other opinion leaders. so that each can attack the other are going Here are some sample costs and target forward comparably fast. The Soviet buildup tional defense, but rather by demands for further curtailment of defense measures media: in land-based missiles is being matched by A full page ad in the New York Times­ U.S. advances in MIRV. which can only increase the peril." Two of these high powered forces organized $9,240. On each side there have been efforts to A full page ad in the Washington Evening try to limit damage if war occurs. But on to further reduce our defenses in this time of crisis are : Star--$3 ,070. each side there is recognition that such A full page ad in the Chicago Tribune­ efforts can spur the arms race. This is the 1. Members of Congress for Peace through $6,324. Law meaning of the ABM discussions at the SALT A full page ad in the Los Angeles Herald­ talks. How much each side will try to get in A group supported by 28 Senators and 70 Examiner--$4,010. Congressmen who have organized to lobby terms of dam.age limiting and how much A full page ad in the National Observer­ each wm try to avoid stimulating the arms for "reordering our priorities" and "general $6,873. and complete disarmament" by taking funds responses of the other is an open question. A half hour over a Washington TV sta­ But it is far more plausible to consider Soviet from our defense budget for domestic pro­ tion--$1,250. grams. Its supporters include Senators activities in this context than in the context The full campaign to reaoh most Americans of a first-strike capab111ty. Cranston, Hartke, Muskie, Hart, Javits, Mc­ will cost a minimum of $450,000. Govern, and Proxmire. In short, it is not "reasonably conclusive" The first campaign target is to get over that the Soviets are trying to achieve a "first­ 2. Coalition on National Priorities and Mil­ 1,000,000 signers of the enclosed "Declara­ strike" capabil1ty; instead, it is implausible. itary Policy tion for Peace through Strength". The United States ought not to make its A combination of 36 organizations working The complete list of over one million sign­ strategy depend upon the judgment of Soviet together on a "Campaign to Cut Military ers and the 1971 poll results will be presented intentions; it ought to have a secure deter­ Spending". The Coalition includes Americans to President Nixon. We believe that he will rent in any case. But it is simply amateurish for Democratic Action, National Council of act to carry out the recommendations of his to conclude, as the Panel did, that the un­ Churches, New Democratic Coalition, SANE, own Blue Ribbon Defense Panel when he likely is likely. Prudence does not require and Women Strike for Peace. misstatements. and the Congress are shown that most Amer­ Many groups such as these are spending icans are for Peace through Strength millions of dollars to flood the country with Military superiority is the best ins~ce AMERICAN SECURITY COUNCIL, the largest anti-defense propaganda cam­ against war and for peace. It is worth what­ Washington, D.C., July 29, 1971. paign ever seen in the history of our country. ever it costs to remain both alive and free. FEDERATION OF AMERICAN SCIENTISTS, This unopposed anti-defense campaign has We must work together to win this one Washington, D.C. been so intense that the disarmers appear to or nothing else will count for much. so, DEAR FELLOW AMERICAN: As you know, an represent the majority. Thus, many respon­ please sign and return to me the "Declara­ intensive campaign is being waged to "re­ sible leaders, according to the Panel, be­ tion for Peace through Strength" with your order priorities" by reducing the national lieve that it "is futile to seek adequate maximum contribution today. defense budget. defense funding." Sincerely, A formidable "Anti-Defense Disarmament So, the Nixon Administration has felt it JOHN M. FlsHER, Lobby" has been formed-led by Senators necessary to sharply cut back on defense and President. like Proxmire, McGovern, Fulbright, and even to abandon the pollcy of military Kennedy who are supported by a host of superiority followed (or at least claimed) by well-organized and well-financed advocates previous administrations. NEED FOR PERMANENT TRANS­ of unilateral disarmament. Yet, a poll conducted by 207 newspapers PORTATION LABOR DISPUTE LEG­ Their one-sided anti-defense campaign last year showed that 85 percent of the par­ ISLATION has been remarkably effective. ticipating readers were for military superi­ The seriousness of this threat to our sur­ ority! The Administration and the Congress Mr. PACKWOOD. Mr. President, after vl val was made clear by the frank and have not heard :!rom this majority because 3 long months of paralysis along west startling report prepared by the distinguished most Americans simply do not yet realize coast docks, President Nixon agreed to 39220 CONGRESSIONAL RECORD - SENATE November 4, 1971 invoke the Taft-Hartley 80-day cooling­ whether longshoremen or teamsters are to testimony. As the report discusses the off period to bring the striking longshore­ stuff and unstuff containers at certain loca­ highlights of the farmworkers' meet­ tions. The employers cannot give in to long­ men back to their jobs. As a firm believer shore demands without facing a certain ings, I ask unanimous consent that the in the free collective bargaining process, teamster strike. report be printed in the RECORD. I hesitated to urge this intervention, but This ls clearly an issue that ought to be There being no objection, the report the disastrous impact of this prolonged settled by outside arbitration. The price we was ordered to be printed in the RECORD, strike on Oregon's economy precluded all pay for not having the means to settle mat­ as follows: other alternatives. ters of this kind fairly and intelligently ls INTERIM REPORT we are now a third into the 80 days, criminally high. The two days of oral testimony presented a period which was designed to encour­ to a panel composed of Texas State Senator age employer and employees to intensify WHY NOT? Joe Bernal of San Antonio, Father Roberto To THE EDITOR: We have had threatened Pena of the Catholic Diocese of Brownsville, their negotiations and, it was hoped, railroad strikes that were stopped by con­ Mercedes Mayor Adan Cantu, Damaclo Cano reach an agreement satisfactory to both gressional laws to prevent national disaster. of Mercedes, a member of President Nixon's parties. If serious bargaining does not Why can't Congress pass laws to protect the National Advisory Council on O.E.O., Boren resume during the cooling-off period, the nation from longshoremen•s strikes to pre­ Chertkov, Counsel of the U.S. Senate Sub­ injunction will not have served its pur­ vent our river and sea lanes from being tied committee on Migratory Labor and Joe pose, and will merely have postponed the up by an argument between two powerful la­ Alaniz of Salt Lake City, Utah, confirmed the effective period of the strike. bor unions that has nothing to do with the Panel's worst fears. general public's right to have its labor serv­ Witnesses from Inigrant and seasonal farm­ Regrettably, there are indications that ices performed by man and machines appli­ worker communities across the Nation dis­ this is exactly what is happening on the cable to the docks? cussed in vivid detail the extent to which west coast, much to the disappointment There is a need for labor laws that can be the economic and political systems of our and dismay of everyone concerned, not applied in a few days instead of a mere cool­ country have frustrated their aims and to mention the mounting damage which ing-off period that was applied too late. The aspirations and have denied them justice is being and will be inflicted on our econ­ workmen are now dragging their feet. and dignity. omy by this blatant irresponsibility. An FREDE. BURGESS. So significant, immediate, and vital were the concerns of the workers, that although editorial published October 26 of Oregon Mr. PACKWOOD. Mr. President, it is the Panel has not had an opportunity to Journal carries this message well. I ask today appropriate not only to publicize carefully study all the position papers and unanimous consent that it and a pointed this irresponsibility, but also to point written statements prepared by the witnesses, letter be printed at this point in the once more to the vital importance of it is imperative that certain conclusions re­ RECORD, to the editor on the same subject. enacting legislation to provide perma­ garding priorities of the witnesses be im­ There being no objection, the items nent procedures for the settlement of mediately discussed and explored. Upon com­ were ordered to be printed in the RECORD, pletion of a more careful study of all docu­ labor disputes in the transportation in­ ments, a more complete Report will be filed. as follows: dustry. This is a problem which is un­ Four major areas of concern surfaced as START THE DOCK NEGOTIATIONS realistically relegated to the "back having a most high priority for action at the The 80-day cooling off period in a labor burner" until another transportation adininistrative, legislative, and judicial levels dispute which ls provided for in the Taft­ labor stoppage is threatened. A crisis of local, State, and Federal government and Hartley Act serves its purpose only if the upon us, we then surge into action, im­ in the private sector. Specifically: contending parties use the time to settle their pose a settlement, and quickly put per­ I. Liberation through self-determination: differences. All through the hearings a persistent de­ The fact that this ls not being done in the manent legislation away again on the mand that farmworkers should have the West Coast dock strike raises the nagging "back burner." The proverbial "Out of power of self-determination was stated and worry that the waterfront may be shut down sight, out of mind," seems to hold re­ restated. This self-determination should be­ again when the present 80 days of renewed markably true here. gin immediately by having Inigrants ad­ activity are up. We all know this is an unpopular sub­ Ininlstering and staffing, and developing and The docks had been shut tight for more ject, and that whatever our decision, implementing, the programs that affect them. than three months before President Nixon many will be unhappy. But that is not, Federal monies for programs such as the decided to use the T-H injunction in this dis­ War on Poverty, housing, etc., are not reach­ pute. and never will be, an excuse for inac­ ing farmworkers; the program benefits are He had delayed acting for several days on tion, for burying our heads in the sand. apparently going to other than those it is the basis of information that the Pacific I have been pleased that the Subcom­ intended to most benefit. Maritime Association (PMA) and Interna­ mittee on Labor has begun hearings on II. Almost every witness emphasized the tional Longshoremen and Warehousemen's this urgent legislation, but I fear that we overwhelining impact of unemployment Union (ILWU) were fairly close to agreement. have still not brought it to the front ca.used by mechanization in the fresh fruit When he did act, work started but the talk­ burner, where it should stay until we and vegetable industry. From every pa.rt of ing in San Francisco, seat of negotiations for face the issues, make some hard deci­ the country came confirmations that farm­ the coast-wide contract, stopped. workers in large numbers are being dis­ The PMA holds out an open invitation for sions, and provide the permanent pro­ placed. Yet, except in the broadest of terms, bargaining to resume. Harry Bridges, ILWU cedures which are so desperately needed concrete suggestions for overcoining the president, has refused to meet with the em­ in this industry. crisis were not forthcoining. The problems ployers. He talks of a renewed shutdown af­ of great importance to farmworkers today ter the Christmas and New Year holidays. He (food, shelter, education, day care, wages, hints of an alliance with the International NATIONAL MIGRANT AND SEA­ etc.), were matched by the possibility, in­ Longshoremen's Association (ILA), which ls SONAL FARMWORKER HEARINGS creasingly real, that soon there will be no now on strike on the East and Gulf coasts. He CONDUCTED IN RIO GRANDE need for the migrant, and absolutely no sig­ speaks of possible unlon action to defy some VALLEY OF TEXAS nificant effort ls being made to meet this of the provisions of the Nixon administra­ reality of people without jobs and liveli­ tion wage-price control program. Mr. STEVENSON. Mr. President, hood. Evidence continues to mount that the migrant and seasonal farmworkers Short term solutions to everyday problems damage inflicted by labor disputes of this gathered in South Texas last week to of farmworkers seemed to be overshadowed kind is not merely the immediate cost, which discuss their problems and present be­ by the reality that the desperate search for is brutally high to both sides and to inno­ fore a panel the details of their plight work conducted yearly by the farmworkers cent bystanders, but includes the loss of con­ and theb· recommendations to alleviate will become increasingly desperate and frus­ fidence over the future reliab1llty of ocean trating, and that fewer, rather than more, shipping from these ports. the conditions they face. opportunities for jobs, Justice and dignity Japanese officials have recently confirmed The hearings were significant not only exist for the farmworker. the fears earlier expressed by spokesmen for because it was the first attempt that I III. Legislative proposals were made by the Pacific Northwest wheat industry that know of to call farmworkers from dif­ most witnesses that varied from removing the market for wheat from this region in Ja­ ferent areas of the Nation together, but existing barriers to full coverage under va.ri­ pan so carefully and painstakingly built up also because it was the first time that an ou.s social and worker benefit legisla.tion over many yea.rs is in Jeopardy. Wheat is mov- effort was made by farmworkers them- (wages, workmen's compensations and unem- ing now, but Japanese buyers have had to ployment compensat1on), to enforcing pres­ look elsewhere for some of their supplies. Un­ selves to establish their own agenda, for ent laws and enacting new lraws and pro­ certainty a.bout the future here forces them airing their own problems, on their own grams to provide economic opportunities to to continue to look elsewhere. terms. fa.rm.workers. The main hangup in the West Coast dock An interim report was prepared by IV. The very serious problems of the work­ strike continues to be over the question of the panel that heard the farmworker er, 1llegaJly in the U.S. fri:>m Mexico, and com- November 4, 1971 CONGRESSIONAL RECORD-SENATE 39221 muting green card holders must be met and your opinion." No prompting by use of the "I'm dissatisfied with being laid off a whole solved, according to every Witness who testi­ words "taxes, schools, integration, crime" or year because of the slowdown. The wage-price fied. Depressed wages for farmworkers and any other: Just what's on your mind?" freeze hasn't helped me any. It doesn't make other workers prevail; union and community The repor.t is not a happy one, but it's be­ sense to take people off work, run out of un­ organizing efforts toward self-determination lieved to be true; each reporter traveled a employment compensation and go on direct are made difficult if not impossible; and an different pa.rt of the state and ea.ch heard relief. I'd rather work than be on welfare." attitude of dislike and an unfortunate set­ the same things. Here's how the citizens in William McLean of Nunica, a factory ting of brother against brother to the detri­ Michigan look at the times they live in: worker: "The economic slowdown because of ment of those on both sides of the border School busing to achieve racial integra,tion President Nixon has hurt, and I got laid off. and to the benefit of the farmer and other is the hottest public issue and the biggest It's the same as when Eisenhower was presi­ employers who exploit tha.t labor, are all one in the larger cities. A big majority of dent." created by the prevailing situation. Legisla­ whites is against busing; many blacks a.re Harris Lattimore of Muskegon, factory tion recommended by Witnesses included not excited a.bout it. worker: "Government should stay out ( of shifting responsibility for hiring illegals to Next jobs, jobs, jobs. Even those who have the economy) and let labor and management employers, With provision for criminal pros­ good jobs worry a.bout the economy. And in settle it." ecution of employer's; and that the border talking about the economy; most people in­ John Kadisek Jr., a Flint construction pwtrol should be sensitized to the bi-lingual, terviewed approved of President Nixon's worker: "Lack of work is the biggest prob­ bi-cultural attributes of the border popula­ wage-price freeze, and some thought it lem we've got: Solve it and you solve a lot tion. should have come earlier and should last of other problems. They should take some CONCLUSION longer. of the tax money and see to it a kid can The panel is aware that the rhetoric of a After these issues, school problems, gener­ get a job, even if it's part-time. If he has a hearing and this Interim Report ma.y again ally, and crime seem about equally important job he has a feeling that he accomplishes fail to arouse the conscience and attention in the public mind. Many worry about the something. It's good for a kid to know where of the Naition. Hearings, books, television quality of public education, and want less he's going tomorrow morning a.t 8 or 9 documentaries and studies have occurred dependence on property taxes to finance it. o'clock, instead of just wandering the streets. With little or no benefit accruing to farm­ Many a.re willing to give more money for Providing jobs would do a lot more than food worker. policing against crime, particularly violence stamps." Perhaps the most hopeful sign is that these in the streets. And one farmer is so discouraged by the historic hearings, in which farmworkers Michigan voters a.re critical of government, economic situation he's giving up: themselves set their own agenda and priori­ but more critical of the Legislature than the "I'm selling my farm to pay off my debts, ties, will bring us closer to the day when, governor. A minority volunteers interest in a and then I'm going on welfare," declared through union and community organiza­ unicameral legislature. Few call themselves William Sta.gray who has 80 acres near Stand­ tion with the goal of a fair share of political "Democrat" or "Republican." Many deplore ish. "Agricultural prices are so low I can't and economic power, farmworkers themselves "the politics, the deadlock, the bureaucracy" make a go of it. The chain stores hold the Will be able to control their own destinies so of government. prices down." as to begin the process of liberation. It is to The war in Vietnam is fading as a political His wife, Joann, has a roadside produce this end that the Panel sees the hope for issue. Citizens are more a.ware of local and stand, and said, "People with big cars, trailers meaningful implementaition of solutions to national events than of affairs at state gov­ and boats stop to buy vegetables and you'd the crisis which farmworkers face, and it is ernment level. be surprised how many pay with food stamps. to this end that the Nation, both public And where did happiness go? You can walk Our neighbor across the road lives on $40 a and priV1ate sectors, must respond a.nd lend the city streets for hours without seeing any­ month old age assistance; he's past 80, has support, if there is to be a greater tomorrow one smile. Even those With no money or no electricity or running water in his home, for the farmworker and the country. school worries don't look or sound happy. and he can't get food stamps. What kind of Many, many Michigan residents are just a system is that?" plain worried about the times. A few persons interviewed criticized Nixon's BOOTH NEWSPAPERS SURVEY OF Busing isn't regarded as a racial issue. It's wage-price freeze, but most believed it was MICHIGAN ISSUES more a question of pa.rents' worry over safety necessary. of their children, and the words most often Said E. Schipper, a tobacco-candy jobber Mr. GRIFFIN. Mr. President, a team used are to the effect that you pick your in Kalamazoo: "Nixon is going to have to of three reporters from Booth newspaper neighborhood, you have a right to send your carry through on the wage-price freeze. It's chain in Michigan recently surveyed children to school there. Here are some rep­ got to go longer than two or three months. people throughout the State to learn resentative comments: There should be no exceptions if it's frozen. what is on their minds. Mrs. Betty Florshinger, a Kalamazoo house­ We need the freeze for a. year or two to !bring The report of Bud Vestal, Robert H. wife: "I'm not happy with busing. The money inflation under control. If taxes are going up could be put to a better use. The money all the time and wages are frozen, where is Longstaff, and John J. O'Conner who could be spent on more teachers and more the average man going to get the money to published in the Flint, Mich., Journal of equipment--to benefit all the children. Be­ meet the increase?" Sunday, October 24, 1971. cause of busing, people are moving to the "The wage-price freeze is a good thing, Mr. President, I ask unanimous con­ suburbs to get a.way from it.'' even though it held up my husband's pay sent that the articles be printed in the Miss Becky Strumpfer of Richland: "Oov­ raise," said Mrs. Ann Jacobs of Ypsilanti. RECORD. ernment gets a bad deal, and people aren't James Dalson, Grand Rapids service station There being no objection, the items helping a bit . . . blacks a.re not getting as owner: "Government should have a role in good an education. White schools have better stabilizing prices. Fair trade prices should were ordered to be printed in the RECORD, facilities, and sometimes better teachers, too. be re-established. The discount craze is re­ as follows: If everyone gets an equal education-the sulting in poor products because manufac­ THE PEOPLE SPEAK-WHAT BOTHERS MICH­ same chance at it--then perhaps we wouldn't turers have no choice but to take something IGAN RESIDENTS? WELL, QUITE A LOT, IT need busing.'' out or use inferior materials ... price con­ SEEMS "I don't like busing programs," said Mrs. trols must be continued. Prices can't keep What's bothering the people of Michigan Donald McCabe of Albion, a housewife and going up; they've got to stop. What good and what do they think should be done about mother. "We don't have the problem of bus­ does it do to carry a bushel basket full of it? To get the answers to those questions, lng to integrate in Albion, but I would not money with you?" the Lansing bureau of The Journal sent three favor it. You pick your neighborhood when The public school is no longer sacred; the reporters into the field to talk with just plain you move, as we did from New York State a teacher no longer infallible. citizens. After more than a week of inter­ year ago. You do it with the school in mind, Dallas Stadel of New Ionia said: "We need viewing and 1,200 miles of travel, the re­ and you have a right to do that.'' a merit evaluation to rate teachers-to make porters-Bud Vestal, Robert H. Longstaff and "I just came back from Vietnam where I sure they produce or they don't get a raise. John J. O'Conner-came up with the follow­ was a.n Army intelligence officer, and my big­ There are too many deadbeats teaching now. ing report. gest problem was getting a job," said Charles We must have standards for measuring teach­ The times are troubled, and government T. Munson, 28, of Ann Arbor. "It took me ers to weed out the bad teachers. I don't ca.re is creating as many problems as it tries to more than three months to find one. From how much pay a teacher gets as long as we solve. all I have heard since coming back, school get something in the end-a good education Right or wrong, that's the opinion of a busing is the biggest issue. I'm married and for the children." majority of Michigan citizens, according to we have a 2-yea.r-old daughter, so it's not a Mrs. Edna Van Hyfte of Linwood, a recep­ interviews with scores of residents over the problem for us yet, but I would be against tionist, said: "I'd like better teachers; we State in the last week. But most say their busing our children. I'm for the wage-price should get rid of some who aren't doing a government is still the best in the world and freeze, and for getting out of Vietnam­ good job of teaching and haven't for too appear willing to accept the existing process we're making a lot of millionaires over there." long." and make their views known at the polls. The economic recession has many uorried, And "Law and order" is still an issue too. The reporters asked Just one question: but especially black citizens who are hit Hubert Townsend of Flint, a ret ired Gen­ "Tell us what's going right with the state hardest: Here are some typical comments: eral Motors worker and UAW member, and the country, and what's going wrong, 1n John Barnes of Grand Rapids, unemployed: thumped the sidewalk With his cane for CXVII--2467-Part 30

/ 39222 CONGRESSIONAL R;ECORD - SENATE November 4, 1971 emphasis when he said: "The Supreme Court would treat equipment better if they had to we may have to make it inconvenient to has messed up the country-coddling crime pay for some of it." drive automobiles. Kalamazoo wants to en­ and forcing integration. You can't walk the Arthur Romig, manager of the St. Johns courage people to ride the buses. So what do streets of the city at night. We should spend Co-op Co., in St. Johns: "They got to do they do? Build a parking ramp, so it's easier more tax money on the police force and to something about welfare. If people want to to park. In the Kalamazoo area, there is over­ compensate the victims of crime. This coun­ draw a check they've got to go to work for it. lapping and duplication of the local layers try needs some real justice more thas any­ Money is pretty doggone tight. They're tear­ of government. Right now, the taxes in thing else. Crime is our biggest problem." ing the laws apart. We've had some Supreme Pon;age are lower, but I'm sure they are Herman Schoo of Falmouth, retired: "Peo­ Court members who should never have been going to go up.'' ple seem to have more of a permissive atti­ in there." On grocery prices, despite the Payton Geasler of Big Rapids, an employee tude, and the courts follow the attitudes of freeze: "I think it is creeping up a little bit, of Ferris State College: "The Legislature the people. I feel laws should be enforced, really." dragged its feet on getting the budget so the wrongdoer knows he will be punished. Floyd (Matt) Matteson, Alma Chamber of passed. If it had got with it, burned a little Like a pendulum, the permissive society may Commerce executive: "I'm not objecting to midnight oil, it would have beat the wage­ rebound to a repressive society." paying, but I'm not in favor of a graduated price freeze, and we could have gotten our Louis Gardner, Greenville factory worker: income tax. Our welfare system trains people raise. Legislators should be worrying more "There should be equal justice. The punish­ to stay on and not get off." Unicameral leg­ about the people and less a.bout themselves­ ment should be the same for each crime, islature? "I've been in Nebraska. I can't such as voting extra stamps for their junk regardless of who the offender is." say they do any better, but there would per­ mail. They need to work at their job and Warren Brink of Muskegon, a maintenance haps be a few less people to pay." On the quit working so hard at getting re-elected. man: "If a guy like me did anything wrong, wage-price freeze: "Necessary but I hate to I've got a job to do, so I'm at it eight hours I'd be in jail right away ... the Supreme see it, once it starts will it ever go off?" a day, five days a week. Legislators make you Court is what's wrong in this country. Martin Rausenberger, Alma realtor: "I've a lot of promises at election time, so let them And some think government itself is one seen more fellows looking to get rid of their carry them out." of the bigger problems: second home, and they'll get rid of the one Neal Barber of North Muskegon, unem­ "This state is in a mess," said a sales­ in the city. The taxes are so high, they can't ployed, recently returned from Vietnam aUniversity of Michigan and a "The hardest thing in Michigan today is One of their children is buse

tors are trying to do their best; I wouldn't 1n 8 years those awards went to these INTRODUCTION OF SECRETARY OF AGRICULTURE: lean on any of them. The public doesn't Nebraskans who have distinguished CLIFFORD M, HAROll'i understand how complicated government is, (By Mr. Wherry) and once you get in there (public office) it themselves in such diverse fields as sports is not a.s easy as it looks. I don't know about business, and the military. The recip­ It would not be appropriate to convene a unicameral legislature--it's good to have ients included: such a large and distinguished group of Ne­ check and balance, to have opposition to DISTINGUISHED NEBRASKAN AWARD RECIPIENTS braskans as this without some reference to one of our state's most successful products­ anything, although that can bring a. stale­ 1963---0lair M. Roddewig, President, The mate sometimes. The Big Red. Association of Western Railways. I am sure most of you have read about the 1964--His Excellency, The Most Reverend game and our friends who came from Ne­ Gerald T. Bergan, D.D., Archbishop of Omaha. braska for this occasion probably saw the THE FOREIGN AID BILL-AN­ 1965-Robert S. Devaney, Head Football NOUNCEMENT OF POSITION ON game. Coach, University of Nebraska. But I might add one little sidelight which VOTES Bob Gibson, Pitcher, St. Louis Cardinals. indicates the importance which football has 1966-Gen. Alfred M. Gruenther, USA assumed in our state. Mr. MILLER. Mr. President, I would (Ret.). like the permanent RECORD to reflect my As you know, the Cornhuskers are used to 1967-V. J. Skutt, Chairman of the Board playing before a full stadium. President Var­ position, as set forth below, on the rec­ and Chief Executive Officer, Mutual of ner just told me however that at the Utah ord votes in connection with considera­ Omaha Insurance Company. State game Saturday, Coach Bob Devaney tion of H.R. 9910, the foreign assistance 1968-Arjay Miller, Vice Chairman of the was disturbed to learn there was an empty bill, while I was necessarily absent on Board of Directors, Ford Motor Company. seat up under the press box. October 28 and 29, 1971: 1969-Edd H. Bailey, President, Union Devaney went up to find out why. He First. No. 270 Leg. Amendment No. Pacific Railroad. found a lady there who explained the seat 1970-Gen. Albert C. Wedemeyer, USA had belonged to her husband who had passed 538 to delete section 410 of the bill call­ (Ret.). ing for repeal of the so-called Formosa away. resolution-"yea"; It was the society's pleasure this year Devaney said he was sorry to hear about to add to its illustrious list of recipients her loss, but he hated to see such a good Second. No. 274 Leg. Amendment in­ seat go to waste. Didn't she have any friends creasing by $62 million assistance to a lady whose name is well known not only in Nebraska art circles but across the or relatives who could have used his ticket? Cambodia and deleting the section of the Nation. No, she said, they are all at the funeral. bill imposing a limitation upon assist­ It is my pleasure now to introduce a gen­ ance to or for that country-"yea"; Mrs. Olga Nielsen Sheldon is much tleman who has been credited with many Third. No. 275 Leg. Amendment No. more than a donor of the Sheldon distinguished achievements for his adopted 537 to eliminate, pending further study Memorial Art Gallery at the University state of Nebraska and for his nation as well. Not the least of these is the fact that he by the Congress, payment of $101.5 mil­ of Nebraska. She plays an active and vital role in the entire field of American helped make Nebraska Number One by hiring lion in voluntary U.S. contributions to Bob Devaney. the U.N. Development Fund and to the art. Her contributions to the arts in this Our Honorable Secretary of Agriculture world food program of the U.N. Food and country through the years would, if they was born, appropriately enough, on a farm Agriculture Organization-"nay"; could be compiled concisely, make a most in Indiana. After graduating from Purdue Fourth. No. 276 Leg. Amendment No. impressive record. University, he taught ag,ricultural economics 540 barring any assistance to countries So that the commitment of this won­ at two Big Ten schools-Wisconsin and derful lady can be known to others as it Michigan State. which expropriate U.S. property and do Then came the opportunity of a lifetime-­ not provide adequate compensation is well known to Nebraskans, I ask the opportunity to move up to the Big Eight. therefor-"yea"; unanimous consent to have printed in the He served as Chancellor of the University Fifth. No. 278 Leg. Amendment to RECORD the transcripts of the presenta­ of Nebraska from 1954 until he was sworn strike from the bill the requirement sus­ tion of the Ninth Distinguished Nebras­ in as Secretary of Agriculture in January of pending foreign assistance and military kan Award to Mrs. Sheldon. 1969. During his 15 year tenure, he not only sales to Greece--"yea"; There being no objection, the items presided at the revitalization of our football Sixth. No. 279 Leg. Substitute amend­ were ordered to be printed in the RECORD, program but he led the University during a as follows: period of growth and progress which has ment-to amendment No. 558-reducing made it one of the outstanding institutions from $250 million to $150 million the DISTINGUISHED NEBRASKAN AWARD in the nation. ceiling on funds to assist Cambodia-­ WELCOME In nearly three years as Secretary of Agri­ "nay"; (By Daniel E. Wherry, president of the Ne­ culture, he has displayed the 68/Ille excellent Seventh. No. 280 Leg. Amendment No. braska Society of Washington, D.C.) leadership in administering our national farm program during a very difficult per.iod 558 increasing from $250 to $341 Ladies and Gentlemen and distinguished million the ceiling on funds for assist­ in our agricultural history. guests, on behalf of the Board of Governors It is a great pleasure to have him with us ance to Cambodia-"yea"; of the Nebraska Society of Washington, D.C., this evening to make our presentatlon of Eighth. No. 281 Leg. Amendment re­ it is my pleasure to welcome you to the Ninth the Distinguished Nebraskan Award-the ducing from $445 to $285 million Annual Distinguished Nebraskan Award Honorable Clifford M. Hardin, Secretary of the authorizations for Economic Assist­ Dinner. Agriculture. INVOCATION ance Development Loan Fund-"yea"; RESPONSE Ninth. No. 282 Leg. Amendment No. (By the Reverend Robert F. Sims, pastor, (By Dr. Durward B. Varner, president of the Lutheran Church of the Redeemer, Mc­ University of Nebraska) 549 establishing a formula to regulate Lean, Va.) proportionate U.S. share in U.N. pro­ Dan Wherry, Mr. Secretary, Mrs. Secretary, grams-"yea"; "Dear God, Our Father, Accept we pray Mrs. Sheldon, Cliff and Martha, that would the deep and sincere feellngs of thanksgiving work as well, Sena.tor and Mrs. Hruska, Sen­ Tenth. No. 283 Leg. Amendment to re­ and gratitude which move us to speak your duce from $565 to $452 million funds ator Curtis, members of our Congressional name in this hour. Delegation and especially the late Charles for military grant aid-"n,ay"; and "You have provided us with an abundance Thone. I simply want to record as a constit­ Eleventh. No. 284 Leg. Final passage of life far beyond that for which we could uent of his from the First District, he was of H.R. 9910--"yea." have asked or hoped. You have shared With late because he was over there voting like us those good gifts which assure that today Congressmen are supposed to be doing. is worth living and tomorrow worthy of our Charlie, congratulations to you. We're very MRS. OLGA SHELDON, RECIPIENT anticipation. proud of you. OF DISTINGUISHED NEBRASKAN "By your grace we are able to touch the This is a magnificent occasion and Dan I'm AWARD canvas of life with the rich colors of Joy grateful to you for having included me and and peace, and paint a portrait of purpose I must say that this is absolutely A-plus in Mr. HRUSKA. Mr. President, a num­ and meaning. every respect except one slight little miscue ber of years ago the Nebraska State So­ "We would ask in this moment, Oh God, a as I appraise the evening. I detected much to ciety, of Washington, adopted the grati- blessing upon this gathering. Many have my chagrin and some horror that the invoca­ fying practice of conferring an annual travelled long distances to share in the warm tion was given not by a Nebraskan and I Distinguished Nebra.skan Award glow of these few hours. Grant them safe just hope that the man up there can under­ upon journey as they return to their home state stand a North Carolina prayer. It seems to one who has made an exemplary con­ to continue the good work they have begun. me we are a little careless on the eve of tribution to the State's progress or wel­ "Grant us your grace, that we might truly opening the Big 8 season and I wish you'd be fare. be your people in this day. Amen." a little more thoughtful about that. 39224 CONGRESSIONAL RECORD-SENATE November 4, 1971 Both as President of the University of a family-pioneers in the agricultural heart­ them from a mere Smith. We can pick Nebraska and as a friend and admirer of land of the State and the nation-they are out a Nadelman from many rods away. Be­ Mrs. Olga Sheldon, I was extremely pleased grateful to the State which made their suc­ cause of Olga Sheldon we have come to know when asked to make a brief statement on cess possible and to the University which has Brancusi. this delightful and long overdue occasion. served as the cultural focal point for the Often we left the steering wheel of a trac­ As you all know, my primary responsibillty larger community. But more than this, the tor, or loosened a grip on a hoe, or quit is to sustain the good, eliminate the bad, and Sheldon family has spoken to the central the kitchen detail, or latched the office add to the virtues of the University of feature which we can never abandon, that door to get to the gallery because our Nebraska as an institution of higher learn­ quality of life is an essential dimension to youngsters at the University took us there, or, ing. Somewhere in my non-musical pa.st I satisfactory existence on this earth. It ls pre­ perhaps, we stumbled onto it while going recall a song with the interesting title "Love cisely toward that quality to the life of the to a. football game, or went directly there Is a Many Splendored Thing." While I was community and to the life of the University to be refreshed. never too famillar with that song, I was .that the Sheldon Gallery contributes so Once inside this breathtaking, quiet, and impressed with the creativity· of the person much. incredibly beautiful marble hall, with soft who titled it. Love is a many splendored Tonight we honor you, Mrs. Sheldon, and curves and high reaches of pale beige thing. properly. We honor you as a distinguished travertine, we saw the new American art in With but slight para.phrasing I can say Nebraskan, as a patron of the arts, and as its proper setting, and we came to know more that education, too, ls a many splendored a delightful human being. We are saying to intimately the strange, ringing-names like: thing. Education is a product--a process­ you that we thank you and that we are Osver, Ma.rca-Relli, Stumpfig, Kienbusch, exceedingly difficult to define with precision, grateful to you and to your family for what Pousette-Dart, Tam, Wyeth, Gwathmey, but all of us who spend our productive days you have made possible. In doing so we pay Meigs, Ernest, Stamos, Hartley, Dlebenkorn, and years in this never tranquil area rec­ honor also to the concept, to the conviction Hultberg, Rauschenberg, Hans Hoffman, ognize that education indeed has many di­ that the arts in America represent an essen­ Edward Hopper, O'Keefe, Albers, Mark Tobey, mensions. tial ingredient to U'fe, to the quality of life, Ferren, Knaths, Buchfield, Avery, Rattner, It is a fine blending of those human rela­ and to a true educational experience. Shahn, Rothko, Gatch, Zerbe, De Kooning, tionships which develop and mature during To you and to your family we are deeply Thon, Prestopino, Feininger, Kuhn, Marin, the collegiate experlence--the learning to and genuinely indebted, and tonight I speak Pozzatti, Tomlin and a host of other names live with a roommate, with fraternal associ­ with confidence when I say to you very sim­ just as important, all these hanging in ates, with fellow students, with professors, ply and very openly that many generations Lincoln in a gem of a. building. and with administrators. of students whom you will never know will We saw what these a..rtasts painted, and It is a stage in the life process for ac­ know you through what you have done to how different they were, and how stylized, quiring maturity, for growing up, for learn­ make their stay at the University of Nebraska and fresh. And, there were dozens more of ing to stand on one's own feet and ma.king more enriching than it otherwise could have n.a.mes we came to know and admire includ­ judgments in a sometimes confusing world. been. They, like us, will always be grateful. ing older painters we saJW, and were told It is the business of confronting and being RESPONSE about, like Blakelock, Duvenek, Eakins, Eil­ confronted by ideas-many new, some shemius, Gla.ckens, Homer, Lawson, Maurer, strange, some good, some bad. (By Richard Smith, counsel and member of Prendergast, Ryder, Sloan, Joseph Stella. board of Nebraska Art Association) It is the process of acquiring personal dls­ They say the people in Nebraska are over­ cipline--liberated from parental supervi­ As I understand it, my pleasant task here wrought aibout football, and t.he National sion. in Washington following President Varner Observer sitting out there at Silver Spring, It is learning-learning from teachers and and President Green (and no President I), Maryland recently joined in joshing Ne­ fellow students and boo~learning lessons is to express a simple note about the ordi­ braskans. But the Saturday crowd of people taught by those who preceded us, and learn­ nary Nebraskan's appreciation for the great descending on the stadium in Lincoln (look­ ing from the interrelationships of many sub­ gifts which a thought'ful Sheldon family ing the same as if they were a. smash of jects and events. It is the development of a and Olga Sheldon have laid before us in people going to Soldiers Field in ca.mbridge, sense of loyalty, the identification with some­ Lincoln for all to see and come to appreciate. Massa.ohusetts), go by, and into, a.nd through thing to be for. Even the identification with I think I am qualified to speak for the the Sheldon Art Gallery, of all ages, in all a winning football team has been known to ordinary Nebraskan and his or her rea.<;tlon sorts of attire, up to as many as 4,000 a become a part of the learning process. to the Sheldon Gallery now standing in our day. While in Cambridge the football fans Education is all these things. But it ls midst since May 1963. My first qualification looked the same, more often than not they more. is I am an ordinary person because I have missed seeing wha.tever was hanging in the It should involve an acquaintanceship with never painted a picture, I am not an a.rt illustrious Fogg Museum a.t Harvard. beauty, with quality, with value and with critic, or art teacher-merely an art spec­ To Olga Sheldon and her family, the ordi­ values. It ls not inappropriate to add that tator. I only recently discovered a second nary Nebraskans, who dreamed for a. gallery the educational experience, if it is effective, reason why I am qualified to speak for the to house a growing collection of American should contribute to the spiritual growth in ordinary Nebraskan. I read in the paper the modern art, owe more to her and her fe-mily a very broad and a very real way. other day that another man named Richard than they can ever express without a. quick­ To be educated one must have had many Smith considered his na,me so ordinary and ening pride. encounters with life and living and all that confusing that he decided to change it legally Who ls it that tries to set up a gallery to is involved with the human condition. to Richard Kriegler. He said he spent $260 to show the product of ma.n's and woman's · To be truly educated there must be an en­ get rid of the name and to get a distinguished bursting ima.gtna,tion, that ever had enough counter with and a sensitivity to the un­ name. He was quoted as saying: "It was funds to do it right? Many f,a,milies have hurried beauty and the spiritual enrichment definitely worth every penny." given and still give to this collection, but, which so often can be identified only with In the beginning there was no Sheldon Art it was Olga Sheldon who, after her family the arts. Gallery. But there was a gallery in an ma.de the initial gift, has become, on her The Sheldon Memorial Art Gallery stands older building, with an astonishing start, a. own part, a particularly dependable steward as testimony to this crucial dimension-this quite impressive collection, and enjoying a gµlding and adding to tftle whole Sheldon vital ingredient for effective education at the strong following. But to attract the public gift, and bringing into being this unma.tched University of Nebraska. It is truly the crown and show its collection desirably it needed a structure, doing it right. Philip Johnson jewel-artistically, architecturally and sym­ proper place, which it did not have. himself called it his hardest assignment, for, bolically-on the campuses of the University And then it happened. These great gifts he said, "I oan never charge the owner for of Nebraska. It speaks with a forceful elo­ came from Frances a.nd Bromley and Olga faults blamed on lack of funds." quence to some of the unheralded commit­ Sheldon. And beginning in 1963 with the Whatever the ga,ps might have been in the ments and values of the State of Nebraska opening of the Sheldon Art Gallery, Neb­ program for the gallery that she foresaw, she and the University of Nebraska. It says that raskans acquired a. new zest and altogether was there to see that all helpful embellish­ education is important. It underscores the different awarenesses. Through the Sheldon ments came to be: whether, for example, it fact that the arts are central to this educa­ Art Gallery we came immediately to was the addition of the sculpture garden , tional process. aippreciate an outstanding architect like one of only three such developments in the Situated in a state blessed with vast open Philip Johnson, who designed the structure. United States today, or whether it was some space, with superb son and water resources, Incidentaly, the architect who designed this other work of art that simply must be added in a state Which can speak authoritatively imposing building we are in tonight, Edward to make the gallery one of the finest in the about its sometimes masculine weather, in a Durell Stone, is another architectural giant country. land where the sunsets are truly majestic, we had known for at lea.st 5 years as the Wh en Smithsonian selected the Sheldon where people are warm and friendly and designer of the gracious, moated Stuhr Art Gallery's director, Norman Geske, to genuine, there stands this architectural mas­ Musuem a.t Grand Island. Also proving that choose and stage the United States portion terpiece as a new and vital resource for all great ideas can become reality in a young of the Venice Biennale in 1969, we in Ne­ Nebraska to experience and to enjoy. State like Nebraska. braska of course were honored. But, again, In providing the funds which made the Because of the Sheldon Art Gallery's im­ while we all helped in our own individual Sheldon Memorial Art Gallery possible, the pact we have now come to know, where be­ ways with money and expenditure of per­ Sheldon family has made a statement for all fore we didn't, the difference between Tony sonal time, there was Olga Sheldon gently to hear. They have said in this action that as Smith and David Smith, and can distinguish pushing, ably aiding, and fulfilling whatever November 4, 1971 CONGRESSIONAL RECORD-SENATE 39225 there was that needed the measure of success ball in the University environment?" Well, to think in terms of two million dollars. for that program. you know that's a hard question to answer. From then on it was an experience of ascend­ Indeed, to the very latest significant touch It takes about a half-hour. You've faced ing delight. just last year, specifically the addition of one, Woody. By the time we had selected an architect the largest one-gallery collection of Robert But Dr. Lew Morrill, the then President and Mrs. Sheldon helped in this, and we Henri, it was Olga who, with other stalwart at the University of Minnesota, and old­ were fortunately able to get Philip John­ a.rt patrons, made it possible, thereby placing timer, told me that in that kind of situation son, we realized that there might be three Henri in proper perspective in his native you could do one of two things-punt or million dollars. And then as we began to fur­ State, surrounded by a gra.nd array of works quote scripture. And he says there's a line ther liquidate the estate, always there was by his own pupils and associates from the in scripture that answers that situation more money than we had anticipated. I don't Pennsylvania Academy of Fine Arts, all ex­ quite aptly-the 12th Chapter of Daniel, the remember the final figure, but we were able emplifying the medium-olden days of Ameri­ fourth verse, where you'll find the words, to build the beautiful structure that you all ca's burgeoning younger artists. "But thou, O Daniel, shut up the words, and know and love, and to provide lavish head­ Little wonder that other strong patrons seal the book, even to the time of the end: quart ers for the Nebraska Art Association. like the Hall Trust, the Woods family, Mrs. many shall run to and fro, and knowledge Carl and Mrs. Olson are here tonight. Carl Howard Wilson, Mary Ross, Bertha Schaeffer, shall be increased." Olson's firm built the building and I re­ the Abel family, and many others have con­ The football fame has been great but as member Carl near the end of construction tinued their splendid conjunctive effort. President Varner and I both know so well, . saying, "I want to tell you about my men With this enviable gallery setting, we Ne­ it can also be fleeting. But we hope it will who have been working on the project, I've braskans look forward to a future which will last a while longer. There are two events never seen anything like it. They know they encourage even more pa,trons and new sup­ that stand out above all others in the pro­ are working on a historic building and port from all qua.rters, both public and pri­ motion of Nebraska and certainly the Uni­ they've actually put love into the construc­ vate, not only for itself but for all galleries versity. One of those was the Nebraska Cen­ tion of that art gallery." That was the kind in the State. ter for Continuing Education. After a grant of cooperation that we had from the begin­ From all of my fellow Nebraska.ns, we from the Kellogg Foundation, Nebraskans, ning to the end. If I may paraphrase, the thank you, Olga, for your being here tonight 5,000 of them counting organ izations as one, Sheldons have taken a giant step for Ne­ on this memorable occasion of your selection contributed in a period of 90 days a million braskans, for the Midwest, and for the coun­ as a distinguished citizen and your patience and a quarter dollars to supply the match­ try. And not only as the program tells you in listening to us as we try, never more ing money to build that structure. People so well have the Sheldons been generous in sincerely and in our own humility, to tell from 89 of the 93 counties made contri­ making their funds available, but Mrs. Shel­ you how much we appreciate your constancy, butions. I'll never forget the figures, and don has entered into the whole spirit of the and your creative a.ssistance at every turn, that building was built. This demonstrated enterprise. She's helped with the acquisi­ year by year, and your leadership and ex­ to the faculty that Nebraskans cared about tions. She's made her own acquisitions avail­ ample to us all. their institution and higher education. It able to the collection. She's represented Ne­ also carried a message to the legislature RESPONSE braska across the country and abroad, et which had been rather prudent in the use the Venice Biennale and many other places. (By Mrs. J. Taylor Greer, president of the of their funds. Then came the Sheldon Gal­ These are some of the things that I remem­ Nebraska Art Association) lery and the reason we're here tonight. Also ber that aren't in the printed statement in I know that Norman Geske, the Director lasting in its implications, the establish­ the program but certainly are part of the of the Sheldon Gallery would be wishing to ment of a facility and a program that gen­ reason that Mrs. Sheldon is being honored be here with us tonight to testify to all the erations yet unborn would benefit from. here tonight by the Nebraska Society of Sheldons' fine example and long-range vi­ I remember when we arrived on the cam­ Wash!ngton, D.C. sion for our Nebraska Art Association. Nor­ pus, the very first week, John Selleck, who In the last two lines in the citation which man is traveling the continent of Europe was our mentor, and who had been Chan­ I hope all of you will read in its entirety, at this moment. We a.re an organization cellor for the year and stayed on as the it simply says, "The Nebraska. Society of which gathers it.s members not only from Business Manager of the University, coach­ Washington, D.C., is proud to make Olga Nebraska but states as far west and east ing us on what we had to know. He said Nielson Sheldon a. recipient of this Distin­ as both our coast.s. you've got to know about the Nebraska Art guished Nebraskan Award." But I think, Mrs. We have been inspired by this beautiful Association. This is special. He told us that Sheldon, from the faces, the applause and marble building Olga has given us for the it had the second longest continuous annual the comments that have been made during keeping and displaying of our treasure. With art show in the United States beginning in the day and here this evening, you know Mrs. Sheldon's unique understanding of ev­ the 1890's. He pointed out there had been that there ls a lot more feeling than is erything that goes on behind the scenes in money to buy art treasures during the De­ expressed in those rather formal words. I an a.rt gallery, her continuing support of pression years when there wasn't money to think that I can say on behalf of all of us, our daily operation coupled With her larger pay professors and I learned more about we're happy to make this award also because vision of directions and trends which the that later. you are so lovely and gracious and because Nebraska Art Association attempts in try­ Then he told us about Mr. and Mrs. Brom­ you have given so much of yourself. So it ing to reach more people and acquainting ley Sheldon and Miss Frances Sheldon who is a. great pleasure for me, if you'll rise, to them With contemporary American art, make had left her estate to build an art gallery her presence a vital experience for all of us. present on behalf of the Society this plaque on the campus. He told us about how Miss which reads: the Nebraska Society of Wash­ Her membership on our board is a. strength Sheldon had left the estate with her brother, for us as well. She is always urging us to try ington, D.C., Distinguished Nebraskan Bromley Sheldon, to be made available when­ Award, Mrs. A. B. Sheldon, October 4, 1971. the new, to try the unproved and to try the ever he chose or upon his death to build a exciting adventure. It is this vision that has gallery on the campus of the University. He BIOGRAPHY: OLGA NIELSEN SHELDON (MRS. A. helped us to strengthen the quality of art said he knew it was to be on the campus BROMLEY SHELDON) experience in our part of the country as well and he didn't believe there was any further Olga Nielsen Sheldon well merits being as to gain prestige and recognition for Ne­ instructions except it was to be a. beautiful named a Distinguished Citizen of Nebraska braska. Thank you Olga Sheldon. building and that it was to have headquar­ for her many contributions to the world of PRESENTATION BY SECRETARY HARDIN ters for the Nebraska Art Association. art, especially her role in the building of the Dan, Mrs. Sheldon, Senator and Mrs. Mr. Selleck said he thought there was Sheldon Memorial Art Gallery and its ad­ Hruska, Senator Curtis, Members of the Ne­ a.bout three-quarters of a. million dollars and jacent Sculpture Garden in Lincoln, and braska Oongressional Delegation and fellow that this would build a nice building and her personal involvement in all facet s of Nebraskans. In the course of duties, past and move the art collection out of the attic of art activity in the State. Indeed her recog­ present, I have had many opportunities to Morrill Ha.IL Then we became concerned nition goes beyond the borders of Nebraska.; participate in awards ceremonies and they are about what Bromley Sheldon was doing with she has achieved respect and honor through­ always pleasant. But once in a while one the estate and we did a. little checking, Olga., out the United States. comes along that's just so special that you which I'm sure you didn't know a.bout. Our Mrs. Sheldon's roots are deep in her native kind of feel like you a.re being honored your­ conclusion was he was adding to the value state. She was born in Lexington, one of self just t.o participate in the ceremony. And of the estate much faster than building costs nine children of the Peter Nielsens. She tonight is one of those occasions. were going up. So we relaxed. taught in a country school and vrc.,rked in But there have been many things that hap­ Then as he began to put the estate in shape her father's business prior to her marriage pened over the years since 1954 to the Uni­ to transfer to the University, I remember Joe to A. Bromley Sheldon. Mrs. Sheldon's family versity th.at have been satisfying. Football Shosnick's comment, "Never had he seen a were natives of Vermont but ca.me early to has been mentioned. That was satisfying of group of investments and an estate in as or­ Nebraska, living in Weeping Water before course. I remember when we first went to derly a shape as those that were turned over moving west and establishing lumber yards Lincoln in '54. We made a. trip a.cross the tr the University from Bromley Sheldon." in Lexington, Darr and Cozad. Mrs. Sheldon State. I met many of you on that occasion It was only after his death that we learned still lives in Lexington. and every place we went somebody would ask that he and Mrs. Sheldon had decided to The Sheldon family's interest in art was that awful question, "What does this new make a pa.rt of his own estate available to probably sparked by Miss Frances Sheldon, Chancellor think should be the role of foot- supplement his sister's. And then we began Bromley's sister, a resident o! Lincoln and 39226 CONGRESSIONAL RECORD - SENATE November 4, 1971 long time member of the Nebraska Art As­ State John Irwin II, and the Atomic begun to learn the dimensions of the threat sociation. At her death she left a major Energy Commission surely should have that rises from the earth beneath their feet. portion of her estate in trust for the creation been aware of his profound misgivings. In order to make comprehensible the doses of a gallery in which the collections of the of radiation that are involved, the health University of Nebraska and the Nebraska Dr. Train's statement was made public department has calculated that the lungs of Art Association could be housed. Bromley on Tuesday, November 2, 1971, by a U.S. the occupants in 10 per cent of those 5,000 Sheldon made an additional gift for this pur­ district court hearing an appeal from houses are known to have ben exposed to pose and, after his death in 1957, plans for the Committee on Nuclear Responsibil­ the equivalent of more than 553 chest X-rays the construction began. If Frances Sheldon ity to enjoin the Cannikin test. per year. was the inspiration for the Gallery, however, Now, on the eve of Cannikin, two other In May, Health Department letters went Olga Sheldon was the moving force which incidents have come to light to cast out to the Grand Junction city manager and shaped the Sheldon dream into reality. Olga the Chamber of Commerce recommending Sheldon served with the citizens' committee doubt on the infallibility of the AEC. In that real estate sales be restricted until it which selected Philip Johnson, the distin­ one, the AEC minimized, then ignored, can be determined that the property is free guished American architect, to design the then washed its hands of the huge piles of tailings, and in July, the Boo.rd of Coun­ structure. Her concern for the Gallery con­ of uranium mill tailings which dot the ty Commissioners decreed that building per­ tinued throughout the construction period, Western United States, and which have mits would be granted only " with the pro­ the planning and development of the Sculp­ been used as building material for vision that if tailings are present, they be ture Garden which was completed in 1970, schools and homes. removed prior to erection of buildings." and continues unabated today. In the other, information readily Another part of the state's letter to the She has made major contributions to the homeowners says: "No public funds are gallery's collections. Among the most notable available, but downgraded by the Com­ presently available to pay the cost of tailings of these are the Brancusi "Princess X" given mission, has indicated that the salt caves removed [from existing buildings] . We are in memory of her husband, and a recently in Kansas, where the AEC was planning exerting every effort to try to get Federal acquired group of paintings by Robert Henri, to bury highly radioactive waste, may be funds set aside for this purpose to relieve an early Cozad resident ia.nd perhaps Nebras­ subject to water seepage which would the bUTden this unfortunate situation has ka's most famous son in the art world. make those wastes dangerous to animal placed on Grand Junction residents." An en­ Mrs. Sheldon is a Life Trustee of the gineering study, prepared for the Atomic Nebraska Art Association and a Director ot and human life. All Energy Commission (A.E.C.), concluded that the Nebraska Arts Council. She is a member three of these issues--Cannikin, the the cost of removing the tailings from be­ of the Trustee's Committee of the American uranium mill tailings, and the disposi­ neath the homes in Grand Junction would Association of Museums and a Trustee of the tion of the radioactive wastes in the salt be very high. The A.E.C. determined in the American Federation of the Arts, and is in­ caves--concern the environment. On an case of one home valued at $32,000 that more cluded in Who's Who in American Art. She three the Commission has demonstrated than $15,000 worth of work would be re­ is a Trustee of the Nebraska Historical Society a lack of knowledge of the facts and a quired. And the 5,000 homes in Grand Junc­ Foundation and a former Treasurer of the lack of regard for the dangers its activi­ tion are not the whole of the affair. Many Dawson County Historical Society. She was ties posed. homes in Durango, another uranium-mill cited last year by the American Institute of town in Colorado, have already been shown Architects for her distinguished role in the I ask unanimous consent to have to have been built on tailings. Preliminary Sheldon Memorial Art Gallery and was printed in the RECORD, at the conclusion measurements indicate that 14 more towns awarded an Honorary Doctor of Humane Let­ of these remarks, the text of Dr. Train's in the state could have the same problem ters by the University of Nebraska. memorandum to the Under Secretary of and estimates for repairing all of the af­ Through observation, study experience State and an article published in the fected homes in Colorado run as high as and travel, Mrs. Sheldon has gained a full New York Times of Sunday, October 31, $20-million. understanding of the objectives of a Uni­ Like Grand Junction and Durango, Salt versity Art Gallery, and with quiet enthu­ providing more information about the other two incidents. The promising note Lake City, Utah, also has a large tailings siasm she works effectively for the fulfillment pile inside its boundaries. Despite assur­ of them. As the University wrote on the at the end of the article, concerning the ances from state officials there that no tail­ occasion of conferring the Honorary Degree, new AEC Chairman, Dr. Schlesinger, is ings were used for construction purposes "The horizon of her interest in the affalrS' soured by Cannikin. I have my doubts anywhere in Utah, two years ago a news­ of art is as open and unrestricted as that of that the Commission "knows what it is man found many homes and other build· the Platte Valley where she was born and doing" in Alaska. ings built on the radioactive material. Thou­ reared." There being no objection, the items sands of other homes in the West may be The Nebraska Society of Washington, D.C. were ordered to be printed in the RECORD, similarly threatened. Wherever there is a big is proud to make Olga Nielsen Sheldon a pile of fine, sandy uranium tailings that are recipient of its Distinguished Nebraskan as follows: free for the taking, it seems, people wm find Award. DEAR Sm: YOUR HOUSE Is BUILT ON RADIO­ it and use it, before going out to buy ordinary ACTIVE URANIUM WASTE sand. But those who do, get more than they (By H. Peter Metzger) bargained for. • THE CANNIKIN TEST (Suggested letter to owners of properties The tailings are one of several kinds of where radiation levels exceed the Surgeon radioactive waste left over from our coun­ Mr. STEVENSON. Mr. President, on General's guidelines.) try's quest for more raw material for atomic yesterday morning's news I heard a DEAR ---: An official report on our sur­ bombs. The gray sand is what remains after story on the cannikin underground H­ vey of your property for t he presence of ura­ the rock-like ore is crushed at the mill and bomb test which featured one Alaskan nium mill tailings ls enclosed. the uranium removed. Since plutonium, a saying that he did not oppose the test You will note that our study has confirmed man-m:ade element produced in a nuclear because, in his words, "The Atomic the presence of uranium tailings on your reactor, is now the preferred fuel for nu­ Energy Commission knows what it is property and that the radiation exposure clear weapons, the Government is no long­ doing." rate is higher than the level at which the U.S. er purchasing uranium from the mills. In Surgeon General feels corrective action is fact, the A.E.C. has just announced that' I would like to be able to believe, with suggested. in 1974 it will begin selling uranium from that Alaskan citizen, that the AEC We wish to point out to you, in all hon­ its stockpile for industrial purposes. But really does know what it is doing. But esty, that there is little precise scientific in­ private companies continue to mine and mill the evidence is mounting that such is formation about the long-term health ef­ uranium for use, after enrichment, in nu­ just not the case. For some time the AEC fect of low-level radiation, such as exists in clear-power reactors. This means that the insisted that there were no serious en­ your home. We strongly recommend, how­ piles of tailings are still growing, although vironmental issues raised by Cannikin, ever, that you make every effort to lower the much less uranium is correctly being pro­ radiation exposure level in your home by re­ duced than during the mining boom of the but now we know that a body of re­ moving the uranium tailings from your prop­ nineteen-fifties. spected scientific opinion is deeply con­ erty. The mounds of radioactive sand-more cerned over the test. GRAND JUNCTION, COLO.-The letter above than 90 million tons of it in all-are found As long ago as December 2, 1970, is a draft of a warning that the Colorado State at some 30 mills scattered over nine West­ nearly a year ago, Dr. Russell Train, Department of Health will send sometime ern states: New Mexico, Wyoming, Colorado, Chairman of the President's Council on within the next few weeks to 5 ,000 home­ Utah, Arizona, Oregon, Washington, South Environmental Quality, is known to have owners in t he city of Grand Junction. The Dakota and Texas. danger comes from a gray-sand-like material, Piled outside the mills, the tailings were had grave reservations on the environ­ a waste product from a downtown uranium freely available for years and the Atomic mental impact of such a 5-megaton mill that is no longer operating, which was Energy Com.mission declined to prevent peo­ nuclear blast on Amchitka Island. Dr. carted away in large quantities as a con­ ple from carting them away. Even today there Train made these reservations known in struction fill for foundations. Only recently are ineffective controls. Only Colorado li­ a memorandum to Under Secretary of have the people living over those foundations censes tailings piles and restricts public ac- November 4, 1971 CONGRESSIONAL RECORD-SENATE 39227 cess to them, although New York Times cor­ Gov. John Love and state medical and health states in 1964 that no mill license would be respondent Anthony Ripley has written about people, A.E.C. technicians, minimizing the permitted to terminate without a complete Grand Junction: " ... anyone with a truck hazard of indoor radon, indicated that a review of the tailings problem. or car can drive past the single keep-out sign chromosomal study in Grand Junction would Then, in what was widely regarded as a on the road to the city sewage treatment have "no validity." A.E.C. Chairman Glenn complete about face two years later, the plant and drive onto the pile of tailings. Sea.borg turned down the grant himself in a A.E.C. decided that when a mill owner's There are no fences. There are no radiation letter to Love, but the Governor obtained license terminated, further control of tail­ signs." Similarly, I have driven onto Union other funds and the study begins in July. ings was not required. Josph F. Hennessey, Carbide's pile at Rifle, Colo. Dr. Herbert Lubs, one of the researchers, the A.E.C.'s chief legal counsel at the time, In the first years of uranium production, comments on his preliminary results: "There told a Senate subcommittee: "There is a only the dangers from the ore in the mines already appear to be too many chromosome limitation ... [in the Atomic Energy Act] were recognized. The ore veins contain radi­ breaks in cells from the [umbilical] cord­ that exempts ... any quantities of uranium um as well as .uranium. Radium slowly de­ blood. of the babies." He also pointed out that ... considered unimportant by the commis­ cays into a radioactive gas called radon, which recent health records in Grand Junction sug­ sion ... so our present posture is that the itself rapidly changes into a series of highly gest a higher incidence of mongolism in the concentration of uranium in these waste piles radioactive solid particles that remain sus­ newborn there. "It's almost three times what is [too low] to impose any restrictions." pended in the air called "radon daughters." you'd expect,'' he said. (Emphasis added.) When inhaled, the particles adhere to the In drawing up the rules for the nuclear The effect of this action was to remove inside of the lungs and are responsible for era, the A.E.C. has pretty much been able the uranium mill tailings from any control "mountain sickness,'' as the Germans called to define its own regulatory powers. From the at all. With the support of the U.S. Public the disease a hundred years ago-just before beginning, it has concentrated on what it Health Service, the State of Colors.do for­ it was recognized as lung cancer. A thousand considers major radiation hazards, including mally protested, but it did no good. The European miners had already died of it before the source of the fuel (uranium or thorium). A.E.C., without outside consultation and the A.E.C. began its massive uranium pro­ the most intense byproducts of fission (like without ,publishing any supportive data, curement program in 1948. strontium 90) and "special nuclear material" concluded that the umnium tailings piles Predictably then, our miners suffered the (like plutonium). Under its regulations, ra­ "present no hazard to the environment, either same fate. As Dr. Brian MacMahon, * chair­ dium--such as is contained in the tailings­ short term or long term.'' man of the advisory committee on this sub­ has never been on the list of radioactive And so, in 1966, some 90-million tons of ject to the National Academy of Sciences, wastes that the agency controls, although its radioactive sand were suddenly no longer the recently observed: "The epidemic of lung broad legal mandate to protect the public responsibility of the A.E.C. With the excep­ cancer now in progress among American from unsafe radiation could be interpreted as tion of Colorado, where state control took uranium miners could readily have been­ covering this material. Moreover, the small over immediately, the piles would just have and indeed was-predicted on the basis of amounts of uranium and thorium left in the to wait until they caused some real trouble past experience in other parts of the world." tailings are below the level that the A.E.C. before anyone else would step in with control So far, several hundred have died of the dis­ defines as "important" (0.05 per cent). measures. And by that time of course, it ease and more deaths are expected. In 1969, The tailings problem had two possible solu­ would be too late. Charles C. Johnson Jr. of the Department of tions at the start: A Bureau of Mines study The A.E.C.'s summary of whait was ex­ Health, Education and Welfare reported that showed that the radium could be removed pected to be its final st atement on the tail­ "of the 6,000 men who have been uranium with versenate, in a common leaching proc­ ings problem said: "We find it difficult to miners, an estimated 600 to 1,100 will be dead ess. But the leaching would have to be done conceive of any mechanism whereby the of lung cancer within the next 20 years be­ alt the mill, during the refining process, to be radioactive material which is now so widely cause of radiation exposure on the job." economical. At this late date it would be too dispersed could become so concent rated as to When the uranium is extracted from its costly to haul the piles back to the mill for exceed current applicable standards for pro­ ore, all the radium remains behind in the processing. The same goes for the alternative tection against radiation." The statement is tailings. So with regard to the deadly radon of transporting the tailings back to the ura­ remarkable because at the very moment just daughters, the tailings are every bit as dan­ nium mines: The method would be economi­ such concentrations were being created. gerous as the ore itself. cally feasible only during the milling of the Here is how the problem came to general The tailings are safe as fill under roads and ore, when trucks taking the ore to the mills public attention: On a routine inspection airport runways, which are in the open and could bring back the tailings to the mine early in 1966, Robert D. Siek of the Colorado have plenty of ventilation, but to build a on the return trip. Department of Health and Robert N. Snelling home ( or any Olther enclosure) over the ra­ What the mills did in the first 10 years of of the U.S. Public Health Service were in dioactive material is another story, it is al­ the atomic energy program, it was discovered, Grand Junction when they noticed trucks most to duplicate the situa.tion down in a was to discharge tailings and radioactive unloading fill into an excavat ion. What uranium mine. The radium in the fill pro­ waste liquids into the nearest waterways. caught their eye was that t he material was duces radon gas which seeps up through the The A.E.C. belatedly asked the mills to keep not ordinary sand: it was uranium tailings, cellar cement slab and collects inside the the amount of radioactive material dumped which can be distinguished from sand by house. The radon is continuously changing into rivers and streams within permissible their finer grain and gray shade. After ques­ into radon-daughter particles, which in the limits, but, raither than having to pay for the tioning the truck drivers, they determined . room remain suspended in the air, just as necessary safety measures, the commission that for a dozen years much of the sandy fill they do in the mines. As the occupants of did nothing to enforce its strictures. used in the area was uranium t ailings, taken the homes breathe, radon daughters accumu­ The A.E.C. knew what a burden the tail­ from the Climax Uranium Company mill in late in their lungs, greatly increasing the ings piles were to become because it had downtown Grand Junction. risk of 1ung cancer. one of its own, in Monticello, Idaho. As a The inspecting officials realized not only But this ls not the only hamrd. Radon <1emonstr81tlon project, the agency flattened that uranium tailings beneath a home can daughters failing to get through the cellar the pile, covered it With topsoil and grassed duplicate conditions in a uranium mine, but slab still emit gamma rays, which also can it over at a cost of more than $300,000; but that the problem could even be worse than penetrate concrete and are particularly even this ambitious project was temporary, strong near the floors, where young children it was for the miners: more people would be descrilbed by the Federal Water Pollution exposed for longer periods and the victims spend much of their time. As with the Control Agency as only adequate for a period miners, radialtion damage takes decades to of 20 years or so. would be of all age groups, including those most sensitive to atomic radiation-young show itself in adults, but ohildren, being far Considering the cost, the states did not more susceptible to atomic radiation, aJ"e al­ expect that the other piles would be so cov­ children and the unborn. ready beginning to exhibit disturbing symp­ ered by the owners voluntarily-1!. job the Looking back, it seems hard to understand toms. A.E.C. once estimated would cost more than how the A.E.C. could have permitted the The University of Colorado Med.lea.I Center $10-million but which would probably cost whole thing to happen in the first place. The in Denver was alerted this year by Dr. Robert five times that today. Moreover, since the uranium miners' tragedy was unfolding and M. Ross Jr., a pediatrician and past president best available treatment was good only for a the danger of radiation-induced lung cancer of the Mesa CoUDJty Medical Association, who short time, it became clear that perpetual was a much discussed subject in the mill reported that there seemed to be too many maintenance would be required, because the towns of the West. It was common knowl­ cancers and birth defects among his young piles would continue to be dangerously ra­ edge in the mill communities that tailings patients in Grand Junction. The university dioactive for an incredible 10,000 years. State were routinely used for fill under homes, and applied to the A.E.C. for funds to study officials were aware that unless responsi­ local health officials were concerned. chromosomal breakage, an ea.rly barometer bility for the tailings was assigned quickly, In 1963, eight years before it was discov­ of radiation damage, among children in the the contractors might try legal maneuvers ered that hundreds of homes in Durango, radon homes. Last March, at a meeting with to avoid the task themselves and the staites were built on the tailings, Dr. Arthur War­ would inherit the entire lot by default. ner, the county medical director, wrote to * Not to be confused with the first chair­ Through its mill-licensing program, the Dr. Donald I. Walker, then the A.E.C.'s re­ man of the Congressional Joint Committee A.E.C. still had control over all the piles gional director of the division of compliance. on Atomic Energy, Senator Brien McMahon, and could under law require the mills to Dr. Warner reported that the Vanadium Cor­ Democrat of Connecticut, who died on July cover them in the same manner as the poraition of America's tailings pile, towering 28, 1952. Monticello pile. The agency promised the 200 feet over the cenlter of town, ca.used 39228 CONGRESSIONAL RECORD ·- SENATE November 4, 1971 "serious concern within this community." cent of the highest measurements made by eating that the tailings come out no matter Dr Warner asked the A.E.C. for information Colorado authorities in Grand Junction. So how small the level or how expensive the co~cerning the use of the tailings in the the A.E.C. report was put quietly to sleep with cost," said Tompkins. construction of small buildings. Today, Dr. the stamp on it: "Notice, this report is for The battle lines are already drawn on the Walker admits he did not reply in writing internal use only. It may not be published.'' issue of who will pay the $20-million bill but instead mailed to Warner a copy of an At the end of 1969, the Colorado Health for the removal job. The A.E.C. still stands A.E.C. letter on the subject that was sup­ Department discovered 10 old homes in the by the 1966 opinion of Lts legal counsel, posedly sent in 1961 to the nine state health town of Uravan that were built on radium Joseph F. Hennessey, tha.t tailings are not departments (which, as we shall see, have diggings in the nineteen-twenties. Radon lev­ under the agency's jurisdiction. Perhaps the no record of it). els in seven of those homes actually exceeded most curious attitude is that of U.S. Repre­ The next year, Page Edwards, manager of the level allowed in uranium mines. Robert sentative Wayne N. Aspinall, Congressman that Durango mill, also asked the A.E.C. for Catlin, an A.E.C. representative sent to Colo­ from the Grand Junction area for more than advice about the use of tailings for con­ rado to explain the indoor radon problem in 20 years and chairman of the subcommittee struction purposes. The A.E.C.'s reply was February, 1970, said on Denver television that on raw materials of the Joint Committee on simply: "Tailings ... are not subjeot to the "the use of mine tailings for construction Atomic Energy. When it raised the question A.E.C. licensing requirements." purposes ... predates the atomic energy pro­ of financial responsibility last month. The By then there had been public discus­ gram." While his statement is true, the im­ Daily Sentinel of Grand Junction quoted the sions of "widespread. use of tailings in con­ pression it. creates is not; the 10 homes built Congressman as saying: "The costs of re­ struction materials, for sand traps on golf before there was an A.E.C. can hardly be com­ moval are too great and government treas­ courses and for children's sandboxes," to pared with the many thousands of homes uries are too limited. The sooner we get this quote one official's report of a Public Health built elsewhere on tailings freely removed into our heads, the better off we'll be." Service meeting held in Cincinnati in 1964 from A.E.C.-licensed mills--a problem which An opposing view was expressed by Glenn which was attended by Dr. Walker and other by this time was known to the commission. E. Keller Jr., the ,president of the State Board A.E.C. representatives. In a 1970 report entitled "A.E.C. Respon­ of Health: "I should think Mr. Aspinall's first By the time health officials had identified sibilities Regarding the Mining and Milling responsibility shouldn't be to the A.E.C. but the indoor rad.on problem, it became very of Uranium," major emphasis was placed on to the homeowners in Grand Junction. I difficult to get cooperation: in many ways a commission claim that it had notified all suibmit that the Federal Government has the A.E.C. attempted to prevent the subject the state health departments about the prob­ exercised extreme irresponsibility in the situ­ from becoming a public issue. lem in time. The commission said that in ation and Mr. Aspinall is sticking his head Since children are the most sensitive to early 1961 it had sent each department a let­ in the sand when he disclaims th.rat." Gov­ radiation, it was important to measure radio­ ter discussing "the A.E.C.'s licensing author­ ernor Love told a press conference later that activity in the schools, most of which had ity over uranium mills and the health and month, "I feel the responsibility does rest been built in recent years. Siek and Snelling, safety considerations relative to the [selling with the Federal Government, more specifi­ along with Dr. Cecil Reinstein, the county cally the A.E.C." health officer, met with the Superintendent or giving away] of sand tailings.'' A copy of The problems of Grand Junction bear im­ of Schools in Grand Junction in 1966 to ex­ the "1961 letter" was made a part o! this portantly on a vital issue for our nation to­ plain the problem a.nd get permission to document and given wide circulation. It said day: radioactive-waste disposal. We have been make measurements in the schools. in part: " ... the radium content of these engaged in two nuclear efforts: the produc­ Siek remembers that the superintendent tailings may be such as to warrant control tion of a vast atomic arsenal and the develop­ said he would have to consult with his "sci­ by appropriate state authorities.'' ment of nuclear-reactor electric generating entific adviser" in such ma.titers, James West­ If the letter had in fact been sent, it might stations. Both produce prodigious quantities brook, who was a member of the school board vindicate to some extent the A.E.C.'s com­ of nuclear waste, but the projected amount and also an assistant manager of the A.E.C.'s plete silence on the dangers it had created in from the nuclear-reactor industry will dwarf Grand Junction operations office. Westbrook its quest for raw materials. But nobody could that already produced from the weapons pro­ and another official arrived later and the remember the letter. Not one of the radiation gram. health officers repeated their request to set health officers of the nine states has a record Accordingly, a plan has been approved for out monitoring equipment: it was turned of this correspondence. permanent disposal of so-called "high-level" down. In January, 1970, Colorado requested Fed­ nuclear wastes from power plants-which are Westbrook says now that he felt the tech­ eral help to determine the dangers of the much more dangerous than the taillngs­ nique proposed for measuring the radioactiv­ radioactivity that had been measured in the in salt beds 1,000 feet below the ground ity in the schools was inadequate. But even Grand Junction homes. Six months later, in Lyons, Kans., a momentous decision about so, it could hardly have failed to give some the U.S. Surgeon General issued health which Dr. Alvin M. Weinberg, director of the idea of the extent of the problem. Today the guidelines for airborne radioactivity inside A.E.C.'s Oak Ridge National La..boratory, said Mesa County school board knows that 15 homes, establishing three categories based on this year: of its schools have been built on tailings and radiation levels: (1) No action required, (2) "Our decision to go to salt for permanent that in at least one classroom the airborne remedial action suggested, and (3) remedial high-level disposal is one of the most far­ radioactivity exceeds the Federal limit per­ action indicaited. The A.E.C. in a "staff analy­ reaching decisions we--or, for that matter, mitted in uranium mines. sis" pointed out that the Surgeon General's any technologists-have ever made. These On an official level as well the A.E.C. recommendations "are difficult to implement wastes can be hazardous for up to a million hindered efforts to achieve a solution. In [because] they do not identify the remedial years. We must therefore be as certain as 1967, the Colorado State Department of Pub­ action contemplated." one can possibly be of anything that the lic Health and the Southwestern Radiological Later in the year, an interagency steering wastes, once sequestered in the salt, oan, Health Laboratories requested funds from the committee, composed of representatives of under no conceivable circumstances, come U.S. Public Healtl! Service for support to the Colorado Department of Public Health, in contact with the biosphere." carry out surveys to define the extent and the U.S. Public Health Service, the A.E.C. Salt deposits are one of the earth's tight­ seriousness of the indoor radon problem. The and the newly created Environmental Pro­ est geological formations. The mineral's A.E.C., officially this time, managed to re­ tection Agency (E.P.A.), was formed to de­ compressed strength makes it, like concrete, view the grant request and, on its recom­ cide what the remedy was to be. On the an excellent container for radiation. Pres­ mendation, the U.S. Public Health Service recommendation of their own medical ad­ ent plians call for lowering solidified, hot ra­ turned down the state's request. In its re­ visory group, they voted last month "to rec­ dioactive wastes, packed in 10-foot-long view letter, the A.E.C.'s advice was based on ommend complete removal of all tailings stainless-steel cylinders through a shaft to the assertion that the high levels of radon within 10 feet of a habitable structure." This the floor of the mine. The cylinders will be then found in the homes by the health de­ was a typical position for public health peo­ covered with salt, which will eat through partment "can be expected from natural ra­ ple: If a danger is present, remove it; never the steel and at the same time melt into a dioactivity. Therefore," its letter concluded, choose a temporary solution if a permanent plastic-like substance that will eventually "a further sampling program . . . does not one exists. seal the wastes into their "graves.'' seem warranted.'' Predictably, the A.E.C. voted against the In a hurry to get moving, the A.E.C. asked In order to make that claim believable, the motion, but Colorado was encouraged to see the Joint Committee on At.omic Energy in A.E.C. began a research project entitled, "In­ that the E.P.A. representatives supported the March to approve a $25-million appropriation door Radon Daughters and Radiation Meas­ motion, for it was widely suspected that the to begin only three months later. So sure urements in East Tennessee and Central agency would back the A.E.C. This was be­ was the commission that Lyons was the Florida." It was known that naturally high cause most members of the E.P.A.'s office of right place that the director of the division levels of radium exist in the surface soils radiation programs were former A.E.C. people of reactor development told the committee in central Florida and the agency expected whose functions had been transferred to the that further research "will no be particularly to find there a duplication of the measure­ new agency as part o! President Nixon's productive." But the agency did not have the ments made by the Colorado State Depart­ abortive effort to dilute the A.E.C.'s regula­ free hand 1't had in Colorado 20 years ago. ment of Health in Grand Junction. In this tory powers. But the suspicions of A.E.C. Democratic Gov. Robel't B. Docking and Re­ way the A.E.C. sought to put Colorado's prob­ influence revived when Dr Paul Tompkins, publioon Congressman Joe Skubitz were lem in "proper perspective." director of the division, told The Rocky openly opposed, but, more important, so was As it turned out, the highest level in Flor­ Mountain News that the vote did not repre­ the Kansas Geological Survey. ida, as reported by the A.E.C., was only 1 per sent E.P.A.'s real position. "We're not advo- The Kansas Geological Survey had been November 4, 1971 CONGRESSIONAL RECORD-SENATE 39229 very critical of the A.E.C.'s haste, pointing mitted to a salt-mine dump. Floyd Culler quake of 1960 and the Alaskan earthquake out that not enough is known about the un­ of the Oak Ridge National Laboratory, re­ of 1964 suggest that great earthquakes con­ derground water at the Lyons site. Water cently told the Joint Oommitt.ee on Atomic sist of a superposition of smaller quakes. The must be kept away from the salt beds dur­ Energy: "If we stop on the salt, then, by smaller quakes trigger each other like a line ing the million or so years of concern, for golly, we have gOlt to start over on a 20-year of falling dominoes, the combined effect if any enters the cavern, it would prevent program with gypsum beds, or basalt, or being that of a great earthquake. The in­ tight sealing of the radioactive wastes. Con­ something else." Thus, the commission ls dividual earthquakes making up a large taminated and heated by the radioactive searching for alternative sites to Lyons. Just earthquake have a magnitude of six to seven material, the water might percola,te into as in the case of the mill tailings, eco­ on a logarithmic scale. In the great earth­ nearby mine shafts and underground wa..ter nomic considerations seem to be overriding quakes, having a magnitude intensity of supplies, or rise as vapor through the main sound technioal judgment. eight, motion along the fault extends as far shaft and out the entrance of the salt cavern. But new winds are beginning to blow as a thousand kilometers. The energy While salt deposits are the least likely place through the A.E.C. The chairman who took released in the largest earthquakes is to find a reserve of natural water, a prob­ over in August, Dr. James R. Schlesinger, has equivalent to several hundred megQtons lem may arise from hydraulic mining opera­ warned the atomic-energy industry that the while the energy released in the postulated tions at an American Salt Company mine com.mission's function will change. "From smaller component earthquakes ls on the near the proposed dump. The company wrote its inception," Schlesinger admiitted in his order of one to ten megatons. to the A.E.C. about the problem last sum­ first policy address this month, "the A.E.C. Because of the vast energies involved in mer. A spokesman told The Denver Post tha.t has fostered and proteoted the nuclear in­ earthquakes, it had been thought until re­ the latter "expressed concern about the pres­ dustry." In the future, he said, the com­ cently that man could not artificially pro­ ence of water" and that his company "had mission's role would be a more limited one-­ duce an earthquake. Now there are three well­ been injecting water into the formation for "primarlly to perform as a referee serving the documented ways in which man is known 50 years; as we remove the salt, the water public interest." to have triggered earthquakes. replaces the salt." Even if Schlesinger succeeds in transform­ A series of earthquakes were observed near An A.E.C. report on the problem revealed ing the agency, though, the A.E.C. cannot Denver in a region tha.t had previously been that tunnels of the American Salt Com­ avoid responsibility for pa.st errors, like the aseismic. The best interpretation of this pany's mine come as close as 500 yards to tailing mess. At the very least, the com.mis­ phenomena is that waste fluids from the the A.E.C. proposed dump. Also, the report sion should press for funds to remove the Rocky Mountain arsenal were pumped deep said: "In the course of drilling small holes radioactive material from building founda­ into the earth and lubricated a previously ... waster started leaking into the mine [be­ tions. While there does not seem to be any existing fault. Slippage along the fault was cause] one of the many gas or oil bore holes feasible method of disposing of the piles, thus possible and strain that had previously in the area had been intercepted." Dr. W11- the commission could seek legislation to a;ccumulated in the a.djacent rock over liam W. Hambleton, the director of the Kan­ guarantee that they will be flattened, covered geologic time was liberated in the form of sas Geological Survey, remarked: "We felt and pushed away from streams-and the earthquakes. public kept out. the Lyons site increasingly looked like a leaky A second example is found in the case of sieve. I think they [the A.E.C.] are realizing Schlesinger's concept of the commission does promise to reverse its course, for the earthquakes associated with large lakes or that too." reservoirs. As a result of loading of the Although the A.E.C. has yet to concede the better. Nothing less can assure the na,tion that its atomic managers will responsibly earth's crust by these large bodies of water point, Representative Skubitz said this or by the modification of the groundwater month that "the Lyons site is dead as a dodo handle the deadly nuclear trash of the future. flow or for some other reason not yet under­ for waste burial." stood, substantial earthquakes have been And so after 15 years and $100-million If the Great Pyramid wt Giza in Egypt had been a radioactive waste depository, if associated with construction of large artlfl­ worth of studies and experiments, the A.E.C., cial lakes. A recent ea.rtihquake near Koyna. within the short span of about seven months, uranium tailings had been interred in the structure when it was built, about 15 per Dam in Ind.la located in an area that is not has been persuaded to begin looking for an­ normally seismic killed about 200 people. other place. What had happened was simple cent of the radium contained in those tail­ ings would still be dangerous today. If that Similarly, many sm.a,11 earthquakes occurred enough; the A.E.C. plan was made public when Lake Mead was filled. and was therefore subjected to outside criti­ material were plutonium (the nastiest waste of them all), natural decay in almost 5,000 A third example and one most relevant to cism and open discussion. Flaws in the Cannlkin is the triggering of earthquakes by scheme were discovered and they could not years would hardly have made a dent: 90 per cent of the radioaotivity originally pres­ motion along known faults in Nevada. by be made to go away; something had to give. large underground nuclear explosions. Fa.ult So the problem has not been solved. David ent would be with us now. Our civilization in this nuclear age has a scarps over six feet in maximum height and L111enthal, the first chairman of the A.E.C. several miles in length have resulted from and a man who believes that somewhere staggering responsib111ty to the future. The costs of coming generations of our mistakes fa.ult movements initiated by underground along the way the agency strayed from its explosions. The evidence is strong tha,t nat­ original aim of developing nuclear power, are almost beyond the power to imagine. feels that waste has been badly neglected by Our technologists must be nothing less tha.n ural strain energy stored in the earth has the A.E.C. The reason, he says, is that it is infallible. Accordingly, everything must be been released in the Nevada test site by the just not as glamorous as other projects that done to increase our chances of being right underground explosions. the A.E.C. has gotten involved in, like the when we finally decide what to do. As a start, An underground explosion can a.fl'ect the abortive scheme for a billion-and-a-half-dol­ we oa.n derive some humility from the fa.ct strain field within the crust in a number of lar nuclear airplane. In a recent interview, thait only five yea.rs ago our technologists ways. The large amplitude surface waves Lilienthal said: "Can't we find some young could not conceive of how safety could turn generated by the underground explosion can people with new ideas to take care of the into danger in Grand Junction, Colo. dynamically overload near surface 'breaks or waste problem? A dozen first-rate people fractures within the crust a.nd bring about a could solve the problem once and for all and strain adjustment. The creation of a large POTENTIAL ENVIRONMENTAL HAZARDS Asso­ cavity together with a latter collapse of the get us down to the real business of supplying CIATED WITH CANNIKIN power for America's future." chimney produces permanent changes in the A plausible alternative to salt-bed disposal Earthquake Generation. The mechanism of strain field. Observations in Nevada of the has been put forth by scientists at the an earthquake is still a matter of some spec­ Benham event of a.bout a megaton pro­ A.E.C.'s Lawrence Livermore Laboratory in ulation. In brief, the earth's crust is thought duced strain changes of sufficient magni­ California., who have proposed to store the to be made up of numbers of rigid blocks tudes to trigger an earthquake along previ­ waste in a cavern created by a nuclear ex­ generally of continental dimensions bounded ously existing faults of a distance of about plosion detonated 6,000 feet underground. by regions in which seismic activity is high. 15 kilometers. However, the strain field re­ Unlike the Kansas mine, which sits atop a The blocks move relative to ea.oh other, but sulting from an underground explosion can­ water-bearing layer in the earth, this "Plow­ the cause of the motion is unknown. The not be calculated with any precision because share Method" would provide a far deeper scraping of one block against another leads of the dependence of the field on the de­ cavern that would be well below available to a concentration of energy in the form of tailed geology which is largely unknown at water-bearing rocks. Perhaps more impor­ el.astic strain energy. The regions between any given location. tant, the new method would avoid the blocks are characterized by fault or tears in In addition to the direct effects of the hazards of the single-dump concept-the the crust. An earthquake occurs when the blast on the strain field, the explosion will Kansas plan calls for transportation of hot strains in the crust build up to such an ex­ alter the pressure regime in the ground­ wastes from all over the country to Lyons. tent that the frictional forces along the water. The water pressure in the rocks inter­ Under the Plowshare plan, one cavern near faults are overcome. A large amount of strain stices will increase due to the compaction each of three nuclear fuel-reprocessing energy is released and this produces the dam­ of the ground around the cavity. This over­ plants could contain all the electric indus­ age, though probably only a small fraction of pressure might be as large as 10 bars ait a try's nuclear waste until the turn of the the stored energy is tapped even in the great radius of 18 km. This increase in the fluid century. earthquakes. pressure will reduce the friction between But the A.E.C. seems to remain oom- Recent studies of both the Chilean earth- fracture separated blocks. The effect would CXVII--2468-Part 30 39230 CONGRESSIONAL RECORD - SENATE November 4, 1971 be greatest on faults oriented parallel to the though the true rubble chimney does not ex­ undeserved inflationary effect in States residual compressive stresses resulting from tend to the surface. Since the groundwater with weak regulatory commissions. There the test explosion. Thus, it is possible that level almost reaches the surface the depres­ the mechanism involved in the Denver sion will fill with water. the utilities already make excess profits. earthquake would raise the probe.bilirty of The chimney itself will be relatively per­ Yet many of them have filed for rate in­ triggering a large earthquake. meable .. o water movement and there will be creases because the commissions usually All the earthquakes triggered by under­ a tendency for the warm water near the go along with the requests. ground explosions in the various Nevada tests cavity to move upward through the rubble. The Government proceeds from a po­ released substantially less energy than the In this way radioacting nuclides, principally sition of ignorance in evaluating rate in­ explosion itself. If one could establish that tritium, can be mixed throughout the chim­ crease requests because of its delay in this is a necessary condition then there would ney. The time scale for such mixing is not collecting and publishing utility financial be no apprehension with regard to the Can­ known but could be as short as a few yea.rs or nikln event. Unfortunately, this is not the less. -data. Data from 1970 utility reports will case. The magnitude of the triggered earth­ Water in the chimney would move to the not be published until 1972 by the Fed­ quakes will depend on the state of strain sea at a rate dependent on the hydraulic eral Power Commission and the Federal in the crust in the general region at which head, the permeaibllity of existing aquifers Communications Commission. the underground explosion ls set off. Extrap­ and permeability of any new fractures I have obtained some 1970 data from olation from the Nevada experience ls un­ opened up by the explosion. USGS calcu­ the FPC, and because of its relevance to certain because of the fundamentally differ­ lations indicate a time for such movement decisions to be made within the next ent geologic setting between Nevada and the might be as short as one to two years. These Aleutians. Further, experience with Milrow a.re short times and are inconsistent with few days shall include it in the RECORD at does not provide a sure basis for extrapola­ estimates made by AEC that tritium will the conclusion of these remarks. tion in the highly nonlinear phenomena in­ be discharged into the ocean only 145 years The table furnished me by the FPC, volved in earthquake generation, there may after the explosion. At that time the con­ compiled from reports filed by electric be ra. threshold value of the strain that centration of tritium in the groundwater is utilities with the Commission, shows the must be exceeded prior to initiation of a expected to be at a level close to the maxi­ return on common equity of the major large earthquake. The suggested explanation mum permissible concentration for wa.ter. companies. of the Chilean and Alaskan earthquakes in If the shorter times (5 to 10 years) postu­ The table suggests that residents of terms of a succession of smaller earthquakes lated above are correct then the level of would support this interpretation. In th1s radioactivity in the groundwater entering Florida, Indiana, Montana, Ohio, and model a number of lock points stabilize a the ocean would be in excess of ten thousand Texas, to cite the most obvious examples, fault. Once one lock point is broken, sufficient to one hundred thousand maximum per­ are long overdue for substantial rate energy may be released to break other lock missible concentration for water. decreases, they certainly should not be points. If the stored strain energy is large, Effects of Groundwater Release of Radio­ saddled with further increases. In addi­ then the triggered earthquake could be of activity into the Ocean. The waters adjacent tion, the freeze itself and lower cost of much greater magnitude than the triggering to Amchitka hold rich fisheries. Pacific money will decrease utility revenue re­ event. The underground explosion could serve salmon that migrate through the area are as the first domino of the row of dominoes important commercially. Japanese, Soviet quirements. Many of the rate increase leading to a major earthquake. The major and American fishermen take salmon, ocean requests are based upon projections made fault in the general region of Amchitka is perch and limited amounts of king crab. during the exceedingly inflationary pe­ thought to be some 40 km. beneath the test The tritium released through groundwater riod before the freeze. Revenue require­ shot. The strain field will certainly be al­ motion will be diluted by the ocean cur­ ments will be lower, to the extent that the tered at this depth by the underground ex­ rents. Even if the dilution is as great as a freeze is successful, rate requests should plosion. Observations on the Benham event hundred thousand, there is the possibility be accordingly reduced. showed strains exceeding tidal strains at 29 of concentration of tritium well above back­ There are 207 electric utilities which km. ground levels in various steps of the food gross $1 million or more annually. Potential Effects of a Triggered Earthquake. cha,in. The detailed behavior of tritium in The population density in the Aleutian area the food chain is uncertain though it is not Twenty-three of those companies are is very low so even a major earthquake generally thought to be concentrated. How­ industrial utilities or generating com­ would cause little damage and little loss of ever, the possibility remains of fish being panies which sell at wholesale, leaving life as a result of the direct impa.ct of the caught having higher than the background 184 companies which serve residential earthquake itself. This would not be true levels of radioactivity. consumers. if the generated earthquake were so large as RUSSELL E. TRAIN, Chairman. The average return on common stock to extend towards mainland Alaska. While equity for those 184 companies last year this is improbable since the largest known earthquakes have extended along the faults was 11.33 percent, according to my office on the order of a thousand kilometers but WILL UTILITIES LOBBY OFF THE mathematician. not two thousand kilometers, there are un­ LID? Twenty-six of the 184 earned more certainties with regard to fault lengths asso­ than 15 percent on their common stock ciated with ear,thquakes. Mr. METCALF. Mr. President, utilities last year. The real danger from the triggering of a are assiduously lobbying the Cost of Liv­ Yet even many of them have rate in­ large earthquake by the nuclear explosion is ing Council in their efforts to be freed creases pending. in a tidal wave or tsunami. Tsunamis gener­ from the freeze on rate increase requests. Obviously, freedom from freeze for ated in the Eastern Aleutians by earthquakes As is usual in matters affecting utility electric utilities is not a national priority. have had damaging effects at great distance. corporations, the Government does not For example, a tsunami in 1946 killed 159 More important, in my opinion, is action people in Hawaii and wa.s observed in Peru. have the basic information upon which on S. 607 and H.R. 5488, the Utility Con­ The potential long-range effect emphasized wise policy decisions can be reached. sumers' Information and Counsel Act. by the fact that the Chilean earthquake of Neither the Cost of Living Council, All the way from the ratepayer up to the 1960 caused loss of life in Japan. The mech­ the Price Commission nor anyone else in Price Commission we need the disclosure anism by which a tsunami is generated is Government even knows the amount and adversary proceedings which would still uncertain; tsunamis are probably due to and number of rate increase requests be provided by that legislation, on which movements of the sea floor associated with pending among the various commissions fault motion. Large earthquakes in the near the Senate Subcommittee on Govern­ vicinity of Amchitka have not caused de­ throughout the country. My own very ment Intergovernmental Relations con­ structive tsunamis in the past. However, as rough estimate, based upon scattered ducted 2 days of hearings last month. in the case of earthquakes it is not possible trade magazine reports, is that about $4 Mr. President, I ask unanimous con­ at this time to assess quantitatively the prob­ billion in annual rate increases, by elec­ sent to have printed in the RECORD the ability of a tsunami following the explosion. tric, telephone, gas, and pipeline com­ table entitled "Percent Return on Com­ Effects of Explosion on Groundwater Move­ panies, are now pending. Utilities usually mon Equity-Classes A and B Electric ment. The explosion resulting in a cavity fol­ ask commissions for a third or fourth Utility Companies, 1969 and 1970,'' as lowed by a collapse of the overlying rock more than they actually want and plan provided to me by the FPC. The asterisks forming a rubble chimney will affect the to in groundwater flow in several ways. The initial get, order to preserve the appear­ opposite some companies' names denote shock wave and accompanying water over­ ance of regulation. So if the freeze on utilities which do not serve residential pressure may open up new fractures which utility rate increases goes off, we can ex­ customers. could alter r,ates of flow. pect rate increases totaling between $2.5 There being no objection, the table was The formation of the chimney will prob­ and $3 billion a year. ordered to be printed in the RECORD, as ably lead to a saucer-like depression even Such action would have a particularly follows: November 4, 1971 CONGRESSIONAL RECORD - SENATE 39231

PERCENT RETURN ON COMMON EQUITY-CLASSES A AND R ELECTRIC UTILITY COMPANIES

1969 1970 1969 1970 Common Common Common Common equity- equity- equity- equity- Return percent Return percent Return percent Return percent on common of total on common of total on common of total on common of total equity- capital- equity- capital- equity- capital- equity- capital- State and company percent ization percent ization State and company percent ization percent ization

Alabama: Massachusetts: Alabama Power Co ______13. 6 34.6 12.1 34.4 Boston Edison Co ______11. 4 38.4 11. 6 35. 6 Southern Electric Generating Co.I _____ 12. 2 33.6 13. 5 33.8 Boston Gas Co ______5. 6 51.0 5.6 45. 6 Alaska: Alaska Electric Light & Power Co._ 8. 1 55.2 9.0 50.1 Brockton Edison Co ______9. 2 37. 5 10. 3 35. 3 Arizona: Cambridge Electric Light Co ______7. 8 50. 7 9.0 51.1 Arizona Public Service Co ______10. 0 31. 5 10.1 32.3 Canal Electric Col ______8. 1 50. 5 10. 7 50.6 Citizens Utilities Co.2 ______11. 8 48.0 15. 4 42. 7 Cape & Vineyard Electric Co ______9. 4 50.0 7. 9 51.0 Tucson Gas & Electric Co ______12. 6 37. 5 14.4 36.6 Fall River Electric Light Co ______1. 7 54. 5 8.3 54. 6 Arkansas: Fitchburg Gas & Electric Light Co _____ 8. 9 56. 3 8. 7 44.6 Arkansas-Missouri Power Co.3 ______12. 3 29. 2 10. 7 27. 5 Holyoke Power & Electric Co.I ______4. 7 56. 9 11. 3 57. 8 Arkansas Power & Light Co.3 ______13. 5 32. 1 14.1 32.2 Holyoke Water Power Co.I ______6. 7 46.1 7. 7 47. 7 Arklahoma Corp.I ______--- 6. 7 24.5 6.2 28. 1 Massachusetts Electric Co. ______8. 1 41. 3 9. 9 38.4 California: Montaup Electric Co.1 ______6. 9 54. 0 6. 7 49. 5 Pacific Gas & Electric Co . ______11. 6 36. 7 10. 6 36. 8 New Bedford Gas & Edison Light Co •. 1. 4 50. 1 7.0 50.4 San Diego Gas & Electric Co ______13. 0 37. 8 12.1 37.2 New England Power Co.13 ______11. 9 32. 3 9.3 30. 4 Southern California Edison Co.3 ______10. 3 35. 8 11. 2 35.1 Western Massachusetts Electric Co ___ 9. 8 43. 3 9. 1 41. 4 Colorado: Yankee Atomic Electric Co.t ______5. 5 77. 1 5. 4 80.6 Home Light & Power Co ______8.9 · 59.5 10.3 61.4 Michigan: Public Service Co. of Colorado ______12. 7 32.8 12.6 34.0 Alpena Power Co ______1. 9 84. 2 8. 8 85. 5 Western Colorado Power Co ______5. 5 65.9 5. 5 67.1 Consumers Power Co . __ ------11. 5 39. 7 11. 6 38. 4 Connecticut: Detroit Edison ______10. 5 39. 5 10.1 37. 0 Connecticut Light & Power Co _____ . __ · 12.4 35.2 11. 0 34. 2 Edison Sault Electric Co ______12. 0 37. 5 12. 0 38. 5 Connecticut Yankee Atomic Power Michigan Power Co ______6. 1 47. 2 8.0 47. 3 Co.1 ______. 8. 6 45.0 9.2 49.1 Upper Peninsula Power Co.t ______10. 1 38. 7 9. 6 39. 2 Hartford Electric Light Co ______13.1 33.3 12. 2 33.6 Minnesota: United Illuminating Co ______13. 0 34.3 12. 0 33. 8 Minnesota Power & Light Co ______13. 3 36. 6 13. 5 37. 7 Delaware: Delaware Power & Light Co ____ 15. 0 31.9 12.1 30. 7 Northern States Power Co.s ______13. 3 31.7 12. 6 32.4 District of Columbia: Potomac Electric Mississippi : Power Co.3 ______8. 1 32. 6 9.0 30. 6 Mississippi Power Co ______11. 8 34. 9 13. 2 34. 2 Florida: Mississippi Power & Light Co ______15. 2 34. 4 14. 9 32. 8 Florida Power Corp ______15. 2 37. 0 15. 0 35. 7 Missouri: Florida Power & Light Co ______11. 9 41.6 11. 9 41.9 Empire District Electric Co ______14. 3 32. 5 14. 5 32. 4 Florida Public Utilities Co ______13. 2 31. 8 16. 7 32. 9 Kansas City Power & light Co.s______11. 7 38. 4 11. 3 36. 5 Gulf Power Co ______14. 8 35.0 15. 1 33. 7 Missouri Edison Co ______6. 4 63.3 5. 9 67. 7 Tampa Electric Co ______14. 7 35. 7 15.6 34. 8 Missouri Power & Light Co ______10. 6 34. 9 10. 5 34.6 Georgia: Missouri Public Service Co ______13. 6 25. 4 13. 0 26.9 Georgia Power Co . ______12. 4 34.0 12. 6 33. 7 Missouri Utilities Co ______8.1 35. 4 7.4 37. 4 Savannah Electirc & Power Co ______12. 6 35. 8 12. 3 33.0 St. Joseph Light & Power Co ______11. 2 37.6 10. 7 35. 3 Hawaii: Union Electric Co.3 ______11. 9 34. 2 13. 4 33. 7 Hawaiian Electric Co., Inc ______10. 7 32. 5 10. 2 32.4 Montana: Montana Power Co.3 ______16. 1 46.6 17. 5 47. 3 Hilo Electric Light Co., Ltd •••...... _. 7. 6 49.0 10.1 45. 7 Nevada: Maui Electric Co., Ltd ______9. 5 50.9 . 10. 3 54. 7 Nevada Power Co ______12. 8 36. 8 12. 2 37. 1 Idaho: Idaho Power Co.3 ______10.4 35. 9 11. 5 36.6 Sierra Pacific Power ea.a ______12.1 34. 9 11. 7 36. 3 Illinois: Central Illinois Light Co ______New Hampshire: 12. 0 39.5 13. 7 37. l Concord Electric Co ______9.3 39. 9 9.2 40.8 Central Illinois Public Service Co ••..• 14.8 36. 2 14. 4 37. 5 Commonwealth Edison Co ______Connecticut Valley Electric Co., Inc ••• 6.4 74. 8 7.1 76.2 13.8 39.1 13.6 36.1 Exeter & Hampton Electric Co ______12. 3 32. 7 12.9 33.9 Electric Energy, lnc.t 3______3. 7 7.0 5. 5 7.4 Granite State Electric Co ______Illinois Power Co ______9.9 100.0 11. 2 100.0 17. 4 34.8 17. 2 35. 7 Public Service Co. of New Hampshire a_ 13. 0 29.8 15. 3 30. 7 Mt. Carmel Public Utility Co ______8. 5 61. 0 8.5 61. 8 Sherrard Power System ______7.3 87. 7 6. 2 88.3 New Jersey: South Beloit Water, Gas & Electric Co. 4.6 100.0 6.0 100.0 Atlantic City Electric Co ______14. 8 32.6 13.1 32. 9 Indiana : Jersey Central Power & Light Co _____ 10.9 39. 4 12. 8 39.9 Alcoa Generating Co.I ______1. 9 100.0 I. 5 100. 0 New Jersey Power & Light Co ______4.4 37. 9 2.4 42. 0 Commonwealth Edison Co. of Indiana, Public Service Electric & Gas Co ______11. 8 34.8 10. 7 34. 8 Inc.I ______7. 7 39.0 7. 7 39. 7 Rockland Electric Co ______10.6 63. 5 10. 7 57. 4 Indiana & Michigan Electric Co.3 ______17. 9 31. 6 17. 5 32. 7 New Mexico: Indianapolis Power & Light Co ______15. 6 32.3 13.9 31. 9 New Mexico Electric Service Co ______12. 4 35.1 13. 3 39.2 Northern Indiana Public Service Co ..• 15. 3 39. l 16. 3 39.2 Public Service Co. of New Mexico •••• 12. 4 37. 3 12. 7 37. 0 Public Service Co. of Indiana, Inc ____ 14. 0 40. 4 14. 4 39.6 New York Southern Indiana Gas & Electric Co .•• 14. 9 38.1 15.4 38.3 Central Hudson Gas & Electric Corp ___ 11. 6 37.6 8.2 33. 5 Iowa: Consolidated Edison Co. of N.Y., Inc._ 7.9 31. 3 7.4 31. 3 Interstate Power Co.3 ______11. 2 30. 7 11. 2 30. 0 Long Island Lighting Co ______12.9 33. 5 12. 5 33.9 Iowa Electric light & Power Co ______10.5 33.8 11. 3 31. 0 Long Sault, Inc.I ••••... ____ ••.. _____ 9. 7 100. 0 11. 7 100.0 Iowa-Illinois Gas & Electric Co.3 ______13. 5 36.9 12. 3 33. 4 New York State Electric & Gas Corp __ 11. 9 33.6 10.4 33.4 Iowa Power & light Co ______13. 5 34.0 11. 2 33. 6 Niagara Mohawk Power Corp ______9.9 31. 4 9.4 32.0 Iowa Public Service Co.a ______12.0 43.4 11. 5 41.1 Orange & Rockland Utilities, Inc ______14. 3 25. 4 13. 8 26. 5 Iowa Southern Utilities Co ______14. 6 50.4 14. 4 52.3 Rochester Gas & Electric Corp ______12. 3 32.8 11.1 31. 6 Kansas: Central Kansas Power Co., Inc ______IO. 9 48.0 11. 8 48.4 North Carolina: Carolina Power & Light Co.a ______11. 7 36.1 10.1 36. ll Central Telephone & Utilities Corp.3__ 16.4 43.9 13. I 44. 2 Duke Power Co.a ______Kansas Gas & Electric Co ______12. 4 43. 7 12. 8 42. 7 12.6 34. 4 11.2 31. 0 Kansas Power & Light Co ______13.1 45.8 14. 9 43.4 Nantahala Power & Light Co ______7.0 100. 0 7. 3 100. 0 Kentucky: Yadkin, Inc ••• ____ ------_ 4.9 100. 0 5. 0 100. 0 Kentucky Power Co ______10.6 39. 7 5.6 39. 5 North Dakota: Kentucky Utilities Co.3 ______12. 7 48.8 12. 9 44.3 Montana-Dakota Utilities Co.a ______31. 0 37. 5 13.3 38. 2 Louisville Gas & Electric Co .. ______13. 9 46. 5 13. 8 46.3 Otter Tail Power Co.a ______10.4 40.0 11.7 40. 9 Union Light, Heat & Power Co ______9.2 54. 9 9.2 50. 9 Ohio: Louisiana: Cincinnati Gas & Electric Co ______16. 4 40.8 15. 8 36. 5 Central Louisiana Electric Co., Inc ____ 15. 5 30. 5 15. 4 30.6 Cleveland Electric Illuminating Co. ___ 14. 7 51. 5 14. 5 45. 0 Gulf States Utilities Co.3 ...... • c- - 14.0 33. 0 14. 4 32.8 Columbus & Southern Ohio Electric Co. 12.1 36. l 12.1 31. 9 Louisiana Power & Light Co ______14.1 32. 0 13. 7 33.0 Dayton Power & Light Co ______14. 7 37. 4 12. 5 36.6 New Orleans Public Service Inc ______8.9 34.5 10.1 35.1 Ohio Edison Co------15.2 45.6 14. 9 42.4 Maine: Ohio Power Co ______16.1 32. 3 16.1 31. 3 10. 4 35. 5 9.6 34. 5 Ohio Valley Electric Corp.1 ______8.0 4. 7 8. 0 5.0 g:~fr~~ ======10. 0 38.2 11.1 35. 7 Toledo Edison Co ______15.6 35. 7 15. 2 34. 5 Maine Public~a~~~-~~: Service_t~~c Co- ~~ ______:== ______11. 7 36.1 5. 9 35.4 Rumford Falls Power Co.1 ______5. 5 100.0 6.3 100.0 Oklahoma: Oklahoma Gas & Electric Co.a ______Maryland: 16. 5 33. 2 17. 4 33. 7 Baltimore Gas & Electric Co ______13. 2 38.8 12. 2 39.9 Public Service Co. of Oklahoma ______13. 9 39.2 14. 7 40. 2 Conowingo Power Co ______6.4 76.1 6.6 77. 3 Oregon: Delmarva Power & Light Co., of Md._ 8.0 50.4 1. 2 49.1 California-Pacific Utilities Co.a ______8.9 42. 7 8. 3 40. 5 Potomac Edison Co ______14. 3 29.1 13.0 30.9 Pacific Power & Light Co.3 ______10.9 31. 6 11. 2 31. 4 Susquehanna Power Co.t ______7. 5 60.8 6.4 80.8 Portland General Electric Co ______12. 2 35.6 1. 08 35. 0 Footnotes at end of table. 39232 CONGRESSIONAL RECORD-SENATE November 4, 1971

1969 1970 1969 1970 Common Common Common Common equity- equity- equity- equity- Return percent Return percent Return percent Return percent on common of total on common of total on common of total on common of tota l equity- capital- equity- capital- equity- capital- equity- capital- State and company percent ization percent ization State and company percent ization percent ization

Pennsylvania: Southwestern Public Service Co.3_____ 15. 8 31.4 17. 9 31.7 Duquesne Light Co ______15.1 31.7 13. 7 31. 7 Texas Electric Service Co ••••• ••••••• 16. 8 39. 8 17. 3 38.6 Hershey Electric Co ______8.8 50.2 6. 5 39.2 Texas Power & Light Co ______16. 6 37.4 16. 8 36. 9 Metropolitan Edison Co ______9. 0 36.0 7. 5 43.1 West Texas Utilities Co ______15. 5 45. 3 16. 4 44. 5 Pennsylvania Electric Co.a ______12. 3 35. 5 10. 8 36. 3 Utah: Utah Power & Light Co.3 ______11. 7 35. 0 12. 5 35. 7 Pennsylvania Power Co ______13. 5 36. 4 13. 4 33. 5 Vermont: Pennsylvania Power & Light Co ______12. 2 32. 7 10. 0 31. 8 Central Vermont Public Service Corp.3_ 10. 4 29. 6 7. 3 32. 8 Philadelphia Electric Co • ••• _. __ ••• _. 10.5 37. 9 9.5 36. 4 Green Mountain Power Corp ______12. 0 31.0 10. 6 32. 0 Philadelphia Electric Power Co.I ______12. 2 28.4 11.1 35.0 Vermont Electric Power Co., lnc.t •. .•• 4. 1 15. 1 6. 5 12. 5 Potomac Edison Co. of Pennsylvania . _ 5. 4 100. 0 5. 6 100. 0 Virginia: Safe Harbor Water Power Corp.1 ____ _• 6.6 54. 6 7. 6 57. 1 Delmarva Power & Light Co. of Va •.•• 8.4 55. 1 7. 1 55. 5 UGI Corp ______------9.0 58.8 9. 7 54. 3 Old Dominion Power Co ______4.3 63. 2 3. 7 59. 7 West Penn Power Co ______15.4 30. 8 15. 2 32. 5 Potomac Edison Co. of Virginia. ______6. 0 100. 0 6. 2 100. 0 Rhode Island: Virginia Electric & Power Co.a______12. 4 37. 0 13. 5 34. 7 Blackstone Valley Electric Co . __ • ____ 8. 5 43. 7 9. 2 40. 1 Washington: Narragansett Electric Co ______9.8 37. 5 10. 9 37. 0 Puget Sound Power & Light Co ••••••• 9. 4 31.7 9. 4 31.l Newport Electric Corp ______11. 2 39. 2 10.9 35.1 Washington Water Power Co.a ______11.1 32. 1 10. 4 33. 0 South Carolina: West Virginia: Lockhart Power Co ______5.9 100. 0 5.6 100. 0 Appalachian Power Co.a______17. 3 31. 8 19.4 31. 4 South Carolina Electric Gas Co. _____ • 14. 8 31.7 14.1 31. 8 Monongahela Power Co.3_ _------15. 6 30. 2 13. 6 32. 2 South Dakota: Potomac Edison Co. of West Virginia •• 5. 3 100. 0 6.1 100. 0 Black Hills Power & Light Co.3 ______8. 4 39. 4 9. 0 37. 2 Wheeling Electric Co ______8.3 39. 7 9. 9 40.1 Northwestern Public Service Co ______12. 2 36.3 14. 3 34. 6 Wisconsin: Tennessee: Consolidated Water Power Co ______4. 2 99. 9 3. 5 99. 9 Kingsport Power Co ______10.0 47. 5 8. 2 48. 2 Lake Superior District Power Co.• ••••• 9.6 41.0 9.1 42. 0 Tapoco, lnc.ia ______••••. ------. 4.3 100. 0 4. 7 100. 0 Madison Gas & Electric Co ______9. 2 48. 2 8.6 44. 0 Texas: Northern States Power Co ______8. 8 52. 2 9. 2 51.4 Central Power & Light Co ______18. 0 43. 9 16. 3 44. 2 Superior Water, Light & Power Co •••• 7.9 46. 4 5. 5 47. 0 Community Public Service Co.a______13. 9 33.1 14.1 33. 6 Wisconsin Electric Power Co ••.•••.•• 9.6 42. 7 8. 3 40. 0 Dallas Power & Light Co ______13. 2 37. 0 15.1 37. 4 Wisconsin Michigan Power Co.a ______7. 9 50. 2 7. 2 51. 4 El Paso Electric Co.3______17. 2 39. 3 17. 0 40. 8 Wisconsin Power & Light Co ______12. 9 38.4 12. 2 36.0 Houston Lighting & Power Co . . •••••• 14. 5 42.4 15.1 42. 4 Wisconsin Public Service Corp.a ______10. 9 32. 8 11. 3 30. 5 Southwestern Electric Power Co.3 ____ _ 15. 6 37. 9 16.1 39.1 Wisconsin River Power Co.1 ______..• 5. 5 60. 9 5. 5 61. 7 Souti1western Electric Service Co __ __ _ 12.9 30.1 13. 7 31.7 Wyoming : Cheyenne Light, Fuel & Power Co. 8. 8 55. 8 10. 0 57. 0

I Does not serve residential customers. deferred taxes and investment tax credits, related to electric operations. Because of the com- 2 Also operates in other States. plexities involved in determining return on equity applicable to electric operations only, the rates a Also operates in adjoining States. of return on equity shown in this section have been computed using the companies' overall equity and overall reported earnings based on the reported accounting treatment of deferred taxes and . Note: In sec. VIII an overall rat~ of return ~as develope_d for el~ctric operations only and the investment tax credits. income statements of the companies were adiusted to achieve uniform accounting treatment of

CONCLUSION OF MORNING So as to make the bill read: thereof a. detailed description of metes and BUSINESS s. 1977 bounds of the exterior boundaries of the recreation a.rea a.nd of the inland sector. The Mr. MANSFIELD. Mr. President, is Be it enacted by the Senate and House Secretary may by publication of a. revised there further morning business? of Representatives of the United States of map or description in the Federal Register The PRESIDING OFFICER. Is there America in Congress assembled, That, in correct clerical or typogra.phica.l errors in further morning business? If not, morn­ order to provide for the public outdoor rec­ said map or descriptions. reation use and enjoyment of certain ocean ing business is concluded. shorelines and dunes, forested areas, fresh SEc. 5. All lands of the United States water lakes, and recreational fac111ties in the within the exterior boundary of the recrea­ State of Oregon by present and future gen­ tion a.rea are hereby made a. part of the rec­ OREGON DUNES NATIONAL erations, a.nd the conservation of scenic, sci­ reation area. for the purposes of this Act: RECREATION AREA entific, historic, a.nd other values contribut­ Provided, That lands required for the pur­ ing to public enjoyment of such lands and poses of the United States Coast Guard or Mr. MANSFIELD. Mr. President, I ask waters, there is hereby established, subject the United States Corps of Engineers shall that the unfinished business be laid be­ to valid existing rights, the Oregon Dunes continue to be used by such agencies to the fore the Senate. National Recreation Area (hereinafter re­ extent required for such purposes. The PRESIDING OFFICER. The ferred to as the "recreation area"). The SEC. 6. The boundaries of the Siuslaw Na­ Chair lays before the Senate under the boundaries of the recreation area shall be tional Forest are hereby extended to include those shown on the ma.p referred to in section all of the lands not at present within such previous order, the unfinished business 4 of this Act. boundaries living within the recreation area S. 1977, which the clerk will report. SEC. 2. The administration, protection, and as described in accordance with section 4 The assistant legislative clerk read as development of the recreaticn area shall be of this Act. follows: by the Secretary of Agriculture (hereinafter SEc. 7. Within the inland sector established A bill (S. 1977) to establish the Oregon called the "Secretary" ) in accordance with by section 3 of this Act the Secretary may Dunes National Recreation Area. in the State the laws, rules, and regulations applicable to acquire the following classes of property only of Oregon, a.nd for other purposes. national forests, in such manner as in his with the consent of the owner: judgment will best contribute to attainment (a) improved property as hereinafter The Senate proceeded to consider the of the purposes set forth in section 1 of this defined; bill which had been reported from the Act. (b) property used for commercial or indus­ Committee on Interior and Insular Af­ SEC. 3. The area delineated as the "Inland trial purposes if such commercial or indus­ fairs with an amendment on page 10, Sector" on the map referenced in sect ion 4 trial purposes are the sa.me such purposes of this Act is hereby established as an inland for which the property was being used on after line 9, insert a new section, as buffer sector in order to promote such man­ December 31, 1970, or such commercial or follows: agement and use of the lands, waters, and industrial purposes have been certified by SEC. 14. There are hereby authorized to be ot her properties within such sector as will the Secretary or his designee as compatible a.pproprta.ted such sums as ma.y be necessary best protect the values which contribut e to with or furthering the purposes of this Act; to carry out the provisions of this Act, not the purposes set forth in section 1 of this Act. ( c) timberlands under sustained yield to exceed, however, $12,700,000 for develop­ SEc. 4. The boundaries of the recreation management so long as the Secretary de­ ment of the recreation area, plus or minus area. and the inland sector shall be as shown termines that such management is being such amounts, if a.ny, as may be justified by on a map entitled "Proposed Oregon Dunes conducted. in accordance with sta.nda.rds for reason of ordinary fluctuations in construc­ National Recreation Area." dated May 1971, timber production, including but not lim­ tion costs as indicated by engineering costs which is on file and available for public ited to harvesting, reforestation, and debris indexes and not to exceed $2,500,000 for inspection in the Office of the Chief, Forest cleanup, not less stringent tha.n manage­ acquisition of lands, waters, and interests Service, Department of Agriculture, a.nd to ment standards imposed by the Secretary therein. which is attached a.nd hereby made a. part on comparable national forest lands: Pro- November 4, 1971 CONGRESSIONAL RECORD - SENATE 39233 vided, That the Secretary may acquire such mission, may issue regulations designating (c) The members shall not receive any lands or interests therein without the con­ zones where and establishing periods when compensation for their services as members sent of the owner if he determines that no hunting, fishing, or trapping shall be per­ of the council, but they shall be reimbursed such lands or interests are essential for mitted for reasons of public safety, admin­ for travel expenses and shall be allowed, as recreation use or for access to or protection istration, or public use and enjoyment. appropriate, per diem or actual subsistence of recreation developments within the pur­ SEC. 10. The lands within the recreation expenses. poses of this Act. In any acquisition of such area, subject to valid existing rights, are SEC. 13. The Secretary shall cooperate with lands or interests the Secretary shall, to the hereby withdrawn from location, entry, and the State of Oregon or any pollitical subdi­ extent practicable, minimize the impact of patent under the United States mining laws vision thereof in the administration of the such acquisition on access to or the rea­ and from disposition under all laws per­ recreation area and in the administration sonable economic use for sustained yield taining to mineral leasing and all amend­ and protection of lands within or adjacent forestry of adjoining lands not acquired; ments thereto. to the recreation area owned or controlled by and SEC. 11. (a) The Secretary is authorized the State or political subdivision thereof. (d) property used on December 31, 1970, and directed, subject to applicable water Nothing in this Act shall deprive the State primarily for private, noncommercial rec­ quality standards now or hereafter estab­ of Oregon or any political subdivision thereof reational purposes if any improvements lished, to permit the inveatigation for, ap­ of Lt s right to exercise civil and criminal made to such property after said date a.re propriation, storage, and withdrawal of jurisdiction wlithin the recreation area con­ certified by the Secretary of Agriculture or ground water, surface water, and lake, sistent with the provisions of this Act, or of his designee as compatible with the pur­ stream, and river water from the recreation its right to tax persons, corporaitions, fran­ poses of this Act. area and the conveyance thereof outside the ch1ses, or other non-Federal property, includ­ SEC. 8. Within the boundaries of the rec­ boundaries of the recreation area for bene­ ing mineral or other interests, in or on lands reation area lands, waters, and interests ficial use in accordance with applicable laws or waters within the recreation area. therein owned by or under the control of the of the United States and of the State of SEC. 14. There are hereby authorized to be State of Oregon or any political subdivision Oregon if permission therefor has been ob­ appropria.ted such sums as may be necessary thereuf may be acquired only with the con­ tained from the State of Oregon before the to carry out the provisions of this Act, not to sent of such State or political subdivision. effective date of this Act: Provided, That exceed, however, $12,700,000 for development No part of the Southern Pacific Railway nothing herein shall prohibit or authorize of the recreation area, plus or minus such right-of-way within the boundaries of the the prohibition of the use of water from amounts, if any, as may be justified by rea­ recreation area may be acquired without the Tahkenitch or Siltcoo Lakes in accordance son of ordinary fluctuations in construction consent of the railway. In any acquisition of with permission granted by the State of Ore­ costs as indicated by eng,ineering costs in­ improved property within the recreation gon prior to the effective date hereof in con­ dexes and not to exceed $2,500,000 for acqud­ area, the owner or owners {hereinafter in nection with certain industrial plants devel­ sition of lands, waters, and interests therein. this section referred to as "owner") may, as oped or being developed at or near Gardner, a condition of such acquisition, retain the Oregon. Mr. HATFIELD. Mr. President, pro­ right of use and occupancy of such prop­ (b) The Secretary is authorized and di­ posals to save the beautiful dunes area erty for noncommercial residential purposes rected, subject to applicable water quality for a term of ( 1) not to exceed twenty-five along central Oregon's coast have been years, or (2) for a term ending at the death standards now or hereafter established, to before. the Congress for over 12 years. of the owner, the death of the owner's permit transportation and storage in pipe­ They have appeared in different forms spouse, or at the time all of the children of lines within and through the recreation as they have been debated over the years. the owne~· or of the owner's spouse die be­ area of domestic and industrial wastes in ac­ In the legislation before this body today, fore reaching twenty-one years of age or at cordance with applicable laws of the United States and of the State of Oregon if per­ I believe we have a bill, sponsored by my the time the youngest such child reaches colleague, the jnnior Senator from Ore the age of twenty-one, whichever of all such mission therefor has been obtained from the events occur the latest. The owner shall State of Oregon before the effective date of gan and me, which resolves many of the elect at the time of conveyance the terms this Act. conflicts of the past. to be reserved. Where any such owner re­ ( c) The Secretary is further authorized to Briefly, this bill would establish the tains a right of use and occupancy as herein grant such additional easements and rights, Oregon Dnnes National Recreation Area, provided, such right may during its exist­ in terms up to perpetuity, as in his judgment comprising 32,250 acres of magnificent ence be conveyed or leased in whole, but not would be appropriate and desirable for the in part, for noncommercial residential pur­ effective use of the rights to water and the shifting sand dnnes, fresh water lakes, poses. The Secretary shall pay to the owner disposal of waste provided for herein and and fores ts, The area, about 40 miles long, the fair market value of the property on for other ut1lity and private purposes if per­ would be administered by the U.S. Fores·t the date of such acquisition less the fair mission therefor has been obtained from the Service in cooperation with State and market value on such date of the right re­ State of Oregon, subject to such reasonable local governments. The Forest Service tained by the owner. At any time subse­ conditions as are necessary for the protection has given its assurance that it stands quent to the acquisition of such property of the scenic, scientific, historic, and recre­ the Secretary may, with the consent of the ational features of the recreation area. ready to assume the responsibility of ad­ owner of the retained right of use and oc­ SEc. 12. (a) The Secretary shall establish ministering the Oregon Dnnes National cupancy, acquire such right, in which event an advisory council for the Oregon Dunes Recreation Area in accordance with the he shall pay to such owner the fair market National Recreation Area, and shall consult provisions of the bill and with the na­ value of the remaining portion of such on a periodic and regular basis with such tional recreation area concept. Presently, right. The term "improved property" wher­ council with respect to matters relating to' 18,290 acres of the proposed recreation ever used in this Act shall mean a detached management and development of the recrea­ area are being administered by the Forest one-family dwelling the construction of tion area. The members of the advisory coun­ Service. It has had considerable experi­ which was begun before December 31, 1970, cil, who shall not exceed fifteen in number, together with so much land on which the shall serve for individual staggered terms ence in the administration of recreation dwelling is situated, the said land being in of three years each and shall be appointed by areas and will move to accommodalte the the same ownership as the dwelling, as the the Secretary as follows: potential of the dnnes area through the Secretary finds necessary for the enjoyment (1) a member to represent each county in development of needed roads, recreation of the dwelling for the sole purpose of non­ which a portion of the recreation area is trails, parking facilities, beach develop­ commercial residential use, together with located, each such appointee t o be designated ments, camping and picnic gronnds, in­ a.ny structures accessory to the dwelling sit­ by the respective governing body of the terpretive services, and sanitary facilities. uated on such land. The amount of such county involved; land shall be at least three acres in area, or (ii) a member appointed to represent the Some portions within the area will re­ all of such lesser amount that may be held State of Oregon, who shall be designated by main undeveloped and roadless. Mining in the same ownership as the dwelling. the Governor of Oregon; would be prohibited and an advisory Funds hereafter appropriated and available (iii) not to exceed eleven members ap­ council, including both local and national for the acquisition of lands and waters and pointed by the Secretary from among persons interests therein in the na..tional forest sys­ representation, would be created. who, individuall} or through association with This bill is strongly and widely sup­ tem pursuant to the Act of September 3, national or local organizations, have an in­ 1964 (78 Stat. 897, 903), shall be available terest in the administration of the recreation ported in Oregon. I chaired the hearings for the acquisition of any l,ands, water, a.nd area; and in the Sem,,te Interior Committee last interests therein within the boundaries of (iv) the Secretary shall designate one mem­ September on the legislation. All wit­ the recreation area. ber to be chairman and shall fill v,acancies nesses testified in support of it. Repre­ SEC. 9. The Secretary shall permit hunting, in the same manner as the original appoint­ sentative JoHN DELLENBACK, representing fishing, and trapping on the land and waters ment. Oregon's Fourth Congressional District, under his jurisdiction within the recreation (b) The Secretary shall, in addition to h1s area in accordance with applicable laws of" consultation with the advisory council, seek has introdficed identical legislation in the the United States and of the State of Ore­ the views of other private groups and indi­ House, and hearings were held by the gon: Provtded, That the Secretary, after con­ viduals with respect to administration of the House Interior Committee last month. sultation with the Oregon State Game Com- recreation area. Mr. President, it is becoming increas- 39234 CONGRESSIONAL RECORD -SENATE November 4, 1971 ingly important to preserve unique areas in the dunes area along the Oregon coast, You have our complete support in this for the generations to come. The coastal I think we have a consnsus. I am pleased worthy and needed conservation effort. area encompassed in this proposal is to be a part of it because so many have Most Sincerely Yours, certainly deserving of preservation. I be­ worked so long and so hard in the in­ JAMES A. POTI'ER, lieve tr.at the legislation being consid­ terest of preserving an area which is President. ered by the Senate today is a good first truly unique. step in what must be a continuing effort What we must do is to take a first step RESOLUTION: OREGON DUNES NATIONAL to protect this unique area. My interest toward preserving this unique area. This RECREATION AREA in the Oregon Dunes National Recrea­ legislation provides such a step. Some Whereas, the Oregon Dunes are considered tion Area will not wane after this bill is other steps may become necessary in or­ to be of national importance and are perhaps passed by the Senate or after it is signed der to keep in step with the times. But the finest example of seashore dunes on this that is another subject for another time. continent; and into law. Whereas, t he close proxiinity of the forest­ Our Interior Committee has included My first concern is to get this legislation sheltered fresh water lakes gives the area language in our report on the bill to en­ enacted into law while we still have the unique qualities for recreational enjoymeni;; courage land exchanges within the inland opportunity to save this precious area and sector of the area to minimize the inci­ before it is permanently scarred. Whereas, the creation of an Oregon Dunes dence of timber harvesting. I add my Mr. President, it is the same story that National Recreation Area, as proposed in cur­ personal encouragement to the Forest is true of any natural and scenic land­ rent legislation H .R. 778, is a significant Service. to carry out this mandate and I scape in this Nation that deserves pre­ and grat ifying recognition of the high qual­ will do whatever I can to assist in its serving for the sake of posterity. Action ity of Oregon's coastal scenic and recreat ional must be taken while there is something resources; and implementation. Furthermore, as we Whereas, the proposed recreat ion area have the opportunity to observe the ad­ left worth saving, for the sands of our would have overall responsibilit y for man age­ ministration of the legislation, I will land wa[;h away quickly with the tide ment by on e agen cy; and watch particularly for evidence of dis­ of modern civilization. Whereas, the proposed legislation provides parities between our intent of providing In that magnificent book, "Design with for the acquisit ion of land adjacent to the the needed protection of the area and Nature," by Ian L. McHarg, we are given lakes an d dun es so as to protect the prim ary the actual day-to-day administration. a chapter that discusses dunes. In vivid values from future degradation by undesir­ Our legislative responsibilities do not descriptions and gentle persuasion we able types of commercial development; and end with passage of a bill. begin to see the delicate nature of this Whereas, t he proposed legislat ion has gone Mr. President, before final passage of natural phenomenon. In the chapter, far in meeting objections expressed with re­ "Sea and Survival," Mr. McHarg states: spect t o t he creat ion of a recreation area in this bill, I want to call attention to the t h at it provides for: strong support given to this bill by the Let us accept the proposition that nature 1. Local zoning to perinit retention of chairman of the Parks and Recreation is process, that it is interacting, t hat it re­ many h omes and business properties within Subcommitee, Senator BIBLE. Through­ sponds to laws, representing values and op­ the area. portunities for human use with certain lim­ 2. Development and transportation of un­ out the consideration of this bill, Sena­ itations and even prohibitions to certain of derground water and for the disposal of tor BIBLE'S support and assistance has these. been most helpful. In addition, the back­ wastes. up by Mr. Bernie Hartung, of the com­ Mr. President, it is time for us to ac­ 3. Hunting and fishing may be carried on in mittee staff, has been appreciated by all cept that proposition. The Oregon dunes such areas and under such regulations as the of us who have worked for the bill. are a splendid example of nature in proc­ State Game Commission may prescribe after ess. The dunes represent values and op­ consultation with the Forest Service. I also want to thank the Senate lead­ 4. The protection of man-made develop­ ership for calling the bill up at this time. portunities for human use, but with cer­ ments and the natural resources of the area. I know of the desire by both sides of the tain limitations and even prohibitions to Now, therefore, be it resolved that the aisle to move with dispatch, and I ap­ certain of these. Oregon Division, Izaak Walton League of preciate the courtesies shown to me in Mr. President, at this point I would America, in convention assembled in Port­ arranging for such expeditious consid­ ask that the statement I have received land, Oregon, this 26th day of April, 1970, go eration of this legislation. from Mr. James A. Potter, president of on record as approving the creation of the Mr. President, I urge that the bill be the Oregon Division, Izaak Walton recreaJtion area is proposed in H.R. 778. passed. League of America, Inc., be included in Mr. PACKWOOD. Mr. President, I am the RECORD. STATEMENT ON S. 1977, THE OREGON DUNES pleased to join with my colleague, Sena­ I also ask unanimous consent that a TO THE SENATE SUBCOMMITTEE ON PARKS AND tor HATFIELD, to speak today in behalf of copy of a statement I received from Mr. RECREATION the Oregon dunes bill, S. 1977. Berl R. Oar, president, Oregon Wildlife Sen.a.tors, the Oregon Wildlife Federation Recently one of my friends from Cor­ Federation, Portland, Oreg., in support does hereby state our unqualified support of vallis, Oreg., Dave Smith, of the Oregon of the dunes bill be printed in the RECORD. this legislation. Division of the Izaak Walton League ot There being no objection, the material For more than ten years conservationists was ordered to be printed in the RECORD, of Oregon have been asking for the designa­ America, Inc., said to me: as follows: tion of these unique sand dunes as a dedi­ My records disclose that we have favored OREGON DIVISION, cated Recreation Area and to be managed in this policy since introduction of a bill by IZAAK WALTON LEAGUE OF AMERICA, INC., the public interest. We believe S-1977 will do Senator Richard Neuberger in 1959. September 8, 1971. this. And so it has been. All of us in Oregon Senator MARK 0. HATFIELD, We agree to the boundaries as set forth in Senate Office Building, the "map" in the bill, deleting th~ residen­ who share the common goal of protecting Washington, D.C. tial property and protecting the rights of and preserving the wondrous Oregon DEAR SENATOR HATFIELD: The Oregon Di­ those property owners in the "Inland Sector." dunes have literally volumes of literature vision, Izaak W·alton League of America, Inc., The cont inued management of the water re­ on the subject dating back at least to desires to have our enclosed Oregon Dunes sources of the dunes is authorized and the 1959. And there have been many, many National Recreation Area resolution and this recreational uses are established for the en­ Oregonians down through these years letter introduced and made part of the tire 32,292 acres. who have shared this common goal, as is official record of the hearings on S. 1977, We sincerely believe the Department of scheduled for September 14, 1971, before the Agriculture and the U.S. Forest Service can evidenced by this bill before the Senate Senate Interior and Insular Affairs Com­ manage the Oregon Dunes as a multiple use today, and the companion bill in the mittee. Recreation Area under the conditions as set House introduced by Congressman JOHN The above named resolution was over­ forth in S-1977. This legislation is long over­ DELLENBACK. whelmingly passed by the Oregon Division at due. Today, we are all agreed that the their 1970 annual convention held in Port­ Attached is a copy of our 1969 resolution Oregon dunes must be saved or there land, Oregon on April 26, 1970. stating our complete support of legislation to will We are indeed pleased to see that the establish the Oregon Dunes Recreational be nothing worth saving. The time splendidly unique Oregon Dunes Area is Area. has come to reach a consensus. With the being considered for a National Recreational Respectfully, support of Senator HATFIELD, and with Area for the benefit, health, and enjoyment BERL R. OAR, the efforts of Congressman DELLENBACK, of all present and future generations of President, plus the support of a majority of those Americans. Oregon Wildlife Federation. November 4, 1971 CONGRESSIONAL RECORD - SENATE 39235 RESOLUTION ON OREGON DUNES BY THE And, on page 3, at the beginning of line Mr. MANSFIELD. May I say the Sena­ OREGON WILDLIFE FEDERATION 3, strike out "(C) '' and insert "(D) ". tor from Alaska has made a very strong Whereas the conservation and multiple-use Mr. MANSFIELD. Mr. President, I sug­ case for his point of view, and I am de­ of our public lands and na.tura.l resources are gest the absence of a quorum. of great concern to everyone, a.nd, ~ighted that he took time out of a very Whereas the rare dune areas of Oregon's The PRESIDING OFFICER. - The important committee meeting to come Coast have been used by the public for ma.ny absence of a quorum has been suggested. here at this time and give us the benefit recreational purposes for years, a.nd, The clerk will call the roll. of his important views on this matter Whereas Oregon's Congressman Dellenback The second assistant legislative clerk because of his expertise and :first-hand has introduced national legislation (HR 778) called the roll. knowledge. to establish the Oregon Dunes National Rec­ Mr. MANSFIELD. Mr. President I ask Mr. STEVENS. I thank the Senator reational Area, to include a.ll the major and unanimous consent that the order for the scenic dunes for the public outdoor use and very much. enjoyment by present and future generations, quorum call be rescinded. Mr. ALLOTT. Mr. President, I rise in a.nd, The PRESIDING OFFICER (Mr. support of the pending bill, H.R. 5060. Whereas the administration, development GAMBRELL). Without objection, it is so This bill, subject to certain limited ex­ and protection of this thirty-three mile long, ordered. ceptions, would make it unlawful for 30,530 acre area, will be under U.S. Forest Mr. MANSFIELD. Mr. President what anyone while airborne to shoot or at­ Service and Secretary of Agriculture, and is the pending business? ' te~pt to sI?-o?t for the purpose of cap­ public recreation shall be promoted with The PRESIDING OFFICER. The t~mg or killmg any bird, :fish, or other proper multiple-use concepts; pending business, under the order, is Now therefore, be it resolved by the Oregon an~mal; or to harass any bird, :fish, or Wildlife Federation, in convention assembled H.R. 5060. a11:1111a1, o~ to knowingly participate in this 22nd da.y of June, 1969, in Bend, Oregon, Mr. MANSFIELD. I thank the Chair. usmg an aircraft for such purposes. we urge full support of this legislation for The PRESIDING OFFICER. The ques­ The management of game and the continued Multiple-use of this area, and that tion is on agreeing to the first committee formulation of hunting regulations is all Senators and Congressmen of Oregon be amendment. traditionally a State prerogative. I am notified of this resolution. Mr. STEVENS. Mr. President, I have normally very hesitant to see the Federal The PRESIDING OFFICER (Mr. filed supplemental views on this bill. I ~vernment's jurisdiction extended into BYRD of West Virginia). If there be no had intended to call up an amendment. this area. However, Mr. President, further amendment to be proposed, the Because of the considerations brought blatant and outrageous improprieties call question is on agreeing to the committee to my attention, because of the delibera­ for strong action. amendment in the nature of a substitute. tions of the Fish and Game Commission As the Senate committee report states The committee amendment was agreed in the State of Alaska, I am not going on page 3: to do so, because we are going to con­ to. This year the killing of over 500 eagles The bill was ordered to be engrossed tinue discussing the matter in our Com­ ~ro~ helicopters in Wyoming and Colorado for a third reading and was read the merce Committee. But I would like the mdicated the need to curb this practice. third time. record to show and very clearly state The PRESIDING OFFICER. The bill that I have serious reservations about a I 3:m a sportsman myself, but there is bill which prohibits shooting animals noth~g spo.rtsmanlike in any way in having been read the third time, the shootmg anunals or birds from an air­ question is, Shall it pass? solely from aircraft. We in our State pro­ hibit shooting animals from aircraft and ~ra!t. I only regret that these reported The bill (S. 1977) was passed. mc1dents took place, in part, in my state. Mr. HATFIELD. Mr. President, I move the intent of the bill both in this body and in the House apparently seems to be Mr: MANSFIELD. Mr. President, I ask to reconsider the vote by which t.he bill unammous consent that the committee was passed. that it would affect situations such as the so-called wolf men television program, amendments be considered en bloc Mr. PACKWOOD. I move to lay that There being no objection, the con{mit­ motion on the table. and I think this is misleading. We feel that the shooting of animals tee amendments were agreed to en bloc. The motion to lay on the table was The amendments were ordered to be agreed to. from any moving vehicle, whether it is a snow machine or snow buggy or dune e~grossed and the bill to be read a third buggy or truck or motor boat, or what­ time. PROHIBITION OF SHOOTING AT ever it may be, ought to be prohibited, . The bill (H.R. 5060) was read the third BIRDS AND ANIMALS FROM AIR­ and that we should move in that direc­ time and passed. CRAFT tion. As a matter of fact, we do use air­ Mr. MANSFIELD. Mr. President, I Mr. MANSFIELD. Mr. President, I craft and other vehicles for the control move to reconsider the vote by which of predators. This bill would allow that. the bill was passed. move thait the Senate turn to the con­ Mr. BYRD of West Virginia. Mr. Presi­ sideration of Calendar No. 417, H.R. 5060. This bill is being pushed at this time The PRESIDING OFFICER. The bill to convince the public, apparently that dent, I move to lay that motion on the situations such as occurred in th~ wolf table. will be stated by title for the information The motion to lay on the table was of the Senate. man type of documentary, where aircraft agreed to. The bill was read by title as follows: are used to control predators, would be A b111 (H.R. 5060) to amend the Fish and prohibited; and that is not so. A close Wildlife Act of 1956 to provide a criminal reading of the bill discloses that would CONSUMER PRODUCT WARRANTIES penalty for shooting at certain birds, fish, not be prohi bi ted. AND FEDERAL TRADE COMMIS­ and other animals from an aircraft. On the other hand, I would like to SION IMPROVEMENTS ACT OF The PRESIDING OFFICER. The ques­ prohibit the taking of all animals by 1971 tion is on agreeing to the motion of the any person from any motor vehicle ex­ Senator from Montana. cept under special circumstances where Mr: MANSFIELD. Mr. President, I ask The motion was agreed to and the we would have the controls of not only unarumous consent that the Senate turn Senate proceeded to consider the bill State but Federal officials. Unfortunately to the consideration of Calendar No. which had been reported from the Com­ that is not Possible at this time. ' 396, S. 986. I do this so that it will be mittee on Commerce with amendmerrts Therefore, I am not going to off er the the pending business. on page 2, line 10, after the word "crops", amendment at this time. We intend to The PRESIDING OFFICER. The bill insert "and each such person so operating take it up in the committee. will be stated by title. under a license or permit shall report to I thank the majority leader for giving The legislative clerk read the bill by the applicable issuing authority each cal­ me notice so I could indicate why I did title, as follows: endar quarter the number and type of not off er the amendment which was sub­ A bill (S. 986) to provide minimum dis­ animals so taken"; in line 24, after the mitted by me and explained in the sup­ closure st an dards for written consumer word "taken", strike out "and"; at the plementary views in the report of the product warran ties against defect or mal­ 3, f unct ion; to define minimum Federal con­ top of page insert: Commerce Committee. tent standards for such warranties; to amend " (C) the number and type of animals Mr. MANSFIELD. Mr. President will the Federal Trade Commission Act in order ta.ken by such person to whom a permit was the Senator yield? ' to improve its consumer protection activities issued; and Mr. STEVENS. I yield. and for other purposes. 39236 CONGRESSIONAL RECORD - SENATE November 4, 1971 The PRESIDING OFFICER. Is there or malfunction of a consumer product" termine in accordance with section 109 of means: this title the manner and form in which in­ objection to the present consideration of (1) any written affirmation of fact or writ­ forma.tion with respect to any written war­ the bill? ten promise made at the time of sale by a ranty shall be clearly and . conspicuously There being no objection, the Senate supplier to a purchaser which relates to the presented or displayed when such informa­ proceeded to consider the bill, which had nature Of the material or workmanship and tion is contained in advertising, labeling, been reported from the Committee on affirms or promises that such material or point-of-sale material, or other representa­ Commerce with an amendment to strike workmanship is defect-free or will meet a tions in writing. Nothing in this title shall out all after the enacting clause and specified level of performance over a specified be deemed to authorize the Commission to insert: period of time, or prescribe the duration of warranties given (11) any undertaking in writing to refund, or to require that a product or any of its That this Act may be cited as the "Con­ repair, replace, or take other remedial ac­ components be warranted. Further, except sumer Product Warranties and Federal Trade tion with respect to the sale of a consumer as provided in section 104, nothing in this Commission Improvements Act of 1971". product in the event that the product fails to title shall be deemed to authorize the Com­ TITLE I-CONSUMER PRODUCT meet the specifications set forth in the un­ mission to prescribe the scope or substance WARRANTIES dertaking, of written warranties. DEFINITIONS which written affirmation, promise, or un­ DESIGNATION OF WARRANTIBS dertaking becomes part of the basis of the SEC. 101.- SEC. 103. (a) Any supplier warranting in ( 1) "Commission" means the Federal bargain between the supplier and the pur­ writing a consumer product shall clearly and Trade Commission. chaser. conspicuously designate such warranty as (2) The term "consumer product" means ( 12) The term "without charge" means provided herein unless exempted from doing any tangible personal property, normally that the warrantor(s) cannot assess the pur­ so by the Commission pursuant to section used for personal, family, or household pur­ chaser for any costs the warrantor or his 109 of this title: poses, including any such property intended representatives incur in connection with the (1) If the written warranty incorporates to be attached to or installed in any real required repair or replacement of a consumer the Federal standards for warranty set property without regard to whether it is so product warranted in writing. The term does forth in section 104 of this title, then it attached or installed. However, the provi­ not mean that the warrantor must neces­ shall be conspicuously designated as "full sions affecting consumer products in sec­ sarily compensate the purchaser 'for inciden­ (statement of duration)" warranty, guar­ tions 102 and 103 of this title shall apply tal expenses. However, if any incidental ex­ anty, or word of similar meaning. A warran­ only to consumer products actually costing penses are incurred because the repair or tor issuing a written warranty in compliance the purchaser more than $5 each. replacement is not made within a reasonable with Federal standards shall also attempt in (3) "Purchaser" or "consumer" means any time or because the warrantor imposed an good faith to ca.use the disclosure of the person who is entitled by any warranty in unreasonable duty upon the purchaser as a. duration of the warranty period measured writing or service contract in writing which condition of security repair or replacement, either by time or by some relevant measure is offered or given to enforce against the sup­ then the purchaser shall be entitled to re­ of usage such as mileage to the purchaser plier the obligations of the warranty or serv­ cover such reasonable incidental expenses in prior to the time of purchase through ad­ ice contract. any action against the warrantor for breach vertising, by providing point-of-sale mate­ (4) "Reasonable and necessary mainte­ of warranty under section UO{b) of this rials, or by other reasonable means. nance" consists of those operations which title. (2) If the written warranty does not in­ the purchaser reasonably can be expected to DISCLOSURE REQUIREMENTS corporate the Federal standards for warranty perform or have performed to keep a con­ SEC. 102. (a) In order to improve the ade­ set forth in section 104 of this title, then sumer product operating in a predetermined quacy of information available to consumers, it shall be designated in such manner so as manner and performing its intended func­ prevent deception, and improve competition to indicate clearly and conspicuously the tion. in the marketing of consumer products, any limited scope of the coverage afforded. (5) The term "repair" may at the option supplier warranting in writing a consumer (b) Written st atements or representations of the warrantor include replacement with a product shall fully and conspicuously disclose such as expressions of general policy con­ new, identical or equivalent consumer prod­ in simple and readily understood language cerning customer satisfaction which are not uct or component(s) thereof. the terms and conditions of said warranty subject to any specific limitations shall not (6) The term "replacement" as used in pursuant to any regulations issued by the be deemed to be warranties in writing fot' section 104 of this title, in addition to fur­ Commission under procedures specified in purposes of sections 102, 103, and 104 of this nishing a new, identical or equivalent con­ section 109 of this title. Such regulations title but shall remain subject to the provi­ sumer product (or component{s) thereof), may require inclusion in the written war­ sions of the Federal Trade Commission Act shall include the refunding of the actual ranty of information with respect to any of and section 110 of this title. purchase price of the consumer product (1) the following items among others: FEDERAL STANDARDS FOR WARRANTY if repair is not commercially practicable or (1) The clear identification of the name ( 2) if the purchaser is willing to accept such and address of the warrantor. SEC. 104. (a) Any supplier warranting in refund in lieu of repair or replacement. In (2) Identity of the class or classes of per­ writing a consumer product must undertake the event there is replacement of a consumer sons to whom the warranty is extended. at a minimum the following duties in order product, the replaced consumer product (free (3) The products or parts covered. to be deemed to have incorporated the Fed­ and clear of liens and encumbrances) shall (4) A statement of what the warrantor eral standards for warranty: be made available to the supplier. will do in the event of a defect or malfunc­ (1) to repair or replace any malfunctioning (7) "Supplier" means any person (includ­ tion-at whose expense-and for what period or defective warranted consumer product; ing any partnership, corporation, or associa­ of time. (2) within a reasonable time; and tion) engaged in the business of making a ( 5) A statement of what the purchaser (3) without charge. consumer product or service contract avail­ must do and expenses he must bear. In fulfilling the above duties the war­ able to consumers, either directly or indi­ rantor shall not impose any duty other than rectly. Occasional sales of consumer products (6) Exceptions and exclusions from the notification upon any purchaser as a condi­ by persons not regularly engaged in the busi­ terms of the warranty. tion of securing repair or replacement of ness of making such products available shall (7) The step-by-step procedure which the any malfunctioning or defective consumer not make such persons "suppliers" within purchaser should take in order to obtain product unless the warrantor can demon­ the meaning of this title. performance of any obligation under the strate that such a duty is reasonable. In a (8) "Warrantor" means any supplier or warranty; including the identification of any determination by a court or the Commission other party who gives a warranty in writing. class of persons authorized to perform the of whether or not any such additional duty (9) The term "warranty" includes guar­ obligations set forth in the warranty. or duties are reasonable, the magnitude of anty, and to warrant ls to guarantee. (8) On what days and during what hours the economic burden necessarily imposed (10) "Warranty in writing" or "written the warrantor will perform his obligations. upon the warrantor (including costs passed warranty" mea.ns a warranty in writing (9) The period of time within which, after on to the purchaser) shall be weighed against against defect or malfunction of a consumer notice of malfunction or defect, the war­ the magnitude of the burdens of incon­ product. rantor will under normal circumstances re­ venience and expense necessarily imposed (a) "Full warranty" means a warranty in . pair, replace, or otherwise perform any ob­ upon the purchaser. writing against defect or malfunction of a ligations under the warranty. (b) The above duties extend from the war­ consumer product which incorporates the (10) The availability of any informal dis­ rantor to the purchaser. Federal standards for warranty set forth in pute settlement procedure offered by the (c) The performance of the duties enu­ section 104 of this title. warrantor and a recital that the purchaser merated in subsection (a) of this section (b) "Limited warranty" means any war­ must resort to such procedure before pur­ shall not be required of the warrantor if he ranty in writing against defect or malfunc­ suing any legal remedies in the courts. can show that damage while in the possession tion of a consumer product subject to the (11) A recital that any purchaser who suc­ of the purchaser or unreasonable use (in­ provisions of this title which does not in­ cessfully pursues his legal remedies in court cluding failure to provide reasonable and corporate the Federal standards for warranty may recover the reasonable costs incurred, necessary maintenance) caused any war­ set fovth in section 104 of this title. including reasonable attorneys' fees. ranted consumer product to malfunction or (11) A "warranty in writing against defect (b) The Commission is authorized to de- become defective. November 4, 1971 CONGRESSIONAL RECORD - SENATE 39237

FULL AND LIMITED WARRANTING OF A CONSUMER bring suit for breach of such warranty or that he have a specific intention to make a PRODUCT service contract in an appropriate district warranty, but an affirmation merely of the SEC. 105. Nothing in this title shall prohibit court of the United States subject to the jur­ value of the consumer product or service or a the selling of a consumer product which has isdictional requirements of section 1331, title statement purporting to be within such pe­ both full and limited warranties if such war­ 28, United States Code, and any purchaser riod as may be specified by the court after ranties are clearly and conspicuously dif­ damaged by the failure of a supplier to com­ the issuance of the restraining order or pre­ ferentiated. ply with any obligations assumed under an liminary injunction, the order or injunction SERVICE CONTRACTS express or implied warranty or service con­ may, upon motion, be dissolved. Whenever it SEC. 106. Nothing in this title shall be con­ tract subject to this title may bring suit in appears to the court that the ends of justice strued to prevent a supplier from selling any State or District of Columbia court of require that other persons should be parties a service contract to the purchaser in addi­ competent jurisdiction: Provided, That prior in the action, the court may cause them to to commencing any legal proceeding for be summoned whether or not they reside in tion to or in lieu of a warranty in writing if breach of warranty or service contract, any such contract fully and conspicuously dis­ the district in which the court is held, and closes in simple and readily understood lan­ purchaser must have afforded the supplier a to that end process may be served in any reasonable opportunity to cure the breach district. guage the terms and conditions. The Com­ including the u t ilization of any informal dis­ mission ls authorized to determine in ac­ (2) Civil Investigative Demands. cordance with section 109 of this title the pute settlement mechanisms established pur­ (1) Whenever the Attorney General has manner and form in which the terms and suant to subsection (a) of this section. Noth­ reason to believe that any person under conditions of service contracts sh&ll be clear­ ing in this sUJbsection shall be construed to investigation may be in possession, custody, ly and conspicuously disclosed. change in any way the jurisdictional prereq­ or control of any documentary material, u isites or ven ue requirements of any State. relevant to any violation of this title, he DESIGNATION OF REPRESENTATIVES ( c ) An y purchaser who shall finally prevail may, prior to the institution of a proceeding SEC. 107. Nothing in this title shall be in any suit or proceeding for breach of an ex­ under this section cause to be served upon construed to prevent any warrantor from press or implied warranty or service contract such person, a civil invest igative demand making any reasonable and equitable ar­ obligation brought under section (b) of this requiring such person to produce the docu­ rangements for representatives to perform section shall be allowed by the court of com­ mentary material for examination. duties under a written warranty: Provided, petent jurisdiction to recover as part of the ( 11) Each such demand shall- That no such arrangements shall relieve the judgment a sum equal to the aggregate ( 1) state the nature of the conduct al­ warrantor of his direct responsibilities to the amount of c0st and expenses (including at­ leged to constitute the violation of this title purchaser or necessarily make the represent­ torneys' fees based on actual time expended) which is under investigation; ative a cowarrantor. determined by the court to have been rea­ (2) describe the class or classes of docu­ LIMITATION ON DISCLAIMER OF IMPLIED sonably incurred by such purchaser for or mentary material to be produced thereunder WARRANTIES in connection with the institution and pros­ with such definiteness and certainty as to ecution of such suit or proceeding unless the permit such material to be fairly identified; SEc. 108. (a) There shall be no express court in its discretion shall detennine that disclaimer of implied warranties to a pur­ (3) prescribe a return date which will such an award of attorneys' fees would be provide a reasonable period of time Within chaser if any warranty in writing or service inappropriate. contract in writing of a consumer product is which the material so demanded may be made by a supplier to a purchaser. GOVERNMENT ENFORCEMENT assembled ·and made available for inspection (b) For purposes of this title, implied SEC. 111. (a.) It shall be unlawful and a and copying or reproduction; and warranties may be limited only as to dura­ violation of section 5(a) (1) of the Federal (4) identify the custodian to whom such tion and only to the duration of a warranty Trade Commission Act (15 U.S.C. 56(a) (1)) material shall be furnished. in writing of reasonable duration, if such for any person (including any partnership, (iii) No demand shall- limitastion is conscionable and is set forth in corporation, or association) subject to the ( 1) contain any requiremerut which would clear and unmistakable la.nguage and prom­ provisions of this title to fall to comply with be held unreasonable if contained in a sub­ inently displayed on the face of the war­ any requirement imposed on such person by pena duces tecum issued by a court of the ranty. or pursuant to this title or to violate any United States in a proceeding brought under F EDERAL TRADE COMMISSION prohibition contained in this title. this section; or SEC. 109. In addition to the authority given (b) (1) The district courts of the United (2) require the production of any docu­ in sections 102 and 106 of this title pertain­ States. shall have jurisdiction to restrain mentary evidence, which would be privileged ing to disclosure, the Commission is author­ violations of this title in an action by the from disclosure if demanded by a subpena ized to establish rules pursuant to section Attorney General or by the Commission by duces tecum issued by a court of the United 553, title 5, United States Code, upon a any of its attorneys designated by it for such States in any proceeding under this section. public record after an opportunity for an purpose. Upon a proper showing, and after (iv) Any such demand may be served at agency hearing structured so as to proceed notice to the defendant, a temporary re­ any place within the territorial jurisdiction a.s expeditiously as practicable, to determine straining order or preliminary injunction of any court of the United States. when a warranty in writing does not have may be granted without bond under the same (v) Service of any such demand or of any to be deslgnated in accordance with section conditions and principles as injunctive relief petition filed under subparagraph (vii) of 103 of this title; to define in deta.11 the dis­ against conduct or threatened conduct that this section may be made upon a person, closure requirements in paragraph (2) of will cause loss or damage is granted by courts partnership, corporation, association, or subsection (a) of section 103; and to define of equity: Provided, however, That if a com_. other legal entity by- in detail the duties set forth in subsection plaint is not filed merely the supplier's ( 1) delivering a duly executed copy there­ (a) of section 104 of this title and their opinion or commendation of the consumer of to such person or to any partner, execu­ applicability to warra.ntors of different cate­ product or service does not create a warranty. tive officer, managing agent, or general agent gories of consumer products with "full" war­ (2) Only the supplier actually making an thereof, or to any agent thereof authorized ranties. affirmation of fact or promise, a description, by appointment or by law to receive service or providing a sample or model shall be PRIVATE REll4EDIES of process on behalf of such person, partner­ deemed to have created an express warranty ship, corporation, association, or entity; SEC. 110. (a) Congress hereby declares it under this section and any rights a.rising to be its policy to encourage suppliers to (2) delivering a duly executed copy there­ thereunder may only be enforced against of to the principal office or place of business establish procedures whereby consumer dis­ such supplier and no other supplier. putes are fairly and expeditiously settled of the person, partnership, corporation, as­ (d) (1) For the purposes of this section, an sociation or entity to be served; or through informal dispute settlement mech­ "express warranty" is created as ·follows: anisms. Such informal dispute settlement ( 3) depositing such copy in the United (A) Any affirmation of fact or proinise States mails, by registered or certified mail procedures should be created by suppliers in ma.de by a supplier to the purchaser which cooperaticn with independent and govern­ duly addressed to such person, partnership, relates to a consumer product or service and corporation, association, or entity at its prin­ mental entities pursuant to guidelines estab­ becomes part of the basis of the bargain cre­ lished by the Commission. If a supplier cipal office or place of business. ates an express warranty that the consumer (vi) A verified return by the individual incorporates any such informal dispute set­ product or service shall conform to the af­ tlement procedure in any written warranty or serving any such demand or petition setting firmation or promis~. forth the manner of such service shall be service contract, such dispute procedure shall (B) Any description of a consumer product initially be used by any consumer to resolve proof of such service. In the case of service which is made pa.rt of the bargain creates an by registered or certified mail such return any complaint arising under such warranty express warranty that the consumer product or service contract. The bona fide operation shall be accompanied by the return post of­ shall conform to the description. of any such dispute procedure shall be sub­ fice receipt of delivery of such demand. ject to review by the Commission on its own (C) Any sample or model which is made (vii) The provisions of sections 4 and b initiative or upon written complaint filed by part of the basis of the bargain creates an of the Antitrust Civil Process Act (16 U.S.C. any injured party. express warranty that the consumer product 1313, 1314) shall apply to custodians of ma­ (b) Any purchaser damaged by the failure shall conform to the sample or model. terial produced pursuant to any demand and of a supplier to comply with any obligations It is not necessary to the creation of an ex­ to judicial proceedings for the enforcement assumed under a written warranty or service press warranty that the supplier use formal of any such demand made pursuant to this contract in writing subject to this title may words such· as "warranty" or "guaranty" or section: Provided, however, That documents 39238 CONGRESSIONAL RECORD-SENATE November 4, 1971 and other information obtained pursuant to by a public statement of its reasons and staff and other persons an opportunity to any civil investigative demand issued here­ approved by the court. respond within a designated period of time under and in the possession of the Depart­ SEC. 203. Section 5(a) of the Federal Trade to comments initially received and make such ment of Justice may be made available to Commission Act (15 U.S.C. 45(a)) is amend- responses publicly available; (d) lf on the duly authorized representatives of the Com­ ed by inserting after paragraph ( 7) as added basis of the record compiled in accordance mission for the purpose of investigations and by seotion 202 of this Act the following new with subparagraphs (a), (b), and (c) there proceedings under this title and under the paragraph: is a disparity of views concerning material Federal Trade Commission Act subject to the "(8) After an order of the Commission to facts upon which the proposed rule is based, limitations upon use and disclosure con­ cease and desist from engaging in acts or provide for an agency hearing in aocordance tained in section 4 of the Antitrust Civil practices which are unfair or deceptive to with sections 556 and 557 of title 5 of the Process Act (15 U.S.C. 1313). consumers and proscribed by section 5(a) (1) United States Code at which the Commission of this Act has become final as provided in may permit cross-examination (limited as to SAVING PROVISION subsection (g) of this section, the Comm.is- scope or subject matter) by one or more par­ SEC. 112. Nothing contained in this title sion, by any of its attorneys designated by ties as representatives of all parties having shall be construed to repeal, invalidate, or it for such purpose, may institute civil ac- similar interests; (e) promulgate a final rule supersede the Federal Trade Commission Act tions in the district courts of the United based on the record compiled in accordance (15 U.S.C. 41 et seq.) or any statute defined States to obta.in such relief as the court shaJ.l with subparagraphs (b), (c), and, if appli­ therein as an Antitrust Act. fl.nd necessary to redress injury to consumers cable, subparagraph (d) of this paragraph. SCOPE caused by the acts or practices which were "(ii) Following the final promulgation by SEC. 113. (a) The provisions of this title the subject of the cease and desist order, the Commission of any legislative rule that and the powers granted hereunder to the including but not limited to, recision or ref- rule and a brief in its support based upon commission and Attorney General shall ex­ ormation of contracts, the refund of money the Commission proceedings shall be re­ tend to all sales of consumer products and or return of property, public notification of ferred to the House of Representatives and the violation, and the payment of damages." the Senate. If within sixty calendar days service contracts affecting interstate com­ SEC. 204. Section 5(1) of the Federal Trade (which sixty days, however, shall not in­ merce. Commission Act (15 U.S.C. 4(1), is amend- elude days on which either the House ot (b) Labeling, disclosure, or other require­ ed by striking subsection (1) and inserting Representatives or the Senate is not in ses­ ments of a State with respect to written war­ in lieu thereof the following new para- sion because of an adjournment of more ranties and performance thereunder, incon­ graph: than thirty calendar days to a day certain) sistent with those set forth in section 102, "(1) Any person, partnership, or corpora- from the date of referral the Senate or the 103 or 104 of this title or with rules and tion who violates an order of the Commis- House of Representatives by resolution do reg~lations of the Commission issued in a~­ sion after it has become final, and while such not disapprove the rule, it shall become ef­ cordance with the procedures set forth 1n order is in effect, shall forfeit and pay to the fective. section 109 of this title shall not be ap­ United States a civil penalty of not more "(iii) Following the final promulgation by plicable to warranties complying therewith. than $10,000 for each violation, whioh shaJ.l the Commission of any legislative rule, any (c) Nothing in this title shall be con­ accrue to the United States and may be re- interested person may, at any time prior to strued to supersede any provision of State covered in a civil action brought by the the tenth day after the expiration of the pe­ law limiting consequential damages for in­ United States or by the Commission in its riod for review as provided in subparagraph jury tr.> the person. own name by any of its attorneys desig- - (ii) of this paragraph, file a petition for a. EFFECTIVE DATE nated by it for such purpose. Each separate judicial review of such determination. A copy SEC. 114. (a) Except for the limitations in violation of such an order shall be a sepa- of the petition shall be forthwith trans­ subsection (b) of this section, this title shaJ.l rate offense, except that in the case of a viola- mitted by the clerk of the court to the Chair­ take effect s!l.x months after the date of its tion through continuing failure or neglect man of the commission or the officer desig­ enactment but shall not apply to consumer to obey a final order of the ComJ?ission each nated by him for that purpose. The Comm.is­ products manufactured prior to such effective day of continuance of such failure or ne- sion shall file in the court the record of the date. glect shaJ.l be deemed a separate offense. In proceedings on which the Commission based (b) Those requirements in this title which such actions, the United States district courts its rule, as provided in section 2112 of title cannot be reasonably met without the pro­ are empowered to grant mandatory injunc- 28 of the United states Code. mulgation of rules by the Commission s~all tions and such other and further equitable "(iv) If the petitioner applies to the court take effect six months after the finaJ. publrna­ relief as they deem appropriate in the en- for leave to adduce additional evidence, and tion of such rules: Provided, That the Com­ forcement of such final orders of the Com- shows to the satisfaction of the court that mission, for good cause shown, may provide mission." such additional evidence is material and designated classes of suppliers up to an addi­ SEc. 205. Section 6 of the Federal Trade that there was no opportunity to adduce tional six months to bring their written war­ Commission Act (15 U.S.C. 46) is amended such evidence in the proceeding before the ranties into compliance with rules promul­ by striking out the words "in commerce" Commission the court may order such addi­ gated pursuant to this title. wherever they appear and inserting in lieu tional evid~nce ·( and evidence in rebuttal ( c) The Commission shall promulgate thereof "in or whose business affects com- thereof) to be taken before the commission mitial rules for initial implementation of merce" · in a hearing or in such other manner, and this title including guidelines for establish­ SEC. 206. Section 6 (g) of the Federal Trade upon such terms and conditions, as to the ment of informal dispute settlement pro­ Commission Act (15 U.S.C. 46(g)) is amended court may seem proper. The commission may cedures pursuant to section llO(a) as soon by striking subsection (g) and inserting in modify its findings as to the facts, or make as possible after enactment but in no event lieu thereof the following: new findings, by reason of the additional evi- later than one year after the date of en­ " (g) From time to time to classify corpo- dence so taken, and it shall file any such rations and to make rules and regulations for modified or new findings, and its recom­ actment. the purposes of carrying out the provisions mendation, if any, for the modification or TITLE II-FEDERAL TRADE COMMISSION of this Act. Such rules and regulations as are setting aside of its original determination, IMPROVEMENTS specifically provided for hereinafter shall be with the return of such additional evidence. SEC. 201. Section 5 of the Federal Trade promulgated in the following manner and Upon the filing of the petition, the court Commission Act (15 U.S.C. 45) is amended by shall have the stated substantive force and shall have jurisdiction to review the deter­ striking out the words "in commerce" effect: mination of the 'Commission in accordance wherever they appear and inserting in lieu " ( 1) The Commission is authorized to issue with chapter 7 of title 5 of the United States thereof "affecting commerce". procedural rules to carry out the provisions Code, including that provision requiring the SEC. 202. Section 5(a) of the Federal Trade of this Act. Any such rule shall be promul- rule to be supported by substantial evidence Commission Act (15 U.S.C. 45(a)) is gated in accordance with section 553 of title on the basis of the entire record before the amended by inserting after paragraph (6) 5 of the United States Code and without re- court (including any additional evidence ad­ thereof the following new paragraph: gard to the exemption in subsection (b) duced). "(7) The Commission may initiate civil thereof for rules of agency procedure or prac- "(v) Any legislative rule which has become actions in the district cour,ts of the United tice. final shall have prospective application only. States against persons, partnerships, or oor­ "(2) The Commission is hereby authorized "(vi) Nothing in this Act shall be deemed porations engaged in any act or practice to issue legislative rules defining with spec- to foreclose Judicial review of a legislative which is unfair or deceptive to a consumer ificity acts or practices which are unfair or rule when the Commission issues a final and is prohibited by subsection (a) (1) of deceptive to consumers and which section order based upon such rule. this section wiith aotual knowledge or knowl­ 5(a) (1) of this Act proscribes. "(3) Any person seeking judicial review of edge fairly implied on the basis of objective "(1) When issuing legislative rules the a rule may obtain such review ln the United circumstances that such act is unfair and Commission shall (a) issue an order of pro- States Court of Appeals for the District of deceptive and is prohibited by subsection posed rulemaking stating with particularity Columbia Circuit, or any circuit where such (a) (1) of this section, to obtain a civil pen­ the reason for the rule; (b) allow interested person resides or has his principal place of alty of not more than $10,000 for each such persons at least thirty days to comment on business." violaition. The Commission may compromise, the proposed rule in writing or at an agency SEC. 207. Section 9 of the Federal Trade mitigate, or settle any action for a civil hearing and make all such oomments pub- Commission Act (15 U.S.C. 49) is amended penalty if such settlement is accompanied licly available; (c) provide the Commission by- November 4, 1971 CONGRESSIONAL RECORD-SENATE 39239 (a) deleting the word "corporation" in SEPARABILITY COMMENTARY OF JOSEPH MCCAFFREY the first sentence o'f the first unnumbered SEC. 211. If any provision of this Act is Writing from Bonn in the Baltimore Sun, paragraph and inserting in lieu thereof the declared unconstitutional, or the applica­ Joseph Sterne says that the one name that word "party". bility thereof to any person or circumstance causes tempers to rise in West Germany is (b) inserting after the word "Commission" is held invalid, the constitutionality of the "Mansfield." The tempers go up twice as in the second sentence of the second un­ remainder of the Act and the applicability high if the full name is used, Mike Mans­ numbered paragraph the phrase "acting thereof to other persons and circumstances field. through any of its attorneys designated by it shall not be affected thereby. Because the Germans feel that in wanting for such purpose"; Amend the title so as to read: "A bill to to cut back United States troop strength in ( c) deleting the fourth unnumbered para­ provide disclosure standards for written con­ Europe, the Senate Majority Leader is aiming graph and inserting in lieu thereof the fol­ sumer product warranties against defect or at them. lowing: malfunction; to define Federal content Here is a nation, defeated in war twenty­ "Upon application of the Attorney Gen­ standards for such warranties; to amend the six years ago which still thinks it should be eral of the United States or the Commission, Federal Trade Commission Act in order to spoon fed by its conquerors. The money that acting through any of its attorneys desig­ improve its consumer protection activities; the United States poured into Europe to aid nated by it 'for such purpose, the district and for other purposes." in its post-World War II recovery is at the courts of the United States shall have juris­ root of the present imbalance of payments, diction to issue writs of mandamus com­ and the retention of our troops in Europe, 26 manding any person or corporation to com­ PROGRAM years after the war is over, also contributes ply with the provisions of this Act or any to that imbalance. order of the Commission made in pursuance Mr. MANSFIELD. Mr. President, there But the Germans are irked. thereof." will be no debate on this bill today, but Then, they have a right to be, because they SEC. 208. Section 10 of the Federal Trade is the Senator from Montana correct in are looking at the troops issue from a purely Commission Act (15 U.S.C. 50) is amended asking the Chair if the time has been set selfish viewpoint. by deleting the third unnumbered para­ for the Senate to convene tomorrow? If we would only look at it from our own graph and inserting in lieu thereof the fol­ The PRESIDING OFFICER. The Sen­ selfish viewpoint we'd have done long ago lowing: ator is correct. The time has been set what Senator Mansfield seeks to do. We "If any corporation required by this Act would have ended this hangover of the cold for 10 a.m. war, and saved ourselves a great deal of to file any annual or special report shall fail Mr. MANSFIELD. Fine. After the con­ to do so within the time fixed by the Com­ money. mission for filing the same, and such failure clusion of the morning business, debate Not only that, but although the Germans shall continue for thirty days after notice will start on this measure, to be led off resent that fact that Mansfield and others in of such default, the corporation shall forfeit by the distinguished Senator from Wash­ this country want to bring the troops home, to the United States the sum of $100 for each ington (Mr. MAGNUSON). I do not know the troops themselves aren't treated with any and every day of the continuance of such just how far we will get along with this great courtesy by the West Germans--in failure, which forfeiture shall be payable in­ bill tomorrow, but at least we will get many cases they are viewed with dli:idain. The to the Treasury of the United States and troops themselves are being victimized by started, and if we do not finish the bill dope, by racial friction and other headaches shall be recoverable in a civil suit brought tomorrow-we will not meet Saturday­ by the United States or by the Commission, which can only be resolved by getting them acting through any of its attorneys desig­ hopefully we will finish it on Monday. out 9f Europe. It is too bad Bonn resents the nated by it for such purpose, in the district Again, to call this fact to the attention Mansfield move, but it is inevitable, and it is where the corporation has its principal office of the Senate, on Tuesday the leadership in our best interests. Americans should, after or in any district in which it shall do busi­ has requested, and the Senate has all, determine their own foreign policy. ness." granted, its proposal that the Okinawa SEC. 209. Section 12 of the Federal Trade treaty be laid before the Senate and [From the Philadelphia Inquirer, Oct. 14, Trade Commission Act (15 U.S.C. 52) is made the pending business at the con­ 1971) amended by striking out the words "in com­ clusion of the morning business. Is that NATO ALLIES DIFFER-EXCEPT ON U.S. FORCE merce" wherever they appear and inserting correct? (By Charles Bartlett) in lieu thereof "in or having an effect upon The PRESIDING OFFICER. The Sen­ WASHINGTON.-Despite the smell of detente commerce." in the air, faint optimism attends the SEC. 210. Section 13 of the Federal Trade ator is correct. Mr. MANSFIELD. We hope to make coming explorations to learn if there is a Commission Act (15 U.S.C. 53) is amended practical way to cut back, on a mutual basis, by redesignating "(b) " as " ( c)" and insert­ some other requests as time goes on, but the level of military forces in Europe. ing the following new subsection: emphasize the fact that, as far as the The massive deployments of NATO and "{b) Whenever the Commission has reason joint leadership is concerned, we are the Warsaw Pact have been balanced against to believe- making a very serious effort to try to each other, like huge boulders, for so long "(!) that any person, partnership, or cor­ finish the work of the Senate and to that all the inertia of habit and the status poration is engaged in, or is about to engage adjourn sine die around December 1 at quo works against efforts to pry them apart in, any act or practice which is unfair or de­ the latest. Whether or not we will suc­ and chisel them down to a more comfortable ceptive to a consumer, and is prohibited by ceed will not depend upon the joint lead­ size. section 5, and NATO has learned its own divergences from "(2) that the enjoining thereof pending ership, but will depend on the Senate col­ its attempts to instruct Manlio Brosio, the the issuance of a complaint by the Commis­ lectively and Senators individually. Italian diplomat coi:nmissioned to explore sion under section 5, and until such com­ Mr. President, I suggest the absence Communist attitudes on mutual troop reduc­ plaint is dismissed by the Commission or set of a quorum. tion. The consensus is so splintered and aside by the court on review, or the order of The PRESIDING OFFICER. The clerk Brosio's instructions are so generalized that the Commission made thereon has become will call the roll. there is little substance in the negotiating final within the meaning of section 5, would The second assistant legislative clerk package which he will carry to the Com­ be to the interest of the public- munist capitals. the Commission by any of its attorneys des­ proceeded to call the roll. Each ally looks at the problem in a differ­ ignated by it for such purpose may bring Mr. MANSFIELD. Mr. President, I ask ent light. The Nixon Administration needs suit in a district court of the United States unanimous consent that the order for the the MBFR (Mutual Balanced Force Reduc­ to enjoin any such act or practice. Upon a quorum call be rescinded. tions) negotiations to meet the pressures at proper showing, and after notice to the de­ The PRESIDING OFFICER. Without home to decrease the 310,000 American troops fendant, a temporary restraining order or a objection, it is so ordered. committed to Europe. preliminary injunction may be granted with­ It seems important in Washington to hold out bond under the same conditions and these negotiations ahead of a European principles as injunctive relief against con­ THE UNITED STATES AND NATO: security conference which might be a Pan­ duct or threatened conduct that will cause TROOP REDUCTION-XII dora's- box, deepening the detente in illusive loss or damage is granted by courts of ways and softening the Allies' will to hold equity: Provided, however, That if a com­ Mr. MANSFIELD. Mr. President, I ask together. plaint under section 5 is not filed within unanimous consent to have printed in But the Europeans want the reassurance of such period as may be specified by the court the RECORD set No. XII of the commen­ a deeper detente before they sanction mass after the issuance of the temporary restrain­ taries, columns, articles, and editorials departures by the troops which are their ing order or preliminary injunction, the hostage against Washington's pledge to react order or injunction shall be dissolved by the relative to the U.S. troop position in Eu­ to Soviet aggression. The Italians, for ex­ court and be of no further force and effect. rope in relation to NATO. ample, are ready to negotiate but not for Any such suit shall be brought in the dis­ There being no objection, the material reductions in their sector of the defense trict in which such person, partnership, or was ordered to be printed in the RECORD, line. corporation resides or transacts business." as follows: The reluctance of the British and Germans 39240 CONGRESSIONAL RECORD - SENATE November 4, 1971 is exceeded by the French who appear, in an ment would be hard pressed to win Bunde­ Indeed, the new secretary general went ironic twist of policy, most adamant of all stag approval of the friendship pacts with­ farther. He said every one of the 14 nations against steps which may take American out prior agreement on Berlin. Any delay on participating in the endeavor (all NATO soldiers out of Europe. Their attitude belies consummating the Berlin agreement also members except France were "positive," their uncooperative past. Even now they re­ would delray something Moscow wants very even "enthusiastic" about it. fuse to discuss claims from some $800 mil­ much, a European Security Conference. The secretary general, who was meeting lions to cover the costs of evacuating NATO NATO has made the Berlin agreement a pre­ the press for the first time in his present job, from French soil. requistte for a conference. The delay also is widely liked by newsmen and no one But French adamance flows logically from could affect troop-cut talks. pressed the point. But few of those who have French aims. They want maximum defense at Uncertainty about Soviet intentions makes watched the force-reduction process develop minimum cost. They like American soldiers all the more important Brooio's Moscow trip. had much faith in the "enthusiasm" Mr. in Germany as a bumper against the West Luns described. Germany Army. [From the Baltimore Sun, Oct. 10, 1971) In a sense, it hardly matters, for force re­ Brosio may find the Communists more uni­ NATO EXPLORER ductions are a NATO-originated proposal and fied. Certainly the Soviets are pressed to The North Atlantic Treaty Organization is the alliance now finds itself stuck with its bring home manpower to perform city-build­ sending its formei;- secretary general, Manlio good intentions of three years ago. It would ing chores that are urgent. They require Brosio, to Moscow to explore the possibilities hardly be "becoming," as a British source stabllity on their Western Front to deal with of troop reductions in Centr,al Europe by the here said recently, to step back from the an uncertain future on the Chinese border. NATO and Warsaw Pact countries. Even in initiative which first appeared in the final They desperately need to enlarge their access its exploratory state, this is a step toward communique issued by NATO foreign minis­ to trade, credits, and licenses from the West ters at Reykjavik, Iceland, in June, 1968, and Their satellites will not obstruct the with­ the mutual force reductions which both sides have been talking about for some time. Mr. repeated in every communique since-£im­ drawal of Russian divisions. Brosio's assignment is to try to find out ply because the "other side" shows signs of There is a rough balance in the opposing taking it seriously. military deployments in Europe. But time whether there is a real basis for East-West negoti,ations--in short, to discuss the posi­ For a long time, it looked as if the Rus­ is working for the Communists. They can sians and their Warsaw Pact allies would let wait for Western unity to erode under bal­ tion of the Soviet Union and its Warsaw Pact affiliates in relation to that of the NATO the suggestion lie limply on the tables des­ ance of payments antagonisms, the reluc­ tined for oblivion. Then, however, as the tance by Europeans to sacrifice more heavily members--ruid to report back in time for the annual meeting of NATO foreign and de­ detente tide swelled, as progress was made to­ for defense, and the impatience of Ameri­ ward a Berlin settlement, as German Chan­ cans with their share of the burden. fense ministers in December. Fourteen of the NATO members approved cellor Willy Brandt vigorously pushed his But even if Brosio finds that the Soviets Eastern policy and the strategic-arms limi­ would rather talk than wait, the road to the mission. The 15th, France, takes excep­ tion to bloc to bloc negotiations of this tation talks showed promise, the force-re­ mutual reductions will be lengthy. duction proposal took on new plausibility. Sen. Mike Mansfield may be accurate in kind as an infringement on its sovereignty. his gloomy prediction that it can take a As Scott Sullivan reports in a dispatch from TAKEN BY SURPRISE lifetime to negotiate any sizable withdrawal Brussels, the Scandinavian NATO powers are Still, Leonid Brezhnev, the Soviet Commu­ of American troops. He at lea.st does not in­ uneasy about possible reductions in the nist party secretary, took most of the West tend to be diverted from leading the Con­ northern wing of NATO and Italy, Greece and by surprise when, at a speech in Tifi1s, Rus­ gressional push for a unilateral American Turkey want no reductions in the Mediter­ ranean wing, but there was an agreement sia, May 14, he invited the West to "taste cutback. that Central Europe could be dealt with first. the wine" of Russian intentions on force re­ The negotiations will temporarily help the ductions. Significantly, Mr. Brezhnev did not President to resist these pressures. But he A difference of opinion exists as to a confer­ ence on European security as especially urged use the key word "balance." Even so, the in­ may soon need a tangible answer to the vitation was clear, and the West could not dilemma. posed by Allies not frightened by the Warsaw Pact countries and a confer­ ence on mutual force reductions as between "becomingly" ignore it. enough to take up the slack or secure enough At their Lisbon meeting in June, the NATO to ignore the defense of Europe. the NATO and Warsaw Pact members, or whether the two should be merged. The foreign ministers pledged to seek out Soviet and Warsaw Pact contacts over the summer [From the Los Angeles Times, Oct. 11, 1971] United States would like to keep them sep­ ar_ate, but Britain and France prefer that in an attempt to determine whether Mr. TIPTOEING TOWARD A CONFERENCE the two sets of negotiations be conducted at Brezhnev meant business. In Lisbon, a high The Atlantic allies, still more or less in the same time. United States source pointed out to newsmen step, have now cleared the way for negoti­ In any case, the exploration in Moscow of that the job of probing Soviet intentions was ations with the Soviet Union on the mutual mutual troop reductions is a piece in the always a hard one, but that "when the Rus­ and balanced reduction of forces in Europe. changing pattern of East-West relations, a sians want to go ahead, they do stop the Nothing could be more important in sus­ pattern of East-West relations, a pattern monkey business and the propaganda and get taining the momentum toward a more secure which includes the SALT taiks between the down to cases." Europe. But few things are more vulnerable United States and the Soviet Union, the Ber­ The deputy foreign ministers who met here to political pressures, notably the dove-hawk lin agreement of the four powers and the last week had before them results of the conflicts of both Moscow and Washington. continuing talks on Berlin between East and many bilateral conversations held with the Ma.nllo Brosio, who learned his way around West Germany and the developing relations soviets and their allies this summer. Based the Soviet capital while Italian ambassador between East and West Germany and also on those conversations, they decided Mr. there in the Stalin era, ls going to Moscow between west Germany and the Soviet Union. Brosio would be received in Moscow and to see if the Russians are serious. He is well The importance of these stirrings as to would have something to talk about. qualified for the job. For seven years he was world peace and defense costs is evident. The NATO, always excepting France, has ap­ secretary-general of NATO. Before that, he possible benefits are so great that serious, proved the project, but that does not imply was Italy's ambassador to Washington and persiStent efforts to bring them about are that it suits all members to the same de­ knows something of the curious currents indicated. This is not a soft-headed enter­ gree or any member entirely. that operate there. prise, and it cannot be based on wishful Objections to the whole force-reduction His mission is part of a carefully articu­ thinking. There is a solid ground of mutual idea come from the Portuguese, Turks and lated strategy that the Atlantic allies have interest in all this. The task is to locate it Greeks, always the most vocal conservatives been following. The unanimity of NATO in and define it precisely. in NATO councils. Each of those countries sending Brosio on his mission, however, con­ has an unusually large standing army and ceals some differences of view not only about [From the Baltimore Sun, Oct. 10, 1971] an unusually heavy interest in keeping it the timetable for troop reduction talks, but large. Each has objected to any force-reduc­ NATO BITES AT THE SOVIET BITE AT THE tion plan which would involve a significant also the whole question of the desirability NATO SUGGESTION of more detente action now, while the Euro­ decrease in its individual forces. Italy has a peans are awaiting Britain's final step into (By Scott Sullivan) similar position and so, oddly enough, does the Common Market and trying to ca.tch a BaussELs.-"I have read in the press that Norway-usually among the most liberal deep breath after the shock of President we are going to Moscow like a virgin going NATO states. The Italians say they will op­ Nixon's monetary and trade actions of to be violated," Joseph Luns, the jocular, pose any force-reduction plan which imperils August. new secretary of the North Atlantic Treaty NATO security in the Mediterranean, while The Soviet Union might have been hav­ Organization told newsmen here Wednesday the Norwegians emphasize the need to main· ing some second thoughts which could up­ night. Then he beamed his well-known beam tain the alliance's "northern wing." set the timetable anyway. Soviet Foreign and added: "I assure you, gentlemen, we do Bowing to such objections, the 14-nation Minister Andrei Gromyko caused a stir in not see it that way." group has decided that initial conversations, New York by telling Western foreign minis­ Mr. Luns was talking about the NATO de­ if they occur, should concentrate on central ters that he sees a link between final agree­ cision to send Manlio Brosio, his recently Europe. That geographical concept remains, ment on the Big Four Berlin accord and West retired predecessor, on an exploratory mis­ however, undefined. Clearly, it includes Ger­ German ratification of new friendship treaties sion to determine the soviet Union's real in­ many, East and West, but does it also in­ with Poland and the Soviet Union. Gromyko terest in talking about "mutual and bal· clude Belgium and the Netherlands? Time, must know that the West German govern- anced" force reductions in central Europe. presumably, will tell. November 4, 1971 CONGRESSIONAL RECORD-SENATE 39241 No nation, of course, is wild about the idea Both France and Britain feel otherwise. On the other hand, Russia could be the of having its force levels reduced in the in­ The French are especially interested in pro­ coolest of the Communist powers toward terest of someone else's detente. A French moting the security conference and they troop talks. Why should the Soviet Union, official, explaining why his country would might even be persuaded to get into eventual NATO diplomats ask, pay a price to get remain aloof, said: ''We don't want to have force-reduction discussions if they were con­ American forces out of Europe when by wait­ an Italian in Moscow bargaining for reduc­ ducted by a "permanent subcommittee of ing it may get that benefit free? tion of French troops in Germany." While no the security conference." Once again, Amer­ Despite such nagging questions and doubts other nation's objections are quite that ican officials are playing Lt low key in Brus­ a.bout Moscow's ultimate intentions, we think strong, the feeling is general. sels, suggesting that the allies wait to see one thing is clear: Central Europe will be a. Thus Mr. Brosio's "mandate" includes the what Mr. Brosio brings back, in hopes that safer place if troops are thinned out than if suggestion that talks begin with "stationed" preparations for force-reduction talks will large Soviet and American armies continue or foreign troops, while the problem of "in­ simply outstrip those for the security con­ to confront ea.ch other there. And so, what we digenous" or local troops be left till later. ference. wish Mr. Brosio on his detour from well­ Thus, too, foreseeable discussions will cen­ MANSFIELD IS THE REASON deserved retirement is success and good ex­ ter on the 300,000 American troops com­ For the American administration has one ploring. mitted to NATO and the estimated 1,600,000 compelling reason for wanting force-reduc­ Russian troops deployed in Eastern Europe. tion talks, if they come at all, to come [From the Washington Star, Oct. 11, 1971) FIGURES TELL A TALE quickly. The name of that reason is Senator THE BROSIO MISSION Those figures, in themselves, tell a tale. Mike Mansfield (D., Mont.), the Senate Back in May, Leonid Brezhnev issued an They explain a number of the problems majority leader. invitation--challenge might be a more ac­ which the alliance generally, and the United It is the obvious administration hope that curate word-to NATO. Let's get together, he States in particular, foresee if force reduc­ steps toward force reductions may take the said, and talk over the possibility of cutting tions ever develop. For it is the overwhelming steam out of Mr. Mansfield's campaign to back on the size of the forces that now face number of Soviet troops on the Continent reduce U.S. forces in Europe without com­ each other in Eastern Europe. Now, after which NATO regards as the greatest threat pensation. (Indeed, some officials confess to nearly five mnoths of frenetic intramural dis­ amazement at the Brezhnev initiat ive last cussion, NATO has come back with a tenta­ to its security, while the Russians, for equally spring: "Why should they trade away their good and obvious reasons, wish to see sig­ tive acceptance. own troops when we will be getting out any­ The West's caution and concern a.re fully nificant reductions in the sizable NATO way?") The Mansfield pressure is also one forces. justified. In any discusion between NATO reason why the U.S. and its allies may and the Warsaw pact countries on mutual From the beginning, NATO has insisted quietly drop or de-emphasize the "balance" that force reductions, if they ever come, troop reductions, the cards are heavily should be "balanced" as well as mutual. idea in force reductions in an attempt to get stacked in favor of the East. While the balance concept has never been some sort of quid pro quo out of the Rus­ The Communist advantage lies in the fact precisely defined, it centers on the idea that sians. that the Warsaw nations speak with one withdrawing one American soldier across the Meanwhile, NATO has about seven weeks voice-Moscow's--while NATO's bargaining to wait to hear what ,the prospects are for Atlantic is of more consequence than with­ position must be determined by the consen­ drawing one Russian soldier a few hundred force reductions-the proposal which, to its sus of 15 partners, each of whom views the miles across an artificial border. NATO the­ astonishment and mild dismay, was finally world in a unique and independent orists, as well as Pentagon experts, have taken seriously. perspective. worked out hundreds of formulas for achiev­ There should be no illusions at all as Man1io ing balance (two Russians for one American [From the Washington News, Oct. 11, 1971) Brosio, the former NATO secretary general, would be a crude, but conceivable, formula) SIGNOR BROSIO GOES EAST starts his mission to Moscow. His is an ex­ and they are all under consideration at The world "explorer" used to bring visions ploratory mission, aimed at finding out what NATO. There is no indication, however, that of a fearless chap in some jungle wearing a substantive areas the Soviets a.re willing to the Russians or their allies would accept pith helmet and Bermuda. shorts. Times discuss in time to report back to the NATO anything other than a "symmetrical" ( one­ change. The moot important explorer at large foreign ministers before their scheduled De­ for-one) stand-down. today is an elderly Italian diplomat with a cember meeting. A similar problem would arise if the Com­ homburg and a briefcase. It must be clearly understood by every munist nations insisted on including tactical He is Ma.nlio Brosio, who has just retired NATO member that Moscow can, if it so nuclear weapons under the heading "forces," after seven yea.rs as sem-eitary general of chooses, use troop reduction negotiations as as they hinted they would do last spring. NATO. Instead of letting him relax in a. a divisive weapon. The Soviets can, quite It is NATO policy that all nuclear weapons sunny cafe in Rome, his heartless colleagues easily, exploit the ill-concealed differences should be considered in the SALT talk frame­ in the alliance have named him their explorer of opinion that exist between the NATO part­ work, but Russian pressure could conceivably in Communist Eastern Europe. ners as to the proper location, timing and b ring a shift even in that view. Mr. Brosio's task is to probe the Soviet extent of the initial troop reductions. American thinking on the force-reduction Union and the other W:arsaw Pact powers to But the fact that the negotiations will be proposals is heavily affected by concern with learn if they a.re serious about a conference difficult and that the odds are somewhat how it might fit into the whole range of dis­ with the West Jn mutual reduction of troops weighted in Moscow's favor cannot be taken cussions between the power blocs-not only in Europe. NATO proposed such talks three as cause for turning down the Soviet invita­ SALT, but more urgently the projected Euro­ years ago and the Kremlin has shown on­ tion. Brosio should go on his exploratory mis­ pean security conference. and-off interest, mostly off. sion. Given any encouragement, NATO should The Warsaw Pact has been pushing the The Nixon administration is NATO's prime agree to substantive negotiations. conference just about as hard and just about mover for a troop-cut conference. It is in an The built-in advantage that Moscow holds as long as NATO has been proposing force undeclared race-to reach an agreement with will not disappear with time. It is a challenge reductions. Now, under the detente impulse the Russians before Senate Democratic that will have to be met and overcome if it is beginning to look as if both ideas may leader Mike Mansfield forces a one-sided re­ the armed confrontation in Europe is ever to become a reality and pressure is building duction of the 310,000 U.S. troops assigned to be ended. Negotiations can be dangerous. But both inside and outside the alliance to han­ NATO with one of his perennial resolutions. there ls no doubt at all about the dangers of dle the issues together. The administration again has promised the opposing armies facing one another across The U.S. opposes such a link-though, allies not to trim American units in Europe the ideological curtain that divides East from again, its position is showing more flexibility. "unless there is reciprocal action by the other West. For American officials have · always regarded side." Nevertheless, NATO members detect the Communist-backed security conference antimilitary and isolationist moods in the [From the Missoulian, Oct. 7, 1971] as a device for the Communists to consoli­ United Staites and are frankly worried. With FOREIGN SERVICE OFFICER VIEWS U.S. ROLE good reason, we think. date gains which they made in Eastern Eu­ IN EUROPE rope at the close of World War II. American Britain, West Germany and some other strategy has been not to oppose the con­ NATO countries fear that allied troop cuts ( By Sharon Barrett) ference openly, but to treat it with polite would upset the balance of power in Europe. Reducing the number of U.S. troops sta­ condescension in hopes that it would simply They point out that NATO has reduced its tioned in Europe "would pull the rug out wither from neglect. forces in recelllt years while the Warsaw Pa.cit from under our efforts to negotiate with the That strategy worked well for two years. has built up strength. Even mutual reduc­ Russians," said Ha.Ivor 0. Ekern, senior For­ Now it seems inadequate. NATO itself is tions, these countries say, would leave the eign Service officer of the American Embassy on record as willing to proceed to such a West inferior in troops, tanks and aircraft. in Bonn, Germany. conference as soon as a Berlin settlement is Mr. Brooio may find the most desire for a Ekern, political adviser to the commander­ reached, an eventuality that ls probably only conference in Poland, Czechoslovakia and in-chiet of United States Army Europe, told a few mont hs away. Hungary. Altho Communist ruled, these the Missoulian he strongly disagrees with Now the U.S. argument is that force re­ countries do noit rea.lly fear an attack by Sen. Mike Mansfield's call for troop reduc­ ductions 1s much farther along than the NATO a.nd would welcome an agreement re­ tions in Europe. security conference and should be dealt with quiring some Soviet a.rmy units to quit their "I have deep regard for Sen. Mansfield," on its own. territories and go home. said Ekern, "but our clout at the negotiating 39242 CONGRESSIONAL RECORD - SENATE November 4, 1971 table is directly related to the number of the financial burden. All these things add to not carrying out improvements they pledged soldiers we have in Europe." the drain on U.S. balance of payments. to make in their own armed forces. Recalling President Nixon's desire to go Nevertheless, Ekern believes it is a neces­ Laird, who leaves Sunday for a two-day from "an era of confrontation to an era of sary expense. "It's simply our burden. We're NATO meeting in Brussels, declined to iden­ negotiation,'' Ekern cited the recent Berlin there to defend the United States, not just tify the countries of which he was speaking, agreement as a first step toward achieving Germany, and it's easier to do that there but other Pentagon officials said the situa­ that goal in Europe. than alone on the Atlantic seaboard.'' tion prevails in virtually all the member na­ "I can tell you that was a tough one to Because Germany furnishes barracks and tions. negotiate,'' he said. "But it should defuse training fields free of charge, bringing Amer­ The defense chief, appearing at an im­ the whole Berlin business." ican troops home would increase the cost, not promptu Pentagon press conference, claimed "Of course, it's just a piece of paper,'' he lower it, said Ekern. that the failure of individual NATO allies to cautioned. If the troops were brought home and dis­ live up to their promises to improve their A second step will be mutual and balanced banded "the cost would lessen, of course, but own defenses could weaken-perhaps more force reductions. "We'll get together with the then we'd be a second rate power," Ekern than any other factor-the allied negotiat­ Russians and thin forces on each side of the said. ing position at the Mutual Balanced Force Iron Curtain," Ekern said. Some people think we carry this burden Reduction talks, which a.re expected to st art A third step, favored by Warsaw Pact coun­ alone, said Ekem. "Our a.llies in NATO spend sometime next year. tries, will be a. conference on European secu­ $24 billion a year, so they aren't freeloading. Laird seemed particularly concerned about rity. "NATO nations have agreed to this, pro­ "In 25 years it's conceivable to have a bolstering defenses in those countries on vided Berlin is settled," Ekern said. European force with adequate nuclear power NATO's northern and southern flanks, where Subscribing to a "speak-softly-but-carry­ which could stand alone. Then we could go Soviet air and naval strength is increasing. .a-big-stick" policy, Ekern is convinced that home." These areas could also become more impor­ any troop reductions would damage these As for the possibility of an all volunteer tant under any mutual troop withdrawals, steps. "If we take our troops away prema­ army, Ekern doubts the success of such a since most of the pullback, would take place turely, then there will be nothing to nego­ venture. "It would also affect our troop size in central Europe. tiate," he said. in Europe," he added. Laird said the U.S. defense posture in Eu­ "European governments, including the Commenting on the Vietnam war, Ekern rope, which had deteriorated, in recent years French, want us to stay there,'' said Ekern. noted that it is not popular in Europe, "but as men and equipment were siphoned off "You see, we have the nuclear weapons, and we've had a gentleman's agreement with the for Vietnam, has now been built up to the if we went home, we'd take the nuclear weap­ last three German governments that they be point where U.S. ground forces have 99.2 ons with us." polite and not mention the subject.'' per cent of their authorized manpower, the Ekern said the U.S. was against France's Ekern sees the Asian war as a "good train­ highest level in five years. development of its own nuclear defense sys­ ing ground for professional soldiers." Laird said the United States is also im­ tem "because we did not want a prolifera­ "The Russian don't have this going for proving its air and naval strength in t he tion of nuclear weapons." them; they have only old World War II com­ area. The Navy has added a helicopter car­ "We also didn't want to get dragged into a bat men who are rapidly dying off. Vietnam rier to the Sixth Fleet and the Air Force nuclear war by someone else," he said. "In has made ours a better Army," he said. and Navy a.re known to be adding new types the past, the president of the United States He noted also that the recent thaw between of electronic warfare equipment to their was the only person in the West who had Washington and Peking has had no notice­ planes. control over 'the button.' Now we have some­ able effect in Europe on the military posture The defense chief also disclosed that he one not under the president's control." of the Russians. "It (US-China relations) will be leaving for Europe a day early to However, since the French are near nuclear could make them tougher; it could make meet in Brussels with Willia,m J. Porter, the capability, Ekern believes their possession of them more conciliatory. Nobody knows." new U.S. ambassador to the Paris peace talks nuclear weapons may be a good thing. "Since Concerning German reunification, Ekern on Vietnam. it's a fact, we can rationalize it for the best. said, "It seems to be more distant than ever. Laird's volunteering of this information, It might have the effect of increasing the The fact of two Germanys is pretty well ac­ plus his explanation that he wanted to dis­ deterrent." cepted by most of the world." cuss with Porter the issue of American pris­ It will make Russian uncertain not only of As for the divided city of Berlin, Ekern oners of war and men missing in action, how the U.S. might react to provocation, but believes it will survive. "The Berliners are a prompted reporters to press Laiird several how another country with independent tough bunch. They're trying to make the times on whether some new progress was policies might behave, said Ekern. "It will city a convention site. I don't think it will being made on prisoner release. give the Russians two countries to second go down the drain." guess.'' Ekern described his own job as that of a Laird ducked any direct answer, stressing generalist. Junior and middle grade officers that the U.S. was "pursuing all private and Although the French several years ago public avenues" to try and win release o! withdraw from the military structure of are concerned with special areas, such as politics, economics, administration, con­ the men, but that he did "not want to raise NATO, "they still plan quietly with us in any false hopes" among the families of the the military sphere and maintain two divi­ sulates. Senior officers, such as Ekern, are men missing pr captured. He said that some sions in Germany and three across the expected to be versed in many areas. From their ranks come ambassadors. of the means for pursuing this issue a.re border", Ekern said. "just better not to discuss" publicly. The only real difference, said Ekern, is the On the possibility of becoming an ambas­ French now have the proviso that the deci­ sador, Ekern noted that "few are chosen, but Laird is scheduled to return from Brus­ sion to go to war rests with their government one can always hope." sels after the NATO Nuclear Planning Group and not NATO. A native of Thompson Falls and a UM meeting next Friday, and he leaves for a trip Questioned about Germany's participation graduate, Ekern left Montana in 1941. "We to Vietnam Nov. 3. in armament development, Ekern countered all marched off in the Army, and I really At the NATO meeting, Laird says that he with, "Would you want Germany to have never came back," he said. He left the Army and West German Defense Minister Helmut nuclear weapons?" in 1947, bearing the rank of colonel, and in Schmidt will present a joint paper dealing "Neither the Allies nor the Warsaw Pact 1950, joined the Foreign Service. with the question of tactical nuclear weapons countries want the German army to get Ekern considers his military experience in Europe. bigger," said Ekern. "They all remember too valuable to his present work. "One of the Laird stressed, however, that it would be well the Germany of the past.'' number one tasks is to eliminate the friction "misleading" to infer from this that t here "I'm convinced," he continued, "the Rus­ between diplomatic missions and military will be any reduction in the U.S. nuclear sians would be scared to death of German establishments," he said. stockpile in Europe "at this time." nuclear power, and their fright could have "It's easy for generals to speak of the Informed government officials say that serious repercussions." striped pants nincompoops in embassies, and there is, in fact, no plan to reduce the st ock­ All this, said Ekern, leads to the conclusion for ambassadors to accuse the Army of know­ pile of about 7,000 tactical nuclear warheads that "there's no one to take our place if we ing nothing.'' stored in Europe_. pull our troops out of Europe." Ekern, who has lived abroad for nearly 20 The U.S. maintains four and one-third years, believes the U.S. has thrown off the [From the New York Times, Oct. 28, 1971] divisions in Germany and ls prepared to Ugly American image. "We've sort of realized CUT IN U.S. TROOPS EXPECTED IN NATO­ equip two and two-thirds more within 60 that we're not going to police the world and DELEGATES TO BRUSSELS TALKS DISCUSS days for a total of seven divisions in Europe. create other countries in our image.'' "Considering the cost of supplies, small am­ OTHER DEFENSE munition and housing it runs about $2 (By Lawrence Fellows) LAIRD SCOLDS NATO NATIONS FOR NOT BUILD­ billion a year to keep the Army in Germany," BRUSSELS.-Tb.e United States allies in ING DEFENSES said Ekern, "and another billion to maintain Europe seem reconciled to an eventual sub­ the Navy and Air Force." (By Micha-el Getler) stantial reduction in the size of the American These figures do not, however, include the Secretary of Defense Melvin R . Laird yes­ military force in Europe, judging from pri­ cost of heavy equipment such as tanks. In terday chided some NATO countries for using vate ~iscussions here among defense ministers addition, Ekern noted the current money the prospect of mutual East-West troop re­ and nuclear planning experts of seven NATO crisis and German inflation have increased duction talks in Europe "as an excuse" for countries. November 4, 1971 CONGRESSIONAL RECORD - SENATE 39243 The United States now has 310,000 men in "Far too low," was the response of one preliminary offer despite the fact that nego­ Europe and the Mediterranean, a near­ American informant. tiations have been going on since early in complete fulfillment of its commitment to "To say the Americans thought it was a the year. the North Atlantic Treaty Organization. 'tough' offer is to put it midly," a West Ger­ During the weekend after last Friday's At a closed meeting of the NATO nuclear man source remarked. Cabinet decision, both Mr. Schmidt and Mr. planning group yesterday and today, Defense west Germany's latest offset package-­ Scheel ma.de statements that apparently re­ Secretary Melvin R. Laird spoke of a need unanimously approved last Friday by the flected contrasting approaches toward the for the allies all to meet their troop commit­ Cabinet--goes beyond the novel approach of U.S. ments fully, especially in the light of negotia­ having Bonn spend cash to improve the old Mr. Schmidt told a meeting in Kiel that it tions toward controlling strategic weapons, barracks that lower 7th Army morale. was difficult for a Cabinet minister to indi­ reducing troop levels and the like. It also includes a modification (and proba­ cate the dangers to Germany of Washington's The Secretary repeated President Nixon's bly a lowering) of previous German offers to change of role in world politics. pledge not to reduce the size of the American buy American-made military equipment and WARNS OF ELECTION force in Europe in his present term of office. provide loans at low, concessionary rates of According to a Frankfurter Allegemeine MANSFIELD MOVE RECALLED interest. Zietung report Mr. Schlnidt said the readi­ Because of the across-the-board changes Mr. Laird recalled for his NATO colleagues ness for disengagement from world politics Sena.tor Mike Mansfield's unsuccessful Sen­ involved, some officials tend to believe there is growing in the United States. While he ate attempt to reduce the number of Ameri­ still is a long way to go before agreement is had doubts about the Nixon administration's can troops in Europe. Congress appears now reached with Washington. Others are more assurances that it wants to continue its role to be fairly solidly behind the programs of hopeful. in Europe, Mr. Schmidt noted there will be the American military establishment, the Por more than a decade, west Germany has American elections next year at a time when Secretary said. been purchasing U.S. equipment--especially not just single senators but many senators Yet he and the defense chiefs of Brita.in, jet aircraft--and granting loans to ease the favor a reduction of the American presence West Germany, Belgium, Italy, Denmark and balance-of-payments costs to the U.S. Treas­ in Europe. Greece discussed an alternative to a heavy ury caused by the maintenance of 200,000 Mr. Scheel told the London Times in a concentration of troops and conventional troops and tens of thousands of dependents in weekend interview that Western Europeans weapons on the ground; several new plans Germany. must be sensitive to the concerns of the for the use of tactical nuclear weapons. The last two-year offset agreement, totaling United States over the expansion of the Com­ Mr. Laird and Defense Minister Helmut $1,520,000,000, expired June 30. Negotiating mon Market. Schmidt of West Germany presented a joint teams from both governments met in Bonn "There might otherwise be a real danger," !report today discussing circumstances in just before this deadline and agreed to recon­ he warned, "that the United States might which nuclear weapons might be used tacti­ vene "shortly" in Washington for what was deny this emergent Europe the measure of cally to defend a NATO country. then described as a final bargaining session. support and commitment which it needs to One delegate, who did not want to be iden­ But against a background of world mone­ continue its efforts for unification and to tified, said that the general expectation of a tary crisis and high-level reviews, there were mainain security." diminished American presence had made repeated postponements-the latest overtak­ Mr. Scheel specifically mentioned U.S. con­ some of the delegates feel like men trying to ing an official Bonn anouncement of an Octo­ cerns over "the division of the burdens of stay astride two horses: one galloping toward ber session that never took place. defense" among NATO countries. detente with the Soviet bloc, and the other According to reliable informants, the west holding to the familiar position of bolstering German defense minister, Helmut Schmidt, Mr. MANSFIELD. Mr. President, I sug­ defenses. has played a role in this process that has gest the absence of a quorum. policy implications far beyond the money EVOLUTION SINCE 1949 The PRESIDING OFFICER. The clerk haggling characteristic of cost-offset negotia- The same delegate noted how different will call the roll. tions. things were in 1949 when NATO was At a Cabinet session in early October, he The second assistant legislative clerk founded: non-Communist regimes were reportedly expressed growing doubts about proceeded to call the roll. being toppled with the Russians making al­ the durability of the American commitment Mr. BYRD of West Virginia. Mr. Pres­ most no effort to conceal involvement or fre­ to Europe and urged his government to take ident, I ask unanimous consent that the quent interference by their troops. a hard line in bargaining with the Ameri­ A generation has grown up that does not order for the quorum call be rescinded. remember those circumstances, he said. Some cans. The PRESIDING OFFICER. Without A short time later, Mr. Schmidt suggested objection, it is so ordered. NATO governments ·are consequently feeling in Berlin that perhaps the whole offset prob­ pressure from their young people, he said, lem should be delayed until the monetary and are worried about la.ck of support by the situation is resolved-an idea that was later TRANSACTION OF ROUTINE MORN­ young. disputed by Bonn government spokesmen. Defense Minister Schmidt, known to ING BUSINESS With Walter Scheel, the foreign minister, worry a.bout potential pressures for neutral­ Mr. ism in West Germany, proposed to Mr. Laird reportedly cautioning against an approach Mr. BYRD of West Virginia. Pres­ today that Bonn contribute a large amount to that would damage the Bonn-Washington ident, I ask unanimous consent that the upkeep of American barracks in Germany. relationship, the Cabinet finally reached a there now be a resumption of the period The run-down condition of barracks of some compromise decision that is drawing mixed for the transaction of routine morning American units has contributed to sagging reactions. business for not to exceed 30 minutes, GENEROUS OFFER morale in the Seventh Army. with statements limited therein to 3 Mr. Laird welcomed the idea, although the In the Bonn view, the offer to spend $120 minutes. two men did not go into detail about how million per year on barracks rehabilitation The PRESIDING OFFICER. Without big the contribution would be, nor how it is a generous one that will make living con­ would fit into the program of payments the ditions better for American soldiers and re­ objection, it is so ordered. West Germans normally make to·ward the lieve the U.S. Treasury of dollar cash out­ Mr. BYRD of West Virginia. Mr. Pres­ cost of keeping American troops there. lays that would worsen the U.S. payments ident, I suggest the absence of a quorum. deficit. The PRESIDING OFFICER. The clerk [From the Sun, Nov. 3, 1971] The new approach not only would avoid will call the roll. the "mercenary" ta.int that might have been The second assistant legislative clerk MONETARY, FOREIGN POLICY DOUBTS DELAY attached to a direct government-to-govern­ proceeded to call the roll. BONN-U.S. TALKS ment transfer of funds, according to German Mr. BYRD of West Virginia. Mr. Pres­ (By Joseph R. L. Sterne) sources, but would sidestep problems stem­ ming from currently floating exchange rates. ident, I ask unanimous consent that the BoNN.-Negotiations for a new West Ger­ order for the ctuorum call be rescinded. man-American agreement to offset costs in In addition, it would enable the Bonn gov­ keeping 200,000 U.S. servicemen in Germany, ernment to invest sizable funds in construc­ The PRESIDING OFFICER. Without already four months overdue, are threatened tion work in areas of Germany-Bavaria and objection, it is so ordered. by new delays. Ba.den-Wuerttemberg especially-where labor The primary cause for the lengthening demand is slackening. negotiation timetable is a Bonn offer to spend From the Pentagon's viewpoint, as the REVENUE ACT OF 1971-UNANI­ about $120 million a year to rehabilitate the La.ird-Froehlke statements indicated, any MOUS-CONSENT AGREEMENT dilapidated Hitler-era barracks now occupied contribution would be welcome to improve by American soldiers. the ancient plumbing, cracked plaster, poor Mr. BYRD of West Virginia. Mr. Presi­ Although Melvin R. Laird, Secretary of lighting and makesht!t sleeping arrange- dent, the distinguished majority leader Defense, and Robert G. Froehlke, Secretary of ments of U.S. barracks. has asked me to propound a unanimous­ the Army, have welcomed the German pro­ But Treasury and State Department of­ consen t request-it having been cleared posal, it has had a skeptical reception tn some ficials are expected to cast wary eyes on a with the distinguished Senator from other U.S. circles. German package that has the aspects of a Louisiana (Mr. LONG), the chairman of 39244 CONGRESSIONAL RECORD - HOUSE November 4, 1971 the Committee on Finance. and the dis­ ORDER FOR THE UNFINISHED BUSI­ lowing which there will be a period for tinguished assistant Republican leader­ NESS TO BE LAID BEFORE THE the transaction of routine morning busi­ that the Senate, on next Wednesday at SENATE TOMORROW ness of not to exceed 30 minutes, with the conclusion of routine morning busi­ statements therein limited to 3 minutes. ness, proceed to the consideration of H.R. Mr. BYRD of West Virginia. Mr. Presi­ dent, I ask unanimous consent that At the conclusion of routine morning 10947, the Revenue Act of 1971. tomorrow, at the conclusion of routine business, the Senate will resume its con­ The PRESIDING OFFICER. Is there morning business, the Chair lay before sideration of the unfinished business, S. objection? 986, a bill to provide minimum disclosure Mr. LONG. Mr. President, reserving the Senate the unfinished business, S. 986. standards for written consumer product the right to object, and I shall not ob­ The PRESIDING OFFICER. Is there warranties against defect or malfunc­ ject, I have discussed this matter with tion, et cetera. the majority leader and the majority objection to the request of the Senator whip, and I am pleased that the acting from West Virginia? The Chair hears minority leader is present at this time, none, and it is so ordered. QUORUM CALL as I believe it should be made clear that Mr. BYRD of West Virginia. Mr. Presi­ we are hopeful and we believe that we QUORUM CALL dent, I suggest the absence of a quorum. can report that measure on Tuesday. It The PRESIDING OFFICER. The clerk may be that the burden of this work may Mr. BYRD of West Virginia. Mr. Pres­ will call the roll. make it impossible for us to do that re­ ident, I suggest the absence of a quorum. The assistant legislative clerk pro­ sponsibly, as we would like to do, and we I assume and hope this will be the final ceeded to call the roll. may have to ask for modification of the quorum ooll of the day. Mr. BYRD of West Virginia. Mr. unanimous-consent agreement at a later The PRESIDING OFFICER. The clerk President, I ask unanimous consent that time. But if we can, we will meet that will call the roll. the order for the quorum call be re­ deadline. The second assistant legislative clerk scinded. The PRESIDING OFFICER. There be­ proceeded to call the roll. The PRESIDING OFFICER. Without ing no objection, it is so ordered. Mr. BYRD of West Virginia. Mr. Pres­ objection, it is so ordered. Mr. BYRD of West Virginia. Mr. Presi­ ident, I ask unanimous consent that the dent, I thank the distinguished Senator order for the quorum call be rescinded. from Louisiana. I know that when he The PRESIDING OFFICER. Without ADJOURNMENT UNTIL 10 A.M. says he is going to do everything he pos­ objection, it is so ordered. TOMORROW sibly can, he will do just that. Of course, Mr. BYRD of West Virginia. Mr. if it becomes impossible, we will face President, if there be no further busi­ up to that fact when the time comes, but ORDER FOR ADJOURNMENT FROM ness to come before the Senate, I move, we hope that the bill will be ready for TOMORROW UNTIL MONDAY NO­ in accordance with the previous order, Senate floor action the first thing next VEMBER 8, 1971, AT 11 A.M. that the Senate stand in adjournment Wednesday. Mr. BYRD of West Virginia. Mr. Pres­ until 10 a.m. tomorrow. Mr. LONG. We think we can, as of ident, with the understanding that the The motion was agreed to; and (at now. order can be changed later, I ask unan­ 12 o'clock and 55 minutes p.m.) the Sen­ Mr. BYRD of West Virginia. I thank imous consent that when the Senate ate adjourned until tomorrow, Friday, the Senator. November 5, 1971, at 10 a.m. Mr. LONG. Mr. President, will the completes it.5 business tomorrow, it stand in adjournment until 11 o'clock on Mon­ Senator yield further? day morning next. Mr. BYRD of West Virginia. I yield. The PRESIDING OFFICER. Without CONFIRMATIONS Mr. LONG. Do I understand the Sena­ objection, it is so ordered. Executive nominations confirmed by tor's request to contemplate the fact that the Senate November 4, 1971. we would have until midnight Tuesday to DIPLOMATIC AND FOREIGN SERVICE file that rePort? We might need that PROGRAM much time. The nominations beginning Raymond L. Mr. BYRD of West Virginia. Mr. Presi­ Mr. BYRD of West Virginia. Mr. Presi­ Garthoff, to be a Foreign Service officer of dent, the program for tomorrow is as class 1, a consular officer, and a secretary in dent, I will put that in the form of a the diplomatic service of the United States unanimous-consent request: That the follows: of America, and ending Mrs. Patricia D. Committee on Finance have until mid­ The Senate will convene at 10 a.m. Thurston, to be a consular officer of the night next Tuesday to file a report on After the two leaders have been recog­ United States of America, which nomina­ H.R. 10947. nized, the distinguished senior Senator tions were received by the Senate and ap­ The PRESIDING OFFICER. Without from Virginia (Mr. BYRD) will be recog­ peared in the CONGRESSIONAL RECORD on July objection, it is so ordered. nized for not to exceed 15 minutes, fol- 28, 1971.

HOUSE OF REPRESENTATIVES-Thursday, November 4, 1971

The House met at 12 o'clock noon. Rouse pledged to defend citizens at home that the Senate had passed with amend­ Rev. Charles E. Fair, pastor, Alsace and abroad. ment.5 in which the concurrence of the Lutheran Church, Reading, Pa., offered Strengthen the Congress for today's House is requested, bills of the House of the following prayer: challenges with Your word, "If God be the following titles: for us, who can be against us?" Amen. H.R. 155. An act to facllitate the trans­ This is the day which the Lord hath portation of cargo by barges specifically made; we will rejoice and be glad in it.­ designed for carriage aboard a vessel; and Psalms 118:24. THE JOURNAL H.R. 11418. An act making appropriations We rejoice, Almighty God, that You The SPEAKER. The Chair has ex­ for military construction for the Department of Defense for the fiscal year ending June 30, are here today: You see all, hear all, and amined the Journal of the last day's pro­ 1972, and for other purposes. know all. We are glad Your presence ceedings and announces to the House his makes this shrine holy ground. approval thereof. The message also announced that the We rejoice in the history and greatness Without objection, the Journal stands Senate insists upon its amendments to of America. We are glad for the fortitude approved. the bill (H.R. 11418) entitled "An act of forefathers dedicated to freedom for There was no objection. making appropriations for military con­ all people. struction for the Department of Defense We rejoice in the loyalty of today's law­ for the fiscal year ending June 30, 1972, makers dedicated to justice for everyone. MF.sSAGE FROM THE SENATE and for other purposes," requests a con­ We are glad for the miraculous collection A message from the Senate by Mr. ference with the House on the disagree­ of talent in both Congress and the White Arrington, one of its clerks announced ing votes of the two Houses thereon, and