July 14, 1975 CONGRESSIONAL RECORD-HOUSE 22687 spect to amounts produced and sold in any assure that such tax shall not exceed 75 per ing stations) directly related to the use of month in excess of the base period control centum of the net income attributed to a such pipelines, volume (in the case of a property from barrel of oil which is subject to tax deter­ "(ill) secondary or tertiary recovery of which domestic oil was produced and sold in mined by taking the net income from the oil or gas, or one or more of the months of May through property as calculated under the Internal "(iv) the acquisition of oil and gas leases December 1972). Revenue Code of 1954 computed without (other than offshore oil and gas leases) , but "(2) For the purposes of this section: allowance for depletion and intangible drill- the aggregate amount which may be taken "(A) The term 'inflation minimization tax ing costs divided by the number of barrels into account under this clause for any tax­ consonant with the purposes of this section' produced from such property which are sub­ able period shall not exceed one-third of means a tax which couples a redistribution ject to the inflation minimization tax. the aggregate Of the amounts Which may be of tax receipts mechanism with an excise tax "(C) The term 'inflation adjustment fac­ taken into account by the taxpayer under applicable to sales from a property (other tor' means an amount equal to one-half of subclauses (i), (ti), and (iii) for such than a property certified by the President as 1 per centum, in the base amount of $5.75 period. having made application of bona fide tertiary in the case of the inflation minimization "(F) The term 'tertiary recovery tech­ recovery techniques) in volume amounts tax and $7.50 in the case of the production niques' means techniques which employ greater than the production volume subject minimization tax, compounded, for each fluid, heat, 01: insert gas injection methods to a price ceiling under subsection (c) but - month occurring between the first month including miscible fluid displacement, micro­ less than the base period control volume, which begins after the date of enactment emulsion flooding, in situ combustion, cyclic equal to (i) in the first month which fol- of this section and the current month of steam injection, steam flooding, carbon lows the date of enactment of this section, production and rounded to the nearest dioxide injection, polymer flooding, caustic 90 per centum of the difference between the whole cent. injection, and other chemical flooding de­ average sales price per barrel of such do- "(D) The term 'redistribution of tax re­ signed to produce production in excess of mestic crude oil and $5.75 per barrel; and ceipts mechanism' means a mechanism which that attributable to natural or artificially (ii) in each successive month thereafter, 90 distributes in full amount the tax receipts induced water or natural gas displacement. per centum of the difference between the resulting from the inflation minimization "(e) Notwithstanding any other provision average price per barrel of sales of such tax and the production maximization tax of this section, no price ceiling shall apply domestic crude oil in such month and $5.75 making use of appropriate devices for the to any first sale by a producer of any adjusted by adding an inflation adjustment purpose of off-setting increases in energy­ first sale by a producer of any domestic factor: Provided, That provision may be related costs which devices shall distribute crude oil produced from a property which the made to take into account increases in State (i) two-thirds of such receipts to low- and President, on a property-by-property basis, severance taxes and to assure that such tax middle-income taxpayers and adult low­ upon petition or upon his own motion, shall not exceed 75 per centum of the net income nontaxpayers (other than a person certifies as having made bona fide applica­ income attributed to a barrel of oil which who is a claimed dependent of a taxpayer) tion of tertiary recovery techniques which is subject to tax determined by ta.king the in a manner weighted in favor of the lower­ application the President determines has or net income from the property as calculated income members of such group of taxpayers will significantly enhance production from under the Internal Revenue Code of 1954 and nontaxpayers; (11) one-half of such re­ such property. computed without allowance for depletion maining one-third of tax receipts to States "(f) The President shall conduct a con­ and intangible drilling costs divided by the and local governments; and (111) the remain­ tinuous study and analysis of, and report to number of barrels produced from such prop- der to corporate taxpayers (other than cor­ the Congress by December 31, 1975, and there­ erty which are subject to the inflation porate taxpayers which a.re required to pay after by December 31 of each successive year minimization tax. inflation minimization taxes). Such distribu- for a period of the next four successive years, .. (B) The term 'production maximization tion may be accomplished through means on th~ effect of such price ceillngs and taxes i;ax consonant with the purposes of this which include disbursements refundable tax on (1) economic conditions, (2) production section' means a tax which couples a re- credits, permanent reductions in tax liability, of domestic crude oil and other energy distribution of tax receipts mechanism with and adjustments to withholding; except that, sources, (3) demand for crude oil and refined an excise tax applicable to sales from any to the maximum extent practicable, benefits petroleum products and other energy sources, stripper well lease or from a property from from distributions shall be available on a (4) imports of crude oil, residual fuel oil, which domestic crude oil was not produced reasonably current basis within the taxable refined petroleum products, and other en­ and sold in one or more of the months of year. ergy sources (including the effect on balance May through December 1972 or with respect "(E) The term 'qualified investment' of payments of such imports). and (5) eco­ to amounts produced and sold in any month means for any taxable period the amount nomic efficiency. The President shall include in excess of the base period control volume paid or incurred by such producer during in any such report his views and recommen­ (in the case of a property from which do- such taxable period (with respect to areas dations respecting the continuation, with or mestic oil was produced and sold in one within the United States or a possession of without modification, of the provisions of or more of the months of May through De- the United States) for- any such price ceiling or tax. cember 1972) (other than a lease or prop- "(i) intangible drilling and development "(g) This section shall take effect on the erty certified by the President as having costs, or geological and geophysical costs, de­ first day of the first full month following made application of bona fide tertiary re- scribed in section 263(c) of the Internal Rev­ the date of enactment of this section." covery techniques) equal to (i) in the first enue Code of 1954 (as in effect for taxable H.R. 8597 month which follows the date of enactment years beginning after December 31, 1974), By Mr. VANIK: of this section, 90 per centum of the dif- "(11) the construction, reconstruction, Page 7, immediately after line 4, insert the lference between the average sales price per erection, or acquisition of the following following: "No part of any amount appro­ barrel of such domestic crude oil in that items but only if the original use of such priated by this Act shall be used by the In­ month and $7.50 per barrel; and (11) in each items begins with such producer: ternal Revenue Service to disseminate other successive month thereafter, 90 per centum "(a) depreciable assets used for- than under the provisions of section 552 or of the difference between the average sales "(1) the exploration for or the develop- 552a of title 5, or to acquire, collect, classify, price per barrel in such month and $7.50 ment or production of oil or gas (including or preserve, any information concerning the adjusted by adding an inflation adjustment development or production from oil shale). activities or beliefs of any organization, asso­ factor except that an allowance as a credit "(2) converting oil shale, coal, or liquid ciation, group, or any person who is not an against such tax, which credit may be ap- hydrocarbons into oil or gas, or officer or employee of the Internal Revenue plied to the full amount of such tax, shall "{3) refining oil or gas (but not beyond Service, except to the extent such informa­ be allowed for a qualified investment, and the primary product stage) , tion Ls acquired in the course of determining provision may be made to take into account "(b) pipelln.e for gathering or transmlt­ and collecting the taxes levied by title 26 of increases in State severance taxes and to ting oil or gas, and facilities (such as pump- the United States Code."

EXTENSIONS OF REMARKS SMALL FARM PROGRAM IN magazine details some excellent results life. The program is starting to expand MISSOURI that have been achieved by the Small into more and more counties in Missouri. Farm Development Program of the Uni­ Those of us who are concerned with versity of Missouri at Columbia, Mo. The the preservation and protection of the HON. JAMES W. SYMINGTON concept behind this program is to in­ small family farm recognize that this OF MISSOURI crease the opportunities and quality of kind of program is a step in the right IN THE HOUSE OF REPRESENTATIVES living for families living on small farms. direction. There is much more that can Monday, July 14, 1975 The initial results suggest that those and should be done. Federal farm pro­ who have been participating in this pro­ grams should be evaluated in terms of Mr. SYMINGTON. Mr. Speaker, a gram have been able to increase their their impact on family farms. Tax policy, recent article in the Catholic Rural Life in.come and improve the quality of their marketing opportunities, health pro- 22688 EXTENSIONS OF REMARKS July 14, 1975 grams-these and hundreds of other The specialists are full-time area Extension In Montana, the Dakotas, Nebraska, Federal programs are simply not doing Staff members and a group aid in develop­ and my State of Wyoming, those States all that they can to help the small fam­ ing educational programs, giving training courses and sponsoring field trips. "They are which comprise the Old West Regional ily farmer. a two-way street from us here in the Uni­ Commission, we are rapidly becoming the I feel that this article suggests a pro­ versity to the assistants and farmers out on center of attraction for energy develop­ gram that would have a great deal of the land," says Meisner. ment. The problems of development cross utility in all States-not just in Missouri. A recent research study by graduate stu­ State lines, and together we have the po­ I commend it to my colleagues who share dent Van Harrold of Agricultural Economics tential to meet the Nation's energy de­ these concerns regarding the direction under Professor Jerry West concluded: mands, and also handle the problems of American agriculture today. 1. Participants ·in the Small Farm Devel­ which accompany such development. I insert the article to be printed in the opment Program have increased size of enter­ prise, farm sales, and net farm income more Mr. Speaker, the various title V Com­ RECORD at this point: than nonparticipants. missions were created from the idea em­ SMALL FARM PROGRAM SHOWS Goon RESULTS 2. Participants in the program have found bodied in the Appalachian Regional IN MISSOURI credit more readily available and have made Commission. In establishing title V, and (By Joe Meisner, Ed Wiggins and Vicki more use of credit to supplement their lim­ thus expanding the regional concept of Behm) ited operating capital. the ARC, the Congress wisely took notice "Four years is really not enough time to 3. Farmers participating in the program of the need to assist and plan on a re­ prove the validity of an entire program,'' now report much more use of Extension as a gional basis for those areas that might be says Professor Ed Wiggins, director of the source of information. Small Farm Development Program of the 4. Participants in the program are now adversely affected by changing indus­ University of Missouri at Columbia, "but it experiencing a higher quality of life. trial technology. I am convinced that in is enough time to know that a very valuable 5. Fewer participants got completely out order to prevent the West from becoming service is being offered to the small farmers." of livestock production when prices declined another Appalachia in 40 years that it is Beginning in two counties in 1971 the in 1974. This suggests the program did help imperative that we get organized and Small Farm Program within a few months prevent the in-and-out pattern of produc­ prepare. spread into six other counties. The overall tion often followed by small farmers. Increased funding, which this bill pro­ objective is to increase the opportunities and "We are proud of our small farm pro­ quality of living for families living on small gram," says Professor Wiggins. "We will con­ vides, would go a long way in assuring farms. tinue to seek ways and means of improving the continuation of the regional approach "There is a great need for this type of our service." to common problems, and enable us in program in Missouri," points out Professor Profesosr Meisner concludes, "Other pol­ the West to plan, prepare, and meet with Joe Meisner of the Ag. Economics Depart­ icies are needed beyond the small farm self-determination the task before us. ment of the University. "Nearly 100,000 of program. Federal farm programs should eval­ the 137,000 farms in our state have less than uate their impact on farm size. Taxes, access $10,000 in farm sales. This means nearly to markets, educational opportunities, health three-fourths of our farmers are small-type services--these and others a.re needed action AMERICAN NUCLEAR ENERGY farmers. In our program we serve full-time and concern by today's land grant univer­ farmers on small land holdings who seek to sities if opportunities in agriculture are to COUNCIL expand their holdings, part-time farmers continue to (Jxist for those wanting to farm." with employment in nearby towns and not too interested in expanding, families moving HON. FRANK HORTON out from the cities looking for 'living room', OF NEW YORK and elderly couples who use farm operations IN THE HOUSE OF REPRESENTATIVES to supplement their retirement income." ECONOMIC DEVELOPMENT ACT OF Agricultural editor Vicki Behm with a yen 1975 Monday, July 14, 1975 for statistics says. "Participants in the Mr. HORTON. Mr. Speaker, a former Small Farm Program average 47 years of HON. TENO RONCALIO esteemed colleague of ours, Craig Hos­ age which is at least 5 years younger than to the state average for farmers. She adds other OF WYOMING mer, has recently been selected head statistics: "Each household averages 4 per­ IN THE HOUSE OF REPRESENTATIVES up a newly established organization sons. Two-thirds of the participants have called the American Nuclear Energy been with the program from the beginning. Monday, July 14, 1975 Council. I would like to include in the The average farm size is 153 acres. Ninety­ Mr. RONCALIO. Mr. Speaker, I am to­ RECORD at the conclusion of my remarks fi ve per cent of the participants own their day introducing legislation to amend the a statement of the objectives of Craig's farms, and three-fourths have them paid for. Public Works and Economic Develop­ organization. Another twenty-one per cent rent additional I believe the American Nuclear Energy land averaging 158 acres. ment Act of 1965 for the purpose of es­ "A pr1ce product in the program is feeder tablishing a regional impact and devel­ Council can provide valuable assistance pigs; 43 per cent of all the participants. opment assistance program. to Members of Congress as a centrally However, a majority, 75 per cent, of the This legislation is directed at the title organized source of information on the farms have beef cows. Only a few, 13 per V, or Regional Commissions as authorized values of nuclear power as an energy op­ cent, had dairy operations. under that act. Under this bill $200 mil­ tion. We must endeavor to receive as "Most all families in the program raised lion is authorized for fiscal year 1976 and balanced a view as possible and, in my their own meat and grew gardens. The aver­ $200 million for each of the next 4 fiscal view, the proponents have not been as age saving due to the garden on the annual well organized in presenting the various food bill was about $210," concludes Vicki. years thereafter to pr,lVide funds to each "Educational Assistants," points out Pro­ Commission Federal Cochairman to be arguments as those who argue that the fessor Wiggins, "bridge the gap between the used for grants to eligible rec'ipients nuclear option need not be exercised­ University Extension staff and the families within economic development regions es­ and I commend them for their efforts. on the farms." tablished under this act. Such grants All of us who have worked with Craig The educational assistants take short would be for the purpose of meeting so­ know of his outstanding abilities. He also courses to improve their skills and acquire cial, economic or environmental impacts knows, from firsthand experience, of the latest information in given areas before resulting from natural resource develop­ our problems in getting the time to delve being assigned to work with specific families. in depth into each of the issues which Each assistant works with 40 families on a ment, significant changes in Federal very close, first name basis in helping im­ Goyernment policies, programs, or regu­ require our action. With his background, prove their farming operation. In addition, lations, or significant shifts in employ­ I am sure he and his new organization ea.ch assistant serves another 20-30 who re­ ment opportunities, and to achieve re­ will endeavor to lessen our burdens by quire less frequent visiting because they gional development objectives as identi­ providing factual information on the have advanced further in their agricultural fied in comprehensive long-range plans side of the issues he represents. I wish experience and operation. developed under section 503 of the act. him every success in his new endeavors. A very important link between the Uni­ Craig has prepared an excellent paper versity staff and the assistants out in the Mr. Speaker, since the inception of the title V Commissions in 1965, the orga­ on the duties and responsibilities of the field is the area farm management special­ new Nuclear Regulatory Commission ist. Each specialist covers several counties nizations have lacked financial support which the Congress created last year. In and serves as a consultant on the more com­ resulting in many cases in the inability to plex problems which arise in his territory. his usual thorough way, he has, in his achieve their potential. paper, provided numerous legal citations July 14, 1975 EXTENSIONS OF REMARKS 22689 concerning NRC's responsibilities in ad­ nist of nuclear power".1 NRC Chairman Wil­ the general welfare, increase the standards of dition to his own clear-cut statements liam A. Anders states that his commission­ living and strengthen free competition. ers should function as "tough but fair judges Secti:>n 2 makes the Congressional finding in lay terms of what the Congress in­ or referees of nuclear issues" and that their that development, utilization, and control of tended in the various laws concerning "primary charge is public health and safety, atomic energy for military and for all other these responsibilities. I highly commend safeguards, environmental protection, and purposes are vital to the common defense this paper to my colleagues and request anti-trust." 2 and security. is also be included in the RECORD at the This narrow emphasis has raised criti­ Section 3 recites that it is the purpose of conclusion of my remarks. cism that the Commission embraces a timid the Act "to effectuate the policies set forth The articles follow: detached from the real world, concept of it~ above by Government control of the posses­ responsibilities, and assumes an ivory tower sion, use and production of atomic energy OBJECTIVES AND ORGANIZATION OF THE viewpoint of its functions. Industry unhap­ and special nuclear materials" and other AMERICAN NUCLEAR ENERGY COUNCIL piness over some Oommission decisions (and programs. The American Nuclear Energy Council ls with the fact that others have not been Thus, according to the statutory law gov­ being organized in mid-1975 in response to made) also plays a part in these harsh erning NRC, the "development, use and con­ the obvious need for a focal point in Wash­ assessments. But they may be premature trol of atomic energy" is as much its func­ ington from which to project the common and unwarranted. tion as "public health and safety" "safe­ energy interests of the people of the United The four basic statutes that direct the guards", "environmental protection" 'or "an­ States and the United States nuclear power NRC are the Energy Reorganization Act,a titrust". The Commissioners a.re b~und by industry. Atomic Energy Act,4 National Environmental their oath to carry forward all five functions The Council holds that nuclear power is Policy Act,5 and the Administrative Proce­ so as, amongst other things- essential if this nation is to have adequate dure Act.6 The Chairman and his colleagues To make the maximum contribution to and dependable energy supplies during the early felt an understandable need to forge the common defense and security; next half-century. It believes we can achieve a public image of "credible regulation" based to make the ma.ximum contribution to the energy independence only by vigorous utiliza­ on "independent, open, effective and effi­ general welfare; tion of U.S. domestic coal and nuclear energy cient implementation of these laws that to promote world peace; and resources. direct us".7 This trust-for that purpose­ to increase the standard of living. The Council stands for the proposition could temporarily delay unfolding of a wider The language of Chapter One is not preca.­ that the risks of nuclear power a.re minimal concept of NRC's role. Already the Com­ tory language. It lays upon servants of the in relation to its benefits and far more ac­ mission has gone far toward establishing its Government, whether they be operators, reg-: ceptable than massive power shortages or integrity and impartiality. Once the several ulators, or licensors, clear, clean policy continued dependence on fragile foreign will­ statutes that govern it a.re reconciled and guideline for the execution of responsibil1- ingness to supply a vital fraction of the matters of judicial notice taken fully into ties. Their specific duty in relation to atomic energy needed to adequately fuel the Amer­ account, a richer NRC role seems likely to energy may be its "development" or "use" or ican economy and provide jobs for millions emerge. "control" .?ut they a.re obliged to carry for­ of workers. It is unlikely that the Oommission con­ ward the development, utilization and con­ The Council will work to restore a political siders the word "regulatory" in its title to trol of atomic energy" in the context that for climate in which the public and its decision confine its business to "regulation only." all purposes it is vital to the United States. makers in Government may clearly see and The House version of the Energy Reorganiza­ This language should not be confused with fairly evaluate the substantial benefits and tion Act called it the Nuclear Safety and "promoting" atomic energy, the separation modest risks of nuclear power. To this end Licensing Oommission. The Senate termi­ of which from licensing and regulation every­ it will register under the lobbying law­ nology was Nuclear Energy Commission. The one understands was a purpose of the Energy advocate legislation forwarding the people's name last emerging from the Joint House­ Reorganization Act. Rather, it is to be read interest in safe, ample and lower-cost nuclear Senate Conference on differing versions of as establishing the priority to be accorded power-and oppose measures hostile to that the bill was hardly a compromise on sub­ the subject by those in government who deal objective. It will seek timely and effective stance. It was plainly the choice of NRC with it in whatever way. The development actions in the Executive Branch of Govern­ as a more euphonious acronym than NSLC use and control of atomic energy is accorded ment to forward these same public purposes. or NEC. a pa.ra.mountcy not given the four other The Council's small staff of Washington The House and Senate Reports accom­ functions routinely ascribed as primary professionals wm work in tandem with the panying these bills 8 help identify the NRC charges of the Nuclear Regulatory Commis­ lobbying forces of public and private power responsibilities laid down by the Reorganiza­ sion. Thus it ls that this function ought to groups and individual companies. It will tion Act. Both cite and reprint a memoran­ be regarded as no less than first amongst point out ways in which existing public re­ dum by the Office of General Counsel, Atomic equals. lations resources may be marshalled more Energy Commission, specifying the ap­ There are, of course, considerations other potently in support of these advocacy ef­ plicability of various provisions of the Atomic than those of statute law which the Com­ forts. It will seek alliances with labor and Energy Act to ERDA, to NRC, or to both. mission will take into account in arriving business associations whose members share Provisions applicable to NRC include Chap­ at its judgments. These are all those matters a stake in this country's energy sufficiency ter 10 of the Atomic Energy Act covering of which courts take judicial notice in ar­ and energy independence. riving at their decisions. This is because The Council will serve a new function atomic energy licenses. Thus, whether in­ corporated in the word "regulation" or a Commissioners of the Nuclear Regulatory as catalyst and synergising agent for advo­ subject deserving distinctive characteriza­ Commission, no less than Federal judges, are cacy of the shared interests ln nuclear tion, atomic energy licensing is very much part of the real world they govern and reg­ power of the American people and the Amer­ the business of the new Nuclear Regulatory ulate. ican nuclear community. It is not intended That being the case, it follows that a com­ to displace the nuclear industry's traditional Commission and it is actively going about it. mission established by Congress to deal with policy spokesman. a particular subject area ought also to take The American Nuclear Energy Council is Section 103 of the Atomic Energy Act gov­ erning NRC's licensing business requires the cognizance of basic policies of the Govern­ an incorporated, non-profit trade association. ment relating to that subject area. The com­ Eligible for membership from all segments issuance of commercial licenses subject to such conditions as the Commission may by mission does not exist as an abstraction. Gov­ of the energy industry are individuals, com­ ernment policies are part of the real world panies and organizations who share its rule or regulation establish to effectuate the purposes of that Act. As a matter of practice, in which and for which it functions. objectives. It is governed by a Board of Di­ Therefore, it seems compelling that energy rectors elected from its membership and the license itself is in the nature of a rule. Section 103 clearly indicates that the li­ policies enunciated by the Government of advised by a Coordinating Committee of which NRC is part, as a matter of co~se nuclear knowledgeable executives. The censing function shall effectuate the pur­ poses of the Atomic Energy Act. These pur­ ought to be taken into account by NCR in Council's day-by-day functions are guided arriving at its judgments. One of the most by its President and professional staff. poses are set forth in Chapter One of the Act which the General Counsel's memorandum explicit of these policies is that the United also cites as applicable to NRC. This Chapter States shall achieve energy independence at NUCLEAR REGULATORY COMMISSION-DUTIES the earliest possible date. AND RESPONSIBILITIES is in three sections. Section 1 declares it the policy of the The motivation for any government ac­ Commissioner Edward A. Mason has de­ tion-judicial, quasi-judicial, regulatory, leg­ clared that its establishing legislation "makes United States that the development, use and control of atomic energy shall be directed- islative or executive-is not remote or it clear that the business of the Nuclear ethereal. It relates to wants and needs and Regulatory Commission is regulation only". a. so as (subject to the paramount ob­ He adds that NRC "must maintain a posture jective of making the maximum contribu­ preferences of living people. It is to resolve of strict impartiality and not permit itself tion to the common defense and security) to practical issues, to weigh costs versus bene­ to be either an apologist for or an antago- make the maximum contribution to the gen­ fits and risks versus rewards. It is to com­ eral welfare; and promise competing values fairly. It is to Footnotes at end at article. b. so as to promote world peace, improve achieve justice and equity in those situa- CXXI--1429-Part 17 22690 EXTENSIONS OF REMARKS July 14, 1975 tions which are beyond the capabilities of process for reclaiming the gray metal from BALANCED NATIONAL TRANSPOR­ people by themselves to achieve them. industrial sludge settlement basins was put These are the purposes of the Nuclear Reg­ into use earlier this year. TATION POLICY IS GOAL OF COM­ ulatory Commission. It is believed that NRC Now, the price of zinc may not be quite MITTEE HEARINGS has set about to achieve them. And, with re­ so attractive as that of gold-38 cents a spect too the specific nature of its licensing pound versus $162 an ounce-but when a responsibility, testimony of Dean David F. firm uses millions of pounds of it a year, as HON. HENRY J. NOWAK Cavers to the Joint Committee on Atomic the local rayon factory does, recycling zinc OF NEW YORK Energy in 1962 hearings on the regulatory can be profitable as well as environmentally IN THE HOUSE OF REPRESENTATIVES process is instructive. The Harvard Law desirable. School savant described it this way: The factory, the largest rayon producer in Monday, July 14, 1975 "Essential to a judgment concerning the the country, is owned by the FMC (Food Mr. NOWAK. Mr. Speaker, on July 9, most suitable machinery and process for Machinery & Chemical) Corp., a $2 billion­ the House Public Works Subcommittee reaching a decision in these licensing pro­ a-year Chicago-based conglomerate that on Surface Transportation began a ser­ ceedings is a recognition of the problem the ranks 9lst in Fortune magazine's list of top decisionmaker has to resolve. As I see it, the U.S. businesses. Though the recession has cut ies of hearings that hopefully will help basic question the decisionmaker has to an­ rayon production to 70 per cent of its capac­ lay the groundwork for development of swer is this: Is the proposed reactor design, ity of 220 million pounds per year, the plant a comprehensive and balanced national or the completed reactor itself, so safe that, still requires about 7.5 million pounds of transportation policy. While the initial given the national interest in the develop­ zinc annually. focus of these sessions is on the Federal­ ment of atomic power, the Government is The metal, in the form of zinc sulfate, aid highway program, the intent is to justified in exposing the communities near serves to retard regeneration of cellulose, make an in-depth examination of the the reactor site to the residual hazards that the raw material of which rayon is made, cannot be elimlnated whenever a power or and allow the fiber to be stretched. Rayon Nation's surface transportation needs. test reactor ls built and operated?" 9 produced at Front Royal is used in products The Buffalo Evening News, in an edi­ ranging from tire treads to clothes to throw­ torial last week, thoughtfully examined FOOTNOTES away diapers. some of the major issues that will be con­ 1 Edward A. Mason, address to Northeastern In the 35 years since its establishment, the fronted during these legislative hearings. Section, American Nuclear Society, Boston, plant has dumped industrial waste into set­ .Mass., May 22, 1975. NRC S-7-75. I would like to bring these comments tlement basins on company property border­ to the attention of my colleagues: 2 William A. Anders, address to 43d Con­ ing the rl ver. There are now 85 acres of vention, Edison Electric Institute, Denver, sludge 15 to 20 feet deep which must be kept SHIFTING GEARS ON TRANSPORTATION Colorado, June 4, 1975. NRC 8-8-75. irrigated lest the dried solids blow away or With 85 percent of the federal interstate a Energy Reorganization Act of 1974. 88 wash into the Shenandoah. Zinc does not highway system completed, President Ford Stat. 1233. endanger drinking water supplies because has appropriately timed his broad proposals •Atomic Energy Act of 1954, as amended, the metal sinks to the bottom, but it does to reform the national highway trust fund, 42 USC 2001, et seq. kill the organisms fl.sh feed on. established in 1956 to pay out of gas taxes 6 National Environmental Policy Act of Be3ides possible pollution hazards, there for construction of the big interstate road 1970, as amended, 42 USC 4321, et seq. are economic considerations related to the network. e Administrative Procedure Act of 1966, as prices of land and zinc. FMC Corp. estimated In looking toward the future, the Ford amended, 5 USC 551 et seq. it would run out of dumping space in five to recommendations would drastically shrink 7 See footnote (2). 10 years unless another solution was found gas-tax money for the nearly completed in­ s House Report 93-707 to accompany H.R. for disposing of or recycling the sludge. The terstate system and increase it for other kinds 11510, energy Reorganization Act of 1973, De­ project began five years ago. of transportation in an energy-short era. cember 7, 1973, PP. 25-28; Senate Report 93- Using available technology, FMC engineer Basically, the President wants to divert 980 to accompany s. 2744, Energy Reorganiza­ John H. Cosgrove developed a process to re­ half the current trust fund revenues into tion Act of 1974, June 27, 1974, pp. 34, 83-85. cover the 7 per cent solid content of the transportation areas, like mass-transit, other u Hearings of the Joint Committee on watery effluent. The reusable solids contain than highways. He would permit states to Atomic Energy Subcommittee on Legislation, about 50 to 60 per cent zinc hydroxide and 35 pick up another quarter of existing highway "Atomic Energy Commission Regulatory per cent zinc metal. Because evaporation was fund taxes for their own uses, and leave only Problems" (H.R. 12336 and S. 3491) April 17, too costly and centrifuges did not work, Cos­ the remaining 25 per cent of the trust-fund 1962, p. 40. grove turned to heating the sludge to convert revenues earmarked for completion and the soluble hydroxides into crystals, thus maintenance of the interstate system. permitting the water to drip out through a It doesn't take a political genius to recog­ PROFITABLE RECYCLING filter. nize that such proposals face stubborn op­ The remaining 3 to 4 per cent solids are position in Congress. Highway interests, like filtered out and discarded. Finally, hydrogen the truckers, can be expected to oppose the HON. J. KENNETH ROBINSON peroxide is added to the brownish zinc sul­ changes, as well as their allies in Congress OF VIRGINIA fate liquid to rid it of residual iron before it and in the federal bureaucracy. ls pumped back into the rayon manufactur­ Beyond that, too, details of the program IN THE HOUSE OF REPRESENTATIVES ing process. remain vague and in need of careful review. Monday, July 14, 1975 There is a 10 per cent loss in the recycling It may be that certain portions of the es­ process, but FMC Corp.'s tremendous sludge timated $2 billion or so diverted from the Mr. ROBINSON. Mr. Speaker, in­ reserves (2.5 million tons, of which 40,000 federal trust fund to general revenues should cluded in the widely varied economy of are zinc) can supply enough zinc for daily be specifically earmarked for special kinds of the Seventh Congressional District of operations and more. Recycled zinc costs high-priority transportation programs. Both Virginia, which I have the honor to rep­ about one fourth to one third as much as mass transit and rebuilding the nation's resent, is the largest rayon factory in the virgin metal. aging railroad beds deserve special atten­ the United States. Plant manager A. G. Rufi' estimates the tion at a time when the country must find As an example of innovative and re­ company can recoup its investment in 2 ¥2 ways to transport more people and goods yaars. At present recycling rates, it will be with less energy particularly gasoline. sponsible resource recovery and environ­ more than a decade, however, before the 85 Also, regrettably, we see nothing in the mental protection by private industry, acres of settlement basins are drained and new proposals that would help make amends I should like to invite the attention of filled in with fly ash from the coal-burning for the federal interstate program's historic my colleagues to what has been done at factory smokestacks. Only 10 to 15 acres will maltreatment of New York State and this this plant in the recycling of zinc. I in­ be retained as holding pools. The future of region. States which built great toll high­ clude, therefore, an article which ap­ the reclaimed land has not yet been decided, ways before the trust-fund program was es­ but increasing property values in the area tablished have never been reimbursed for peared in the Washington Post on July 6, are bound to make the program pay oft'. that construction so that they can remove 1975, as follows: FMC Corp. already contemplates making the tolls. Even though the New York Thru­ VIRGINIA RAYON PRODUCER RECYCLES ZINC, recycled zinc from its rayon plant available way, like the Massachusetts, New Jersey and CUTS SLUDGE to other divisions that can use it in making Pennsylvania Turnpikes, have all been built (By Nancy L. Ross) agricultural chemicals. Since news of the de­ to federal interstate specifications and in­ velopment became known, Cosgrove and Ruff corporated into the federal system, we wlll FRONT RoYAL, VA.-There's zinc in them say they have received more than 20 inquiries still be paying for them with tolls long after thar ponds. from other manufacturers interested in their the network of interstate freeways is com­ An ecologically updated version of the old process. And Cosgrove recently returned from pleted everywhere else. Before that system gold prospector's claim is being heard along visiting rayon plants in the Soviet Union can fairly be regarded as finished, simple the banks of the Shenandoah where a new where, he reported, a deal was a "possibility." equity calls for enough reimbursement to July 14, 1975 EXTENSIONS OF REMARKS 22691 convert the interstate "toll-ways" also into SEX DISCRIMINATION IN THE v1s1on does. not alter the responsibllity which freeways. FIELD OF EDUCATION a College has with regard ·to the provision of The adm1n1strat1o-n proposals Hkewtse equal opportunity. · would tend to leave the interstate highway In the case of athletics, like physical edu­ map frozen with tbis region the victim of HON. PAUL SIMON cation, elementary schools will have up to a its most glaring gap-with no north-south OW ILLINOIS year from the e1fective date of the regula­ route directly connecting the Bu1falo-Nia­ tions to comply, and secondary and post­ gara-Hamilton-Toronto region with Wash­ IN TBB HOUSE OF REPRESENTATIVES secondary schools will have up to three ington and points south. The long campaign Monday, July 14, 1975 yea.rs. for the inclusion of Rte. 219 1n the inter­ state system would, in effect, be dead-ended. Mr. SIMON. Mr. Speaker, prior to our July 4 recess, the Secretary of Health, In deciding on proposed transportation leg­ FLOYD BARGER, NEWSMAN islation, New York senators and members of Education and Welfare, Mr. Caspar EXTRAORDINAffiE Congress should keep those details in mind Weinberger, appeared before the Sub­ with a purpose of doing everything they rea­ committee on Higher Education, of sonably can to right the inequities. Con­ which I am a member, committee HON. EDWARD I. KOCH ceptually, however, the Ford program is im­ chaired by the distinguished Congress­ pressive and forward-looking. As Transporta­ OF NEW YORK tion Secretary William T. Coleman said, it man from Michigan, Representative IN THE HOUSE OF REPRESENTATIVES JAMES O'HARA. would promote a new era in which high­ Monday, July 14, 1975 ways "will play a vital but not a total role" During this appearance in which he in national transportation. discussed title IX, the regulations pro­ Mr. KOCH. Mr. Speaker, a first rate moted by HEW on the matter of sex newsman, Floyd Barger, is retiring as discrimination in the field of education, the editor and senior vice president of he referred to the area of athletics the New York Daily News on August 1. Floyd Barger began with the News about TOM GIORDANO-CITIZEN OF which seems to be receiving most of the attention. I would like to enter into the 33 years ago. His judgment and abilities THE YEAR RECORD at this point Secretary Wein­ have directed and shaped the Daily News berger's remarks on athletics as they editorial policies on local, national, and HON. JOSEPH G. MINISH relate to title IX regulations because I international issues. Everyone reading OF NEW JERSEY believe his statement clarifies some mis­ the New York City papers recognizes IN THE HOUSE OF REPRESENTATIVES understandings. that one of the liveliest is the Daily Secretary Weinberger's remarks fol­ News; and its coverage of local news Monday, July 14, 1975 low: events is unsurpassed. Mr. MINISH. Mr. Speaker, it is my ATHLETICS Mr. Speaker, I personally am sorry pleasure to call to the attention of my With regard to the provision on athletics, that he is leaving the Daily News because colleagues in the House a recent well de­ first let us look at what the regulation does his presence at the paper was invaluable not require. sened honor which has been bestowed ( 1) It does not require equal aggregate and important to the citizens of New upon Thomas Giordano of Bloomfield, expenditures for members of each sex or for York; and I so much enjoyed our chats N.J. male and female teams. as well as the annual editorial luncheons. Tom Giordano has been named "Citi­ (2) It does not require two separate equal But whatever he undertakes in his re­ zen of the Year" for his unselfish service facilities for every (or any) sport. tirement I wish him well. He deserves and many contributions to the life and (3) It does not require women to play the best. I am appending the retirement the well being of Bloomfield. football with men. notice which appeared in the Daily News I join his many friends in congratu­ ( 4) It wlll not result in the dissolution of on July 8: athletics programs for men. lating Tom and I commend the following (5) It does not require equal moneys for EDITOR-VICE PRESIDENT BARGER WILL RETIRE editorial to the attention of my col­ athletic scholarships. Floyd Barger, a New York newspaperman leagues: (6) It does not require coeducational for 48 years, is retiring on Aug. 1 as editor [From the Bloomfield Independent Press showers, lockerrooms and toilet facllitles. and senior vice president of The News, W. H. July 10, 1975] (7) It does not mean the National Colle­ (Tex) James, president and publisher, an­ giate Athletic Association (NCAA) will be nounced yesterday. TOM GIORDANo-CITIZEN OF THE YEAR Barger has been with The News for 33 It was most fortunate for us when Tom dissolved and wlll have to fire all of its highly vocal staff. years, covering local, Albany, Washington Giordano and his family came to live in our and overseas assignments and serving in a community 20 years ago. For during that The goal of the final regulation in the area of athletics ls to secure equal opportunity for number of executive positions-night man­ span, when so many pressures to change aging editor, managing editor, associate Bloom.field's social and economic structure men a.nd women while allowing schools and colleges fl.exibllity in determining how best editor, executive editor and editor. were exerted-and when some men looked He had been a director of the Tribune Co., the other way-Tom Giordano did not look to provide such opportunity. Where selection for a team is based on the parent firm that owns The News, Chicago the other way, or move away. He stood firm Tribune and other newspapers in Florida and on our good earth. And by standing firm, he, competitive sklll, or the activity involved is and many like him, preserved what is worth a sport involving physical contact between California, as well as radio and TV stations. while in Bloom.field and prevented here the players, then the college can provide separate SHAPED POLICY social and economic deterioration which is teams for males and females or if they wish, Barger has directed and shaped this news­ found in several nearby communities. they can have a single team open to both paper's editorial policy on critical local, na­ But if he has stood steadfast against the sexes. If separate teams are offered, a recipi­ tional and international issues. forces which would radically alter Bloom­ ent institution may not discriminate, on the He has been an exponent of an "upbeat" field, he had done so by DOING, not by just basis of sex, in providing necessary equip­ editorial policy, believing that a newspaper's bemoaning the threats around us. He has ment or supplies, or in any other way. I lasting impression comes from being for contributed his time, his ideas, and his labor emphasize again that equal aggregate ex­ something, rather than against something. to many civic programs. To name but one penditures are not required. In determining ''Floyd is a man who has an infectious en­ area, his name has become synonymous with whether equal opportunities are avallable, thusiasm for newspapering, an editor full Memorial Day activities and, indeed, all vet­ such factors as the following, among others, of ideas, with a passion for lively, objective erans' interests in our community. Although will be considered: whether the available and accurate reporting,'' James said. now retired from his careers in the postal sports reflect the interests and abilities of "Most of all, however, he has been the service and in the military service, he is both sexes; provision of supplies and equip­ champion of ordinary people. He has always sticking around our town to give us a strong ment; game and practices schedules; travel been happiest when he has been fighting hand. We need it. and per diem allowances, etc. their causes." Tom Giordano is a worthy recipient of Where a team in a non-contact sport, the "FAITH IN THE FUTURE" the "Citizen of the Year" honor. In his ac­ membership of which ls based on skill, is ceptance talk at the Fourth of July celebra­ In accepting an award for The News, Barger tion at Foley Field Friday night, he summed ofl'ered for members of one sex and not for once told the American Legion the basic up his feelings: "Ask not what Bloomfield members of the other sex, and athletic op­ premise of the editorial policy: can do for you, but what can you and I and portunities for the sex for whom no team is "We have an abiding faith in the future all of us do to keep Bloomfield the good available have previously been limited, indi­ of our country ... in its people ... all the town to live in." The words truly bespeak the viduals of that sex must be allowed to com­ people ... in our institutions." man. pete for the team offered. However, this pro- A fighter for freedom of the press and the EXTENSIONS OF REMARKS July 14, 1975 public's right to know, Barger believes the of their acquaintance with Valentyn tional reeources aimed at regulating com­ Founding Fathers were wise in putting the Moroz. They have been threatened with petition and representing consumer interests. -free-pre¥·guarantees in very broad terms in dismissal from their jobs and they fear Mr. Ford said that the con.su.mer interest the Pirst Amendment. that an even more severe punishment can best be served "through the market Barger was born in· Ohio. He was graduated place," rather than through governmental from Wittenberg University in Springfield, may be infllcted upon them for their sup­ intervention. Ohio, in 1927. port for Moroz and for his beliefs. "I feel quite deeply we must seriously con­ In June of that year, he came to New Mr. Speaker, if the USSR continues sider the cost to consumers of all government York-and immediately fell in love with the its present repressive policies toward the activities, and that includes regulatory agen­ city. His loyalty to New York has never wav­ captive nations, how can we exPect the cies," he added. ered. Soviets to be responsible partners in any OTHEB AmES PRESENT He campaigned editorially for fiscal in­ international agreements? If we do not The meeting, 1n the Ea.st Room of the tegrity ln municipal government, believing insist upon the Soviet Union fulfilling White House, was attended by Cabinet mem­ that New York could easily remain the great­ its responsibilities for all of her people bers and White House staft' members in addi­ est city in the world-lf given the right direc­ and in respecting fundamental human tion to the heads of the regulatory agencies. tion. From cleaner streets to better subways Agencies represented were the Federal Pow­ and more police protection, he also cham­ freedoms, then citizens of the captive er Commission, the Nuclear Regulatory Com­ pioned the cause of the individual New nations can look forward only to con­ mlssion, the Federal Maritime Commission, Yorker. tinued oppression. the Federal Communications Commlss1on, Barger belongs to the Dutch Treat and The right to self-determination is a the Clvll Aeronautics Boa.rd, the Securities National Press clubs and to the Silurians, an basic human right. The continued SJbuse and Exchange Commission, the Commodity organization of veteran New York City news­ by the Soviet Union of the United Na­ Futures Trading Commission, the Consumer papermen. tion's proclamation of the "Declaration Product Safety Commission, the Federal He and his wlfe, Eliza.beth, live in Gar­ Trade Commission, and the Interstate Com­ den City, L.I. of Human Rights," which guarantees the merce Commission. right to express opinions and to propa­ The regulatory agencies, Mr. Ford said, gandize those opinions, is an anathema. should be leaders 1n efforts to rid the na­ We must continue to assist the captive tion's economy of long-term "impediments" 17TH OBSERVANCE OF CAPTIVE nations in their courageous, continuing to growth. NATIONS WEEK struggle for freedom. "Government,'' he said, "should intrude By observing Captive Nations Week, 1n the free market only when well-defined we not only demonstrate our concern for social objectives ca.n be attained. The Gov­ HON. BENJAMIN A. GILMAN ernment should foster rather than frustrate these nations, but we also make known competition." OF NEW YORK to the world our desire for their freedom. The President urged the agency heads to IN THE HOUSE OF REPRESENTATIVES Accordingly, I urge my colleagues to join begin immediately to overhaul their pro­ Monday, July 14, 1975 in the observance of Captive Nations cedures, including the following actions: Week. Mr. GILMAN. Mr. Speaker, the week Examine the costs of regulations and deter­ of July 13 marks the 17th Anniversary of mine 1f the economic benefits of those regu­ Captive Nations Week, an observance lations make them worthwhile enough to re­ THE REGULATORY FUNCTION IN tain. "Good social goals must be weighed designated by President Eisenhower GOVERNMENT against the costs," Mr. Ford said. when he signed Public Law 86-90. Suc­ Conduct a comprehensive and specl.flc re­ ceeding Presidents have continued to HON. FRANK HORTON view of delays and backlogs in the regula­ proclaim this week as a memorial occa­ tory process and start reducing the delays sion and many State governments have OF NEW YORK within six months. deemed it appropriate to join in this tra­ IN THE HOUSE OF REPRESENTATIVES Study and revise agency procedures, "as dition. Monday, July 14, 1975 appropriate, to make sure you a.re respon­ In a time when there is such heavy sive to consumer interests." emphasis placed upon detente with the Mr. HORTON. Mr. Speaker, the Presi­ "Consider fundamental changes to move Soviet Union, we must not forget that dent in his July 10 meeting with the us to deregulation" when regulation-no the list of captive nations is long, in­ heads of the regulatory agencies very longer serves the purpose originally initended. cluding the nations of Armenia, Azer­ succinctly annunciated the principles baijan, Byelorussio, Cossackia, Georgia, which should be followed in the need for Idel-Ural, North Caucasia, Ukraine, Far and the purpose of Government regula­ Eastern Republic, Turkistan, Mongolia, tory functions. One of the important THE NUCLEAR REGULATORY COM­ Estonia, Latvia, Lithuania, Albania, Bul­ points he made was the adverse e:ff ects MISSION: ITS DUTIES AND RE­ garia, Yugoslavia, Poland, Romania, to consumer interests of unnecessary and SPONSIBILITIES Czechoslovakia, North Korea, Hungary, improper regulatory activities. I believe East Germany, Mainland China, Tibet, we all should keep the regulatory prin­ Cuba, and now, regretfully, we must in­ ciples in mind when we carry out our HON. TENO RONCALIO clude North Vietnam, Cambodia, and many legislative functions which bear OF WYOMING South Vietnam. on regulation. IN THE HOUSE OF REPRESENTATIVES There is imposed upon the captive na­ For the convenience of my colleagues, Monday, July 14, 1975 tion of Ukraine the further burden of I would like to include excerpts from the knowing that one of their leading intel­ July 11 New York Times report on the Mr. RONCALIO. Mr. Speaker, it has lectuals, Valentyn Moroz, has been im­ President's remarks. been some time since we have had occa­ prisoned for more than 4 years and, more The excerpts follow: sion to read in the CONGRESSIONAL RECORD recently, has been committed to a psy­ PRESIDENT URGES REGULATORY UNITS To a speech or a presentation by former chiatric asylum, which, in a Soviet­ RESTRICT CURBS-ADVISES "MAXU4UM FREE­ Member of Congress Craig Hosmer, who dominated country, is a fate more hor­ DOM FOR PRIVATE ENTERPRISE," REVERSING for years served this body as a member rible than being incarcerated. The LONG TREND--NEW PROCEDURES ASKED-­ of the Interior Committee and the Joint is FORD SAYS AGENCIES SHOULD LEAD EFFORT "crime" of Valentyn Moroz that he TO El.XMINATE IMPEDIMENTS TO GROWTH Committee on Atomic Energy. dared to speak out against a repressive Craig Hosmer is now associated with regime and as a result of his alleged (By Philp Shabecoff) WASHXNGTON, July 10.-President Ford the American Nuclear Energy Council crime, he has been brutalized by the and he recently prepared and distributed KGB; his summoned the chairmen of the Federal regu­ personal books, papers, and latory agencies to the White House today handwritten notes have been impounded; a paper dealing with the duties and re­ and, in the name of "maximum freedom for sponsibilities of the Nuclear Regulatory his parents are harassed, continually private enterprise," asked them to dispense bearing the burden of concern for the with as much regulation as possible. Commission. I know it will be of interest safety of their son. In addition, some 30 In effect, the President called for a reversal to RECORD readers in the nuclear com­ other persons have been beleaguered by of the nearly century-long trend toward Fed­ munity, and I am happy to have the arti­ the KGB and the police merely because eral supervision o! key industries and na- cle follow: July 14, 1975 EXTENSIONS OF REMARKS 22693

NUCLEAR REGULATORY COMMISSION-DUTIES a.. so as, subject to the paramount objec­ preferences of living people. It ls to re.solve AND RESPONsmILITIES tive of ma.king the maximum contribution practical issues, to weigh costs versus bene­ Commissioner Edward A. Mason has to the common defense and security, to fits and risks versus rewards. It ls to com­ declared that its establishing legl.slatlon make the maximum contribution to the gen­ promise competing values fairly. It ls to "makes it clear that the business of the Nu­ eral welfare; and achieve justice and equity in those situa­ clear Regulatory Commission ls regulation b. so as to promote world peace, improve· tions which are beyond the capabilities of only." He adds that NRC "must maintain a the general welfare, increase the standards people by themselves to achieve them. posture of strict impartiality and not permit of living and strengthen free competition. These a.re the purposes of the Nuclear itself to be either an apologist for or an an­ Section 2 makes the Congressional finding Regulatory Cornmlssion. It is believed tha.t has tagonist of nuclear power." 1 NRC Chairman that development, utilization, and control NRC set a.bout to achieve them. And, William A. Anders states that his commis­ of atomic energy for mllitary and for a.11 with respect to the specific na.ture of its sioners should function as "tough but fair other purposes a.re vital to the common de­ licensing responsLblllty, testimony of Dean judges or referees of nuclear issues" and that fense and security. Da.vid F. Cavers to the Joint Committee on Section 3 recites that it is the purpose of Atom.le Energy in 1962 hearings on the reg­ their "primary charge ls public health and safety, safeguards, environmental protection, the Act "to effectuate the policies set forth ulatory process ls instructive. The Harvard a.bove by Government control of the posses­ Law School savant described Lt this way: and anti-trust".2 sion, use and production of atomic energy "Essential to a. judgement concerning the This narrow emphasis has raised criticism and special nuclear materials" and other most suitable machinery and process for that the Commission embraces a timid, de­ programs. reaching a. decision in these licensing pro­ tached from the real world, concept of its Thus, according to the statutory law gov­ ceedings is a recognition of the problem the responsibilities, and assumes an ivory tower erning NRC, the "development, use and con­ decision.maker has to resolve. As I see it, the viewpoint of its functions. Industry unhappi­ trol of atomic energy" ls as much its func­ basic question the decisionmaker has to ness over some Commission decisions (and tion as "public health and safety", "safe­ answer ls this: Is the proposed rea.ctor de­ with the fact that others have not been guards", "environmental protection", or sign, or the completed reactor itself, so safe made) also play a part in these harsh assess­ "antitrust". The Commissioners a.re bound that, given the national interest in the de­ ments. But they may be premature and un­ by their oath to carry forward all five func­ velopment of a.tom.le power, the Government warranted. tions so as, amongst other things-- 1s justified in exposing the communities The four basic statutes that direct the To make the maximum contribution to near the reactor site to the residua.I hazards NCR are the Energy Reorganization Act,a the common defense and security; tha.t cannot be ellmlna.ted whenever a power Atomic Energy Act,' National Environmental To make the maximum contribution to or test reactor is built and operated?" 11 • Policy Act,5 and the Administrative Proce­ the general welfare; FOOTNOTEB dures Act.6 The Chairman and his colleagues To promote world peace; and early felt an understandable need to forge 1 Edward A. Ma.son, address to Northeast­ To increase the standard of living. ern Section, American Nuclear Society, Bos­ a public image of "credible regulation" based The language of Chapter One 1s not prec­ ton, Mass., May 22, 1975. NRC S-7-75. on "independent, open, effective and effi­ a tory language. It lays upon servants of the 2 cient implementation of these laws that di­ Government, whether they be opera.tors, reg­ Williia.m A. Anders, address to 43rd Con­ rect us" .7 This thrust-for that purpose­ vention, Edison Electric Institute, Denver, ulators, or llcensors, a clear, clean policy Colorado, June 4, 1975. NRC S-8-75. could temporarily delay unfolding of a wider guideline for the execution of responsiblll­ 3 concept of NRC's role. Already the Commis­ Energy Reorganization Act of 1974. 88 tles. Their specific duty in relation to atom­ Stat. 1233. sion has gone far toward establishing its in­ ic energy may be its "development" or "use" tegrity and impartiality. Once the several ' Atomic Energy Act of 1954, as a.mended, or "control" but they are obliged to carry 42 use 2001, et seq. statutes that govern it are reconciled and forward the "development, utilization and 5 matters of judicial notice taken fully into National Environmental Policy Act ot control of atomic energy" in the context 1970, as a.mended, 42 USC 4321, et seq. account, a. richer NRC role seems likely to that for a.11 purposes it ls vita.I to the United 8 Admln.1stra.tive Procedure Act of 1966, as emerge. States. amended, 5 use 551 et seq. It ls unlikely that the Commission con­ This language should not be confused 1 See footnote 2. siders the word "regulatory" in its title to with "promoting" atomic energy, the separa­ 8 House Report 93-707 to a.c~any H.R. confine its business to "regulation only.'' The tion of which from licensing and regulation 11510, Energy Reorganization Act of 1973, House version of the Energy Reorganization everyone understands was a purpose of the December 7, 1973, pp. 25-28; Senate Report Act called it the Nuclear Safety and Licensing Energy Reorganization Act. Rather, it ls to 93-980 to accompany S. 2744, Energy Re­ Commission. The Senate terminology was be read as establishing the priority to be organization Act of 1974, June 27, 1974, pp. Nuclear Energy Commission. The name last accorded the subject by those in government 34, 82-85. who deal with it in whatever way. The de­ emerging from the Joint House-Senate Con­ 9 Hearings of the Joint Commiittee on ference on differing versions of the bills was velopment, use and control of atomic energy Atomic Energy Subcommi·ttee on Legisla­ hardly a compromise on substance. It was ls accorded a pa.ra.mountcy not given the tion, "Atomic Energy Commission Regula­ plainly the choice of NRC as a more euphoni­ !our other functions routinely a.scribed as tory Problems" (H.R. 12336 and S. 3491) ous acronym than NSLC or NEC. primary cha.rges of the Nuclear Regulatory .A:pril 17, 1962, p. 40. The House and Senate Reports accompany­ Commission. Thus it ls that this function ing these bills 8 help identify the NRC re­ ought to be regarded as no less than first sponsibilities la.id down by the Reorganiza­ amongst equals. tion Act. Both cite and reprint a memo­ There are, of course, considerations other randum by the Office of Genera.I Counsel, than those of statute law which the Com­ "COMMITTEE ON SCIENCE AND Atomic Energy Commission, specifying the mission will take into account in arriving TECHNOLOGY ENERGY PUBLICA­ a.ppllca.blllty of various provisions of the a.t its judgments. The.se a.re a.11 those m'81tters TIONS LIST" Atomic Energy Act to ERDA, to NRC, or to of which courts take judicial notice in ar­ both. riving at their decisions. Thils ls because Provisions applicable to NRC include Chap­ Commissioners of the Nuclear Regulatory HON. MIKE McCORMACK ter 10 of the Atomic Energy Act covering Commission, no less than Federal judges, OF WASHINGTON atomic energy licenses. Thus whether, incor­ are pa.rt of the real world they govern and IN THE HOUSE OF REPRESENTATIVES porated in the word "regulation" or a sub­ regulate. ject deserving distinctive characterization That being the oa.se, it follows that a. com­ Monday, July 14, 1975 atomic energy licensing ls very much the bus~ mission established by Congress to deal with Mr. McCORMACK. Mr. Speaker, as a iness of the new Nuclear Regulatory Com­ a particular subject area ought also to take Member of the House of Representatives, mission and it is actively going a.bout it. cogn!Zance of basic policies of the Govern­ Section 103 of the Atomic Energy Act ment relating to that subject area. This I find I am continually utilizing publica­ governing NRC's licensing business requires com.mission does not exist as an aibstractton. tions of our many committees. In the the issuance of commercial licenses subject poverp.ment policies are pa.rt of the rea.l field of energy, the Committee on Science to such conditions as the Commission may world in which and for which It !unctions. and Technology, under the leadership of by rule or regulation establish to effectuate Therefore, it seems compelling that energy OLIN E. TEAGUE, has compiled an exten­ the purposes of that Act. As a matter of pollcies enunciated by the Government, of sive library of useful and pertinent pub­ practice, the license itself ls in the nature of which NRC is part, as a. m.a.tter of course lications. I am inserting the energy pub­ a rule. Section 103 clearly indicates that the ought to be taken into account by NRC in in­ licensing function shall effectuate the pur­ lications list of the committee for the poses of the Atomic Energy Act. These pur­ arriving at its judgments. One of the most formation of my colleagues: explicit of these policies is that the United poses a.re set forth in Chapter One of the COMMITTEE ON SczENCE AND TECHNOLOGY Act which the General Counsel's memoran­ States shall achieve energy independence at PuBLICATIONS ON ENERGY, JULY 1, 1975 dum also cites as applicable to NRC. This the earliest possible date. Chapter is in three sections. The motivation for a.ny government ac­ ENERGY PUBLICATIONS IN PRINT Section 1 declares it the policy of the tlon-judlcia.l, quasi-judicial, regulatory, Reports United States that the development, use and leglsla.tive or executive-is not remote or June 1973, Individual Action for Energy control of atomic energy shall be directed- ethereal. It relates to wants and needs and Conservation. Serial C. 22694: EXTENSIONS OF REMARKS July 14, 1975 February 1974, H.R. 11864-Solar Heating The Energy Related Aspects of Helium. ment held a ministerial level meeting on and Cooling Demonstration Act of 1974, The Electric Vehicle Research, Development June 24-25, 1975 in Paris, France. This Background and Legislative History, Serial L. & Demonstration Act of 1975. May 1974, Energy Legislation, Serial O. The Solar Heating and Cooling Demonstra­ organization is composed of scientific May 1974, Energy From Geothermal Re­ tion Program. ministers from 24 countries in Western Europe, but also includes the countries of sources, Serial Q. ENERGY PUBLICATIONS AVAILABLE FROM SUPER­ July 1974, Energy Policy and Resource INTENDENT OF DOCUMENTS, U.S. GOVERN­ Australia, New Zealand, Canada, and the Management, Serial R. MENT PRINTING OFFICE, WASHINGTON, D.C. United States. The authoritative publi­ October 1974, Secondary and Tertiary Re­ December 1972, Energy Research and De- cation Financial Times stated that these covery of Oil, Serl.al Y. science ministers accounted for four­ December 1974, Conservation and Efficient velopment-Report of the Task Force on En­ Use of Energy, Serial AA. ergy. Price: $2.35, domestic postpaid; $2.00, :fifths of the world's scientific research. December 1974, Aviation Fuel Conservation GPO Bookstore, Number Y4.SCI.2-92-2/ EE The overall theme of the meeting was Research and Development, Serial CC. ( 5270-01775), Serial EE. science and technology in the manage­ December 1974, Hydrogen as an A viatlon January 1974, Energy Facts; Price: $3.65, ment of complex problems and the final Fuel, Serial DD. Number Y4.SCI.2-93-1/H(564P), Serial H. communique was an assessment of the December 1974, Energy from U.S. and January 1974, Inventory of Current Energy Research and Development (Update); Vol. new challenges resulting from major eco­ Canadian Tar Sands, Serial EE. nomic and social change since their last March 1975, An Analysis Identifying Is­ 1-5270-02017-$9.80, Vol. II-5270-020173- sues in the Fiscal Year 1976 ERDA Budget, $3.10, Vol. III-5270-020174-$5.00, Serial J. meeting in 1971. Serial D. December 18, 1974, Conservation and the I include this final communique in the Hearings Efficient Use of Energy, House Report No. 93- CONGRESSIONAL RECORD: 1634-$2.60, Serial AA. May 3, 1973 ff, Short Term Energy Short­ COMMUNIQUE ages, No. 7. ENERGY PUBLICATIONS OUT OF PRINT (.MAY Below ls text of communique as revised May 7, 1973 ff, Energy R&D and Space BE AVAILABLE AT CERTAIN LIBRARIES) by Ministers during their final session on Technology No. 9. October 1971, Energy-The ffitimate Re­ June 25. Particular attention is drawn to May 15, 1973, Energy Research and Develop­ source, Serial J. paragraph 15, which outlines action by the ment-An Overview of our National Effort, December 1971, Briefings Before the Task OECD on the U.S. proposal for strengthenini. No.10. Force on Energy (Vol. I), Serial M. R. and D. to deal with the critical problem June 5, 1973, Solar Energy for the Terres­ March 1972, Vol. II, Serial Q. of food resources. The U.S. delegation was trial Generation of Electricity, No. 12. August 1972, Vol. III, Serial U. led by Dr. H. Guyford Stever (science adviser July 23, 1973, University Energy Research March 1972, An Inventory of Energy Re­ to the President), advised by Congressmen Centers, No. 11. search (Vols. I and II), Serial R. Thomas Downing and Charles Mosher. House Nov. 20, 1973, Research, Development and May 9, 1972 ff, Energy Research and Devel­ Committee on Science and Technology. the Energy Crisis, No. 22. opment-Hrgs. before Subcommittee on Sci­ SCIENCE AND TECHNOLOGY IN THE Feb. 4, 1974, Research on Ground Propul­ ence, Research and Development, No. 24. MANAGEMENT OF COMPLEX PROBLEMS December 1972, Solar Energy Research: A sion Systems, No. 26. 1. The Committee for Scientific and Tech­ Feb. 5, 1974 ff, H.R. 11212 et. al. and H.R. Multidisciplinary Approach, Serial Z. March 1973, Federal Government and En­ nological Policy met at ministerial level on 14172, Geothermal Energy, No. 29. 24th and 25th June under the chairmanship Feb. 7, 1974, Advanced Nuclear Research, ergy R&D Historical Background, Serial B. of the Canadian Minister for Science and No. 32. June 7, 1973 ff, Solar Energy for Heating and Cooling, No. 13. Technology, the Honorable C. M. Drury. May 23, 1974, Solar Sea Thermal Eenergy, 2. The ministers noted that the contri­ No. 41. June 19, 1973, Conservation and Efficient Use of Energy (Part 1) Joint Hrgs., Subcom­ bution of science and technology to the solu­ June 6, 1975 ff, Solar Photovoltaic Energy, tion of the problems of modern society, and No.43. mittee on Energy and Subcommittee on Conservation and Natural Resources of Gov­ to the development of the economics of their June 13, 1974, Bioconversion, No. 40. countries, as well as to the world economy, July 30, 1974 ff, H.R. 15612 Solar Energy ernment Operations Committee, No. 14. July 10, 1973, Part 2, No. 18. has been a key element and will become of Research, Development and Demonstration even greater importance. The scientific and Act, No. 42. July 11, 1973, Part 3, No. 19. July 12, 1973, Part 4, No. 20. technological resources of the OECD coun­ Sept. Z5, 1973 ff, Energy and Environmental tries, which account for over two-thirds of Standards, No. 45. Sept. 11, 1973 ff, Geothermal Energy, No. 21. Nov. 13, 1973 ff, H.R. 10952 et al., Solar the w-0rld's research capacity, are a de­ May 8, 1974, Oil Shale Technology, No. 48. terminlng factor in their ablllty to achieve May 21, 1974, Wind Energy, No. ~9. Heating and Cooling Demonstration Act­ Hrgs. before Subcommittee on Energy, No. 24. the individual and collective aspirations of Dec. 17, 1974, Synthetic Liquid Fuel Re­ their peoples and to help solve the problems search and Development, H.R. 17400, No. 52. November 1973, Energy from Oil Shale: Technical Environmental, Economic, Legisla­ facing the developing countries, including ERDA Authorization-FY 1976 Subcom­ developing member countries. The vigorous mittee on Energy Research, Development and tive, and Policy Aspects of an Undeveloped Energy Source, Serial I. research and development programs pursued Demonstration, No. 4. by the OECD countries serve to improve the Part June 1974, Review of Selected Federal and Private Solar Energy Activities (GAO), Serial understanding of the problems atrecting the Feb. 18, 1975, I. Conservation. s. standards of living and the quality o! life Feb. 19, 1975, Il. Geothermal. in such fields as energy, nutrition, environ­ Feb. 20, 1975, m. Solar Heating and Cool• COMMITTEE LEGISLATIVE REPORTS (MAY BE ment and welfare, and to provide means for lng. AVAILABLE AT CERTAIN LIBRARIES) dealing with them. Feb. 21, 1975, IV. Solar and Physical Re­ Out of print 3. Ministers recognized that in order to search. Jan. 28, 1974, Solar Heating and Cooling succeed in these aims, scientific and tech­ Feb. 18, 1975 ff, ERDA Authorization--¥Y Demonstration Act of 1973-H.R. 11864 Re- nical knowledge must be more effectively 1976, Subcommittee on Energy Research, port No. 93-769. ' applied to the definition, implementation and Development and Demonstration (Fossil June 17, 1974, Geothermal Energy Re­ content of government policies at all levels. Fuels) , No. 5. search, Development, and Demonstration Act This is all the more important in view of the Feb. 26, 1975 ff, ERDA Authorization-FY of 1974, H.R. 14920, Report No. 93-1112. complexity of problems facing today's 1976, Subcommittee on Enivronment and the Sept. 10, 1974, Solar Energy Research, De­ society. Atmosphere, No. 6. velopment, and Demonstration Act of 1974, 4. The overall theme of the meeting was ENERGY PUBLICATIONS IN PREPARATION: H.R. 16371, Report No. 93-1346. thus science and technology in the manage­ ment of complex problems. In this context, Reports ministers assessed the new challenges result­ Energy and Mineral from 011 Shale. ing from the major economic, political and Coal Utilization for Electric Power Genera- social changes since their last meeting in tion. SCIENCE AND TECHNOLOGY IN 1971. They reviewed current problems facing Advanced Transportation System. THE MANAGEMENT OF COMPLEX the research system of member countries, in Inventory of Energy R&D. PROBLEMS particular, their social and management as­ History of Federal Energy R&D. pects, the mutual responstbllities of both Energy Resources of the Oceans. policy makers and scientists, and the in­ Hydrogen Economy. HON. THOMAS N. DOWNING creased perception on the part of the public Liquefaction and Gasification of Coal. OF vmGINIA of the implications of scientific and tech­ Energy Resource Potential from the Polar IN THE HOUSE OF REPRESENTATIVES nical advance. They also considered the Regions. contributions which science and technology Survey of Solar Energy Products and Monday, July 14, 1975 could make to a better social equilibrium. Services. In the world, including the issues dis­ Energy Facts II. Mr. DOWNING of Virginia. Mr. cussed at the recent meeting of the OECD Hearings Speaker, the Scientific and Technological Council at ministerial level: Commodities Hydrogen. Policy Committee of the Organization and relations with developing countries. Methanol. for Economic Cooperation and Develop- They emphasized that in all these areas the July 14, 1975 EXTENSIONS OF REMARKS 22695 OECD's committee for scientific and techno­ tablish a broad and open dialogue between of this problem, including the training of logical policy had an important role. They the public and those responsible for scientific qualified scientific manpower. also expressed appreciation of the current and technological activities. Public under­ work of the committee, particularly in re­ standing of new technologies has become an lation to the application to science and tech­ essential factor in their acceptance and nology to the solution of social problems. therefore their utilization. Ministers ex­ MIDDLE. EAST AGREEMENT RISKY 5. The discussions centered on the follow­ pressed the wish that the OECD should re­ FOR ISRAEL ing six topics, each of which has important view the experiences of member countries re­ national and international implications: garding public participation in science and I. THE ROLE OF SCIENCE AND TECHNOLOGY IN technology. It was hoped that this initiative HON. HENRY A. WAXMAN POLICY MAKING would materially assist member governments OF CALIFORNIA to devise effective means of informing the IN THE HOUSE OF REPRESENTATIVES 6. Given the complexity of the problems public of the implications of new technologi­ facing contemporary society and the need for Monday, July 14, 1975 medium and long-term prospective planning cal developments, soliciting their reactions, to ensure the compatiblllty of options and to and engaging them in the decision-making Mr. WAXMAN. Mr. Speaker, at the anticipate future problems, ministers stressed process. time this is being written, it appears the importance of bringing scientific insight V. A NEW VISION OF NATURAL RESOURCES quite likely that the Government of Is­ to bear on general and sectoral policies of 13. Ministers emphasized the urgent need rael will accept an American-engineered governments they recognized the need for for a better husbanding of the world's nat­ the more effective use of science and tech­ ural resources, which has become a. critical interim agreement with the Egyptians. nology in the preparation and implementa­ issue. They recognized the complex nature The main feature of the agreement will tion of government policies. of the problem which should be the subject be returning to Egypt the Abu Rudeis oil 7. To this end, they saw the need to: of detalled examination. Such an examination fields and at least partial withdrawal Assess the experience of member countries should take into account all the interactions from the strategic Mitla and Giddi pass­ of the ways in which science and technology involved and should lead to a better under­ es in the Sinai Desert. In exchange for are used in shaping government policies. standing of the choices available and of their these territorial and strategic conces­ Identify the elements of broad prospective implications, including possible changes in will analysis required for medium and long-range demand for raw materials based on the po­ sions, the Israelis receive a concili­ planning, with a view to achieving a better tential impact of improved utilization and atory Egyptian statement which will in­ understanding of the relationship between new technological developments. clude a promise to refrain from military social, economic, and scientific and tech­ 14. Ministers expressed the wish that activity against Israel for a 3-year nological factors. OECD, acknowledging that the nature of the period. Promote the integration of social sciences issues at stake requires the involvement of Certainly on the surface the Israelis in the policy-making process. other international organizations, at both do not appear to be getting a very "good II. THE MANAGEMENT OF THE RESEARCH SYSTEM regional and world level, would encourage deal." We know that the interim disen­ studies in this direction. Furthermore, they 8. The ministers recognized that the re­ underlined the strong interdependence be­ gagement proPosal is unpopular in Israel search system cannot be geared solely to the tween industrialized and developing coun­ and has been resisted strenuously for short-term problems of society and empha­ tries and the consequent need to establish some time by Prime Minister Yitzchak sized the need to ensure that the overall mutual cooperative efforts in this field bear­ Rabin. What then accounts for its final capacity of the system should be sufficiently ing in mind the global perspective. acceptance? The answer: irresistable :flexible to accommodate research on both 15. In connection with the critical prob­ short and long-term problems. The leveling pressure from the United States. lem of food resources, they noted with in­ President Ford and Secretary of State off of resources allocated to research and terest the proposal by the United States on development, observed in several member the need to promote food research and de­ Kissinger made it clear that Israel's re­ countries, makes it difficult to ensure this velopment. They invited the Secretary-Gen­ quest for $2.5 billion in military and eco­ fiexiblllty which calls for examination of the eral to prepare specific proposals in this area. nomic aid would not even be considered problems involved, especially as far as re­ in consultation with the OECD committees in Washington until some agreement search structures and mobility of scientists concerned, and taking account of on-going with the Egyptians was reached. are concerned. work in other international organizations According to Israel press sources, U.S. 9. The ministers agreed that efforts should notably F .A.O. and in the light of the delib­ be made, particularly at national level, to pressure went beyond the threat of with­ erations of the forthcoming OECD meeting holding aid. Mr. Ford is alleged to have provide a better basis for decision-making by of directors of agricultural research. strengthening capabilities for the analysis told Rabin that in the absence of prog­ and interpretation of research and develop­ VI. INTERNATIONAL COOPERATION ress with Egypt, Isra.el could expect to ment data. They further recommend that 16. Acknowledging that OECD countries find itself alone at a reconvened Geneva OECD should examine methods to increase carried out the major proportion of science parley. Though this report may be some­ the efficiency of the research system, and the and technology activities and taking into ac­ what exaggerated, it is not inconsistent management problems which arise from count the growing complexity of the prob­ changes in levels of research and develop­ lems facing society, ministers stressed the with well-publicized U.S. policy state­ ment funding. need to adapt current arrangements to en­ ments. sure better international cooperation in sci­ What risks is Israel taking? The dan­ ID. SCIENCE, TECHNOLOGY AND SOCIETY ence and technology, notably on the basis of gers lie primarily in the military implica­ 10. The ministers recognized the need to bilateral and multilateral arrangements. tions of the retreat from the Sinai passes. ensure that the increasing emphasis on re­ They considered that greater emphasis search directed towards social objectives should be placed on cooperation between Only with access to the passes do the leads to a better application of science and member countries in interdisciplinary fields. Arabs have land access to the eastern technology towards social needs in areas 17. Conscious of the special responsibilities portion of the Sinai Desert. The extent such as environmental protection, mass of their countries· toward the developing na­ to which Israel will be able to monitor transportation, urban planning and the tions, ministers agreed on the importance of military activities through or near the humanization of working conditions. They developing a broader perspective in the con­ passes has not been made public. Some also agreed that policies for the stimulation duct of their national research and develop­ rumors have mentioned the possibility of of technology must take into account pos­ ment programs. They recognized that a new U.S. personnel monitoring the electronic sible undesirable social effects. pattern of international relations was devel­ 11. The ministers emphasized the impor­ oping, based on interdependency, in which surveillance equipment. I doubt whether tance of promoting a closer association of exchanges mutually beneficial to all coun­ such an agreement would be acceptable the natural and social sciences, particularly tries could be achieved. Ministers expected or desired either by Israel or the United in addressing problems requiring a broad that the forthcoming 7th special session of States. Regardless of the details, in yield­ inter-disciplinary approach and perspeotive. the General Assembly of the United Nations ing the passes, Israel will also yield some They pointed to the need for better under­ would offer a further opportunity to discuss substantial measure of protection against standing of the factors involved in the con­ problems of science and technology in a glo­ Egyptian military activity in the Sinai. duct of inter-disciplinary research aimed at bal context. For those of us concerned about Israeli solving social problems. In this connectioo, 18. Ministers agreed on the necessity to ac­ security, the most frightening prospect is since the social sciences have a.n essential tively reinforce cooperation between their countries and the developing world, with a that of a series of agreements made un- role in the understanding and management der coercion from the United States. Is­ of the problems of society, ministers expressed view to facmtating the transfer of, and ac­ the wish that OECD would intensify its work cess to, appropriate technologies in order to rael would desperately like some assur­ on the development and utllization of these satisfy the needs of developing countries ance from the United States that we will sciences in relation to policy-making. more effectively and to strengthen the scien­ not press for disengagement in the Golan tific and technological capab1lities of these Heights or West Bank while the ink on IV. THE NEED FOR PUBLIC INVOLVEMENT countries. They therefore invited OECD to the agreement with Egypt is not yet dry. 12. Ministers recognized the need to es- pay special attention to the va.rloWI aspects Israel has never wanted a step-by-step, 2269\6 EXTENSIONS OF REMARKS July 14, 1975 country-by-country, treadmill of agree­ of generation that comes from nuclear FoOTING THE BILL ments violations, and new agreements. power. (By Bob Shraluka) And this very company is one of the rea­ President Gerald Ford was a couple-hun­ For more than a quarter of a century she sons why this is so. has sought a permanent and comprehen­ In my view this means that we will con­ dred per cent right when he said last week sive peace with all the parties of the that Congress "did nothing" in the way of tinue to be in the vanguard as this nation energy-conservation legislation. region. She has always preferred direct works its way out of the energy crisis. It appears we must go nuclear for a. larger He may also have been right when he said negotiations to big power brokerage. . his latest imposition of a $1 per barrel in­ The administration and some media portion of our total energy needs, for the simple reason that there are not sufficient crease in the oil ta.rill wlll cut imports (he sources have begun to depict Israel as estimated a cut of 50,000 barrels per day unreasonable and intransigent. One has supplies of fossil fuels of the proper kinds this year). to meet our energy needs in years to come. . .. And he was probably just as right only to recall the PLO bombing in down­ If nuclear fuel presents problems for us­ town Jerusalem last week, the continual and it does present very real ones-they are when he said the U.S. energy situation is harrassment and terrorism and the four not beyond solution. worse today than it was in January, when he first announced his three-stage hike back in wars in less than three decades to realize If our American technology cannot solve January. why the leaders of Israel are so reluctant them for us soon enough t.o keep pace with But will someone please explain to us why to take changes. Who in their place our nuclear energy needs, then the record of it's always the poor working slobs from would act differently? technical advance over the past 100 years Seattle to Fort Wayne, from Decatur to in America ts of no value at all. Lewlst.on, Maine who get stuck with footing We are going to have to make enough ad­ the b111? justments in our lifestyles as it 1s because The latest oil tariff increase will hike reta.11 of the cost and availabllity of energy in our gasoline prices by a penny and a half a gal­ GOVERNOR GODWIN DEDICATES day. NUCLEAR FUEL FACILITY lon after going into effect June l, and any­ For the short run, our only hope is to con­ one who knows how to apell Gulf Oil Com­ serve our usage of energy. None of the al­ pany or Exxon knows good and well the HON. M. CALDWELL BUTLER ternatives t.o the fl.ow of oil from the Mid­ price 1s going to go up at least two cents, dle East will be a.valla.ble t.o us in time or in and maybe three or four. The on companies OF VIRGINIA sufficient volume to make this nation self­ have a way of doing things along that IN THE HOUSE OF REPRESENTATIVES susta.1nng in energy for at least another order-jacking up the costs more than ex­ decade. Monday, July 14, 1975 pected and blaming in on a visible scapegoat, And so I feel that ea.ch of us must under­ in this case the Ford program. Mr. BUTLER. Mr. Speaker, Virginia's take a personal energy conservation program . . . Ford also said he plans to submit t.o Gov. Mills Godwin on May 13, 1975, dedi­ until we pull ourselves out CY! the present Congress a. plain to gradually remove price bind. controls from domestic oil, which would add cated a new nuclear fuel facility at the But in the meantime, It seems to me we Babcock & Wilcox plant in Lynchburg, stm another nickel a gallon to gasoline prices must drive a.head with nuclear development, within two years. Along with it, the president Va. Babcock & Wilcox is one of ti;ie where we need not depend on any foreign said, will be a request that Congress pass a leading suppliers of nuclear reactors m power for our basic energy source. windfall profits tax with provisions encour·· the Nation, and I am pleased that they Beyond the first generaitlon plants we have aging oil companies to plow their new gain,. have been able to expand their activities here in Virginia and elsewhere, there is the back into additional energy production. in response to our energy shortages. breeder reactor already under development Whether both the decontrol and windfall which produces usable nuclear fuel even profits tax a.re submitted together remains to As Governor Godwin points out, Vir­ as It consumes fuel. ginia is one of the leading States in the be seen: for now, we will remain skeptical, Under heavy experimentation ls the fusion since there has been a. lot of talk about a development and application of nuclear reactor which will join at.oms together rather windfall tax for some time-with nothing power, and I join him in congratulating than spllttlng them apart and utilize Iso­ done so far. Babcock & Wilcox for the role they topes of hydrogen, of which the oceans offer Whether the many congressmen in the have played in this. a virtually unlimited supply. pockets of the oil companies will a.now such I found the Governor's remarks very And so I predict a bright future for this a tax remains to be seen. And what a.bout division of Babcock & Wilcox. all the staggering profits the oil companies informative, and in order to share them And I trust that the pattern of the Imme­ with my colleagues I am inserting them have been raking in for the last year or so? diate past will continue and that Virginia ... There is no questioning the fact that in the RECORD at this point. will prosper as you prosper. this country's huge dependence on foreign otl The remarks follow: Again, I am delighted. at the chance to ls a shaky position in which to be these days. REMARKS BY MILLS E. GODWIN, JR. be with you for yet another evidence of in­ But with prices soaring and unemployment I am delighted that one of our major cor­ dustrial growth in the company and another rising, ls our oil dependence so tenuous that porate citizens in Virginia ls adding to its assurance that the people of Virginia can we must make a move which obviously fans capital investment and to its working space look forward with confidence to their per­ the flames of lnfiation? at a time when so many other industries sonal economic future. Is Ford's new tariff hike needed now, in elsewhere seem to be cutting back instead. the middle of all the other problems the This has been the pattern of industrial average American faces? And will it really advancement in Virginia for the pa.st quarter reduce to any measurable degree the a.mount of a century. I hope it will be as encouraging FOOTING THE BILL of imports? to you as it was to me that our unemploy­ What a.bout the guy from Decatur who ment figure, which was already one of the makes a round trip to the Harvester in Fort lowest in the nation, actually declined by HON. PHILIP R. SHARP Wayne every day? He's already in a car pool, more than 25,000 persons in the month of OF INDIANA and he has to get to work. So wlll an increase April. in oil prices reduce his consumption, or I hope and trust that this is the begin­ IN THE HOUSE OP REPRESENTATIVES simply force him to pay more to get to his ning of the upturn we have all been look­ Monday, July 14, 1975 place of employment? ing for. ... And what about the people in Los An­ This is a diversified company with a.11Uiates Mr. SHARP. Mr. Speaker, the Presi­ geles, where the corner grocery ls five miles and plants in a number of states and for­ dent has announced his intention to sub­ down the freeway. Are they really going t.o eign nations. But if I had the chance to se­ mit to the Congress a plan to gradually travel less, or simply pa.y more to get where lect the ones that might be located in Vir­ decontrol the price of oil. This action ls they're going? How a.bout the truck drivers, ginia., it would surely have been the nu­ directly at odds with action recom­ the traveling salesmen, the other hundreds clear power generation division and its nu­ of thousands of people whose vehicle is a mended. by the House Interstate and necessary evil of their job? clear fuel division here in Lynchburg. Foreign Commerce Committee In H.R. Among the other unheralded and virtual­ Practically every product made in this ly unknown facts about the resurgence of 7014 to be considered by the House on country today ls tied into oil ln one manner the South are the figures 1ndlcatlng that our Tuesday, July 15. Many of my colleagues or another. So lt's going to be more than region provides about 80 per cent of the na­ share my concern about the impact of just figures on the gasoline pump which will tion's energy supplies and consumes only higher gasoline and oil prices on the be rising. Shraluka, writing It seems to us it's going to take more long­ about 3 per cent. economy, and Mr. Bob range planning, more innovative thinking to Here in Virginia we are even more future­ in the Decatur Dally Democrat has some make any real changes in America's depend­ orlented. because our electric utllities are comments we might all profit from. ence upon foreign oil. A Uttle more gouging among the nation's leaders in the percentage The comments follow: of the wallet of Joe Jones out in Middle July 14, 1975 EXTENSIONS OF REMARKS 2269.7 America doesn•t seem to be any real slgn1f- -~ - ' t~er Mr _Corps omcer .who served wltb. ,Claude (Spud) Taylor, a pilot arid a ·white 1cant solution. -Chapple In the 19408 and lalter knew the gen- man from Texas who stepped up, introduced eral In ·waahlngton, commented recently on himself 1n his Southern drawl and welcomed the general's faith in an often-inefficient and Chappie to the base. often unfair system. Taylor was shot down over Korea and "we THE AIR FORCE'S CHAPPIE JAMES "Chapple's faith In the ultimate rewards later heard that he was shot In the back of of the system is remarkable... he said. ,. A lot the head with his hands tied behind his of the men didn't have the faith, patience back," Chappie recalls. HON. MELVIN PRICE and perseverance to stay in the service then ... But Chappie's second son, now in the·u.s. "Paith, patience and perseverance-all of Army, was named Claude. OF ILLINOIS which are applicable to Chappie James." And young Claude's nickname? Spud, of IN THE HOUSE OF REPRESENTATIVES Another black man who worked within the course. Monda11. Jul1J 14, 1975 system, Detroit Mayor Coleman Young, knew In the 1960s, Chappie voluntered for com­ Chappie during the World War Il years. bat duty in Vietnam. There he served as vice Mr. PRICE. Mr. Speaker, the following "Chappie ls one of the most remarkable commander of the 8th Tactical Fighter Wing, article appeared in a recent article of men and best fliers I've ever known," the commanded by an Air Force Ace, one of those the St. Louis Globe-Democrat Sunday mayor said. "He always had a tremendous legendary pilots, Brig. Gen. Robin Olds (ret.). magazine, and carrled a feature article command of men. I'm proud to call him my He flew Phantoms with Olds on the famous friend." 1967 raid when the wing set a record by on my good friend Chappie James who at Chappie James, the youngest of 17 chil­ shooting down seven North Vietnamese Mig- the time was Vice Commander, Milltary dren, was born in 1920 in Pensacola, Fla., 21 jet fighters in a single day. Airlift Command. Scott Air Force Base during an era when it was relatively uncom­ War correspondents couldn't pass up the in Belleville, DI. fortable to be a black kid in the American pun, and Chapple and Olds became the d&Te­ As the article indicates, Chappie James South. devU team of "Blackman and Robin". has earned the reputation of being one The general remembers that era. "Chappie is a unique man, a remarkable of the most hardworking and insightful "I felt the rebutf of the signs that said man," Olds said recently from his retirement •colored' and 'white' on the water fountains," home in Steam.boat Springs, Colo. individuals in the American military. In he once recalled, "and because of this I'd But while Chappie was flying Phantoms, whatever capacity he has served, Chappie never drink water downtown. And there were civil rights demonstrations were developing James has had the respect and gratitude the benches for whites and the benches for into riots in the states, and a candid Chapple of everyone who has known or worked colored in the park--so I wouldn't sit on James did not hestltate to speak out when with him. As most of you know, Chappie any of them." he felt something should be said: James was just accorded his fourth star A touch of rebelllon there, perhaps, for a "I'm not a nonviolent man. I'm a fighter. and designated as Commanding General man who says he is proud to be a member But I respect the law of this country. There's of the establishment, but explains by that no excuse for rioting and stealing. A thief is of NORAD. that he means "established law and estab­ a thief, and in the end everybody loses." At this point in the RECORD I include lished j ustlce." "Stokely Carmichael is a big mouth who is the article on this remarkable man: Chappie grew up in the shadow of the making a profession out of being a Negro, THE Am FORCE'S CHAPPIE JAMES mammoth U.S. Naval airbase in Pensacola, and he's got no damn bu.sin.ess speaking for (By Paul J. Beimer) and ls often asked how he ended up in Army me. This black power garbage ls for 1;.he Air Corps flight training. He explains that birds." Wherever they gather-those members of blacks at the time were not allowed to train "What I really don't buy is that back-to­ that select fraternity of the arrogant and the for "skilled" positions in the Navy. Africa stu1f. I'm not an African im.migrant. elite-the talk is usually of deflection shots "I didn't want to be a cook," he said. I'm an American with several generations be­ and dead-stick landings, Immelmann turns "I wanted to fly." hind me in my country." and Lufbery circles, dogfights and ditching In 1943, after had had received his bach­ "If something 1s wrong with my country and unending tales of aerial derring-do. elor's degree from Tuskegee Institute in Ala­ right now, I'm willing to hold her hand for From Eddie Rickenbacker to Robin Olds, bama, Chapple was commissioned a brand a while until she pulls out of it and gets the American fighter pilot has enjoyed hiS new second lieutenant. He was posted for right." lone-eagle reputation as the shining knight combat flight training to Selfridge Field, And when the mllitant Black Panthers of the 2oth Century. Mich., where he made the first installment began generating publicity for their violent His press releases, his legend, demand that in paying his civil rights dues. acts in the states, Chappie said: he sport pencil-thin mustache and a silken Refusing to accept Selfridge's segregated "I was called the black cat (in Vietnam). I scarf; that he fear nothing, laughing at death conditions, Chappie and about 100 other had it on my plane and on my helmet." at full throttle in some foreign sky; that he aviation cadets staged a civil rights demon­ "Then those other Black Panthers got paint a ridiculous nickname on the sides of stration. The entire group was arrested and started, and I said: 'That Black Panther ls his airplane, and that he fly that airplane scheduled for courts martial. another breed of cat; this Black Panther by the seat of his pants. "Hell," he recalls today, "I was in the fights for his country'." On the ground, he is expected to raise hell, original sit-in." And he kept his sense of humor, noting have Uttle respect for authority and con­ But the NAACP sent its legal counsel, now­ that he wore a black flight suit because "it sume Scotch whiskey nearly as fast as his U.S. Supreme Court Justice Thurgood Mar­ adds to my natural camouflage and lets me machine consumes aviation gasoline. shall, to defend three of the cadets in test zap around that country with impunity." Such is the legend, Hollywood style. cases. By 1970, Chappie was a full colonel and At Scott Air Force Base, in a thickly-car­ "He got the courts martial thrown out," was beginning to receive some good news in peted office at the headquarters of the Mlll­ Chappie recalls. "And Truman later issued his career. But within a brief period that year, tary Airlift Command, sits an old fighter a presidential order telling everyone to obey he was reminded that one of his battles was plane jockey who has earned as much of that the regulations against segregation." not yet over. legend as anyone. "But it was a hollow victory ... we felt In 1970, Chappie received his first star, Lt. Gen. Daniel (Chappie) James Jr., MAC that of a brigadier general. vice commander, has spent more than 20 that somebody should have gone to jail." After World War II, Chappie was one of He was named a deputy assistant secretary years in fighter planes through two American very few black fliers who chose to remain in of defense. wars. But press releases on the career of the service. He would remain a first lieu­ He was named "Man of the Year" by the Chappie James would require scant reference tenant for seven years, flying P-51s and mov­ Kiwanis Club in Pensacola, Fla. to silken scarves, riding breeches or dawn ing on to F-80 Shooting Stars, t!le first opera­ But he was refused ad.m1ttance to a Pensa­ patrols. tional jet aircraft in the Air Force. cola night spot because of his race. Of course, Chapple James has been there­ In 1949, Chappie was posted to the Phllip­ But beginning that year, the stars began fiylng P-51s and F-80s . in Korea, dueling to fall on Chappie James. In 1972, he received Mig-21s in his McDonnell Douglas Phantom pine Islands as a flight leader with the 18th Fighter Wing. They tell a story about Chap­ his second star, that of a major general. In jet fighter in Vietnam, flying 180 combat 1973, he reached his current rank, wearing mission in his 30-year Air Force career. pie and the Ph111ppines, a story which reveals a lot about this three-star general. three embroidered silver stars on each But Chappie James ha.s stuck to his guns shoulder of his tailored, sky-blue Air Force in another battle also, and he appears to It seems that soon after Chappie arrived have earned himself one thick slice of what in the islands, he put in an initial appear­ tunic. used to be called the American Dream. ance at the base officers' club. As Chappie Last year, he received his assignment to For Chappie James ls a black man, the approached the bar, silence fell over a sud­ Scott Field-a fighter jockey now flying those highest-ranking black man in American denly-tense room and many white patrons "big birds" and loving it. uniform.. began to back slowly away. Congressman Diggs recognizes that there And Chappie wore that uniform when a It was a scene which wouid be repeated a.re those who say that Cha.ppie's promotions black pilot's enemies weren't only the guys many times in the 1950s and 1960s, at lunch were accelerated because he was a black man firing North Korean anti-aircraft guns or counters and bus stations across the coun­ in a time when the Air Force was looking for flying North Vietnamese Mlgs. try. black men to place in command positions. Congressman Charles c. Diggs Jr., D-Mich., But the tension was shot out o! the air by "Actually," Diggs said, "1! Chappie had been 22698 EXTENSIONS OF REMARKS July 14, 1975 whit.e,_ he would've retired as a four-star us .all. Moreover, there already exist al­ 8. Household Waxes and Polishes: Substi­ general a long time ago. Cha.ppie has the t.ernatlves which could ellminat.e up­ tut.es: squeeze . tubes; metal, pla:;tic and comm&nd qualities." wards of 80 percent of all propella.nt.s glass containers. And Chappie himself is buying none of that 9. Laundry Products: Substitutes: plastic theory either. we now consume. and glass bottles; paper cartons; composit.e "I always figured I had the tickets," he said. I would like to submit for the RECORD cans. "But it's a combination of sklll and luck ... two articles which address this very to. Insecticides: Substitutes: containers the wars, the right kind of missions, and critical situation. The first 1s from the using mechanical spray pumps; (fiit guns); there's never enough stars to go around." Coop News, the weekly newspaper of the paper or plastic chemical bug killers; glass "There was a time I didn't think it was Consumers Cooperative which operates and metal containers; shaker top composite possible. I once thought I had stalled out stores in the Bay Area of California. In cans. at colonel. But the A1r Force has always led 11. Automotive: Substitutes: containers the rest of the services, not to say society the News of July 7, 1975, the Coop board using mechanical spray pumps; metal spout in genera.I, in ma.king a way of life." announced that these stores would phase cans; impregnated paper; glass, plastic and For the future, Chappie feels that "there out their supplies of aerosols and no metal containers. isn't much further I could go. There aren't longer offer them for sale. Additionally, 12. Paint: Substitutes: squee7.e tubes; any five star generals any more." there was printed the following story, metal cans, glass jars. But there are four-star generals, and the "What To Use Instead of Aerosols," Air Force would surprise no one if the kid which should be of interest to Members from Pensacola, the black panther of Viet­ and their constituents. nam, the fight.er pilot without scarf or riding THE BIG SOCIAL SECURITY RIP-OFF breeches, became one of them. I am also enclosing a list of alterna­ tives to aerosols whlch was included in the IMOS Report: HON. JOHN CONYERS, JR. WHAT To USE INSTEAD OF AEROSOLS OF MICHIGAN (By Judy Heckman) WHAT TO USE INSTEAD OF IN THE HOUSE OF REPRESENTATIVES AEROSOLS Recently there's been a. lot of discussion about one group of aerosol propellants, the Monday, July 14, 1975 fiuorocarbons. Usually called freons, these Mr. CONYERS. Mr. Speaker, the Social HON. GEORGE MILLER aerosols are thought to damage the earth's prot.ective ozone layer. While it is said that Security Act since its inception in 1935 OF CALIFORNIA only about one-ha.If of the aerosols produced has never really fulfilled its mandate of IN THE HOUSE OF REPRESENTATIVES each year contain these particular propel· freeing our Nation's elderly who lack Monday, July 14, 1975 lants, there is no way for shoppers to know independent means of support (rom the which they are. But, even without the ozone specter of poverty, insecurity, and fear. Mr. MILLER of California. Mr. hazard, all aerosols pose personal health a.nd More than 5 Yz million Americans 65 Speaker, the Federal Task Force on In­ safety hazards, all involve excessive packag­ years or older subsist on incomes below advertent Modification of Stratosphere-­ ing which wastes the earth's natural re­ the poverty level. This is unconscionable. IMOS-has just released its report. sources, nearly all are poor consumer values. How has it come to pass that we Amer­ IMOS is a highly professional group So, think aerosol alternatives! icans tolerate the impoverishment of comPosed of representatives from agen­ WHAT CAN I USE INSTEAD? our older citizens who contributed their .cies involved with scientific, environ­ Plenty! Alt.ernatives a.re right there on the lives to the productivity of our country? shelves. Oft.en they're overwhelmed and hid­ These poverty-striken elderly Americans mental, and related matters. Participants den by the vast array of their aerosol pack­ include, among others, the Federal Coun­ aged count.erparts. fulfilled their obligation to us and now cil for Science and Technology, the Coun­ we turn around and renege on our respon­ cil on Environmental Quality, the Na­ MAKE YOUR OWN sibility to them. You can make some non-aerosol low cost It is indeed curious that the United tional Institute of Environmental Health cleaning products at home. Keep out of reach Sciences, and the Environmental Pro­ of children. States stands alone among Western tection Agency. , Furniture Polish: Ya cup bolled linseed oil nations in not providing economic secu­ I believe that the oonclusions of this (you buy it bolled), Ya cup turpentine, Ya rity for all of its citizens, constitutional report are of the greatest significance cup vinegar. ideals, legislation and presidential pro­ to the American people and, therefore, to Ovens: Try to avoid spills in the first place. nouncements notwithstanding. this Congress. As a cosponsor of H.R. For wiping up spills use 1 tablespoon vinegar The time has come to legislate a new 4327, which would mandate a year-long plus 1 quart water or place Y2 cup ammonia concept of economic citizenship and in a closed, warm oven. Leave overnight and social justice which not only provides for study of the impact of aerosols on envi­ wipe up the grease in the morning. ronmental quality, I look upon the IMOS Windows: For inside grease-Y2 cup am­ a decent retirement of our older citizens report as being extremely valuable. One monia plus 1 gallon water. For outside water but which also guarantees employment of the conclusions which all Members of spots-Y2 cup vinegar plus 1 gallon water. to all Americans able and willing to work, this body should keep in mind is that, Other idea: 2 teaspoons kerosene plus 1 adequate unemployment compensation to "there seems to be legitimate cause for quart water, 2 teaspoons borax plus 1 quart those temporarily displaced from work serious concern" about the destructive water, 1-2 teaspoons washing soda plus 1 and sufficient income-maintenance to impact of fluorocarbons used in aerosols quart water, 1-2 teaspoons tri-sodium phos­ those unable to work. upon our atmosphere. phate plus 1 quart water. Barbara Koeppel has written a dev­ astating article on the failures of social Mr. Speaker, the United States con­ PRESENT NONAEROSOL SUBSTITUTES FOR PROD­ sumes a billion pounds of fluorocarbons UCTS USING AEROSOL PROPELLANTS? security and on needed remedies, which appeared in the August issue of Progres­ a year. Indeed, fluorocarbon production 1. Shave Lathers: Substitutes: squeeze has been doubling in this country every tubes, soap and mug. sive magazine. I strongly urge its study as 6 years. A direct impact of this increas­ 2. Hair Care Products: Substitutes: con­ well as prompt action on behalf of our ing usage, which may be of "considerable tainers using mechanical spray pumps; elderly citizens. The article follows: significance" to people's health, is the squeeze tubes; glass and plastic bottles and THE BIG SoCIAL SECURITY RIP-OFF jars. (By Barbara Koeppel) steady shrinking of the ozone layer sur­ 3. Medicine and Pharmaceuticals: Sub­ rounding the Earth since 1970. stitutes: squeeze tubes; glass and plastic Getting old in America is a rip-off. When I believe it is important to note those bottles and jars. not being actually abused, as the perennial products in which fluorocarbons are most 4. Colognes and Perfumes: Substitutes: nursing home scandals prove, the old are prevalent. Household products are re­ containers using mechanical spray pumps; perpetually cheated--cheated by a Social atomlzers; glass bottles. Security system which promises golden years sponsible for 23.2 percent of all propel­ but delivers endless deprivation. lants used in the United States. Personal 5. Personal Deodorants and Anti-Perspir­ ants; Substitute: roll-ons a.nd stick deo­ For a fortunate few the American dream products, such as shaving lather, per­ may be reality. A small number of America's fumes, and deodorants, represent 50.1 dorants; glass jars. 6. Room Deodorants and Disinfectants: upper-income elderly live quite well. Armed with property, stocks, bank accounts, and percent of all propellants sold. Substitut.es: glass bottles; metal and plastic It is very important to recognize that private pensions, they feel no drop in their containers. standard of living after retiring. Their pre­ while many of these products have be­ 7. Household Cleaners: Substitutes: con­ retirement tastes and fancies are indulged, come common to millions of Americans, tainers using mechanical spray pumps; exactly as before. Social Security benefits they do pose a danger to the health of metal, plastic and glass containers. mean little. July 14, 1975 EXTENSIONS OF REMARKS 22699 For most Americans, however, the children women at fifty-five can retire and receive pay $65 billion in retirement and Medicare who a.re tradition.ally expected to help their 70 per cent of their final earnings. benefits to 26 million retired or disabled aging pa.rents a.re struggling to make their Another way to see how badly off .our workers, their survivors, and dependents. own ends meet. Savings (if there were some) elderly are is to look at how income is dis­ In the original scheme devised for Presi­ are drained in pre-retirement crises. Social tributed in this country. All Government dent Franklin D. Roosevelt, the Government, Seourity benefits, even with Medicare, are claims to the contrary, the poor-of which employers, and employes were all to share hopelessly inadequate. the aged are proportionately the largest the costs. Roosevelt immediately rejected the For the poorest, the system is perhaps the group-are just as poor now as they were plan, insisting the Government be omitted, cruelest. As Social Security benefits rose after in 1947. At that time, the lowest fifth of the completely. Some form of compulsory in­ 1972, eligibility for other government pro­ population received 5 per cent of the na­ surance might meet his and Congressional grams dropped. The extra few dollars in each tional income, while the upper fifth enjoyed approval, but only if it was totally self­ monthly check were enough to push the 43 per cent. Twenty-five years later (in supporting. The bill was amended, the Gov­ elderly poor over the income limits for pro­ 1972), the lower fifth still received 5 per cent ernment written out; it was then passed by grams like Medicaid, which gives free hospital and the upper fifth 41 per cent-a stable Congress and has remained intact ever since. a. •.1.d medical ca.re to the indigent. In Mary­ scene by any standards. The aged, if any­ Today, forty yea.rs later, the reading in land, for example, income limits for Medic­ thing, lost ground during those years. For Washington is the same. Faced with mount­ aid are frozen at the 1967 levels of $1,800 a. while they accounted for 30 per cent of the ing problems in making the ledger balance year for an individual and $2,300 for a couple. poorest fifth in 1952, by 1972 their proportion revenues With benefits, and with demands Those who receive the average Social Secu­ rose to almost 33 per cent. from some Congressmen for an infusion of rity benefit today are too rich to qualify. Social Security's original architects, as well funds from general revenues (this year $3 And though that state passed a law protect­ as current advocates, insist that old age billion more will be given out in benefits ing the elderly already receiving Medicaid benefits were never intended to be the than will be collected in contributions), from being dropped from the rolls because of elderly's sole support. But only a third of President Ford stands firmly on orthodox Social Security hikes, those just turning the married couples and a sixth of single ground: The system shall remain sel:f­ sixty-five are out of luck. people drawing Social Security payments are sustaining; other sources must be found to According to Social Security statistics, the also receiving other pensions. When retire­ ease the drain on reserves and create a work­ average benefit paid to individuals is $2,256 ment income is compared to earlier earnings, able balance between input and outflow. a year-less than the current poverty line, almost 80 per cent find they must live on Predictably, thos.e other sources are the which is set at $2,360. Couples do somewhat less than half the income they had just workers, again, through high taxes on wages better, with an average annual payment of before retiring. Once those long awaited and payrolls. James Cardwell, Commissioner about $3,744. While this is above the $2,980 monthly checks start arriving, necessities of Social Security, is convinced that the only poverty line for couples, it 1s still not high are transformed into luxuries. way workers can keep their sense of dignity enough to meet "lower level" needs, which A visit to a senior citizen center is un­ and self-respect ls "by preserving the sys­ require $4,215. settling. With slight variations, the script tem of wage-related benefits." Elected officials are quick to point to the is the same. What present and past administrations increases in benefits which were legislated About food: "Well, I guess I don't need have failed to consider is the llnk between over the last few years, but neglect to cal­ much anymore," or, more frankly, "I just the nation's economic health and Social culate the cost of inflation. Though checks don't know how I eat." Clothing? "I don't Security receipts. Without the one, the other are indeed larger than ever, the elderly a.re mind fixing up something that someone is impossible to maintain, for in periods of actually poorer. According to a study by gives me," or, "The center has some lovely economic stagnation, profits plummet and "'Bankers Trust of New York, while the 1972 clothes for us from a cleaner who sends the unemployment soars. Add to this chronic Social Security amendments provided for things no one claims." Housing? "Well, it's dilemma a declining birth rate and tech­ benefits to be raised by 11 per cent, as well not a very nice neighborhood, but it's all nological advances that demand more as for future cost of living increases, the right inside, except for the roaches.'' Enter­ equipment. The result--fewer workers, dollar 1s worth twenty-seven cents less today tainment? "Simply can't be had, even with fewer paychecks, fewer Social Security con­ than in 1970. Since retirement benefits are the discounts we get," or, "There's some here tributions, and a system headed for bank­ up only eighteen cents on the dollar, the at the center, and that just has to do." ruptcy. elderly's purchasing power has dwindled. by Vacations? "Out of the question." And doc­ The financing of Social Security benef'ts 9 per cent. tor bills, "I get Medicare, you know, but works this way: Workers' contributions a.re Former Federal Budget Director Roy Ash somehow, I'm always paying anyway," or, matched by an equal amount from em­ claimed that "our country has been more ployers. And since the number of elderly "Don't ask.'' has steadily grown, the amount of those con­ compassionate toward those in need than any Though these older people may eat little, other country." A comparison with other in­ tributions has jumped from 1 per cent of food costs, particularly on low budget wages and payrolls in 1937 to 5.85 per cent dustrialized nations, however, proves he ls staples, have soared. Since 1972, when Social mistaken. A report prepared ten years ago at present. cemngs are placed on the amount Security benefits were raised by 40 per cent, of income to be taxed, initially set at $3,000 for the Joint Economic Committee disclosed. rice rose 124 per cent, lunch meat 50 per that at that time, the Common Market coun­ but raised to the current level of $14,100. And cent, dried beans 40 per cent, and margarine until recently, when Medicare was intro­ tries spent between 13 per cent and 14 per 63 per cent. cent of their national income on welfare pro­ duced, the Government paid absolutely In housing, while there are some apart­ nothing. Now, under this program, it matches grams, while Britain spent 10 per cent, Swe­ ments for the old in the public stock, it den 9 per cent, and the United States 4.8 the individual's monthly premium of $6.70 may take two or more years to get one. And for medical insurance, for a total outlay in per cent. The reason this country placed last the new apartment complexes for the elderly, the report concluded, was because the others 1974 of $2.9 billion. It also coughed up a subsidized with government funds to keep fixed sum in 1968 for benefits for a small had broader sickness and maternity bene­ rents down, range, in Baltimore, for ex­ fits and all had family allowances, while the number of old people who did not qualify for United States had none. But it predicted that ample, from $83 to $106 a month for effi­ Social Security. Medicare, on the drawing boa.rd at the time, ciencies, and $110 to $142 for one-bedroom By comparison, the governments of most would surely close the gap. units. Unless other basics, already whittled of the other industrialized countries con­ A full decade later, the facts reveal just to the bone, are cut further, these rents are tribute substantially to old age pensions­ the opposite. An updated report prepared by clearly impossible for most Social Security England contributing 25 per cent and West HEW's office of Research and Statistics re­ beneficiaries. Germany 15 per cent. In Sweden, where the vealed that while each country increased its In fact, the way in which the Social Secu­ elderly get both a general plus an earnings­ total expenditures for all social security pro­ rity program was designed in the 1930s as­ related pension, the government foots 70 per grams, the gap between the United States sured from the start that it would be inade­ cent of the tab of the first with pensioners and the others had widened. By 1971, Swe­ quate and unfair, with workers carrying by paying the rest during their work yea.rs. den and the Netherlands earmarked 22 per far the largest share of the burden of the Employers pay the total amount of the cent of their gross national product (GNP) nation's elderly, and the well-to-do paying second. for these programs, the Common Market proportionately little. If the early German Every element of the U.S. Social Security countries between 18 per cent and 19 per system on which it was modeled was any system-workers• and employers' contribu­ cent, Canada 13.5 per cent, Britain 12.5 per indication, it was only a question of time tions, cellings above which income is not cent, and the United States 10.8 per cent. before Social Security would be in financial taxed, almost zero Government input, and The only industrial country spending less trouble. constant wage and payroll tax hikes-estab­ was Japan, with nearly 6 per cent. While many consider deductions from their lishes Social Security as one of the coun­ Under the best of these plans, in West paychecks as annuities (where dollars put in try's most regressive programs. Germany, the aged can expect to receive 81 now are returned. as pensions at a later The workers' contributions (the tax on per cent of their final earnings, while in the date), Social Security benefits are actually wages) is hailed by the program's supporters United States most wlll get less than half. direct transfer payments from one genera­ as one of its most egalitarian features. No More telling, still, is the comparison with the. tion of workers to another. Last year, about one is considered too poor or rich to pay it. People's Republic of China (still a develop­ 100 million workers contributed $72 bil­ Translated, this slogan means that those ing country), where men at age sixty and lion to the trust fund. The cash was used to who are labeled even too poor to pay income 22700 EXTENSIONS OF REMARKS July 14, 1975 ta.x must still pa.y the Socia.I Security levy. nomination for governor in 1934 on a plat­ celebrated its birth, hailing it as "human­ And while it ma.y secure them some future form which described "production for use," ity's greatest boon," even "the translation benefit, it undoubtedly deepens their pres­ a plan to put the unemployed to work at of the cross of Christ," others correctly saw ent poverty, denying them the means to buy factories and farms and pay every able­ that it promised much and delivered little. current necessities. bodied person $5,000 a. year for three or four Their objections centered on two issues: And wha.t a.bout the rich? Today, as when hours work a day. first, the regressive way benefits were to be the Act became Ia.w, the well-to-do are pro­ In the West, Dr. Francis Townsend, a financed, and second, the level of benefits to tected by a little known provision that states stxty-slx-yea.r-old physician, launched an be given. only income from wages and salaries is old people's crusade which, wi·thin three They argued that any social insurance taxed. Its converse, of course, is that in­ years, had rs.llied two million members in scheme should be redistributive, with con­ come from sources other than wages goes 7,000 clubs a.cross the country a.round the tributions based on abllity to pay, and bene­ untaxed. Thus rents, dividends, and inter­ 1SSue of a. pension for the elderly~200 a. fits geared to need, not previous earnings. In est on investments (largely the income of month to everyone over sixty who would the plan that passed, however, those who the rich) suffer no shrinkage from Socia.I promise to retire and spend it within thirty stood to receive the largest retirement Security deductions. The discrimination con­ days. Twenty-five million Americans signed checks were precisely those who needed tinues even after the elderly begin to collect a. petition supporting the scheme, which was them the least. benefits. If the low- or middle-income person then introduced as a. bill in Congress. The law was amended in 1939 to give pro­ continues to work (because he must in order Though it eventually lost, it was a hot portionately more to those with low in­ to exist), income ls taxed, exactly as before. enough issue to cause 200 legislators to ab­ comes, but the aged with the highest pre­ In fact, once his income reaches $2,400, for sent themselves from the vote, unwilling to vious incomes still got the highest benefits. every dollar he earns, he loses fifty cents in go on record as opposing it. The formula used to calculate benefits has benefits. But if he is fortunate enough to With millions hungry and desperate--only remained intact until today, and the relax and enjoy his income from rents or the 116,000 out of the entire work force of 48 method of financing has remained un­ like, again, nothing ls deducted. million had any form of unemployment in­ touched. Some changes have occurred, but The cemng on taxable income is perhaps surance-labor troubles flared everywhere. none which substantially altered the con­ the most inequitable feature of all, since it Strikes mushroomed-truckers in Minne­ ditions of the old. In 1956, the law was inevitably means that those least able to apolis, textile workers in the South and widened to include disability benefits to afford it pay proportionately the most. The Midwest, a general strike in San Francisco. workers (and their famll1es) who had long­ disparities are striking. A low-income family, And the police response was usually pro­ term or terminal illnesses. In 1966, Medi­ with husband and Wife earning $6,500 each, vocative and bloody. care-a system of health insurance for the turns over a total of $754 a year to Social The aged were particularly destitute. elderly-was added. And in 1972, Congress Security, while an upper-middle-income Though they had worked hard throughout approved benefit increases and cost of liv­ family with one person earning $30,000 gives their lives, many middle-class elderly, as ing raises. In each case, critics insist that up $817, the figure being based on the well as those with low or marginal incomes, the least, rather than the best, was offered. $14,100 limit. The first family pays the full found themseves penniless with nowhere to Though Medicare is generally thought to 5.85 per cent of its income, the second just turn. The victims of a rapidly industrializ­ be the answer to the elderly's nagging fears 2.7 per cent. Since deductions are made auto­ ing society, they were transformed from of illness and devastating bills, all of the old matically, many never realize just how large patriarchs in the traditional, pre-industrial people I interviewed felt they had received a chunk is taken. Often, even for those with family to burdens in the modern household. something less than a bargain. As originally moderate incomes, more ls swallowed up by Once they could no longer produce, they conceived, Medicare preserved the long­ Social Security than by income tax (for ex­ were forced into dependence. By 1932, half standing tradition of financing by public ample, a family of four with income of the aged were totally dependent on others contribution, though the public here was one $12,000 from one earner). for their support. And while they were with meager, fixed incomes. To cover the cost The second source of funds for Social Secu­ losing their ca.pa.city to support themselves, of hospital care for the aged, a.n additional rity benefits ls called the employer or pay­ they were doubling their number in the amount would be deducted from workers' roll tax. Actually, this ls extracted almost years from 1900 ·to 1930. paychecks. At the same time, the elderly. ent irely from employees in their dual roles The battle for compulsory social insur­ upon turning sixty-five, could opt to pay a as workers and consumers. To begin with, ance for the aged had been waged and lost premium for medical insurance which would workers are conditioned by industry to be­ during the two decades preceding the Great be matched by an equal amount from the lieve that employers contribute heavily to Depression. Various groups fought it, always Government. their old-age benefits, the label "employer" on the grounds that voluntary insurance Entirely missing from the original calcu­ ta.x itself leading to this conclusion. And, was more in keeping with American tradi­ lation was the inflationary impact of the employers argue, since these contributions tions. But behind the rhetoric there were program. Once it was passed into law, hos­ cut dangerously into profits and conse­ two real considerations-power and profits. pital costs jumped 13 per cent a year during quently into wages, workers must tame their Business and industry launched costly and the first eight years, against a.n annual 6 demands for pay increases. What also hap­ eminently successful campaigns against so­ per cent in the decade before Medicare, and pens ls that workers, as consumers, pay the cial insurance. While they publicly de­ doctors' fees rose by 6.7 per cent per year, employer part through inflated prices which nounced it as socialistic and un-American, whereas earlier they had increased at a rate firms charge to recover as much of the tax and predicted generations of shiftless work­ of only 3.5 per cent. Confronted with the as possible. ers Lf such a scheme materialized, they pri­ tremendous cost of curing and caring for the Little is known by a bewildered public vately feared a loss of profits (particularly aged ($6.7 billion in 19-71, $11.3 billion in about the present Social Security system for in the life insurance sector) and a loss of 1974, and an estimated $15.5 billion in 1976), the aged-what it offers and how it is their labor-controlling devices (in industry, the Government has tried to cut costs. The financed. The clues come if we look back­ in general) . Professional social workers and method-charge the beneficiary more, offer wards to when it became law. Why was it charity organizations felt threatened too, less, and interfere the least with providers' passed? Who supported or opposed it? What fearing the loss of clientele, their reason for practices or profits. As a. result, payroll deduc­ were the attitudes of those New Dealers, being, and ultimately, their jobs. tions for Medicare have tripled since 1966, called the "heralds of a new era" about By the 1930s, the economic system had so rising from .3 per cent to .9 per cent. Pre­ social insurance? deteriorated that many earlier opponents, miums too, have jumped, shooting from $36 Whatever their ideology, most observers including much of big business, industry, a year to $80.40. (then, as well as now) aigree that at the t1Ine government, and even some labor leaders, Then there are the "deductibles" that the Sooial Security became law, the "system" found social insurance an acceptable re­ elderly pay toward hospital and medical bllls was shaken and crumbling. Though Herbert sponse to the growing public clamor. In before Medicare steps in. For the first sixty Hoover had promised a chicken in every pat 1935, President Roosevelt announced it was days of hospital care, the deductible has risen and two cars in every garage, by 1932 more the burning issue of the times. And in Au­ from $40 to $84, and "coinsurance," which than twelve million were unemployed----a gust of that year, it was signed into law. By the patients must pay toward the bill for the whopping 25 per cent of the labor force. Dis­ the end of the decade, the clamor had sub­ sixtieth through the ninetieth day of care, content was rampant and the message of the sided, and support for socialist or reformist has jumped from $10 a day to $21. radical Left was ever more appealing to the candidates had declined. Doctors' bills, too, the aged complain, con­ many who watched the American dream, If the Act was contrived to quell the tinue to deal a lethal blow to their finances, along with their savings and standard of mounting discontent and crush the threats although insurance costs continue to rise. living, dissolve before their eyes. from the Left, it was a smashing success. Though the elderly seem confused by this In the South and East, Huey Long, the contradiction, the explanation is fairly sim­ Lf, however, it was frarried for social and ple: Protected by the law, doctors may charge populist Sena.tor from Louisiana, wa.s draw­ humanitarian ends, 1t can be judged a :flop. the Medicare program or bill the patient di­ ing millions of listeners to his "share the For if the elderly's share of the nation's rectly. If they do the first, they must accept wealth" plan, which promised pensions, wealth ls any indicator, they are just as the fee Medicare considers reasonable. If homes and cars, minimum wages and help poor today a.s they were then . Even at that to the farmers through a "soak the rich" time, critics were quick to note that the they choose the latter, they blll patients tax scheme. what they like, get paid by them, and then law was created more to save the system the elderly, not the doctors, must settle for In California, Upton Sinclair, the author than transform it. Though the press, the the Medicare fee. In just the three years from and one-time Socia.list, won the Democratic New Dealers, and the country in general 1970 to 1973, the number of doctors willing July 14, 1975 EXTENSIONS OF REMARKS 227.01 to take the Medicare fee fell from 60 per cent there is nothing currently in the political The letter follows: to 52 per cent. pipeline designed to achieve such drastic Whlle the inadequacies and inequities are change. BOARD OF SUPERVISORS COUNTY OF Los ANGELES, If change in the total system is to be left in plain sight to some, they seem to elude July 11, 1975. others perpetually. One Administration af­ to those already in control-whether.liberals like Wilbur Cohen or conservatives like Pres­ THE PRESIDENT, ter another .has tried to squelch benefit in­ THE WHITE HOUSE, creases. Some have expanded them, grudg­ ident Ford and Social Security Commission­ Washington, D.C. ingly, but only when it would have been po­ er James Cardwell-then the old can expect no change for the better. They will simply D~ MR. PRESIDENT: The Los Angeles litical suicide to do otherwise. Richard M. County Board of Supervisors and respectively Nixon vowed to veto raises, but when they have to eat less, wear less, get sick less, and, perhaps, five less. brings to your attention what appears to be a were ta.eked on to a bill he wanted, he was breakdown in the process for sponsorship of forced to let them pass. Indochinese refugees. Then there is the omcial line, recited since We have been informed by the Los Angeles the Nineteenth Century and most recently by Commissioner Oardwell, that people County Department of Public and Social VIETNAMESE REFUGEE PROGRAM: Services that on July 10 there were 1,330 should provide for their old age by investing IS IT WORKING? . and saving during their work years. Un­ Indochinese refugees on the County welfare fortunately, this is but a fantasy, conjured rolls, with new applications coming in at the by well-to-do observers who speak from the rate of 25 a day to the County's welfare of­ comfort of their own experiences. The fact ts HON. GLENN M. ANDERSON fices. In early June, only one or two applica­ that the average worker today like his pred­ OF CALIFORNIA tions a day were recorded. IN THE HOUSE OF REPRESENTATIVES The Washington omce of the County of ecessors, has barely enough to pay for cur­ Los Angeles has been in touch with the rent needs, let alone save for the proverbial Monday, July 14, 1975 rainy day when he can no longer earn. Interagency Task Force on Indochina Refu­ Few today question the need for some Mr. ANDERSON of California. Mr. gees regarding the increasingly heavy fiow form o! social insurance for the elderly. of refugees to the Los Angeles County area. Speaker, when the issue of Vietnamese There is every reason to believe the County What is to be questioned, however, is just refugees first reached discussion on the how well our system works-both the old can fulfill its obligations to the refugees un­ age pension and health insurance. Some House fioor, I expressed my concern as der the Indochina Migration and Refugee remedies for Medicare's ills, how to hold back to the impact of an influx of refugees Act of 1975. However, based on our experi­ spiraling health care costs, have been tried, on our local communities, especially in ence so far we believe there are two problems and others prescribed. But for an acute prob­ today's depressed economy. However, which must be solved before a local govern­ lem. most offer only aspirin instead of radi­ we were assured that the refugees would ment can process refugees efilciently: cal surgery. The Government's prescription ( 1) The overriding problem of the degree be dispersed throughout the country, of responsib111ty of the first sponsor for the was to assign the job of policing hospital thus avoiding any heavy financial bur­ costs to the hospitals themselves. Each set establishment of refugees in a community up a utilization review committee to judge dens on local jurisdictions. must be fixed. We know that among the if services were being properly used. The Additionally, Congress passed the 1,300 refugees who have applied for welfare committees, however, are composed of hos­ Indochina Migration and Refugee AJs­ in the County, some have been abandoned pital administrators, whose facilities are paid sistance Act of 1975, which provides by their original sponsors or have not been by Medicare for occupied beds, and by staff funds for refugee relief. referred back to the responsible Voluntary doctors who get fees from Medicare for each Now, several months later, where do Settlement Agency for additional assistance day their patients are hospitalized. and possible replacement. In connection with we stand? welfare applications, the question arises The major complaint of most of the elder­ By July 10, 1,330 Indochinese refugees ly is that more and more doctors refuse to "has the Voluntary Agency expended its fuli accept Medicare fees. To this predteament had been dispersed to the welfare rolls $500 allotment toward settlement of a. ref­ former HEW secretary Wilbur Cohen replies of Los Angeles County. ugee?" that doctors must be handled with care, and The administration, aft.er announc­ (2) The high number of man-hours re­ suggests wooing them with free malpractice ing that the costs of educating refugee quired to process refugees in a welfare sys­ insurance in exchange for their acceptance children was not a Federal responsibil­ tem, considering the requirement to evaluate of Medicare fees. To do otherwise, he argues, ity, backed down and appears to be the ability of potential sponsors to provide would lead as many as 20 per cent of doctors ready to assume at least some of these financial support. (This presupposes that a to refuse to treat Medicare patients. Sterner second sponsor may be sought by a local measures, he believes, would just not be ac­ expenses. government or a voluntary agency working ceptable to most of the lawmakers in Wash· Additional refugees are applying for in harness with the local _government). ington, or to the public in general. welfare in Los Angeles County at a rate The Task Force has announced-we hope For some, like President Ford, the solution of 25 a day. tentatively-that local government expenses to the question of benefits is easy-the el­ Obviously, the refugee resettlement would be reimbursed at up to 10% of the derly must do with less. They insist it is just program is not working well. amount of welfare involved. The County's a question of "how well off" the aged should In experience shows that the actual adminis­ a letter to President Ford, Joe Pol­ trative costs are much higher than 10%, and be. To the dilemma of the dwindling Social Los Security reserves, they offer the old-time lard, the legislative consultant for will reach $406,000 during 1975 at the present remedy-raise wage and payroll taxes. Angeles County, points out some of the rate of welfare processing. Some liberals propose another solution: problems local agencies have had with The County of Los Angeles fully endorses supplement wage and payroll taxes with the refugee situation. I would like to the proposal submitted to the Social and funds from general revenues. This, they say, place this letter in the RECORD, so that Rehab111tation Services (HEW) that 100% w1U cure the system's inequities and place the information it contains will be avail­ of such administrative costs be federally the cost of the nation's aged on everyone's able to other Members who are inter­ supported. shoulders. In fact, however, this would not ested in this problem. We have proposed to the Task Force that be so, because the. financing Will stay regres­ those local governments which can expect sive until contributions are calculated like The letter points out two major prob­ a large number of refugees in their area income tax-where those with income be­ lems. The first, and probably most im­ have access to the complete record of spon­ neath a certain amount pay nothing, those portant, is that the sponsorship pro­ sorship of any refugees at any time. There with low income pay little, and those with gram, in which U.S. citizens accept is no way of knowing where the refugee the greatest ablllty to pay contribute the responsibility for the refugees before will finally end up at the time he leaves one most. But for Commissioner Cardwell, the they leave the relocation centers, is of the camps. This information ts necessary price of removing "the regressive anomaly­ simply not working. for the efilcient processing of those who apply lf it is an anomaly-large government con­ to a local government for welfare or for tributions, is too high to pay." Second, administrative costs for han­ any benefits under the Assistance Act. Another, more radical, solution has been dling the refugees are becoming a major The Los Angeles County Board of Super­ proposed: abandon the employe and em­ expense. visors assures you of its continuing coopera­ ployer payroll tax entirely and pay Social Obviously, we want to make these tion in handling refugees and looks forward Security benefits from general Federal funds. people welcome in their new land, and it to working with the Task Force toward solu­ This would distribute the financing not only is in the best American tradition for us tion of those problems and establishment of a over the now-graduated income tax, but to offer them a helping hand as they system in which a local government can would draw on corporation, excise, and other settle in the Unired States. However, the perform most emctently. taxes. and thus virtually eliminate the re­ Sincerely, gressive aspects of the Social Security sys­ refugee resettlement program was, and tem. This concept ls such an extreme de­ is, a Federal responsibility, and we must JOSEPH M. POLLARD, parture from the traditional work ethic that make sure that responsibility 1s met. Legfalative Consultant. CXXI--1430-Part 17 22702 EXTENSIONS OF REMARKS July 14, 1975 AMERICA-HANDLE HER WITH our posterity, do ordain and establish this Deregulation of natural gas, in whole CARE constitution?" But wait ... my fellow revolutionaries, or in part, immediate or in phases, may what have we done? We have Just destroyed or may not help to solve the natural gas HON. BILL ARCHER that old order and at the same time we have shortages of future winters and, there­ OF TEXAS recreated the framework of that order. Sure­ fore, should be considered by the Con­ ly there is nothing wrong with what I have gress. IN THE HOUSE OF REPRESENTATIVES just said; surely these are good rules for a But, for this winter only prompt and Monday, July 14, 1975 nation. Why, then, are they the same rules effective implementation of existing laws that govern that old place? Mr. ARCHER. Mr. Speaker, I am very The answer must be that there is nothing by the Executive will avoid an impending optimistic about the future of our coun­ wrong with the rules governing our country. economic disaster. try when I have the opportunity to read There is nothing wrong with the Constitu­ an article such as the following one by tion or the government, or with the laws. Yes, it is easy to imagine the government H.R. 7766 WOULD RESTORE CIVILIAN Judy Whitten of Houston, Tex. She HOSPITAL OPTION FOR VETERANS has very perceptively written about some as a huge work horse upon which we push off all our unwanted responsibllities as citi­ of her concerns for this country and I zens. Let the government get rid of the pol­ believe my colleagues will like to share lution, we say as we throw down a can or a HON. ROBERT W. DANIEL, JR. in her thoughts. wrapper. Let the government do it; I pay OF VmGINIA The article follows: my truces! IN THE HOUSE OF REPRESENTATIVES So we buck the ideals of democracy; we AMERICA • • • HANDLE HER WITH CARE Monday, July 14, 1975 (By Judy Whitten) criticize and tear down, and destroy, and never bother to replace. A child cries out from pain in a rat­ Mr. ROBERT W. DANIEL, JR. Mr. But if within ourselves we find the enemy, Speaker, on March the Department of infested home, a jobless youth walks the we also can there find the hope. It is within 9 streets hungry and desperate, a riot breaks every human being to declare that hope. In Defense ruled that veterans with serv­ out on a college campus giving vent to hate the words and the motto of the American ice-connected disabilities could no longer that has been under pressure . . . four Field Service, "Walk together, talk together, receive treatment in civilian medical young people are killed. Our water is almost all ye people of the earth, for then, and only facilities under the Civilian Health and indigestable, and our air stinks with the then, shall ye find peace." Medical Program of the Uniformed smell of a "modernized" world. Is this my A better world is not a non-negotiable de­ country? Services known as CHAMPUS. The elimi­ mand on someone else; a better world be­ nation of this option will mean that vet­ We grumble when asked to help the poor, gins with you and me. I do not ask you to because we all know they're just lazy and summon up the courage and vigor to move erans with service-connected disabilities besides, who needs more taxes? But we have the proverbial mountain, nor do I ask you must take treatment primarily in Vet­ yet to challenge what is marked for the de­ to singlehandedly eliminate poverty, nor erans Administration hospitals or mili­ fense. clean up our polluted environment. But I do tary or Public Health Service hospitals. And if there is a man in the moon we will ask you to take a few small steps, to become This change in policy by the Defense surely be the first to know, but if there is more tolerant, to gain more understanding a. hungry man in the city of Houston, our Department is a shortsighted and ill­ of your fellow man, and to handle your conceived insult to the veteran with a chances of being the first to discover him country with care. are slim. Rightly we praise our accomplish­ service-connected disability. The end re­ ments in outer space, but at the same time sult of this change will be more over­ we overlook the critical needs of our inner crowding at VA and military hospitals as space. Waste is part of our society. Is. this DEREGULATION OF NATURAL GAS well as additional expense for both the my country? Government and the individual veteran. If your hair is too long, you are irrespon­ Recent news accounts in the newspa­ sible and rebellious; if you sign up as a conscientious objector, you are a coward; if HON. WILLIAM S. MOORHEAD pers that serve the Tidewater, Va., area you love your country and, therefore, fight OF PENNSYLVANIA have reported that naval dispensaries for what you believe, you are a hypocrite. IN THE HOUSE OF REPRESENTATIVES have reduced services b~cause of a de­ Are these the people of my country? cline of general practitioners from 44 to Monday, July 14, 1975 I do not like my country as I have just 17. This is but one example of the short­ described it. I do not like the hate, and the Mr. MOORHEAD of Pennsylvania. Mr. age of military doctors. How, in the face suffering and the selfishness that is in our Speaker, on Thursday, July 10, President of this shortage, can the Defense De­ society. So I am going to revolt! Yes, that's right, I'm gohig to become a revolutionary. I Ford warned the country that a natural partment expect the military, VA, and am going to dedicate my life and my _soul gas shortage this winter will cost many PHS hospitals to handle the load? to the glorious revolution. Join me, and we people their jobs and its results could The elimination of the CHAMPUS op­ will build another world, a far greater p .. ace interfere with economic recovery. That tion could result in a true bureaucratic to live in peace and solitude for tp.e rest of is true. nightmare. A retired veteran with service our years. But then he implied in his statement and nonservice connected disabilities But, before we destroy this old society, let that Congress could remedy all these dire might have to be treated at both Govern­ us imagine what our new society will be like. We must set our goals-we must know consequences this winter by decontrolling ment and non-aOvernment hospitals. what we are working for! First, we all be­ the price of new natural gas at the well­ This would result in a duplication of lieve that every man should have equal head. That is not true. medical records and the division of treat­ rights, that he should do as he pleases as President Ford would have known that ment between two doctors. long as it does not interfere with the rights if he had simply consulted just one of his I believe that veterans deserve better of his fellow man. I think we believe this closest advisers on one of his frequent to be true. So why do we not declare our­ consideration from the country they trips to the White House. I am referring have so willingly served. Accordingly, I selves independent of this worthless society, to our former colleague, Secretary of and we will write in our Declaration, "We have cosponsored a bill, H.R. 7766 with hold these truths to be self-evident, that all Commerce Morton, who happens to be Representative MOLLOHAN that would re­ Chairman of the President's Energy Re­ men are created equal. That they are en­ store the civilian hospital option for vet­ dowed by their creator with certain inalien­ sources Council. able rights, that among these are life, liberty, Secretary Morton gave exactly the op­ erans. The inability to use civilian facili­ and the pursuit of happiness ... to secure posite advice on natural gas deregulation ties may well prove an unfar burden on these rights, governments are instituted to the Conservation, Energy, and Natural those who can least afford it-those who among men."·Now we must have some direc­ Resources Subcommittee of the House have left their military career with a tion for these.laws; what would a good gov­ service-connected disability which con­ ernment do for the people? How about "We Committee on Government Operations the people", since we will be governing our­ only 2 weeks ago. Secretary Morton said tinues to require medical attention. selves, "in order to form a more perfect and I quote: It is my hope that my committee, union, establish justice, insure domestlic We must recognize that deregulation of Armed Services, will take swift action tranquility, provide for the common de­ new gas is not a solution which will solve the on the bill and that the entire House fense, promote the general welfare, and se­ problem in the near term-specifically this will vote to correct this unfair situa­ cure the blessings of liberty for ourselves and coming winter. tion. July 14, 1975 EXTENSIONS OF REMARKS 22703 MR. SHELDON BUT!', SOLAR ENERGY The first is the collection of solar energy at that it is at all possible to obtain more than relatively moderate temperatures for use in a fraction o! 1 % o! the Nation's energy EXPERT, EXPRESSES RESPONSI­ heating buildings, heating hot water and needs from solar electric power as soon as BLE POSITION ON ENERGY air-conditioning. For these applications, 1985. In the decade between 1985 and 1995, technology is well developed and although it may be possible to develop this alternative certainly, there is need for continuing devel­ energy soure to the point where it might HON. MI'KE McCORMACK opment, there doesn't seem to be any re­ provide as much as 2 % to 5 % of our total OF WASHINGTON quirement for large-scale research and de­ energy needs. This would be a very major IN THE HOUSE OF REPRESENTATIVES velopment. The development work needed accomplishment. It would mean that we now is mostly "nuts and bolts" development would have to develop this new alternative Monday, July 14, 1975 intended to make the devices moderately energy source much more rapidly than we Mr. McCORMACK. Mr. Speaker, Mr. more efficient and less costly. We might call developed nuclear electric power in the past. Sheldon Butt, of East Alton, ill., is presi­ this "engineering product development." What is needed now is a large-scale re­ dent of the Solar Energy Industries As­ Normally, this kind of development is some­ search and development etrort. Legislation thing which private industry does for them­ setting authorized levels of research funding sociation, Inc., an organization of 427 selves with a new product. However, as part for various E.R.D.A. programs is now before industries and individuals involved in of the implementation plan for the Solar Congress. The latest information reaching solar energy equipment manufacture and Heating and Cooling Demonstration Act of me indicates that, it is likely that total solar solar energy research and development. 1974, the Federal Government, through funding in the 1976 fiscal year wlli be two Early in June, Mr. Butt received a let­ E.R.D.A., now intends to make a very sub­ and three times the level o! funding in the ter from the National Intervenors, a sta.DJtial investment in support of this type current fiscal year. I think this rate o! in­ Washington, D.C., based antinuclear of engineering product development which crease in research and development funding Mr. we hope wlli accelerate development of im­ 18 appropriate and is about as much as it group, attempting to put words into proved and lower cost hardware. would be possible to spend wisely and with­ Butt's mouth, and asking him, in effect, In addition, the Administration is working out undue waste. No doubt, further in­ to take a position in opposition to nuclear on development of various programs intended creases in funding !or 1977 and subsequent energy. to accelerate commercialization in this type fiscal years will be called for. Mr. Butt immediately recognized this of application. These include a Government Although I know much less about geo­ deplorable tactic by the National Inter­ Building Program and a Water Heater Pro­ thermal energy prospects than I do about venors as an attempt to use his name gram. The Energy Bill, which passed the solar, I do understand that Government and his title in its antinuclear propa­ House of Representatives last week and is funding for geothermal programs is simi­ now being considered by the Senate, includes larly accelerating. I don't think the energy ganda campaign. His response is, in my incentives for users of solar energy. These prospects for geothermal are anything like mind, one of the outstanding examples of will undoubtedly accelerate acceptance of as large as those for solar, although cer­ responsibility, scholarly insight, and solar energy by substantially reducing its net tainly geothermal can provide a. substan­ statesmanship that I have seen in recent cost to the user. tial and welcome addition to overall avail­ years. We estimate that, with the existing Gov­ a.billty. Where does this leave us? To Mr. Butt's great credit, he took the ernment programs, plus the others now in The Federal Energy Administration has time to set out in a reasonable and or­ prospect, and with implementation of addi­ estimated that, with substantial etrort at.med derly manner the reasons why this Na­ tional Government programs as the need for at conservation, the growth in the Nation's them develops, it will be possible for solar energy requirements can be reduced to ap­ tion must pursue the development of all energy, within ten years, to provide approxi­ proximately 3% to 4% per year. Whether or realistic energy sources as rapidly as pos­ mately 2% of the Nation's energy require­ not this reduction in demand actually comes sible, and why solar energy cannot play a ments. This may not sound like much, but to pass remains to be seen. At present, there major role in this Nation's energy supply it really would represent a very substantial does seem to be some reluctance on the part picture during this century. accomplishment. By 1985, and after giving of Congress to enact a strong energy con­ Mr. Butt is a solar energy optimist, and due weight to the effect of conservation servation program. Unless one 18 enacted, it he estimates that it will be possible to measures in restraining the growth in is likely that the rate of increase in demand provide 2 percent of this Nation's energy energy demand, it is estimated that will be greater than the 3 % to 4 % per year the Nation's total energy requirements ~ure. requirements within 10 years from solar wm be equivalent to 50,000,000 barrels of At the same time, there is every indication technologies, and that it may be possible crude oil per day. (This doesn't mean 50,- that there will be little or no growth in do­ to bring the solar contribution up to 8 to 000,000 barrels of crude oil as such but the mestic production of crude oil over the next 10 percent in 20 years. total amount of energy which, 1f mathemat­ ten years--even taking into account Alaskan As you know, I am supporting solar ically converted to crude on. would total production. Beyond ten years, it seems al­ energy programs in every way I can, and 50,000,000 barrels per day.) Thus, by 1985, most certain that the decline in domestic I applaud Mr. Butt for his enthusiasm we can hope that solar energy will be pro­ oil production will probably accelerate. The viding the equivalent of 1,000,000 barrels natural gas situation does not appear to be and his optimism, even though I am not of oil per day. Measured in 1975 dollars, this any better-possibly worse. his as optimistic as he in estimates for means that the total installed cost of the Thus, with oil and gas production stable the future. solar equipment which must be put in place and ultimately declining and with demand What is much more important, how­ between now and 1985 will be on the order of rising at a rate of at least 3% or 4% per ever, is that Mr. Sheldon Butt, as presi­ $50 to $60 billion (in 1975 dollars). year, the contribution to be made by solar, dent of the Solar Energy Industries Asso­ If we consider the fact that the solar en­ as well as the contribution to be made by ciation, has taken this responsible posi­ ergy industry is today just in its very be­ geothermal, will not even come close to meet­ tion and has attempted to help us all ginnings, this will be a tremendous accom­ ing the deficit in total energy requiremnts. plishment. Starting from "scratch," we must Whats left is coal, shale oil and nuclear understand why it is necessary to move build an industry of this magnitude, includ­ R. & energy. I will not try to make any specific forward aggressively with D. pro­ ing building the industry infrastructure, estimates as to the rate at which exploitation grams in all energy technologies. service organizations, installation contractor o! shale oil reserves might be achieved. Sim­ Needless to say, the National Inter­ organizations, etc., very rapidly indeed. I sin­ ilarly, I don't think that I am equipped to venors will not publish Mr. Butt's letter, cerely don't believe that it is feasible to go a estimate just what might be done with coal. and so I would like, Mr. Speaker, to in­ great deal faster than this. However, it is my general thinking, based sert his letter in the RECORD at this point We can look at the bogey for 1985 in an­ upon reviewing estimates made by others as so we all may share in the appreciation other way. The 2% of the total energy re­ to the maximum rate at which shale oil and praise that Sheldon Butt so richly quirement represents about 10% of the to­ might be developed and the maximum rate deserves. tal amount of energy used for heating, hot at which further development of coal ex­ water and air-conditioning since these ploitation might be achieved, a considerable His letter follows: three account for roughly 20% of the entire gap wlli still remain and therefore, that sub­ OLIN BRASS-OLIN CORP., energy requirement. stantial reliance must be placed on nuclear East Alton, Ill., June 25, 1975. Projecting forward for another ten years energy for the balance of the century and Mr. ANDREW STAMPS, to 1995 introduces more uncertainties. How­ probably into the next century as well. Research Assistant, The National lnterve­ ever, with continuing effort, it may be pos­ Simply stated, our dependence upon oil nors, Washington, D.O. sible to bring the solar contribution up from and natural gas has become so great over DEAR MR. STAMPS: This will reply to your the 2% level to as much as 8% or 10%. the past several decades that, now that we letter to me of June 6. The other aspect of solar energy is solar are faced with static or declining production or course, as President of the Solar Energy use for generating electric energy. The tech­ of oil and gas, we are going to have to accel­ Industries Association, I am. most partic­ nology 1n this area. ls not well developed. erate production of all alternative energy ularly concerned with the prospects for solar The status at present is generally that of sources, including: energy. In looking at solar energy, we must, relatively small scale experimental installa­ Solar, Geothermal, coal, shale oil, and first of all, divide it into two separate pieces. tions now being planned. I seriously doubt nuclear. 22704 EXTENSIONS OF REMARKS July 14, 1975 I must agr_ee with Congressman McCor­ DIALOG ON CHOICES: CIVIL the average citizen has little recourse. If mack, At the same time, I must point _out LIBERTIES a. drug administration enforcement offi­ that legislation now pending {but not yet cer violates the rights of a citizen, what passed) does indeed proVide excellent sup­ can that citizen do? If a public health port for solar development. HON. PAUL SIMON officer makes an arbitrary decision that Very truly yours, OF ll.LINOIS S. H. BUTr, closes down a nursing home, what can President, Solar Energy Industries IN THE HOUSE OF REPRESENTATIVES the operator of the home or an employee Association. Monday, July 14, 1975 there do? If an official of the Occupa­ tional Safety and Health Administra­ Mr. SIMON. Mr. Speaker, as you will tion-who knows nothing about farm­ recall, I initiated my Bicentennial Dia­ ing-tells a farmer he must take certain ARMS LIMITATION log on Choices series in the RECORD on actions to comply with the law,· actions June 3. Shortly after that, I invited my which cause great expense, what can the colleageus and all Americans to off er farmer do? If a highway engineer de­ HON. W. HENSON MOORE their ideas on what is good and bad about cides that a new highway should destroy OF LOUISIANA the structure of our Government. I am a home that has been in the family for IN THE HOUSE OF REPRESENTATIVES heartened by the response. The RECORD more than a century-yet another route Monday, July 14, 1975 of June 19 and 20 contained constructive would avoid home damage-what can responses from my colleagues and from that family do? When city developers tell Mr. MOORE. Mr. Speaker, I arri an citizens throughout the Nation. Their a. poor family they must leave their tene­ advocate of meaningful arms control as suggestions were as diverse as their geo­ ment to make way for "progress"-hous­ are a vast majority of Americans who graphical and occupational backgrounds. ing for those with more money-what seek the negotiation of mutually bene­ However, a common thread appeared: can that poor family do? We need the ficial arms limitation agreements be­ Americans care deeply about their Gov­ Government agencies. But how can we tween this Nation and the Soviet Union. verrunent. They may disagree about the provide more checks and balances so that In seeking these goals, however, it is my mechanics of government, but they share the rights of the average citizen have belief that premature disclosure of arms the hope that it will be the vehicle for greater protection? limitation alternatives to be presented by guaranteeing individual and collective The fourth amendment to the Consti­ the United States could well show our freedom. tution provides that "the right of the hand before all the cards have been dealt Today, as we continue the dialog, I people to be secure in their persons, from the deck. As history has proven, the would like to discuss civil liberties in the houses, papers, and effects, against un­ Soviets have used every opportunity to United States. I hope that some of my reasonable searches and seizures, shall bend twist, or otherwise circumvent the colleagues will have comments on civil not be violated, and no Warrants shall provisions of bilateral arms limitation liberties and what we must do to safe­ issue, but upon probable cause, support­ agreements reached to date. · guard them to insert in the RECORD of ed by Oath or affirmation, and particu­ It is for this reason that I question the July 23. I hope that other citizens will larly describing the place to be searched, wisdom of the language of section 107 of write also. If they will send their reac­ and the persons or things to be seized." H.R. 7567 pertaining to the publication tions to me, I will enter many of them Is the Constitution violated when of an annual report to Congress by the in the RECORD, perhaps edited for the Government agencies engage in unwar­ Arms Control and Disarmament Agency sake of brevity. Within a few days I will ranted wiretapping? In Olmstead to include an appraisal of the status and also insert additional comments on gov­ against United States, the Supreme the prospects of various negotiations as ernment structure I have received. Court ruled in 1928 that wiretaps on the well as anlis control measures in effect. Politically, nothing should be more phones of alleged bootleggers in the State Certainly Congress must be made aware sacred to us in America than the rights of Washington did not violate the Con­ of the provisions of arms limitation and freedoms which our Founding Fa­ stitution. Chief Justice William Taft, agreementS that have been finalized, but thers guaranteed us in the Constitution: citing Gouled against United States, of­ there is some question in my mind as to "Freedom of press and speech;" "the fered the majority's interpretation: "The whether section 107 could result in un­ right against unreasonable searches and (fourth) amendment itself shows that restricted publication of advance knowl­ seizures;" "due process;" "equal protec­ the search is to be of material things­ edge regarding U.S. strategy at the con- tion." Are they today, in our 200th year, the person, the house, his papers, or his ference table. · as unalterably guaranteed to every effects. The description of the warrant The language of section 36 of the bill American as they should be? necessary to make the proceeding law­ could similarly tip the scales of detente You only need to glance at your daily ful is that it must specify the place to in favor of the Russians. Under this sec­ newspaper headlines to see that certain be searched and the person or things to tion, the Director of the Arms Control basic freedoms are being infringed upon. be seized • • •. The language of the and Disarmament Agency would be re­ lliegal and unwarranted governmental amendment cannot be extended to in­ quired to file an impact statement on wiretapping, break-ins, mall openings, clude telephone wires, reaching to the all of our major weapons research and and mail covers have become front page whole world from the defendant's house development programs. Moreover, the events, though happily not yet part of or office." Director would be required to submit his the life of most of our citizens. Perhaps Justice Louis Brandeis, in his dissent, impact statement together with sup­ a greater threat which faces the average went to the heart of the matter: "It is porting evidence to Congress and such citizen at this point is the Government not the breaking of his doors, and the information would be included in any bureaucracy which has invaded the lives rummaging of his drawers, that consti­ and all military authorizations or ap­ of our citizens, with questions and de­ tutes the essence of the offence; but it is propriations. mands never conceived at the creation of the invasion of his indefeasible right of As these so-called impact statements the agency. And the abusers are not only personal security and private property, would be a matter of public record, the the highly publicized agencies such as where that right was never been for­ Russians should have little difficulty in the Internal Revenue Service. Citizens feited by his conviction of some public predicting how firm the United States have contacted me about forms which offence • • • ." would be at the negotiating table in its various agencies require, and which they Our Founding Fathers could not pos- defense of any arms development that is resent filling out. How necessary are the sibly have foreseen today's technological detailed, sometimes personal, questions accomplishments. The American Issues accompanied by an unfavorable impact on these forms? How can we achieve statement. Forum of the Bicentennial Administra­ greater care in what administrative tion and Endowment for the Humanities With these reservations in mind, I agencies create in the way of guidelines, has raised some relevant issues concern­ voted against H.R. 7567 authorizing ap­ programs, and penalties. ing technology and its contribution to propriations for the Arms Control and Probably more than 90 percent of the further infringements on civil liberties. Disarmament Agency for fiscal years decisions made by Government today "Modem technology has added new and 1976 and 1977. are administrative decisions, from which disturbing dimensions to the fears that July 14, 1975 EXTENSIONS OF REMARKS 22705 prompted the adoption of the fourth search and seizure. It is clear that this What if the military were enlisted to amendment. Concealed cameras with protection has been circumvented on aid the President in his declaration of telescopic lenses, tapped telephones, lis­ many occasions. an emergency-which, in fact, is not an tening devices that can hear through Some legal and constitutional scholars emergency-as recently happened in In­ walls, computer data banks that recall maintain that all wiretapping should be dia? In my statement on government the most minute details of our lives­ illegal. To them, there is no such thing structure, I wrote: all are instruments that could be used by as "probable cause." In my statement of The United States has never had a mlli­ tax auditors, credit investigators, and this dialogue on government structure on tary coup. Our tradition and statutes which personnel managers to snoop on us. June 9, I observed: "Our judicial sys­ maintain civilian control over the military Small wonder that the courts have been tem is not widely admired beyond the are sound. This fundamental concept ap­ broadening the fourth amendment to borders of the Nation. Often people be­ pears to be adequately protected. But ts it? support a right to privacy against many come judges with too little competence Secretary of Defense James Schles­ new forms of search and seizure." and background. At the lower court level, inger had fears. Last August 5, in the Just last month, the U.S. Court of Ap­ the system is too political." Do politically midst of the resignation-impeachment peals for the District of Columbia ruled appointed judges too easily grant "prob­ storm, the Secretary ordered all mili­ that the President has no authority to able cause" when requested by their po­ tary commands to accept no direct orders wiretap a domestic organization without litical sponsors? Some civil libertarians from the White House or any other court approval, even if the surveillance have concluded that they do. Are there source without his personal counter­ is carried out in the name of foreign in­ viable alternatives? signature. telligence gathering. In ruling such war­ These basic questions have profound It is tragic that the Secretary felt the rantless wiretaps to be illegal and un­ implications for all Americans. There are need to issue such an order, though I constitutional, the court said "no" to a others. commend him for it. procedure which Presidents have utilized If warrants can easily be obtained to Finally, I favor an annual inventory for more than 30 years. wiretap, what is to prevent their use to of where we stand on the question of Can we be sure that President Gerald justify other invasions of privacy? For fundamental liberties. And this should Ford and future Chief Executives will example, could the Internal Revenue be something more than the publication heed the Court's ruling? Recent trends Service obtain court permission to gath­ of a document by a group such as the do not augur well. From figures released er data which are completely unrelated American Civil Liberties Union, impor­ in June by Attorney General Edward to tax matters? tant as such contributions are. Perhaps Levi, we learn that unwarranted Govern­ It would be unthinkable for the court this official annual inventory should ment wiretaps, in the name of national to sanction an activity such as Opera­ come from a distinguished panel ap­ security, have increased appreciably the tion Leprechaun. This clandestine pro­ pointed from year to year by the Presi­ past 2 years. The yearly average for gram, funded by Federal money, consist­ dent or the Attorney General. Or per­ such illegal taps from 1969 through 1972 ed of an ms undercover agent collecting haps it should be an annual grand jury, was 108; the next 2 years saw that an­ information about the personal habits of selected at large from among the citi­ nual average increase to 156. Unwar­ certain public officials in Florida. Sexual zenry just as we select every other grand ranted microphone surveillances, which and drinking activities were especially jury. That special grand jury convened record room conversations through the scrutinized. In no way should an agency each year would have as its only respon­ use of hidden "bugs," doubled during of our Government engage in such activ­ sibility an assessment of where we are this period-from an average of 20 to 41. ity against any citizen. I am proud to be going as a nation in the internal defense These figures are only Federal sta­ a cosponsor of H.R. 5818, which would of our freedoms. tistics-a small fraction of the national amend the 1954 Internal Revenue Code to Our 200 years of history can be de­ total. A Rutgers University study some limit the inspection of individual tax re­ ceptive, for it may lead us to believe that years ago found that State and local turns and to restrict the disclosure of freedom is an invincible force. It is not, policemen who engaged in legal wire­ information. as the history of far too many nations tapping prior to their retirement almost We must also insure our right to send shows. Freedom is a delicate ftower which all went to work for private detective and receive mail in complete privacy. It must be nourished and protected, not agencies and did illegal wiretapping fol­ is illegal and unconscionable for a gov­ just when foreign forces threaten with lowing their retirement. When I served ernment agency to intercept and secret­ their arms. An even greater threat to a.s Lieutenant Governor of Dllnois, I ly read our mail. freedom probably always will be those once had a particularly sensitive meeting Recently, the Chief Postal Inspector of within our Nation who in their zeal to scheduled which involved how we should the United States admitted that for 20 perform their governmental functions­ handle a 29-29 tie in our State Senate. years, the CIA opened and read mail of particularly in the field of security-lose When a staff person conacted a local pri­ U.S. citizens, knowing that the Agency sight of the ultimate ideals for which vate agency to see if they could clear violated Federal law. When the Govern­ this Nation stands, though sometimes not the room for any possible bugging de­ ment abridges any of our constitutional too firmly. vices, we were advised that the agency rights to privacy, we must protest. I hope others will join in the discus­ did not know how to clear the room, but Throughout our history, from the Alien sion of how we can protect our freedoms. they did know how to bug one. During and Sedition Act of 1798 to McCarthy­ one period of racial tension, I recall that ism, open attempts to repress civil lib­ the Governor of Illinois was reluctant to erties have succeeded only temporarily. discuss over the telephone the handling However, none of us is able to fight what "TREASURY'S GOLD FIASCO" of certain matters I might face while he we do not know. We suddenly have be­ would be out of the State. Something is come more civil liberties conscious as a HON. LARRY McDONALD wrong when the two top officials in a result of the Watergate scandal and the OF GEORGIA State-or any two citizens-must be con­ revelations since then. But I can assure IN THE HOUSE OF REPRESENTATIVES cerned about someone listening to or tap­ you that this interest will pass, and there ing a conversation. Every citizen ought will all too soon be a small vanguard of Monday, July 14, 1975 to be free to denounce the President of those zealously protecting the funda­ Mr. McDONALD of Georgia. Mr. the United States, the Congress, and any­ mental rights of our citizens. And once Speaker, although not widely reported one else over the telephone without fear again the secret machinations of Gov­ in the U.S. press, the following article of the invasion of his or her private con­ ernment will, I fear, grow. from the Sunday Telegraph of London versation. Nearly 500 Federal laws delegate extra­ makes it clear that the Treasury Depart­ All of us, 215 million Americans, must ordinary powers to the President during ment's recent sale of 500,000 ounces of be gravely concerned about these viola­ a national emergency. What is to pre­ gold was a complete failure. tions of a sacred constitutional safe­ vent a Chief Executive from using the Designed as means to allow American guard. The Founding Fathers. through guise of such an emergency only to pro­ buyers to purchase gold here instead of the instrument of "probable cause," tried tect his incumbency? Should there not be importing it, huge sums instead went to to insulate us from frivolous-, arbitrary a thorough review of those lawSi? European banks and bullion dealers in- 22706 EXTENSIONS OF REMARKS July 14, 1975 eluding N. M. Rothschild & Son. Envi­ why the auction blew up in the Americans' CIA ASKED ME TO SPY ON RUSSIA: sioned as a means of bringing much­ faces. CYRUS EATON needed revenue into the Treasury, the Aides to the Treasury Secretary say pri­ vately that the Americans could well aban­ sale raised $82.4 million-about $1 mil­ don such auctions and that the Simon review lion less than could have been obtained could lead to the Ford Administration drop­ HON. LOUIS STOKES on the open market. ping its crusade to drive gold out of the in­ OF OHIO My reasons for calling attention to this ternational monetary system. IN THE HOUSE OF REPRESENTATIVES are neither partisan nor political. In fact, What upset the Treasury ls that only eight Monday, July 14, 1975 I have found myself in agreement with of the 758 bidders made off with nearly three­ many of the goals Treasury Secretary quarters of the 500,000 troy ounces of offi­ Mr. STOKES. Mr. Speaker, I would William Simon has been fighting for, cial U.S. gold at a price of $2 below pre­ like to bring to the attention of my vailing world market levels. Most of the colleagues a news article that appeared particularly with respect to controlling lucky eight bidders were European banks and Federal spending e.nd balancing the bullion dealers including N. M. Rothschild in the Toronto Star on June 16, 1975, budget. What does concern me, however, and Son, which only added to Mr. Simon's concerning CIA harassment of the dis­ is that Mr. Simon is apparently continu­ pique. tinguished Mr. Cyrus Eaton of Cleve­ ing the policy set down by Henry Fowler, And not the least of Mr. Simon's annoy­ land. John Connally, and especially Paul ances ls that the government received $82.4 It is interesting to note that the CIA's Adolph Volcker, of considering gold a million in revenues from the sale-about $1 improperieties are most definitely inter­ "barbarous relic" and attempting to million less than if the Americans had sold national news, as the Toronto Star is the the gold on the open market, writes Lewis in eliminate its use as a monetary standard James in Washington. largest and most influential paper in international exchange as well as to­ Publicly, of course, Mr. Simon put up a Canada. Mr. Eaton's problems with the tally separating it from the U.S. dollar. brave front after the auction. The sale, he CIA are just additional evidence that the It is clear why statists of all persua­ noted, represented only two-tenths of one thne has come to abolish the entire sions want to de-monetize gold: gold per cent of the U.S. official gold holdings. organization: possesses all the necessary character­ And yes, the Treasury planned to sell more [From the Toronto Star, Mon. June 16, 1975) gold "from time to time." But when pressed CIA AsKED ME To SPY ON Russu: istics to serve as money and cannot be he said the time, conditions and amount of printed at will by the Government. Thus gold that might be offered, "will depend on CYRUS EATON with gold serving as a monetary stand­ market conditions at that time." (By Lynda Hurst) ard, the statists are unable to finance Aides to Mr. Simon stressed to me in pri­ CLEVELAND, OH10.-Cyrus Eaton, Canadian­ their welfare-state programs through vate conversations that both the Secretary born millionaire industrialist, says he was inflation. In short, gold forces politicians and President Ford remain committed. to the asked by the U.S. Central Intelllgence Agency to be honest. policy that gold's role in international mone­ to spy on Russia during his frequent trips History has shown that with no objec­ tary affairs must be diminished.. Moreover there in the late 1950s and early 1960s. they added that the bulk of Treasury's pol­ "They told me my 'wonderful relationship' tive monetary standard, governments icy staff also clings to the theory that peri­ With the Soviet leaders could be of immense sooner or later are unable to control the odic gold sales by the U.S. of its 25 billion use to them," said Eaton, 91, in an exclusive money supply. Europeans, having more ounce stock not only help curb gold imports interview at his Terminal Tower office in directly experienced the ravages of infla­ but add pressure to the metal's attractiveness Cleveland. tion than Americans, are well aware of as an official reserve. "I stopped them right there, horrified at the dangers of paper money unbacked by At the core of the Treasury's concern, how­ the suggestion, and refused. I told them I gold. Thus Treasury's goal of eliminating ever, ls dismay that the Agency should have greatly resented. their thinking I was that gold from international exchange is misread both the level of domestic demand kind of man. Under no circumstances would for gold by American buyers as well as un­ I ever co-operate with the CIA," he said. probably doomed to failure. And such Eaton's personal and business relations measures as gold auctions achieve the derestimating the determination of Euro­ with Soviet leaders Nikita Khrushchev and exact opposite of their intended pur­ peans to support bullion. Anastas Mikoyan during the Cold War years pose-the Europeans make-off with most And some of the embarrassment ls under­ were widely criticized in the U.S. He was de­ of the gold. And why not? The U.S. standable since Treasury officials from Simon scribed in newspaper reports at the time as on down had bragged last week that the auc­ Treasury is, in effect, o:fiering them a "soft on communism." Statements from the tion was a "can't lose" plan in which the U.S. State Department criticized him for subsidy: gold at a price under the free world enthusiasm for gold was bound to be "usurping government power by dealing pri­ market level. dampened. vately With Soviet countries." Thus instead of increasing pressures The strategy of the Treasury was for He went on to attract world attention by for elimination of gold from interna­ American dealers to come in to bid for what playing host to an annual conference of tional exchange, the Treasury's policy gold they wanted at the price they wanted world leaders and intellectuals at his birth­ has probably increased pressures for its and thereby by-pass importing gold from place in Pugwash, N.S. In 1960, he was awarded the International Lenin Peace Prize. retention. And when, in the near future, abroad. If the Americans bought out their gold reserves are revalued by countries Eaton said h1s refusal to spy on his Soviet auction, that was fine with the Treasury. friends led to "CIA-organized harassment around the world, the United States will But if tho set price was, say, $5 off the world and denunciation of me in the press. be minus 500,000 ounces of gold sud­ price, or if it · was undersubscribed-as the "My phones were tapped and I was shad­ denly worth about four times its previ­ January auction was-then they would gig­ owed," he said. ous value in international exchange. gle at the impact on world prices. "They planted stories critical of me in the Putting this on the personal level, no The strategy came unglued when the press, hoping to hurt my business dealings. individual would sell off his assets at less American industrial users and bullion deal­ They knew I had no political ambitions, so than market price if he knew these same ers entered bids last Monday that were both they couldn't get at me there. As it turned low in volume and spread over a Wide range out ,they couldn't harm me in business, assets were soon to be more valuable. either." of prices-generally on the low side of the Why should we be following just such a Eaton made his millions through holdings disasterous course at the national level? current market price. in ut11ity companies and major coal, iron, Auctioning gold now is comparable to The Europeans on the other hand, dis­ steel and railway corporations. He has been selling gasoline reserves 2 years ago at played pin-point accuracy in bracketing the a director of such firms as Republic Steel, about 25 cents per gallon. $165-$167 range with such large volume or­ Inland Steel, the Chesapeake & Ohio and And the Treasury claims to be con­ ders that, while there were enough orders for Baltimore & Ohio railroads, Sherwin-Wil­ cerned about budget deficits. 4.1 million ounces, there was room only for liams Paint Co., and Cleveland Trust Co. the most hardy of American bidders. In all Commenting on the current investigation GoLD F'IAsco: U.S. MAY DROP SALES only 70 U.S. orders were filled for only 41 of CIA ac·tivities in the U.S., Eaton said: Last Monday's gold auction fiasco ln the firms-out of 758 bidders. "The CIA is a wicked institution which United States, in which the European banks The Americans literally went to bed last must be abolished. . . . as long as Gerald scooped the pool of the U.S. Treasury's 500,­ Ford, who ls of the old-fashioned way of ooo ounces of gold on offer, ls llkely to make Monday evening thinking that the huge de­ thinking, doesn't try to protect or downplay the American Government drop any future mand meant a successfUl sale to American the evidence. plans to hold gold sales. users. They awoke Tuesday morning to dis­ "I think Nelson Rockefeller has tried to U.S. Treasury Secretary William Simon has cover that the Europeans had hit the market do a fair job on the CIA's internal activities. ordered a top-level confidential review of price range in such force that the auction But I've known Nelson since he was age 2 last week's sale in an attempt to discover could not be canceled. or cut. and maybe I'm biased. What we're dealing July 14, 1975 EXTENSIONS OF REMARKS 22707 with here is an American Gestapo. They're "The CIA has always tried to give the world for nothing in the end. Of course, they then probably listening to us right now. But I the impression that the U.S. is rabidly anti­ had to foment and organize army activity don't care. Thank God, it's finally time to communist. And of course there has been and were responsible for Allende's ultimate talk." great suspicion of communism here, espe­ death. It was a brutal and shabby piece of "NO COMMENT" cially a.fter Senator (Joseph) McCarthy got work, organized by a group of bullies, thugs When phoned in Washington, a CIA through with everyone. But it was not a sus­ and blockheads," he said. spokesman, who asked not to be identified, picion based on sound knowledge; it was Eaton sad he visited Allende just a.fter his said the agency's response to Ea.ton's allega­ manipulated and inspired, exaggerated and election in the winter of 1970, and Allende tions was "no comment." organized by the CIA. The agency thrives on gave him a birthday party. All the ambassa­ But he went on to say: "Everyone's starting suspicion and hostllity. If they keep the dors came, except the U.S. representative. to get in on this a.ct. They're going to pin country in that fearful state of mind, they Instead, "he sent a CIA thug," Eaton said. the Crucifixion on us next." can expand their usefulness and power. It ls "And then he had the nerve to ring me up Ea.ton talked for more than three hours dreadful," he said. for tea. But, of course, all he really wanted last week about his dealings with the CIA Eaton contends that the CIA has infiltrated to know is what had been said in talks with over the past 20 yea.rs, and what he said was every country in the world, including Canada. Allende. I didn't tell him anything." the agency's involvement in Chile, Cuba and He says the U.S. government was "furious A DYNAMIC MAN North Viet Nam. when Canada recognized Cuba, and they've kept track of Canadian-Cuban relations. Of Eaton said he knows nothing of allegations He said the chairman of the U.S. Senate that the CIA tried on several occasions to committee investigating the CIA, Democrat course, when all our draft dodgers went up to Canada, that was yet another area for their assassinate Cuban Premier Fidel Castro, and Frank Church, of Ida.ho, has contacted him he dismisses the theory that Castro retaliated about his experiences with the agency. Ea.ton surveillance." According to Eaton, an outstanding ex­ by having President John F. Kennedy mur­ said he ls not seeking to testify, but would be dered. willing to share his information with ample of the CIA's "gross manipulation of world events" was the Viet Nam War situa­ "Castro is too intelligent to have anything investige.tors. to do with the killing of an American presi­ Eaton called the CIA "the biggest obstacle tion in late 1969. At that time, the official U.S. position was dent. He ls a man too dedicated to the wel­ to world peace now in existence. The kindest fare of Cuba and its people. He would never thing anyone can do now for the United that the North Vietnamese were refusing to participate in reasonable negotiations. do anything to jeopardize that welfare. He States is to denounce the CIA. The more Js a dynamic man, enormously popular support like this the investigators get, the "Well ... I thought it was a good time for me to go over and see what the situation there." more they will dig deeper into the CIA's really was. I prepared extensively for my trip Eaton contends that CIA-inspired fear and scandalous history." by talking with the White House, the State host111ty in the U.S. Js paranoiac and un­ DINNER HOST Department and the Pentagon, then going to realistic. With Canada a.net Mexico as neigh­ Ea.ton said he was first "victimized" by the Paris for talks with the French Foreign Office bors, he said, it is ludicrous to fear invasion. CIA in October, 1955, when the U.S. State and then on to Moscow where (Alexei) Kosy­ "You simply can't have a worldwide orga­ Department asked him to be host at a private gin and (Leonid) Brezhnev made available to nization devoted to this kind of spying. I dinner for a group of visiting Russian jour­ me a dozen Russian experts on Asian bank· know the Communist countries do it too, but nalists, including the son-in-law of then­ ing, trade, politics and agriculture. maybe if we stopped, then they would. We premier Nikita Khrushchev. He was told the "I met with North Viet Nam leader Pham all know the different embassies throughout journalists wanted to meet "a typical U.S. Van Dong in December of 1969 and asked the world collect enough information to keep capitalist." him if, in fact, there were terms under which one side aware of what the other side is "Well, I've never considered myself a typi­ he would negotiate and possibly end the war. doing. And that is sufficient." cal U.S. capitalist, so I said no. The State He said yes, but that his information was Department phoned me back and said they that no matter how agreeable the North was couldn't get anyone else to entertain these to negotiations, Nixon would not pay atten­ fellows, so I would have to." tion. THE FEDERAL GRAND JURY Eaton said he doesn't know how word of THE APPLE CART the visit got out, but on the da.y the group "I asked him if I could get Nixon to agree, arrived the public square through which they would he agree to meet with the president, HON. JOHN CONYERS, JR. had to drive en route from the airport to his anywhere in the world? He said yes. OF MICHIGAN home was crowded with "a howling, scream­ "But, of course, that upset the apple cart IN THE HOUSE OF REPRESENTATIVES ing mob all denouncing Russia." back in Washington. When I returned I Eaton told his chauffeur to take a different spoke with then Secretary of State William Monday, July 14, 1975 route. But when the journalists were to re­ Rogers. I told him the North Vietnamese Mr. CONYERS. Mr. Speaker, it is in­ turn that night, a. State Department official were willing to talk. He told me I was wrong, insisted the group be driven through the that his CIA agents in Hanoi were keeping deed curious that one of our most sig­ mob, regardless of the danger, Eaton said. him informed dally on what Pham Van Dong nificant juridical institutions-the grand The journalists were pelted with tomatoes and his cohorts were thinking and planning. jury-is virtually ungoverned by statute, and rocks and Eaton's chauffeur was attacked Rogers said on the basis of this information case law or guidelines of the courts. AB in the ensuing demonstration, he said. he felt the only policy the U.S. could take Professor Charles Ruff of Georgetown The incident was repeated four years later was force. That was all the North Vietnamese Upiversity School of Law points out, "it when then-Soviet Deputy Premier Mikoyan could understand." visited Eaton regarding a private business is the prosecutor who :fills this legal "The horrible irony is that Nixon and Rog­ vacuum, and his discretion is exercised venture and was driven through the same ers were operating on exaggerated and mis­ public square at the insistence of a State leading information supplied to them by CIA within parameters that are only vaguely Department official. agents in the North. To say Hanoi wasn't defined." "I knew these mobs were not spontaneous prepared to negotiate at that time is not true. Today when the reach of govern­ outbursts. They were too well planned, too, Consequently, we had flve more needlessly mental activity into private and public in-the-know about routes and times. I sus­ prolonged years of war, huge expense, ill life is so great, there is all the more need pected then they were organized and paid for repute a.round the world and thousands more to restore the grand jury to its role of by the CIA. I also began to suspect that the of our young men killed. That's the CIA for protecting individual rights. We must State Department and the CIA were working you." hand-in-hand. Eaton said CIA "bungling" has done more seek remedies to abuses that result from "Several years later, I checked out my to promote communism than repel it; he the arbitrariness of prosecutors and law theory with a very high-ranking friend in the cited Viet Nam, the unsuccessful Bay of Pigs enforcement agencies. government. He told me not to quote him but invasion in Cuba, interference in Chile that Before the Judicial Conference of the that my theory was correct. The CIA was to he said led to the death of Marxist President District of Columbia Circuit on June 2, blame. Of course, I knew all along. No other Salvatore Allende in 1974. 1975, Professor Ruff advanced some im­ institution in the U.S. at that time had the Eaton says· the U.S. did not want Allende portant insights into the contemporary money to pay for that kind of demonstrating in power because of his Communist beliefs, Federal grand jury, particularly into the and the wherewithal to keep it covered up." nor did it want Christian Democrat former use of grand juries by prosecut.ors. He CUBAN LINK President, Jorge Alessandre, so it backed the former Chilean ambassador to the U.S., Dr. recommends needed reforms, in partic­ Demonstrators appeared again in Septem­ ular a more active role of the courts in ber, 1960, when Khrushchev and the heads Radomiro Tomic, a "man they know would of the Soviet states came to speak at the be subservient. overseeing grand jury proceedings. United Nations. Eaton entertained the group SPLIT THE VOTE I wish to share with my colleagues a at a series of luncheons in his Cleveland "The irony ls that by backing a third can­ portion of hJs paper at the Judicial Con­ offices, and on each occasion angry demon­ didate, the CIA so effectively split the vote ference. His remarks constitute a cogent strators were on hand. that the very man they hated got in. They argument for Congress to assist the Eaton says he believes the CIA organized spent millions of dollars disrupting the whole Judiciary by enacting legislation that and paid the majority of the demonstrators. Chilean political system during the '60s-all safeguards the rights of witnesses, the 22708 EXTENSIONS OF REMARKS July 14, 1975 independence of grand juror~ and that cal groups under the banner of national se­ of such works as the ABA's Standards Re­ strengthens the supervisory role of the curity, and some of this criticism was un­ lating to the Prosecution Function provide doubtedly justified. The convening of grand some general guidance, but It ls my impres­ court. juries in districts far from the place where sion that the young prosecutor learns most REMARKS OF PROFESSOR CHARLES RUFF AT the principal criminal activity was alleged to about his obligations and his powers by THE JUDICIAL CONFERENCE OF THE DIS­ have occurred, the confining of material and watching and listening to and, less fre­ TRICT OF COLUMBIA CIRCUIT recalcitrant witnesses for long periods, the quently, questioning the senior attorneys to Whether destined to serve for one or two questioning of witnesses about their politi­ whom he is initially assigned. This system months as the mechanism for processing cal and social beliefs and those of their operates on the very basic assumption that routine criminal cases or destined to serve friends-ell these were techniques which, the federal prosecutor is honest and com­ for eighteen months as the vehicle for pur­ given different times and different people, petent and sensitive to the ethical and moral suing complex investigations of white-collar might have been used or at least might have considerations which ought to govern his or organized crime, the federal grand jury been used more sparingly. But no one of conduct, and I think that this assumption is created at the behest of the prosecutor and these devices is, on Its face, in violation of ls in large measure a valid one. Assumed spends its existence under his vii"tually to­ the Constitution, the laws of the United competence, however, is not enough; there tal control. Although, just like the petit jury, States, or the Federal Rules of Criminal Pro­ must be generated within the Department of it is the child of the court, its diet, schooling, cedure, and except for infrequent Instances Justice and in each United States Attorney's and behavioral training are left to the prose­ of intervention by the district courts and the office candid, self-analytical evaluation of cutor. Its parent gives it some very general courts of appeal, their use went on ba.sically the prosecutor's role in the grand jury proc­ instruction at birth and sees it again only unchecked. ess, and each prosecutor must be trained not when it has voted to return an indictment Imaginative and aggressive counsel for only in the law of the grand jury but In what or when, usually at the behest of the prose­ witnesses and defendants were able to make has heretofore been the unarticulated con­ cutor, it is ready to be dissolved. There is no some impact--to challenge the use of the sensus as to the ethics and morality of prose­ other aspect of the court's activity that goes contempt power in situations where the cutorial conduct. on so far outside the bounds of judicial con­ questioning was premised on information But even this kind of training is not trol. The Constitution, a few statutes, and a obtained through illegal electronic surveil­ enough. I come back to the point where I few rules of criminal procedure sketch out lance, Gelbard v. United States, 408 U.S. 41 began. The grand jury ls, whatever its mod­ the boundaries of the grand jury's power, and (1972); In re Schofield, 486 F.2d 85 (3rd Cir. ern role as a prosecutive mechanism, the occasional court decisions reaffirm its his­ 1973), or the use of one grand jury to in­ child of the court and the court has the toric role as society's inquest. But most of quire into matters which were already the responsibility for insuring at least a mini­ what happens inside the grand jury room is subject of pending charges. See, United mum level of performance by its progeny. not governed by statute or case law. It is the States v. Doe, 455 F.2d 1270 (1st Cir. 1972). For the most part, efforts in this direction prosecutor who fills this legal vacuum, and For the most part, however, a witness sub­ have taken the form of opinions by various his discretion is exercised within parameters poenaed before a grand jury could be courts of appeal as isolated issues have come that are only vaguely defined. expected to appear and testify without the before them in the course of some criminal The Supreme Court, in an almost unbrok­ propriety of the prosecutor's conduct ever litigation. See, United States v. Estepa, 471 en·une of decisions, tells us that the powers being brought to the attention of the court. F. 2d 1132 (2d Cir. 1973) (use of hearsay of the federal grand jury are practically Um­ I suggest that virtually the only restraints regulated as an exercise of the court's super­ ltles, and concomitantly without limit a.re imposed on the prosecutor's use of the grand visory power); or United States v. Gaither, the power of the federal prosecutor. We know jury are those which he imposes on himself 413 F. 2d 1061 (D.C. Cir. 1969). This ap­ that a police officer cannot, at lea.st without as a matter of his personal and professional proach is, of course, the appropriate one in some judicial supervision, arrest a citizen and morality or which are imposed on him as a most areas of the law but ls really a very take him to the police station to obtain his matter of policy by his superiors. On occa­ haphazard means of dealine with the difficult fingerprints, Davis v. Mississippi, 394 U.S. 721 sion, it is clear, such restraints are ineffec­ and sensitive issues that arise out of the (1969), but by filling in a subpoena already tive, and decisions are made and actions grand Jury. Rule 57 of the Federal Rules of signed and sealed by the clerk of the court taken that, whatever their legality, trans­ Criminal Procedure provides that the district the prosecutor can require that citizen, under gress the limits of prosecutorial discretion. court may make its own rules so long as they pain of con tempt, to come to the courthouse These transgressions are more likely to be are not inconsistent with those promulgated for the identical purpose. United States v. forgiven when they occur in organized crime by the Supreme Court, and since the few Dionisio, 410 U.S. 1 (1973); United States v. investigations than when they impact on provisions that do deal with the grand jury Mara, 410 U.S. 19 (1973). We know that a First Amendment rights in so-called "do­ {Rules 6, 7 and 17) scarcely pre-empt the search warrant for the books and records of mestic security" investigations, but for a field, there is little to prevent any district a law firm could issue only on a. showing that vision of what might be one need only look court from using its rule-making power to there existed probable cau~e to believe that to the recent history of the New York special impose some controls over the manner in a crime had been committed and that those prosecutor's office. Whatever judgments are which its grand juries are employed. records constituted the fruits, instrumen­ made about the legality of his conduct or its Take the question of the recording of talities, or evidence of that crime, but the propriety, nothing comparable occurred dur­ grand jury proceedings as an example. Rule prosecutor can force a partner in that firm, ing the halcyon years of public corruption 6(d) merely provides that a stenographer who may himself be the target of the investi­ prosecutions in the federal courts. may be present in the grand jury room; the gation, to turn the same records over to the Among the mechanisms for contro.Uing the cases have uniformly held that there is no grand jury without having made or even conduct of the proEecutor before the grand requirement that any or all grand jury being able to make any showing of relevance jury are the internal guidelines promul­ testimony must be recorded. Although the or materiality to the investigation of speci­ gated by the United States Attorney, some practice in this regard varies from district fic criminal activity. See, Bellis v. United examples of which have been cited by Mr. to district, the absence of any statutory or States, 417 U.S. 85 (1974). We know that a Glanzer, and the policies, some formal and judge-made control over the recording proc­ witness before the grand jury may be con­ some informal, that issue out of the Justice ess opens up substantial potential for abuse. fronted with evidence seized in violation of Department for the guidance of all federal It would, for instance, be possible for a pros­ his Fourth Amendment rights, United States prosecutors. For example, as the result of the ecutor to record only the testimony of wit­ v. Calandra, 414 U.S. 338 (1974), and we have litigation over the newsman's privilege, the nesses he believed to be hostile or possible reason to believe that the grand jury sub­ Attorney General issued a formal regula­ witnesses for the defense at trial so that poena could require the witness to produce tion requiring his specific authorization be­ he would have the transcripts available for records the existence of which was discovered fore a subpoena could issue to any mem­ cross-examination while not recording the by means of that violation. (Is there anything testimony of law enforcement officers and ber of the news media, 28 C.F.R. § 50.10, and left of Silverthorne Lumber Co. v. United on a less formal level there have existed over other favorable witnesses and thus evading States, 251 U.S. 385 (1920), after Calandra?) the years general departmental policies coun­ the impact of the Jencks Act. The Northern The grand jury's subpoena requires the seling restraint in the calling of targets be­ District of Illinois requires, by way of its reporter to provide information obtained fore the grand jury and restricting the use own rules, that all proceedings before the from confidential news sources, Branzburg v. of multiple contempt proceedings to extend grand jury be recorded, including the state­ Hayes, 408 U.S. 665 (1972), requires brother the incarceration of recalcitrant witnesses. ments of the prosecutor, but that broad to testify against brother or daughter against The Department also issues a "Practical requirement is extremely rare if not unique, father, and even requires, at least under cer­ and in most districts only the individual tain circumstances, the President of the Handbook of Federal Grand Jury Procedure" policy of the United States Attorney de­ United States to disgorge tape recordings of that is distributed to all Criminal Division termines what, if any, testimony is recorded. attorneys and assistant United States Attor­ This kind of problem is particularly his conversations with members of his per­ neys and is designed to insure some unifor­ sonal staff. Nixon v. Sirica, 487 F.2d 700 amenable to solution by local rule, but oth­ (1973). Given the potential for abuse inher­ mity, in practice, although my experience in ers may be as well-the use of nonpartici­ ent .in this kind of power, it is, perhaps, sur­ some of the farther-fiung federal districts pating agents to present cases simply by read­ prising that we have not heard more con­ would indicate that there is a surprising level ing investigative reports to the grand jury cerning prosecutorial misconduct. of ignorance about the most basic rules of (the Estepa question), the issuance of Dioni­ From 1969 to 1973 much was said and writ­ grand jury procedure. sio-type subpoenas, perhaps the calling of ten about the use ·of the grand jury as a Obviously the provisions of the Code of young children as witnesses, or even the giv­ deyice for. ~he harassment of dissident politl- Professional Responsibil1ty as well as those ing of warnings to witnesses. Given the po- July 14, 1975 EXTENSIONS OF REMARKS 227109 tential scope of the court's role in directing a proposed weapons deal. Thus any re­ sacred memory of Richard Allen, their the grand jury's conduct, perhaps it would duction must be accomplished through founder. be appropriate for the court to begin an in­ formal inquiry, in cooperation With the a concurrent resolution to disapprove. Third. To advocate respect and loyalty United States Attorney, to determine what Time is critical-we have only until July at all times to constituted authority and problems do exist or may develop and 30 to act. If the House and Senate fail t.o leadership whether they can be dealt with more effec­ take action by that date, the sale will Fourth. To encourage the laity to sup­ tively by the issuance of rules than by piece­ automatically go through. port the total program of the church in meal litigation. In any event I think it im­ There are many questions left unan­ the local congregation in the community, portant to recognize that the courts have the swered in this deal. Last month I in­ and throughout the connection. power to play a more active role than they now do, and I believe that judicial activism troduced a resolution of inquiry, House Fifth. To encourage, stimulate and in this field is warranted despite the diffi­ Resolution 552, in an attempt to find educate the laity of their church in the culties that will undoubtedly arise in draw­ those answers. The administration's ini­ history, development, and organic laws ing the line between reasonable participa­ tial response was incomplete, inad­ of African Methodism. tion and undue interference with the prose­ equate, inaccurate, and misleading. Sixth. To foster a systematic and reg­ cutorial function. In an attempt to get those answers, ular study of the discipline of the Afri­ the International Relations Subcommit­ can Methodist Episcopal Church, and tee on International Political and Mili­ parliamentary procedure, to the end tary Affairs will hold a public hearing that greater knowledge and information RESOLUTION OF DISAPPROVAL Wednesday afternoon. may be disseminated among the laity, I regret that the administration has and with the further purpose of en­ HON. BENJAMIN S. ROSENTHAL been less than candid with the Congress couraging lay members to participate and the American people in this matter. more largely in the general functioning OF NEW YORK We have been misled about the size of and supervision of the African Methodist IN THE HOUSE OF REPRESENTATIVES the sale and the weapons involved. But Episcopal Church. Monday, July 14, 1975 more importantly, this sale represents Seventh. To foster, influence, and sup­ Mr. ROSENTHAL. Mr. Speaker, I am an important new course in American­ port all constructive and progressive leg­ deeply disturbed by administration Middle East policy, yet the Congress was islation for the church. plans to sell the Government of Jordan not consulted in the development of this Eighth. To provide for greater in­ and advanced antiaircraft weapons sys­ policy, which is not even acknowledged tegration and recognition in the African tem costing in excess of $350 million. by the administration. Methodist Episcopal Church, promote This sale, according to published re­ For a fuller discussion of this subject, the spread of personal evangelism, pro­ ports, includes 14 batteries of Hawk I direct Members' attention to page vide training in Christian stewardship, ground-to-air missiles for about $260 21882 of the CONGRESSIONAL RECORD of open new areas of service, increase the million, 8 batteries of Vulcan antiair­ July 9, 1975. In addition to a detailed circulation of the church papers, pro­ craft cannon at approximately $90 mil­ statement of the issues involved, Mem­ vide better support for the churches and lion, and 300 shoulder-fired Redeye an­ bers will find there the text of the res­ the ministry, provide for the orderly tiaircraft missiles costing some $4 mil­ olution of inquiry and the White House's training of laymen for effective service, lion. comments on it. and promote the fellowship of laymen This sale exceeds by approximately $90 throughout the connection. million the total value of all military as­ Mr. Speaker, I am sure that all of my sistance the United States has given and colleagues in the House join me in ex­ sold to Jordan over the past 12 years. CONNECTIONAL LAYMEN'S tending their best wishes for a most Between 1962 and 1974, U.S. military ORGANIZATION successful convention. grants to Jordan totaled $193.7 million and foreign military sales credit were HON. LOUIS STOKES $69, for a total of $262. 7 million. The OF OHIO "HUMAN RIGHTS IN CHILE" present Hawk/Vulcan/Redeye deal is IN THE HOUSE OF REPRESENTATIVES believed to be in the neighborhood of $350 million, to be paid in cash by Saudi Monday, July 14, 1975 HON. LARRY McDONALD Arabia. Mr. STOKES. Mr. Speaker, on Au­ OF GEORGIA In my opinion, this transaction repre­ gust 3 to 8, 1975 the Third Episcopal IN THE HOUSE OF REPRESENTATIVES sents a fundamental shift in U.S. policy District Laymen Organization of the in the Middle East and it will signifi­ African Methodist Episcopal Church, Monday, July 14, 1975 cantly alter the balance of power in that representing the States of Ohio, Penn­ Mr. McDONALD of Georgia. Mr. part of the world. sylvania, and West Virginia, will be host Speaker, the recent decision of the Therefore, along with a number of to the Connectional Laymen's Organiza­ Chilean Government not to receive a my colleagues on the House Committee tion's Convention at the Cleveland Plaza visit from a working group of the United on International Relations, I am today Hotel. Nations Commission of Human Rights introducing a resolution of disapproval The Connectional Laymen Organiza­ was widely reported in the American in accordance with Sec. 36 (b) of the For­ tion has a distinguished history, as it is press. However, the reasons cited by the eign Military Sales Act. Under that pro­ a combination of the Laymen's Organi­ Chilean Government for taking this ac­ vision, adopted by Congress last year, zation and the Laymen's Missionary tion were not so widely reported. arms sales in excess of $25 million must League of 1912. The organization is pres­ I was in Chile on July 1 through July be submitted to the Congress for possible ently headed by Mr. J. D. Williams who 4, just prior t.o and during the time this disapproval. was elected to a 4-year presidency in decision was reached, and spoke to many Regrettably, the Redeye sale was de­ 1972. Chilean ofHcials about it, including tached from the other two weapons sys­ The object and purpose of this orga­ President Pinochet. They were obviously stems to keep it out of public and con­ nization is t.o organize and train the lay concerned but apprehensive. On the one gressional scrutiny. This is particularly members of the African Methodist hand, they welcomed any investigation unfortunate because Redeye in many Episcopal Church in every Episcopal dis­ into the status of human rights by im­ ways has the most potential for danger. trict, annual conference, and local partial and objective observers. Such a It is a shoulder-fired, hand-carried church in the Connection to the end group could set the record straight and version of the deadly Sidewinder heat­ that the following objectives may be help to counteract the Communist prop­ seeking missile. In addition to provid­ achieved: aganda campaign unleased against ing excellent coverage for advancing First. To instill in the membership them. But on the other hand, many of troops, it is an ideal weapon for guerril­ of the church a great love for, and ap­ the reports issued by similar groups las and airport terrorists. preciation of the history, tradition and visiting Chile recently have been nothing The Foreign Military Sales Act does principles of African Methodism. but a series of lies, misrepresentations not permit Congress to modify or change Second. To keep forever alive the and distortions. CXXI--1431-Pa.rt 17 22710 EXTENSIONS OF REMARKS July 14, 1975 Thus the U.N. delegation visit pre­ spurious-political persecutees, to pro­ tween two worlds, one dead, the other pow­ sented them with the following choice: mote agitation in the streets and to un­ erless to be born." allow the visit even though it was likely leash a guerrilla struggle. Its obvious Our society has a. debt to its aged. Whether we like them or not, they gave us the life to be turned into another distortion, or purpose was to create public alarm, to we have and even our ability to disagree refuse to receive the U.N. group which provoke the necessary security measures with them. It is our obligation to care for would undoubtably be used by Chile's and to give the Working Group a dis­ the aged and give them some meaningful enemies as evidence of the lack of hu­ torted picture of the definite fact that function in life. man rights in Chile. human rights are respected in Chile. Respect for the aged and maintaining However, when the government re­ The above mentioned circumstances them with dignity are fundamental to Jew­ ceived conclusive evidence regarding the have convinced the Government that at ish tradition in defining man's obligations to his fellow man. For millennia, Jews have bias of the U.N. delegation, such as their this time, the Working Group would be taught that one measure of a society's worth secretly interviewing exiles and fugitives unable properly to discharge its func­ is the manner 1n which it treats its aged. from Chile, and discovered a Soviet en­ tions and to ascertain the true situation "Cast me not oft' at the time of my old age, gineered plot to promote internal dis­ in Chile, and that its imminent arrival when my strength falls, forsake me not," ruption coincident with the delegation's was the decisive reason for the subver­ reads the ancient Psalm. Today, when alle­ visit, it virtually had no choice but to sive plan which has been discovered. gations concerning neglect and abuses in cancel the visit for the present. It is for this reason that pending res­ nursing home care abound, it is vital that Since it was generally ignored by the toration of the necessary conditions of we utilize these traditional norms in seeking to develop an understanding of the multi­ American press, following is the text of objectivity and in accordance with his faceted ramifications of the problem, and to the statement by the Chilean Govern­ prime duty of preserving internal peace, help articulate practical suggestions for its ment regarding its refusal to receive the the President of the Republic, very much rectification. U.N. group at this time. to his regret, has had to withdraw his A generation or two ago, the extended fam­ "The Government of Chile, in a ges­ authorization for the visit of the Work­ ily was the norm. The normal household ture which none of its international de­ ing Group of the United Nations Com­ contained three generations, simultaneously tractors has made, agreed in February mission of Human Rights until a more interacting and interrelating with one an­ other, and performing useful productive last that we would receive a visit from propitious occasion. functions together. Now, however, the nu­ a Working Group of the United Nations clear family has become the standard in a Commission of Human Rights to enable country on the move, with one out of five it to inform itself of the present situa­ families changing their residences each year. tion of human rights in Chile. From the HOME HEALTH CARE-PART XIX Moreover, our society espouses independence out.set, the government offered its col­ from parents as a great virtue. As a result laboration to the Group and prepared to HON. EDWARD I. KOCH of this phenomenon, coupled with everin­ receive it, providing all necessary facili­ crea.sing social demands on younger adults, ties for the performance of its mission. OF NEW YORK elderly parents, in most cases, a.re no longer IN THE HOUSE OF REPRESENTATIVES cared for in the homes of the children. As Subsequently, it was found that the the old saying goes, "One parent can care for campaign of lies which, for exclusively Monday, July 14, 1975 10 children; 10 children can't seem to care political reasons, has been plotted opulous urban centers, where the vast sor Sena.tor GORDON ALLO'IT, of Colorado, that majority of the aged Jewish poor reside. HON. WILLIAM A. STEIGER once the Senate adopts such a sensible and Etrorts, therefore, must be concentrated OF WISCONSIN logical rule, the House will do no less than along the lines of eliminating these inequi­ follow the example. ties in governmental legislation and admin­ IN THE HOUSE OF REPRESENTATIVES After a major debate in the Senate over an istration ostensibly designed to ameliorate Monday, July 14, 1975 issue which stirs profound emotions, such as the plight of the poor. civil rights or foreign a.id, I have seen many Another vital need for enriching the lives Mr. STEIGER of Wisconsin. Mr. Sena.tors sitting around a circular gla.ss­ of our older adults is to break down the com­ Speaker, for the benefit of our colleagues topped table in the reporters' workroom, vir­ munications barrier confronting those who considering House Resolutions 568, 569, tually rewriting the speeches and retorts just are not fluent in the English language. To 570, and 581, mandating a more ver­ delivered on the floor of the Senate. Some this end, government-funded programs must batim account of floor proceedings in will totally expunge comments made in the provide Yiddish-speaking personnel to assist heat of debate that may seem indiscreet or the aged .who may not have the ability to the CONGRESSIONAL RECORD, I am intro­ unwise in the cold, gray light of the next clearly articulate their needs in English. ducing into the RECORD pertinent articles dawn and ln the inflexible type of the CoN­ The next priority deals with improving the concerning this issue. GRESSIONAL RECORD. Others will be adding quality of life of the elderly. As institutional In an April 20, 1958, article in the afterthoughts, which may furnish an extra. life for the aged becomes an ever-increasing New York Times Magazine, then Sen­ fillip to a reply that was flat or ineffective phenomenon of our contemporary culture, a ator Richard L. Neuberger of Oregon when uttered under the duress of argument prime concern must be infusing decency and discussed the problems that result from in the Senate Chamber. This entire process meaningfulness into their lives by develop­ legislators' changing the remarks they of addition and revision has impelled one ing a richer pattern of institutional living. Washington wit to suggest that a. United A massive input of city, state, and federal make on the floor of the Senate before States Senator, or his counterpart in the programs must be developed to hook these publication in the CONGRESSIONAL REC­ House, ls evidently t.he only person on earth institutions into the various neighborhood ORD. His solution was to amend the Sen­ who can sigh, "I wish I'd said th81t," and then religious, social, cultural, and political pro­ ate rules. Senator Neuberger's amend­ actually say it. grams. This would integrate the aged into ment, cosponsored by former Senator Yet the privilege now vouchsafed Sena.tors the mainstream of social life. Government Allott of Colorado, would have prohib­ and Representatives of changing the CON­ agencies should a.ward funding grants for ited the printing in the RECORD of any­ GRESSIONAL RECORD has its grave and even programs to integrate and coordinate the in­ thing that was not uttered on the floor. alarming aspects. To some degree, the integ­ stitutional aged into communal activities. rity of Government is at stake. What ls said Community action projects should have roles My amendment to the House rules on the Senate floor certainly helps to frame for the aged. Programs should be designed would permit such additional statements the content and tenor of our laws. to meet their cultural needs, and involve as long as they are printed in a ditferent As a first-term Member of the Senate, I am them in the decision making process of com­ type than those made on the floor of particularly conscious of the impact of new munal affairs. the House. facts and new ideas during debate. Legisla­ These self-same communal and/or quasi­ Portions of Senator Neuberger's ar­ tors a.re as susceptible as anybody to star­ governmental agencies that a.re providing the ticle, entitled "The CONGRESSIONAL REC­ tling claims and charges. Correspondents in aged with social services, should also perform the press galleries take down sensational or the duties of ombudsman to protect the ORD Is NOT A RECORD," follow: significant statements voiced on the floor, rights of the aged and to insure that they a.re THE CONGRESSIONAL RECORD Is NOT A RECORD and flash them to newspapers and other out­ receiving adequate ca.re. In this regard, link­ (By Richard L. Neuberger) lets all over the Nation. This, in turn, creates ages should be established between these WASlllNGTON.-ln the tense debates over public opinion-the ultimate authority in a agencies and the institutional care facilities foreign pollcy and the domestic economy ta.k­ free land. Is lt not absurd that many of these to ascertain that proper health and nursing ing place these days beneath the stately statements later can be edited, toned down, procedures a.re being followed. dome of our Capitol, a Member of the United or completely el1mina.ted? One of the most significant aspects of this States Senate often wlll explain that he is Indeed the practice of altering the text of proposal is to insure strict compliance with speaking primarily "for the record." This debate ln the Senate and the House is so the Federal Life Safety Code adopted in 1971. may be done to rationalize the la.ck of at­ prevalent that lt actually has been sanctified This law elaborates such code violations as tention pa.id hls remarks. On many occa­ ln the rules which regulate the publication too narrow halls of doorways for escape route sions, however, lt ls undertaken by the spon­ of the CONGRESSIONAL RECORD. These even al­ egress of bed-ridden or wheel chair-confined sor of a bill to provide what he describes as low Senators and Representatives to take patients, and other structural deficiencies "a record of legislative history," so that an home transcripts of speeches delivered in the that may be considered fire hazards. Govern­ executive agency or department of Govern­ halls of Congress. to be leisurely reconstruct­ mental and quasi-governmental agencies ment, later administering the law under ed at the fireside in the presence of handy must scrupulously enforce these long­ consideration, wlll have fairly precise knowl­ reference volumes and one's fa.mlly and coun­ a.wa.ited safety guidelines, a.swell a.s all other edge of what the author of the act had in selors. If this ls not rewriting contemporary codes of proper health and nursing care. mind. history, then what is it? Stlll another important priority ls more When these Senators use the term "rec­ Let me emphasize that no personal oppro­ adequate ca.re for the needs of the non-In­ ord," they a.re not thinking of some nebulous brium attaches to this practice, nor should it. stitutionalized elderly. We must promote, for chronicle or journal. They have speclflc The practice has become pa.rt of Congression­ example, the policy that all housing projects reference to one particular record, and one al custom. It ls now virtually second nature should designate a portion of their apart­ only. This is the CONGRESSIONAL RECORD, for a Sena.tor or Representative to revise re­ ment units for the able elderly. The able which, since 1873, has been the dally account marks which he uttered on the floor. Every aged need to live with other generations. of proceedings in our Senate and House of Member does lt--frequently out of self-pro­ They need to be involved with persons of a.II Representatives when they a.re in session. It tection, because his antagonist ln debate is ages. Conversely, other age groups must have is one of the most important publications quite likely to do so. The author of this the opportunity to communicate on a dally in the land, for lt is supposed to report article has done lt, although he trusts he has basis with the aged. Thus, the aged would faithfully the debates and discussions which done it with circumspection. The only way not be so estranged or segregated from the shape the laws governing 171 million Ameri­ to end the ha.bit ls by a rule which cuts off pattern of genera.I life experiences. cans and their role in world affairs. the privilege of a.11 leglslators simultaneously. In summary, to heed the cry of the aged I use the word "supposed" advisedly, be­ So far as legal liability is concerned, there ln their loneliness and despair, and to safe­ cause the official transcript of debates in the a.re few holds barred in Senate debate. Un­ guard them from the indignity and pain re­ Senate and House ls frequently revised, der the Constitution, a Member of Congress sulting from indifference and negligence, we a.mended, subtracted from, and even embel­ may not be required to answer in court for must increase communal participation and lished with lengthy additions. These changes what he says in either Chamber. This en­ promote strict compliance with, and improv­ occur before the transcript ever reaches the courages many excesses. A Sena.tor may com­ ing upon, governmental regulations. Efforts printed pages of the CONGRESSIONAL RECORD. pare the President of the United States to a must be directed towards strengthening the convicted felon. A Sena.tor can question the present evaluation system which seems to Senators and Representatives are permitted have lost its efficiency. In' this manner we to doctor and edit their speeches, virtually learning of a Supreme Court Justice, the pa­ shall be acting in accordance with Jewish at will. It is for this reason that I have in­ triotism of a leader of labor, or the financial tradition which bids us to undertake posi­ troduced a resolution to write into the rules ethics of a corporation executive. tive constructive programs to improve social of the Senate that "no changes of a substan­ Such indiscretions ca.use a powerful ripple r.onditions. tive nature" can henceforth be made in the when they a.re spoken, and often they leave 227il2 EXTENSIONS OF REMARKS July 14, 1975 an atmosphere of controversy and bitter­ cern to American taxpayers. These loop­ Policy through the Kennedy and Johnson ness for weeks thereafter. Is it right that holes cost the Treasury at least $91 bil­ yea.rs. Surrey coined the term "tax expendi­ they can be edited out of the CONGRESSIONAL lion in 1975. They are a subsidy to those ture" and today from his post at Harvard RECORD? Senator LYNDON JOHNSON of Texas, who benefit from them. he remains the lea.ding proponent of policies majority leader of the Senate, has said that aimed at bringing tax expenditures under "there are few documents more important What people do these loopholes bene­ control. than the CONGRESSIONAL RECORD. Locked in fit, and do they have a justifiable eco­ Surrey first used the term publicly in its pages are the debates, the resolutions, nomic purpose? We need to learn the 1967 when he called on economists in and the bills, the memorials, the petitions, and answers. out of government to begin looking at the the legislative actions that are the reason In this respect, I wish to bring to the long and growing list of tax exemptions. He for the eXistence of the Senate. It is a docu­ attention of my colleagues a very inter­ criticized the "Report of the President's Com­ ment which affects our laws, our precedents, esting article that appeared in the ADA mission on Budget Concepts," which had and our Judicial decisions." But would not considered two aspects of government fiscal the RECORD be of far more enduring value legislative newsletter. The text follows: policy: the impacts of collecting and spend­ if it were immune to self-serving altera­ THE WHAT AND WHY OF TAX EXPENDITURES ing. What, Surrey rhetorically asked, was tions? Tax a.ids. Tax subsidies. Tax preferences. the impact of taxes not collected? He cited When the rule proposed by Senator ALLOTT Loopholes. Tax expenditures, the current examples, items such as the $600 special and me is discussed in the cloakrooms, some term, have been given many names and have exemption for the elderly. In FY 67 this of our colleagues express qualms that de­ been with us for a long time. Growing faster amounted to $2.3 billion, yet nowhere in bate might be unduly inhibited if only than the Gross National Product, national the HEW budget was it listed. The same could grammatical corrections can be ma.de before budget outlays or budget receipts, year after be said about the exemption of sick pay, a. the transcript is set in type for the pages of year they steadily erode the tax base. This $100 million item in FY 67. Surrey made no the CONGRESSIONAL RECORD. Senators, they year their total wlll be slightly under $100 value Judgments a.bout these programs, but predict, may tend to tighten up and refrain billion, yet no appropriations process will said a responsible accounting procedure from voicing their real feelings if every oc­ provide scrutiny, nor will the Ways and should consider their cost effectiveness. casion in the Senate is to be governed by Means Commlttee--which created most of In retrospect Surrey's remarks are a Tax the words from the Rubaiyat: "The moving them-do more than haphazardly review a. Expenditure Manifesto-a first step toward finger writes, and having writ, moves on." handful to see if they a.re doing what they accountability for tax expenditures. In 1968 To such warnings there may be some va­ were intended to do. the Treasury Department began publishing lidity, but I believe they are canceled out by How did this happen? Can tax expenditures a list of tax expenditure totals. Since that obvious advantages if the record written on be brought under control? time the Ways and Means Committee, using the Senate floor is final. Men will count to WHAT'S A TAX EXPENDITURE? the staffs of the Treasury and the Joint 10 before they give vent to the personal Simply put, a. tax expenditure is a devia­ Committee on Internal Revenue Taxation, abuse and character assassination which have tion from the tax laws' basic provisions on has published line item breakdowns of tax done so much to bring American public life tax rates on net income. In other words, any expenditures. Last year, under the Congres­ into disrepute. If forbidding a.Iterations in legally allowed deduction--over and above sional Budget and Impoundment Control debate transcript leads to a greater degree direct expenses incurred in producing a prod­ Act of 1974, the Executive was required to of restraint, is that necessarily bad? I uct or providing a service-is a tax expendi­ begin to publish a full list as pa.rt of its would venture that our excesses in debate ture. A loophole, if you like. Tax expenditures annual budget message. are worse than our inhibitions, such as they were designed to encourage certain behavior Although for the most part we still do may be. on the pa.rt of individuals, businesses, or in­ not know their effectiveness, we now know Undoubtedly a record which can be altered stitutions. One tax expert, Henry Aaron, has two very important things a.bout tax expen­ tends to encourage off-the-cuff remarks and grouped tax expenditures in three categories, ditures: so-called "horseback" opinions in debate. each with its own objective. First, since 1968 they have been growing Senators are relaxed because the transcript The first group's objective he defines as faster than any other major economic figure, can be doctored before a single issue of the "influencing household behavior." Among including the national debt, the GNP, budget CONGRESSIONAL RECORD ts deposited in the these household tax expenditures are char­ receipts and budget outlays. ma.Usack. Yet is not the important fact what itable contributions, education deductions, Second, most recipients of tax expenditures the Senators actually said in seeking to per­ and mortgage interest and property tax de­ are those who need help lea.st. suade each other in fioor discussion prior ductions. For the most pa.rt they a.re intended In the 1968 tax expenditure report the total to a roll-can vote, rather than what they as tax relief measures; however, as we shall bill was $44.14 billion, the GNP was $826 subsequently want their constituents to see later, there are serious questions a.bout billion, and the federal budget had receipts think they said? who is getting that relief. of $153.7 billion with outlays of $178.8 billion. • • • • • The second group is described as "influenc­ Now look at FY 76 figures and their per­ The House of Representatives allows far ing business behavior." Here we find invest­ centage increases since 1968: tax expend­ greater latitude even than the Senate in ment tax credits, accelerated depreciation itures at $98.15 billion (up 122 percent), tolerating distortion of the CONGRESSIONAL and mineral depreciation allowances, and so GNP estimated at $1,596 trillion (up 93 RECORD. A Member of the House can speak forth. These tax expenditures are intended to percent), budget receipts estimated at $297.5 perfunctorily for 2 minutes on the floor and increase production in a particular pa.rt of billion (up 94 percent), budget outlays esti­ then receive unanimous consent to "revise the economy. mated at $367 bllllon (up 105 percent.) A and extend" his remarks. He later can The final group are tax expenditures "in­ comparison of the years 1970 to 1976 is even transform such sweeping permission into an fluencing behavior of state and local govern­ more drama.tic; it shows that while tax ex­ address of 60-minute proportions which is ments." Included here are state gasoline tax penditures are up 123 percent, GNP is up published in the CONGRESSIONAL RECORD as deductions, the exemption of state and only 67 percent, budget receipts a.re up only though spoken in its entirety on the floor. municipal bonds, and the like. For the most 54 percent, and budget outlays a.re up only These phantom speeches are nothing less part these tax expend! tures are a form of 87 percent. In 1970 tax expenditures were than deception of the folk who see the unofficial revenue sharing. only 4.6 percent of GNP; in FY 76 that figure RECORD back home. Whlle we in the Senate Tax expenditures have two points of origin; will be 6.15 percent--a.n increase of 34 per­ enjoy considerable laxity in being able to some are created by Congress and some a.re cent. Tax expenditures have increased 45 alter the transcript of debate, at lea.st what derived from IRS rulings. The former group percent since 1970, when considered as a per­ Senators change and edit was actually includes virtually all of the business and the centage of budget receipts, and 20 percent spoken in the Chamber of the Senate. The state and local government benefits. The lat­ when considered as a. percentage of outlays. practice by the House of encouraging "ghost" ter group contains many from the household TAXES NOT COLLECTED: WHO BENEFITS? speeches ls infinitely less defensible. category, including the non-taxable status According to a Treasury Department re­ of Socia.I Security benefits. port, relea.eed by the office of Senator Walter Tax expenditures are as old as the income Mondale (D-Minn.) on May 26, it's the rich. tax itself, and the list of expenditures has Fifty-seven items in the FY 74 tax expendi­ THE WHAT AND WHY OF TAX grown and grown. Occasionally there were ture budget were used in Treasury's calcula­ cries about excessive numbers of loopholes, tions. Lopsided as are the results, they also EXPENDITURES but it was not until 1968 that the govern­ aire clearly conservative estima.tes: ment actually prepared a. list showing their First, corporate benefits, which a.re more amounts. Today that list is called the tax likely to fall into the hands of the rich, HON. ELIZABETH HOLTZMAN expenditures budget. (See box for annual tax were not calculated. Second, the Treasury OF NEW YORK expenditure totals. See chapter F of "Special figure for untaxed capita.I gains at death is IN THE HOUSE OF' REPRESENTATIVES Analyses: Budget of the United States Gov­ only $700 million, whereas the Joint Tax ernment Fiscal Year 1976" for line items.) Committee believes the true figures to be in Monday, July 14, 1975 No one deserves more credit for conscious­ the neighborhood of $5 billion. For these Ms. HOLTZMAN. Mr. Speaker, tax ness-raising about tax expenditures than reasons, Treasury's tax expenditure figure Stanley Surrey who served in the Treasury was only $58 billion. loopholes are a continuing source of con- Department as Assistant Secretary for Tax Yet, despite Treasury's conservative figures, July 14, 1975 EXTENSIONS OF REMARKS 227i18 23 percent of that $58 billion falls into the of $70. But it is "worth" only $14 to a tax­ from upper income recipients would permit bands of the wealthiest 1.2 percent of indi­ payer in the first tax bracket of 14 percent. payments to be increased across the boa.rd. viduals filing tax returns. In absolute num­ As a. consequence, 85 percent of the $6.7 bil­ The chief beneficiaries would be low income bers this means that 815,000 people shared lion of financial assistance goes to individuals recipients who not only pay no taxes but in $13.34 billion (that's $16,368 per taxpayer) with incomes of over $10,000. many cases a.re below the poverty line. Again, while 66,151,000 people shared $44.76 billion "The translation next tells us that an in­ nothing would be added to the deficit. (that's $676 per taxpayer). dividual or family whose income is so low CAN WE CHANGE THE SYSTEM? The inequity deri•es from the kinds of they are not required to pay an income tax­ It is next to impossible to imagine that a activities expenditures affect and the rates their incomes being below their personal ex­ of ta.x deduction. Going over Treasury's list emptions and low-income allowance-do not direct appropriations process would allow of 57 items one sees immediately that only receive any financial assistance, for deduc­ $100 billion annually to go unchecked, yet tions benefit only taxpayers and not nontax­ for the most part that is what has happened. a. relatively small number of tax expendi­ Ta.x expenditures coming under the jeweler's tures can affect low a.nd moderate incomes. pa.yers. The translation also tells us that (For this purpose we define "low and there is no limit placed on the size or value eye a.re few and far between. moderate" as incomes ranging from zero to of the homes to be assisted nor on the num­ Under the new budget procedure all tax $15,000--70 percent of all taxpayers.) Some ber of residences for which a taxpayer may expenditures must have a five-year cost pro­ 66.3 percent of the $6.15 billion in capital receive assistance, for the deduction is simply jection. But this means little if the projec­ gains ta.x expenditure goes to the top of 1.2 in terms of mortgage interest and property tion is unrealistic, and those attempting to percent. In the area of tax exempt bonds, 88.2 taxes paid. The process of translation thus reform ta.x expenditures still must look to percent of $1.6 billion goes to the top 1.2 gives us the contours of the tax expenditure Congress to correct the situation. And get­ percent. Because of the relatively low rates of program for housing-contours that are quite ting congressional action always has been a return on these bonds, individuals earning different from the housing assistance pro­ problem; it is far easier to prevent a. floor incomes below the 30 to 40 percent tax grams formulated in direct expenditure vote than to get one. The 22 percent oil and brackets--0r -approximately $20,000 in tax­ terms." gas depletion is a case in point: able income-receive no benefit from the If mortgage and property tax assistance Devised in the early 1920s during a. bogus bonds' ta.x exempt status. Ta.x exempt bonds ha.d been proposed a.s a direct subsidy, it is oil-shortage scare, it allowed oil and gas a.re not financially relevant for over 70 per­ impossible to imagine that 12 percent of the companies to deduct a. percentage of their cent of U.S. taxpayers. benefits would have been allocated for the gross income off the top. Until 1969 the fig­ But even in categories where it is possible top 1.2 percent of the taxpayers. As a. stimu­ ure was 27 percent; then it wa.s reduced to for almost everyone to take advantage of a lus to the housing market, the present tax 22 percent. The theory wa.s that monies ta.x expenditure, the upper incomes are likely expenditure system is next to useless. Al­ plowed back into drilling would increase to come out as much a.s five times a.head of though its dollar worth is greater !or the production a.nd keep the U.S. self-sufficient the less well-to-do a.nd on the same deduc­ rich, few upper income families actually de­ in energy. That of course was only theory; tion, dollar for dollar. Listen to Surrey, in his pend on that deduction in order to build or in 50 yea.rs no official study ever was ma.de book "Pathways to Tax Reform" (Harvard buy homes. They welcome it, but their deci­ to see whether the theory wa.s substanti­ University Press, 1973) : sion to buy or build is not dependent on the ated in practice. And with powerful friends "Consider," he suggests, "the tax expendi­ tax deduction. If the deduction for families like Texas' Lyndon Johnson, John Connally, ture program for housing represented by the in the $50,000-a.nd-above income bracket and Sam Rayburn, a.nd Oklahoma's Robert deductibility of mortgage interest and prop­ were eliminated or converted to a. fixed tax Kerr-senior partner in Kerr-McGee Oil erty taxes paid on owner-occupied homes .... credit, an additional billion dollars would be Company-there was little chance of any This is a. program of assistance estimated a.t available to help low and moderate income real scrutiny. As recently as 1974 Wilbur about $6.7 billion (calendar 1972). The trans­ families purchase homes. And this could be Mills, then Ways a.nd Means chairman, lation of the ta.x language in which the pro­ done without adding one cent to the federal thumbed his nose at the Democratic Caucus gram is framed a.nd the assistance provided­ deficit. a.nd kept the issue off the floor. With Mills a deduction in computing taxable income-­ Even the tax free status of Social Security out of the way, oil stater Russell Long tells us first that the wealthier the individ­ payments raises serious questions. (D-La.) was the la.st major obstacle. mtt­ ual the greater is his assistance under the Many have argued that a.n income ceiling mately, he managed to salvage a reduced de­ should be establlshed to determine ellgibil­ program. This ls because the higher the in­ pletion for the so-called independents. dividual's income a.nd thus the higher the ity-1.e., a means test. But 1f so, should individual's income tax rate, the larger is the wealthy individuals be required to pay into (Note, however, that a.ny gains through min­ ta.x benefit-the tax reduction-brought a system from which they ca.n never col­ imizing depletion probably will be neutral­ about by the deduction. A deduction of $100 lect? Because wealthy people do sometimes ized by increased investment tax credits a.nd in mortgage interest or $100 in property taxes become poor people, however, a fairer-and giveaways in the new energy bill. Congress is "worth" $70 to a taxpayer in the 70 percent simpler-system would be to make Social is much happier when it is opening up loop­ top tax bracket-Le., is financial assistance Security income taxable. The tax recaptured holes instead of closing or examining them.)

GROWTH OF TAX EXPENDITURES (In billions of dollars)

Growth of Federal tax Federal tax Federal tax expenditures as expenditures as Federal tax Budget Budget expenditures as percent of budget percent of budget Year expenditures GNP receipts outlays percent of GNP receipts outlays

1968 ______44.140 826. 0 153. 7 178.8 5. 32 28. 72 24.69 19701972 ______------43.945 954.6 193. 7 196. 6 4.6 22.69 22.35 59.810 1, 101. 6 208.6 231.9 5.43 28. 67 25. 79 1974 ___ ------81.685 1, 348.9 264. 9 268.4 6.06 30.84 30.43 1976 ___ ------98.15 l l, 596. 0 1297.5 367.0 6.15 32.99 26. 74

i Estimate. A few encouraging signs are lurking a.bout Another idea. meeting some success is the lined in a. June 17 press release, gives no in­ on the horizon: cut-off technique. It was made a. pa.rt of the dication that tax expenditures will be ex­ In 1970 Congress created the Domestic In­ Tax Reform Bill of 1969 a..nd applied to the mined a.s an institution. Nevertheless, on the ternational Sales Corporation (DISC) which amortization provision for certain pollution­ opening day of hearings, witnesses-includ­ was intended to expand overseas trade by control devices. In consequence, this expendi­ ing Surrey, Boris Bittker of Ya.le, former IRS exempting from taxes 50 percent of net in­ ture would have expired on January 1 had it Commissioner Mortimer Caplin, Dan Throop come of DISC corporations. Congress not received a. last minute reprieve for one Smith of the Hoover Institute, and Edwin S. shrewdly required a. DISC evaluation report year. (Lts extension was added without hear­ Cohen of the prestigious law firm Covington by 1975. Starting a.t a. few million in the early ings or testimony to a. bill eliminating the a.nd Burling-agreed that tax expenditures 1'970's, the DISC ta.x expenditure will coot ta.riff on upholstery pins.) should be reviewed and approved on a regular $1.32 billion in FY 76-if it -lasts; Treasury Quite possibly what will be needed is a basis. a.nd the Office of Management and Budget combination of such review a.nd renew Opera.ting from their mandates in the have concluded that the DISC tax expendi­ procedures. Budget Control Act, both House a.nd senate ture ha.s not been worthwhile, and because Three committees will be looking into tax Budget Committees will be looking at the of their report there ls a. genera.I feeling in expenditures this summer: structure of the tax expenditure system. In Washington that DISC will be among the In a traditional manned Ways and Means the Senate, the group will be headed by Wal­ first to go should Ways a.nd Means vote out will be looking at tax expenditures on a line ter Monda.le (D-Minn.), with Democrats ·a tax reform measure this fall. item basis. The committee's program, out- Frank Moss (Utah), James Abourezk (S.D.), 22.7114 EXTENSIONS OF REMARKS July 14, 1975 and Joseph Biden (Del.). Republicans on the In addition, Mr. Speaker, she correctly poverty, as officially defined.. This Census task force are J. Glenn Beall (Md.), Robert predicted, I believe, that we will be Bureau definition regarded elderly couples Dole (Kan.), and Pete Domenic! (N.M.). In judged in future years not so much on the as poor if their incomes were less than its examination the group wlll focus on the $2,660, and individuals as poor if their in­ role of tax expenditures in capital forma­ progress we have made as on our success comes were less than $2,130. Were poverty tion. One staff member indicated that he sees in achieving our potential greatness, not more properly defined. as an annual income little interest in attacking the system of tax so much on our riches and technological of less than $4,000 for an older couple, a expenditures. He cited a proposal authored advances as on how they are used to third were poor in 1973. Defining poverty by Sen. Mike Mansfield (D-Mont.) and Rep. meet the needs of our people. for persons aged 65 and over, and not living Wilbur Mills (D-Ark.) in 1972. Their pro­ Mr. Speaker, I wish to include Ms. Key­ in families, as incomes under $3,000-57 posal, which would have meant an annual serling's speech at this point in the REC­ percent were poor. What an indictment of review of the tax code, met opposition from our society I virtually every corner of the country. Bene­ ORD for the benefit of our colleagues: For most of the elderly, Social Security ficiaries of tax expenditures--businesses, WE CAN AFFORD To MEET THE NEEDS OF OUR benefits constitute their major source of in- veterans, churches, schools, and the like-­ OLDER PEOPLE come. These benefits,. despite recent in- sent their representatives marching up and (Excerpts From an Address by Mary Dublin creases, are still sadly inadequate. down the ha.Us of Congress in opposition to Keyserl1ng) It was a major achievement two years ago the blll. Everyone favored cutting off the In the adult llfetime of most of us here when Congress increased benefits 20 percent other interest's tax subsidy. today our national economy has been trans- across the board and established an auto­ House Budget Committee member Sam formed. Forty years ago it was characterized matic cost of living adjustment mechanism Gibbons (D-Fla.), who also is on Ways and by acute scarcities and widespread poverty to keep Social Security benefits roughly ( Means, will be heading a similar task force. and deprivation. They were then unavoid- apace with price changes. But additional Working with him wlll be Democrats Eliza­ able. But today, our economy has the ca- major reforms have become imperative. beth Holtzman (N.Y.), Omar Burlison pa.city to assure a comfortable way of life The present benefit structure shoUld be (Tex.), Neal Smith (Iowa), and Harold Run­ for all our people. The major challenge of modified. A new formUla shoUld be adopted nels (N.M.). Republicans are James Broyhill our times is the realization of this vital relating benefits to retiring workers more (N.C.) and Barber Conable (N.Y.). They wlll potential. closely to their wages in the years nearest try to analyze tax expenditures. They also It was about forty years ago that the retirement on which contributions and ben­ will look into direct subsidies as a possible National Resources Committee, a govern- efits were based. This $3,000 ceiling then substitution. mental research body, undertook an inten- covered the wages of about 96 percent of all Ultimately any recommended changes will sive study of consumer income and its dls- workers in the system. Because of subsequent have to go through Ways and Means. Hope­ tribution in the United States. It reported price rises and higher wage levels, today's fully egos and jurisdictional rivalries will not that in 1935-36 &bout 60 percent of all $14,100 wage base celling covers the wages prevent long overdue reform. But egos and famWes had incomes below $1,400, which at of only 85 percent of all workers. By lifting rivalries are realities which must be faced. today's prices would be the poverty level as the taxable wage base celling gradually to presently officially defined for a family of $28,000, we would return to the 97 percent four. The la.rge majority of the nation's original coverage concept and so go far families, hard hit by the acute depression toward alleviating the anticipated deficit in WE CAN AFFORD TO MEET THE of the period, lacked the meMlS to buy what the Social Security Fund. NEEDS OF OLDER AMERICANS we now regard as the minimum basic neces- You will recall that under the Federal Civil sities of life. Service pension plan, Federal workers con- Needless to say, our older people ex- tribute 7 percent of their total wages, re­ HON. PETER A. PEYSER perienced the cruelest hardships of all. The gardless of their amount, with a full Govern­ Social Security Act had just been passed but ment match. This makes possible higher OF NEW YORK was not yet in operation. The Federal Wage benefits and a financially sounder system. IN THE HOUSE OF REPRESENTATIVES and Hour Law which set a minimum wage And members of Congress, too, contribute Thursday, June 19, 197p of 25 cents an hour was not to be enacted toward their pensions on the basis of their until several years later. Advocates of na- fUll earnings. So the suggestion that the tax- Mr. PEYSER. Mr. Speaker, in dealing tiona.1 health insurance were called vision- able wage base for Social Security be lifted is with the negative statistics of inflation aries. a well precedented proposal. and unemployment, we often forget that We have come a long way in the past four Because of the limitations of time, I can this Nation's output in goods and serv- decades. The average income of our families mention only a few other major steps which ices during 1975 will be in excess of $1,- has increased nearly three fold since the shoUld be taken to improve the living stand- tl ill" mid-'thirties, measured in terms of dollars ards of our older people. 500,000,000,000-$1 ~2 tr· ion. of constant purchasing power. The propor- The housing plight of all too many of the Yet, we are told, our Nation somehow tion of our people suffering the hardships elderly is pitiful. The Senate Special Com­ "cannot afford" to meet the basic human of poverty, as offic1ally defined, has decUned. mittee on Aging estimated, several years ago, needs of its 21 million older citizens. markedly. By 1959, the proportion had been that six million older Americans live in sub- We are, by far, the richest nation on cut to 22 percent of all families, and in the - standard housing. Delegates to the 1971 Earth. Yet, we are told, we are unable to subsequent 14 years was further cut by haU White House Conference on Aging pled for support a social security system that can to 11 percent. Our senior citizens, aged 65 _ the construction of 120,000 new housing provide real security for millions of older and over, made compar&ble gains. The Cen- units a year for the elderly. In the four years . sus Bureau reported that, in 1959, 35 per- since the Conference virtually nothing has Amencans. . cent had incomes below the poverty level. --been done to meet this very conservative tar- No other nation has ever matched our - By 1973 the proportion had decllned. to 16 get and needs have been rising at a rapid scientific and technological progress. Yet, percent.' pace. A more realistic target now would be we are told, we do not have the capa- Progress-yes. But a society should be the construction of at least 200,000 subsi­ bility of using our vast economic re- judged not so much by the advances it has dized rental units and an equal number of sources to improve the lifestyle of our achieved as by the extent to which its full unsubsidized units a year to meet the spe .. older citizens potentials for progress have been realized. cial needs of older people. · d not lack the eco Measured. by such standards we are very I wish I could include in my discussion Mr· S peak er, we 0 - far indeed from where we ought to be as a specific additional targets for action relating nomic resources to assure a comfortable nation, with respect to meeting our human to health, employment, and consumer needs life for all our people. What we seem to needs. Most especially 1s this true of the of older people. Time prevents this. More­ lack is the will to do so. needs of our senior citizens. The continua- over, I have long since sensed that some of At a recent conference here in Wash- tion of inadequate living standards reflects you are saying, "Yes, we need the changes you ington sponsored by the 8 million-mem- not our incapacity to 11!t them, but our have already outlined. But all of them cost ber American Association of Retired indefensible economic ineptitude and the money. And where woUld the money come Persons and National Retired Teachers lnsufftclency of our moral commitment. from? Can we 8!f-ord outlays on the scale you · ulta t M ry I hope that that historian of the future, have proposed? Asso<:i a tion, econormc cons n a digging further tn the archives, will find My answer as an economist ls that we can. Dublin Keyserllng clearly spelled out the statements made by many of us affirming The central challenge confronting our na- fact that we can afford to meet the needs that we clearly have the means to meet our tlon is to use our human and material re­ of our Nation's older citizens. human needs and also find that the needed soures to assure Jobs for all. Full production She noted, for instance, that the prop- action was soon taken by Congress. and full employment levels, maintained over er distribution of about $2 billion-the Let us look at some of the most urgent a relatively short span of years, would not equivalent of only one-eighth of 1 per- needs of our older people and then consider only end unemployment and raise consumer more fully our capacity to meet them incomes; they would generate additional cent of our current nati ona 1 ou t PU t o f Nothing short of an income crisis· con- public revenues of an amazing magnitude. goods and services--would bring all fronts all too many. In 1973, the latest year We would rise to this challenge u; as a peo­ Americans age 65 and older above the for which data are available, 16 percent of ple, we would realize the terrible price we poverty level all persons 65 years old and over were in have been paying, as a nation, for the roller July 14, 1975 EXTENSIONS OF REMARKS 22715 coaster kind of economic performance we AOR number of the Request commented up­ without increasing the normal charge paid have tolerated for far too long. on, and that statutory references be to the by such gueet.s. In concluding, let me stress that those United St&tes Code citations, rather than to We understand that these inducements are concerned with our older people should rec­ the Public Law Citaitions. siinilar to those which would be o1fered to ognize that the achievement of a healthy, THO.MAS B. CURTIS, any other organization s1mllarly si·tuated to strong, and steadily growing economy is basic Chairman for the induce it to hold a. Convention of similar to the wellbeing of all. We have the means Federal Election Commission. size and scope in the particular city. and the knowledge to assure Jobs for all who We further understand that such induce­ want them. We have the means and the TITLE 11-FEDERAL ELEcrIONS men.ts of goods and services, direct and in­ knowledge to end recessions once and for all. CHAPTER II-FEDERAL ELECTION direct, historically have been provided to All that we need is the moral commitment COMMISSION both Parties. Background information on this subject may be found in the studies of the and the will. But we should not deny Jus­ [Notice 1975-5] tice to our elderly citizens until these other Citizens Research Foundation, No. 14, The goals are achieved first. For building the buy­ ADVISORY OPINION REQUESTS Politics of National Convention Finances and ing power of consumers is the road to res­ AOR 1975-1: National Political Party Con­ Arrangements, and. Financing the 1968 Elec­ torwtion of om full economic health. So let's ventions. tion, pp. 73-78. get on with the Job of lifting the living (The following edited Advisory Opinion In 1972, expenditures by the Parties for standards of our older people. Requests were submitted respectively by the Conventions averaged approximately $1,750,- Democratic National Committee and the Re­ 000. The value of goods and services of the publican National Committee and are pub­ type described above is not included in that lished together under a single Advisory amount. It would be impossible to place PROPOSALS OF THE FEDERAL Opinion Request Number with the consent an exact dollar figure on such items, but of both requesting parties.) they are very substantial. ELECTION COMMISSION "Dear Commissioners: II. Section 610, Title 18, United States Request is hereby made for an advisory Code: opinion of the CommJssion punua.nt to sec­ Section 610 of Title 18, United States Code, HON. TOM STEED tion 437f of Title 2, United States Code. provides, in pertinent part, that: OF OKLAHOMA 1. Facts It is unlawful for any National Bank, or IN THE HOUSE OF REPRESENTATIVES any corporation organized by authority of The Democratic and Republican Parties any law of Congress . . . or for any corpora­ Monday, July 14, 1975 ("Parties") plan to hold a Presidential nomi­ tion whatever, or any labor organization to Mr. STEED. Mr. Speaker, on three pre­ nating Convention ("Convention") in the make a contribution or expenditure in con­ summer of 1976. The arrangements for the nection with any election at which Presi­ vious occasions this year I have placed Conventions will be handled either by the into the RECORD proposals of the Federal dential and Vice Presidential electors or a Parties directly or through an entity, pos­ Senator or Representative in, or a Delegate Election Commission as published in the sibly a not-for-profit corporation, created or Resident Commissioner to Congress are Federal Registier; these proposals ap­ specifically for this purpose. In order to in­ to be voted for, or in connection with any peared in the RECORD on June 2, June 25, duce the Parties to hold these Conventions primary election or political convention or and July 9. In order to provide for wider in their cities, the local authorities of various caucus held to select candidates for any of distribution of this material I shall con­ cities and states have offered the use of var­ the foregoing omces, or for any candidate, ious municipal or state facilities or services political committee, or other person to accept tinue to follow this practice and I today in connection with the Conventions either present the following which I hope will or receive any contribution prohibited by for no charge or at reduced charges. this Section. be of intierest to fellow Members. Because In addition, as a further inducement for The term.c; "contribution" and "expendi­ of the length of the particular corre­ the Conventions to be held in a particular ture" for purposes of section 610 are defined spondence which I am submitting today, city, local businessmen, including hotels in in section 591 of Title 18. this proposal will be continued in tomor­ which persons connected with the Conven­ We believe that the transactions described tions will be housed, have offered to provide above are at anns-length and do not consti­ row's RECORD: various other facilities or services in con­ TITLE II-FEDERAL ELECTIONs-CHAPTER 11- tute either contributions or expenditures nection with the Conventions either at no within the above definitions of such terms. FEDERAL ELECTION COMMISSION (NOTICE charge or at reduced charges. These facili­ 1975--4] We have found no case decision or opinion ties or services may be provided either di­ interpreting Section 610 holding that trans­ ADVISORY OPINION REQUEST PROCEDURE rectly or through a local host committee or actions such as those described above were The Commission announces that pursuant non-profit corpora.ti entity, Chamber of within the purview of this provision, nor do to Section 437 (f) of Title 2, United States Commerce, Junior Chamber of Commerce, or we perceive any reason why such trans­ Code, the processing of Advisory Opinion Re­ similar organization. actions should be so prohibited. We do bring quests has commenced as of this date. Ad­ These inducements have traditionally been to your attention that the Internal Revenue visory Opinion Requests sUJbmitted hereto­ a significant element in the site selection Service ruled in 1955 that a contribution to fore will be published in the Federal Register process of the Parties. This site selection a committee authorized to induce a national and through other outlets. Such publication process has already commenced for both political Convention to the locality in which begins today. Advisory Opinion Requests are Parties. The facilities or services offered will a taxpayer is engaged in a trade or business assigned an AOR Number (such as AOR include the following, among others: is deductible as a business expense, proVided 1975-1, published today) reflecting year of (1) Use of an Auditorium or Convention such contribution is made with a reasonable publication and sequence. Publication will Center, construction and Convention related expectation of a commensurate financial re­ be either in the form of the original submis­ services therein; turn. (Rev. Rul. 55-265, 1955-1 CB 22.) We sion or in an edited or paraiphrased form, as (2) Various transportation services, in­ further note that the Department of Justice the Commission deems appropriate. Where cluding the provision of buses and automo­ in an informal opinion dated February 21, Advisory Opinion Requests are published in biles; 1974, stM;ed under s1mllar circumstances that edited or paraphrased form, any interested (3) Law enforcement services necessary to such inducements were not in Violation of person may inspect the original at the Com­ assure orderly Conventions; Section 610. mission. (4) Use of convention bureau personnel to It is therefore our opinion that arms­ Interested persons wlshing to comment on provide central houslng and reservation length transactions with the Parties made to the subject matter of any Advisory Opinion services· attract the Conventions are not within the Request may submit written views with re­ ( 5) Roo1ns in hotels for oince use and scope of Section 610. spect to such requests within 10 calendar sleeping aiccommod&tlons for omc1als and m. Section 9008(4) (1). TUle 28, United. days of the date of the publication of the staff connected with the Conventions; States Code: Request in the Federal Register. Such sub­ (6) Transportation, accommodations and Section 9008(d) (1), Title 26, United States mission should be sent to the Federal Elec­ hospitality for committees of the Parties re­ Code, provides in pertinent part that the tion Commission, Otllce of General Counsel, sponsible for choosing the site of the Con­ Parties " ... may not make expenditures with Adv·isory Opinion Request section, 1325 K ventions; and respect to a Presidential nominating Con­ Street, N.W., Washington, D.C. 20463. Persons (7) Other s1mlla.r Oonventk>n related facu­ vention which, in the aggregate, exceed the requiring additional time in which to re­ lties and services. amount of ($2,000,000) ..."The provision of spond to any Advisory Opinion Request wlll Further, hotels and other local business­ goods and services as described above wheth­ normally be granted such time upon written men, including corporations, may otrer to er provided by local government bureaus, in­ request to the Commission. All timely com­ defray a portion of certain expenses incurred dividuals or businesses should not be deemed ments received by the Commission will be 1n connection with the Conventions. The "expenditures" of the Party for purposes of considered by the Commission before it is­ amount available to defray such expenses this section. In setting the expenditure 11In1- sues an advisory opinion. The Commls.sion may consist, in part, of a. portion of the tat1on, Congress was presumably seeking to recommends that comments on pending Ad­ sums paid to the va.rious hotels by registered llmlt the amounts actually received and dis­ visory Op~nion Requests refer to the specific guests connected with the Conventions, bursed by the Parties and not to reduce this 227\16 EXTENSIONS OF REMAIQ(S July -14, 1975 traditional participation in the Convention CONVENTION HALL The hotel which acts as headquarters for by the city, state and businesses which di­ The interior of a hall must be designed the convention would, in addition, be re­ rectly benefit from hosting the Convention. to meet the peculiar needs of a Presidential quested to provide office space, free use of By including such items within the term nominating convention. A specially designed its public rooms for meetings and caucuses "expenditures" it is conceivable that the par­ podium must be constructed. On both sides and furnishings for these purposes, for ex­ ticular city and its local businesses a.re in of the podium, fixed tables for the pr~ss must ample, chairs, tables, microphones, etc. !act assisted by the Federal funding of Con­ be built. MISCELLANEOUS GOODS AND SERVICES ventions to the extent that they are relieved The floor of a convention becomes so The Site Selection Committee is a 20- of such responsib111tles. strung with wires for phones, audio equip­ member sub-commi·ttee of the National we a.re of the opinion, therefore, that the ment, television and radio that a. false floor Committee, charged with the responsibility provision of such goods and services as de­ must be built on top of the normal flooring of selecting the site for the convention. They scribed herewith a.re not "expenditures" un­ for the safety of the delegates, alternates and held hearings in early April at which six der Section 9008 ( d) ( 1) . the many others who obtain access to the cities made presentations. The Committee IV. Sections 9008(e) and. (g), Title 26, floor. will next travel to a number of these cities United States Code: Camera platforms for television, newsreels at their invitation. The Committee will make Section 9008(e) provides in effect that pay­ and still photographers have traditionally a.n on-the-scene investigation of the cities' ments may be made to the Parties no earlier been built by the parties, including one facilities. Among the expenses that these than July 1, 1975. Section 9008(g) provides major central platform and several side plat­ localities may offer to assume are the costs in effect that the Parties shall file a. registra­ forms for different camera. angles. of transporting the Committee, housing and tion statement with the Commission provid­ The seating plan for delegates and alter­ a number of hospitality functions such as ing information similar to that required of nates 1s usually specially designed to assure luncheons, dinners or receptions attended other political committees under Section adequate sight lines for them and wide by local civic leaders. 433(b) of Title 2, United States Code. The enough aisles for their safety and conven­ Because of tight time schedules, widely Commission is then to establish procedures ience. In many instances, this type of set up spread convention hotels and traffic prob­ for determining the entitlement of the Par­ may exceed the normal capabilities of a hall lems that exist in every major city, a special ties to funds and then to certify said entitle­ and extra materials and labor may be re­ shuttle bus system for delegates, alternates ment to the Secretary of the Treasury. Fur­ quired. and other convention participants will be to ther, the Commission is authorized exam­ The lighting for the floor and the podium sought. It may be a totally free system; a ine and audit such entitlements a.t any time at most convention halls is inadequate to flat fee might be charged to those using the prior to December 31, 1976. meet the requirements of color television. system, at a minimum rate, subsidized from We propose that the Parties submit to the Thus, additional lighting equipment must local sources. Further, some of the bids have Commission by June 1, 1975, a. projection of be brought in and installed. Air conditioning offered to provide from local sources a li~ited the cost of the Conventions based on their facilities in the hall may have to be bolstered number of private automobiles for trans­ Convention experience in 1972. Based upon to offset the heat generated by this lighting. portation of convention officials. this preliminary projection, the Commission Electrical power for these facilities, plus would then certify to the Secretary that ea.ch The National Committee has the responsi­ additional demands for electrical outlets for bility for approving all room reservations in Party was entitled to the sum of $600,000 for other convention equipment, can become a payment on or shortly after July 1, 1975, as­ convention hotels. This workload may be very substantial expense. relieved to some extent by utilizing staff suming that the Commission satisfies itself As noted by the Chairman at our meeting, and facilities of the local convention bureau as to the accuracy and reliability of the pro­ all of the major contending cities appear to or hotel association. jection. A similar procedure would be fol­ be prepared to waive all rental charges for lowed so that an entitlement would then be the hall during the preparatory period of SECURITY certified to the secretary for all like a.mounJts construction and installation, the days of The security within the convention hall is on December 1, 1975, and on May 1, 1976. the convention and a reasonable period the direct responsibility of the National (We would urge the Commission, in any case, thereafter to clear the hall. Committf'es. security services within the to request of the Secretary that payments Among the additional items that may be hal1 have been paid for and managed by the be ma.de within 15 days of the Commission's sought include, janitorial services after each National Committees. There ls, of course, certification.) session of the convention, decorations for the close coordination of this work with local During this period of time, the Parties hall, offices within the hall, furnishings, law enforcement officials and with the Secret would submit to the Commission such re­ equipment for the offices within the hall, Service which now has certain responsibili­ ports, vouchers, invoices, etc., as the Com­ microphones and a loud speaker system and ties for the Presidential candidates. mission may require to support the funds the operation of this audio system. Outside the convention hall, the Commit· advanced to the Parties. Among the cities bidding for the conven­ tees have no direct authority to provide or The certification of the last entitlement, 1! tions, the difficulty and expense of provid­ control security. This is, of course, the re­ any, up to the $2,000,000 limitation, would ing these goods and services would vary. For sponsibillty of the duly constituted law en­ be made as soon as practical within two example, we understand that the convention forcement agencies of the city, county and weeks of the conclusion of the Conventions center of one of the contending cities would state. Again, however, close coordination of the respective Parties and would be based not require the installation of a false floor with these officials is sought to assure an upon actual expenditures made. due to the wiring system already installed orderly convention in which the elected dele­ We a.re of the opinion that such a proce­ in the hall. There are differences, too, in the gatt\s and alternates can discharge their dure would provide the type of financing i:e­ source of support for providing these goods duties without interference, yet providing quired to responsibly manage the Conven­ and services. In others, a tourist development ample opportunity for non-delegates to exer­ tions and would, at the same time, meet the authority, a Chamber of Commerce commit­ cise their First Amendment rights. The ef­ Commission's responsibillty to discharge its tee, or a specially organized non-profit com­ fort to assure this delicate balance with such responsibilities under the law." mittee may bear the major portion of these largA numbers of interested people involved /s/ Robert S. Straus, costs. means that a. substantial cost for law en­ (Chairman, Democratic National Com­ HOTELS forcement will be incurred by any city that mittee) (April 21, 1975). Another source of major aid to presl­ hosts a national convention. In 1972, finan­ den tial nominating conventions has come cial grants from the Law Enforcement As­ ADDENDUM OF MAY 15, 1975 from the hotels that house the guests of the sistance Agency were made to Mia.mi Beach DEAR COMMISSIONERS: At a. meeting on conventions and thus benefit directly from for both conventions. We do not know April 21, Commissioner Aikens had requested the convention. The housing of and office whether such grants will be available in additional details on the types of goods and space for convention officials and staff is a 1976. services we will be negotiating for in the major burden of convention operations. ANDREW J. SHEA, course of our Site Selection process. Subject, Some staff for the convention customarily Director, Democratic National Convention. of course, to a favorable determination by establish their office and residence in the con­ the Commission on the requests submitted vention city as early as January of the con­ to you on the 21st, the following goods and vention year. The number of such personnel services a.re among those that we will be increases as the months pass. Within two DANIEL J. BOORSTIN'S NOMINATION seeking. weeks of the start of the convention, the URGED I would like to reiterate that these goods full regular sta1I of the National Committee, and services are commonly offered as an in­ plus special convention staff, move to the ducement for a convention to be held in a convention city. HON. JOHN J. RHODES particular city. They are o1Iered either di­ We would be seeking complimentary and OF ARIZONA rectly or through a local host committee, reduced rate rooms from convention city IN THE HOUSE OF REPRESENTATIVES non-profit corporate entity, Chamber of hotels to meet some portion of these needs. Commerce, Junior Chamber of Commerce or This number of complimentary rooms sought Monday, July 14, 1975 similar organization: We understand that would be related to the numbers of rooms Mr. RHODES. Mr. Speaker, the Li­ these inducements are similar to those of­ actually booked by the convention at the fered to other organizations to induce them particular hotel, possibly four complimentary brary of Congress is a valuable and im­ to hold conventions of similar size and scope room nights for each 100 paid room nights portant part of the functioning of the tn their particular city. of occupancy. House and Senate. We all have received July 14, 1975 EXTENSIONS OF REMARKS 2271~ information and services from their huge too late. If not, you will lose your daugh­ the village of Riverside is the result of reservoir of reference materials, and ter." careful and skillful planning by the in­ their continuous program of researching This act of terrorism only strength­ ternationally recognized Frederick Law the background on issues. ened the resolve of the Druck family to Olmsted, who with his partner, Calvert The job of Librarian of Congress is to exercise their right of free emigration Vaux, laid out the community of River­ be filled. The President has nominated as expressed in the U.N. Declaration of side as part of a private land develop­ a distinguished scholar, Daniel J. Boor­ Human Rights, a document signed by the ment plan for the Riverside Improve­ stin, to the position. Soviet Union. It is with great courage ment Go.-in 1868. This private develop­ I have known Mr. Boorstin for many that Alexander Druck writes of his plight ment was converted into an incorporated years, and have been impressed with his in an open letter addressed to the Amer­ village in the year 1875, which accounts intellect and abilities. He is one of the ican astronauts and Soviet cosmonauts: for the centennial being observed this Nation's best historians, a Pulitzer prize On the eve of your historic flight, I wish year. winner, and is senior historian for the you success as one of the millions of your Mr. Speaker, there are many evidences Smithsonian Institute. He also served for friends, as one of the thousands connected of Riverside's past history which deserve 4 years as director of the National Mu­ one way or the other with your flight, and as one of those Soviet Jews who wishes to live to be recalled at this proud hour. An his­ seum of History and Technology for that together with his people in Israel. toric plaque erected on July 4 1932 by institution. He came to government from Ia.man engineer who has worked with re­ the Riverside Women's Rea.cling ciub, an outstanding career as an educator at solvers which are widely known and a.re used and the Chicago Historical Society re­ the University of Chicago. in many spheres of techniques. In March calls that the Indians and early fur trad­ I served with Mr. Boorstin on the 1973, my family and I (consisting of four ers used a river crossing at a place where Board of Visitors for the Air Force Acad­ members) asked for permission to leave for the Des Plaines River passes through the emy, and have been privileged to have Israel but were refused in virtue of that fact, village. that resolvers are used in cosmic techniques. his friendship for many years. This was absurd then and especially now At another point in the village just I believe he will make a fine Librarian when dozens of American scientists are ac­ west of the Chicago, Burlington & Quin­ for the Library of Congress, and I urge quainted in detail with the Soviet cosmic cy Railroad station, a large granite that the Senate Rules Committee move techniques, saw the cosmodrome and launch­ boulder marks the site of the first home speedily to confirm his nomination. ing grounds. I have never been on the cosmo­ ~rected in ~ook County west of Chicago drome and have never seen a Soviet rocket. m 1831. ThlS structure was occupied by I have not worked in my profession for three Stephen Van Rensselaer Forbes who was yea.rs, but have been told my question of the first sheri.tf of Cook County.' UNITED STATES-SOVIET COOPERA­ leaving will be decided only in 1980. I think TION IN SPACE that one cosmic flight ls not enough for the Mr. Speaker, the most celebrated and achievement of real friendship between peo­ certainly the best known landmark is the ples. I ask you to use your infiuence for the ~iverside Water Tower, which was orig­ HON. WILLIAM LEHMAN triumph of justice and humanity. inally erected in 1880, and subsequently OF FLORIDA I wish you a successful flight and safe destroyed by fire on New Years Eve 1913 IN THE HOUSE OF REPRESENTATIVES landing. and thereafter reconstructed according Sincerely, to its original Swiss gothic tower design. Monday, July 14, 1975 ALEXANDER DRUCK, 72 Leninsky Pr. KV 44, Moscow, U.S.S.B. Mr. Speaker, the village of Riverside Mr. LEHMAN. Mr. Speaker, as Tues­ is described as a village in the forest and day, July 15, 1975, approaches, and the All Americans and all peace-loving on some occasions as a village in a park. world witnesses the historic event of peoples throughout the world fully sup­ However~ whatever the description, the American astronauts, we must pause to port Soviet-American cooperation in the commuruty fits the definition precisely. express our continuing concern for the heavens. All peoples will have even more The Riverside centennial is more than Soviet Jews' struggle for freedom here reason to rejoice when the Soviet Union simply a lOOth anniversary celebration on Earth. decides to cooperate on earth by recog­ of a midwest village-it is moreover an On this particular occasion, it would nizing the basic human right to emigrate event of national significance in which a be most appropriate to remember Alex­ as codified in international law. So as we community steeped in historical lore and ander Druck, one of the many Russian launch our Astronauts of July 15, let us recognized throughout the Nation as a scientists denied an exit visa on the pre­ all say a heart-felt prayer that perhaps forerunner of municipal planning is text that he has worked in the space pro­ we can also launch Alexander Druck and honoring its antecedents and its commu­ gram. Now that there is a much-wel­ his family to freedom. nity leaders throughout the year-culmi­ comed, open exchange of space informa­ nating in the 1975 centennial parade and tion between the U.S.A. and the U.S.S.R., program on August 10, 1975. this excuse is no longer valid. Mr. Speaker, I am privileged indeed Alexander Druck, 47, is a victim of the THE YEAR 1975 MARKS THE CEN­ to have been invited to retur{i to my Moscow OVIR--the Visa Office. An elec­ TENNIAL OF RIVERSIDE, ILL. home community by the village presi­ tromechanical engineer, he lost his job dent, Louis J. Komorous, who was my when he applied for visas in 1973. His HON.ROBERT McCLORY erstwhile classmate in the Riverside Pub­ wife, Tristian, 42, was recently hospital­ OF ILLINOIS lic Schools, and by the centennial chair­ ized with spinal cancer. Their daughter, IN THE HOUSE OF REPRESENTATIVES man, Charles D. Clawson. In connection Helen, is 16. The grandmother, age 70, with the centennial events I will be lives with them. In a letter dated Jan­ Monday, July 14, 1975 joining with many other lo~gtime na­ uary 11, 1975, Alexander wrote: Mr. McCLORY. Mr. Speaker, while our tive sons and daughters of Riverside in­ I don't know whether you know or not Nation will observe its Bicentennial in clud~g some with whom I spent' my that the official ca.use of my being detained 1976, the village of Riverside, m., is cele­ earller days. Among those are village is "consideration of State security" in con­ nection with my former job. In fa.ct, that is brating in 1975 its lOOth anniversary as trustee Francis P. Creadon, and one of pure nonsense, for my work didn't have an incorporated municipality. It is with the community's elder citizens, Mark J. anything to do with the question of secu­ a sense of special pride that I recall my Lies. rity.... birth, adolescence, and early adulthood Mr. Speaker, it seems not inappropri­ I suppose the authorities have chosen me in this charming showPlace of America. ate also, to recall that my late father as an example. Under the circumstances, Mr. Speaker, the National Park Service Frederick Stephens Mcclory, served fo; the only hope left for me is that our friends in naming Riverside as a registered Na­ many years as attorney for the village in Israel and the USA a.re persistently strug­ gling for us. tional Historic Landmark, has described of Riverside, justice of the peace, and the village appropriately as "the first Democratic township committeeman for In April 1975, the Druck family re­ planned community in the United the township of Riverside, and in other ceived an anonymous letter warning States." official capacities. them to reverse their intention to emi­ Mr. Speaker, this description is literally Mr. Speaker, in my return to River­ grate. It read: "Turn around; it is not correct in that the parklike character of side, I will be privileged to be in the 227'18 EXTENSIONS OF REMARKS July 14, 1975 congressional district of our colleague, bricating oil or used as a feedstock in the TABLE 2.-WASTE Oil GENERATION BY STATE manufacture of other petroleum products. Congressman HENRY HYDE, who has the (In gallons) special advantage of representing this In industrial applications it can be reclaimed beautiful and nationally recognized com­ to nearly original quality by off-the-shelf equipment. It can be reprocessed to clean State Automotive Industrial munity, and I will be participating with fuel oil and, under special conditions, oan Congressman HYDE and other public be safely burned untreated. leaders in various of the centennial Yet today, perhaps as much as 50 percent Alabama ______Alaska ______12, 182, 640 4, 719, 116 events. of all waste oil generated in this country is Arizona ______l, 395, 900 190, 920 Mr. Speaker, I want to take this lost from a. resource recovery point of view; Arkansas ______6, 358, 600 1, 279, 087 much of it is disposed of in an environmen­ 8, 008, 590 3, 085, 107 further occasion to express on behalf of California ______72, 034,320 20, 021, 638 tally hazardous manner. The reasons for these Colorado ______8, 229,900 1, 920, 620 all of my colleagues our good wishes and losses are primarily economic, but they are Connecticut______our heartfelt congratulations to the vil­ Delaware ______6, 743, 770 3, 652, 711 compltcated by a. number of environmental Florida ______1,624, 870 435,653 lage of Riverside, Ill., on its lOOth birth­ issues and controversial government poli­ 14,445,970 5,056,982 14,495, 260 6,442, 547 day. cies ... ~:~:iir_-::::: === ::::::: ::: ::: l, 857, 600 (1) WASTE on. SOURCES Idaho ______- _- ______----- 3,435,230 392, 549 Illinois ______----__ _ 37, 263,020 26,383, 747 In 1972, approximately 2.2 billion gallons Indiana ______17, 722,970 12, 991, 233 FEA ANNOUNCES WASTE OIL CON­ of lubricating on were sold in the United Iowa ______-----______ll, 103, 710 2, 400, 122 SERVATION PROGRAM States. Approximately 50 percent of this lube Kansas ______14, 381, 300 2, 979, 826 oil was consumed in use, discarded with filter 14,075,660 639, 301 f~ ~;~~~~~t ::::: ::: :::::::: :: : 15, 163, 310 12,070, 643 ( cartridges, lost through leakages or in other Maine ______-----_----______3, 339, 070 822, 170 HON. CHARLES A. VANIK ways resulting in the generation of an esti­ Maryland ___ -----______7, 286, 110 3, 102,488 Massachusetts ______OF OHIO mated 1.1 billion gallons of waste oil. The 13, 404, 420 6, 129, 556 Michigan ______37,488,000 19, 571, 150 IN THE HOUSE OF REPRESENTATIVES major sources of waste oil are automotive 14, 533, 400 3, 213, 530 operations, industrial and aviation op­ 9, 185, 500 2, 707, 690 Monday, July 14, 1975 erations, and other sources, such as govern­ 19, 701, 790 4,283, 712 Montana~lff~~rE~======:::: _____ ------4, 191, 070 503, 289 Mr. VANIK. Mr. Speaker, recently, I ment uses and industrial process olls.1 The Nebraska ____ • ______•• - __ 8,846, 970 1, 633, 035 estimates for these categories are shown in Nevada ___ ------__ 2, 381, 820 257, 644 was gratified to learn that the Federal New Hampshire ______Table 1. Not included in the estimates in 1, 680, 430 257, 769 Energy Administration has initiated a New Jersey_------18, 071, 960 18, 459, 034 comprehensive program to increase the Table 1 are addition.al amounts or waste oil New Mexico ______4, 760, 980 1, 548, 790 New York ______32, 016, 880 15, 546, 678 recovery and reuse of waste lubricating from sources which are very difficult to quan­ North Carolina ______tify. These include waste oil collected from 13, 832,020 4, 585, 158 oil. As many of my colleagues know, I North Dakota ______4, 046, 060 271, 254 have been interested in promoting waste harbor oil spills, ship bilges, oil tanker bot­ Ohio ______----- 36, 627, 970 29, 795, 774 toms and washdowns and others. Oklahoma ______12,295, 480 4, 249, 737 oil recycling for many years now. In Oregon ____ ----__ ------12, 020, 320 2, 977,082 Pennsylvania ______- 35, 728, 740 1971, I introduced the first version of the Rhode Island ______27, 823, 461 TABLE 1.-WASTE OIL GENERATION BY SOURCE 1, 912, 560 770, 858 National Oil Recycling Act. I have rein­ South Carolina ______6, 432, 670 1,678, 776 troduced this legislation during the cur­ South Dakota ______4,400, 210 203, 592 (In gallons) Tennessee ______--- _-_ - 12, 665, 700 10, 442, 178 rent Congress with the support of many Texas _____ --_------47, 222, 230 32, 778, 546 of my colleagues. Utah _____ ------4,647,950 l, 062, 643 During the past several years in which Sales Waste oil Vermont______------1, 330, 400 190, 565 Virginia ______------10, 839, 430 3,017, 776 I have been involved with this issue, I Washington _____ ------__ 11, 047, 210 2,845, 560 have found the Federal Government's Automotive lube oils: Washington, D.C ______1, 638, 780 (1) Service stations ______270, 000, 000 170, 000, 000 West Virginia ______6, 530, 830 7,432, 560 efforts to improve waste oil recovery to Garages, auto supply Wisconsin ___ -----_------17, 262, 010 5,073, 985 be uncoordinated and low-keyed. Al­ stores ______----- 60, 000, 000 38, 000, 000 Wyoming __ ------2, 563, 700 470, 723 though some agencies-most notably the New car dealers ______102, 000, 000 92, 000, 000 Retail sales for commer- Bartelsville Energy Research Center of cial engines ______90,000, 000 57, 000, 000 1 Not available. ERDA and the Defense Supply Com­ Auto fleet and other lube oil uses ______136, 000, 000 68, 000,000 Note: GCA Corp., "Waste Automotive lubricating Oil Reuse mand in the Department of Defense-­ Factory fills (auto and as a Fuel," published report EPA-600/5-74--032, Environmental have done some excellent work in the farm equipment) ______60, 000, 000 54, 000,000 Protection Agency, September 1974. waste oil area, there has been no national Discount stores_----- __ _ 168, 000, 000 37, 000, 000 Commercial engine fleets_ 200, 000, 000 100, 000, 000 WASTE on. DESTINATIONS policy of recovering and reusing waste ------lubricating oil. Tota'------1, 086, 000, 000 616, 000, 000 The best estimate a of the ul·timate fate / of the 1.1 billion gallons of waste oil is: I am hopeful that FEA's recently Industrial and aviation lube 480 million gallons (43 percent) used as / formed waste oil program will :fll1 the oils: Hydraulic and circulating fuel, treated or untreated; 90 million gallons void. The FEA's Industrial Analysis Of­ system oils ____ ------325, 000, 000 137, 000, 000 (8 percent) re-refined to lube oil; 200 mil­ fice, energy conservation and environ­ Metal working oils ______150, 000, 000 105, 000, 000 lion gallons (18 percent) used as road oil Railroad engine oils ___ ._ 60, 000, 000 32, 000, 000 or in asphalt; and the fate of 340 millton ment, has produced an excellent fact­ Gas engine oils ______62, 000,000 56, 000, 000 sheet on the waste oil problem, excerpts Aviation and other ______137. 000, 000 64, 000,000 gallons (31 percent). including the 30 mil­ Uon gallons of re-refining wastes, is un­ from which I would like to submit to the Tota'------734, 000, 000 394, 000, 000 known. Better estimates of the ultimate fate RECORD. ======of waste oil are not possible because of the Other industrial oils: I congratulate FEA for its leadership Processoils______310, 000, 000 31, 000, 000 lack of means of accounting for it across the in this area of energy and resource man­ Electrical oils______57, 000, 000 51, 000, 000 splintered collection, re-refining and disposal agement and pledge my continued sup­ Refrigeration oils______10, 000, 000 5, 000, 000 systems. ------port for these efforts. To ta I••••• ------377, 000, 000 87, 000, 000 ENVIRONMENTAL IMPACTS OF DUMPING The f actsheet follows: ======Altogether, perhaps as many as 500 mil­ Lube oils purchased by lion gallons of waste oil are discharged di­ WASTE OIL FACT SHEET United States ______37, 000,000 18, 000,000 ======rectly to the environment each year. Dis­ Waste oll is generated from automotive and Grand totaL------2, 234, 000, 000 1, 115, 000, 000 posal methods include road oiling, dust con­ industrial sources at the rate of approxi­ trol, weed control, or indiscriminate dump­ mately 1,100,000,000 gallons ee.ch y«mr. Al­ ing into waterways, municipal sewers or onto Note: Waste oil study[ a report to the Congress, Environmental though this a.mounts to somewhat less than Protection Agency, Apri 1974. land surfaces. These methods are potentially 1 percent of the Nation's annual petroleum. detrimental to the environment. A concen­ consumption, it does equate, nevertheless, to tration of 1 part oil to a million parts (ppm) more than 70,000 barrels of 011 per day, or 7 The generation of waste oil ls widely dis­ water in surface or ground water causes percent of the President's energy conserva­ persed throughout the country. Table 2 dis­ taste and odor problems in drinking water. tion goal for 1975. plays estimates of both automotive and in­ Concentrations of 50 to 100 ppm can foul Although d!rty and contaminated, waste dustrial waste oil quantities for ea.ch State. waste treatment processes. Results of bio­ oil has high energy v&lue and is composed. demonstrating the magnitude of both the logical studies indicate different toxicity almost entirely of "lube oil fractions," a problem and the opportunity .•. levels among species, among methods of in­ small but valuable portion of a barrel of troducing oil to water, and between marine crude oil. It can be re-refined into good lu- Footnotes at end of article. and freshwater organisms, but signiftc.ant July 14, 1975 EXTENSIONS OF REMARKS 22719 chronic effects have been found at concen­ open market for waste oil feedstocks, as much new oil and was therefore entitled to know trations of 310 ppm on several species of of the waste oil collected is sold for other the origin of its oil purchases, stipulated that freshwater fl.sh and at as low as 1 ppm on purposes ... re-refined oll products must be clearly labeled simpler marine forms. The re-refining industry is declining. In "made from previously used oils.'' Re-re­ the early 1960's, approximately 160 re-refiners finers contend that this particular wording "DO-IT-YOURSELF" Oll.. CHANGERi;I produced an estimated 300 million gallons of unfairly implies inferior quality and that as a Since the early 1960's, the sales distri­ re-refined oil products. In 1972, less than 40 result of this ruling many middlemen have bution of automotive engine oil has shifted companies were still in business and they stopped handling their products and that re­ dramatically from service stations to retl\11 produced less than 100 Inillion gallons, and re.fined oil now competes directly with lower stores which sell major "high reputation" today many are operating at 50 percent of quality virgin oils. brands at discount prices. In 1961, service capacity. The controversy over re-refined lube oil stations accounted for about 70 percent of The reasons for this decline are both tech­ qua.lity is on-going. In recent and separate all sales of lube oil for passenger oars, while nical and econolnic. In recent years lubricat­ tests by the Bureau of Mines and the Army mass marketers accounted for only ..,. percent. ing oils have become more complex with the Fuels and Lubricants Laboratory, some re­ By 1971 the service stations' share of the blending in of between 15 and 20 chelnical refl.ned lube oll products failed to meet SE market had dropped to 45 percent, while additives, and refined lube oil markets have grade or MIL-~2104C specifications; how­ that of the mass marketers had climbed to suffered somewhat from the controversy over ever, so have some virgin lube oils so adver­ 28 percent. Some oil industry omcia.ls predict whether or not the quality meets current­ tised. The industry's reputation has un­ that by the late 1970's, 40 percent of all pas­ day specifications. Extended drain periods doubtedly been blelnished by the question­ senger car lube oil sales will be over the have concentrated additives and impurities able integrity of some operators wh~ have counter to "do-it-your-selfers." in waste oil, making it more difilcult to re­ not produced high quality products. As a re­ A recent survey 4 revealed that approxi­ refine. Collection costs have increased and sult, current Federal procurement regula­ mately 44 percent of sales to do-it-yourself­ disposal of the acid sludge byproduct has be­ tions bar the purchase of re-refined oils, al­ ers were for "adding only," 47 percent for come more dimcult and expensive. Further, though the Defense Supply Agency is now "oil ch.anges only" and 9 percent were for certain Federal tax advantages have been developing a pilot program to experiment both adding and changing oil. Although very elilninated. All of the foregoing together with with recycled oils, and the outcome of this little data exist on the quantities of waste old and inefficient plants, operating at less program may lead to a change in this policy. oil generated by this group of consumer, it than design capacity, have generally eroded FTC intends to make no changes to its label­ has been estimated that the a.mount could whatever price advantages re-refined on prod­ ing requirements until this controversy over easily be as high as 100 million gallons per ucts may have had over virgin on lubricants. quality has been resolved. year. Although the re-refining industry has suf­ This survey further revealed that of those FEDERAL TAX TREATMENT OF THE RE-REFINING INDUSTRY fered a number of setbacks (the loss of tax who changed their own oil, most disposed advantages, the barring of federal markets, of the crankcase dra.inings by dumping The excise tax on lubricating oil dates to the labeling requirement, the quality contro­ (Table 4). However, a high degree of willing­ the Revenue Act of 1932 when a 4 cent per versy, the environmental questions over acid ness to return used oil was indicated by gallon tax was levied on all grades of lubri­ sludge disposal), it nevertheless is currently those interviewed, provided that a con­ cating oils, to be paid by the manufacturer experiencing more demand for re-refined oil venient mechanism for doing so existed: 67 or producer. This tax was increased by % than it can supply, and its chief problem to­ percent said that they "definitely" or "prob­ cent in 1940 and an additional 1% cents in day is in obtaining sumcient feedstocks of ably" would return oil, another 12 percent 1942, thus raising the total tax to 6 cents waste oil. It finds itself in direct competition said that they "might," and only 21 percent per gallon, which is the current tax today. with those who burn waste oil as fuel and said that they "definitely" or "probably" In practice, this tax has been applied only to a.re willing to pay as much as 25 cents per would not return the oil ... virgin lube oil products. Re-refined oll has gallon, delivered in large quantities. never been nor is taxed today. As a result, TABLE 4.-Means of cUspostng used oil re-refined oil products enjoyed a 6 cent per FEA WASTE on. POLICY AND ACTION (In percent) gallon competitive advantage over virgin oil PROGRAM Rela­ products until 1965. In summary, waste oil is a valuable petro­ tive The Excise Tax Reduction Act of 1965 re­ leum resource, high in energy value and rich Be- fre- moved all federal taxes on lubricating oils, in lube oil fractions. Of the 1.1 billion gal­ Means: sponses quency ( except those used in highway vehicles, and lons generated annually in the United States, \ 1. Dump in backyard or else- earmarked this revenue for the Highway as much as half is lost from a resource re­ <. where on property ______157 33.6 Trust Fund. Thus, the excise tax of 6 cents, covery point of view through dumping, land 2. Take to service station_____ 73 15.6 still paid by the manufacturer and included spreading, road oiling, incineration and di­ 3. Take to public dump______54 11.6 in his price, was now applied only to auto­ rect discha.-rge to waterways and municipal 4. Dump in sewer______63 11. 4 motive products: off-highway users, such as sewers. There are no technological barriers to 5. Dump in garbage can______50 10.7 farmers, construction contractors and rail­ physically recycling waste oil and, having 6. Dump in empty lot______16 3.4 roads, were made eligible for tax refunds. Be­ yielded full respect to the econolnics of vari­ 7. Pour down toilet______4 0.9 cause the primary markets for re-refined oil ous collection and recovery systems, FEA has 8. Sell ------3 0.6 in 1965 were concentrated among consumers determined that better resources utilization 9. Pour down sink______2 0.4 of industrla.1 olls or off-highway users of au­ is possible and regards this objective as an 10. Use around the house______3 0.6 tomotive oils, the effect of this action was to important opportunity for energy conserva­ 11. Other means of disposaL___ 62 11.2 equalize tax treatment of both virgin and re­ tion. refined oll in this market, and re-refiners lost FEA ls in full agreement with the purposes 467 100. 0 their 6 cent price advantage. and functions of both the re-refining and the In reality, however, the re-refiner was dealt reprocessing industries. In view of the poten­ Tek.nekron, Inc., A Technical and Economic tla.lly hazardous environmental impacts of Study of Waste Oil Recovery, Part II, pub­ an additional setback, for under IRS Ruling lished report for EPA Contract No. 68-01- 68-108, the re-refiner and his off-highway burning untreated and contaminated waste \ 1806, Environmental Protection Agency, customer were declared ineligible for the re­ oil and the consequent loss of lube on frac­ " fund of the tax on the virgin oll component tions, FEA approves of the use of waste oil .> October 1973. as a feedstock to re-refiners, but acknowl­ i of a blended product. THE RE-REFINING INDUSTRY For example, 1f a re-refiner manufactured a edges that in some areas of the country ·re­ There a.re no technical impediments to 50-50 blend of virgin and re-refined oll, the refining may not be commercially feasible. physically recycling waste 1ube oil. The proc­ 6 cents per gallon tax on the virgin oil com­ In these areas FEA seeks to encourage re­ esses applicable to petroleum refining a.re ponent would have to be passed through as processing to other useful petroleum prod­ generally adequate, with modification, for a cost of 3 cents, and neither the re-refiner ucts, such as residual fuel, or direct burn­ processing waste oil; however, as a matter of nor his off-highway customer was entitled ing at oll and coal fired utlllties and large practice, virgin crude refineries do not recycle to a tax refund. Thus, in this case, the com­ industrial plants, which are properly waste oil because metallic contaminants bined result of the Ex.else Tax Reduction Act equipped with emission control equipment. present in the waste oil can 8.clversely affect and the IRS Ruling 68-108 to ca.use the re­ In an effort to assist the ailing re-reflniDg good lube stock fa.ls to what is known as the refiner to absorb a 9 cents per gallon market industry, FEA seeks to amend current exctae purposes ... adjustment relative to his position prior to tax provisions on lubricating olls so as to Thus, the job of converting waste oil into 1965. Since profit margins in this industry equalize treatment of both v1rg1n and re­ good lube stock falls to what 1s known as the have traditionally been very narrow, on the refined lube oll manufacturers. Such an re-refining industry. It is a small industry in order of 1 to 2 cents per gallon, these actions amendment would exempt re-refiners who the United States, generally using old proc- have been cited by re-refiners as a major blend virgin oll at 50 percent or less ~ paying the tax on the virgin oil component. ess technology, and is very susceptible to cause of the decline of the industry. economic fiuctua.tions. Depending upon local Further, FEA w1ll seek a revtston of the Ped· conditions, some re-refiners are currently ex­ FTC LABELING REQUJ:REMENT FOR RE-REFINED eral Trade Commission's "made from previ­ periencing dlmculties in competing on the OILS ously used oils" labeling requirement and a In 1964, the Federal Trade Commission, ob­ revision to the Defense Supply Agency's pro­ Footnotes at end of article. serving that the public had a preference for curement specifications banning government 22720 EXTENSIONS OF REMARKS July 14, 1975 use of recycled oils, provided that the con­ of appreciation for Air Force personnel machineguns, and one police department troversy over quality assurance and consist­ stationed at Kelly and Lackland Air · in California is contemplating the pur­ ency can be resolved. FEA is an active par­ Force Bases, Tex. chase for its SWAT program of a heli­ ticipant of the Interagency Commiteee on The letter follows: copter gunship. Resource Recovery and is closely monitoring a Hon. ABRAHAM KAzEN. How can police be encouraged to exer­ joint effort by the Environmental Protection House Office Building, Agency and the Department of Defense to cise restraint, to resolve dangerous situ­ Washington, D.C. ations without having to fire a shot when resolve the quality question. DEAR Sm: We wish to express our thanks As a means to create better utilization of they are being armed to the hilt with / for the work and cooperation that was done combat weapons and, as the article ( already collected oils, FEA has begun working by Kelly Air Force and Lackland of San An­ with state governments in the development tonio in helping clean up and restore things points out, are becoming inured to their of a model state "waste oil" blll. Such a bill that were torn up by the klller tornado that use? I would license collectors and receivers of hit Yancey, Texas, April 29, 1975. The work Equally disturbing about this program waste oil so as to encourage decovery and J that was done was clean and pick debris is its extension to include counterinsur­ ./ pollution abatement and to control or, if so from the farm fields, move dirt for fill for gency training against allegedly revolu­ warranted, prohibit dumping, incineration, houses, carpentry work, plumbing, fencing, tionary political groupg in the country discharge to waterways and sewers and sale burn trash, bury trash that would not burn, to unsuspecting purchasers as "discount fuel and the paramilitary mentality that f fill underground water cisterns that were seems have infected SWAT personnel. ) oil." Further, FEA is working with local gov­ damaged and many other things. to ernments and seeks to assist and co-sponsor Here are the names of some of the men SWAT-trained officers were involved in successful waste oil recycling demonstration who helped that I was able to get: the slaying of six members of the Sym­ ) programs. Capt. Clarence G. Haskell, Jr.,-Civil Engi­ bionese Liberation Army in Los Angeles In areas of the country where collection neer, MSgt. Byron S. Moss-Carpenter, TSgt. in 1974 and there is considerable evi­ j networks are marginally profitable and col­ Robert Starko--Equipment Operator, SSgt. dence that their use of force was unwar­ lection charges are assessed, FEA seeks to Herbert Glass-Equipment Opera.tor, Sgt. ranted. SWAT techniques are being ap­ create increased demand for waste oil Ernest Rust--Equipment Operator, Mr. plied in anticipation of disruption of Bi­ { through its contacts with the electric utili­ George F. Fish, Jr.-Plumber, AlC Woodbury centennial events by militant groups. } ties and members of the industrial commu­ F. Grover-Plumber, Sgt. Richard A. Cer­ ( nity by advocating the use of waste oil as a aldi-Plumber, TSgt. Larry H. Wood-Carpen­ How long will our penchant for the fuel supplement to oil and coal fired opera­ ter, SSgt. Michael D. Burke-Carpenter, Sgt. use of force at the expense of political ( tions properly equipped with emission con­ Richard K. Doerr-Plumber. and diplomatic negotiation in the world trol equipment. Names were not available for many others and at home persist? How long can we FEA is currently soliciting support from who participated in the clean-up. permit the dehumanizing American fet­ gasoline retailers and wholesalers for a Capt. Clarence G. Haskell, Jr., CivU Engi­ ish for weaponry? I jointly sponsored, with FEA and the Envi­ neer, Kelly Air Force, was in charge of the Our use of overkill force in Vietnam ronmental Protection Agency, national oil re­ group that worked the area. We could not ) cycling public education program targeted to ask for a nicer group to work with than Capt. failed to quash an essentially national­ ... the individual who changes his own oil and Haskell and his group of men. ist revolution because we refused to face /} dumps the drainings (an estimated 100 mil­ The letter was signed by Harold Faseler, the underlying political motivations of lion gallons a year). The objective is to en­ Stanley Welmers, the E. L. Welmers Fam­ our adversaries and the majority of the courage return of waste oil to a public re­ ily, J. A. Van Fleet, Joe Nixon, Olen and Vietnamese people. I believe the escala­ I pository or service station and to promote a Leslie Brieden, Alton Oefinger and George tion of official force to maintain law and l conservation ethic. Wilson. order in America will also fail because we ( FEA is continuing to work with members of I am pleased to call my colleagues' atten­ I continue to disregard the sources of / the industrial community towards more effi­ tion to the service of the Kelly and Lack­ cient energy and resource utilization. In­ land personnel, the appreciation of the peo­ alienation, crime and violence in social cluded in this overall program is the promo­ ple they helped, and this fine demonstration injustice, economic impoverishment and i' tion of industrial waste oil recovery and the that our military personnel can serve as good political voicelessness. publication of a list of manufacturers of neighbors as well as our defenders. I wish to call to the attention of my ) in-plant oil reclamation equipment. colleagues the article on Special Weap­ t Waste oil recovery and re-use is an active ons and Tactics training of our police. > and ongoing program at FEA. The article follows: ~) REFERENCES ARMS ESCALATION AND PARAMILI­ [From the New York Times, Monday, July 1 Recon Systems Inc., Waste OU Recycling TARY TRAINING CHARACTERIZES 14, 1975] ( ,,f and Disposal, published report EPA-67012- POLICE DEPARTMENTS TOUGH ELITE POLICE UNITS USEFUL BUT { 74-052, Environmental Protection Agency, CONTROVERSIAL ) August 1974. (By Jon Nordbeimer) 2 GCA Corporation, Waste Automotive Lu­ HON. JOHN CONYERS, JR. < bricating Oil Reuse as a Fuel, published re­ OF MICHl'.GAN The concept of SWAT, an acronym for I port EPA-600/ 5-74-032, Environmental Pro­ Special Weapons and Tactics, is catching on / tection Agency, September 1974. IN THE HOUSE OF REPRESENTATIVES with police departments across the United ! a Waste Oil Study, A Report to the Con­ Monday, July 14, 1975 States in a manner that some police experts I suspect is more faddish than essential. ) gres, Environmental Protection Agency, April I 1974. Mr. CONYERS. Mr. Speaker, I read From small suburban communities to the with some apprehension a New York largest cities, an estimated 500 police de­ ? "Teknekron, Inc., A Technical and Eco­ I nomic Study of Waste Oil Recovery, Part II, Times article on special weapons and partments have organized elite Units special­ published report for EPA contract No. 68- tactics-SWAT-training which police ly trained in paramilitary operations and fire I power. 01-1806, Environmental Protection Agency, departments around the country have i October 1973. undertaken. The ostensible mission of these cadres­ l usually called SWAT tea.ms or some other Four years ago the FBI launched a free acronym-is for deployment in highly dan­ training program at its academy at the gerous police assignments, such as flushing > KELLY, LACKLAND MEN HELP Marine Corps base in Quantico, Va. The out snipers or other barricaded gunmen, or objective is to train police officers in ways rescuing hostages or other victims caught t to deal with snipers, barricaded gunmen, ln the line of police gunfire with criminals. HON. ABRAHAM KAZEN, JR. or to rescue hostages with the use of The tactics are designed to protect lives and to limit wild and uncoordinated police OF TEXAS minimum force. firing. There seems to be a basic contradic­ IN THE HOUSE OF REPRESENTATIVES A number of recent events in cities across Monday, July 14, 1975 tion in the principle behind that SWAT the nation have demonstrated that SWAT program. Its training apparently involves teams have been a useful and effective tool, Mr. KAZEN. Mr. Speaker, I have often the use of behavior psychology tech­ and have performed with restraint and pro­ said that our military organization is niques of persuasion, for example, how to fessional discipline. well-named the Department of Defense. negotiate the release of hostages, how to There is also evidence, however, that the None of us need be reminded that the deal through an understanding of ab­ trend has also introduced a paramilitary principal function is military in nature. normal psychology with deranged per­ mentality inside some departments and that But our armed services serve other func­ sons who are armed. Yet SWAT person­ some local agencies are pouring money and manpower into units where there is little tions, too. I have long supported the nel appear to be employing ever more rational likelihood that they will ever be MAST program that provides emergency deadly instruments of force such as high­ utmzed. helicopter evacuation in accident cases, powered rifles, sophisticated submachine "The thing that disturbs me about the 9.nd I am now pleased to share a letter guns, half-ton army trucks with mounted trend," observed Dr. Marvin E. Wolfgang, July 14, 1975 EXTENSIONS OF REMARKS 22721

director of the Center for .studies of Crim­ value, which is: 'We are gonna give the gun­ PSYCHOLOGY UTILIZED inology and Criminal Law at the University man one chance to surrender, but if he Restraint and hostage negotiation, a psy­ of Pennsylvania, "is that police departments shoots back, boy are we gonna let him have chological technique pioneered by New York are adopting this policy before any evalu­ it.'" said Wesley Pomeroy, Chief of the City's Emergency Aid Squad to extract hos­ ative research can be done on it. It is the Berkeley (Calif.) Poll.ce Department. tages from danger, are stressed in the SWAT kind of thing that quickly catches on in That notion, said Chief Pomeroy, who is a training program offered by the Federal Bu­ police departments because of the pressure former special assistant to former United reau of Investigation at its academy at the to be up to date without any knowledge States Attorney General Ramsey Clark and Quantico, Va., Marine Corps base, in addi­ of exactly what they're getting into." an organizer of the Law Enforcement As­ tion to weapon and military assault training. A check of police departments in a dozen sistance Agency, is contrary to the original Teams from 467 police agencies had been states showed that where SWAT units ex­ SWAT concept of disciplined police restraint. trained in SWAT techniques at the acad­ isted they were highly touted as a reserve PROPER TECHNIQUE emy-as of April of this year--since the pro­ emergency force, whose members usually gram was established. nearly four years ago \ worked at other duties until a need for their He said that when properly directed and in response to a national rise in civilian dis­ skills arose. trained in behavioral psychology and other turbances in the nation, extremist activity, ~ However, it was learned that such circum­ nonviolent techniques, such teams should be and an escalation in the arsenal of firearms stances rarely did come up, particularly in able to obtain most objectives without re­ used against police officers, according to an j the small and medium-sized jurisdictions, sorting to gunfire, which may kill not only F.B.I. spokesman. and in several situations where SWAT tech­ dangerous individuals, but also innocent vic­ Another 200 police teams are now awaiting 1 niques could be justified, events were re­ tims and fellow officers. training, he said, explaining that the stand­ solved before the team could be assembled However, too many police departments, ard team consisted of five officers, armed with and put into action. added the chief, who ls considered a liberal a high-powered sniper rifle, automatic weap­ Where they have been deployed, particu­ maverick in traditional police circles, envi­ ons, and shotguns. sion such techniques as a response not to ci­ larly in large cities, the units have generally ~e F.B.I. organized its own SWAT teams, acted -wi.th a controlled professionalism and vilian emergencies but to counter-insurgency beginning two years ago, officially called ap­ skill under conditions where less disciplined actions against revolutionaries or milltant prehension units, and a.bout 10 per cent of officers might have spilled blood needlessly, minorities. the bureau's 8,500 special agents received the survey showed. There have been a few This mood ls perhaps best reflected in the this instruction. These units are currently ugly incidents, such as the case in Ocean­ San Francisco Bay area. where nearly two engaged in the search for the killers of two side, Calif., where a SWAT sniper mistakenly dozen police departments have organized agents iate last month in Pine Ridge, S.D. shot and killed a 15-year-old hostage, but SWAT unit.a in recent yea.rs, mostly in small "About 20 years ago our agents were in­ they have been relatively rare compared with suburban communities. volved in a shootout only about every four the incidents of police overreaction they a.re In Belmont, a. bedroom community with or five years, and we used to hold a seminar designed to prevent, such as the recent case a population of 20,000, team members a.rm afterws.rds to dissect what caused the shoot­ in Lincoln, Neb., where more than a half­ themselves with Israeli submachine guns, ing since it was so rare," said the spokesman. dozen regular policemen shot and killed an silencers on sidearms, and carry large knives "But the nature of society has changed so unarmed and mentally unbalanced black strapped to their chests. much that last year alone we fought 35 gun man as he left his apartment in a siege. In Belvedere, one of the wealthiest sub­ battles and the figure so far this year is 21," The most worrisome aspect of the SWAT urbs in the nation, with a police force of he added. phenomenon seems to exist in the mainte­ four officers, a. team was organized with In addition, it was learned from other nance of units inside the smaller agencies volunteers from the community, a citizens sources that the F.B.I. is assisting Canadian from Massachusetts to California where elit­ outfit whose wealthy members made avail­ officials in the development of a SWAT-like ism or poor leadership exist at a time when able lavish private arsenals in case of a SWAT capability for use if required at the summer some policemen are arming themselves to the "emergency," including a two-and-a-half­ Olympic games next year in Montreal, a prep­ teeth in para-military imitation of the latest ton Army surplus truck with a 50-caliber aration made necessary by the memory of technique introduced in the big cities. ma.chine-gun mount, and who expressed in­ the taking of the Israeli team hostages by terest in obtaining a surplus PT boat and SUB:MACHINE GUN RECALLED Arab terrorists in Munich in 1972. helicopter gunship. Furthermore, Federal and police agencies "It reminds me of the nineteen-thirties In another Bay area suburb, where the around the country are developing coun­ when some smart salesmen went around the tallest structure is a two-story mansion, an termeasures built a.round SWAT responses to country selling submachine guns to every po­ overweight, fortyish SWAT officer broke hiS potential threats against prominent Ameri­ lice department on the theory that they leg while learning repelllng techniques­ cans or national monuments by revolution­ were going to have a shoot-out with John mountain-cllmbing method used in descend­ ary groups to disrupt the American Bicenten­ Dilling& some day," remarked a nationally ing by rope from tall buildings. known police expert. "All the cops did with nial, according to the sources. those things was risk the lives of the cit­ 'MACHO' SYNDROME izenry." Some professional policemen see the trend, Providence, for example, is the largest city especially in the smaller agencies where the ADDRESS BY DR. WILLIAM J. in Rhode Island, but it has no SWAT squad. need for SWAT ls not clearly seen, as a dan­ McGILL AT COLUMBIA UNIVER­ However, Warwick, a suburb of 90,000, does, gerous extension of a "macho" syndrome SITY COMMENCEMENT EXER­ with 35 of the 176-man force on the team, that exists pa.rtly as a result of the na.ture and it operates somewhere along the line of of police work and partly because of the CISES a fraternity, with members retaining the nature of the men attracted to it as a career. right to blackball any new member. "There are some cops who want to solve "The chief sometimes feels that if he wants all society's problems with an M-16," said HON. PETER A. PEYSER to appoint somebody to the SWAT squad Chief Vic Cizanckas of Menlo Park, a suburb OF CALIFORNIA he should have the right to do so," said that has shunned a SWAT capabllity. IN THE HOUSE OF REPRESENTATIVES "Some of these men have lost perspective of Cmdr. John Coutcher, but so far a show­ Monday, July 14, 1975 down over who has authority to name SWAT their role in society and are playing mental members hasn't come up. Neither has much games with firearms. Mr. PEYSER. Mr. Speaker, on May 14, SWAT action, said Coutc}"ler, who said that "Eighty per cent of police work ls serv­ 1975, Dr. William J. McGill, president of since the squad was formed in 1971 there ice to the community, but if you start Columbia University, delivered an ad­ have only been two or three times it has emphasizing the other 20 per cent you get dress at the commencement exercises of been assembled as a team for duty. a distortion," he continued. "And if you set Columbia University that I believe all Experts speculate that some police depart­ yourself up to use heavy firepower, then the ments have seen SWAT strategy by the Members will find most interesting. I am danger exists that you will use it at the inserting the text of that address for the weekly network television program that er­ first opportunity, and over-reaction-the roneously depicts SWAT teams getting in­ opportunity of what the concept ls all benefit of all my colleagues. volved in almost every phase of police oper­ about--becomes a real danger." The text of the address follows: a tlons, usually resorting to violence and Menlo Park technically has a SWAT squad, ADDRESS BY DR. WILLIAM J. McGILL mayhem to resolve a crisis. the chief added with a smile. It is the name This solemn and beautiful ceremony marks There are also indictations that some de­ the officers chose for the department's base· the end of the academic year, the 221st in partments caught onto the idea after watch­ ball team. our long journey from King's College in early ing the televised shootout between Los Ange­ Menlo Park, in 1968, was the first commu­ colonial times to Columbia's commencement les Police Department SWAT personnel and nity in the United States to dress officers on in 1975. Almost everything we do or say six members of the self-styled Symbionese patrol in civilian clothing, an effort to de­ this afternoon has some important linkage Liberation Army revolutionary group here 14 militarize the department and help bridge with our remarkable past. months ago, in which the latter were slain the gap the uni!orms helped create with the Columbia was founded more than 20 years in a storm of heavy weapon :fire. civilian population, he said. Since the be­ before the Declaration ~ of Independence, and "The public-and I'm afraid some police­ ginning of the program, assaults on police­ our history spans ll}.Ore than the entire his­ men-take the television program at its face men have declined in every year, he added. tory of the nation. We trace our origins to 227~2 EXTENSIONS OF REMARKS July 14, 1975 the reign of George II of England, when a petition for grades and for admission to pro­ ply scandalous that the United States, with newly established King's College conducted fessional schools is more deeply entrenched all its resources and all its needs, is unable its first classes in 1754 in the vestry room now than it was a decade ago. Why then did to find either the energy or the will to pro­ of Trinity Church, at the foot of Wall Street. our students turn so suddenly from rejection vide opportunities for professional training New York City was then a British colony to conformity? to our best students. We must correct such ruled by His Majesty's Governor, Sir Charles Perhaps students who came along in the distortions or face a revival of social unrest Hardy, and the founding of the College was 1970s saw earlier counterculture devotees who from frustrated students who feel that their assisted by a public lottery. How I wish we had turned to drugs in search of liberating society actively opposes them in realizing had access to such resources now. Think of experiences and were destroyed by their llb­ their destinies. The solution will require a what OTB could do for Columbia! eratlon. Perhaps a new generation of stu­ renewed national commitment providing new The first president, Dr. Samuel Johnson, dents discovered that many of those who construction and needed new resources for was the entire faculty of King's College, went off into communes, searching for the expanding our best graduate and profes­ and the enrollment totaled ten students. We humanity and strength which allegiance to sional schools. We cannot rely on the argu­ are told that this pious clergyman of the the land can give, had become disillusioned. ment that a declining college population in Church of England was an especially devout Farming is hard work and personal confiicts the 1980s and 1990s will eventually make figure. have a way of becoming superheated in any things right. Opportunities in the higher What a distance we have traveled from cloistered society. Perhaps the aura of Amer­ professions are now and will continue to be King's College and colonial New York to ican affi.uence has faded a bit. The country is curtailed by the small size and severely lim­ present-day Columbia on Morningside moving in bitter economic times, and this ited resources of our best graduate and pro­ Heights where a somewhat less devout 16th harsh reality may have had some effect in d.1s­ fessional schools. We can increase such op­ president, an Irish Catholic no less, seeks to pelllng earller romantic illusions of with­ portunities for professional training with continue what Reverend Dr. Johnson began. drawal from "the system." very little risk of overcommitting the nation. What a distance, indeed, we have come since Whatever the real reasons, the counter­ When many of our best young people find the spring of 1968 when Columbia was shaken culture and its philosophy of rejection are themselves unable to secure acceptance in to its foundations by an eruption of politi­ fading rapidly here a.t Columbia. OUr cam­ the professions of their choice, something is cally toned violence, a student strike and pus is much calmer tha.n it was seven yea.rs basically wrong with us, and we are obliged near chaos. Of course, in the perspective of ago. The change is so obvious that well-in­ to correct it. ? Columbia's two centuries of history, events tentioned people now often say to me that All this, if it comes about, will not help (._ here rarely seem entirely new. On a May night life at Columbia must be far pleasanter since today's graduates. They have been forced to in 1775, student revolutionaries stormed the we have cooled down and the students have grapple with a Darwinian educational envi­ ; gone back to their books. house of Columbia's second president, Myles ronment which we have failed thus far to > Cooper, intent on burning it down. The presi­ I suppose it may be a bit pleasanter, but I soften. Remarkably, they have not been de­ confess that I feel very uneasy about our moralized by any of it despite the fact that t dent fied in his nightshirt over a back fence ~ to a British ship in the harbor, never to be current situation because I do not believe so many of them received rough handling in seen again in the College. Perhaps in the long that we have ever dealt successfully with this year's admissions struggle. Compared history of man such manifestations of rage the problems that seem to have been at the with graduates of other universities Colum­ ! and frustration have never really changed. root of the counterculture. bia students have done very well in the ad­ I Events at Columbia in 1968 may not have American professional schools have blos­ missions competition for graduate and pro­ been fundamentally different from their an­ somed forth during the last five years as new fessional placement, but we have shared their f tecedents in 1775, but it is equally true that centers of excellence, stressing the best that anxieties and disappointments. Columbia in 1975 bears very little resem­ American higher education has been able to Members of the class of 1975, we did our ., blance to the campus I saw in 1968. Promi­ achieve. They have been Virtually buried In utmost to prepare you for the rigors of a ) nent then was the so-called counterculture, a an avalanche of hopeful applicants. harsh environment that neither you nor we student-led movement of extraordinary Despite all our heralded advancement, we especially admire. We sincerely believe that power and attractiveness. It had important find ourselves unable to provide adequate what you received here will bring you suc­ graduate and professional opportunities for cessfully to a life filled with accomplishment J symbols and a romantic philosophy. The lat­ even the upper half of the students turned ter rejected most forms of discipline as mani­ and satisfaction. May that realization and out by our best four year colleges. Students the memory of warm friendships formed here festations of an authoritarian social order, are trying earnestly to find satisfying careers seeking to mold young people for the benefit keep you close to us in the years to come. ? and a measure of personal security in ad­ Each year as you go, an important part of of a military oligarchy which was rejected as vanced professional training. The statistics at inhumane. Many students were motivated by Columbia goes with you. God bless you all J Columbia are awe-inspiring: 5,000 applicants and keep you safe. feelings of rejection, causing them to ques­ for 147 places in our medical school; 2,250 tion the educational, social and political applicants for 52 in dentistry; 5,000 appli­ ) channels in which organized society expected cants for 300 places In law; 900 applicants them to move. They turned instead to a for 135 places in journalism; 1,900 for 400 URBAN SUCCESS STORY i pastoral philosophy with great emphasis on places In bulsness. This experience ls being / agrarian values, primitive arts and oriental matched in first-rank institutions all around '. mysticism. They experimented with drugs, the country. HON. DONALD M. FRASER searching for transcendental experiences that The admissions omcers in our medical OF MINNESOTA would free them from the ugly taste of war schools tell me that the top 500 applicants IN THE HOUSE OF REPRESENTATIVES and violence in a world not of their making. <~ a.re practically indistinguishable from one an­ The movement and its philosophy seemed other on grounds of merit, and yet we are Monday, July 14, 1975 I to many of us to be a form of Dionysian be­ forced to reject 350 of them because we do I Mr. FRASER. Mr. Speaker, at the re­ ~ lief, expressing a unique modern revulsion not have the resources to train them. After cently concluded U.S. Conference of for America's devotion to technological prog­ a long regimen characterized by remarkable Mayors meetings in Boston, much of the I ress based upon educational credentials. academic success and accomplishment, these There was a surge of hostllity toward the ill-fated students are discovering themselves discussion and debate dealt with the I serious :financial problems facing many / university because of the latter's role in to be failures after all. I know of a case in­ ~ strengthening what the counterculture saw volving a top recent graduate of Columbia American cities. But not all the news '; as an inhumane technology by purveying its College, a Phi Beta Kappa, who failed to from Boston was bleak, as David Broder basic credentials. make it into 13 out of 14 of the law schools pointed out in his July 13 Washington I suppose the essential point of these re­ to which he had applied. That is the kind of Post column. marks is that the counterculture, once so competition our students face. Many of the participants in the Mayors prominent here, has largely disappeared in Unplanned extensions of higher education 1975. The dress styles and the verbalisms into adulthood and the ever-present risk of Conference, Broder told us, were part of have been picked up in artistic circles in ultimate failure seem to have been responsi­ a ''new generation,, of municipal leaders New York and California, but countercul­ ble for the development of the countercul­ who were making significant progress in tural rejection no longer seems to appeal to ture a decade a.go. Today we simply do not dealing with their cities' economic and college students. know what might l'esult from the absurdities social needs. One such member of the The philosophy seems in retrospect to have I have catalogued for you, but we do ac­ new generation, Minneapolis' Albert Hof­ been very wrong-headed, but even a skeptical knowledge that they are wrong. They are stede, explained how the Minnesota Leg­ critic was forced to admire the idealism of wrong for our students, and wrong for the islature had enacted legislation designed the movement. Why did it pass so suddenly nation. to reduce the property tax inequities be­ into decline? Certainly we have achieved no It is no credit to American education that tween the cities and the suburbs, and resolution of the deep problems posed by the so many of our best young people a.re now increasing rigor of education and the pro­ forced to take up residence in foreign coun­ how the Minneapolis-St. Paul metropoli­ longation of adolescence that modern forms tries in order to study medicine because no tan area had initiated local economic de­ of higher education seem to require. We have places are available In this country. The velopment programs to bridge part of not curtailed the burgeoning competition number of young Americans studying in for­ the gap left by the reduction in Federal tor academic credentials. If anything, com- eign medical schools exceeds 5,000. It is sim- expenditures for urban aid programs. 22723 \ July 14, 1975 EXTENSIONS OF REMARKS time, to reduce the property tax inequities he directs his notes within. The whistler What Al Hofstede had to say in Bos­ himself but half attends the noise he makes. ton was worth saying, according Bro­ between cities and suburbs. It underlines the to economic and social interdependence of the It is enough. He listens, and knows beyond der. metropolitan area, without penallzing the all evidence to the contrary that he is there. I would like to take this opportunity growth potentla.l of any of its parts. His presence cannot be den1ed. to insert the Broder column in the It was achieved by innovative state and Thus do tenors and tuba players alike take RECORD: looa.l officials who, unlike some of their con­ the deep breath, set the vocal cords just so, [From the Washington Post, July 13, 1975] temporaries, did not assume that they had and blast forth the good news of their exist­ ence. So, too, the child who climbs to the top URBAN SUCCESS STORY exhausted their remedies when they re­ turned empty-handed from a foraging trip of the slide, sits down, and makes ready to (By David S. Broder) t.o Washington. plummet. At the last moment he pauses, calls BosTON.-The whole purpose of the U.S. The story can be duplicated elsewhere: In out to his mother. "Watch me!" he cries. And Conference of Mayors' meeting here this week Peoria, where a un1versity medical school in her face he reads the success of his adver­ was t.o push the plea for emergency aid to project has been the key to a dramatic down­ tisement: here I am. \ recession-wracked cities. From beginning to town renewal effort. In Hoboken, N.J., where I myself do it by smoking. And let no med­ end, the message hammered in speeches, reha.billtation and home improvement loans dlesome man caution me against the extrava­ panels and press conferences was that New have been used to save existing neighbor­ gance, the injuriousness, of tobacco. I am York City's fiscal crisis is a foretaste of what hoods. In Berkeley, Calif., where an inten­ addicted in a way more fundamental than every city faces unless the federal govern­ sive program of building code enforcement any mere physiological craving. To deny me J ment opens its purse-strings again. not only halted the deterioration of a 47- my smoke is to extinguish me as utterly as What effect this propaganda blitz wlll block area., but reduced its crime rate from would death itself. It ls to butt me into cold have on Congress and the President remains the second-highest in the city to the sec­ a.shes. t.o be seen. But in a way, it's a shame that ond-lowest. In Pittsburgh, which has man­ Consider the act of smoking. It ls consti­ the entire four-day meeting was orchestrated aged to reduce both its city payrolls and its tuted, ls it not, of inhalation and exhalation. solely for the repetition of that single cry crime rate. And even in Gary, that one-time To draw deeply upon a cigarette, to fill the for help. symbol of approaohlng ruin, whose mayor, tracheobronchia.l tree with smoke, is to feed There's no doubt that some cities, like Richard G. H&tcher, now is convinced it has an empty space deep within, a space that. Detroit, really are "disaster areas," as they turned the corner to better days. twenty times a day cries out for appeasement. were called. And there's no doubt that the Many of these efforts would have been im­ As nature abhors a vacuum, so does that hordes of unemployed youths in the heart possible without federal funds and federal cavern yearn for repletion. Should it, by some of almost every city are a living reproach to programs. But none of them would have uphappy circumstance (you have run out of the smugness with which some Washingtcn worked without local leaders capable of rous­ cigarettes in the dead of night), remain officials proclaim that the "crisis of the city" ing city residents to save their own skins empty for too long a time, then the yearning is over. and wangling help from suburban and state becomes palpable. There is discomfort. The Targeted aid to those hardest-hit cities officials as well. hollowness becomes an ache. One may perish and groups has a legitimate part in an over­ The mayors do themselves a disservice of it. all economic recovery package. And the when they allow themselves t.o be portrayed I am not so vain, nor so uniquely neurotic, Muskie-Humphrey bill for "countercyclical" constantly as beggars at the federal trough. as to believe that I am alone in the world federal aid to cities with exceptionally high Some of them a.re also capable leaders, cop­ with such a. hungry hole, a pit in search of unemployment levels offers a logical way of ing with tough problems, and achieving a something to enclo.se. Nor will mere fresh air delivering it. fair degree of success. That's t.oo important suffice. For this interior sack is no mere But if the managers of the mayor's con­ a st.ory to cover up for propaganda purposes. biology, but an urbane bag for whom taste ference had not determined in advance on has been deliciously refined. It needs smoke. selling the dubious theme of approaching And smoke it shall have. Smoke is, after all, ruin for all cities, there was quite a ditferent little enough. Time was when a man could, story that could have been told. IN PRAISE OF SMOKING with the forthrightness of a chlld, enjoy a It is the story of successful innovation healthy expectoration, the passage of some and promising experiment by a new genera­ a.udiable :flatus, or the scra.1;ching of his per­ tion of municipal leaders. It is the story of HON. JOHN W. JENRETTE, JR. sonals. But civilization has come to mean the medium-sized cities, where growing num­ OF SOUTH CAROLINA the narrowing down of wha.t we a.re permit­ ted to do in public. Little Bo-peep has gone bers of Americans live, whose mayors have IN THE HOUSE OF REPRESENTATIVES found ways--often in cooperation with state a.wca.y, and in her place the Iron Malden of and suburban governments--t.o use existing Monday, July 14, 1975 Etiquette shepherds us toward good deport­ ment. federal programs to stimulate economic Mr. JENRETTE. Mr. Speaker, I would growth and deal with social problems. Smoking is good for the dumpish heart; like to insert in the CONGRESSIONAL REC­ lights up the gloomies, don't you know? Let It ls a story more hopeful than the New ORD an article from the June issue of the innumerable sad circumstances of hu­ York City saga. And, despite the efforts of Esquire magazine an article entitled "In miUaitions past, of stumbles ye.t to come, the stage-managers of this conference, it did crowd in upon me; then, out of the night begin to emerge here. Praise of Smoking," written by Dr. Rich­ ard Selzer, a physician: that covers me, I grope for tha.t thing with But you had to look to find it. Sen Hubert which to ta.m.pon the leak in my soul. All a.t IN PRAISE OF SMOKING H. Humphrey (D-Minn.) was put in the once there ls the scratch of a match. A spotlight for more than an hour on the final What some people will not do to assure pretty flame breaks. It swings to the touch. day of the meeting to roar about the Ford themselves that they exist! A woman dabs her Ignition! And there blows a. very mild wmd administration's alleged "bleeding" of the neck with perfume, then walks a.broad. In the from pe.md.ise. There a.re circuits in the cities. But the man who now occupies the sensible cloud of droplets about her, she has bra.in and lung that a.re triggered by: the Minneapolis mayor's chair, where Humphrey created an extension of her corporeal self, shifting of gases in the blood. So goes our began his political career 30 years ago, was and of her personality, too. With each inhala­ coughing: at the end of exhalation there is shunted off to the obscurity of an afternoon tion, that which she may have but vaguely a small but measurable rise in the level of panel session. suspected, her being, is most indisputably carbon dioxide. This 1s noted by the respira­ What 34-year-old Minneapolis Mayor Al­ confirmed. I am here, she snitfs happily. I am tory center of the brain. The order is issued bert Hofstede had to say was worth hearing. really here. to the lung: inhale. Oxygen ls taken in, the He outlined how the Minneapolis-St. Paul And whistlers. Even the air-hungriest asth­ carbon-dioxide level falls. In a moment it metropolitan area, with 135 communities in matic who has not the least idea where t.o w1l1 rise again. Now: exhale. The muscles of seven counties, "has initiated local economic place his pitch or tone, who plays blindman's explra..tion, those strips of meat between and development programs which have gone a buff with melodies no more intricate than overlying the ribs, are commanded to con­ long way in bridging the gap created by re­ Mary Had a Little Lamb, even such a one as tract. They close in upon the chest cage, ductions in federal expenditures" for some this wm walk the earth, Ups pursed to a fine compressing it. The leaves of the diaphria.gm of the old urban programs. aperture, an expression of distraction upon blllow upward, further encroaching upon Hofstede told of an innovative tax measure, his face as though he had just seen a vision. the lungs, which twin sponges are squeezed passed by the Minnesota legislature and now All the while from his feeble reed there issues t.owa.rd the trunk of the windpipe. approved by the court. It sends 40 per cent a toneless beeping, a sorry complaint. It does The larynx, too, assumes a posture, its of the additional property tax generated by not matter that the music he makes will not little muscles squeezing to hold open the any new commercial or industrial develop­ enter the living repertoire. No special color glottlc chink at the t.op of the trachea to let ment in the metropolitan area into a pool identifies it as baroque, flamenco, or twelve­ out the smoke. Aha ... and out it comes, which is shared by the entire area-includ­ tone; it is all of these and none of these. All now e. slow-blown wisp, now a fat cloud. J,t ing its center cities. about his head the whistler draws his helmet rises g,bout the face. That which was a mo­ This "fiscal disparities" is designed, over of sound. It is a private affair. Blowing out, ment before deep within pours t.o the out- 22724 EXTENSIONS OF REMARKS July 14, 1975 f of-doors, the soul come punctually visible. cessor-now assumed to be his brother or command. It would be foolhardy for Kim n See it diffuse, coiling fa.inter and fainter into his son-to take the reins of power. Sung to delay much longer, however, as he the general atmosphere. Here is proof---one It has always been the aim of the North probably will never have quite such a favor­ needs no more--you exist, are here, because Korean regime to see the peninsula unified able opportunity again. smoke, th.at gaseous testimony, is there. under its rule. This is s)mply to make a One is. This smoke is the ultimate assur­ statement of fact, and not an accusation, ance. for the North Koreans believe, as did the Here I a.m, I say to myself . . . and take North Vietnamese, that they have a "right" FISHING FOR TROUBLE: UNILAT­ another puff. It's me. to reunify the country by force. As long ago ERAL SOLUTIONS TO INTERNA­ as 1949, Kim II Sung wrote to the UN Secre­ tary-General Trygve Lie, that he reserved TIONAL PROBLEMS the right to use force to unify the country, TIME OF DECISION IN NORTH and in 1950 the North Koreans acted on this HON. GILBERT GUDE threat. KOREA Pyongyang's policy goal has never changed, OF MARYLAND { nor has it become an empty slogan. The IN THE HOUSE OF REPRESENTATIVES J North Korean tunnels lately discovered in the Monday, July 14, 1975 HON. PAUL SIMON DMZ are only the most recent evidence of OF Il..LINOIS North Korea's continued preparation for an­ Mr. GUDE. Mr. Speaker, I want to ~ IN THE HOUSE OF REPRESENTATIVES other war. The question is not whether North bring to the attention of my colleagues } Monday, July 14, 1975 Korea plans another war, but when. in the House the recent speech of Car­ Kim II Sung has never had a better time lyle E. Maw, Under Secretary of State Mr. SIMON. Mr. Speaker, recently an than the present to carry out his expansion for Security Assistance, before the Inter­ article appeared in the Wall Street Jour­ to the South. The American reaction would be severely restricted by adverse public opin­ national and Comparative Law Center, nal that I think has some significance. Southwestern Legal Foundation, Dallas, Dr. ion in the United States. China and the It was written by Joungwon Alex­ U.S.S.R. might be miffed, but would back Tex. Mr. Maw's remarks concern law of ander Kim, author of a book about up Kim's efforts rather than see his regime the sea issues and the general question Korea, who is associated with a New defeated. Since they would have to endorse of whether the United States should act York law firm. the myth that the South was the "aggressor,'' unilaterally in advance of any law of I do not claim to be an expert on North Korea's defense treaties with both the sea treaty. Mr. Maw's own answer is Korea, but his article gives a somewhat China and the U.S.S.R. would be invoked to protect North Korea from U.S. retaliation. "No," and he presents a compelling case, different perspective than anything else pointing out not only the ditliculties this I have read. I do not claim that his If the American response should be as limited as it was toward North Vietnam, North Korea would cause to our negotiating position viewpoint is correct, only that we dare would have very little to lose in proportion on law of the sea issues but also the not ignore someone who obviously has to the potential gain from any reckless ad­ counterproduce effects it would have on the background and the somewhat differ­ venturism. The utter devastation of the our own fishing industry. This latter ent perspective than that generally held. Korean war, when American forces swept point is often ignored by proponents of TIME OF DECISION IN NORTH KOREA through North Korea, would not be repeated. a unilateral extension of our territorial (By Joungwon Alexander Kim) With so Mttle to lose and so much to gain, Kim has no real incentive to wa.lt. waters or fishing zone. I hope that, be­ Pyongyang, not Peking, holds the key to Furthermore, Kim II Sung has one power­ fore any House consideration of the vari­ peace or war in the Korean Peninsula. The ful incentive to act now. At the present time, ous bills which provide for unilateral U.S. State Department's position is that the military and economic balance is in his action on any law of the sea issues, all North Korea will not attack the South be­ favor. Kim's air force is far stronger than cause China does not endorse another Korean Members will take the time to read Mr. that of the South. He has a powerful armory Maw's thoughtful comments. I include war. However, this implication of a puppet­ of contemporary weaponry, far outnumbering and-string relationship between Pyongyang the South in every category of heavy mili­ them in the RECORD at this point, edited and Peking is a gross misunderstanding of tary equipment, and unlike the South the slightly for brevity. the North Korean political situation. North North produces its own small-scale weapons. ADDRESS BY CARLYLE E. MAW, UNDER SECRE­ Korea is quite capable of taking the initia­ Although the South's economy has been TARY FOR SECURITY ASSISTANCE, BEFORE THB tive unilaterally, and China and the Soviet growing more rapidly than the North's the INTERNATIONAL AND COMPARATIVE LAW Union would have little alternative but to North started with a natural advantage and CENTER, SOUTHWESTERN LEGAL FOUNDATION, grudgingly back Pyongyang. had a 15-year head start in building a heavy DALLAS, TEX., JUNE 18, 1975 War in Korea is not in China's interest. industrial base, so the North stlll has greater FISHING FOR TROUBLE: UNil..ATERAL SOLUTIONS If it led, or threatened to lead, to the with­ industrial production than the South. TO INTERNATIONAL PROBLEMS drawal of the U.S. presence, it would almost This favorable balance, however, will cer­ certainly induce Japan to rearm and "go The energy crisis brought sharply home to tainly shift in the not too distant future. Americans the growing interdependence of nuclear"-a. possib111ty so feared by Peking The U.S.S.R. and China are not likely to that the communlzation of South Korea is nations-large and small, far and near. help keep North Korea's miUtary prepared­ There was a time when, within broad clearly not worth the risk. ness at a level which gives Kim such inde­ But Kim II Sung's perspective and incen­ limits, nations could act independently tives are vastly different from those of the pendence of movement, and North Korea's without too much concern for the effect on Chinese leadership. In the past, North Korea. armaments will rapidly become obsolete. others. But time and space no longer insu­ has shown itself quite willing to act in overt North Korea now faces serious economic late national actions. Today, events in re­ problems. The South will soon overtake it mote places have immediate impact at home, opposition to the wishes of both China and economically according to projections. When the Soviet Union when it was in its own and what we do here can have repercussions interest to do so. When iit comes to the issue the South can out-produce and out-buy the wheresoever. The nations of the world can no of unification, Kim's interests are clearly di­ North on the international weapons market, longer act without regard for others, and our vergent from those of his powerful allies­ its greater reserves of manpower will give problems can no longer be solved unllait­ and these interests are likely to be consid­ Seoul predominant strength. (The greater erally, be they energy, food, resources, en­ ered overriding ones in Pyongyang. manpower of the South, sometimes spoken of vironment or population. For the future The necessities of rule in North Korea re­ as an advantage now, is no great strength these and like problems must be faced and quire that the issue of national unification without equal equipment, as even guerrilla dealt with on an international basis. They be given priority. The myth of leadership on warfare rarely involves hand-to-hand are complex and difficult, and the challenges which Kim's powerful cult is built holds him combat.) are severe, but solutions are essential for the out as a national leader, yet Kim now gov­ Psychological factors are also of particular stability, prosperity, and indeed for the erns less than one-third of the Korean peo­ importance at this time. Northerners are suf­ survival of our world. ple. The entire justification of Kim's lead­ fering serious economic setbacks which can The oceans are a classic example of our ership rests on the thesis that he is the only be justified only by the external "threat." interdependence-since they both divide and one who can "liberate" the two-thirds of At the same time, the Southern government unite mankind. They cover 70 percent of the the Korean population who live on the has rarely had so little real popular support, earth's surface; they touch the shores of southern side of the DMZ. either at home or abroad. more than 100 nations and carry over 90 This myth is the major cornerstone on The North Korean regime may delay long percent of the world's trade. which Kim's power rests, and proof of it will enough to try to get the U.S. troops out of But the oceans are also a source of con­ be essential to the perpetuation of the re­ South Korea, or at least to try to induce fiict-and the potential for confiict is in­ gime when the time comes for Kim's sue- the UN to remove the mantle of the UN creasing. Let me give you a few examples: July 14, 1975 EXTENSIONS OF REMARKS 22725 In la.te January, Ecuador seized seven U.S. Unlike the territorial claims made later, our fisheries jurisdiction to 200 miles be con­ tuna. boa.ts fishing within its claimed 200- the principles of the Truman Proclamation sistent with international law? The Inter­ mlle territoria.l sea.. Ecuador confiscated the were immediately embraced by other states. national Court of Justice held last year that tuna catch worth $1 Y:i million and inflicted No state objected. Within 5 years, some ex­ Iceland's declaration of a 50-mile fisheries additional fines and losses of over $2 million. perts on international law believed that the zone was inconsistent with the legal rights of In Ma.rch, Brazil seized two U.S. shrimp concept of the continental shelf had become the United Kingdom and Germany. On the boa.ts for fishing within its claimed 200- part of customary international law on the other hand, as I have mentioned, there is an mile territorial sea. basis of consistent and uniform usage. emerging consensus within the Law of the On May 17, the U.S. Coast Guard seized Within 13 years, the principle was enshrined Sea Conference supporting a 200-mile a Polish trawler off the California coast for in the 1958 Geneva Convention on the Con­ economic zone which would, among other fishing within our 12-mile contiguous fish­ tinental Shelf. things, create the equivalent of a 200-mile ing zone and a few days later the Coast The first significant claims to expansive fisheries zone. If legislation were modeled Guard seized another Polish trawler on the territorial seas were made in 1947 by Chile on the Law of the Sea Conference, could it East Coast for mega.Uy ta.king lobster off our and Peru and then jointly by Chile, Ecuador, be defended on the ground that it was based continental shelf. and Peru in Santiago Declaration of 1952. on emerging international law? In November of la.st year, Deepsea. Ventures, These countries have no substantial con­ However, even if declaration of a 200-mile Inc., a U.S.-ba.sed consortium, filed with the tinental shelves, but their adjacent waters fisheries zone would be consistent with de­ Secretary of State, and in the foreign offices are perhaps the richest fishing grounds veloping international law, it might inspire of several other countries, notices of a min­ in the world In order to assert ex­ broader or more extensive claims by ing claim to a 60,000 square kilometer area clusive :fisheries jurisdiction, they pro­ others, including claims to control other of the Pacific, some 100 mlles southwest of claimed maritime jurisdiction over a 200- activities within the zone, such as navigation Baja California. The claim asserts that Deep­ mile coastal zone-which at least Ecuador and scientific research. sea Ventures has the exclusive right to interprets to include the right to control Would unilateral extension of our fisheries mine and sell all of the deposits of manga­ navigation. The United States and other jurisdiction be consistent with other im­ nese nodules resting on the ocean fioor within nations protested, and stm protest, this 197- portant United States foreign policy objec­ the claimed area. Incidentally, it is esti­ mile territorial extension. tives? Most of the bills currently pending mated that these nodules at the bottom of If every nation declared a 200-mile terri­ before Congress would permit the Admin­ the sea are sufficient to supply the world's torial sea, 35 percent of the oceans of the istration to negotiate agreements with other needs of manganese, copper, cobalt, and world would become national territory. As a nations-such as the Soviet Union and nickel for generations to come. result, there would basically be no free high Japan-to enable them to continue fishing As recently as last month at the con­ seas in the Mediterranean, the Caribbean and off our coasts-but at greatly reduced levels. clusion of the Geneva. session of the Law many other areas. They would require the Coast Guard to seize vessels fishing in violation of agreements or of the Sea Conference, spokesmen for some Technology of the developing countries reiterated their without agreements. position that the manganese nodules and The explosion of technology has combined If nations who fish off our coasts do not other resources of the deep sea.bed a.re the with nationalistic claims-putting increas­ acquiesce in our unilateral extension, what common property of mankind and cannot ing pressure on the use of ocean space : sort of confrontation will result? A seizure be exploited by any nation, but only by an supertankers now navigate in ~ongested under this legislatlon of a foreign vessel international author.tty for the benefit of channels; factory fishing vessels now trawl fishing for cod could arguably violate the all nations. waters which were once the exclusive do­ same article of the Geneva Convention on the These are only a few current examples of main of small coastal fishing boats; oil rigs High Seas--and the same principle of free­ ocean conflicts. But, of course, disputed now cluster in coastal waters that were for­ dom of the seas-that was violated by the claims to ocean space are not new: merly free for navigation; and areas of solid­ Cambodian Navy when it seized the The "lobster war" in 1962 was precipitated ified oil and trash have been reported in the Mayaguez. by French fieets catching langoustes on middle of the Atlantic. Deep sea mining ves­ In this connection, as lllustration of the Brazil's continental shelf. sels are now capable of dredging up man­ reality of the problem, I point out that the The recent "cod war" erupted when Bri­ ganese nodules from the deep ocean floor at Soviet fishing fleet is the largest and most tain insisted on her traditional fishing rights depths of 15,000 feet or more. modern in the world, is dependent mainly on in the face of Iceland's declaration of a 50- Law of the Sea Conference fisheries off the coasts of other nations and mile fishing zone. These problems and many others currently at present time accounts, annually, for one­ In the case of each of the arrests by the confront the United Nations Conference on third of all the fish taken off our coasts. Coast Guard, there was no dispute about the the Law of the Sea which recently concluded If our legislation is not generally accepted legality of our claim. an eight week session in Geneva. by other nations, consider the enforcement However, the other seizures I have men­ There is emerging consensus from the Law task : an extension to 200 miles would add to tioned are a direct result of confiicting of the Sea Conference on the principles of our fisheries jurisdiction an area two-thirds claims ·to ocean space. A proliferation of a. 12-mlle territorial sea, a 200-mile economic as large as the continent!l-1 U.S. and all its these claims can only lead to chaos and dis­ zone and unimpeded transit of the more possessions. order. Currently over 50 percent of the na­ than 100 international straits which connect Ideally the solutions should be reached on tions of the world claim a territorial sea of two parts of the high sees and would be a broadly acceptable multilateral basis. But between 4 and 12 miles and more than 40 overlapped by 12-mile territorial seas: Al­ such solutions take time and our fishermen percent claim 12 miles exactly. Another 12 though the progress of the Conference is say the fish will no longer be around to percent claim up to 200 miles-and many slow, the session just concluded in Geneva nations are now poised to announce a new did produce a single negotiating text which benefit from the solutions. round of unilateral c\a:ims. Confiicting will facilitate future negotiations. Recently, we have taken a number of ac­ tions to halt the over fishing by other na­ claims of this kind can be resolved only by Threats of Unilateral Actions a widely accepted treaty governing the Law tions off our coast pending agreement on a of the Sea. There are strong domestic pressures within law of the sea treaty. We are in the process A Bit of History a number of nations, including the United of renegotiating our existing bilateral fish­ • States, for unilateral solutions to the prob­ eries agreements with nations who fish off From the 17th century until relatively re­ lems before the Law of the Sea Conference. cently, the law governing the use of the seas U.S. coastal fishermen are faced with a de­ our coast to limit the amount of fish they was founded on a simple, single concept­ pletion of some fish stocks-which they at­ can take annually. The United States is freedom of the seas. This concept was lim­ tribute to overfishing by foreign vessels. They party to eleven bilateral and multilateral ited only by coastal state authority over a are demanding that the United States create fishing agreements limiting fishing off our narrow belt of territorial sea-usually three a 200-mile fisheries zone with strict regu­ coasts. We have also instituted new enforce­ miles. lations. ment guidelines to protect our continental The United States has been charged with The U.S. deep sea minirig industry wants shelf fisheries resources. Several of the seiz­ making the first real inroads on the free­ legislation which would grant them protect­ ures I referred to earlier are a result of these dom of the seas principle by the Truman new guidelines. Proclamation on the Continental Shelf in ed rights in areas of their choice to mine 1945. In that Proclamation, we claimed ex­ the manganese nodules on the ocean floor. THE ECUADOR CONNECTION clusive jurisdiction over the resources of Some environmentalists want legislation to Our 25-year fisheries dispute with the the shelf adjacent to our coasts. I must create a U.S. 200-mlle pollution control zone. Latin American countries is a good example point out, however, that the Proclamation Unilateral Fisheries Legislation of the diploma.tic tensions Which can de­ expressly stated that the waters above the Unilateral action to solve the problems of velop where a unilateral claim by one nation continental shelf were to remain high seas the oceans raises serious questions. Let me ls expressly rejected by another. In 1954, less ) and freedom of navigation was not to · be explore some of them briefly: than two years. after Chile, Ecuador and l. affected. First of all, would unilateral extension of Peru claimed 200-mlle maritime zones, Con- 22726 EXTENSIONS OF REMARKS July 14, 1975 gre.ss enacted ·the Flshermens Protective Act. Incidentlally, the prospect of 200-mlle despite many and serious obstacles. They That Act provides that owners of U.S. fish­ U.S. fisheries legislation raises some tick­ did it without any allusion to their mi­ ing vessels seized by foreign countries will lish questions with respect to sanctions nority or ethnic status and without the be reimbursed by the U .s. Treasury for their legislation. What should we do with these fines, fees and direct charges paid to the sanction provisions 1f the U.S. enacts 200- crutch of government intervention. foreign nation to secure release of the vessel, mile legislation? Should the U.S. continue to Mr. Tomas Acuna, recently passed plus 50 percent of gross income lost as a elimlnate or reduce foreign assistance to away in San Antonio, was one of these. result of time spent in the foreign por.t. countries seizing U.S. vessels within 200 miles Successful and contributing greatly to at the same time tha.t we are selzlng foreign As a result, U.S. tuna and shrimp fisher­ vessels for simllar offenses? On the other the progress and economic wellbeing of men have continued to fish within the hand, if we repeal the sa.nctions legislation, the community he passed on this year on claimed ·territorial waters of Chlle, Ecuador wlll we be undercutting the claims of our Mayl. and Peru knowing that any losses as a result tuna fishermen who wish to follow the tuna I wish to express the condolences of all of seizure would be reimbursed by the U .s. wherever they may be? Some drafts of the ' my Treasury. Ecuador permits fishing within lts 200-mile fisheries legislation would exclude constituents of the 20th District of claimed 200-mile territorial sea under cer­ tuna from our 200-mile claim and would Texas to Mrs. Acuna and all his sur­ tain conditions 1f fishermen buy licenses. continue automatic sanctions against for­ viving family. Since the Ftshermens Protective Act reim­ eign countries seizing our tuna boats within Mr. Speaker, I place into the RECORD burses fishermen for licenses they are forced their 200-mile zone. the following newspaper articles about to buy after seizure--but does not reimburse Perhaps we should also consider what kind of sanctions we can expect from other na­ Mr.Acuna: them for licenses voluntarily bought in ad­ PROMINENT MExlCAN-AMERICANS vance-the U.S. fishermen have not been tions whose vessels might be seized by the U.S. Coast Guard for fishing within our (By Veronica Salazar) ln any hurry to obtain licenses. claimed 200-mile fishing zone--1! we make Although the Act may have succeeded in such a claim. Endowed with a natural musical talent protecting our juridical position in opposi­ Conclusion and a wlll to serve San Antonio ln many ac­ tivities, including social and civic endeavors, tion to a 200-mlle terntorlal sea, it has cer­ I have referred to the Latin American tainly falled to discourage the seizure of u .s. problems at some length to emphasize that Don Tomas Acuna came to the Ala.mo City fishing vessels. Since its enactment, Ecuador unilateral action may provoke nationalistic as a young man. alone has seized over 100 U.S. tuna vessels. rea.ctions--at home and abroad-that can His vocation for music prompted him to Since 1970, seizures have resulted in claims escalate disputes and reduce the opportunity establish one of the first musical instru­ against the U.S. Treasury of over $7 million. for diplomatic solutions. ment firms in West San Antonio. Eventually The Act may have been a boon to our tuna The effectiveness of our international he expanded his musical instrument enter­ and shrimp fishermen, but by encouraging machinery for arriving at multilateral diplo­ prise to include furniture, and today he them to fish without licenses, it has evoked matic solutions is currently being ques­ owns and operates two stores. a nationalistic response from the Latin tioned. In its 30th anniversary year-with its Acuna ls highly respected by the Spantsh­ American countries, provoked seizures, and original membership inflated from 50 speaking community for his contribution to generally exacerbated a delicate diplomatic to some 140--the United Nations has reached the culture of the people of Mexican descent, situation. a turning point. In one direction lies the and his service is often sought by social and It is an interesting footnote to our prac­ prospect of a new capacity to resolve the civic groups in constructive endeavors. tice under this legislation that the U.S. orig­ central issues facing mankind in the coming Tomas Acuna. was born on Dec. 21, 1887 1n inally regarded any seizure beyond three decades. In the other, lies decline in the ef­ Monterrey, Mexico, to Simon Acuna and San­ miles as illegal and, therefore, ,., ellgible for fectiveness of the United Nations system. tlaga Reyes. reimbursement. Since our declarition in 1966 The problems of the oceans present the His most important accomplishment ls his of a contiguous fishing zone out to 12 miles United Nations, and every member nation, success as a businessman "with the coopera­ only seizures beyond that distance have bee~ with an enormous opportunity-an oppor­ tion of several members of his family as well eligible for reimbursement. If the Congress tunity to fashion an orderly and mutually as his manager and other employes" enacts 200-mile fisheries legislation, it ts con­ acceptable future for two-thirds of the achieved Without more school education than ceivable that U.S. fishing vessels seized with­ earth's surface. that of elementary and without any commer­ in 200 miles of the Latin American coa.St Furthermore, success at the Law of the Sea cial training. Conference would be an important break­ wm no longer be ellgible for reimbursement Acuna - never went past the first grade at all--a paradoxical result that 200-mile through for multilateral diplomacy. It would be a clear demonstration that nations are since he was able to attend school only 20 legislation designed to protect U.S. coastal days out of the year. "It must be noticed that fishermen may undermine the position of our .capable of working together to compromise differences and to create new and vital in­ during my adolescence and teenage years distant water fishermen. the transportation facilities were almost nu Congress has enacted other legislation in stitutions to deal with issues of common concern. If the nations of the world can and neither the parents, the teachers nor reaction to the tuna seizures which has fur­ municipal authorities did anything to en­ ther complicated the conduct of foreign agree on common rules for the use of ocean space, there ls indeed hope that those na­ force the chlldren's attendance to the relations. schools," Acuna said. For example, the so-called Pelly Amend­ tions can also resolve the intense political issues of the decades to come. Acuna added, "At any rate, I was never ment to the Foreign Military Sales Act re­ idle, and, thanks to the Lord, due to my llfe quires that all foreign military sales, credits experience and my strong determln&tion, it and guaranties automatically be cut off for has been rather easy for me to learn as much one year to any country seizing U.S. fishing as possible to the present day. I have always vessels more than 12 miles from its coast. DON TOMAS ACUNA, CIVIC LEADER been a deep thinker 1n everything motivatecl The cut-off can be waived only if the Presi­ by my ever present objective of being better dent determines it ls important to the se­ than thought of by the persons who know curity of the United States. As Secretary me." Kissinger said recently In a speech In Hous­ ton: HON. HENRY B. GONZALEZ Even though he is 85 years old, he still en­ "Automatic sanctions (of this kind) allow OF TEXAS joys working 1n his Store No. 2. ''I feel essen­ no tactical flexibility; they present other IN THE HOUSE OF REPRESENTATIVES tially proud to be able to sit 1n front of a typewriter and form the llnotype lines for governments with a public ultimatum: by Monday, July 14, 1975 seeming to challenge the recipient's sover­ the pages of the Acuna General Music Cata­ eignty, they harden positions, encumber di­ Mr. GONZALEZ. Mr. Speaker. we hear log published every year and which consists plomacy and poison the entire relation­ and read so much today about "minority of 80 pages," says Acuna. He also prepares several musical supple­ ship ...". business and enterprise," and we are Latin American nations have made lt clear ments which he distributes with his catalog aware of the great investments being all over the United States, including music to us on numerous occasions that they will not negotla.te when such sanctions a.re tn made to foster and stimulate this type for piano, school books, novels, dicttonaries, effect. It ls clear that sanctions of this kind of enterprise that we should note the ac­ phonograph records, all in Spanish. He began complishments of the pioneers in this en­ a Mall Order Department which has been engender a nationalistic reaction and great­ ( ly reduce the opportunities !or diploma.tic deavor that succeeded at a time when operating since 1928. solutions. conditions were harsh and difficult and Acuna has been recipient of several honors >•. July 14, 1975 EXTENSIONS OF REMARKS 22727 and awards. He received a. trophy from the true reflection of the unemployment sit­ In Detroit, where the unemployment rate Lone Star Brewing Co. through the Mexican uation in this country. is 13.9 per cent and 269,000 persons are out Chamber of Commerce in 1957. The Con­ In measuring unemployment, is the of work, there are 140 unfilled openings this cordia Club elected him "Father of the Year.. Government counting only those individ­ week for security guards, a.long with 100 job in 1961, and he was honored with a plaque uals who truly cannot find work, or is it openings for salesmen. on his birthday in 1966. The Consulate Gen­ including those who refuse t.o accept The best category of cities across the eral of Mexico together with the Mexican country appears to be state capita.ls. In cities work that is available? where government is a major local industry, Chamber of Commerce honored him with a Perhaps we should also count and de­ diploma in recognition of his cooperation unemployment generally is running less termine the t.otal number of jobs avail­ than 6 per cent. during the Sept. 16 festivities. able in this country, in addition t.o the The Mexican Patriotic Committee of San Austin has the lowest unemployment rate, number of unemployed. 4.5 per cent, in the country for a major city, Antonio honored him with a trophy for his and also shares in Texas' oil prosperity. show window decoration in hls No. 2 Acuna To illustrate my point, I commend t.o Richmond is buoyed by fairly stable employ­ Furniture and Music, Inc. in connection with my colleagues an article that appeared in the July 7 edition of the New Orleans ment in the tobacco industry and in other Sept. 16 festivities. fields. Its unemployment rate ls 4.7 per cent. Acuna is an honorary member of Club States-Item, entitled "Many Jobs Go Social Concordia as well as a member of the Begging." It should be noted that the League of United Latin American Citizens, source of the article is the New York Pan American Optimist Club, Mexlcan­ Times Service. The article follows: A BUSINESSMAN'S BRIEFING ON American Friendship Committee, El Patro­ [From the States-Item, New Orleans, Mon- H.R. 7014 nato and both the Mexican and Greater San day, July 7, 1975] Antonio Chambers of Commerce. MANY JOBS Go BEGGING He feels the Mexican-American has HON. ANDREW YOUNG Los ANGELEs.-Help Wanted. Tool and die OF GEORGIA "emerged from nothing to become a very makers needed in Peoria, m. Licensed voca­ powerful factor in the commercial, social, tional nurses wanted in Phoenix, Ariz. Secu­ IN THE HOUSE OF REPRESENTATIVES civic and political sectors. There is no doubt rity guards wanted in Detroit. Engineers, Monday, July 14, 1975 that this population mass is destined to play draftsmen, machinists, and accountants a most important role in the future of this wanted in Houston. Welders, coal miners, Mr. YOUNG of Georgia. Mr. Speaker, great country." and short order cooks needed in Pittsburgh. as the House considers H.R. 7014 tomor­ Acuna is married to the former Maria de In a curious paradox of this country's row, a rational legislative approach to Jesus Abramo, and he has six children, worst employment market since the 1930s, the very pressing area of energy policy, ranging in age from 54 to 18. thousands of jobs are going begging around there are three questions that must be the nation. NOTED WEST SIDE MERCHANT DIES While unemployment nationally is run­ asked: What does it do for conservation, (By Frank Trejo) ning at 9.2 per cent, employers in many cities what does it do for increased production, Tomas Acuna, one of San Antonio's lead­ say they are finding it impossible to fill some and most especially, what does it do for ing West Side businessmen and long-time jobs. For the most part, they are jobs that re­ the economy? furniture dealer, died Thursday morning. quire special skills, or jobs that require few This letter that I am inserting into the Acuna, who helped found the Mexican skills but offer little status. RECORD today was sent to me by the Air Chamber of Commerce in 1928, was also in­ For job hunters, the brightest spots in the Transport Association. It was prepared strumental in publishing the first Spanish nation are Texas and Oklahoma, where the by the association as a briefing for busi­ music catalog wich circulated in Southwest petroleum industry is prospering. But there are also relatively good prospects in a variety nessmen on H.R. 7014. The letter answers Texas. these questions, and does it well: Acuna, who was 87, led many campaigns of other cities, including Richmond, Va.; to better the living conditions of people liv­ Peoria and Madison, Wis.; Jackson, Miss. and A BUSINESSMAN'S BRIEFING ON H.R. 7014 ing in West San Antonio. Sioux Falls, S.D. The House of Representatives will soon The violin-playing furniture dealer also "Even with this high unemployment, there begin floor consideration of H.R. 7014-the was a member of LULAC Council No. 2. are still many, many jobs to be found," said commerce Committee's Energy conservation Acuna and members of the Mexican Cham­ John Calderas, who heads the State Employ­ and Development Act. H.R. 7014 would im­ ber of Commerce made several goodwill trips ment Development Department in southern mediately stab1llze most domestic crude on to Mexico during his tenure as president of California. His views were echoed by em­ prices at the $7 .50 level originally suggested the business group. ployers and manpower officials interviewed in by the Federal Energy Administration He was also involved in many socia.l club 12 other cities. (FEA) in its massive Project Independence activities and often donated much of his time In southern California, the unemployment study. The blll would also provide for an to projects helping the West Side youth. rate ls 10.2 per cent. But at the state's additional $1 per barrel price incentive for Funeral services are pending at Angelus Harbor Employment Office in Long Bea.ch, costly production, a phasing out of "old oil" Funeral Home. there 30 openings for secretaries with salaries controls to establish a single pricing system, ranging to $860 a month; 40 openings for and inflation adjustment for crude oil cooks, up to $1,000 monthly; 37 openings prices after 1980. H.R. 7014 couples this price for security guards, $2.10 to $3.10 per hour; stabilization incentive strategy with a series MANY JOBS GO BEGGING 70 openings for machinists and mechanics up of conservation measures aimed at stimu­ to $7.50 an hour. In addition, there are scores lating more energy-efficient automobiles and of other jobs for clerical workers, retail clerks, capital investment. ! HON. DAVID C. TREEN domestics, vocational nurses, waitresses and The availability and cost of energy are OF LOUISIANA beauticians. critical to the nation's economy. The Ameri­ Dorthy Graves, manager of the Southwest can Petroleum Institute told us long ago IN THE HOUSE OF REPRESENTATIVES Pennsylvania Job Bank, said: that a nation which runs on oil cannot afford Monday, July 14, 1975 "Anybody who is hard up and needs a job to run out and its point was amply proved to eat can get work, even if they have no during the Arab oil embargo. The OPEC price Mr. TREEN. Mr. Speaker, there was a skills.'' explosion which accompanied the embargo great deal of public debate a few days "There are sales jobs of all kinds," she also highlighted the sensitivity of our econ­ ago over the accuracy of the