39512 CONGRESSIONAL RECORD - HOUSE , 1971 Beach to areas all over the world with which carried his troupe was struck by a Daytona Beach Jaycees. He enriched the the USO to entertain servicemen. Tur­ truck. He had stayed with the disabled lives of many people; he brought a fine key, , , , Germany, and bus because of the troupe's equipment. measure of lightness to the lives of many Okinawa are the names of just a few Daytona Beach will surely miss the thousands more; and finally he gave his countries where the troupe appeared­ abilities and civic spirit of Grady. Having life for a cause in which he deeply be­ often as volunteers, receiving only their acted as chairman of the March of Dimes lieved. I know Grady Williamson will live transportation and expenses. many times, he was awarded the Dis­ on and on in the hearts of all who knew Grady Williamson died when the bus tinguished Service Award in 1967 by the him.

HOUSE OF REPRESENTATIVES-Friday, November 5, 1971

The House met at 12 o'clock noon. PRIVILEGES OF THE HOUSE IN THE Mr. BOGGS. Mr. Speaker, I offer a The Chaplain, Rev. Edward G. Latch, MATTER OF OF privileged resolution and ask for its D.D., offered the following prayer: AMERICA V. JOHN DOWDY, ET AL. immediate consideration. The SPEAKER laid before the House The Clerk read the resolution as May the God of hope fill you with joy follows: and peace in your faith, that by the the following communication from the Clerk of the House: H. RES. 690 power of the Holy Spirit, your whole life Whereas in the case of the United States and outlook may be radiant with OFFICE OF THE CLERK, of America. against John Dowdy, et. al. U.S. HOUSE OF REPRESENTATIVES, (criminal action numbered 70-0123), pending hope.-Romans 15: 13. (Phillips) . , D.O., , 1971. Eternal God, our Father, we lift our in the United States District Court for the The Honorable the SPEAKER, District of Maryland, a subpena duces tecum hearts unto Thee in prayer for our coun­ U.S. House of Representatives. was issued by the said court and addressed try, for all who in State, church, and DEAR SIR: On this date, I have been served to W. Pat Jennings, Clerk of the House of school are shaping the future of our fair with a subpoena duces tecum that was is­ Representatives, directing him to appear as land and especially for this House of sued by the United States District Court for a witness before the said court at 9 :30 ante­ Representatives as it faces the trying the District of Maryland. This subpoena is meridian on the 8th da.y of November, 1971, tasks of this troubled time. Give to all in connection with the case of the United and to bring with him certain documents in these leaders courage, faith, and wisdom States of America. v. John Dowdy, et al. the possession and under the control of the The subpoena commands the Clerk of the House of Representatives: Therefore be it that the programs planned, the decisions House to appear in the said United States made, and the work done may be in ac­ Resolved, That by the privileges of this District Court for the District of Maryland, House no evidence of a documentary char­ cordance with Thy will for the good of Baltimore, Maryland on the 8th day of No­ acter under the control a.nd in the possession our . vember 1971 at 9:30 o'clock A.M., and re­ of the House of Representatives can, by the Grant unto us light for dark days, quests certain House records that a.re out­ mandate of process of the ordinary courts of strength for weak moments, rest for lined in the subpoena. itself, which is at­ justice, be taken from such control or pos­ tached hereto. session but by its permission; be it further weary hours, and a will to play our full The rules and practices of the House of part in the drama of this age. Through Representatives indicate that no official of Resolved, That when it appears by the it all may the benediction of Thy pres­ order of the court or of the judge thereof, or the House may, either voluntarily or in of any legal officer charged with the admin­ ence be upon us. obedience to a subpoena duces tecum, pro­ istration of the orders of such court or judge, In the spirit of the Master we pray. duce such papers without the consent of that documentary evidence in the possession Amen. the House being first obtained. It is further and under the control of the House is needful indicated that he may not supply copies of for use in any court of justice or before any certain of the documents and papers re­ judge or such legal officer, for the promotion quested without such consent. of justice, this House wlll take such action THE JOURNAL The subpoena. in question is herewith at­ thereon as will promote the ends of justice tached, a.nd the matter is presented for such consistently with the privileges and rights The SPEAKER. The Chair has exam­ action a.s the House in its wisdom may see of this House; be it further ined the Journal of the last day's pro­ flt to take. ceedings and announces to the House his Sincerely, Resolved, That W. Pat Jennings, Clerk of W. PAT JENNINGS, the House, or a.ny officer or employee in his approval thereof. office whom he may designate, be author­ Without objection, the Journal stands Olerk, U.S. House of Representatives. ized to appear at the place and before the approved. The SPEAKER. The Clerk will read court in the subpena duces tecum before­ Th':!re was no objection. the subpena. mentioned, but shall not take with him any The Clerk read as follows: paipers or documente on file in his office or under his control or in possession Of the Subpoena to Produce Document or Object. House of Representatives; be it further United States District Court for the Dis- Resolved, That when the said court deter­ MESSAGE FROM THE SENATE trict of Maryland. No. 70-0123---criminal mines upon the materiality and the relevancy docket. of -the papers and documents called for in A message from the Senate by Mr. United States of America v. the subpena duces tecum, then the said Arrington, one of its clerks, announced John Dowdy, et al. court, through any of its officers or agente, that the Senate had passed with amend­ To: Clerk, United States House of Rep­ be authorized to attend with all proper ments in which the concurrence of the resentatives, Washington, D.C. parties to the proceeding and then always House is requested, bills of the House of You a.re hereby commanded to a,ppear in at any place under the orders and control the following titles: the United States District Court for the of this House, and take copies of those re­ District of Maryland at Room 325, U.S. Post quested papers and documents which are H.R. 5060. An act to amend the Fish and Office Building, Calvert and Fayette Streets in possession or control of the said Clerk; Wildlife Act of 1956 to provide a criminal in the city of Baltimore, on the 8th day of and the Clerk is authorized to supply certi­ penalty for shooting at certain birds, fish, November, 1971 at 9:30 o'clock A.M. to testify fied copies of such documents or papers in and other animals from an aircraft. in the case of United States v. John Dowdy, his possession or control that the court has H.R. 11423. An act to extend the Federal et al. and bring with you all original roll call found to be material and relevant a.nd which Water Pollution Control Act until Janu­ records of the United States House of Rep­ the court or other proper officer thereof sha.11 ary 31, 1972. resentatives for September 27, 28, 29, a.nd 30, desire, so as, however, the possession a! said 1965. . documents and pa.per.s by the said Clerk shall The message also announced that the This subpoena is issued upon application not be disturbed, or the same shall not be Senate had passed bills of the following of the United States. removed f-rom. their place of file or custody titles, in which the concurrence of the October 26, 1971, John 0. Sa.kellaris, Asst. under the said Clerk; and be it further House is requested: U.S. Attorney, Stephen H. Sachs, Special Asst. Resolved, That as a respectful answer t.o U.S. Attorney, 325 U.S. Post Office Bldg., the subpenas duces tecum a. copy of these S. 1977. An a.ct to establish the Oregon Balto., Md. 21202, Area Code 801, 962-2043. resolutions be submitted to the said court. Dunes National Recreation Area in the State PAUL R. SCHLITZ, of Oregon, and for other purposes. Ole-rk. The resolution was agreed to. s. 2781. An a.ct to a.mend section 404(g) CHARLOTTE WILLIAMS, A motion to reconsider was laid on the of the Na.tiona.l Housing Act. Deputy Olerk. table. November 5, 1971 CONGRESSIONAL RECORD - HOUSE 39513 PERMISSION FOR COMMITTEE ON The SPEAKER. The Clerk will report The Clerk read the resolution as fol­ RULES TO Fn.E CERTAIN PRIV­ the resolution. lows: n.EGED REPORTS The Clerk read the resolution. H.RES. 597 Mr. BOLLING. Mr. Speaker, I ask Mr. GROSS. Mr. Speaker, will the gen­ Resolved, That, effective January 3, 1971, tleman from Missouri yield? the Committee on Ways and Means, acting unanimous consent that the Commitee as a whole or by subcommittee, is authorized on Rules may have until midnight to­ Mr. BOLLING. I yield to the gentle­ man from Iowa. to conduct full and complete studies and in­ night to file certain privileged reports. vestigations and make inquires within its The SPEAKER. Is there objection .to Mr. GROSS. Mr. Speaker, I would ask jurisdiction as set forth in clause 21 of rule the request of the gentleman from Mis­ the gentleman from Missouri if we might XI of the Rules of the House of Representa­ souri? have a brief explanation of this resolu­ tives. However, the committee shall not un­ There was no objection. tion. dertake any investigation of any subject Mr. BOLLING The gentleman from which ls being invesmgated for the same pur­ Missouri will say to the gentleman from pose by any other committee of the House. AUTHORIZING ADDITIONAL INVES­ Iowa that the situation is a most unusual SEC. 2. (a) For the purpose of ma.king such one. We are asking the House to pass a investigations and studies, the committee or TIGATIVE AUTHORITY TO THE any subcommittee thereof ls authorized to COMMITTEE ON INTERIOR AND resolution to provide and make possible sit and act, subject to clause 31 of rule XI INSULAR AFFAffiS for three members and one staff member of the Rules of the House of Representatives, Mr. BOLLING, from the Committee on of the Committee on Interior and Insular during the present Congress at such times Rules, reported the following privileged Affairs to receive their subsistence ex­ and places within or without the United penses, and so on, through counterpart States, whether the House ls meeting, has re­ resolution (H. Res. 676, Rept. No. 92- funds. cessed, or has adjourned and to hold such 613), which was referred to the House It is an unusual situation in that they hearings and require, by subpena or other­ Calendar and ordered to be printed: are already there in Spain. They were in­ wise, the attendance and testimony of such H. RES. 676 witnesses and the production of such books, vited by the Department of State to at­ records, correspondence, memorandums, Resolved, That, notwithstanding the pro­ tend this meeting. It was thought by the papers, and documents, as it deems neces­ visions of H. Res. 18, Ninety-second Congress, Committee on Interior and Insular Af­ sary. Subpenas may be issued over the signa­ the Committee on Interior and Insular Al.­ fairs that they would be able to use coun­ ture of the chairman of the committee or fairs ls authorized to send not more than any member designated by him and may be three members of such committee and not terpart funds, but it was discovered that they could not without the passage of this served by any person designated by such more than one staff assistant to attend the chairman or member. The chairman of the Fifteenth Session of the International Lead resolution. This is merely an attempt to committee, or any member designated by him, and Zinc Study Group in Malaga., Spain, dur­ save a few dollars by using counterpart may administer oaths to any witness. ing the period through 6, 1971. funds for the expenses of these three (b) Pursuant to clause 28 of rule XI of the Notwithstanding the provisions of H. Res. Members, and one staff member presently Rules of the House of Representatives, the 18 of the Ninety-second Congress, first ses­ in Spain. committee shall submit to the House, not sion, local currencies owned by the United They are going to be starting back not later than January 2, 1973, a report on the States shall be made available to the mem­ activities of that committee during the Con­ bers of the Committee on Interior and In­ too long after we get the resolution through. They will be coming back about gress ending at noon on January 3, 1973. sular Affairs of the House of Representatives SEC. 3. (a) Funds authorized are for ex­ and one staff assistant engaged in carrying . penses incurred in the commtitee's activities out their official duties pursuant to the Mr. GROSS. Is the gentleman from within the United States; however, local cur­ authority to travel outside the United States Missouri saying that there are no coun­ rencies owned by the United States shall be as set forth in this resolution. In addition terpart funds in Spain? made available to the Committee on Ways to any other condition that may be appllcable Mr. BOLLING. The gentleman from and Means of the House of Representatives with respect to the use of local currencies Missouri is saying that the Committee and employees engaged in carrying out their owned by the United States by the members on Interior and Insular Affairs and the official duties for the purposes of carrying out and the employee of the committee, the fol­ the committee's authority, as set forth in lowing conditions shall apply with respect State Department discovered that with­ this resolution, to travel outside the United to their use of such currencies: out this resolution counterpart funds States. In addition to any other condition ( 1) No member or employee of such com­ could not be used for the payment of that may be applicable with respect to the mittee shall receive or expend local currencies some or all of the expenses of this group. use of local currencies owned by the United for subsistence in any country at a rate in That is the reason that I say that we are States by members and employees of the com­ excess of the maximum per diem rate set in effect saving some American dollars mittee, the following conditions shall apply forth in section 502(b) of the Mutual Secu­ by this resolution. with respect to their use of such cu.rrencies: rity Act of 1954 (22 U.S.C. 1754). It requires a two-thirds vote to pass (1) No member or employee of such com­ (2) No member or employee of such com­ mittee shall recieve or expend local currencies mittee shall receive or expend an amount this resolution today because it was just for subsistence in any country at a rate in of local currencies for transportation in ex­ filed a moment ago. excess of the maximum per diem rate set cess of actual transportation costs. Mr. GROSS. Mr. Speaker, if it will save forth in section 502 (b) of the Mutual Secu­ (3) No appropriated funds shall be ex­ any money I am perfectly willing to let rity Act of 1954 (22 U.S.C. 1754). pended for the purpose of defraying expenses it go through on a majority vote, but I (2) No member or employee of such com­ of members of such committee or its em­ have my doubts about whether it will save mittee shall receive or expend an amount ployees in any country where local currencies any money. of local currencies for transportation in ex­ are available for this purpose. The SPEAKER. The question is, Will cess of actual transportation costs. (4) Each member or employee of such (3) No appropriated funds shall be ex­ committee shall make to the chairman of the House now consider House Resolution pended for the purpose of defraying expenses such committee an itemized report showing 676? of members of such committee or its em­ the number of days visited in each country The question was taken; and

1t is unfa.ir that they are being pena.lized for agreement of the major industrial nations not need as much aid--0r that we could not a deficit in the U.S. balance of payments to rely less on dollars, gold, and sterling as afford it. Indeed, developing countries may that they were in no way responsible for international reserves a.nd to find sub­ view it as a decision by the U.S. that poor bringing about. Fa.r better, they argue, for stitutes, such as the "Special Drawing countries should tighten their belts so that the U.S. to exempt the poor countries from Rights" (SDR's)--'the so-called "paper gold." U.S. consumers can buy more cars. Later an­ the surcharge. Such a position would also These SDR's,-which are merely bookkeeping nouncements make it clear the cut will not be consistent with the Administra,tion's entries that different nations agree to treat apply to Latin America and it is still not declaration of support for preferences---1.e., as "good as gold," a.re now being created by clear whether it will apply to security-re­ the proposed system of setting lower tariffs the international Monetary Fund (IMF) at lated aid. Thus the cuts may fall heavily on on the import of manufactured goods from the rate of about $3 billion per year. They technical and capital a.id to Asi,a and Africa developing countries. a.re used as international reserves held by a.nd on U.S. contributions to multilateral Whether these countries should be ex­ individual countries to settle their debts with agencies. Some believe the 10% cut in ex­ empted from our import surcharge depends one another. Some believe the rate of in­ penditures can be managed without disas­ largely on timing: if the surcharge is tem­ crease may have to expand to $5 billion or trous results by slowing certain progI1ams porary, as we maintain, there is no need for more per year as a. result of dethroning gold provided there is not a further cut in the al­ exemption. Indeed exemption, by making and the dollar. ready tight expenditure ceiling recently the surcharge more complex than the simple But how are the benefits of the SDR's­ handed out for next year. The more serious bargaining instrument that it now is, would this extra "gold"-to be shared? At present, damage of the aid cut in expenditures may be implying an expectation of quasi-per­ SDR's are given to IMF members in accord­ be to invite the Congress to make even deeper manence, tend to transform it from a tem­ ance with a. formula which gives nearly three cuts in appropriations needed to start new porary measure in pursuit of monetary re­ quarters of the total to the ten richest mem­ programs. Already there is talk that oppon­ forms to outright protectionism. The an­ bers. The rest of the world, far more populous ents of aid will use this to argue for cuts swer ls clear: don't exempt the developing and mostly poor, gets the balance. Needless of 30% or more in funding of multilateral countries, but rather remove the surcharge to say, these other countries were not repre­ and bilateria.J. programs. This would really quickly. sented in the making of the initial decisions. hurt development abroad and would leave Of course, if the surcharge falls to bring Now, however, various plans have been put further behind the richest country in the about a reform of the monetary system--say, forward to introduce some greater equity into world, which already is lagging behind Eu­ within six months-it would become a seri­ the system, and to give the poor countries a. rope in sharing the burden of development. ous and unfair burden on the poor countries. greater share of the windfall from creating To make matters worse, the administra­ Then there would be a convincing case for SDR's. Some plans would give the poor tion surprisingly announced a delay in its exemption. countries all the windfall-for example, by willingness to untie aid. Last year the U.S. CHANGES IN EXCHANGE RATES MAY HELP THE making rich countries pay something for the had opened an initiative-which was well on LDC'S SDR's (instead of getting them free), with the road to success-for an agreement among the proceeds going to the developing world. aid-givers under which all would simulta­ The developing countries will also be af­ To say the lea.st, this would represent an neously untie their aid. At present American fected by changes that take place in the rates ethical improvement over the present sys­ and most other aid consists not of money of exchange between the dollar and the cur­ tem. These proposals are often discussed un­ which the recipient can spend where he can rencies of Europe and Japan. The OAS staff der the heading of "the link"-that is, as a get the best bargain, but rather of goods and study concluded that La.tin America would way of linking creation of SDR's to assistance services from the aid-giving country. Nearly probably not be better off as a result of ex­ for development. 100 % of U.S. bilateral aid is so "tied." Some change rate changes, and might be worse off. The subject of the link is opened up by the have estimated this cuts the vruue of the aid Its position vis-a-vis the U.S. would deterio­ growing awareness that a new reserve asset is by about 15% compared with a system of rate, primarily because of the surcharge, and needed----5uch as the SDBr-to supplement world-wide competitive procurement. Ob­ while it would gain foreign exchange in its and in part to substitute for existing assets. viously if the NEP makes U.S. goods more dealings with Europe and Japan, there would But the issue is complex. In the U.S. there is competitive it would be to our advantage to be an overall turning against Latin America considerable support for the link-both in untie all aid. Therefore the logical thing in terms of trade. This means the things Government and among outside experts. But would be for the U.S. to resume the initiative Latin America exports would bring less and there is little support for the link in Europe for untying. If such an agreement were the things she buys would cost more. The where there are fears that this would distort reached it would be a major boon to the reason for this is that Latin American cur­ the creation of SDR's from its primary pur­ poor countries. rencies would be devalued in relation to pose. I believe the Europeans are wrong, ·and EFFECTS ON PRIVATE INVESTMENT IN LDC'S European and Japanese currencies. that their fears are ill-founded. But those This may be too pessimistic a view. Not fears are so real that some monetary experts What will the NEP do to the flow of pri­ only Latin America but any poor country sympathetic to the link believe that pushing vate investment from the U.S., Europe a.nd which devalues with the dollar in relation to it at this time might actually kill the chances Japan to the developing countries? SUch in­ Europe and Japanese currencies stands to for monetary reform. vestment helps growth in the LDO's by pro­ benefit for these reasons: 1) since the prices So what should the LDC's do? On the one viding oopitaJ, technology, ready made mar­ of its goods fall in Europe and Japan it hand, it is clearly unfair that the use of kets a.nd entrepreneurial ability to LDC's should sell more there; 2) since the cost of SDR's should be continued and expanded often at a cost geared to the profitability of European and .Japanese imports go up in the under the present formula where the rich get the industry. There has been growing oppo­ U.S. this may open up opportunities for poor the lion's share and the poor get the leavings. sition in U.S. labor circles to U.S. invest­ countries to sell us light manufactures, espe­ But on the other if pushing the link prema­ ments abroad especially in labor intensive cially labor-intensive ones, at an advantage turely causes the Europeans to kill monetary industry. This reflects la.bor's concern a.bout over other rich countries whose labor costs reform everyone would be worse off. One may growtng unemployment in the U.S. The Au­ are higher. Thus, if that price advantage in­ well doubt whether, after August 15, the gust 15 initiative, if successful in reducing creases sales in the U.S., its position with the Europeans have any choice but to agree to ex­ unemployment, may reduce opposition to U.S. may improve rather than deteriorate. panding the use of SDR's. Hence the fear U.S. investment in LDC's. This is more likely if the surcharge is quickly they will kill the expansion may well be over­ In addition to hopefully relieving domestic lifted. Moreover, its position with the other drawn. U.S. anxieties a.bout investment a.brood, the rich countries should improve. Poor countries Once the immediate Job of monetary re­ NEP should help shift some investment from (especially in Africa) which continue to tie form is done, LDC's will be properly Justified Europe and Japan into LDC's who devalue their currency to the French franc or the in turning the pressure on for reform in the with the dolla.r. There may be some reloca­ British pound may be disadvantaged thereby distribution of the SDR windfall. This might tion of Japanese labor-intensive industry Into tn U.S. markets. For some of them, however, be done over the next two years, perhaps in Asian LDC's. Such a relocation from devel­ the U.S. market ts not very important. connection with the next round of negotia­ oped Europe tq less developed Mediterra.nea.n Some Asian countries, like Korea, may find tions on replenishment of IDA, the soft-loan countries is also a possibllity. it advantageous to devalue with the dollar or affiliate of the World Bank. The subject is also IF THE NEP SUCCEEDS at least to appreciate in relation to the dollar likely to come up at the next meeting of the less than the yen does. In this way, they will UN Conference on Trade a.nd Development. At the outset of this article I saiid the tone stand to gain in both markets by exporting Given enough pressure, it is unlikely the of the August 15 statement had a great, to Japan at lower costs and by partially sup­ world would long tolerate anything as bla­ though unintended, potential for ha.rm even planting Japanese exports to the U.S. tantly "rich man take all" as the present a.s its substance had great potential for good. system for distributing SDR's. By the same token, if the "valiant few" in THE MONETARY FUND'S "PAPER GOLD" Congress can avert that potential ha.rm, then These problems of the _trading relationship FOREIGN AID REDUCTIONS the August 15 policy can have enormous ben­ between the developing countries and the In addition to these matters of monetary efits far beyond its commercial, investment United States will be very important, and reform, the August 15 packl8.ge included a and monetary effects. By giving Americans a will figure signifl.cantly in their concern with 10% cut in U.S. aid. This was a measure in­ resounding success, particularly in our pock­ what happens next. But they will also keep spired more by its expected domestic appeal etbook, it may restore to us a sense of per­ a close w81tch on another major prospect to than by a reasoned case that the poor coun­ spective and confidence necessary if we are emerge from the Administration's New Eco­ tries had done something for which the cut to play a constructive role in the world. nomic Polley. This prospect is the likely was a fair and Just response----0r that they did For if we default and turn inward, it is November 5, 1971 CONGRESSIONAL RECORD - HOUSE 39525 hard to ima.gine who on this shrinking planet Second, we should eliminate the Sugar wage scales, the program prevents de­ would flll the moral vacuum. Act, which-like the Coffee Act-estab­ structive marketing practices that could If the New Economic Program succeeds in lishes quotas and artificially high prices. its primary objective, then it will also suc­ have an adverse impact on the economies ceed in helping LDC's. To succeed in its pri­ Thanks to the cartel created by the Sugar of these countries. Under the coffee pro­ mary objective would involve the :following: Act, the American consumer pays $600 gram, these countries receive a fair in­ 1. Less unemployment and inflation at million more for his annual supply of come and are able to expand their eco­ home; full employment in the U.S. would sugar than he would at world market nomic base. benefit LDC's more than any other fa.Cttor; prices. Because of the many benefits of this 2. Realigning exchange rates to favor the In addition to higher prices, the tax­ program to producers and consumers U.S. (and LDC's who remain pegged to the payer pays approximately $90 million dollar); alike, I strongly urge adoption of H.R. 3. Reforming the international monetary annually to support the sugar cartel. 8293. system to provide more flexibility and a new Third, and most immediately, Mr. The CHAffiMAN. The Chair recog­ mix of international reserves; Chairman, we must reject an extension nizes the gentleman from Arkansas (Mr. 4. Removing the surcharge in the very near of the Coffee Act, and repudiate this MILLS). future; and costly coffee cartel. Mr. MILLS of Arkansas. Mr. Chair­ 5. Avoiding protectionist, isolationist In total, if we could remove these spe­ man, I have no further requests for time. trends here at home. cial interests from the backs of the tax­ . The CHAIRMAN. The Chair recog­ If these things come to pass, the whole payer, we could save ttie American tax­ world can congratulate itself and the poor nizes the gentleman from Wisconsin

Most surely, however, farmers will find TABLE 6.-ACQUISITION AND ANNUAL STORAGE AND that after the so-called "reserve" has been 120 percent of INTEREST COSlS UNDER H.R. 1163 Average price received average price accumulated irt will ha.ng there . . . like an received ecoDJOmic sword of Damocles . . . for yea.rs Current Preceding preceding Feed grains Wheat to come as a threat to higher market prices. crop 5 years 5 years Maxi- Maxi- Under the terms of the bill, grain must mum mum be sold into the market at 120 percent of Crop year-Continued pur- pur- 1966 ______------the previous five-year market average. This 1967 ______$1. 02 $1. 01 1.21 Loan chase loan chase .99 1. 01 1. 21 rate price rate price mandate is further circumscribed by pos­ 1968 __ -- ___ ------. 95 1. 01 1.21 sible Presidential or Congressional actions.9 1969 __ ---- __ ------1. 07 1. 00 1. 21 Thus, it is more probable than possible 1970 (preliminary) __ 1.14 1. 01 1. 21 Acquisition costs : that in future years the surplus in this so­ 1971 (estimate) ____ _ • 95 1. 03 1.24 Quantity purchased called reserve wm be dumped onto the (million of bushels) ______100 100 100 100 market and destroy any chance grain pro­ Source: USDA/ASCS-GR Ocl 4, 1971. Purchase price (per ducers might have for better prices. bushel) ______$1.05 $1.17 $1.25 $1.37 We must note, of course, that an amend­ Cost per 100,000,000 TABLE 4.-BARLEY-SELECTED DATA RELATED TO H.R. 1163 bushels (millions)_ $105 $117 $125 $137 ment to cure this obvious defect was offered Cost of maximum in the Committee. This amendment would [Dollars per bushell) reserve (millions)_ 1 $937 1 $1, 044 2$375 2 $411 have insulated the reserve more thorough­ Annual interest costs ly from the market by setting the release imillions): Per 00,000,000 bushels price at 100 percent of parity. Unfortunate­ 120 percent of al 4 percent______Average price received average price $4 $5 $5 $5 ly and despite our support, it was rejected received Annual storage costs by th~ Committee by a 16-14 vote. Current Preceding preceding (millions): Per De­ crop 5 years 5 years 100,000,000 bushels The following tables prepared by the at 13 cents per partment of Agriculture show the current busheL __ __ ------$13 $13 $13 $13 and the five-year average price received and Interest and storage the prices at which grain could be dumped ------__ $0. 979 $0. 895 1. 07 costs (millions): Cr~~6~~~r~ Per 100,000,000 onto farm markets under H.R. 1163: 1962 ____ ------s- - • 915 • 893 1. 07 bushels ______1963 ____ ------• 897 .899 1. 08 $17 $18 $18 $18 1964 ______--- For maximum reserve_ 1152 161 2 54 254 TABLE 1.-WHEAT-SELECTED DATA RELATED TO RR. 1163 . 947 • 898 1.08 1965 ___ --- _--- _-- _ 1. 02 • 916 1.10 1966 ___ ------1. 05 • 952 1.14 [Dollars per bushel] 1 25,000,000 tons. 1967 _------1.00 • 966 1.16 1968 ____ ------_ • 91 . 983 1. 18 2300,000. OCO bushels. 120 percent of 1969 ____ ------.872 . 985 1.18 These figures, of course, reflect only the Average price received average price 1970 (preliminary) __ • 956 . 970 1.16 received 1971 (estimate) ____ _ . 85 • 958 1.15 additional acquisition co:.ts involved in the Current Preceding preceding bill. crop 5 years 5 years Source: USA/ASCS-GR, Oct. 4, 1971. The cost of storing and handling the ac­ cumulated surnlus would go on and on. At Crop year : $215 million a- year it would take only five 196L ______$1.83 $1. 83 2. 20 TABLE 5.-0ATS-SELECTED DATA RELATED TO H.R. 1163 years before the U.S. taxpayer has shelled 1962 __ -- _------2. 04 1. 80 2. 16 out over a billion dollars to grain warehouses. 1963 __ ------1. 85 1. 82 2. 18 [Dollars per bushel) 1964 __ -- ___ ------1. 37 1. 84 2. 21 In ten years the storage would exceed $2 1965 __ -- ___ ------= 1. 35 1.77 2. 12 billions. 1966 __ -- ___ ------1.63 1.69 2. 03 120 percent of Another instance where the public's gen­ 1967 __ -- _------== 1.39 1.65 1. 98 Average price received average price erosity would be further taxed is when the 1968 __ -- _------~~ 1.24 1. 52 1. 82 received 1969 __ -- ___ ------1. 24 1. 40 1. 68 Current Preceding preceding Seoretary "disposes" (i.e. gives away) the 1970 (preliminary) __ 1.34 1. 37 1.64 crop 5 years 5 years so-called reserve for (1) relieving distress in 1971 (estimate) ____ _ 1.30 1. 37 1.64 the United States and the Virgin Islands under certain circumstances, (2) civil de­ Crop year: 1961______Source: USDA/ASCS-GR Ocl 4, 1971. $0. 642 $0. 623 0. 75 fense activities, and (3) for the preserva­ 1962 __ ------__ --- .624 .614 • 74 tion of and maintenance of foundation herds 1963 ____ ------• 622 .618 . 74 of cattle, sheep, and goats, etc. In these in­ TABLE 2.-CORN-SELECTED DATA RELATED TO H.R. 1163 1964_ --- _-- ______• 631 .627 • 75 stances there would be no reimbursement to 1965 ___ --- __ ------.622 .624 • 75 [Dollars per bushel) 1966 _____ ------.665 .628 • 75 the U.S. Treasury .a 1967 ______.659 . 633 • 76 Thus, the three main elements of increased 1968 ______-- __ --_ .60 . 640 • 77 costs would be (1) higher acquisition costs, 120 percent of 1969 __ -- _------• 586 . 635 • 76 Average price received average price 1970 (preliminary) __ .628 . 626 • 75 (2) prolonged storage, and (3) disposition received 1971 (estimate) ____ _ • 57 .628 • 75 of inventory without compensation to the Current Preceding preceding government. crop 5 years 5 years Source: USDA/ASCS-GR Oct. 4, 1971. UNSOUND IN CONCEPTION The idea. of a "grain reserve" or an "ever Crop year: COST TO THE PUBLIC 1961______$1.10 $1.11 1.33 norIUal granary" has been around for cen­ 1962_ ------1.12 1.08 1. 30 If, as the advocates of this bill contend, turies. There is, of course, nothing wrong 1963 __ ------1.11 1. 08 1.30 it won't 00\St the taxpayers anything, then 1964 ____ ---- _- ---- 1.17 1. 08 1.30 with the public having a little extra grain 1965 ______------1.16 1. 10 1. 32 one might ask why do they want it. on hand in case of a shortage. 1966 __ ------1.24 1.13 1.36 The truth is that this bill, like nearly If indeed there is extra grain around, who 1967__ - _------1. 03 1.16 1. 39 every farm commodity b111, is going to cost should own it? 1968_ ------1. 08 1.14 1. 37 the taxpayer and cost him plenty. 1969 ______- -- -- 1.15 1.14 1.37 And how likely is it there will be an 1970 (preliminary) __ 1. 36 1.13 1.36 In its original report on H.R. 1163 the De­ actual shortage? 1971 (estimate) ____ _ 1. 00 1.17 1. 40 partment estimated the total cost of estab­ And are alternative sources of grain avail­ lishing a grain-soybean reserve to be from able? $1.5 billion to $1.7 billion in addition to Source: USDA/ASCS-GR Oct. 4, 1971. And what happens to market prices later storage payments of $250 million per year. when there is a large bumper crop with a The Committee amendment deletes soy­ reserve (i.e. surplus) already on hand? TABLE 3.-SORGHUM-SELECTED DATA Rl:LATED beans (a position we strongly support, in­ H.R. 1163 does not effectively answer any TO H.R. 1163 cidentally); thus the cost figures must be of these qustions because it proposes that revised. The following table prepared by the [Dollars per bushel! the Federal Government rather than farm­ Department of Agriculture estimates the ers or the private grain trade be the keeper costs for the bill as approved by the Com­ of the surplus. 120 percent of mittee. As can be seen, the total cost would It fails to recognize the fact that there is Average price received average price be $1.455 billion plus $215 million per year received no shortage of grain now or in the foreseeable Current Preceding preced in g in storage costs. future. crop 5 years 5 years This table also projects the estimated ad­ It ignores sources of grain both at home ditional cost that would be incurred by the asd overseas that would be available enactment of this bill over and above the In brief, it simply adds another price Cr~B6~~a_r~- ______$1. 01 $0. 96 1.15 cost that would be incurred under the pres­ depressant to farmers' market price picture. 1962_ ------1.02 • 94 1.13 ent program, As can be seen, the additional 1963 __ -- _------.977 • 95 1.14 cost for feed grains is estimated to be $107 UNSOUND L."'i EXECUTION 1964 _____ -- _-- _-- . 1. 05 • 94 1.13 Neither does it take into account changing 1. 00 • 98 1.18 million and for wheat $36 million, for a total 1965_ ------_ of $143 million. There would also be an extra. conditions. H.R. 1163 would base purchases $9 million in interest a.nd storage costs. 2 See sec. 4 of H.R. 1163. The table is as follows: a See sec. 4 of H.R. 1163. Novemb·er 5, 1971 CONGRESSIONAL RECORD -HOUSE 39543 and sales on a supply and demand situation OHIO RELIGIOUS LEADERS OPPOSE main basic for all generations. The specific that wa.s projected as of a. .specified date near WYLIE SCHOOL PRAYER AMEND­ ways of fostering and protecting these essen­ the beginning of the marketing year. The MENT tials vary from society to society and from demand for grains cannot be pinpointed at age to age. the beginning of the marketing year since (Mr. SEIBERLING asked and was HERITAGE many variables affect both supply and uti­ given permission to extend his remarks Included in the American heritage is a rec­ lization. Production estimates of the crops at this point in the RECORD and to in­ ognition that man and the nation live under later in the year would change the supply­ clude extraneous matter.) God. We hold that, while a practical level of use relationship and consequent stock Mr. SEIBERLING. Mr. Speaker, on civic righteousness may be achieved by men change. As a result, purchases might be re­ Without conscious reference to deity, man's quired to be made at a time when sound Monday, the House will be asked to vote on the so-called school prayer amend­ highest good is expressed by conscious com­ policy indicated that sales be made or vice mitment to divine purposes, and a nation versa. Thus, in some years we might find that ment, House Joint Resolution 191. The best prospers when its people practice such too much or too little was purchased. mail from my district, with the ex­ affirmation as " ... all men are created equal, Even operating under ideal circumstances, ception of form letters, is running 2 that they are endowed by their Creator and if too much grain was removed from the to 1 against adoption of the prayer certain inalienable rights, that among these market, the price would causa a decline in amendment. Some of the foremost reli­ are life, liberty and the pursuit of happiness". utilization. A decline in use in turn would gious leaders and groups in my district Such, happily, are the loyalties which compel bring a further increase in carryover and our nation today, as they have in the past. necessitate additional purchases. Addition­ and in the State of Ohio have sent com­ ally, the situation for a particular grain or munications to me opposing the amend­ CONSTITUTION group of grains could vary between regions. ment. I think some of these letters and As a fruit of this very heritage and these For example, an ample supply in the Pacific resolutions will be of interest to my col­ same loyalties, a religious pluralism has de­ Northwest could occur at the same time there leagues, and I insert them in the RECORD veloped. The Constitution denies to govern­ was a shortage in the Southeast. at this point: ment the right to interfere with the person's Furthermore, the Department's current THE COUNCn. OF CHURCHES exercise of his religion, provided he does not policies are moving toward an improvement OF GREATER AKRON, tread upon the rights of others. The Consti­ of grain marketing conditions. The extended Akron, Ohio, , 1971. tution prohibits making any religion an es­ or reseal loan program permits producers to Hon. JOHN F. SEIBERLING, tablished religion, showing no favoritism to store grain in periods following the year in MEMBER, one religion over another. It requires that which it was produced either on farms or in House of Representatives government must steer a difficult course of warehouses, with the storage charge paid by DEAR Sm: Approval of the "Prayer Amend­ benevolent neutrality. Government may not USDA. This program enables farmers to carry ment" (H.J. Res. 191) will create chaos. We discriminate against those who practice no grain from years of overproduction into years urge you to vote down this b111. religion. It must remain neutral in its ac­ when production is less than utilization. Over one year ago, the Council of Churches tions even though it carefully weighs these R.R. 1163 would disrupt this program and of Greater Akron (including Akron, Cuyahoga matters. It must foster a climate conducive would deprive producers of the opportunity Falls, Barberton and all of Summit County) to the free exercise of religion Without creat­ to make decisions on grain storage and the was asked to endorse the effort to seek re­ ing a climate which makes exercise of reli­ opportunity for storage income. Grain farm­ vision of the First Amendment of the U.S. gion incumbent upon any person. ers would lose control of grain that they sold Constitution. After a careful analysis of the CHURCH AND STATE to store under a reserve contract and would provisions of the First Amendment, and a be required to pay a much higher price un­ Both church and state, under God, serve further analysis of the Supreme Court deci­ genuine needs of human beings. In so doing, der the resale formula to buy stocks that sions during the past decade relating to were in reserve contracts than they presently they mutually affect one another. Neither "Religion and the Public Schools", the Coun­ should surrender its independence to the pay to redeem reseal loans. cil's Central Board and Assembly felt it could As pointed out earlier, this bill likely not, in good conscience, provide the endorse­ other, nor perform functions exclusively ap­ would not have the effect of raising farm ment. propriate to the other. They complement prices to the level of the government's pur­ each other as they address themselves to the Subsequently a position paper was de­ best interests and well-being of persons. They chase price. It might possibly bring some veloped and released to the constituency. It price increase, particularly in those years supported the present form of the First compromise each other, intensify community when increase in carryover was small. But Amendment and provided a cogent rationale divisiveness, create religious or political ani­ in years of large increase in stocks (as is the for doing so. mosities, and foster anti-government or anti­ case presently), little price effect would re­ The position paper also stressed the posi­ religious atmosphere, when either performs sult. Large stocks in CCC hands would act to tive alternatives for value education and a function exclusively appropriate to the depress prices even though an announced teaching "about" religion in the public other. resale policy existed. schools. Only one congregation out of 130 A flexible friendly cooperation to achieve Another important point made by the De­ adopted a dissenting resolution, to our what is agreed as being for a common good partment of Agriculture is that an offer to knowledge. has marked church-state relations in this buy might bring more than the required nation. This has been especially true in the amount specified in the bill. Thus, the prob­ ADDITIONAL ALTERNATIVES areas of education, welfare services, minis­ lem of rationing or allocating purchases could We understand that substitute resolution tries to persons in institutions and the arise. In addition, if prices were particularly is being drafted by Representative John F. armed forces. low in one area and purchases created a 8eiberling and others. We urge your most SCHOOLS AND RELIGION serious consideration of this alternative. It ls shortage in the market, this might necessi­ It is a distortion of the principle of neu­ tate shipments from other areas. Such move­ a very positive statement of clarification. Most major denominations have adopted trality of the state towards religion to insist ments would disrupt and stifle the livestock that public schools ignore the influence of and poultry industries. positions opposing the prayer amendment. The Akron Council includes fourteen denom­ religion upon culture and persons. Public A final point is that in the event and to schools no more should be agents for atheism, the extent that market prices are increased inational groupings. Our position does reflect "constituency godless secularism, scoffing irreligion or a a reduction in the wheat marketing certifi­ level" support. vague "religion in general" then they should cate and feed grains payments would result. Best wishes. be agents of a particular and sectarian faith. Thus, a program participant's income would The process of education ought to include be reduced while nonparticipants would get Sincerely yours, JAMES P. EBBERS. knowledge of major religious groups and their a "windfall." This could easily act to re­ emphases, the influence of religion upon the duce program participation in later years. [From Position Paper, Council of Churches lives of people, the contribution of religion And as program participation falls, produc­ of Greater Akron] to society, taught in history, literature and tion increases make even larger purchases special science at the level of the pupils A STATEMENT ON PRAYER IN PUBLIC SCHOOLS necessary. Conversely, if program partici­ comprehension. The objective of such in­ pation were to be maintained at desirable CHURCH-STATE ISSUE struction is understanding rather than com­ levels, the payment made for acreage set Numerous issues affecting church-state re­ mitment, a teaching ABOUT religion rather gram costs. lations, the place of religion in public life, than a teaching OF religion. SUMMARY and the recognition of deity by government, This blll is bad for grain farmers. a.re the arena of public debate. PRAYER AND SCRIPTURE IN SCHOOLS It is costly to taxpayers too. SCRIPTURE GUIDELINES Reading of Scripture and addressing deity It is ineffective. in prayer are forms of religious expression It should be rejected by the House. We recognize that Scripture gives only guidelines, not blueprints, for determining which devout persons cherish. As such, these Page Belcher; Charles M. Teague; William the relationship between church and state. practices are essentially ritualistic in nature. C. Wampler; George A. Goodling; Clarence The charge given the church to make dis­ What ls cherished as a ritualistic religious ex­ E. Miller; Robert B. Mathias; Wllmer D. Mi­ ciples of all men, the power given govern­ pression by devout persons becomes a breach zell; Paul Findley; J. Kenneth Robinson. ment to support good and curb evil, these re- of neutrality by the state and an encroach~ 39544 CONGRESSIONAL RECORD - HOUSE November 5, 1971 ment on the First Amendment when prac­ Ratified by the Assembly on September Whereu.s, we are vitally concerned to main­ ticed as religious ceremony with the public 27, 1971. tain religious liberty, without any infringe­ school program. Mr. Justice Black, rendering DISCUSSION RESOURCES ment by governmental regulation of any the majorit y opinion in the case of Engle v Resources which may be used in discuss­ form, as now provided without qualification Vit als ("The New York Regents' Prayer") de­ ing the issues of this statement: by the First Amendment to the Constitution; clares, "New York 1 as adopted a practice 1. S. Duber, "The Public School and Re­ Be it therefore resolved that we, the Ohio wholly in consistent w lth the Establishment ligion-The Legal Contex". (Public Library). Baptist Convention, assembled in formal ses­ Clause. Th ere can be no doubt that ... the 2. Abington v. Schempp (Nos. 142 and 119), sion on October 13-15, 1971, hereby record program of daily classroom invocation of Supreme Court of the United States ( 1953) . our opposition to H.J. Res. 191, and support God's blessings as prescribed in the Regents' 3. Engle v. Vitale (No. 370), Supreme our stand with the following reasons: Prayer ... is a religious activity". To facil­ Court of the United States (1962 ) . 1. We are sympathetic with the sincere itate, assign or stipulate these religious ex­ 4. "Religion and the Schools: From Prayer desire of many people to preserve the right ercises as integral parts of the public school to Public Aid"; National School Public Re­ of a.11 persons to engage in genuine prayer. program is to infringe on the distinctive be­ lations Assoc., 1201 16th Street N.W., Wash­ We deny, however, that any elected body or liefs of religious persons as well as on the ington D.C. 20035. ($4.00). governmental authority has the right to de­ rights of the irreligious. In the words of termine either the place or the content of James Madison, "it is proper to take alarm at THE Omo BAPTIST CONVENTION' prayer, as is implied in the proposed the first experiment on our liberties". Any Granville, Ohio, November 3, 1971. constitut ional nondenominational prayer breach of neut rality that is today a trickling Hon. JOHN F. SEIBERLING, amendment. stream may all too soon become a raging tor­ H ouse of Representati ves, 2. Moreover, we foresee that to authorize rent. An y form of religious practice opens the Washington, D .C. government by a constitutional amendment way for sectarian intrusion into an institu­ DEAR MR. SEIBERLING: This is a follow-up to intervene in the sacred privilege of prayer tion of public edu cation and offends minority to a telegram sent you today, a copy of which long enshrined in the character and tradi­ groups. In the end religion suffers and religi­ is enclosed. tion of our nat ion, is to make of government ous liberty in its fullness is threatened when Also enclosed is a copy of our two Reso­ a judge of theology and an administrator of government uses the power of its laws and the lutions dealing with this subject, as acted religious practice. public school program to engineer acts of upon at the annual sessions of The Ohio 3. We fear that, if such a proposed amend­ faith. Baptist Convention at the Arlington Memo­ ment should become a part of the Constitu­ More than a few teachers discretely and rial Baptist Church in Akron, October 15, tion of the United States, a new religion of quietly conduct some sort of devotional ex­ 1971. "nondenominationalism" would in a. measure ercise or meditational period in their class­ We would make it perfectly clear that The become esta.blished which could threaten the room. They may do this because of a. personal Ohio Baptist Convention is for prayer and integrity of both church and state. for retaining and strengthening the spiritual 4. The amendment CQll.lld enable govern­ persuasion that children should be exposed, ment to impose the limits of "nondenom­ if not to the moral and spiritual rearmament values of life. Our concern with this pro­ that religion supplies them, at least to these posed Amendment (H.J. Res. 191) is that inationa.lism" on religious practices in any aspects of our national religious heritage. while suggesting worthy goals, it does, in building that is built in whole or in part by fact, move us a giant step toward destroying public fund&-a school, a hospital, a day care They should be fully aware, however, that center, a nursing home, a. children's home­ functioning in their capacities as teacher the first Amendment to the Constitution of the United States. thereby nullifying the constitutional right they constitute an intrinsic part of a state of the free exercise of religion. agency. As such they are committed by our To enact such a law puts the government in the position of having to determine which 5. We affirm the right of school children Constitution to a position of neutrality, just or any other segment of the population to as is the state. As the Establishment Clause prayers are "lawful," which type of religious exercise is "nondenominational," and which engage voluntarily in their own prayers and the Free Exercise Clause of the First without government authorization or super­ Amendment are binding, thru the Fourteenth is not. It is our sincere desire that you vote vision. This right, we believe, is protected Amendment, upon the legislatures of the adequately by the First Amendment as it states, so are they binding upon the persons against this proposed Amendment because, in the long run, it wlll do more harm to the now stands: of teachers. Devotional exercises for the cul­ Article 1 Congress shall make no law re­ tivation and nurture of religious faith ought cause of religion than good. Sincerely yours, specting an establishment, or prohibiting the to be centered in the home and church, with free exercise thereof; . . . JOSEPH IRVINE CHAPMAN, the effects of the changed lives of devout per­ 6. Finally, it is our opinion that the pro­ sons penetrating into the schools and every Executive Minister. Enclosures: Telegram resolutions. posed amendment is offered in view of a mis­ other area of community life. Community interpretation of the so-called "prayer and agencies carry no responsibility for such TELEGRAM Bible reading" decisions of the Supreme religious nurture. Court in 1962 and 1963, which properly pro­ PROPOSED AMENDMENTS NIGHT LETTER, November 3, 1971. hibited government intrusion into the reli­ In so far as some proposed resolutions to To the Members of Congress. gious activity of school children. At no time amend the Constitution (Scott, S. 34; Flynt, From the Sta.te of Ohio. has the Supreme Court prohibited voluntary H.R. 73; Fulton, H. R. 83; Oarma.tz, H.R. 88, The Ohio Bapt1st Convention, represent­ prayer but has only ruled against govern­ to cite a. few of the many) a.re directed to the ing 110,000 members in 340 churches, on Oc­ mentally prescribed prayer and governmen­ purpose of validating references to God on tober 15, at their annual sessions in Akron, tally sponsored religious exercises. public occasions, in public ceremonies, proc­ voted a resolution in opposition to the so­ PRAYER IN PUBLIC PLACES lamations and documents, they are unneces­ ca.lled prayer amendment (H.J. Res. 191). sary. Neither the holdings nor chief opin­ That the Resolution concerning House We are for prayer and for retaining the Joint Resolution 191 adopted by this Con­ ions in the cases decided by the Supreme spiritual values of life but to pwt the gov­ Court support the view of that the Consti­ vention is interpreted to mean that the ernment in the position of monitoring or OBC is in favor of permitting any person or tution outlaws reference to God and to ex­ supervising prayer and to determine what persons the right to engage voluntarily in pression of belief and dependence upon Him, is an 1nterdenomln81tional or non-sectarian public or private prayer without govern­ whether it be in public schools or on var­ prayer creates more problems than it solves. mental authorization, supervision or inter­ ious public occasions. The Constitution as We urge you to vote against this proposed ference. the basic law of the land should not be amendment. amended except to achieve some great and JOSEPH IRVINE CHAPMAN, NORTHEAST LAKES COUNCIL, compelling public purpose or need. To say Executive Minister. that the Constitution requires the deletion, Cleveland, Ohio, , 1971. A RESOLUTION ON RELIGIOUS FREEDOM AND THE Congressman JOHN F. SEIBERLING, in public life, of all references to our religious NONDENOMINATIONAL PRAYER AMENDMENT heritage is to interpret it as manifesting hos­ House Office Building, Washington, D.C. tlllty to religion. This is categorically in­ (Sec. 1. Nothing contained in this Consti­ accurate and untrue. The Constitution as it tution shall abridge the right of persons law­ DEAR CONGRESSMAN SEIBERLING: I am deep­ stands, assures the free exercise of religion. fully assembled, in any public building which ly disturbed about the House of Representa­ The schools, the community, the govern- ls supported in whole or in part through the tives resolution number 191 which is popu­ larly referred to as the School Prayer Amend­ ment and the churches must see to it that expenditure of public funds, to participate in this freedom is fully respected. nondenominational prayer. H.J. Res. 191). ment. All the Jews in the Synagogues with Whereas, there is currently before the which I work in western New York, northern CONCLUDING COMMENDATION OF POSITION House of Representatives a proposal (H.J. Ohio aLd Michigan are deeply concerned We, the members of the Commission on Res. 191) to a.mend the Constitution of the about this threat to the Bill of Rights. Faith and Ecumenical Relations, commend United States so as to authorize participation We urge you to vote against this Amend­ this position to the Central Board of the in nondenominational prayer in any public ment and to permit each person to find his Council of Churches of Greater Akron, as building; and own religious outlet in his home, in his repressive of its position on the issue of Whereas, this proposal, by authorizing par­ Church or Synagogue. prayer in public schools. ticipation in nondenominational prayer, Please protect our Bill of Rights. Approved by the Central Board on July opens the door for government to determine S!ncerely, 22, 1971. what is acceptable prayer; and DAVID S. HACHEN, Rabbi. November 5, 1971 CONGRESSIONAL RECORD - HOUSE 39545 TELEGRAM the American Continental Army. His are wrong; let us be done with thinking onlJ AKRON, OHIO, September 21, 1971. statements to the press at the time made of what is wrong with our country and re­ JOHN SEIBERLING, the point that the people of the move­ member how much there is that is good and House of Representatives, right in America. ment were the "real" Americans because I don't think it is unchristian to be pa­ Washington, D.C. their activity was in keeping with the Religious groups throughout history have triotic. I am proud to be an American. I am come to the United States because of the spirit of the American Revolution. proud for what my country has accomplished, guarantee in the Bill of Rights-separation Dr. Chapman's message should be re­ is accomplishing and can accomplish in the of church an d state. Do not allow this most iterated over and over, and for this coming tomorrows. I am proud of the free­ basic human freedom to be abridged. reason I insert it in the RECORD at this doms we enjoy; I am proud of the oppor­ 1\/T_rs. HERBERT NEWMAN, point: tunities that confront us. I think it ls about ti.me all who feel this way say so. (Representing 200 women of Beth El Is PATRIOTISM UN-CHRISTIAN? Synagogue Sisterhood.) (By Dr. Joseph Irvine Chapman) THE EPISCOPAL CHURCH IN We are living in a time when it seems to THE BEGINNING OF THE END? THE DIOCESE OF OHIO, be the "in thing" to constantly belittle your (Mr. ASHBROOK asked and was given Cleveland, Ohio, November 1, 1971. country, to ferret out and magnify all of its Hon. JOHN F. SEIBERLING, faults, to break into government offices and permission to extend his remarks at this House Office Building, destroy government documents, to disobey point in the RECORD and to include extra­ Washington, D.C. the laws of the land, and to "leak" stolen neous matter.) DEAR CONGRESSMAN SEIBERLING: I under­ documents to the press. Mr. ASHBROOK. Mr. Speaker, as far stand that within the next few days you will Not only have the above items-along back as 1963 the Wall Street Journal ex­ be called upon to express yourself on H.J. with others that might be named-become pressed grave concern about the useful­ Res. 191-the so-called School Prayer Amend­ more and more prevalent, but there has been increasing support for such actions by those ness of the United Nations in the world­ ment to the Bill of Rights. wide pursuit for world peace. Citing vari­ As the titular head of the Episcopal who have accepted ordination to the Chris­ Church in northern Ohio it is my judgment tian ministry. There are some religious lead­ ous examples at that time the Journal that enactment of this amendment would ers whose "stock in trade" seems to be the editorial labeled the world body a "Forum be a great mistake. destruction of American democracy and the for Hypocrisy." The more recent travesty Obviously, I believe in prayer, advocate American way of life as we know it. in which Red China was admitted to the prayer, and feel that prayer is essential to a To be perfectly clear and to avoid any U.N. and the Taiwanese government ex­ vital religious life. But for instruments of possible misunderstanding, let me state very pelled could sound the death knell for government to sponsor prayer, even if it be clearly and emphatically that I believe the that organization as a meaningful and "nondenominational prayer," would be Christian's first loyalty and responsib111ty is wrong. to God. Furthermore, I believe that there are useful instrument in the world com­ The official policy-making body of our times and circumstances when the Christian munity. Episcopal Church nationally has taken this has to make a willful choice between the I insert at this point the Wall Street view, as have the policy-making bodies or demands of t,he State and the demands of Journal editorial of July 26, 1963 en- most major denominations. God. When and if such circumstances arise, titled "Forum for Hypocrisy": ' we must first of all be true to God and His You would do the cause of religion no serv­ FORUM FOR HYPOCRISY ice by voting for this measure. I urge you to Word. assist in its defeat. However, the Christian who faces such Many of the things wrong with the United Ever sincerely yours, issues needs to be very careful that the Nations are capsuled in the demands of inde­ JOHN H. BURT. stance he takes is the will of God and not pendent African countries for strong action merely his own; that it is supported by against and South Africa. scripture; and that he has taken every pos­ The Security Council is currently enter­ IS PATRIOTISM UNCHRISTIAN? sible legal step to resolve the problem "be­ taining these arguments; the Africans would fore taking the law into bis own hands." really like to get the two nations expelled (Mr. ASHBROOK asked and was Furthermore, he must be willing to person­ from the UN but may settle for something given permission to extend his remarks ally accept the consequences of his actions. like economic sanctions. It is not necessary at this point in the RECORD and to in­ To disobey the laws of the land without a to defend Portuga.l's cruelties in its African clude extraneous matter.) clear-cut scriptual mandate is also a sin colonies or South Africa's policy of apart­ against God! heid 1.n order to see the revealing light th1s Mr. ASHBROOK. Mr. Speaker, the There seems to be some among us who for­ whole bus:ness sheds on the world organiza­ Washington Post of October 15, 1971 ran get that God's Word tells us plainly that tion. an interesting article by William Greider governments and secular rulers are set forth One part of it is that the UN has become entitled "Group Plans to Show Radical to rule as a part of God's plan for man. a forum for hypocrisy. There is always a cer­ Spirit of '76." The lead paragraph states: Jesus himself made clear that we are to ren­ tain amount of hypocrisy in diplomacy, we suppose, but the UN has elevated it to the A group of young New Left radicals has der unto Caesar the things that are Caesar's, even as we are to render unto God the things level of sanctity. surfaced with a new recipe for revolution­ Item: The attack on Portugal and South instead of burning American flags, they in­ that are God's. Since my conversion experience, I have Africa rests on the charge that their policies tend to wrap their cause in the stars-and­ are threatening international peace. Of all strips ,and the spirit of '76. been a citizen of two kingdoms: the kingdom of God and my own beloved country. the things they are doing, that certainly is In direct contrast to this radical As a citizen of the kingdom of my Lord not one of them, and everyone knows it. Yet and Savior, Christ has ha-0, and will always the Security Council; including the U.S., approach by a radical segment of our gravely agrees to listen to this nonsense. society, Dr. Joseph Irvine Chapman, have, my first loya.Ity. I promised to follow Him wheresoever he should lead me and Item: Nkrumah of Ghana sends the Coun­ executive minister and executive assist­ whatever the cost I want to be faithful to cil a message saying he will be satisfied with ant of the Ohio Baptist, the publication that promise, forever. nothi!lg less than immediate independence of the Ohio Baptist Convention, offers Yet, during these same years, I have been for Portugal's African colonies. Such talk the time-honored approach to desirable and am a citizen of the United States. The comes with poor grade from the Comm.unist­ corrective action which has been the land of my birth has valid and rightful lining dictator of a police-state; Ghana-style claims upon me. To disobey its laws, tear independence would hardly rate as an im­ trademark of this Nation since its provement for any colony. beginning. down its institutions, weaken its cause, bring shame and disrespect upon it or destroy its Naturally all this provides the Soviets with Dr. Chapman goes to the heart of a very foundations is wrong and, before God, wonderful opportunities for propaganda, and very thorny problem today, that is "con­ it is a sin. The only exception is where there the UN has certainly become a forum for science" versus patriotism. Dr. Elsberg, is a clear conflict between the law of God that, too. The Soviet representative could who heisted the Pentagon papers, has and the law of the land. hardly wait to applaud Nkrumah's senti­ stated that his conscience was clear and, I know some of the failures and mistakes ments, denounce Portugal and its allies (the of my country. I know the areas of its weak­ U.S.) and propose a worldwide boycott of in essence, that the good he served was Portugal. a higher good. The Berrigan brothers, nesses also. But I love my country, I am loyal to it, and I think all citizens should More serious are the implications of any from what I have read, would also fall love their country, be Joya.I to it and seek its UN action-indeed, even the present discus­ into this category. There appears, how- highest good. They should use every orderly sion of tt--aga.inst these countries. For wha.,t ever, to be a new wrinkle in New Left and legal means possible to improve it, to is proposed is simply meddling in nations' strengthen it, and to change it for the better. internal affairs, something the UN is not sup­ tactics; namely, that their behavior is posed to do and most emphatically should American patriotism of the highest Let us be done with disrespect for our in­ stitutions; let us be done with flag burning not be doing. In the case of South Africa. order. Jerry Rubin touched on this theme and those tactics that weaken and ultimately it's not even a question of colonies but when he appeared at congressional hear­ destroy the very freedoms that give us the strictly of policies within a sovereign nation. ings wearing the uniform of a soldier of opportunity to protest those things we think On that precedent, what is to prevent the 39546 CONGRESSIONAL RECORD - HOUSE November 5, 1971 UN from act ing against the U.S.? It could It would seem that, if the President is make a hole in one, at the age of 91 years easily seize the pretext that this country actually doing this, he has chosen a strange and 339 days. Then, on June 24 of this is not moving fast enough on desegregation way to go about it. After all, open trade with and hence, by UN logic, threatening the peace. mainland China in "non-strategic goods" year, Mr. Fast broke his own record by The answer is that there is nothing in the hardly fl.ts the Nixon foreign policy plan o:f making his second hole in one at the age world to prevent it. But such a possibility 1968. This, of course, is based on the realiza­ of 92 years and 1 75 days. does not seem to disturb the UN's American tion that when a nation trades with a to.tali­ His feats are certainly an inspiration fans, including the U.S. Government. tarian-aggressive government, there is vir· to those of us hackers who are apt to get These various anomalies stem from a cen· tually no such thing as a "non-strategic discouraged with our game from time to tral difficulty, which is also a form of hypoc­ good". time. risy or else of stunning naivete: The assump­ It is enough that the White House is carry­ I salute Mr. Fast. As a fellow golfer tion that a large collection of nations would ing on its friendship overtures to Peking, but and a fell ow Peorian, I am proud of him in fact work together in harmony to guar­ furthermore it is now about to sell-out our antee world peace. The inclusion of the allies on Formosa by virtually giving the Na­ and extend best wishes to him for many is alone enough to explode that tionalist Chinese seat in the U.N. to Red more years of golfing enjoyment. I in­ notion, but there are a good many other na­ China. Yessiree, folks, ol' Nixon's really clude a story appearing in the October tions as well which have no desire to get along standin' up to those reds. 30 edition of the Peoria Journal Star With each other or With us. On the domestic side we have witnessed a about Mr. Fast's accomplishments in the Because of this fundamental philosophical complete perversion of Nixon's alleged eco­ RECORD at this point: nomic conservatism. Last August 15, as we error, it is not surprising to see the peace FINALLY-RECOGNITION FOR RECORD organization waging war to suppress an inde­ know, he announced his price freeze (in­ pendence effort, as in Katanga, or aiding our cluding wages and salaries). Again we ask, In a story out of London last Wednesday, enemies, as in , or now talking of inter­ is this the Nixon of 1968? Unless he somehow the publishers of the Guiness Book of World fering in internal affairs. No amount of praise equates free enterprise and government con­ Records adm1tted they can't keep up wi,th of the UN can alter the fact that it is founded trol of the heart of the market economy, the the golf feats of Peorian Walter Fast. on a delusion. answer must be in the negative. When the 18th edition of the Outness book Those who are more realistic about the UN Other less publicized domestic programs was published last week, it noted that Fast, say that, for all its faults, it still has some now advocated by the executive branch of 1116 W. Nebraska, became the oldest man in diplomatic and other uses. Probably it does. government are national health insurance history to make a hole in one when at the But it is certainly not encouraging that im­ (merely a toned-down version of liberal age of 91 years and 339 days he scored an ace pression by lending itself to this witless exer­ democrat Ted Kennedy's plan), a form of on the 140-yard 13th at Madison. cise in the Security Council. And we think guaranteed annual income in the guise of Fast executed his hole in one Nov. 12, 1970, the U.S. Ambassador to the UN ought to call welfare "reform", and a revenue sharing plan while playing with Roy Kilby, Vince Strange­ that performance by its right name. more than slightly reminiscent of the Dem· land and his brother, Dr. Harry Fast of ocratic rhetoric in the Senate a time ago. Mackinaw, who is 92. As on e can plainly see by now, President Walter Fast plays golf twice a week and has Nixon has decided that the way to the salva­ never ridden a motorized cart in his life. A WORD TO THE WISE tion of the republic is the nationalization of Journal Star golf editor Jim Obert began a its economy and economic-political frat erni­ correspondence with the Guiness publishers (Mr. ASHBROOK asked and was given zation wit h its self-proclaimed enemies. It is that turned out to be one-sided. permission to extend his remarks at this for these reasons that most lee.ding conserva­ Obert supplied the name of Fast to point in the RECORD and to include ex­ tives (Wm. F. Buckley, Young Americans for Guiness, along with details of his hole in one traneous matter.) Freedom, etc.) have suspended their support and asked that it be recognized as a world Mr. ASHBROOK. Mr. Speaker, the of the same man they backed only three record. Weeks passed and no answer from October 23 issue of the Wittenberg years ago. London. Another letter. And no answer again. Torch, the student newspaper of Wit­ The significan ce of this lies in the fact that Meanwhile, Fast continued to play golf. tenberg University, Springfield, Ohio, with an ever-rising conservative trend in the On June 24 of this year, he was out again carried a column by Chuck Edgar which middle classes, Nixon is treading dangerous at Madison, his favorite course. He came to political wa ter. However, as yet the "Silent the 13th hole where he had made his original seems to me to be both straightforward Majority" types have not yet begun to exert bid for golf immortality. and a clear thinking presentation of a their strength to stop Nixon's leftward swing. He had used a driver the time before. This position which more and more youth Perhaps in the future they will, say, when time he pulled a three-iron from his bag. may well be assuming as we get into 1972. the President appoints William Kuntsler to The wind was with him. The ball on the club­ The theme of Mr. Edgar's column and the Supreme Court and tells the nation that face made a plinking sound as it flew toward others emanating from responsible youth he did so because he wanted a "strict con­ the green. It bounced a couple of times and are largely overlooked by the media struct ionist" on the court. went into the hole. which seems to find news value only in Fast had done it again! This time he was 92 years and 175 days old. the bombastic rhetoric of the youthful Obert sent another letter to London, in militants. FINALLY-RECOGNITION FOR which he informed the lexicographers of golf In insert the above-mentioned column RECORD memorabilia that if they were considering in the RECORD at this point: (Mr. MITCHEL asked and was given Fast's first hole in one as a record they WHERE Is MR. NIXON? might as well forget it. He had bettered him­ permission to extend his remarks at this self. (By Chuck Edgar) point in the RECORD and to include ex­ The Guiness people had already set the DEAR MR. NIXON: Is t here really a Repub­ traneous matter.) type for their la.test publication, which has lican in the White House? Mr. MICHEL. Mr. Speaker, although over 500 pages of information concerning Sincerely, the odds against making a hole-in-one "the spectacular feats of man and the won­ AMERICA. during a round of golf are something like ders of the universe." It is approximately 12 Y:z months from elec­ 1,500 or 2,000 to 1, I am happy to say Fast's second ace put the publishers in a. tion day, 1972, when the nation will once that I have been fortunate to have ac­ "bind." again go to the polls and choose who shall So Wednesday they released a short story lead the United States for four years. At this complished that feat a few years ago. to United Press International in London time t he leading (unannoun"ced) candidate It is exciting enough and quite unusual saying Fast is too fast for them. for the G.0.P. presidential nod is President for a person to make even one hole-in­ Wednesday night, Fast received a telephone Richard M. Nixon. But is t his the same man one during his goifing days but a con­ call from a television station in Boston. The who the Miami Republican convention of stituent of mine, Mr. Walter Fast, from caller wanted a taped interview. Local tele­ 1968 n ominated? This observer thinks not. my hometown of Peoria, Ill., has made vision stations also contacted him. The most pressing issue to those unfortu­ Now that he has received the approbation nates in the Wittenberg Class of '76 is the not one, but two aces-and Mr. Fast is only 92 years old. he deserves, Fast ought to skip the 13th hole draft. It seems that Nixon told the nation at Madison for a while. in his accept ance speech before the conven­ He waited until Novemoor 12, 1970, to tion t h at he would end conscription and make his first ace, on the 13th hole of operate the military on an all-volunteer basis. Nixon has been in office close to three the Madison Golf Course in Peoria. Jim Obert, golf editor for the Peoria Journal SENSIBLE COVERAGE OF NATIONAL years, but is Curtis Tarr looking for a new CONVENTIONS job right now? Enough said. Star wrote immediately after that to the we can also remember Mr. NiXon (circa famous Guiness Book of World Records Mr. MONAGAN asked and was given '68) telling us that the U.S. should stand­ in London, England, and when the 18th permission to extend his remarks at this up to the Asian communists and assert our international strength to protect our eastern edition of the Guiness book was pub­ point in the RECORD and to include ex­ allies from subversion and overt aggression lished last month, it noted that Mr. Fast traneous matter.) (remember the Pueblo?). became the oldest man in history to Mr. MONAGAN. Mr. Speaker, we have November 5, 1971 CONGRESSIONAL RECORD -HOUSE 39547 a sound working relationship with the TEN DEATHS A MONTH: Upon a review of these reports I find press here and in the other body. We are DRUG TOLL that in comparison with the first 5 able to conduct business in an orderly (Mr. MONAGAN asked and was given months of this year they show that: fashion and the press are able to meet permission to extend his remarks at this There were 9,070 visits to the outpatient their responsibility of reporting to the point in the RECORD and to include extra­ facilities of the military hospitals for public the activities which take place neous matter.) drug-related reasons during the first 5 here. This is possible only because cer­ Mr. MONAGAN. Mr. Speaker, the lib­ months of this year and 8,127 visits dur­ tain regulations have been established, eralized amnesty program for voluntary ing the next 3 months for a total of 17 .- limiting the access to the floor to Mem­ drug abuse treatment in the armed serv­ 197. Nearly 80 percent of those treated bers, while at the same time providing ices initiated by the Department of De­ and discharged from the military hospi­ adequate facilities for the media. fense in the spring has experienced some tals for drug abuse were between the ages I feel that all would suffer if this success. During the first 5 months of this of 18 and 21 for the first 5 months but Chamber were filled with television year only 612 servicemen were treated during the next 3 months of this year this cameras, photographers, reporters. and under the amnesty program while in the age group was reduced to 65 percent of technicians, zeroing in on conversations the total treated. and attempting to evaluate isolated dis­ succeeding 3 months 2,511 men partici­ One commissioned officer and no war­ cussions. Their goal would be a laudable pated. That is an increase of over 400 rant officers were reported as being and understandable one: they would percent for the latter period. These sta­ treated for drug abuse during the first merely be trying to find out what was tistics relate solely to servicemen in Viet­ 5-month period and only one commis­ happening and report it to the public. nam. sioned officer and two warrant officers But the result. I am sure, would be com­ During the first 5-month period of this were treated in the next 2 months. plete chaos, a perhaps innocent misinter­ year the deaths of 58 American service­ Since July the Department of Defense pretation of events. and a total loss of men in Vietnam were attributable to has taken some commendable actions in efficiency. drug-related causes and 36 deaths were an attempt to solve the drug problem in But such is the case at another repre­ drug related during the next 3 months. the military including the institution of sentative body; the national conventio:o.s. The total of 94 deaths means that there an amnesty program, review of all dis­ Here elected delegates must also try to has been an average of over 10 deaths a charges other than dishonorable, and the carry out their responsibilities in as effi­ month due to drug-related causes for this program of drug testing for those serv­ cient a manner as possible. But because year. icemen in Vietnam. But all these pro­ of the almost free access to the floor, it is Quite significantly there has been a grams are inadequate to cope with this not possible. lack of participation in drug-abuse treat­ complex problem. They do not go far I have made known my disappointment ment programs by members of the U.S. enough to be fully effective. The Nation over the fact that my own party has Marine Corps. For the first 8 months of must not evade its responsibility to those failed to establish regulations limiting this year only two Marines had been servicemen already caught in the web access to the floor at the conventions. An treated under the amnesty program. of drug addiction. We must take positive editorial in the October 30 issue of the There has been only minor participation action now to solve this ever increasing Bridgeport Post summarizes these feel­ by members of the Marine Corps in problem. ings very well. I draw it to the attention either military hospitals or outpatient The provisions of my bill, H.R. 8216, of my colleagues on both sides of the treatment for drug abuse. "The Armed Forces Drug Abuse Control aisle. These statistics are based upon actual Act of 1971", which I introduced on May The editorial follows: Vietnam hospital utilization reports-re­ 10 for the purpose of establishing drug SENSIBLE COVERAGE f erred to as MACV RCS: 6260-1-which abuse control organizations in the armed At t he risk of drawing upon ourselves the I have received for the months of June, services would render a viable solution wrath of a large segment of the electronic July and August from Brig. Gen. John to this situation. This bill would estab­ medium we support the proposal of Con­ K. Singlaub, Deputy for Drug and Alco­ lish a Drug Abuse Control Board in each gressman John S. Monagan of Waterbury to hol Abuse. On July 26, I reported what I branch of the service to oversee the drug bar television crews from the floor of the believed to be the first official Armed abuse control program for the purpose 1972 Democratic National Convention. Forces drug-abuse figures for the months of: First, preventing those not already Mr. Monagan spoke the truth with bis of January through May of 1971 based claim that "itinerant technicians and com­ addicted to dangerous drugs from begin­ mentators" have been involved in the cre­ upon these hospital reports. ning; second, rehabilitating those already ation of pseudo incidents. In order fully and accurately to com­ addicted, and third, through enforce­ Delegates to a national convention, prehend the extent of the military drug ment, eliminating the source of the drug whether it be Democratic or Republican, are problem, plan remedial action, and eval­ supply available to members of the mili­ entitled to the privilege of doing their job uate the effect of any remedical action tary. I have subsequently reintroduced without being harassed every so often by a which might be taken it is essential to fellow wandering about in an attire resem­ this bill on several occasions with the bi­ bling that of a Martian. have up-to-date and accurate statistics partisan support of over 50 cosponsors. During the 1968 Chicago convent ion a readily available. Despite the full co­ On July 26 I introduced H.R. 10080, few of the television newsmen did a far operation of General Singlaub there has establishing a Military Drug Abuse Re­ better job of spreading rumors than they been a constant delay of almost 2 view Board, in an effort to set up review did in reporting facts. Some print journalists months in the receipt of these statistics procedures for veterans of the Vietnam claim t he boom for Senator Edward M. Ken­ which are prepared by the commanders era who received a dishonorable dis­ nedy was propelled to a good degree by tele­ of U.S. military hospitals in Vietnam. charge for drug abuse reasons. The De­ vision personalities who engaged in making, This delay was present in July and there not reporting, news. partment of Defense has ordered the re ... It is totally unfair to shove a microphone has been no significant improvement. view of the cases of those servicemen who in front of a delegate and without warning Two months is an unconscionable delay have received undesirable discharges for throw a political bombshell in his face. Yet, in the compilation of these statistics drug abuse reasons. Although commend­ this is the procedure which is followed to even though they originate in Vietnam. able this action is not totally adequate. liven up the coverage. These military hospitalization reports The cases of those men who received dis­ Sure, every politician wants to have his contain a statistical breakdown by serv­ honorable discharges should also be ex­ image transmitted across the land. Why not set up interview studios in the hall where the ice of the number of patients discharged amined. An incident which could lead delegates and others could be questioned in from military hospitals-that is, Army, to an undesirable discharge in one branch a. dignified atmosphere, if they felt it ap­ Air Force, Navy and Marine Corps. the of the service might result in a dishonor­ propriate. number of men with less than 2 years of able discharge in another. The benefits Mr. Monagan simply wants the same rules service, race, rank. age, the number of to which a veteran is entitled should not applied to the convention of his party that deaths from drug-related causes, the be denied to some and granted to others govern the floor of the U.S. House of Repre­ number of outpatient visits, transfers of when they have all been discharged for sentatives and U.S. Senate. The leadership patients out of the country with drug­ similar activity. of the Democratic Party would do well to heed his suggestion. The Republicans would related diagnosis, type of drug abuse, I include the military hospital utiliza­ not harm themselves by playing copycat and admissions under the amnesty pro­ tion reports for the months of June, July either. gram. and August. as follows: 39548 CONGRESSIONAL RECORD - HOUSE November 5, 1971

HOSPITAL UTILIZATION REPORT (For use of this form, see MACV Directive 190-4) From: MACMD-PS. To: MACPM. Reports control symbol MACV RCS 6260-1. Period covered: August 1-31, 1971. SECTION A.-PERSONNEL DATA

Number of patients discharged Race Rank Age Under Commis- 2 years DOD Cauca- Warrant sioned Hospital USA USAF USN USMC service civilians sian Negro Other El/E5 E6/E9 officer officer 18-21 22-25 26-29 Over 30

3d Field______5 ------5 ------4 1 ------5 ------4 1 ------3d Surg______1 ------1 ------1 ------1 ------24th Evac______13 ------6 ------10 3 ------11 ------1 1 9 2 ------2 67th Evac______21 ------21 ------20 1 ------21 ------19 1 1 ------85th Evac______45 ------23 ------39 6 ------45 ------38 7 ------9lst Evac______4 ------4 ------2 2 ------4 ------3 1 ------95th Evac______15 ------9 1 10 6 ------15 ------9 5 1 1 Detox C CRB______1, 124 ------493 ------624 500 ------l, 118 6 ------644 290 179 11 Detox C LB______300 ------250 ------163 137 ------297 3 ------2G3 90 6 1 Organic Med ______------____ ·------______-··------______---- ______-- __ ------·------. ------Treatment Fae______295 ------217 ------·-- 237 58 ------295 ------223 70 TotaL______1, 823 ------1, 028 l, 110 714 ------·-- 1, 811 10 l, 152 467 189 16 377 USAF Disp______1 ------I ------1 ------1 ------315 USAF DisP------··---- 4 ------1 ------3 1 ------4 ------3 1 ------483 USAF Hosp______3 ------1 ------1 2 ------3 ------3 ------366 USAF Disp______10 7 ------6 ------13 4 ------·-- 17 ------14 3 ------·--

~~~~~~~~~~~~~~~~~-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ TotaL______10 15 ------8 ------18 7 ------25 ------·------21 4 ------Drug Rehab C______--- __ -- ______. ______------_- _- _- _- -- - -. -- - _------LSB Nha Be______11 1 10 ------9 3 ------12 ------10 2 ------Total______1, 833 15 11 1, 046 1, 137 724 ------1, 848 10 1 l, 183 473 189 16

SECTION B.-DEATHS RESULTING FROM DRUG ABUSE

Rank Number of deaths Race Comm is- Age DOD Cau- Warrant sioned Mortuary USA USAF USN USMC civ. Total casian Negro Other El-E5 E6-E9 otficer officer 18-21 22-25 26-29 Over 30

Tan Son NhuL______9 ------·------8 1 ------8 1 ------4 4 ------Da Nang______1 ------1 ------1 ------1 ------483d USAF Hosp______1 ------1 _-- -- ______------__ 1 ----__ --- ______----- __ ---- ____ ------__

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~- TotaL ______--- 11 ------____ ------____ ----_ 11 10 1 ------9 2 ------4 ------3

SECTION C.-DRUG ABUSE RELATED OUTPATIENT VISITS

USA USAF USN USMC DOD civ

Outpatient visits _____ ------______------____ ------____ ------______------__ _ 1, 997 56 ------

SECTION D.-TRANSFERS-TRANSFERS OF PATIENTS OUT OF COUNTRY WITH DRUG-RELATED DIAGNOSES

USA USAF USN USMC DOD civ.

Transfers to PACOM ______Transfers to CON US ______------______8 ------1, 478 135 73 ------

SECTION E.-TYPE OF DRUG ABUSE

Narcotics Dangerous Marihuana Addict Nonaddict drugs user user Other, user

USA ______.. ______. ______-· ______525 1, 301 6 _--- _------_ 11 USAF ______---- ___ ---- ______·-- _____ .• ______-· ______. ___ ·---______·-----_----- ______----_ 11 2 1 1 ------.. -- - USN ______. ______.. _...... _. __ __ _. _. ______. _. ______35 13 ______- _------USMC ______---- ______.------·- ___ . __ ... ______... ______------· ------______---- ______------__ ------1 - - . ------DOD civ __ ·---- __ ·-.. __ ·-·- ______. ______·- __ ...... ____ ---· -· -·--·---·--- _--· ---- __ ---- ____ -- __ ------·-. ------. I

SECTION F.-REHABILITATION EFFORTS

USA USAF USN USMC

Admissions under amnesty program ______------____ ---- __ ------____ -- ____ ------742 5!> 44 ------

SECTION G.-{iENERAL COMMENTS

Figures in section B are clinically suspected deaths pending autopsy results. Autopsy proven Contact for additional information: Herbert E. Straughn, Maj, USAF, MSC. Approving officer: deaths for have been finalized at 4. Autopsy proven drug deaths f_or June 197_1 _have David L. Fowler, MAJ, MSC, USA, Chief, Administrative Division. been finalized at 1. Autopsy proven drug deaths tor have been finalized at 2. Clinically suspected deaths for the month of August 1971 is 11. November 5, 1971 CONGRESSIONAL RECORD-HOUSE 39549

HOSPITAL UTILIZATION REPORT (For use of this form, see MACV Directive 190-4) From: MACMD-PS. To: MACPM. Reports control symbol MACV RCS 6260-1. Period covered: June 1-30, 1971. SECTION A.-PERSONNEL DATA

Number of patients discharged Race Rank Age Under Commis- 2 years DOD Cauca- Warrant sioned Hospital USA USAF USN USMC service civ. sian Negro Other El/ES E6/E9 officer officer 18-21 22-25 26-29 Over 30

3 Field______3 1 ------1 ------4 ------4 ------2 1 1 ------3 Surg______2 ------2 ------2 ------2 ------2 ------8 Field______4 ------2 ------3 1 ------4 ------4 ------1 1 !! f~!t:::::::::::::: g ::::::::::::::::::::::::::: ~ ::::::::: } ~ ------T l~ ------T:::::::::::::::::: ~ : :::::::::·------i 67 Evac______8 ------8 ------7 1 ------8 ------6 2 ------85 Evac______37 ------30 ------29 8 ------37 ------31 4 1 1 91 Evac______63 ------44 ------41 22 ------63 ------53 9 ------1 95 Evac______18 ------15 ------17 1 ------18 ------17 1 ------Detox Center...... 126 ------96 ------78 48 ------122 4 ------86 35 5 ------Org Med Treat Fae.•.... 461 10 ------397 ------373 91 7 469 2 ------361 107 2 1 Subtotal..______748 11 ------554 ------570 181 g 752 7 ------579 167 9 4 183 USAF H______10 37 3 ------37 ------42 8 ------50 ------34 15 1 ------317 USAF D••• ___ •••••• _••••• _•••••••. ____ ••••••••••••••••••••••••••••• _•• _••••• ___ • ___ • ____ • ___ •••••. _____ • __ .•••• _•• ___ • ___ •• _____ •• ____ • _. _. _•. _. __ •• ____ • _•• ----•• _. __ •• _•• 366 USAF O______15 17 ------12 ------21 11 ------32 ------23 8 1 ------35 USAF D------4 ------2 2 ------4 ------3 1 ------12 USAF D______1 3 ------3 ------2 2 ------4 ------2 2 ------6251 USAF D------4 ------3 1 ------4 ------4 ------Subtotal...... 26 65 52 ------70 24 ------94 ------66 26 2 ------Total...... 774 76 3 ------606 ------640 205 846 7 ------645 193 11 4

SECTION B.-DEATHS RESULTING FROM DRUG ABUSE

Rank Number of deaths Race Comm is- Age DOD Cau- Warrant sioned Hospital mortuary USA USAF USN USMC civ. Total casian Negro Other El-ES E6-E9 officer officer 18-21 22-25 26-29 Over 30

Tan Son NhuL.______9 ------9 7 2 ------8 1 ------3 ------· _ 2 Da Nang______2 ------2 2 ------2 ------1 ------~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~- TotaL______11 ------11 2 ------10 1 ------· ------4 -----. --- 2

SECTION C.-DRUG ABUSE RELATED OUTPATIENT VISITS

USA USAF USN USMC DOD Civ.

Outpatient visits ______._ •• _._ ••• __ •• __ ••.. ___ .• __ •• _. _____ •• ______• ___ . ___ ._. _____ .• __ •• ______._._._. 2, 929 254 4 ------

SECTION D.-TRANSFERS-TRANSFERS OF PATIENTS OUT OF COUNTRY WITH DRUG-RELATED DIAGNOSES

USA USAF USN USMC DOD civ.

Transfers to PACON. __ - •• ------•.•• ______.• ______------______------. ------___ • 8 2 ------Transfers to CON US •••• ______•• ------. ______•••.• ______------.• ____ _ 26 6 9 ------

SECTION E.-TYPE OF DRUG ABUSE

Narcotics Dangerous Marihuana Addict Nonaddict drugs user user Other, user

USA._ ••• _•••••••• _••••••••••••• __ ••• _••• _ •••••••••••••••••••••••••••••••••••••••• _. _••••• _••••••• _... •• • 509 242 6 _••••••••••• _. 13 USAF •• __ •••••••• _____ ••• __ ._ ••••• _: •••• _. __ ••••• _••• __ •••• _•• _••••••• _. ____ •••••• _•••• _•• _•••• __ • _...... 54 22 2 2 1 USN ••• _•• __ •••••••• __ ••••••••• __ •••••••••• _._ •••• ___ • __ •• ____ ._. ______• ______•• __ • __ •• _._ •• _•• __ ••• 2 • ___ •• ___ ••••••••••••••••• _•••••••••••••••••••••••• __ ••• USMC •• - • _. _. ----• _•• -••••••• --- •••••• ----. --.• - • ---- -• ------• ------DOD civ ••• _. __ ••••.• -- _•••••••••••• _••••• ___ ••••••• __ • ------. _•• .• ____ ------•• __ --• __ •••• ___ •• --••• _. _•••••••••••••••••• __ • __ ••• _.• _-- • _•• --••• _-- •••••••• _. _. --•• _••• __ •• ---

SECTION F.-REHABILITATION EFFORTS

USA USAF USN USMC Admissions under amnesty program. ______•• ------•.•• ______.------. ______• ______• ______------588 54 84 2

SECTION G.---OENERAL COMMENTS

1 First time report for this type of patient. The army organic medical treatment facility of 80 Contact for additional information: Herbert E. Straugh, MAJ, USAF, MSC, Statistician. Approving beds is part of a Brigade or Division size field unit. officer: David L. Fowler, MAJ, MSC, USA, Chief, Administrative Division. ;.._•3d Marine Amphibious Brigade final report due to standown.

CXVll--2488-Part 30 39550 CONGRESSIONAL RECORD - HOUSE November 5, 1971

HOSPITAL UTILIZATION REPORT (For use of this form, see MACY Directive 19D-4) From: MACMD-PS. To: MACPM. Reports control symbol MACY RCS 6260-1. Period covered: July 1-31, 1971. SECTION A.-PERSONNEL DATA

Number of patients discharged Race Rank Age Under Commis- 2 years DOD Cauca- Warrant sioned Hospital USA USAF USN USMC service civilians sian Negro Other El/E5 E6/E9 officer officer 18-21 22-25 26-29 Over 30

3 Field ______3 ------·------· 2 ------· 3 ------3 ------2 ------1 ------· 3 Surg______O ------O ______O ------O ------O ------8 Field______3 ------2 ------2 1 ------3 ------1 2 ------18Surg______31 ------26 ------26 5 ------31 ------26 4 1 ------24 Evac______9 ------5 ------4 5 ------9 ------6 3 ------~- 67 Evac______45 1 ------41 ------38 8 ------46 ------15 28 3 ------85 Evac______29 ------19 ------24 5 ------29 ------21 6 2 ------91 Evac______47 ------34 ------· 40 7 ------47 ------37 10 ------95 Evac______23 ------20 ------20 3 ------23 ------20 3 ------TreatOrg Med Center______••• ______813 ------______316______------______597______216______------______801 ______12 ------______------407 __249______152 5_ Treat Fae______452 2 ------436 ------337 104 ------448 5 1 ------358 88 6 2 Subtotal..______1, 456 3 ------811 ------1, 091 354 13 1, 440 17 1 ------893 393 165 j~~ 8~:~ ~------_3 ------8 ------• ------4 ------.------5 ------6 ------_11 ------__ 9 ------_2 ------=· 366 USAF O______15 7 ------1 8 ------17 6 ------23 ------15 8 ------315 USAF D------11 ------4 ------6 5 ------11 ------9 2 ------· 12 USAF 0 •• __ • __ ----- __ ----- _------• 6251 USAF o______1 ------1 ------1 ------1 ------______.., ______SubtotaL ______18 27 ------16 ------29 17 ------46 34 12 ------TotaL ______l, 473 30 ------827 ------l, 120 371 13 1,486 17 1 ------927 504 165

SECTION B-DEATHS RESULTING FROM DRUG ABUSE

Rank Number of deaths Race Comm is- Age DOD Cau- Warrant sioned Mortuary USA USAF USN USMC civ Total casian Negro Other El-E5 E6-E9 officer officer 18-21 22-25 26-29 Over 30

Tan Son NhuL ______12 • -- _------_-- _-- _------__ --- __ _ 12 10 2 ------12 ------7 4 1 ------Oa Nang ____ ------2 ------2 2 ------2 ------2 ------

SECTION C.-ORUG ABUSE RELATED OUT-PATIENT VISITS

USA USAF USN USMC DOD civ.

Outpatient visits ______• ___ -- ___ ------• -• ------· -· - --·. ------• ---- -• -- -- - • ------2, 641 145 ___ --______----- __ -- __ ------____ --_--

SECTION 0.-TRANSFERS-TRANSFERS OF PATIENTS OUT OF COUNTRY WITH DRUG RELATED DIAGNOSES

USA USAF USN USMC DOD civ.

Transfers to PACOM •• ______------______------______1 ------. ------Transfers to CON US. ______------____ ------______128 80 48 ------

SECTION E.-TYPE OF DRUG ABUSE

Narcotics Dangerous Marihuana Addict Nonaddict drugs user user Other, user

USA • ______• ----- ______---- ______----- _____ ---·-- ______------_ 595 849 5 __ ------____ ---- ______--·-· USAFUSN ______------__ ---- __ ------______• __ •---- ______------• _. _____ ------• ______• ______------• _. _ 1059 5815 • ______• _..2 ___ ------5 ______------· • USMC ______--- ______---- ______-- __ ----- ___ --- ___ ------__ ------______------______------______------______---· DOD civ •••. - __ ------·-·------

SECllON F.-REHABILITATION EFFORTS

USA USAF USN USMC

Admissions under amnesty program ______669 43 30 ------

SECl ION G.-GENERAL COMMENTS

Contact for Additional Information: Herbert E. Straughn, MAJ, USAF, MSC, Hit. Svs. Adminis­ trator. Approving officer: David L. Fowler, MAJ, MSC, USA, Chief, Administrative Division.

MATSUNAGA MAKES llTHHOURAP­ waii (Mr. MATSUNAGA) is recognized for accomplish some good as I feel today, PEAL TO HALT CANNIKIN 10 minutes. the day before the scheduled explosion of The SPEAKER. Under a previous or­ Mr. MATSUNAGA. Mr. Speaker, never a 5-megaton nuclear bomb at , der of the House, the gentleman from Ha- have I felt as frustrated in any effort to Alaska. It appears now that President November 5, 1971 CONGRESSIONAL RECORD-HOUSE 39551 Nixon will not heed the pleadings of mil­ Mr. HUNT, for 60 minutes, on Novem­ ADJOURNMENT lions of Americans and other peoples of ber 9. ,.Mr. RUNNELS. Mr. Speaker, I move the Pacific border ,to alter his orders to Mr. MILLER of Ohio, for 5 minutes, that the House do now adjourn. the Atomic Energy Commission to pro­ today, The motion was agreed to; accordingly ceed with the test. Mr. KEMP, for 5 minutes, today.

TITLE II-RESEARCH, DEVELOPMENT, "However, no member who has served on world forces in support of Vietnamese forces, TEST, AND EVALUATION active duty for one year or longer shall be (B) local forces in and Thailand; and SEC. 201. (a.) Funds are hereby authorized required to perform a period of active duty for related costs, during the fiscal year 1972 to be appropriated during the fiscal year 1972 for training if the first day of such period on such terms and conditions as the Secre­ for the use of the Armed Forces of the United falls during the last one hundred and twenty tary of Defense may determine. None of the States for research, development, test, and days of his required membership in the Ready funds appropriated to or for the use of the eva.lua.tion, as authorized by law, in amounts Reserve." Armed Forces of the United States may be as follows: (b) Section 502(a) of title 82, United used for the purpose of paying any overseas For the Army, $1,880,000,000; States Code, is amended by adding below allowance, per diem allowance, or any other For the Navy (including the Marine Corps), clause (2) thereof a new sentence as follows: addition to the regular base pay of any per­ $2,418,700.000 of which amount not more "However, no member of such unit who has son serving with the free world forces in than $4,492,000 may be used to carry out re­ served on active duty for one year or longer if the amount of such pay­ search and development in connection with shall be required to participate in such ment would be greater than the amount of the Navy's Project Sanguine, and of which training if the first day of such training special pay authorized to be paid, for an a.mount $150,000 shall be ava.ila.ble only for period falls during the last one hundred and equivalent period of service, to members of carrying out an environmental compatibility twenty days of his required membership in the Armed Forces of the United States (un­ program in connection with the Sanguine the National Guard." der section 310 of title 87, United States Code) serving in Vietnam or in any other project, and of which a.mount $300,000 shall TITLE IV-ANTI-BALLISTIC MISSILE be available only for biological and ecologi­ hostile fire area, except for continuation of CONSTRUCTION AUTHORIZATION; LIM­ payments of such. additions to regular base cal effects research in connection with the ITATIONS ON DEPLOYMENT Sanguine project; pay provided in agreements executed prior For the Air Force, $2,979,000,000; a.nd Sec. 401. (a) Military construction for the to July 1, 1970. Nothing in clause (A) of the For the Defense Agencies, $465,700,000. Safeguard anti-ballistic missile system is au­ first sentence of this paragraph shall be (b) Section 40 of Public La.w 1028, approved thorized for the Department of the Army as construed as authorizing the use of any such August 10, 1956 (70A Sta.t. 636; 31 U.S.C. follows: funds to support Vietnamese or other free 649c) is amended to read as follows: ( 1) Technical and supporting facillties world forces in actions designed to provide and acquisition of real estate inside the military support and assistance to the Gov­ "SEC. 40. Unless otherwise provided in the ernment of or Laos: Provided, That appropriation Act concerned, moneys appro­ United States, $98,500,000. (2) Military family housing, four hundred nothing contained in this section shall be priated to the Department of Defense (1) construed to prohibit support of actions re­ for the procurement of technical mlllta.ry and thirty units, $11,070,000: Malmstrom Safeguard site, Montana, two quired to insure the safe and orderly with­ equipment and supplies and the construction drawal or disengagement of United States of public works, including moneys appro­ hundred and fifteen units, Grand Forks Safeguard site, North Dakota, Forces from Southeast Asia, or to aid in the priated to the Department of the Navy for the release of Americans held as prisoners of procurement and construction of guided two hundred and fifteen units. missiles, remain available until spent, and (b) There are authorized to be appro­ war." (2) for research and development remain pria..ted for the purpose of this section not to SEc. 502. No part of the funds appropriated available for obligation for a period of two exceed $109,570,000, of which not more than pursuant to this Act may be used at any institution of higher learning if the Secretary successive fiscal years." $5,200,000 shall be available for community (c) None of the funds authorized to be impact assistance as authorized by section of Defense or his designee determines that appropriated by this Act may be used to 610 of Public Law 91-511. at the time of the expenditure of funds to carry out any research and development work (c) Authorization contained in this sec­ such institution recruiting personnel of any in connection with a deep underground sys­ tion (except subsection (b)) shall be subject of the Armed Forces of the United States are tem for the Sanguine project. to the authorizations and limitations of the being barred by the policy of such institution SEc. 202. There ls hereby authorized to be Military Oonstruction Authorization Act, from the premises of the institution except appropriated to the Department of Defense 1972, in the same manner as if such authori­ that this section shall not apply if the Sec­ during fiscal year 1972 for use as an emer­ zations had been included in that Act. retary of Defense or his designee determines gency fund for research, development, test, SEc. 402. Notwithstanding the repeal pro­ that the expenditure is a continuation or a and evaluation or procurement or production vision of section 605(b) of the Act of Octo­ renewal of a previous grant to such institu­ related thereto, $50,000,000. ber 26, 1970, Public Law 91-511 (84 Stat. tion which ls likely to make a significant contribution to the defense effort. The Sec­ TITLE Ill-RESERVE FORCES 1204, 1223), authorizations contained in sec­ tion 401 of the Act of October 7, 1970, Public retaries of the military departments shall SEC. 801. For the fiscal year beginning Law 91-441 (84 Stat. 905, 909) for the fol­ furnish to the Secretary of Defense or his July 1, 1971, and ending June 30, 1972, the lowing items which shall remain in effect designee within 60 days after the date of Selected Reserve of each Reserve component until fifteen months from the date of this enactment of this Act and each January 31st of the Armed Forces will be programed to Act and which shall be increased from $8 - and June 30th thereafter the names of any attain an average strength of no"; less than 800,000 to $9,200,000: ' institutions of higher learning which the the following: (a) two hundred family housing units at Secretaries determine on such dates are bar­ (1) The Army National Guard of the United Malmstrom Safeguard site, Montana. ring such recruiting personnel from the States, 400,000. (b) two hundred family housing units at campus of the institution. (2) The Army Reserve, 260,000. SEc. 503. The Strategic and Critical Mate­ (3) The Naval Reserve, 129,000. Grand Forks Safeguard site, North Dakota. SEc. 403. (a) None of the funds authorized rials Stock Piling Act (60 Stat. 596; 50 U.S.C. (4) The Marine Corps Reserve, 45,849. 98-9811) is amended (1) by redesigns.ting (5) The Air National Guard of the United by this or any other Act may be obligated or expended for the purpose of initiating de­ section 10 as section 11, and (2) by insert­ States, 88,191. ing after section 9 a new section 10 as fol­ (6) The Air Force Reserve, 49,634. ployment of an anti-ballistic missile system at any site; except that funds may continue lows: (7) The Coast Guard Reserve, 15,000. "SEc. 10. Notwithstanding any other pro­ SEC. 302. The average strength prescribed to be obligated or expended for the purpose of adv~ced preparation (site selection, land vision of law, on and after January 1, 1972, by section 301 of this title for the Selected the President may not prohibit or regulate Reserve of any Reserve component shall be acquisit10n, site survey, and the procurement of long leadtime items) for anti-ballistic the importation into the United States of proportionately reduced by (1) the total any material determined to be strategic and authorized strength of units organized to missile system sites at Francis E. Warren Air Force Base, Cheyenne, Wyoming, and critical pursuant to the provisions of this serve as units of the Selected Reserve of such Act, if such material is the product of any component which are on active duty (other Whiteman Air Force Base, Knob Noster, Mis­ souri. Nothing in this section shall be con­ foreign country or area not listed as a Com­ than for training) at any time during the munist-dominated country or area in general fiscal year, and (2) the total number of strued as a limitation on the obligation or expenditure of funds in connection with the headnote 3(d) of the Tariff Schedules of the individual members not in units organized to United States (19 U.S.C. 1202), for so long serve as units of the Selected Reserve of such deployment of an anti-ballistic missile sys­ tem at Grand Forks Air Force Base, Grand as the importation into the United States of compcnent who are on active duty (other material of that kind which ls the product of than for training or for unsatisfactory par- Forks, North Dakota, or Ma.lmstrom. Ail' Force Base, Great Falls, Montana. such Communist-dominated countries or ticipation in training) without their con­ areas is not prohibited by any provision of sent at any time during the fiscal year. When­ (b) Section 402 of Public Law 91-441 (84 Stat. 905, 909) is hereby repealed. law." ever any such units or such individual mem­ SEC. 504. (a) The amount of $325,100,000 bers are released from active duty during any TITLE V-GENERAL PROVISIONS authorized to be appropriated by this Act for fiscal year, the average strength for such fis­ SEC. 501. Subsection (a) (1) of section 401 the development and procurement of the c- cal year for the Selected Reserve of such Re­ of Public Law 89-367, approved , 5A aircraft may be expended only for the serve component shall be proportionately in­ 1966 (80 Stat. 37), as amended, is hereby reasonable and allocable direct and indirect creased by the total authorized strength of amended to read as follows: costs incurred by the prime contractor under such units and by the total number of such "(a) (1) Not to exceed $2,500,000,000 of the a contract entered into with the United individual members. funds authorized for appropriations for the . States to carry out the C-5A aircraft pro­ SEC. 303. (a) Section 270(a) of title 10, use of the Armed Forces of the United States gram. No part of such amount may be used United States Code, is amended by adding be­ under this or any other Act are authorized for- low clause (2) thereof a new- sentence as to be made available for their stated purposes (1) direct costs of any other contract or follows: to support: (A) Vietnamese and other free activity of the prime contractor; November 5, 1971 CONGRESSIONAL RECORD - HOUSE 39553 (2) profit on any materials, supplies, or ( e) After the da.te of enactment of this sentence of subsection (a} of this section, the services which are sold or transferred between Act, whenever any request is made to the result.s of all operational testing and evalu .. any division, subsidiary, or affiliate of the Congress for the appropriation of funds for ation up to the time of the submission of the prime contractor under the common con­ use in, for, or on behalf of Laos for any fiscal report, or, if operational testing and evalua­ trol of the prime contractor and such divi­ year, the President shall furnish a written tion has not been conducted, a statement of sion, subsidiary, or affiliate; report to the Congress explaining the pur­ the reasons therefor and the results of such (3) bid and proposal costs, independent poses for which such funds are to be used other testing and evaluation as has been research and development costs, and the cost in such fisoal year. conducted. of other similar unsponsored technical effort; (f) The President shall submilt to the Con­ ( d} In the case of any weapon system for or gress within thirty days after the end of which procurement funds have not been pre­ (4) depreciation and amortization cost.s each quarter of each fiscal year, beginning viously requested and for which funds are on property, plant, or equipment. with the fiscal year which begins July 1, first requested by the President in any fiscal Any of the cost.s referred to in the preceding 1971, a written report showing the total year after the Budget for such fiscal year has amount of expenditures in, for, or on behalf sentence which would otherwise be alloca­ been submitted to the Congress, the same ble to any work funded by such $325,100,000 of Laos during the preceding quarter by the reporting requirements shall be applicable to may not be allocated to other portions of United States Government, and shall include such system in the same manner and to the the C-5A aircraft contract or to any other in such report a general breakdown of tht: s!:l.me extent as if funds had been requested contract with the United States, but pay­ total amount expended, describing the differ­ for such system in such Budget. ments to C-5A aircraft subcontractors shall ent purposes for which suoh funds were ex­ TITLE VI-TERMINATION OF HOSTILITIES not be subject the restriction referred to pended and the total amount expended for IN INDOCHINA to such purposes, except thait in the case of in such sentence. the fi.rnt two quarters of the fiscal year SEC. 601. (a) It is hereby declared to be the (b) Any payment.s from such $325,100,000 beginning July 1, 1971, a single report may policy of the United States to terminate at shall be made to the prime contractor be submitted for both such quarters and the earliest practicable date all military op­ through a special bank account from which such report may be computed on the basis erations of the United States in Indochina, such contractor may withdraw funds only of the most accurate estimaites the Secre­ and to provide for the prompt and orderly after a request containing a detailed justi­ tary of Defense can make taking into con­ withdrawal of all United States military fication of the amount requested has been sideration all information available to him. forces at a date certain, subject to the release submitted to and approved by the contract­ SEC. 506. (a) Beginning with the calendar of all American prisoners of war held by the ing officer for the United States. All pay­ year 1972, the Secretary of Defense shall sub­ Government of and forces al­ ment.s made from such special bank ac­ mit to the Congress each calendar year, at the lied with such Government and an account­ count shall be audited by the Defense Con­ same time the President submits the Budget ing for all Americans missing in action who tract Audilt Agency of the Department of to the Congress pursuant to section 201 of have been held by or known to such Govern­ Defense and, on a quarterly basis, by the the Budget and Accounting Act, 1921, a ment or such forces. The Congress hereby General Accounting Office. The Comptroller written report regarding development and urges and requests the President to imple­ General shall submit to the Congress not procurement schedules for each weapon sys­ ment the above-expressed policy by initiating more than thirty days after the close of each tem for which fund authorization is required immediately the following actions: quarter a report on the audit for such by section 412 (b) of Public Law 86-149, as (1) Establishing a finaJ date for the with­ quarter performed by the General Account­ a.mended, and for which any funds for pro­ drawal from Indochina of all military forces ing Office pursuant to this subsection. curement e.re requested in such budget. Be­ of the United States contingent upon the re­ (c) The restrictions and controls provided ginning with the calendar year 1973, there lease of all American prisoners of war held for in this section with respect to the $325,- shall be included in the report data on op­ by the Government of North Vietnam and 100,000 referred to in subsections (a) and evational testing and evaluation for ea.ch forces allied with such Government and an (b) of this section shall be in addition to such weapon system for which funds for pro­ accounting for all Americans missing in ac­ such other restrictions and controls as may curement are requested (other than funds re­ tion who have been held by or known to such be prescribed by the Secretary of Defense or quested only for the procurement of units Government or such forces. the Secretary of the Air Force. for operational testing and evaluation and/or (2) Negotiate with the Government of SEc. 505. (a) Notwithstanding any other long lead-time items). A weapon system shall North Vietnam for an immediate cease-fire provision of law, no funds authorized to be also be included in the annual report re­ by all parties to the hostilities in Indochina. appropriated by this or any other Act may quired under this subsection in each year (3) Negotiate with the Government o! be expended in any amount in excess of thereafter until procurement of such system North Vietnam for an agreement which $350,000,000 for the purpose of carrying out has been completed or terminated, or until would provide for a series of phased and rapid directly or indireotly any economic or mili­ the Secretary of Defense certifies in writing withdrawals of United States military forces tary assistance, or any operation, project, or that such inclusion would not serve any use­ from Indochina in exchange for a correspond­ program of any kind, or for providing any ful purpose and gives his reasons therefor. ing series of phased releases of American goods, supplies, materials, equipment, serv­ (b) A supplemental report shall be sub­ prisoners of war, and for the release of any ices, personnel, or advisers in, to, for, or mitted to the Congress by the Secretary of remaining American prisoners of war on behalf of Laos during the fiscal year end­ Defense not less than thirty nor more than concurrently with the withdrawal of ing June 30, 1972. sixty days before the awarding of any con­ all remaining military forces of the (b) In computing the $350,000,000 limi­ tract or the exercising of any option in a United States by not later than the date tation on expenditure authority under sub­ contract for the procurement of e.ny such established by the President pursuant to section (a) of this section in fiscal year 1972, weapon system other than procurement of paragraph 1) hereof or by such earlier date there shall be included in the computation units for operational testing and evaluation as may be agreed upon by the negotiating the value of any goo¢;, supplies, materials, or and/or long lead-time items) unles.s (1) the parties. equipment provided to, for, or on behalf of contractor or contractors for that system And the Senate agree to the same. Laos in such fiscal year by gift, donation, have not yet been selected, and the Secretary That the House recede from it.s disagree· loan, lease, or otherwise. For the purpose of of Defense determines that the submission of ment to the amendment of the Senate to this subsemion, "value" means the fair mar­ such report would adversely ,affect the source the title of the bill and agree to the same. ket value of any goods, supplies, materials, selection process e.nd notifies the Congress or equipment provided to, for, or on behalf in writing, prior to such a.ward, of such deter­ F. Enw. HEBERT, of Laos, but in no case less than 33 Y:i per mination, stating his reasons therefor, or (2) MELVIN PRICE, centum of the amountt the United States the Secretary of Defense determines the.t the 0.C. FISHER, paid at the time such goods, supplles, ma­ submission of such report would otherwise CHARLES E. BENNETT, terials, or equipment were acquired by the adversely affect the vital security interest.s of JAMES A. BYRNE, United States. the United States and notifies the Congress in SAMUELS. STRATTON, ( c) No additional expenditures in excess of writing of such determination e.t least 30 LESLIE C. ARENDS, the limitation prescribed in subsection (a) days prior to such award, stating his reasons ALVIN E. O'KONSKI, of this semion may be made for any of the therefor. WILLIAM 0. BRAY, purposes described in such subsection in, (c) Any report required to be submitted BOB WILSON, to, for, or on behalf of Laos in any fiscal year under subsection (a) or (b) of this section, as CHARLES GUBSER, beginning after June 30, 1972, unless such the case may be, shal: include detailed and Managers on the Part of the House. expenditures have been specifically author­ summarized information with respect to each JOHN C. STENNIS, ized by law enacted after the date of enact­ weapon system covered by such report, and STUART SYMINGTON, ment of this Act. In no case shall expendi­ shall specifically inclu.de, but shall not be HOWARD W. CANNON, tures in any amount in excess of the amount limited to- THOMAS J. MCINTYRE, autthorized by law for any fl.sea.I year be (1) the development schedule, including HARRY F. BYRD, made for any such purpose during such fiscal estimated annual cost.s until development ls MARGARET CHASE SMITH, yerur. completed; (with reservations on (d) The provisions of subsections (a) and (2) the planned procurement schedule, in­ Mansfield amendment) (c) of this section shall not apply With re­ cluding the best estimate of the Secretary of STROM THURMOND, spect to the expenditure of funds to carry Defense of the annual costs and units to be JOHN TOWER, out combat air operations in or over Laos procured until procurement ls completed; PETER H. DoMINICK, by United States military forces. (3) to the extent required by the second Managers on the Part of the Senate. 39554 CONGRESSIONAL RECORD - HOUSE November 5, 1971

JOINT EXPLANATORY STATEMENT OF THE eluded $102.3 million for procurement of 30 not add to the dollar amount authorized in COMMITTEE OF CONFERENCE Harrier aircraft. The request for funds as­ the bill. The managers on the part of the House sumed that these aircraft would be manu­ The House recedes. and the Senate at the conference on the dis­ factured in England. The Senate added $23.7 Missiles million as a first increment of funding to Army agreeing votes of the two Houses on the establish domestic production of the aircraft. amendment of the Senate to the bill (H.R. The House supported the domestic produc­ The House bill provided an authorization 8687), an act to authorize appropriations tion concept in its report on the authoriza­ of $1,101,100,000 for the Army procurement of during the fiscal year 1972 for I>rocurement tion bill for fiscal year 1970 (House Report missiles. The Senate reduced the authoriza­ of aircraft, mlssiles, naval vessels, tracked No. 91-622). However, funds authorized for tion related procurement for the Safeguard combat vehicles, torpedoes, and other weap­ this purpose in fiscal year 1971 (Public Law ABM program by $36 million-from $674 mil· ons, and research, development, test, and 91-441) were not incl:uded in the appropria­ lion to $639 million-in recognition of delays evaluation for the Armed Forces, and to pre­ tion act (Public Law 91-668). The House in the program caused principally by con­ scribe the authorized personnel strength of Appropriations Committee in its report, struction slippage. The items affected by the the Selected Reserve of each Reserve com­ House Report 91-1670, stated that "This ac­ Senate reduction relate to Safeguard ground ponent of the Armed Forces, and for other tion does not terminate the Harrier program equipment, repair parts and support mate­ purposes, submit the following joint state­ and does not preclude future manufacture rial. ment to the House and the Senate in expla­ of Harrier in the United States." The House recedes. nation of the effect of the action agreed upon The conferees agreed to delete the $23.7 [ Additional action on Safeguard is dis­ by the managers and recommended in the ac­ million added by the Senate and urge the cussed further on in this statement. J companying conference report: Department of Defense to explore the possi­ Navy TITLE I-PROCUREMENT bility of achieving the objective of domestic The House bill provided an authorization of production of any follow-on to the AV-8A $701,600,000 for procurement of missiles by Aircraft Harrier. the Navy. The Senate increased this amount Army The Senate recedes. by $2.6 mil11on to procure additional AIM- 7E SpallToW missiles to offset slippages ex­ The House bill provided an authorization The House bill provided $298.1 million for procurement of 36 P-3C antisubmarine war­ perienced in the AIM-7F program. of $111.2 million for procurement of Army The administration requested $61.3 million aircraft and support equipment. The Senate fare aircraft. The Senate reduced the pro­ gram by 12 aircraft and $61 million to effect for procurement of the Sparrow missile. The reduced this amount by $17 million, citing House reduced the procurement account to the availability of prior-year funds to sup­ a smoother production rate. The conferees agreed to the Senate position. $37.4 m111ion and transferred $23.9 million to port the fiscal year 1972 program. RDT&E because of difficulties in development The House recedes. The House recedes. The House bill included $3.8 million for of the 7F version of the missile. The Sen­ Navy and Marine Corps procurement of two light transport jet air­ ate red_uced the RDT&E account by another The House bill provided an authorization craft as a part of the modernization/replace­ $2.6 million but increased the procurement of $2,613,200,000 for procurement of aircraft ment program of Navy mission support air­ account by $2.6 million for the additional 7E for the Navy and Marine Corps, with no craft. The Senate deleted this authorization missiles. The Sparrow program total, there­ funds authortz.ed to be appropriated for from the bill. The conferees agreed to restore fore, remained at $61.3 m111ion. F-14 aircraft or transport aircraft of the the $3.8 million. The conferees agreed to the Senate revision. DC-9 or 737 type. The Senate recedes. The House recedes. The Senate authorized a total of $3,266,- The House bill included $1.3 million to Air Force 200,000 for Navy and Marine Corps aircraft, modify A-7 type aircraft to operate an ex­ The House bill provided an authorization including $24.4 million for five DC-9 or 737- tended-range version of the Walleye TI glide of $1,841,400,000 for procurement of missiles type aircraft and earmarked $801.6 million bomb. The Senate deleted these funds on the by the Air Force. The Senate reduced this for an F-14 aircraft program of not less than basis that this new program should be re­ amount by $66.6 million, with $61 million of 48 aircraft. oriented to the "fly-before-buy" concept, and the reduction being applied to the Minute­ For the F-14A fighter, the House withdrew that operational-type testing validate that man program and $6.6 million applied to its authorization of $806.1 million, without it can be operated from a single place air­ modifl.cation of the Falcon mlssile. prejudice, pending conclusion of a Navy and craft such as the A-7 before large quantities The conferees agreed to restore $14 milllon Defense Department review of the program. of mlssiles are procured and many aircraft are of the Senate reduction for Minuteman guid­ The Senate authorization of $801.6 million, a modified. ance and control units. The Senate recedes reduction of $4.5 million from the adminis­ The House recedes. on $14 million and the House recedes on $47 tration's original request, recognized prior­ The House bill authorized $3,102,000,000 mllllon. year funding available for advanced procure­ fo~ procurement of 200 aircraft by the Air The conferees also agreed to restore $2.3 ment of F-14A engines. The Navy-DOD re­ Force. The Senate reduced this amount by million of the Senate reduction related to view urged continuation of the F-14A pro­ $113 million and 12 aircraft. The Senate the Falcon modifl.cation program to support gram. The conferees, therefore, agreed to au­ recognized that the contra.ct for the C-6A operational requirements. The Senate recedes thorize $801.6 million for 48 F-14A aircraft. program has been restructured to a fixed­ on $2.3 milllon. The House recedes on $3.2 The House recedes. loss type of contract and tha.t the funds re­ million. The House bill eliminated authorization quested in fl.seal year 1972 a.re needed to pay Naval vessels in the amount of $24.4 million for five C-9 the expenditures at Lockheed to continue the For the Navy Shipbuilding and Conversion type medium transport Jet aircraft. The Sen­ program; however, the Senate reduced the Program the House bill authorized $3,328,- ate bill authorized procurement of these air­ authorization by $72.2 mil11on "to minimize 900,000. The Senate reduced this authoriza­ craft. The House supported the view that the possible build-up of large excess funds tion by $318.3 million. The conferees agreed obsolete propeller-driven aircraft of the Navy that might detract from any continuing on an authorization totaling $3,067,100,000. should be replaced by modern jet aircraft management improvements and efficiency in DLGN but felt that alternatives to satisfy Navy this program." Both the House and the Senate had identi­ transport requirements had not been fully The conferees agreed to the Senate position cal language setting aside $14,600,000 of the explored. The Secretary of Defense subse­ while recognizing that under the terms and Navy shipbuilding program for advance pro­ quently advised · the conferees that alterna­ conditions of the restructured C-6A con­ curement for the nuclear-powered guided­ tive programs had been investigated but pro­ tra.ct, additional funding will be required in misslle frigate DLGN 41. In addition, the curement of "off-the-shelf" commercial air­ the next fiscal year to complete the program. House bill had the further requirement that craft is the most efficient procedure. The House recedes. "The contract(s) for advance procurement The House, therefore, recedes. For the C-130E tactical transport, the for the DLGN 41 shall be entered into as soon For the EA-6B electronic warfare aircraft, House bill provided for procurement of 12 as practicable unless the President fully ad­ the House authorized $218.9 million for 19 aircraft for $40.8 m111ion. The Senate bill vises the Congress that its construction is not aircraft. The Senate reduced the request by deleted these aircraft without prejudice. The in the national interest." The Senate amend­ $66 million to eliminate 7 aircraft, but added House conferees were able to convince the ment deleted this language. The Department $4.4 million of long lead funding for procure­ Senate conferees of the necessity of authoriz­ of Defense had announced that it would not ment of the 7 in fiscal year 1973, a net re­ ing these aircraft this year. proceed with DLGN 41. Without DLGN 41 duction of $60.6 million. The conferees up­ The Senate recedes. there would only be seven nuclear-powered held the Senate reduction of the seven air­ The Senate added language to the authori­ frigates for three nuclear-powered aircraft craft but added $18.6 million for procure­ zation bill making $14.5 million of funds carriers. Since the Navy has testified that it available to the Air Force for aircraft pro­ ment of additional electronic equipment. needs at least four nuclear-powered frigates curement available for the procurement of to escort each nuclear-powered aircraft car­ The authorization, therefore, is $186.9 mil­ 30 armed STOL aircraft. The authorization of rier, without additional DLGN's the number lion, a reduction of $32 million from the these aircraft was requested after the House of escorts would be far below the minimum budget request. and will allow procurement had completed initial action on the fiscal year desired. Hence, it was agreed that the lan­ of 12 EA-6B aircraft. 1972 authorization bill. The conferees agreed guage should be retained. The Navy request and the House bill in- to accept the Senate language which does The Senate recedes. November 5, 1971 CONGRESSIONAL RECORD - HOUSE 39555

Nuclear attack submarines leted this ship because of Navy testimony was not requµ-ed for obligation 1n fiscal year The Senate added $22.5 million for long that such a ship would not be needed for 1972 and deleted that amount. The con­ nuclear carriers and that alternative ap­ ferees were advised that a portion of the lead time items for a sixth nuclear attack reduction should be applied against the "com­ submarine. Since the Soviets are speeding proaches were being examined. However, it was pointed out that less than one percent pletion of prior yea,r programs" category; the development and production of new sub­ there is no objection to this bookkeeping marines, the conferees agreed that the long of the fleet would be nuclear by the end of fiscal year 1972. Since the 99-percent balance change. lead time items for this extra submarine The House recedes. would be desirable. of the fleet needed oilers and since 19 of the The House recedes. 25 present oilers are already 25 years old, the TITLE II-RESEARCH AND DEVELOPMENT conferees agreed to retain the House author­ General Submarine tender ization. The House approved a budget request for The Senate recedes. Both the House and Senate modified the two submarine tenders for a total of $214,- Research and Development authorization re­ 000,000. The Senate reduced this amount so ATS rescue and salvage ships quested by the Department of Defense. The as to provide $123,000,000 full funding for departmental request totaled $7,950,800,000. The House provided $83,000,000 for three The House bill authorized a total of $7,963,- one submarine tender and $15,000,000 ad­ ATS Rescue and Salvage Ships. The Senate vanced funding for an additional submarine deleted two of the ships and dropped the 300,000, whereas the Senate authorization tender. Since the conferees were advised that totaled $7,605,200,000. The conferees agreed amount available to $30.4 million. The De­ on a total of $7,793,400,000. The amount the reduction in funding did not affect the partment of Defense did not seek restoration production schedule for the follow-on sub­ agreed upon is $169,900,000 less than that of the funds. approved by the House, is $188,200,000 more marine tender, the House accepted the Sen­ The House recedes. ate position. than the amount authorized by the Sena.te The House recedes. Claims and other cost increases and is $157,400,000 less than was requested by the Department of Defense. Replenishment oiler The House provided the budget request of The adjustments made by the two Houses The House provided $56.5 million for one $373. 7 million for claims and other cost in­ and those agreed upon in conference are re­ AOR Replenishment Oller. The Senate de- creases. The Senate found that $155.7 million flected in the following table: RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In millions) Conference Conference House Senate action House Senate action Fiscal ------Fiscal ------Change Change Change Change {gf2 Authori­ from Authori- from Authori- {9!2 Authori­ from Authori- from Authori- Program element request Change zation House zation Senate zation Program element request Change zation House zation Senate zation ARMY NAVY-Continued Human factors in military ASW management and tech- system ______nical support______14. 5 ______14. 5 -4. 5 10. O +4. 1 14. 1 4. 1 ------4.1 -0.8 3. 3 ------3.3 Prototype program ______. ______------______+ 10. O Milita1 selection, training, 10. 0 Programs not in dispute ____ 1, 984. 8 ------1, 984. 8 ______1, 984. 8 ------1, 984. 8 and eadership ______3. 4 ------3.4 -.2 3. 2 ------3. 2 Performance effectiveness Total______2,434.3 +26.2 2,460.5 -85.7 2,374.8 +43.9 2, 418. 7 of the American soldier __ _ 4. 6 ------4.6 -.7 3. 9 ------3.9 General chemical investiga- tions ______AIR FORCE 7. 9 ------7.9 -2.0 5. 9 ------5.9 Manpower resources devel- Flight vehicle subsystem opment_ ___ ------__ _ 6. 3 ------6.3 -1.6 4. 7 ------4. 7 concepts______19.4 ______19. 4 -5.8 13.6 +5.8 19.4 Heavy lift helicopter______47.0 -11.5 35.5 -5.5 30.0 ------30.0 Reconnaissance drones__ __ _ 1. 5 ______1. 5 -1. 5 ------Aerial surveillance, target C- 5A airlift squadrons_____ 26. 0 ------26. 0 -3.6 22. 4 +3.6 26. 0 acquisitions, and night Advanced missile options___ 7.0 ------7. 0 -1.0 ______+5.o 5.o operations ______9.1 ------9.1 -2.7 6. 4 ------6.4 Hound Dog"------12.1 ------12.1 -7. 0 5.1 ------5.1 Aircraft weapons ______40. 8 ------40.8 -12.8 28. 0 ------28.0 Minuteman squadrons_____ 186.6 ______186.6 -10. 0 176. 6 +5. 0 181. 6 Utility tactical transport air- Tactical air-to-air missile ______+10. 5 10. 5 -2.7 7.8 ------7.8 craft system ______20. 5 ------20.5 -7.6 12. 9 +7.6 20.5 Survivable satellite______6.0 ------6.0 -3. 0 3. 0 +3. 0 6. 0 Surface-to-air missile Aerospaceprogram ______defense _ (SAM-D)______115. 5 ------115. 5 -15.0 100.5 +15.0 115. 5 10. 0 ------10. 0 -8.0 2.0 +8.o 10.0 Terminal homing______28. 0 ------28.0 -9.9 18.1 +5.o 23.1 Military satellite communi- Prototype hardsite develop- cations system______8.6 ------8.6 -4.5 4.1 ------4.1 ment______65. 0 ------65.0 -5. 0 60. 0 ------60.0 Special activities______212.2 ------212.2 -8.2 204. 0 --_-- _-- 204.0 Safeguard______410.0 ------410.0 -52. 4 357. 6 ------357. 6 Satellite data relay system__ 37. 8 ______37. 8 -30. O 7. 8 +10.0 17. 8 Tracked and special vehicles 8. 5 ------8. 5 -8. 5 ______+8. 5 8.5 Advanced radiation Main battle tank______27. 5 ------27. 5 +35. 3 62. 8 ------62.8 technology ______28.1 ------28.1 -5.0 23.1 +5.o 28.1 Technical support of the Laboratory independent military man ______11. 2 ------11.2 -2. 2 9. 0 +1.7 10.7 exploratory development_ 5.4 ------5.4 -5.4 ------Joint tactical communica­ Human resources ______5. 0 ------5. 0 -.1 4. 9 ------4.9 tions system (TRI-TAC) __ 10. 0 -5. 2 4.8 +.4 5. 2 ------5. 2 Tactical information Tactical automatic data proc- processing and essing system equipmenL 23. 4 ------23. 4 -8. 4 15. 0 ------15.0 interpretation ______8. 5 ------8.5 -3.0 5.5 +3.0 8.5 Institute of the man______5. 7 ------5. 7 -. 5 5. 2 ------5.2 Improved capability for Prototype program _____ ------+12. 0 12.0 operational test and Programs not in dispute ____ 1, 071. 4 ------1, 071. 4 ------1, 071. 4 ------1, 071. 4 evaluation ______5.0 ------5.0 -5.0 ------+2.9 2.9 3 5 3 5 7 24 5 5 Tota'------l, 950. 0 -16. 7 l, 933. 3 -115. O 1, 818. 3 +61. 7 l, 880. 0 fif:f~~iit~c!rc~~rriiinica---- 1. ------1. - . O · + . 0 29. 5 tions system (TRITAC) ______+2.6 2.6 -2.6 ------NAVY Prototype program------+12. 0 12. 0 Center for Naval Analysis, Programs not in dispute ____ 2,406.3 ------2,406.3 ------2,406.3 ______2,406.3 Marine Corps ______1. 0 ------1.0 -.1 .9 ------.9 Center for Naval Analysis, TotaL ______3,017.0 +13.1 3,030.1 -119.4 2,910.7 +68.3 2,979.0 Navy ______8.6 ------8.6 -1.4 7.2 ------7.2 Special foreign currency DEFENSE AGENCIES program ______2. 9 -.3 2.6 ------2.6 ------2.6 ARPA: Destroyer helicopter system Overseas defense (LAMPS) ______38. 5 ------38.5 -17.0 21. 5 +4.5 26.0 research ______27. 5 -10. 0 17. 5 -4.0 13. 5 +3.0 16. 5 Aircraft flight test, general_ 5.3 ------5.3 -1.0 4.3 ------4.3 Advanced sensors ____ _ 9.0 ------9.0 -3.0 6.0 +3.0 9.0 3T major systems develop- Other ______191. 5 ------191. 5 ------191. 5 ------191. 5 ment______------31.2 ------31.2 -5.4 25. 8 ------25.8 DCA: Underseas long-range mis- Defense communica­ sile system (ULMS) ______109. 5 ------109. 5 -6.5 103. 0 ------103.0 tions planning Fleet ballistic missile sys- group ______34. 0 34. 0 -31. 0 3. 0 +8.3 11. 3 tern ______Other ______------38. 9 38. 9 -6.0 32. 9 ------·- 32. 9 16.6 ------16.6 ------16. 6 ------16. 6 Advanced Sparrow ______------+iff 23. 9 -2.6 21.3 ------21.3 DIA/NASA/DASA ______189.1 ------189.1 ------189.1 ------189.1 FBM command control DSA (DDC) program ______13. 2 ------13. 2 ------13. 2 ------13. 2 (Sanguine) ______14. 8 ------14. 8 -2. l 12. 7 +1.0 13. 7 Technical support to Office New ship design ______12. 0 ------12. 0 -1.0 11. 0 ------11. 0 of Secretary of Defense Personnel support ______7. 8 ------7. 8 -.4 7. 4 ------7.4 and organizations of Education and training Joint Chiefs of Staff program ______developmenL ______3.3 ------3.3 -.7 2. 6 ------2. 6 18. 5 --- -- ...... 18. 5 ------18. 5 ------18. 5 Other Marine Corps sys- -~--~~~~----~~--~~~~~- terns ___ . ______9. 7 ------9. 7 -3.0 6. 7 +3.0 9. 7 Tot a L ____ ------499. 4 -10.0 489.4 -38.0 451. 4 +14.3 465. 7 Joint tactical communica- Emergency fund ______50. 0 ------50. 0 ------50. 0 ------50. 0 tionsTAC) ____system,____ Navy______(TRI- +.6 .6 -. 6 ------Total Department of Joint tactical communica- Defense R.D.T. & tions system, Marine E______7,950.8 +12.5 7,963.3 -358.1 7,605.2 +188.2 7,793.4 Corps (TRI-TAC)------+2.0 2.0 -2.0 ------Note: Detail does not add to total because certain classified items were omitted. 39556 CONGRESSIONAL RECORD-HOUSE November 5, 1971 Two-year limitation on research and, this program, they are not contributing whether adequate consid~ration has been development financially to its support. given to the extensive work being done by The Senate bill included a new section The conferees agreed to accept the Senate the automobile industry and non-defense 20l(b) which limits the time period, within reduction. agencies on the same problem. which funds authorized for research and The conferees agreed to restore the $3 mil­ The conferees urge the Department of De­ development by any act may be obligated, to lion for development of physical security fense to initially pursue those projects which two consecutive fiscal years commencing with equipment and the $5.3 million for develop­ have the highest priority and which offer fiscal year 1972. It is the intent of this section ment of standoff surveillance equipment, the greatest promise. If the Department of that, unless otherwise provided in the appro­ both of which were denied by the Senate. Defense finds that additional amounts a.re priation Act for fiscal year 1972 or subsequent However, the work to be performed with needed later in the fiscal year, such require­ years, funds appropriated for RDT & E will these funds should be conducted by the re­ ments will be considered appropriate candi­ be available for obligation for only two suc­ sponsible military department. Therefore, dates for reprograming actions. cessive fiscal years. the Department of Defense should transfer Project Sanguine The House blll contained no comparable these funds to the respective military de­ The Senate bill included restrictive lan­ provision. partment to do these tasks. The Department guage, under Section 20l{a), which estab­ This action conforms with that of the Con­ of Defense is directed to disestablish the De­ lishes a limitation of $3,492,000 on the gress last year, when the same restrictions fense Special· Projects Group by the end of amount of money authorized for the Navy were imposed in the Department of Defense fiscal year 1972 or as soon as practicable. fiscal year 1972 RDT & E appropriation re­ Appropriation Act, 1971, P.L. 91-668. The conferees agreed that in the future, lating to research and development on proj­ The House conferees are in general agree­ work involving sensor technology should be ect Sanguine. Within this amount, $150,000 ment with the objectives of this section pursued by the Department of Defense as it is available only for an environmental com­ which encourages the more timely and effec­ was done prior to the creation of the Defense patibillty program, and $300,000 is available tive use of RDT & E funds and should provide Special Projects Group. Under that proce­ only for biological and ecological effects re­ a significant improvement in Congressional dure, the Advanced Research Projects Agency search relating to the Sanguine project. control of Department of Defense spending. (ARPA) and the military departments sup­ New language was added by the Senate, as The House conferees agreed to accept the port such advanced technology. When the Section 201 ( c) , which prohibits the use of Senate language. advanced technology conducted by ARPA funds for research and development on a Defense special projects group shows sufficient promise, the next phases of deep underground system for the Sanguine The Senate, in its action on the bill, re­ development should be picked up by the in­ project. duced the amount requested for the Defense dividual service. DDR & E, under that pro­ Tne House bill contained no comparable Special Projects Group by $31 million, from cedure, will be responsible for coordinating provisions. $34 million to $3 million. In its report, the all of the Department of Defense efforts in­ The Senate conferees agreed to restore $1,- Senate Committee stated that the continu­ volved as it now does for the total Research 000,000 of the Senate reduction, making a ation of this organization after completion of and Development program. total of $4,492,000 available to cover obliga­ the Southeast Asia sensor system work (for Prototype program tions already incurred by the Navy under the which the remaining $3 million is provided) The Department of Defense reclama to continuing authority. However, consistent ls not warranted; that any future tasks in­ the Congress on the· fiscal year 1972 Military with the restrictions of Section 20l{c), obli­ volving sensor development and applications Procurement Authorization bill, which was gations for fiscal year 1972 will exclude effort should be assigned to the military depart­ on the deep underground system. submitted on October 13, 1971, requested ments under DDR & E coordination; and that The House and Senate conferees agreed advanced technology in sensors should be authorization of $67.5 million to initiate an advanced prototype program. This formal that the prohibition on funds for the deep. conducted, as in the past, by the Advanced underground system during fiscal year 1972' Research Projects Agency until they show request followed a series of presentations made by the Deputy Secretary of Defense, does not prejudice a proposal to initiate this sufficient promise and progress to justify the program if it is included in the budget for assumption of development responsibility by the Director of Defense Research and Engi­ neering, and principal representatives of the fiscal year 1973. Rather, it reflects the deter­ the cognizant service. mination that a decision to initiate work in­ The Deputy Secretary of Defense by sepa­ mllltary departments before committees of volving this system in fl.seal year 1972 is pre­ rate letters and in the reclama stated the the House and Senate to describe the details mature. That decision must await the out­ importance of retaining the demonstrated of the proposed program. Hearings before the come of the feasibility studies being con­ DSPO capabllity to rapidly accomplish high­ Senate Armed Services Committee were held ducted by the National Academy of Sciences priority tasks and to respond quickly to on September 9, 1971, and the proceedings and the National Academy of Engineering on multi-service requirements. However, the have been printed under that date with the the overall Sanguine project, as well as some­ conferees agreed with the Senate report title "Advanced Prototype.'' resuits from the environmental studies being which stated: The proposal ls to initiate a procedure of conducted by nine separate educational in- , • • • that an organization which has been procuring advanced prototypes of systems stitutions. created for a specific task should not be per­ and components to demonstrate technical petuated after the task is completed because feasiblUty before taking any further pro­ Technical support of the military man 'it seemed essential to retain the experience curement steps in a program. It would allow program and capa.b111ties of DCPO.' This could lead the thorough test of prototype hardware The Senate, in its action on the blll, re­ to a proliferation of organizations and func­ against military needs before a commitment

~~~~~~~~- there is currently a surpius of chrome in the of other similar unsponsored technical effort, Tot a1______1, 267. 6 1, 106. 2 national stockpile of critical materials, the or depreciation and amortization costs on surplus is not large enough to meet U.S. property, plant or equipment in those costs recoverable under the C-5A aircraft program. TITLE V-GENERAL PROVISIONS needs for very long and further dissipation of the stockpile would be damaging to the The House conferees pointed out that Chrome and the national stockpile national security. Furthermore, it would de­ denying to the Lockheed Corporation the Section 503 of the Senate amendment con­ feat the very purpose of the stockpile if the opportunity to recover legitimate costs di­ tains language designed to remove the em­ United States were to rely on the stockpile as rectly or indirectly allocable to the C-5A bargo on the importation of chrome ore from a major source of chrome in the future as it program wa.s a harsh and unique statutory Rhodesia. has in recent years. restriction heretofore unparalleled in govern­ The language of Section 503, as added by As the dominant world supplier of chrome, ment procurement. the Senate, would amend the United Na­ the Russians have driven the price from a It was, for example, pointed out that tions Participating Act of 1945 (22 u.s.c. pre-sanction level of about $25 per ton up to denial of depreciation and amortization costs 287c(a)) by adding the following new lan­ present levels of $72 per ton. Thus, the pres­ on property, plant, and equipment would guage: ent price is 288 percent of the presanction deny to the Lockheed Corporation a positive "On or after January 1, 1972, the Presi­ price, according to U.S. Bureau of Mines ca.sh flow totalling more than $10 million. dent mJay not prohibit or regulate rthe im­ figures. This positive cash flow would occur during portation into the United States pursuant Foreign producers of stainless steel, who the period when cash will be most critical to to this section of any material determined may benefit from Rhodesian sanctions (by the Lockheed Corporation. to be strategic and critical pursuant to sec­ virtue of a capability of securing lower cost Among the House conferees who consider tion 2 of the Str,ategic and Critical Materials Rhodesian ore in violation of the sanctions) this Senate language unnecessarily restrictive Stock Piling Act (50 U.S.C. 98a), which is have increased their penetration of U.S. mar­ a.nd harsh were Congressmen Les Arends, the product of any foreign country or area kets. Imports of specialty steels are at an all­ Charles S. Gubser and Bob Wilson. They not listed as a Communist-doininated coun­ time high-22 % of the total domestic market believed that the United States entered into a try or area in general headnote 3 ( d) of the in the first quarter of 1971. For some indi­ bona.fide agreement which designated Lock­ Tariff Schedules of the United States ( 19 vidual specialty steels, the penetration is heed's fixed loss on the C-5A program to b& 39558 CONGRESSIONAL RECORD - HOUSE November 5, 1971

$200,000,000, a.nd to restrict the traditional The need for such information on a con­ The above excerpts from the right of recovering depreciation, bid and pro­ tinuing basis is a direct reflection of the memorandum and August 3 letter best sum­ posal and independent research and develop­ frustrations experienced by the Congress in marize the information on operational test ment costs is to add upwards of an addi­ being surprised by recurring cost overruns. and evaluation required by Section 506 tional $20,000,000 in fixed loss. They consider The concern of both houses of Congress has (c) (3). it unfair for Congress to legislatively amend been e~ressed repeatedly on the escalating The Secretary of Defense reclama dated the contract on what they believe to be an ex OOSlts of wea,pon systems particularly in the October 13, 1971, acknowledges the need for post facto basis. However, after considerable present atmosphere of a troubled economy additional information to be provided to the discussion the House conferees recognized and increasing demands of domestic pro­ Congress when he states, "As time goes on, that the Senate was adamant in its position grams. we would certainly expect to continue to im­ and in the broader interest of enacting the It has become increasingly apparent that prove on the data submitted to meet the entire bill into law, the House conferees weapons systems have entered volume pro­ needs of the Congress." Section 606 serves to receded with the exception of Mr. Arends, Mr. duction before adequate development and recognize this commitment and makes it a Gubser, and Mr. Wilson, and accept the testing has been completed. In effect, the legal requirement commencing at the begin­ Senate position on this provision of the bill. Military Departments were ga.mbling that ning of calendar year 1973. This provides Ceilings on expenditures in Laos major problems would not be encountered ample notice and time for implementation and toot any design changes required a.ft.er by the Department of Defense. Section 505 of the Senate bill imposes a completion of testing would be of a rela­ ceiling of $350 million on expenditures in, to, The major objections stated in the Defense tively minor nature. Such has not been the Department's reclama address Subsection (b) for, or on behalf of Laos, excluding combat case. Testimony has confirmed that proceed­ air operations in or over Laos by U.S. mili­ which requires a supplemental report to the ing with volume production too soon in too Committees "not less than 30 nor more than tary forces. The section further requires many cruses has delayed raither than acceler­ quarterly written reports by th.a President of 60 days" before the awarding of any contract ated operationaJ oapa.bllity. Moreover, neces­ or the exercising of any contract option to the United States to the Congress showing sary fix-up costs resulting from such un­ the total of expenditures by the U.S. gov­ procure production quantities ·of a weapon warranted concurrency have been a major system. The argument is that the integrity ernment during the preceding quarter sub­ cause of costly overruns. ject to the ceiling, with a breakdown of the of the source selection process is jeopardized The Department of Defense now recognizes because it would be exposed to undue outside purposes for which the expenditures were and is placing the required emphasis on com­ made. The section also provides th.at after influence. This concern reflects a possible pletion of a greater portion of development misunderstanding of the intent of the sub­ the date of enactment of this Act any re­ and of operational testing before volume quest for the appropriation of funds for use section. It is not intended to relate to the production is begun. To this end, a Deputy contract action but rather to the earlier deci­ in, for, or on behalf of Laos shall be accom­ Director, Defense Research and Engineering panied by a written report explaining the sion to procure. The name of a successful (Test and Evaluation) has been established, bidder would not therefore be disclosed prior purpose for which such funds are to be used. and each Service has been directed to estab­ The Congress has been advised that the to notice of selection. lish an operational test and evaluation office ceiling established by the section, $350 mil­ Secretary Packard also states his view that lion, is equivalent to the total expenditures to provide the Service Chiefs wtth "a clear "it would be to our mutual advantage to have programmed by the administration in Laos picture of the operational suitability of a our staffs work out the details of any addi­ for fl.seal year 1972, excluding the normal weapon system for Service use, to include tional information you require rather than and usual expenses of the embassy discussed its principal deficiencies and limitations and make it a specific matter of the law." Ex­ the corrective actions required prior to full below. perience in negotiating with the Department The House conferees are in sympathy with scale introduction into the force." of Defense during the past two years to ob­ the purposes of the limitation and the The requirements of Section 506 are con­ tain such readily available information as House, therefore, recedes. sistent with the reqll'irements established by identification of projected procurement The conferees intend that the $350 mil­ Deputy Secretary of Defense memorandum quantities and costs by year for all major lion limitation should include all assistance­ of April 21, 1971, to the Secretaries of the weapon systems has proven to be unsuc­ related activities in Laos. However, the con­ military departments, which states in part: cessful. "Prior to the Production Decision, the ferees wish to make it understood that it is The House conferees were very much in not the intent to place a ceiling on, or Military Departments will provide the Direc­ tor, Research and Engineering with a.n as­ sympathy with the purposes of Section 506. reduce, funds available for vital non-assist­ The conferees were concerned, however, that ance-related activities in programs which sessment of the test results in terms of the reporting procedure not adversely affect must be carried on irrespective of assistance­ response to the initial questions or issues (associated with development test and evalu­ the validity of the source selection process related operations in Laos, such as the nor­ and not impose requirements which might in mal expenses incurred by the State Depart­ ation, and operational test a.nd evaluation) previously identified. The Deputy Director, some instances have an adverse effect on na­ ment in the operations of its embassy and tional security. The Department of Defense such normal and usual expenses of the em­ Test and Evaluation, will review this assess­ ment and provide an independent recom­ had expressed concern about such reports bassy as would be incurred in peacetime in adversely affecting the position of competing the absence of any military, paramilitary, or mendation to the Production Decision meet­ ing." contractors whose proposals are being evalu­ economic assistance programs of any kind. ated in source selection. The department was The requirements of Section 506 also a.re Reporting of schedules and testing prior to consistent with a later letter dated August also concerned about an adverse effect on the procurement 3, 1971, from the Deputy Secretary of Defense government's negotiating position. To pro­ The Senate bill contained a new general which states in part: vide proper safeguard~. therefore, the House provision, Section 506, which requires the "The objective of the overall operational conferees proposed, and the Senate con­ Secretary of Defense to submit annual re­ test and evaluation effort for any program is ferees accepted, an amendment which pro­ ports on development schedules, procure­ to a.id in providing at major decision points vides that the submission of reports would ment schedules, and operational testing and in the acquisition and development process not be required in those instances where the evaluation (OT&E) for weapon systems for the best information possible a.t that point Secretary of Defense determines that such which funds for procurement are requested. in time as to: the military utility of the pro­ report would adversely affect the source selec­ In addition supplemental reports are re­ spective system; its expected operational ef­ tion process and prior to awarding of con­ quired to be submitted 30 to 60 days prior to fectiveness, operational suitability (includ­ tracts notifies the Senate and House of such a warding of a procurement con tract. ing reliabillty, logistic, and training require­ determination in writing. The amendment The House bill contained no similar pro­ ments) ; need for modifications; and the or­ further provides for the removal of the re­ vision. _ga.nlza.tion, doctrine and tactics for system quirement for a report in those instances The purpose of the Senate language is to deployment. For programs intended for ac­ where the Secretary of Defense determines augment and supplement the CongressionaJ quisition, phases of operational test and thra.t such report would adversely affect the Authorization Data Sheets and the Selected evaluation must be successfully executed in vital security interests of the U.S. and noti­ Acquisition Reports which ha.ve been pro­ a timely manner to provide needed informa­ fies the House and Senate in writing of his vided. in the past, but which have been either tion as required. New acquisition programs reasons for such a determination at least too late or lacking in sufficient detail to requiring DSARC processing, or those which thirty days prior to the awarding of the satisfy the needs of the Congress. Sec,tion are currently in their early stages, will be so contract. 506 will improve this procedure by requiring executed that an initial phase of operational With this amendment, the House accepts that the Congress be provided with addi­ test and evaluation will be accoIIllplished the Senate provision. tional and timely in.formation in support of prior to the major production decision to In summary, the reporting requirements of the major weapon systems proposed for pro­ assist in estimating before that decision sys­ this section hopefully wlll provide the Con­ curement in budget submissions, and also tem operational effectiveness and suitability. gressional Committees with consolldated de­ when the decision to award a contract for In the case of well-advanced or on-going velopment and test data before key decision suoh systems is m.ade. The effectiveness of programs where contract or other binding points, such as the initial major procurement the Congress in the review and consideration arrangements preclude such initial opera­ of budget proposals and of contra.ct a.wards tional test and evaluation prior to the first award of a system, have passed. This is an­ for procurem.ent cxf weapon systems is di­ major production decision, there nevertheless other major step in Congressional efforts to rectly proportional to the adequacy and will be accomplished such initial operational monitor and keep abreast of the acquisition timeliness of informwtion upon which to test and evaluation as early in the acquisition of major weapon systems costing billions of base its judgment. cycle as possible." dollars. November 5, 1971 CONGRESSIONAL RECORD - HOUSE 39559

Use of Los Alamitos Naval Air Station American troops. This requirement of an the pay provisions of the Senate bill. The Section 507 of the Senate b1ll provided that accounting for the missing is consistent with Senate conferees pointed out (1) that the none of the funds authorized by this or any the action by the Congress in Public Law higher basic pays for the lower enlisted and other Act may be used for carrying out air­ 92-129. More than three-fourths of the junior officer grades as contained in the Al­ craft flying operations a.t the United States American servicemen listed by the Depart­ lott amendment have passed the Senate on Na.val Air Station, Los Alamitos, California, ment of Defense as prisoners of war or miss­ two separate occasions during this session until thirty days after the Secretary of De­ ing in Southeast Asia have never been ac­ of Congress; (2) that these increases are sup­ fense has submitted to the Congress a. written counted for by the Government of North ported by the President of the United States; report which "discusses a.nd determines the Vietnam and forces allied with that Govern­ (3) that the volunteer concept is now a firm best use to which the naval a.ir station might ment. national policy and that these increases for be feasibly devoted." Mr. Arends, one of the House conferees, the young men entering the service a.re now The House bill contained no simlla.r while signing the conference report, wished considered essential to the fulfillment of this provision. to be recorded as in opposition to the lan­ objective. However, after extensive discussion, The Department of Defense strongly op­ guage accepted by the conferees which states the House remained adamant. The House posed the provision on the grounds that it that this provision is the "policy of the conferees, however, agreed that should the would delay the valuable use of the military United States" rather than the "sense of additional pay increases of the Senate bill be fa.clllty a.nd could delay the relocation of Congress" as contained in Public Law 92-129. formally submitted as a legislative proposal essential Reserve units. While honoring her obligation as a Sen­ by the administration or passed as legislation The House conferees took the position that ate conferee to uphold the legislation as by the Senate, the House would stand ready the Procurement authorization bill is not passed by the Senate, Senator Smith wishes to give it prompt consideration. the proper vehicle for this provision and that to make it clear that, individually, she does The Senate, therefore, recedes. setting such a limlta.tion in law would be an not approve of the Mansfield amendment Adjustment of Federal civilian pay extremely undesirable precedent. The House even in the modified form in the conference The Senate bill oonta.ined a separate title, had no opportunity to consider the provision. report. Title VIII, unrelated to the general purposes The House conferees are in sympathy with of the military procurement authorization the need for a prompt decision on the use to Pay increases for certain grades of uniformed services bill. The title would have provided com­ be made of Los Alamitos and join the Senate parab111ty pay adjustments for Federal civil­ conferees in urging the Department of De­ Title VII of the Senate bill provided in­ ian personnel with the stipulation that those fense to firm up its plans for the facility. To creases in basic pay and basic allowance for increases shall not be greater than the gen­ this end the conferees request that the De­ quarters, primarily for personnel in the lower eral average of wage and salary adjustments partment of Defense submit a. report on plans officer and enlisted grades, at a total cost of authorized for the private sector under the for Los Alamitos to the Congress prior to any $381,100,000 per year. Economic Stabilization Act of 1970. In es­ action and, if possible, not later than Decem­ The House bill contained no similar pro­ sence, the Senate action is designed to super­ ber 31, 1971. vision. sede the President's decision to postpone the The Senate recedes. In essence, the Senate amendment would next scheduled Federal employee pay increase Termination of hostilities in Indochina provide small additional increases mostly for until July 1, 1972, and to require that in­ The Senate bill contained a provision (sec. enlisted men in lower grades on top of the creases be provided for Federal employees 601), popularly known as the Mansfield substantial pay increases voted by the Con­ at such time, on or after January 1, 1972, Amendment, declaring it to be the policy of gress in Public Law 92-129 as a further effort that wage increases are permitted in the prl­ the United States to terminate at the earliest towards achieving the proposals of the Presi­ vate sector. practicable date all U.S. military operations dential commission on military pay (the The House conferees pointed out that H. in Indochina and to provide for the with­ Gates Commission) to effect an all-volunteer Res. 596, which would have ' rejected the drawal of U.S. mllltary forces from Indochina force. President's delay of the next Federal em­ not later than six months after the date of The House conferees pointed out that the ployee salary adjustment, has already been enactment of this legislation subject to the substantial pay increases provided by Public considered and rejected by the House of release of all American prisoners of war held Law 92-129, which followed a pay increase Representatives. In addition, the matter was by the Government of North Vietnam and earlier in the year for military personnel, also considered by the House Committee on forces allled with that Government. were only enacted by the Congress on Sep­ Post Office and Civil Service, which has re­ The language of the amendment calls for: tember 29 and their impact on recruitment ported a b111, H.R. 10881, the language of establishing a date for withdrawal contin­ and retention has not yet been determined. which ls quite similar to the provisions of gent upon the release of prisoners of war, The House conferees pointed out that the Title VIII of the Senate amendment. Since negotiating for an immediate cease-fire, and Senate amendment would provide small the House had rejected House Resolution 596 negotiating for an agreement to provide for changes in the adjustments ma.de by Publio and has not had an opportunity to complete a series of phased and rapid withdrawals of Law 92-129. For example, the typical E-3 Floor action on H.R. 10881, the House con­ United States military forces from Indochina who receives a pay increase of $157.33 per ferees were of the view that it would be im­ in exchange for a corresponding series of month under Public Law 92-129 would get proper for them to accept the Senate pro­ phased releases of American prisoners of war. an additional increase of $15.50 under the vision. Moreover, the House conferees pointed The amendment is almost identical to a Senate amendment; the typical E-4 who re­ out that a Senate Committee only recently provision on termination of hostillties which ceives a pay increase of $105.50 under Public agreed to report S. 2722, a. blll having the appears in section 401 of Public Law 92-129, Law 92-129 would receive an additional in­ same objectives as the Senate provision and enacted into law September 29, 1971. crease of $16.17 under the Senate amend­ language quite similar to the provisions of Because the House has previously rejected a ment. The House conferees also pointed out H.R. 10881. specific deadline for withdrawal of U.S. troops that the additions of the Senate amendment In view of these circumstances the House from Indochina, the House conferees were were not in the pay proposals originally made conferees, therefore, were adamant in their adamant in their opposition to the Senate to the Congress at the beginning of the year opposition to the Senate language. provision, particularly the establishment of by the administration and that these in­ The Senate, therefore, recedes. a six-months deadline. The House conferees creases could not be justified on the basis of Summary were also of the position that the provision personnel need or any certainty that they The bill as presented to the Congress by would be more properly presented as a decla­ would increase the likelihood of a. volunteer the President included programs totaling ration of the sense of Congress rather than force. $22,188,337,000. The bill as passed by the as the declared policy of the United States. Moreover, it is pointed out that the De­ House totaled $21,252,682,000. The bill as The Senate conferees were equally vigorous partment of Defense in expressing its views passed by the Senate totaled $21,016,442,000. in defending the position of the Senate in on the additional military pay increase con­ The bill as agreed to in conference totals support of the amendment and were ada­ tained in the Senate amendment advised $21,816,870,000. mant in opposing attempts to have t'he pro­ that although it did "concur in the addi­ The figure arrived at by the conferees is vision eliminated from the legislation. tional increases proposed to be provided ln $871,467,000 less than the amount requested After extensive discussion, the conferees Mr. Allott's amendment" it "believed that by the President. a.greed to a compromise which incorporates the pay provisions in the conference report on The House recedes from its disagreement to the major portion of the Senate language. It H.R. 6531 (P.L. 92-129) met the tests of the amendment of the Senate to the title of continues the language which declares the equity and competitiveness." the bill and agrees to the same. provision to be the "policy of the United Thus, since the Department of Defense F. EDW. HEBERT, States." However, it deletes the language set­ views the pay levels established by P.L. 92- MELVIN PRICE, ting the date at "not later than six months" 129 as adequate and as meeting the tests of 0. 0. FISHER, after date of enactment and provides instead equity and competitiveness, and since, by CHARLES E. BENNET!', for withdrawal "at a date certain." any reasonable standard, the levels of pay JAMES A. BYRNE, Also, the conferees a.mended the provision provided enlisted personnel a.re equal to or SAMUEL S. STRATTON, to require an accounting for all Americans better than comparable civilian pay levels the LESLIE C. ARENDS, missing in action who had been held by or House conferees were of the view that the ALVIN E. O'KONSKI, known to the Governnient of North Vietnam additional annual expenditure of more than WILLIAM G. BRAY, and forces allied with such Government, in $380 million for another mllitary pay in­ BOB WILSON, addition to the release of all prisoners of crease had not been Justified. CHARLES GUBSER, war, as a condition for the withdrawal of The Senate conferees vigorously defended Managers on the Part of the Home. 39560 CONGRESSIONAL RECORD-SENATE November 5, 1971 JOHN 0. STENNIS, Committee of the Whole House on the State tary of the Interior to sell certain rights in STUART SYMINGTON, of the Union. the State of California; to the Committee HOWARD W. CANNON, Mr. COLMER: Committee on Rules. House on Interior and Insular Affairs. THOMAS J. MCINTYRE, Resolution 693. Resolution providing for the ByMr_PIKE: HARRY F. BYRD, consideration or House Joint Resolution 946. H.R. 11604. A bill to amend the Internal MARGARET CHASE SMITH, Joint resolution ma.king further continuing Revenue Code of 1954 to relieve employers (with reservations on appropriations for the fiscal year 1972, and of 50 or less employees from the requirement Mansfield amendment) for other purposes (Rept. No. 92-615). Re­ of paying or deposting certain employment STROM THURMOND, ferred to the House Calendar. taxes more often than once each quarter; JOHN TOWER, Mr. COLMER: Committee on Rules. House to the Committee on Ways and Means. PETER H. DOMINICK, Resolution 694. Resolution providing for the By Mr.RANGEL: Managers on the Part of the Senate. consideration of H.R. 11060. A blll to limit H.R. 11605. A bill to establish minimum. campaign expenditures by or on behalf of prisoner treatment standards for prisons in candidates for Federal elective office; to pro­ the United States, and to create an agency EXECUTIVE COMMUNICATIONS, vide for more stringent reporting require­ to hear complaints arising from alleged in­ ETC. ments; and for other purposes (Rept. No. 92- fractions of such standards; to the Commit­ 616). Referred to the House Calendar. tee on the Judiciary. Under clause 2 of rule XXIV, executive · Mr. GARMATZ: Committee on Merchant By Mr.ROE: communications were taken from the Marine and Fisheries. H.R. 11589.- A blll to H.R. 11606. A bill to amend the Vocational Speaker's table and referred as follows: authorize the foreign sale of certain passen­ Rehabilitation Act to provide special serv­ 1262. A letter from the Deputy Director, ger vessels (Rept. No. 92-617). Referred to ices, artificial kidneys, and supplies necessary Office of Management and Budget, Execu­ the Committee of the Whole House on the for the treatment of individuals suffering tive Office of the President, transmitting a State of the Union. from end stage renal disease; to the Com­ report that the appropriation to the De­ Mr. HEBERT: Committee of Conference. mittee on Education and Labor. partment of Agriculture for "Forest protec­ Conference report on H.R. 8687 (Rept. No. By Mr. ROGERS: tion and utilization," Forest Service, for the 92-618). Ordered to be printed. H.R. 11607. A bill to limit U.S. contributions fiscal year 1972, has been reapportioned on a to the United Nations; to the Committee on. basis which indicates the necessity for a sup­ Foreign Affairs. plemental estimate of appropriation, pur­ By Mr. WALDIE: suant to 31 U.S.C. 665; to the Committee on PUBLIC BILLS AND RESOLUTIONS H.R. 11608. A bill to establish a national­ Appropriations. research and development program for the­ 1263. A letter from the Director, Adminis­ Under clause 4 of rule XXII, public development of equipment to enable the phy­ trative Office of the United States Courts, bills and resolutions were introduced and sically handicapped to move about inde­ transmitting a draft of proposed legislation severally referred as follows: pendently; to the Committee on Interstate­ to authorize additional judgeships for the By Mr. CULVER: and Foreign Commerce. U.S. courts of appeals; to the Committee on H.R. 11599. A bill to amend the Social By Mr. JOHNSON of Pennsylvania: the Judiciary. Security Act to provide for advanced pay­ H. Res. 691. Resolution calling for the ship­ 1264. A letter from the Commissioner, Im­ ment for extended ca.re and home health ment of Phantom F-4 aircraft to in migration a.nd Naturalization Service, U.S. services under certain circmurnstances; to order to maintain the arms balance in the­ Department of Justice, transmitting copies the Committee on Ways and Means. Middle East; to the Committee on Foreign Af­ of orders entered in cases in which the au­ By Mr. DANIELSON (for himself, Mr. fairs. thority contained in section 212(d) (3) of DENT, Mr. HOLIFIELD, Mr. ST GER­ By Mr. McCOLLISTER: the Immigration and N-a.J;ionality Act was MAIN. and Mr. SPRINGER) : H. Res. 692. Resolution calling for the ship­ exercised in behalf of certain aliens, together H.R. 11600. A bill to amend the Internal ment of Phantom F-4 aircraft to Israel in with a list of the persons involved, pursuant Revenue Code of 1954 to disallow deductions order to maintain the arms balance in the­ to section 212(d) (6) of the act; to the Com­ from gross income for salary paid to aliens Middle Ea.st; to the Committee on Foreign mittee on the Judiciary. illegally employed in the United States; to Affairs. the Committee on Ways and Means. By Mr. MCCOLLISTER (for himself REPORTS OF COMMITTEES ON PUB­ and Mr. VEYSEY): LIC BILLS AND RESOLUTIONS H.R. 11601. A bill to amend the Internal PRIVATE BILLS AND RESOLUTIONS Revenue Code of 1954 to provide income tax Under clause 2 of rule XIII, reports of simplification, reform, and relief for small Under clause 1 of rule XXII, private committees were delivered to the Clerk business; to the Committee on Ways and bills and resolutions were introduced and for printing and reference to the proper Means. severally referred as follows: By Mr. MINISH: By Mr. JONES of Alabama: calendar, as follows H.R. 11602. A bill to amend the Economic H.R. 11609. A bill for the relief of the Mr. BOLLING: Committee on Rules. House Stabilization Act of 1970, as amended, to estate of Clarence Schrimsher; to the Com­ Resolution 676. Resolution authorizing ad­ direct the President to stabilize rentals and mittee on the Judiciary. ditional investigative authority to the Com­ carrying charges through the period ending By Mr. PETTIS: mittee on Interior and Insular Affairs (Rept. at midnight , 1972, and to authorize H.R. 11610. A bill to provide for the ex­ No. 92-613). Referred to the House calendar. local governments to stabilize such rentals change of certain public land in Napa and Mr. BROOKS: Joint Committee on Con­ and charges thereafter; to the Committee Sonoma Counties, Calif., for certain land gressional Operations. Report on changing on Banking and Currency. within the Point Reyes National Seashore; the Federal fiscal year: testimony and By Mr. PETTIS: to the Committee on Interior and Insular Af­ analysis. (Rept. No. 92-614). Referred to the H.R. 11603. A bill to authorize the Secre- fairs.

SENATE-Friday, November 5, 1971 The Senate met at 10 a.m. and was us strong. When we are ignorant, make EXECUTIVE MESSAGE REFERRED called to order by the President pro tem­ us wise. When we are sinful, grant us pore (Mr. ELLENDER) . forgiveness. Let Thy new life arise in us As in executive session, the President for our soul's sake and the welfare of the pro tempo re laid before the Senate a message from the President of the United PRAYER people we serve. Guide us through this day, reinforce us in our labors, watch States submitting the nomination of The Chaplain, the Reverend Edward over us in our journeying and in the end Ronald S. Berman, of Califomia, to be L. R. Elson, D.D. offered the following help us to lie down in the pace and safety_ Chairman of the National Endowment prayer: of Thy house. And to Thee shall we for the Hwnanities, which was referred O Thou who art eternal and unchange­ ascribe all glory and praise. Amen. to the Committee on Labor and Public able, perfect in justice and truth, we who Welfare. are less than perfect, crave Thy presence MESSAGE FROM THE PRESIDENT and Thy power. Lift us above our limita­ MESSAGE FROM THE HOUSE tions and im})art to our waiting heart..s a A message in wrlting from the Presi­ full measure of Thy grace. Rescue us dent of the United States was commu­ A message from the House of Repre­ from our roving and lead us in paths of nicated to the Senate by Mr. Leonard, sentatives, by Mr. Berry, one of its read­ righteousness. When we are weak, make one of his secretaries. ing clerks, announced that the House had