39512 CONGRESSIONAL RECORD - HOUSE November 5, 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, Japan, Greece, Italy, 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 UNITED STATES 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) . Washington, D.O., November 4, 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 Republic. 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 November 1 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 November 6. 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 August 1970, when the International By unanimous consent, further pro manufacturers in this country 560,000 Coffee Council held its annual meeting, ceedings under the call were dispensed bags of coffee which will be free of the the average price of U.S. coffee imports with. Brazilian contribution quota tax. Based derived from Bureau of the Census data on the information presented to the com had reached more than 46 cents per mittee, it is believed that this action by pound. This was 12 cents above the aver CONTINUATION OF THE INTERNA Brazil will remove the disadvantage age level of the previous 2 years. More TIONAL COFFEE AGREEMENT ACT faced by domestic soluble coffee manu over, failing resolute council action, OF 1968 facturers under the agreement. nothing could have prevented prices Mr. MILLS of Arkansas. Mr. Speaker, The committee did receive objections from continuing their rapid ascent. I move that the House resolve itself into to the United States-Brazil accord on sol In these circumstances the council, un the Committee of the Whole House on uble coffee from a small number of coffee der strong pressure from the U.S. dele- the State of the Union for the considera roasters who do not manufacture soluble gation, took decisive steps to prevent a tion of the bill (H.R. 8293) to continue coffee. These firms were benefited by the repetition of the runaway price situation until the close of September 30, 1973, the competitive situation that existed under of 1954. It fixed. the annual export quota International Coffee Agreement Act of the discriminatory treatment of soluble for the coffee year beginning October 1, 1968. coffee exports from Brazil. The commit 1970, at a level which ensured that there The SPEAKER. The question is on the tee is satisfied that the agreement on sol would be adequate coffee to satisfy antic motion offered by the gentleman from uble coffee if carried out effectively, is to ipated world demand. Arkansas. the interest of the U.S. coffee trade as a These decisions succeeded dramatical- November 5, 1971 CONGRESSIONAL RECORD - HOUSE 39517 ly. Prices leveled off at once. And from Mr. MILLS of Arkansas. Mr. Chair to help themselves-it is preferable to January 1971, when coffee purchased in man, I yield myself 2 additional min that type of foreign aid that comes en the new coffee year began flowing into utes. tirely from expenditw·es out of the Fed the United States in substantial quan The fact is that the price of coffee did eral Treasury. They, too, I think, prefer tities, the average imported price de not start downward in 1971 until there this to other methods. clined steadily. Last month the average was a change made by the Coffee Coun Mr. MONAGAN. Mr. Chairman, will price of imported coffee was slightly over cil in the quotas of coffee coming into the the gentleman yield? 39 cents per pound. That was a healthy United States. If Brazil, the cause of the Mr. MILLS of Arkansas. I yield to the turnaround of over 7 cents per pound drop, was unable to ship us the amount gentleman from Connecticut. in a brief period. of coffee that they were permitted to Mr. MONAGAN. Is this not similar, in Although roasted coffee prices incor under the quota, we could have obtained theory at least, to our farm program porate many cost f aetors beyond the in that coffee from other sources. Of course, here dome.stically by which we seek to fluence of the Coffee Agreement, retail we could have done that had there been keep the level of the income to the coffee prices have reflected the same no agreement whatsoever involving cof farming community rut a reasonable favorable trend. The recent crest-in cof fee. I am not alleging, by any stretch of level? fee prices was reached in November 1970, the imagination, that the agreement it Mr. MILLS of Arkansas. Actually, I when the Bureau of Labor Statistics self is the entire factor having to do with think it could be so compared to the found that the average price of a 1-pound the price of coffee. I thought I made that sugar quota. But the difference in the can was 96 cents. Since the time the clear in my statement. If I did not, I coffee agreement on prices and the sugar average re-tail price declined for 8 consec intended to. quota legislation is that sugar has gone utive months before rising slightly- What I was trying to do was show up all the time while coffee has gone 1/10 cent per pound-in August. Over under the same crisis-supply situation in down during this year. that 8-month period the price of a 1- 1954 and in 1970 and 1971 the difference Mr. HALL. Mr. Chairman, will the pound can declined by over 3 cents per· in the behavior of the price of coffee to gentleman yield? pound, moving downward when food the consumer when we had the coffee Mr. MILLS of Arkansas. I yield to the costs as a whole were rising sharply. agreement and when we did not have the gentleman from Missouri. Let us compare the record of 1970 coffee agreement. Mr. HALL. All of us have received from retail coffee prices with the comparable My contention is that the coffee agree the World Coffee Information Center a situation in 1954. In August of 1954, the ment itself had a lot to do with that dif letter dated October 13 and a well American housewife paid a record $1.23 ference in some 27 cents in the price of prepared brochure. I am a little bit con for a 1-pound can. And the average price coffee to the consumer during these two cerned about the constant statement for the entire year was over $1.10. The supply crises. that the price of coffee has gone down, difference between the peaks in the retail Mr. LONG of Maryland. Mr. Chair especially since 1963, or even relatively price between 1954 and 1970 was there man, if the gentleman will yield further, since 1954. fore a remarkable 27 cents per pound. when I was in Colombia a couple of The CHAffiMAN. The time of the I submit that the effectiveness of the months ago, I found that they feel very gentleman from Arkansas has again ex agreement in achieving greater 'price strongly that this coffee agreement is a pired. stability is quite clear. Mr. MILLS of Arkansas. Mr. Chair In my view, Mr. Chairman, these great thing for them. man, I yield myself 2 additional minutes. statistics demonstrate that the Inter Mr. MILLS of Arkansas. It is. The CHAIRMAN. The gentleman from national Coffee Agreement has justified Mr. LONG of Maryland. And it is pos Arkansas is recognized for 2 additional the faith of this Congress. The agree sible that, if we got out of coffee stabili minutes. ment has proven its ability to control zation very suddenly, such action would Mr. MILLS of Arkansas. Mr. Chair excessive price swings so harmful to both have a drastic impact upon the economy man, I was not talking about that period producers and consumers. At a time of that country. of time. I was talking about the period when we are waging an all-out campaign Mr. MILLS of Arkansas. That is what in 1954 and 1970 and 1971 when I talked against inflation it is helpful to know they tell me. in terms of coffee prices going down. that we are a party to an agreement Mr. LONG of Maryland. But I could Mr. HALL. Mr. Chairman, if the which steadies the price of our largest not help but reflect upon the fact that gentleman will yield further, I appreciate agricultural import. we would pay much higher prices for the gentleman's statement, but I am still Mr. LONG of Maryland. Will the Colombian coffee if not for this coffee concerned, and my real concern is for gentleman yield? agreement. In a way, this is foreign aid the consumer. Mr. MILLS of Arkansas. I yield to the and it amounts to a great deal of money. It is true that in the period of 1970 to gentleman. I also could not help feeling that this 1971 insofar as I know-and the gentle Mr. LONG of Maryland. I would not is one of the things which keeps coffee man has supplied additional information want to challenge the gentleman's state producing countries from moving out of on that-the price of imported green ment that the coffee agreement has been the production of coffee into the produc coffee has gone down slightly to the figure of some value in stabilizing coffee prices. tion of other types of products such as that the gentleman stated, 79 cents a However, I think that the experience oranges, flowers, and other things. This pound, but there has been a constant rise worldwide shows that such stabilizing is what they must do eventually-get all during that period of time in the cost agreements stabilize the price upward. away from a one-crop economy. But they to the consumer. In other words, the The gentleman has, of course, shown would not do it until they have to. And as cost of a 1-pound can. the price has gone down historically. I long as we keep their coffee prices up, It was relatively about 76 cents in 1969. wonder if he would claim that the ex they do not have to. It went up in 1970 to over 90 cents, and istence of the coffee agreement is the Mr. l.\IlLLS of Arkansas. Actually, has had a continuous climb since then. only reason why coffee prices have had there are some 40 countries involved in I realize the value of stabilizing the a long-term trend down and whether it the international coffee agreement. I largest import of foodstuff that we have is not due to the fact that the very high think the price stability thaJt the agree in the United states. I can even under price of coffee caused a tremendous in ment on coffee accomplishes does a great stand why we might want such an ar crease in the production of coffee world deal to stabilize the economies of these rangement when they have a big killing wide in many countries and also that countries. frost and/or drought down there in order there has been a tendency for the high One must bear in minod that none of to insure continuing importation. I could price of coffee-and coffee has been these countries are fully developed eco even understand that we might, by some high in price even though it might have nomically. All of them are underdevel odd reasoning down in the state Depart been going downward-to make many oped countries. However, I deny the fact ment, want such an arrangement so that people economize on it and use less of that this is a form of foreign aid. But if we continue to pay high prices when they it and shift to other types of beverages. it is, it strikes me as being preferable are actually dumping coffee offshore of The CHAIRMAN. The time of the to other types of foreign aid when we Sao Paulo, Brazil, or elsewhere, when gentleman has expired. enable the people there to do something they have an oversupply. But for the life CXVII--2486-Part 80 39518 CONGRESSIONAL RECORD - HOUSE November 5, 1971 of me I cannot understand why we keep man, if you are going to look at the riod of time, and that is due to our own on talking aibout decreasing costs of cost of coffee to the consumer in this inflation in the United States. It is not coffee when in the World Coffee Informa country, it is important to look at the a reflection of the increase in the import tion Center themselves, both by graph inflationary impact of increased costs price of green coffee. The agreement re and by word, admit we are paying a lot attributable to the processing of coffee. lates only to green coffee--not retail cof more for coffee on your imports of green I think it is important to note that the fee. This clearly shows that. coff ee--and I grew up in a coffee import retail price increases for coffee have Mr. HALL. I accept that in part, on the ers, blenders, and distribution factory, I been less than the price increases of all basis of the gentleman's expertise for might say to the gentleman, from the other commodities, despite these in 1970, to the period under the date. great Southwest--but still the price to creased processing costs. But also if you go on with the graph, the consumer has gone steadily up since Insofar as the coffee agreement is re in 1963, from the time we entered the 1963 from a low of 65 cents a pound to the lated to present prices, I believe we have International Coffee Agreement. price quoted by the gentleman of 96 cents to recognize that coffee presents a more Mr. MILLS of Arkansas. It was in 1968. at this time. salutary situation than exists with many We did not enter the present agreement Mr. MILLS of Arkansas. I am pointing other commodities. until 1968. out to the gentleman the situation that Mr. MILLS of Arkansas. Actually, if Mr. HALL. I can remember when we existed prior to this agreement because I may further answer the gentleman debated it here in 1963 for a long time, you find greater fluctuations within the from Missouri, with respect to the agree and approved it. AnyWay, on raw coffee, period prior to the agreement, and you ment and its effect on prices, we must if you draw a line from 1963 to 1966, the find less fluctuations in prices during the bear in mind that the agreement only trend gradually increases and does not period of time that we have had the pres relates to the price of raw coffee, that decrease in both cases on the imports of ent agreement, since 1968. is the green coffee. The retail value that green coffee and the cost to the con Let me give the gentleman this infor is charged in the retail store may reflect sumer. mation to go along with the information a whole lot more than just this store's Mr. MILLS of Arkansas. Let me that he has produced. price of raw coffee, because there is some correct that. It was not 1963, it was During the preagreement period the domestic markup, the domestic process 1968--but actually the first agreement cost of the coffee market price fluctuated ing and the domestic distribution costs effective date, as I recall, started in 1964. from-and this is green coffee we are and you and I know that there have l\,Ir. GROSS. No; it was started in 1963. talking about-from 24 to 65.7 cents. been increases in the cost of processing Mr. MILLS of Arkansas. Yes; started That is a fluctuation of 41.7 cents. coffee just as there have been increases legislation in 1963, but we did have the In the postagreement period the range in the cost of processing practically act of 1968 for the second agreement. has been between 30.3 and 44.4 cents, or everything else. That is what the confusion is about. a difference of 14.1 cents. Mr. HALL. The gentleman makes a I thank the gentleman. Now, it is this range of 14.1 compared valid point. But to give an interpretation Mr. Chairman, I reserve the balance of to the range of 41. 7 that I have been try and analysis, what we are seeing is that my time. ing to point out in what I have said after we have the agreement, just as we The CHAIRMAN. The gentleman from earlier. likened the situation a while ago to farm Arkansas has consumed 25 minutes. Mr. HALL. I do appreciate that, if the prices, or let us say to dairy marketing Mr. BYRNES of Wisconsin. Mr. Chair gentleman will yield further, and again orders, as soon as we get in it, the floor man, I yield 10 minutes to the gentleman they have a beautifully drawn bar graph becomes the ceiling and what happens from Illinois (Mr. COLLIER) a member of on the reverse side of this World Coffee is the producer who works, and many the committee. Information Center brochure, but there others, as in the case of eggs or in the Mr. COLLIER. Mr. Chairman, I was is one thing that keeps gnawing at me, case of dairy products, we may actually the only member of the Ways and Means and that is the cost to the consumer, plus lower the prices relative to other foods, Committee who voted against this bill in the fact that I used to see coffee im but it does not get back to the guy who committee. I did so because I very can porters call the New York Importation puts in the sweat and takes the risk. didly feel that this legislation is in fact Center, long before the days of this Goodness knows, this has happened there back door foreign aid which is :financed agreement, and this was in the days and I am afraid with this coffee agree out of the average housewife's grocery when we did not use the long-distance ment this exact same thing is happening budget. With all due respect to my telephone, they did it either by telegraph to the consumer as prices are going up, chairman, I cannot find a sound parallel or by day letter, and they in turn would because of the markup and not because to what was the situation in 1954 and call the Port of New Orleans. A price of the cost of the import. that of today. would be fixed, an upset price would be But be that as it may, it may not get Mr. LONG of Maryland. Mr. Chair established. And I think the gentleman back to the person who deserves it in man, will the gentleman yield? from Arkansas knows that the coffee im the first place and we are actually sub Mr. COLLIER. I yield to the gentle portation business was one of the most sidizing the intermediary or the trans man from Maryland. reckless gambles and dangerous things shipper. Mr. LONG of Maryland. The gentle that a man could get into, and men were Mr. MILLS of Arkansas. If the gentle man is making a valid point. The im made or they were broken almost over man will look at the brochure from the portant question here is not whether the night, depending on what they had on World Information Center at the charts cost of coffee has gone up or down oYer hand and depending on when a particular on the inside, there is a title--"United the years. There is no lack of economic ship might land, and which port it went States Spread Between Value of Green factors to explain these long-term trends. to and what the upset market price was Coffee Imports and Retail and Retail The really important point is this: Are established at, and so on. Prices of Roasted Coffee, 1950-71." It is we not paying a lot more for our coffee Mr. MILLS of Arkansas. One of the demonstrated on this chart that as the as a result of this coffee agreement, big factors was this big variation in price of green coffee went down at the which restrains production and inter prices, it either broke them or made back there, the heavY brown, the lighter feres with the free flow of the coffee into them rich. brown, the retail price, was goin.g up. the United States except under rigid Mr. HALL. But the gentleman would I am talking of prior to the beginning quotas? not have anything to say about the of the year 1970, if you will notice at the The gentleman has put his :finger on climbing and increasing prices, and the peak there, just over 1970, there is a de the essential point. This coffee agree fact that the minimum average of the cline in the import value. ment is basically foreign aid to coffee consumer price has gone up from 1963 Mr. HALL. I will say to the gentleman, producing countries like Colombia, Bra to 1971? that is exactly what I was referring to. zil, and others. We are helping them to Mr. MILLS of Arkansas. I will yield Mr. MILLS of Arkansas. I know, but stabilize their economies at the ex to the gentleman from Wisconsin (Mr. that is the point of the agreement. If you pense of the average American con BYRNES) if he desires to reply. look at the price of a 1-pound can, the sumer, the housewife. We ought to get Mr. BYRNES of Wisconsin. Mr. Chair- price has gone up during that same pe- some credit for it. It does not go into our November 5, 1971 CONGRESSIONAL RECORD-HOUSE 39519 foreign aid figures at all. Yet it belongs cartel-and that is exactly what the export picture even approaches such there, to the tune of hundreds of millions Coffee Agreement Act has done-the cost importance. of dollars a year. has continued to rise, moving from about Clearly then, the economic health of Another aspect I think is equally im 76 cents a pound in 1969 to $1 a pound a good part of the world is linked to portant. I am not sure we are doing the today. I am convinced from data avail coffee. The agreement has attempted to economies of the producers of coffee any able to me that the coffee agreement has safeguard this health by providing price good in the long run, because we are en resulted in the American housewife pay stability at levels which are fair to both couraging them to postpone getting out ing about 15 oo 20 cents more per pound producers and consumers. I believe it has of the product of coffee. They will admit for coffee than she would if we were op generally succeeded in fulfilling that to you when you are there, as I was, that erating in a free market where supply goal. And in the process it has helped they must produce less coffee and more and demand would determine the price. give to the developing countries of Latin of other products. Too much of their land We speak of free trade on the one America and other areas the kind of pre and other resources are in the production hand as a means of contributing to bet dictability so necessary to effective plan of coffee. ter international relations, but I doubt ning and sound policy decisions. In the long run they would make more whether there is any evidence that this But there is an even more compelling money on other crops-like strawberries, is really the case. It is my considered argument in favor of our continued im oranges, flowers, and so on. opinion that if we were to treat coffee plementation of the ICA, and that is our on the world market as we do other own export trade. All of us are very anx Mr. COLLIER. I share the gentle ious to improve the U.S. trade balance. man's judgment and appraisal of the products, rather than make it uniquely controlled, the participating nations, But this is an interdependent world. We situation before us today. I think it is will not be able-or willing-to sell our significant that from 1963, when we ac both the importers and the exporters, would be better off in the long run. goods to our Latin neighbors unless they tually entered into the Coffee Agreements have the foreign exchange to pay for Act, even though the implementing legis Admittedly we might run into some temporary resentment on the part of them. And, as I have already pointed lation was not until 1965, that the price out, coffee is their biggest foreign ex of coffee in this country did in fact rise, certain exporters if we did not renew the coffee agreement, but much more im change earner. Last year, the United notwithstanding the alleged or an States exported over $4.7 billion worth nounced purpose of the Coffee Agree portant, I would say, is what has been and is the situation as a result of the of goods to the 14 principal Latin Ameri ments Act was to stabilize prices. Per can coffee suppliers. Many of these coun haps they have stabilized prices, but it imposition of the 10-percent import sur charge on other commodities. tries paid for their U.S. goods largely would appear from the long-range review with dollars earned from their coffee of these prices that it did stabilize them If these a.greements are temporarily trade with us. For example, in El Salva upward. renewed today, I hope and trust Con dor, Guatemala, and Colombia, more Presently, contrary to what the aver gress will make a real in-depth study to than half of our exports were paid for by age person might think, there is and will remedy the situation in the near future. coffee; in Brazil, that proportion was remain a substantial stockpile of coffee, After all, coffee is not a necessary item more than a third; and two more coun so that this provides a built-in protec in terms of nutrition or of dietary re tries-Ecuador and Costa Rica-fi tion today against any lean years which quirements in this country, so the law nanced about a quarter of our exports might otherwise create the type of situa of supply and demand would replace the with coffee. tion that existed in 1954. In fact, as of present international coffee cartel. I am In conclusion then, I feel convinced September 30, 1963, the world carryover sure that if this does develop, it will be that our support for an orderly coffee of stocks of coffee was estimated at about the American housewife who will be the market is not only necessary but also in 68 million bags. In 1970, for example, beneficiary rather than the exporting our own enlightened self-interest. Not Brazil, the No. 1 exporter of coffee under members of the International Coffee only is it in our political interest to the Coffee Agreements Act, had an excess Council. assist these countries' development pro in production of 21.9 million bags. Brazil Mr. MILLS of Arkansas. Mr. Chair grams by insuring a more nearly stable during the same period exported 17 .7 mil man, I yield 5 minutes to the distin flow of exchange earnings from coffee, lion, which means, obviously, that there guished gentleman from Florida (Mr. but our economic interest in an expand was a substantial surplus from their pro FASCELL). ing trading system is also served. duction which went into a stockpile and Mr. FASCELL. Mr. Chairman, I would For all these reasons, I strongly urge which would provide protection against like to add a few words in support of this a favorable vote on this important leg any sharp fluctuation in prices such as legislation and to review how important islation. was experienced in 1954. it is to so many developing countries. We Mr. Chairman, there is talk about this Tracing the history of the Coffee are the largest single consumer of cof being backdoor foreign aid. This is too Agreement Act, I think it is necessary to fee-more than one-third of all the simple an analysis. Coffee country ex understand that the prime purpose was world's imports last year. Whatever we ports do indeed earn dollars. But what to alleviate these fluctuations which were do--or fail to do-has an enormous im do they do with their dollars? Last year generally the result of surpluses or over pact on the livelihood of millions of fam they bought $4.7 billion worth of Ameri production. However, if stabilized prices ilies in the under-developed world. I do can products. So this becomes a two-way mean the kind of increases that we have not believe the U.S. Congress can take street, economically beneficial to the witnessed in the cost of coffee in recent such a responsibility lightly. United States and the coffee producing years, it becomes evident that the bene It is our Latin American neighbors countries. ficiaries are the exporting countries, and who are the main suppliers of coffee, pro Mr. LONG of Maryland. Mr. Chair certainly not the importing nations viding about two-thirds of both United man, will the gentleman yield? of which the United States is by far the States and world supplies. What happens Mr. F ASCELL. I yield to the gentle largest. to coffee is of critical importance to man from Maryland. Furthermore, the largest exporter of them. Many of them are dependent on Mr. LONG of Maryland. That is, of coffee, who undoubtedly receives the this single crop to an extent that is dif course, the same argument given for our greatest benefits, is Brazil, and that is ficult for an American to comprehend. foreign aid, to give foreign aid to other the one nation that has repeatedly Last year Colombia earned 66 percent of countries because they spend the money flagrantly violated the coffee agreement its foreign exchange from coffee; El Sal back in the United States. When we give over the years. Brazil has been guilty of vador almost 50 percent; and even an the money to Americans, do they not also gross discrimination in its own practices economy as large and growing as Brazil's spend it in the United States? When we notwithstanding, as I said, that the Bra still depended on coffee for 37 percent of give the money to Americans. We get zilians were the No. 1 beneficiary of the its export earnings. In fact, seven Latin both the goods and the money. coffee agreement. American countries derived more than 20 Mr. FASCELL. The concept of diversi The fact of the matter is, by having percent of their foreign exchange rev fying crops, is also an oversimplification. created what is an international coffee enues from coffee. No item in the U.S. Diversification in many cases means pro- 39520 CONGRESSIONAL RECORD - HOUSE November 5, 1971 duction of agricultural products which to cut 2.5 million 132-pound bags off of even for the members of the Ways and would compete with U.S. agricultural the supply of coffee. Means Committee, to figure out what products in the U.S. market. Coffee does Mr. Chairman, it is almost impossible lies ahead for the housewives of this not. for me to believe that in the situation country and their falnilies. Mr. MONAGAN. Mr. Chairman, wili existing in this country today-with Could it be that the coffee gang in the gentleman yield? wage and price controls being clamped London, in their meeting on or about Mr. FASCELL. I yield to the gentle on, with inflation chewing us up, and the August 30 of this year, had in mind some man from Connecticut. high costs of living-that the Ways and settlement of Brazil's extension of its Mr. MONAGAN. I want to compliment Means Committee would have the nerve, territorial limits to 200 miles out on the the gentleman from Florida, the chair if not unmitigated gall, to bring this leg- high seas? Is this coffee-price raid on man of the Inter-American Affairs Sub islation to the House floor. American consumers to be a continuing committee of the Committee on Foreign This innocuous-appearing bill has for payoff for a glorified form of blackmail? Affairs, for pointing out the internation its purpose a further increase in the price ' Mr. Chairman, few subjects have had a al implications of this agreement, wholly of co:tree and that means more millions more checkered career in the House of apart from the economic considerations. filched from the pockets of American Representatives than this bill before you At this time, when there is a tendency consumers. here today. It was with obvious reluc- in some quarters in Latin America to Yes, this is another foreign aid hand- tance that the gentleman from Arkansas say we are not assuming responsibilities out bill by courtesy of the Ways and November 19, 1970, the Folger the General Accounting Office to explain Mr. BYRNES of Wisconsin. Mr. Chair Coffee Co., one of the Nation's largest the basis for their criticism. man, I yield 10 minutes to the gentleman distributors, informed Mr. MILLS that And what did the GAO report say in from Iowa (Mr. GRoss) . "prices of coffee are unreasonably high its report? Let me quote a few excerpts: Mr. GROSS. Mr. Chairman, I want to today"; that "world supplies of coffee The !CA-International Coffee Agree understand our friends around the world, h~ve been plentiful all along and the size ment-has functioned to increase prices and too, if we have any, but first of all I am of the increases in prices is unwar to transmit foreign aid rather than to sta here to represent the people of the 'I'hird ranted." bilize prices. District of Iowa and this country, and Despite a 25-percent increase in the Again the GAO said, and please listen not the Brazilians and Colombians, plus size of the Brazilian coffee crop and an carefully: the rest of the coffee producers around abundance in storage, the price con It is interesting to note that the !CO-In the world. Nor am I so much interested tinued to rise, but then what happened? ternational Coffee Organization-has esti in the importers of coffee. I am interest Two weeks after President Nixon threw mated that, without the coffee agreement, ed in the consumers of coffee in this his wage and price freeze into effect last coffee prices would have fallen to one-halt country. August 14, the international cartel in their 1966 levels. Before we get through here this after London, apparently with the approval And the GAO indicated its estimate noon, before this goes to a vote, I should of the State Department, voted for new of the fall in price was conser.vative. like someone to tell me why our U.S. rep and more restrictive quotas on exports Then this from t.he GAO: resentatives went to London on August which will have the effect of still further It is our understanding, from discussions 30 or :n of this year and voted to cut the increasing prices. with State Department officials, that the past year's quota of export coffee from A limitation on export quotas in 1969- United States does not view the ICA a.s a 49 % million bags to a quota this year 70 produced a rep0rted 41-percent in permanent arrangement. Apparently there is of 2 % million bags less, or 47 million crease in the price of green coffee and some doubt that a third ICA will be neces bags. with the newly approved reduction of sary. I want somebody to tell me why it is in 2% million bags-from 49% to 47 million What could have been more pertinent the interest of the people of this country bags for export-it ought not to be hard, to the Ways and Means Committee and November 5, 1971 CONGRESSIONAL RECORD -HOUSE 39521 to Members of the House in considera away with slamming the door on the ex he used. He did not cite the source of tion of what we have before us today ports of poultry farmers in Arkansas, his figures when he said that someone than a hearing and testimony on the rec Iowa, Georgia, and Alabama-to name had estimated that the United States ord with regard to the GAO report that only a few. has paid a ''tribute" to the extent of $900 without the international cartel coffee Mr. Chairman, the consumers of coffee million in the calendar year 1970 in the prices would have fallen to half their in this country have already been vic increased price of coffee. The Depart 1966 levels? And who in the State De timized for too many years. This is the ment of Commerce figures for calendar partment does not view the cartel as per time to call a halt. year 1970 show that the total value of manent? Mr. MILLS of Arkansas. Mr. Chair coffee imported was only $1,159,533,194. Apparently Mr. MILLS, despite his man, will the gentleman yield? It would be difficult to believe that there backing and filling of the past on this Mr. GROSS. I will yield first to the was a "tribute" to the extent of $900 :mbject, is willing to again, and for an gentleman from Arkansas (Mr. MILLS), million, which represented increased other 2 years, throw American consum and then I will yield to the gentleman prices in there. ers to the tender mercies of the planta from Louisiana (Mr. WAGGONNER). So I just wanted the gentleman to tion owners in Latin America and the Mr. MILLS o! Arkansas. Mr. Chair know that the figures are not really ac Zaibatsu in London. man, I am sure the gentleman from Iowa curate. Try to smile it off if you will but this has a copy of the GAO's report with him? Mr. GROSS. Mr. Chairman, will the coffee trade involves some $3 billion a Mr. GROSS. Yes, I do. gentleman yield? year and it has been estimated by some Mr. MILLS of Arkansas. Would the Mr. WAGGONNER. I am happy to sources in the coffee trade that Ameri gentleman turn to page 66, please. That yield to the gentleman. can consumers paid a tribute, through is appendix 8. I want the gentleman to Mr. GROSS. I am sure that the New increased prices, of $900 million in 1970 analyze this just a little bit because he Orleans Coffee Association, which I un and they are expected to pay through seems to have so much difficulty with the derstand is opposed to this agreement, the nose by an even larger figure in this statement made by the GAO. could give the gentleman all kinds of year 1971. The GAO says that in calen Will the gentleman please explain to figures. I believe you are a member of dar year 1970, U.S. coffee assistance me what this means: the Committee on Ways and Means; is amounted to $640 million and empha 2. World demand that correct? sized that figure is conservative. Log E=l.88-.253 log P+.751 log Y Mr. WAGGONNER. Yes. Mr. Chairman, according to the latest (3.2) (-3.2) (5.8) Mr. GROSS. If you had used your not report by the distinguished gentleman R 2 =.941 DW=2.40 unusual influence upon the chairman to from Louisiana (Mr. PASSMAN), chair get a hearing on this subject and get man of the Appropriations Subcommit Mr. GROSS. Mr. Chairman, I will say to the gentleman from Arkansas that he the New Orleans Coffee Association and tee on Foreign Operations, this Govern had an excellent opportunity in the pe the Pacific Coast Coffee Association in-I ment has shoveled out $2,738,200,000 in think they could have helped you with foreign aid to Brazil and $1,119;400,000 to riod in which this bill has been kicking around, or between last December, when some of your questions. Colombia, two of the principal coffee ex Mr. WAGGONNER. Perhaps if the porting nations. I doubt that any of the the 6-month extension was put into ef fect to this date, to secure that informa New Orleans Coffee Association was in revenue from these rigged coffee prices tion. terested in making a protest, they should is included in those figures. have come to me as a member of the The CHAffiMAN. The time of the gen Mr. MILLS of Arkansas. I have asked committee rather than to the gentleman tleman from Iowa has expired. the question of the people down town, from Iowa. Mr. BYRNES of Wisconsin. Mr. Chair and they cannot explain it. Mr. GROSS. The gentleman had an Mr. GROSS. They did not come to me. man, I yield 3 additional minutes to the Mr. MILLS of Arkansas. The gentle gentleman from Iowa. excellent opportunity to call them in to man talks in terms of no hearing. It is Mr. GROSS. I thank the gentleman explain what that means. impossible for the chairman of any com for yielding me the additional time. But let me call the attention of the mittee when he announces a legislative Mr. WAGGONNER. Mr. Chairman, gentleman to page 51, where the GAO hearing to force anybody to come in to will the gentleman yield for one mo says that had it not been for this cartel testify. We announced hearings and no ment? the price of coffee would have been re body wanted to testify, which would in Mr. GROSS. I will yield to the gen duced by half of the 1966 level. dicate to me that the gentleman from tleman from Louisiana as soon as I have Mr. MILLS of Arkansas. But I want the Iowa is seeing far more damage in this finished my statement. gentleman from Iowa to please share proposition than anybody-consumers, On November 14, 1963, when this with me his explanation of what this processors, or growers-see in it. racketeering coffee agreement was first means. Mr. GROSS. I know that I am paying brought to the House floor by the gen Mr. GROSS. I do no~ know whether in some places 25 cents for a cup of coffee tleman from Arkansas and his commit that applies to coffee or to sugar. and the price is up to 50 cents for a cup tee, I pointed ·out that there was a lot of Mr. MILLS of Arkansas. It pertains to of coffee in others. The price of a cup of weeping for foreign coffee growers, but coffee. · coffee right here off the House floor is 15 not a soul shedding tears for the plight Mr. GROSS. They are both contained cents a cup. of the American farmer. I said then: in this report. Mr. MILLS of Arkansas. That is not Oh, no, there are no bleeding hearts for Mr. MILLS of Arkansas. But appendix due to the price we pay for green coffee. American farmers. Instead you seek to ini 8 has to do with coffee. Mr. GROSS. The operators' prices have tiate here today another and new foreign Mr. GROSS. But you had an excellent tripled since the coffee agreement on her giveaway program ... to be financed by opportunity to call them in and find out wholesale purchases. American consumers. It ls to be piled on top what this is all about. of the mlllions upon mlllions of dollars Mr. MILLS of Arkansas. But it is not that go into Latin America every year Mr. MILLS of Arkansas. I have had due to the price of green coffee. through the Alliance for Progress and other discussions with them, and they cannot Mr. GROSS. Don't you believe it. such programs and devices. Now you want explain it, and I thought maybe the gen Mr. BYRNES of Wisconsin. Mr. to compound the felony of the giveaway pro tleman could. Chairman, I yield 5 minutes to the gen gram . . . more foreign aid through higher The CHAIRMAN. The time of the gen coffee prices. tleman from Washington (Mr. PELLY). tleman from Iowa has again expired. Mr. PELLY. Mr. Chairman, I wish to I think that if I were a presidential Mr. WAGGONNER. Mr. Chairman, indicate my firm intention to vote candidate, instead of trying to popularize will the gentleman yield? against H.R. 8293 because I am OPPC>Sed the 25-cent cup of coffee in America Mr. MILLS of Arkansas. I yield to the to the continuation of the International through an international cartel, I would gentleman from Louisiana. Coffee Agreement. be trying to find out from Foggy Bottom Mr. WAGGONNER. Mr. Chairman, My opposition is due to the fact that officials and others how certain foreign I would not want the gentleman to be many Latin American countries who governments in the Common Market got inaccurate in some of the statistics that benefit from this agreement have been 39522 CONGRESSIONAL RECORD - HOUSE November 5, 1971 seizing and fining U.S. vessels on the high Ecuador capturing fishing vessels from menting legislation, which expired on seas and on water which W1der interna the gentleman's area. It is interesting to June 30, 1971. tional law are not Wlder the sovereignty note that one of those vessels, the Eser The United States carries a strong and of any such nation. It hardly seems alda, I believe it was called, was given to important commitment to the Interna equitable that the United States should Ecuador or loaned to Ecuador by this tional Coffee Agreement and to the in participate in arrangements which are of country. This is another incident where strumentality which it has evolved dur tremendous value to the coffee-growing our foreign aid works against us. ing the 9 years since its formation. The countries of South America when many Mr. Chairman, I thank the distin fact that this country is the consumer of them, over many years, have illegal guished gentleman for yielding. for over one-third of the world's coffee ly seized our fishing vessels and sub Mr. PELLY. I will say to the gentleman production naturally gives it a leading jected them to heavy fines. Only this that these tuna vessels do not come from role to play in determining what hap year Ecuador, as an example, has seized my district--they come from the United pens to the world coffee market from and fined our tuna vessels for fishing on States. That is why I am here as a mem year to year. As a party to the ICA we, the high seas beyond their 12-mile limits ber of the Fish and Wildlife Conserva ailong with 61 other producer and con in excess of $1.3 million. tion Subcommittee. sumer nations, have disciplined ourselves Recently the House passed a bill of Mr. CARTER. Certainly, and I am on to attaining a reasonably stable system mine which would tighten up the Fisher your side. for the marketing of coffee, with a re men's Protective Act so that the amounts Mr. GROSS. Mr. Chairman, will the sultant constancy of supply and price of these fines would be deducted from gentleman yield? benefiting consumers, processors, and any allocation of money under our for Mr. PELLY. I yield to the gentleman. producers alike. The International Cof eign aid program. Pending the outcome Mr. GROSS. I was trying to get the last fee Agreement over the years, by creat of this legislation in the Senate I have report of what is going on down in Latin ing a :flexible system of controls which refrained from offering amendments of America with respect to the situation seek to balance supply and demand, has a similar nature to other bills in which which the gentleman alludes to. I called clearly helped to stabilize a market which Latin American countries have an inter the State Department this morning, the previously and traditionally has been est. However, I am frank to say, Con Bureau of Latin American Affairs. They subject to wild price gyrations, delete gress should tighten the antiseizure pro report that talks took place from October rious to all concerned. visions of the Foreign Assistance Act and 25 to October 29 this year. At this time, the President needs the the same is true of the sugar quota bill. They were "exploratory" talks and authorization H.R. 8293 provides to im Originally I thought I would try to everything was going fine until a certain plement our commitment to the agree amend the International Coffee Agree Representative PELLY issued a statement ment through September 1973. The high ment but, perhaps mistakenly, I am con that Congress would never pass a coffee visibility of our commitment--if there strained to delay such action W1til I extension act until some progress in the were no other reasons--argues for the know the outcome of any bill to tighten talks had been made. United States to be very meticulous in the Fisherman's Protective Act. So I am The Brazilians then stated that this fulfilling it, especially in these times not offering an amendment today. put them in a bad position because if the when the fabric of international coopera Mr. Chairman, notwithstanding that 1 talks with respect to the extension of tion must be woven even more carefully if am not offering an amendment, I again their territorial limits and fishing rights numerous current issues are to be re repeat, I am not going to support this and the Coffee Act were linked up in the solved constructiv~y. legislation as long as Latin American minds of their people, the people would There are several features of the Inter countries arbitrarily claim sovereignty believe the Government had sold out on national Coffee Agreement which are for 200-miles beyond their shores. I know the 200-mile limit to get the Coffee Act particularly valuable to the American that Brazil and the United States are passed. consumer. During periods of normal cof holding what is termed "preliminary dis So the talks were called off, and the fee harvests in the producing countries, cussions" in connection with the seizure State Department does not expect a re the !CA mechanism operates to stabilize of shrimp boats off the coast of Brazil. sumption of those talks Wltil the Coffee coffee import prices by linking produc However, I am sure these talks were ar Act is passed-a further verification of tion levels to projected world demand. ranged to reduce congressional opposi the blackmail that is being practiced. From 1965 to 1969 coffee import prices tion to legislation of interest to South Mr. PELLY. For the benefit and in a major determinant of the retail price American coW1tries. The time of these formation of the gentleman from Iowa, actually fell, at a time when the overall talks is scheduled in other words, because I never said that this international consumer price index was moving up of H.R. 8293. agreement and this legislation would not rapidly. Then, in the aftermath of the Of course, I welcome the talks but be approved, as far as I knew, unless they heavy and damaging freeze in Brazil dur after many years of bitter experiences I agreed to something down there. I have ing 1969, the destabilizing pressures on am dubious as to how much they will ac not believed in that type of diplomacy. world prices were muted by the mecha complish. I welcome those talks. I know they are nism of the agreement, and prices were Mr. Chairman, I think that all these just another series of cocktail parties. held well below the peak registered in nations and ourselves have a common But nevertheless I had hoped that we 1954 when a similar short harvest oc interest in conservation and it has been could work out something with all those curred. The U.S. import price of coffee to unfortunate that our State Department nations on the basis of conservation and day is at a lower level than the average has been W1able to overlook the issue of forget their claims to sovereignty. price during the decade of the 1950's. sovereignty and concentrate on conserva So, as I have said, that is an inaccu And despite two severe frosts in Brazil tion of fishery resources. rate report. Again I say, Mr. Chairman, the price of coffee in real terms has gone However, I do not believe that we will that I must oppose this legislation be up only 9.7 percent during the life of the ever work out any agreements with these cause of the seizures which those Latin agreement. Clearly, the effect of the In nations on the basis of sovereignty or of American countries have made of our ternational Coffee Agreement has been conservation as long as we continue to fishing vessels. I am hopeful that in due substantial. turn the other cheek and provide as course we can arrive at some agreement Price stability, one can say without sistance to these countries in every con with them, but I am very doubtful. hesitation, is a matter of high concern ceivable way, as we have done in the I yield back the remainder of my time. in this chamber. Its continuation with re past. So as I said, I intend to vote against Mr. MORSE. Mr. Chairman, I rise in gard to coffee is one of the objectives the extension of the International Coffee support of H.R. 8293 which would extend which H.R. 8293 will serve well. Agreement. the implementing legislation essential for The second objective of this legisla Mr. CARTER. Mr. Chairman, will the keeping the International Coffee Agree tion is no less topical for the Congress gentleman yield? ment in operation. Although the agree as it strives to strengthen our balance-of Mr. PELLY. I yield to the gentleman. ment runs until September 30, 1973, it payments position. For the 41-producer Mr. CARTER. I am very much inter cannot be carried out by the United members of the International Coffee ested in the gentleman's statement about States without this renewal of imple- Agreement, coffee sales represent a November 5, 1971 CONGRESSIONAL RECORD - HOUSE 39523 highly important source of foreign ex Mr. Chairman, the International Coffee if successful, will benefit the developing change earnings. Coffee is the most Agreement has achieved its primary ob countries, and he backs this up with a significant agricultural export of the de jective-relative stability of price at a most cogent and persuasive argument. veloping world. For the developing coun level which is reasonable to consumers He concludes: tries of Latin America, Africa, and Asia, and equitable to producers of coffee. The By giving Americans a resounding success, coffee is second only t;o petroleum among extension of the President's authority particularly in our pocketbook, it may re all commodities as a source of foreign under the International Coffee Agree store to us a sense of perspective and con exchange. The list of producer countries ment Act of 1968 would be beneficial to fidence necessary if we are to play a con includes a high proportion with which American consumers, who drink more structive role in the world. For if we defaulit the United States has maintained a coffee than the citizens of any other and turn inward, it is hard to imagine who on this shrinking planet would fill the moral favorable balance of trade over a long country. vacuum. period of years, and from which we have As a Representative from the Island seen the dollars spent on coffee return State, where, in a relatively small area At this point, I include the full text of ing to our own exporters in exchange called Kona, on the Island of Hawaii, the Mr. Howe's most refreshing analysis: for a wide variety of goods and services. only coffee is grown in the United States, How WILL UNCLE SAM'S NEW ECONOMIC For example, United States exports to the I can say with some authority that the POLICY AFFECT THE POOR COUNTRIES? 14 major Latin American coffee-produc International Coffee Agreement and the (By James W. Howe) ing countries were $4.7 billion during 1968 implementing act have benefited THE AUGUST 15 POLICY 1970. To a major degree, the future of the producers of American coffee and The President's New Economic Policy, an that trade depends on the smooth growth helped t;o stabilize the price of coffee for nounced on August 15, did more than freeze of coffee supply and consumption, world American consumers. prices and wages. On the international front wide, which 62 nations have found best Mr. Chairman, I urge a favorable vote its effects were equally dramatic. In one assured through the instrumentality of on H.R. 8293. st roke it cut the U.S. and therefore the whole the ICA. Mr. ANDERSON of Illinois. Mr. Chair trading world loose from its moorings to But the effects extend well beyond the man, I sUPport this legislation to extend the monetary system set up by the Bretton earning of foreign exchange by the pro Woods Agreement at the close of World War the President's authority to implement II. Three of the things it did are of especial ducers. The agreement, in addition, lends and enforce the International Coffee interest to the poor countries: stability to such elements as employ Agreement of 1962, as amended and ex 1. It dethroned iOld by announcing the ment rates and governmental revenues tended by the 1968 agreement. Over the dollar would no longer be redeemed in gold, which, in tum, lessens the uncertainties years this agreement has proved to be a thus inducing most European countries and with which the planners of national de most effective instrument for insuring a Japan to let the market decide the value of velopment efforts have to contend. Thus, sufficient supply of coffee to this coun the dollar in their own markets. This may the ICA has a widespread salutory effect try, at stabilizing the price of coffee at make their goods more expensive in the on the development aspirations of pro U.S. and U.S. goods cheaper in their markets. a fair level both for the producing and 2. It imposed a ten percent surcharge on ducer nations. consuming countries, and thereby, of many imports into U.S. I am convinced, for all these reasons, stabilizing the economies of the develop 3. It announced a 10% cut in aid. that the discipline to which the great ing countries which are the principal Much has been written about these effects number of developing countries, and producers of this commodity. Some 62 but little has been heard of the impact of many developed countries, submit in ad countries are currently parties to this the U.S. actions on the hundred odd poor hering to the ICA is a heartening form most important agreement, and I think countries in the world. What will its effects of enlightenment and an example of it is commendable that such a high de be on them? international cooperation which the Many believe the long-run effects of the gree of cooperation has been achieved NEP on the LDC's wm be beneficial both United States should find worthy of con between these countries on t.his matter. as a result of improving the world's trading tinued support. Should we not continue our participa system in general and of stepping up LDC Mr. MATSUNAGA. Mr. Chairman, I tion in this program, the agreement most exports to a revived, full-employment U.S. rise in support of H.R. 8293, which would likely would collapse and result in a economy. The short-run effects are some continue the International Coffee Agree serious decline in both the export earn t!ling else. They arise from the tone rather ment Act t;o Ocorober 1, 1973. ings of the coffee producing countries, than the substance of the U.S. statement. and in U.S. exports to them as well. The overtones of economic nationalism Once again, I would like to point to the blaming international speculators and our need for continuing the President's au Mr. Chairman, I think it is especially own past generosity for our current predica thority to carry out and enforce certain important that we indicate to the devel ment, together with the 10% cut in aid provisions of the International Coffee oping countries today that we have no may bring out the worst in the Congress at Agreement Act of 1968. In demonstrat intention of becoming international a critical time for developing countries. This ing this need, Hawaii is perhaps the best dropouts, as might have been signalled fall both the U.S. bilateral aid program and example in the circumstances. Hawaii is by the vote in the other body just a week major funding proposals for virtually all the only State in the Union which pro ago today. In that connection, I am the international institutions are up for de cision. Foremost among these proposals ls duces coffee commercially. At one time hopeful that some restoration of our bi President Nixon's request for a three year our industry produced as much as $17.5 lateral and multilateral assistance pro U.S. contribution of $960 milllon to the high million worth of coffee annually, but be gram can be worked out in the immedi ly important International Development cause of the instability of the price of ate future, for we can neither financially Agency (IDA)-the part of the World Bank coffee on the domestic market, as well as or morally afford to turn our backs on that lends money to poor countries on easy on the world market, that industry has the third world. terms. dwindled to a production of only $1.3 Mr. Chairman, at this point in the The tone of the President's announcement million annually. Before the coffee agree RECORD, I would like to include a paper may play directly into the hands of pro tectionist and isolationist sentimen,t on ment was entered into, at times when the written by Mr. James W. Howe, a senior Capitol Hills. One Congressional aide re price of coffee was good everybody went fellow at the Overseas Development marked. thal1; economic jingoism has now into the coffee business; the following Council, entitled "How Will Uncle Sam's been made respectable, with the ohlef tMget season the price would plummet down, New Economic Policy Affect the Poor being the developing countries. He added: because of the oversupply and then Countries?" In some respects, Mr. Howe's ''"the small valiant group of liberal lnter everybody would go out of the coffee busi paper is dated in that it was written naroionallsts w111 now have to battle even ness. As a consequence, the supply would prior to the vote in the other body; but grea.ter odds" as a resulrt of thait jingoism. then become so limited that the price of that vote underscores the prophetic na THE SURCHARGE ON IMPORTS coffee would go sky high, and once again ture of Mr. Howe's statement that the More 1mmedi81tely, the deve1oplng ooun everybody would go into the coffee busi current climate in this country, "may tries are being hit by the 10 % SW"charge on ness. This vicious cycle continued bring out the worst in the Congress at a imports. A staff study by the Organization throughout the seasons before the Inter- of American states, for exa.m.ple, estil:na.tes critical time for developing countries." that over one-fourlih of Latin American ex national Coffee Agreement was entered Mr. Howe goes on to take the position ports ito the United States are affected. Un into. that the President's new economic policy, dersoo.nda.bly, the world's poor counrfiries feel 39524 CONGRESSIONAL RECORD - HOUSE November 5, 1971
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 California. Mr. gentleman from Arkansas has no further Chairman, I rise in opposition to H.R. tinue until September 30, 1973, the Inter national Coffee Agreement Act of 1968. requests for time? 8293, a bill which would continue the In The bill makes no changes in this Mr. MILLS of Arkansas. We have no ternational Coffee Agreement of 1968. further requests. This agreement has authorized the highly succcessful program, which has brought great benefits to the consumers Mr. BYRNES of Wisconsin. Mr. Chair creation of an international coffee car man, I am going to be very brief. There tel consisting of 62 countries. The cartel's of the United States, but merely allows it to continue for 2 more years. The U.S. are several things in relation to this bill supporters claim that its purposes are, ~hat impress me, and that is why I rise first, to hold down the price of coffee participation in this program ended on July 1, 1971. m support of the legislation. and, second, to avoid extreme fluctua First, let us remember that underlying tions in price. The International Coffee Agreement Act has a major effect on the coffee in what we are doing today is a treaty obli However, since 1968, when the agree gation of the United States. We entered ment first went into effect, the price of dustry of Hawaii. It is imperative that the act be extended so that the Hawaii grow into a treaty in 1962 with the various coffee in the United States rose from countries involved. Originally, at that 93 on the wholesale price index to 114 ers, as well as consumers all across the Nation, do not suffer irreparable injury. time, I think there were some 50 coun in April 1971. This represents a rise of 21 tries, including consuming and produc points over 3 years. Over the same 3-year Coffee ir. Hawaii is grown in the Kona period, all other commodities have risen region of the Island of Hawaii, and thus ing countries. It was submitted to the derives its name, "Kona Coffee." Our cof Senate for ratification and ratified in only 12 points. 1963. Both the taxpayers and the coffee-con fee is particularly fancied by those seek suming public of the United States are ing distinctive and highly satisfying In order to carry out the obligations paying to support this cartel. flavor. that this country had under the treaty, it First, the taxpayer is being asked to Kona Coffee production was more than was necessary that certain implementing pay $230,400 to finance our share of the 3,000 tons in 1968, and had a market legislation be enacted. We had to au International Coffee Organization for value exceeding $1.5 million. Coffee is one thorize the Customs Bureau to require fiscal year 1971. For the next 2 years, of the promising crops of Hawaii agricul certificates of origin with respect to the the taxpayer is expected to pay $280,000 ture, as there appears to be a strong and importation of the coffee that was in annually to continue our membership in potentially large market for this valuable volved. The Committee on Ways and the cartel. product. Means acquired jurisdiction of the im Second, because of artificially high The basic purpose of the act is to pro plementing legislation rather than the prices caused by the coffee agreement, vide legislative authority to implement Foreign Affairs Committee because the the U.S. consumer has to pay more for the International Coffee Agreement agreement had to be implemented his coffee. which was first established in 1962 to as through the Bureau of the Customs. Mr. Chairman, this bill should be de sure an efficient supply of coffee at rea The committee felt the agreement was signated a foreign aid bill-not a con sonable prices. The agreement is designed meritorious and the Congress did provide sumer bill. The American housewife pays to stabilize the price of coffee at a level implementation for that first agreement. higher prices for coffee, and the artificial fair to both producing countries and con It proved satisfactory. It proved advis profits are distributed by the cartel to suming countries. Under the current able. It proved effective. In 1968 the foreign governments, such as Brazil and agreement, which was signed in 1968, 62 treaty was renegotiated and again rati Colombia. countries are participating. fied by the Senate. We passed implement Mr. Chairman, our economy, for the Under the act, the President has au ing legislation in 1968. The implementing most part, has been frozen. At this time, thority to require that valid certificates legislation has expired and the bill be we must reevaluate our spending pro accompany coffee imports from any fore the House would extend the imple grams with an eye toward cutting the member of the International Coffee Or menting legislation to September 30, 1973. fat and the waste, and toward saving the gazination and to limit coffee imports That is why we are here today. taxpayers money whenever and wher from countries that are not members of Let me suggest that the issue involved ever possible. the agreement. Protection for the con is whether we are going to live up to a First, we should begin with the farm sumer is also provided in provisions al firm commitment that this country has subsidy program, which, as we all know, lowing Presidential actions in the event and I doubt that this is the occasion that benefits the huge agribusinessman who of an unwarranted increase in the price we want to run away .from treaty obliga can afford to cultivate large tracts of of coffee. tions that have been agreed to by the land. This giveaway program paid agrl The act has worked to allow the con President of the United States and con businessmen $3 billion in 1970-the tinued existence of the Hawaii coffee in firmed by the Senate. I am not suggesting largest single payment going to the J. G. dustry that would otherwise suffer from that the House should not play its part in Boswell Co. which rook in $4.4 million intolerable market fluctuations of the these matters, but I am suggesting it is a in Government payments. Boswell type that existed prior to the agreement. pretty sensitive situation when we turn hardly of the "dirt farmer" image--is With numerous countries cpable of pro our backs on an agreement of that for primarily a cotton producer. ducing an over-supply of coffee at low- mality. That is one of the reasons why I 39526 CONGRESSIONAL RECORD - HOUSE November 5, 1971 am impressed with the necessity of pass tributed just to the agreement, but I do the Ways and Means Committee, for it is ing this legislation. not think we can complain that the price the official publication of the Democrat Let me address the question of the sta of coffee has been adversely affected and National Committee. bilization of prices. A look at the chart that the consumer has been adversely Mr. MILLS of Arkansas. I do not re which the gentleman from Missouri dis affected by the agreement. ceive it. played shows that there has been a level Using the same base period of 1957- Mr. GROSS. Well, I will be glad to see ing off of prices in lieu of the sharp peaks 59 as 100, let us look at the Consumer that the gentleman is put on the mail and the deep valleys that existed in the Price Index for March 1971. For all foods ing list. I am on it, for some reason or 1950's, when there was not any agree it was 134.8, but for coffee the price index other. At least I get it. ment. Greater price stability over a was 109.4. Again that, the increase in cof On page 11 of the summer and fall period of time means prices higher than fee prices has been much less than it has 1971 issue it states: they would otherwise be, and at other been for other commodities. Thirty-one months of Nixonomics and the times lower than they would otherwise If we want to add in one more factor American Consumer. be. This second fact--the lower prices that it seems to me is of some signif Among other things it sets forth the that have prevailed in place of the peak, icance, in 1954, when we had the very price of pork chops, hamburger, and so preagreement prices-that much of the serious problem in the coffee market due forth in January 1969 and June 1971. criticism here today overlooks. to adverse weather that was also a prob Lo and. behold, the Democrats say that That does not mean we did not get into lem in 1969, the Consumer Price Index coffee, regular, 1 pound, was 76 cents in a very difficult situation as far as supply for coffee peaked at 150.9. The price in 1969 and up to 93 cents-93 cents in June was concerned in 1970. We did. The world dex as a result of the 1969 adverse of 1971. market situation suffered because of a weather went to 110. 7 in January of this severe drought and frost in Brazil in year and has been diminishing since Does the gentleman still want to con 1969. But if Members will note, the effect then, and was 105.3 in September. Con test with such an authoritative publica on prices in late 1969 and 1970 was much trasting these two historical situations tion as this? less drastic than the fluctuations that oc does, I believe, show that the coffee Mr. MILLS of Arkansas. Mr. Chair curred in 1954 and 1955 when we had a agreement has had a salutory effect. man, will the gentleman yield? similar situation. And in 1971 coffee In view of the reasons I have outlined, Mr. GROSS. I yield to the gentleman prices have in fact been coming down. Mr. Chairman, I support the bill. from Arkansas. While I recognize that the GAO de Mr. MILLS of Arkansas. Mr. Chairman, Mr. MILLS of Arkansas. Not with this veloped a formula and reached some we have no further requests for time. very authoritative document the gentle conclusions with respect to the stabiliza Mr. BYRNES of Wisconsin. Mr. Chair man quoted second, but with the article tion of prices, they did leave out of their man, I have no further requests for time. in the Wall Street Journal. formula the critical periods when .we had The CHAIRMAN. The Clerk will read. I should like to call my friend's atten a real disruption in the supply of coffee, The Clerk read as follows: tion to the fact that there is machinery namely the situation that existed in 1954- within the agreement itself-not this bill, H.R. 8293 but the agreement--and in the event 55 due to the decrease in supply stem Be it enacted by the Senate and House of ming from adverse weather in Brazil. Representatives of the United States of prices of coffee should rise in connection Let me suggest that the Department of America in Congress assembled, That section with this reduction in the quota then the Agriculture is also an authoritative voice 302 of the International Coffee Agreement quota itself can be raised within the in this area. Here is what they said in Act of 1968 (19 U.S.C. 1366f) is amended agreement itself. Any time the quota commenting on the GAO report: by striking out "July 1, 1971" and inserting forces a price rise that quota can be in lieu thereof "October 1, 1973". In examining the record it can be pointed raised under the agreement. So I would out that the first agreement has done the Mr. MILLS of Arkansas (during the not worry, if I were the gentleman, about job of promoting price stability for coffee reading). Mr. Chairman, I ask unani that reduction. consumers and producers alike. Import prices mous consent that the bill be considered Mr. GROSS. But I do worry, because are almost 25 percent lower than the average all the consumers of this country are price between 1953 and 1962, and only 10 as read, printed in the REcoan, and open percent higher than during the world coffee to amendment at any point. getting is an increase in coffee prices. slump of 1962. The sharp price fluctuations The CHAIRMAN. Is there objection to I used to pay a nickel for a cup of that plagued the world coffee market in the request of the gentleman from Ar coffee a few years ago. Since this coffee past years have been eliminated and buyers kansas? agreement went into effect it is 15 cents of coffee have been assured steady supplies There was no objection. and in some places 25 cents. That is a at predictable and stable prices. Mr. GROSS. Mr. Chairman, I move to pretty hefty increase. I do not think the The report goes on to say: strike the necessary number of words. cost of operation of our little eating place In the absence of the agreement, in our Mr. Chairman, I take this time to in off the House floor has increased that judgment, prices would have fallen some sert in the RECORD excerpts from a news much. The woman who operates it tells what and this would occur only in the short article in the August 31, 1971, issue of the me the wholesale price of the coffee she run. Past experience demonstrates that this Wall Street Journal, headed "World Ex buys is three to four times what it was fall in prices would have been self-limiting, port Quota for Coffee Reduced To Re before this cartel fixing of prices over in and prices would eventually rise completing verse Price Drop." London. I am referring to the Zaibatsu the "boom" and "bust" cycle. It is datelined London and says in in London, the Japanese version of the The comments of the Department of part: gang that is fixing prices of coffee for Agriculture are appendix X to the GAO Coffee producing and consuming nations the American consumers. Report. If they are correct, these agree a.greed to limit the world export quota for You can try to popularize, if you wish, ments have had a salutary result. the year beginning October 1 to 47 million a 25- or 50-cent cup of coffee. In my dis Let us briefly look at prices a little fur bags, off from 49.6 million bags in the current trict, if I am a candidate for reelection, Mr. crop year. I ther, Chairman. The accord was reached by the council do not intend to try that. One of the ways we measure what has of the International Coffee Organization af Mr. MILLS of Arkansas. If the gentle happened with prices is how they vary ter 17 days of negotiation, mainly between man will yield further, all that the from a base period. Let us look first at the Brazil and the Ivory Coast for the producers gentleman finds at fault is with respect wholesale price index for coffee. Using and the U.S. on the consuming side. to the agreement itself, not the bill, be the base period of 1957 to 1959 as 100, The smaller quota says the Wall Street cause the bill has nothing whatsoever what do we find? to do with the very points that the We find that as of April 1971, on all the Journal- Is designed to boost world coffee prices gentleman makes. The agreement was price index for all commodities 120; on from present levels. approved by the Senate, and it will be all foods, it was 125.4; but for coffee-the in effect until October 1973. All in the index was 114, showing much less of Then I should like to insert some in world this bill does is to give the Presi an increase over that base period in the formation from the National Democrat, dent the authority to have the machinery price of coffee than we have had in the the summer and fall 1971 issue, which necessary to carry out the agreement. other commodities. is I am sure, the bible for all Democrats, They have been doing it. I dare say they I am not suggesting that can be at- incll:1,ding the distinguished chairman of can do it, perhaps in a cumbersome sort November 5, 1971 CONGRESSIONAL RECORD-HOUSE 39527 of way but not in as clean cut a way as Fraser McDonald, Roe Johnson, Calif. Montgomery Sebelius Frelinghuysen Mich. Rogers Karth Moorhead Sikes they can if they have this bill. Frenzel McEwen Roncalio Kee Morgan Sisk Mr. GROSS. I have no illusions about Frey McFall Rooney, N.Y. King Nichols Skubitz what is going to happen here today, but Gallagher McKay Rooney, Pa. Kluczynski Passman Smith, N.Y. Garmatz McKinney Roush Koch Patman Staggers I certainly would like to run against Giaimo McMillan Sandman Landgrebe Pepper Stanton, some individual who voted for a con Gibbons Mahon Satterfield Lennon Peyser J. William tinuation of this machinery, as you call Goldwater Mailliard Schneebeli Lent Pirnie Steed Gonzalez Mann Seiberling Link Poage Steele it, which provides that we join in a car Goodling Mathias, Calif. Shriver Lloyd Price, Tex. Stephens tel which meets in London and agrees Gray Mathis, Ga. Slack Long, La. Pucinski Stuckey to cut the export supply of coffee which Green, Oreg. Matsunaga Smith, Iowa Lujan Purcell Taylor 1n turn either sends the price to the con Green, Pa. Meeds Stanton, McClory Rees Teague, Tex. Griffin Melcher JamesV. McCloskey Riegle Thone sumer up in this country or maintains Hamilton Miller, Calif. Steiger, Wis. McClure Roberts Udall it at an artificially high level. Hammer- Mills, Ark. Stratton McCormack Rostenkowski White Mr. MILLS of Arkansas. I would not schmidt Mills, Md. Stubblefield McKevitt Rousselot Whitten Hanna Monagan Sullivan Madden Roy Wiggins · want the gentleman moving into Arkan Hansen, Wash. Morse Symington Martin Ruppe Wilson, Bob sas and running against me. I know that. Harrington Mosher Talcott Metcalfe Ruth Wright Mr. WOLFF. Mr. Chairman, I move Harvey Moss Teague, Calif. Mink Ryan Wyatt Hastings Murphy, Ill. Thomson, Wis. Mizell St Germain Wylie to strike the requisite number of words. Hathaway Murphy, N.Y. Ullman Mollohan Saylor Zion I just take this time to tell the gentle Bechler, w. Va. Myers Van Deerlin man from Iowa that if he comes over to Heckler, Mass. Natcher VanderJa.gt So the bill was passed. our side, coffee is only 10 cents. Hicks, Mass. Nelsen Vanik The Clerk announced the following Hicks, Wash. Obey Vigorito pairs: Mr. GROSS. Well, I have always known Hogan O'Neill Waggonner there was some favoritism around here. Howard Patten Waldie On this vote: I did not know what it was. Hull Perkins Wampler Mr. Martin for, with Mr. McClory against. The CHAffiMAN. Under the rule, the Hunt Pettis Ware Mr. Horton for, with Mr. Rousselot against. Jacobs Pickle Whalen Mr. Aspinall for, with Mr. Landgrebe Committee rises. Johnson, Pa. Pike Whalley Accordingly the Committee rose; and Jonas Powell Whitehurst against. the Speaker having resumed the chair, Jones, Ala. Preyer, N.C. Widnall Mr. Abernethy for, with Mr. Roberts Jones, N.C. Price, Ill. Williams against. Mr. GRAY, Chairman of the Committee of Jones, Tenn. Pryor, Ark. Wilson, Mr. Nichols for, with Mr. Fuqua against. the Whole House on the State of the Kazen Quie CharlesH. Mr. Price of Texas for, with Mrs. Grasso Union, reported that that Committee Keith Railsback Wolff against. Kuykendall Reid, N.Y. Wyman Mr. Kluczynski for, with Mr. Adda.bbo having had under consideration the bill Kyros Reuss Yatron (H.R. 8293) to continue until the close of Landrum Rhodes Young.Tex. against. September 30, 1973, the International Leggett Robinson, Va.. Zablocki Mr. Johnson of California for, with Mr. McDade Robison, N.Y. Zwach Hanley against. Coffee Agreement Act of 1968, pursuant Mr. Gettys for, with Mr. Koch a.gain.st. to House Resolution 465, he reported the NAYS-100 Mrs. Griffiths of Michigan for, with Mrs. bill back to the House. Abzug Grover Podell Chisholm against. The SPEAKER. Under the rule, the Anderson, Gude Poff Mr. Carney for, with Mr. Dellums against. Calif. Haley Quillen previous question is oroered. Andrews, Hall Randall Mr. Rostenkowski for, with Mr. Diggs The question is on the engrossment N.Dak. Harsha Rangel against. and third reading of the bill. Archer Hays Rarick Mr. Carey of New York for, with Mr. The bill was ordered to be engrossed Ashbrook Heinz Rodino Conyers against. Begich Helstoski Rosenthal Mr. Cabell for, with Mr. Bingham against. and read a third time, and was read the Blagg! Hillis Roybal Mr. Link for, with Mr. Badillo against. Hungate Runnels third time. Biester Mr. Fulton of Tennessee for, with Mr. is Blackburn Hutchinson Sarbanes The SPEAKER. The question on the Brasco I chord Scherle Hawkins against. passage of the bill. Bray Kastenmeier Scheuer Mr. Holifield for, with Mr. Clay against. The question was taken; and the Broomfield Keating Schmitz Mr. Montgomery for, with Mr. Ryan Speaker announced that the ayes ap Burke, Fla. Kemp Schwengel against. Camp Kyl Scott peared to have it. Mr. Broyhill of Virginia for, with Mr. Carter Latta Shipley Gubser against. - Mr. GROSS. Mr. Speaker, I object to Clancy Long.Md. Shoup the vote on the ground that a quorum is Clawson, Del Mccollister Smith, Calif. Mr. Don H. Clausen for, with Mr. Halpern Cleveland McCulloch Snyder against. not present and make the paint of order Collier Macdonald, Spence Mr. Denholm for, with Mr. Colllns of Illi- that a quorum is not present. Crane Mass. Springer nois against. The SPEAKER. Evidently a quorum is Delaney Mayne Steiger, Ariz. Mr. Passman for, with Mr. Metcalfe against. Devine Mazzoli Stokes Mr. Boland for, with Mr. Udall against. not 'present. Dickinson Michel Terry The Sergeant at Arms will notify ab Dingell Mikva Thompson, Ga. Mr. Conte for, with Mr. Dennis against. sent Members, and the Clerk will call Donohue Miller,Ohio Thompson, N.J. Until further notice: the roll. Dowdy Minish Tiernan The question was taken; and there Drinan Minshall Veysey Mr. Henderson with Mr. Belcher. Dulski Mitchell Winn Mr. Taylor with Mr. Pirnie. were-yeas 200, nays 100, not voting 130, du Pont Nedzi Wydler Mr. Teague of Texas with Mr. Hosmer. Nix Yates as follows: Eckhardt Mr. A.spin with Mr. Skubitz. (Roll No. 363) Edwards, Ala. O'Hara Young, Fla. Eshleman O'Konski Mr. Barrett with Mr. Hansen of Idaho. YEAS-200 Gross Pelly Mr. Blanton with Mr. Baker. Mr. Celler with Mr. Saylor. Abbitt Buchanan Davis, Wis. NOT VOTING-130 Abourezk Burke, Mass. de la Garza Mr. Madden with Mr. Bell. Adams Burleson, Tex. Dellenback Abernethy Chisholm Ford, Mr. Cotter with Mr. Derwinski. Anderson, Ill. Burlison, Mo. Dorn Addabbo Clark WilliamD. Mr. Sikes with Mr. King. Clausen, Fulton, Tenn. Andrews, Ala. Burton Dow Alexander Mr. Staggers with Mr. Wiggins. Downing Anderson, DonH. Fuqua Annunzio Byrne, Pa. Mr. Culver with Mr. Smith Of New York. Arends Byrnes, Wis. Duncan Tenn. Clay Galifianakls Ashley Byron Dwyer Asp in Collins, Ill. Gaydos Mr. Dent with Mr. Lent. Bennett Caffery Edwards, Calif. Aspinall Conte Gettys Mr. Edmondson with Mr. Bob Wilson. Bergland Casey, Tex. Eilberg Badillo Conyers Grasso Mr. Purcell with Mr. Mizell. Betts Cederberg Erlen born Baker Cotter Griffiths Mr. Pepper with Mr. Fish. Bevill Chamberlain Esch Baring Culver Gubser Mr. Whitten with Mr. McClure. Barrett Dellums Hagan Blatnik Chappell Evans, Colo. Mr. Steed with Mr. Sebellus. Boggs Collins, Tex. Evins, Tenn. Belcher Denholm Halpern Bolling Colmer Fascell Bell Dennis Hanley Mr. Stephens with Mr. O'Konski. Bow Conable Fisher Bingham Dent Hansen, Idaho Mr. Hebert with Mr. McKevltt. Brademas Corman Flood Blanton Derwinski Hawkins Mr. McCormack with Mr. Zion. Brinkley Coughlin Flowers Boland Diggs Hebert Mr. Lennon with Mr. Findley. Brooks Daniel, Va. Flynt Broyhill, Va.. Edmondson Henderson Mr. Morgan with Mr. Steele. Brotzman Daniels, N.J. Foley Cabell Edwards, La. Holifield Mr. Moorhead with Mr. Peyser. Carey, N.Y. Findley Horton Brown, Mich. Danielson Ford, Gerald R. Mr. William D. Ford with Mr. McCloskey. Brown, Ohio Davis, Ga. Forsythe Carney Fish Hosmer Broyhill, N.C. Davis, S.C. Fountain Celler Jarman Mr. Gaydos with Mr. Wyatt. 39528 CONGRESSIONAL RECORD - HOUSE November 5, 1971 Mr-. Galifianakis with Mr. Ruppe. in secret; and thy Father which seeth in Mr. GROSS. Or in the immediate Mr. St Germain with Mr. Lujan. secret shall reward thee open ly. But when future? Mr. Karth with Mr. William J. Stanton. ye pray, use not vain repetitions, as the Mr. White with Mr. Ruth. heathen do: for they think that they shall Mr. BOGGS. Not in the immediate fu Mr. Anderson of Tennessee with Mr. Thone. be heard for their much speaking. Be not ture, I would say. I thank the gentleman Mr. Alexander with Mr. Riegle. ye therefore like unto them: for your Father for staying here. Mr. Baring with Mr. Lloyd. knoweth what things ye have need of, be Mr. GROSS. What was that? Mr. Clark with Mr. Wylie. fore ye ask him.... Mr. BOGGS. I thank the gentleman Mr. Hagan with Mr. Pucinskl. Not everyone that saith unto me, 'Lord, for remaining here so earnestly and Mr. Rees with Mr. Patman. Lord,' shall enter into the kingdom of working so hard. Mr. Wright with Mr. Stuckey. heaven; but he that doeth the will of my Mr. Mollohan with Mr. Jarman. Father which is in heaven. Many will say Mr. GROSS. Well, I did not know how Mr. Kee with Mrs. Mink. to me in that day, 'Lord, Lord, have we not to escape. I will say the gentleman pro Mr. Roy with Mr. Sisk. prophesied in thy name? and in thy name gramed it, and that was about all I done many wonderful works?' And then will could do. Messrs. HUNGATE and BRASCO I profess unto them, 'I never knew you: changed their votes from "yea" to "nay." depart from me, ye that work iniquity.' The result of the vote was announced The Lincoln Reader, pg. 539, Rutgers Uni ADJOURNMENT OVER TO MONDAY as above recorded. versity Press, 1947. NEXT A motion to reconsider was laid on Mr. BOGGS. Mr. Speaker, I ask unani the table. LEGISLATIVE PROGRAM FOR WEEK mous consent that when the House ad OF NOVEMBER 8 journs today it adjourn to meet on Mon GENERAL LEAVE day next. (Mr. GERALD R. FORD asked and was The SPEAKER. Is there objection to Mr. BURLESON of Texas. Mr. Speaker given permission to address the House the request of the gentleman from Loui I a.sk unanimous consent that all Mem for 1 minute.) siana? bers may have 5 legislative days in which Mr. GERALD R. FORD. Mr. Speaker, There was no objection. to extend their remarks on H.R. 8293, the I take this time for the purpose of in bill just passed. quiring of the distinguished majority The SPEAKER. Is there objection to leader the program for the rest of the DISPENSING WITH CALENDAR the request of the gentleman from week, if any, and the schedule for next WEDNESDAY BUSINESS ON Texas? week. WEDNESDAY NEXT There wa.s no objection. Mr. BOGGS. Mr. Speaker, will the Mr. BOGGS. Mr. Speaker, I a.sk unani gentleman yield? mous consent that the business in order Mr. GERALD R. FORD. I yield to the THE PRAYER AMENDMENT under the Calendar Wednesday rule be gentleman from Louisiana. dispensed with on Wednesday next. (Mr. HUNGA TE asked and was given Mr. BOGGS. In response to the dis The SPEAKER. Is there objection to permission t.o address the House for 1 tinguished minority leader, this com the request of the gentleman from Loui minute and t.o revise and extend his re pletes the program for this week. siana? marks.> Next week the first order of business There was no objection. Mr. HUNGATE. Mr. Speaker, it would on Monday is House Joint Resolution seem appropriate on the prayer amend 191, the prayer amendment, to be fol ment for the Congress to have prayer lowed by District Day. There are four PERSONAL STATEMENT bills: H .R. 10677, Incorporate Gold Star or at least meditation and I invite my Mr. McCORMACK. Mr. Speaker, I was colleagues to join me. Wives; H.R.11490, Chancery Act amend ment; H.R. 11489, conform charitable unavoidably detained on the previous Oh Lord, trust to U.S. law; and H.R. 10344, inter rollcall vote. I would like the RECORD to Heal those who would worship laws instead state compact on mental health. This show that I would have voted affirma o! their Crea.tor, and tively if I had been present. Forgive those who would dicta,te to their will be followed by H.R. 10729, Environ fellow ma.n mental Pesticides Act under an open rule When to pray with 2 hours of debate. PERSONAL STATEMENT Where to pray On Tuesday House Resolution 601, How to pray Computer Services Funds for House Ad Mr. FOLEY. Mr. Speaker, on Monday,. And yes, Oh Lord, to whom they should pray. ministration Committee; House Resolu November l, I was unavoidably detained Help us to know the Compassionate under- tion 507, Dismissing Election Contest in on rollcalls Nos. 330 and 332. Had I been standing of an Abra.ham Lincoln, who 38th District, California; also a continu present, I would have voted "yea." in early ma.nhOOd broke away from ing resolution to be considered under an On yesterday, November 4, I was un the structured scheme of Christian open rule with 1 hour of debate; and avoidably detained on rollcall No. 358~ theology a.n.d. who "confessed to being H.R. 9212, black lung benefits, with 1 Had I been present, I would have voted no Christian,'' yet whose splritual "yea." leadership sa.veo our Nation. hour of debate under an open rule. Lend us the idealism of an Eisenhower, who On Wednesday and Thursday the inspired not just America but the Military Procurement Conference Re BLACK LUNG DISEASE BILL world, with the messianic a.nd unselfi.s:h port, which is subject to a rule being quality of his leadership, but whose granted; and H.R. 11341, District of (Mr. ERLENBORN .asked and was. aJlllia.tion with organized religion was Columbia Revenue Act, which is subject given permission to address the House postponed until his 62nd yea.r. All of to a rule being granted. Also H.R. 8787, for 1 minute and to revise and extend this wa.s after his election to the Presi the Guam and Virgin Islands Delegates his remarks t.nd include extraneous dency and after oom.pletion of his bill, under an open rule with 2 hours of matter.) "Crusade in Europe", bringing free debate. The rule on the latter bill has Mr. ERLENBORN. Mr. Speaker, the dom to millions. already been adopted. bill H.R. 9212, known as the black lung FtnaJly, let us learn from one who 1s uni Of course, conference reports may be bill, is again scheduled for next week. versa.J.ly respected as a. great teaoher, any revered by millions as a savior. called up at time, and any further I have today received a letter from program will be announced later. We Merlin K. DuVal, M.D., Assistant Secre Lord, correct with kindness 1ftlose who have hope not to have a session on Friday and forgotten his teachings a.bout prayer, tary for Health Scientific Affairs, to wit: next. that explains quite clearly the problems. Mr. GROSS. Mr. Speaker, will the that are entailed in eliminating the use And when thou prayest, thou shalt not gentleman yield? be a.s the hypocrites a.re: for they love to of X-ray as a means for determining- pray standing in the synagogues and in the Mr. GERALD R. FORD. I yield to the whether one is afflicted with pneumoco corners o! the streets, that they may be seen gentleman from Iowa. niosis. I am going to insert this in the of men. Verily I say unto you. "They have Mr. GROSS. I wonder if the distin RECORD today. I hope Members will have their reward.' But thou, when thou prayest, guished majority leader foresees another an opportunity to read it and will then entm- into thy closet, and when thou h'8.S 2: 30 in the morning session next week. understand the very grave problems that shut thy door, pray to thy Father which is Mr. BOGGS. No. the Social Security Administration November 5, 1971 CONGRESSIONAL RECORD - HOUSE 39529 would have in administering this law gram for benefits to coal miners who are colleagues as a highly enlightened and should H.R. 9212 be passed in its pres disabled due to any respiratory impairment. thoughtful exposition of the nature of do This would make benefits payable to coal ent form. miners in those cases where there is no medi mestic politics in the region and the im Mr. Speaker, the letter I have referred cal evidence that pneumoconiosis is the dis plications of these politics for construc to follows: abling cause involved. Such benefits, how tive U.S. policy measures. I ask unani DEPARTMENT OF HEALTH, ever, would be unavailable to the many in mous consent that the article be included EDUCATION, AND WELFARE, dividuals in the general population who suf in the RECORD. Washington, D.C., November 4, 1971. fer identical respiratory disabilities. DEMOCRACY DIVIDED Hon. JOHN N. ERLENBORN' Sincerely yours, House of Representatives, MERLIN K. DUVAL, M.D., (By Richard Morse) Washington, D.C. Assistant Secretary for Health and, A shocking disparity exists between the DEAR MR. ERLENBORN: As you know, the Scientific Affairs. state of United States-India communications House of Representatives is scheduled to con and the life-and-death issues facing both sider H.R. 9212 soon. As Assistant Secretary Mr. HALL. Mr. Speaker, will the gen countries. In a near-vacuum in political rela for Health and Scientific Affairs, I am espe tleman yield? , tions, Prime Minister Gandhi and President cially concerned about the provisions of this Mr. ERLENBORN. I yield to the gen Nixon will sit down early next month to make b111 to the effect that no claim for benefits tleman from Missouri. hard choices that add up to war or peace in under Title IV of the Federal Coal Mine Mr. HALL. Mr. Speaker, did the gen South Asia. Health and Safety Act of 1969 may be denied The immediate crisis is over the mounting solely on the basis of a chest X-ray which is tleman say this so-cflJled black lung strain of East Pakistan refugees on India negative for pneumoconiosis. bill is programed for next week? I and Pakistan's tragic impasse in reaching a Under Title IV, benefits are payable to thought it was programed for today. settlement enabling the refugees to return miners totally disabled due to pneumoconio That is one of the reasons why I am home. An underlying factor, however, ls sls. For purposes of this title, section 410(b) here. America's gross indifference to the Pakistan defines pneumoconiosis as a "chronic dust Mr. ERLENBORN. The black lung bill and Indian elections of 1970-71. If President disease of the lung arising out of employ is scheduled for next week. Nixon can recapture the spirit and strengths ment in an underground coal mine." The of these elections, he wm find that they are diagnosis of pneumoconiosis requires evi Mr. HALL. I wish I had an antenna still a resource for peace. dence of dust retention in the lung. This may like the gentleman does, so I could tune 1. Populist parties committed to meeting be demonstrated by opa~ities seen on chest in on the program, and garner this pro needs of the poor-for land, jobs, housing, and X-rays, classified under the International graming intelligence. heal th-won striking victories in India and Classifica. tion of Radiogra.phs of Pneumo Mr. BOGGS. Mr. Speaker, will the in both wings of Pakistan. Progress toward <:onioses, or by tissue examination. gentleman yield? economic and social freedom through Asia's Chest X-rays are readily obtainable and Mr. ERLENBORN. I yield to the gen largest free elections creates an underlying widely employed. Tissue examination during unity more basic than the violence since life, requires either a biopsy or a surgical tleman from Louisiana. March. excision, the latter most usually in the course Mr. BOGGS. Mr. Speaker, it was an 2. Mrs. Gandhi's perspicacity and drive of surgical exploration or surgical treatment nounced here early this morning that swept India beyond one-party rule, past the for other chest or pulmonary disease. Tissue the blac~ lung bill was postponed until split in the Congress Party, to an era of diagnosis is not, however, commonly avail next week and that t.he official business strongly contested Central and State elec able as a basis for diagnosing the presence today was consideration of the coffee tions. This was India's fifth nationwide vote. of dust and reactions to dust in the lungs agreement. In Pakistan's first, tensions built up during of coal miners applying for benefits. Also, Mr. HALL. Mr. Speaker, I thank the the long period of delay broke in a sudden risk and discomfort to the patient is involved polarization between East and West. Though in such procedure. However, beyond even gentleman. I must have had a short nap their first free vote is at present aborted. these considerations, it should be recognized about 3: 35 a.m. Pakistanis gained a plane of political action that when a good quality X-ray ls classified they are not likely to yield easily. negative for pneumoconiosis, there ls no 3. The New Congress Party's clear vic sound medical basis for a conclusion that U.S. ROLE IN SOUTH ASIA tory over anti-Muslim forces carried Prime pneumoconiosis exists in the individual to (Mr. MORSE asked and was given per Minister Gandhi back into office with greater a degree to be disabling or that any dis room for :flexibility in negotiations with abling lung impairment he has is attributa mission to address the House for 1 min Pakistan than any Indian Government since ble to that disease. ute and to revise and extend his remarks independence. Without this anticommunal My difficulty with the pending amendment, and include extraneous matter.) mandate, Mrs. Gandhi probably could not therefore, arises from its assumption that if Mr. MORSE. Mr. Speaker, I believe have withstood pressures for immediate an X-ray is negative for pneumoconiosis, that the United States can play a posi Indian intervention when the Pakistan Army there is st ill some other feasible means by tive part in alleviating some of the cur suppressed the Bengal movement in March. which a living miner may be diagnosed as rent suffering in South Asia and in re India's absorptive margin is now perilously having the disease for the purpose of deter close to its limit. Mrs. Gandhi's electoral mining that it exists to a disabling degree. storing some order and equity to this mandate ls still paramount, however, a source Based upon present scientific and medical ravaged area, if U.S. policymakers care of pride in India and a basis for positive knowledge, such is not the case. fully and completely reevaluate the role relations. some have advocated that individuals be we are presently playing there. With In 4. Federalism in India showed new supple found eligible for benefits on the basis of dian Prime Minister Gandhi currently ness. As the personality of major states like pulmonary function tests, such as those visiting the United States and engaging Tamil Na.du has grown, Central-State rela which evaluate oxygen transfer. Such tests in talks with President Nixon, there can tions have taken on the diploma.tic delicacy are valuable in determining whether a res of relations between nations. The Indian pirable disability exists but they do not tell be no better time than right now to ex Constitution permits an election for the na us whether pneumoconiosis contributes to amine some of the axioms upon which tional government but not necessarily for all that disability. In brief, such tests do not our policies toward India and Pakistan state governments at once. Most state gov establish whether there is dust retention in are based. ernments were not put to the electoral test the lungs and hence do not show whether an Mr. Richard Morse, of Andover, Mass., in 1971, providing continuity amid change. individual has coal miner's pneumoconiosis. an industrial consultant specializing in New Congress gains in key states such as The proposed amendment seemingly con South Asia investment, has recently West Bengal offered fresh prospects of sta templates the allowance of claims where the written an extremely timely article for bility. X-rays are negative for pneumoconiosis, de The federalist process, broadly conceived, spite the fact that there is no medically-ac the Christian Science Monitor suggest is the best ff not the only means of revers cepted means of diagnosing pneumoconlosis ing certain major U.S. initiatives toward ing catastrophe. Only grand initiatives can in the living miner other than by X-ray (ex India as a possible way to avoid the cur succeed: cept for those very unusual cases where bi rently brewing war between India and 1. President Nixon faces an uphill task opsy has been performed. This would result Pakistan. Mr. Morse suggests that the in building conviction on the part of Prime in the payment of benefits on the basis of United States, in the past, has failed to Minister Gandhi that the U.S. is genuinely pulmonary dysfunction without evidence of study with sufficient thoroughness the responsive to the freely expressed needs of dust retention in the lung, thereby provid implications of the elections of 1970-71 Asia. Only the President personally can es inging the benefits of the Act to many coal tablish this trust. A concrete step would miners with pulmonary dysfunction regard in both these countries, and he concludes be to take the oocasion of Mrs. Gandhi's less of its cause. that, properly understood, the elections visit to announce creation of a bipartisan Thus. the amendment apparently would may be used as a resource for regional commission, chaired by the Secretary of convert Title IV from a pneumoconiosis dis peace. State, charged with giving highest priority abilit y benefit program to a broader pro- I commend Mr. Morse's article to my to the restructuring of U.S. foreign policy 39530 CONGRESSIONAL RECORD - HOUSE November 5, 1971 to respond positively and on terms of full the association, William Krudwig, and all fer of Funds" which authorized the Di equality to proposals o'f democratic coun of his directors and the staff are dedi rector of the OEO to transfer an amount tries for the conquest of poverty. cated, hard-working and strongly moti not to exceed 10 percent of any alloca 2. The President must also be equipped to demonstrate to Mrs. Gandhi that the vated persons. I make reference to this tion from any appropriation for the pur U.S. is offering positive incentives, as well particular community action agency be pose of carrying out any other program as effective pressures, for the Pakistan Gov cause it has operated very efficiently or activity under the act. ernment to restore real negotiations with within an entirely rural area. This situ I had no alternative but to oppose H.R. elected representatives in East Pakistan. ation highlights or puts into clear focus 10351 on final passage because of such Oommitment of large U.S. economic resources the impediment, or the roadblock that questionable provisions as the foregoing may be required, not only to help rebuild has stood in the way of my support of and also because of the hard fact that shattered lives in eastern Bengal but also the OEO, or the poverty program in for once again, with the slight exception of to undergird the transition to mutually pro ductive economic relations between Pakistan mer years, and that is the inadequate $10 million this year for rural housing and India. funding by OEO of rural projects. out of a total of about $5 billion author 8. Elevation of the talks to this plane In spite of all the hard work of these ized, the rural areas and the substantial would enable President Nixon to ask Prime good people connected with the west cen population of elderly in these rural areas Minister Gandhi to offer her own concepts tral Missouri agency; just like all the are once again forgotten under the pro on a style and structure of relations between other agencies in all the other rural areas visions of H.R. 10351. India and Pakistan that would be conducive in Missouri and across the Nation, they The gentleman from New York (Mr. to a creative Pakistan settlement, and on forward moves in Indian policy to promote do not have the funds to do the job that SCHEUER), circulated a "Dear Colleague" such a settlement. is there to do or that which they would letter a week or two before H.R. 10351 Democracy divided against itself cannot prefer to do. It is the same story year came to the floor, saying that he would stand. The unique position of Indira Gandhi after year that the great bulk of the offer an amendment to earmark $50 mil and Richard Nixon as the elected leaders of money goes to the big urban areas lion for a new program designed to serve the world's largest democracies ls their ulti and the rural areas are given little the elderly poor. The CONGRESSIONAL REC mate source of effective action for peace. consideration. ORD will show that I supported him on It would be unproductive at this point that amendment as revealed at page ECONOMIC OPPORTUNITY ACT and probably repetitive to dwell again 34315 of the RECORD. One unfortunate AMENDMENTS OF 1971 on the scandals of the poverty program outcome of that effort was that the Chiair which have happened in the past coast ruled on a voice vote that the amendment The SPEAKER. Under a previous to coast in our big cities. I know it will had not prevailed. We were not able to order of the House, the gentleman from be argued that there have been improve generate enough interest from those Missouri (Mr. RANDALL) is recognized for ments in the operation of OEO and it present on the floor to have recorded tell 30 minutes. is true there have been some improve ers ordered. The distinguished gentle Mr. RANDALL. Mr. Speaker, over 6 ments in the administration of these man from New York used two words weeks ago the House considered H.R. programs in the cities. which can certainly be substantiated by 10351, the Economic Opportunity Notwithstanding the same sad story conditions all over our country when he Amendments of 1971. I take this time is repeated year after year; that is, that pointed out that there had long been a today to look back in an effort to ap the funding for projects in the rural "systematic discrimination" against praise what was really done when that areas and particularly for the elderly in the elderly people by the poverty pro bil'l was passed and also to provide for these areas amounts to a few crumbs that gram. To make his case even more con the record some comments on the poverty fall off the table after the cities and big vincing and to prove that he must be program which because of the lateness w·ban areas have consumed the lion's right, the chairman of the House Com of the hour of final passage on Thursday share of funds. mittee on Education and Labor (Mr. night, September 30, there was no time Of course, I was pleased and gratified PERKINS) on page 34315 of the day's de remaining to prepare any remarks for to find that this year one new program bate, admitted that the present the record in order to be time for a flight introduced by the committee chairman, Economic Opportunity Act was expend to our home district that weekened. the gentleman from Kentucky (Mr. ing only $8.5 million a year nation Although I did not support H.R. 10351 PERKINS) was in the bill. I refer to the wide for all of the senior citizens of our on final passage for reasons I shall here Rural Housing Development section. This country. He added, "we should be spend inafter clearly explain, in years past I program was designed to assist people in ing more." In all fairness, the chairman have always been able to praise the op rural areas with an annual income of less did say that he felt kindly disposed to eration of certain portions of the poverty than $6,200 for a family of four to ob ward the Scheuer amendment as an effort program in most of the rural counties tain standard housing through low inter to increase the country's awareness to of west central Missouri which it is my est loans with repayment for as long as the problems of the aged. privilege to represent in Congress. In 30 years. To say it is a modest experi I thought it was significant that the former years I have been able to say ment in rural housing is a gross under gentleman from New York (Mr. some very complimentary things about statement, because the altogether in SCHEUER) presented another figure, even the regional director of the Office of sufficient sum of $10 million was all that lower than that of the chairman. He Economic Opportunity, Don Thomason. was authorized nationwide for repair and pointed out that only $6 million had That is not possible this year because he rehabilitation of rural housing. been spent on the elderly poor in the retired and removed himself from this Mr. Speaker, I have diligently studied previous fiscal year. He went on to position. I regret I am deprived of this the content of H.R. 10351, as amended. delineate some figures that would be in opportunity now because, while I have At the very first look, I was amazed to teresting were it not that they tell such been very critical of some of the OEO discover that while this is authorizing a sorrowful story. Proceeding upon the programs, it has always been pleasant to legislation, it contained nothing but an assumption that the elderly poor com be able to say there were some good f ea enabling provision for the $2.19 billion prise about 20 percent of the total pov tures of the total program that were well for fiscal year ending June 30, 1972 and erty population, and then proceeding administered. $2.75 billion for the fiscal year ending further upon the fact that approximately My reference to our former regional June 30, 1973. I looked in vain for any $2 billion was the total appropriated last director does not mean that I am critical detailed breakdown of funds earmarked year, the elderly should have, in all fair of the current incumbent Director. I can for the several specific purposes. ness, received about one-fifth of that $2 only say there has been no frequent con One thing seems certain-those who billion, or $400 million. Yet, instead of tact with our office as there was with the authored and drafted this bill intended receiving their 20-percent share of that former Director. to leave the allocation of all of the funds total appropriation, . they received less Mr. Speaker, it is my privilege today, to the executive branch. Search as you than one-third of 1 percent, because however, to salute the West Central will, there is no separate authorization 1 percent of $2 billon is $20 million and Rural Development Association which or any specific amount earmarked for the elderly poor received a total of $6 carries on its operations in nine of the 14 the several programs of the Office of million, or less than one-third of 1 per counties in our congressional district. Economic Opportunity. cent. Charles Braithwait, the director, has I have found in the bill we passed the The gentleman from New York has not done an excellent job. The president of rather strange section entitled "Trans- gone off the deep end o_r run wild with November 5, 1971 CONGRESSIONAL RECORD - HOUSE 39531 statistics. Actually he has been most con accurately described in the report which or chance the defendant should win, even servative because all his amendment pro accompanies H.R. 10351. In the discus then the defendant must pay his own posed was not to push the poor up to sion of a declaration of policy at pages legal fees out of his own PoCket. How parity on a per capita basis, which would 38 and 39 of the report, those who pre ever, if there is to be any fairness in such have meant setting aside $400 million. pared the report quite properly say that types of legal actions in those instances His amendment instead provided only a the integrity of the attorney-client re where the defendant prevails, meaning little over one-tenth of parity because lationship and the adversary system of he has won his lawsuit, then the court his amendment called for earmarking justice requires that there be no politi should be able to award a judgment for only $50 million for all of our old people cal interference with the performance of attorney fees to the defendant as well at the poverty level. legal services. But the report goes on to as his court costs. As I appraise this new We have all heard over the years about say that while the existing legal services Legal Corporation, I can see it may very the rioting by the blacks and some of the have done real well, the new private non well be the cause of an almost endless other minority people claiming that they profit corporation must work "to en proliferation of lftigation against inno have received inadequate funding under courage the availability of legal services cent defendants who, even if they win the poverty program. It seems that after and legal institutions to all citizens of their lawsuits, have to pay out high at a few riots they have always received the United States from extraneous in torney's fees to their own counsel. Re greater funding. Our elderly poor, on the terference." Now surely that must have member the plaintiff's fees have been other hand, are almost invisible. They been a slip of the tongue or we should provided for by the new corporation are silent. They are not organized. You say a slip of the pen to include the words which means the defendant as a tax never heard of them forming a sit-in or a "all citizens," because if this report payer is paying both his own lawyer and stand-in, or invading Government offices means anything, it means we are not just also the laWYer of his plaintiff's to burn files. I suppose it could be said talking about the poor but really all the adversary. they are not listened to because they have citizens of the country. Bear in mind, the title X which we not raised their voices. The fact remains It has been argued that this National are discussing is no longer an authoriza that they have lived lives of dignity. For Legal Services Corporation is a great step tion for appropriations limited to 2 the most part they have worked hard and forward in the direction of eliminating years as are all the other provisions of they are poor now because they are old the legal services system from politics. the bill. This section is permanent legis and have to live on pensions that are in The very creation of this corporation is lation. adequate for even their basic needs in this disturbing to me. My first objection is It is my judgment, Mr. Speaker, that time of inflation. that this is permanent legislation. Con when the House passed title X as part of The amendment of the gentleman from gress will not have an opportunity to the antipaverty program, we created a New York which was defeated would have work its will after a year or two as it legal monstrosity which may very well greatly helped our aged poor, even ordinarily does when programs come up return to haunt all those who supported though it went only one-tenth of the way for renewal. No longer will our Gover it. If any other features are needed to to parity with youth and the middle nors be able to veto the activities of this serve as a cautionary warning, the very aged poor. It was a shame the Scheuer new Legal Services Corporation. I have creation of a legal corporation to serve as amendment was not adopted as a part of searched carefully and I can find no limit a canopy or umbrella for a group of the bill. Its failure was reason No. 1 that on the amount of money which could be young radical laWYers should be enough. paid the executive director of this Corpo If that were not enough, one need only I could not support the bill on final pas ration. Take, for example, a man like Mr. to take a look at the composition of the sage. William Kuntsler. He could be hired as 17-member board of directors, only six The second reason that I found it im the executive director and be paid a of whom are required to be from the bar possible to support the Office of Eco salary of $100,000 as the bill was passed. associations. To complicate things two nomic Opportunity Act Amendments of Moreover, there are no set limits on fees members must come from among those 1971 was its new title X which added a to be paid to consultants. Some of our individuals who are eligible for assistance National Legal Services Corporation to colleagues have consulted the GAO and under this title and two more members the existing Economic Opportunity Act. have been advised that the General Ac must come from among former legal I suppose there are some who pretended counting Office says that the wording in service project attorneys. to to believe that the legal services of the bill does not contain sufficient au I commented that the creation of this the OEO as it is presently constituted has thority to properly audit the Corpora corporation was disturbing for a variety been successful and helpful. The lofty tion's activities. of reasons. We know that the other body ideal was to make equal justice under law Certainly there should continue to be of Congress has already voted on this become a reality for the poor. This lofty grave reservations about the content of and that brings up even another source goal has not worked so well in our State title X. It may be, or may become in my of worry in that the House conferees may of Missouri. Our chief executive had to judgment, a shelter providing handsome yield to the Senate and permit federally exercise his Governor's veto over some compensation for young laywers with a funded antipoverty attorneys to par projects in the metropolitan St. Louis radical attitude who, when once ap ticipate in criminal cases which they are area. I am not sure that each of the com pointed under this Corporation, would be now forbidden to do. plaints were serious, but there was such free from all future control. This means The CONGRESSIONAL RECORD at page a multiplication of complaints that when that at least these young radicals 34328 will show that I tried my best to all were totaled together they made up have a haven where they can operate as keep this provision from becoming law such a substantial objection to the OEO they please and yet be paid for it from by voting for the amendment of the gen legal program that our Governor had to taxpaper's money. This is truly a bonan tleman from Ohio (Mr. DEVINE) to strike act. za for all the radicals in the legal pro out all of title X. As to the operation of this OEO legal fession. Reason No. 3 why I could not support aid program, I have never been satisfied Mr. Speaker, after all the eager beav H.R. 10351 on final passage was the so that there was a preservation of the ers flock into this National Legal Serv called Brademas amendment or the com laWYer-client relationship. Notwith ices Corporation, we may very well have prehensive child care provisions. These standing, in the metropolitan areas of what one member called during the de provisions, since passage, have been de our State of Missouri, there have been bate, "judicare." Maybe this is a plan of scribed by the program's most bitter questions continually raised about the some kind to parallel medicare, whereby enemies as the new child conrtrol law. eligibility of the client to be served by the all persons would be entitled to prepaid To start with, this amendment was not legal services program of the OEO. It is legal services just as under medicare a really an amendment at all in the ordi my understanding that quite frequently recipient is entitled to hospitalization. nary sense of the word; instead it was au that is necessary is for a person to For my own part, there also remains a whole new body law. Who could argue come to an OEO laWYer and say, "I am the concern of the advocate role played that a 63-page document, printed in indigent." No other questions are ever by the eager young men in this legal the RECORD only the day before the de asked. program. It is entirely possible these baite on this bill falls into the category Perhaps the philosophy of this new young men would involve themselves in of amendments in the ordinary sense of Legal Services Corporation is best and class action suits. If and when by luck the use of that word? In fact, on Thurs- 39532 CONGRESSIONAL RECORD - HOUSE November 5, 1971 day, September 30, the great majority give child care to all those earning as 181 to graft this unbelievable b111 onto the of the membership were not conversant much as $5,250 per year. Economic Opportunity Act of 1971. The Sen with the contents of those 63 pages. The very term "child development" is ate some weeks ago ad.opted a milder but similar plan. The whole scheme now awaits Certainly there should have been a lot so vague that no one really knows what action by conference committee. more time allowed for the explanation it may entail in the future. One writer The Brademas bill runs to 11,000 words. It of a thing on this kind of legislation im in appraising the work of the House on occupies 22 columns of fine type in the CoN properly and falsely labeled as an this momentous bill has said it is so GRESSIONAL RECORD. No measure of greater amendment. How can the membership broad that every American child could importance has cleared the floor of the 92d be expected to legislate in the dark when instantly become a ward of the Federal Congress, and few have had less attention one who offers such an amendment is Government. Bear in mind there was from the press. given 5 minutes to explain it and then no report of any kind to accompany The bill ls a monstrosity. No other word suffices. Many observers had expected, as a debate is permitted to proceed for no the comprehensive child development part of plans for welfare reform, to see some more than an hour on such an important program offered in the House. The over bill enacted that would provide modest Fed and far-reaching matter. It is no con 60 pages was simply printed in the REC eral subsidies for a few day care centers in solidation and certainly no answer, as ORD the night before and then offered major cities. These had been vaguely envi was heard on that floor that afternoon, in the House September 30. The fact that sioned as places where welfare mothers could to say that the other body had already there was no report should have served leave their children while they went off to passed what was of the same content as a reason for everyone to vote to re work. Instead, the House has approved a breathtaking, full-blown plan for the "com as the Brademas amendment, and so commit this whole thing to committee prehensive" development of children to the everything must be all right. until there is a chance to review or study age of 14. :rt ls the boldest and most far What was proposed and what was it. reachlng scheme ever advanced for the So called the Brademas amendment was The only report available at the time vdetizatlon of American youth. really a Comprehensive Child Develop of our action was the Senate committee The b111 begins with a. recital that Con ment Act. It was a vast system of day report which went so far as to say the gress finds "that millions of American chil care centers for children of all income child development program would au dren are suffering unnecessary harm from the thorize the Federal Government "to in present lack of adequate child development levels. It would ultimately extend day services, particularly during their early care services to children in all income volve itself in comprehensive physical childhood years." To remedy this harm, the groups, wealthy and poor alike. I health, mental health, emotional, and bill directs the Secretary of Health, Educa thought we had reached the ultimate cognitive development services; and to tion, and Welfare to foster programs that will when the family assistance program was identify and treat physical, mental, and provide "comprehensive physical and mental proposed which contained the guaran emotional problems of all children under health, social, and cognitive development teed annual wage. I must have been 14 years of age." services necessary for children participating wrong because this program is just as Finally, the Senate report ends with in the program to profit fully from their edu cational opportunities and to attain their revolutionary. Over in the other body, the phrase "and other activities" which maximum potential." the junior Senator from New York said we all know is a catchall phrase and could Such programs may include food and nu that this program would revolutionize include just about anything any Govern tritional services; medical, psychological and the concept of child rearing in America. ment bureaucrat wanted it to include. educational services; appropriate treatment At the present time it will cover only Such a comprehensive provision is to overcome emotional barriers; and "dis about one-third of all American fami enough to raise questions whether this semination of information in the functional lies-one out of three--but its long term measure intends to destroy parental au language of those to be served to assure that objective is to extend these federally pa.rents are wen informed." Religious guid thority and indeed the family. Does it ance plays no part. designed and therefore federally con create rights of a child against his par Appllcatfons for Federal financing would trolled programs to encompass all Amer ents, the Government, or the school? Is it be funneled through various child develop ican children regardless of income. a right that he can take into the courts ment councils. These in turn would supervise At page 34310 of the CONGRESSIONAL and sue upon? Does anyone know? With local policy councils, to be composed either RECORD of September 30, 1971, one will out saying so, the bill that we adopted of parents or of representatives "chosen by find recorded the key vote on the com could create mental clinics, replace such parents in accordance with democratic prehensive child development program. schools and substitute a form of indoc selection procedures approved by the Secre It was a recorded teller count and the trination instead of education. The Secre tary." Local proposals would float up to a new result of that vote made the Brademas tary of Health, Education, and Welfare office of child development. This office would amendment, or the comprehensive child has gone so far as to say that he does not create a special committee to develop Fed development program a part of the bill hesitate to state that the purpose of child eral standards for child development serv by a vote of 203 to 181. The RECORD will care is not merely to free mothers so that ices. Another committee would prepare a uni show that I was one of those 181 who they can work, rather as the Secretary form minimum code for child development opposed this amendment. I concluded puts it, "it is an opportunity to invest in facilities. The facilities would be financed this amendment was not just a provi the development of the next generation." through a new child development facility in sion to help working mothers. It was a Mr. Speaker, it may very well be that surance fund. Meanwhile, a national center for child development would foster "re plan that goes far beyond that. one of the best descriptions of the so search." A child development research coun The previously passed Senate bill set called Child Development Act added to cil would smile upon it all. the cutoff for child care to families earn the economic opportunity bill under what The bill would provide "free" ca.re for ing less than $6,690. This, according to we called the Brademas amendment is all children of fa.mmes earning not more than the minority leader and others conver by the hard-hitting James J. Kilpatrick $4,320 a year. Other children would pay a sant with costs of funding such a pro in a feature story which appeared in the small fee. Mr. Brademas could not really say gram would cost $20 billion a year. That Washington Sunday Star on October 24, what the program might cost-maybe $350 1971. I am going to read into the RECORD million in fiscal '73-but the House authori income limitation figure was :finally low zation is open-ended. The bill contemplates, ered by a recorded teller count to a fig at this point the full content of his de ultimately, Federal support of "the entire ure of $4,320 in the House. scription of the child development plan range of services that have to do with the How much this will really cost no one exactly as it appeared when headlined, development of a child." can accurately estimate. In a recent "Child Development Plan Is a Mon Doubtless the contrivers of this nightmare newspaper account the Secretary of strosity": had good intentions. In the context of a sovietized society, in which the children are Health, Education, and Welfare said it CHILD DEVELOPMENT Bn.L IS A MONSTROSITY regarded as wards of the State and raised would cost $16 billion per year if we (By James J. Kilpatrick) in State-controlled communes, the scheme provided care for only half of the 40,000, When the House met on the afternoon of would make beautiful sense. But it is mon ooo eligible children. It was reported in September 30, not more than 40 or 60 mem strous to concoct any such plan for a society the Washington papers the other day bers had any very clear idea of what might that still cherishes the values (however they that the Senate and House conferees be contained in a proposed "Child Develop may be abused) of home, family, church, and ment Act." The bill was not even before parental control. This bill contains the seeds would look at the Senate figure of $6,900 them. for destruction of middle America.; and if annual income and then consider the Before the afternoon had ended, after a Richard Nixon signs it, he will have for House figure of $4,320 annual income legislative coup led by John Brademas of In feited his last frail claim on middle Amer and probably agree on a compromise to diana, the House incredibly had voted 203- ica's support. November 5, 1971 CONGRESSIONAL RECORD - HOUSE 39533 general membership will include interest individuals of Caribbean countries. However, Perhaps my views on the poverty pro statistics reveal that this condition occurs gram are parallel to those expressed ed individuals and affiliate organizations. by far most frequently in persons of black by the gentlelady from Oregon (Mrs. These affiliate groups will retain their in ancestry. GREEN) who on September 30 during de dividual identities and goals while par It is important to state here that Sickle bate on the bill at page 34303 of the ticipating in a coordination of activities Cell Anemia ls not an infectious or venereal RECORD indicated that in her judgment through the national Foundation accord disease, nor is it a condition that arises there had been a tremendous waste in ing to charter agreements. from or is similar to leukemia. It ls a ge the war on poverty since the very first At present, President Nixon is recom netically inherent condition which is pres mending Federal funds to be designated ent in the blood system of each affected per day the first poverty law became opera son from birth. tive. for "combating sickle cell disease." Too In her words, "It has been a scandalous often in the past such funds have been WHAT IS THE CAUSE OF SICKLE waste of Federal funds." The thing that haphazardly portioned out to private or CELL ANEMIA? impressed me about her comments was ganizations and local government groups The original cause of Sickle Cell Anemia to is unknown although many of its signs and her mention of the fact that in her city for application research programs. symptoms are understood. Current theory, of Portland, Oreg., a consulting firm was This has resulted in a fragmentation of not fact, is that evolution played a major hired to make a survey. At the time of research results which, without a coordi role in this disease development. Studies in the survey, a total of $27 million had nating agency, tend to become lost and certain African countries have demonstrated already been spent on the war on poverty dissipated without effective followup ac that individuals with Sickle Cell Anemia are in that area. This survey was to cover a tion programs. less affected than otherwise normal indi target population of between 50,000 and Mr. Speaker, I am delighted that my viduals by malaria, a disease long recorded good friend, John Mackey, is on the in ancient times. It has been suggested that 60,000 people. The study concluded that changes over many centuries may have taken 86 percent of the people in this target steering committee of the national foun place in the blood of Africans to protect area had never heard of the poverty pro dation along with Bill Cosby, Willie them from malaria. If so, resulting change gram. Naulls, Dr. J. Alfred Cannon, and Dr. was transferred to the "New World" and To recapitulate, I opposed H.R. 10351 Herbert B. Avery. I am sure all of my col Caribbean countries as a result of the slave for three reasons: First, because of the leagues are aware of the fact that John is trade. continuing failure and neglect to author an all-pro, tight end for the Baltimore Whlle we do not know the historical causes Colts and is president of the National of Sickle Cell Anemia, we do know the causes ize programs for the rural areas and par of its immediate effect upon the human ticularly an adequate program for the Football League Players Association. His body. In normal health, blood components, rural elderly; second, because of the crea commitment is typical of the modern red blood cells are round, relatively fl.at, coin tion of a permanent and unlimited legal professional athlete who is deeply con shaped discs which maintain their basic services section known as the National cerned about helping to solve this Na shape throughout their individual cell life. Legal Services Corporation, and third, tion's problems and is involved in com These red blood cells contain a protein sub because of the addition of the compre munity and national programs of positive stance called hemoglobin. As the red blood action. I am proud to call this to the cells pass through the lungs, it ls this hemo hensive child development program globin tn the cells which adheres to oxygen which is at once so vague and yet so attention of my colleagues and point out particles carrying them throughout the cir potentially far reaching and open ended there are many others who are active in culatory system and thus feeding body tissue. as to make parental care increasingly less charity programs and endeavors to solve In Sickle Cell Anemia, the hemoglobin important and as time goes on to have social problems. in the red blood cells, due to inherited more and more of our children regarded Mr. Speaker, for those colleagues not weakness, ls compressed against the cell as wards of the Government. particularly familiar with sickle cell dis wall; the otherwise round cells thus become ease, I am pleased to say that Dr. Herbert increasingly flattened and curved into sickle B. Avery, medical project director, sent shape rods. Under these conditions the TAKE PRIDE IN AMERICA sickle cell, by its reduced surface capacity, to me a brochure which describes the carries less oxygen than would a normal The SPEAKER. Under a previous or causes and effects of the disease, as well shaped cell. ' der of the House, the gentleman from as the extent of physical devastation re A double problem now occurs: These cells Ohio (Mr. MILLER) is recognized for sulting from it. The brochure also de obviously can no longer carry the amount of 5 minutes. scribes the goals of the American Sickle oxygen needed to feed body tissue, also, the Mr. MILLER of Ohio. Mr. Speaker, Cell Foundation as a cover agency dedi sickle shaped cells no longer readily flow cated to the detection, diagnosis, treat through the small blood vessels but rather today we should take note of America's tend to become hooked together into clus great accomplishments and in so doing ment, and prevention of this disease. ters, causing a "jamming-up" and blockage renew our faith and confidence in our I take pleasure in inserting the bro of the small blood vessels. Thus whlle they selves as individuals and as a nation. chure at this point: are unable to carry out their function of Enrollment in journalism schools in THE AMERICAN SICKLE CELL FOUNDATION providing oxygen nourishment to body tis WHAT IS SICKLE CELL DISEASE? sues themselves, at the same time, they also the United States increased by more are impeding the flow of other normal shaped than 16 percent from 1965 to 1966 and Sickle Cell Disease or Sickle Cell Anemia, cells. increased by nearly 100 percent from as it ls also called, is an inherited hemo The sickled cells, themselves, are much 1960. globin disorder of the red blood cells pro more fragile than normal cells. This may re ducing a distinctive disease process. The pur sult in a breakdown of cell walls, causing pose of hemoglobin in the red cells is to the blood cells to die more rapidly than nor SICKLE CELL DISEASE combine with oxygen received from the mal cells. The lndivjdual life span of a lungs and to carry this oxygen throughout normal red blood cell is approximately 120 The SPEAKER. Under a previous order the body to serve as fuel for body tissue. of the House, the gentleman from New days; the life span of a sickled cell is ap In Sickle Cell Anemia, the disease alters proximately 40 to 50 days. Thus the body York (Mr. KEMP) is recognized for 5 the arrangement of the hemoglobin sub must work ever harder to produce replace minutes. stance so that, in stressful conditions when ment cells. Gradually this becomes a losing Mr. KEMP. Mr. Speaker, sickle cell dis the body is deprived of oxygen, the red cells battle and eventually the body ls unable to ease is a prevalent illness among persons assume an abnormal shape similar to that of produce new cells fast enough to replace a crescent-moon or a sickle. This particular damaged and dying cells. The result ls the of black ancestry, but compared to other shape of the red cells makes traveling diseases has been neglected in the past. specific condition called anemia, which through the smaller blood vessels extremely causes progressive weakness, fatigue and This neglect, in part, may have been due d.tfficult and produces, among other effects, to lack of national leadership and lack of greatly reduced resistance to infections and an obstruction or a blood clot. infectious diseases. So the cycle goes through cohesive indigenous movements. One co While Sickle Cell Anemia has been exten progressively increasing pain and medical hesive movement that I have become sively reported and discussed in medical complications leading eventually to death. aware of is the American Sickle Cell literature, it remains relatively unknown Foundation. among the general population, due in part, HOW DOES SICKLE CELL ANEMIA AFFECT THE to the fact that it is almost exclusively lim BODY? The American Sickle Cell Foundation ited to persons of particular ethnic groups These clusters of sickled cells in the small will be administered by a board of di and geographic locations. It has been re blood vessels cause blood clots which stop the rectors in consultation with a national ported in American Blacks, Africans, Ameri flow of cells carrying oxygen to body tissue. advisory board. Regional offices will be can Indians, Caucasians of Mediterranean The resulting lack of oxygen to nourish body established throughout the country and extraction, inhabitants of South India, and tissue causes it to die. As body tissue dies it 39534 CONGRESSIONAL RECORD - HOUSE November 5, 1971 results in extreme localized pain which is disease. If two parents each have the com Through use of genetic research, it may be usually the primary :presenting symptom of bination SA type blood, their children may possible one day to rearrange the hemoglobin this disease. inherit either SA combination or an SS type pattern of Sickle Cell Anemia and convert it The first symptoms usually appear two to of blood. If both parents have the SS type, to a normal one, even before the child is four years of age. The child may go for the children inevitably inherit the severe born. The hope and outlook for this disease months relatively free from pain, but, be form of the disease. is in continued research and general concern cause of the chronic state of anemia, the Since each child is the product of genes regarding this condition. child may tire easily and eat poorly. from both parents, the child obtains one WHAT IS THE AMERICAN SICKLE CELL FOUNDA Symptoms may be brought on by an in gene from the mother and one from the TION? fection such as the common cold or other father resulting in a certain expression. For example, if both parents are AA-AA cell This is a national organization of profes disorders or conditions such as diabetes, ex sional persons and interested laymen dedi cessive fatigue and high altitude level which combination children would be AA since there is no other possible combination al cated to the detection, prevention and treat may affect the body's need for oxygen. As a aim lowed. If both parents are SS all children ment of Sickle Cell Disease. One major result of these factors, the child may develop of the American Sickle Cell Foundation is to a "crisis", a period in which the symptoms will be SS. promote the accessibility .of a screening and become severe with marked pain in the Because this is an inherited disorder, it may be presented in two different forms: (1) counseling services process for all pregnant abdomen, legs and arms, swelling of the black mothers during their prenatal care, for joints, weakness, vomiting and jaundice affected individuals that as a result of the their babies at the time of delivery, for all (yellow color of the eyes). In addition the disease will show certain specific signs and black children entering school, for young child's urine may become dark in color and symptoms (severe form), and (2) "carrier men entering the armed services, and for per his blood count may drop rapidly, producing trait" individuals who show no outward sons in related hazardous occupations, as well shock. signs of the disease, bUJt have the ability to as for couples applying for marriage licenses. These conditions may become severe enough transfer this disorder into future generations The results of such mass screening will be to produce serious complications such as (mild form). individually and confidentially applied in strokes with resulting paralysis. Such "crisis" In this instance each parent is affected genetic counseling and in planning treatment occur quite frequently throughout the child by the trait or mild form of the Sickle Cell programs. hood period and as a result children have a Disease. Twenty-five per cent of the children Screening will be performed of the indi tendency to be below average in height and born to the couple would have the severe vidual's own choosing and will take place in weight, and demonstrate a delay in changes form of the disease, fifty per cent would health and institutional facilities in which resulting in puberty. It is, however, impor have the mild or trait form, and twenty-fl.ye there is complete confidence that the per tant to note that Sickle Cell Anemia does not per cent would have a genetic make-up with sonal and confidential nature of their medi produce mental retardation unless, possibly, out any form of the disease. cal history could be protected minimizing as a result of ilevere neurological complica HOW WIDESPREAD IS SICKLE CELL ANEMIA? any risk of labeling or exploitation. tions. At present it is estimated that approxi The American Sickle Cell Foundation is In addition to the general body deteriora established with offices in Los Angeles, Cali tion which results from the natural progress mately 10 percent of all American blacks are carriers of the inherent trait and may suf fornia, 8803 South Broadway. It is adminis of this disease, Sickle Cell Anemia is a partic tered by a Board of Directors in consultation ular hazard for persons who work in high fer mild forms of Sickle Cell Anemia. It is generally agreed that sickle cell anemia oc with a National Advisory Board. and low altitudes, such as in airplanes, skin Affiliated groups retain their individual diving, mining, or in occupations where the curs in this country in about one out of every 400 blacks and the carrier rate occurs identities and goals while participating in a oxygen supply in the air may be limited. coordination of activities through the na Sickle Cell Anemia is also particularly haz in approximately one out of every 11 black persons. Applying these statistics to current tional Foundation according to charter agree ardous to pregnant women whose body ca ments. Among the Foundation's goals are: pacities are being extended beyond self population figures, it is estimated that there are now at least 50,000 persons in this coun coordination of research, creation of train maintenance to provide oxygen nourishment ing programs, fund raising and publicity di for their unborn babies. try with Sickle Cell Anemia and about two million individuals with sickle cell trait. rected toward establishing detection and Twenty years ago persons with Sickle Cell treatment programs. Anemia rarely lived beyond the age of 20. According to the 1970 census the City of In the past, maternal deaths during preg Los Angeles, where specific statistics are now nancy ran as high a.s 50 percent in women being kept, has a Negro population of with Sickle Cell Anemia. Medical science has 503,606 persons. Of these 1,259 persons could PANAMA SEA LEVEL PROPOSAL: improved these statistics considerably; how have Sickle Cell Disease; 45,324 persons po "THE SEA SNAKES ARE COMING" ever, even today the incidents of spontane tentially could be diagnosed as having the sickle cell trait. This may be contrasted with The SPEAKER. Under a previous order ous miscarriages in pregnancy are still 20 of the House the gentleman from Penn percent higher for mothers with Sickle Cell the incidence of another inherent disease, Anemia than for other mothers. phenylketonuria (PKU), which is limited sylvania (Mr. FLoon) is recognized for Common symptoms of Sickle Cell Anemia almost exclusively to the white population. ro minutes. include: The disease, PKU, occurs in about 1 out of Mr. FLOOD. Mr. Speaker, on a num High susceptibility to communicable dis every 20,000 persons. In comparing overall ber of occasions in statements before this eases such as tuberculosis and influenza. prevalence statistics, Sickle Cell Anemia is body and in testimony before congres High susceptibility to infections such as approximately ten times more common than PKU in the Los Angeles area. It is interesting sional committees, I have emphasized pneumonia and kidney infections. the danger of infes ting the Caribbean Low recuperation and healing powers to to note that the California State Legislature all diseases, infections and injuries. has recently passed a law requiring that the Sea and Atlantic Ocean with the poison Extreme fatigue and weakness. test for PKU be performed for all newborn ous Pacific sea snake, which is related Loss of appetite and loss of weight. babies as a preventive medical measure. to the cobra. Episodes of severe body pain, including WHAT CAN BE DONE ABOUT SICKLE CELL ANEMIA? One of the leading authorities in the painful and swollen joints such as knees At the present time there is no specific study of this breed of predator is Dr. and elbows. cure for sickle cell anemia. However, there William A. Dunson, associate professor of Enlarged liver and spleen and blood epi are many methods of management for the biology, the Pennsylvania State Univer sodes in the urine. effects it produces. Experience has shown sity, who recently cruised between San Small localized strokes and open sores that rest, warmth, fluids, blood transfusions in and antibiotics for infections have aided in Diego, Calif., and Panama the Scripps that will not heal. Alpha Blindness due to retinal detachment or combating "crises" when they arise. Institute of Oceanography vessel lens cataracts. New chemicals and drugs are being investi Helix. gated in hopes of altering the disease proc Dr. Dunson has summarized his ob HOW IS SICKLE CELL ANEMIA INHERrrED? ess. At present, the best approach to this servations and conclusions in a most The genetic weakness which causes Sickle problem lies in the prevention of the disease illuminating article in the November 1971 Cell Anemia is passed on from one or both particularly in its severe form SS since af parents to their children. Red blood cells fected individuals do not outgrow this con issue of Natural History, the journal of with normal homoglobin components are dition. the American Museum of Natural His given a medical designation of A. Red blood Sickle Cell Anemia may be identified in in tory. cells containing the sickle cell traits are dividuals by a relatively simple and inex His principal conclusions are: given a medical designation of s. pensive blood test which demonstrates the First. That the risk of biological catas Thus, if two parents each have hemoglobin abnormal red cell shape and distinguishes trophe in the construction of a sea-level type A, their children will also have hemo the affected individual from the carrier trait. canal across the American Isthmus is so globin type A and they will not have Sickle The preventive approach can be accom Cell Anemia. If one parent has hemoglobin plished through extensive survey testing and high that this project must be opposed. type A and the other parent has type s through giving adequate genetic counseling Second. That the major fresh water their children may inherit an SA combina~ to parents who have evidence of carrying the barrier between the oceans afforded by tion, which results in a mild form of the defective trait. Gatun Lake must be preserved. November 5, 1971 CONGRESSIONAL RECORD -HOUSE 39535 Third. That the infestation of the At featherbed. Its high concentration of salts a.t the surface, perhaps simulating a stick, lantic by the poisonous Pacific sea snake (a.bout 3.5 percent sodium chloride) makes it and fish a.re attracted to it as to any floating would be ominous for the resort business. difficult for reptiles to retain water in their object. The snakes have been observed many bodies, yet keep the salt concentration low. times with a group of small fish faithfully Fourth. That the yellow bellied Pacific The total salt concentration of the body swimming underneath; with a swift sideways sea snake must be kept in its natural fluids of vertebrates is usually only about strike the snake has a meal. place in the Pacific. one-third that of sea water. Marine mammals Respiration in sea snakes is interesting Mr. Speaker, identical bills in both keep a low blood-salt level by excreting con because they are reportedly capable of stay House and Senate, H.R. 712 and S. 734, centrated urine, but the reptilian kidney is ing submerged for anywhere from two to providing for the major modernization of very weak and completely unable to produce eight hours. Their metabolism is much slow the existing Panama Canal would retain urine more concentrated than blood. It is not er than that of mammals like ourselves, but and enlarge Gatun Lake and thus con surprising, therefore, to find that all marine this only partially explains dives of this tinue to protect Atlantic Ocean countries reptiles have salt-excreting glands. duration. The sea snake's lung is greatly The kinds of salt glands developed reveal enlarged, extending all the way to the base from this peril. the divergent evolutionary paths taken by of the tall. As in other snakes, the left lung To give Dr. Dunson's timely contribu the ancestors of marine reptiles. In turtles, is small, while the right lung is highly de tion wider circulation, I quote it as part salty "tears" are secreted by a gland behind veloped. Even the trachea, the windpipe of my remarks and commend it for study the eye. In the marine iguana, a large gland connecting with the lung, has been modified by all concerned with the interocean.ic in the nose secrets a fluid that is sneezed out to provide an area for exchange of gases. Cer canal question. the nostrils. In the sea snakes, I have re tain areas of the lung in the rear of the Dr. Dunson's article follows: cently discovered a third type of gland, which body may serve no respiratory function but is located under the tongue, that secrets salt may instead act as a hydrostatic organ. In [From Natural History, November 1971] into the mouth. this way the snake might be able to regulate THE SEA SNAKES ARE COMING Sea. snakes are closely related to cobras and its buoyancy. Sea snakes may also have an (By William A. Dunson) kra.its, and like them, have fixed fangs and increased tolerance for a.noxia, or lack of "As we sailed along we saw multitudes of a potent venom. As a family, they are widely oxygen, allowing them to pay off an "oxygen grampuses every day; also water-snakes of distributed, being found between the lati debt" after they return to the surface. divers colours. Both the Spaniards and In tudes of South Africa and Japan in the However these snakes tolerate submersion, dians are very fearful of these snakes, be western Pacific and Indian Oceans, eastward they certainly feel at home in the water. lieving there is no cure for their bitings." to a zone between Mexico and Ecuador. Some sea snakes in the Ph1llppines, which Basil Ringrose, 1679, in The Buccaneers of There are no sea snakes in the Atlantic feed only on bottom-dwelling eels, have America, by John Esquemeling. Ocean, the Mediterranean Sea, or the Red been observed diving down out of sight in The accuracy of this early description by Sea. The Atlantic only narrowly escaped be clear water of a maximum depth of 500 feet. a.n English pirate of the yellow-bellied sea. ing a home for these successful reptiles, We do not know how they avoid the effects of snake, Pelamis platurus, off the coast of which apparently migrated to the New World great pressure at these depths. Types of sea Ecuador could not be greatly improved upon sometime after the Central American land snakes that must dive to the bottom for today. This venomous member of the sea bridge rose out of the sea for the la.st time, their food are confined mainly to waters snake family is found in great numbers along about four million years ago. Occasionally, within the 100-fathom line. Thus they may the Pacific coasts of Mexico and Central sea snakes are found just inside the South not be capable of diving to depths greater and South America, between Baja California Atlantic at Cape Town, but these individu than 600 feet. and Ecuador. The extreme variation in color als are as rare and out of place as the doomed Sea snakes differ greatly in their breeding ation (divers colours") of the serpent is sea turtles swept to the British Isles by the habits. At breeding time, certain kinds, such most unusual, and we have no more access Gulf Stream. as Laticauda, mass near islands dn the tropi rto an a.nMvenom for its poison than Ringrose Thus, sea snakes are only rarely found out cal Pacific. In the Philippine Islands there is had in 1679. side the tropical zone or the transition zone a commerctal fishery based on the islets Our appalling ignorance of this remarkable between the tropics and the temperate zone. where the snakes congregate. In a single year snake's habits has recently been forcibly I believe that even the most widespread form, on Gato Islet, as many as 100,000 snakes are brought home by a renewal of interest in the yellow-bellied sea snake, can breed only killed for their skins. Others are taken a.live, construction of a sea-level canal between the 1f the water temperature is above 68° F. Be spitted on pointed bamboo sticks, and then Atlantic and Pacific Oceans. The Atlantic cause it is able to feed at the surface and roasted or smoked before being eaten. Shore Pacific Inter-oceanic Canal Study Commis to float with ocean currents, this particular breeding sea snakes la.y their eggs in crevices sion, which for economic and military reasons snake has by far the greatest range of any or in caves and leave them to hatch, but the recommended construction of a sea-level sea snake. Other kinds, such as Lattcauda, yellow-bellied sea snake never comes ashore, canal in Panama, gave little consideration to the banded sea snakes, are much more re even at breeding time. Mating takes place at the possibly deleterious effect of interming stricted in range. sea and the young are born alive in the water. ling organisms from the two oceans. Other The greatest number of a.ll sea snake spe Several attempts have been made to define scientists, however, reflecting our increased cies is found in the Inda-Australian area, the breeding season of sea snakes, but it is ecological knowledge, have shown more the snakes' ancestral home. The Strait of by no means certain that reproduction is awareness of the problems. A National Acad Malacca., between the Malay Peninsula and limited to a particular time of year. In areas emy of Sciences committee reported that Sumatra., harbors as many as 27 different with a pronounced rainy, or monsoon, season, "great dangers would result from building kinds. Unfortuntely, we still know very little it is quite likely that reproduction is timed a sea-level canal. ... " The Pacific yellow a.bout how so many species a.re able to live to occur when the snakes return in numbers bellied sea snake came to center stage in this in the same area without competing with to the coast at the beginning of the storms. debate because it is one of the species that one another. It is then that fishermen pulling in their no one would like to see ushered into the The bits of information we do have about nets encounter them along the coasts and Atlantic Ocean by our engineering follies. the life history and ecology of sea. snakes estuaries of Southeast Asia. The snakes may Another undesirable Pacific immigrant could reveal many interesting adaptations. Being move into river mouths where the salinity ls be the crown-of-thorns starfish, which con air breathers, these snakes must surface. The quite low and on occasion continue up the sumes coral. flattened tail and laterally compressed body rivers. In one case a sea snake was caught To estimate the likelihood of the yellow make them efficient divers, although most in a freshwater lake (Grand Lac) in Cam bellied sea snake passing through a sea-level remain in relatively shallow water. Because bodia after having ascended the Mekong canal, we must understand the habits of this many species feed on eels and other bottom River. marine reptile. It has traditionally been con dwelling fish, they cannot venture into Temperature is a major factor in the dis sidered a pelagic "blue-water" species that water too deep for their feeding dives. George tribution of sea snakes, and they are found only rarely came close to land. But in a re Plckwell, an expert on sea snakes, has ob primarily in the tropical areas of the world. cent cruise of the Scripps Institution of served Laticauda trap small fish in rock In fact, the yellow-bellied sea snake is rarely Oceanography research vessel Alpha Helix crevices with the folds of its body and then found where the average temperature of the between San Diego and Panama, we often grasp the fish with its mouth. I have watched sea surface drops below 68° F. for even one observed this sea snake present within a few a sea. snake in a small aquarium use coils of month. This rupplies even to such equatorial miles of shore, and we caught some individ its body to immobilize a fish against the regions as the Galapagos Islands or the Peru uals within a few hundred feet of land. An side of the tank before seizing and swallow vian coast where the sea ls relatively cool other striking finding of our recent studies is ing it. This feeding response may explain because of the influence of the cold Peru that the yellow-bellied sea. snake drifts pas how sea snakes can catch ti.sh that could current coming up from the South Pole. Off sively with surface ocean currents and is easily outswim them in open water. Shrimp the warmer Eouadorian coast about four sometimes swept onto coastal beaches, where and prawns have been found in the stomachs hundred m.lles away, sea snf".kes are numer it dies in the sun. of certain sea snakes; they may have been ous. Sea. snakes represent the end result of mil caught while they were burled in bottom Cold surface waters keep the yellow-bellied lions of years of spec1al1zat1on for life under sand or mud. sea. snake out O!f the Atlantic Ocean. Migrants very stringent conditions. For a reptile, the -i:I'he yellow-bellied sea snake, however, is from the warm waters of the Indian Ocean ocean is anything but an environmental entirely a surface feeder. This snake :floats a.re sometimes oa.rri0<1 as far as Cape Town 39536 CONGRESSIONAL RECORD -HOUSE November 5, 1971 on the southwestern tip of Africa, but they took effect. But then a sea snake population t() drif.t contributes to 1rts success as a world soon die if they drift any farther. Cool waters explosion could occur, assuming that other traveler. Wafted by currents and feeding oc would also prevent the yellow-bellied sea environmental factors were favorable. casionally on fish that seek cover in its snake from invading the Mediterranean Sea, The question of the ability of sea snakes shadow, it can cross vast expanses of open even If it could cross the barrier posed by to move or to migrate is an interesting one ocean. But it does not habitually live in pela the warm, salty waters of the Red Sea. sinoe the va.rtous species differ greatly among gic, or open ocean, areas, probably because This snake tolerates heat no better than it themselves in this tral t. One of the most these areas are relatively sterlle. Fish a.re does cold. I :first suspected th.at the yellow astounding observations ever ma.de on massed more abundant in the coastal zones. The bellied. sea snake was sensitive to high tem sea snakes was reported from the Strait of open ocean is no barrier to its movements, peraltures when I put some in a small bucket Malacca by W.P. Lowe in The Trail That Is however, as it is to many bottom-feeding in the open sun at Acapulco a.nd they qw.ck Always New, 1932. species of sea snakes found in the Indo ly died. In the laboratory we found that the Leaving Colombo we departed for Pena.ng, Australian region. upper lethal limit was indeed low, a.bout 91 ° and the voyage from now on became more All of the sea snakes are poisonous. In the F. Since the surface temperature of the interesting, as there was a good deal to be early stages of their evolution for a life in tropical seas where these snakes live ls as seen, such as rocks covered with sea-birds, the sea, sea snakes probably derived a con high as 88° F., I began to wonder how these chiefly Gannets and Shearwa.ters. To star siderable advantage from their venom. The snakes could live at the surfa.ce in the hot board lay the beauti'ful green island of Su orlginal purpose of the venom may have been sun. The answer appears to be that the matra, and to the port the Malay Peninsula. to subdue large prey and perhaps secondarily snakes dive into the cooler water below. Off The water now became very calm and oily to protect against predators. Yet some sea the coa.st of Panama, we found that some in appearance. After luncheon on 4th May I snakes, for example Laticauda, are famous snakes were cooler than the surface water ca.me on deck and was talking to some pas for their docile nature. Children in Fiji pick that surrounded them. If the purpose of sengers when, looking landward, I saw a long them up and are rarely bitten. On the other diving is only to escape the hot rays of the line running parallel with our course. None hand, certain sea snakes are easily aggra sun, then shallow dives would be effective of us could imagine what it could be. It vated and may bite readily if provoked by because even an inch of water would par must have been four or five miles off. We being stepped on or handled roughly. tially protect the snakes. smoked and chatted, had a siesta, and went sea snake bites are frequently not fatal, This hypothesis, regulation of temperature down to tea. On returning to the deck we still however, because of the snakes' apparent re by diving', is supported by the observations saw the curious line along which we had luctance to inject venom even when they do of a Mexican fisherman I met. He wa.s familiar been steaming for four hours, but now it lay bite. Only a.bout one-quarter of those bitten with yellow-bellied sea snakes and confi across our course, and we were still very curi by sea snakes ever show signs of poisoning. dently predicted that the best time to find ous as to what it was. As we drew nearer we The purpose of withholding the venom ls un them was during rains. We did find snakes were a.mazed to find that it was composed of known, but whatever the explanation, we on sunny days, but on calm, cloudy days a solid mass of sea-snakes, twisted thickly should be grateful, for sea snake venom ls the with intermittent showers, they were very together. They were orange-red and black, most potent of any snake's. H. A. Reid, an numerous about five miles off the Mexican a very poisonous and rare variety known as authorlty on snakebite in Malaya, compared coast at Acapulco. According to my hy Astrotia stokesii. Some were paler in colour the toxic effect of the dried venom of a sea pothesis, the snakes would not have to dive and as thick as one's wrist, but the most snake (Enhydrina) with that of three of the on rainy days when solar radiation is less in conspicuous were as thick as a ma.n's leg most deadly land sna.kes--the common cobra, tense; therefore more of them should be above the knee. Along this line there must the tiger snake, and the death adder. When visible at the surface. have been millions; when I say millions I injected under the skin of rats or rabbits, the The sun is not the sea snake's only enemy consider it no exaggeration, for the line was sea snake venom was about two to ten times· on the surface of the sea. There a.re potential quite ten feet wide and we followed its as toxic as that of the land snakes. But when predators both above and below. When no:; course for some sixty miles. I can only pre sea snakes do inject venom, they deliver less floating among the tree trunks and assorted sume it was either a migration or the breed of it than do land snakes. This may be of lit debris of the land, the yellow-bellied sea ing season. I have on various occasions tle consolation, however, unless you are the snake is very conspicuous. The startlingly looked in vain in these same waters, and second or third person bitten by a particular marked tail is especially noticeable, so muc!l also enquired 'from officers of ships navigat snake: one scientist has calculated that the so that you might think that the snake wants ing this region, but have failed to hear of a venom ejected by one fresh adult sea. snake to be seen. Some experiments carried out by similar occurrence. Many people have seen ls enough to kill three men. Ira Rubinoff of the Smithsonian Marine Lab snakes of this description but never in such For North Americans the main hazard oratory in Panama indicate that this may, in massed formation. It certainly was a won from sea. snakes will arlse if they are allowed fact, be so. In the eastern Pacific the sea derful sight. As the ship cut the line in two, to swarm into the Caribbean and tropical At snake has no known enemies. Even such we still watched the extending file of foam lantic through the proposed Panamanian sea. voracious Pacific predatory fish as snappers and snakes until it was eventually lost to level canal. A specially appointed Committee will refuse to nibble at the snake sight. on Ecological Research for the Interocea.nic unless it is completely camouflaged inside Our present knowledge of sea-surface phe Canal has agreed with my prediction that the a piece of squid, and then they reject the nomena. can partly explain this unusual yellow-bellied sea snake would be able to morsel as soon as they taste it. The reason sight. Lowe emphasizes the sea's calmness move through a sea-level canal and reach the for their a.version becomes obvious when the and that the snakes were mixed with foam. Atlantic Ocean. This would be ominous for snakes are offered to Atlantic predatory fish, This is a classic description of a slick, albeit the Caribbean resort trade, because tourists which have never encountered a sea snake an unusually long one. Slicks form when are unlikely to want to share their place in before. These fish will eat the snakes, but in surface water currents converge. Anything the sun with a dangerous snake. Live sea about one out of twelve meals they will :floating at the surface, a few molecules of or snakes could be washed a.shore in Trinidad be bitten by the snake and die. Thus it ganic material, a sea snake, or a tree trunk, Nassau, or Miami Beach. seems that there has been a. selection pres may be concentrated into slicks by the horl The effect of the snake's prP.sence on man sure against those Pacific fish with a taste zontal convergence of flow. I am convinced might be only one of the problems caused by for sea snakes. They do not live long enough that the aggregation of sea snakes described its entry into the Caribbean. Rubinoff's to reproduce themselves. Since both sight by Lowe must have occurred in a large slick studies on the interaction between predatory and taste appear to be involved in the recog because I have observed the same phenome fish and sea snakes indicate that the snakes nition of the snake by Pacific fish, the color non, only on a smaller scale, in the eastern might eliminate large numbers of Atlantic ation might be considered a warning to all Pacific. fish. In some of his tests sea snakes were concerned: "Don't tread on me or attempt swallowed by captive Atlantic fish and then to eat me." On days with little wind, slicks also form off the coasts of Mexico and Central Amerlca later regurgitated a.live as the fish died from However, even the most deadly animals the effects of a bite. Thus one snake might usually have an Achilles' heel, enabling at and they often contain thousands of snakes. The association of yellow-bellied sea snakes kill more than one unsuspecting predatory lea.st one predator to feed on them. In this fish. case we suspect that some of the mos·t with slicks has been noted many times by fishermen, but only rarnly by scientists. It Other potential canal migrants could be famous snake eaters, the birds, feed ocCJ. even more dangerous to the ecology of the sionally on sea snakes. There have been iso tt:lls us that this sea snake probably spends moct of its time at the surface in a passive, tropical Atlantic. We only have to look at lated reports of eagles and sea.birds eating the history of the introduction of alien sea snakes. Sea snakes have also been taken mot!onless state. Yellow-bellied sea snakes species into new environments to see how from the stomachs of Philippine moray eels. are rarely seen swimming actively unless dis turbed or diving. They are commonly ob much damage can be done. The construction As Rubinoff has pointed out, studies of of the Welland Canal between Lake Erie and predation on sea snakes are relevant to the served in association with drifting debris in possible movement of the yellow-bellied sea. slicks. On windy or choppy days these snakes Lake Ontario allowed the movement of lam snake into the Atlantic Ocean through the are widely dispersed and difficult to find. On preys into the western Great Lakes, resulting proposed sea-level canal. If the snakes were occasion, currents also carry the yellow in the decimation of lake trout. Other intro to work their way into the Atlantic through bellied sea snake onto beaches, where it per duced species that have become nuisances the canal, as seems likely, Atlantic fl.sh would ishes beeause it is unable to crawl back to in their adopted homes are starlings, house initially prey heavily on them before the the water. sparrows, pigeons, and carp in the United strong selective force against snake eating The ability of the yellow-bellied sea snake States, rabbits in Australia and Hawaii, goats November 5, 1971 CONGRESSIONAL RECORD-HOUSE 39537 in New Zealand and the Galapagos Islands, invaluable assistance in successfully ne and well being of communities throughout and the mongoose in Jamaica and Hawaii. gotiating an agreement which will pro our 50 states. The financial and ecological damage done by vide encouragement and vitality to our We are not the only country with a. textile these and similar introduced pests is stag import problem, of course. Other countries gering. As more alien species become estab largest industry and its 2.3 million em have confronted the same issues and, while llshed in an area., the complex web of eco ployees. their reactions have differed in some respects logical relationships between the native ani Mr. Speaker, Mr. Nehmer recently de from country to country, they have re mals and plants becomes strained and may livered a very timely and superb address sponded in a singular way-with restraints break in places, causing extinction of some to the annual convention of the Defense on imports. native forms. The demise of most of the Supply Association at the Washington For example, ten European countries and unique Hawaiian birds can be directly traced Hilton Hotel. I commend this excellent Canada have had agreements with Japan, to the introduction of alien species. address to the attention of my colleagues and some with Korea, Taiwan and Hong The proposed sea-level canal could involve Kong, restricting imports of wool and/or the mixing of species on an unprecedented and to the people of our country: man-made fiber textiles and apparel from scale, and no one can predict the conse TEXTll.ES: NEW STR'ENGTH FOR A VITAL these countries. Many countries also have quences. As a biologist, I find the risk of INDUSTRY resorted to quotas and administrative de catastrophe so high that construction of the (Remarks by Stanley Nehmer, Deputy As vices to restrict imports. In some cases their canal must be opposed. There ls a slight hope sistant Secretary of Commerce for Re markets have been protected by industry of creating barriers in the canal, of temper sources) restraint arrangements not officially en ature perhaps, to prevent interocean move I forced by their governments. Government ments. This could be effective against the sea lndustry price boards in some countries im snake because it is very sensitive to high I'm honored at being asked to join the dis pose restrictions on imports whose prices are temperatures. But many other organisms tinguished panelists this morning to discuss below certain levels. may not be so sensitive. In weighing the a question you correctly place among the The cumulative impact of these measures alternatives and considering possible damage critical issues of this decade. is obvious. United Nations figures for 1968, to the environment, the massive costs of a Could the U.S. textile and apparel industry, the latest available, show that the United sea-level canal, the expected benefits from as it exists today, meet the vast and complex States took 72 percent of Taiwan's apparel the new canal, and the costs and benefits needs of our country in the event of a na exports that year, and the Common Market from enlarging the present freshwater canal, tional emergency? countries took only 6 percent. We took 62 I must conclude that construction of the Like most of you, I am sure, I might be percent of Korea's apparel exports, compared sea-level canal would be a disaster of the first tempted to answer with a quick "Yes," if for again with 6 percent for the European Com magnitude. The sea-level canal should not be no other reason than to recognize the ac munity. We took 58 percent of Japan's ap built and the yellow-bellied sea snake should complishments of an industry that has per parel exports, and the Common Market took be kept in Its rightful and natural place in formed so well in pa.st emergencies. only 5 percent. the Pacific. But much has happened over the pa.st A large portion of Japan's textile mill decade. The industry has been faced with product exports goes to Hong Kong to be major increases in imports which were af made into apparel. We took 40 percent of THE ETHNIC HERITAGE STUDIES fecting its strength and its capability to pro Hong Kong's apparel exports in 1969 while duce large quantities of goods quickly 1Ii all the Common Market took 17 percent. PROGRAM areas. The U.S. market for textiles and apparel The SPEAKER. Under a previous order What I wish to do today is to discuss this literally has been flooded with imports in re of the House, the gentleman from Ohio import problem and some of the ways gen cent yea.rs, particularly imports of man-made (Mr. JAMES v. STANTON) is recognized for erally in which the industry has been af fiber Products. In 1964, our imports of cotton, fected. wool and man-made fiber textile products 10 minutes. The greatest surge in imports has occurred amounted to 1.5 billion equivalent square Mr. JAMES V. STANTON. Mr. over the last five years. Between 1966 and yards. In 1970, imports of these three Speaker, the ethnic heritage studies pro 1971 imports of man-made fiber textiles and a.mounted to 4.5 billion yards-with an in gram which was included in the Higher apparel increased 157% from Japan, 1521 % crease of more than 700 percent for man Education Act as reported from the from Taiwan, 1238% from Korea, and 466% mades alone. Education and Labor Committee could from Hong Kong. This fantastic growth has continued enhance considerably the quality of our I do not know whether in fact the in throughout 1971. Overall imports of textiles children's education at a relatively low dustry is still capable of meeting every sin this year are expected to reach 6.3 billion cost. I very much regret the action of gle need that might ever arise in any future square yards, an increase of 42 percent, with emergency. There may have been recent imports of man-ma.des going to a. record 4.7 the House yesterday in deleting this pro changes not yet recorded in our statistics of billion square yards-up 72 percent from last gram from the bill. the industry's capability to produce products year and exceeding all of last yea.r's textile The ethnic heritage studies program in some specific lines. In the more general imports put together. is so worthwhile that I urge the con sense, however, the overall capabllity of the This growth in imports of wool and man ferees on the part of the House to grant industry to produce in an emergency lies in made fiber textiles and apparel has been in this body another opportunity to vote the recent success of the Administration's marked contra.st to orderly growth which has upon the proposal by accepting the pro efforts to secure reasonable limitations on been achieved in cotton textiles. This phe gram as incorporated in the Senate uncontrolled and skyrocketed imports of wool nomenon has resulted from the existence over and man-made fiber textiles and apparel. the la.st decade of the Long Term Cotton Tex passed version of the Higher Education These efforts of the last two and a half years tile Arrangement (LTA), a multilateral Act. This Nation was built by men of culminated on October 15 with the signing agreement in which the governments of some many different nationalities, and by fos of government-to-government understand 30 importing and exporting countries par tering a knowledge of their historical ings with Japan, the Republic of China., the ticipate. Under the LTA we have negotiated achievements and their diverse cultures, Republic of Korea, and Hong Kong. bilateral cotton textile agreements with 28 we will greatly enrich the lives of our The story I am about to tell you is real. governments covering 80-85 percent of our young people. For this reason, I strongly II total cotton textile imports. feel that we should not permit the possi The United States has been the only major The significance of the LTA lies in the fact bility of launching such a program to die import market with no quantitative restric that the penetration of the U.S. market by such a quick and untimely death. tions on imports of wool and man-made fiber cotton textile imports has increased in an textiles and apparel. This has made us the orderly fashion over the la.st five years, while prime target for exporting countries, par the import penetration for wool products has TEXTILES: NEW STRENGTH FOR A ticularly those whose labor costs are low in increased by a.bout one third and has almost VITAL INDUSTRY relation to ours. Our market is so vast, we tripled for man-made fiber products. can, of course, accept substantial volumes Japan, Taiwan, Hong Kong and Korea. have (Mr. DORN asked and was given per of imports, and we can allow imports to grow emerged over the last few years as the prin mission to extend his remarks at this in the future. But we were confronted with a cipal sources of U.S. textile and apparel im point in the RECORD and to include ex situation we could not accept in which all ports, accounting for almost 60 percent of to traneous matter.) growth of this trade was directed at the tal imports of these products. Their im Mr. DORN. Mr. Speaker, the Honor United States and crippled the largest em portance can be seen in the !act that our ployer of all U.S. manufacturing industries. imports of man-made fiber textiles and ap able Stan Nehmer, Assistant Secretary The U.S. textile and apparel industry was parel from these four countries in the first of Commerce, played a vital and effective taking it on the chin from imports for a eight months of this year were up 70 percent role in negotiating a fair trade textile long time. The result has been a direct and over the same period la.st year. agreement with Japan, Hong Kong, Ko damaging effect on the health of the indus Japan, of course, ls the largest supplier and, rea, and Taiwan. Mr. Nehmer rendered try, and consequently on the economic health as such, has shown phenomenal growth. Our 39538 CONGRESSIONAL RECORD - HOUSE November 5, 1971 imports of cotton, wool and man-made fiber not been able to maintain its previous capi States signed a memorandum of understand textile products from Japan increased 117 tal expenditures for new plant and equip ing with the Government of Japan with re percent between 1964 and 1970, from 531 mil ment. These expenditures dropped 11 percent spect to limiting man-made fiber and wool lion yards to 1,152 million yards. For the first in 1970, showed a slight rise to $580 million textile exports to the United States. Similar eight months of 1971 imports of these prod this year, but remain significantly below the understandings were signed later the same ucts from Japan were 41 percent higher than $820 million level of 1966. day with Hong Kong and on the following in the corresponding period of 1970. There Accompanying this decline has been a day with the Republic of Korea. An under was a particularly alarming jump in imports drop in the number of textile and apparel standing with the Republic of China was of man-mades which were up 74 percent from firms in operation. In the period 1969-70, 550 signed earlier in the month. The undertak the same period a year earlier-more than of these firms failed. Another 170 failed in ings are for five years in the case of Taiwan, twice the annual rate of growth of such im the first eigblt months of 1971, bringing the Korea, and Hong Kong, and for three years ports from Japan since 1964. And the growth total to over 700 in two and a half years. in the case of Japan, subject to extension. an import of man-mades from Taiwan, Korea IV The growth rates of man-made fiber and and Hong Kong has been equally impressive. The rapidly rising tide of imports unmis textile apparel exports to the United States This flood of imports has contributed sig takably is the chief cause of the depressed that will be permitted under these under standings range from about 5 to 7Y2 per nificantly to the U.S. balance of payments condition of the textile and apparel sector problems. In 1961, we enjoyed a modest favor of the U.S. economy today. Given such a. cent annually. Although larger than the re able ha.lance of $54 million in textiles and f,act, no government could permit the tide to cent rate of increase in the growth in the apparel made from cotton, wool and man continue to rise without taking steps to U.S. market, it represents only one-tenth of made fibers. By 1964 we had a deficit of $153 moderate the rate of import growth. the abnormally high growth rates which these countries have experienced in our million. Last year the deficit climbed to $1.3 The history of our efforts to aohieve this billion, and this year it is expected to ex moderation is fully documented, beginning market this year. The growth rate for wool textile and apparel exports will be only 1 ceed $1.9 billion. The trade defioit in ma.n with the first full presentation of the issues m.a.de fiber products a.lone likely will more to eleven coullltries by Secretary of Com percent annually. Thus these understand tba.n. double from 1970 to 1971, reaching al ings provide other countries with fair and merce Stans during his trips to Europe and orderly access to our market. most $1.4 billion. Indeed our overa.11 textile the Flar East in April and May 1969. trade deficit in 1971 is expected to reach We suggested that the most appropriate Of major importance will be specific lim $2.15 billion, larger than that for a.ny other solution would be a multilateral agreement itations on trade in the most sensitive wool major sector facing serious import impact. on trade in wool and man-made fiber tex and man-made fiber textile and apparel cate rt is larger than our overall trade deficit, tiles and apparel, perhaps similar to the ex gories in our market, and procedures to which is estimated to reach $2 billion this isting multilatel"al agreement on ootton tex establish limits on categories not subject to year, the first year since 1893 that the U.S. tiles. Unfortunately, this suggestion was not specific ceilings if they should increase to will experience a trade deficit. favorably received. the point of threatening to disrupt the U.S. m Deciding that our preference for a multi market. Together these procedures provide lateral solution should not be a bar to any for comprehensive controls on textile im Even a cursory examination shows that the ports from the four major supplying coun rapid build-up of imports of this magnitude progress at a.11, and eager to explore every tries. has brought severe hardship to an industry reasonable a.venue, we turned to the con cept of bilateral talks, and bega.n a long se Finally, it should be noted that the solu that is Vitally important to the U.S. economy. tion to the problem achieved by the Adminis over the last two and a half yea.rs, while ries of textile discussions with the Japanese Governmelllt in July 1969. In June 1970, these tration has been on the basis of negotiated dom.estic production of man-made fiber prod mutually satisfactory agreements without ucts grew at an annual rate of only 3.3 per discussions broke down. In the period of these talks, there was risk of retaliation or confrontation. At the cent, imports were growing at an annual rate same time, the groundwork has been laid for of 77 percent. growing sentiment in the United States that the ultimate solution would have to be tex even more positive contributions toward U.S. textile and apparel production em friendly cooperation in the future. ploys approximately 2.3 million workers- tile quota legislation, and such legislation four times more than the American steel in wa.s in fact introduced in the 92nd Congress. v dustry and five times more than the auto It passed the House in November 1970 but What does this all mean for the domestic mobile industry-yet textile industry em time ran out on that session of Congress be textile and apparel industry? What does it ployment as of August 1971 was the lowest in fore the Senate could act, and has been re tell us, to come back to the question I first SiX yea.rs. Employment in the industry has introduced and is now pending in the 93rd posed, a.bout the industry's future ability declined by over 100,000 jobs over the last Congress. The Administration supported to meet the nation's needs if an emergency two and a half years. In the absence of re these textile quota provisions reluctantly, should arise? straints on imports, this figure could have always emphasizing our preference for a ne gotiated settlement. My considered opinion, having lived with been expected to rise to as high as a quarter the textile import problem for so many years. of a million jobs lost by the end of next The Japanese Government, no doubt is that the industry is in a new "ball game" year. prompted in some small way by this move the same kind of new "ball game" that has Textile and apparel plants a.re located in_ ment toward quotas, asked to resume ne epitomized the Administration's New Eco all 50 states, with the majority of the jobs gotiations in October 1970. The U.S. Govern nomic Policy since it was first announced in non-metropolitan areas, and the industry ment agreed, but after three more months by President Nixon on August 15. The agree is unique in the increasing opportunities it of negotiations the Japanese terminated the ments, which wlll be effectively adminis offers for the unskilled and semi-skilled. talks last March 8-at the same time the tered, should provide the industry with new youthful workers and minority-group mem Japanese textile industry announced its own hope and confidence for the future. The bers to find an entree to the industrial eco~ unilateral program of restraints on textile substantial slowing down in the rate of and apparel exports to the United States. omy. But in an industry where the system IS growth imports will mean increased domestic ba.sed on seniority, these employees are the The Japanese industry program, which output and increased employment. Strength went into effect July 1, was clearly deficient first to be laid off. will be restored to this essential sector of a.nd unacceptable. It provided no assurance our economy---strength which will permit Many other industries are significantly de of effective administration and nothing to pendent on the textile and apparel indus prevent the Japanese industry from concen this industry to continue to serve our coun try. It is the chief customer of 675,000 cot trating on exports of particular products in try with the wide range of products essential ton farmers; sole customer of 200,000 wool the sensitive categories. to our needs at all times. growers; principal customer of man-made fi Rejecting the Japanese industry program ber producers; primary customer of textile as not an acceptable solution, President machinery and industrial sewing machines, Nixon on March 11 said the United States SECRETARY STANS CAUTIONS and a major customer for U.S.-produced must "give the fullest consideration to the "WAIT A MINUTE" plastics, synthetic materials, dyestuffs and other alternative solutions to the textile (Mr. DORN asked and was given per chemioals. ObViously, the U.S. textile prob problem." Clearly, it was time for action lem affects all of these. and now we have acted. mission to extend his remarks at this The U.S. textile industry prides itself on The four major textile-producing coun point in the RECORD and to include ex the growing role of automati_on and mod tries of the Far East again were invited to traneous matter.) ernization, pointing out that 1t is the most negotiate a government-to-government solu Mr. DORN. Mr. Speaker, Secretary efficient in the world in an operating sense. tion to the textile problem. The negotiations This can be attributed not only to tech Maurice stans recently delivered a very that followed this renewed initiative on the timely and excellent address to the 40th nological inputs but also to the billions of part of the United States were both long and dollars invested by the industry over the difficult, but were conducted in a spirit of International Conference of the Finan last d~ade to make it the m'Ost modern and mutual respect and cooperation. The results, cial Executives Institute at the Sham efficient. I am sure, are well known to all of you. rock in Houston. While the Congress is Yet, at a time when investment in mod On October 15, the White House announced considering water pollution control legis ern plant and production f1:1.eilities is re that Ambassador-at-Large David Kennedy laJtion I commend to the attention of quired to stay competitive, the industry has had that morning on behalf of the United my c~lleagues a careful study of this November 5, 1971 CONGRESSIONAL RECORD - HOUSE 39539 superb speech on the subject of environ We need to weigh each spec1flc proposal feeling that the problems will all go away ment as related to our economy and the a.ga.tnst economic reality and say: "Wait a if we only put enough squeeze on business Minute, how do the benefits compare with to act. general welfare. the costs? The trouble is thrut in the development of Mr. Stans is a dynamic and progres these pressures, reason sometimes gets lost sive Secretary of Commerce, and a thor PROBLEMS In other words, the problem is: how do and extremes become the result. ough consideration and evaluaition of his we develop public and private policies in Many of the results have been beneficial remarks on this ocoasion is recommended which economics and technology are fac to be sure, but some have been ill-conceived to the members of my Committee on tored into every environmental assessment? and harmful to people, to business, and to Public Works, now drafting a water qual Let me spell it out. the country. ity bill which will affect industry and Industry has been indiscriminately ac PHOSPHATES municipalities and, indeed, every indi cused by some of ignoring the pollution prob Let me give you a few examples, starting vidual in the United States. lems of our times and being responsible for with phosphate detergents-the washday in most of them. gredient that has recently come to typify the I recommend to the Congress and to The charge is dead wrong and it is unfair. pollution villa.ins. the people of our country Secretary Industry, of course, must bear a share Environmental pressures against phos Stans' great address: of the blame. But the fact recognized by too phates were based on the argument that ADDRESS BY THE HONORABLE MAURICE H. STANS few people is that many of the worst pol they accelerated the growth of algae which Mr. Chairman, it is a very great pleasure luters are outside of industry-municipali can destroy life in the waters. for me to be here today for this meeting of ties, other governments, agriculture, and the Because of these pressures, the sale of de the Financial Executives Institute. public itself. Witness the fact thrut hundreds, tergent phosphates was banned by state and Many of you are ·old friends, and we have perhaps thousands of American communities local governments over the country on a much in common to discuss-because of the pour millions of tons of untreated sewage random crazy-quilt geographic basis. into waters every day. But in the rush, perhaps someone should financial background we share and because have said, "Wait a minute-what are we the relationship between business and gov RESPONSE really doing here?" ernment is constantly becoming more impor By contrast, almost across the board, As we now know, the answer is that we tant to all of us. American industries have launc>hed vastly were taking foolish actions instead of care Today I was faced with a choice of talking complex and expensive efforts to help clean ful ones. about the subject most on your mind, but of up the air, water and landscape of the a changing and passing nature-the Presi DANGERS country. First we set out to find a substitute for dent's Economic Program-or, a matter of For example: more long-run concern to business, industry phosphates. But wha.t happened? The chemical industry in 1970 spent $600 Detergent manufacturers spent millions of and the public-the question of a balanced million for pollution abatement. national approach to the environmental is dollars switching over to NTA, a substance The iron a.nd steel industry has spent used in Sweden a.nd Canada-but it was sues facing the nation. more than a bllllon dollars on air and waiter The latter is the one I have chosen to shoved aside at the request of the govern fac111ties, and almost two-thirds of that in ment because some officials were concerned discuss. the la.st two years. ENVIRONMENT thrut it might crerute health hamrds. Addi The automobile industry currently is in tional safety tests are now being carried on, A concern that must be seen in perspective vesting a quarter of a billion dollars a year but NTA cannot be used. is the matter of the environment and the in pollution research and development. Then another substitutes began reaching anti-pollution movement in the country The electric industries will spend two the public containing caustic materials that today. thirds of a billion dona.rs on pollution con were dangerous, especially to children. If This is a very emotional issue in many trol this year alone. those products get in a child's eyes, they can quarters. It is a very political one in many The paper industry is spending $321 mil blind. Or if they are accidentally swallowed, quarters. The public for its part is demand lion for air and water pollution control this they can maim or even klll. They have ing action-actively, vocally, impatiently de year. done so. manding immediate action to resolve pollu The petroleum industry is spending more To limit these risks, the FDA has instituted tion problems. than $500 million in pollution control this labeling requirements for caustic detergents. This creates opportunities to make prog year, and in addition is developing expen Unfortunately, the fact is that small chil ress. But it also presents some difficulties. sive facilities in other oountries to reduce dren creeping on the floor next to the wash President Nixon has declared that the na the sulphur content of fuel oils being ing machine can't read them. tion has been long overdue in halting its shipped here. Some chemical substitutes for phosphates abuses of the air, land and water. He has . The oil and tanker industries are working also wash out the :flame-proo:fling in chil made a commitment to eliminate pollution closely with the government to eliminate oil dren's cotton sleepers which the textile in and to cleanse the atmosphere and condi discharges and accidental spills into the dustry has been working hard to develop. tions in which we live. oceans. So there is no question that the environ The fact is that, on average, American FACTS ment ultimately has to be cleaned up, that companies wlll have increased their pollution At this point more facts began to come to we have to deal with pollution. control spending by almost 50 percent this light: The question is, how do we go about doing year over the last year. They will spend some First, phosphates are not of themselves this? And in the most sensible way? $18 blllion over the next five years to meet polluters. They are nutrients, harmless to people and in fact a necessary element in PRIORITIES the requisite standards. Unfortunately business has failed to make human life. The public's desire for immediate solutions these achievements credibly known to the Second, various scientific studies revealed is understandable; its impatience may be jus American people. This idea still persists in that huge amounts of phosphates were pour tified, in many respects. many quarters that industry is doing almost ing into the nation's waters from human But we cannot have single track minds in nothing to fight polluticm. and what it does waste, agricultural runoff and natural ero which the environmental issue overrides do is only because it is being dragged across sion-in many places far more than from everything. That is how some people would the line. Neither is true. detergents. have us look at our problems. There are deliberate polluters, of course, Next Congress was given scientific testi But if we yield unquestionably to every but most business has been working at pol mony that 85 percent of the people do not popular demand, if we settle for quick, im lution control for a long time-and it can be contribute phosphate waste to waters that mediate solutions to one set of problems, we proud of its conservation records. can be affected by them, because of where can very quickly catapult ourselves into they live. others that are much more serious. PROGRESS Also, Congress took scientific testimony There is evidence that this is ,b.appening As a result of industry's efforts, the nrution that removal of phosphates alone could and it could lead to an environmental back is visibly cleaner today than it was in the rarely reduce the growth of algae. lash. past. Finally, evidence has accumulated that the So before we act out of panic-out of ecolo PRESSURES general use of certain caustic substitutes gical hysteria, or misinformation-I think it But the critics of industry press the pub in detergents could cost up to $2 billion a is time to stand back, and look at the en lic to insist upon quick solutions to these year in wear and tear on clothes and on wash vironmental problem in the whole. complex problems. ing machines. It is high time for the entire nation to The people, in turn, press the Congress. CIRCLE weigh the needs against the demands and As a result, arbitrary timetables have been As a result, the Surgeon General of the say: "Walt a minute, here-what are our imposed, and severe regulations have been United States has now advised state and priorities?" applied; research has been forced to divert local governments not to ban phosphates, We need to weigh our technological capa from the orderly paths of science a.nd tech and has recommended that housewives re bilities against the demands for immediate nology; and untested ideas have been put turn to using phosphate detergents. change and say: "Walt a minute-can we to action before they are ready. And the Environmental Protection Agency really get rthere from here?" All of this has given some people a false has advocated a $500 million program to deal 39540 CONGRESSIONAL RECORD - HOUSE November 5, 1971 Isn't it time we weigh our potential against with phosphates from all sources through more than one million oak trees have been improved sewage treatment plants in affected blighted by the Gypsy moth. the risk in every reasonable case? Without DDT, forest insects went rampant areas. PIPELINE so today we are back roughly where we in Sweden, eating away the raw material of What about the Trans-Alaska. pipeline? started about two years ago, doing what we that country's biggest industry. Again, people have said, "let's not bulld it should have done in the beginning. We a.re DDT is estimated to have saved 500 mil because of the possible adverse consequences dealing with phosphates at the treatment lion lives throughout the world. to the environment". plants in specific trouble areas, not in legis Without DDT in India there would be 100 No one suggest.s that we ignore these pos lative councils and public forums all a.cross million cases of malaria each year instead of sible dangers. Everyone agrees that we must the nation. a. few hundred thousand. take every known precaution to protect the In the long trip around this circle, all we In Ceylon, without DDT, malaria. cases environment. have done is delay progress and confuse the went from almost none up to 10 percent of But there is another side of the coin people--at great inconvenience and unneces the population. the nation's need for the oll and the bene sary cost to the public, to industry and to In Sweden, Ceylon, Venezuela and others, fit.s to Alaska.. government. without DDT insects became so devastating Isn't it time somebody says on things like My purpose in citing these points is not that laws against DDT have been repealed this, "Wait a Minute?" to defend phosphates, or the industries that or amended. We already have the technological means use them, or the products that contain them. In parts of the United States, without DDT, to provide reasonable protection against dan Instead it is a way of saying. insects have made it increasingly difficult gers to the Alaskan environment. Are we so "Wait a. Minute. Before we rush helter to grow lettuce, llma beans, sweet corn, and afraid of what might happen that we will skelter into immediate responses to such so on. sacrifice the enormous new sources of oil we problems of nationwide concern, isn't it Now, in time perhaps, substitutes for pres need for our homes, our cars, our jobs, our prudent first to take the time to know what ent insecticides can be developed and proved country? Will we sacrifice potential jobs for we are doing? To weigh all of the factors out. But in the meantime, most of the sub thousands of people who would be employed and consequences involved?" stitutes are uncertain or don't even exist. in the shipping industries, in Alaska and The whole question is whether by precip POWERPLANT SITINGS elsewhere? Wlll we turn our backs on all of itous action we will create an expensive gap the economic benefit.s to that state and to For another example, take the siting of between the present means and the later the country? new electric power plants. solutions. The environmental risks are recognized, 'rhis is all too familiar to many of you. I Again this is not a brief for DDT. This is but isn't it time we recognize that other con am sure. just a way of saying: siderations must also be taken into account The nation's need for more electric power "Wait a Minute. Before we act precipitously in the national interest? is rapidly outrunning our capacity to gener and ban products for one reason, shouldn't ate it, and our demands for energy are go we at least be certain that the cure is not EMISSION STANDARDS ing to double by 1980. worse than the disease?" And what a.bout the tougher emissions The answer would seem to be simply to standards for transportation? Certainly they ONE-INDUSTRY TOWNS build more power plants. should be sought and should be achieved. But in many areas of the country it bas What about one-industry towns? Today a But--wait a minute--in the past decade become almost impossible to do so. growing number of small communities across the a.mount of hydrocarbons given off by Environmentalist pressures in the courts the country are fearful that they will lose an automobile has already been reduced by have placed the entire atomic power program their life if their single sustaining industry is 80 percent, carbon monoxide emissions by 70 in suspense, just a.s we face our years of forced to close, either because of rigid en percent. And with existing capabilities, these greatest need. vironmental protection controls or because improvements can continue 1n an orderly The total amount of public and private they can't cope with the economic cost of way. construction being held up by environmen complying. But a. mandatory standard of the Clean tal actions in the United States today is For example: Air Act demands a 90 percent reduction be somewhere between $5 and $10 billion-a.nd In one California community, environ low the remaining levels by 1975. many of these are the electric power plants mental regulations closed down the biggest For hydrocarbons, according to experts, we must have to meet our needs. industry, a cement plant. The result--175 that level is as much as foliage gives off in So we are losing both electric power, and men out of work. the average yard of the average American at lea.st a $5 billion shot in the a.rm that our The same thing happened to a small chem home in the average suburb. country could use for new jobs and the ical plant in West Virginia. One hundred and The same experts estimate that every car economy. thirty men became Jobless. would have to be parked for two days after getting its tank filled-literally-because EXAMPLES There are many others. Isn't it time for someone to say "Wait a gasoline going from the pump to the car We all know the power trouble that New Minute?" gives off at least twice the dally allowable York City has been having !or years. Con Are the environmental dangers so immi hydrocarbons for that car. Ed is being forced to seek a.s many a.s 40 nent, so critical, that we have to throw thou Spreading one ounce of house paint re different approvals, many of them on en sands of productive people out of work? Are leases the same daily quota. of hydrocarbons. vironmental grounds alone, and untll it can the dangers so great, so immediate, that Burning up two logs on the fire in the fire get clean atomic power it has had to build whole communities must be run through the place also emits the dally quota.. high-cost, short-term gas turbine plants that economic Wringer? The list of examples could go on. further pollute the skies of New York. Isn't it time that we first measure all the The Environmental Protection Agency has Houston is another case in point. Genera.t evidence, recognizing legitimate concerns on reported to Congress that we simply do not ing plant construction has been blocked be the one hand, weighing them fairly against have the technology. to comply with some cause of complaints that the effluents, even valid considerations on the other, then a.ct of the standards that have been set in ac after a. costly cooling process, would raise reasonably and carefully to protect both the cordance with law. the temperature of the discharge basin some environment and the jobs? It may take a bit To try to achieve these standards will re two degrees above the present temperature longer but the end result would be far more sult in millions of dollars of added costs, levels. satisfactory. which inevitably have to go into higher con Isn't it time someone said: Wait a Minute. SST sumer prices. If we fix the right priorities-if we inte If we try to solve our environmental prob grate our environmental, technological and For another example, Congress killed the leins more quickly than our technology per economic interests--aZZ of them oan be served SST. mits, not only will we raise costs sharply and without one dominating the other. The two prototype airplanes could have suddenly, but we will also increase the num The President has urged the Congress to been used to test the environmental conse ber of false steps that we take along the way. enact legislation to resolve the power plant quences of supersonic flight. The incomplete state of our knowledge leads siting problem. He wants to assure public Instead, forty thousand jobs were lost, directly to pitfalls that can't be foreseen. discussion of plans, quick and proper resolu a.long with an estimated $450 million in So isn't it time to say: Wait a Minute. Let's tion of environmental issues, and timely con wages and other benefits, together with losses weigh each need against the technological struction of the facilities. in research, technology, aircraft leadership realities and let's not impose any more arbi A law along such lines is urgently needed. and foreign trade--a.11 immeasurable. trary deadlines that can't be met with the Shouldn't we as a nation have said "Wait technology in sight. DDT a. Minute?" Are we so afraid to build just two Let's do the things we can do first, while Another case in point is insecticides. expel'limensta.l airplanes tha.t we would will making orderly progress against the others. We all know there are valid arguments ingly sacrifice thousands of jobs, jeopardize against some of them, but in the rush away the the economic health of an entire city, OFFSHORE DRILLING from them, we can create massive new prob forgo the technological advantage of an What about offshore drilling? Certainly we lems. entire industry, and deny major beneflt.s to should take every possible practical step to For example, in New Jersey, without DDT, our balance of payments? stop polluting the oceans. November 5, 1971 CONGRESSIONAL RECORD - HOUSE 39541 But--wait a minute. are essential to satisfying human existence ment would buy up to 300 million bushels We have learned many things from the un on this planet. After all every new birth of wheat and 25 million tons of feed grains fortunate spill at Santa Barbara. brings us instantly a new polluter. But even at above-market prices. It could dispose of For one, university studies have proved the most ardent of the environmentalists any of this enormous stockpile only if mar that oceans are very sturdy systems, able to have yet to call for "no new starts" there. ket prices moved considerably above current take far more environmental punishment Here again I suppose we could say, "Wait levels. than man would ever willingly inflict. a.Minute." This arrangement, of course, would be Before we make offshore drilling too diffi But what I am talking about is the neces stacked on top of the existing price-support cult let's recognize that by the end of this sity to recognize that the pollution problem setup. Like the present program, too, it would decade, offshore wells will have to provide 30 exists in a real world, and it calls for balance channel benefits chiefly to the larger com percent of our oil. And it will also provide and objectivity. - mercial farmers who could get along very much o'f the low-sulphur fuel that is ur I can reduce it all to absurdity: well without government help. gently needed for clean air. If we had no cars on the street, there The Nixon administration quite correctly PROPOSALS would be no automobile pollution. thinks the reserve gimmick is a lousy idea, If we built no power plants, we would an open invitation to the waste and scandal As all of you know so well, there are many have no pollution from utilities. other matters which we could cite and say that has marked stockpile history in the past. If we washed no clothes we would have House Democrats profess to be delighted by "Wait a Minute." These examples make the no pollution of our waterways, and so on. point. Republican opposition, claiming that they But what kind of country would we have can use it to embarrass GOP candidates in Let me give you some specifics as to guide left? lines in dealing with these matters in the the Midwest next year. The line between that kind of nonsense Maybe there still are some votes that can future. and the kind of sense we need to resolve the First, a determination of the economic be bought with this sort of government give problem requires a sense of reality in dealing away, but their number has been diminish impact should be required before environ with the economic and technological factors, mental acts are mandated. ing, and not only because of the decline in and With the impatience of those who would the number of farmers. Many farmers have The public must know what the costs will like to clean up the ccuntry overnight. be, what the alternatives are, and whether it begun to recognize that the best hope for will get its money's worth. CONCLUSION their business lies in taking more of the Second, a technological determination The time has come to bring these things management responsibility away from gov should be prepared in connection with any into focus and stop overheating the view ernment. governmental action, indicating the time that we are killing ourselves today. Instead, the backward-looking Agriculture required to carry it out. Without pause or equivocation, we must Committee suggests moving toward even Third, we must avoid panicky, ad hoc continue to halt pollution of the world, but more federal involvement. approaches to the problems of air, land and we must do it realistically, soundly. Even though we all know there is more water pollution, and develop feasible, long This point of view is supported by people range plans to deal with them on a bal like Dr. Philip Handler, President of the than enough grain around, this bill would anced basis of regular, gradual improve National Academy of Sciences, who not long require the American taxpayer to shell ments, always with consideration of the ago said this: "My special plea is that we do out nearly $1.5 billion to accumulate 300 public interest and of the economic and not, out of a combination of emotional zeal million bushels of wheat and 25 million technological factors involved. and ecological ignorance, romanticizing tons of feed grains. Then he would get Fourth, government should study whether aibout the 'good old days' that never were, socked again with annual storage costs companies and industries can finance the hastily substitute environmental tragedy of over $200 million a year in the years improvements that they a.re being required for existing environmental deterioration. to make without prejudice to their finan Let's not replace known devils by insufficient ahead. cial security or their normal capital improve ly understood unknown devils." Grain farmers too would suffer in the ments and consider whether assistance might So all we seek fundamentally in these con -years ahead as this artificial glut was be required. siderations is a balance of values, a weigh dumped onto the market. Fi'fth, the Congress should be urged to ing of proper priorities, a measuring of the In order that all Members of the House support all of the President's environmental costs against the benefits. be more fully informed about this bad plans relating to other than the business And, gentlemen, ·if we approach our prob legislation, I include at this point in the areas, so that industry's progress will be lems in that spirit of balance and fairness, RECORD the following minority report on matched by progress in municipal disposal we can meet our ecological needs, clean up and other nonindustrial pollution prob the country and do so without undue eco H.R. 1163 as set forth in House report lems. nomic risks for anyone, all within the frame 82-575: Sixth, coordinated methods should be de work of continued technological progress. MINORITY REPORT veloped for governments to reach prompt That is the way I think we ought to do it. We oppose the enactment of H.R. 1163 be conclusive decisions on power plant loca cause we feel it is an ineffective and wasteful tions, as proposed by the President, in order gesture that will bring more mischief than to end those critical delays. MINORITY REPORT ON H.R. 1163- relief both to farmers and to the gen And finally, antitrust attitudes should be THE SO-CALLED STRATEGIC eral public. reviewed to determine the possibility of co GRAIN RESERVE BILL This bill purports to be a "strategic" re operative industry attempts, working to serve. Although the word "strategic" con gether to resolve environmental problems. 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, November 3, 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, November 2, 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 Portugal 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 Soviet Union 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 Cuba, 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: VIETNAM 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 May 1971 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 July 1971 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 Amchitka, 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 Laos 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 South Vietnam 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 Cambodia 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 March 15, 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 North Vietnam 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 1970s' capabil reduction in harmful exhaust emissions, or 9844, the Military Construct.ion Authoriza ity. There is no convincing need for such a air pollution control. This raises a question tion blll. Tha.t blll provided $183.6 million in near term capabllity. Moreover, while the not only of the propriety of Department of construction authorizations for Safeguard. NATO allies have expressed an interest in Defense involvement in such effort, but also The Senate reduction of $74 milllon in con- November 5, 1971 CONGRESSIONAL RECORD - HOUSE 39557 struction authorization was taken in recog U.S.C. 1202), for so long as the importa even greater; 35 percent of stainless cold nition of delays in the program caused by tion into the United States of material of rolled sheets, 68 percent of the market for slippage in construction work. The full im that kind which is the product of such Com stainless wire rods, and 54 percent for stain pact of these delays became known after munist-doininated countries or areas is not less wire. The imports have a direct effect on the House had completed its action on the prohibited by any provision of law." domestic employment and production in the bill. The House conferees were satisfied that Stated very simply, the language provides specialty steel and the ferroalloy industries. the construction funds would not be used in that the President cannot prohibit imports Discussion of the Senate position on this the fl.seal year for which intended; and the of a strategic material from a free world matter reflected the general consensus that Blouse, therefore, accepts the Senate reduc country if importation of such material is continued observance of the U.N. imposed tion. perinitted from a Communist-dominated embargo against the importation of chrome Section 403 of Title IV of the Senate bill country. ore from Rhodesia adversely affects the na also contained restrictions on the deploy The issue involved in the Senate language tional interests of the United States in that ment of the Safeguard ABM to two sites: is whether the United States need for chrome it-- Grand Forks Air Force Base in Grand Forks, ore, both from an econoinic and national se (a) makes the United States dependent North Dakota, and Malmstrom Air Force curity standpoint, should be subordinated to upon the Soviet Union as a major source of Base in Great Falls, Montana. The Senate the policy position established by the a critical defense material, bill further authorized advanced prepara United Nations in its sanctions against Rho (b) places U.S. steel producers in a very tion of ABM sites at Whiteman Air Force desia. unfavorable competitive position in both the Base at Knobnoster, Missouri, and Francis E. The United Nations Security Council, for domestic and international market, Warren Air Force Base at Cheyenne, Wyo the first time in the history of the United (c) contributes directly to unemployment ming. The House bill had included author Nations, on December 16, 1966, imposed man in the U.S. steel industry, and ization for continued deployment at Malm datory econoinic sanctions on Rhodesia. (ct) substantially increases pressure to re strom, Grand Forks and Whiteman and, in The country's prim.ary exports--asbestos, duce the amount of chrome ore maintained addition, had provided authorization for iron ore, chrome ore, pig iron, sugar, tobacco, in the national stockpile. advance deployment at both Francis E. War copper and meat and meat products were In view of these considerations, the House ren and at a possible National Command placed on the selective sanctions list. The agreed to accept the Senate provision on this Authorities site in the Washington, D.C., effective date of the sanctions order was subject. However, consistent with the objec area. The Senate bill, therefore, had the ef January 5, 1967. tives of the House-Senate conferees on this fect of eliminating deployment authorization On May 29, 1968, the United Nations Se mat'ter, the Senate conferees a.greed to accept for Whiteman and eliminating the possibility curity Council voted to broaden the sanc House language which places this statutory of advance preparation in the Washington, tions by imposing a virtual total embargo on change in the Strategic and Critical Materials D.C., area. all trade. On March 18, 1970, the Security Stockpiling Act (50 U.S.C. 98). The conferees on the part of the House Council reaffirmed existing sanctions and C-5A funding restrictions recognized that because of delays caused by called on member states to enforce them more strictly. Section 504 of the Senate amendment con construction problems, no appreciable tinues restrictions enacted for Fiscal Year amount of deployment work could move for The President of the United States, on ward at Whiteman in the present fiscal year January 5, 1967, issued an Executive Order, 1971 relating to the contingency funding for and that, because of delays, commencement Number 11322, which effectively imple the C-5A program and the requirement that mented the economic embargo adopted by such funds be utilized strictly for that pro of advance work for the Washington, D.C., gram. site, if found necessary, would not likely the Security Council of the United Nations. begin before fiscal year 1973. The Senate The United Nations Security Council Sanc The Defense Department had advised that tions Committee, in a report published In the restrictions contained in Section 504 of conferees assured the conferees on the part the Senate amendment had been incorpo of the House that it remained their intent June 1970, reported that it received 21 com to provide for the survivability of our la.nd plaints, all from the United Kingdom, of rated by reference in the restructured con based deterrent and that their actions were violations involving chroinite and ferro tract for the C-5A. The Department of De chiefly dictated by program delays. Mr. chrome shipments from Rhodesia to France, fense further advised as follows: "to preclude Arends, of the House conferees, while agree Japan, Netherlands, Italy, Spain, West Ger disruption of our negotiated settlement in ing to the conference report, wished to be many and the United States. The U.S.S.R. subsequent years, we further provided in the recorded as in continued opposition to the has identified Red China as another cus contract that these restrictions would con elimination of deployment authorization at tomer for Rhodesian material. Mozambique tinue if required by subsequent Congres Whiteman. and the Republic of South Africa did not sional actions. Accordingly, our contract with The House, therefore, recedes. observe the sanctions from the outset and Lockheed would not be breached by continu have helped to facilitate the exportation of ation of these restrictions in Fiscal Year 1972 The following compares the dollar amounts or in any future fiscal year under such by categories in ABM authorization. The Rhodesian chrome. The principal impact of the econoinic em circumstances." House amounts in each case were the bargo on imports from Rhodesia ts the in The Department of Defense further ad a.mounts requested by the administration. ability of the United States industry to im vised that although it did not favor con Senate bill amounts are the amounts agreed port chrome ore. tinuation of these general restrictions in to by the conference. Chroinium is a. strategic Inineral essential respect to the Lockheed contract, it would [In millions of dollars) to the production of steel. It is not produced "if the Congress Wished to do so, . . . ac in the United States. commodate whatever decision ls reached by There are legitimate and important na the Congress." House bill Senate bill tional security considerations involved in The restrictions embodied in Section 504 of evaluating continuation of our current reli the Senate amendment, among other things, Procurement______674.0 639.0 ance on the Soviet Union for more than 60 preclude the Lockheed Corporation from in R.D.T. & E______410.0 357.6 cluding bid and proposal costs, independent Military construction______172. 5 98. 5 percent of our national needs for a strategic Family housing ______11.1 11.1 and critical material like chrome. While research and development costs, and the costs
~~~~~~~~- 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 April 21 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 Israel 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 April 30, 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