EXTENSIONS OF REMARKS July 16, 1975 (b) Except as provided in subsection ( c) , ( c) Subsection (b) does not apply to the ment, or intelligence duties, if the head of a Government agency may not- purchase, hire, lease, operation, or mainte­ such agency determines that exclusive con­ ( 1) purchase, hire, lease, operate, or main· nance of motor vehicles for- trol of such vehicle is essential to the effec­ tain any limousine; ( 1) the transportation of Ambassadors sta­ tive performance of such duties. (2) employ or procure the services of any tioned or conducting business abroad, or (d) No officer or employee of a Govern­ person as a driver for a single officer or em­ for the personal use by the President, and ment agency, other than those referred to ployee of a Government agency; or one each for use by the Vice President of in subsection (b) (3) (A) or (b) or subsec­ (3) pm·chase, hire, lease, operate, or main­ the , the head of each execu­ tain passenger automobiles for the trans­ tive department, the Chief Justice of the tion (c), may be furnished a passenger auto­ portation of any officer or employee of a Gov­ United States, the President pro tempore of mobile to be operated by a person other th~n ernment agency between his dwelling and his the Senate, the Speaker of the House of such officer or employee. place of employment, except in the case of Representatives, the majority and minority By Mr. SNYDER: (A) a medical officer on outpatient medical leaders of the Senate and of the House of On page 334, line 11, add new subpara­ service, or (B) an officer or employee engaged Repre-entatives, the majority and mino1·ity graph (ix) as follows: in field work in remote areas, the character whips of the Senate and of the House of "The Administrator shall not under this of whose duties make such transportation Representatives, and the United States Rep­ SP,ction prohibit, impair, or alter the de­ necessary, and in either such case, only when resentative to the , and livery of natural gas which would be used such exception is approved by the head of (2) use by a Government agency in the u.ader emergency conditions including, but the Government agency concerned. performance of investigative, law enforce- not limited to, air pollution alerts."

EXTENSIONS OF REMARKS

SECOND IN A SERIES OF TWO AR­ As of January 1, 1974 the U.S. and the In truth, the SALT agreements are c£ guar­ TICLES-SOVIET NAVAL POWER U.S.S.R. both had 192 destroyers and frigates antee that the U.S. will descend into a per­ OUTSTRIPS THE WEST apiece. However, the Soviet ships have, with manent condition of strategic inferiority few exceptions, been constructed since 1960. compared to the . Most of the U.S. destroyers are an average of Under SALT I the Soviets were given a 41 HON. LARRY McDONALD 20 years old. In the category of small missile percent superiority in land-based missiles, a era.ft and torpedo boats, the Soviets enjoy an OF 34 percent superiority in sea-based missiles, overwhelming superio1·ity, with 511 units to and a 50 percent superiority in strategic sub­ IN THE HOUSE OP REPRESENTATIVES a total of only 32 for the U.S. marines. Tuesday, July 15, 1975 The U.S. is the pioneer in the field of nu­ By mid-1977 the Soviets could have a fleet clear-powered submarines. However, expe1·ts of 62 Delta-class submarines with up to 950 Mr. McDONALD of Georgia. Mr. tend to agree now that the Soviets have missiles, while remaining within the SALT Speaker, the American people have a about caught up to us. "constraints." Not covered under SALT are right to know the facts about So­ The Soviets now have about 90 nuclear­ the older Soviet Hotel-class and 22 diesel viet naval power. American naval power powered submarines, while we have 102. The Golf-class submarines, armed with a total of is in the process of becoming inferior to Soviets have built 33 Yankee-class missile almost 100 missiles. submarines, which are similar to the U.S. Soviet warships are assisted in their oper­ the SoViet force, yet the popular miscon­ Polaris, and are armed with 16 nuclea.r­ ations by a. fleet of 40 spy ships, jammed ception in this so-called age of detente tipped missiles with a range of about 1300 with electronic gear. These intelligence­ lulls our Nation to sleep. While Secretary nautical miles. Soviet Yankee-class submar­ ga.thering craft regularly keep watch off the of State Henry Kissinger negotiates our ines regularly patrol our Atlantic, Pacific, U.S. Polaris submarine bases at Holy Loch, country into submission, men like Prof. and, G1.tlf of Mexico coasts. Scotland, Rota, Spain, and Apra. Harbor, Wayne C. Lutton of the American Chris­ Starting in 1973, the Soviets introduced Guam. tian College are attempting to dissemi­ the first Delta class submarines. The Deltas Others operate along the southeastern are cun·ently the largest undersea craft in coast of the U.S. in a position that permits nate the truth about our weakened mili­ the world, with an estimated displacement of surveillance of the Polaris base at Charles­ tary capabilities to the American people. 10,000 tons and length of 450 feet. ton, South Carolina, and missile launch­ In turn, as a member of the Subcommit­ The Deltas have 12 missile tubes designed ings from Cape Kennedy. tee on Seapower and a representative to fire the SS N-8 missile, which has a 1·ange All of the Soviet spy shipo are under the from the Seventh Congressional District of 4200 nautical miles. This means that direction of the 8th Directorate (code-break­ of Georgia, I feel that it is my duty to Deltas can hit ta1·gets such as San Francisco ing and surveillance) of the KGB in Mos­ assist persons like Professor Lutton in his and, New York without straying far from cow. work. The following article is the second their sub bases at Vladivostok and, Mur­ By comparison, the U.S. has phased-out its in a series which appeared in Christian mansk. small fleet of spy ships, following the bom­ Secretary of Defense Schlesinger has re­ bardment of the USS Libe1·ty by Israel and Crusade Weekly on March 2 of this year: ported that by the middle of this year the the captm·e of the Pueblo by the North SOVIET NAVAL POWER OUTSTRIPS THE WEST Soviets will have 51 or 52 Yankee and Delta Koreans on the high seas. (By Wayne Lutton) class submarines, carrying at lea.st 744 nu­ Until the pa.st few yea1·s the Soviets had Last week, I traced the development of the clear-armed missiles. few overseas naval bases available to their Russian Navy in the post-World War II era In addition to their nuclear fleet, the So­ warships. This, too, has changed. The So­ and concluded by detailing the current viets have 260 advanced diesel-powered sub­ viets have several ports available to them strength of the Soviet surface fleet. ma.1·ines. Over 150 of these are attack models in the waters of the Indian Ocean. A further example of Soviet strength is intended to destroy merchant shipping. In 1971 the Russi.ans signed a Treaty of the new and highly advanced Kresta II class Others are equipped with ballistic missile Friendship, Peace and Cooperation With the frigates which the Russians began deploying tubes. leftist government of India. Soviet technical in 1970. The Kresta II carries the new SS-N- The U.S. has only 15 conventional craft in assistance has enlarged the capabilities of 10 antiship missile, heavier guns, more tor­ use. Thus, in terms of total numbers, the the Indian east coast naval base at Visak­ pedo tubes, and ASW rocket launchers. Soviets have a.round 850 modern subm9.1•ines, llapatnam. The Soviets have also been building even over three times the U.S. fleet of 117 ships. The Soviets also have installations off the la1·ger Kara class missile cruisers and the first Our nominal NATO allies, France and Brit­ Gulf of Aden and astride the southern en­ of these heavily armed ships entered the ain, have a. further 55 submarines in opera­ trance to the Red Sea and Suez C.anal. Mediterranean in 1973. tion. However, their governments are unde­ Closer to the U.S., the Soviets have been As of January 1, 1974, the Soviets possessed pendable and their units of doubtful fighting giving increasing attention to the Caribbean a fleet of 29 modern cruisers, while the U.S. quality. In any case the combined U.S., since Fidel Castro took over Cuba in 1959. had a total of only seven, with Brita.in and French and British fleets in no way come Since 1969 Russian submarines have been France having an additional total of four. calling at Havana and Cienfuegos on a close to matching the strength of the Soviets. regular basis. Clearly, the Russians have a surface fleet "Our ability to apply power overseas is armed with guns and missiles that can now As the reliable Times of the Americas shrinking at an impressive rate," warns re­ reported last April 3, Havana Harbor is being operate in waters that previously saw only cently retired Chief of Naval Operations Ad­ western warships. modernized to carry a larger volume. The Along with a fleet of the most powerful miral Elmo Zumwalt. importance of a. Soviet nav.a.l base only 90 heavy cruisers in existence, Russia ha.s also Under the guidance of Henry Kissinger, miles off the Florida coast need hardly be built, since the early 1960S, numerous missile the U.S. has entered into the SALT ag1:ee­ emphasized. destroyers, escort ships, small missile boats, ments-Strategic Arms Limitations Talks. As a companion article by ACC President torpedo boats, and other auxiliary ships. SALT has been hailed by the liberal press as David A. Noebel points out, the Soviets hope Many of these ships play a role in anti-sub­ being giant steps forward in the quest for to gain control of Portugal in the near future, ma.rine warfare. peace. thus checking the U.S. base at Rota, Spain July 16, 1975 EXTENSIONS OF REMARKS 23197 and presenting the Russians with the possi­ Resolved, That the ·Town Clerk is hereby tl1.e two systems as antagonistic and mutually bility of closing the Mediterranean Sea and directed to forward copies of this resolution exclusive alternatives . . North Atlantic to Western shipping. to all members of the Connecticut Congres­ They have failed to reckon with the out­ At a time when the Soviets have been sional delegation in Washington, D.C. ward spread of population and economic ac­ vastly increasing their naval forces, the U.S. tivity into the suburbs and beyond, the has cut its defense budget. In the last sev­ RESOLUTION growth of lateral commuting, around the rim eral years, the fraction of our Federal budget of the urban wheel rather than along its Whereas, The Present economic problems spokes to the hub, and the burgeoning cost spent for defense has dropped from around of this Country are placing particularly diffi­ 55 per cent to less than 30 per cent-a re­ of operating deficits characteristically accom­ cult hardships on elderly and retired persons panied by reduced ridership. duction of almost 50 per cent. who must live on fixed incomes; and Our new Chief of Naval Operations, Ad­ Prof. Alan A. Altshuler of the Massachu­ Whereas, Many retired people own their essts Inst itute of Technology, in recent testi­ miral James L. Holloway, has noted that homes and are financially unable to provide many Americans fail to realize what is hap­ mony in Washington, expressed oncern over adequate maintenance of their property; and . public misunderstanding of this situation. pening with the Soviet Union on the high Whereas, The Elderly Homeowner Relief seas. He and others concerned with our na­ Until recently secretary of transportation Bill, S-667, before the for Massachusetts, Altshuler still regards tional security have emphasized the need for Finance Committee, will provide various the U.S. to modernize our surface fleet and himself as an advocate of improved and ex­ forms of economic relief to retired home­ tended mass transit. give top priority to the Trident submarine owners; now, therefore, be it program. The Tridents will carry 25 nuclear­ But he is appalled by the possibility that Resolved, That the Hartford Court of Com­ billions may be poured into deve10pment missiles and can serve as a check upon the mon Council does hereby go on record as Soviet Deltas. and operation of transit systems for which strongly supporting the passage of this elder­ there is in fact no foreseeable market. Lastly, it should now be clear to even the ly homeowner relief bill; and be it further most casual observer that the foreign policy About two-fifths of combined highway­ Resolved, That the Town Clerk is hereby transit from the Federal govenrment to charted for the U.S. by Henry Kissinger c.an directed to forward copies of this resolution only lead to the eclipse of America as a great urban areas in the coming fiscal year will be to all members of the Connecticut Congres­ for transit, a mode that accounts for about power. Kissinger has followed the lead estab­ sional delegation in Washington, D.C. lished by Kennedy, Johnson, McNamara and 5 percent of urban passenger miles of travel. Walt Rostow. Our best guarantee of national Altshuler believes that urban dispersal "has survival rests upon a return to a defense already imposed very stark limits on the policy based on U.S. superiority, assisted by patronage potential of fixed route transit dedicated diplomacy. The alternative policy IS MASS TRANSIT AN UNREAL service," i.e., subway trains. of detente is actually "Surrender by the DREAM? Existing routes and extension plans are installment plan." largely predicated on the spoke-hub model of the city, one which is almost obsolete. HON. BUD SHUSTER Even in metropolitan areas larger than 1 million, he points out, only 9.4 percent of OF PENNSYLVANIA employed residents worked in central busi­ THE RESOLUTIONS FROM THE IN THE HOUSE OF REPRESENTATIVES HARTFORD COURT OF COMMON ness districts and fewer than half of these Wednesday, July 16, 1975 were suburban residents. COUNCIL Altshuler calculates that public expendi­ Mr. SHUSTER. Mr. Speaker, mass tures to meet operating deficits of transit transit had better not be an unreal systems in this country increased from $12.4 HON. ANTHONY TOBY MOFFETT dream because, if it is, America's great million in 1964 to $1.3 blllion estimated for OF CONNECTICUT metropolitan centers are doomed. Never­ last year. IN THE HOUSE OF REPRESENTATIVES theless, there is much truth in the fol­ Facilities are constructed at high planning lowing editorial by David Wilson which cost and top union pay scales. They are Wednesday, July 16, 1975 designed to run at a. loss and to transport appeared in the July 5 Boston Globe. The people who cannot afford to pay for the Mr. MOFFETT. Mr. Speaker, I would Urban Mass Transit Administration in­ like to place in the RECORD two resolu­ service. Operating employees recognize Fed­ forms me that, even with unlimited re­ eral subsidy to be a bottomless reservoir tions recently passed by the Hartford sources, only 10 percent of America's pas­ of potential pay increases and fringe bene­ Court of Common Council. The first sug­ senger travel would be done on fixed rail fits. Collective bargaining is a. farce as tran­ gests some of the possible implications mass transit. The point being that most sit unions whipsaw public management be­ for revenue loss as a result of the recent mass transit will occur over highways. tween the power to strike and the power to proposal by the Department of Health, Once this fact is recognized, the most vote. Education, and Welfare that moneys ardent mass transit enthusiasts may be­ Meanwhile, 95 percent of the travel in under the Social Security Act be sub­ gin to see the need to modernize Ameri­ urban areas continues to be by other means mitted monthly rather than quarterly to of transportation. ca's highway system. Without the high­ Altshuler sees a shift to car pools, vans, Washington. The other takes an admi­ way trust fund, we would not have ade­ dial-a-ride and other flexible systems as the rable position in favor of genuine eco­ quate roads for cars, trucks, or mass best prospect for achieving goals of fuel nomic relief for retired homeowners. transit. conservation, reduced traffic congestion, less The resolutions follow : The editorial follows: pollution and adequate service. But massive RESOLUTION Federal subsidy, he believes, is not the MASS TRANSIT: UNREAL DREAM Whereas, Proposed U.S. Senate Bill 1685, answer. presently before the U.S. Senate Finance (By David B. Wilson) More likely to achieve these goals, he be­ Committee will amend section 218 of the Nice people are for mass transportation. lieves, is regulation by price-boosting the Social Security Act thereby allowing states Wicked polluters are for gas-guzzling mon­ cost of fuel, vehicles, registration, parking to continue to make social security payments sters, superhighways and parking lots. and so on. The result would be creation of and reports on a calendar-quarterly basis as The fact is, public transportation is a lit­ market for the cheap, more flexible, less capi­ opposed to HEW's proposal that said monies tle like busing for school integration: The tal-intensive modes of travel. be sent to Washington on a monthly basis; people most enthusiastically in favor of it He may or may not be right about this. and are those lea.st likely to have to encounter it. But the picture he paints of the economics Whereas, The HEW proposed monthly so­ The suburban mind's capacity for auto­ of rapid transit should give pa.use to liberals cial security payment would result in an esti­ therapeutic self-deception is apparently in­ still living in the toy-train dream world mated loss of $700,000 in short-term invest­ exhaustible. of a decade ago. ment money for the State of Connecticut; Support of busing downtown gives the lib­ and eral suburbanite a fine feeling of solidarity Whereas, HEW's proposed monthly social with the oppressed while protecting him from security payment would result in an esti­ the necessity of much personal contact with BEA VER COUNTY CONTRIBUTED mated loss of as much as $250,000 in short them. TO U.S. HISTORY term investment revenue for the towns and His support for mass transit is derived Cities in Connecticut; and from the belief that if enough people can be Whereas, This change to monthly social se­ induced to take the subway he will run into fewer traffic jams and less air pollution while HON. GARY A. MYERS ~urlty payments would only create more red OF PENNSYLVANIA tape for every town and City in Connecticut; operating his own car. now, therefore, be it Nevertheless, the liberal litany has con­ IN THE HOUSE OF REPRESENTATIVES Resolved,, That the Hartford Court of Com­ demned the automobile and exalted the Wednesday, July 16, 1975 m.on Council does hereby go on record as rapid transit train for so many yea.rs that strongly supporting Senate Bill 1685; and, attitudes have become petrified. People who Mr. MYERS of Pennsylvania. Mr. be it further should know better persist in thinking of Speaker, during the month of August, 23198 EXTENSIONS OF REMARKS July 16, 1975 Beaver County, in my district, the 25th of more they enjoy the political euphoria. of broken neck in an auto accident. Astonished Pennsylvania, will celebrate its 175th "goodies" bought with billions in taxes they at the lack of medical knowledge in this birthday with appropriate ceremonies. have paid Uncle Sam, the more they'll sleep. field and infuriated by the prevalent atti­ Beaver County, Mr. Speaker, served as For it threatens us more and more with tude, "The sooner she dies, the better," the the gateway the West when our fore­ the kind of financial disaster that struck librarian from Birdeye set out to make her to Germany when a wheelbarrow of pa.per mark in medical history. In belief that quad­ fathers explored the wilderness and money was needed t-0 buy a loaf of bread. riplegics (persons with paralyzed arms and stayed to unite a great Nation. Going into more and more debt is like legs) , such as her mother, deserved more The Beaver County Times, a fine news­ drinking hard liquor. One or two drinks may than an early grave, she searched for help paper in my district, commented on the make you "feel good." "Feeling good" is con­ and later that year found Dr. Howard A. history of Beaver County and its contri­ tagious, you want to continue, so the more Rusk at the New York University Medical butions to the Nation. I believe the oc­ drinks you consume the more of a drunk you Center. become. Dr. Rusk offered the first glimmer of hope casion, and the editorial, is worthy of Germany went bankrupt, a disaster which sharing with my colleagues: that proved to be the light at the end of the led to loss of freedom and the ascent of tunnel. He subscribed to the belief that BEAVER COU NTY CONTRIBUTED TO U.S. Adolph Hitler, then to World War II. paralyzed persons not only deserved a bet­ HISTORY Since Franklin Roosevelt's election to four ter life, but were capable of leading one. Beaver County will mark an important terms in the presidency our politicians have Through her association with Dr. Rusk, mile.stone in its proud hi.story next month. become addicts of that "good feeling" which Mrs. Smith met other leading authorities in Preparations are now underway for observ­ comes from handing out more and more the field. She learned that the apathy to­ ance o:f the 175th anniversary of the estab­ money and going further and further into ward paralyzed persons was universal and lishment of the count y as a political entity. debt tmt il we now are faced with an astro­ not confined only to Mid-South doctors. Ap­ The event will be marked with a three-day nomical debt of $487,600,000,000--or $2,800 palled by the situation, Mrs. Smith pledged celebration to be held Aug. 1, 2, and 3. It wm for every man, woman and child in our coun­ her life to helping correct this problem. take place at the Court House in Bea,•er, seat try. Our government even has to borrow After almost twenty years of helping others of the county government. money to pay the interest on money it has receive better medical ca.re, the lady from Beaver Countians have good reason to cele­ already borrowed, now running $30 billions Birdeye made her largest contribution when brate their rich historical heritage. For what per year. she headed the first survey of spinal cord is now Beaver County had great influence on Historically, going back to the earliest injured persons by the Arkansas league for the development of the then-young nation times, unpaid national indebtedness has Nursing. The survey, only the third o:f its that has become the greatest country on ended in dictatorships. Surely, nations kind in the Nation, found more than 1,100 earth. through all history, like individuals, have Arkansans suffering from spinal cord injury In its in:fancy, Beaver County was the gate­ borrowed money to meet temporary emer­ or damage. Furthermore, it found that a way to the wilderness to the west. It was the gencies. Those that survived tightened their fully coordinated approach to the early rec­ site o:f two military outposts, Fort Mcintosh belts and paid off their indebtedness. This ognition, emergency care and transportation, in what Ls now Beaver and the encampment we have not done since Roosevelt. Instead, definitive treatment and rehabilitation, and where Gen. "Mad Anthony" Wayne trained the cure for every need has become deficit long-term management direction was lack­ his American Legion in preparation for the spending. It has become a habit, even in good ing yet essential to guaranteeing these pa­ Battle o:f Fallen Timbers. (It was from the times. tients the opportunity to lead a more use­ name given the troops who trained there that The sums Congress and the President are ful life. It also pointed out that only the the name Legionville, now part of Harmony proposing would bring our national indebt­ wealthy can afford the medical support Township, is derived.) edness to $662,800,000,000. needed for these persons. Recommendations In addition to its invaluable role in open­ It flabbergasts the mind. Digest it care­ of the survey were that the State establish ing the West to settlement by the white man, fully. a funding mechanism, develop and operate a Beaver County also had vast influence in the spinal cord treatment center and coordinate industrial development of the :fledgling treatment and rehabilitation efforts. United States. PARAPLEGICS HAVE A CHAMPION As a result of the survey, the Arkansas From that small beginning on what was General Assembly established a State Spinal then the country's western frontier, Beaver Cord Commission and appropriated one mil­ County ha.s grown into the industrial giant HON. BILL ALEXANDER lion dollars to fund it. The nine commis­ that it ls today, one of the nation's major OF ARKANSAS sions, appointed by the governor, are charged manufacturing centers. Truly, Beaver Coun­ Il~ THE HOUSE OF REPRESENTATIVES with developing an Arkansas Spina.I Cord tians have much to celebrate as their home Treatment Center, and in the meantime co­ county marks its 175th anniversary, as they Wednesday, July 16, 1975 ordinating the care given to the spinal cord will have when the Bicentennial Ls observed. ALEXANDER. Ar­ injured patients. The commission would also In today's Times is a 104-page tabloid-size Mr. Mr. Speaker, arrange for financial assistance for persons supplement which recounts many o:f the kansas is blessed with many citizens who unable to pay. Additionally, until a center highlights in Beaver County's rich historical are dedicated to serving the needs of could be opened, the commission will con­ heritage. It Ls our hope that this wlll not only others. Few are as dedicated as Mrs. tract with other agencies or institutions to serve as a historical record o:f our county's in­ Mau1ice "Jane" Smith. Her untiring ef­ provide the services deemed necessary. estimably valuable contributions to the de­ forts on behalf of spinal cord injuries velopment of our great country, but that it have resulted in the passage of landmark will, also, instill new pride in their county legislation by the 17th General Assembly and their country among all Beaver of the Arkansas Legislature which cre­ CAPTIVE NATIONS WEEK Countia.ns. ates a State Spinal Cord Commission. The act is the first of its kind in the HON. GARNER E. SHRIVER 40-YEAR DRUNK Nation. I would like to share with my col­ OF KANSAS leagues an article which outlines the IN THE HOUSE OF REPRESENTATIVES HON. WILLIAM L. ARMSTRONG work of Jane Smith, truly an asset to the Wednesday, July 16, 1975 COLOJtADO people of her State and all those across OF Mr. SHRIVER. Mr. Speaker, the ob­ IN THE HOUSE OF REPRESENTATIVES the Nation who are afflicted with spinal cord injuries: servance of Captive Nations Week is al­ Wednesday, July 16, 1975 ways a meaningful event, but it is of PARAPLEGICS HAVE A CHANCE extra significance on this occasion. For Mr. ARMSTRONG. Mr. Speaker, a few LITTLE Rocx.-Mrs. Jane Smith has spent a days ago the Colorado Springs Gazette lifetime working for better medical care for the first time in 15 years, we have seen Telegraph published a trenchant edito­ persons with spinal cord problems. And be­ the list of captive nations grow, as Cam­ rial which sums up in a few succinct cause of her efforts, the seventieth General bodia, South Vietnam, and Laos have paragraphs the folly of Federal spending Assembly of the Arkansas Legislature passed fallen under the yoke of Communist policies. I commend it to the attention a landmark bill in establishing a compre­ distatorship. of my colleagues: hensive care program for treatment and There is no reason to hope that this rehabilitation of spinal cord injured per­ will be the end of it. Unfortunately, the 40-YE AR DRUNK sons and those with associated problems. sad fact is that the Communists are Bismarck's famous era.ck, "The less people The Act, which is the first of its kind in know a.bout how sausages a.nd laws are ma.de, the Nation, also established a State Spinal never satisfied with what they already t he bett.er they'll sleep at night," ha-s a. new Cord Commission to administer the program.. have. On the contrary, even today they and approprta.t.e application. Mrs. Smith became interested ln thls often are working hard in country after coun­ The less people understand the portent of forsaken medical problem almost two dec­ try to impose their will on the people. our explosive national indebtedness and the ades ago when her mother received a Experience has shown that no nation July 16, 1975 EXTENSIONS OF REMARKS 23199 will ever willingly choose to be subjected merely guarantees to the States the right of Chief Justice Story in 1832) a.s a "strong to Communist rule. For example, just the States to have militias, and that the Sec­ moral check against the usurpation and arbi­ ond Amendment does not guarantee any in­ t1·ary power of rulers". recently we have seen 87 percent of the dividual rights! This view is completely Second, the government was not to have people of Portugal repudiate the Com­ wrong, for several reasons. the power to declare who sha.11 or who shall munist choice in a free election. Yet, Each and every other one of the Bill of not be allowed to keep and bear arms on the the Communists have never allowed the Rights which speaks of a. "right of the peo­ basis of religion or any other a.rtifice which wishes of the people to stand in their ple" has been interpreted by the United might be used to disarm the people. way when it comes to taking over a States Supreme Court as guaranteeing an in­ Third, the people's ability to form a. militia, country. In recent weeks the voices of dividual right. Thus, for example, the First by the prior private keeping of arms, was non-Communist newspapers and radio Amendment "right of the people peaceably not to be thwarted as had been perpetrated to assemble" has been construed as an in­ by the British Crown in Massachusetts stations have been brazenly silenced in dividual right (to demonstrate). Moreover, where the inhabitants of Boston had been re­ that unhappy country. Perhaps the the Fourth Amendment "right of the people quired to deliver up their arms in a mass con­ trend in Portugal is not yet irreversible. to be secure in their persons, houses, papers, fiscation scheme. We pray that it is not. Yet the situation and effects, against unreasonable searches Fourth, the people's right to keep arms was remains extremely dangerous and must and seizures" has likewise been construed as not to depend upon the actual existence of a serve to warn all free men of the readi­ an individual right. militia, for the federal Congress could always ness of the Communists to exploit any And the Ninth Amendment recitation, that outlaw the militia. or allow it to become non­ situation which can be turned to their "The enumeration in the Constitution, of cer­ existent (pursuant to the powers of Con­ tain rights, shall not be construed to deny gress "To provide for calling forth the Mili­ gain. or disparage others retained by the people", tia. ..." and "To provide for organizing, Mr. Speaker, the United States has has likewise been construed by the United arming, and disciplining the Militia ..." as entered the period in which it is cele­ States Supreme Court as guaranteeing an in­ enumerated in the body of the Constitution brating the Bicentennial of its own lib­ dividual right (to use contraceptives). at Article I, Section 8, clauses 15 and 16). eration from foreign domination. As we Thus, every use of the phrase "right of The original proposal for the Second rejoice in the memory of those gallant the people" in the Bill of Rights refers to in­ Amendment declared that a well regulated men and women who gave their lives to dividual rights, not to States Rights. Indeed, militia. was the "best" security of a. free State, secure our liberty two centuries ago, let the Tenth Amendment makes this distinc­ but this was changed to merely "necessary" tion between individual and States rights to the security of a free State. Necessary, but us not forget our fell ow men in Eastern even more sharp in stating: "The powers not not sufficient! For in constitutional law, Europe, Asia, and Cuba who yearn also delegated to the United States by the Con­ "necessary" does not mean "absolutely nec­ to be free. Let us never waver in our re­ stitution, nor prohibited by it to the States, essary" or "indispensably necessary". When solve to work for the day when all na­ are reserved to the States respectively, or to the United States Constitution means to im­ tions and all men will live in liberty. the people". Thus, the Framers of the Bill of ply "absolutely necessary", the Constitution Rights had a clear distinction in mind: explicitly uses the term "absolutely neces­ When they intended individual rights they sary". (Example: U.S. Constitution, Article I, used the phrase "right of the people" (just Section 10, clause 2: "No State shall, with­ as in the Second Amendment!) . THE SECOND AMENDMENT-ITS out the Consent of Congress, lay any Imports The proposal for the Second Amendment or Duties on Imports or Exports, except what MEANING TODAY in the First Congress (1789) originally con­ tained the exemption: "but no person relig­ may be absolutely necessary for executing it's iously scrupulous shall be compelled to bear inspection Laws".) HON. JOHN M. ASHBROOK arms". This exemption for those we now call Thus, the Framers of the Bill of Rights ex­ OF OHIO "conscientious objectors" was opposed (ulti­ pressed the thought that the Militia was not the best guarantee of the security of a. free IN THE HOUSE OF REPRESENTATIVES mately successfully) by the famous Elbridge Gerry. society, nor was the Militia thought to be Wednesday, July 16, 1975 In undoubtedly the most important state­ sufficient or even absolutely necessary to the security of a. free State, but that other as­ Mr. ASHBROOK. Mr. Speaker, I re­ ment on the Second Amendment, which has been since then systematically gerryman­ pects and features of the people's right to cently received a scholarly article on the dered (by legal "scholars", by the news media, keep arms would be required to add up to a. meaning of the second amendment by by the U.S. Department of Justice, etc.), sufficient guarantee of the security of a free David I. Caplan, Ph. D. Dr. Caplan is Elbridge Gerry said (in full): State, namely, the private keeping of arms legal director of the Federation of "This declaration of rights, I take it, is to serve as a fundamental check and balance Greater New York Rifle and Pistol Clubs. intended to secure the people against the in the hands of the people. Dr. Caplan presents a strong historical ma.I-administration of the Government; if It is further instructive to note that a and legal argument that the second we could suppose that, in all cases, the rights proposal in the First Congress to dilute the of the people would be attended to, the occa­ Second Amendment, by adding the quali­ amendment constitutionally protects the sion for guards of this kind would be re­ fication "for the common defense" to "the right of the individual to keep arms for moved. Now, I am apprehensive, sir, that this right of the people to keep and bear Arms", both self-defense and the common de­ clause would give a.n opportunity to the peo­ was voted down! Thus, the Framers explicit­ fense. For the information of my col­ ple in power to destroy the Constitution it­ ly refused to limit the right to keep arms to leagues I am including the text of the self. They can declare who are those re­ the common defense, such a.s the Militia, article in the RECORD: ligiously scrupulous, and prevent them from thereby showing that the private right of bearing arms. self defense with arms was to be continued THE SECOND AMENDMENT-ITS MEANING a.s a. Constitutional right, just as had been TODAY "What, sir, is the use of a militia? It is to prevent the establishment of a standing previously true under British common law (By David I. Ca.plan, Ph. D.) army. Now, it must be evident that, under (court decisions) which set the minimum The Second Amendment to the United this provision, together with their other standards for rights guara.nteed in the Bill States Constitution is one of the first Ten powers, Congress could take such measures, of Rights. And the British common la.w clear­ Amendments, the Bill of Rights, and a.s such with respect to a. mllitia, as to make a. stand­ ly provided for the right of "Gentlemen to was passed by the First Congress in the year ing army necessary. Whenever Governments ride armed for their Security" a.nd for the 1789 and then ratified by the original states mean to invade the rights and liberties of right of every "private person" to "arm him­ in 1791. The purpose of each and every one the people, they always attempt to destroy self for the Purposes" of the "killing of those of these amendments was to set forth specific the militia, in order to raise an army upon who a.re engaged in a. Riot, or a. Forcible limitations on the powers of the central (fed­ their ruins. This was done by Great Britain Entry". eral) government and thereby provide "every a.t the commencement of the late revolution. Indeed, the English Bill of Rights of 1688 desirable safeguard for popular rights". They used every means in their power to pre­ (section 7) explicitly provided that "the sub­ (James Madison) vent the establishment of a.n effective militia. jects which are Protestants may have arms Thus, for example, the First Amendment to the eastward. The Assembly of Massachu­ for their defence suitable to their condi­ specifically prohibits the federal government setts, seeing the rapid progress tha.t admin­ tions and as allowed by law", a.nd thus the from abridging freedom of speech and press, istration were making to divest them of their famous Sir William Blackstone (with whose religion, and "the right of the people peace­ inherent privileges, endeavored to counteract works the Framers were most familiar) num­ ably to assemble, a.nd to petition the Govern­ them by the organization of a militia.; but bered among the "absolute right of individ­ ment for a. redress of grievances". they were always defeated by the influence of uals" the right of "having arms for self­ Likewise, the Second Amendment provides: the Crown." preservflltion and defense". Of course, the "A well regulated Militia., being necessary to Several points were made by Gerry. First, above qua.lifica.tions on ha.v,ing a.rms, a.s stated the security of a free State, the right of the the Second Amendment secures the people in the 1688 English Bill of Rights ("suit­ people to keep and bear Arms, shall not be "against the mal-adminlstration of the gov­ able to their conditions and a.s allowed by infringed." ernment", that is, the keeping of arms by law"), reserves certain powers of regulation The news media of today continually trum­ the people in their homes a.nd business estab­ to the Government and sets certain limita­ pet the line that the Second Amendment lishments was to serve (in the words of tions on the type of arms protected by the 23200 EXTENSIONS OF REMARKS July 16, 1975 English Bill of Rights. Similarly, there may serves to prevent any contemplation of ex­ guidance to growth and development in be certain room for Governmental action un­ ecuting such plans by government, State or our communities and counties. I strongly der the Second Amendment to regulate the Federal, along the lines of mass break-ins, right to bear arms. It 1s sufficient to say now mass searches, and mass arrest under guise believe that this planning must be ac­ that subsequent cases in the United States of law. For, "one of the ordinary modes by complished by the people who live in have held that the Second Amendment right which tyrants accomplish their purposes that community or county and must, to keep arms 1s limited to those arms "as are without resistance, is by disarming the peo­ therefore, either benefit or suffer by rea­ usually employed in civiUzed warfare, and ple." This ls the lesson of Nazi Germany, son of that planning program. Many that constitute the ordinary military equip­ the Warsaw ghetto, the military junb in counties and communities in Utah have ment"; but as to those military arms useful Chile, and the fears of our Founding Fathers. a planning commission or committee in !or self-preservation and defense (not nu­ Thus, the famous constitutional euthority operation and many are successful. But clear weapons of course) the right to keep Judge Thomas M. Cooley well-stfl.ted that them is "absolute" and "unqualified", but the right declared by the Second Amend­ meaningful planning and implementa­ only the right to bear them for individual ment "was meant to be a strong moral tion is not easy work. During my time as self-defense and for the defense of the State check against the usurpation and arbitrary executive du·ector of the Four Corners may be regulated, but not prohibited. How­ power of nllers, and as a necessary and affi­ Regional Development Commission, I ever, the right to keep arms includes the cient means of regaining rights when tem­ saw many illustrations of the failure of right to "purchase and practice their use". porarily overturned by usurpation", and that so-called "good plans" simply because The question now arises as to the impact the meaning of the Second Amendment un­ there is a built-in resistance to imple­ of the Second Amendment upon the power doubtedly is "that the people, from whom mentation of planning in which people of the several States, as opposed to the Fed­ the militia must be taken, shall have the eral Government, with respect to regulating right to keep and bear arms, and they need have no participation. I believe H.R. 3510 or prohibiting the keeping and bearing of no permission or regulation of Jaw for the attempts to give emphasis to local plan­ 8l'lllS by the people. For several reasons, these purpose", but " if the right were limited to ning responsibilities but the bill does so powers of a State are coextensive, as to all those enrolled (in the militia), the purpose with substantial Federal direction and persons within its jurisdiction, with the pow­ of the guaranty might be defeated altogether oversight. The bill itself outlines some ers of the Federal Government as limited by by the action or neglect to act of the govern­ of these requirements but the regula­ the Bill of Rights, including the Second ment it was meant to hold in check." tions, authorized by the bill, to be written Amendment. First, the inherent right of Thus, neither the State nor Federal Gov­ by the administrators of the program, self-defense is "founded on the law of na­ ernments have the constitutional power to ture" and as such "cannot be superseded by dilute the strong moral check of arms in would materially add to the Federal di­ the law of society," especially because the the hands of the people in their homes and rection over the entire program. famous "due process" clause of the Four­ places of business; and unless and until the Second. Existing planning programs, teenth Amendment to the U.S. Constitution Second Amendment is repealed, this right of now in operation, require some planning explicitly prohibits the States from depriv­ the individual to keep (obtain and practice compliance to meet federal require­ ing any person of bis liberty. Second, this with and transport therefor) arms for both ments. These programs include the right of self-defense may always be exer­ self-defense and the common defense will Coastal Zone Management Act, Federal cised by an individual person using those remain a constitutional right of every arms which are encompassed by the Second citizen. Highway Act, Federal Water Pollution Amendment, a federally protected right. Control Act, Clean Air Act, Housing Act Third, the several States simply may not, in of 1954, and the Housing and Commu­ the words of the U.S. Supreme Court, "pro­ STATEMENT ON H.R. 3510 nity Development Act of 1974, and others. hibit the people from keeping and bearing Sponsors of the bill allege that H.R. arms, so as to deprive the United States of 3510 would assist in coordinating the their rightful resource for maintaining the various planning requirements of these public security, and disable the people from HON. ALLAN T. HOWE performing their duty to the general govern­ OF UTAH several acts and thus bring order to the ment." IN THE HOUSE OF REPRESENTATIVES Federal requirements in the planning process. I am unable to see how adding As explained in the oft-misinterpreted Wednesday, July 16, 1975 case of United. States v. Miller, the Militia one more layer of planning policy can comprises all able-bodied males who were Mr. HOWE. Mr. Speaker, the Interior do this without requiring repeal or modi­ ••civilians primarily" and "when called for and Insular Affairs Committee on the fication of all or some of the preexisting Militia service, were expected to appear bear­ House of Representatives on which I planning acts. The provisions of H.R. ing arms supplied by themselves and of the serve, voted today on H.R. 3510, the Land 3510 do not address this problem and kind in common use at the time", in order to provide an "adequate defense of country Use and Resource Conservation Act of would, therefore, find great difficulty, if and laws." This statement, by the highest 1975. not failure, in serving a useful coordinat­ court in our land, confirms the idea of our On May 14, when this bill was reported ing role. The need for the coordination Constitution's Founding Fathers that the to the full committee by the Subcommit­ of various planning programs is present most fundamental check and balance was to tee on Energy and Environment, and but should be accomplished by the ap­ be served by this feature of the Militia-the the motion was made to table the bill propriate local body to which all local passive keeping of arms in the hands of the without further consideration, I voted citizens have an opportunity to contrib­ individual. In the vtew of The Federalist Paper No. 24, the standing army was to guard against that motion, because I felt that ute ideas and suggestions free from pre­ the "western frontier", whereas the keeping this legislation, and most other bills, conceived or federally directed conclu­ of arms in the hands of the people was to should be considered and discussed.· by sions. guard against this standing army; for any the full committee on their merits and Third. Constructive planning is needed such "permanent corps in the pay of govern­ not dismissed from further consideration in our communities and counties to pro­ ment amounts to a standing army in time in a peremptory manner. Consideration vide for water development, sewage of peace; a small one indeed, but not the by both the subcommittee and the less real for being small... The fear of the treatment and disposal, transpartation Founding Fathers of any such standing broader full committee membership was needs, and many other community serv­ army, or what we now call "police forces", clearly necessary to properly examine ice facilities. The use of the available "F.B.I.", "'C.I.A.", "B.A.T.F.", etc., 1s precisely and evaluate this legislation. land for these purposes or to serve the why the Second Amendment was adopted, I have attended each session of the need to protect esthetic or environmen­ that ts, to prevent a "police state". And Interior and Insular Affairs Committee tal values, are important parts of the surely the States have no legal authority to during which this legislatfon has been planning process. While each particular interfere with the keeping of arms in the discussed, and I have participated. fully county or community must decide its own hands of the people so that the people can quickly and effectively Join the State or in the amendment process in which the direction, the Federal Government might Federal 'Mllltias whenever any standing army committee has been engaged in several legitimately assist by a bloc grant pro­ should illegally attempt to seize power, or sessions over many weeks. I have con­ gram which could provide Federal tax when a military or civil dictatorship ts sidered all arguments for and against dollars, leaving the planning and imple­ attempted. the bill and evaluated them against my mentation completely in the hands of the While the American people have come to own judgment on behalf of Utah's Sec­ local planning body. This is not possible trust the ordinary processes of government ond Congressional District. under H.R. 3510, because I believe, in to secure their rights, recent .. Watergate" events show all too clearly how readily even After very careful consideration, I time, additional Federal direction would the leaders of such agencies as the F .B.I., voted against reporting out H.R. 3510, build upon that already provided in the O.I.A.. etc. can be polltlctzed for nefa.rtous for the following reasons: act and thereby smother the local lnl­ ends. A8 a strong preventive me-a.sure, the First, I strongly believe in the concept tiative and direction of the program. keeping of arms In the hands of the people of local planning to give meaningful For these and other reasons, I voted July 16, 197b EXTENSIONS OF REMARKS 23201 "no" on H.R. 3510 in the Interior and Yet, few have achieved a. truly representa­ He also served his country with the Insular Affairs Committee. tive democra-0y; It ls apparent this is very Armed Forces during World War II, as­ difficult to achieve in new nations, just as it signed, in the Navy, to the Office of Stra­ has been in old ones. Most new, and indeed old, nations have tegic Services in the European theater. been taken over by authoritarian regimes of He was born in Kingston N.Y., .and at­ OUR BICENTENNIAL AND OUR the right or left, with the sacrifice of many tended New York schools. WORLD ROLE values that we hold dear. John Bott was an outgoing man, gen­ Present leaders in some 113w nations which erous with his friendship and his time. have set up a functioning democracy-as in His sense of humor was outstanding. HON. ROBERT J. LAGOMARSINO the Philippines, , a-nd India­ Time and again, I saw him lift the spirits OF CALIFORNIA have eroded it or wiped it out. of his companions as he found a bit of The fundamental failure has been in most IN THE HOUSE OF REPRESENTATIVES old and new nations not achieving a. key to humor in most any situation. He de­ Wednesday, July 16, 1975 our success: an accepted procedure and tra.­ lighted in making people laugh. He will d.i tion for the constitutional transfer of pow­ be missed by all who were privileged to Mr. LAGOMARSINO. Mr. Speaker, as er without violence or usurpation. know him and share with him a smile we are approaching our 200th birthday, So, although we may believe that most At this time, I want to express my sin­ it is a time for reflection of our country's people in the world yearn for our way of life, cere sympathy to his mother Mrs. Myra past and the challenges we have before may have to settle-by choice or repressive Bott. his son, John I. Bott, Jr., and his us to keep America strong and preserve imposition-for order, stability, and a con­ daughter Wendy Lyman Bott and his two our first 200 years. Therefore, I would trolled existence, with no liberties. These things tyrannies provide. grandchildren. like to bring to the attention of my col­ Tragically, many oppressed people, unlike leagues an excellent article by my con­ our 1776 forefathers, have no means, peace­ stituent. Mr. Henry Huglin, entitled: ful or violent, of throwing off their yokes, not "Our Bicentennial and Our World Role". even of changing their leadership or system NA VY DISTORTS "NEED TO KNOW" The article follows: of government. OUR BICENTENNIAL AND OUR WORLD ROLE Once in power, all communist, and some fascist, regimes establish their tyranny with (By Henry Huglin) such pervasive power that there is no effec­ HON. BOB CARR As we a.re all now well aware, the hoopla tive way for people to challenge it. And the OF MICHIGAN of our celebrating our nation's 20oth anni­ communists' so-called "war of national lib­ IN THE HOUSE OF REPRESENTATIVES versary is in full swing-with the meanings eration" is only a deluding title for a vio­ of 1776 being widely propounded. lent overthrow of whatever regimes are in Wednesday, July 16, 1975 This is good. We Americans have much charge in vulnerable nations and installation Mr. CARR. Mr. Speaker, I submit for to celebrate. We are one of the world's most of communist ones-which thereafter can the RECORD an article describing yet an­ successful societies. We have more freedom never be changed. Some liberation! of the mind and spirit, equality, opportu­ Well, we can surely profit from reexam­ other example of Government misinter­ nity, material abundance, diversity, and ining our country's beginnings, reflecting on pretation of the laws concerning classi­ dyna.mism than most other countries. what really makes our system and way of fied information. Our political philosophy and the example life so relatively great, and reenergizing our The incident discussed is a 1969 colli­ of our achievements have been the strongest striving to fulfill our American dream for sion of a U.S. nuclear submarine with a revolutionary force in the world for these all of us. Russian submarine in Soviet waters. It past two centuries; basically, they stm are­ But our world role and the world itself are is full beca.use they match the aspirations of most questionable whether or not a dis­ vastly changed from 1776. to people everywhere. We are now a. superpower, with the un­ closure of this was made the National Throughout our exists.nee, our nation has avoidable responsibilities, burdens, and ago­ Security Council or the State Depart­ been a shining global beacon, standing for: nies that go with that role. Hence, our in­ ment. The primary assertion of the liberty over tyranny; the primacy of people's volvement in the world since 1945 has been article is that the principle of "need to freedoms, rights, and interests over their as much in geopolitics as in our exemplar know" was evolved into a principle of institutions; a representative government role o! a successful popular democracy. "they never need know." of, by, and for the people, chosen in elec­ We need to appreciate th.at, in the world of Until these distortions of classified in­ tions in which there ls a true choice, and 1976, our economic, monetary. and military formation regulations are elimtnated, controlled by a. constitution and duly en­ strengths will likely exert more influence on acted laws; equal justice; and opportunities the rest of this troubled world than our dem­ we will continue to have coverups and and incentives for educational, economic, ocratic principles of 1776 or our way of life. dissemination of misinformation in the a.nd social advancement according to one's Because we are a superpower in a stlll­ name of national security. Security talents and labors. dangerous world, susta.inlng our way of life clearance and classification regulations This is the American dream and, in large will, sadly, depend---even more than it has were established to insure the secrecy of part, the American reality. What we have in the past 200 years--on realism rather than Government intelligence when neces­ stood for and achieved have attracted many on idealism, on strength rather than on ide­ millions of immigrants from all over the sary. We must be certain this does not ology, and on national will and steadfastness mis­ world and have inspired the hopes and ac­ in carrying our world responsibllities than on develop into a Policy of deliberately tions of countless others. goodwUl and high-principled declara.tione on informing people or routinely denying The idea. of America's leadership in the liberty and the rights of man. them access to information that does not world in political ideology has been a. re­ need to be classified. current theme throughout our history. Mike Jenkins, a former radioman on a Jefferson wrote in 1802: "We feel that we nuclear submarine and a senior at Mich­ are a.ctlng under obllga.tlons not confined igan State University, wrote this article, to the limits of our own society. It ls impos­ TRIBUTE TO JOHN I. BOTT sible not to be sensible that we a.re acting which was published in the State News for all mankind; that circumstances denied July 11, 1975. I recommend his article to to others, but indulged to us, have imposed my colleagues. on us the duty of proving what ls the degree HON. SILVIO 0. CONTE The text of Mr. Jenkin's remarks fol­ of freedom and self government in which a o:r KASSACHUSE'l"l'S lows: society may venture to leave Its individual NAVY DISTORTS ''NEED TO KNow" members." IN THE HOUSE OP REPRESENTATIVES (By 11.fike Jenkins) Lincoln said in 1862: "We shall nobly Wednesday, July 16, 1975 save or meanly lose the last, best hope of The la.test report of an alleged coverup earth." Mr. CONTE. Mr. Speaker, I was sad­ within government bureaucracy involves the Kennedy said in 1960: "If we succeed in dened to learn of the death late last 1969 colllsion of the U.S. Navy nuclear sub­ this country, if we make a great country to week of a dear friend, a man I know has marine U.S.S. Gato (SSN 615) with a Russian live in, if we reflect our vitality and energy a lot of friends in this Chamber, John I. submarine in Soviet waters. and strength around the world, then the Bott. The charge stems from the belief that the cauee of freedom ls strengthened. But if we John Bott, for more than a decade Navy did not make a t'ull report of the inci­ fail, all fail." dent to the National Security Council or the The implication of our success or failure served with the Defense Civil Pre­ State Dept. are certainly no less today. paredness Agency in its public informa­ I believe the key to this particular coverup In the past 80 yea.rs, nearly 100 nations tion office. Prior to that, he headed a lies in the distortion of the U.S. mllita.ry's have followed our lead in getting free of public relations firm in New York and security code rega.rding "the need t.o know." their colonial status, but most without war. here in Washington, D.C. Essentially, this means that no classified in- 23202 EXTENSIO r OF REMARKS July 16, 1975 formation is to be disseminated to any person political hacks with little or no expertise unless that person needs to know the infor­ nents share the blame for this mush­ mation to perform his job. in setting postal rates. The present Com­ rooming of the PRC budget. Unfortunately, the slogan has deviated mission is made up of a former private There can be no doubt, however, that from its original meaning over the years. Too consultant on gas pipeline energy, an ex­ since the creation of the PRC there has often "the need to know" has been construed administrator from the Department of been a steady deterioration in every area to 1nean "they need never know." I believe Transportation, an antitrust lawyer, a of the ratemaking process. And there can this "as the rationale used when the deci­ former pres aide to President Ford, and be no doubt that this deterioration has sion was made to suppre::: the sub collision a past staff member of the Senate Post actually cost us more-in one case 20 incident. Office Committee. times more. According to one senior level To see why the Navy would try to keep Furthermore, the Commission is, de­ the accident a secret, you have w view the postal official, the "irresponsibility" of period of t ime in which the incident took spite all the reassurances and denials to the PRC is a "major cause of our prob­ place. the contrary, a blatant example of par­ lems." My colleague on the Post Office From Jan. 1967 to June 1969, U.S. Navy tisan politics operating in direct opposi­ and Civil Service Committee, Congress­ ships were involved in at least eight col­ tion to title 39, which makes it illegal for man JAMES M. HANLEY, has made perhaps lisions, six sinkings, six groundings, five more than three members of a single the most succinct comment of all. PRC's serious fires, one capture (the USS Pueblo by political party to sit on the Commission handling of the two rate cases is, he says, the North Koreans) and one mutiny. One at any one time. At present there are five "nothing short of a complete mess." ship was fired on, one plane shot down ( again members of the Commission-none of by the North Koreans) and one plane We are at a point in the Nation's crashed. them are Democrats. history and in the history of the Postal The above incidents resulted in the loss of Still another expectation which the Service where speedy, equitable consid­ 344 men, 99 of which were aboard the U.S.S. Commission has failed to meet lies in the eration must be given to any Postal Serv­ Scorpion, nuclear fast-attack submarine, all-important area of technical expertise. ice request for review of rates. For 4 when it was lost off the Azores sometime The opportunity for expert testimony years, certainly more than a generous between May 21-27, 1968. There was specula­ from outside interests, one of the real period, the PRC has shown itself incapa­ tion at the time that the Scorpion had col­ strengths of the previous congressional ble of fulfilling that task. It is apparent lided with another submarine. ratemaking process, has been severely to me that the PRC either will not or In Oct. 1968, Defense Secretarr Clarlc Clif ­ limited for most small business by the ford restored Vice Admiral Hiram. G. Rick­ cannot discharge its functions to the over's $1.5 billion "quiet sub" construction exorbitant legal fees and acres of paper­ Postal Service, the Congress, and the project. The sub force would have hated to work required of intervenors in the PRC American people. I am therefore intro­ see this appropriation cut. The Pentagon had proceedings. Total legal fees invested by ducing a bill in Congress today which already canceled production of the Navy's intervenors in the PRC's two rat-e cases abolishes the Postal Rate Commission F- lllB fighter plane after the Navy h ad are on the order of $8 to $10 million, and returns ratemaking power to the spent $571 million on it. yielding the almost predictable result of Congress. In addition, I will offer this I believe the Navy decided that they did a 50-percent decrease in the number of legislation as an amendment to H.R. not need any more bad publicity. The subma­ businesses, organizations, and individuals rine had returned to the U.S. intact wlthout 8603 which was voted out of the Postal any loss of lives and the Russians had not providing important and needed input Service Subcommittee last Friday and made any public report of the incident. The into the rate determination process. comes up before the full committee to­ Navy did not want the Rusians to know for In spite of this reduction, however, morrow morning. This legislation, H.R. sm·e that it was one of our submarines, oper­ PRC has been able to take any action 8603, increases public service funding ating in Soviet waters, that had collided with whatsoever on classification and what for the Postal Service by about $1.7 one of their subs. action it has taken on rate hearings has billion a year and revises PRC procedw·es Very simply, the big bra s did not want to been drawn out at least twice as long as in an attempt to expedite the handling "make waves" or "1·ock the boat." They de­ the previous congressional rate hearing. cided to "leave well enough alone." But the of rate hearings. most important of all, I think they decided The 1967 rate case, the last case heard Before I conclude, Mr. Speaker, there that if it were found out later, it couldn't by Congress, spanned 9 months. The 1971 is one further point I would like to add be any worse than if it were found out now. rate case which the PRC handled, lasted to my statement. Not until that Ia.st rationale is proven 16 months. The most recent of PRC's rate As you probably know, USPS manage­ wrong will coverups cease to e~ ist. cases originated on September 25, 1973, ment and the postal labor unions are and is now in its 23d month. And mean­ currently involved in negotiations for a while, every month's delay costs the U.S. new labor contract. The current pa.ct is Postal Service an additional $250 million. due to expire at the end of this week. DEFICIENCIES OF THE POSTAL Finally, there is this very important The two sides have been unsuccessful RATE COMMISSION matter of cost. Based on detailed calcula­ as yet in reaching an agreement, how­ tions prepared at my request, a compari­ ever, and this failure can at least par­ son of the costs incurred in the earlier tially be blamed on the Postal Rate Com­ HON. CHARLES H. WILSON congressional hearings and the costs in­ mission, which by its inability to conclude curred by the Commission in its hearings the current rate case in a reasonable OF CALIFORNIA yields the following figures: amount of time has left postal manage­ IN THE HOUSE OF REPRESENTATIVES Cost of 1967 congressional rate hear­ ment in the position of not knowing Wednesday, Jitly 16, 1975 ings: $60,000. when rate increases could be effected to Mr. CHARLES H. WILSON of Cali­ Cost of 1971 PRC rate hearings: $2.2 meet any necessary labor cost increases. fornia. Mr. Speaker, in 1971, at the time million. Thus, in e:ff ect, postal workers are bear­ of postal reorganization, a Postal Rate Cost of 1974 PRC rate hearings: $4.3 ing the burden of Rate Commission Commission was created to determine million. ineptitude. mail rates and classifications. It was Clearly even after allowing for infla­ tion and prorating costs the Commission hoped that by acting in an independent, PERSONAL EXPLANATION businesslike manner, the Commission has managed to jump the cost of holding would fulfill four functions: First, 1·e­ 1·ate hearings from $6,700 a month to move any possibility of traditional po­ $137,000 a month to $187,000 a month­ litical influences in ratesetting; second. a shocking increase of more than 2,000 HON. ROMANO L. MAZZOLI inject expert, unbiased analysis and percent over Congress' 1967 costs. OF technical proficiency into the process; Part of this hike is due to the expense IN THE HOUSE OF REPRESENTATIVES third, save time; and fourth, insure ade­ of p1inting the Commission's decisions. Wednesday, July 16, 1975 quate checks and balances in the rate­ In 1971, this figure was $200,000, $195,000 Mr. MAZZOLI. Mr. Speaker, on Thurs­ making procedure. Unfortunately in the more than the 1967 decision cost to print. day, July 10, I was kept from responding 4 years since reorganization, not one of This cost spiral obviously represents only to quorum call No. 372 because of the those hopes has been realized. a portion of the massive explosion in malfunction of a Capitol elevator. Several Instead the Postal Rate Commission costs once the PRC assumed rate deter­ of my colleagues suffered a similar fate. has become a showcase for Presidential mination responsibility from Congress. Had the elevator been working, I would patronage, and a dwnping ground for It remains to be seen what other compo- have been present for this quomm call. July 16, 1975 EXTENSIONS OF REMARKS 23203 POSTAL SERVICE PROPOSALS $8,500. Most remarkably, if postal workers money in only 13 years. Before the turn of were pa.id at the same rate as Government the century, its subsidy was far larger in employees, there would be no postal deficit proportion to the national budget than it HON. MORRIS K. UDALL at all this year. Moreover, postal employees was in 1970, and postal officials were con­ have also written into their 1973 contract stantly seeking ways to extend-not curtail­ OF AIUZONA something quite unusual: a guarantee services. IN THE HOUSE OF REPRESENTATIVES against their being laid off, a quiet pro quo Today the U.S. ls the only major country Wednesday, July 16, 1975 supposedly for their pledge never to strike. that expects its postal operations to be in That promise, however, has not prevented the black. All other major nations subsidize Mr. UDALL. Mr. Speaker, I read with them from threatening to strike when their their post offices, either directly-or indi­ interest a July 7 Time magazine edito­ present contract expires on July 20. rectly by transferring funds from govern - rial dealing with the Postal Service. It is Inflation has hit the Postal Service even ment-owned, moneymaking phone and tele­ a thoughtful essay regarding the prob­ harder than most other enterprises. Just the graph operations. The fact is that the Postal increases in fuel prices-the Postal Service Service cannot be run from its own revenues. lems of the Postal Service and the pro­ is the nation's biggest gasoline user-have Consider the pricing upheavals and disloca­ posed increase in postal rates for second­ added $162 million to its costs since January tions in service that a truly "'businesslike"' third-, and forth-class users. Time as­ 1973. The only successful cost cutting that postal service would cause: serts that the solution to these problems the corporation has managed has been at the A letter, which now costs as much to travel lies with Congress and, therefore, I feel expense of service-reducing the number of only a block in Manhattan as it does from their views deserve our attention. collections, for example, and putting mail­ New York to Los Angeles or Anchorage, The editorial follows: boxes by the curb in new hou5ing develop­ would have to bear its actual cost. The local ments rather than by the door, so that the letter might cost a nickel, but the long-dis­ fvHY THE POSTAL SERVICE MUST BE CHANGED homeowner and not t.he mailman has to do tance letter might be a dollar. (By Gerald Clarke) the walking. Postmen, who now deliver mall to the The Post Office, an organization older than Faced with all these problems, Klassen's Havasupi Indians at the bottom of the Grand the republic itself, went out of existence four successor as Postmaster General, Benjamin Canyon just as they do to the densely popu­ years ago. Amid proud speeches and high Franklin Ballar, a former vice president for lated cities, would find it too expensive to hopes, the new U.S. Postal Service took its international relations at American Can Co., continue such deliveries. The Havasupis, as place. The Post Office's emblem, a galloping gives the promise of providing more efficient well as Maine loggers, Wyoming ranchers, pony express rider from the 19th century, administration. He is young ( 41) , analytical Kansas farmers and any other Americans who was replaced by a sleek 2oth century eagle, and decisive. Even if the Postal Service had live in sparsely populated areas, would have and the Postal Service, a quasi-independent had good management from the start, how­ to pay a great deal extra for service. Or do Government corporation, was expected to be e er, it would still be in deep trouble today. without mail. equally up to date. Its ~ignments was not The law that created it contains such The Postal Service, which maintains 30,780 only to deliver the mall fast and efficiently glaring contradictions that the Postal Service post offices-18,000 of them in small towns, but also to pay its own way within just a :few is virtually destined to fail. On the one hand, hamlets and hollows-would have to shut years, phasing out a 200-year-old subsidy it is expected to break even; Government offices wholesale. from the American taxpayer. subsidies are even now being phased out, Residential deliveries, which used to be So much for good intentions. Instead of with 1984 as a hoped-for cut-off' date. On two a day, would have to be cut back even combining the efficiency of private enterprise the other hand, it is expected to provide all more, perhaps to twice a week. and the Government's concern for the pub­ kinds of public services-many of them A truly "businesslike" operation, in shorr, lic good, as its designers had anticipated, the money losing-that Americans have depended would serve perhaps two-thirds of the Ameri­ Postal Service is increasingly unsuccessful as on for generations, and still depend on to­ can people one-third of the time. Financially, a business and hurtful to the public welfare. day. "The Postal Service," says the law, "shall it might break even, but politically and so­ The new eagle has no wings. Today postal de­ have as its basic function the obligation to cially, it would break many links connecting livery is no better than it was under the old provide postal services to bind the nation Americans. Post Office, and in some cases it is worse. together through the personal, educational, To provide the services that are rightly The Postal Service, which has a current bud­ literary and business correspondence of the expected of it and still try to hold down get of $12.6 billion, is now running a deficit people." Yet "postal rates and fees shall pro­ its deficit, the Postal Service has instead of more than $820 mlllion, over and above a vide sufficient revenues so that the total raised its rates again and again. Since 1971, federal subsidy of $1.5 billion. Unless it re­ estimated income and appropriations to the the cost of sending a letter has gone up ceives a huge infusion of cash, it could face Postal Service will equal, as nearly as prac­ 67%, second-class (magazine and newspa­ bankruptcy. (As a corporation, the Postal ticable, total estimated costs of the Postal per) rates more than 90%, third-class (bulk Service can actually go bankrupt, though Service." The past four years have shown advertising) rates 57% and fourth-class the Government, of course, is always there that no U.S. postal operation can be a true (parcel post and books) rates 6% to 39%. to ball it out.) public service and at the same time break The rises are continuing on a step-by-step Postal rates, moreover, have risen and are even on costs. schedule. Next year, for example, the total still rising so rapidly that many users will Until recently, U.S. postal operations were increase for second-class service will bulge soon be priced out of the market. Major no more supposed to pay their way than were to 175%. On top of all that, Seymour Wen­ voices in America's free press, among the the Army, Navy or dozens of other federal ner, the chief administrative law judge for nearly 10,000 magazines and hundreds of departments set up to serve the people. The the independent Postal Rate Commission, mall-delivered newspapers, are threatened Second Congress in 1792 started the practice recently recommended that second-, third­ with extinetion. Two questions must now be of subsidizing the Post Office, and succeed­ and fourth-class rates be raised still higher. asked. What went wrong? And more impor­ ing Congresses continued it. Those early First-class postage would be reduced from tant: What kind of postal service does the legislators realized that the Post Office was lOf to 8% ¢. but the saving for the great U.S. need? something quite di.fferent from a business; majority of people would be more than out­ The first question is the easier. Just about it was a means of uniting a sprawling, di­ weighed by higher costs for everything else. everything went wrong. To begin with, the verse country a.nd holding it together. If Wenner has his way, second-class rates top management, recruited trom business, For that reason, the Post Office encouraged would go up to five times what they were was remarkably unbusinessllke. Elmer Klas­ newspapers by offering them low malling in 1971. Nor is that all. The new postal work­ sen, who was Postmaster General from Jan­ rates. During Washington's Administration, a ers' contract now under negotiation will al­ uary 1972 to February 1975, always seemed congressional committee explained: '·The most certainly raise costs and rates yet unoerta.in about what the Postal Service circulation of political intelligence is ... higher. Time, whose postal costs jumped should be. He let people go, and then, when Justly reckoned among the surest means of from $3.7 million in 1970 to $7.5 million in operations deteriorated, hired othei·s to take preventing the degeneracy of a free govern­ 1974, would have to pay an estimated $36 their place. The Postal Senice, which spends ment." The pollcy worked; the Post Office's million in 1980; other publications would 85% of its budget on labor, now employs cheap rates were the most important single face proportionate increases. '100,000, making it, a:fter the Bell System, the factor in the development of the U.S. press. The figures are particularly ominous for nation's second largest corporate employe. From 1801 to 1830, the number o! newspa­ publishers of magazines and newsapers, from To raise its wages to the level of private pers in the country increased from 200 to the Wall Street Journal to many hundreds of industry and also to win valuable a.mes 1,200. rural dailies and weeklies that depend on against congressional critics, the Postal Serv­ The press was not the only beneficiary of mall delivery, and !or book and record clubs. ice in 1973 gave the seven postal unions an in.expensive service. Almost everyone bene­ The most prosperous publishers, such as overly generous settlement: an increase that fited in one way or another. From the days Tlme Inc. and the Reader's Digest Associa­ amounted to 23 % in wages and benefits over of Daniel Boone onward. for instance, the tion, Inc., would probably survive. though two years. Postal employees now earn con­ pioneers had mall service, at great cost to under great strain. To meet their costs, they siderably more than comparable Government the Treasury. Postal deficits-and Govern­ would either charge their sub~cribers far workers; a. beglnning postal clerk, for ex­ ment subsidles-were expected as a matter more than they do today, raising prices be­ mn.ple, makes $10,898, whlle a Government of course. From 1851 until 1971, when it yond the reach of many, or they would try clerk in a roughly simllar area starts at went out of business, the Post Office made to find cheaper means of distribution. 23204 EXTEN IO S OF REMARKS July 16, 1975 But htmdreds of smaller publications should declare unmistakably that the Postal With the present situation I call on would die. Americans would be deprived of Service is in fact a service and not a business the President to place an immediate halt many of their sources of information: those that should be expected to break even. It will small journals from left, right and center always have to receive Government money if on aid to India. Furthermore, I urge the that vent ideas ad minority points of View; it is to do the job the public needs and wants. House Committee on International Re­ 1·eligious journals; magazines for farmers, A bill now in Congress to p1·ovide the Postal lations to begin immediate hearings on union members, children, hobbyists or any­ Service with a subsidy of up to 20 percent the question of human rights in India. body else with an unusual or special interest. of its operating expenses is a sensible recog­ Anything printed that is distributed by mail nition of this fact. Says New York Demo­ would suffer. The major loser would be the cratic Representative James Hanley, who is nation itself. head of the House Panel Service Subcommit­ And for what gain? In dollars and cents for tee and the sponsor of the bill: "There's no IRRESPONSIBLE REGULATORY the Postal Service, very little. Magazines and way the traditional concept and quality of REFORM newspapers now contribute only 3 % of total the Postal Service can be maintained at a postal income. If rates are doubled, the break-even level." Former Postmaster Gen­ magazines' and newspapers' contribution to eral Lawrence O'Brien agrees. Saye O'Brien, total postal revenues will rise to only 6% or who proposed the idea of a separate corpora­ HON. BENJAMIN S. ROSENTHAL less-and then quickly drop as many mag­ tion in 1967 and who now feels that various OF NEW YORK azines and newspapers quit publishing while changes have turned it into a monster: "At IN THE HOUSE OF REPRESENTATIVES other lose subscribers or find other ways of no time did we envision the Post Office as Wednesday, July 16, 1975 delivering their issues. Already the Wall a profit-making entity. There has to be an Street Journal, McCall's the Reader's Digest equity, a balance in the service to allow com­ Mr. ROSENTHAL. Mr. Speaker, it has and Better Homes and Gardens are experi­ munication with the American people. We become painfully apparent that our so­ menting with alternative systems, including had no idea that this would be inhibited or called regulatory agencies, charged with private delivery companies. Time will soon destroyed." overseeing the operation of various basic join them. (By law, only the Postal Service Second, Congress must take back the can deliver first-class mail and have access power to review rates. Postal rates are so en­ components of our national economic to private mailboxes; with certain excep­ meshed with the public service role that they life, have not functioned as originally in­ tions, the other three classes are open to should be 1·esponsive to the will of elected tended. Particularly in the transporta­ competition, though private deliverers can­ representatives and not left simply to an ad­ tion industry, these bodies have forsaken not use mailboxes.) ministrative law judge and a commission their mandated role, protection of the If private distributors are successful, the appointed by the President without cus­ public's interest, in order to protect the Postal Service will sink into much deeper tomary Senate approval. profits of the industries they were estab­ trouble. The private carriers would take away Beyond that, while respecting the Postal business in cities and suburbs, where high Service's independence, Congress must over­ lished to regulate. volume makes it easier to turn a. profit and see its functions much more closely. In There are many reasons for this woe­ leave to the Postal Service the rural, low­ washing its hands of postal matters in 1971, fully inadequate performance. Many of population areas, which are gross money Congress abdicated a responsibility for postal the agencies are burdened with person­ losers. The prospect would be a never-ending affau·s that was set out for it in the Con­ nel who possess neither expertise nor spiral of higher rates, lower volume and de­ stitution. The lawmakers might well refer to sense of public duty; who have attained. teriorating service. As rates went up, more the words of George Washington, who spoke their positions through redemption of customers would flee, and rates would have of the Post Office as the indispensnble chain political I O U's. The revolving door be­ to go up again. binding Americans together. Already the spiral is beginning. Since 1969, tween government and lucrative posi­ because of high rates and poor service, the tions in industry, further undermines Postal Service has lost about one-third of its any chance for reasoned, objective deci­ parcel post business to private companies. HALT AID TO INDIA sionmaking. Appropriations are often in­ This year, for the first time since the Dep1·es­ adequate to support the important tasks sion, total mail volume--not just parcel entrusted to these agencies. Finally, these post-is down. Reason: rising rates in a time bodies lack effective input from consumer of economic recession. Postmaster Genera-I HON. JOHN M. ASHBROOK Ballar, along with nearly everyone else who OF OHIO and other public interest groups, a defi­ has studied the problem, warns that the IN THE HOUSE OF REPRESENTATIVES ciency which passage of my bill for an vastly higher rates proposed by Wenner Agency for Consumer Advocacy will help would shrink volume still further. Yet, adds Wednesday, July 16, 1975 to correct. Ballar, "the fixed costs of posta.l service Mr. ASHBROOK. Mr. Speaker, ar­ The near unanimity of such criticism would remain," and thus rates would have to rest3 continue in India. Opposition lead­ indicates that reform is sorely needed jnmp even further. and is politically feasible. However, the What should be done? One suggestion in ers, students, and thousands of other Congress is to turn the Postal Service com­ Indians have been arrested. Labor lead­ focus such change should take is a sub­ pletely over to private enterprise, making it ers are threatened. No one seems to know ject of considerable controversy. Reform either regulated monopoly, like the tele­ for sure how many have been arrested. of the airline industry and the practices phone industry, or setting up several com­ Censorship is being exercised not only of its regulatory overseers, the Civil Aero­ peting postal systems. Illinois Representa­ on the domestic press but also on foreign nautics Board and the Federal Aviation tive Philip Crane has even introduced a bill correspondents. Administration, is a case in point. Here. to end the Government monopoly of flrst­ Is this a reaction by Indira Gandhi as elsewhere, the agencies have long sub­ class mail and open it up to private com­ petition. Such systems might work in heavi­ to the threat of imminent invasion? No, ordinated the legitimate needs of the ly populated areas, but there would be no it is simply a move by the tyrannical public in safe, efficient and reasonably profit in serving the rest of the country. con­ leader of India to stay in power after priced air transPortation to corporate de­ gress would then have to provide big sub­ being found guilty of election irregu­ mands for guara.nteed level of profits. sidies to serve less populated areas or allow larities. It is as abusive use of power as What is most needed is the introduc­ the private postal systems to charge much any banana republic or African Amin­ tion of a real spirit of economic com­ more for mail delivery to those points. type dictatorship has even seen. petition to the industry thorugh price Another proposal, put forth in a bill by competition and easing of the morato­ Texas Democratic Representative Eligio de The Unit.ed States f1·om :fiscal year la Garza, is kill the Postal Service and 1953 has given more than $9.3 billion to rium on route awards. Additionally, the bring back the old Post Office under tota.1. India. This does not include aid from current antitrust exemption, which Government control. The trouble with this multilateral sources of which the United sanctions collusion by the airlines in idea is that it invites a return of the a.buses States was the largest contributor. consumer-defrauding schemes such as and inefficiencies of the Post Office, which This aid was usually defended by the capacity-limitation agreements, must be was inflexibly bureaucratic and ridden with rationale that while India might not al­ sharply curtailed or eliminated. These politics. The virtue of a Government cor­ ways agree with us it was the largest de­ are all elements of economic deregula­ poration is that it can make appointments on the basis of merit alone, transfer funds a-s mocracy in the world and therefore we tion needed to force efficiency in, and to bloated, it thinks best without bureaucratic controls, should give substantial aid. While I have trim the waste from, our over­ and plan ahead and borrow money for mod­ never agreed to this, the United States protected airlines. ernization. has been giving substantial amounts of What is clearly not called for is a 1·e­ Considering the alternatives, the quasi-in­ aid to India under this rationale. Now duction in controls having to do with dependent Postal Service should be retained, with the arrests and numerous other re­ Americans who travel by air. Indeed, but it must be changed-and quickly. strictions in India this rationale seems to the appalling casualty counts in the air The solution lies with Congress. First, lt be open to question. se,feguarding the health and lives of July 16, 1975 EXTENSIONS OF REMARKS 23205 crash disasters of the recent past, as well tage from the debate, however, are apt · > The membership, now at about 57,000, de­ as the renewed threat to the life-sustain­ wreck the reform effort and to do substantial clined in the 1960s with competition from injury to the public in areas where govern­ other civil rights groups and, she says, the ing ozone layer from aircraft emissions, mental protections are essential to a healthy atmosphere created by the "Southern strate­ indicates a critical need for increased and civilized society. gy" of the Nixon years. vigilance in such regulatory activity. Yet, At one meeting with youth delegates this various administration officials, includ­ week, she said she will propose dividing the ing President Ford, have failed to make NAACP's board of directors into seven groups this crucial distinction between these en­ to keep daily tabs on the status of national NAACP NEW CHAIRMAN PLANS issues relevant to blacks-and appoint young tirely different courses of action. APPEAL TO YOUTH people to chair each group. Instead, the President has uncritically Mrs. Wilson says she is pa.rtic-..ilarly in­ inveighed against all forms of Govern­ terested in automating the NAACP's mem­ ment regulation in what amounts to a HON. WILLIAM (BILL) CLAY bership operation-now done completely by cynical attempt to capitalize on the cur­ OF MISSOURI hand-and attracting professionals who can combat the "subtle racism" of employment rent push for regulatory reform. This IN THE HOUSE OF' REPRESENTATIVES politically-inspired handwringing has discrimination and the lack of job mobility been nothing less than a capitulation to Wednesday, July 16, 1975 for blacks. "It'.s now subtly gotten through to us that plaintive business cries, aimed at loosen­ Mr. CLAY. Mr. Speaker, in this period we can't function like we did before. We've ing regulations designed to protect the of disillusionment and social disintegra­ got to have a paid professional staff who know lives and well-being of travelers and the tion, the NAACP is one of a few tr~y how to read a civil service manual, then be public in general. national organizations to maintain its able to analyze whether employment tests We should not discourage this well-de­ integrity, stay on course and continue to have built-in biases. served emphasis on reform of the regula­ provide the highest quality of leadership, "Memberships expire all during the year tory process; but, we cannot afford to now, and a great many people expect to be not merely leadership for blacks, but asked to join up again. Because they're not jettison those environment, health, and genuinely national moral leadership at asked, they don't join. We're not a mecha­ safety-related rulings which are so es­ a time of greatest need. nized organization, and I want to get the sential to the public welfare. The ad­ Mr. Speaker, during the NAACP's na­ hardware in the office (to do that) before ministration can and should play a cru­ tional convention held in Washington tlle year is out." cial role in adapting the regulatory proc­ last week, Washington Post staff writer While in Washington, Mrs. Wilson said ess to present conditions. However, crass Richard Prince had an opportunity to she hoped to meet cabinet officers to urge appeals for the restoration of a laissez­ interview the venerable organization's a greater role for blacks in administration faire attitude will only serve to wreck re­ policy-mal{ing. new board chairman, Margaret Bush Of her meetings with the cabinet officers, form efforts and will do substantial in­ Wilson. Her views should be afforded the she said "they were all so ceremonial. I jury to the public in areas where govern­ widest possible audience because her don't find these brief encounters very pro­ mental protections are indispensable. organization, in its values, policies and ductive." She said she especially looked for­ I recommend to my colleagues' atten­ hopes for this Nation, symbolizes per­ ward to meeting James T. Lynn, director of tion a New York Times editorial of July haps America's last chance for moral the Office of Management and Budget. 7, which ably discusses these themes and regeneration. "'I understand they don't have a single makes clear the distinction between re­ black person on the upward staff. I'm get­ Mr. Speaker, I commend Mr. Prince's ting a little weary of public officials assuming sponsible regulatory reform and the de­ article to my colleagues for careful read­ the only spot we can hold is in civil rights or structive and indiscriminate dis:figure­ ing and now insert it in the RECORD: equal employment. I'm not interested in men t recommended by the administra­ [From the Washington Post, July 4, 1975] these special kinds of roles. tion: NAACP NEW CHAIRMAN PLANS APPEAL TO "It's cynical and insulting. Blacks should REGULATORY REFORM YOUTH be providing some leadership not only on the problems of blacks, but all problems. We There is fairly general agreement in Wash­ {By Richard E. Prince) ington that the regulatory agencies require should be respected and heard." urgent attention. Economists in the White If there is such a thing as being born into As chairman of the organization's policy­ House and lawyers in the Justice Depart­ an organization, this is the case with the making body, Mrs. Wilson is the NAACP's ment have long thought that current modes new board chairman of the NAACP, Margaret most powerful member. She not only chairs of regulation in the transportation industries Bush Wilson. the board meetings, but she and director especially have decreased competition and Her family's involvement with the nation's Roy Wilkins, who reports to her, are the kept prices unnaturally high. Furthermore, oldest civil rights group goes back 50 years, group's most visible officials. many of the regulatory agencies are bur­ from the days when she was a child in her During this week's 66th annual NAACP dened with purely political appointees as native St. Louis, decades before the NAACP's convention, Mrs. Wilson's schedule has been commissioners, who bring neither expertise successful Brown v. Board of Education fight jammed: nor sense of public interest to their high po­ or nationwide busing controversies. One typical day included an appeara.nce sitions. Often, the regulators are too close to Today, as head of the NAACP, she says she on the ''Today" show, greeting President the industries they are supposed to regulate; is dedicated to conducting it like the Ford, several convention sessions, cocktail in any event, agency resources are usually "sophisticated, large New York corporation" receptions, an interview with an African minuscule when measured against those of she says it is in the 1970s, reaching out to student writing a doctoral dissertation, and the industries they oversee. youth, and proselytizing for more members. stopping to chat with numerous delegates. The combined weight of the criticisms She ls aware of the criticisms of the NAACP officials and delegates say they ex­ make it clear that some reform is desirable NAACP as old-fashioned, and she is bent on pect Mrs. Wilson, who is 56 and looks 10 while the wide variety of the tasks performed demonstrating its relevance in these days of years younger, to set a more of a "now" by the various regulatory agencies indicates economic upheaval and less blatant and ter­ image for the venerable NAACP. · rifying forms of racism. The chairman she succeeded, Bishop that intelligence and discrimination are re­ Stephen Gill Spottswood of the African quired to do the job well. "The NAACP stands in a very unique posi­ Methodist Episcopal Zion Church, had been However, in discussing these issues recent­ tion in this country today," she said in an in the job for 13 years when he died last ly, President Ford seems to make no distinc­ informal interview she gave in her Shore­ December at age 77. Wilkins, 74, who has tion between some outmoded forms of eco­ ham Hotel suite during the organization's been executive director of the NAACP for nomic regulation and still desperately needed convention. · 44 years, is said by association sources to be safeguards of health, environmental, con­ "It's among the few national institutions, readying himself and the association for sumer and other vital public concerns. He public or private, whose integrity and cred­ his retirement in another year or so. inveighs against a Government which is "an ibility is intact. Mrs. Wilson's new role as spokesman for instrument of philanthropic collectivism," "It's a unique position to provide leader­ the NAACP (Wilkins articulates board poli­ and ls addicted to offering businessmen such ship for this nation. I was listening to a cy) is one for which in many she has been emotional nonsense as, "I hear your cries of popular talk show the other day. Alistair primed all her life. anguish and desperation. I will not let you Cooke was saying America is teetering be­ Born in St. Louis on Jan. 30, 1919, she ls suffocate." tween decadence and vitality. the daughter of the late James T. Bush Sr., Under such a rhetorical assault, it is rea­ "The NAACP conies down fully on the side considered the first successful black real es­ soned regulatory reform, rather than Amer­ of vitality." tate broker in that city. He and his col· ican business, that is apt to suffocate. Mr. As NAACP board chairman, she says, she leagues launched a court battle which re­ Ford indeed has a vital role to play in stimu­ is committed to modernizing the $4 million sulted in a 1948 Supreme Court decision that lating intelligent debate leading to needed corporation, giving youth a greater role in struck down racial covenants in real estate modifications of the regulatory pattern. the NAACP and increasing the organization's contracts. Clumsy attempts to wrest political advan- membership to 1 million in five years. Her late mother, Berenice Casey, was on 23206 EXTENSIONS OF REMARKS July 16, 1975 the executive committee of the local NAACP HOW MEDIC ALERT SAVED HIS LIFE The well-known corporation president who branch; her sister Ermine won the NAACP was wearing a Medic Alert bracelet when we Baby Contest in 1924. lunched recently and whose response to my Mrs. Wilson graduated with honors from HON. B. F. SISK question about it sent me off on this story Summer High School in 1935, and graduated is dangerously allergic to penicillin for in­ with honors with a bachelor's degree in OF CALIFORNIA stance. He insists his bracelet has saved his economics from the predominantly black IN THE HOUSE OF REPRESENTATIVES life at lea.st twice. Hospital emergency rooms Talladega College in Alabama. Wednesday, July 16, 1975 often receive patients who are unconscious She went to Lincoln University Law School or are in a. state of shock and are unable to in St. Louis, then only recently opened to Mr. SISK. Mr. Speaker, I would like communicate. Since physicians cannot elicit blacks. to call to the attention of my colleagues essential emergency information they follow In 1955, Mrs. Wilson became the first the most expedient medical treatment to female president of the St. Louis NAACP here in the House an article by columnist Sylvia Porter which appeared recently help save their patient's life. branch, and four years later became presi­ But if the patient is allergic the admin­ dent of the Missouri state conference of in several newspapers in my district re­ istering of a particular drug could be p1·e­ NAACP branches. She was elected to the garding the Medic-Alert Foundation In­ cisely the wrong measure. Or again though national NAACP board in 1963 and became ternational which is located in Turlock, parliamentary chairman of the organization no fault of the physician life-sustaining in 1973. Calif. medications may not be provided to those All the while, she held down several gov­ Medic-Alert is an international organi­ with congentita.l diseases. ernment jobs, including acting director of zation which specializes in emergency "There are more than 200 reasons why the st. Louis Model City Agency, lawyer for medical identification. I have become people become members of Medic Alert" ex­ the War on Poverty agency and the Rural very familiar with the foundation since plains John D. McPherson the foundation's Electrification Administration and assistant president. In descending order the top six Turlock was made part of my district reasons are diabetes, allergy to penicillin, attorney general of Missouri. I l\1rs. Wilson lives in St. Louis, practices last year, and am extremely impressed taking anticoagulants, wearing contact lenses, real estate law, and com.mutes to the with the outstanding work Mr. Alfred A. neck breather and epilepsy. NAACP's New York offices twice a. month. Hodder, executive director, and the other The system includes an emblem-worn on Her only child, Robert E. Wilson nr, 24, at­ members of the foundation are doing to the wrist or around the neck-which has the tends Harvard Law School and is working provide a lifesaving service to so many internationally recognized caduceus and the as a. law clerk in New York this summer. individuals throughout the world. words Medic Alert emblazoned in red on the She and her husband, Robert E. Wilson Jr., I would strongly urge my colleagues outer side. On the reverse side are engraved were divorced in 1968. the member's hidden medical situation (up and any other individuals who may need to four lines) his or her file number and medical identification services to contact the phone number of Medic Alert's emer­ Medic-Alert Foundation International, gency answering service in Turlock, Calif. Turlock, Calif. 95380. Medical identifica­ Emergency personnel throughout the world TRIBUTE TO CONGRESSMAN can call this 24-hour number collect to ob­ LARRY WllLIAMS tion is one of the strongest-and least expensive-protective measures available tain additional information on the patient. There is a. back-up wallet ca.rd too. The em­ to us in the event of medical emergency, blem is internationally recognized is regis­ HON.ROBERT McCLORY and we should all take advantage of it. tered in 41 countries in addition to ours and I insert Ms. Porter's article to be the foundation has affiliate organizations in OF ILLINOIS printed in the RECORD: 15 foreign nations. IN THE HOUSE OF REPRESENTATIVES How MEDIC ALERT SAVED HIS LIFE If you're traveling the system does give Monday, July 14, 1975 (By Sylvia Porter) you the security that language barriers will not prevent proper medical treatment should Mr. McCLORY. Mr. Speaker, it was •·1 was driving home from work hit an icy you need it fast. with a sense of shock and son-ow that I spot and crashed into a pole. The police With this kind of lifeguarding service it is learned of the passing of our late dis­ pulled me from what was left of the car. On not surprising that hundreds of medical and tinguished colleague, Law1·ence G. Wil­ the way to the hospital they found my Medic civic organizations have endorsed it-includ- Alert bracelet saying I am a hemophiliac and 1ng the American College of Emergency Phy­ liams of Pennsylvania. Larry Williams diabetic. Thanks to the warning on my Medic sicians and the American Nurses' Assn. In was a man who held strong individual Alert emblem I am alive today. The doctors fact Nevada. Blue Shield provides a compli­ views and who was fearless in the ex­ were able to know immediately what blood mentary lifetime membership to its sub­ pression of his convictions. His contribu­ type I have and attended to the diabetic scribers if the subscriber's physician requests tions as a Member of the House were shock." Letter from a. Medic Alert member. it. "If we can in any way help avert a. hos­ substantial in enunciating in a forceful "I was admitted to the hospital for severe pital stay," says Earl Heckethorne Nevada. and eloquent way the position which he migrane and dehydration with petit mal Blue Shield's executive director "all of us seizures and was totally incoherent. Although benefit." held with respect to legislative measures. a friend had taken me to the hospital. he was I Lifetime membership costs $7 .00. If you Mr. Speaker, also sensed in Larry unable to provide my medical history. My are among the one in five who needs the Williams a person of great tenderness bracelet gave the admitting physicians the service, write to Medic Alert Foundation In­ and love who maintained a close and de­ necessary information for immediate treat­ ternational, Box SP, Turlock, Calif. 95380. voted relationship with his family. Larry ment as well as Medic Alert's phone number Williams and his wife, Margery, were to receive additional information on my par­ a particularly attractive couple who were ticular medical needs." Another testimonial from a. member with epilepsy and allergies to seen frequently within the walls of this drugs. JOSEPH MAZELIN, SR., RETIRED Capitol and at the many social events "When I was in San Juan, Puerto Rico, I ATTORNEY, DIES attended by Members of the Congress. had an epleptic seizure on the street. The Congressman Larry Williams' contri­ police started to take me to jail-they butions to this body were manifold and thought I'd been taking drugs-when they HON. ANDREW JACOBS, JR. enduring, and his talents and accom­ noticed my Medic Alert bracelet. I was im­ OF INDIANA plishments will be recorded in the minds mediately taken to the hospital." Still an­ IN THE HOUSE OF REPRESENTATIVES other letter from one of the more than of all of us who had the privilege of Wednesday, July 16, 1975 knowing him. Likewise, his personal 575,000 members of Medic Alert Foundation International, a non-profit charitable orga­ Mr. JACOBS. Mr. Speaker, well the qualities which combined firm convic­ nization which for over 17 years has been tion and dedication to his public office helping to save the lives of people whose thing is that in the sense of family and were enduring values represented by his specific medical needs are not apparent. the community of all families, he was a useful Iife. You may be one of the 40 million Ameri­ saint. The obituary follows: Mr. Speaker, at this sad hour my wife, cans--one in five-who runs the risk of re­ JOSEPH MAZELIN SR., RETIRED ATTORNEY, Doris, joins with me in extending to ceiving inappropriate or incomplete medical DIES Larry's wife, Margery Williams, and to treatment during medical emergencies that's Joseph T. Mazelin, Sr., 61, Monticello, for­ the astounding total says the American JUerly of 6302 North Dela.ware street, a retired all members of the late Congressman Medical Assn. who flirt With death because Indianapolis attorney, died yesterd.aJ 1n Williams' family, our affection and deep they do not wear emergency medical iden­ Methodist Hospital. sympathy. ti:fication. He was an attorney here 29 years, retiring July 16, 1975 EXTENSIONS OF REMARKS 23207 in 1970. Early in his career he was employed capital internally. In addition, corporate Federal Government can delay the day of by the Indiana State Supreme Court. profits have been declining for the past 25 reckoning by printing more money, which He was a member and legal representative years, both as a share of national income and continues to feed inflation. of St. Pius X Knights of Columbus Council in relation to payroll costs. To sum up, I quote one paragraph of t h 3 3433. During most years in the forties, fifties and testimony of Arthur Burns, Chairman of the A member of the Indiana.polis and Indiana early sixties, internally generated funds were Federal Reserve Bank Board, before the Sen­ ba.r associations, M'.r. Mazelin attended the almost equal to corporate capital expendi­ ate Banking Committee on May 1. "A better University of Notre Dame and received his tures and the need for borrowed funds was measure of discipline is needed in federal law degree from the Indiana University quite modest. During the past ten years, how­ finances. The progre6Sively diminishing frac­ School of La.w. ever-as after tax corporate profits have de­ tion of the national income that goes to peo­ He also was a member of Immaculate Heart clined and as inflation has drastically reduced ple who work and invest requires enterpri~e of Mary Catholic Church and was one of the the value of depreciation for replacement of need to be relaxed or scrapped. Ways muse organizers of Little League Baseball here. plant and equipment--corporations have be found to stimulate production of energy Services will be held at 9: 30 a.m. Tuesday greatly increased their dependence on bor­ supplies, to increase incentives for expansion in Lauck Funeral Home and at 10 a.m. in rowed funds. This source of business capital and modernization of productive capacity in Blessed Sacrament Chapel of SS Peter and has been severely impacted by high interest other lines, and to strengthen the state of Paul Cathedral. costs-the direct result of inflation-and gov­ business finances. Attention to these longer­ Burial will be in Calvary Cemetery. ernment competition in the loan market. range problems is essential; for the critical Survivors include his widow, Mrs. Cather­ Government limits the availability of our task now facing our country is not only to ine Mazelin; three sons, Stephen P., James final source of capital-equity investment. encourage the process of economic recovery, R ., and Joseph T. Mazelin Jr., all of Indi­ Government discourages equity investment but also to build a solid foundation for our anapolis, and two daughters, Mrs. Theresa through the double taxation of corporate nation's economic future." Sontag of Middletown N.J., and Miss Cather­ dividends-both as corporate income and as May I conclude with the reminder that it ine M. Mazelin of Indianapolis. personal income of shareholders. While cor­ is the responsibility of the shareholders and porate dividends have generally increased in employees of the corporations of America, the past ten years, taxes have climbed faster, whose investments and jobs a.re directly af­ so that the federal government now takes fected by present and future government ac­ from the corporation almost twice as much tions, to have their representatives in Wash­ INVESTMENT CAPITAL NEEDED as the owners of the business receive on their ington represent their interests. TO CREATE JOBS investment. Capital investment in job creating facilities HON. RICHARD T. SCHULZE would be stimulated by making equity own­ ership more attractive to investors. One in­ MARK TWAIN DEARMIN, AN EM­ OF PENNSYLVANIA centive might be to progressively scale down IN THE HOUSE OF REPRESENTATIVES the rate of capital gains taxes on securities PLOYEE'S EMPLOYEE held for longer periods of time. In addition, Wednesday, July 16, 1975 stock dividends should be tax-deductible by HON. JOHN J. McFALL Mr. SCHULZE. Mr. Speaker, in a re­ the corporation, or by the stockholder. cent address to stockholders of his cor­ More rapid depreciation of capital facilities OF CALIFORNIA Poration, Mr. Leo Schoenhofen, chair­ for income tax purposes would constitute IN THE HOUSE OF REPRESENTATIVES another incentive to business investment. Wednesday, July 16, 1975 man and chief executive officer of Mar­ The rate currently permitted is one of the cor, discussed the need for capital invest­ lowest among developed nations, and the Mr. McFALL. Mr. Speaker, I would ment to create jobs, increase productivity resultant effect on capital investment in like to bring the Members' attention and and reduce prices. recent years has been magnified by inflation. provide additional recognition to the sus­ Mr. Schoenhofen suggests that the By far the greatest disincentive to produc­ tained work of Mark Twain Dearmin of greatest threat to our Nation is inflation, tive capital investment today is inflation, the Stockton, Calif., who has dedicated his the root cause of which is deficit spend­ root cause of which is deficit spending by government. This increases the supply of life to serving the community and his ing by Government. money at a faster rate than is warranted by fellow San Joaquin County employees. He states: increased productivity, and reduces the value Recently, Mr. Dearmin, a man I am Inflation is caused by government creation of savings and other investments. Our recent privileged to have known for many years, of money supplies at a rate too far in excess inflationary spiral began with the erroneous was honored as San Joaquin County Em­ of the value of goods and services produced government belief that our economy was ployee of the Year for 1974 in ceremonies by the country. Inflation ls caused by the strong enough to finance the Viet Nam war, confusion of government priorities, and can assist numerous underdeveloped nations, and during the 14th Annual County Employ­ only be controlled by clarification of those simultaneously solve all domestic social pro­ ees' Retirement Luncheon. priorities. grams. Inflation later was stimulated by in­ This recognition of Mr. Dearmin's ex­ creased energy costs, as well as by dislocations emplary work for the county in the pro­ For the consideration of my colleagues, created by wage and price controls, which re­ bation department and his efforts to help I include the following excerpts from Mr. sulted in shortages of numerous items. The found and continue to work for a pro­ Schoenhofen's remarks: build-up of excessive inventories to protect gressive San Joaquin County Employees I would like to spend the next few minutes against possible shortages was the primary Association is the supreme award that discussing what I regard as the most serious trigger for our current recession. long-term problem which all of us in this Inflation discourages saving and encour­ a San Joaquin County employee can re­ room share with the millions of stockholders ages spending of dollars before they lose ceive. and employees of other American corpora­ more value. In addition to fueling more in­ Mr. Dearmin was selected for this tions. flation, this propensity to spend reduces sav­ award by an independent committee that That problem is adequate capital funds for ings, thus reducing the amount of total cap­ had the difficult task of choosing 1 lnvestment in new job-creating facilities, and ital available for all purposes. person from 10 distinguished nominees. equipment to improve productivity and re­ I know it may seem strange to some of you I believe that it is appropriate to quote duce prices. Our needs for capital in this to hear a voicing of concern about inflation country are high. How these needs will be when we are in the midst of a recession-but from Mr. Dearmin's nomination state­ met, and at what cost, is uncertain at this it is inflation, and not the present recession, ment, as it provides a personal view of time ... which is the greatest threat to our corpora­ the respect and admiration that his f el­ Our congressional and bureaucratic repre­ tion and to the economic, social and polltical l ow employees hold for him. The ex­ sentatives in Washington must be made to well-being of the entire nation. cerpts follow: understand that our economy is not investing And inflation-make no mistake about Mark was raised in an orphanage in t he enough to create the jobs needed by our it-is not ca.used by union wage demands or state of Nebraska. Because of his upbringing, growing work force. Retained earnings and manufacturer price increases. These factors as he grew up he developed a desire to help depreciation are restricted by taxes and by are the result of inflation. Inflation is caused young people. This way typified by his work the level of depreciation charges business is by government creation of money supplies in the First Baptist church in Stockton. For allowed. During our current period of infla­ at a rate too far in excess of the value of years he worked as the senior high counselor tion, corporations have been deducting in­ goods and services produced by the country. and athletic director, creating every oppor­ adequate depreciation, and paying taxes on Inflation is caused by the confusion of gov­ tunity he could to led a helping hand to the um·eal inventory profits. The net effect of ernment priorities, and can only be con- youth of the community. Because of this in­ these distortions was such that the actual trolled by clarification of those priorities. terest Mark sought employment where he federal corporate income tax rate last year The only difference between New York could help the youth of the community on a was not 48 percent. but almost 75 percent. Cit y's well publlcized financial problems and full time basis. This severely limits our ability to generate those of the Federal Government is that the In 1960 on Fabruary 1, Mark found t hat 23208 EXTENSIONS OF REMARKS July 16, 1975 employment a.t Peterson Juvenile Ha.11 as a sionallsm, deep concern and active partic­ moting Solzhenitsyn's "Gulag Archipelago," counselor. Then after working with the ipation in committee needs, and above all and an announcement of the a.ppea.ra.nce of youth there for over two yea.rs Mark became his tireless, enthusiastic, and thankless work the San Francisco Ballet in Los Angeles fea­ a probation Officer I, on Ma.y 14, 1962. It is for ea.ch and every employee to better each of turing Valery and Galina. Panov (who are true that Mark's normal duties ma.inly con­ their working conditions. I think it ls time not defectors, but legal emigrants). The Bol­ cerned working with the youth, but the zeal to honor a man who possesses such qualities shoi threatened to cancel the company's with which he did his job and the extra and enthusiasm. I think it ls time to sa.y appearance unless all three ads were elimi­ hours he put in fa.r surpassed what was nec­ thank you to a man who works for each nated, and the auditorium management essary to adequately do his job. and every employee every time the oppor­ bowed to this pressure, a.nd had the three He did this with a very unselfish nature. tunity arises, an "Employee's Employee." pages of ads torn out of the program. At one time he even deprived himself of The next episode took place in New York professional gain in order to remain working Here, the Greater New York Conference on with youths. Soviet Jewry sought space for an ad in the Additionally, because he had an interest DETENTE IS APPEASEMENT-I Lincoln Center playbill. When challenged and a talent in athletics Mark began work­ that an ad might be considered offensive, ing with the youth in the local Little Leagues the conference offered to purchase a. blank and Babe Ruth leagues, where he could page which would carry nothing but the counsel and also extend his knowledge of HON. JOHN M. ASHBROOK signature of the organization. It was then the game to them. Even though his current OF OHIO tola no space in the program was available job does not pertain directly with counseling IN THE HOUSE OF REPRESENTATIVES for the entire three-week run of the Bolshoi. youth, he still receives phone calls at an The late Sol Hurok used to say that cul­ hours on occasions from someone in need of Wednesday, July 16, 1975 tural exchange is "good" because it enabLed advice or help. Mark, to my knowledge, has a Russian ballerina to buy a $15 dress here never turned a.way a request for help and Mr. ASHBROOK. Mr. Speaker, evi­ and show it to her friends in the Soviet gave what time and help he could, as his dence continues to accumulate that Union. Many of us have doubted that such wife attested to: detente means appeasement of the So­ exposure to the material benefits of free en­ More recently Mark has concerned him­ viet Union by the United States. A num­ terprise justifies the price, i.e., the respect­ self with the relative community problems. ber of incidents give proof of what I ability which the Russians felt cultural ex­ He has ta.ken it upon himself in the recent am referring to. change gave them, a.nd which carried within elections to research the different proposi­ When a request was first made for it the West's implicit approval of, or at least. tions to determine the pros and cons of how Alexandr Solzhenitsyn to meet with tacit indifference to, continued repressions they would affect the community. He then, in the Soviet Union. Now the Bolshoi in­ through the work of various committees, President Ford, it was turned down par­ cident serves to illustrate even further how advises the citizens of the community of tially on the grounds that it might be perverted the purpose of cultural exchange these factors. Once again Mark took the time harmful to detente. A President of the can become. Instead of promoting contact to help other citizens understand something United States who determines whom he and liberalization, it has made us acquiesce they hadn't before understood. will and will not see because of a meet­ to censorship. Under conditions like these, l\Iark's character or reputation in the city ing's effect on detente is appeasing the cultural exchange may become not only use­ of Stockton County of San Joaquin, and Soviet Union. less, but dangerous. state of California. is surpassed by not many. Several other examples of such ap­ BEVERLY SILLS, He is considered by those he works for, with, DAVID BAR-ILLAN. and at times even against to be a man of true peasement on a more private level have honesty and conviction. become public. Beverly Sills and David Within his duties as a County Probation Bar-Illan have pointed out how ads have Officer he is considered to be one of the been forced out of programs due to COMMENDATIONS highest professional and competent men by threats of cancellation from the Soviet's his own contemporaries. He has been recog­ Bolshoi Opera Company. In the words nized not only by local judges and authori­ of Sills and Bar-man. ties for his complete, professional, and ex­ HON. ED JONES The Bolshoi incident serves to illustrate OF emplary work, but from out of county and even further how perverted the purpose of even state authorities. More than once he cultural exchange ca.n become. Instead of IN THE HOUSE OF REPRESENTATIVES has received recognition in the form of promoting contact and liberalization, it has Wednesday, July 16, 1975 letters from out of county judges and attor­ ma.de us acquiesce to censorship .•. cultural neys, commending him for his honest and exchange may become not only useless, but Mr. JONES of Tennessee. Mr. Speaker, professional reporting. He has also repre­ I would like take this opportunity sented his department at seminar's relat­ dangerous. to to commend the House's July 9 favorable ed to his Job. An example would be in This is Captive Nations Week. It seems '67 and '68 when the horrible gluesnifflng that the message of the U.S. Government action on a Senate bill, S. 555, that craze hit our youth, Mark was assigned to amends the Consolidated Farm and look into the ma.tter to see what was in­ leaders to the captive peoples be they 1n Rural Development Act. This is a very volved in the proper handling of the situa­ Europe or Asia is that deals must be effective piece of legislation that I sup­ tion. During this time he represented the made with the slavemasters for they are ported wholeheartedly. Probation Department at several meetings powerful. The United States does not and conferences with local officials, a.nd, I seem able to stand up for even the most This bill represents a very important mlght add, in a. very fine manner. simple of decencies or the most funda­ change to the existing law. Its provisions Mark is a person who is not Just con­ mental of rights as such a stand might will make credit more readily available cerned with his own employment and work­ harm detente. The message is becoming to farmers affected by disasters, 1n that ing conditions but with that of every em­ they will be assured of enough capital to ployee of the county. He 1s an "Employee's clearer: detente is appeasement. At this point I include in the RECORD remain in business. Such a provision is a Employee." He ls a charter member of the very effective insurance policy for con­ employee association and in fact was one the text of the letter by Beverly Sills and of the creators of his high honor. From the David Bar-man from the New York sumers in that the producers of food time he became a. member he actively began products will be able to remain in busi­ Times. ness even in event of a disaster. By giv­ working for every employee in the county. PERVERTING THE PuRPOSE OF CULTURAL He has held nearly every office in the associa­ EXCHANGE ing the State directors of the Farmers tion a.nd served on nearly every committee, Home Administration more flexibility in from the wee small positions to the high­ To the Editor: Two recent instances of censorship in the disaster situations, they will now be able est, that of the president of the employee's to make decisions and act on the dis­ association. This he held twice. He ls cur­ United States raise serious questions about rently on the county retirement boa.rd, again the consequences of American-Soviet cul­ asters that affect only small numbers of working for those employees who a.re or will tural exchange. farmers. be effected by this system, and trying to The first episode ocurred in Los Angeles in The House Agriculture Subcommittee make this system the best possible in what June. Three separate advertisements were on Conservation and Credit is to be com­ ever wa.y he can. From the da.y he started he placed in the Bolshoi Opera program at the mended for the time and effort they put has been an active worker for better em­ Shrine AudltorlUin. One, sponsored by the into this bill. The legislation is a credit ployee conditions, soliciting information to local Jewish Federation Council, welcomed assist in negotiating for better employee the Bolshoi visit, but pointed out ths.t con­ to the 94th Congress. It is my sincere working conditions. tinued repressions of Jewish artists in the hope that a new understanding of farm In conclusion I feel Mark well qualifl.ed Soviet Union were incompatible with the problems is developing in Congress as for our Employee of the Year. He has shown spirit of cultural exchange. evidenced by the fact that not a single his outstanding character, exemplary profes- The others were commercial: a piece pro- vote was cast against this legislation. July 16, 1975 EXTENSIONS OF REMARKS 23209 MEDICAL MALPRACTICE AND practice insurance was estimated to be 60 difficult for the plaintiff in a malpractice million dollars; the figure today approaches suit to obtain expert medical testimony due DERMATOLOGY a billion dollars and is bound to go higher if to a reluctance of physicians to testify present trends continue. If one includes the against each other. HON. JAMES F. HASTINGS cost of "defensive medicine", which In­ EFFECT ON CONSUMERS cludes tests and procedures performed by Rapid advances in many areas of medical OF NEW YORK physicians to protect themselves from fu­ science have increased patient awareness of IN THE HOUSE OF REPRESENTATIVES ture malpractice claims, the cost of medical the possible benefits of medical treatment. malpractice In this country now approaches Wednesday, July 16, 1975 The corollary of this is that patients are 5 blllion dollars annually. The number of more likely to be disappointed if the health Mr. HASTINGS. Mr. Speaker, the re­ medical injuries per year may be as high as care system is unable to fulfill their expecta­ cent National Conference on Medical 2 million ln hospitals alone and that the tions. The injured patient, whether the in­ Malpractice which I cosponsored was at­ number of injuries caused by negligence may jury is due to medical malpractice or to the be as high as 700,000 per year. unfavorable outcome of treatment is, never­ tended by two representatives of the There are probably over 20,000 medical American Academy of Dermatology, theless, injured. malpractice claims per year and the num­ It has been estimated by insurers that Max B. Rubin, M.D., and Denny L. Tuf­ ber is increasing at a rate of between 9% to 46 % of all claims lodged with them are fanelli, M.D. 13 % per year. Only a small fraction of those meritorious. It takes an average of five years Their report on the conference and individuals ever involved in an incident of to settle a malpractice claim arising in any the malpractice issue as they apply to medical negligence or injuries ever seek res­ one year, and it often takes ten years to dermatologists is excellent, and should titution through the courts. While there settle all claims made for that year. Patients are many more injuries than malplactice must therefore suffer the needless hardship be very helpful to the members of my claims, it should be noted that approximate­ committee as we analyze the impact of of waiting for compensation. Settlement of ly 30 % of the "claims" are in fact merely a claim nets only 16 to 38 cents per dollar the malpractice problems on the various possible claims reported by doctors and hos­ to the patient. medical specialties. I believe that there pitals to their insurers and are never Inflation and changing costs of medical are several farsighted recommendations brought to the attention of the insurer by care also introduce inequities in the provi· made in the report, including a compre­ the involved patient. sion of long-term care for permanently in­ hensive study on the actual experience The average claim is settled for much less jured patients. Juries have often awarded of dermatologists with medical malprac­ than is thought to be the case. In at least enormous lump sums to patients to provide tice, including a survey of the member­ half the malpractice cases, the payment for their ca.re and maintenance for what amount has been $2,000 or less, with over would be expected to be a normal lifespan. ship of the academy, and the publication 90% of cases less than $20,000. When a mal­ Should the patient die in advance of this of the results. Also recommended is a practice case reaches the courts, the average expected lifespan, these large lump-sum continuing education program on mal­ settlement is approximately $8,000 and this payments revert to the patient's heirs, there­ practice prevention. amount is increasing at a rate of 13 % per by removing money from the system which I am pleased to note that my bill, H.R. year. While the number of million dollar must be replaced through premium in­ 6100 is reported on favorably in the claims has been few in relation to the total creases. number of claims, the impact on the system report. has been dramatic. THE ROLE OF THE LAW AND LAWYERS I understand this report to the acad­ The gradual evolution of precedents in the emy has not been reviewed by the acad­ ROLE OF PROVIDERS courts over the past 15 years has broadened emy officers or its membership because of At the present time, one out of five physi­ the definition of malpractice to include more the lack of time, and is not necessarily cians can expect to be sued in his profes­ than just simple negligence. sion.al lifetime. One out of seven doctors m The jury system of deciding negligence its official position. However, I insert the some high risk specialties can expect to be cases has been increasingly criticized as the report at this point in the RECORD so my sued ea-0h year. Physicians feel increasingly malpractice problem has worsened. Lay per­ colleagues may gain the benefit of read­ more vulnerable in the face of unilateral sons, serving on juries, don't often have ing its excellent analysis. actions by insurers. The age, sex, training the expertise to properly evaluate medical The report follows: a.nd qualifications of physicians has nothing results. They may be swayed by emotional THE MEDICAL MALPRACTICE INSURANCE CRISIS to do with who gets sued. arguments to find for the plaintiff even Any physician ma.y find himself the re­ through no malpractice has been committed. (By Max B. Rubin, M.D.) cipient of the anger and frustration of a Plaintiffs, however, are only successful in Over the past several months the existing patient or his family who has experienced approximately 20% of the cases which reach medical malpra<:tice injury compensation an unavoidable medical accident in the · the courts. system in the United States has become course of treatment. The contingency fee is at the heart of the dangerously overloaded and is close to col­ Malpractice insurance premiums for indi­ attorney fee system. One-third to one-half lapse in several states. This unparalleled vidual physicians are approaching $45,000 of malpractice claim settlements is the usual crisis is one of both the availability of medi­ annually in some states. It is estimated that attorney's contingency fee. The attorney cal malpractice insurance and the cost of premiums for dermatologists in California. must wait to recoup his investment ln time that insurance to health care providers. and New York are approaching $7,000. New and overhead until the claim is settled, prob­ Physicians in at least seven states face the physicians entering the health care system ably insuring that non-meritorious cases loss of all malpra<:tice coverage within the in some states cannot obtain malpractice reach the courts less frequently than 1f the next three months. Where coverage is avail­ insurance coverage a.t any price. These pres­ lawyers operated on a. purely fee-for-service able the cost is rapidly approaching the point sures make it difficult for part-time practi­ system. However, when large lump-sum set­ where the individual high-risk provider can tioners a.nd those nearing retirement, with tlements are made, the contingency fee pro­ no longer afford the yearly premiums. reduced patient loads, to remain in practice. vides for astronomical dollar a.mounts to be The recent National Conference on Medi­ Thus, the effective number of providers of paid to attorneys. This needlessly adds to cal Malpractice sponsored by Representative health care is reduced. the cost of the settlement of claims and fur­ James Ha.stings and the American Group There is no doubt, however, that true ther reduces the benefits paid to plaintiffs. Practice Association provided a form for dis­ medical malpractice negligence does exist. Total abandonment of the contingency fee cussion of this critical problem. Poor communication between the physician system would prohibit access to the courts MAGNITUDE OF THE PROBLEM and patient bas been cited by both physi­ to those unable to afford an initial retainer In attempting to assess any facet of the cians a.nd patients as the most common ca.use or attorney's fee. Thus, patients with limited medical malpractice insurance problem, it is of suits. Failure to adequately inform pa­ resources and legitimate claims would be immediately apparent that there is a lack tients of risks and possible outcomes of med­ denied equal compensation for medical mal­ of accurate statistical information. The ex­ ical treatment, the depersonalization of the practice injuries. cellent report of the Secretary's Commission health care delivery system, and a weakening ROLE OF INSURERS on Medical Malpractice (DHEW Pub. No. of the doctor-patient relationship has re­ Insurers are unable to accurately predict (05) 73-88) which is the most comprehen­ sulted in an increased number of suits. their risk due to the dramatic and rapid sive study yet performed, is now over 2 years No responsible physician would contend increase in the number of claims and the old and its conclusions may no longer be that negligent physicians should be exempt size of settlements. The so-called "long tail" valid. It is estimated that at least 74% of from responsibility for their action. Self­ of claims made for every given yea.r makes it all medical malpractice claims arise out of discipline by groups of physicians has been difficult to establish premium rates. It is esti­ incidents occurring in hospitals. Since hos­ made extremely difficult because the courts mated that lt takes ten years to settle all pital records are obviously easier to study often fail to support the attempts by local claims arising in any given year. than records of private practitioners, very and state medical societies a.nd licensing little data. has been gathered in the area of boards to expel poor doctors. It ls all too FEDERAL SOLUTIONS greatest concern to dermatologists: the pri­ easy for a. physician whose license has been H.R. 6100 (Hastings): The Medical Mal· vate office. revoked to continue practicing and. thus, practice Claims Settlement Assistance Act. In 1960, the national cost of medical mal- continue to commit negligent acts. It is often Provides for federal reinsurance over $200,- CXXI--1462-Pa.rt 18 23210 EXTENSIONS OF REMARKS July j 6, 19 7 5 000 for malpractice claims. Qualified states ous state legislatures is beyond the scope of be performed by the National Academy of would have to establish programs of arbitra­ this report. Sciences. We do not believe that the Acad­ tion which would then be the required Approximately 25 states now have or are emy should support the provision S. 215 or method of handling malpractice claims be­ considering some form of arbitration. This s. 482, as both these bills would needlessly fore the judicial approach is used. The bill method of settling malpractice claims is at­ limit the freedom of the individual derma­ provides for control of attorneys' contingent tractive because it can lead to the settlement tologist. We do not believe at present that the fees, reduces the statute of limitations to two of claims faster than the current system. Academy should support any form of no­ years, provides for the establishment of pa­ Arbitration probably will eliminate expen­ faul t insurance. tients' grievance mechanisms, establishes sive cost of defending malpractice insurance We believe some form of arbitration system rules for the awarding of periodic rather claims. Arbitrators, if selected carefully, on the stat e level provides the most likely than lump sum payments to injured pa­ would be able to bring specialized knowledge avenue for improvement of the present sys­ tients, requires the establishment of risk­ to bear on particular problems, and thus tem. The Academy should explore the crea­ control programs, and provides for the cu­ ensure fair compensation for medical mal­ tion of a pool of objective expert witnesses mulation and reporting of statistical infor­ practice injuries free from emotional argu - who would be available to assist arbitrators mation on malpractice. No penalties for fed­ ments. or actually engage in the arbitration of mal­ eral assistance are imposed. No-fault solutions practice claims involving dermatologists. S. 188 (Nelson): Federal Malpractice In­ S. 215 and other no-fault solutions pro­ Operating on the state level, organized surance Act. vide that the person injured by medical dermatology should support local legislation Establishes in HEW a national medical treatment be compensated regardless of the which provides for short-term solutions de­ malpractice development fund patterned liability of the provider. signed to maintain the availability of medi­ after the federal riot and flood reinsurance If a comprehensive no-fault insurance plan cal malpractice insu1·ance; these solutions programs. Insurance companies selling medi­ is adopted, we may potentially be exchanging include Joint Underwriting Associations and cal malpractice insurance could voluntarily one set of inequities for another. No studies state reinsurance funds. Model state bills pay into the fund and the fund would guar­ have yet been done to estimate the cost of s':lould include provision for arbitration of antee payments over $25,000. In addition, a no-fault programs, which may be many malpractice claims but not completely pre­ variety of studies of medical malpractice times that of the present system. vent access to the courts by individual problems would be ordered to evaluate alter­ What should be done by organi.zed der­ claimants. native solutions to the current system of matology? All modifications of the present system handling medical negligence injury. As has been stated, t here is a striking lack should basically be directed toward provid­ Under the provisions of this bill insurance of data about the malpractice experieil:!e of ing comprehensive medical malpractice in­ companies would be protected against cata­ office-based physicians including most der­ surance at a reasonable cost. These changes strophic losses and would therefore be en­ matologists. We believe it is absolutely es­ must, however, provide for more rapid and couraged to remain in the medical malprac­ sential that a comprehensive study be per­ more widespread compensation for medical tice insurance marketplace. formed as soon as possible in order to deter­ i ·1juries. We believe that much of the pres­ S. 215 (Inouye and Kennedy) : National mine the actual experience of dermatologists ent problem has occurred because the cur­ Medical Injury Compensation Act of 1975. with medical malpractice. It may be possible rent system has been called upon to provide Creates a Federal no-fault compensation to secure a. government grant through the compensation for non-negligent medical in­ system for medical injuries which would Department of Health, Education, and Wel­ jury and the poor outcome of non-negligent rapidly compensate an injured patient (up fare in order to expedite this survey. A de­ medical treatment. If these factors are re­ to a maximum monthly dollar amount) re­ tailed questionnaire shoulcl be constructed moved from the system, perhaps by includ­ gardless of whether the injury was ca used by and mailed to all Academy members in order ing a provision for the compensation of these negligence or poor outcome. to gather statistical information on the patients through a national ca.ta.strophic The bill would be self-funded through pre­ causes of malpractice claims against derma­ health insurance bill, and if the appropriate miums paid in by participating physicians. tologists and the outcomes of these claims. It legislation ls enacted, the overloaded medi­ The physician would on a voluntary partici­ will be essential to guarantee anonymity to cal malpractice insurance sy:::tem can be.gin pation basis, pay an annual premium to the all respondents to insure their participation to function efficiently. federal government and in return his pa­ in the survey. It might be advisable to dis­ tients would get benefits for injuries re:mlt­ tribute the questionnaire with a covering let­ ing from his treatment. In order to guar­ ter signed by the President of the American antee a high standard of quality medical Academy of Dermatology encouraging par­ ENVIRONMENTAL ACT NEEDS care and prevent abuse of the system the ticipation and guaranteeing that no individ­ AMENDMENT provider would agree: 1) that his services ual questionnaire would be made available be subject to review by his area's PSRO; 2) to anyone but those actually preparing re­ to comply with national standards of licen­ sults. HON. PAUL FINDLEY sure; 3) to obtain a "confirming consulta­ Based on the data provided by this sur­ tion" before performing specified types of vey, suggestions for the avoidance of mal­ OF ILLINOIS surgery; and 4) to treat Medicare patients at practice by practicing dermatologists could IN THE HOUSE OF REPRESENTATIVES the prevailing rate of reimbursement. be ma.de. The results of the survey could be Wednesday, July 16, 1975 The bill would also abolish the contingency published in the Archives of Dematology out­ fee system, paying any fees to attorneys out lining the most frequent malpractice pitfalls Mr. FINDLEY. Mr. Speaker, during the of the medical injury compensation insur­ and presenting suggested remedies. The re­ past decade, the long overdue effort to ance fund. No part of any no-fault benefits sults of the survey could be incorporated protect our environment and its precious would be paid to the lawyer. Patients would into a special course or seminar to be held natural resources from potential ecologi­ not be forced to accept no-fault settlements, at the annual meeting of the American cal disaster has accelerated. Increasing­ but could go to court to recover damages Academy of Dermatology. instead. Academy members could be encouraged to ly sensitive to nature's limits, the public S. 482 (Kennedy and Inouye): National attend such a malpractice prevention course has called for more prudent conserva­ Medical Malpractice Insurance and Arbitra­ at least once every two years. This would tion of our Nation's natural assets and tion Act of 1975. increase attendance at the national meeting Congress has responded in kind, creating Requires non-binding arbitration of medi­ by just those physicians who would most the Environmental Protection Agency cal malpractice disputes. The provisions of benefit from exposure to the most recent de­ and investing in it broad regulatory pow­ the legislation would allow providers to vol­ velopments in dermatology. The Academy ers through such legislation as the Clean untarily join the plan and pay an annual should also encourage attendance by its premium to the federal government. They members at regional and local clinical meet­ Air and Clean Water Acts. In recent would receive insurance coverage and ings. years, however, we have witnessed a dis­ be required to abide by the same conditions We believe organized dermatology should tressing tendency on the part of both of participation as described above for S. attempt to encourage the development of Congress and the EPA to rush into the 215. solutions at the state level rather than at the business of environmental protection The claimant could either accept the de­ federal level. Of the proposed federal solu­ without fully evaluating the implications cision of the arbitration panel or sue, but tions, however, H.R. 6100 (Hastings) offers a of their adions. Instead, practical think­ the result of the arbitration would be ad­ reasonable and efficient temporary solution ing and commonsense have all too often missible as evidence in court. Contingent fees to the problem and should be strongly sup­ been preempted by unwarranted haste in would be controlled on a sliding schedule ot ported by the American Academy of Derma­ percentage of plaintiff's awards. The federal tology. The Academy could support S. 188 the reqmrmg pollution controls. Really insurance would apply only in states which Federal Malpractice Insurance Act as long as thorough research and consideration of enacted legislation consistent with the fed- no federal standards for providers are the impact that a particular decision or eral act. a.mended to that legislation. The Academy device will have on both the environment State solutions should also support H.R. 1378 (Rostenkow­ and the economy has sometimes been ne­ A detailed analysis of alternative solu­ sk.i), a bill which provides for studies of glected. As a result, our environmental tions now under consideration by the vari- medical malpractice insurance problems to policy has been plagued by the "leap be- July 16, 1975 EXTENSIONS OF REMARKS 23211 fore you look" syndrome, certalnly not proposed technology be submitted along tainty along with increased expenditures or appropriate to the gravely serious mat­ with the already required environmental time and resources. impact statement prior to certification. "I! the answer is that regulation has not ters with which we are dealing. served us wall, and if some agencies have A case in point is the ill-fated catalytic The results of the field testing and im­ failed to discharge their obligations, then the converter for curbing automobile exhaust pact evaluation would then be subject to creation of still another layer of bureaucratic emissions. Only now, after literally mil­ public scrutiny. authority," Datt said, "is not a truly credible lions of cars have been outfitted with Business :firms and private citizens alternative or choice." these devices, do we find out that the alike are being required to make sub­ "How much expertise will there have to be catalytic converters themselves actually stantial investments in technology whose in the ACP to make it effective in its inter­ vention into proceedings of other agencies?" contribute to pollution, spraying sul­ performance, effects, and reliability are Datt asked. furic acid into the air. So now the EPA often unproven. It is my hope that this "ls it too not much to expect that one is reassessing the situation, taking an­ bill will encourage a more responsible more agency-reducing no one knows how other look at the emission standards. The attitude in determining environmental much of our future government operations only problem is that they are doing it policy. When dealing with something so to adversary proceedings-will provide all the now, after the gadgets are already on the delicate as our environment, where small better results and consumer protection that road. The horse is already out of the oversights sometimes result in huge the existing agencies allegedly have not?" barn. catastrophies, it is incumbent upon us On the matter of the exemption provided agriculture in the recently pa.ssed Senate bill The colossal waste represented by the to develop and follow an environmental (S. 200), Fred Poole. assistant director, AFBF EPA's abortive orders related to the cat­ policy which attempts to achieve a rea­ Congressional relations, told the committee alytic converter could have been avoided. sonable balance between environmental that "the blll is wrong in concept and wrong No one will ever know just how costlY necessity and economic reality. in principle and therefore no amendment will this misadventure has been. Certainly improve it. staggering is an appropriate adjective. "Moreover, exemptions granted by one Con­ Because of the converter, most new 1975 gress can easily be withdrawn by another. cars cost about $200 extra. Because of FARM BUREAU TESTIFIES AGAINST An exemption provided by one House of the AGENCY FOR CONSUMER AD­ Congress need. not be agreed to by the other." the converter, all major gasoline service In referring to the exemption provided la• stations have been required at great ex­ VOCACY bor, Poole asked, "How can any agency al· pense to install pumps, and in many legedly conceived to protect the consumer on cases tanks, to handle the no-lead gas HON. JOHN M. ASHBROOK all such consumer concerns as listed in H.R. required by the converter or to discon­ 7575 not be able to examine labor costs and/ tinue selling high octane gas. The aver­ OF OHIO or practices a.s they relate to the cost of age cost of the new installation has been IN THE HOUSE OF REPRESENTATIVES goods?" estimated at $6,000. Add to that the costs Wednesday, July 16, 1975 Poole said that a labor exemption "casts a cloud over this legislation." underwritten by refineries to produce the Mr. ASHBROOK. Mr. Speaker, the "Congressional oversight," Poole stressed. no-lead fuel for the catalytic converters. American Farm Bureau has sharply "wlll do more than a new bureau to cure any All of this expense came during a pe- criticized H.R. 7575, proposed legislation shortcomings of federal agencies." 1·lod of great inflationary stress. Indeed, to create an Agency for Consumer Ad­ it contributed significantly to this stress. vocacy. Testifying before the House Com­ It was a dead.weight on the economy, de­ mittee on Government Operations, Fa1'Ill. pressing the new car market, throwing Bureau representative, John Datt, called SOVIET AUTHOR ALEXANDR thousands out of work, inflating prices, the bill "a clear danger" to the market SOLZHENITSYN and wasting valuable resources. system. How many other misadventures simi­ Datt stated that the ACA would "lead lar to the catalytic converter are being inevitably to unilateral Government HON. JOSEPH G. MINISH perpetuated in the name of environ­ decisions on many matters which are OF NEW JERSEY mental cleanup? I do not know. But I IN THE HOUSE OF REPRESENTATIVES suspect there are others. One possibility better left to the marketplace." He also added that "it is a mechanism which Wednesday. July 16, 19'15 is the requirement being imposed on the lends itself to Government control of the construction of electrical generation economy." Mr. MINISH. Mr. Speaker, yesterday, equipment. It seems the new "scrubber" I agree with the views of the American the renowned exiled Soviet author Alex­ which removes particulate matter from Farm Bureau on the ACA. Government andr Solzhenitsyn spoke before a gather­ industrial air emissions has its own rub­ interference in our free enterprise sys­ ing which included many Members of the bery emission. Will it present a new haz­ tem is already too great without piling House of Representatives and the Senate. ard to the environment? on more Federal controls. The Nobel Prize winning writer SPoke If the misadventure with the catalytic Following is the text of the article of the oppressive and authoritarian na­ converter leads to a more pragmatic from the June 23 issue of the Fann Bu­ ture of and warned of the approach to environmental procedures reau News: pitfalls of detente. at last, its colossal cost will not have I commend his remarks to all my col­ been altogether in vain. CONSUMER AGENCY PROPOSAL LENDS ITSELF TO GoVERNMENT CONTROL OF ECONOMY leagues in the House: Mr. Speaker, today I am introducing SPEECH BY ALExANDR SOLZHENITSYN I The bill (H.R. 7575) to create an Agency a bill which will, hope, help to avert for Consumer Advocacy was called "a clear Here, in the Senate Office Building, I must future ecological blunders. The bill danger" to the market system by Fa.rm Bu­ begin by saying that I have in no way for­ would require the EPA to certify that all reau at a June 18 hearing by the House Com­ gotten the signal, and even exceptional honor proposed environmental technology bas mittee on Government Operations. paid me by the United States Senate in twice undergone an extensive period of :field "This agency for consumer protection will endeavoring to declare me an honorary citi­ testing, not less than 6 months, before lead inevitably to unilateral government de­ zen of the United States. it ls approved for installation. Certainly, cisions on many matters which a.re better left I interpret this to mean that you have in some technology, either more complex to the marketplace," John C. Datt, director, mind not Just myself a.s a. person, but the AFBF Congressional relations, said. "More­ mllllons of my fellow countrymen who have or 1·evolutionary in nature than others, over, it is a mechanism which lends itself to been deprived of rights, and even those in would require more time for adequate government control of the economy." the other communist countries-those mil­ examination of its performance and Datt added, "Despite its assertions of con­ lions who have never been able, and are still characteristics. Accordingly, the Admin­ sumer protection, the proposed ACP Act is, unable, to express their opinions in the press, istrator of the EPA is required to take in fact, quite wide of that mark. It is instead in parliaments, or at international confer­ into consideration the professional com­ a design for government agency chaos. ences. ments and suggestions of environmental "It proposes agency versus agency confron­ In conveying to you my gratitude for the specialists 1n setting the appropriate tations with final resolution of differences to decisions of the United States Senate relat­ period of testing. be made in the federal courts, if need be." ing to myse-1!, I am even more conscious of This will result, Datt said, "in what is rap­ my responsibility as representative or those In addition. my bill would augment an idly becoming a quagmire of administrative others-a responsibility almost too burden­ existing provision by requ1rJng thu a law and procedure, which inevitably lends some for the shoulders of a single human statement of the economic impact of the itself to more and more delay and uncer- being. But since I have never lost sight of the 23212 EXTENSibNS OF REMARKS July 1 6, 19 7 5 suffering, the striving, and the yearnings of of it. The United States has not had a thou• In order to meet all of the reporting re­ those other voiceless millions, and have had sand years to train for this. Maybe the 200 quirements of the federal law and those of no other aim in life than to give voice to years of your existence has been time to weld our state laws the Michigan Democratic them, this has lent me strength for my pub­ together a sense of national awareness. The Party maintains two separate accounts-one lic appearances in this country and for my load of obligations and xesponsibilities has for federal elections and one for state elec­ appearance before you here today. There are fallen on you unbidden. tions. My question to the Commission which as yet few ba<:k there, in the communist That is why you members of the Senate I seek guidance on is this: Even though the countries, who speak out, but millions un­ and of the House of Representatives, each moneys for federal elections are not kept in derstand how loathsome and repulsive the one of you is not just an ordinary member the official account of the Michigan Demo­ system is. Whoever can do so "votes with of a.n ordinary Parliament-you have been cratic Party, can they nevertheless be used to his feet," simply fleeing from this mass vio­ elected to a particular position in the con­ make the types of independent expenditures lence and extermination. temporary world. I would like to convey to that are permitted for State Central Com­ Here today I see not only members of the you how we-the citizens of the communist mittees? Senate, but also a group of Representatives. countries look upon your words, deeds, pro­ 2. "Section 608(f) (3) states that "A State Thus, I am speaking for the first time to posals, and enactments-as brought to us committee of a political party, including any participants in your country's legislative over the radio and sometimes with warm subordinate committee of a State commit­ process whose influence in recent years has approval and sometimes also with horror tee" may not make an expenditure with spread well beyond the limits of American and despair. But we never have a chance to regard to the election of a United States history alone. respond out loud. senator in Michigan of more than 2¢ times In virtually every respect our Russian his­ Perhaps some of you, in your minds, still the VAP or for a United States represent­ torical experience has been almost the oppo­ feel yourselves just representatives of your ative, $10,000. How are we to interpret the site of yours. Our enormous sufferings in the state or party-but we from over there, fa,r phrase "subordinate committee"? Michigan twentieth century have made this Russian away from here, the whole world itself, does statute establishes in addition to a State experience a. bitter example, one which is too not perceive these differences. We do not look Central Committee, 83 county committees overwhelming, one which-as it were--comes upon you as Democrats or Republicans, not and 18 congressional district committees of to you from the future. Hence it is the more as representatives of the East or West coast each major party. There are some inter­ needful that we convey to one another our or the Midwest, we see you as figures upon locking relationships between these orga­ mutual experiences-persistently and with each of whom depends whether the course nizations and the state committee but these complete sincerity. One of the most terrible of world history will tend to tragedy or relationships do not extend to our controll­ dangers of the present day is precisely that salvation. ing their decisions on the raising or expendi­ the destinies of the world a.re tangled to­ In the oncoming combination of a world ture of campaign funds. Are we required gether as never before, so that events or political crisis with a shift in the spiritual under this act to institute a new system mistakes in one part of the world are imme­ values of a humanity exhausted and choked of control such as requesting them to file diately felt in all the others. At the same by the existing false hierarchy of values, you with us so that we can make a consolidated time the exchange of information and of or your successors in the Capitol will have filing of all of their federal election expen­ opinions between populations is blocked by to confront, and are confronting today, tasks ditures or are they to be treated as any other iron barriers on the one side, while, on the which are immeasurably greater, incompa­ political committee and therefore limited other, it is distorted by distance, by mis­ rably greater, than the petty calculations of to an expenditure of $1,000 on behalf of any information, by narrowness of outlook, or diplomacy, the interparty struggle, or the candidate or are both they and the state through deliberate misinterpretation by clash between President and Congress. There committee permitted to make separate $10,- observers and commentators. is no choice but to rise to the tasks of the 000 expenditures? If they are not subordi­ In my few addresses here in your country age. nat e committees, I would presume the en­ I have attempted to break through that ca­ Very soon, only too soon, your state will tire expenditure limit cited above would ap­ lamitous wall of ignorance or of unconcerned have need not only of exceptional men but of ply to the state committee. Since an inter­ arrogance. I have tried to convey to your great men. Find them in your souls. Find pretation that would require consolidated countrymen constrained breathing of the in­ them in your hearts. Find them in the heart reports would result in the necessity for a habitants of Eastern Europe, in these very of your country. great deal of explanation and re-organization weeks when an amicable agreement of diplo­ within our party, I would urge a prompt matic shovels will bury and pack down bod­ response to this question." 3. "Section 432(f) (2) and Section 433(e) ies still breathing in a common grave. I have tried to explain to Americans that 1973, the and Section 434(2) all state that a political PROPOSALS FROM THE FEDERAL committee which is not a principal cam­ tender dawn of detente, was precisely the ELECTIONS COMMISSION paign committee "shall not file the required time when the starvation rations in the pris­ reports or statements with the Federal Elec­ ons and concentration camps of the USSR tion Commission" but instead with the ap­ were made even skimpier while in the very HON. TOM STEED propriate principal campaign committee. Is most recent months, when more and more there other language in the statute or legis­ Western speechmakers were pointing to the OF OKLAHOMA lative intent in the conference committee beneficial consequences of "detente," the IN THE HOUSE OF REPRESENTATIVES report that would indicate that these sec­ Soviet Union put the finishing touches on tions do not apply to state political party an even more novel and important improve­ Wednesday, July 16, 1975 committees? A literal interpretation of this ment in its system of punishment: retain­ Mr. STEED. Mr. Speaker, in keeping language would seem to indicate that we, as ing their undying primacy in the invention a state party, would have to file a complete of forced labor camps, the Soviet jailors have with my previously announced policy of placing into the RECORD proposals from statement of all contributions received and now established a novel form of solitary con­ all expenditures made with every candidate finement-forced labor in the solitary cells­ the Federal Elections Commission, I am whom we supported. If your answer to my cold, hungry, without fresh air, without suf­ offering the following for the benefit of first request also envisions the state party ficient light, and working according to im­ my colleagues. I herewith include an­ consolidating the reports of all of our local possible output norms. And failure to fulfill other installment of the materials pro­ party committees, I believe you can imme­ is punished by confinement under even more vided by the Federal Elections Commis­ diately see the horrendous logistical prob­ brutal conditions. lems such a requirement would create. It Ala-s, such is human nature that we never sion for publication in the Federal Reg­ ister. For the Members who desire to also appears to me the intent of this stat­ feel the sufferings of others until we our­ utory language was to take care of those selves have to share them. I am not certain retain a copy of the entire series, other political committees who were supporting that in my addresses here I have succeeded in installments were printed in the appen­ one candidate but were not the principal conveying the breath of that terrible reality dix of the RECORD on June 2, June 25, campaign committee. Since we support a to American society which is complacent in July 9, July 14, and July 15. Additional number of candidates, I do not believe it its prosperity. But I have done what I was installments will be made available as would be practical to interpret the statute bound to do, and what I could. So much the any oth'er way but to have us file directly worse if the justice of my warnings becomes soon as possible. The material follows: with your Commission. We will need an an­ evident only some years hence. AOR 1975-2: THE MICHIGAN DEMOCRATIC swer on this question well in advance of the Your country has just recently passed PARTY-MULTI-CANDIDATE POLITICAL COM­ first date on which we need to file. through the extended ordeal of Vietnam, MITTEES 4. "Section 431(f) (4) (C) excludes from which so exhausted and divided your society. "Dear Sirs: 1. It is my understanding that the definition of expenditures, communica­ I can tell you with confidence that this or­ 18 U.S.C. Section 608(f) entitles state com­ tion by any membership organization to its deal was the least of the long chain of simi­ mittees and their subordinate committees to members. Since we are a membership organi­ lar trials which awaits your country in the make independent expenditures on behalf of zation in Michigan and since the state party near future. a candidate for federal office in an amount ls not organized primarily for the purpose of Whether or not the United States so de­ up to $10,000 for a United States House of influencing the election of any person to fed­ sires, it stands at the peak of world history Representatives candidate and up to $.02 eral office, are our expenditures for our news­ and takes the burden of leadership if not of times the V AP for a. United States Senate letter not an expenditure under the scope the whole word, then of at least a good ha.If candidate. of the statute? July 16, 1975 EXTENSIONS OF REMARKS 23213 5. "Does Section 437-a.. require the filing of on the important issues in Congress as well Richard Roberts c/o Richard Roberts, Es­ reports by local political committees who do as allowing the Member to receive and tabu­ quire Taft, Stettlnius & Hollister, DiXie not receive contributions over $1,000 or make late the opinions of his constituents on Terminal Building, Cincinnati, Ohio 45202. expenditures over $1,000 with regard to fed­ these same issues. eral elections, to still report to the Federal The monetary allowance which a Member AOR 1975-6: CAMPAIGN DEBTS INCURRED DUR· Election Commission any moneys received or receives from the federal government is not ING THE PERIOD OF JANUARY 1, 1973 expended in a lesser amount which are used sufficient to cover the costs of these non­ THROUGH DECEMBER 31, 1974, INCLUSIVE­ to influence the outcome of a federal elec­ campaign services. The NRCC has for many REQUEST SUMMARIZED BY THE COMMISSION tion? Does the phrase "commits any act di­ years provided a certain percentage of the Facts: Candidates for federal office in rected to the public" mean that such routine funds for said services and has furnished 1974 have outstanding debts remaining from activities by a political committee as put­ certain of these services in kind to Mem­ their respective campaigns. If there is no ting up a poster for a candidate for federal bers. conflict with the Federal Election Campaign office must be translated into a dollar value The folloWing services are among those Act of 1974 as revised by the Federal Elec­ and reported to the Commission? In the in­ which the NRCC has traditionally supplied to tion Campaign Act Amendments of 1974 terest of not subjecting a large number of Members for non-campaign purposes: (hereinafter referred to as the "Act"), several people to criminal prosecution for innocent 1. The NRCC's preparing and printing different approaches are proposed in order actions, I suggest the Commission examine newsletters, questionnaires and other print­ to eliminate the outstanding financial carefully the legislative intent behind this ed matter to be mailed by a Member under obligation: statute and write strict regulations regarding the Congressional frank. a. Former candidate wishes to personally its interpretation. 2. The NRCC's reprinting of exce1·pts from pay her debts and the debts of her campaign (Signed) MORLEY A. WINOGRAD, the to be mailed by committee. Chairperson. Members under the Congressional frank. Source: JoAnn Saunders, 2-3-75. 3. The NRCC's paying the cost of tabulat­ b. Former candidates and their campaign AOR 1975-3: NATIONAL REPUBLICAN CONGRES• ing responses to questionnaires sent by a committee wish to accept from other polit­ SIONAL COMMITTEE-MULTICANDIDATE POLIT• Member to his constituents under the Con­ ical committees contributions to be used ICAL CollOUTTEE gressional frank, including the cost of using .solely to liquidate pa.st campaign debts. "Dear Commissioners: The National Re­ a computer for such tabulation. Source: Republican Congressional Boosters publican Congressional Committee (herein­ 4. The NRCC's reimbursing a Member for Club, 2-5-75; Representative Richard after "NRCC") , a political committee as de­ the cost of newsletter paper purchased by Kelly, 5-6--76. fined by 2 U.S.C. Section 43l(d), hereby re­ the Member from the House of Representa­ c. Former candidate wishes to cancel a quests that the Federal Election Commis­ tives Stationery Room to be used by the debt owed to him by his campaign commit­ sion (hereinafter "FEC"), issue an advisory Member in preparing materials to be malled tee and, if appropriate, have the debt be opinion pursuant to 2 U.S.C. Section 437(f) by the Member under the Congressional treated as a contribution made in 1974. as to the legality of the transactions and frank. Creditor of a campaign committee wishes to activities described in this letter. STEVEN STOCKMEYER, cancel the debt owed him by the committee On the basis of the facts and law set forth Executive Director, National Repiiblican and treat it as a contribution made in 1974. in this letter, it is requested that the FEC Congressional Committee. Source: Representative Richardson Preyer, ad.vise the NRCC, a multi-candidate political 2-10-75; Democrats for Harlan, 5-22-75. committee as defined by 18 U.S.C. Section AOR 1975-5: CONTRIBUTIONS FOR CAMPAIGN d. A campaign committee owed a private 608(b) (2), that the following services and DEBTS INCURRED PRIOR TO DECEMBER 31, survey organization two thousand dollars property which it provides to Republican 1972-REQUESTS SUMMARIZED BY THE COM• for 1974 election campaign services. In 1974, Members of the House of Representatives MISSION a private individual pledged to pay this (hereinafter "Member"), are non-campaign Facts: Candidates who ran for federal office amount in behalf of the committee, and in nature and, therefore, do not count against in 1970 and 1971 have outstanding debts re­ executed a note in this amount in favor of its $6,000 campaign contribution limitation maining from their respective election cam­ the .survey company. This pledge was duly to a candidate in any election (See 18 U.S.C. paigns. Solely to liquidate these past debts, reported by the committee to the previous Section 608(b) (2)) and also do not apply to the former candidates and their campaign supervisory officer in the report covering the the Member's election expenditure limita­ committees have been accepting contribu­ last quarter of 1974. However, the survey tions. (See 18 U.S.C. Section 608(c) (1) (E)). tions from a variety of legitimate sources. company did not agree to accept the note in These services are: The former candidates and their campaign satisfaction of the committee's debt until 1. The NRCC's preparing and printing committees wish to continue accepting such after January 1, 1975. newsletters, questionnaires and other printed contributions if this is permitted by the Source: Hart for Senate Committee, 4-23- matter to be mailed by Members under the Federal Election Campaign Act of 1971 as 75. Congressional frank. revised by the Federal Election Campaign Issues: 1. Is 18 U.S.C. Section 608 appli­ 2. The NRCC's rep1·inting of excerpts from Act amendments of 1974 (hereinafter re­ cable to current contributions made solely the Congressional Record to be malled by ferred to as the "Act"). to pay debts from a federal election campaign Members under the Congre sional frank. Source: William B. Stanley. 12-13-74, Taft held during the period of January 1, 1973 3. The NRCC's paying the cost of tabu­ '71 Committee. 5-21-75. through December 31, 1974, inclusive? lating responses to questionnaires sent by Issues: 1. To what extent is the Act ap­ Source: JoAnn Saunders, 2-3-75; Repub­ a Member to his constituents under the plicable to current contributions made solely lican Congressional Boosters Club, 2-5-75; Congressional frank including the cost of us­ for repayment of debts stemming from fed­ Representative Richard Kelly, 5-6-75; Rep­ ing a computer for such tabulation. eral election campaigns which ended prior resentative David Emery Committee, 5-14-75; 4. The NRCC's reimbursing a Member for to December 31, 1971? James R. Soles, 4-30-75. the cost of newsletter pa.per purchased by Source: William B. Stanley. 12-13-74, Taft 2. If 18 U.S.C. Section 608 is applicable to the Member from the House of Representa­ '71 Committee. 5-21-75. current contributions made solely for the tives Stationery Room to be used by the 2. If 18 U.S.C. Section 608 is applicable to repayment of debts stemming from a federal Member in preparing materials to be mailed current contributions made solely for the election campaign held during the period of by the Member under the Congressional repayment of debts stemming f1·om a federal January 1, 1973 through December 31, 1974, frank. election campaign ending prior to December inclusive, are these contributions to be FACTS 31, 1972, ru.·e these contributions to be re­ reported to the Federal Election Commission The NRCC is a political committee as de­ ported to the Federal Election Commission as relating to a prior election or should these fined in 2 U.S.C. Section 431(d) and 18 as relating to a prior election or should these be included within and counted toward the U.S.C. Section 591(d) and also qualifies as a be included within and counted toward the limitations provided for the next forth­ multi-candidate political committee pursu­ limitations provided for the next forthcom­ coming campaign? ant to 18 U.S.C. Section 608(b) (2). The ing federal election campaign? Source: Republican Congressional Boosters NRCC, which was founded in 1866, has tra­ Source: Taft '71 Committee, 5-21-75. Club, 2-5-75; Representative Richard Kelly, ditionally provided various forms of support 3. If 18 U.S.C. Section 608 is applicable to 5-6-75; Representative David Emery Com­ to Republican Members of the House of current contributions made solely for the mittee, 5-14-75. Representatives in connection with their repayment of debts stemming from a federal 3. If 18 U.S.C. Section 608 is applicable to fulfilling their duties as federal officeholders. election campaign ending prior to December current contributions made solely for the The NRCC provides to Republican Mem­ 31, 1972, is a distinction made between con­ repayment of debts incurred during the pe­ bers of the House of Representatives a variety tributions by the candidate and his immedi­ riod January 1, 1973 through December 31, of services to assist the Members in fulfilling ate family, and contributions by some other 1974, inclusive, is a distinction made between person? contributions by the candidate and his im­ their duties as federal officeholders and in mediate family and contributions by some keeping their constituents informed on mat­ SOlU'Ce: William B. Stanley. 12-13-74, Taft other persons? ters pending before the House. These serv­ '71 Committee. 5-21-75. Source: JoAnn Saunders, 2-3-75; Repub­ ices are not directed to a Member's cam­ Sources (A.O.R. 1975-5): William B. Stan­ lican Congressional Boosters Club, 2-5-75: paign efforts. On the contrary, they permit a ley, 17 Meadow Lane, Box 1129, Norwich, Representative Richard Kelly, 5-6--75; Repre­ Member to provide citizens in his District Conn. 06360. sentative David Emery Committee, 5-14-75; with accurate and up-to-date information Taft '71 Committee, through its Attorney, James R. Soles, 4-30-75. 23214 EXTENSIONS OF· REMARKS July 16, 1975 4. Is the 1974 Act applicable in a. situation of us who are her neighbors in Greens~ element of dangerous instabllity into the in which (a) a political committee owed a boro are particularly proud of her. economics of farming in this country. private research group $2,000 !or 1974 cam­ Estimating the Russians• requirements is paign services, (b) an individual supporter extremely tricky. The Russians themselves of that political committee executed a prom­ are highly secretive, regarding the whole issory note in that amount in favor of the THE SECOND RUSSIAN WHEAT subject of crops and stocks as a matter of creditor in 1974 (c) the committee acknowl­ DEAL national security. Most of their productive edged the note as a pledge which was duly land lies at high latitudes with short grow­ reported in the committee's report covering ing seasons and undependable rainfall. It the last quarter of 1974, (d) but the note ls HON. MARTIN A. RUSSO appears that the U.S. Department of Agri­ not itself accepted by the creditor in satisfac­ OF ILLINOIS culture in recent months substantially over­ tion of the committee's debt until January 1, IN THE HOUSE OF REPRESENTATIVES estimated the current Russian crops. The 1975? point is not to chide the department's tech­ Source: Hart for Senate Committee, 4-- Wednesday, July 16, 1975 nicians for a bad guess, but to emphasize 23-75. that these estimates are always and inher­ 5. If a creditor of a campaign is willing to Mr. RUSSO. Mr. Speaker, in recent days it has become readily apparent ently imprecise. It ls a great mistake to base cancel a campaign debt incurred during the national food policy on the assumption that period of January 1, 1973 through December that the Soviet Union is preparing to they can be made exact. Even the forecasts 31, 1974, inclusive, does the cancellation con­ purchase American grain. I am sure my of the American grain crops can shift sub­ stitute a. persona.I contribution under 18 colleagues are well aware of the manip­ stantially through the summer, as last year's U.S.C. Section 608 and should it thus be ulations engineered by the Department bad weather demonstrated. The Secretary of treated as any other contribution to repay of Agriculture 3 years age that won­ Agriculture, Earl Butz, is pretending that campaign debts? he knows exactly how big the coming harvest Source: Representat ive Richardson Preyer, drously managed to increase prices to American housewives and at the same is going to be, but his past record as a fore­ 2-10-75. caster does not inspire any very profound Sources (A.O.R. 1975-76) : Democrats for time bilking American wheat farmers confidence. Despite the very hopeful signs Harlan, adopted request by Murray T. John­ out of millions of dollars. Dealing in of record-breaking grain production this son, c/o Democrats for Harlan, 236 Argyle secrecy and utilizing the "sweetheart" year, a prudent secretary would set a rather Avenue, San Antonio, Texa-s 72809, By its contacts between USDA officials and conservative limit on export sales this early Request Dated: 5-22-75. the major grain corporations, "The in the season. But that ls not Mr. Butz' style. Representative David Emery Committee, Great Grain Robbery", was a disgraceful If he ls wrong, grain prices Will go up sub­ c/o Robert N. Pyle, 425 Cannon House Office stantially. As the pa.st several years have Building, Washington, D.C. 20515, By its performance on the part of a Govern­ ment agency that is supposed to protect shown, the direct effects on the consumer are Request Dated: 5-14--75. not the important ones. Even a heavy in­ Ha.rt for Senate Committee, c/o Harold A. and serve American citizens. crease in the price of wheat has only a mod­ Haddon, Esquire, Suite 1130 Capitol Life Mr. Speaker, American farm exports est effect on the cost of a loaf of bread, since Center, 16th at Grant Street, Denver, Colo­ are our most valuable economic weapon there is only a few cents' worth of wheat in a rado 80203, By its Request Dated: 4-23-75. in establishing a strong balance-of-pay­ loaf that sells for half a dollar. The larger Representative Richard Kelly, adopted re­ ments position. I applaud our industri­ impact ls the indirect one that turns up quest by Representative John J. Rhodes, c/o ous farmers, especially in the Midwest, eventually in the prices of meat, poultry, Honorable Richard Kelly, 1130 Longworth eggs and dairy products. Most of the grain House Office Building, Washington, D.C. who have produced when called upon. in raised in this country is !ed to animals. The 20515, By its Request Dated: 5-6-75. However, our massive trading grain rapid rise in the price of meat at the super­ Representative Richardson Preyer, c/o commodities must be done in an orderly markets, over the past several months, ls the Honorable Richardson Preyer, 403 Cannon and open manner within a vigorous free result of high grain prices last fall. That, in House Office Building, Washington, D.C. market. I have serious doubts about the turn, was related to the Agriculture Depart­ 20515, By its Request Dated: 2-10-75. present Secretary of Agriculture's ability ment's overestimates of the size of the har­ Republican Congressional Boosters Club, to accomplish this goal given his track vest a year ago. It is not a.s though we had c/o New Jersey Avenue, S. E., Suite 522, Wash­ record. In my judgment the Congress not been down this road before. The wild ington, D.C. 20003, By its Request Dated: swings in grain prices over the pa.st three 2-5-75. must devise a control mechanism to bet­ yea.rs have done serious damage to the Amer­ JoAnn Saunders, 2123 Alameda Drive, Or­ ter monitor these important market ican meat industry in particular. lando, Florida 32804, By her Request Dated: transactions, if Mr. Butz and his cohorts The question is not whether to encourage 2-3-75. continue to bungle. American exports of food. These exports James R. Soles, 215 Vassar Drive, Newark, At this time I would like to call my serve the national interest by helping the Delaware 19711, By his Request Dated: 4- colleagues' attention to this morning's balance of trade and the standard of living. 30-75. lead editorial in the Washington Post This country possesses the most productive THOMAS B. CURTIS, dealing with prospective foreign grain agricultural system in the world, and it has Chairman, for the Federal Election Com~ a. moral duty to keep shipping foodstuff's to mission. deals: less happily endowed nations overseas. Food THE NEXT RUSSIAN WHEAT DEAL costs here are necessarily and properly going Once again the Russians are apparently to be higher in the future than in the past, GIRLS NATION preparing to buy large quantities o! Ameri­ to sustain the unprecedented levels o! pro­ can grain. Once again the U.S. government duction that this country and the world now says lt has no precise information on the need. HON. RICHARDSON PREYER Russians' intentions. Once a.gain the Depart­ The trouble a.rises when large government ment of Agriculture seems to have become trading corporations-of which the Soviets' OF aware of the prospective sale mainly through is the biggest and richest-suddenly descend IN THE HOUSE OF REPRESENTATIVES accidental and indirect hints, in this case the upon our markets without warning to make Wednesday, July 16, 1975 reports from London of the Soviets' having purchases on a scale that shakes our whole chartered freighters to carry the grain. The agricultural economy. A more sensible sys­ Mr. PREYER. Mr. Speaker, as many whole episode ls a salutary reminder that tem would make sales of this sort conditional of my colleagues are aware, Girls Nation this country still has no reliable protection on the size of the crops--not at the middle of is meeting in Washington this week and against massive invasions· of its grain mar­ the growing sea.son, when the Russians seem many of them have been Yisited by rep- kets, which in turn disrupt meat production to like to buy, but after it has actually been and push food prices up !or the consumer. harvested. 1·esentatives of their State who are at­ Selling grain to "C'he Russians ls a per­ It ls still not clear how much the Russians tending this gathering. fectly reasonable and acceptable thing to intend to import this year, how much of it Girls Nation is a very fine program do-within limits. The llmlts are imposed by they intend to import from us, or precisely which recognizes and encourages leader­ the size of our crops and the size of the which commodities they want. The adminis­ ship among the young women of our other claims on them. If this country sells tration here remains firmly committed to country. _ too much, as it did in the famous Russian the open bin policy: Anyone can shovel as The delegates to this year's session wheat deal three years a.go, prices shoot up much as he likes out of that bin, paying a drastically. That injures not only domestic price that rises as the bin gets emptier. Un­ are clearly among the most outstanding buyers but our regular foreign customers, fortunately the bin gets refilled only once a 1n years because they have elected Alma the countries that depend upon us for food year. When _the Agriculture Department Washburn of Greensboro, N.C., as their shipments year in and year out. By letting makes a mistake in its calculations, that president. the Russians buy large amounts, at irregu­ mistake is not quickly or cheaply remedied. Alma 1s the daughter of Mr. and Mrs. lar a.nd unpredictable intervals, the Agri­ The department now seems to be teetering W. F. Washburn and her parents and all culture Department has introduced a new on the brink of another of those mistakes. July 16, 1975 EXTENSIO OF REMARKS 23215 DESEGREGATION AND INTEGRA­ And in the looal. merlcan Indian commu­ twice the percentage of minority enrollment TION IN MINNEAPOLIS nity, there are fears that dispersal of Indian in the district as a whole at the time of the students throughout the district is jeopard­ decision. izing positive cultural identity. Before the ruling, 19 schools had minority HON. DONALD M. FR SER Minneapolis, a city of 434,400, has a rela­ enrollments greater than that figure. tively small minority population: 4.4 % of 9 SCHOOLS ABOVE LIMIT OF MINNESOTA the people are black, 1.3 % American Indian The board, claiming i·t was working as IN THE HOUSE OF REPRESENTATIVES and seven-tenths of 1 % Asian and Latin, ac­ diligently as possible, nevertheless expected cording to the 1970 U.S. census. Wednesday, July 16, 1975 But similar to other urban areas of the nine schools to still be above the 35 % minor­ ity limit next fall. School officials said the Mr. FRASER. Mr. Speaker. sometime country, minority enrollment in Minneapolis primary reasons were delays in school con­ this week the House is scheduled to con­ public schools is disproportionately high and struction and failure of magnet programs sider the conference report on the edu­ growing higher. to attract enough whites to racially mixed cation appropriations bill for fiscal year CAMPAIGN BEGAN IN '60:!t schools. 1976. Included in the bill is $241.7 million In 1963, there were 4,708 minority pupils, The desegr gation program was successful, comprising 6.6 % of the city's 71,530 students. however, in reducing the concentration of for the Emergency School Aid Act­ By last fa.II, minority enrollment had in­ minorities. '_: wo schools that previously had ESAA-a relatively small, but extremely creased to 10,722 or 19.1 %, while total enroll­ minority em·ollments of 88 % and 67 % , for important, program which provides funds ment decreased to 56,161. There were 7,040 instance, were cut to 47 % and 49%, re­ to assist school districts meet the special blacks. 2,676 Ame1ican Indians, 583 Latins spectively. expenses incident to either voluntary or and 423 Asians. Charles Quaintance. attorney for the court-mandated school desegregation. The campaign of local blacks to desegregate plaintiff's, criticized the school system for In Minneapolis, the Emergency School public schools began quietly 111 the 1960s, relying so heavily on the concept of magnet Aid Act has been instrumental in facili­ without the citywide boycotts and spot dem­ schools to desegrate. He said it was unlikely onstrations on construction sites that to attract enough whites and that progress tating the district's desegregation and in­ marked similar efforts in Milwaukee. under the program was too slow. tegration program. Serving almost 13,000 The School Board adopted a voluntary bus­ Quaintance asked Ltnson in April to require students, the program is comprised of two ing program in 1967 and established guide­ the board to comply more closely with the components: First, the instruction of lines for voluntary desegregation in 1970. original court order. remedial reading and mathematics to But it was not until the following year that LEVEL RAISED TO 4270 students attending high school need the first attempt at forced desegregation was In response, on May 7, Larson raised the elementary and junior high schools; and made on an experimental basis. 35% level to 42% with the provision that no second, the provision of desegregation Two elementary schools on the city's South single minority such as black could con­ aides to targeted schools so as to help Side-Ha.le School, mostly white, and Field stitute more than 35 % of a school's popula­ students adjust successfully to their new School, mostly black-were paired into a sin­ tion. gle attendance district. All students in kin­ Larson said he made the adjustment be­ environments. dergarten through third grade went to Hale, The desegregation of the Milmeapolis cause of the growth of the city's minority while those in fourth through sixth grades population since 1972, particularly the public schools has been free of many of attended Field. growth of the Indian community. the tensions and dislocations which have LITTLE RACIAL CONFLICT Raising the ceiling left only one school po­ accompanied the desegregation efforts of Despite frequent parent protests before tentially above the 42 % legal limit for next other school systems. This is in part at­ the program began, there was virtually no fall. And on May 27, the School Board adopted tributable to the impact of the ESAA racial conflict once it got underway. a proposal to add another school, 91 %_white, program. I would like to call my col­ The following year, the board adopted a to the desegregation plan. Judge Larson ap­ leagues attention to an article entitled, sweeping plan for forced desegregation in_ proved this plan a~d presumably the action 53 schools, following !l}any hearings through­ will brh1g the district into full compliance "Integration Comes Quietly to Minne­ out the city at which throngs of parents-­ by fall. apolis." The article, which recently ap­ most of them white--c1·iticized the proposal. Quaintance said he did not oppose rai ing peared in the Milwaukee Journal, de­ At the same time the board was deliberat­ the limit. He said h& was pleased with the scribes Minneapolis' 3-year desegregation ing the plan, Federal Judge Earl R. Larson qourt for enforcing desegregation effort and efforts. It provides an informative ap­ was hearing a class action suit brought by not allowing the schools to backslide. praisal of the district's successes and the local NAACP on behalf of three black AIMED AT BLACK SCHOOLS shortcomings. The article follows: children. The entire court effort has been aimed DISTRICT COURT RULING INTEGRATED COMES QurETL Y TO MINNEAPOLIS primarily 8/t desegregating schools that were MINNEAPOLIS, MINN.-In 1971, the Minne­ One month after the board adopted the predominantly black. It has done nothing apolis School Board began an experimental plan, Larson ruled that the board had main­ about many schools that are mostly white. Of program of forced desegregation in two of the tained segregated schools through its pupil 86 schools in the city, 28 have minority en­ city's 94 public schools. some parents shouted and staff assignment, school construction rollments of less than 10%, a fact that wor­ protests, others quietly packed up their fam­ and pupil transfer policies. He also said that ries Supt. John B. Davis. ilies and moved away. And two anti-integra­ housing patterns helped foster racial isola­ The superintendent and the board have tion candidates won easy victories in that tion in the city's schools. always contended that housing patterns af­ year's board elections. But Larson rejected the plaintiffs' request fected school segregation. One place where Now the schools are nearing completion of for city desegregation immediately. and in­ that is most evident is in northeast Minne­ the final phase of an expanded three year stead said he would supervise the board's apolis, a tight ethnic enclave of Poles and desegregation program under the supervision adopted plan which would phase in desegre­ Swedes across the Missic;sippi River from the of the Federal Cou1·t. gation over a three year period. main portion of the city. And Marilyn Borea, a 37 year old white The plan called for the redrawing of high Of more than 17,000 blacks living in the housewife who rode the crest of the anti-in­ school district boundaries beginning in the city in 1970, only 16 lived in the northeast; tegration wave to victory in 1971, is spending first year, and complete desegregation of 13 seven of the 28 schools with minimal minor­ more time urging an expanded girls' athletic junior high schools, including the busing ity enrollment a.re in that part of the city. program than answering phone calls from of 2,800 students, in the second year. Last INDIAN COMMUNITY parents hassled by desegregation. fall, elementary schools were added to the operation in the third and final phase. Now Although the Indian population, which "No one discusses the pros and cons of de­ is also located in two different sect-0rs of the segregation anymore. It's a moot issue," she 11,000 children on buses and 4,000 others city, was included in the court order, it has said recently. "By and large, it's working." attend schools outside their immediate not greeted the desegregation program with Besides, Mrs. Borea added, "the court ruling neighborhoods. allout enthusiasm. has said that this is the way it's going to be." The board included pairing and clustering The activist American Indian Movement SOME PROGRESS schools into larger attendance areas in the (AIM) has its national headquarters here, But W. Harry Davis, the 52 year old black same fashion pioneered in the Field-Hale and its organizing has sparked a general cul­ chairman of the board, is cautious. "There experiment o-f 1971. tural a.wakening among Indians. has been progress," he acknowledged. "But This approach was feasible in part because Some Indians have requested transfers to there hasn't been enough for us t o sit back the city's black population is cenrtered in two schools where they are collectively in greater on our laurels." separate areas, a highly concentrated one on numbers. And a,t one point last year, there Parents and school officials are waiting to the near North Side and a more dispersed were some confrontations, but no violence, see how and if academic achievement will one throughout South Side areas. between blacks and Indians at one high change. They're also pondering the fate of The linchpin of Larson's original decision school. one-third of the system's schools that are was that by the end of the current school MINORITY STAFFING still nearly all-white and unaffected by the year. there be no school in the city where Larson's order also affected minority staff­ court ruling. minority enrollment exceeded 35 %, roughly ing, which had previously been concentrated 23216 EXTENSIONS OF REMARKS July 16, 1915 in schools with the highest minority enroll­ the text of a column from the Washing­ always had the protection of the state ments. ton Post of June 27, 1975, entitled "Por­ apparatus." Now every elementary school has at least "You really love these soldiers," Fallaci one black teacher. and the minority staff tugal's Communist Future." This col­ went on. ratio in each secondary school is at least 6%. umn contains portions of an interview "Yes. I really love them because they are Several studies of student achievement of the Portuguese Communist Party necessary to me." have been made during the three years of head, Alvaro Cunhal, which appeared in "And if the military were to discover they the Field-Hale program. Officials say they the Milan Weekly-Europe. The full text do not love you as much as you love them, show that black achievement has been im­ of the column follows: Cunhal? If they were to turn Portugal into a proved and white achievement has not been PORTUGAL'S COMMUNIST F'UTURJ: Peru?" she asked. harmed. "I deny that there is a political force in 2 STUDIES CRITICAL (By Stephen S. Rosenfeld) Portugal which can survive without the The bulk of the citywide program started Nothing yet published imparts such a Communist Party.'' last fall, and !ew evaluations have been made keen-and profoundly dispiriting-sense of "Is it or ls it not true that you approved since then. However, two conceptual studies where Portugal is headed as a recent inter­ the Soviet intervention in Czechoslovakia?'' of the desegregation plan released in OCtober view with the head of the Portugese Com­ Falla.cl concluded. were sharply critical. munist Party, Alvaro Cunha.I, conducted by "It is absolutely true that I approved and One report, undertaken by a school ad­ Italian Journalist Oriana Fa.llaci in the supported Soviet intervention in Czechoslo­ ministration task force, concluded that both Milan weekly, Europe. vakia., the so-called tanks in Prague. And it is the voluntary and mandatory busing plans CUnhal, slicing through the thick fog not shameful to admit it. At the most, and a.-r. were perpetuating values of white superior­ generated over Portugal by confusing re­ times, it is inopportune. But this was my ity. portage, liberal Wishful thinking and con­ choice, our choice, and we were right.... " The second report, compiled by the servative alarms, makes it absolutely plain "''And another point, too, I repea.t a.nd con­ based firm o! Tillman Associates, said the that his country ls headed for a tight mili­ clude: Portugal Will not be a country with board's program was more concerned with tary dictatorship steered by the Communist democratic freedoms and monopolles, it will meeting constitutional requirements of the Party. not be a fellow traveler of your bourgeois court order than eradicating the root causes The only thing that could stop him, his democracies, because we will not allow it. of racism in the schools. dntervlewer suggests, ls that the Soviet Perhaps we will a.gain have a fascist Portugal. Union might dump him "because you are That is a risk which must be run, even too arrogant. Too Stalinist. Because you though I do not believe It. because I do not have the Socia.lists' newspapers closed down believe in a fascist coup. We Communists and are organizing a load of trouble for can prevent it thanks to our alliance with THE COMMUNIST PLANS FOR Communists in [West European] countries. the military. But we wlll certainly not have PORTUGAL Because you will end up by breaking the a social democratic PortugaL Never. Make eggs in the Soviet Union's basket and dam­ that quite clear, won't you?" aging the agreement between Kissinger and HON. JOHN M. ASHBROOK Brezhnev on Portugal." OF OHIO "The agreement?" Washington a.pparently has told Moscow that there a.re limits to MODEL FEDERAL EEO PROCEDURAL IN THE HOUSE OF REPRESENTATIVES how far the Russians can go in helping RULES Wednesday, July 16, 19'/5 Cunha.I destroy the prospects of democracy in Portugal and sever Lisbon's NATO­ Mr. ASHBROOK. Mr. Speaker, to say Western ties, without a spillover onto Soviet­ HON. AUGUSTUS F. HAWKINS the NATO alliance is being eroded is Ameriacn relations. Just what the indicated OF CALIFORNIA clearly an understatement. The problems limits a.re ls uncertain. IN THE HOUSE OF REPRESENTATIVES 1n the Medite1Tanean are obvious. Just Whether Cunha! accepts any such Soviet as obvious is the serious situation 1n lea.sh has to be questioned, however, in light Wednesday, July 16, 19'15 Portugal. of the remarkably raw assertions in this Mr. HAWKINS. Mr. Speaker, I wish interview. Indeed, it ls hard to read his to There seems to be little understanding words without feeling tha.,t Henry Kissinger, include in the RECORD the attached in this country of what the Communists whose forebodings about Portugal have summary and section-by-section analy­ are attempting to do. Supposedly, Secre­ been criticized (in this corner, too) as gra­ sis of model procedural EEO regulations tary of State Kissinger has told Moscow tuitously dark, is all too squarely on the which were proposed to the Civil Service that there are limits on how far the So­ mark. Commission on July 10 as well as the viets can help the Portuguese Communist "We Portugese Communists need the announcement of these proposals which Party in destroying any remnants of de­ military.'' he says. "A popular front with the was made in a press release issued on mocracy in Portugal without there being Socia.lists •.. is o! no use to us. We have July 15: already signed such a pact with the Armed , reaction in Soviet-American relations. Forces Movement [the officers who ousted HAWKINS PUSHES CSC EQUAL EMPLOYME11i"T · Even if this is the case, however, there the old dictatorship on April 25, 1975, and OVERHAUL seems to be once again the prospect of who run the country now]. A popular front Congressman Augustus F. Hawkins (D.­ the Communists seriously outmaneuver­ is not possible here without the military. Cal.). Chairman of the SUbcommlttee on ing this country. The Portuguese Com­ The Socialists' mistake was . . . to isolate Equal Opportunities, last Thursday. July 10, munist leader Cunhal has made clear his themselves from the mmta.ry despite all the 1975, formally took the unusual step of pro­ plans for the future of Portugal. He has votes they received. posing model federal equal employment op­ "We Communists do not accept the game portunity procedural regulations to the U.S. stated: of elections," states the man whose party Civil Service Commission. For me, democracy means getting rid of took only 12 per cent of the vote in elections Representative Hawkins, in a letter dated capitalism. the monopolies. In Portugal there to a constituent assembly last April. "No, no, July 10, called upon the Chairman of the is now no posslblllty of a democracy like no! I could not care less. If you think that Civil Service Commission. Mr. Robert Hamp­ the one you have in West Europe.•.• the Socialist Party with its 40 per cent and ton, to submit a detailed response to the With the present situation in Portugal the Popular Democratic Party with its 27 per model regulations. cent constitute a majority, you are mis­ "At present", the Congressman stated, "the it seems to be once again an example of taken!" Civil Service Commission, in violation of the two-level diplomacy. On one level-the Asked Fallaci: "Did you really say that law, refuses to handle class action com­ public one-there are the assurances that there will be no parliament in Portugal?" plaints of discrimination. By responding only Portugal will be able to be developed in Answered Cunha!: "I promise you that to individual cases, the Commission is ef­ a free way. On the second level-the hid­ there will be no parliament in Portugal . • • fectively denying the rights of large num­ den level-there is the bankrolling of the For me, democracy means getting rid of capi­ bers of federal employees and has contrib­ Portuguese Communist Party and en­ talism, the monopolies. In Portugal there ls uted to the bottleneck of complaints cur­ couragement of their dictatorial now no possibility of a democracy like the rently before the Commission and has great­ one you have in West Europe .•• ly aggravated the costs of equal employment methods. "There are two options here: either a. opportunity enforcement, in terms o! both Unfortunately, American diplomacy monopoly with a strong reactionary govern­ the increased level of ma.n-hours spent on seems incapable of taking into account ment or the end of monopoly with a strong individual cases and the loss 1n effective the two-level practice. The result con­ Communist democracy. In Portugal, capi­ labor power and increase in potential back­ tinues to be the retreat of free societies talism has had a very unique development, pay llablllty." in the face of a more determined and based on backward industry, prlmitive agri­ In addition to the provision for class ac­ more organized Communist foe. culture and poverty which has never been tion complaints, the model regulations in­ At this point I include in the RECORD alleviated by technology. It has. moreover, clude measures that would give federal em- July 16, 1975 EXT:iNSIONS OF REMARKS 23217'1 I ployees the same rights to discovery that cedures applicable to administrative pro­ conciliating any charge of discrimination. exist in court, limit complaint dismissals ceedings shall be at least as generous as those but had little ability to do so. The Counselor based on technicalities, alter the Commis­ 1n Title VII actions by federal employees. usually works under the supervisors who are sion's restrictive standard to prove discriini­ This principle is incorporated in many of the the defendants charged with discrimination, nation, and establish the right to have an specific changes and is stated expressly to and thus lacks the independence and bar­ attorney to help with the processing of their cover problems not presently foreseeable. gaining power enjoyed by E.E.O.C. when it complaints. Subdivision (c) is intended to end the prac­ engages in conciliation. Counselors wit h the "In my judgment", the Congressman tice of dismissing substantial complaints on best of intentions are unable to persuade the stated, "we should be doing everything that technicalities. Every agency has an absolute defendants to end discrimination, and other we possibly can to encourage, and not hinder duty to investigate and remedy every in­ Counselors try to win favor with their supe­ federal employees' access to effective justice stance of discrimination, and that respon­ riors by pressuring employees not to file guaranteed by Title VII of the Equal Em­ sibility is not removed merely because the complaints. ployment Opportunity Act of 1972-an access injured employee files a defective complaint Subdivision (d) gives Counselors the au­ presently more real in the private sector. or does not file one at all. In the past, agen­ thority they need to bring about settlements. These proposed regulations are in marked cies have generally refused to take action to When a Counselor recommends that the contra.st to the obstacle-course rules pres­ deal with well-known discrimination unless agency offer a settlement, that suggestion be­ ently being utilized by the Civil Service there ls a well-pleaded complaint. See Penn comes the agency's offer unless promptly dis­ Commission.•• v. Schlesinger, 497 F.2d 970, 975 (5th Cir. approved in writing with an explanation. Chairman Hawkins' Subcommittee on 1974). This subdivision also ends the prac­ Subdivision (a) requires that offers be in Equal Opportunities is presently holding tice, common in the past, of rejecting a com­ writing and remain in effect for 30 days to extensive hearings on discrimination in em­ plaint because the employee invoked the a.void pressuring employees on a "take it or ployment. Representative Hawkins has wrong administrative procedure and then re­ leave it" basis and to provide a written rec­ specifically invited Mr. Hampton to appear fusing to process the complaint under the ord of what is being agreed upon. again in the near future before the Sub­ correct procedure on the ground it is too Section 713.214.-In the past the defendant committee to deliver his re ponse to the pro­ late. agency generally directed a government law­ posed model regulations. Where a federal employee was subjected to yer to represent it in all proceedings, but a series of discriminatory acts, the general SUMMARY most aggrieved employees did not have the practice has been to require him to file a assistance of counsel. This one-sided situa­ The proposed regulations are intended to series of complaints and to refuse to con­ tion was clearly unfair and tended to hind:er bring the rules for handling administrative sider the overall pattern. Subdivision (d) rather than help the effect to identify and complaints of discrimination into conformity reverses this procedure and allows the em­ remedy discrimination. Although the old with Title VII, and t.o render the procedures ployee to consolidate his grievances in a regulations permitted a government attorney more fair and equitable. Virtually every sec­ single proceeding. to represent an employee, the employee was tion in the existing regulations is materially Subdivision (d) (1) mandates that all com­ limited to attorneys who worked for the de· altered. The new regulations would give fed­ plaints be treated as class action complaints. fendant agency, and thus had an impermis­ eral employees in the administrative process This is the long standing practice of E.E.O.C. sible conflict of interest. Employees found it rights similar to those of private employees in processing charges. No allegations of class difficult to obtain the assistance of private in court. discrimination are required. In addition, the counsel since the regulations made no pro­ The most important changes are as fol­ processing of every compla.int must cover all vision for counsel fees in the event a case was lows: forms of discrimination which are "like or won. Class Actions.-The old regulations pro­ related" to that alleged. Thus all types of Subdivision (c) provides that every em­ hibited class actions by federal employees. racial discrimination would be considered in ployee will be given a list of competent gov­ An employee could not include a. complaint connection with a complaint alleging denial ernment employees willing to handle these of class discrimination with his individual or promotion on account of race. If addi­ types of proceedings, and gives each employee complaint. If the employee filed a third tional similar or related problems of dis­ the right t.o choose an attorney from that list. party complaint, it was either rejected be­ crimination are discovered or alleged, they Subdivision (e) requires an award of coun­ cause related to his own complaint or in­ too must be considered. sel fees to any successful employee who ls adequately processed. Under section 713.211 Subdivision ( e) assures that employees represented by a private attorney. (d) (1) every complaint of discrimination pursuing an administrative complaint will be Section 713.215.-This section drastically will have to be treated as a class action. fully advised of all of their rights. limits the power of an agency to refuse to Dismissal for Technicalities.-Under the Subdivision (f) requires all federal agen­ process a complaint because of a technicality. old regulations thousands of complaints were cies, including the Civil Service Commission Previously the regulations Tequired that the rejected for trivial technical reasons; such itself, to take special care that equal employ­ complaint procedure be invoked within 30 as minor delays or failure to bring the same ment opportunity is reflected in the person­ days, although a private employee 1s given problem t.o an E.E.O. Counselor. Sections nel chosen to administer these regulations. 180 days. Subdivision (b) (1) adopts the 180 718.211, 713.212, 713.215 and 713.233 drastic­ Section 713.212.-Subdivislon (a) (4) gives day rule, subject to (b) (2) which requires ally limit the power of an agency to dismiss a third party, such as the N.A.A.C.P. or the even older complaints to be processed unless a complaint and extends the relevant dead­ National Organization for Women, the same !aches a.re present. Subdivision (b) also rec­ lines that employees must meet. procedural rights in processing a complaint ognizes the "continuing violation" rule, Discovery.-In private lawsuits employees as are available to an employee. Under the which is applied by courts under Title VII la.re usually able to obtain the relevant old regulations such third parties had vir­ but which the Civil Service Commission has evidence and prove their case only through tually no rights, and could do little more refused to recognize. discovery, including interrogatories and than write the Civil Service Commission a Section 713.216.-Subdivision (a) requires depositions. Federal employees lack these letter. This provision is important in agen­ rights under the present system. cies where, for fear of retaliation, the actual that an employee's complaint cannot be in­ Section 713.216 (c) would give federal em­ employees are unwilling to file a complaint. vestigated by a federal employee who works The old regulations were structured so as for the defendant agency. In the past the in­ ployees the same rights to discovery that vestigators were generally employed by the exist in court. Section 713,216 ( e) also re­ to require "counseling" before a complaint quires the investigator to collect essential could be filed. This was not only unlawful defendant and thus had an impermissible statistical evidence in each case. Section but served to deter the filing of complaints. conflict of interest and were subject to im­ 713.214 gives every federal employee the right Frequently the counselors were under great proper pressures. This provision also ends the to an attorney to help with the processing pressure to persuade employees not to file practice of deliberately sending men to in­ of his complaint. complaints. The earlier practice also incor­ vestigate female complaints of sex discrimi­ "But For" Rule.-Sectlons 713.217(b) and porated formalistic requirements as t.o what nation, whites to investigate minority com­ 713.271 abolish the so-called "but for" rule. constituted a complaint, and permitted an plaints, etc. The present regulations require that an em­ agency to refuse to accept a complaint or Subdivision (c) reforms the investigation ployee prove, not only that there was a gen­ to spend months deciding that question. process in several ways. In the past the in­ eral policy of discrimination, but that when That practice, plus the delays involved in vestigator allowed defendant witnesses to the agency took the action complained of it counseling, impermissibly extended the 180 protect themselves by giving a. prepared writ­ days which was supposed to be the maximum ten statement, rather than conducting an ag­ was motivated by prejudice. The Supreme gressive and recorded interview. This man­ Court has rejected this rule, on the g1·ound time for processing a complaint. Subdivision (b) eliminates all of these problems, and dates the latter procedure. that it places an unfair burden on the em­ In addition an employee will be entitled ployee, and requires instead that the defend­ makes any written or oral complaint a com­ plaint adequate for this subpart and to begin to the same forms of discovery which are ant prove the action complained of was not the 180 day waiting period until suit can be available in a United States District Court a result of the policy of discrimination. The filed. and are essential to learning the facts. new regulation follow the Supreme Court's Subdivi ion (c) makes clear that process­ Subdivision (e) requi1·es that in each case decision. ing of any complaint must begin at once the investigator assemble relevant statistics. without delays to decide whether to a<:cept In private Title VII cases this is almost SECTION B Y SECT:ION ANALYSIS the complaint. always done and is the best way to deter­ Section 713.211.-Subdivision (b) provides Section 713.213.-Under the old regulations mine if discrimination is present, but it is 1n general terms that the rights and pro- the E.E.O. Counselors were responsible for virtually unknown under the present regu- 23218 EXTENSIONS-OF REMARKS July 16, 1975 lations. SMSA or regional statistics are re­ ance procedure.;;, the employee was forced separately from the complaint of discrimina­ quired to give a general picture of agency to make an "election of remedies" and give tion to which they are related. Subsection performance. The smaller unit surveyed up his rights under all but one procedure. (1) provides that such questions may be must be "appropriate"; the investigator Often the employee was not told what rights consolidated with the original complaint. cannot limit that inquiry to a subunit of would be lost by a particular decision. This Section 713.271.-The "but for" rule, dis­ 3 or 4 people, as has occurred in the past. section abolishes that p1·actice, and assures cussed supra, is eliminated from this sec­ Frequently a denial of promotion or other the employee will retain all rights under all tion. Also deleted is the 2 years limitation action is justified on the ground of a low applicable procedures. for back pay: the federal government's obli­ performance or other rating; in such a cas~ Section 713.220.-Undcr the existing pro­ gation to make whole victims of its own mis­ data showing whether the minority involved cedures t here is no provii::ion for interim conduct should not be limited in this way. is systematically given low ratings. relief when prompt action is needed pending Subsection (b ) , consistent with the elimina­ Subdivision (f) guarantees the investiga­ the normal processing. Federal courts, of tion of the "but for" rule, requires remedies tor a certain measure of independence by course, provide such relief in the form of whenever there was a policy of discrimina­ providing that his recommendations for cor­ preliminary injunctions. Int erim relief is es­ tion and t he agency fails to prove it did not rective or remedial action are binding un­ pecially impo-rtant to st op harassment or re­ affect the agency action complained of. less rejected within 15 days in writing. prisals during or in connection with a pend­ Section 713.282.-Title VII gives an em­ Section 713.217.-This section is intended ing complaint. Moreover, in the absenca of a ployee a right to sue if final agency action to assure that federal agencies do not re­ provision for interim il.dminist.rative relief is not taken within 180 days. The agencies quire more proof of discrimination than is it is difficult for an employee to seek interim now notify employees of this right when they necessary in a private Title VII action. Sub­ court relief under sect.ion 717 of Title VII for file complaints, but not after 180 days when section (a) invokes the independent ex­ at least 180 days. Subsaction (d) remedies t hey need the information. This section pertise of the E.E.O.C. t o prepare writt en t his problem by providing for interim relief requires a notice after 180 days and at suc­ materials regarding relevant Title VII law. and requirin g that requests therefore be ceeding intervals thereafter. Subdivision (b) abolishes the "but for" prompt ly decided. If interim relief were rule. This requirement in the old reguia­ not granted an employee could immediately tions required an employee to show, not seek such relief from a court under Title VII. only that there was a general pract ice of Section 713.221.-Under ihe present sys­ OPPOSITION TO PLAN TO INCREASE discrimination against his group, but that t em the head of an agency is completely free PROPANE PRICES his supervisors were motivated by that dis­ to accept or reject the hearing examiner's crimination in treating him. The "but for" recommendation. This is inappropriate for rule is clearly unlawful under McDonnell­ four reasons. First, since the agency 1s also HON. JOHN M. ASHBROOK Douglas Corp. v. Green, 411 U.S. 792 (1973). the defendant, it puts the agency head in the OF omo It is usually impossible for an employee t o position of judging his own case, a situation prove such motivation; this subdivision con­ entirely inconsistent with the principles of IN THE HOUSE OF REPRESENTATIVES forms to McDonnell-Douglas by placing the Anglo-American jurisprudence. Wednesday, July 16, 1975 burden of proof squarely on the agency once Second, because of this bias, agency heads pattern is shown. In addition, the regula­ rarely overturn a recommendation against Mr. ASHBROOK. Mr. Speaker, pro­ tion makes clear that the primary respon­ an employee but far more commonly over­ pane plays a very important role in sibility for developing the facts is on the turn recommendations which go against the meeting the energy needs of people liv­ agency, and whenever the agency has failed agency. (c) The first two problems have a ing in the 17th Congressional District to produce enough facts on which to decide great deterrent effect on the hearing ex­ of Ohio. Therefore, I am very concerned an issue that issue must be decided in favor aminers, who naturally see little point in of the employee. writing a decision which they know the de­ about a Federal Energy Office proposal Section 713.218: fendant agency can and probably will re­ that would lead to another increase in Subsection (a) is designed to assure that ject. (d) Insofar as questions of fact are propane prices. hearing examiners are knowledgable as to concerned, the head of the agency clearly The proposed FEA regulation would Title VII law and procedures by providing knows far less than the examiner who con­ allow propane producers to retroactively ducted the hearing and saw the witnesses that at least half the examiners in each te~tifying. recompute their selling price. The in­ region must be connected with E.E.O.C. or Subsection (b) (2) curbs the potential for creased costs would be ultimately passed the Civil Rights Commission or have been on to the consumer. certified by a local district court. Discrimi­ abuse in the present system by providing nation in the selection of examiners is pre­ that, when the hearing examiner makes Propane costs already are too high. cluded by a requirement that examiners be finding of fact favorable to the complainant, Many persons are finding it difficult to assigned at random. those findings are binding on the agency. pay the high costs. This is not the time Questions of law, of course, are subject to for the FEA to authorize another price Subsection (b) ends the common practice such review. of remanding a case for a new investigation Section 713.-Under subdivision (b) an ap­ increase. whenever more information is needed. This peal related to a pending appeal is consoli­ I have written to FEA Administrator procedure unfairly delays the holding of a dated with it or heard separately, rather than Frank Zarb urging him to reconsider this hearing. In the past hearings have been being dismissed. ill-timed and ill-conceived proposal. Fol­ called without adequate notice or time for Section 713.233.-Subdivision (a) extends lowing is the text of my letter. preparation; that is now forbidden. Employ­ the time limit for an appeal from 15 to 45 ees other than the complainant who might HOUSE OF REPRESENTATIVES, days. More time is necessary at this critical Washington, D.C., July 15, 1975. be adversely affected by a decision, such as a juncture so that an employee can consult supervisor charged with misconduct or a Hon. FRANK ZARB, with an attorney and decide whether to sue Administrator, Federal Energy Administra­ fellow employee whose promotion is chal­ or appeal. Forty-five days are appropriate lenged, are entitled to participate. tion, Washington, D.C. so that, if an employee is unable to sue with­ DEAR MR. ZARB: Many of my constituents Subsection (c) (1) (ii) gives the complain­ in 30 days, there ls still time for an appeal. ing employee a right to a public hearing. in the 17th District of Ohio depend on pro­ Subsection (b) requires an extension of pane as an energy source. Consequently I am Subsection (c) (2) gives the complainant the deadline where the employee did not the right to call witnes.=,es; in the past the very disturbed by a recent FEA ruling and know of or was unable to meet the time proposed class exemption on propane. hearing examiner had unfettered discretion limit, and gives the Board discretion to ex­ as to whom he would call to testify. The ruling and exemption apparently tend that period whenever the interest of would allow producers of propane to retro­ Subsection (e) makes it clear that the justice requires or so doing will advance hearing examiner may and shall direct the actively recompute their selling price. Firms the goal of eliminating discrimination. could bank the difference between what they appearance of necessary witnesses. In the Section 713.234.-Although under the pres­ past he could only request them, and the actually sold the product for in the past, ent regulations an employee is entitled to and what they would have been permitted t o defendant agency could deny the request. file a brief or other written statement with Subsection (g) requires that the hearing sell it for on January 1, 1975. Th~ increased the Board, he is not told of that right or when costs would be ultimately passed on to the examiner divide his recommendation into it must be exercised. In some cases employees findings of facts, conclusions of law, and consumer. have failed to exercise this right because they I join with Congressman Gen. Taylor and a recommended remedy. This division is used did not know about it or because they waited in all United States District Courts and helps in vain for a briefing schedule. This section number of my colleagues in urging the FEA to reconsider its position on this matter. Be­ to clarify the issues involved. Under the pres­ requires the sending of an appropriate no­ ent regulation these recommendations are tice. fore taking any further action the FEA kept secret until the head of the agency has The present regulations place no time limit should conduct a. comprehensive study on ruled on them; under this subsection they on the Board's handling of an appeal; the the inflationary impact to consumers that must be disclosed at once to the complain­ new regulations require a decision within would result from the proposal. This study ant. 180 days. should be published in the Federal Register Section 713.219.-In t he past, where a com­ Section 713.262.-The present regulations and thoroughly evaluated before the exemp­ plaint was subject to several different griev- require that questions of reprisal be treated tion is allowed to go into effect. July ·16, ·1915 EXTE sidNS OF REMARKS. 23219 '

I will be looking forward to a. reply at yo~ REMARKS OF ALEXANDR, And today. unfortunately, they cannot earliest possible convenience. SOLZHENITSYN hea.r and take courage from our applause. Sincerely, They can't be here because they are in their JOHN M. Asmm.o<>K, solitary cells where they may either die or sit Representative to Oongreas, 30 yea.rs like Raoul Wallenberg, the Swedish 17th Dtstrict. HON. PHILIP M. CRANE diplomat who was seized in 1945 in the So­ OF ILLINOIS viet Union. He has been in prison for 30 years, and they will not yield him up. IN THE HOUSE OF REPRESENTATIVES And you have some hysterical public fig­ Wednesday. July 16, 1975 ures who have said: "I will go to Northern TO REVISE PUBLIC LAND MINERAL Vietnam. I will get on my knees and beg DEVELOPMENTS Mr CRANE. Mr. Speaker, yesterday them to release our prisoners of war." This I felt honored to have the opPortunity isn't a political act. This is masochism. to meet and listen to the remarks of Do you understand properly what detente Alexandr Solzhenitsyn. As one single in­ has meant all these 40 yea.rs? Friendship, HON. PHILIP E. RUPPE dividual who was willing to stand up to stablliza.tion of the situation, trade, et OF MICHIGAN the monolithic totalitarianism of Com­ cetera-I have to tell you something which IN THE HOUSE OF REPRESENTATIVES munist rule in Russia and who not only you've never seen or heard-how it looks from the other side. Let me tell you now: Wednesday, July 16, 1975 survived but flourished, Mr. Solzhe­ A mere acquaintance with an American­ nitsyn ls a testament to the will of all Mr. RUPPE. Mr. Speaker, the Subcom­ and God forbid that you should sit with him men everywhere who believe in freedom in a restaurant--means a 10-yea.r term for mittee on Mines and Mining of the House and liberty. espionage. In the fourth volume of the Interlor Committee, of which I am rank­ In a recent address before a meeting "Archipelago," I will tell of an event. One ing minorlty member, begins this week a of the AFL-CIO in Washington, a por­ Soviet citizen was in the United States, and serles of hearings to review the present tion of which I inserted in yesterday's when he came back he told people tha.t in legal system under which minerals on RECORD he said that he believes Amer­ the United States they have wonderful auto­ our Federal public lands are discovered, icans a~e deceiving themselves in think­ mobiles, roa.ds. The State Security arrested developed and, ultimately, brought into him a.nd they demanded a term of 10 yea.rs. ing that true detente lies in "smiles and But the judge said: "I don't object, but production. verbal concessions." there's not enough e-vidence. Couldn't you Among the acts to be appraised are At this time I would like to insert the :find something else against him?" So the the Mineral Leasing Act of 1920, as remaining portions of his remarks: judge was exiled because he quarreled with amended, which applies to such minerals REMARKS OF .Al.EXANDR SOLZBENITSYN the State Security. a.nd they gave the other as oil, gas, oil shale, phosphate, potas­ we cannot ignore the fact tha.t North man 10 yea.rs. Can you imagine what this sium sodium and native asphalt, the Vietnam and Khmer Rouge have vlola.ted means? He said there were good roads in Ma~rials Act of 1947 which provides for the [Indo-China) agreement, but we are America. He got 10 yea.rs for tha.t. In 1946, 1946, 1947, through our prison the sale of specific common materials willing to look into the future. Wh&t does such sand, stone, gravel, pumice, pu­ that mean? Does it mean let them extermi­ cells, we saw pass a lot of persons and these as were not ones who were cooperating w1 th mlcite, cinders, and clay; and the Mining nate people, but 1f these murderers-those Hitler-there were some of those, too-they Law of 1872 which permits individuals to who live by violence--these executioners were not guilty of anything, but ra.ther they be search for, discover and acquire title to authorize detente, we will happy to par­ were people who had just spent some time tipica.te in it? in the West and had been liberated from the so-called hard rock minerals, such as They [in the U.S. leadership] looked into copper, lead, zinc, silver, gold and ura­ German prisons by the Americans. This was the future this way in '33 a.nd in '41, but it considered a criminal act--to be llbera.ted by nium lying within the public domain. was a nearsighted look into the future. Two Th~ distinguished chairwoman of our the Americans. That means he had seen the years a.go they looked into the future when good life on the other side. And the most Mrs. MINK, subcommittee, has introduced a senseless, nonguaranteed, pointless truce terrible thing to the Communists ls not what legislation which would, in essence, re­ in Vietnam was arranged, and it was a near­ he did, but what he would tell about. All of peal all of these laws and substitute .a sighted thing. There was such a hurry to these people got 10-year terms. completely revised system for public ha.ve this true that they have forgotten to During Nixon's last visit to Moscow, your land mineral development. collect your own Americans back. They were American correspondents were reporting in such a hurry to sign this document that about the Western way of life and reporting The Department of Interior ls expected some 1,300 Americans-well, they have to send to the Congress in the very near in the streets of Moscow. for example. 1n the vanished. following way: "I am going down a Russian future legislation which would revise the How is that done? How can this be? It ts street With a microphone and asking the Mining Law of 1872. possible in war for some of those Americans ordinary Soviet citizen, 'What do you think The hard rock nunmg industry, to be missing in action. But the leaders of about the meeting between Nixon and Brezh­ through its national trade association, Northern Vietnam have admitted tha,t a part nev?' •• And ama.zingly everybody said: the American Mining Congress, has of them 1s still being kept in prison. Do they "Wonderful. I'm delighted, I'm absolutely drafted legislation to correct many of the give you back your compatriots? No. They overjoyed by this fact." are not giving them back, and they a.re put­ What does this mea.n? How could we un­ outmoded provisions of the Mining Law, ting new conditions before you. At first they modernize many of im other provisions, derstand this? If I a.m. going down the street said, "Remove Thieu from power." Now they in Moscow and some American comes up to and, in general, simplify administration a.re saying, "Have the United States restore me with a. microphone, and I know that one of the current act. I am told that this Vietnam: otherwise, it's very difficult for us ya.rd a.way from him is a member of the bill was prepared by a panel of outstand­ to find a.11 these people.'" Sta.te Security also With a. microphone, who's ing experts in the field of mining law If the Government of North Vietnam. has recording everything I say, of course I'll and attempts to fallow the recommenda­ difficulty explaining to you what happened say-do you think I'm going to sa.y some­ tions made on this subject by the Public with your American POW's who have not thing that's going to put me in prison in a been returned, I, on the basis of my experi­ few minutes?-of course I say: "It's wonder­ Land Law Review Commission. ence in the ..archipelago," can tell you this I think that it is important tJ.1at the ful, I'm delighted, rm overjoyed... quite clearly: But what is the value of such correspond­ recommendations of the mining industry There is a law in the "archipelago" that ents if they simply transmit to you here in for changes in the mining law be before those who have been treated the most the West Without thinking twice about it? the Congress and it ls for that reason harshly, and who have withstood the most You helped us many yea.Ts with Lend-Lease, that I am introducing this bill today. I bravely-the moot honest, the most courage­ but the Communists have done everything am not prepared to endorse the proposal ous, the most unbending-they never aiga.in to make us forget this, to erase it from our come out into the world. They are never minds, not to remember it. at this time nor have I made any com­ a.gain shown to the world because the tales Before I came into this hall, I delayed my mitment to support it in the Interior they will tell will not flt into the human visit to Washington a little bit in order to Committee. Like many of my colleagues mind. take a look at some ordinary parts of Amer­ I embark upon these heartngs with an Some of your returned POW's have told ica.. go into various States and talk with open mind. Therefore. I regard it as es­ that they were tortured. This means that people. And I was told-and this I learned those who remain were tortured even more for the first time-that in every State during sential that the viewPOints of all those horrendously, but they have not given an the war years, there were Soviet friendship concerned with changes in our mineral inch. These a.re your best people. These a.re societies which were collecting assistance for development laws be before our subcom­ your first heroes, who in a. solitary combat Soviet people-wa.rin clothes, gifts--a.nd all mittee as it begins its important work. have stood the test. these things were sent to the Soviet Union. 23220 EXTENSIONS OF REMARKS July 16, 1975

But we not only never received them, we war, we must have detente, but a true take it. If you can attack, attack. But if never saw them. They were distributed among detent e. I would say that there are very there's a wall, then go back. the privileged persons. And furthermore, no definite characteristic marks of what a gen­ The Communist leaders respect only firm­ one there ever even told us that this was uine detente would be. ness, and have contempt and laugh at persons being done. I only learned a.bout it this There are only three. In the first place: who continually retreat. You are told-and month, here in the United States. that there be a disarmament-not only a dis­ this is the last quotation I'm going to give Everything poisonous which could be said armament from the use of war, but also from you from the statements of your leaders-­ about the United States was said in Stalin's the use of violence-not only arms, but also that power without any attempt at concilia­ days. And all of this creates a heavy senti­ violence; not only the sort of arms which are tion will lead to a world conflict. But I ment. It's a sentiment which can be stirred used to destroy your neighbors, but the sort would say that power with continual compli­ up any time-any time the newspapers can of arms which are used to destroy your fellow ance, continual retreat, is no power at all. come out with headlines: "Bloodthirsty countrymen. From our experience, I can tell you that American Imperialism Wants to Seize Con­ This is not a detente, if we here with you only firmness will make it possible to with­ trol of the World." And this poison will rise today can spend our tin1e in a friendly way, stand the assaults of Communist totalitarian­ up from the sentiment that has been created. while over there people are groaning and dy­ ism. We see many historic examples. Let me Many people in our country will believe this ing and in psychiatric insane asylums. The give you some of them. and will be poisoned by it and will consider doctors are going around and putting in­ Look at little Finland in 1939, which wlth you aggressors. This is wh at detente means in jections in people which destroy their brain its own forces withstood the attack. our country. cells. You, in 1948, defended and stood up for The Soviet system is so closed that it's And the second sign of true detente is the Berlin, and only because of your firmness almost impossible for you to understand it following: that it be not one based on smiles, of spirit there was no world conflict. here. And your theoreticians and scholars not on verbal concessions. It has to be based In Korea, in 1950, you stood up against the write works trying to explain how things on a firm foundation. You know the word Communists by your firmness and unyield­ occur there. There are some naive explana­ from the Bible, "Not on sand, but on rock." ingness. And there was no world conflict. tions which emerge from the United States There has to be a guarantee that this will In 1962, you compelled the rockets to be that are actually funny to Soviet citizens. not disappear overnight or be broken over­ removed from Cuba. Again, it was your stead­ Some say that the Soviet leaders have now night. And for this, we need that the other fastness and firmness of ch11.racter, and there given up their inhumane ideology. Not at all, party to the agreement have some control was no world conflict. not at all. They haven't given it up one step. over attacks, some control by public opinion, We dissidents in the U.S.S.R. don't have Some say that in the Kremlin there are some control by the press, control by a freely any tanks, we don't have any weapons, we some on the left and some on the right, and elected parliament . Until such controls exist, have no organization. We don't have any­ they are fighting with each other and we've there's absolutely no guarantee. thing. Our hands are empty; we have only a got to behave in such a way so as not to And the third simple condition: What heart and what we have lived through in affect the left side. They're all the same. sort of detente is it when they employ the the last half century under this system. There's some sort of a struggle for power, inhumane propaganda which is called, in the When we have found the firmness within but they all want the same thing. Soviet Union, "ideological war"? Let us not ourselves to stand up for our rights, we have Or the third possible explanation: that have that. If we're going to have detente, done so. It's only by our firmness of spirit thanks to the growth of technology, there's let's be friendly-and end ideological war­ that we have withstood, and I'm standing a technocracy in the Soviet Union which u, fare! here before you, not because of the kindness growing-there is a growing number of en­ The Soviet Union and the Communist or the good will of Communism, not thanks gineers and the engineers are now running countries can conduct negotiations. They to detente, but thanks t,o my own firmness the economy and will soon determine the fate know how to do this. For a long time they and your firm support. of the country rather than the party. I tell don't make any concessions, and then they The Communists knew that I would not you, though, that the engineers determine give a little bit. Then everyone says trium­ give up one inch not one hair, and when they the fate of the economy just as much a.sour phantly: "Look, they have made a concession. couldn't do more, they themselves fell back. genera.ls determine the fate of the Army. It's time to sign." This was taught to me by the difficulties of That means zero. Everything is done the way The European negotiators for 35 countries my own life. the party demands. That's their system. for two years now have painfully, painfully I don't want to mention a lot of names Judge for yourself. It's a system where for peen negotiating-their nerves are stretched because when we resolve a question with 40 years there haven't been genuine elections, to the breaking point. And the Communists two or three names, that means we forget but simply a farce. It's a system which has finally make concessions. A few women from the others and we have betrayed the others. no legislative bodies, legislative organs. It's the Communist countries can now marry We should rather just mention figures. There a system without an independent press, a foreigners. And a few newspapermen are now are tens of thousands of political prisoners, system without an independent judiciary, going to be permitted to travel in some places and by the calculation of English specialists, where the people have no influence on ex­ they couldn't travel before. They give one 7,000 persons are now in insane asylums ternal or internal policy-where any thought thousandth of what natural law should pro­ under compulsory confinement. which is different from what the State thinks vide, or natural right-matters which peo­ But let's t ake Vladimir Bukovsky as an ex­ is crushed. ple should be able to do even before such ample. He was told: "Go away. Leave. Go to And let me tell you that electronic bugging negotiations are undertaken. And here in the West and shut up." And this young is such a. simple thing; it's just a matter of the West we hear all sorts of peoples raising man-a youth on the verge of de11.th--said: everyday life. You had an instance in the their voices, saying: "Look. They are making "No, I won't go. I have written about the United States where a bugging caused an up­ concessions; we've got to sign." persons whom you have put in insane asy­ roar which lasted for years. Not in the Soviet During these two years of the negotiations, lums. You release them and then I'll go Union. Every factory, every apartment, every in all the countries of Eastern Europe, the West." This is what I mean by firmness of house has got its bug in it. It doesn't sur­ pressure has increased, the oppression has in­ spirit to stand up against tanks. prise us in the least. creased-even in Yugoslavia and Rumania, In evaluating everything I have said to It's a system where unmasked butchers of leaving aside the other countries. And it is you today-and I'm coming to my conclusion millions like Molotov, and others lesser than precisely now that the Austrian Chancellor is now-I could say we don't even have to have him, have never been tried in the courts, but saying: "We've got to sign this agreement as our conversation on the political level-why retire on tremendous pensions. It's a system rapidly as possible." What sort of an agree­ such and such a country acted in such and where these farces continue today-where ment would this be? such a way, how they-what they were every foreigner is surrounded by secret The proposed agreement is the funeral of counting on in acting in such a way. We agents. It's a system where the very con­ Eastern Europe. It would mean that Western should rather rise above this to the moral stitution has never been carried out for one Europe would finally, once and for all, sign level and say : "In 1933 and in 1941, your single day, where all the decisions are made off Eastern Europe, stating and it's perfectly leaders and the whole Western world in an somewhere high up by a small group in willlng to see Eastern Europe be crushed and unprincipled way made a deal with totalitar­ secret, and then released on the country like overwhelmed, but just don't bother us. And ianism. We will have to p11.y our cost for this a bolt of lightning. the Austrian Chancellor thinks that if he and for 30 years we've been paying for it, What is the signature of these persons pushed all of these countries into a common and we're still paying for it, and we're going worth? How could one rely on their signa­ grave, then Austria, at the very edge of this to pay for it in a worse way." tures to a document of detente? You your­ grave, will not fall into it, too. One cannot think only in the low level of selves might ask your specialists and they'll From our lives there we have concluded political calculations. It's necessary to think tell you that in recent years the Soviet Union this: that there is only one thing which can also of what is noble, what is honest and has succeeded in creating wonderful chemi­ be raised against violence, and that is firm­ what is honorable, not only what is useful. cal weapons, and missiles which are even bet­ ness. The adroit Western legal scholars have now t er than those which are used by the United You have to understand the nature of introduced the term "legal realism." By this States. Communism, the very ideology of Commu­ legal realism, they want to push aside any So what are we t o conclude from that? Is nism. All of Lenin's teachings are that Com­ moral evaluation of affairs. They say: "Rec­ detente needed or not? Not only is it needed, munism considers to be a fool anyone who ognize realities. You have to understand that it's needed like air. It's the only way of saving doesn't take what's given to him, what's 1f such and such laws have been established the earth; that is, instead of having a world lying in front of him. If you can take it, in such and such countries, then these laws, July 16, 1975 EXTENSIOi: OF REMARKS 28221 which provide for violence, have to be recog­ of concessions, if not stop it altogether, and teleyisto11 and was instrumental in promot­ nized and respected." make it possible for the process of liberation ing educational TV throughout Michigan. At the present time, this concept is widely to continue in the Communist countries, ul­ accepted among lawyers--that law is higher timately these two p1·ocesses will combine than morality; law is something which ts and yield us our future. worked out and developed, whereas morality Ou our small planet, there are no longer THE VICISSITUDES OF OPEC iS something inchoate and amorphous. That any internal affairs. The Communist leaders isu 't the case. The opposite is rather true­ say: "Don't interfere in our internal affairs. morality is higher than law. Let us strangle our own citizens in quiet and HON. MILLICENT FENWICK peace." Law is our human attempt somehow to OF NEW JERSEY instill in the laws a part of that moral sphere But I tell you: Interfere more and more, which is above us. We tr:v to understand this interfere as much as you can. We beg you to IN THE HOUSE OF REPRESENTATIVES morality, bring it down to earth and present come and interfere. Wednesday, July 16, 1975 it in the form of laws-sometimes we are more successful, sometimes less. Sometimes Mrs. FENWICK. Mr. Speaker, as we you actually have a caricature of morality, resume debate on H.R. 7014, the Energy but morality is always higher than law. And Conservation and Oil Policy Act, I would we cannot forget this ever. DETROIT FREEDOM FESTIVAL like to bring to my colleagues' attention In our heart and soul, we have to recog­ HONORS PAUL LUTZEIR a report on financial difficulties among nize that it's almost a joke now to talk in countries of the Organization of Petro­ the Western world in the twentieth century leum Exporting Countries. The report about words like "good" and "evil." These a.re HON. LUCIEN N. NEDZI almost old-fashioned concepts, but these are was issued by the Federal Reserve Bank very real and genuine concepts. These are OF MICHIGAN of Chicago in their July 11 International concepts from a sphere which is hlgher than IN THE HOUSE OF REPRESENTATIVES Letter. I think that with the information us. Wednesday, July 16, 1975 which is presented below, we should be And instead of getting involved in shol't­ prepared to question some of our assump­ sighted political calculations, we have to Mr. NEDZI. Mr. Speaker, earlier this tions about the strengths of OPEC and recognize that the concentl'ation of world month the cities of Detroit, Mich., and the impact that it is going to have over evil and the tremendous force of hatred is Windsor, Ontario, honored the late Paul the course of the next decade. there, and it's :flowing from there throughout Lutzeir, the father of the "International the world. And we have to stand up against it The article follows: and not trying to give to it, give to it, give to Freedom Festival." THE VICISSITUDES OF OPEC it everything which it ask fol'. Paul Lutzeir was known to many of An oil price reduction due to a reduced tax Today, there are two major processes oc­ us in the Michigan delegation, and he on oll was announced this week by Ecuador. curring in the world. One is the one which I was highly respected as a dedicated and It is estimated that the tax reduction will re­ have just described to you which has been imaginative public servant. His untimely sult in a price decrease of 3 to 4 percent for in progress more than 30 years. It is a process death while on vacation in Brazil was oil shipped to the Caribbean and to the Cen­ of shortsighted concessions, a process of giv­ a serious loss to Michigan and Ontario. tral and North American West Coast, the pri­ ing up, giving up and giving up in hope that Under leave to extend my remarks in mary mru:kets for Ecuadorian oil and the at some point the wolf will have eaten markets for which the reduced tax applies. enough. the RECORD an article from the Detroit The tax/price cut was apparently decided The second process is one which I con­ News of June 28 is set forth below: upon in an attempt to increase oil exports sider the key to everything. Under the cast­ FREEDOM FEST To HONOR ITS "FATHER," through a relatively more competitive price. iron shell of Communism in the Soviet Union PAUL LUTZEm Ecuador began recording trade deficits in the and in other Communist countries, there is The late Paul Lutzeir, the man they call third quarter of 1974, after several surplus a liberation of the human spirit. A new gen­ the "father" of the International Freedom quarters during early stages of the OPEC's eration is growing up, one which is steadfast Festival, which begins today in Detroit and high price policy. International reserves hA.ve in its struggle with evil, one which is not Windsor, will come in for special honol'S also fallen sharply from a peak of SDR 368 willing to accept unprincipled compromises, this year. million in the second quarter of 1974 to SDR which prefers to lose everything-life, sal­ Lutzeir, who while still a student editor at 253 million at the end of April 1975. ary, conditions of life, conditions of exist­ Wayne State University, conceived the idea The action by Ecuador is the first price ence-but is not willing to sacrifice its con­ of a festival on both sides of the U.S.· reduction by an OPEC member since their science in making deals with evil. Canadian border to celebrate U.S. Independ­ joint action raising oil taxes and royalty rates This process has now gone so far that in ence Day and Canadian Dominion Day, lived in October 1973. Although Ecuador is a minor the Soviet Union today, Marxism has fallen to see his suggestion become a reality. oil producer, its action-viewed in conjunc­ so low it's simply an object of contempt. No But la,St March at age 66 he was struck tion with difficulties experienced by other serious person in our country today, even by a car and killed while on vacation in OPEC members (see below)-raises a ques­ students in schools, can talk a.bout Ma-rxism Rio de Janeiro. tion about the continued cohesion of the oil­ without smiling. So this year the International Freedom pricing cartel and about the success of the But this whole process of our liberation, Festival Committee is establishing the "An­ OPEC's announced intention to l'aise prices which obviously will entail social transfor­ nual Paul Lutzeir Award" that will be pre­ again in October. mations, is a process which is slower than the sented to persons who volunteer five years Financial difficulties of certain OPEC coun­ first one-the process of concessions. of service to the festival. tries due to reduced oil production and over­ We there-when we see these concessions, A man with an immense joy in life and ambitious commitments have been forcing these surrenders, we are frightened. Why so a curiosity about people, Lutzeir, while stlll them to seek loans in Western money mar­ quickly? Why so headstrong? Why so rapidly? in college in 1929, took a trip covering 12,000 kets to supplement their oil revenues. Algeria Why every year? miles around the United States, hiking and is seeking to raise up to $1 billion in medium­ I sta,rted by saying that you are the allies hitching rides. The trip, he said later, cost term syndicated loans by the end of the year. of our liberation movement in the Commu­ him just $95. Last month Algeria raised about $135 million nist countries, and I call upon you: Let us Lutzeir, who had a career in education and abroad. Indonesia's government-owned min­ think together and try to see how we can public relations that was long and varied, ing and oil corporation, Pertamina, is nego­ adjust the relationship between these two ha.cl served most 1·ecently as director of com­ tiating with Western private creditors, the processes. Whenever you help the person be­ munity relations for Livonia public schools. World Bank, the Asian Development Bank, ing persecuted in the Soviet Union, you're not He formerly was chief educational and and other OPEC members to consolidate its only displaying magnanimity and nobility, foreign debts totaling nearly $2.5 billion. Iraq you are defending not only them but you're information officer for the Michigan Depart­ is completing a1Tangements to borrow $500 defending yourselves as well. You're defend­ ment of State and was the principal publicist million over five years in the Euromarket ing your own future. for the Detroit City Plan Commission. from a syndicate headed by the Union des So let us try to see how far we can go to For several years he served as assistant Banques Arabes et Francaises. The same bank stop this senseless process of endless conces­ to the dean of the College of Education at is heading another group that intends to lend sions to aggressors, these clever legal argu­ WSU and also served as chief of employe up to $100 million to Oman for five years. ments for why we should make one conces­ relations for the U.S. military government Other OPEC countries are also feeling the sion after another and give up more and in Germany, serving in Wiesbaden, Berlin impact of the sharply lower world demand for more and more. and Frankfort. oil. In Iran, where the oil output in May was Why have we got to hand over increasingly He received his bachelor's degree from running some 20 percent below last year, a more and more technology-complex, subtle, WSU and a. master's degree from the Univer­ government spokesman conflrmed pending developed t.echnology-that It needs for Its sity of Michigan. plans for scaling down the country's five-year :.wee.pons, for crushing lts own citizens? For several years he was chairman of the development plan goals. In Venezuela., how­ If we can a.t least slow down that process state working committ.ee on educational ever, the government announced that it ex- 23222 EXTENSIONS OF REMARKS July 16, 1975 pects to carry out all of its priority develop­ a harrowing and more precipitous slide the increased price will ever be rebated tnent progra.zns despite an expected 20 per­ downward, a. slide greased with oil. cent contraction 1n the country's oil revenues A study prepared by the Library of Con­ to the consumer. It is much to the advan­ in the second half of this year. gress has forecast that if decontrol of do­ tage of the producer to plow all increase mestic crude oil is permitted to take effect. profits into exploration, rather than the cost increase to consumers that would donating it to the Federal Treasury for occur as a result of the combined oil, naturai consumer rebates. SUPPORT FOR H.R. 7014 gas and coal price rise would equal about Therefore, my amendment will set a $21.1 b1llion per year. Ironically, this amount maximum ceiling of $9 a barrel on all oil 1s Virtually identical With the recently en­ HON. ANTHONY TOBY MOFFETT acted record tax cut legislated by Congress, produced in this country, both old and a tax cut whose avowed purpose was to new, rolling back the presently uncon­ OF CONNECTICUT stimulate the economy by putting money in trolled $13 a barrel price by approxi­ IN THE HOUSE OF REPRESENTATIVES workers' pockets. mately $4 and allowing controlled $5.25 a Wednesday, July 16, 1975 The effect of domestic petroleum price de­ barrel oil prices to rise by a maximum of regulation would be to cancel the anti-re­ $3. 75. Placing a decontrol price ceiling on Mr. MOFFETT. Mr. Speaker, the sup­ cessionary effects of the tax cut and to sanc­ the Krueger amendment serves the best port for the Eckhardt pricing provision tion a massive transfer of an amount nearly interests of both the consumer and pro­ contained in the Commerce Committee's equal to the tax rebate funds from the pock­ ets of worklngpeople to the coffers of en­ ducer. It allows the price of gas at the H.R. 7014 has been widespread and im­ ergy producers. pump to rise by a mere 1.4 cents a gallon, pressive. I am inserting in the RECORD Moreover, the Joint Economic Committee but retains the incentives to increase today a copy of a letter distributed by has estimated that immediate decontrol of production which one found in the Krue­ the Communications Workers of America domestic crude oil, a $2 a barrel tariff and ger amendment. explaining their position on this most a $2 jump in the OPEC price would, by the "Energy shock" to the economy as a important issue: end of 1976, inflate prices by 6.4 per cent, whole, caused by a sudden increase in COMMUNICATIONS cost 760,000 jobs and reduce automoblle sales by 800,000 units. energy prices, has occurred during pain­ WORKERS OF AMERICA, Washington, D.C., July 14, 1975. At CWA, the memories of our members fully recent history. It caused one-third are longer than the lines at the gas pumps of 1974's devastating inflation, and con­ In the near future, the House will con­ nearly two winters ago. We see no reason sider H.R. 7014, the Energy Conservation and tributed markedly to unemployment and for the new 94th Congress to countenance decreases in the gross national product. OU Polley Act of 1975, produced by the In­ renewed price gouging by the sa.me OPEC terstate and Foreign Commerce Committee. nations and energy companies which reaped This amendment would shield us from H.R. 7014, if enacted into law without enormous profits just a year and a ha.If ago future energy shock to a large extent. crippling amendments, would stimulate while wage earners and their families suf­ Additionally, my amendment would continued exploration for domestic oil and fered through a winter of discontent with have a salutary effect on coal and unreg­ stabilize the price of petroleum at a level lower thermostat settings, chilly workplaces ulated natural gas prices which are de­ that consumers can afford to pay. The bill and gasless Sundays. termined by oil's price leadership. This would lay the cornerstone for a sensible In conclusion, H.R. 7014 provides an ex­ measure will save oil consumers, users of energy policy for the coming yea.rs. cellent opportunity to formulate a rational The Commerce Committee legislation oil pricing pollcy. We urge you to utilize this home heating oil, gasoline and other fuels would provide for federal purchase of foreign opportunity to hold the line against Infla­ more than $7 billion a year over any oil, prescribe automobile fuel economy stand­ tion and to stand firm against all efforts measure imposing a ceiling of $11 or more ards, authorize energy efficiency criteria for to weaken H.R. 7014. on Mr. KRUEGER's amendment. other consumer products and establish a Sincerely yours, The Krueger amendment, as amended means of collecting information about the GLENNE. WATTS, by this plan, is $13 billion cheaper an­ finances and records of the major oil com­ President. panies. nually for consumers than the Presi­ The most important component of the dent's decontrol plan, a saving of 6 cents legislation, located in Title m, focuses on a gallon on gasoline at the pump over his the crucial question of an oil pricing policy Oll, PRICING POLICY plan. The President's plan, according to for petroleum produced in the United States. senior experts of the Congressional Re­ This issue has taken on even more dramatic HON. KENNETH L. HOLLAND search Service of the , and ominous meaning in view of the recent will have a secondary effect on gas and decision of the Organization of Petroleum OF SOUTH CAROLINA coal prices, causing them to rise propor­ Exporting Countries (OPEC) to raise the IN THE HOUSE OF REPRESENTATIVES price of foreign crude oil this fall. Because tionately. An additional ripple effect of of this decision, as winter approaches the Wednesday, July 16, 1975 such Presidential decontrol could cost the United States may find itself sailing into the Mr. HOLLAND. Mr. Speaker, today the consumers as much as $30 billion a year uncharted waters of foreign oil prices that House has under consideration the bill and a commensurate number of jobs. have more than quadrupled during the last H.R. 7014, the Energy Conservation and In conclusion, I would state that my three years. Oil Policy Act. My colleague from Texas, amendment retains all the advantages of The crude on pricing provisions contained the Krueger plan, but none of its disad­ 1n H.R. '1014 would phase out the current Bou KRUEGER, will off er an amendment to price of "old" oil (that petroleum produced title m. Oil Pricing and Measures To vantages. I respectfully request your from properties in production before May Maximize Availability of Energy Sup­ careful consideration of my amendment 1972, which ls currently controlled at $5.25 plies, which I believe has merit. I com­ and your vote for its passage. per barrel) over a five-year period. Under mend it for your consideration and in­ the legislation, "new" oil would sell at an tend to generally support it. average price of $7.50 per barrel, a rollback However, the Krueger amendment has from the current market level of $13 per LAWRENCE G. WILLIAMS barrel. Beginning at the end of the decade, one characteristic in common with Presi­ the price of all domestically produced oil dent Ford's approach; that of near total would begin rising at a rate of 8 per cent a decontrol of oil prices. While I feel that HO . BUD SHUSTER year. a change in price control policies is essen­ OF PENNSYLVANIA The Communications Workers of America. tial at this time, I feel that total decon­ IN THE HOUSE OF REPRESENTATIVES firmly belleves that the price of domestic trol would place an overwhelming bur­ energy should be set by Congress. By con...1 Monday, July 14, 1975 trast, complete deregulation sanctioned by den on the already overburdened con­ Congress or a substantive weakening of the sumer, while filling the already full pock­ Mr. SHUSTER. Mr. Speaker, I was oil pricing standards established in H.R. 7014 ets of the major oil producers. deeply saddened over the weekend to would abandon this crucial question to the The Krueger amendment seeks to bal­ learn of the untimely death of a fellow vicissitudes of the OPEC oil ministers. These ance the interests of the oil producers Pennsylvanian and a former Member of a.re the same petroleum officials who have and the oil consumers; providing excel­ this distinguished body, Lawi·ence G. already wreaked havoc on the economy dur­ lent incentives for increased oil produc­ Williams. ing the pa.st three years, leaving working­ people caught between the twin pincers of tion, plus rebate provisions to insw·e that Larry Williams was a dedicated mem­ inflation and recession whlle the United consumers are not overtaxed. ber of Congress during his 8 years in the Stat.es experiences Its worst economic dis­ In my judgment, the incentives for House of Representatives. His extensive tress since the Great Depression. Deregula- increased production in Mr. KRUEGER'S background and training 1n the area of tion could send the struggling economy on amendment are such that very little of local government and his service on the July 16,· 1975 EXTENSIO S OF REMARKS 23223 House Committee on Banking and Cur­ the Defense Secretary, provided reconnais­ men to the shattering sight o! Somalia's rency contributed to his 1·ecord of sance photographs of what he called large famine and poverty, and thereby strength­ Soviet missile and other facilities in Somalia. ened their claim to U.S. foreign aid. achievement on behalf of bis constitu­ There the Red Sea meets the Indian Ocean, Presumably, such aid is the missing in­ ency. on which more than half the world's sea­ gredient in Somalia's scientific socialism. Larry Williams' presence will be missed borne oil is in transit at any given time. in this Chamber and his many years of In what it smilingly calls its news as dis­ dedicated service will be sorely missed tinct from opinion columns, the New York by the thousands of people he assisted Times counterattacked, with a story that CHANGING MOOD OF THE NATION during his career in public life. began coyly: OVER THE PAST 15 MONTHS "There a.re critics of the Pentagon who say that whenever the military wants money from Congress, a. new Communist scare is discovered-a. Soviet fleet movement here, a HON. JOHN D. DINGELL NON-NEWS: THE SOVIET BASE IN missile base there-and that it often works." OF MICHIGAN SOMALIA The Times dismissed the photographs as IN THE HOUSE OF REPRESENTATIVES "very grainy," noting that "Mr. Schlesinger said the dots and other things" showed the Wednesday, J11,ly 16, 1975 HON. LARRY McDO ALD presence of missiles. What looked like "dots" OF GEORGIA Mr. DINGELL. Mr. Speaker, this House to the Times looked to Mr. Schlesinger like, can take justifiable pride in our record of IN THE HOUSE OF REPRESENTATIVES among other things, an airstrip capable of handling the largest Soviet bombers, bar­ progressive action to improve the quality Wednesday, July 16, 1975 racks facilities for 1,500 Soviet personnel and of the world we live in. Substantial im­ Mr. McDONALD of Geo1·gia. Mr. the odd-shaped building the Soviet military provement is being made in the cleanli­ Speaker. despite the efforts of Somalian uses for missile handling. ness of our air and water. officials to 1·estrict inspection, eight of The Soviet Un.ion denounced Mr. Schles­ But, in the economic turmoil that grips inger as a. "liar" who had seen a "mirage" the Nation, attempts are being made to our colleagues who visited Somalia at and was helping "reactionary circles" spread the request of the Somalian Ambassador "absurd rumors" to unde1•mine Somalia's slow or even reverse this trend. Our col­ were able to determine that the new "scientific socialism." The Soviet Union de­ league, Mo UDALL, analyzed these at­ Soviet military base, in the words of Mr. nm.mced as a "hackneyed trick" the sugges­ tempts in a speech last week to the na­ Stratton of New York: tion it has a base in somalia, where Soviet tional convention of the Izaak Walton Will represent the most comprehensive activity involves only construction of a League. naval support facility available to the So­ meatpacking plant and other innocent de­ In his remarks, Representative UDALL viets anywhere outside the Soviet h omeland, velopments. assessed the changing mood of the Nation including Cuba. Somalia's foreign minister denounced Mr. over the past 15 months, and the implica­ Schlesinger for disseminating propaganda tions for environmentalists. He points Senator BARTLETT and his staff discov­ fabricated by international zionism. The out that-- ered in addition missile crates and mines and water minister weighed in with the thought that Mr. Schlesinger was guilty conservationists have continued to mature bunkers, missile handling equipment and of "the quintessence of political blackmail in their thinking, to move ahead of the gen­ other evidence absolutely confirming and dishonesty." eral public-and the government-in under­ Defense Secretary Schlesinger's testi­ Faced with the choice of believing U.S. standing the subtle but growing interrela­ mony that the Soviets have breached the photographs or the words of Soviet and So­ tionship of energy, the environment and Indian Ocean's "zone of peace." mali politicians, Senator John c. Culver (D., the economy. But we have not yet translated The liberal and radical supporters of Iowa) suggested a.gnosticism pending an on­ our advance into public perception. "detente" have vigorously attempted to site inspection by congressmen. Mr. Culver He then outlines a tough agenda for downplay this evidence of Soviet mili­ and kindred spirits thereby affirmed the principle that they do not trust, and hence those who believe in protecting our land, tary aggression which clearly supports the Soviet Union can disparage, the aerial including a concerted effort to debunk the need for this country to maintain a reconnaissance technology that is the United this myth that environmental protection naval presence in the Indian Ocean States' only means of verifying Soviet com­ somehow costs jobs. In the 69 plant clos­ through a base at the island of Diego pliance with arms agreements. ings in which pollution control has been Garcia. The Somali ambassador in Washington claimed as a factor, some 12,000 jobs The following colwnn by George F. gave written assurance there would be "no were involved; in contrast, more than a Will which appeared in the July 16 edi­ restrictions" on inspections. So eight con­ million new jobs have been created in tion of the Sun may be en­ gressmen and a Senator jetted off for a tour in the scorching heat of the East African carrying out the mandate of our envi­ lightening as to the hypocrisy practiced summer. ronmental laws-and we have still made by the advocates of detente in their last Representative Samuel S. Stratton (D., less than 10 percent of the investment ditch defense of Somalia's "scientific so­ N.Y.), says the congressmen were given a we need. cialism," a term ha.sty and restricted tour, but one sufficient Representat.ive UDALL'S speech merits and most modern Marxist-Leninists use to establish that, when completed, the So­ the serious consideration of every Mem­ instead of the older word, "communism." viet base "will represent the most compre­ ber of this House. We must recognize· The article follows: hensive naval support facility available to the Soviets anywhere outside the Soviet that any "recovery" based on environ­ THE GREAT SOMALIA-SoVIET lVIISSILE "GAP," OR homeland, including Cuba.." mental retrenchment will prove illusory. How THE NEW YORK TIMES MISSED THE Senator Dewey F. Bartlett (R., Okla.) and At best we would gain a temporary res­ STORY his aides saw more, including a. missile crate, pite from serious structural problems in (By George F . Will) missile bunkers, cranes and dollies for han­ our economy-at a great cost in time, WASHINGTON.-The great Somalia missile dling missiles, sophisticated communications money and lives. controversy, still green in memory, provided gear and other military equipment that the grandest political entertainment-the "absolutely confirms" Mr. Schlesinger. · The text of his remarks follows: death throes of a. theory slain by facts. While his colleagues were sweltering in ENVIRONMENT VERSUS ECONOMY-EXPLODING Some congressman, opposed to a. United Somalia, surrounded by the proof of Soviet A PHONEY lsSUE . States naval facility in the Indian Ocean, lying, Mr. Culver was in Moscow, conferring It's a great privilege to appear before the latched on to the theory that the ocean is a with the liars. He came home serene, the Izaak Walton League of America, an orga­ "zone of peace" that would remain free from liars having assured him they would be nization I have long admired. I have worked great power contamination if the U.S. would receptive to "discussions" for "mutual" re­ with many of your leaders, both in Washing­ show restraint. This theory was minted by, straint in the Indian Ocean area. ton and in the states and communities. I among others, Indira Gandhi. the Indian Presumably these discussions will lead to commend you for the long fight you have prime minister, and applauded by the Soviet restraints--mutual, of coui·se-on U.S. bases waged in the Upper Mississippi Valley, and Union. and Soviet meatpacking plants. particularly for your present effort to stop Faith in Soviet restraint and tru thfulness The Times, like any gifted advocate sad­ the needless rebuilding of Lock and Dam 26. is the rock, such a.s it is, on which the theory dled with a losing argument, quickly changed I am also especially impressed by your Bi­ of detente rests. So true believers in detente the subject, implying the cong1·essional in· centennial program to teach local citizens believed what the Soviet government said spection visit proves Somalia's scientific so­ how to clean up and maintain their streams. about abhorring the very t hough t of military cialists are a clever lot. The Times noted the This is the environmental movement at its bases around the ocean. Somalians invited congressmen to see, a best. Thus the true believers were u nderstand­ Soviet base "that could not be concealed," I know from my own experience in Arizona ably non-plussed when James R. Schlesinger, but in so doing they exposed the congress- what it means to have a group of smart. 23224 EXTENSIONS OF REMARKS July 16, 1975 dedicated people take hold of an issue, to Most ha.ve been resisted, but the Ford Ad­ economic suicide. A 5 % energy growth rate­ put aside partisanship and get the Job done. ministration again is pushing to extend the Unfortunately, I spend most of my time in the kind we've had for 30 years-means that 1977 deadline on auto emissions, already we have to double our power production the nation's capita.I, which I regret to say is pushed back from 1975, to 1981. If we allow too often infected by blind partisanship. In every 14 years. It means accelerating the that to happen, we might as well give up the drain on om· economy, paying extortionate tbis context, issues of broad, bipartisan ap­ fight, because we all know the Big Three peal like strip mining and land use planning prices to unreliable foreign producers. It will be back in four or five years to push means turning Colorado, Montana, Arizona. become checkers in a power game that has through yet another extension, with plenty little or nothing to do with substance. of precedent to back them up. and Utah into wall-to-wall power plants. Some of you may have heard the report Industry and the Administration would And it means a. capital investment of $600 that I'm running for President. It is true. have us believe that there really isn't much billion in the next decade. Try to imagine And one of the main reasons I'm running is at stake here-just some minor aesthetic what that means for businessmen and home­ that the environmental issues are no longer considerations that must be sacrificed in buyers trying to compete in the lending a compartmentalized side show of our polit­ the name o! economy. Where is the economy markets-what kind of prosperity will it buy? ical life. I've been talking all over this coun­ tn 4 million illness-restricted days caused by Now think about a 2 "ro energy growth try about the three E's-energy, environ­ automotive pollution each year? Are the rate--a goal we could achieve without losing ment and economy. They are inextricably in­ deaths of 4,000 people each year, deaths a single job, without relaxing a single en­ tertwined, and decisions about them will de­ caused by automobile air pollution, a "minor vironmental standard, simply by squeezing termine the quality of our lives in the dec­ aesthetic consideration"? For them, there out unnecessary driving in oversized cars, ades ahead. is no hope of a Presidential pardon. by putting better insulation into our homes It is a lamentable fact that the environ­ Still, there are some who would have us and offices, by stopping thoughtless waste mental issues I'm talking about today were believe that clean air, clean water and en­ in ow· factories. It means that we have 35 not really debated in 1968 or 1972. The fate rironmental monitoring are radical proposals years-It buys us time to free ourselves from of my campaign isn't all that important-­ that undermine the free enterprise system. OPEC's blackmail. It buys time to answer what is important is that this time we make We can answer them with words of the rationally the grave questions in nuclear very sure that there is a debate on this whole eloquent conservative columnist James J. power, to improve conventional generating range of quality-of-life problems, and that Kilpatrick, who wrote: technology, and to harness the power of sun lt be a central part of the 1976 campaign. "One of the most serious problems in and earth and wind and tides. It means, For conservation remains a major national American society goes to the quality of life too, i;ha.t we will have the capital to put into issue. Fifteen months ago I got a good deal in the world around us. Our rivers and lakes the other great needs of our society, like of criticism from some of my colleagues in are dying of pollution. Our cities stifle in housing, mass transit and better schools. the environmental movement when I ob­ smog. Our littered streets insult the eye. Even with such an effort, much of our served that we had been put on the defen­ Concern mounts at the residual damage done future energy will come from coal, like it or sive. and that we stood in danger of losing to man's environment by such pesticides as not. And I think all of you here a.re probably much of what we had achieved. DDT. Year by year our loveliest countrysides aware of the flight my colleagues and I have Last November we thought we had elected are yielded up. been waging to make strip miners responsible a basically environmentally aware Congress. ''The problem essentially is a problem of for restoring the surface of lands they dis­ But. important as this election was, it wasn't con.serva.tion--of conserving some of the rupt. We simply have no right to pass on really a victory for our conservation troops. greatest values of America; and conserva­ this scarred, ruined land to our grand­ The environment wasn't a major issue in tives, of all people, ought to be in the van­ children and ca.11 it their birthright. most Congressional districts. In a real sense. guard of the fight." Gerald Fo1·d, Frank Za.rb and the most re­ we rode the coattails of Richard Nixon and Happily, many conservatives took his ad­ actionary segment of Congress have blocked Herbert Hoover--of scandal and recession. vice, Joining with liberals and those in be­ us temporarily, but we will win. Zarb and We benefited from the negatives. But the tween to form a strong, continuing national Co. are supported by phoney statistics and pressures for retreat on environmental posi­ consensus behind programs for clean air, an unelected President; on our side are com­ tions have not abated; they have grown. waste disposal. Against the efforts of the mon sense and the American. people. We will That is the bad news. current Administration, we must battle to have a good, workable strip mining bill, we The good news is that major conserva­ maintain and expand this coalition. will enact it into law, and it will increase tion groups like yours continue to grow, and The events of the past two years have coal production and employment-if not in to hold their own financially. Equally im­ driven home the fact that our 80-year Joy­ this Administration, then in the next. portant. conservationists have continued to ride, fueled by cheap and plentiful energy An energy conservation program will give mature in their thinking, to move ahead of resources, has come to an abrupt halt. We us time to make a reasoned decision on nu­ the general public-and the government-­ need and will develop additional sources and clear energy as well. There are compelling in understanding the subtle but growing in­ new technologies, but we must resist the arguments on both sides-arguments my terrelationship of energy, the environment dangers of the reckless dig-and-drill Subcommittee on Energy and the Environ­ and the economy. But we have not yet trans­ philosophy being voiced today. We should ment is proceeding to weigh in our "National lated our advance into public perception. In­ recall the words of the political economist Nuclear Debate" hearings-but it would be deed, we are still painted by the Adminis­ Stuart Chase, who wrote 40 years ago: foolish, perhaps fatal, to proceed hastily with tration and by the reaetionary segments of "Natural resources and inanimate en­ the next generation of nuclear plants before Industry as barefoot elitists insensitive to ergy . . . were left by God or by geology we answer tough questions with a degree of. the materia.l needs of our fellow citizens. to mankind., and not to the Standard 011 certainty. The same holds true of offshore So we have some tough challenges before Company of California. Il this is not sound oil and deepwater port development, issues us-tougher in many ways than the "Valley moral doctrine, I do not know what ts:• I'm studying as a member of a new House Forge" situation I described last year. Here Il we could achieve nothing else, our Ad Hoc Committee and it's also true of oil are the challenges that lie ahead. most urgent priority is a strong but sensible shale. We in the conservation movement We must resist pressures to halt our energy conservation policy. Democrats as have a. duty to marshal the facts. fairly and quest for clean air and water. well as Republicans must be !aUlted for the reasonably, to convince the nation of the W& must continue the battle for reason­ failure of Congress and the Executive to see need to bring our energy demands under able curbs on energy resource development, the truth and act. The President has pro­ control while we give these fateful issues the for meanlngfUl conservation of energy. and posed, in effect, rationing by wealth. The consideration they require. for sound, forward-looking land use plan­ One field where we can and should move ning. Congress has splintered ineffectually on a hard problem 535 representatives and sena­ forward now is harnessing the power of the We must convince the American people tors have, on the whole, failed to face. What sun. There ls a popular myth that holds that conservation means more and not fewer solar energy to be impractical, too expensive, Jobs. will be required, in my opinion, are a whole set of new attitudes and a strong dose of or in the realm of future technology. The We must build bridges to labor and to structural change in our monopolistic en­ National Science Foundation has dispelled our minorities, and convince them that in ergy business. that myth. It found that, using present tech­ the long run. the true environmental is­ One of my deepest beliefs is that we must nology, we could install solar heating units sues--energy conservation, wise resource use challenge the conventional wisdom that in the nation's homes and reduce the na­ and re-use-are the only road to more Jobs holds that slowing energy growth means tional energy budget by 12 to 15 per cent. and a healthy economy. slowing economic growth. To the contrary, And the cost could be recovered in fuel And we must defeat an Admlnistra..tion economists at the University of Illinois have savings ln 10 to 12 years. that pays lip service to environmental goals demonstrated that investment In energy Imagine that-10 to 12 years. Compare that while systematlcally blocking every effort production produces fewer jobs than almost with the cost recovery of a hydroelectric proj­ for substantive progress. any other sector of the economy. It costs ect-not 12 years but 50 years. Let me elaborate on these five critical $22,,000 to create a Job In general manu­ Putting lt another way. such a. program tasks. facturing. The Investment needed for a Job emphasizing conservation and sola.r hea.ting First, clean air. Since these programs were in oil is $125,000; In the utllities It's $175.000; and cooling could cut down our need for enacted, we have seen repeated attempts by and on the Alaska Pipeline, it 1s upwards of fossil fuels by 15 to 20 per cent.. the electric power industry, some local juris­ $250.000. If we did that, we woutd have further rea­ cllctlons, and the a.utomoblle industry to Indeed, continuing the kind of energy ex­ son to carefully limit t.hls nuclear technol­ weaken standards and extend deadlines. pansion we have seen In the past would be ogy which poses such a threat to mankind. July 16, 1975 EXTENSIONS OF REMARKS 23225 There 1s a second front that deserves cur As the story is told, various participants be­ through any urban slum will tell you. The best efforts. too. And that is research and gan by saying that the Clean Air Act ought new housing law passed by the Congress this development-modest by standards of the to be tabled for a while so power projects summer ls a start toward this end, but much fast breeder reactor-into the technology of could move ahead. "I think it's helpful to de­ more needs to be done. The important point solar cells for the production of electricity. fine a problem before we start to solve it," ls that this kind of program helps in two Considering the wide flexibllity of solar pow­ a. cooler head responded. "I can't think of any ways-first, improving our urban environ­ er units with regard to size, they could then examples of projects being held up by the ment through meeting real human needs, be manufactured for all sorts of adaptations Clean Air Act. I wonder if anyone here can and second, creating jobs that will help our depending on the degree of centralization cite an example." No one could. They ad­ entire economy. that seemed desirable. journed to think up examples. When they Let me suggest still another positive course Don't let anyone tell you that being for met a.gain. there still were no examples to we can follow that will help create jobs the environment means you have to be cite. The matter was dropped. while simultaneously removing a whole array against progress. The same kind of thing ls happening right of local environmental conflicts. rm speak­ Now let•s think about the implications now in the debate over jobs versus the en­ ing of the advantage we would gain by shift­ of this alternative-conservation combined vironment. Someone needs to define the ing some funds now earmarked for highways With solar technology-for international re­ problem. Perhaps the President's own Coun­ to mass transit. The benefits are at least lations. Barry Commoner rightly points out cil on Environmental Quality can help. three in number: that if industrial countries continue on the CEO reported three months ago that its 1. Mass transit can improve life in the conventional path-especially nuclear-they studies indicate that the net impact of envi­ cities by getting auto traffic off the streets. will have little to offer in the way of useful ronmental programs on employment is not a 2. Many of the remaining highway projects energy technology to the developing nations. drag. a barrier, an impediment to the crea­ now on the drawing boards need thorough which la.ck capita.I, are rich in natural mate­ tion of jobs for people. On the contrary, the review before they go forward. The thinking rials and labor, and are usually favored with net impact ls positive-jobs are added. not that went into them may now be 20 year out 1ntense sunlight. If we and other industrial subtracted. Because of these environmental of date. nations instead develop new, productive tech­ programs. there are more people at work to­ 3. In terms of energy as well as jobs there nologies that emphasize the use of natural day than would be employed if we didn't have are advantages on the side of mass transit. materials. rather than synthetics. and tech­ them. One study indicates a. shift of $5 bllllon from niques for solar power, they could provide CEO says that while pollution controls highways to railroad and mass transit con­ real help in the struggle of the poor coun­ have been a factor in the closing of a. num­ struction would mean a 61 per cent saving tries to develop their economies. It requires ber of old, obsolete plants, there ls no evi­ in energy and a 3 per cent gain in the num­ little imagination to see how important this dence that these plant closings have been ber of people employed. could be in the efforts of western democra­ significant in terms of total employment or To sum up, environmentalists certainly cies to foster in the developing countries and that pollution control regulations have been recognize that the unemployment problem the world at large economic and social struc­ a. prime cause. In the 69 plants closed be­ ls serious and demands attention. But you tures which will foster democracy and peace. tween 1971 and the end of 1974, presumably should know-and let the world know-that On the decisions we make relating to en­ in part because of environmental regulations, there is no basis whatsoever for the conten­ ergy in coming y,?ars. a great deal depends­ there was a total of approximately 12,000 jobs tion that the environment ls to blame for it a lot more than inight first meet the eye. involved, some of which simply moved to or that the time has come to gut our en­ Closely tied with energy conservation and other plants in the same companies. In most vironmental laws in the nrune of employ­ development of energy resources is land use cases, the plants were old, small, only mar­ ment. planning. Two years ago, Richard Nixon ginally profitable and headed for closing any­ I want to reiterate one of the things I called it his top environmental goal. Today way. said in that speech 15 months a.go: the Admlnlstration refuses to support it. But In contrast to these job losses. America "Part of the reason the envtronmental in the next week I think we will win a show­ has created more than a mlllion new jobs movement finds itself in trouble today is down vote to get my land use blll out of in its efforts to protect the environment. The that we failed during the heady years of the committee and onto the House floor-where Environmental Protection Agency says this 60's to make friends and forge illliances with with your help I predict passage by a sub­ total may double in the next year-and we've groups that might be largely with us now: stantial margin. made less than 10 per cent of the needed blue collar America, enlightened industry. We are no longer a frontier nation, and investment in pollution control. There are the minorities who inhabit our rundown land is not a commodity any more. It is a literally millions more jobs waiting-and they cities. But in those days. environmentalists resource-the most fundamental resource of depend on this movement going forward, not were not in a mood to compromise or t.o play all. Every year we lose two million acres of backward. Let me cite some examples. a role in 'their' issues, and we predlctably our best agricultural land to often sprawl- There a.re 15,000 people at work running find few friends around to sustain us during 1ng, energy-wasting urban uses. Millions of facilities built under the Federal Water Pol­ the dark days of the energy crisis." additional acres are threatened by strip min­ lution Control Act of 1970-people who can The economic crisis has redoubled this ing and speculation by land syndlcators With thank the Iza.a.k Walton League, among oth­ problem. We still have not broken down these the morals of riverboat gamblers. Once lost, ers, for their paychecks. Another 20,000 are barriers of distrust, bullt in part on our own they may be gone forever. We can build the manufacturing the equipment, and last year unconscious elitism. but the potential re­ housing and commercial developments we 55,000 construction workers labored to build mains. We must make the most of the job­ need Without committing this crime against waste-wat.er plants. And this year, 300,000 creating potential I have already described. a hungry world. The many enlightened de­ more people can be put to work under this We must also demonstrate that we have velopers who support our bill realize this. program. learned-that we understand that the many But we who beHeve in conservation must bat­ In solid waste control and resource recov­ problems of cities are at heart environmental tle a hysterical campaign by the extreme ery there are nearly 100,000 people at work. problems. right. in league with the unscrupulous spec­ Under the Clean Air Act. there are 5,400 We look. for example, at the financial prob­ ulators who have bilked tens of thousand8 of working t.o manufacture and operate con­ lems of New York, and the dozens of other our people. Our watchword must be. as I trols--and that number will increase 12-fold cities Just half a step behind. This is an en­ satd in the final debate on strip mlnlng, by next year if Federal standards a.re main­ vironmental problem, for in many cities up that a nation which does not love and re­ tained. In pesticide, noise and pure water to half their operating budget goes for solid spect its land and beaches and mountains control there a.re now 73,000 at work because waste disposal. Beyond that cost, there ls the and streams does not respect itself. of our environmental efforts, and that will land use question-where do we dispose of Bringing the facts into the light, and con­ rise to 95,000 by EPA estimates. 1,700 pounds of rubbish produced by every vincing the American public of the only These are Jobs for every kind of worker: American every year (and that doesn't count really sound energy course. will not be easy. not just for the highly trained reesarch sci­ industrial waste) ? We will be blocked-we are today being entists, but for fact.ory workers and construc­ As environmentalists, we have answers to blocked-by those who would profit in the tion workers to build the facilities, for tech­ 'lll'ban problems. Recycling, a cottage indus­ short run from slowing down the environ­ nicians to run them, and for the whole sup­ try today, offers a tremendous potential: by mental movement. rm speaking of those in porting cast needed to run any enterprise of burning the paper and plastic we now throw industry and in politics who have posed this this magnitude. away, we could produce three to four percent phoney choice for the nation between jobs And this could be only the beginning. of the nation's energy budget. It doesn't and environmental quality. Think about other aspects of the job we sound like much, until you realize that it is The environmental movement has been face to make America livable again. With a twice the power needed for an resklential chosen as a scapegoat by those who don't sluggish, only slowly reviving economy, there and commercial lighting in the United want to be blamed for rising unemployment. 1s much that we can do not only to step up States. Because people don't have the facts there 1s economic activity but t.o improve the envi­ The metals left over amount to $5 billion a real danger that this sort of tactic will ronment of our cities and the quality oI life a year-nearly the am_ount o! emergency a.Id work. 1n America. being sought by the nation's mayors today. I am reminded of a meeting I heard about Meeting low a.nd moderate income housing These are answers--environmentallst an­ withln the inner circles of the Adm.ln1.stra­ goals ls one way we can help ourselves. Com­ swers--that can save land, produce Jobs and tion last year. Fortunately, there were one or pared to virtually any other industrialized meet city budgets without ruinous tax in­ two friends of the environment in the room. nation our record is shameful. a.s a trip creases. CXXI--1463-Part 18 23226 EXTENSIONS OF REMARKS July 16, 1975 And we should join the coalition support­ I'd like to leave you with a thought from CUBAN COMMUNIST TO ATTEND ing far-reaching, visionary approaches to the concluding program in Jacob Bronowski's solving the boom-and-bust cycle that makes marvelous television series, "The Ascent of U.S. PROPAGANDA FEST human suffering-the material deprivation Man." Speaking of man's future, he said: and psychic devastation of massive unem­ "It sounds very pessimistic to talk about HON. LARRY McDONALD ployment-the price of stability. There is in western civilization with a sense of retreat. I Congress today legislation to implement a have been so optimistic about the ascent of OF GEORGIA real full employment policy-one thil

HOUSE OF REPRESENTATIVES-Thursday, July 17, 1975 The House met at 10 a.m. mittee of conference on the disagreeing Rev. Victor Lopez, pastor, Our Lady :ficult transition period. Under his wise votes of the two Houses on the amend­ and strong leadership, and with the help of Mount Carmel, Joliet, Ill., offered the ments of the Senate to the bill (H.R. following prayer: of Manuel Juarez and many dedicated 4035) entitled "An act to provide for helpers, a Spanish center was formed in Let us pray: Father, You are the more effective congressional review of Joliet. Today the center is a growing, vi­ Creator. You are the Father of all peo­ proposals to exempt petroleum products tal operation that plays a most valuable ples and tongues, nations and tribes, from the Emergency Petroleum Alloca­ and critical role in meeting the needs of cities and towns, both great and small. tion Act of 1973 and certain proposed Joliet's Spanish-speaking 1·esidents. We call upon Your creative Spirit. So administrative actions which permit in­ I have had the pleasure of participat­ that, You may heal the wounds of our creases in the price of domestic crude oil; ing in several of the center's activities Nation; erase the cynicism of our people; and to provide for an interim extension and of seeing the strength and cohesive­ animate our leaders in their tiredness of certain expiring energy authorities." ness it has brought to the community. and in their weakness. The message also announced that the As the executive director of the center, In celebrating Your Fatherhood, Your Senate had passed a bill of the follow­ Father Lopez has become one of Joliet's living presence amongst us, we recog­ ing title, in which the concurrence of outstanding leaders, enjoying the re­ nize the respectful order. We establish a the House is requested: spect and admiration of all. Again, I want sense of authority that is founded on S. 586. An act to amend the Coastal Zone to thank him for taking time from his You. Encourage us to be truly Your co­ Management Act of 1972 to authorize and work to share his company and his bless­ creators, extending Your justice and assist the coastal States to study, plan for, ing with us. manage, and control the impact of energy peace amongst men. facility and resource development which Mr. Speaker, in the litany of the Ro­ affects the coastal zone, and for other pur· man Church, when the prelate of a poses. church entered the cathedral, his pres­ THE JOURNAL ence was announced by the singing of a hymn which was captioned "Ecce Sacer­ The SPEAKER. The Chair has exam­ REV. VICTOR LOPEZ ined the Journal of the last day's pro­ dos." Translated freely into English, it ceedings and announces to t.he House his (Mr. O'BRIEN asked and was given means: approval thereof. permission to address the House for 1 Behold a good priest, whom in his own day Without objection, the Journal stands minute and to revise and extend his God made great. approved. remarks.> Today, Mr. Speaker, behold a good There was no objection. Mr. O'BRIEN. Mr. Speaker, on behalf priest who I predict by the gi·ace of of all Members present here, I would like God and the favor of the Holy See might to thank Father Lopez for a beautiful one day be, indeed, a great one. MESSAGE FROM THE SENATE and inspiring prayer. The Joliet area, which I have the great A message from the Senate by Mr. honor of representing, has a large, dy­ Sparrow, one of its clerks, announced namic, and rapidly growing Spanish­ PERMISSION FOR COMMITTEE ON that the Senate had passed with amend­ surname PoPUlation. Many of these peo­ RULES TO FILE CERTAIN PRIVI­ ments in which the concwTence of the ple are newcomers to our city, and llke LEGED REPORTS House is requested a bill of the House of newcomers anywhere, they experience M1·. SISK. Mr. Speake1·, I ask unani­ the following title: many adjustment problems. But in ad­ mous consent that the Committee on H.R. 7728. An act to suspend until the dition to unfamiliarity, the Span1sh­ Rules may ha.ve until midnight tonight close of October 31, 1975, the duty on cata­ speaking newcomer has the extra burden to :file certain privileged reports. lysts of platinum and carbon used 1n pro­ of overcoming language and cultural The SPEAKER. Is there objection to ducing caprolactam. barriers. the request of the gentleman from The message also announced that the Father Lopez is one of the best friends cauf ornia? Senate agrees to the report of the com- these new arrivals have during their dif- There was no objection.