33698 EXTENSIONS OF REMARKS October 10, 1973 the relief of Blase A. Bonpane to the Court of 313. BY THE SPEAKER: A memorial of erally assisted code enforcement program; to Claims; to the Committee on the Judiciary. the Legislature of the State of California, the Committee on Banking and Currency. relative to the Rural Electrification Admin 315. Also, memorial of the Legislature of istration; to the Committee on Agriculture. the State of California, relative to increasing MEMORIALS funds under the Federal-State partnership Under clause 4 of rule XXII, memorials 314. Also, memorial of the Legislature of program; to the Committee on Education and were presented and referred as follows: the State of California, relative to the fed- Labor.
EXTENSIONS OF REMARKS BENJAMIN FRANKLIN vVALK brary Company building; and Philosophical THE CASE FOR PRIVATE FINANCING OF hall, the seat of the American Philosophical CAMPAIGNS Society, initiated by Franklin in 174:3 and (By Bill Frenzel) HON. JOSHUA EILBERG which he served as President for more than The crisis of non-confidence in govern OF PENNSYLVANIA 20 years. ment, specifically the Watergate mess, has The walking tour will conclude at Inde IN THE HOUSE OF REPRESENTATIVES given great thrust to proposals for public pendence Hall, where Franklin served as a financing of federal elections. The popu Tuesday, October 9, 1973 member of the Pennsylva,nia Assembly, as lar image of such plans is that they wm President of the ~·upreme Executive Council Mr. EILBERG. Mr. Speaker, on Sun magically purify elections and relieve elected of Pennsylvania, as a member of the Second officials of any and all pressures and taints of day, October 14, the people of Philadel Continental Congress, and of the Constitu "dirty money." phia will relive the historic day when tional Convention. Franklin helped draft and I (and everybody else) warmly embrace the Benjamin Franklin arrived in our city. signed both the Declaration of Independence purification of elections, but public fi nanc The "Benjamin Franklin Walk" will in 1776 and the United States Constitution ing is neit her a magic nor an exclusive means consist of a free walking tour to the in 1787 ... to move u s toward better elections. The final note of the commemorative The same goals we all seek- open, honest Franklin home, his church and first events will take place at 3 p.m., when Mr. printing shop, and numerous other sites and clean elections-can be achieved more and Mrs. Franklin will attend the Super easily and effectively by writing responsible which bear the mark of Benjamin Sunday festivities at Logan Circle. Conveyed rules into a system of private financing. Franklin. by horse-drawn carriage, they will be offi Before I start spending t he taxpayers' At this time I enter into the RECORD cially welcomed to Super Sunday on the steps money, I want to be assured: (a) the plan a statement by the city of Philadelphia of the Franklin Institute by the President wm give us the desired result; (b) there is no describing the events planned for the of the Institute Ji.nd other Super Sunday of easier way to get the same result ; and (c) "Benjamin Franklin Walk": ficials. it does no harm. I am persuaded that public financing brings no benefits that cannot be BENJAMIN FRANKLIN WALK otherwise achieved, and, to the contrary, On a fair Sunday morning in October, THE CASE FOR PRIVATE FINANCING carries serious risks, some known and some 1723, a homeless, hungry young man of 17 OF CAMPAIGNS as yet unforeseen. landed at colonial Philadelphia's Market Some of the known risks are: Street wharf and walked into American (1) Under publicly-financed systems, chal history ... HON. JACK F. KEMP lengers will be at the mercy of incumbents. At noon on Sunday, October 14., 1973-250 OF NEW YORK No wonder members of Congress like public years later-Philadelphia will re-create Ben IN THE HOUSE OF REPRESENTATIVES financing. It's a self-protection scheme. jamin Franklin's historic arrival by boat Guess who controls the election appropria from the Delaware River and h is initial walk Tuesday, October 9, 1973 tions? That's right--the incumbent s dol up Market Street. Appropriat ions can always be set low enough The boat bringing Franklin will dock near Mr. KEMP. Mr. Speaker, it is generally to inhibit any strong political contest. Public Market Street, where a reception committee, conceded that the primary positive out financing would guarantee equal expenses composed of representatives of the numer growth of Watergate will be the reforma when studies show that non-incumbents ous institutions he founded, wm greet him. tion of campaign financing, campaign must spend more merely to establish their The young Franklin, wearing colonial spending, and campaign practices. I hope identity against incumbents. The identity of garb, will then lead a free walking tour of and expect that will be the case. The lack an incumbent is already strongly established the homes, churches, shops and historic of an effective campaign contribution by the advantages of the frank, access to buildings which stm echo with his pres media and general public visibility. ence. Tourists and Philadelphians are in monitoring system, the legality of inor (2) Federal financing schemes prohibit, or vited to take part in this "Ben Franklin dinately large campaign contributions restrict, private contributions. This. uncon Walk," which wlll begin at Market St. and which often are the precursors of graft stitutionally denies a long-enjoyed right of Delaware Ave. and corruption, and the unethical activ free speech. To let one person contribute his Re-living that day, a colonial-costumed ities which have taken place in cam time and labor to a campaign and not let baker's-boy wm be on hand to sell Frank paigns, all demand that Congress help another person, perhaps handicapped, make lin "three great puffy rolls" and a young cleanse the election process as Congress his contribution financially, is the rankest woman, also in colonial dress, will portray kind of discrimination. Deborah Read, Franklin's future wife. Ac man BILL FRENZEL of Minnesota said (3) Private financing has been one of the cording to Franklin's Autobiography, Debo recently: traditional ways of determining the popu rah was standing in the doorway of her fa I (and everybody else) warmly embrace larity and attractiveness of any candidate. ther's h ome at 318 Market Street and saw the purification of elections. In a country where we finance the arts, our him walking by that first day in town. charities and much of our education pri In addition to the guides portraying Ben How true that is. vately, we have naturally supported elections jam in Franklin and Deborah Read, other However, an awareness of the present in the same way. Other nations with a history colonial costumed guides also will lead problem has prompted some to conclude and tradition of publicly-financed elections groups on the walking tour which wm in that the best way to alleviate it would are simply not comparable. clude a visit to Franklin Court, the site of be to develop a system of public cam Many people want to support candidates Franklin's home when he participated in paign financing. The reasoning stems and parties. Their enthusiasm helps enliven the writing of the Declaration of Independ from the misimpression that campaign campaigns and increases voter participation. ence. Usually closed to the public because (4) Public financing would inevitably re of the current archeological excavation and wrongdoing, impropriety, and illegality sult in unexciting elections which would research being done at the site, Franklin is caused by the fact that U.S. campaigns cause lower voter turnouts. Candidates would Court will be opened especially for ihe "Ben are financed privately. Public financing no longer need to have very broad support Franklin Walk" participants. it is hoped will remedy the condition. to get campaign money. We would have scads The walking tours will also visit Christ Aside from the fact that such an of candidates. The more candidates per race, Church, where the Franklin family had a argument incorporates some question the more drab the election and the more the pew; the site of Franklin's first printing able reasoning, I do not think the case incumbents' chances for victory. Amateur shop; the First Bank of the United States nights are fun, but when minor candidates which contains an exhibit of the artifacts for cleansing the campaign process with depress the public interest, the only winner recently discovered at Franklin Court; Car in the framework of private financing has is the incumbent. penters' Hall, where the American Philo been given a thorough airing. Fortunate (5) All of these disadvantages are achieved sophical Society and the Library Company ly, my friend and colleague from Min at the taxpayers' expense. The beleaguered (both founded by Franklin) first met; Li nesota, Mr. BILL FRENZEL, made the taxpayer will see his money supporting can brary Hall, the replica of the original Li• case recently. I insert it at this point: didates in whom he had no positive interest October 10, 1973 EXTENSIONS OF REMARKS 33699 or to whom he may object most violently. is perhaps the most tragic and the great literally thousands of hours of his time The taxpayer will stand helpless while dozens est threat to her very existence. continuing down to the present, since he of candidates, who would not have enough Accordingly, I have this day cospon still spends an estimated 10 to 20 hours a support to enter a privately-financed elec week helping out at Big Brother head tion, happily use up his hard-earned money. sored with Congressman WILLIAM LEH quarters and even sleeping three nights a Meanwhile, the incumbents would be inevi MAN of Florida a bill calling for the im week at the center to help guard it. tably returned to office. mediate delivery of all planes previously His financial support of the organization (6) The taxpayers• money will be actual contracted for sale to Israel. These also has been generous. Land now occupied ly handled by an Elections Commission ap planes are urgently needed by Israel if by a swimming pool, dormitory, recreation pointed by the President. No matter how she is to protect herself against over building, offices and a playground was given high-minded and impartial it is, one wonders whelming odds in this new Middle East by Johnson, who also has made cash con how easily it could deny money to a par ern war. tributions of more than $75,000. ticular candidate for a "violation" of the Johnson is now Big Brother to two father· law. Giving control of financing to the bu I would like to call to the attention of less boys and, over the years, has filled that reaucracy is giving control of elections to my colleagues and the American people role for more than a dozen others. At one the bureaucracy. Control of elections may the recent statements by Dr. Arnold time, he was Big Brother to four boys, all never get back into the hands of the people. Soloway, president of the New England from the same family. (7) Party responsibility would disappear. region of the American Zionist Federa His record of unstinting public service is Candidates could thumb their noses at par tion. Speaking before a massive rally at by no means confined to that performed ties which could no longer raise money eith Temple Kehillath Israel in Brookline, through Big Brothers, however. Johnson has er for themselves or for their candidates. Our Mass., Dr. Soloway urged "all thought been a Sunday school teacher at Epperson history of political regionalism and relatively Memorial Methodist Church for more than weak parties points to collapse of parties ful people to condemn and oppose the 40 years; he has been active with the Boy under public financing. brutal Egyptian-Syrian aggression" and Scouts for many years and donated 200 acres (8) More money would be spent on elec called on the United States to accelerate of land for Scouting activities; he was a tions. All the action now is in 50 House the flow of arms and economic aid to member of the board of directors of the races. Over 80 per cent of Congress' cam Israel. Further, he urged that President Boys Home of Jacksonville for 21 years; and paigns are contested feebly, if at all. But Nixon maintain his long-range policy of a volunteer at Hope Haven Children's Hos federal money 1s "free money." Every candi a nonimposed solution to the Middle pital for more than 29 years. date would use it whether he or she needs it East conflict, asserting that: In announcing the selection of Johnson as or not. recipient of the Big Brother award, Big (9) Public financing would dry up indi The United States must stand firm for a Brother President Jacob F. Bryan IV, said vidual contributions for local candidates. cease-fire that will allow Israel to negotiate this: "We know of no man alive ... who They already have the hardest time raising wi'-h the Arab countries,for secure and de has given more of himself to those around money. Pious supporters of public financing fensible borders. him." Nor do we. probably don't realize that none of the I am convinced that lasting peace in schemes applies to state and local races. the Middle East cannot be brought about (10) Taxpayer-financed elections don't fit CLEAR ACT OF ARAB AGGRESSION our federal pluralistic elections systems. through Arab aggression. Nor can last States vary; districts vary; parties vary; peo ing peace be brought about by an imposed ple vary. big power settlement. Lasting peace in HON. HAMILTON FISH, JR. Minor party candidates and independents the Middle East will only be produced OF NEW YORK run u n der different laws and different pat through meaningful negotiations be IN THE HOUSE OF REPRESENTATIVES terns of tradition in each jurisdiction. They tween Israel and the Arab States. will be encouraged by "free money" to run, Wednesday, October 10, 1973 but will never be given quite enough to beat Mr. FISH. Mr. Speaker, on Yom Kip the incumbent. FRANCIS JOHNSON NAMED NA pur, the holiest day of the year for the The arguments in favor of federal financ TION'S TOP BIG BROTHER ing are not without merit. They do, how Jewish people, Egyptian and Syrian ever, h ave a good deal less merit than the forces crossed the cease-fire lines, and intentions. The proponents always forget to HON. CHARLES E. BENNETT launched an all-out attack on Israel. The say that the same goals can be achieved by OF FLORIDA continued survival of the State of Israel writing responsible rules into a system per has once again been placed in jeopardy. mitting private financing. IN THE HOUSE OF REPRESENTATIVES This latest attack, a clear act of Arab We can achieve our goals of clean, open Wednesday, October 10, 1973 aggression against Israel, will result in elections, with a reasonable chance for chal lengers, through improving our election laws. Mr. BENNETT. Mr. Speaker, my con more bloodshed, and the casualty figures We need a Federal Elections Commission, stituent, Francis Johnson, was recently that have been released thus far indicate better enforcement and reasonable spending recognized for his 45 years of assistance that many Israelis have already given and individual contribution limits. We can to the Big Brother organization by being their lives in defense of their country. do all this with private financing. named the National Big Brother of the Through this action, the Arabs have Public financing gives us no extra clean Year. He has also made substantial con shown that they are unwilling to rely liness. What it gives are: abdication of in on the negotiation route to resolve their dividual political responsibllity; incumbent tributions to other groups including the protection; drab elections; and, worst of all, Sunday School at Epperson Memorial differences with the Israelis. Indeed, the transfer of election control from the people Church, the Boy Scouts, the Boys Home orders had already been given to prepare to the bureaucrats. of Jacksonville, and Hope Haven Chil for this attack when the Arab States were dren's Hospital. Although he has given meeting with Secretary Kissinger at the generously and sacrificially of his worldly United Nations last week and expressing goods to help others along the way of their desire for peace. ARAB AGGRESSION AGAINST While reports indicate that Israel has ISRAEL life, ·hi<> gift of his time, attention, and energies through the years has been in been able to withstand the Arab attack, deed the most unique thing of the won she has suffered heavy losses in aircraft HON. JOE MOAKLEY derful life he has led and continues to and other vital equipment. Scores of Is OF MASSACHUSETTS lead. The following editorial from the raeli planes have been downed and many IN THE HOUSE OF REPRESENTATIVES September 27 Jacksonville Journal points tanks destroyed at the onset of the con out Mr. J ohnson's many efforts on behalf flict. While we do not have exact figures. Wednesday, October 3, 1973 of young people: it is clear that Israeli losses have been Mr. MOAKLEY. Mr. Speaker, I join LIFETIME OF SERVICE substantial. with other concerned colleagues in ex Selection of Francis Johnson of Jackson Therefore, I have cosponsored a reso pressing both shock and sorr.ow at the ville as National Big Brother of the Year is lution calling. for the accelerated deliv new Arab attack against Israel. At this appropriate recognition of the many years ery to Israel of all U.S. aircraft and other very moment Israel is fighting valiantly of unselfish service this 83-year-old Jackson equipment which Israel is scheduled to to defend herself on two borders, with ville resident has given in helping the youth purchase from the United States under of his community. the current United States-Israeli agree recent Iraqi reinforcements added to Johnson has been actively associated with those of Syria and Egypt. In the short the Big Brother program since 1928--45 years ment, and for a loan to Israel of U.S. 25 years of her history, Israel has been ago-when he first joined it as a volunteer. aircraft and other equipment if new forced to fight four wars, of which the He has been a member of the board of di planes and equipment are not yet con latest-a vicious attack on the holiest rectors for 39 years. structed. day of the Jewish year, Yom Kippur- During that period, he has contributed There are several compelling reasons 33700 EXTENSIONS OF REMARKS October 10, 1973 for taking this step. Israel has been suc Certainly the chief of a police force in As it is the lOth day of the lOth month, cessful in past conflicts with the Arabs a city of 800,000 residents is fully aware it is thus called the Double Tenth. largely because of Israeli supremacy in of the necessities of making the police In San Francisco, Double Tenth brings the air. If we fail to provide Israel with force responsive to the needs of the com forth one of the two major annual fes additional aircraft at this time, we would munity, including in the Washington tivities-Chinese New Year being the in effect be denying the Israelis their case, serving the Federal interest. The · other-observed in the Chinatown, at strongest weapon against the Arabs. In police force is however basically a local tracting as a rule hundreds of thousands addition, as President Nixon has often force, charged with basically local re of tourists and local residents to watch stated, there is a need to maintain the sponsibilities. the famous Chinese dragon dance, and balance of power in the Middle East. It There are also arguments that the city the long parade. Traditionally each year i:a essential, therefore, that we match the would not be able to deal effectively with in New York, in addition to celebrations Arab aircraft that is now being replaced emergency situations. It is clear that the in Chinatown, the mayor proclaims the by the Soviet Union. President has the inherent power tore Double Tenth as a special day in honor Since the establishment of the State of quest the police force to deal with an of the Republic of China. Since the Israel in 1948, the Israelis have proven emergency situation. It is also certain Chinese Communists seized power on the their commitment to a democratic form that the power to call up the National China mainland, members of the Chinese of government. I strongly feel that the Guard would not be affected by H.R. communities in major American cities United States must demonstrate our 9682. The President could, under any have observed the Double Tenth as a commitment to the continued survival of circumstances, call up the Guard to pro significant occasion to rededicate them that democracy. tect the Federal interest. I have been as selves to the spirit of freedom and sured of this, in a legal opinion, by the democracy. commanding general of the District of I am delighted today, on the occasion Columbia National Guard. of the Double Tenth anniversary, to add CONTROL OF CRIME UNDER The implication, embodied in argu H.R. 9682 my congratulations to those of my col ments that crime increases result from leagues and to publicly restate my dedi home rule, is a particularly serious one. cation to freedom and democracy and Opponents of self-determination for the to the continued health and prosperity HON. CHARLES B. RANGEL District are implying that the local gov of the Republic of China. Truly, the en OF NEW YORK ernment of the city, specifically the tire free world owes to the Chinese peo IN THE HOUSE OF REPRESENTATIVES Mayor and City ~ouncil, would act in bad ple on the Island of Taiwan a great debt Wednesday, October 10, 1973 faith. That implication is malicious in of gratitude for their courageous example intent, and has deep racist biases. Op in defense of freedom and democratic Mr. RANGEL. Mr. Speaker, opponents ponents would like, but are unable to government and the spirit of peace and of the bill presently under consideration, state, openly, that a black elected official brotherhood in which they have assumed H.R. 9682, have used a wide variety of would appoint other officials of poor an increasingly significant place among rationales for their positions, many of character, or of poor judgment and are the family of nations. them of dubious merit. One such ration biased in favor of black residents. Their ale, commonly used by persons against arguments are entirely without factual home rule is that home rule will result basis and I personally resent the implica in a drastic increase in the crime rate tion. MIDDLE EAST SITUATION for the District. In short, arguments that crime would I would like to discuss three aspects of increase under home rule are simply this argument to demonstrate that they subtle means for denying the full rights HON. PETER A. PEYSER are not meritorious. of citizenship to the residents of the Dis OF NEW YORK First, a letter to Chairman DIGGS, trict of Columbia. from the Chief of the Washington Met IN THE HOUSE OF REPRESENTATIVES ropolitan Police Department, Jerry Wednesday, October 10, 1973 Wilson, makes several rather pertinent Mr. PEYSER. Mr. Speaker, my conver comments about the cancer o:L crime in THE DOUBLE lOTH sations with the Defense Department this Washington. Chief Wilson stated: morning have made it unquestionably This city has just come down from a peak clear that the Arab nations committed of ordme which was reached after some eleven HON. FLOYD SPENCE the act of aggression in their launching years of almost constant increases. Few OF SOUTH CAROLINA would disagree that crime reductions of the of the attack against Israel on October 5, past three years reflect in large measure IN THE HOUSE OF REPRESENTATIVES 1973. massive Federal initiatives, both in Presi Wednesday, October 10, 1973 The very fact that Israel had not dential leadership and Congressional legis mobilized its forces should be clear evi lative action. Obviously, it is easy to argue Mr. SPENCE. Mr. Speaker, the Repub that Federal control of local affairs deserves lic of China marks its 62d birthday on dence to the world that Israel was not credit for the crime reductions, but to make October 10, a day to be celebrated not planning to launch an attack. I under that argument, one must also agree that only by her own citizens and overseas stand that the Israeli mobilization is now Federal control of local affairs shares most Chinese elsewhere, but also in every complete and that the Israelis are now of the blame for the twelve years of crime Chinese community throughout the on the offensive. increase. (Emphasis added.) United States. The Police Chief added the following There is no question in my mind of the comments with regard to those persons Led by Dr. Sun Yat-sen, young Chinese ability of Israel to overcome the Arab who have apprehension about local con patriots changed the course of world forces, as long as scales are not tipped by trol over the police force: history 62 yeare ago. Earlier attempts to the introduction of additional Soviet Personally, I feel that apprehension over overthrow the Ching Dynasty had failed. equipment, particularly with more sur local control of police power in the District is The uprising which began at Wuchang, a face-to-air missiles. For this reason, I misplaced. My own sense of this community city in central China, on October 10, 1911 am calling for an immediate and con is the overwhelming ma1ority are responsible was finally successful. In less than 3 citizens who want effective law enforcement months the Manchus were gone and the tinuing surveillance by the Departments just as much as residents do in any other Republic of China, the first republic in of State and Defense of the Mideast situ city. If the city of Washington is to be Asia, was born. ation, a:qd if we receive reports that treated substantially as a local community, would indicate increasing support the albeit a special one, rather than a federal In commemoration of the uprising to enclave, then there is no reason to deprive which led to the birth of the Republic, Arab nations by the Soviet Union, I am local citizens of control over that fundamen October 10 has since been chosen as the sure that Congress will immediately re tal local service, the police force. National Day of the Republic of China. spond by authorizing necessary equip- October 10, 1973 EXTENSIONS OF REMARKS 33701 ment to be dispensed immediately to the INCUMBENTS ARE HARD TO BEAT available to Members. Of special interest Israeli armed forces. Furthermore, I am is the following table, the last column of preparing a resolution to be introduced which shows the remarkably high per in the House should evidence of Soviet HON. BILL FRENZEL centage o! incumbents who were re intervention become clear. I know where OF MINNESOTA elected in general elections. the sympathies of the American public IN THE HOUSE OF REPRESENTATIVES Some of these incumbents were un lie in this matter and I am equally con Wednesday, October 10, 1973 seated by other incumbents after re fident of the ability of the Israeli Govern Mr. FRENZEL. Mr. Speaker, in April districting. It is a rare case where a chal ment to gain victory against this naked of this year the Library of Congress com lenger defeats an incumbent. aggression. pleted a survey of elections which is The table follows:
Percentage of Percentage of Total number ofi ncumbents- incumbents Total number of incumbents- incumbents running in running in Running in Elected in Defeated in general Running in Elected in Defeated in general Defeated in general general general election, Defeated in general general general election, primary election election election elected primary election election election elected
1956: 1966: House ______404 389 15 96.29 House ______11 402 362 40 90. OS Senate ______--- __ 28 25 3 89.29 Senate ____ ------3 29 28 1 96. 5~ 1958: 1968: Hou se______393 355 38 90. 33 House ______3 401 396 Senate ______5 98.75 31 20 11 64.52 Senate_------4 24 20 4 83.33 1960: 1970: House______------6 400 374 26 93.50 House ______7 :m 379 12 96.93 Senate ______----- 0 29 28 1 96.55 Senate ____ ------1 29 23 6 79.31 1962: 1972: House ______House ______12 I 396 389 22 98.23 a 13 '380 • 367 13 96.58 Senate ______1 34 29 5 85.29 Senate_ ------2 25 20 5 79.31 1964: House ___ _------44 389 344 245 88.43 Senate _------4 32 38 4 87.50
1 Figure excludes the reelection of the late Representative Clem Miller (D. Calif.). Miller died a Figure does not include the primary defeat of Representative William Conover (R. Pa.) Conover shortly before the election, yet he was still elected defeating Don H. Clausen (R). Clausen was did not become a Member of Congress until after his primary defeat. subsequently elected in a special election Jan. 22, 1963. • These figures include the reelection of Representative Hale Boggs (D. La.) and Representative 2 Figures tnclude Oliver P. Bolton, formerly of the 11th District in Ohio, who ran at large and Nick Begich (D. Alaska), whose airplane disappeared in Alaska Oct. 16, 1972. was defeated.
Percentage of Total number of incumbents- Percentage of Percentage of Total number of incumbents- incumbents incumbents Total number of incumbents- incumbents running in Running in Elected in running in running in Running in Elected in ~eneral general general ~eneral Running in Elected in general general general e ection, election elections e ection, general general election, election elections elected in a in a elected in a election elections elected 1956-72 1956- 72 1956-72 presidential presidential presidential in a non- in a non- in a non- election election election presidential presidential presidential year, year, year, House ______election election election 3, 551 3, 350 94.34 1956-72 1956-72 1956-72 year, ?eear, year, Senate ___ ----- 261 221 84.67 1956-72 19 6-72 1956-72 House ______1, 969 1, 865 94.72 Senate ______138 121 87.68 House ______1, 582 1, 485 93. G7 Senate ______123 100 81.30
ENERGY R. & D. ADVISORY COUN committee to publish "timely notice" of The Energy Research and Development Ad CIL GIVES SHORT NOTICE OF its meetings, which the Office of Manage visory Council will hold a meeting on October MEETING ment and Budget has interpreted to 11, 1973, in the Old Executive Office Build ing, Room 248, 17th and Pennsylvania Ave mean at least 7 days before the date of a nue, Washington, D.C. The meeting will meeting. The OMB guidelines allow for commence at 11 : 15 a.m. local time and last HON. DAVID R. OBEY exceptions in emergency situations, until 3:30 p.m., except for a. one hour break OF WISCONSIN which is reasonable, and for shorter ad for lunch at 1 p.m. The meeting will be for IN THE HOUSE OF REPRESENTATIVES vance notice "when 7-days notice is im the purpose of discussing matters related to national energy research and development Wednesday, October 10, 197 3 practicable," which is not reasonable, be cause it simply provides a cover for policy and programs. Mr. OBEY. Mr. Speaker, the Energy sloppy committee management. The Advisory Council was established by Research and Development Advisory the President on June 29, 1973, and an On a subject of such vital importance nounced in his Energy Statement of the same Council of the Energy Policy Office will as national energy R. & D. policy, it be date. The objective of the Council 1s to help hold a public meeting at 11:15 a.m. to hooves the Federal Government to com ensure the development of comprehensive morrow in the Old Executive Office ply fully with the advisory committee technological programs to meet the Nation's Building to discuss matters related to na statute and give ample public notice that energy needs. It would do this by providing tional energy R. & D. policy and pro a meeting w'ill take place. The fact that independent advice to the Energy Policy Of grams, but it may be public in name only. this meeting notice is dated October 5 flee on matters relating to energy R&D. The effective way to turn a public Members of the public wlll be admltted suggests it was hardly "impracticable" up to the limits of the capacity of the meet meeting into a private gathering is to for the notice to have been published ing room. Members of the public who plan give either no notice of it or short notice, earlier. to attend the meeting are requested to so and the Energy R. & D. Advisory Council The text of the meeting notice in to.. inform Dr. William McCormick, Executive has done the latter. The meeting notice day's Federal Register follows: Secretary of the Advisory Council prior to not only appears in today's Federal ENERGY POLICY OFFICE: ENERGY RESEARCH October 11, 1973. Dr. McCormick can be Register, just 24 hours ahead of time, but AND DEVELOPMENT ADVISORY COUNCIL contacted in Room 472, Old Executive Office asks that members of the public plan.. Building, Washington, D.C., or on (202) 456- NOTICE OF MEETING 6575. ning to attend RSVP Dr. William Mc Pursuant to section lO(a.) (2) of the Fed WILLIAM T. McCoRMICK, Jr., Cormick, Executive Secretary of the Ad eral Advisory Committee Act (Public Law Executive Secretany, Energy Research visory Council, "prior to October 11." 92-463, 86 Stat. 770), the Energy Policy Of and Department Advisory Council. I might note that the Federal Advi flee announces the following public advisory OCTOBER 5, 1973. sory Committee Act requires an advisory committee meeting. [FR Doc. 73-21633 Filed 10-9-73; 8:54am) 33702 EXTENSIONS OF REMARKS October 10, 1978 IMPOUNDMENT OVERVmW That Mr. Nixon started the impoundment Another undeniable fact is that the Nixon technique. The ploy was first used by Presi Administration has been impounding money. dent Thomas Jefferson to defer gunboat con even by O.M.B. figures, at a greater rate than struction in 1803 and has gone on for years. in the past: $53.2-blllion during its first HON. J. J. PICKLE That impoundment is impoundment is im five years in office, vs. for example, the John OF TEXAS poundment. There are at least four types, son years when $39-bllllon was impounded. IN THE HOUSE OF REPRESENTATIVES only one of which is currently at issue. According to the Democratic Study Group: That the issue is one of liberals vs. con Wednesday, October 10, 1973 servatives, or Republicans vs. Democrats. "Following the Second World War, impound ment was used as a device to cut back de Mr. PICKLE. Mr. Speaker, a recent Some conservatives or Republicans have come out against the President's position while fense appropriations no longer required for article by Richard Lyons in the New York some liberal Democrats have thrown in with the war e1Iort. In the following 25 years, Times, gives an excellent overview of the him. impoundments by the executive grew slowly impoundment controversy. Importantly, until the Nixon Administration came into That impoundment does in fact hold infta office. it mentions a forthcoming study which tion. A University of Florida study to be re shows that the impoundments which leased next month shows impoundment has "Following the 1972 election the use of im are the subject of pending legislation had a negligible effect on the Consumer Price poundment reached crisis level. The President in the Congress and which are now being Index and further, may be costing 100,000 decimated programs for housing, agriculture jobs. and water pollution control by refusing to contested in courts across the land, do spend funds provided by Congress." not help in the fight against infiation. THREAT TO BUDGET In seeking to curtail spending for water The result during the last year has been The report indicates that these impound pollution control, education and health pro the filing of more than lawsuits by at least ments not only have had little effect on grams and high way and housing construc 18 states and the District of Columbia. Per the consumer price index, they may be tion, Mr. Nixon has taken the position that to haps a dozen other states have joined in costing us as much as 100,000 jobs. spend all the funds voted by Congress would the suits as intervenors. I commend this article to my col be "budget breaking." In addition, he feels New York City filed a suit in May against leagues and include it in the REcORD at that the spending of vast sums would only the Environmental Protection Agency seek this time: contribute to rampant inftation. ing the allocation among the states of $11- [From the New York Times, Oct. 7, 1973] But the executive impoundment project at blllion in fiscal 1973 and 1974 funds to con the University of Florida's Holland Law Cen trol water pollution. The United States Dis NIXON'S IMPOUNDING OF BILLIONS IN FEDERAL ter claims otherwise. Its statistics show that trict Court for the District of Columbia held MONEY Is COMPLICATED ISSUE, ABOUNDING if $8.7-billion in additional Federal funds had that the Administration should allot the IN MISCONCEPTIONS been spent during the fiscal year 1973 the money. The case has ben appealed by the (By Richard D. Lyons) effect would have been only one-tenth of a Justice Department, which has handled the WASHINGTON, Oct. 6.-In 1970 the Missouri point on the Consumer Price Index. suits for the various Federal agencies. Highway Commission sought Federal funds Dr. Irving Goffman, chairman of the uni Irving Jaffe, acting head of the Justice De due the state from gasoline taxes to help versity's department of economics, added that partment's Civil Division, said it was working complete Interstate 44 through St. Louis "100,000 is a very reasonable estimate of the on about 40 impoundment suits with a staff and for other roads. But the money was un number of jobs that might have been created of six to eight lawyers. available because the White House wanted had there not been impoundment." Perhaps the one point that is not at issue "This is new in law-the relatively novel to cut spending and thus put a brake on in question on basic issues," he said. "Con flation. in the controversy is that the amounts of money at stake are undeniably huge. The gressional vs. executive responsib111ty has The result of the seemingly mundane come up before but only broadly." squabble was a lawsuit against the Depart Office of Management and Budget, the White ment of Transportation that the highway House group that keeps the books, conceded "We anticipate a Supreme Court ruling on commission won, a blizzard of similar suits on Feb. 5 that "budgetary reserves" for the this," Mr. Jaffe said, adding that it would by state and special interest groups against various Federal agencies $8.7-b1llion, a figure help to clear the air because, for example, the 10 other Federal agencies over the withhold that has been widely quoted as the size of issue of exactly what impoundment is not ing of Federal funds. A major confrontation the impoundment nut been defined. between the White House and Congress over This led Senator Robert P. Griffin, Repub lican of Michigan, to note that $8.7-billion Parliamentarians place impoundment in which controls the purse strings, and the four categories, as follows: addition of the word "impoundment" to the was only 3.5 per cent of the total Federal Federal lexicon. budget, although previous Administrations Turning back to the Treasury funds left Viewed by an accountant, the issue might had impounded over twice that figure. over after a program has been completed. only be that of money-$28-billion worth, or The amount went unchallenged-then The freezing of funds by the President un $14.5-b1llion, or $18-b1llion or even $21-bil but the Democratic Study Group pointed out der specific orders of Congress under certain Uon, depending on who is counting and how. the next week that the compilation of the conditions, such as the failure of a school Some Congressmen have pictured the im Office of Management and Budget "left out district to desegregate. poundment issue as an embattled Senate and the-$6-billion of authorized contract author ity which the Environmental Protection The leaving by Congress to the President House pitted against the "one-man rule" of discretion not to spend funds, customarily President Nixon, as House Speaker Carl Al Agency has been ordered not to allocate to bert put it. the states." used in military appropriations. Some constitutional authorities may re With the inclusion of the unused $6- The withholding of money, without Con gard impoundment merely as the interpre billlon in water pollution abatement funds, gressional authority, for programs that are tation of that section of Article I that states the magic number on impoundment rose c~nsidered by the President to be incompati that "no money shall be drawn from the steadily. ble with his own set of budget priorities. treasury but in consequence of appropria "As far as I can tell the amount is between The result of the Congressional verbiage tions made by law." $12-blllion and $13-b1llion," said Represent ative Brock Adams, Democrat of Washington. has been the passage of anti-impoundment And to some in state government the issue measures by both chambers, although the is not only money but also deception, even Other members of Congress, such as Repre outright "lying," by some Federal agencies senative Paul G. Rogers, Democr·at from House and the Senate versions differ marked about the amounts of Federal money due Florida, detected what they believed to be ly, The two versions would, with Congres their local counterparts. overlooked impoundment funds in health sional approval, allow impoundment of the The impoundment issue is complicated, in and medical research programs. type Mr. Nixon has employed, but the con part because practices dating back 170 years, The number then was set at $18-blllion by ditions vary radically. A House-Senate con to the conflicting wording of even recently Dr. Louis Fisher, an analyst at the Library ference committee is to consider the dif enacted legislation, to the lack of a clear of Congress, who said last week that it might ferences next month. decision by the Supreme Court, and to the have dropped back to $16-billion. Officials of If the differences are resolved by Congress current struggle between the President and some states that have filed impoundment and the result signed by Mr. Nixon, or vetoed Congress over unrelated matters such as the suits say the figure is $21-blllion because of Watergate tapes. O.M.B. errors. by the President and the veto is overridden And the misconceptions about impound by Congress, the result could stlll the rash "The perplexing thing is that everyone may of suits. ment abound, among them the following: be right because the complexity of the Fed That the Missouri highway fund case, one eral budgetary process allows everyone to do "The states are in an uproar over impound of the few to have been decided, was solely the his own arithmetic and come up with his ment,' said Lyle McLaughlin, assistant chie:t result of Nixon Administration actions. The own set of wholly justflable numbers," said engineer of the Missouri Highway Commis impoundments actually started during the one long-time observer of the Federal num sion, which brought the first suit, an action Johnson Administration. bers game. that netted the state $84-million. October 10, 1973 EXTENSIONS OF REMARKS 33703 A FORGOTTEN DAY IN AMERICAN control the many when nature has scat The President wanted to increase the HISTORY, THE BIRTHDAY OF THE . tered so much talent through the conditions present $1.60 minimum wage to $1.90 im CONSTITUTION of men." mediately and then increase that to $2.30 Jefferson: "The Constitution must be used over a period of three years. His plan included to protect the people from swarms of officers a youth differential. HON. JOHN R. RARICK who would harass them and eat out their But Congress didn't like his plan. It passed substance." a bill to hike the minimum wage to $2 in OF LOUISIANA On July 4, 1976, we will celebrate the Two November and then increase it again to $2.20 IN THE HOUSE OF REPRESENTATIVES hundredth Anniversary of the Declaration as next July and didn't include a youth differ Wednesday, October 10, 1973 a Republic or as a monopoly-welfare state, ential. President Nixon didn't like that plan and it will be "we the people" who will decide and vetoed it as "grossly inflationary." Mr. RARICK. Mr. Speaker, September which it shall be. Nobody is arguing against increasing the 17, 1973, marked an important birthday Those 56 who signed the Declaration, minimum wage. However, a 60-cent-an-hour in this Nation's history, yet it passes with feared undue power more than anything else. wage increase in less than a year's time (as little or no fanfare and was buried under So did the 55 who signed the Constitution. Congress wanted) would only add more kin the headlines of Watergate, the energy They were predominantly decentralists dling to inflationary fires. It could also have which both President Eisenhower and Gen the effect of eliminating jobs for unskilled crisis, and inflation. That date was the eral MacArthur advised us all to become if workers since the minimum wage, increas birthday of the U.S. Constitution. we would save our Liberties. ing too fast, could put companies in a posi We are reminded almost daily that Yet-we plan a Bicentennial of painted old tion of no longer being able to afford to hire "grave constitutional questions" need buildings, political oratory, parades, parks the unskilled. Instead of hiring workers to answering. If Government operated on and hoopla, instead of setting goals to end do menial tasks, companies probably would the basis of that document, rather than all deficit financing by July 4, 1976; turn our go further down the road of automation and Executive order, bureaucratic fiat, con Indian and civil rights problem around; a let machines do them. gressional rubber stamping, those "grave turn-around of monetary and energy crises, Quie's compromise blll has many good with other such goals as a turn-around of points. It provides a youth differential of constitutional questions" would already the socialistic dependencies of the federal 80 per cent of the minimum wage. And that be answered. government, and a turning back to the wide is important to students who are looking for .t\,t a time when Government has grown spread, independent ownership of farm, jobs during the summer months. Under his isolated from the average citizen, not home, bank and other enterprise, wherever bill (the only one introduced since Nixon's only because of its massive bigness but practical and possible. veto) the minimum wage would increase to because of its inability to listen to the On its 1973 Anniversary, the Constitution $2 two months after enactment and then wishes and desires of the people, we is in the greatest danger since its birth, for would increase to $2.30 over a three-year should do more than merely pay lip serv it is now argued that every crisis faced by period. we the people, by Congress, cannot be solved Spreading the increase out over a period ice to the document that began our tra under its provisions. That "government of of years makes good sense. If the increase dition of freedom. the people, by the people, and for the people" were to come in less than a year as the vetoed A return to the principles of the orig has failed-as Hamilton predicted it would, bill proposed, it could have a terrible ripple inal Constitution is needed. If we are to and which Washington feared more than he effect with increases at the bottom leading to disentangle ourselves from the over feared death. larger increases at the next level and then grown web of centralized Government, If Jefferson, Madison, Franklin, and Wash on and up to the end of the line. And 1973's and to regain that highest degree of in ington were alive today, they would be say economic atmosphere is hardly the right time ing: Decentralize For Liberty-the greatest to spur a round of wage increases that start dividual liberty that the writers of the Frontier that ever challenged the courage big at the bottom and spiral bigger to the Constitution intended almost 200 years and patriotism of a free people. It is a race top. Quie's bill would spread out a 70-cent ago, the return must be now. between the concerned; and the uncon an-hour increase over a three year period I insert the following related news cerned; between apathy and purpose, and and give the economy a chance to absorb it. clipping at this point: the stakes are The American Heritage. We think Quie has the right idea. If the [From the Cincinnati Enquirer, Sept. 17, Democratic Congress is as concerned as it 1928] says it is about the plight of the unskilled worker, then it will see the merits and the (By Ed Wimmer) MINIMUM WAGE COMPROMISE BILL sense of the compromise bill instead of work WHO ARE-"WE THE PEOPLE"? ing for legislation that could hurt instead "The Constitution will last only so long as of help the unskilled worker and the econ the ideals of its architects are dominant." omy. On September 17, 1787, the Constitutional HON. BILL FRENZEL Congress emerged from five months of secret OF MINNESOTA deliberations, with a document which Glad IN THE HOUSE OF REPRESENTATIVES stone was to describe as "the most won THE GREAT PROTEIN ROBBERY: derful work ever struck off at a given time, Wednesday, October 10, 1973 NO.6 by the brain and purpose of man." Later, Abraham Lincoln was to say: "It will ever be Mr. FRENZEL. Mr. Speaker, since the no child's play to save the principles of House's vote to sustain the Presidential HON. GERRY E. STUDDS the Constitution, and its framers." veto of the minimum wage legislation, OF MASSACHUSETTS my colleague from Minnesota (Mr. QuiE) Still later, Calvin Coolidge told Americans: IN THE HOUSE OF REPRESENTATIVES "Our country is entering a socialistic era in has introduced what appears to be a which I do not belong. I am leaving public reasonable compromise bill. The bill of Wednesday, October 10, 197 3 life forever," and, later, Herbert Hoover was fers a fair provision for increasing the Mr. STUDDS. Mr. Speaker, at this to say: "We have builded up an economic minimum wage and includes a provision autocracy, upon which a political autocracy very moment there are literally hun will rise." for a youth differential. In addition, it dreds of foreign fishing vessels operat "We the people,'' the Constitution began, provides for a continued exemption from ing in this country's coastal waters. but our youth ask: "Who am I? How can I overtime for police and fire personnel, as Using the most modern equipment and revere something nobody lives up to?" Yet, was originally intended by the House. I ecologically unsound techniques, these Edmund Burke wrote: "The Constitution hope that the House will be able to ac government subsidized fleets are sys was written for the world. It is a great and cept this measure and I would commend tematically depleting our coastal silent compact between the dead, the living to my coleagues the following editorial marine resources and robbing this and the unborn .... Its Divine purposes make on the bill which appeared in the Roch it so." country and the entire world of an in James Madison, architect of the Constitu ester Post-Bulletin of Rochester, Minn.: valuable source of protein. tion, warned oncoming generations to "Hold QUIE'S COMPROMISE MINIMUM WAGE BILL HAS This is not just a New England prob fast to prograxns, both rational and moral, THE RIGHT IDEA lem, nor is awareness of the threat posed that have as their central goal a constant First District Rep. Albert Quie has co by foreign fleets limited to New Eng diffusion of power." Jefferson, who authored authored what seems a good compromise to land fishermen alone. Last August, the the Declaration, echoed Madison's words the minimum wage fight between Congress when he said to "trust no man with power, and President Nixon. The minimum wage bill Organized Fishermen of Florida, a but bind him down from mischief with the passed by Congress was vetoed by the Presi group of over 1,400 commercial fisher chains of the Constitution.... It is not to the dent earlier this month and the veto was men passed overwhelmingly at their advantage of a Republic that a few should then sustained. directors meeting a resolution support- 33704 EXTENSIONS OF REMARKS October 10, 1973 ing S. 1988 . ..:;:"hat bill, introduced in the SUBCOMMITTEE REPORT ON SUP- vides that recipients of the new SSI Fed Senate by Senator WARREN G. MAGNU PLEMENTAL SECURITY INCOMli: . eral income fioor-$130 per person, $195 SON, and by identical bill, H.R. 8665, PROGRAM per couple-or of State additions to the would allow the United States to pro :floor are eligible for food stamps unless tect coastal fish out to a total of 200 their new cash payments at least equal miles from our shores-and also to the total of the State welfare payment protect anadromous species such as HON. MARTHA W. GRIFFITHS and the food stamp bonus that would salmon-until effective international OF MICHIGAN have been received in December 1973. action is taken. IN THE HOUSE OF REPRESENTATIVES This sounds good in theory, but the prob The Organized Fishermen of Florida Wednesday, October 10. 19'13 lem is that these benefit comparisons recognize that we must control foreign will have to be made on a case-by-case fishing in our coastal waters by passing Mrs. GRIFFITHS. Mr. Speaker, the basis, and for all future applicants as H.R. 8665 in order to stop the great Joint Economic Committee's Subcom well as for the December 1973 caseload. protein robbery occurring right now off mittee on Fiscal Policy, of which I am In my judgment this is an impossible pro our coasts. chairman, has just released the lOth in a vision. It will be an administrative night RESOLUTION OF ORGANIZED FISHERMEN OF series of staff studies on public welfare mare. FLORIDA programs. This latest study is entitled Presently, when an aged person applies Whereas, the Organized Fishermen ot "The New Supplemental Security Income for Federal-State old age welfare assist Florida are cognizant of the serious deple Program: Impact on Current Benefits ance, the State figures out the cash grant tion of United States fisheries stocks, and and Unresolved Issues." It is a thorough amount, certifies eligibility for medicaid, Whereas, other United States fisheries analysis of how the Supplemental Se and, for those who want food stamps. stocks are being threatened by this same curity Income-or SSI-program will computes their entitlement. This proce encroachment by foreign fishing fieets, and, work and what its impact on recipients Whereas, it is apparent that the various dure has been made even more compli commissions, and committees charged with and on other programs will be. cated under the new SSI program be actions to preserve our fishery resources Effective January 1, 1974, the present cause of the food stamp amendment. have been unable to produce satisfactory State-administered public assistance First. The applicant will go to the So results, programs for the aged, blind, and dis cial Security Offi.ce, where the agency will Now therefore, be it resolved that, by abled will be replaced by SSI, a nation compute his SSI payment on the basis of overwhelmingly favorable action, at a quar ally uniform Federal program run by the terly Directors Meeting, o! the Organized uniform national rules. Social Security Administration. Some Second. If the Federal Government Fishermen of Florida, on August 25th, 1973, States will supplement SSI benefit lev at Tarpon Springs, Florida, we do support also administers the State supplemental S. 1988, a Senate bill to extend on an in els, which initially will be set at $130 a welfare payment, Social Security then terim basis the jurisdiction of the United month for an eligible individual with no must compute that payment using State States over certain ocean areas and fish other income--$195 for a husband and rules which will be different from those in order to protect the domestic fishing wife. These amounts will be raised by $10 that apply to SSI. industry. and $15 respectively in July 1974. Third. Somebody will have to compute Duly recorded in the minutes of the above The launching of this new assistance mentioned meeting this 25th day of August, what the welfare payment for this per program is a perfect example of how dif son would have been under the still dif 1973. ficult it is to put a good idea into prac ferent set of rules which applied to the tice when both Congress and the execu State's welfare program in December THE MIRACLE OF THE METS tive branch try to deal with welfare 1973, and the food stamp agency will problems in an uncoordinated, piecemeal have to compute what the food stamp way. When the House of Representatives bonus would have been under the old HON. CHARLES B. RANGEL passed the welfare reform bill in 1971, State program. The person need never OF NEW YORK we passed a bill which promised compre have actually received this hypothetical IN THE HOUSE OF REPRESENTATIVES hensive reform of all welfare cate amount, since this rule will apply to new gories-needy families, the aged, the Wednesday, October 10, 1973 recipients as well as old. blind, the disabled-an easing of the Fourth. The total of the old welfare Mr. RANGEL. Mr. Speaker, in the present administrative nightmare, and a payment and the old food stamp bonus midst of a turbulent and historical day, better deal for the people with the low will have to be compared with yet an word has come of still another event est income. But after 2 years of confer other amount: the total of SSI and State which in its own way surpasses in won ences, Senate rejection of the family as supplement amounts. der the resignation of the Vice President sistance plan, amendments in Congress and the long awaited action by the House and administrative interpretations at Fifth. If the new total is less than-What to provide for the establishment of dem HEW, the new SSI program that emerged would have been paid in cash and food ocracy for the District of Columbia. This ls not comprehensive reform-it omits stamps under the old program, the per event is the winning of the National families with children, who constitute 78 son is eligible to participate in the food League pennant by the New York Mets. percent of current welfare recipients stamp program. The Mets have been responsible for the and it may complicate more than it sim Sixth. Finally, the food stamp bonus coining of a new slogan in New York City, plifies administration. Supplemental se must be recomputed, this time on the "We Believe." Mired in last place as late curity income will make a number of the basis of SSI and State supplementary as mid-August, the Mets rebounded to poorest aged, blind, and disabled persons payments-and any other income-using win the National League East and now better ofl', but in doing so will raise fur up-to-date food stamp rules. have prevailed over the Cincinnat: Reds, ther questions about whether the rela HEW has proposed a change in the law a team who during the season accom tionship between welfare and social which will greatly simplify the way in plished 17 more victories than the Mets security programs makes sense. which food stamps are phased out for and who, according to the analysis of The worst example of how administra SSI recipients. This amendment is now baseball experts, has personnel far su tive streamlining went awry is the food pending in the Senate Finance Com perior to the Mets. stamp situation. The SSI legislation mittee. Yet, today at Shea Stadium, a second called for a "cash out" of stamps to re This subcommittee staff report should miracle of the Mets took place, and to duce the overall administrative burden stimulate some serious thinking about night New Yorkers will have some good and to give recipients more discretion in the interaction between SSI and social news to celebrate amidst the depressing spending their income. But a recent security benefits. Currently, about 7 per realities of war, corruption, and the amendment
The 20% limitation on Money Purchase Requiring that a one year waiting period Section 501 (a) : Disclosure and Fiduciary Pension Plan should be raised to 25% since be the maximum waiting period for entry Standards. I agree th<:~.t there should be obviously this was the intent of Congress into a plan, would be very hard on small cor some fiduciary standards established for when it legislated a maximum of 25% con porations. Current regulations allow a wait plans over and above the standards already tribution under Code Section 404(a) (7) for ing period of up to five years. Most corpora in existence. However, I strongly object to a corporation that has 2 r.lans. tions would rather have a relatively short the special limitations on "Proprietary Em Those in the Senate who favored 75% limi vesting schedule, but a longer waiting pe ployees" contained in Section 511 of 15(c) tation on benefits and 20% on contributions riod. That is typically how small plans are (1) of the Welfare and Pension Plans Dis with the stated intent to eliminate tax avoid handled now. Requiring a on~ year waiting closure Act. This provision is extremely dis ance for high tax-bracket taxpayers' income period and allowing a longer vesting schedule criminatory and since I believe it is the taxes. This reasoning is totally fallacious, would not affect the cost to pay a given re intent of all Congressmen to knock out this since these taxpayers are not avoiding in tirement benefit, however, a shorter waiting provision, it should als-o be deleted in this come tax, but only deferring income tax. period and a longer vesting schedule will Section as well as in 412(c) (1) of the Code. With a 75% benefit for a high tax-bracket cause more employees to come into the plan Section 601: Tax Court Procedure. Once taxpayer, I think it can be readily seen that and take less benefits out of each. This is not the tax court has made a judgment relative his retirement Jncome, whic!l, under the cur good for the employer in that it is costing to a certain situation, would it be possible rent law would be taxed at ordinary income more in administration costs and it is not to force the IRS in the future to abide by tax rates 1f taken in installments, obviously is good for the employees in that it is one more that ruling in other like situations? Many in a 50% tax bracket. I submit to you that broken promise. This provision should there times we find that even though the tax to allow him to defer taxes is good for the fore be amended to 5 years or at an absolute court has ruled for the taxpayer in a cer country and the economy in a number of minimum, 3 years. tain situation the Internal Revenue Service respects: Section 201 (a): Minimum Age 30. Rela will not live by that decision in other like ( 1) The Social Security system is only tively few small plans ever use a provision situations. funded some 5 mon.ths in advance. The ac for minimum age in that they could not Section 641: Excise Tax For-Auditing. crued 11ab111ty on the par~ of the govern satisfy the qualification requirements of ment is fantastic in that the Social Security Code Section 401(a) (3) (A) and it could also Please note that this is one more return system must pay out blllions of dollars in cause dissension among the employees. If the that the plan must file. the future for benefits already earned. There Bill should make this requirement, it would Section 671: Enrollment and Reports of would not l:>e enough m "lney to send out So not affect most small plans. Actuaries. Please note that this is one more cial Security checks 5 months from now Section 221 (a): Vesting. You will note in report that must be filed. should Social Security taxes not be paid to Exhibit B that only one of the plans would Section 701: Retirement Savings Limita day. These deferred taxes from the private be affected by the vesting provision. The tion on Proprietary Employees Contri pension plans would help to defray this vesting provision would affect very large butions Taxation of Certain Lump Sum Dis emerging liability of the Social Security plans and collectively-bargained plans, and tributions. I agree with the increase in the system. I would defer to the comments of the people deduction allowed for HR-10 plans and the (2) Pension funds provide a massive who administer those plans. allowance of deductions for Individual Re amount of capital for the economy. In the Section 241 (a): Minimum Standards Re tirement Plans. However, I strongly object sense that they are not spent on luxuries or lated to Funding. You wlll note in Exhibit B to the limitations imposed in Section 702(a) current living expenses, they are non-infla that none of the plans are affected by this regarding retirement plans for "Proprietary tionary. provision since most small plans cover future Employees". As I mentioned above, I believe (3) Since it is a requiren:ent that the con service only or usually will write off the past that this whole concept should be deleted tributions be non-discriminatory, when a service liability over a· 10 year period. from the Bill. • large amount of pension dollars are put aside Section 301: Portability. Portability is ba Section 703: Taxation of Certain Lump for higher paid employees, large numbers of sically an excellent idea. It will be extremely Sum Distributions. The 1969 Tax Reform pension dollars are also provided for lower expensive for a small plan. Note in Section Act made a mess out of the calculation for paid employees which puts less of a strain on 305(c), we have one more report. lump sum distributions. This simpler form the Social Security system, the Welfare Pro Section 401: Plan Termination Insurance. form is far superior. gram, State Disability Insurance Programs Basically, I agree with the idea of the Plan Section 704: Contributions on Behalf of and the economy as a whole. Termination Insurance, however, the idea Self-employed Individuals and Proprietary ( 4) Providing larger pensions, often, is of calculating premiums, the idea of making Employees. If I read this correctly, (a) (4) the only way that a small company can at the company liable for part of the loss, and was amended to read "all Corporate Em tract and hold competent employees. Larger the idea of calculating further premiums ployees" as per Section 706 (f). If that is companies have a tremendous advantage in to negate the company's liability are all cer correct, then all employees are limited to a other employee benefit areas and having a tainly complex. Perhaps it would be a good maximum 75% pension regardless of the good retirement plan is one of the few ways idea to have a study on how this is done type of plan. As I pointed out above, and that a small corporation can attract good with government employees that move also, what is obvious from the Study Ex employees. This is good for the economy, in around to various branches of the govern that it would counter the monopolistic trend ment and thereby try to see how effective hibit C, this would play havoc with virtually of business. and how costly it would be for small busi all plans that have an employee under age On each section of the Bill I have the fol nesses. Please note in Section 443 (b), we 40 in the plan. If the 75% limitation were lowing comments: have one more report. Please note in Section imposed it would cause mass termination Section 151: Duties of Plans. The report 462 (d), the subordination of debt and what and curtailments of plans. ing requirements 1n Section 151 should be effect this will have on the borrowing Section 706 (g) : Penalty for Failure to deleted entirely. Some reference can be made capacity of a small corporation when they Furnish Information. Please note in Section to existing reports and perhaps adding pen have a pension plan. Plan assets of small 6691, one more report required. alties for not filing existing reports. I par corporations could be substantially larger as Respectfully yours, ticularly object to the last three lines otf a percentage of total financing than the TRUST CONSULTANTS, INC. Section 151 (f) wherein we have the classic percentage for a large corporation. Please LAWRENCE J. GILSDORF, situation of reporting on reports. note in Section 465, one more report. Please President. Section 201 (a): One Year Waiting Period. note in Section 481 (c) , one more return. Enclosure.
BENEFIT FORMULA-LEVEL FUNDED-75 PERCENT OF SALARY-LESS 1/10 FOR EACH YEAR UNDER 10-ELIGIBILITY=18,65 W/1IYR-FUND ASSUMPTIONS: 6 PERCENT (TO) CURRENT, ANNUITY RATES, LIFE OCC
Years service Monthly Monthly Monthly Total Value at Total Age Sex RT Past Future salary pension social security pension retirement deposit
6 5__ ------M 75 10 8, 333.33 6, 250 269 6, 519 5, 458.52 39,068.56 64 ______------_ M 74 10 8, 333.33 6, 250 269 6, 519 5, 702.56 40,815.24 63 _____ ------M 73 10 8, 333.33 6, 250 269 6, 519 5, 941.07 42,522.34 62------M 72 10 8, 333.33 6, 250 288 6, 538 6, 188.12 44,290.57 61______------___ --- M 71 10 8, 333.33 6,250 288 6, 538 6, 430.04 46,022.08 60 ______--· ______------M 70 10 8, 333.33 6, 250 288 6, 538 6, 677,35 47,792.16 59 ______------_------___ M 69 10 8, 333.33 6,250 . 288 6, 538 6, 670,22 47,741. 13 58 _____ ------___ ------_--- M 68 10 8, 333.33 6, 250 288 6, 538 7, 167. 43 51,299.84 57------_____ ------M 67 10 8, 333.33 6, 250 288 6, 538 7, 414.00 53,064.63 56 _____ ------M 66 10 8, 333.33 6,250 309 6,559 7, 242.18 51,834.85 55 ______----- ______-- M 65 10 8, 333.33 6, 250 309 6, 559 7, 431.63 53, 190. 81 54 ____ --- __ ------M 65 11 8, 333.33 6, 250 309 6, 559 7, 431.63 46,828.34 53 __ ---_------_--- __ ------M 65 12 8, 333.33 6, 250 309 6, 559 7, 431.63 41,558.96 62------__ ------M 65 13 8, 333.33 6, 250 309 6, 559 7, 431. 63 37, 130.18 33730 EXTENSIONS OF REMARKS October 10, 1973
BENEFIT FORMULA-LEVEL FUNDED-75 PERCENT OF SALARY-LESS 1/10 FOR EACH YEAR UNDER 10-ELIGIBILITY=18,65 W/1 YR-FUND ASSUMPTIONS: 6 PERCENT (TO) CURRENT, ANNUITY RATES, LIFE OCC-Continued
Years service Monthly Monthly Monthly Total Value at Total Age Sex RT Past Future salary pension social security pension retirement deposit
51 ------M 65 14 8, 333. 33 6, 250 309 6, 559 7, 431.63 33,361.65 50 ·------M 65 15 8, 333. 33 6, 250 309 6, 559 7, 431.63 30, 121. 07 49 ___ ------__ ------M 65 16 8, 333. 33 6, 250 309 6, 559 7, 431.63 27,309.24 48 ___ ------M 65 17 8, 333.33 6, 250 309 6, 559 7, 431.63 24,850.25 47 ______M 65 18 8, 333.33 6, 250 309 6, 559 7, 431.63 22,685.08 46 ______---- ______--- M 65 19 8, 333.33 6, 250 331 6, 581 7, 431.63 20, 767. 10 45 ______M 65 20 8, 333.33 6, 250 331 6, 581 7, 431.63 19,059.02 44 ------M 65 21 8, 333.33 6,250 331 6, 581 7, 431.63 17, 530.62 43------M 65 22 8, 333. 33 6, 250 331 6, 581 7, 431.63 16, 157. 18 42. ------___ M 65 23 8, 333. 33 6, 250 331 6, 581 7, 431.63 14, 918. 29 41------M 65 24 8, 333.33 6, 250 331 6, 581 7, 431.63 13, 796. 89 40 ------M 65 25 8, 333. 33 6, 250 331 6, 581 7, 431. 63 12,778.70 39 ------M 65 26 8, 333. 33 6, 250 343 6, 593 7, 431.63 11,851. 59 38·------M 65 27 8, 333. 33 6, 250 343 6, 593 7, 431.63 11, 005. 24 37------M 65 28 8, 333. 33 6, 250 343 6, 593 7, 431.63 10,230.80 36 ·------M 65 29 8, 333. 33 6, 250 343 6, 593 7, 431.63 9, 520.63 35 ·------M 65 30 8, 333. 33 6, 250 343 6, 593 7, 431.63 8, 868. 12 34·------M 65 31 8, 333. 33 6, 250 355 6, 605 7, 431.63 8, 267.49 33 ______M 65 32 8, 333. 33 6, 250 355 6, 605 7, 431. 63 7, 713.71 32 ------M 65 33 8, 333. 33 6, 250 355 6, 605 7, 431.63 7, 202. 33 31. ------M 65 34 8, 333. 33 6, 250 355 6, 605 7, 431.63 6, 729.43 30 ------M 65 35 8, 333. 33 6, 250 355 6, 605 7, 431.63 6, 291. 55 29 ·------M 65 36 8, 333. 33 6, 250 355 6, 605 7, 431. 63 5, 885. 59 28------M 65 37 8, 333. 33 6, 250 355 6, 605 7, 431. 63 5, 508.82 21------M 65 38 8, 333. 33 6, 250 355 6, 605 7, 431.63 5, 158. 76 26 ------M 65 39 8, 333. 33 6, 250 355 6, 605 7, 431. 63 4, 833. 20 25 ______--- ____ --- ______M 65 40 8, 333. 33 6, 250 355 6, 605 7, 431. 63 4, 530. 16 24 ______------____ M 65 41 8, 333.33 6, 250 355 6, 605 7, 431.63 4, 247. 85 23 _____ ------______M 65 42 8, 333. 33 6, 250 355 6, 605 7, 431.63 3, 984. 63 22 _____ ----- ______---- ______M 65 43 8, 333. 33 6, 250 355 6, 605 7, 431. 63 3, 739. 03 21 .. ______M 65 44 8, 333. 33 6, 250 355 6, 605 7, 431.63 3, 509. 73 20 ______--- ___ M 65 45 8, 333.33 6, 250 355 6, 605 7, 431. 63 3, 295. 50
TRIBUTE TO HON. I am deeply pleased to have had the teresting, significant, important, and chal J. VAUGHAN GAJ:?,Y honor of paying tribute to the memory lenging positions in our Nation. Last year of Vaughan Gary of Virginia. the total pr!vate and public expenditures for health, education, and welfare approximated 25 percent of the total gross national product. HON. GEORGE H. MAHON I must admit that I did not leave that of fice on January 20, 1969 of my own free will. OF TEXAS FORMER HEW SECRETARY COHEN SAYS REVENUE SHARING A My involuntary retirement was due to forces IN THE HOUSE OF REPRESENTATIVES HOAX beyond my control. Thursday, October 4, 1973 I am delighted that Secretary Weinberger and the President have appointed a. former Mr. MAHON. Mr. Speaker, one of the HON. JOHN BRADEMAS Secretary, Arthur Flemming, to a key Presi truly great Americans with whom I have OF INDIANA dential position in the Department. With served in Congress was the late Vaughan this precedent my hopes for possibly return Gary of Virginia. I was deeply saddened IN THE HOUSE OF REPRESENTATIVES ing to the Department in 1977 are rising with when I learned of his death. Wednesday, October 10, 1973 each day of television. Because we served '-.ogether on the Mr. BRADEMAS. Mr. Speaker, one of I am one of the former Secretaries of Appropriations Committee for nearly 20 H.E.W. who does not believe the job was or the principal points of contention be is an unmanageable one. In this connection I years, our paths crossed almost daily. We tween President Nixon and Congress has join with my Republican colleagues, Secre were intimate friends. been the administration's so-called reve taries Folsom, Flemming and Richardson who During the time Vaughan was in Con nue-sharing proposals. enjoyed their responsibilities-and I might gress, he served as a member of the fol When President Nixon originally pro add, they carried them out with distinction. lowing appropriations subcommittees: posed in 1969 that the Federal Govern I should add that the position is so vola State, Justice, Commerce, and Judiciary; ment turn over substantial amounts of tile that none of the nine previous Secretar the District of Columbia; Legislative; "no-strings" money to States and mu ies of H.E.W. has yet served more than three General Governmental Matters; Treas nicipalities, he assured us he was talking years. I wish Secretary Weinberger well. He ury and Post Office; Mutual Security; has two and one-half years to go to break about new money and that existing pro the record. I think Hank Aaron wm get and Foreign Aid. During his career in grams would not be reduced. there first. Congress he served as chairman of the But, as has so often been the case I began today's discussion by stating some latter three subcommittees. with this administration, we have learn of my biases and prejudices. While I am a. Vaughan Gary was a Virginia gentle ed that "watch what we do, not what we Democrat, I was not appointed Secretary of ma:l in the finest tradition of the State. say" is the appropriate rule for judging H.E.W. because I was a political figure. I He was always kind and considerate, the veracity of the President's promises have publicly supported President Nixon's articulate, and firm but never bombastic. in this regard. proposal for a Department of Human Re He was a scholarly person and truly one During the recent American Bar As sources and for welfare reform, and continue of God's noblemen. to do so. I have opposed his vetoes of H.E.W. sociation convention here in Washing appropriations and legisation and wm con He was beloved by members of the ton, former Secretary of Health, Educa tinue to do so. committee upon which he served and by tion, and Welfare Wilbur Cohen deliv AN IRATE CITIZEN SHARES DISAPPOINTMENT his other colleagues and the staff who ered a brief but devastating ana~ysis of WITH REVENUE SHARING worked for him. what he referred to as the revenue-shar My position today is that of an irate, de He wrought well for his State and ing "hoax". pressed, and disappointed citizen voicing my constituency and for the Nation he Dr. Cohen's comments were right on indignation against the cruel, mistaken, loved. the mark, and I include his speech at this misguided social policy of the present Ad ministration with respect to its handling of Following his retirement from Con point in the RECORD: many aspects of health, education, and wel gress, I had the privilege of seeing him REVENUE SHARING: A HoAX? fare. from time to time. He always maintained (By Wilbur J. Cohen, dean, School of Edu With respect to Federal revenue sharing, the wonderful spirit which had been cation, the University of Michigan) I also believe the Administration policy has characteristic of him during his con The position of Secretary of Health, Edu been one of deception. It was proposed by gressional service. cation, and Welfare is one of the most in- the Administration as an additive source of October 10, 1973 EXTENSIONS OF REMARKS 33731 revenue and instead they have used it as a teristics: to consolidate existing categories and which the Congress stated was in direct substitute source to save money. and give the states and/or localities greater conflict with the intent of Congress. Mayor Kevin B. White of Boston has said: discretion in the use of Federal funds. 3. Reversed in the courts for failure to carry "I'm one who fought for the basic tenets SOME CONSOLIDATION JUSTIFIED out its statutory responsibilities affecting the of the New Federalism, in the form of gen States in education and welfare. eral revenue sharing, for the past three I favor consolidation o! categories of Fed 4. Secretary Richardson was reversed and years. I don't know now what I have, except eral aid wherever desirable and feasible. I strongly supported the proposal enacted in repudiated by the President in the Secretary's that I have less money in the short run and effort to reach a compromise with Senator probably the prospect of less money in the 1972 to substitute one single category of welfare payments for the three separate ones Ribicoff on the welfare proposal which re long run." sulted in the defeat of the welfare revision. Governor Jimmy Carter of Georgia has dealing with the aged, the blind, and the dis abled. I strongly supported one single legis 5. A Commissioner of Education has re said: "Revenue Sharing has been a cruel signed in protest. hoax. Our state's $36 million in revenue lative enactment, adopted in 1972, for four separate categories of social services. These 6. The Commissioner of Social Security re sharing per year, was off -set by $57 million signed because he couldn't support the cut lost in funds when Title IV-A and Title were rational, desirable, and acceptable con solidations. backs proposed by the Administration in XVI of the Social Security Law was first Medicare. amended ... The President's proposed new But I would be against consolidating the funds for West Point and Annapolis with 7. The head of the National Institutes of budget will cut Georgia payments on pro Health was fired for no public reason. grams by at least $174 mlllion more." the Headstart program simply because they both deal with education. I would not rec 8. The head physician in the maternal and REVENUE SHARING-DECEPTIVE ADVERTISING ommend putting in the same legislative for child health program resigned in protest over Congressman Charles W. Whalen, a Repub mat the funds for educating the pages in the lack of support for these programs. llcan from Ohio, has stated: " ... It is evi the Senate with the funds for the Smith 9. The Deputy Commissioner of Higher Ed dent that General Revenue Sharing offers sonian Institution simply because they both ucation resigned in disillusionment over the less 'new money' than advertised, and it is deal with education. Administration's failure to adequately sup categorical commitments. Had I been aware I would not put Federal funds for ele port the 1972 education legislation. last year that Congress was being 'led down mentary and secondary education along with 10. In 1968, I issued regulations, with the the primrose path', I would have voted higher education in the same structure be approval of the appropriate Committee of the against HR 14270." cause they have historically been handled American Bar Association, to give welfare These are not my words. They are the separately in the States and because the clients the ability to appeal to the courts for words ot Mayors and Governors. public-private constitutional and political Judicial review with the cost to be borne by Federal revenue sharing was adopted by issues are different in the two areas. the State agency with the appropriate por . Congress on the recommendation of the What I am trying to say is that one has tion paid by the Federal Government. This present Administration. It was ushered into to consider the similarities and differences, Administration has repealed that regulation legislative reality under false pretences and the historical background, the tradition, the which was aimed at giving the poorest the enacted at the wrong time to meet a prob const itutional, legal, economic and political same effective opportunity for access to the lem with a shotgun when it required only issues before making a determination as to courts as does every other person. one or two rifle shots carefully aimed. what level of government shall do what in Is this a record of pride? Is it a record o! I now proceed to the issue of who should connection with which Federally financed decentralization? Does it demonstrate that call the tune in Federal revenue sharing. program and how categories are to be con we should have confidence in the wisdom, I don't take the position with regard to solidated or related. propriety, ability or social idealism of the present Administrati-on? I say "No." health, education, and welfare legislation MANY DOMESTIC PROGRAMS SHOULD BE KEPT AMERICA'S IDEALISM NOT SERVED BY REVENUE that the State knows best; or the locality OUT OF POLITICS knows best; or even that the taxpayer or SHARING I maintain that there are Federally oper voter knows best. It depends upon what I maintain that revenue sharing-general the problem and the issues are. ated programs which are well run when pol itics is not allowed to enter into the admin and special-as proposed by the Nixon Ad I wouldn't turn over the key issues in the istration of the progra-ms. ministration, is a hoax, a snare, a delusion national social security or Medicare program The Social Security progam is efficiently and which takes us away from dealing with our to be decided by the States or localities. Nor effectively administered. It pays 30 million major social problems. Until we return to would I suggest that garbage collection persons every month. And the administra redesigning Federal programs to deal with the should be handled by the States or the Fed problems of the inner city, the disadvantaged, tive cost of handling the cash ben~fits is eral Government. Some functions must be only 2.4 %-a splendid record. the poor, the minorities, and the heavy tax handled by all three levels: such as police The National Institutes of Health ·is an burdens of the poor- and middle-income and judicial functions. outstanding research agency. It has helped earners, we will continue to see a frustrated As secretary of H.E.W., I opposed proposed to expand and extend medical research with and confused American people. But even legislation to turn over to the Federal attor out a taint of politics. And it distributes more so, the greatness, the vitality, the neys and Federal courts key matters of en some $2 billion a year. idealism, the productivity of the American forcement of alimony and child support of The National Science Foundation is Fed people will not be released and fostered by welfare recipents where pa-rents were in dif erally operated in an effective and . non the policies of revenue sharing under the ferent States. On the other hand, I strongly political manner. guise of decentralization, consolidation, or supported Federal legislation to have a sin Probably the most inefficient and discrim simplification. gle national standard for determination of inatory program in the United States is the the status of wife, child, and marriage for administration of the local property tax. eligib111ty of social security benefits financed Probably the most political of all programs by a nationwide Federal tax. r,re the local zoning decisions. Probably the A LOOK AT NO-FAULT DIVORCE PUBLIC PROBLEMS WILL NOT YIELD TO most graft-ridd.en program is the local po SIMPLISTIC FORMULA lice in some communities. Let us not, therefore, be lulled into be But the most bas!c criticism of both gen HON. MARTHA W. GRIFFITHS lieving that there is a single, simplistic Fed eral revenue sharing and special revenue OP MICHIGAN eral, State or local, a central or local for sharing is that they have been used by the IN THE HOUSE OF REPRESENTATIVES mula for solving all public pollcy issues, or present Administration to try and reduce the that local is better than Federal or Federal Federal financial role in improving social Wednesday, October 10, 1973 bette.r than local per se. programs and to reduce the Federal role in providing aid to minorities, the disadvan Mrs. GRIFFITHS. Mr. Speaker, Vera I submit that what we should look for Glaser has taken a hard look at our is an effective partnership between the Fed taged, and the poor. Yet under Federal rev eral, State and local levels and the publlc enue sharing localities are using the funds short experience with no-fault divorce. and private enterprise on health, education, to build tennis courts and golf courses. I In a series of five articles, she notes its and welfare programs. And that is where the don't think that kind of decentralization is meaning both emotionally and econom present Administration is most vulnerable. what this country needs at this time. ically to the parties involved. At this The Federal-State cooperative system of wel ADMINISTRATION'S ACTION UNDERCUT CONFI- time, I would like to insert in the REc fare, health, and education is at its lowest DENCE IN ITS LOCAL CONTROL INITIATIVE ORD the first article in this excellent status in years. Morale of State Commis How can one have faith and confidence series, which appeared in the Miami sioners is at the lowest level since the De in the purported belief in "decentralization" Herald, The article follows: partment was formed in 1953. Governors, and "local control" in an Administration mayor and State officers have lost confidence which during the past three years: [From the Miami Herald, Sept. 18, 1973] in the ability, integrity, and wisdom of the 1. Is withholding money from States and No-FAULT DIVORCES: FO·R BETTER OR WORSE? present leadership in H.E.W. and OMB. localities which is clearly due them under (By Vera Glaser) SPECIAL REVENUE SHARING . prior policies. (In the past three years, the "no-fault" The Nixon Administration has submitted 2. For proposing changes in the regula idea has been written into the divorce codes four Special Revenue Sharing programs ~ tions dealing with social services which in 43 states. The method sounds like a the Congress. They have two major charac- would have restricted State and local options simple, honest, recrimination-avoiding ap·- 33732 EXTENSIONS OF REMARKS October 10, 1973 proach to ending a marriage. And it often is. Early in their marriage Helen worked as a Most judges have wide latitude. They are But "no-fault" and divorce don't auto secretary to help Leonard earn his graduate human, fallible, and they sometimes hand matically go together any better than love business degree. With the career she helped down bad decisions. and marriage. build now beginning to pay off, she is being "The court sits there and plays God,'' said In this five-part series, beginning today, "ditched for a younger model," to use her attorney Harry Fain of Beverly Hllls, Calif. Vera Glaser examines some of the ramifica words. "The decisions you get are not so much a tions of "no-fault," including the economic As Helen's lawyer summarizes it, under question of law, but of character, bias, tem backlash, the growing ease with which child "no-fault" "the discarded spouse is being perament and personality of who sits in support payments can be sidestepped, and treated about the same as if she's run out on judgement." the National Organization for Women's him. She'll get some support for the kids and AWARDS DWINDLING doubts about the new divorce laws.) some personal maintenance-maybe six In Los Angeles County, Calif., where divorce WASHINGTON.-New-style "no-fault" di months to a year-to tide her over until she traffic is among the nation's heaviest, judges vorce is catching on like gangbusters. finds a job." and lawyers report that awards to women are It's easier, faster, and usually less bit ter Since Helen and Leonard have not been dwindling, but they attribute it to women's to end a marriage that way because neither married 20 years, she can't share his Social growing independence, rather than "no party has to take the "blame." Security and Medicare. fault." Since California pioneered the "no-fault" She'll reenter a youth-oriented job market "There's a recognition that husbands have concept three years ago, all but seven states with limited earning power, and the ms of been getting stuck,'' said presiding Juvenile have included some form of it in their di middle age are looming. Court Judge Wllllam P. Hogoboom. vorce codes. Law professor Michael Wheeler, author of "Women simply have to recognize they It's civilized. It's modern. It cuts the emo a forthcoming book on "No-Fault Divorce," can't have it both ways. If they want to be tional finger-pointing and name-calling say doubts it has changed the dynamics of mar independent, great. But if they want doors marriage counselors, psychiatrists, and some riage, but says, "It changes the necessity opened for them, they must be somewhat of the 15 million Americans who have ex for a man to persuade his wife to give him subservient to men," he said. perienced divorce. a divorce. He no longer has to make as many Could some of the marriages be salvaged?· It's more honest, less demeaning to the concessions on property and children's cus Lawyer Fain thinks'five to 10 per cent could courts. No need now for trumped-up tom tody as he did before." be, with proper counseling. catting or perjury, say lawyers and judges. DIVORCE STATISTICS "They come to me saying, 'I don't want a But the "no-fault" coin has another side. As of now, one out of every three U.S. divorce, but I can't do anything about it,' " While mercifully dissolving marriages not marriages break up. Sixty per cent of them he said. "Ninety per cent of them can't at made in heaven, and some that have ossified involve children under 18. ford it. It seems to me some should be sal on earth, its "quickie" aspects klll off others "It's frightening," said Virginia Anne vaged." that time and effort might have saved. Church, a family law specialist in Clear Fain worries that "we're rubber-stamping And while "no-fault" is swift and has an water, pointing out that the Florida Supreme divorces on what amounts to a two-minute easy sound to it, it hasn't made divorce any Court has ruled that a marriage can be "ir hearing. The courts have abdictaed their less an economic disaster for both parties. retrievably broken if one party wants out, function of trying to maintain whatever In certain types of cases, the absence of even if the other is a "perfect" spouse. tenuous thread there may be in the mar fault-finding has left clearly wronged parties Maryland Gov. Marvin Mandel's much riage." lacking even the sort of economic balm they publicized "walkout" will take longer to would get if they had been hit by a careless reach the divorce court. He has left his wife driver. of 32 years for a younger woman, but unless CAPTIVE NATIONS WEEK IN ECONOMIC BITE Mrs. Mandel cooperates, a three-year separa FREE CHINA Ex-wives in particular feel the economic tion wlll be required under state law. If Mrs. bite. Although spectacular divorce settle Mandel agreed the marriage could be dis ments among -:;he rich and famous capture solved in one year. HON. EDWARD J. DERWINSKI headlines, and the belief persists· that However, Maryland has retained some OF ILLINOIS most ex-husbands are alimony-poor, the "fault" provisions in its code, and Mrs. Man dollar :i. :.nch hits the average ex-wife harder. del if she wished, could sue her husband now IN THE HOUSE OF REPRESENTATIVES With "no-fault" she's even worse off and under those provisions for desertion and/or Wednesday, October 10, 1973 may be forced onto welfare. other charges. She probably could demand Under "no-fault" a marriage can be dis and get--a. handsomer settlement than the Mr. DERWINSKI. Mr. Speaker, for solved by one or both partners by citing judge would award at the end of three years well over a decade the Republic of China "irreconcilable differences," "incompatibil under "no-fault." has consistently sponsored the most im ity," or "irremediable breakdown." Some Michigan's "no-fault" law, after about a pressive annual observance of Captive states merely require a separation period. year in operation was found not always to Nations Week. The 1973 week was no Charges of adultery, desertion, drunken expedite divorces. Sometimes it re-focused exception. In fact, it was the most ex ness and the like are not necessary. acrimony to child custody and property In some states, the judge may delay the fights. tensive and best yet. Naturally it was di decree for a few months if small children ESSENTIALLY UNILATERAL rected at the largest captive nation of are involved, but rarely is it denied. Divorce lawyer Elizabeth Guhring, who them all, namely the some 700-million Perha.ps hardest to take is the knowledge practices in Maryland, Virginia and the Dis mainland Chinese. that removing fault also removes a spouse's trict of Columbia criticizes "no-fault" as "es As further encouraging examples of leverage for a better economic settlement. sentla.lly unilateral divorce. It one says the the week's observance, the following John F. is ·an example. A Californian in marriage is beyond repair, that's it. The other should be of keen interest to our Mem his early 40s, he was shaken and close to can plead, think, wish and hope. It doesn't bers: first, highlights of Pr. Ku Cheng tears as he poured out his woes to his matter. That bothers me terribly." kang's address at the Taipei rally in lawyer. Most of Miss Guhring's clients are men who July; second, excerpts from President John's wife, Betty, 13 years his junior, had she says "either outgrow their wives or put Chiang Kai-shek's message; and third, run off with his best friend, culminating a up with a lousy wife !or 15 years. They want secret months-long affair. The F's have a out, and they've reached a point where they the main points in Vice President Yen !our-year-old child. can afford to get out." Chia-kan's address. Do the circumstances lessen John's legal Among her women clients, she says, a The address follows: obligation to his family? Not necessarily. growing number are in the late 50s, married ADDRESS BY DR. CHENG-KANG "He'll have to support his wife and child 25 years or more. Vice President Yen, Distinguished Guests, In spite of what she's done," F's attorney Studies show that men have initiated most Ladies and Gentlemen: Today in the wake of said In San Francisco--because of "no divorce actions over the years, although wives U.S.-Soviet summit talks and the Conference fault." usually bring the formal charges. The on Security and Cooperation in Europe, the women's movement is beginning to change Under the old law, Betty would have been whole world on the surface is occupied by that trend. thick air of cold peace. Behind the Iron Cur the "guilty" party. The court would have No matter how amicably a couple ap allowed her chUd support, but no alimony, tain in the East and the West, however, cap proaches divorce, bitterness usually develops tive people are waging new series of anti and probably less than half of their jointly over child custody and finances. owned property. Communist struggles. Examples include the In most breakups, husband and wife work recent escape of 50 Russian workers to Swe A FLORIDA CASE out their property split, child custody, and den, the quest of freedom by East Germans In Florida, another "no-fault" state, support arrangement in a written agreement leading to the destruction of the Wall by Leonard S. Is divorcing his wife, Helen, after drawn up with the help of their lawyers. angry West Berliners, and the quickened 18 years of what he terms "boredom . and The judge may approve it routinely, or inflwc of Chinese mainland refugees into the lack of communication." They have two change it to what he regards as "fairer." If Hongkong-Maca.o area. There are adequate teenage children and an income in the the parties can't agree, as often happens, the evidences that the Iron Curtain people are $35,000 range. judge decides, guided by state law. forcibly striking back at the international October 10, 1973 EXTENSIONS OF REMARKS 33733 appeasers who are acting contrary to the flow tions to give further positive spiritual and of Enslavement for Peace." This implies that of time. All these evidences signify a new de material support to the people behind the not only should we seek to restore the right velopment in the anti-Communist move Iron Curtain, develop these people's intel of enslaved people to live free lives but should ment. It is therefore of particularly great lectual faculties, and stimulate the growth also terminate the expansion ot Communism timely significance that we people from the of freedom campaigns in all the Commu and thus protect free people from tyranny. Republic of China's various circles are gath nist-occupied areas of the East and the West. ered here today to call upon all the freedom A surging tide wm then be shaped up to loving people of the world to join forces for steer man's destiny in the correct direction. stepped-up support to the captive people's Freedom restored to the enslaved people FEDERAL BUREAU OF PRISONS AND struggle for freedom. will be a lasting protection for the freedom BEHAVIOR MODIFICATION The advancement of science is enabling of the people who are now free. man to conquer the space. On the earth, however, Communist tyranny is still being PRESIDENT CHIANG KAI-SHEK'S MESSAGE HON. CHARLES B. RANGEL allowed to keep human beings in servitude. Support of the captive nations and peo OF NEW YORK All the Chinese in the free area are deeply ples in their struggle ugainst Communist aware of the graveness of their responsibility tyranny and persecution and for freedom IN THE HOUSE OF REPRESENTATIVES to save the compatriots on the mainland. All demonstrates the moral force of humankind Wednesday, October 10, 1973 the people of the free world must keenly take and constitutes the mainstream of the world note of the solemn moral responsibility in anti-Communist movement. Universal hu Mr. RANGEL. Mr. Speaker, in line restoring the captive people to freedom. man freedom can be assured only after the with my previous extensions of remarks For the whole world to work for an early captive peoples have been freed. World peace regarding the Federal Bureau of Pris return of freedom to the enslaved masses, we can be attained only after captive nations ons involvement in the area of behavior must positively continue to expose Commu have cast off tyrannical rule. nist peace plots, break through the dark cur modification, I have taken the liberty of rent of international appeasement, and turn • • placing another article on this subject in the tide of the world that is now deplorably We believe that the true world peace can the CONGRESSIONAL RECORD. lost in fear and suspicion. To do these things, be brought into existence only after the I am sure that my colleagues will find we must join all the freedom forces, both triumph of human freedom and that this the following article by Mr. Michael Sta behind and outside the Iron Curtain, and triumph can be made manifest only by the mighty combined force of world justice and ebell of the Star-News to be most in... make heroic struggles toward a final victory formative. for freedom. the masses of people shut behind the Iron In the Iron Curtain areas, we must call Curtain. I should like to take this opportu The article follows: upon the captive people to launch all-out nity to express my Wish for success and vic REFORM OR BRAINWASHING?-RESEARCH struggles against dictatorial Communist rul tory in our struggle against Communism and PRISON UNDER FIRE ers. More specifically speaking, efforts should enslavement and for freedom and peace. (By Michael Satchell) include the following: The U.S. Bureau of Prisons, acknowledg In the political field, overthrow tyranny ADDRESS BY VICE PRESIDENT YEN CHIA•KAN ing that the American penal system is in and establish democratic systems, oppose :rt is a great pleasure for me to have the trouble and needs major revamping, has struggle and liquidation, eliminate class opportunity to participate in this rally, which begun construction of the country's first hatred, and fight for individual dignity as climaxes the activities of Captive Nations large-scale corrections research center at But well as freedom to enjoy equal human rights. Week. First, I should like to express my re ner, N.C. In the economic field, abolish all systems spects to every one of you and my welcome Scheduled for completion early next year, of enslavement for farmers and workers, as to U.S. Rep. Jack F. Kemp, who has come the $14 million Butner project is the first sure free management of business and indus from afar, and to the diplomats who have major attempt to learn better ways of han trial enterprises, and win freedom for the been invited to be with us. dling incarcerated criminals since 18th cen people to work as they want and enjoy what Since 1959, the United States has desig tury penologists decided that long prison they produce. nated the third week of July as Captive terms and hard labor were the best crime In the cultural and educational fields, pro Nations Week. These observances will con deterrent. tect national cultural traits, oppose distor tinue until all captive nations have regained Butner will serve a dual role in the federal tion of historical facts, do away with forcible their freedom and independence. This is prison system with one section providing care sending of young people to factories and a manifestation of support for the rightful and treatment for 140 inmates with severe rural areas, and win freedom of learning, aspirations of the people of the world for mental disturbances. freedom of advancement to higher-level freedom and independence. The movement The other half-and the one that is draw schools, freedom of research activities and has won universal support in the free world ing the interest and suspicion of observers freedom to choose occupation. and provided boundless encouragement to on both sides of the jail bars-is the 200-bed In the field of thinking and expression of people shut behind the Iron Curtain. behavior modification unit that will, among views, lift all forms of control imposed in In the last two years, the camp of the other things, experiment with various types the name of Communist teaching, throw the democracies has been confused by the Rus of offenders such ·as alcoholic felons, convicts door open for the expansion of the domain sian and Chinese Communist smokescreen who are members of racial xninorities, passive of thinking, and win for all the people free of peace offensive and chicanery. The de inmates, sexually assaultive prisoners, "high dom of speech, of publication, of assembly, of fense alliance of the free world has been security risks" and the "hard cases" who are association, of the press, of writing and of shaken. Countries have failed to distinguish virtually unmanageable outside of solitary expression. right from wrong and have been lured by confinement. In the area of belief, oppose religious perse immediate profit to accord diplomatic rec Some observers see Orwellian implications cution and win freedom of religious belief ognition to the Chinese Communist regime. in the Butner concept and in two other penal and of preaching. Most states did this with trade in mind. research programs under way at the maxi In matters concerning society, stand firmly Instead of economic gains, recognition has mum-security U.S. penitentiary at Marion, against reform through labor, end secret brought them political trepidation. This de Ill., and the U.S. Medical Center at Spring agent terrorism once for all, disband people's velopment has heralded for humankind an field, Mo. communes, and assure people of security and era in which the atmosphere of appeasement The Federal Prisoners Coalition, an inmate freedom to lead a happy healthy life of their is pervasive and justice and righteousness organization that disseminates information own choice. are suppressed. from behind the walls to Congress and the In the free world, we should increasingly Some of the nations which have made press, has filed detailed protests with the strengthen the unity of free democratic forces deals with the Peiping regime are not aware United Nations on "Project START" at and together provide positive encouragement of its pervasion and tyranny. Their political Springfield and the "Asklepieion Society" and effective support to the Iron Curtain leaders lack a sound philosophy and moral program at Marion. They fear the programs people's fight for freedom. courage. They have betrayed the principle are a.tmed at "brainwashing" prisoners. We also must point out that whoever of justice they used to espouse by "opening "START"-an acronym for Special Treat chooses appeasement and compromise in the the door to greet the bandit." They must ment And Rehabilitative Training-is a be face of the Communists will cause his own accept the responsibility for tragedy. havior modification program for hard core downfall, that wavering and ambiguous at Under the buffetings of adverse interna unmanageable inmates. "Asklepieion" titudes wm inevitably lead to loss of foot tional tides and in all the turmoils of Asia, named for the Greek God of medicine--is an hold altogether, and tt.at individual defeat the Republic of China has pursued its funda inmate self-improvement program based on awaits those who prefer to remain neutral mental and consistent national policy of transactional analysis and Synanon-style or to mind only their own defense. • • • anti-Communism ~ Our country has never group therapy. We therefore urge all the free nations to been discouraged by adversity. It will never Some prisoners and their supporters on the strengthen ties of economic cooperation, pro change its course or allow itself to be in outside express the fear that Butner wm be mote mutual assistance for mutual benefit, fluenced by unfavorable aspects of the ob come one giant brainwashing factory. Dr. quicken the pace of cultural intercourse, and jective situation. Peter Breggin, a penal critic and staff mem furthermore develop these relations into a The theme of this year's Captive Nations ber of the Washington School of Psychiatry, united battlefront for the preservation of Week activities in support of the enslaved worried in a recently published article that common security. We also urge the free na- nations' struggle for freedom is "Elimination Butner could become another Vacaville, the 33734 CONGRESSIONAL RECORD -HOUSE October 11, 1973 California prison hospital where brain sur izing a person does any good at all. We can charges of "brainwashing" ludicrous, a fabri gery, massive drug doses and other contro use modern psychotherapeutic techniques cation and an attempt by inmate radicals to versial techniques were used on prisoners. and try to apply them in a prison setting. create trouble. The uneasiness over the Butner project has VOLUNTEERS PREFERRED Asklepieion, as described by Grader and prompted inquiries by Sen. Edward Brooke, outside observers who have examined the "Maybe we can demonstrate that two years program at Marlon, is a therapeutic com R-Mass., Rep. Ronald Dellums, D-Calif., and served in a prison under certain conditions the Senate subcommittee on constitutional munity of volunteer inmates who live in a rights headed by Sen. Sam Ervin, D-N.C. will be sufficient to rehabilitate an offender. separate section of the prison. Dr. Martin Groder, who organized the Ask We can test out ways of following released It is a psychological program which seeks, lepieion program and who will head the But prisoners into the community and seeing in Groder's words, "to take losers and teach ner facility when it is completed, and Dr. whether they do better by returning to their them how to win." The unwritten prison Robert B. Levinson, the bureau's mental home towns, or whether we can transplant code dictates that a convict does his own health coordinator, describe such fears and them to North Carolina. Here we can do a time, doesn't owe anyone anything, and that criticism as unwarranted. close follow up of their cases." society, here the prison administration, is Both men said that although program Groder, who said he preferred volunteers the enemy. planning for Butner is still in its infancy, for the research, did not rule out the possibil In Asklepieion, convicts are taught to such controversial techniques are electro ity that inmates may be placed in the re break the mold and induced to get out of the shock, massive drug dosage, psychosurgery, search programs. convict role by using several popular psychi sensory deprivation, aversive conditioning One area where Grader clashes with other atric techniques. Transactional analysis, set and negative reinforcement therapy wlll advocates of penal reform is "community cor out in the best seller "Games People Play" have no part in the Butner correctional re rections" which is now gaining support by Dr. Eric Bern.e, gives inmates new guide search. among the more liberal groups. lines for dealing with the pressure cooker Psychosurgery-which has been performed Grader contends that not enough is known living situation in a penitentiary. at Vacavllle-means cutting out a portion of yet about rehab111tation to allow legions of Attack-therapy, a group game popular the brain to modify aggressive or other forms felons to return to the community after ized by Synanon, the California-based drug of undesirable behavior. serving brief prison sentences, and he doubts rehabilitation organization, seeks to strip that the community concept will receive wide CURED AND MEEK every facet of dishonesty and pretense. public acceptance in the near future. The program was started three years ago sensory deprivation, aversive conditioning MORE EFFECTIVE WAYS and negative reinforcement therapy were the and about 100 inmates have participated in techniques used on Alex in the movie "Clock "If we can get a top-notch rehabilitation some or all parts of it. The bureau sees it as work Orange." Alex, who delighted in violence program within an institution,'' he says, "a an amazing success in bringing about major and sexual perversion, was given heavy forced prisoner will be better off than wandering behavior changes among inmates in a peni doses of his avocations, along with drugs and around the streets." tentiary that is the end of the line in the other therapy, and emerged from prison Said Levinson, the bureau's mental health federal prison system. "cured" and as meek as a lamb. chief: "There are always going to be people The shining example is a convict named Said Grader: "In the research section, we in institutions even though more may be Vic Taylor whose long escape record, 61 years will not u se drugs, there will be no psycho returned to the community. What are we of accumulated sentences for armed robber surgery-it's obnoxious-and there wlll be gonna do with them? The idea of Bu1lner ies and hard-core reputation labeled him no major aversive training like in 'Clock is to determine more effective ways of deal one of the toughest in Marion. work Orange.' We may do minor things with ing with the various types of people that Taylor, according to the bureau, had never aversive conditioning. There will be no sen will be imprisoned." read a book in prison. After joining Askle sory deprivation (keeping inmates in total The view of Groder and Levinson counters pieion, he started reading novels, began tak darkness or utter silence). That's old fash the approach advocated by such groups as ing junior college courses inside Marion and ioned." the National Council on Crime and Delin last year received an honors degree in Amer "As long as I am in charge," he stressed, quency. ican studies from Southern Illinois Univer "the work will be in the frame of a hu NCCD director Milton Rector emphasizes sity. He completed the four year B.A. degree manistic approach. We're going to avoid the that the traditional large penal institutions work in 21 months, all inside the peniten Vacavllle-type mistakes." are proven failures in corrections and such tiary. Butner, which was envisioned in 1961 but programs as Butner only further uproot in Project START at Springfield, which also not funded by Congress until 1971, wlll be mates who should be placed in their own has prompted "brainwashing" charges from built close to three universities-Duke, North community programs funded by federal the Federal Prisoners Coalit ion, was begun Carolina State and the University of North money. in September. Unlike participant s in Askle Carolina-with the idea of utilizing the aca Grader and Levinson, who feel the bureau pieion which is voluntary, the inmates in demic talent on tap at these schools. is "dammed if it does and dammed if it START are transferred to Springfield from Originally it was called the "Behavioral doesn't" try new programs, are unhappy with various prisons in the federal system because Research Center" but the name was changed the Federal Prisoners Coalition which has they are constant troublemakers and unre recently to the "Federal Center for Correc been nipping at the bureau's heels recently sponsive to any form of discipline. tional Research." Groder said the change was over the research programs in Marion and STEP-UP-SYSTEM Springfield. not in response to the pejorative implica Simply stated, they are admitted to the tions of "behavioral modification" but sim The coalition, in a treatise mailed in July to the United Nations, alleged that the As START section at Springfield and placed in ply because the original title was not broad solitary confinement with no privileges. If enough to encompass the work that will go klepieion program at Marion is based on techniques used to brainwash American they keep their cell clean and behave for a on. POWs captured by the Chinese and North week, they move up one step and receive Grader envisions Butner as a fac111ty where more privileges. By good behavior, they can somebody with a good idea for improving Koreans during the Korean war. The document sees a conspiracy by the continue to move up, working in the prison some aspect of corrections can test it out Bureau of Prisons to introduce brainwashing brush factory, earning money and receiv under scientific conditions rather than sim ing full privileges. ply implementing it piecemeal in a prison measures under the guise of accepted psy chiatric practices and describes Asklepieion If they break the rules, they move back and hoping it will work out somehow. as "selective psychic-gen ocide." down the ladder, losing privileges as they go. "As long as we have had institutions," Grader agrees that there are certain anal "In the past," explained Levinson, "we've he said in an interview, "there has been been fast with the punishments and slow no rapid process of taking bright ideas and ogies between the program he founded at testing them out. Take parole for example. Marion and some of the techniques u sed by with the rewards. The inmates in START There was a silly idea that if you promise the Chinese to indoctrinate U.S. POWs. These are not psychotic, but they are the abso a criminal that he will be out on the street include such things as removing prisoners lute worst in the system. The emphasis in in a short time, then he will be grateful to ot her cellblocks to break emotional ties, START is rewarding positive behavior. It's and behave himself. It hasn't worked. segregating natural leaders and punishing a simple behavior modification technique, "We can test whether in fact institutional- those who are uncooperative. But he calls the but it seems to hold promise."
HOUSE OF' REPRESENTATIVES-Thursday, October 11, 1973 The House met at 12 o'clock noon. for a collective body of ·national leaders, of these gathered here as individual per Rev. Billy Zeoli, Gospel Films, Mus although we do. God, we do not come just sons with individual needs. kegon, Mich., offered the following to pray for a special blessing upon our Only You, dear God, know their per prayer: Nation, although we pray this. Our dear sonal and private needs. Dear God, we do not come just to pray Father, we come to You to plead for each But, God, there is one need in which we