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1610 CONGRESSIONAL RECORD-HOUSE January 28, 1975 would be informed by mall what benefits "Senior eitlzen.s a.re very proud;' ~~ ays. further morning business? If not~ morn­ would be coming. "They have worked or have been aupporte.d ing business is closed. In June. she received a letter saying that moat. of their l1vea by their working spou.s.e she was entitled to $173.40 a month. and do no~ 1in4 it. easy to a.ak for ilnanclal But the money did not come. Mrs. Menor asaist.ance. It. baa been our experience 'Ula~ 1:1 PROGRAM waited and waited, then she sent her social a prospective- appllea.nt has not received bla worker to apply !or her. check 1n due tim&. he or she Will no~ gn back Mr. ROBERT C. BYRD. Mr. President, "And then the]' discovered. that they had down to 'the SSI omce to inquire about it." the Senate will convene tomorrew at 12 lost my whole rue and they had to start an o'clock noon. After the two leade.rs. or over again. So I"m supposed to be living on Now THE CoMPUTEa H&s CAoGHr 'UP $81.60. How do you get by on that? You ten their designees have been recogn)zed un­ The Social Beemity Administration. un­ der the standing order there will be a me. I pay $75 for my room and pay my own dertclok the Supplemental Security Income electricity. You ten me. How am I supposed period for the transaction of routine tSSif program on short notice and with in­ to eat?"' adequate staff last January, according to morning business of not to exceed 30 Mrs. Mellor. with the aid of the social Marilyn Etchison, assistant clistrict manager. minutes with statements limited to 5 wol!'ker, !ought the system. Late in the sum­ But. &he said. most of the problems have minutes each. at the conclusion of which mer, checks began to arrive. But they were been solved today. the Senate will resume consideration of !or cWfering am.ounts, never !or the $173.40 .. There were quite a. few problems when the unfinished bllSiness, S. 281. a. bill to she was expecting. we started in January. There were 35,000 'I'hls month, !or the first time. the correct amend the Regional Rail Reorganization people to be converted to SSI. There were Act of 1M3. check arrived. some systems problems. About :five to seven "You know there are almost 15,000 old per cent didn't. get. their cheeks on time. There fs a time limitation on that men and women living around here:• she "It took quite a while to get. them some measure of not to exceed 4. hours. with said, "A lot of them can fight for themselves money. The computer would go down for a. time limitation on amendments. de­ and they'l"& going to fight for themselves:. But days at a time. It was pretty hectic. batable motions. or appeals, and with the the hug& majority can't. They'l'e too tired "We had tremendous crowds o! people in understanding that time on any amend­ with life. here--1,500 a day. The work load was tre­ men~ debatable motion, or appeal will "'As far as: Washington is concerned, any mendous. Our people were working 10 hours human being only a nmnber and you're a come out of the overall 4 hours. a day and eight hours on Sa.tUYday. There is a yea-and-nay vote ordered name anymor&. You're only a number and "Most of the people who came were very you're at the bloody mercy of a. machine. upset. They didn't get their cheeks. They on final passage of the measure. So there "It's ridiculous. '~'he-re's nothing sublime had nothing to !all baek oa Sometimes they will be at least one rollca-ll vote to­ about ft. God knows:. In your old age, wnen had to wait. a. couple of hours. Then, when morrow. you want 50me peace. It's just utter!]' the computer wasn't. working. we couldn't stupid ... give them answers." J. Leland Embrey, district manager of the ADJOURNMENT M1 that has improv~ she said. The Social security Administration, said Mrs. crowds have thinned. The computer has Mellor pafnts too gloomy a picture. Mr. ROBERT C. BYRD. Mr. President, caught up. (Critics of the syst~m deny She was. not eligible for SSI untn July, he if there be no further business to come this.) before the Senate, I move. 1n accordance &aid, and shtt did receive speelal checks while "Each month it gets better,'' she said. the governmenl tried to straighten out prob­ "Most people are getting their checks with the previous order. that the Sen­ lems wJth her SSI cheeks. straightened out. The ones who are still haY­ ate stand in adjournment until the hour Embrey denied that anyone bas gone fund­ ing problems have :really complicated prob­ of 12 noon tomorrow. less because o! problems with SSI payments, lems.'' The motion was agreed to; and at5:46 claiming that persons in such circumstances The Social Security oftice does need a bet­ p.m., the Senate adjow·ned until tomor­ were referred to the eountry, which loaned ter reception area. she said. It's not con­ "Chem up to $200 a. month until the SSI checks row, Wednesday. January 29, 1975, at 12 structed to handle crowds. There are no o'clock meridian. eame. toilets. Mario Gutierrez, project director at the "Actually,'' said Mrs. Etchison, "we'd like North of Market Health Council. a Tender­ to be able to do. more work on the tele­ loin agency serving senior citizens, was the phone.'' NOMINATIONS case worker who came to Mrs. Mellor's aid. That wlll be a problem, though. 'I'here is Her case was not unusual. he said. Executive nominations received by the only one number for Social security in the Senate January 28,.1975: The SSI program. which began in Janu­ whole Bay Area. An Examiner reporter who ary and replaced the State Old Age Assist­ DEPARTMENT OF' STATE dialed it last week let it ring 35 times be­ ance program, is "a complete disaster," he Robert J. McCloskey, of Maryland, a. For­ said. fore giving up. "The telephone system has been a big eign Service officer of th.e class o! Career "We'Ve had cases where people haven't Minister, now Ambassador at Large, to be­ received their checks for seven or eight problem for us," Mrs. Etchison admitted. also an Assistant Secretary of Sta.te. "We do have a local office number to call months.'~ NEW COMKVNlTY DEVELOPliOlNT Gutierrez and others at the clinic have for clalms, though.'' compiled a report on the SSI program, con­ The trouble is, it•s not list ed. CoB.PoRA'UON eluding it puts the senior ..at the mercy of a Otto George Stolz. of North Carolina, to disorganized~ poorly planned program which be a. member of the board of directors o! violates clvU: and human rights." the New Community Development Corpora­ One glaring problem is that countless CONCLUSION OF MORNING -tion vice Alberto Faustino Trevino, Jr., re­ senior citizens are stlll unaware or the pro­ BUSINESS signed. gram. Why, the report asks, hasn"t the Social Tlni: JUDICIARY Security Administration Included intorma-:­ Mr. ROBERT C. BYRD. Mr. President, J. Smith Henley, of , to be U.S. tion on the extra. help program with the So'­ is there further morning business? circuit judge for th e eighth circuit vice Pa.t cia.l Security checks it mails monthly?" The PRESIDING OFFICER. Is there Mehaffy, retired.

HOUSE . OF REPRESENTATIVES-Tuesday, January 28, 1975

The House met at 12 o'clock noon. brotherhood. Help u:; to eradicate intol­ May freedom and equality, brother·­ Rabbi Nathan Zolondek, Temple erance, prejudice, and malice from our hood and peace fill our land forever. Tifereth Jacob, Hialeah, Fla., offered the midst. Amen. following prayer: Guard our beloved country from every Almighty G-d, Supreme Ruler of Na­ enemy and drive from the hearts of men THE JOURNAL tions, as the cm*tain rises upon another hatred, lustful desires, and g1·eed that The SPEAKER. The Chair has ~ay in our lives, invoke Thy blessing upon blinds the vision of Thy truth. examined the Journal of the last day's the work of our hands. Fortify our united determination to proceedings and announces to the House We pray Thee, enlighten the minds of establish a better world in our time. his approval the1'e0f. our leaders, endow them with true Grant that these blessed Without objection, the .Journal stands wisdom and guidance so they may pursue of America serve as a beacon light for approved. the paths of justice, democracy, and liberty loving people the world over. There was no objection. January 28, 1975 CONGRESSIONAL RECORD- HOUSE 1611 MESSAGE FROM THE SENATE The Clerk read the resolution, as Charles Thone, Nebraska; Alan Steelman, follows: ; Joel Pritchard, Washington; Edwin B. A message from the Senate by Mr. H. RES. 101 Forsythe, New Jersey; Robert W. Kasten, Sparrow one of its clerks, announced .Resolved, That the following-named Mem­ Wisconsin; Willis D. Gradison, . that the' Senate had passed a resolution bers be, and they are hereby, elected mem­ COMMITTEE ON HOUSE ADMINISTRATION: as follows: bers of the following standing committees of William L. Dickinson, Alabama; Samuel L. S. RES. 34 the House of Representatives: Devine, Ohio; James C. Cleveland, New .Resolved, That the Senate has heard with COMMITTEE ON AGRICULTURE: William C . Hampshire; Charles E. Wiggins, California; profound sorrow the announcement of the Wampler, Virginia; Keith G. Sebelius, Kansas; M. Caldwell Butler, Virginia; J. Herbert death of the Honorable John C. Kluczynskl, Paul Findley, Illinois; Charles Thone, Ne­ Burke, Florida; Marjorie S. Holt, Maryland; late a Representative from the State of Dl1- braska; Steven D. Symms, Idaho; James P. W. Henson Moore III, Louisiana. nois. Johnson, Colorado; Edward R. Madigan, Illi­ COMMITTEE ON INTERIOR AND INSULAR Resolved, That a committee of two Sena­ nois; Peter A. Peyser, ; Margaret AFFAms: Joe Skubitz, Kansas; Sam Steiger, tors be appointed by the Presiding Officer Heckler, ; James M. Jeffords, Arizona; Don H. Clausen, California; Philip to Join the committee appointed on the part Vermont; Richard Kelly, Florida; Charles E. E. Ruppe, Michigan; Manuel Lujan, Jr., New of the House of Representatives to attend Grassley, Iowa; Tom Hagedorn, Minnesota; Mexico; Keith G. Sebelius, Kansas; Alan the funeral of the deceased Representative. W. Henson Moore III, Louisiana. Steelman, Texas; William M. Ketchum, Cali­ Resolved, That the Secretary communicate COMMITTEE ON APPROPRIATIONS: Elford A. fornia; , Alaska; Robert E. Bau­ these resolutions to the House of Represent­ Cederberg, Michigan; Robert H. Michel, Illi­ man, Maryland; Steven D. Symms, Idaho; atives and transmit an enrolled copy thereof nois; Silvio 0. Conte, Massachusetts; Garner James P. Johnson, Colorado; Robert J. Lago­ to the family of the deceased. E. Shriver, Kansas; Joseph M. McDade, Penn­ marsino, california; Virginia Smith, Ne­ Resolved, That when the Senate adjourns sylvania; Mark Andrews, North Dakota; Burt braska. today, it adjourn as a further mark of re­ L. Talcott, california; Jack Edwards, Ala­ COMMITTEE ON INTERSTATE AND FOREIGN spect to the memory of the deceased Repre­ bama; Robert C. McEwen, New York; John T. COMMERCE: Samuel L. Devine, Ohio; James sentative. Myers, Indiana; J. Kenneth Robinson, Vir­ T. Broyhill, North Carolina; Tim Lee Carter, Kentucky; Clarence J. Brown, Ohio; Joe The message also announced that the ginia; Clarence E. Miller, Ohio; R. Lawrence Coughlin, Pennsylvania; C. W. Bill Young, Skubitz, Kansas; James F. Hastings, New President pro tempore, pursuant to Pub­ Florida; , New York; William L. York; James M. Collins, Texas; Louis Frey, lic Law 93-580, appointed Mr. METCALF, Armstrong, Colorado; Ralph S. Regula, Ohio; Jr., Florida; John Y. McCollister, Nebraska; Mr. ABOUREZK, and Mr. HATFIELD as Claire Burgener, California. Norman F. Lent, New York; H. John Heinz members, on the part of the Senate, of COMMITTEE ON ARMED SERVICES: Bob Wil­ ill, Pennsylvania; Edward R. Madigan, the American Indian Policy Review Com­ son, California; William L. Dickinson, Ala­ Illinois; Carlos Moorhead, California; mission. bama; G. William Whitehurst, Virginia; Matthew J. Rinaldo, New Jersey. The message also announced that Mr. Floyd Spence, South Carolina; David C. COMMITTEE ON THE JUDICIARY; Edward Treen, Louisiana; George M. O'Brien, Illinois; Hutchinson, Michigan; Robert McClory, Illi­ William H. Brown, Parliamentarian of Robin L. Beard, Tennessee; Donald J. Mitch­ nois; Tom Railsback, Illinois; Charles E. the House of Representatives, and Mr. ell, New York; Marjorie S. Holt, Maryland; Wiggins, California; Hamilton Fish, Jr., New Charles W. Johnson, Assistant Parlia­ Robert W. Daniel, Jr., Virginia; Elwood Hil­ York; M. Caldwell Butler, Virginia; William S. mentarian of the House of Representa­ lis, Indiana; Andrew J. Hinshaw, California; Cohen, Maine; Carlos J. Moorhead, Cali­ tives, have the privilege of the Senate RichardT. Schulze, Pennsylvania. fornia; John M. Ashbrook, Ohio; Henry J. floor for the remainder of the 94th COMMITTEE ON BANKING, CURRENCY, AND Hyde, illinois; Thomas N. Kindness, Ohio. Congress. HousiNG: Albert W. Johnson, Pennsylvania; COMMITTEE ON MERCHANT MARINE AND J. William Stanton, Ohio; Garry Brown, FISHERIES: Philip E. Ruppe, Michigan; Michigan; Chalmers P. Wylie, Ohio; John H. Charles A. Mosher, Ohio; Paul N. McCloskey, Rousselot, California; Stewart B. McKinney, Jr., California; Gene Snyder, Kentucky; Ed­ RABBINATHANZOLONDEK Connecticut; John B. Conlan, Arizona; win B. Forsythe, New Jersey; Pierre S. du (Mr. LEHMAN asked and was given George Hansen, Idaho; Richard T. Shulze, Pont, Delaware; David C. Treen, Louisiana; permission to address the House for 1 Pennsylvania; Willis D. Gradison, Ohio; Joel Pritchard, Washington; Don Young, minute and to revise and extend his re­ Henry J. Hyde, illinois; Richard Kelly, Flor­ Alaska; Robert E. Bauman, Maryland; Nor­ ida; Charles E. Grassley, Iowa; Millicent Fen­ man F. Lent, New York; Matthew J. Rinaldo, marks.) wick, New Jersey. New Jersey; David F. Emery, Maine. Mr. LEHMAN. Mr. Speaker, I am COM?.UTTEE ON THE BUDGET: Delbert L. COMMITTEE ON POST OFFICE AND CIVIL SERV­ pleased to welcome to the House today Latta, Ohio; Elford A. Cederberg, Michigan; ICE: Edward J. Derwinski, illinois; Albert W. Rabbi Nathan Zolondek of Hialeah, Fla. Herman T. SchneebeU, Pennsylvania; James Johnson, Pennsylvania; John H. Rousselot, Rabbi Zolondek received his B.A. de­ T. Broyhill, North Carolina; Del Clawson, California; Andrew J. Hinshaw, California; gree from College and is a California; James F. Hastings, New York; James M. Collins, Texas; Gene Taylor, Mis­ graduate of the Mesifta Rabbinical Col­ Garner E. Shriver, Kansas; Barber B. Con­ souri; Benjamin A. Gilman, New York; Robin lege of Brooklyn, N.Y., where he was able, Jr., New York. L. Beard, Tennessee; Trent Lott, Mississippi. COMMITTEE ON THE DISTRICT OF COLUMBIA: COMMITTEE ON PUBLIC WORKS AND TRANS­ ordained as rabbi in 1947. Gilbert Gude, Maryland; William H. Harsha, PORTATION: William H. Harsha, Ohio; James Having served in the capacity of rabbi Ohio; Stewart B. McKinney, Connecticut; C. Cleveland, New Hampshire; Don H. and director of education in various com­ Edward G. Biester, Jr., Pennsylvania; Tom Clausen, California; Gene Snyder, Kentucky; munities, Rabbi Zolondek is the spirit­ Railsback, Illinois; Robert W. Daniel, Jr., John Paul Hammerschmidt, Arkansas; E. G. ual leader of Temple Tifereth Jacob in Virginia. Shuster, Pennsylvania; William F. Walsh, Hialeah, where he was served for the past COMMITTEE ON EDUCATION AND LABOR: New York; Thad Cochran, Mississippi; James 4 years. Albert H. Quie, Minnesota; John M. Ash­ Abdnor, South Dakota; Gene Taylor, Mis­ brook, Ohio; Alphonzo Bell, California; souri; Barry Goldwater, Jr., California; Tom Rabbi Zolondek is active in community John N. Erlenborn, Illinois; Marvin L. Esch, Hagedorn, Minnesota; Gary Myers, Pennsyl­ and civic affairs in Dade County and Michigan; Edwin D. Eshleman, Pennsyl­ vania. has also worked vigorously in support of vania; Peter A. Peyser, New York; Ronald A. COMMITTEE ON RULES; James H. Quillen, the State of Israel and for Soviet Jewry. Sarasin, Connecticut; John H. Buchanan, Tennessee; John B. Anderson, Illinois; Del­ In 1974, he received the Scroll of Honor Jr., Alabama; James M. Jeffords, Vermont; bert L. Latta, Ohio; Del Clawson, California; Award from the State of Israel and also Larry Pressler, South Dakota; William F. Trent Lott, Mississippi. Goodling, Pennsylvania; Virginia Smith, COMMITTEE ON SCIENCE AND TECHNOLOGY; a certificate for meritorious service for Nebraska. his efforts on behalf of Israel's 25th anni­ Charles A. Mosher, Ohio; Alphonzo Bell, Cali­ COMMITTEE ON FOREIGN AFFAmS: William S, fornia; , Oklahoma; John W. versal'Y and the Yom Kippur war. Broomfield, Michigan; Edward J. Derwinski, is Wydler, New York; Larry Winn, Jr., Kansas; Rabbi Nathan Zolondek a man who illinois; Paul Findley, Illinois; John H. Louis Frey, Jr., Florida; Barry M. Goldwater, is devoting his life to helping others. I Buchanan, Jr., Alabama; J. Herbert Burke, am proud to know him and I want to Florida; Pierre S. duPont, Delaware; Charles Jr., California; Marvin L. Esch, Michigan; W. Whalen, Jr., Ohio; Edward G. Biester, Jr., John B. Conlan, Arizona; William M. thank him for his prayer at the opening Ketchum, California; Gary A. Myers, Penn. of today's legislative meeting. Pennsylvania; Larry Winn, Jr., Kansas; Ben­ jamin A. Gilman, New York; Tennyson sylvania; David F. Emery, Maine. Guyer, Ohio; Robert J. Lagomarsino, Cali­ COMMITTEE ON SMALL BUSINESS: Silvio 0. fornia. Conte, Massachusetts; J. William Stanton, ELECTION OF MEMBERS TO STAND­ COMMITTEE ON GOVERNMENT OPERATIONS; Ohio; Joseph M. McDade, Pennsylvania; John ING COMMITTEES Frank Horton, New York; John N. Erlenborn, Y. McCollister, Nebraska; William s. Broom­ Mr. MICHEL. Mr. Speaker, I offer a lllinois; John W. Wydler, New York; Clar­ field, Michigan; Tim Lee Carter, Kentucky; ence J. Brown, Ohio; Gilbert Gude, Mary­ Hamilton Fish, Jr., New York; M. Caldwell Privileged resolution (H. Res. 101) and land; Paul N. McCloskey, Jr., California; Sam. ask for its immediate consideration. Butler, Virginia; William S. Cohen, Maine; Steiger, Arizona; Garry Brown, Michigan; Millicent FenWick, New Jersey; Tom Kind- '1612 CONGRESSIONAL RECORD-HOUSE January 2.8, 1975 ness, Ohio; William F. Goodling, Pennsyl­ The SPEAKER. The clerk will notify her, is a student council representative, vania. the Senate of the appointments. a member of the Edinburg High School COMMITTEE ON STANDARDS OF OFFICIAL CON­ Rodeo Club and Edinburg 4-H unit 2, DUCT: Floyd Spence, South Carolina; James and a calf scramble winner at the Rio H. Quillen, Tennessee; Edward Hutchinson, Michigan; Albert H. Quie, Minnesota; Donald APPOINTMENT AS MEMBERS OF Grande Valley Livestock Show. J. Mitchell, New York; Thad Cochran, TECHNOLOGY ASSESSMENT BOARD I extend my hearty congratulations Mississippi. The SPEAKER. Pursuant to the pro­ to Vilma Garza, to her parents, and to COMMITTEE ON VETERANS' AFFAms: John visions of section 4(a), Public Law 92- the school she has done proud. Paul Hammerschmidt, Arkansas; Margaret M. Heckler, Massachusetts; Chalmers P. Wy­ 484, the Chair appoints as members of lie, Ohio; Elwood Hillis, Indiana; James the Technology Assessment Board the INTRODUCING PUBLIC SERVICE Abdnor, South Dakota; William F. Walsh, following Members on the part of the EMPLOYMENT ACT OF 1975 New York; Tennyson Guyer, Ohio; George House: Mr. TEAGUE, of Texas; Mr. UDALL, Hansen, Idaho; George O'Brien, Illinois. of Arizona; Mr. BROWN, of California;

these tax increases other than the 1974 PAGE BoY: HOLMES ScORES His PoiNTS ON strength over the years was augmented refund to be made permanent. BASKETBALL COURT, Too. by his wife and confidante, Lady Bird. We now face a serious economic prob­ (By Kathleen Maxa) Just as President Johnson has left his lem. Unemployment is rising toward 8 In the halls of Congress, Chris Holmes used indelible mark on the country with his percent, and the gap between actual and to be known as "Curly," the eager page from legislation in so many fields-education, Texas who had an untimely knack for greet­ civil rights, health-Mrs. Johnson, too, .potential output is over $200 billion. ing preoccupied legislators and aides with a These tax cuts-are a step towards restor­ disarming "howdy" has carved out a niche for herself in the ing prosperity, and I hope that these tax That was before he began racking up 48 field of beautification. reductions can be enacted as soon as and 54 points a game. Mrs. Johnson also devotes a great deal possible. "Now when I'm introduced to someone," of her time and energy to the late Presi­ he said, "I am Chris Holmes-who scored 54 dent's legacy, the LBJ Library. The li­ points." brary is living history and has thrilled MISSING IN ACTION And while Holmes-a senior at the Capital thousands upon thousands of visitors articular scheme but effectively to ized. leges and universities by adopting programs narrow the tuition gap in one way or an- The number of graduate fellowships and of financial support. What is now needed is other. the level of funding for research should be increased. We support the recommendations to extend and intensify those initial efforts Correcting geographic inequities (Chapter 6> of the 1974 report of the National Board on in a manner that will assure the survival and The amount and types of aid to private Graduate Education. health of a competitive private sector with­ institutions and the students attending them Many private institutions cannot obtain out either impairing the essential independ­ have varied greatly among the states, with sufficient money from current funds for ence of private colleges and universities or resulting inequities based on accidents of maintenance and depreciation reserves. damaging the public sector. geography. Ar.. equally serious problem is Matching grants should be available to pri­ The mounting problems of private higher that state aid to students in private colleges vate institutions for replacement, remodeling education have not yet reached the point has usually been confided within state and reconstruction of buildings and equip­ of irreversibility. They are still surmount­ boundaries. Federal legislation should be en- ment. Bonding authority, available to pri­ able. The means for dealing with them are at acted to provide incentive grants to the states vate institutions in some states, should be hand and wen within the capacity of the to encourage them to overcome geographic widely adopted. · nation. But without prompt and positive inequities by giving adequate aid to private Lifelong or recurring education should be action the outlook is bleak. The purpose of colleges and by making provision for students financed in a way that will enable both pub­ this report is to suggest the measures that who attend out-of-state institutions. The lie and private institutions to meet these ed­ are needed to maintain a flourishing private federal program should be flexible enough to ucational needs. component in a healthy and balanced sys­ permit the states to act in accordance with tem of higher education. their traditfons, constitutional restraints and 3. THE CASE FOR PRIVATE mGHER EDUCATION The report is brief and can be quickly local conditions. The case for a substantial body of strong read, but for the convenience of the reader Federal student aid programs (Chapter 7) private colleges and universities, though who is concerned only with its conclusions compelling, is not so widely understood as it Federal programs of student aid are not and recommendations, they are brought to­ ought to be. The private sector is not merely gether in Chapter 2. The reasoning that led well suited to the needs of private institu­ an ornament or a luxury-nice to have but to those conclusions and recommendations tions and their students. The programs do not provide realistic amounts of money to readily dispensed with in a crisis. It is an im­ is set out in Chapters 3-11. portant, even essential, part of the American help students meet the costs of attending system of higher education. 2. CONCLUSIONS AND RECOMMENDATIONS private colleges and universities. The condi­ Private higher education (chapter 3) In making this case, there is no implica­ tions are often too restrictive or the programs tion that private higher education as such The private sector of higher education is are underfunded. Federal BEOGs should be is in any way superior to public higher edu­ enormously valuable to American society and modified, for example, by adding an extra cation. No invidious comparisons are needed is an influential complement to the public allowan~e to students for private tuition or or intended. Both sectors serve important sector. Policy-makers in both state and fed­ a special cost-of-education supplement for public purposes and both have the capacity eral governments should give increasing private institutions. The funding of all fed­ for excellence in discharging their functions. attention to preserving and strengthening eral student aid programs should be in­ The two are interdependent, complementary private higher education. creased to provide a realistic number and and mutually supportive. A special case must amount of grants. Financial cistress (chapter 4) be made for private higher education simply The financial problems of private higher Statewide planning (Chapter 8) because it is in jeopardy and because new education other than demographic factors A rational system of higher education, in­ public policies are needed to preserve the and escalating costs-the tuition gap, the cluding both public and private sectors, can benefits accruing from the dual system. unfavorable provisions of federal student aid only be attained by careful planning. State DIVERSITY programs, the indiscriminate creation of new educational planning agencies should take More than 1,500 private colleges and uni­ public institutions, and tax reform proposals into account the presence of private institu­ versities are operating in the United States. inimical to private philanthropy-could all tions, consult with them, when feasible make They enroll more than 2,100,000 students. be solved or alleviated by quite modest contracts with them for needed services, and They are located in 49 of the 50 states. They 1626 CONGRESSIONAL RECORD- HOUSE January 28, 1975 range in size from a few hundred to more Its existence diffuses responsibility for high­ Academic Freedom than 30,000 students. They vary in function er education, which would otherwise be a Academ ic freedom consists in part of the from small liberal arts colleges and special­ sole prerogative of government. The very -right and duty of individual professors to ized professional schools to great universities presence o! private institutions is a forceful seek and speak the truth. More broadly, it in­ with elaborate graduate and professional pro­ reminder that independent, non-political cludes significant inner direction for colleges grams. Some emphasiZe occupational inter­ education is not an unattainable ideal. The and universities as institutions. It means est, others liberal studies. They range in private sector provides examples of alterna­ that the academic community should have clientele from those serving particular tive admi.nistratlve modes and educational a dominant voice-based on professional ethnic or religious groups or particular areas programs. It thus serves the public sector of judgment-in deciding what to teach, how to those serving a broad spectrum of the higher education as well as society at large, to teach, what academic standards to main­ population. Most are of the latter type. They and some of its strongest supporters are to tain, what lines of research and scholarship vary in location, some being rural, some be found among public institutions. The to pursue, what to publish and whom to em­ suburban, some urban. They vary in their University of California, for example, is ploy as t eachers. Academic freedom in this philosophy of education and in the nature strengthened by the presence nearby of a sense is always in jeopardy, but in the past of their educational impact. Some are four­ Stanford. Similarly, most state and commu­ decade it has been subject to unprecedented year colleges and some two-year. They in­ nity colleges are influenced by the styles and' erosion from growing political influence and clude institutions of great fame and influ­ traditions of neighboring private institu­ from inCI·easing reliance on funds earmarked ence as well as little-known institutions tions. Conversely, of course, the private sec· for purposes prescribed from outside. which serve specialized or local needs. Some tor is influenced by the public sector. Private institutions are by no means ex­ cater to students of exceptional ability and Excellence empt from pressures threatening academic some to those of more modest ability. Some We raise here the question of qualit y be­ freedom. But their relative independence are heavily engaged in research and public from government, the diversity of their gov­ service, while others concentrate on instruc­ cause it affects deeply the future of our society. An admirable discussion of this is­ erning boards, and in many cases their tradi­ tion. Some are residential and some serve tions tend to make them less susceptible to primarily commuting students. The degree of sue is found in the previously cited paper by Ralph Besse. As he points out, in the modern forces that could curb academic freedom variety within the private sector is suggested than are public institutions. Even if this by the data in Tables 2 and 3. (Tables not thrust for equalit y of opportunity in higher education quality has sometimes suffered. were not so, academic freedom is more likely reproduced in the REcoRD.) to be upheld in a system of higher educa­ Diversity is necessary if the higher educa­ It might have suffered even worse without the protection of diversity. Under the ban­ tion with diversified control than in one tional system is to be able to serve its many under monolithic control. clienteles and purposes. In the words of ner of egalitarianism, a subtle attack has Ralph Besse, an influential trustee of several launched against excellence in higher edu­ Liberal Learning and Values private institutions: cation. Of course, excellence which is avail­ One of the important functions of the • • . the student constituency to be served able only to the wealthy cannot be defended, private sector has been, and still is, to keep by higher education . • • includes men and but excellence based on achievement can not alive the traditions of liberal learning and to women, old people and young people, rich only be defended but may in the long run emphasize sound personal values as one of people and poor people, many races, ethnic be indispensable. It contributes to the prepa­ the important outcomes of higher educa­ groups and non-ethnic groups, brilliant ration of outstanding leaders, to the sound tion. Again, private institutions have no minds, and a range of interest, aptitudes, development of our culture, to the main­ monopoly on liberal learning or values; yet personal needs, ambitions and motivations tenance of our competitive position in the in some areas of the public sector there has as broad and varied as our exceedingly com­ world. been a marked tendency to stress manpower plex culture. As Besse st ates, there is nothing inappro­ needs and vocational techniques. That liberal The social needs which higher education priate in a "diversity of the learning proc­ education with emphasis on values has sur­ must serve are equally varied, as fields of ess which provides opportunity in one in­ vived and prospered in the public institu­ knowledge expand. in depth and number, stitution for average or sub-average intel­ tions is due in part to the persistent influ­ technological competition increases, world lects and opportunity in another for superior ence of private colleges and universities. involvement accelerates, urban living alters intellects. Almost all the progress of history Relief to Taxpayers is traceable to superior minds." This is true, our mores, and affluence impacts our total The private sector educates annually over way of life. he says, not only of science, "where brilliance is commonly recognized as an ingredient of 2,100,000 students. If private colleges and And thus the mere statment of the com­ universities were to disappear, the education plex nature of students and of social needs creativity. It is equally true ... in art, music, philosophy, literature and every other im­ of those students would be the responsibility is almost enough to demonstrate the re­ of public higher education. The present aver­ quirement of both institutional and program portant category of social activity .••• whatever value may be derived from the so­ age subsidy per student in the public sector diversity. Certainly no one institution or is about $1400. Multiplying by 2,100,000 stu­ type of institution could be adequately de­ cial leavening that comes from the less bril­ liant students and faculties mingling with dents yields an estimated additional annual signed. to achieve optimum service and qual­ cost to taxpayers of 2.9 billion dollars. This ity for such a variety of d.emands.1 the more bri11iant ·students and faculties, it is more than offset in end result by a diver­ amount represents only the operating costs In the spirit of Mr. Besse's comment, par­ and ignores capital costs. ticular emphasis must be given to the sity which permits brilliant faculties to com­ unique role of the small private college. It pound their effectiveness by teaching bril­ Concluding Comment typically offers a campus of human scale, liant st udent s." The private sector contrib­ The case for maintaining and strengthen­ rich community life, concern for the values utes substantially to such diversity. ing the private sector of higher education of Uberal·learni!lg, and attention to students Many private institutions are character­ is persua-sive. This is not to assert that every as individual persons. Many small colleges, ized by a traditional form of educational and single private institution is a Harvard, any including those that are not well known, intellect ual excellence. This is true not only more than every public institution is a perform a highly valuable service in these of the great research universities but also of Berkeley. If, however, one examines closely respects. The nation would be ill served if numerous small colleges. Such institutions the private institutions of this country, one such institutions were to disappear or were are a nat ional resource of incalculable value. will find that overwhelmingly they are mak­ forced to change their mission substantially. Their excellence is derived largely from the ing significant contributions. Each in its own In general, private institutions of all types traditions and the influences (including way serves its own particular clientele. Even have included among their main objectives small size and selectivity of personnel) as­ the less well known private colleges have the development of the student's personality sociated with private control. This is not their particular missions, and to depreciate as an individual. This concern is reflected in to deny that a high order of excellence may their contributions is to do a great disservice the fact that priV'ate institutions of all types be achieved in the public sector, which would to higher education and to the nation. There are on the average smaller than comparable of course be absurd. Yet it is no accident are, of com·se, marginal institutions-mostly public institutions. A comparison of the that so many private institutions have underfunded-some of which are unclear average enrollment of public and private in­ achieved exceptional educat ional and intel­ about their purposes, or under incompetent stitutions is shown in Table 4. (Table not lectual quality. leadership, or the victims of misfortune. But reproduced in the RECORD.) The excellence achieved in the privat e sec­ the vast majority of private institutions have Checks and Balances tor and the flexibility derived from private long served productively, and they deserve cont rol have enabled many private institu­ an honored and secure place in the Amer ican The private sector of higher education tions to achieve educational leadership, to higher educational system. serves as a counterweight to the public sec­ serve as standard-setters, and to be sources Perhaps the most conclusive evidence of tor and provides useful checks and balances. of innovation. The private sector has no the value of private institutions is that monopoly on leadership of this kind, but it 2,100,000 students are patronizing them 1 Ralph M. Besse, "The Case for Pluralism has often used the independence and :flexibll­ when it costs the student on the average and Diversity in Higher Education" in H i gher it y t hat come with privaten ess to set the ex­ $1600, or 67 per cent, more than 1t would Education, Human Resources and the Na­ ample of what a college or university should cost to attend a public institution. But as tional Economy, Addresses and Discussion be like. The efforts of public institutions to the tuition gap widens, the number of stu­ Papers from the Sixtieth Annual Meeting of keep up with their private competitors has dents who can afford private higher educa~ the Association of American Colleges, 1974, been an important factor in the progress of t ion wit hout financial aid is steadily declin­ p.169. the public sector. ing. Janua?"Y 2.8, 1975 CONGRESSIONAL RECORD-HOUSE 1627

CONCLUSION AND RECOMMENDATION of Elections, 360 U.S. 45 (1959), that lit­ Ninety-five percent of all non-prior­ The private sector or higher education 1s eracy tests were not per se unconstitu­ service enlistees were 1n mental cate­ enormously valuable to American society and tional. A permanent ba.n of these tests gories I-m which are the average and ls an in1luent1al complement to the pubHo flies in the face of this holding and may above average mental groups. This was sector. PoHcy-makers 1n both state and fed­ therefore be held by a to be arbi­ the highest proportion of average and eral governments should give increasing at­ court tention to preserving and strengthening prl.. trary and unconstitutional. above average mental category en­ vate hliher education. I would urge my fellow Members to listees for a single month since the De­ consider the implications of passing a partment began keeping statfstlcs on bill which may be held to be unconstitu­ the mental ability of Its accessions 1n VOTES RIGHTS ACT EXTENSION tional. Should the permanent ban on lit­ May 1951. Approximately 63 percent of McCLORY asked and was given eracy tests be voided, the Court could not the new enlistees were high school This is too great a risk to run. Moreover, enlistments compared to 19 percent in Mr. McCLORY. Mr. Speaker, I am as a matter of policy I do not think this October. The services also recruited privileged to cosponsor the administra­ Congress is prepared to say that there about 3,700 prior-service personnel. tion's proposal extending for 5 years will never be a time when the States may The total selected reserve strengths both the ban on tests and devices as use legitimately a test or device, whether declined slightly during October. prerequisites to voting and the protec­ In that time be 1980 or 3080. our zeal to SELECTED RESERVE STRENGTHS tive remedies of sections 4 and 5 of the defend the rights of all people to vote we Voting Rights Act. should not pass the bill which could (In thousands) A recent report of the "J.S. Commis­ sion on Civil Rights entitled "The Vot­ ultimately result in the undermining of those rights. End strength Average strengths ing Rights Act: 10 Years After" reveals Therefore, Mr. Speaker, I will support that many of the circumstances which Fiscal Fiscal a safe 5-year extension of the Voting October year year warranted the enactment of this legis­ Rights Act and I hope my colleagues will 1974 Septem­ 1975 1975 lation 1n 1965 remain operative in 1975. do the same. (prelim- ber 1974 through author· The right to vote is fundamental and inary) (actual) October ized must be protected. The current means of protecting the right to vote are banning Army National RESULTS OF ALL-VOLUNTEER Guard ______391.2 392.2 393.9 400.0 tests or devices as prerequisites to vot­ Army Reserve ____ 231.7 232.3 232.4 225.0 ing pursuant to section 201 of the Vot­ FORCE Navy Reserve ____ 111.1 112.3 112.5 117.0 Marine Corps ing Rights Act, 42 U.S.C. section 1973aa , and invoking prophylacti~ reme­ given permission to extend his remarks Air National Guard ______93.9 93.7 93.7 95.0 dies in sections 4 and 5 of the Voting at this point in the RECORD and to in­ Air Force Reserve. 45.5 45.3 45.4 51.3 Rights Act, 42 U.S.C. sections 1973b, clude extraneous matter.> 1973c 0970>. Mr. DAN DANIEL. Mr. Speaker, it is. Total DOD ___ 905.4 907.5 909.4 925.0 Section 4. "triggers" section 5 remedies my intention to continue. a practice be­ 1n jurisdictions which used a voting test gun during the 93d Congress of placing HOW LIBERALS REDISCOVERED or device as a precondition to voting on in the RECORD monthly summaries of the FREE SPEECH either November 1, 1964, or November 1, recruiting results of our all-volunteer (Mr. ALBERT States or counties falling within the sec­ for November 1974. Mr. ALBERT. Mr. Speaker, I am happy tion 4 coverage must then get the ap­ Preliminary figures show that the total to include in the CONGRESSIONAL RECORD proval of the Attorney General for any strength of the four military services at a very :fine, provocative article carried in change in their voting laws or, in the the end of October was about 2,154,000, the December 22, 1974, Washington Post alternative, file suit in the u.s. District or 99 percent of their October target of by a distinguished native Oklahoman and Court for the District of Columbia to 2,168,000. Strengths by service are com­ practicing Washington attorney, Marcus prove that their new voting law does pared with their June 1975 authorizations Cohn. Mr. Cohn specializes in commu­ not have a discriminatory purpose or 1n the table below: nications law. The article follows: etrect. [From the Washington Post Dec. 22, 1974] this ACTIVE MILITARY STRENGTH The retention of protective pro­ How LIBERALS REDISCOVERED F'RE;E SPEECH cedure is necessary to prevent erosion of (In thousands) the gains made in the past 10 years. By (By Marcus Cohn) On Sept. 25, 1970, Charles W. Colson sent continuing to monitor changes in voting. October 1974 June 1975 a memo to H. R. Haldeman in which he pro­ laws of the covered jurisdictions, the (preliminary) (authorization) posed that the White House get a ruling from Federal Government can assure that the Federal Communication Commission on Americans who have been able to exer­ Army______781 785 the "role o! the President when he uses TV." cise their elective franchise for the first time by virtue of the Voting Rights Act s;~,~~~~~s~-~~======!!~ ~~ ~~c~eo~r~=d~e~:~s~·a;:;~~~~l~~~i;~~ will continue to be :1-ble to do so with ------thing he ever expected was that this memo-- Federal supervision until 1980. For this Total DOD______2, 154 2,149 and others-would end up helping to ignite reason, I urge Members to support this a flurry of judicial and congressional dedica­ The 36,900 men and women recruited tion to broadcasters' First Amendment rights. important legislation. Broadca.sters, of course, have been delight­ Mr. Speaker, it has come to my atten­ in November were approximately 1 per­ ed-indeed, amazed-to :find a growing num­ tion that H.R. 939, introduced by the cent above the total objective of 36,700. ber of liberals as their new defenders. There chairman of the Committee on the Judi­ ENLISTED ACCESSIONs-AU SOURCES is, for example, Democratic Sen. William ciary, seeks to extend the protections of Proxmire of Wisconsin, who 15 years ago sections 4 and 5 of the Voting Rights Act played a central role in requiring the FCC to until 1985 while permanently banning November 1974 judge how stations handle controversial is­ Al­ Service Objective Actual Percent sues. This Fairness Doctrine notion had been the use of voting tests or devices. kicking around !or a number of years by I though am sure this legislation has then, but it was Proxmlre who proposed and been offered with the best of intentions, Army ____ ------17,100 17,200 100 Navy ____ ------9,300 9,500 102 pushed through the amendment to the Com­ I have grave reservations concerning the Marine Corps ______4,200 4,100 98 munications Act. Today the sam.e Sen. Prox­ permanency of the ban on voting tests Air Force ______6,000 6,100 100 rnlre is delivering Senate speeches declaring and devices. The Supreme Court held in Total DOD _____ 36.700 36,900 101 that the doctrine is unconstitutional. He now Lassiter v. Northampton Count11 Board describes it as the "unfairness doctrine," an 1628 CONGRESSIONAL RECORD-HOUSE January 2.8, 1975 "Orwellian double think" procedure, and freedom of speech, and particularly the use Until November of 1969, we had very few the subversion of Voltaire to mean "I will of the air waves. Suddenly liberals have be• hard facts showing that the White House had defend to the death your right to agree with gun to at;gue that broadcasters should have ever used the FCC to pressure stations-and me." · the same First Amendment rights enjoyed particularly the networks-to assure a PLENTY OF COMPANY by newspapers, and that the FCC should stay friendly attitude toward the President and Proxmire is certainly not alone in his sharp out of programming matters-a far cry from his programs. change of heart; he has plenty of company their earlier position. We do know that President Roosevelt sent among federal judges, other liberal members In the 1940s, such FCC commissioners as a memorandum to FCC Chairman Fly on of Congress and intellectuals who have simi­ James Lawrence Fly, Clifford Durr, Paul Oct. 3, 1940, in which he said: "Will you larly reversed course in the wake of Water­ Walker, Paul Porter and Frieda Hennock­ please let me know when you propose to gate and other events on a wide range of all devoted New Dealers~onstantly urged have a hearing on newspaper ownership of issues. greater government involvement in pro­ radio stations.'' We also know that during the Historian Arthur Schlesinger Jr., for ex­ gramming. They argued that radio stations Eisenhower years rumors were rampant that ample, has spent a good deal of his career had a responsibility to engage in more non­ Sherman Adams and other members of the supporting a strong presidency, illustrating entertainment; it was euphemistically called White House elite recommended to the FCC his case with studies of President Franklin "meaningful" programming. what the outcome should be in contested Roosevelt, and then growing even more en­ Those were the days when Louis G. Cald­ hearings, where there were two or more ap­ thusiastic about the strong, activist Presi­ well, a determined and brillant conservative, plicants for the same facility. dent when he actually got the chance to play represented the interests of the Chicago But neither the Roosevelt inquiry nor the a role in the Kennedy White House. In those Tribune and other violently anti-Roosevelt interference by the Eisenhower White House days, Prof. Schlesinger has written, President licencees. He argued repeatedly that the were designed to intimidate the networks or Kennedy was too often deflected from noble commission was violating the First Amend­ stations or newspapers because of program purposes by reluctant bureaucrats and ment when it stepped into the programming content that was critical of the adminl.stra­ elected congressmen who checked his power. area. But the commissioners and the staff tion. That was a Nixon administration inven­ Now, however, Schlesinger argues in his book scoffed at such a notion. tion, and its history is by now familiar. "The Imperial Presidency" that the President The commission position received judicial There was FCC Chairman Dean Burch's has too much power. sanctification from some general and gratui­ phone oall to CBS president Frank Stanton Similarly, when conservative State Depart­ tous language that Justice Frankfurter in­ on Nov. 4, 1969, requesting a transcript of ment employee Otto Otepka tried to tell cluded in a 1940 opinion on behalf of a unan­ the network's news analysis that had fol­ Congress a few pertinent facts about how the imous Supreme Court. He said the commis~ lowed a Nixon address the night before. department was doing its business, many sion not only had the duty to act "as a kind There was Vice President Agnew's nes distinguished liberals-who happened. to of traffic officer policing the wave lengths to Moines speech nine days later castigating think Otepka and his congressional allies prevent stations from interfering with each the networks' news coverage and reminding were on a Communist witchhunt-cried out other," but that it was Congress' intention them that they held licenses through the that the State Department should exercise to place upon it the obligation of "deter­ sufferance of the FCC. There were, accord­ "executive privilege" and withhold Otepka's mining the composition of (the) tra.filc." Al­ ing to CBS's Stanton, a number of White information. Many of those same liberals had though this reference was not required by House phone calls over the next three years very different ideas about our last adminis­ the issues involved in the case at hand, it expressing displeasure with news broadcasts. tration's right of executive privilege. was immediately used by the FCC and by There was the Colson memo to Haldeman. Then there is the case of scholar-politi­ other courts as a definitive interpretation There was the December, 1972, Indianapolis cian-diplomat , of the commission's powers and a congres­ speech by Clay T. Whitehead, director of the who once stridently warned the country that sional command that it aggressively involve White House's Office of TelecommUnications scholars are at their weakest in prescribing itself in programming. Policy, condemning the "ideological plugola" massive government programs and have, in THE BLUE BOOK and "elitist gossip" of network news. And fact, sold the country large amounts of Until 1946, there were no federal guide­ there was President Nixon on tape telling "snake oil." Scholars should stick to study­ posts outlining what actually constituted Haldeman that "The .main thing is The Post ing results, said Moynihan. But within a. year programming in the public interest. However, is going to have damnable, damnable prob­ or so after he wrote this warning, Moynihan on March 7, 1946, the commission issued a lems out of this one. They have a television became the czar of domestic policy in the 50-page brochure which had a blue cover station • • . And they're going to have to get Nixon administration and proposed what he and immediately became known as "The it renewed." said w~ the most far reaching social reform Blue Book.'' Some late recanted their positions; Burch (a guaranteed annual income) since the The Blue Book required each station to subsequently said he never should have 1930s. report in its license renewal application the made the Stanton ca.ll, that he didn't realize These and other turnabouts can be ex­ amount of programming it had carried in its implications, and Whitehead later termed plained in a number of ways. We all know each of several categories-for example, edu­ the Fairness Doctrine "the mark of a totali­ that a foolish consistency is the hobgoblin cation, news, discussion, and religion. In ad­ tarian society • . • government enforced of little minds. It is also possible, and hope­ dition, the station was required, and still is journalism ••. a total incongruity with fully true, that men learn by experience and required, to include in its application prom­ freedom of expression in this country • . ." change their preconceptions. ises about the programming it would carry Whitehead found himself in strange com­ But there is yet another potential explana­ in the three-year license period. Then, each pany. For once the Nixon White House's in.. tion: Is it possible that despite some of the time a license renewal application was filed, volvement in FCC programtning matters most scholarly formulations about the rela­ the commission weighed how well the prom­ became a matter of public record, a number tionships within government and between ises had been kept. of liberal senators and judges change their government and the governed these matters The Blue Book acknowledged that the tunes as well. are really decided, perhaps unconsciously, on Communications Act prohibited the FCC On Sept. 25, 1972, for example, Judge the basis of just who has the power? More from censoring programs. But the commis­ Bazelon joined two of his colleagues in an bluntly, do some people think that lots ot sion, after reviewing the congressional his­ opinion sustaining the FCC's denial of a government power is fine when the "good tory of the Communications Act and the ju­ license renewal on a programming issue, and guys"-their people-are in office, but gov­ dicial review of its powers, concluded that it stated that he would file, at a later date, a ernment power must be drastica.lly reduced not only had the right to make such judg­ concurring opinion. But during the following when the "bad guys"-the "other" people­ ments, but, indeed, it was "under an affirma­ 40 days he had second thoughts. On Nov. 4, get elected? tive duty ... to give full consideration to 1972, he issued instead a 39-page (dissenting) JUDICIAL SANCTIFICATION (the) program service" of every licensee at opinion in which he argued that FCC in­ volvement in programming violated the Obviously, our fundamental rights should renewal time. First Amendment; he said that the commis~ be decided on firmer ground than whether During the next quartel' century the U.S. Court of Appeals for the Dl.strict of Colum~ sion had no constitutional right to deny a politicians to our liking are in command at station its license because ot its program· the moment. The Constitution and our laws bia (to which practically all FCC decisions are not so easy to change that we can alter are appealed) encouraged the commission's ming. our notions on the basis of who won the prograxnming activity. In case a.fter case, the Bazelon repeatedly referred to the "chilling last election. And yet, as Prof. Philip Kur­ court brushed aside First Amendment whim~ effect" that FCC programming intervention land, a constitutional scholar at the Univer­ pers and not only approved the commission's and supervision has on freedom of speech sity of Chicago Law School, has pointed out, right to make programming judgments, but and thought. He noted that "highly re­ "When it is a President with what has come even scolded the commission when it shirked spected members of newspaper and broad­ to be called 'charisma,' a Franklin Delano this task. casting corps" had warned us "that govern­ some of us have applauded the seizure of For example, in 1962 Chief Judge David L. mental regulation of broadcasting has been power by the President. When that office is Bazelon, on behalf of a unanimous court more pernicious than any group of private occupied by one whose objectives are less to which then included Judge Warren Burger, censors." He went on to say that there was o\lr tastes, we deplore the power that has be­ held that "the commission may impose rea­ "some question as to what the FCC may con­ come his to exercise.'' sonable restrictions upon the granting of li­ stitutionally ask of applicants with respect One of the most striking examples of this censes to insure programming designed to to programming plans •. .'' And more re­ phenomenon has occurt·ed In the area of meet the needs of the local community." cently, in a spe-ech to the Federal Coxnmu- JanuaTy 28, 1975 CONGRESSIONAL RECORD- HOUSE 1629 nications Bar Association, he urged the Those words we;re written a decade ago by the liberal majority of House Democrats to "broadcast media • • . (to) strenuously re­ Representative Richard Bolling, Missouri translate their votes into effective control at ·sist all government attempts to interfere Democrat, in his book "House OUt of Order." the committee level. The Republican-South­ with their wide legitimate decisions." Mr. Bolling has devoted much of his energy ern Democratic coalition has traditionally A JOYOUS TREMOR during his 26 years in Congress to trying to worked through the oligarchy of conservative make the House of Representatives the re­ committee chairmen. Such dealings across When Supreme Court Justice William 0. sponsible and effective legislative body it party lines are now likely to be considerably Douglas said on May 29, 1973, that he bad once was and could be again. Slowly he has more difficult though not impossible. concluded that "TV and radio stand in the liU\(le headway. Last week's upheaval agaJ.nst In electing strongly liberal majorities in same protected position under the First veteran committee chairmen brought the the House and Senate, the nation presumably Amendment as do newspapers and maga­ House close to the ideal he has espoused. wanted legislation of a progressive cast. This zines:• and when Justice Potter Stewart con­ When the feisty young progressives of 1911 realignment of power in the House makes curred, a joyous tremor went through the stripped Speaker Joseph Cannon of his auto­ it much more likely that the nation will get broadcasting industry. matic power to appoint the chairmen of what it wants and will be able to hold the While the courts-and particularly their committees, they failed to provide any sub­ majority party accountable for Congress' liberal members-were showing determina­ stitute arrangement to exercise responsibly success or failure. tion to curtail the FCC's power over pro­ the power that he deployed irresponsiblv gramming, such other liberals as Sens. Prox­ Unwittingly, they thus opened the way for mire and George McGovern and former Sen. individual committee chairmen to turn their FBI FILES MAINTAINED ON Eugene McCarthy began to urge that station committees into baronies where rigid MEMBERS OF CONGRESS owners' program Judgments be cloaked with seniority prevailed. An occasional liberal First Amendment rights. became chairman, but under the seniority (Mr. KOCH asked and was given per­ On March 14, 1972, for example, McCarthy system, most of the chairmanships gravi­ mission to extend his remarks at this issued a "Statement on Freedom of Broad­ tated to those members who had the safest point in the RECORD and to include ex­ casting" which warned of the dangers which seats-rural Southerners or machine regulars occur when power Is given to the White traneous matter.) from a few big cities. Mr. KOCH. Mr. Speaker, it was re­ House/FCC to interfere, criticize or evaluate The ideal toward which Mr. Bolling and whether the content of broadcasting serves like-minded reformers among House Demo­ cently discovered that the FBI main­ the public interest. He stated, "We cannot crats have worked is to restore power to the tains files on Members of Congress. The continue government efforts to regulate the Speaker but power shared with an elected fact is that it is old news. My suggestion quality and substance of broadcasting." He policy committee and responsible to an that Congress be alert to and halt FBI saw no reason at all why the government active caucus of the majority party. The first maintenance of secret files or political "should impose quality standards on radio breakthrough came in 1961 with the enlarge­ and television broadcasters when we have no dossiers on Members of Congress can be ment of the House Rules Committee, making found in statements I inserted in the such government controls on newspapers." it more amenable to the wishes of the Speaker His absolutist position arose from the !act in scheduling debate on legislation. The CONGRESSIONAL RECORD on February 7, that those who wanted to increase the regu­ second came in 1965 when two Southern 1973, and September 12, 1973. lation of broadcasters were doing so "in Democrats who had supported the Goldwater Congressmen BINGHAM, ROSENTHAL, the hope of getting them to do what they candidacy were stripped of their committee and I, when we learned that there were want ..." seniority by the House Democratic caucus. files on Members of Congress held by the Watergate then, has helped validate the This established the principle of fidelity to FBI, instituted a lawsuit to obtain those thesis that our dedication to the basic phi­ party. files. Judge Gesell in deciding the case losophy behind the First Amendment is in­ In December, the caucus stripped the versely related to our confidence that the Democrats on the Ways and Means Commit­ held that complaints to the FBI, whether White House understands its values and pur­ tee of their power to assign other Democrats against Members of Congress or anyone poses. When we are convinced that the presi­ to committees. This authority was placed else, were not available under the Free­ d~ntial political process recognizes and re­ with the Speaker and the Steering and Policy dom of Information Act. After this ad­ spects the First Amendment's purpose and Committee that he chairs, instantly trans­ verse decision and after obtaining from sanctity, the less nervous and anxious we are forming that important group into a new Director Kelley a letter in which he made about its vitality and values. The more we power center. it clear that the complaints did not in­ doubt the President's commitment to it, the The 24-member Steering and Polley Com­ more eager we are to implement and mittee is made up predominantly from the volve either criminal or security matters, strengthen it. Bad presidencies have the middle levels of the House Democrats, per­ we did not proceed with the case. In­ effect of giving the First Amendment a sons who are not yet committee chairmen but stead, I am proceeding with legislation charge of adrenalin. not radical insurgents either. The commit­ introduced last year and reintroduced on tee last week voted to unseat two long-time the first day of the new Congress which chairmen-Wright Patman of Texas, who has would require the destruction of files THE BOLLING HOUSE headed Banking and Currency, and Wayne maintained by the FBI with respect to Hays of Ohio, who has headed House Admin­ Members of Congress except where such ·

EXTENSIONS OF REMARKS

WORDS OF INSPIRA'T'ION IN TIMES she endured the pain of recalling that her feet. She is weathered by experience and OF TROUBLE sons and daughters had been stolen, beaten, withered by the heavy burden of being over­ chained and sold into a system so perverse worked, oppressed and ignored. But she's our that it challenged her understanding, she rock of ages, standing steadfast against the HON. CHARLES B. RANCEL knew nothing of the politico-economic ar­ tides of t1·ouble, the rancor of racism and the rangements of that day. Words such as mer­ bitter winds of benign neglect. OF NEW YORK cantllism and imperialism meant nothing to While she remembers us, she wonders now IN THE HOUSE OP REPRESENTATIVES her; but in her heart she knew that some­ whether we remember her. She taught us to thing had just made an attack upon the soul Monday, January 27, 1975 stick together, yet she saw the anti-black of her people. elected official, self-consuming, paranoid dis­ Mr. RANGEL. Mr. Speaker, the eco­ Although she was left behind, too old to be unity of a national black political conven­ nomic future of our country looks bleak. privy to the plunder, she felt the tremors tion in Littl€: Rock that fiddled around while During the recent months unemploy­ when that enslaved black humanity, which home wa..c;; burning. ment has climbed to 7 percent and is theretofore had thrived under the moon and She taught us to love one another, yet the stars of freedom, survived the middle pas­ spiraling incidence of black-on-black crime destined to go up before the end of the sage and was spewed onto the docks of year. The black unemployment rate is Jamestown, Virginia, to make cotton king makes her wail the words from Genesis, "the voice of your brother's blood is crying to you almost double the national figw·es, and and the king corrupt. from the ground." As we were defined as chattel, sold like a as seems to be the case during most eco­ She taught us to survive on little in a nomic setbacks, it is the poor and the horse, worked like a. mule, mated like cattle and treated like a dog, the spirit of that old land of plenty. Yet, now she stands in mute black that are suffering the most. woman presided over us. She saw us emanci­ amazement at an America where the thing However, even under the most trying pated into a system of freedom where every­ that is fed the best is infiation, and it is times we must continue to look toward body was free but us. She consoled us while partial to dark meat. the future with hope; we must look not we endured pellagra, boll weevil exploitation, Our rock of ages taught us that if we did only to ourselves but to each other for lynching, castration and racism so barbaric right, obeyed the law and loved the Lord strength, for in unity there is strength that its vestiges plague the oppressed an