15646 EXTENSIONS OF REMARKS May 19, 1977

T he following-named N avy enlisted scien- to the qualifications therefor as provided by INTERNATIONAL BANK PosTs tific education program candidates to be per- law: R ichard N . Cooper, of Connecticut, to be manent ensigns in the line of staff corps of *John E . Bonnette *Darrell L. K ulhanek U.S . A lternate Governor of the International the N avy, subject to the qualifications there- *William D. Brown, Jr. *James D. Lauerman. Bank for R econstruction and Development for as provided by law: *James W. Clark *Philip E . Lutz for a term of 5 years; U.S . A lternate Gover- *K erry A . Canby *Patrick R . N orton *R onald W. Curtis *Charles H. M ulligan nor of the Inter-A merican Development Bank *K irk R . DeBerry David B. Smith *Patricio P. Dungca *F rankie L. Phillips for a term of 5 years; U.S . Governor of the A sian Development Bank, and U.S . Governor T he following-named (N aval R eserve O f- *R ichard C. Dowden *Lee R . Ploeg ficers) to be appointed permanent command- *E ldon P. Henry, Jr. *M elville W. of the A frican Development F und, vice Wil- ers in the M edical Corps of the U.S . N avy, *Danny D. K och Volbrecht, Jr. liam D. R ogers, resigned. subject to the qualifications therefor as pro- T he following-named (N aval R eserve of- vided by law: ficers) to be appointed tem porary com - *CDR Victor C. Heath, M C, USNR manders in the M edical Corps of the U.S . *CDR Ludwig A . R ossillo, M C, USN R N avy, subject to the qualifications therefor CONFIRMATIONS *CDR Joseph W. Weaver, M C, USN R as provided by law: E xecutive nominations confirmed by T he following-named (N aval R eserve of- *CDR Latimer T. Albert, M C, USNR the Senate M ay 19, 1977: *CDR Robert D. Chaney, M C, USNR ficers) to be appointed permanent lieutenant IN THE AIR FORCE commanders in the M edical Corps of the U.S . *CDR Philip S. M etz, M C, USNR N avy, subject to the qualifications therefor *CDR Hugh P. Scott, M C, USNR T he following officer to be placed on the as provided by law: *CDR Ronnie D. Thomas, M C, USNR R etired List in the grade indicated under the *Cdr Latimer T. A lbert, M C, USN R *CDR M argaita V. Velasquez, M C, USNR provisions of S ection 8962, T itle 10 of the *Lcdr James C. Baggett, Jr., M C, US N R T he following-named temporary C hief United S tates Code: *Lcdr Louis A . Bernhardi, II, M C, US N R Warrant O fficers to be appointed lieutenants To be lieutenant general *Lcdr James A. Bloys, M C, USNR ( junior grade) in the U.S . N avy, for limited Lieutenant General R obert E . H ails, CDR R obert D. Chaney, M C, USN R duty, for temporary service, in the classifica- xxx-... 9 F R (M ajor General, R egular A ir *Lcdr Jesus E . F ajardo, M C, US N R tion indicated, subject to the qualifications xxx-xx-x... *Lcdr James F. M ayhew, M C, USN R therefor as provided by law: F orce) , United S tates A ir F orce. T he following officer to be placed on the *Cdr Philip S. M etz, M C, USN R *M ark D. Berner, A dministration. *LCDR John T. O'Brian, M C, USNR *John E . Bonnette, A vionics. R etired List in the grade indicated under the *LCDR Bolar R. Rao, MC, USNR *Patricio P. Dungea, E ngineering/R epair provisions of S ection 8962, T itle 10 of the United S tates Code: *CDR Hugh P. Scott, M C, USNR (Surface) . *LCDR Robert D. Shipworth, M C USNR T he following-named enlisted candidates To be lieutenant general *LCDR James L. Staiger, M C, USNR to be appointed tem porary chief warrant Lieutenant General Winton W. M arshall, officers, W-2, in the U.S . N avy, in the classi- *CDR Ronnie D. Thomas, M C, USNR xxx-xx-xxxx 0F R (M ajor General, R egular A ir fication indicated, subject to the qualifica- Force) , United States A ir Force. *LCDR Augusto C. Velasquez, M C, USNR tions therefor as provided by law: *CDR M argarita V. Velasquez, M C, USNR *R onald M . Decker, E xplosive O rdnance IN THE NAVY *LCDR John A. Yauch, M C, USNR Disposal T echnician. Vice A dmiral R obert E . A damson, Jr., U.S . T he following-named (N aval R eserve of- *T ommy L. K irchner, E lectronics T ech- N avy, for appointment to the grade of vice ficer) to be appointed a perm anent lieu- nician (S urface) . admiral on the retired list pursuant to the tenant commander in the D ental Corps of The following-named (U.S. N avy officer) to provisions of T itle 10, United S tates Code, the U.S . N avy, subject to the qualifications be appointed a temporary commander in Section 5233. therefor as provided by law: the M edical C orps in the R eserve of the A dmiral John P. Weinel, U.S. N avy, for ap- LCDR John C. Schroer, DC, USNR U.S . N avy, subiect to the qualifications pointment to the grade of admiral on the re- T he following-named temporary chief war- therefor as provided by law: tired list pursuant to the provisions of T itle rant officers to be appointed permanent chief CDR David A. John, M C, USN 10, United S tates Code, S ection 5233. warrant officers, in the U.S . N avy, subject V ice A dmiral John J. S hanahan, Jr., U.S . WITHDRAWAL N avy, for appointment to the grade of vice admiral on the retired list pursuant to the * A ppointment sent out A d Interim (Dur- Executive nomination withdrawn from provisions of T itle 10, United S tates Code, ing the recess of the S enate) the Senate M ay 19, 1977: Section 5233.

EXTENSIONS OF REMARKS

LIM ITED BAN ON SACCHARIN that should be of concern to every M em- foodstuff, all one has to do is find an animal ber of the House. which will develop some form of cancer when The letter follows: fed the foodstuff regardless of w hether HON. DON BONKER amounts are reasonable or even possible on THE MASON CINIO, OF WASHINGTON the human scale and one can then run his Seattle, Wash., March 19, 1977. com petitor out of business, all the w hile IN THE HOUSE OF REPRESENTATIVES Hon. D ON B ONK ER, appearing as a protector of humanity whose House Office Building, Wednesday, M ay 18, 1977 only aim is to prevent cancer. Washington, D.C. T o go to the case of saccharin, it appar- M r. BO N K ER. M r. Speaker. FDA 's re- D EAR MR. BO N K ER: A s a rhysician who, for ently is true that in certain strains of mice cent decision to impose a limited ban on the last quarter century or more, has devoted or rats bladder cancers apparently had de- saccharin has stirred much comment, most of his life to the treatment of diabetic veloped in a proportion of these anim als and most of it has been adverse. A s a patients, I feel it incum bent upon m e to when they are exposed to extremely high result, a number of bills have been in- write to you and other members of the Con- concentrations of the particular foodstuffs. troduced and hearings are scheduled to gre=s in regard to the recent ban on the use If the newspaper article I read is correct, to of saccharin in the United S tates. I have apply these doses to human scale it would determine whether the ban is justified waited several days to write in the hopes that mean drinking something like 37 or 38 gal- and necessary. m y tem per would cool sufficiently and I lons of saccharin flavored pop per day for Like many of my colleagues in the might be able to put forth a reasoned opinion life to run a modest chance of developing House. I have received hundreds of let- and argument. bladder cancer. E xcept in the largest adults, ters from constituents who are upset Properly applied, who can argue with a law the imbibing of 37 gallons of liquid per day With the F DA 's rulirig. O ne such letter which attempts to prevent human consump- w ould in itself be fatal. S im ilar logistics comes from Dr. William J. Steenrod, Jr., tion of materials in foods which are known apply in the case of the cyclamate ban of a few years ago. who has made a persuasive rase against to cause cancer in anim als? T he answ er obviously is no one as long as the law is Perhaps the part which raises my ire the the Government's decision on saccharin. reasonably applied. However, in the case of most is that the perpetuators of this debacle Dr. S teenrod, a professional who deals both the cyclam ates and saccharin a sort callously disregard the comfort of a few mil- w ith these m atters on a day-to-day of adversary approach has been used. If one lion diabetics who cannot, in good health, basis, raises some troubling questions has a competitor who makes a competing tolerate sugar in order to thw art the m il- May 19, 1977 EXTENSIONS OF REMARKS 15647 lions of dieters who can eat sugar, if no cost". Only 29 percent did not believe they priority for the next Administration," 18 other sweeteners are available. It must be were worth the extra cost; selected "helping consumers to get a fair obvious that saccharin and cyclamates as Eighty-three percent of the public said deal when shopping," which placed it below well would not have been "proven poisonous" they believed that "people active in the con­ inflation, unemployment, Federal spending, had they not presented a significant com­ sumer movement have done a great deal of welfare reform and Federal taxes, but above petition to the sale of sugar. good or some good". Only 4 percent thought establishing a national energy policy, restor­ On behalf of the hundreds and hundreds they had done some harm or a great deal of ing integrity to Governments, controlling air of diabetics with whom I deal aU the time harm; and water pollution and national health in­ surance, among other things. I hope you will do all in your power to chang~ The public identified "food manufac­ this law, so that such needless sanctions will Fifty-nine percent of those questioned turers," the "oil industry," "car" and "drug" agreed with the statement that "most com­ not be applied to a group of people who al­ manufacturers as among the industries they ready have enough troubles of their own. panies are so concerned about making a would most like the consumer movement to profit they don't care about quality," and 65 Very truly yours, devote its attention to in the future; Wn..IJAM J. STEENROD, Jr., M.D. percent agreed that people with problems or Sixty-one percent of the total public said complaints about purchases often found it that there should be the "same amount" of "very ditncul t" to get them corrected. Para­ or "more" government regulation of business. doxically, however, 52 percent thought that "most companies do a good job of providing I believe that the results of this com­ reasonable products at fair prices." THE PUBLIC SUPPORTS THE AGEN­ prehensive and business-sponsored poll CY FOR CONSUMER PROTECTION demonstrate that the harmful, but ADS CALLED MISLEADING powerful, business opponents of the con­ In answer to questions abou~ advertising, 46 percent said they thought most or all of sumer agency legislation are both out of television advertising was seriously mislead­ HON. BENJAMIN S. ROSENTHAL step and out of favor with our consumer ing while 28 percent held the same view OF NEW YORK constituents. A majority of the American about print advertising. IN THE HOUSE OF REPRESENTATIVES people apparently believe that the pro­ The survey also found that none of the posed Agency for Consumer Protection groups of opinion leaders accurately mir­ Wednesday, May 18, 1977 W:ill make the existing regulatory agen­ rored the concerns of the public. But the cies operate more efficiently, effectively, consumer activists differed mainly in that Mr. ROSENTHAL. Mr. Speaker I they considered the problems to be more want to bring to the attention of our ~ol­ and fairly. serious than did the general public, while the leagues a recent Louis 1Harris poll show­ [From the New York Times, May 17, 1977] business executive held generally opposite ing strong support throughout the coun­ SURVEY SHOWS DISTRUST OF BUSINESS AND views to the public attitudes. try for establishment of a Federal SUPPORT FOR CONSUMER AGENCY The survey summary described this atti­ Agency for Consumer Protection and (By Frances Cerra) tude difference as a "gulf" which should be "a cause of real concern to the more thought­ showing mistrust of the business' com­ A national public opinion survey reported ful managers who are anxious to improve munity. that the American public has a higher priority on the solution of consumer buy­ the public sta.nd!ng of business." Opponents of the Consumer Agency ing problems than on air and water pollu­ are engaged in a m~ssive campaign to tion or restoring integrity to government. CoNSUMER UNREST STAGGERING convince the Congress and the media The survey, conducted by the Louis Harris that: First, the public opposes creation (By Marian Burros) and Associates polling on behalf of Sentry Pollster Louis Harris yesterday said an of the Agency, and that second, the con­ Insurance, also found that the public had opinion research survey conducted by his sumer advocates who strongly urge its great confidence 1n consumer leaders and firm shows broad public support for the con­ creation are out of step with the public. endorsed, by 52 to 34 percent, with the rest sumer movement accompanied by a deep dis­ The results of the recent Harris poll­ undecided, the creation of a Federal con­ enchantment with the business community's commissioned and paid for by the Sentry sumer protection agency. response to consumer needs. Insurance Co.-demonstrate the falsity The results of the survey were released yes­ Harris called the study a "landmark," of these statements. terday at a Washington news conference documenting the phenomenal growth of the held by Esther Peterson, President Carter's I am appending two news reports of consumer movement which he said is "stag­ consumer adviser. Mrs. Peterson said the re­ geringly" larger than similar ones of the the poll results. Some of the highlights sults proved that "the public is fed up with past such as the populist, labor or equal­ of the poll that are relevant to the con­ our current marketplace system-they blame rights-for-blacks movements. business for shoddy products and warran­ sumer agency discussion follow: "The consumer constituency dwarfs all of Fifty-two percent of the total public favor ties." WARNING TO BUSINESS them," Harris told an audience of congess­ the creation of a Federal consumer protec­ men, business executives and consumer af­ tion agency. Thirty-four percent oppose tts She used the opportunity to push for crea­ fairs specialists on Capitol Hill. tion of a Federal consumer protection creation; He also said consumers are disgusted with agency, which is supported by the Carter Fifty-nine percent of the total public said a whole range of problems they blame on they believed that "the leaders and spokes­ Administration. A bill to create such an agency narrowly passed the House Govern­ business: soaring prices, products of ques­ men of the consumer movement reflect con­ tionable safety, false advertising clahr..s, sumer feelings". Only 22 percent said the ment Operations Committee last week after intensive lobbying by business interests. "woefully inadequate" service, warranties consumer leaders "are out of touch with con­ and guarantees that don't mean anything, sumers"; Louis Harris, who also appeared at the lack of redress and "extreme difficulties in Sixty-one percent of the total public said conference, said the poll showed that "the receiving common justice in the market­ they believed that "the leaders of the con­ cellars of America are cluttered full with place." sumer movement are reasonable in their products consumers bought and couldn't More than 2,000 persons were interviewed criticisms and demands". Only 14 percent use" because of "woefully inadequate post­ sale services and shoddy workmanship." for the survey, commissioned by Sentry In­ said they were "unreasonable"; surance; a cross section of 1,510 Americans Fifty percent of the public said that com­ A spokesman for Sentry Insurance said and 522 persons from leadership groups made pared with 10 years ago, "consumers get a that the insurance carrier has sponsored the up of consumer activists, senior business worse deal in the marketplace". Only 27 per­ poll because John Joanis, the board chair­ managers, business and government con­ cent said they get a better deal; man, believes that the business community sumer affairs specialists, and insurance and needed to understand the depth of consumer non-insurance regulators. Seventy-seven percent of the public said unhappiness in order to respond to it. that "the consumer movement has kept in­ According to the survey, the business lead­ dustry and business on their toes". Only The survey was compiled from 2,032 in­ ers were less in touch with the public's 8 percent disagreed. terviews with a representative national group wants and needs than any of the other of adults that was conducted late last year. groups. The consumer activists were more Sixty-nine percent of the public agreed In addition, six groups of opinion leaders, that "the consumer movement has helped a extreme in their criticisms and demands on among them consumer activists and senior great deal to improve the quality and stand­ business than was the public, but the sur­ ards of products and services". Ten percent business executives, were also polled to see vey says people turn to them for helo because disa-greed; how well their attitudes corresponded with they do not believe business will reform it­ Fifty-two percent of the public said that those of the general public. self or that big government can regulate it. while the demands of the consumer move­ When handed a list of issues facing the Instead, the public wants the regulatory ment have resulted in higher prices, those nation and asked to choose which two or process opened np for citizen participation higher prices "were generally worth the extra three were of "the highest · concern and by individuals and by consumer activists. 15648 EXTENSIONS OF REMARKS May 19, 1977 The publlc does not lay all of the blame U.S. ARMS SALES POLICY arms sales will soon diminish, appraisals of for its problems on business and government. how the U.S. handles this problem continue It is critical of its own ab111ty to shop prop­ to be heard today. erly: Sixty-five per cent said most consum­ We hear constant pronouncements o! re­ ers do not make proper use of product infor­ HON. LEE H. HAMILTON straint from the government. Yet arms sales mation already available. OF INDtANA continue at high rates. The name of the game still appears to be sell, sell, sell. But even though 72 per cent of them IN THE HOUSE OF REPRESENTATIVES think they are better shoppers than they We hear elaborate statements of the cri­ were a decade ago, 50 per cent feel that over­ Wednesday, May 18, 1977 teria used to approve sales. Yet these cri­ all they get a worse deal in the marketplace Mr. HAMILTON. Mr. Speaker, I teria do not seem to significantly affect the today than they did 10 years ago with few would like to bring to the attention of sophistication or reduce the number of exceptions: Seventy per cent feel that prod­ my colleagues a speech I recently de­ weapons we sell abroad. The rationales for uct labeling is better and 60 per cent say that many sales remain unclear. livered to the Industrial College of the We hear that the various agencies of our products are safer. Armed Forces of the National Defense government have coordinated positions on The majority are generally optimistic University located at Fort McNair here how to treat sales issues. Yet we can see about the future but feel that the problems in Washington on Aprill9, 1977. that the lack of a clean arms sales policy which have worsened in the last 10 years will The speech follows: is largely due to the fragmentation and dif­ continue to deteriorate in the next 10: Fifty­ ferences of views that exist in the ARMs SALEs: A CoNGRESSIONAL PERSPECTIVE five per cent believe the life of products will government. get shorter and that it will be more difficult I. INTRODUCTION We hear that our government has effec­ to get things repaired; 46 per cent believe the The United States has the dubious dis­ tive control over all people involved in this difference between manufacturers' claims tinction of being the world's largest arms country's security policy, including arms and product performance will increase. salesman. This country, indeed, sells over sales. Yet in some countries, our own Defense Harris says such answers are "a clear early 50% of the arms sold ' orldwide. Department does not even have authority warning to business . . . for far-reaching During the Presidential campaign, Jimmy and control over all American defense per­ changes in management and regulation of Carter said: "We cannot be both the world's sonnel in those countries. One sees private business." leading champion of pt· a.ce and the world's American defense contractors, pursuing their Some of the same areas of business about leading supplier of weapons of war." activities without restraint, in places like which people gripe the most now such as President Carter Wa.E' right. Yet, he also the Persian Gulf, talking to leaders, often car mechanics and garages are those which recognized the comple: aes and intricacies without government approval. wlll bear watching in the future, but leading of elaborating an armt ~ales policy that is We hear that Congress has an effective everyone's list of targets for consumer action appropriate for a nation that is the mcst oversight over the process by virtue of its are the food industry, hospitals and the med­ powerful militarily and economically, and legislative veto over major arms sales. Yet. ical profession. that should be setting an example for all Congress has not disapproved any sale to Another area in which the public and the nations to follow. date and cannot be reasonably expected to leadership groups agree is on the impact of Since 1970, United States arms sales agree­ stop sales, because it sees prospective sales the consumer movement. To a greater or ments have increased ten-fold. An estimated so late in the sales negotiation process, that any disapproval by Congress is deemed to lesser de>Jree all say that it has given con­ $32 billion worth of m111tary equip­ Americ~n cause considerable bilateral diplomatic and sumers a better deal, that it has kept business ment and services are in the pipeline for vari­ political problems for the United States. on its toes and that it is here to stay. ous states around the world. The President The Carter administration is currently At the same time, the value of the con­ considers the high level of our arms sales preparing a comprehensive study on U.S. sumer movement in the eyes of business is so alarming that he has personally reviewed arms sales policy. This study, inspired by "in stark contrast to all other groups all the major arms agreements presented the President's personal interest in reducing sampled." While 59 per cent of the public since his Administration took office. arms sales, will set the tone for U.S. policy believes the consumer movement reflects con­ While it is difficult and probably unwise to in the area of arms sales over the next few sumers' feelings, only 29 per cent of the end all arms sales or even significantly re­ years. I believe it will address many of the business managers do; 67 per cent of the duce them it is imperative that we critically concerns that those of us the Congress and publlc does not think consumer activists are examine our arms sales policy or lack of the country at large have over this issue. trouble makers, but only 32 per cent of the policy. In recent years, we have helped to As the new administration seeks to define business cqmmunity feels that way. And only promote both horizontal and vertical arms and rationalize U.S. arms sales policies, I 5 per cent of them think consumer activists . proliferation-horizontal in that more and would like to review with you some of the take the cost of their demands into account, more states are purchasing equipmen~. and issues that are frequently brought up with while 43 per cent of the public does. vertical, i_n that more numerous and sophis­ respect to arms sales. They include the cri­ At the same time that the majority of the ticated arms are being sold. teria used by the U.S. government to ap­ public acknowledges that consumer activists' I acknowledge that arms sales, even large prove or deny sales; the pros and cons of demands have increased the cost of some arms sales, may be necessary in today's arms sales; and some Congressional views products, they say they are willing to pay world, particularly in light of the evolution on present problems and future needs in these costs. in American foreign policy away from di­ this policy area. At yesterday's briefing, Harris said tbis rect m111tary assistance to and direct U.S. II. GOVERNMENT CRITERIA ~OR JUDGING ARMS ought to make business realize that "if you involvement in countries throughout the SALES deliver value for money, people will pay for world. Arms sales are an important part of The criteria used by the various agencies it." American defense efforts and a vital tool in of the executive branch of our government conducting present U.S. foreign policy. Yet, to permit or disallow arms sales are several. And tn order to get better and safer prod­ they should not become primordial elements ucts and services, the public is willing to try of that policy. and have been advanced frequently in Con­ new techniques, which is not surprising be­ gressional hearings before the Committee on cause they do not think the old techniques The problem with arms sales is not just International Relations on which I serve. are working. the lack of restraint in sales of military There may be other criteria but the follow­ equipment and services, but that arms sales ing appear to be the most common: They support creation of an a~ency for have become a major instrument of Ameri­ First, are weapons offensive or defensive? consumer protection-which ls the sub.1ect can foreign policy, without proper manage­ of very heated debate in Congress right now- Although there is probably no such thing ment of them, without adequate rationale as a "defensive" weapon, nevertheless, cer­ 1'1 52 to 34. per cent. There also is consider­ for them, without adequate consultation a1lle interest in compulsory consumer educa­ tain weapons are inherently more suitable with or scrutiny by Congress, and without to defensive roles, while others can be as­ t1.Jn iu scLool; creation of an independent sufficient explanation to the American laboratory to test product safety; complaint signed primarily offensive capab111ties. Weap­ people. ons deemed to be defensive are more easily b1 ·reaus in each city; consumer affa.irs spe­ In instance after instance over the past clalis"-8 as senior officers in large companies; approved, although other factors, such as half decade, arms sales have represented existing capab111ties of a given country or and consumer representatives on the boards a disproportionate part of our total foreign of directors of these companies. those of potential enemies, are simultane­ policy effort, to the deteriment of our eco­ ously taken into account. For example, the According to the survey, "There ls no ques­ nomic developmental, political and diplo­ State Department claims that analysis of a tion" that the business community is "in matic efforts. Our arm sales policy has been proposal to sell tanks normally is more rigor­ real trouble with the American people on the fragmented and shaped by the differing, and ous than a proposal to sell anti-tank mis­ consumer issue_." sometimes contradictory, desires of the State siles. The survey concludes that lf business per­ Department, the Defense Department, arms Second, what is the political and strategic formance in the next 10 years "cannot match manufacturers, and Congress, or by the impact of the proposed sale? the public's expectations, then the ground whims of a President or Secretary of State. The mere acquisition of a weapons system swell of dissatisfaction, already so strong, will Although there are hopeful signs that the by a state, however 1ustifiable in terms of become more strident and more hostile." great emphasis U.S. policymakers place on legitimate defense needs and intentions, may May 19, 1977 EXTENSIONS OF REMARKS 15649 arouse the fears of neighboring states, and Tenth, what is effect on overall U.S. in­ sales annually means over 37,000 jobs here have a destabilizing effect on the region in­ terests? in the United States. For every $12 we earn volved, contrary to the stab111zing one in­ The political impact of a refusal on our from exports, $1 comes from the arms trade, tended. part to export military equipment or serv­ providing jobs for 400,000 Americans who Third, what are the financial and economic ices must be weighed in terms of our total work directly or indirectly for the wewpons implications of the sale? relationship with the country concerned, and manufacturers. The capacity of the purchasing state to our broader interests in the area. Second, arms sales have become crucial !or finance military imports, given its overall This list of criteria is impressive and exten­ the balance o! payments of Western nations, economic situation and requirements, must sive. However, one wonders how carefully which have deteriorated significantly be­ be taken into account. This criterion is par­ these criteria are actually applied. U these cause of the five-fold increase in oil prices ticularly important for nations that have criteria have been applied thus far, they have ot recent years. Sales are used to help offset heavy demands on limited financial resources not been applied forcefully enough, and they the increased costs of oil imports. and economic assistance funds. Furthermore, certainly have not had a restraining effect. Third, arms sales also help us maintain what sales mean for the U.S. economy and For these reasons alone, these stated criteria our military preparedness and our defense the U.S. balance of payments must also be perhaps should be viewed with some skepti­ production by lowering per unit costs of considered. In times of recession and ~Jenera! cism. items in our inventory. economic downturn, this criterion acquires These criteria need to be re-examined in Fourth, political and strategic arguments a special importance. One blllion dollars in terms of their thrust and their application, have maintained their importance for arms sales means 37,000 American jobs. On the and the utlllty of eliminating some and sales proponents. The most fam111ar argu­ other hand, we must be careful that such adding new ones. The emphasis in these cri­ ment il:! that "if we do not sell, others will," "bread-and-butter" considerations do not teria is 1n the wrong place. Sales should be and those "others" might be nations of override more crucial American security made less on the perceived needs of a for­ the communist bloc, something which would interests. eign country and more on the basis of what be contrary to our interest. Fourth, what is the absorptive capacity of we believe is in our own national interest. Fifth, arms sales are increasingly perceived the recipient state? The tendency to equate our interests with by other governments to be an integral and The ability of the purchasing state to use those of most of the states with which we vital aspect o! their relations with the proposed milltary imports effectively within have arms sales relationships must be re­ United States and as a key symbol of Amer­ its overall defense structure is an additional sisted. We must be willing to recognize that ican support. It is said that arms sales must factor to be reviewed. This situation applies we often have divergent interests with states be seen as a part of the total relationship we especially to newly-rich oil-producing states to which we have provided large amounts of have. with another government and not as which have access to huge amounts o! finan­ weapons. an isola ted aspect of it. In a time when we cial resources, yet often overestimate their A series o! important economic and m111- are reducing, and even eliminating, most o! military needs or purchase arms largely for tary issues are addressed by the questions our military assistance programs, this argu­ raised and the criteria mentioned. But in ment has acquired a new force. reasons o! prestige. Fifth, what are the intended uses of a most cases, persuasive positive answers can Sixth, the sale of equipment is seen as a be prepared to support almost any sale. means by which the United States can weapon to be purchased? Therefore, it is the rigorous application of Given the domestic character and foreign achieve a measure of influence over the these criteria that most needs scrutiny. recipients, and at the same time deny in­ policy goals of the purchasing state, the U.S. For example, although one criterion re­ government weighs a state's intentions in fluence to other potential suppliers. This in­ lates to the adsorptive capacity of a coun­ fluence is reinforced by the fact th,..t the requesting the weapons. This consideration try, very little attention has been given to also involves a judgment with respect to the United States must also supply spare parts determining at what point recipients o! and ammunition as well as training. This intention and ability of the recipient nation large-scale arms sales can no longer absorb to transfer U.S.-made weapons to third coun­ new type of dependency on the United and operate the modern weapons they are States by nations with which we have arms tries without U.S. approval. receiving. Iran is a case-in-point. Sixth, what are the security responsibl11- relationships permits us to influence develop­ To take another example, there are few ments in a nation or area and vindicate ties of the state? critical evaluations o! the threat to a coun­ Some states in an area bear regional se­ some o! our own security interests. Indeed, try or to the U.S. o! the expected perform­ U.S. arms sales often take the place of a U.S. curity burdens, and their requests are con­ ance of that country's mllita.ry organiZations. m111tary presence. This was an important ele­ sidered in light of these responsibUities. This Third, many states, especially in the Third ment of the Nixon Doctrine. criterion has applied particularly to certain World, simply do not have mllitary establish­ states in the Middle East (Israel, Iran, Saudi Seventh, the State Department uses arms ments that can effectively utillze the weap­ sales to create or maintain a balance of Arabia) which have ditncult positions in a ons sold them. This tact requires the insti­ region or ascribe themselves special roles in power so that the danger of actual confiict tution ot training programs run by Ameri­ is minimized. Therefore, in most cases, an the area. can personnel. This is a problem whose im­ Seventh, what are the alternative sources additional rationale for approving a sale is plications are just beginning to emerge. that it achieves an arms balance and m111tary of arms? As a. practical matter, tor many toreign The possibility of non-American sources stability in an area. This has been the over­ states which receive wea.pons !rom us or riding ra tlonale for our sales to the Middle of m111tary weapons being sought is a sig­ other arms-producing nations, there are tew nificant consideration. The State Department East and Persian Gulf, where over 80% of restraints on arms purchases. Some states our sales go. does not like to say it is a matter of compet­ have surplus cash; others have governments ing with the British or the French, or the which have few qualms in giving priorities Eighth, states must !eel secure. Our arms Swedes, or even communist countries, for ex­ to military preparedness; many states can are intended to provide that feeling of secur­ ports, or for the benefits of the political in­ point to a perceived external or internal ity. In many cases, also, the request for a fluence and presence that m111tary exports leftist or communist threa.t. sale by another government is in rec:ponse to afford, that it approves arms sales. But the Lack of restraint, therefore, seems to exist an arms acquisition by a neighboring power fact remains that the argument--"U we on both sides, and if solutions are to be from another source, which may frequently don't sell, others wlll-is frequently in­ found tor the world arms sales problem, the be a communist power. The Soviet Union voked by the proponents of a sale, espe­ requirements o! both suppliers and recipient supp11es over a third of the world) arms. cially if the "others" are communist sup­ states will have to be considered carefully. IV. ARGUMENTS USED AGAINST MAKING SALES pliers. As an initial step, the existing criteria for Such arguments for making sales can be Eight, what is the impact of sales on our own arms sales, as I have just outlined, counterbalanced by arguments against sales. American productive capacity? will have to be applied more forcefully, and Some o! the themes expressed most often by To the extent that increased volume of altered it necessary. critics of our arms sales policy directly ad­ production resulting from the sale of U.S. m. ARGUMENTS USED FOR MAKING SALES dress the issues as outlined by arms sales weapons abroad lengthens production lines proponents. and lowers the per unit cost of weapons In order to frame my Congressional view purchased by U.S. military services, our own of our arms sales policy, I would like to ex­ First, the economic argument in favor of milltary needs are better served. In some amine some of the arguments for making arms sales must be examined carefully. cases, particularly for highly sophisticated sales, and then outline what arguments exist Many industries are more labor-intensive weapons such as fighter planes, this has been against arms sales, a.t least in the nature than the arms induc;try is. Moreover, even a crucial factor. Our limited productive ca­ and amount we are witnessing currently. the most ardent critics of arm'i sales would pacity often places constraints on our abillty Wha.t really tends to lock the government not argue for a total elimination o! arms to respond to foreign mlltary requests 1n a into a pro-sales policy is the comblna.tion of sales, so that a realistic diminution o! U.S. time-frame acceptable to recipient govern­ the criteria used for making sales and the arms sales would not have the dire unem­ ments, because of the need to give priority broad rationales used most often in justi­ ployment cono;equences predicted by the de­ to our defense needs. fying sales. The rationales heard from ad­ fenc;e e"tablishment. Ninth, will the safe escalate the arms race ministration officials who testify on Capitol Furthermore, we should ask ourselves if in an area of the world? Hill are primarily economic, politioal, and our defense industry should be so heavily Our government maintains that we want strategic. dependent on export markets or be in the to prevent or discourage an arms race by po­ First, a. crucial argument today 1.s the position o! swaying our foreign policy; 1! tentially adversary nations in an area. question of Jobs. One b1llion dollars 1n arms armaments are the most socially usefUl out- 15650 EXTENSIONS OF REMARKS May 19, 1977 put for U.S. industries or the most produc­ plying both adversaries, we are :fueling arms sales, is useful, the review comes so late in tive allocation of limited resources in races which cannot help but lead to confiict the process of discussions and negotiations developing nations; and 1! arms exports and destruction. It is dimcult to see how over a sale between the U.S. and the recipi­ compromise the readiness of U.S. forces. such a situation can be in our interest or ent that full public scrutiny of sales is still Ultimately, we should determine 1f short­ based on a moral commitment to peace. dimcult and Congressional input ineffective run economic considerations should domi­ Finally, arms sales do not necessarily pro­ and detrimental. nate our foreign policy and national vide influence, contrary to what we are so Ways should be explored :for involving security. :frequently told. Arms sales are meant to give Congress in the arms sales process earlier, The U.S. defense industry should be effi­ the United States influence and leverage so that Congressional objections can play a cient enough to depend on domestic mar­ with recipient states. Yet we find that this role in determining decisions without ap­ kets, not foreign sales. Foreign sales should so-called leverage is rarely, 1:f ever, used. pearing to harm bilateral relations through not be the basis for keeping defense indus­ Polltical influence gained through arms public debate late in or after sales negotia­ tries alive, if that industry has no substan­ transfers may be lllusory, temporary, or in­ tions. tial domestic market. The argument, that "if effective. I have not been presented with any Additional mechanisms which have been we do not sell, others will" is a non-starter. It concrete instance in recent years where the suggested in Congress and which 11lustrate reflects not a policy, but a lack o:f policy. U.S. government effectively used the Influ­ the continuing Congressional concern in this There is an element o:f fut111ty about it. A ence we are meant to have acquired through area have been: instituting ceilings on the viable arms sales policy must be based on sales. sale of sophisticated weaponry to Third what is in our national interest, not on what V. CONGRESSIONAL VIEWS World countries; and seeking clearer explana­ others lnlght or might not do. There wm be These criteria and rationales have been tions o:f the reasons for specific sales. These instances when it is our national interest scrutinized in Congress, where the pros and explanations should not be the vague catch­ for others to sell and where our involvement cons of arms sales continue to be debated. all, repetitive, somewhat careless reasons in particular situations needs to be mini­ The emerging Congressional consensus on often used. Congress should be told precisely mized. the issue includes the following elements: why speclfl.c sales are made. Over the long-run, other considerations The U.S. must exercise restraint. Given the Finally, I see increasing pressure in the will acquire greater importance. And the dominant U.S. position in the arms trade, Congress for serious and sustained diplomatic United States must be aware of them and be greater U.S. restraint is a prerequisite for the efforts to convene an arms suppliers' con­ prepared and willing to confront them. development o:f effective arms control meas­ ference to consider the ways and means of Third, the United States takes certain ures worldwide. On balance, a strong senti­ restraint. risks in providing arms, particularly to those ment exists in Congress for reducing arms Congressional involvement in the arms countries which have either current or po­ sales significantly in the abstract. However, sales process has had both its pluses and tential domestic instab111ties. The introduc­ in specific cases, only a minority seeks to minuses, however. On the pcsitive side, Con­ tion of new weapons systems into a danger­ block proposed sales. Yet, in part because gress has forced a rethinking of U.S. arms ous situation may increase the likelihood o:f Congress has undertaken legislative initia­ sales policy within the government. On oc­ violence. M111tary stab111ty through arms bal­ tives to oversee and control arms sales, I casion, it has forced the reduction, delay, ance is extremely dimcult to secure. New think it is fair to say that most Congress­ or denial of a prospective sale (missiles to weapons, whether or not they increase the men are uneasy with the magnitude of our Saudi Arabia, planes to Pakistan). It has de­ probab111ty of conflict, do expand the poten­ arms sales. manded clearer publlc explanations o:f policy. tial destructiveness of warfare. Arms control and limitation alternatives It has started a broader public debate and In most, 1! not all, mmtary conflicts since must be given a higher priority than they scrutiny of sales prcgrams. Basically, it has the end of World War II, imported arms were had in the past. A better way must be :found insured that there is some check in the sys­ used almost exclusively. Can the suppliers of to bring major arm !';Uppliers to control sales. tem on the use of this instrument of for­ those arms disclaim all responsibility for Four countries-the U.S., the U.S.S.R., eign policy. their use and the death and destruction they France, and Great Britain-make over 90 On the other hand, there have also been cause? percent of the major weapons transfers to the some negative aspects to Congressional in­ Fourth, it is a high-risk game to move sub­ developing world. Multilateral restraints are volvement. For example, we have not been stantial quantities o:f sophisticated weapons essential. consistent in opposing certain types of sales into regions o:f the world which have a his­ There is an overriding feeling in Congress to certain states. The process has focussed tory of unstable governments. Governments that this country needs a coherent compre­ too much on prospective sales to ~srael's po­ can change abruptly. Today's enlightened hensive arms sales policy. We need a frame­ tential adversaries. Congres often becomes leader can be tomorrow's despot. work in which foreign requests to buy arms involved EO late in the sale that it tends to President Carter has made morality an can be judged, a set of strict standards for complicate bilateral relations and to play a essential element· of his foreign policy. In defining the American interest in foreign counter-productive role, so much so that that light, moral considerations shoUld be m111tary sales. American arms sales have we may damage important national interests given a greater place in our arm sales policy, been, in the view of many in Congress, more of the United States. since it has become an important element a reaction to events abroad than a reflection We can also, through our unpredictable of our overall foreign policy. Most Americans of our national interests and an effective for­ actions, severely disrupt the United States' are simply not comfortable with an image eign pollcy. ability to maintain confidence in this coun­ as the chief arms supplier to the world. This The United States needs to articulate, not try among friends overseas. image is harmful to American ideals and to only a clear arms sales policy, but a policy VI. POSSmLE ISSUES FOR THE FUTURE the promotion o:f an effective and moral which enables us to say "no" to a country, American role on the internation3.l scene. The debate on arms sales wlll surely con­ to let others sell in our place, and to cut sup­ tinue within the United States. The role of Fifth, arms sales divert scarce resour~eJ plies 1f necessary. Economic motivations Ccngress and its risks and benefits wlll also :from economic development efforts that should be subordinated to foreign policy, many countries should undertake. By cater­ be contested. But I think it is clear that national security and arms control consid­ Congress is in the arms sales and control ing to demands for arms, the U.S. incurs a erations in determining u.s. arms export precess to stay, and that Congress is likely moral responsib1llty :for wasting resources policies. to refine, and in some areas broaden, its role and for e&calating regional arms races. In attempting to define. or help the execu­ in the process. Sixth, another consequence which is only tive branch define, a coherent and adequate rn conclusion, I w-ould like to sketch :for begmning to emerge as a result of the United :foreign military sales policy, Congress has you what I see as the issues coming before States' w!llingness to sell arms to certain expressed itself on a number of issues relat­ Congress in the next few months, in addi­ countries is the related involvement caused ing to arms sales. Congress recognizes the tion to mme sales agreements it might have by the continuing supply and support re­ need to keep our European allies supplied to consider. sponsib111ties which bring the United States with the bec;t American weaponry. The needs First, Congress will consider ne.w ap­ into situations where it should not be a o:f our NATO aliles should receive the highest proaches to get involved in the sales process participant. Arms sales have led to the influx priority. earlier, so as to affect policy :formulation of thousands of Americans where they should The main problem, in the Congressional before it is presented with a fait accompli. not be. rn addition, the United States in sell­ view, has been in sales to the developing This may involve a Congression role before ing modern and sophisticated equipment, nations. Congress has mandated that grant Defense Department surveys of foreign mili­ runs a risk of transferring high technology military assistance should be phased out tary establishments are made, as these sur­ items. quickly. Many of its members have become veys often tend to lead to sales. Seventh, provisions of arms to repressive concerned over the lack of control over the Second, Congress is getting weary of rhet­ regimes is both counterproductive in the activities of private defense contractors over­ oric from the Executive branch that our long run and unacceptable to our belief in seas. It has indicated that commercial sales policy is one or restraint. We hear of re­ free and democratic societies. U.S. military of m111tary equipment should be phased out. straint, but see only further sales. I:f this training can, in some instances, enhance the Congress has legislated various mecha­ situation continues, Congress may move to power of governments that act contrary to nisms to try and control and oversee arms enact legislative measures that woUld force American ideals and principles. Particular- sales. However, although such Congressional some sort of restraint in our arms sales. Last 1Y in areas of tension and in those situa­ oversight of arms sales, through provisions in year, I offered an amendment to impose a tions in which the United States may be sup- the law which allow for review of prospective $9 b1llion ce111ng on our arms sales. It was Nlay 19, 1977 EXTENSIONS OF REMARKS 15651 taken out during the conference committee earned last year, and a list of foreign tion well, if it is to be sensitive to the on the Security Assistance bill in which It trips, and of domestic trips paid for by needs of its people, it is essential that we was contained. The amendment had the sup­ pert o! then private citizen Cyrus Vance who others than the House or myself. have capable officials on all levels. Mayor said: "Though the setting o! a ceiling may The list follows: Davis was a most capable official and I seem somewhat arbitrary, there is a need to 1976 HoNORARIA can tell you, my collegues in this legisla­ define an overall limit to the growing arms March, Brookings Institute, $150. tive body, that we and our colleagues on sales prcgram.... The ceillng would compel June 25, Macalester College, $200. the State and local levels throughout United States pollcymakers to clarify their September 27, Brookings Institute, $150. this country, have lost from our ranks a priori ties in fcreign arms sales." October 18, Nat'l Assn. Small Systems public servant whose contributions will Another mechanism !or legislating re­ Users, $100. be deeply missed. straint might be some type o! moratorium October 19, Fairview-Southdale Hospital, I am sure the Members of this Con­ either on sales o! some types of weapons or $200. on all sales to a given region. Total: $800. gress will join me in extending to Mayor Charles C. Davis our deepest thanks for Congressional oversight is a further way 1976 TRAVEL PAID BY OTHER THAN HOUSE OF in which Congress can keep an eye on the REPRESENTATIVES his efforts on behalf of his constituency evolution of arms sales policy. Congress may and, in a broader sense, our constituency, Destination and Reimbursements try to expand Congressional oversight o! co­ and to wish him all the best in the years production agreements, which are increas­ January 4-9, Israel (trade, Soviet Jews), ahead. ing in number. Congress may want to make Ways and Means Committee. subject to stringent review procedures. January 30-31, Dearborn, MI (Midwest An increased scrutiny of sales made in Republican Conference), Michigan GOP; connection with nuclear agreements and base $100.73. RESPONSE TO 1977 QUESTIONNAffiE rights is also needed. There are indications February 27-29, Manitowoc (Lincoln day that in some cases, arm sales might be used address on way to District) , Manitowoc GOP; as leverage to prevent non-nuclear nations $46.10. from acquiring nuclear capabilities or nu­ May 5-7. District/St. Cloud (speak to HON. THAD COCHRAN MPIRF St. Cloud con!.), MPIRF; $228. clear reprocessing facUlties. Pakistan and OF MISSISSIPPI Brazil are examples of nations on which this June 3-13, Paris/Poland/Vienna/Brussels/ leverage might be exercised. London-trade, Department o! Commerce; IN THE HOUSE OF REPRESENTATIVES Arms sales have also becozne a factor in all. Wednesday, May 18, 1977 recent agreements with certain states to ob­ May 14-15, Duluth (address political mtg), tain or preserve, base rights. Spain ls a case. Frenzel Volunteer Committee; $278.14. Mr. COCHRAN of Mississippi. Mr. Turkey, Greece and the Phil1ppines may fol­ June 24-27, District (Macalester Taft Speaker, every year I send to all resi­ low. Inst.), Macalester College; $182. dents of the Fourth Congressional Dis­ We need to be cautious in making such September 17-20, Davenport, IA (fund trict a questionnaire inviting them to linkages. I see potential problems in prece­ raiser !or Jim Leach on way to district), Leach for Congress; $41.00. advise me of their views on some of the dents here. Such trade-offs may not always issues confronting the Congress. be In our interest. In my opinion a Representative has a Congress needs to give careful attention to the role and performance o! private de­ strong responsibility to reflect, through fense contractors over.::eas. Laws may need to his votes on legislation, the views, inter­ be strengthened to control when, after what TRIBUTE TO MAYOR CHARLES C. ests and needs of the people of his dis­ approval, and under what conditions, pri­ DAVIS OF FAffiMOUNT HEIGHTS, trict. It is through him that the citizens vate contractors can discuss and promote MD. should have a voice in their Government. sales. This year's questionnaire featured Overall, we can see a pattern emerging eight specific questions on the issues of with regard to arms sales around the world, HON. GLADYS NOON SPELLMAN the All Volunteer Army, minimum wage, how they are initiated, occur, and lead to retirement benefits, deregulation of continuing relationships between the United OF MARYLAND newly discovered oil and natural gas, States and recipient nations. IN THE HOUSE OF REPRESENTATIVES Defense Department surveys o! foreign unemployment, tax benefits for small mmtary establishments lead to sales re­ Wednesday. May 18, 1971 businesses, public utility rates, and the quests. Requests lead to agreements. Agree­ Mrs. SPELLMAN. Mr. Speaker, this electoral college. ments lead to extensive training, software I think the results of that poll were construction programs, and then hardware past Friday, May 13, a distinguished col­ league of ours in local government, interesting, and I would like to share deliveries. Deliveries lead to add-on service them with my colleagues. and maintenance contracts and software pro­ Mayor Charles C. Davis of Fairmount grams to integrate systems. Heights, Md., served his last day in office. When constituents were asked if they This pattern tends to increase sales and After 6 years as mayor, Mr. Davis chose favored an All Volunteer Army, only 27.9 American involvement. As you go through to retire rather than seek another term. percent said they favored the concept. the pattern, the American presence In­ And, though the citizens of Fairmount Forty-six percent said every able-bodied creases. man should be required to serve 1 year With mrre Americans present in a partic­ Heights wish him all the best, this deci­ sion was met with almost universal re­ of national military or civilian service. ular nation to service arms sales contracts, The remainder of those responding to there is a greater commitment. A commit­ gret among the people he has served so ment which ls open-ended, and one which well. Indeed, everyone familiar with the the poll, 26.1 percent, favored return to has foreign policy implications we are not mayor's record in office regrets losing the military draft by lottery. always aware of at the outset. from public service this most dedicated On the question regarding legislation What this means is that Congress and the official. which would abolish the electoral col­ American people need to realize that the sale lege and provide for direct election of the of a weapon itself is only the beginning of In this small space it would not be President, 79.9 percent favored it. U.S. Involvement, and that what is on the possible to chronicle Mayor Davis' list of My survey revealed that 71.3 percent other side of arms deliveries is still an open achievements while in office. The record of the respondents were against the Fed­ question. is important, of course, but even more eral Government taking an active role Congress needs to be vigilant to insure important, I feel, is the attitude which that at the end of the pattern the national in regulating utility rates which are cur­ he brought to the mayoralty, for, unques­ rently controlled by State and local interest is preserved and not distorted, and tionably, the hallmark of Mayor Davis' if governments. that our commitments, any, arise from a term was his willingness to place the careful and conscious choice by policymak­ I also found that a vast majority, 92.4 ers. welfare of his constituents before his own. Mayor Davis concerned himself not percent, supported legislation raising the limit on the amount of income a retired "PERSONAL DATA" only with the welfare of the entire com­ munity, but also with the welfare of each person can earn without jeopardizing his individual and he always found the time or her full social security benefits. HON. BILL FRENZEL to work with and to attempt to persuade Deregulation of newly discovered oil and natural gas was favored by 62.1 per­ OF MINNESOTA those whose positions enabled them to cent of the respondents. IN THE HOUSE OF REPRESENTATIVES help his constituents and his town. More than anything else, it is this perception On the issue of minimum wage, 36.6 Wednesday, May 18, 1977 of his responsibilities that will be re­ percent believed that it should be in­ Mr. FRENZEL. Mr. Speaker, per my membered. creased to $3 per hour, while 63.4 per­ custom, there follows a list of honoraria If our system of government is to func- cent did not favor this increase. 15652 EXTENSIONS OF REMARKS May 19, 1977 When asked about unemployment, 52.5 But make no mistake about it-there all of the other essentials in running an percent said they think the Federal Gov- are many countries just a step, or even orderly business. Let us remind ourselves ernment is doing enough to cope with the half a step behind us, who are more than that every company must have a reliable problem of unemployment, while 47.5 ready to take advantage of any oppor- sales forecast if it is to run its business percent said it should do more. tunity afforded by the United States. effectively. No company can stand idly Strong support was registered on the Increasing our control of foreign mili- by, waiting for orders to come in on the question dealing with a program of tax tary sales has given them this oppor­ initiative of customers, and no company benefits to smaller businesses and cor- tunity. We should not be so naive to be­ can operate if it is not free to sell its porations in order to encourage growth lieve that such an action by the United products. Now, I am not talking about and expansion as a means of providing States will be a deterrent to war, or even the responsibility of the Government to jobs. Seventy-seven percent of the re- make an iota of difference in interna­ control the issuance of export licenses; spondents favored this program. · tiona! relations as long as others are we had that control before the Arms Ex­ willing to fill the gap left by the United port Control Act of 1976, and we must States. keep it. However, we should be extremely cer­ I am talking about the proposed re­ THE FOREIGN MILITARY SALES · tain of the economic implications of such strictions on sales effort by U.S. firms POLICY FIASCO an action. Mr. Speaker, I have long that do business overseas. And I submit feared that the Congress was not thor­ that, if the U.S. Government prohibits oughly aware of these implications when sales effort by U.S. industry we are in HON. DALE MILFORD it passed the Arms Export Control Act effect nationalizing the industry. The OF TEXAS of 1976. Government cannot stop with control of IN THE HOUSE OF REPRESENTATIVES I was afraid that perhaps we were a sales effort; that is just where it begins. bit too optimistic, a bit too overzealous, The Government must also prepare the Wednesday, May 18, 1977 and grossly too uninformed. I feared that sales forecast, filling in the voids between Mr. MILFORD. Mr. Speaker, I would someday this act would come back to customers it selects to serve, ordering like to end all wars. If I thought that haunt us-that it would gradually and the material and sizing the work force, abolishing all the weapons of war would unnecessarily erode the R. & D. base and meeting the payroll. I cannot believe abolish war, I would write that legisla­ that has helped make this country so that this is the will of Congress. tion today. strong. With regard to categorizing equipment Of course, it might be some time before Unfortunately, I think my fears have for certain controls in the A.!'Ills Export I got agreement from England, France, come true. Some Government offices, re­ Control Act, I find that some nonlethal and Germany, let alone the Soviet Union sponsible for imolementing the act, have equipment has been categorized as "sig­ and China. but it would be worth the gone much farther than I think we in­ nificant combat equipment." For ex­ effort. tended. In their zeal to respond to the ample, in the Department of State Muni­ If this method for ending war sounds general concern of Congress over the tions Control Newsletter No. 21, dated unrealistic, perh.aps I can suggest an­ export of lethal weapons, they have October 1976, the C-130 cargo transport other-abolishing the sale of all weapons placed major constraints on the normal aircraft is classified as "significant com­ of war to another country. Of course, this sales activities of U.S. companies. bat equipment," even though the air­ too would require universal agreement­ Let me 1llustrate. plane 1s a propeller-driven 20-year-old once again a laudable, if unrealistic, The State Department has proposed an transport that has no guns or bombs like goal. amendment to the international traffic a fighter or bomber aircraft. Barring universal agreement, perhaps in arms regulations-ITAR-that would If we are going to ban the sale of the United States could at least make a require, and I quote: C-130's, we might as well ban the sale of unilateral effort to control weapon sales. The prior approval of the Department of Mack trucks overseas, because the C-130 Now this is another worthy objective­ State for proposals to sell significant combat is no more than a flying truck. but one fraught with pitfalls. We have equipment, or to enter Into technical assist­ In fact, a 747 could easily be converted to realize at the outset that other coun­ ance or manufacturing license agreements into a military transport but no one tries, including our allies, will continue concerning such equipment. would think of preventing its sale because to buy and sell arms as they see fit. This proposed amendment was an­ of that potentiality. Thus, such a unilateral step by the nounced in Munitions Control Newsletter Instead, we prevent the sale of a com­ United States has little effect in insuring No. 26, dated December 1976. mon transport aircraft, jeopardize its world peace. The effect of this proposed amendment further production, and guarantee con­ On the other hand, it has major im­ is counterproductive to the interests of tinued erosion of our aviation industry. plications for the U.S. economy. both the U.S. Government and U.S. in­ And a further irony is that the U.S. Weapons of war are generally tech­ dustry. Under current rules, U.S. firms nology-intensive, requiring a solid base Government has been trying to keep are encouraged to consult with the State Lockheed afloat financially. It is difficult of research and development. Likewise, Department prior to military export sales modern American society is equally to keep someone afloat when you hand activities, but the Department does not him an anvil. technology-intensive, requiring that have to render a premature public de­ same strong base of research and It is even more difficult to understand cision. Under the proposed rules, the how Congress let this situation come to development. Department would be forced to make an It is not a coincidence, for example, pass. It does not appear that this was enormous number of foreign policy de­ the original intent of the Congress. that this R. & D. base nurtured both the cisions before they are actuallv required, world's best commercial aircraft and creating a quagmire of our international Let me just quote the remarks of a finest military fighter planes. relations. few of my colleagues during the consid­ Because they are the best, foreign The proposed amendment is eaually eration of the sale of six C-130's to countries have continuously sought to counterproductive in its effect on U.S. Egypt: purchase them. It is difficult now to dis­ industry. If all of the U.S. companies Chairman FASCEL stated: cern which product-the civilian or the involved in selling equipment to the ... I do want to indicate that in my judg­ military-paved the way for the other. scores of overseas customers are reauired ment there was not too much concern about We only know that most of our allies now to get State Department approval before these six C-130 transport aircraft having any depend on U.S. companies for most of making sales conta.ct. they simply are substantial military applicability ... their aviation needs-ranging from air being denied the rieht to run their busi­ Congressman HAMILTON was of the traffic control systems to sophisticated ness. If the State Department oresumes opinion that the sale would not offset jet fighters. to control the sales activities of U.S. com­ "one iota" the military balance in the Such a development has resulted in a panies. the Department must accept the Middle East; he preferred to refer to very favorable balance of trade for the concomitant responsibility of plan­ the plane as "paramilitary support." United States, and the attendant bene­ ning and maintaining the production Congressman RosENTHAL also voiced fits of increa~Pd employment and high lines-scheduling the flow of material. the opinion that the sale would not af­ standard of living. hiring and firing the skilled workers, and fect the balance of power in the area. May 19, 1977 EXTENSIONS OF REMARKS 15653 Congressman CoTTER endorsed the view mmrmum wage should be observed Naturally Young's behavior has delighted that the sale would not offset the balance throughout the bill, I would vote for it the Communist and Third World powers that of power between Israel and Egypt, and in keeping with my March 29 support for dominate the UN, as well as those domestic forces that share their outlook. Young's col­ added that C-130's were mainly "sym­ Community Employment and Training leagues in the Carter administration were at bolic items." Act extension for the next fiscal year and first taken aback, but they have now recov­ Congressman SoLARZ, who expressed previous votes on the CETA program. ered their voices and, under Vice President great concern during the hearings over Absent this recognized means to provide Mondale's leadership, have adopted a com­ the military balance in the area, de­ jobs for the largest amount of unem­ mon refrain. Young, we are told, is not to be scribed in C-130 as "nonoffensive or de­ ployed youth, the bill should be rejected. understood as expressing American policy in fense equipment." This problem should be resolved on the these off-the-cuff remarks, but his "candor" is nonetheless considered "refreshing." In addition, President Carter has in­ floor by the amendment process, but the "Refreshing," for your information, is the dicated similar positions on the C-130, limited debate, and suspension prohibi­ code word politicians use to describe state­ both before and after he took office. tion of amendments deprives us of that ments they don't care to endorse but would On March 31, 1976, when asked for his opportunity. prefer not to repudiate. We New Yorkers have position on the sale of six C-130's and become tediously familiar with it in recent other weaponry to Egypt, Mr. Carter re­ years, since Bella Abzug got to Congress from plied: a freaked-out West Side district by making an ass out o! herself on every possible public ... As far as the C-130's are concerned, NO WAY AMBASSADOR YOUNG CAN HURT THE U.N.-IT IS BEYOND occasion. She has tried to reform of late, but they don't cause me any concern, and I the malady lingers on. don't think they cause Israeli leaders any REDEMPTION Every Democratic politician in the Empire concern ... State, when cornered on the subject of Bella, On April 13, 1976, in announcing that HON. JOHN .M. ASHBROOK takes refuge in "Ha, ha, ha, isn't she the United States was sending "non­ refreshing?" OF OHIO Okay, so Andy Young is "refreshing." But to lethal" military equipment Zaire, the IN THE HOUSE OF REPRESENTATIVES that still leaves quite a few Americans-e.g., State Department revealed that a C-130 the State Department officials who have to transport plane was included in that Wednesday, May 18, 1977 clean up after him, and ordinary citizens who "nonlethal" aid. Mr. ASHBROOK. Mr. Speaker, my care about their country's reputation among But, now, the sale of C-130's is being good friend Bill Rusher puts the Andy thoughtful people everywhere-concerned at barred on the grounds that it is signifi­ Young problem in proper perspective. the harm he may be doing to serious cant combat equipment. interests. With all of the recent U.N. antics and I suggest that they stop worrying. Andy As further proof of how convoluted U.N. actions which for the most part are Young is not hurting the United States, this whole area of foreign military sales antics, too, what better place to send whose reputation will easily survive his con­ has gotten-the State Department list of someone who clearly does not speak for duct; he is :t;urting only the UN and himself. "significant combat equipment," which a ma.iority of Americans. The U.N. does By careening around Turtle Bay like a noisy includes C-130's, does include napalm. not either. mechanical duck out of control, he is imitat­ Now, I think napalm would be signifi­ The Rusher column appeared in the ing-even parodying-with intuitive skill the cantly more harmful than a C-130, unless very behavior that has typified the UN since Cincinnati Inouirer and I urge the 1960 and brought it to its present pitifully it crashed right on top of you. Members to read it: I think that this illustrates the need low estate. As matters stand, the zanier he YOUNG Is HURTING ONLY THE U.N. WITH HIS and it look, the less damage they can do. for reevaluation of the direction of our UNDIPLOMATIC ANTICS foreign military sales policy. (By William A. Rusher) It is at best unrealistic, and, at worst, NEw YoRK.-On mature reflection I have extremely harmful to our economy and about concluded that President Carter did FIRST CONCURRENT RESOLUTION R.&D. base. exactly the right thing in making Andy ON THE BUDGET Young America's ambassador to the United Nations. After all, what better envoy to a circus than a clown? HON. G. WILLIAM WHITEHURST YOUTH UNEMPLOYMENT ACT I stop just short of suggestin~ that Mr. OF VIRGINIA Carter planned it that way. In Georgia pol­ IN THE HOUSE OF REPRESENTATIVES itics, where Messrs. Carter and Young came HON. W. HENSON MOORE to know and like each other, the young black Wednesday, May 18, 1977 OF LOUISIAN A preacher had risen to the dignity of con­ gressman at the relatively early age of 40, Mr. WHITEHURST. Mr. Speaker, yes­ IN THE HOUSE OF REPRESENTATIVES and when Mr. Carter was elected President terday the House passed the conference Wednesday, May 18, 1977 it was assumed that something really spe­ report on the first concurrent resolution cial would be reserved for Andy Young. So­ on the budget. Having voted against it Mr. MOORE. Mr. Speaker, the central phisticated observers were nonetheless a lit­ twice in the House when we considered it, issue regarding unemploved youth and tle surprised when Mr. Carter offered Young I had strong reservations about voting incentives to complete their high school the UN ambassadorship, for to be frank it is for it in its final form. education as well as undertake further regarded by most politicians as a gaudy but The incredible budget deficit reflected education9l and skills training is whether insubstantial sinecure-the political equiv­ in the resolution arouses my worst fears alent of cott on candy. money should be channeled to a few stu­ Still, the job has its consolations-most for our continued financial integrity. dents at higher prevailing wage rates or notably the posh "embassy" in Manhattan's Nevertheless, I am even more concerned whether more unemployed youth should Waldorf Towers, which (if you haven't seen about having sufficient funds to protect be aided under the minimum wage. The it personally) must, I assure you, be a re­ our national security. I was in strong dis­ severity of youth unemployment and the freshing change from the storefront black agreement with the initial position of the need for training incentives find the churches where Andy Young used to ply his House Budget Committee in cutting $! present case for hiring more unemployed trade. billion from President Carter's defense youth at minimum wage rates to be the In any case he plunged into his new as­ budget; I am not entirely satisfied wi ~ h best alternative available. Minimum wage signment with zest, and soon revealed a truly the $118.5 billion finally agreed to in formidable aptitude for shooting off his rates now prevail under college work mouth. As the Carter administration nears conference with the Senate. But as a study programs, the vocational educa­ the end of its first hundred days, Ambassador Member of the House Armed Services tion work experience program, the sum­ Young has already declared the government Committee which labored long and dili­ mer youth employment program, andre­ of South Africa "illegitimate," described gently on a defense authorization meas­ lated existing employment programs for Great Britain as "chicken" on racial matters, ure, I felt it necessary to accept the total our youth that have received my support defended Cuba's military presence in Angola budget in order to protect the agreement in the past. This marked departure from as producing "a certain stability and order" reached with the Senate on that portion these precedents causes me to vote there, and pooh-poohad American concern allotted for defense. about Communist designs in Africa as "para­ against the Youth Employment and Proj­ noid." Space considerations prevent me from Hopefully, Mr. Speaker, this Congress ects Act of 1977, H .R. 6138. extending the list, but those are a few of the will begin to exercise some fiscal restrain t Had H.R. 6138 recognized that the highlights. and review a host of programs which are 15654 EXTENSIONS OF REMARKS May 19, 1977 being funded and which need serious re­ en ts used blackened barrels moun ted on It is interesting to note that Dr. Abbott examination. Hopefully, too, the arms their roof-tops to provide enough hot water returned to Pohenix to participate in the budget will not always have to be so high. for an occasional shower bath. 1955 World Solar Ener gy Symposium and in That, of course, is dependent upon a di­ There is no record of the first user of the 1957 he set up and tested a solar boiler at "thermosyphon water heater", but this must the University of Arizona with the assistance minishing of the growing military threat have come shortly after the turn of the cen­ of Professor Ralph Yappel of the Department from abroad. Until that time, I will con­ tury. of Mechanical Engineering. tinue to meet my responsibility as a This simple and foolproof device consists The first residence in Arizona, and perhaps Member of the Armed Services Commit­ of a fiat-plate collector, usually made by in the entire world, to receive all of its heat­ tee in working to help keep this Nation soldering copper tubes to a fiat copper sheet, ing and cooling requirements from the sun strong in its defenses. and coating this combination with black and from night sky radiation was a small paint. house located on the Desert Grassland Ex­ A wooden box was built to contain the periment Station, near Amado, south of collector and to hold both the insulation Tucson. BACK TO THE SOLAR DRAWING which was located behind the plate and the This was occupied during the years be­ cover glass which was located between the tween 1954 and 1958 by Mr. and Mrs. ltay­ BOARDS plate and the sun. mond Bliss and their family, and their heat Glass serves as a heat-trap by admitting was provided by a simple solar collector using the sun's radiant energy but reducing the a number of black cloth screens which were HON. MORRIS K. UDALL loss of the collected hea.t to the wind and the exposed to the sun and covered by the tradi­ OF ARIZONA sky. A tank (located above the collector, was tional glass plates. IN THE HOUSE OF REPRESENTATIVES connected to a convenient supply of cold Air was drawn through the sun-heated water, with a hot water pipe coming out of Wednesday, May 18, 1977 screens, warmed, and then blown through the top of the tank. a rock pile wb ich served as the heat storage Mr. UDALL. Mr. Speaker, as oil and A downcomer pipe led. from the bottom of means. At night, dampers were shifted so gas become more expensive and more the tank to the bottom of the collector, that the fan circulated air from the house which faced the south, tilted at an angle of through the rock pile to pick up the heat scarce, Arizonans are turning-or rather 30 to 45 degrees. returning-to an old interest: solar which had been collected during the day. A riser pipe connected the outlet of the For summer cooling, the firm of Donavan power. collector to an inlet located near the top of and Bliss (Mr. and Mrs. Bliss!) used a very One of the country's foremost authori­ the tank. As soon as the sun began to shine simple cooling device which consisted again ties on the subject, Dr. John I. Yellott, through the collector cover glass, it warmed of porous black cloth, arranged over the rock has traced some of the State's past and the water in the tubing and the warmed bed so that the cloth was cooled by radiation current solar efforts in an article in the water began to circulate upward into the to the night sky and outdoor air was drawn tank. through the cooled cloth and into the rock May issue of Arizona Business/Industry The action continued all day, as long as magazine. I wanted to share this with my pile. The chilled rocks then were available to the sun was shining on the collector, and by act as very simple coolers for the house air colleagues: nightfall a tank-full of hot water was wait­ during summer days. SOLAR POWER IN ARIZONA ing to be used. Their plans were to add water sprays to (By John I. Yellott) No one now remembers when the first of provide additional cooling of the rocks, but these very useful devices was used in Ari­ Solar energy utilization has had a long their lease on the re!"idence expired before zona, but many of the older houses in Phoe­ this could be accomplished. This concept was history in Arizona, beginning with its use nix and Tucson still have traces of them on by the ancient Indians who built Monte­ later put to use in Australia with very good roof-tops or patios and hundreds of them results, and it is about to be reintroduced zuma's Castle in 700 A.D. were in use in the 1930's. The builders of this remarkable structure into Arizona by the A. S. U. College of Archi­ Shower baths in Phoenix' first municipal tecture. chose an ideal location, since it receives swimming pool were heated by a very large full sunshine in winter and is completely Mr. and Mrs. Bliss subsequently moved to collector of this type, and Peoria's first high Tucson, where they were instrumental in shaded from the intense summer solar radia­ school used one to provide hot water for its tion by an overhanging cliff. designing and constructing the University of dusty athletes. Arizona's first solar laboratory, located where Today we would call this a "passive" sys­ When natural gas and low-cost electricity tem, since it operates simply by allowing the the University's Medical School now stands. made their appearance in Arizona, solar The U. of A. laboratory used a unique solar­ sun to heat the exterior surface of the multi­ water heaters were soon discarded, because story apartment house. The adobe bricks and assisted heat pump system with heat collec­ gas, kerosene, and electric heaters were both tion in winter and heat rejection in summer stone serve to store the sun's heat and then convenient and inexpensive, and they gave to transmit it indoors at night when it is accomplished by a "Tube-in-Strip" copper plenty of hot water even on cold and cloudy roof,. manufactured at that time by Revere needed. days. Located only a few miles from Camp Verde, Copper and Brass Corp. Now history is reversing itself, as natural The ceiling of the laboratory was also made just off the highway to Flagstaff, it was in­ gas is no longer available for new housing, habited until after 1300 A.D. and then its of the same material to provide radiant heat­ kerosene has virtually disappeared from the ing and cooling by means of warm water in occupants departed, for reasons known only m arkat because. gasoline commands a much to them. winter and cool water in summer. h igher price, and electricity is rapidly in­ One of the most important results of this They must have left in haste, because they cr easing in cost. abandoned food which had been laboriously work was the publication by Mr. Blis.s of the The factors which eliminated the solar definitive paper on the subject of cooling by gathered and tools which must have required water heater a gener ation ago are in turn many hours of patient labor. They left no means of radiation to the night sky. bringing it back again, because, for new Unfortunately, the need of the University forwarding address! dwellings, solar water heat ers of modern The most widespread use of solar energy· for space on which to build its Medical School design can produce most of our needs for resulted in the demolition of the Laboratory in Arizona is one in which, unt il verv re­ this essential amenity at lower life-cycle cently, man let nature carry on agriculture before it had completed all of the work which cost than electric heaters. could have been accomplish ed there on the in her own way. For more than 2,000 years, Au xiliary heat will still be needed to take the diligent and industrious Hohokam made solar-assisted heat pump and cooling by the care of the infrequent 't)eriods when we have use of night sky radiation. wide use of gravity irrigation in the valleys several cloudy da.ys in succession and this of the rivers which we call the Gila, the Phoenix ha~ been the site of at least three will probably cause some problems for the unique solar buildings, of which the first Salt, and the Verde. electrical utiltiies when thousands of solar Then, as now, rainfall in these fertile was an "active" syst em which wac; designed water heat ers are in use. However, this may to use solar radiation for its winter heating valleys was inadequate to sunport the rela­ prove to be a useful load because it will come tively large populations which migrated to and a heat pump, powered by an electric in the winter, rather than in the summer, motor, to provide both summer cooling and these sun-rich lands, and hand-dug irriga­ when Arizona utilities now experience their auxiliary heating in winter. tion channels were employed which were peak loads. nearly as extensive as those in u se today. The house was a joint effort of the Phoenix One of the first publicized uses of solar Association of Home Builders and the Associ­ Our hardy predecessors in the Valley of en ergy in Arizona came in the early 1920's ation for Applied Solar Energy (now the In­ the Sun had neither pumps nor oermanent when the lat e Dr. Charles Greeley Abbott, ternational Solar Energy Societv) and the dams, yet they managed to maintain a popu­ for manv vears Director of Washine-ton's design of the residence resulted from a world­ lation here which was not exceeded until famed Smithsonian Institution, established wide architectural competition which was long after World War I. a solar observatory in the Harqua-Hala won bv a student in the School of Architec­ Intentional and planned use of solar en­ Mountains, west of· Phoenix. ture at the University of Minnesota. ergy waited for the arrival of the Anglos who He erected a small building to house his The house was erect~d in the soring of began to migrate into the Sg,Jt River Valley solar aooaratus and he did his cooking and 1958 with land and funds orovided by a early in the 1870's anrt there are reports by his hot water heattng with simple solar de­ Scottsdale philanthropi~' the state's electric utilities, and it is fortu­ ordinary air-to-air heat pumps. summer, the thermostat is switched over to nate that a substantial part of the load now Two other solar structures have been built the cooling mode and water is allowed to fiow being carried by gas in space heating and and tested in Phoenix with far more satis­ over the roof at night, loosing heat by contact provision of domestic hot water can be done factory and significant results. The first was with the cool night air and by radiation t:> by solar energy. the prototype of the "Skytherm" system, in­ the sky. The federal government has rejected Ari­ vented by Harold Hay of Los Angeles. When additional cooling is needed, water zona's offers to provide ideal locations for This building, erected at minimal cost and sprays are used to wet down the roof, thus both the Solar Energy Research Institute, very carefully instrumented by the Yellott enabling evaporation to add its very potent which has been awarded to Golden, Colorado, Solar Energy Laboratory, proved conclusively cooling action. and the 10,000 kilowatt solar-electric gen­ during eighteen months of operation in 1967 It was shown a dozen years ago at the Yel­ erating station, which will be built at Bar­ and 1968 that it could be kept warm in winter lott Solar Energy Laboratory, then operating stow, California. by the sun's radiation and cooled in summer 1n Sunnyslope, that roofs kept damp by m­ It is high time that Arizona realizes that by radiation and evaporation to the night termittent water spraying could be kept cool it must rely upon its own resources in its sky. on the hottest summer day, and now tests search for economical ways to use our only The unique feature of "Skytherm" is its being conducted at night on the A.S.U. "En­ endless energy resource, the sun's radiation. metal roof deck which serves as the celllng ergy Roof" building are showing that evap­ After all, it shines here just about 90 per of the room below and as the means of sup­ oration of water from the upper surface of cent of its possible sunny hours! port for plastic-enclosed "Thermoponds." the roof can cool the water which is pumped These are simply water-filled bags, with up from the storage pond and allowed to black surfaces in contact with the roof deck fiow back by gravity. and clear sun-resistant transparent plastic The total amount of power required by films on the upper surface of the water. the two small pumps is only 2/10 hp when CARTER'S SALT PACKAGE STILL Above the "Thermoponds" are panels of they are both running, and this rarely oc­ LEAVES UNITED STATES VULNER­ water-proof aluminium-clad urethane in­ curs. Complete details on the first year's op­ ABLE sulation, so arranged that they can be moved erating experience wm be published widely horizontally to expose the water to the sun's as soon as the "Energy Roof" celebrates its rays during the winter days and to cover the first birthday late this summer. HON. JACK F. KEMP The energy crisis of 1973 and the subse­ ponds at night and thus retain the solar heat OF NEW YORK quent rise of fuel and electricity costs have collected during the day. IN THE HOUSE OF REPRESENTATIVES In the summer the operation is reversed provided a renewed incentive to Arizona with the panels remaining closed during the builders to investigate the possibilities of Wednesday, May 18. 1977 solar heating and cooling. day to refiect the unwanted solar radiation Some of these attempts will be success­ Mr. KE:MP. Mr. Speaker, although back to the sky. The panels are opened at night, to allow ful and some will not, but, by 1980. when some time has elapsed since Secretary · natural gas use will be severely curtailed for Vance has returned from his mission to the "Thermoponds" to dissipate to the sky even those homes which are presently sup­ the heat which the house accumulates during Moscow after the rejection of President plied with this precious fuel, solar heated Carter's SALT proposals by the Soviet the day. and cooled structures of all kinds wlll be When additional cooling is needed, the commonplace in all parts of Arizona. Union, there seems to be little evidence ponds are fiooded with an inch of uncovered A high school in Tempe, a car-wash in that there has been any progress toward water to provide a surface from which evap­ Mesa, a Forest Service building in Williams, reaching a strategic arm-; limitation oration can take place. residences 1n Sedona and Flagstaff, and a very agreement which will provide for equal The Phoenix prototype was monitored care­ large demonstration home in Tucson will be security for both the United States and fully throughout a year and a half of opera­ only a few of the many solar bea ted and the Soviet Union. Both the recent Soviet tion and it demonstrated that it could re­ cooled structures in Arizona. main cool in summer and warm in winter proposals to reduce the maximum num­ All three of the State Universities are ac­ ber of strategic delivery vehicles from despite the tempenture extremes ( 115 F in tively engaged in research and development, summer and 25 F in winter) which charac­ with Schools of Architecture and Engineer­ 2,400 to 2,100 or 2,200 and President terize the central Arizona climate. ing working in close cooperation to test both Carter's comprehensive proposal will The first full-scale "Skytberm" residence active and passive systems. provide the Soviet Union with long was built at Atascadero, California, and it Active systems are those which use air or term-perhaps permanent--nuclear su­ also bas opented successfully as a completely water to carry away the collected solar radi­ "passive" system, which required no electri­ periority over the United States. ation, rock beds or tanks o! water to store A recent essay published in the Wash­ cal energy aside from that used by lights and the heat or coolness, and pumps or fans to kitchen appliances. distribute the air or water to the points ington weekly, Human Events, took the The climate of Phoenix has also inspired where it is needed. trouble to interview a number of the the invention of another system which uses The University of Arizona, in addition to leading participants in the first round the roof as both the source o! beat in winter the world-renowned work on controlled en­ SALT agreements including Mr. Paul anc:l. the me>ns of dissipating heat in summer. vironment agriculture which has evolved Nitze, a former Deputy Secretary of De­ This system, called "Energy Roof" by its from Carl Hodges' solar distillation work at inventor, A. Lincoln Pittinger of Scottsdale, fense under Robert McNamara in the Rocky Point, is developing a very simple pas­ Kennedy-Johnson administrations, and moves the water instead of the insulation sive system, in which a black-and-white Ve­ and, during its first year of testing by the netian blind is used to admit solar heat to Elmo R. Zumwalt, a former Democratic College of Architecture of Arizona State Uni­ an experimental residence in winter by turn­ candidate for the U.S. Senate in Virginia versity, it has demonstrated its ability to heat ing the black sides of the slats towards the and a retired Chief of Naval Operations. in winter and to coolin summer without the sun. The summer sun is reflected back to the The conclusion of the Human Events uses of furnace or compressor. sky by rotating the horizontal slats so that essay is simple: President Carter's SALT The "Energy Roof" is m 3de of corrugated their reflective sides face outward. proposal would leave the Soviet Union steel, with water fiowing through the troughs At Arizona State University, vertical Vene­ with a dangerous margin of nuclear su­ whenever the thermostat within the building tian blinds with thick, insulating louvers are if calls tor heating or cooling. periority the proposal were agreed to being tested to determine their abUlty to by both the United States and the Soviet The main storage of energy is a six-inch serve three functions: (a) heat absorption deep pond of water on which fioats an in­ on winter days, (b) insulation on winter Union. I insert the text of the article to sulating panel of foil-clad urethane foam. A nights and (c) heat rejection on summer be published at the conclusion of my re­ water distribution ptpe runs across the upper days. marks in the RECORD: 15656 EXTENSIONS OF REMARKS May 19, 1977

CARTER'S SALT PACKAGE STILL LEAVES Despite this assessment from sober mili­ DID GOVERNMENT FIGURE COSTS UNITED STATES VULNERABLE tary and disarmament specialists, what has VERSUS BENEFITS Hard-headed arms control experts met last been astonishing has been some of the dov­ week in Los Alamos, N.M.-home of Amer­ ish reaction-sometimes bordering on the ica's underground nuclear testing program­ h ysterical-to the Carter proposal. "Colum­ HON. J. KENNETH ROBINSON t o formally discuss the current art of tac­ nist Joseph Kraft almost had kittens in the OF VmGINIA tical nuclear weaponry. But in private con­ pages of the [Washington) Post," snapped versations, many of these experts also dis­ one caustic observer (though the Post edi­ IN THE HOUSE OF REPRESENTATIVES cussed the details of the controversial Carter torially, if not t h rough its news columns, Wednesday, May 18, 1977 SALT package turned down coldly by Soviet backed up the President). leaders. Their conclusion: though improved The doves, in effect, were virtually siding Mr. ROBINSON. Mr. Speaker, the May over anything President Ford and Henry with Soviet Foreign Minister Andrei 16 issue of the Washington Post contains Kissinger ever concocted, the Carter offering Gromyko, who managed to portray a. pro­ an article about the closure of a small will stlll leave the U.S. vulnerable to a Soviet posal handing him a. 4-to-1 advantage in nu­ hog slaughtering firm near my congres­ first strike by the early 1980s. clear throw weight as a. U.S. demand for un-. sional district, the J. Lynn Corn well Co. In two distinct areas, the Carter proposal conditional surrender. of Purcellville, Va., which employed some is considered a major advance over that o! More disturbing than the normal claque of of my constituents. The owners attribute the previous Administration: in requiring hand-wringers, however, was the reaction of the Soviets to halve their monster S8-9 and the closure of their company to vertical some top Republican leaders, including for­ to SS-18 missiles-each capable of carrying mer President Ford and Senate Minority integration in the food industry and eight to 10 warheads-and in restricting Leader Howard Baker. Clearly influenced by costly Government regulations, which their land-based MIRVed (multiple war­ former Secretary of State Henry Kissinger, required them to expend in the neigh­ head) missiles to 550. who opened up a major line of attack against borhood of half a million dollars for Fed­ Yet even if the Soviets finally accept the Carter last week in his Georgetown University eral compliance over the last 4 years. terms of the radical Carter package, they address, both men were actually pressuring AJ; the quoted comments of the owners point out, the Russians will still have a stra­ Carter to make dovish concessions to the make plain, at least some of the require­ tegic land-based missile force with three and Soviets. ments imposed by the Government were one-half to four times the throw weight­ Kissinger, in effect, denounced Carter for of questionable value, despite the fact i.e., the destructive payload-of the U.S. fa111ng to cozy up to the Soviets with "non­ that these requirements have now helped land-based missile force. confrontational' rhetoric and for trying to Because of their size, moreover, the Soviet "set aside" his own "negotiations conducted to put 100 people out of work. MIRVed missiles will be capable of hurling over a period of years. . .." Speaking in Ann This sad story again emphasizes the four times as many warheads at the U.S. as Arbor, Mich., Ford echoed the same line, tut­ need for a more careful, realistic deter­ our M!RVed missiles wm be able to toss tutting the Administration for its "possible mination of what standgrds are really back at the Russians. Put still another way, miscalculation." necessary to assure conditions of health the Soviet land-based missiles could over­ In tones worthy of Sen. George McGovern, and safety for workers and consumers whelm our undersized Minuteman force­ Ford opined: "I hope the Administration has before imposing upon conscientious small a major key to America's deterrent-with not put themselves in a position where they businessmen punitive conditions that can 10-million-plus pounds of destructive power, cannot reach agreement. I hope they aren't only result in their eventual bankruptcy, whereas our strategic land-based missiles frozen into a position. Their over-optimism, will be equipped with just a fourth of the their rhetoric and possible miscalculation along with concomitant reduced competi­ Soviet payload. might have serious repercussions in relations tion in the marketplace and higher un­ While the Carter package reduces the between the Soviet Union and the United employment. throw weight disparity by a million or so States. I hope this isn't true." I request that the full text of the Post pounds in our favor, it is not enough, in the On the "Face the Nation" CBS-TV inter­ article by Wilson Morris be inserted in view of these experts, to ensure the surviv­ view program, Sen. Baker also fioa ted out an the CONGRESSIONAL RECORD at this point, ability of our Minuteman force. appeasement line, stressing: "My guess is for the particular benefit of Federal Defense expert William Van Cleave, who that had President Ford been re-elected, and regula tors : worked on the SALT I accords of 1972 and Secretary Kissinger had been doing the ne­ SMALL SLAUGHTERING FIRM FORCED To CLOSE was extremely unhappy with the outcome, gotiating, we would have had an agreement." . ITS DOORS says that the Carter package was correct What this trio seemed to be saying was (By Wilson Morris) in placing its emphasis on reducing the that Carter should be sharply criticized for enormous throw weight differences that now trying to obtain an agreement with the So­ PuRcELLVn.LE, VA.-After 50 years o! exist between the United States and the So­ viets that would actually be somewhat less slaughtering, the scalding pit at the J. Lynn viet Union. "Bringing down the throw weight dangerous to U.S. security than one that Ford Cornwell Company is cold and the refrigera­ disparity," he says, "is of the highest and Kissinger would gladly have negotiated. tion rooms are warm. The Cornwell family priority." Thus two top-rankin~ party leaders plus a business, Purcellvllle's largest employer, has But he believes that under the Carter former secretary of state for the Republicans butchered its last hog. package we are still "denying ourselves the were undermining Carter last week from a The business was big enough to have em­ survivability options" that are necessary. leftish perspective. ployed 100 people, but too small to compete Banning mobile ICBMs and the U.S. cruise What is tremendously disconcerting about with corporat e giants as the food industry missiles beyond a certain range but still per­ becomes more concentrated and government all this is that the Carter packag-e desper­ regulations more costly. mitting Soviet development of the Backfire ately needs to be criticized, but from a sound, bomber, he says, amounts to "giving much defense-oriented position. Indeed, the Presi­ Cornwell, this town's largest employer un­ til last March, is a family corporation started too much in the way of concessions." dent would be far less likely to cave in to Paul Nitze, one of our chief SALT nego­ in 1927 by J. Lynn Cornwell and run since the Soviets-in fact, he might move more his death in 1959 by his sons J. Lynn Jr., 52, tiators during the Nixon years, is gravely decisively to the right-if the Republicans and Brewster, 51. concerned that the proposal would st111 allow demanried an even tougher posture than the Slaughtering is, Lynn Cornwell said, "a the Soviets such a gross advantage in throw one Carter has been advocating. weight. In Nitze's opinion, the success of cut-throat busineEs" for both pigs and peo­ Whereas top Republican leaders could be ple. "Ten or 15 companies have gone bank­ the Carter package really hinges on the vir­ expected in past years to point out solid tual abandonment by the So.,iets of tech­ rupt in the past few years. We chose to close flaws in Democratic defense and foreign before we went bankrupt," he said. nological improvements and testing, a goal policy positions, and thus inhibit the Demos he feels has no chance of being achieved. It is also a complex business. A commodity from making even more concessions to the news ticker gives minute-by-minute changes Adm. Elmo Zumwalt. former chief of naval Communists, this no longer seems to be the in meat prices in Brewster's office and the operations, told· us: "The proposal is some­ case so long as the Democratic posture is end products range from carcasses and chit­ what of an improvement over previous SALT a. touch tougher than that of Henry terlings to insulin and heoarin. an antico­ proposals. but it still leaves the U.S. vulner­ Kissinger. agulant. The Cornwell company has its own able to a first strike." Zumwalt adds that water sup!)ly, it.c; own sewage treatment plant, this may have been the best plan the Presi­ What Ford, Baker and manv other Repub­ licans are saying, then, does not seem de­ its own fieet o! refrigerated trailers and ~~ dent could come up with "in view of the annual pavroll over $1 million. bad hand he inherited," and warned that signed to strengthen America's defense pos­ Yet it was "a mom and pop store in the we should not accent anything softer. If ture, but to improve the ima2e of thPir one­ meat business," according to Lynn, a tall, this agreement is ratified. he said, we should time secretary of state. Some folks might call elegant graduate of the Virginia Military start to reduce the Soviet throw weight ad­ this playing politics with defense. Whatever Institute. vantag~ even further-"begin to prog-ress to­ it's called, it is severely detrimental to the Lynn and Brewster, a William and Mary ward parlty"-in any follow-on negotiations. security interests of the United States. graduate who is also well over six feet, spent May 19, 1977 EXTENSIONS OF REMARKS 15657 their mornings studying orders and prices product and market the final product to the Before the tidal wave of "no-fault" divorce, and buying llve hogs over the telephone consumer," Lynn said. "We considered that, the main characteristic of traditional Amer­ mostly from the Midwest. but it takes massive capital and expertise we ican divorce law was that 1f both parties The hogs, as many as 2,200 of them a day, don't have." desired divorce and the case was uncontested, generally started arriving by truck after Summer is a dead season for pork sales and as was true over 90% of the time, the marital midnight and into the dawn. By the next Cornwell shut down for !our months a year bond could be legally severed. However, 1! dawn their carcasses were on the way to ago, then reopened last August. one party opposed divorce, he or she had Boston, New York or other destinations. "We had more than we could do last fall- bargaining leverage to exact more favorable In between, the hogs were first lowered 2,000 to 2,200 head a day, but we were still terms !rom the other party. No-fault divorce into a carbon dioxide pit where they lost in the red," Lynn said. eliminates that leverage, and unlike the sit­ consciousness, then hoisted by their hind So, after 30 years in the hog business, the uation in Canada and England, hardship, legs and stuck in the throat. After bleeding, brothers decided to shut down. economic or otherwise, is not a basis !or post­ they were scalded and scorched to remove "I think we'd like to sell or lease the build­ poning or denying a divorce. hair, and their heads were cut off, and split ing to someone who could bring in employ­ Elsewhere we have written an article en­ open as they move along a conveyor where ment. Or start an unrelated business," Lynn titled "Divorce Reform: Brakes on Break­ three federal government inspectors stood said. down?" [13 J. Fam. Law 443 (1973-74) ]. Our checking the carcass, viscera, and glands of 'The trend seems to be toward vertical inte­ conclusion was that although breakdown of the animal. gration," he said. The big get bigger and the the marriage is a sound and reasonable The hog's pancreas was saved for the small get out." ground for dissolution, it required special manufacturer of insulin, the lining of the safeguards and protections including: (1) small intestine for heparin, blood and edible some check on impetuous divorce and some grease for cattle feed, inedible greases for specification of how breakdown is deter­ soap, and other parts for soul food and PENSION SPLIT FOR FEDERAL mined; (2) provisions for alimony and dis­ sausage. EMPLOYEES tribution of property which are !air and The carcasses were chllled in lockers and equitable; and (3) recognition that welfare loaded into Cornwell's 14 refrigerator trail­ of children, 1t any, must be furthered and ers !or shipment. HON. PATRICIA SCHROEDER protected. It is the second safeguard stated That was until last March 21. Then Corn­ above that we are here concerned with and well's biggest customer called and gave three OF COLORADO which I will discuss. days' notice that it would take no more car­ IN THE HOUSE OF REPRESENTATIVES The reform of divorce law and the dra­ casses. On the 25th, with 60 per cent of the Wednesday, May 18, 1977 matic increase in the incidence of divorce business gone, the plant shut down. Seventy­ have brought about a serious quantitative five workers were laid off, and the Cornwell Mrs. SCHRqEDER. Mr. Speaker, the if not qualitative ditl'erence in the divorce brothers began an unsuccessful search for Subcommittee on Compensation and :i:m­ process and the problems it engenders. It is new customers. Two weeks ago they decided ployee Benefits, chaired by Representa­ imperative that the economic incidents of to shut down permanently. tive GLADYS SPELLMAN, has held 3 days divorce be resolved in a fair and equitable fashion. This means that modern marriage Cornwell had had its best year in 1970, of hearings on H.R. 3951, my bill to pro­ but profits had declined steadily since. The should be viewed as a partnership of co­ brothers refused to reveal their business's vide a pro-rata share of benefits to for­ equals and that upon distribution of the finances but said that three years ago the mer spouses of Federal employees. marriage there shoulcJrbe an equitable dis­ company went into the red and never came The witness before the subcommittee solution of "family assets" produced by out. today was Prof. Henry H. Foster, Jr., either partner during the marriage and that "The small family-owned business just chairman of the Family Law Section of alimony or maintenance should be ordered can't compete," said Lynn. "We're seeing the the American Bar Association and pro­ where there is economic need and abllity to centralization of the food chain into larger, fessor at the New York University pay. more capitalized hands with bigger clout." School of Law. It follows from the partnership concept of "Small companies with limited resources marriage that upon dissolution the economic just can't meet the high cost of strict fed­ I request that his testimony be printed emphasis will be upon an equitable distribu­ eral standards, given the very small margin 1n the RECORD for the interest of my col­ tion of marital property, and that alimony the food industry works on," Lynn said. leagues. or maintenance, based upon actual need and Brewster cited a huge Midwest slaughter­ The testimony follows: ablllty to pay. will play a. subordinate role. In many instances no alimony whatsoever house that had $285 million in annual sales NEW YoRK UNIVERSITY, and a profit under $500,000. "If General New York, N.Y., May 12, 1977. will be awarded, in other cases it wm be Motors had done that they would have fired To: Subcommittee on Compensation and granted !or an interim period, and in the every executive they had," Brewster said. Employee Beneft ts case of senior citizens it wm be for an in­ "Over the last four years we spent $400,000 From: Pro!. Henry H. Foster, Jr., New York determinant period. The economic plight of or $500,000 on federal compliance. That's a University the wife who is divorced after thirty or more lot of money for a little company," Lynn said. years of marriage should deserve special con­ ''When we absorb those sorts of costs our For nearly thirty years I have been re­ sideration. unit costs rise out of proportion." searching, lecturing, and writing in the area of Family Law and have published numerous First of all, although the divorce rate for We have a $25,000 ceUlng on our main persons married thirty years or more is not floor, a porcelain coated asbestos sheet. We articles and books, and have been the official reporter or consultant for divorce law re­ as high as that for shorter marriages, none­ had to shut down twice and take all the theless it has at least doubled in the past moving ralls down. There were solid wood form in several states. Currently, I am Chair­ man of the Family Law Section of the Ameri­ ten years. If the parties have accumulated beams, but the government is afraid of over­ little property, or 1f divorce occurs in a state head contamination. The sheet is better, but can Bar Association. I might add that I have had almost 43 years of practical experience which does not provide for equitable distri­ the danger of contamination was negligible," bution (viz., Florida, Georgia, Mississippi, Lynn said. with marriage and have been spared the splitting headache of divorce. The following New York, Pennsylvania, Rhode Tsland, South The brothers don't deny that the steps re­ Carolina, Virginia, and West Virginia.) , the quired by the government have beneficial ef­ remarks are made in my individual capacity and do not represent the official views of divorced wife may be entirely dependent up­ fects. They do question the cost of the bene­ on alimony for survival. If the former hus­ fits. my employer, the American Bar Association, or my wife. band dies the week following the divorce de­ Twenty-five to 40 percent of the companies cree, the wife of many years standing ordi­ in this industry have gone out of business 1n From the standpoint of a theorist who narily loses her sole or main means of recent years," Lynn said, and at least three occasionally ls exposed to the practical prob­ support. lems of matrimonial litigation lt is evident were customers of Cornwell who went bank­ It seems obvious, at least to me, that in rupt, leaving behind unpaid bills of several that there is much wrong with our statu­ tory and decisional law pertaining to mar­ order to accomplish economic justice, there hundred thousand. must be an expanded definition of "marital Product liability insurance jumped from riage and divorce. We have reached the point where all but three states (Illinois. Penn­ property" or the "kitty" which is subject to several hundred dollars a year to $9,000; labor distribution by the divorce court. Alimony costs have risen steadily; and property taxes sylvania, and South D~kota) have some form or maintenance is too uncertain; often ls have gone up more than 50 percent in two of so-called "no-fault" divorce. The new law difficult 1! not impossible to collect; and in years; energy costs have risen dramatically for the District of Columbla which nermits since the 1973 oil embargo; gasoline prices d·ivorce upon mutual consent after six any event the partnershiP of marriage calls have increased transport costs; the sale of months Fepa.ration and after a year's sep­ for a fair division of the economic assets wheat to the Russians raised feed and live­ aration UTlon unnQ.tP.ra.l demand. is fafrlv produced by the marital partnership. Un1- stock ,prices and eventually led last year to typical of recent legislation in the United lateral divorce uoon demand is acceptable the lowest pork production in the United States. The important thing to note about only 1f such fairness is achieved. States in 40 years, they said. "no-!ault" divorce is that there are no In the nine states listed above "marital "It seems like the ones surviving are in meaningful defenses and divorce may be property" consists only of those family assets all phases o! the business-they take the raw obtained upon unilateral demand. which are held jointly. Separate property of 15658 EXTENSIONS OF REMARKS May 19, 1977

each partner remains such upon divorce. In which we have discussed fn these- remarks. ceedlng. The public"& reaction to the admtn­ the nine community property jurisdictionS', Thirdly, r;here may have been no awareness istra tion of justice and general respect !or however, the community 1s subject to dls­ that the distinction between property set­ law and the legal process depends1D no small tributron upon divorce. In the remaining tlements and alimony is most tenuous and measu.re upon how the divorce process func­ thirty-seven common raw property states inexa.ct, and ihat It may be more approp:rfate tions and whether or not it 1s fail!' a.nd equi­ which by statute or dec1.s!on permit equita­ to lump them both into the larger category table. ble distribution, separate as wen as Jointly of the economic incidents of divorce. Increasingly, it has been the judgment of owned property is subject to dfstrlbntlon Whether a particular financial clalm comes state legislatures and state courts th t fair­ upon divorce, although there is disagree­ to be described as "'property'' or •aumon}""" ness and equity require that family assets ment over whether separate property ac­ may depend upon such matters as conven­ be divided upon divorce and that the "kitty'' quired before marriage, or by gl!t or bequest, Ience, liqufdity of assets, current cash flow. to be divided should encompass all assets. is subject to distribution. Moreover, the etc. What is called ...lump sum .. alimony fs The community property states, especially community property states differ as to especially di1!icur.t to distinguish !rom a prop­ California, Te?Cas and Washington, were the whether there may be an equitable distribu­ erty settlement. first to classify pension and retiremen ben­ tion of the community, or as In California Professor Max Rheinstefn, a world-re­ efits as part of the community, but recently and Washington an approximately equal nowned scholar in the field. has pointed out such common law property states as Colo­ division. that "The distinction between aUmony as a rado, Missouri, New Jersey, and Wisconsin. The practical prob!em for equitable c:ffs­ means of support, and the unscrambling of ·have regarded such benefits as ma.rttal prop­ tributlon Is to make sure tha.t all spousal the parties' property, can easily be rost In erty subject to equitable distribution upon assets are In the "kitty" and that neither such a process." [ Rheinstein. "Marital Prop­ dfTorce. CaJUomla has even rejected there­ prurtner 1s aiiowed to Insulate assets ot value erty Division," 12 W1llamette L.J. 413, 424 quirement that the pension or retirement beoause of legal definitions or fictions which ( 1976) }. Professor Rheinstetn also conimen ts rights be "vested... [See Bl'OWQ v. BT01Dn, were devised for other situations and pur­ favorably on the trend to emphasize the 126 Cal. Rptr. 633, 54.C P.2d 561 (1976); In. re. poses. In determining what constitutes equitable distributl()n of marital property Ma1riage of Freiberf, 127 Cal. Rptr. 792 (Ct "property" or a family asset, the partnership and to limit alimony to instances of a.ctual App. 4th Dist. 1976); and In re orriage of concept o! marriage and a fair division of need and. ability to pay, and notes tbat such Ames, 5o7 car. App. 3d 912, 129 Cal. Rptr. 334 the product of the marriage should be kept emphasis would ease the burden of post­ (Ct. App. 2d Dist. 1976)] Although a.n argu­ in mind. Thus, the "good will" o! a. profession divorce litigation 0'\ler the enforcement or ment may be made that a d.i:Yarc:e eourt's or business should be included in the modification o! alimony- elalms. lump sum division of fe.cleral or mm tary re­ "kitty," and pension or retirement benefits. It is !air to assume that the formulation tirement pa.y conftlets with federal statutes. whether "vested" or a.ccrued, or not, should of Congressional policy should have regard so far that possibility has at prevented be regarded as subject tc a spousal interest. for the practical consequences of parUcular treatment of such benefits a.s family asseUi. Otherwise, the benefi~y will be petmltted legislation and that bad situations should [See Ramsey v. Ramsey. 96 Idaho 672, 535 p to insulate what may be the largest thing of not be worsened. Although traditionally all­ .2d 53 ( 1975), and Bowman, "Lump-Sum valu& produced by the marital partnership. many law has been discriminatory against Division of Military Retired Pay: A DisSent­ ing View," 3 Community Property Journal I a.m aware of past court decJ.slons whicb men in that It might be awarded only to have susta.lned under the Supremacy Clausa wives or ex-wives, that supposed adyantage !35 ( 1976) ] . It &Iso is arguable that the Employee Retirement Income Security A.ct the doctrine o! federal pre-emption by stat­ was more than offset by breakdo· tlS in col­ utes which were held to supersede incon­ lection and enforcement. The sorry record of 1974 (ERISA) (Public Law 93-40.6) has sistent state law regarding mBlrital or family in this country is that support and alimony pre-empted the field so as to preclude com­ munity or marital property claims to any property. Decisions such as \Vis.sner v. Wiss­ orders more often than not are disobeyed. pPnsion plan coming within the ambit of ner [338 U.S. 6~5 (1949) }. Free v. HaTLd. [369 that is, payment Is not made at all or ~ not made on time. I know of no comparable ERISA. [See Johnson and Jones, "How C()m­ U.S. 863 (1962) }, and Yiatch03 v. Yia.tcho.t munlty PToperty L ws Affect Employee Ben­ [376 U.S. 306 (1964)), however, involved such area where defiance of eourt orders ts so prevalent and so successful. MoreoveT, resolu­ efit Plans," 3 Community Prope1:ty Journal 3 significant federal policies as the exemption (1976)]. accorded under the National Service LUe tion of the practical prING '!HAT PENSIONS OR aporond January 4, 1975-, which added sec­ balding of entitlements or a discrlm1natcry RETIREMENT BENEFITS ARE COMMUNITY OJl tion 459 to the Social Security Act, and per­ infliction of financial hardship on some wives. MARTIAL PROPERTY • mits the garn!shment of Civil Service re­ Community Property States tirement monies to enforce obligations to I hope that In some measure I may have California: Cases include the following: provide cblld support ar alim()ny. Admit­ convinced you that modern marriage should Broum v Brown,. 126 Cal. Rptr. 633, 544 p. 2d tedly, the new statute makes no reference be viewed as a partnership of co-equals and that such Is the reasonable expectation ot 561 (1976); In re Marriage of Freiberg, 127 to the enforcement, as such, of ma..-ital prop>­ Cal. Rptr. 792 (Ct. App. 4th Dist. 1976); In erty settlement agreements. the paFtles. Neither federal nor state law should provide havens Oll' exemptions for re Maniage of Ames, 57 Cal. App. 3d 912, 129 There are sevel"8.1 things to be noted, how­ those who would evade or avoid mal"ital obli­ Ca.l. Rptr. 344 (Ct. App. 4th Dlst. 1976) ~ In ever, regarding the limited application of gations and public polfcy &hould be to batten re Marriage of Maunder, ~7 Cal- Rp.tr. 707 Publfc Law 93-647. The first is that it now down the hatches so that divorce court orders (Ct. App. 4:th Dlst. 1976); In re Marrtage of has become publtc policy to subject federal are enforceable. Such a policy is of tremen­ Fithian. 10 Cal. 3d. 851, 592, 11~ Cal. Rptr. 369 retirement monies to garnishment in order dous social Importance because with the pos­ (1974); ITL re Marriage ot Wilson, 10 Ca.l. 3d to enforce marital obligations, fncludfng all­ sible exception o! the tFaftl.c court, the Amer­ 851, 112 Cal. Rptr. 405 (1974); Smith v. Lewis, many-. Secondly, It is possible that Congress ican citizen is more apt to be exposed to the 118 Cal. Rptr. 521, 530 P. 2d 589 (1975); ln was unaware of the recent developments re­ judicial system in a divorce or family law re Martin's Marria{le, 50 CaJ. App. 3d 581, 123 garding the economic incidents of divorce matter than in any other type of regal pro- Cal. Rptr. 234. (1975); ln. re Brugh,'s ltfar- May 19, 1977 EXTENSIONS OF REMARKS 15659 riage, 120 Cal. Rptr. 597 (1975); Beming v. teries which have areas set aside for the tion of the first successful steamboat Bensing, 25 Cal. App. 3d 889, 102 Cal. Rptr. 255 (1972). specific purpose of accommodating the which traveled from New York City to Idaho: Cases include Ramsey v. Ramsey, remains of our veterans of the armed Albany in 1807. The Erie Canal, linking 96 Idaho 672, 535 P. 2d. 53 (1975). services. the Hudson River with the Great Lakes, Louisiana: Cases include Swope v. Mitchell, opened the Midwest in 1825 and was re­ 324 So. 2d 461 (La. App. 1975). sponsible for the early patterns of west­ New Mexico: Cases include: LeClert v. Le­ NEW YORK-THE EMPffiE STATE ward migration from the East, the west­ Clert, 80 N.M. 235, 453 P. 2d 755 (1969); and ward flow of pioneers and settlers which Otto v. Otto, 80 N.M. 331,455 P. 2d 642 (1969). became a symbol of America throughout Texas: Angott v. Angott, 462 S.W. 2d 73 HON. LEO C. ZEFERETTI the 19th century. (Tex. Civ. App. 1970); Mora v. Mora, 429 S.W. OF NEW YORK 2d 660 (Tex. Civ. App. 1968); Dominey v. Many illustrious politicians began their Dominey, 481 S.W. 2d 473 (Tex. Civ. App. IN THE HOUSE OF REPRESENTATIVES political careers in New York, such as 1972); Webster v. Webster, 442 SW. 2d 786 Wednesday, May 18, 1977 Theodore Roosevelt and Franklin D. (Tex. Civ. App. 1969); Busby v. Busby, 457 Mr. ZEFERETTI. Mr. Speaker, I take Roosevelt who contributed their talents s.w. 2d 551 (1970). as Governors and then altered our coun­ Washington: Cases include: In re McKin-. special pride in honoring the 200th anni­ try's history as Presidents of the United ney, 2 Fam. Law Reporter 2370 (Wash. Ct. versary of the signing of the New York As App. March 19, 1976); Wilder v. Wilder, 85 State Constitution. As a New Yorker, I States. Americans, we take pride in Wash. 2d 364, 534 P. 2d 1355 (1975)·; Payne v. share the feelings of satisfaction of tile these men and as New Yorkers, we honor Payne, 82 Wash, 2d 573, 512 P. 2d 736 (1973); people of our State that we have con­ them as fellow statesmen whose presence Morris v. Morris, 419 P. 2d 129 (Wash. Sup. Ct. tributed so greatly to our Nation is still felt today. 1966); DeRevere v. DeRevere, 488 P. 2d 763 The 1970's have certainly tested the (Wash. App. 1971). throughout the past 200 years and of­ fered our accomplishments to the entire strength and vitality of our State. We Equitable Distribution States world. Certainly, we have all witnessed have begun to feel the effects of years of Colorado: In re Ellis' Marriage, 538 P. 2d hard times in the recent past, when the immigration, rising social and financial 1347 (Colo. App. 1975) (husband's military future of tile city and State of New York demands, and the outward migration of pension and future retirement pay although residents from urban to more rural areas. not marital property may be considered in seemed dim. We had not only begun to struggle against financial difficulties, but However, our State and city officials have setting alimony). worked together meet the test. Missouri: In re Marriage of Powers, 527 against social despair. Yet, we have sur­ to S.W. 2d 949 (Mo. App. 1975) (husband's in­ vived. New York City and State are Each new era in our 200-year history terest in private company's profit sharing strong and our spirit is intact. It is this has brought with it new and increasingly plan is marital property). vitality and spirit intertwined with our complex difficulties. However, New York New Jersey: Callahan v. Callahan, 2 Fam. history that I am so very pleased to always came through with flying colors, Law Reporter 2585 (N.J. Super. Ct. June 16, presenting a model to the Nation and the 1976); Kruger v. Kruger, 139 N.J. Super. 413, share with you today. An official New York State Guide in world. I am pleased, therefore, to ac­ 354 A. 2d 340 (1976); Blitt v. Blitt, 139 N.J. knowledge this history and list of accom­ Super. 213, 253 A. 2d (1976); White v. White, 1940 offered these words about our young 136 N.J. Super. 552 (App. Div. 1975); Hughes State: plishments, and honored to join with the v. Hughes, 132 N.J. Super. 559, 334 A. 2d 379 The Empire State-it would gratify the Governor and members of the New York (1975) (unliquidated workman's compensa­ people of New York 1! they could discover State Legislature in commemorating the tion benefits); Scherzer v. Scherzer, 2 Fam. who first dared that spacious adjective ..• signing of the State's constitution 200 Law Reporter 2061 (N.J. Super. Oct. 10, 1976); for in the early years of independence, there years ago, as well as our strength, vital­ Tucker v. Tucker, 121 N.J. Super. 539 (1972); was nothing imperial about the State. It ity, and spirit for which New York will Pellegrino v. Pellegrino, 134 N.J. Super. 512 was seventh in population. Its port-town at ever be known. (App. 1975). the mouth o! the Hudson, about two-thirds Wisconsin: Pinkowski v. Pinkowski, 67 Wis. the size of Philadelphia, had been partially 2d 176, 226 N.W. 2d 518 (1975), and prior burnt during the Revolution and when its cases there cited. Whig Inhabitants returned to claim it from TIME TO SWITCH TO DIRECT the British army and the Tories, they found little to cheer their hope. ELECTION VETERANS BURIAL REIMBURSE­ What inauspicious beginnings. And HON. MORGAN F. MURPHY MENT BILL how far we have come since that time. As a State that was once seventh in OF ILLINOIS population, we now rank second. From IN THE HOUSE OF REPRESENTATIVES HON. EDWARD P. BEARD that small port-town sprang the great Wednesday, May 18, 1977 OF RHODE ISLAND city of New York, the largest city in Mr. IN THE HOUSE OF REPRESENTATIVES the Nation and the third in the world. MURPHY of Dlinois. Mr. Speaker, And, if those same inhabitants returned on March 22, President Carter called for Wednesday, May 18, 1977 today, they would be greeted by the the abolition of the electoral college. Mr. BEARD of Rhode Island. Mr. majestic view of the Statue of Liberty After carefully examining the issue, I Speaker, I am introducing a bill today which greeted countless numbers of im­ h9.ve concluded that it is time to switch that reflects the sentiment of many vet­ migrants entering before them, and be to direct election. erans, veterans organizations, members overwhelmed by the physical, towering Fundamentally, there are three im­ of the House Committee on Veterans' Af­ strength of our city which, despite the portant reasons why the direct election fairs and indeed, many Members of this claims of certain prophets of doom, still method should be adopted: House. My bill would authorize the Vet­ remains the social, cultural, and com­ First. Every citizen's vote would count erans' Administration to pay a $150 al­ mercial capital of the world. equally. lowance to any State or any agency or From the shaky beginnings 200 years Second. The possibility that the popu­ political subdivision of a State in reim­ ago rose a State which has played a large lar-vote loser could still win the Presi­ bursement for expenses incurred in the role in shaping the course of American dency would be eliminated. burial of each veteran in any cemetery history. Our State was in the forefront Third. Direct popular election would owned by such State, if the cemetery or of the Revolutionary War, the War of put into operation a system most Ameri­ section thereof is used solely for the in­ Independence, having been the scene of cans believe operates anyway. terment of veterans. approximately one-third of all the battles I would like to bring to the attention This House has seen fit to favorablY fought by the Americans. New York City of my colleagues an article I have writ­ legislate in the past, a similar provision was the first capital of the country under ten on the subject, which appeared in regarding cemeteries maintained by the our new Constitution and was, in addi­ the Daily Calumet on May 4, 1977: States solely for the purpose of veteran tion, the city where George Washington ELIMINATE ELECTORAL COLLEGE burial. The Rhode Island Veterans Ceme­ was sworn in as the first President of the You may think you voted for either Jimmy tery is one such facility. My bill be.ing United States. Carter or Gerald Ford in the last election. introduced today would extend that re­ New York State continued to influence But you didn't. You voted for Presidential imbursement provision to those ceme- the course of events, with the introduc- electors who cast their votes on your behall'. 15660 EXTENSIONS OF REMARKS May 19, 1977 Thfs body of electol'S 1.s known by the quaint block voting would basically remain intact ment based on a free social order. His first name of .. the electoral college." under the direct election method. "D!Iution" policy speech in parllament called for a.n According to the unusual method we use of minority group voting strength 1s threat­ end to the ancient hostilities between Ger­ to elect our presidents. the shift of a few ened not by the direct election plan, but by many and France. He preached European thousand votes in Hawa11 and Ohio last No­ the possib111ty that a minority group may economic integration, later reflected in the vember would have dented Jimmy Carter the not vote as a block. Common Market. He counseled mllltary al­ Presidency, enn though he had won a ma­ Fifth, it would not be necessary to have a liance with the U.S., which culminated. 1n jor! ty of the popular vote. nationwide recount lf vote fraud occurred Germany's admission to NATO. He pledged The electoral college 1s the official body under the direct election system. As under restitution to victims of Nazi brutality, with which meets every !our years to elect our the present system. only votes cast in states the result that Germany paid several b!Ulon President. This system ol indirect election where fraud allegedly occurred would have to dollars to the world Jewish community. was adopted as a compromise in 1787 by the be recounted. None o! this could begin to erase the sins Constitutional Convention. a.!ter it failed to Interestingly, the electoral college puts a and horror of Nazism. But it helped reas­ agree on other methods to elect the Presi­ premium on fraud because the difference of sure a skeptical world that Nazism was a dent. a single vote can tip all o! a state's electoral thing of the past 1n West Germany (in con­ The Founding Fathers rejected direct elec­ votes to one candkiate. trast to East Germany, where totalitarianism tion because they did not believe the people Fundamentally, there are three important lives on under a Communist label). could be trusted to judge the charact'\r and reasons why the direct election method Ludwig Erhard, who had also been purged quallflcations of Presidential candidates. So­ should be adopted: by the Nazis, !aced a di1ferent but no less lution~ let the people elect prominent citi­ -Every citizen's vote would count equally. difficult challenge. He rater recalled that 1n zens who wOUld cast wise and independent -The possibilfty that the popular-vote the immediate post-war period economic votes on behalf of the less enlightened loser could still win the Presidency would be planners were predicting generations of hard­ electorate. el!minated. ship and privation for the German people. On March 22. President carter called for -Direct popular election would put lnfio The planners, he said, "had absolutely no the abolltion of the electoral college. There operation a system most Americans believe conception that 1f a people were allowed can be no doubt that Carter's proposal Is sup­ operates anyway. Vi'hy not put it into prac­ once more to become aware of the value and ported by the vast majo:rity of AmericaDS. tice? worth of freedom, dynamic fOrces would be The most recent Gallup oplnlon poll, pub­ released." Ushed Feb. 10, shows that 75 per cent of the Those dynamic forces were nothing more public supports the direct election o! the A TRmUTE TO LUDWIG ERHARD, than the energies and ab111tles of an indus­ President. trious people, allowed to pursue their re­ Nevertheless, as someone has said, Ameri­ A CLASSICAL LIBERAL WHOSE habilltation with a minimum of govern­ can history is "littered with the wrecks of IDEAS AND LEADERSHIP HELPED mental controL Wblle many governments previous attempts.. to change our current CREATE A MODERN-DAY MffiACLE opted !or some !onn of collectivist eco­ system. So the electoral college survive.c;. nomic model, Dr. Erhard realized this wa.s Why? a sure y of proTing the pess1mlstic plan­ Those who favor keeping wme form of the HON. JACK F. KEMP ners right. In 1948, while he was director e ectoral college usually argue the following: OF NEW YORK of eeonomie affairs 1n the U.S. and British First: 1t works. Tbe Electoral College has m THE HOUSE OF REPRESENTATIVES occupation zones, he displeased the Allies nearly always elected as President the man and his. German colleagues. by decreeing an who won the most popular votes. Second, it Wednesday, May 18, 1977 end to most rationing and economic con­ discourages single-issue third parties from Mr. KEMP. Mr. Speaker, on May 5, the trols. '"Turn the people and the money forming, since they rarely are able to loose." he said, .. and they wm make the translate popular votes into electoral votes. world lost one of its great statesmen, country strong." Third, it guarantees sta.tes• rights by giving Ludwig Erhard, former Chancellor of The Socl!illsts. of course, trotted out the ea.ch state a voice in electing the President. West Germany_ usual complaint that his pollcies benefitted It also gives smaller states greater infiuence As the economic adviser to the Ameri­ the a.ftiuent at the expense of the masses. in deciding the outcome of a Presidential can and British occupation zones in Ger­ Yet one of his first official acts upon as­ election. Fourth, it gives more power to many following World War II, Erhard suming his ministerial position was to af­ minority groups voting as a block, since they was instrumental in masterminding the firm L free economic order and re1ect1on of can tip all of a state's electoral votes to one socialism. He removed rent controls and candidate. Fifth, It minimizes nasty recount German economic "miracle." The basis other impediments that distort the mar­ problems. for this miracle was a dismantling of the ket, then. watched with aulet sa tlsfactlon as But these reasons are at best doubtful economic controls-which had been re­ the German economv took off with a whoosh. arguments for retaining the present system. tained by the Allies-and a restoration Before long the German masses were en.toy­ First, 1t cannot really be said that the of the free market, lower taxes, and a ing prosperitv beyond their wllriest dreams. electoral college "works... It is more accurate sound currency. These princip es still Together Adenauer and Erhard showed to saT that the present system has not done form the base for German prosperity how clas"ica.t Uher<>lism was not outmoded its full potential for damage. today. but exactly the rig"ttt nrescrtnt1on for achiev­ At a time o! mass communication and ing economic nrosneritv and nol'tlcal free­ widespread skepticism about government, no At this point I would like to insert into dom. The wond"'r 1s not that We!'lt Germany popul&r-vote loser could hope to govern effec­ the RECORD an editorial !rom the Wall did so well bv followfn~ th ..t Dl"i'!S~rlption, tively following his assumption of the Presi­ Street Journal, May 10, 1977, and an b~t that so few othf>l' vo'"ernments learned dency. It is tar better that we anticipate and article from the New York Times by from the German examnie. avoid this crisis than be forced to change the Wolfgang Saxon, May 6, 1977, regarding system afer the damage has been done. the career and accomplishments of Lud­ [From the New York Times. May 6, 1977] Second, the claim that the electoral college wig Erhard: It clearly shows the power A SYMBOL OF PltOSPERlTT sustains the two-party system 1s contradicted it by a recent election. In 1976, Eugene of ideas. For was Erhard who strongly (By Wolfgang Saxon) McCarthy's strength was not his ab111ty to influenced President Kennedy to reduce It any single man deserved oredit for West win popular votes, but his power to draw tax rates in the early 1960's and which Germany's astounding economic rise from votes away from Carter and tip some l"tates' led to such high growth and low inflation the ashes of World War II, tt was Pro!. Lud­ electoral votes to Ford. Similarly, George for the United States from 1962 to 1967. wig Erhard, the rotund, pink-cheeked, cigar­ Wallace's threat in 1968 was his potential to The editorial follows: smoking lnca.rnatton o! nrosoerlty, who dis­ regarded the outcries of his countrymen and win enough electoml votes to throw the elec­ [From the Wall Street Journal, May 10, 1977] tion into the House o! Representatives. their conquerors and put his economic Vision There he could have made an unsavory deal PRESCRIPTION FOR PROSPER.ITY to work. with Humphery or Nixon as the price for his The . death last week of Ludwig Erhard The remedy he prescribed was a. free mar­ electoral votes. marks the end of an important post-war era ket economy with a social conscience-a Third, the direct election method does not that began in September 1949, as the Berlin formula hls critics deemed a ludicrous an­ violate states' rights. The President and vice­ airlift was nearing its conclusion. At that swer to the problems of a shattered, trun­ president are our only na.ttonaJiy-eiected of­ time, while Germany was st111 trying to dig cated country where hunger and short941:es ficials. Do states have a "right" to deny the out of poverty and destruction. Konrad Ade­ abounded and Lucky Strikes were the coin popular-vote winner the Presidency? And do nauer was elected first chancellor of the of the realm. smaller states have the "rie:ht" to the!r ex­ Federal Republle of Germany by a razor­ To e:et his nollcies across., Dr. Erhard at tra influence under the present system? The thin margin in t!">e. Bonn pg.rlia.m.e.nt and Mr. first moved wlth stealth, after which he ser­ Supreme Court has upheld the principle of Erhard became minister of economic affairs. monized, coaxed and at times bullied labor "one-man, one-vote." States should not have Dr. Adenauer, who had been dismissed as and industry a.s he busily opened a valve here the right to violate this principle. ma.yor or Colo~ne by Hitler in 1933, set about and tightened one there to ~et up more Fourth, the power of minority groups• to install in Germany a democratic govern- economic steam. Thus he built the tools May 19, 1977 EXTENSIONS OF RE!\-IARKS 15661 with which the GQvernment of Konrad productivity as the keys to success, along about the mighty mark. A !allure to antici­ Adenauer, West Germany's first Chancellor, with generous incentives for enterprise. pate and cope with the big Federal deficit could gain respectabillty abroad, and give In that fashion, removal of rent controls was the final blow that brought down his the Germans back their sel! -respect. and space allotments for individual families government. APPROACHED BY AMERICANS stimulated the building industry, and added The Christian Democrats were forced into capacity, which in turn buoyed the steel­ a "grand coalition" with the Social Demo­ The economic mission began for Dr. Er­ makers and other suppliers. crats, replacing Dr. Erhard with Kurt Georg hard, a trained economist without a Nazi Thus directed; the forces of the market Kieslnger on Dec. 1, 1966. past, when an American major one day in the soon made West Germany outproduce the Dr. Erhard was born in Furth on Feb. 4, early summer of 1945 drove up in a jeep at prewar economy of the much larger German 1897, the son of a dry-goods merchant. He his home in FUrth, Bavaria. At a time when Reich and within years overtake most other was seriously wounded while serving as a most German cities lay in ruin, he had been industrial powers, sending forth Volkswa.gens, cannoneer in World War I, making him picked from a Uc;t of "good Germans" to help locomotives and nll manner of goods to the physically unable to take over his !ather's figure out ways in which to get factories back ends of the earth. shop. Instead, he studied management and into operation in his native region. FuU employment and busy factories earned economics and received a doctorate the year Dr. Erhard was driven to the imposing Dr. Erhard another nickname before long. he married Lulse Lotter, a fellow economics American occupation headquarters in Frank­ He was "Mr. Prosperity" and looked the part student. furt and went to work nearby in an office with his amble girth and a rich bl-ack cigar He joined a market-survey institute in in bomb-scarred barracks. Later that year he protruding from his round !ace. He was criti­ 1928 and became its director, but he lost beca.me minister for economic affairs in the cized at times by Socialists who found his that post in 1942 after some harassment over Bavarian state government, a post he held market economy not socially oriented his divergence from Nazi ideology and eco­ !or little over a year, after which he returned enough, and by industrialists who disliked nomics. to teaching. his trust-busting tenor ln defense of free In 1947 he was appointed chairman of a competition. But by and large Dr. Erhard en­ group of German and American financial joyed enormous popu.arity until his sudden , AWARD TO HENRY T. SEGERSTROM experts who, working in secrecy in a guarded !all from grace during his brief tenure as villa near Frankfurt, prepared to Wipe out Chancellor and successor to Dr. Adenauer. 400 billion inflation-bound Reichsmarks. But then the war-ruined economy had come to ECONOMICS :M.INISTER IN 1949 HON. ROBERT E. BADHAM work largely on "cigarette currency," with The two men had met in Bonn during the OF C~ORNIA six to 10 Reichsmarks fetching one Camel or drafting of the West German Constitution. IN THE HOUSE OF REPRESENTATIVES Lucky Strike and little else, because people When the Federal Republic of Germany was resorted more and more to barter and black founded in 1949, Dr. Erhard having been Wednesday, !.!ay 18, 1977 markets. elected to the Bundestag, became minister Mr. BADHAM. Mr. Speaker, I would of economics. He held the post until October DmECTED CURRENCY REFORM my 1963. like to call the attention of colleagues Dr. Erhard was director of economic at­ Dr. Adenauer made him Vice Chancellor, to the second annual aw~d by the fairs in "bizonia"-the sardonic German ap­ in addition to his economic post, after the Mardan Center of Educational Therapy, pellation for the combined American and 1957 elections. But their relationship grew to be given Saturday, May 21, 1977, to British occupation zones-when the curren­ diffi.cu.t after Dr. Erhard showed political am­ Henry T. Segerstrom, for his outstanding cy reform was inaugurated in the summer of bitions of his own. achievements and service to the citizens 1948. Henceforth he became known as "the In 1959 Dr. Adenauer decided to resign and father of the Deutsche mark," one of the of Orange County. run for election as President, a largely cere­ Mr. Segerstrom, who earned the Purple more affectionate nicknames he picked up monial omce he may have wished to reshape in his public career. in the GauL1st image. But he changed his Heart on the battlefields of Europe dur­ Long rows of ragged people lined up at mind when his Christian Democratic Party ing World Warn, is a native of Orange the banks that summer to exchange notnlnal favored Dr. Erhard as his successor rather County, Calif., where he was born in sums of worthless Reichmarks one-to-one for than his own hand-picked favorite. Santa Ana. He is a member of a pioneer the newly printed Deutsche mark, with the It was known that the aging Dr. Adenauer, farming family, one of the few owners rest of their money holdings to be redeemed who had spent most of his active life in who did not acQuire their land through later, at 10 to 1. polltics, had little regard for Dr. Erhard's As it turned out, it was almost the last Spanish land grants. competence to govern and to survive in the As Orange County developed during time West Germans had to line up for any­ rough and tumble o! practical politics. In thing. Hoarded goods suddenly reappeared on fact, it was said that Dr. Adenauer himself the last 30 years into a major urban the shelves and queues disappeared as if by originated yet another nickname that would area of California, the Segerstrom fam­ magic as industry geared up and farmers sold haunt Dr. Erhard in the frustrating years ily branched out into many industrial, their produce in the market for the new ahead: "Rubber Lion." commercial, and residential development money, today one of the world's most solid A party caucus forced Dr. Adenauer tore­ activities, while still farming vast tracts currencies. sign in the fall of 1963, and against his coun­ of the family property. Dr. Erhard, convinced that currency re­ sel the party picked Dr. Erhard as its vote­ form alone was not enough, sprang an addi­ getting "people's chancellor" who would Henry Segerstrom, however, along tional surprise of his own. Acting on a Sun­ bring new faces and new directions to the with other members of the Segerstrom day when neither his German colleagues nor Bonn government. family, has contributed land for a park the military government could interfere, he The new Chancellor promptly Eet off for a in Costa Mesa, a Girl Scout headquarters announced in a broadcast that he had de­ pilgrimage to Texas, where he established to serve the entire county, and property creed the end of nearly all rationing and eco­ a personal relationship with President Lyn­ nomic controls, including price controls. for a new South Coast Repertory don B. Johnson, reflecting his conviction Theater. "Turn the people and the money loose," he that West Germany's very existence depended declared, "and they wi.l make the country on the benevolent protection o! the United In the meantime, Henry Segerstrom strong." States. has found time to make important per­ His move angered the Allies. "Herr Erhard," sonal contributions to the well-being and remonstrated the then American Military But as if to prove Dr. Adenauer right, Dr. Governor, Gen. Lucius D. Clay, "my advisers Erhard unwittingly appointed a former Nazi improvement of his community. tell me this is a terrible thing." judge to his cabinet and had to dismiss him He has served in a number of capaci­ "Don't worry," Dr. Erhard replled. "My ad­ after East Germans disclosed the man's em­ ties with farmers organizations of Or­ visers teL me the same thing." barrassing past. ange County and California, has been a He stuck to his guns also in the face of a Always looking !or a middle ground and member of the U.S. Agriculture Stabili­ public outcry when prices rose after his reluctant to whip dissidents into line, Dr. zation Committee and its Orange County action. Signs saying "Erhard to the Ga.Iows" Erhard soon got into trouble with unruly were waved in the streets, and the Social members of Parliament from his own party, chairman, has been active in the Orange Democrats assailed him because the removal among them Gaullists led by Dr. Adenauer County Chamber of Commerce; the of controls seemed t-o benefit the affluent who disllked their country's "subservience" Santa Ana Chamber of Commerce; the rather than tp.e impoverished masses, at least to Washington. Santa Ana Rotary Club, and a trustee initially. With increasing restiveness, the dissidents and founding member of the World Af­ Dr. Erhard remained confident that the demanded new initiatives in foreign policy fairs Council of Orange County. For the removal of contro:s would soon overcome particularly a start toward normalization or past 20 years he has been a director of such difficulties and inequities. "Prices wlll relations with Communist Eastern Europe. the Orange County Water District, drop in the spring," he promised on Christ­ Editorial writers started referring to the "do­ mas Eve. And they did. nothing Erhard era." which he also served as president for Trained in a heritage of 19th-century eco­ Dr. Erhard's economic miracle stalled in a 6-year period. nomic liberalism and modern social respons1- mld-1966, when a recession struck West Ger­ As further evidence of the selfless ac­ b1lity, Dr. Erhard preached hard work and many and creeping inflation caused concern tivities of Henry Segerstrom, I would CXXIII--986-Part 13 1.5662 EXTENSIONS OF REMARKS May 19, 1977 like the Members of this honorable body and to help suggest improvements where better gauge the record of our law en­ to note that the man being honored by they may be needed. forcement agencies and also so that a the Mardan Center was chairman of Let me give you an example from the ft.lly-informed General Accounting Of­ the Citizens Committee in 1970 for the work of my Government Operations flee can help the FBI rebuild its credibil­ Orange County Transit District, was fi­ Subcommittee on Government Informa­ ity through independent verification of nance chairman of a school bond pro­ tion and Individual Rights. This subcom­ its activities. gram in Santa Ana in 1972; was finance mittee's jurisdiction includes the Free­ The text of the bill follows: chairman of the Action in Transit Com­ dom of Information Act and the Privacy Be it enacted by the Senate and House of mittee in 1974, and is currently a direc­ Act, as well as general oversight for the .Representatives of the United States of tor of the Newport Irvine Waste Man­ Department of Justice, including the America in Congress assembled, That section agement Planning Agency. FBI. 313 of the Budgeting and Accounting Act, Furthermore, Mr. Segerstrom has 1921 (31 U.S.C. 54), is amended by inserting One study the GAO is undertaking for at the end thereof the following new sen­ served for the past 3 years as a member the subcommittee and several members tence: "With respect to the Department of of the Board of Overseers of the Hunt­ involves FBI compliance with requests Justice, and any offices, bureaus, or other di­ ington Library, a director for 3 years of for information under the Freedom of visions or units thereof, the authority con­ the Equitable Savings & Loan Associa­ Information Act. As part of its audit, tained in this section shall be applicable to tion and for the past 4 years as a director the GAO examines FBI materials and audits under section 117 of the Accounting of the Southern California Edison Co. compares them with what has been given and Auditing Act of 1951J and to reviews and evaluations under section 204 of the Legis­ These extensive activities have been to the individual making the Freedom of lative Reorganization Act of 1970, and shall carried on by Henry Segerstrom despite Information Act request. The dimculty not be restricted to only those books, docu­ a heavy workload in the family busi­ is that the materials given to the GAO ments, papers and records pertaining to the nesses which include Orange County's are not the original data on which the receipt, disbursement, or application of pub­ first major zoned industrial park; a FBI makes its decisions, but summaries lic funds, but shall extend to all books, docu­ major shopping center, and other com­ or copies of that data with certain por­ ments, papers, or records within the posses­ mercial properties. tions excised. Without knowing what has sion or control of the Department or any of­ Mr. Segerstrom is a graduate of Stan­ been excised, it is more dimcult and in fice, bureau, or other division or unit there­ ford University, a member of the Stan­ some respects impossible for GAO to de­ of." ford Faculty Club, Stanford Associations, termine whether the FBI is complying Newport Harbor Yacht Club, Santa Ana with Freedom of Information Act re­ FDA SHOULD DROP SACCHARIN BAN First Presbyterian Church, Hoag Me­ quirements. morial Hospital 552 Club, and director The FBI developed a huge backlog of of the Newport Harbor Art Museum. FOI requests and is now about to bring HON. ROBERT H. MOLLOHAN It is with honor that I rise to pay trib­ in hundreds of special agents from OF WEST VIRGINIA ute today to Henry T. Segerstrom and around the country to try to work off IN THE HOUSE OF REPRESENTATIVES the Mardan Center which is honoring that backlog. Part of the GAO's study is Wednesday, May 18, 1977 him, because without men like him and aimed at determining just what goes into organizations like the Mardan Center, servicing an FOI request so that the Mr. MOLLOHAN. Mr. Speaker, today the lives of all of us in Orange County Congress can judge costs and such ques­ the Food and Drug Administration be­ would be poorer indeed. tions as whether the Freedom of Infor­ gins public hearings here in Washington mation workforce should be composed on proposed regulations it published in primarily of special agents. But GAO the Federal Register of April 15, 1977, to auditors cannot sit next to agents and ban the use of saccharin, except, perhaps, GENERAL ACCOUNTING OFFICE analyze their processing of requests be­ as a tabletop sweetener which FDA might ACCESS TO FBI RECORDS cause the agents are examining original allow to be sold as an over-the-counter­ data, and the GAO is not allowed to OTC-drug. HON. RICHARDSON PREYER look at this data. I think it will be good Next month, FDA is scheduled to pub­ for the Bureau if the GAO can go in there lish final regulations outlining how sac­ OF NORTH CAROLINA and look at some programs and find, charin may be used, if at all. IN THE HOUSE OF REPRESENTATIVES based on full examination of the Saccharin has been the subject of Wednesday, May 18, 1977 records, that the Bureau is performing extensive discussion, both in the Congress as the law dictates. Or, if it is not, the and among the American people, since Mr. PREYER. Mr. Speaker, nearly 1 FDA first announced its intention to ban year ago, the Comptroller General, Mr. Congress certainly ought to know that. The GAO does not need to copy or dis­ the artificial sweetener earlier this year. Staats, and the Director of the FBI, Mr. I have studied very carefully the docu­ Kelley, reached an agreement spelling seminate investigative data. I think ade­ quate arrangements could be made to as­ mentation FDA has put forward as a out the ground rules for access of the justification for its decision. I have come General Accounting omce to FBI sure the security of this material while at the same time giving GAO the ulti­ to the conclusion that the evidence FDA records. has used is inconclusive and that the This agreement was an improvement mate access it needs to properly perform its function. Auditors could examine ma­ Agency should drop any plans to ban over the previous situation in which GAO the substances on the grounds that it was consistently blocked from examining terial at the FBI in the presence of an agent. The GAO also does not examine does not have adequate reason to take materials necessary to its auditing this action. functions. every document relating to whatever pro­ But although the FBI is apparently gram it is evaluating; as is common in We all know that can.cer is a dread living up to the terms of this limited most auditing, it would examine only a disease that afflicts hundreds of thou­ agreement, the fact remains that GAO random sampling of its choosing. · sands of Americans each year. It is an still is not getting access to some of the I am convinced the GAO already pos­ insidious affliction that causes great suf­ material it needs to see in order to prop­ sesses the authority in law to look at fering and anguish, and if we can find erly evaluate FBI operations. such material, but the attorney general a way to eliminate cancer, it would be one As a result, I think the time has come has in the past challenged this interpre­ of man's great triumphs over the complex for the Congress to make clear by statute tation, so clarifying legislation is needed. and often ill-understood mysteries of that GAO has access to FBI records. The Therefore, I am introducing today a life. FBI has legitimate concerns for the se­ simple bill which would amend the Budg­ Because we all fear this disease, it is curity of some of its records, particularly eting and Accounting Act of 1921 to not dimcult to cause public panic by the names of informants and its intel­ make it clear that the authority given asserting that a particular substance ligence and investigative files. But the GAO to obtain books and records ex­ may be a cancer-causing agent. But un­ purpose of GAO access is not to spread tends to management as well as financial less we have strong evidence before mak­ these rna terials about. The purpose is to audits. ing such assertions, we run the risk of enable the Congress to see if the FBI is I urge my colleagues to join in support crying "wolf" too often. performing its job as Congress intends, of this measure so that the Congress can In the 1950's during the infamous Me- May 19, 1977 EXTENSIONS OF REMARKS 15663 earthy campaign against communism, MAT 16, 1977. that the rate of incidence of cancer of the we became almost a paranoid society. FooD AND DRUG ADMINISTRATION, bladder in the United States 1s 30,000 cases For awhile, we saw "red" behind every Rockville, Met. annually. The FDA statement continues: Sms: This statement constitutes formal "If everyone in the United States ingested tree. Uneasiness and !ear swept through comment on the Food and Drug Administra• 150 milligrams of saccharin per day (e.g., America. But as McCarthy pressed ahead tion's proposed regulations as published in from one large diet drink) over a lifetime, harder and cried "wolf" time and time the Federal Register of April 15, 1977, re· and 1f the other assumptions are correct, again, the American public began to garding the future use of saccharin. there could be approximately an additional question the validity of McCarthy's alle­ After thorough examination of the ra­ 1,200 cases per year (or an increase in risk gations. In the end, he cried "wolf" too tionale presented by the Agency to justify of !our percent over the basal risk.) If only often and was discredited. this action, I have come to the unequivocal half the population ingested 150 mllligrams conclusion that the proposed restriction on of saccharin per day over a lifetime, an addi­ A similar paranoia is sweeping the the use of saccharin as a food additive, drug tional 600 cases per year could occur (or an land in the 1970's, this time engendered ingredient, table-top sweetener and as a com­ Increase in risk of two percent over the basal by repeated assertions that ·an ever­ ponent in certain cosmetics is unjustified, risk.)" growing list of substances may be cancer- unwarranted and unnecessary. Yet, while saccharin has been in general causing agents. · OBSERVATIONS use !or 70 years, FDA notes that "the esti­ mated increased risk !rom this moderate use On In reviewing research techniques used by Saturday, May 14, The Washing­ of Eaccharln cannot be detected in human ton Post addressed this point in a very the scientific community to determine the epidemiological studies. Such studies usually carcinogenicity of any element, FDA has instructive and informative article en­ can only detect increased risks of 200 to 300 titled "Boycotting Carcinogens Is stated in the preamble of its proposed percent (i.e., two to three times the baseline regula. tlons: rate) or greater. Even the best feasible epi­ Difficult." "Even with the best test system, it must The article was about a Fairfax demiologic study is not likely to detect an be recognized that a positive result only increased risk of only two to four percent County, Va., couple who have strived to labels a substance as a suspect human car­ over background incidence." avoid buying any product that may be cinogen; at the same time, a negative result What this tells us, then, is that the possi­ carcinogenic. They are about at wit's end, does not necessarlly exclude the possiblllty ble increased risk of continued human in­ that the substance is carcinogenic !or man. gestion of saccharin 1s so small and so sta­ because the list keeps growing and they Furthermore, it should be remembered that tistically insignificant that it cannot be de­ are not sure what to believe anymore. absolute demonstration of noncarcinoge:n­ The article continued: tected in normal scientific studies conducted lcity, even in the species test, is impossible." to detect the incidence of certain diseases in In 1976 alone, The Washington Post carried Translated into everyday English, what the stories linking cancer-causing agents to man. FDA is telling Congress and the American Adding a final Indignity to the Incredulity various drugs, sex hormones, beef, chicken, people is that it is impossible, through test· of the case presented by FDA for restricting swine and turkey fattened with a certain ing, to say, without equivocation, that any use of saccharin, the proposed regulations chemical, over-the-counter medications, substance will not cause cancer. We are left state: cough syrup, toothpaste, food packages, to assume, therefore, that even the most nat· ' Although the risk from consumption of sleepwear, snuff, quarries, X-rays, herbicides, ural and unadulterated element or substance saccharin ls small compared to that of other pesticides, decaffeinated coffee, bacon, red conceivable could cause cancer because we health hazards, e.g., cigarette smoking, sac­ dye No. 2, various workplaces and air and can't prove that it does not. charin 1s only one of a potentially large drinking water. In discussing the use of rats or other number of hazards present in our environ­ The story then quoted Dr. Ruth Beiler­ animals as test subjects, FDA has, in its pro­ ment. The Commissioner believes that re­ White, identified as the person in charge posed regulations, made the following duction of prolonged, general exposure to a statement: number of weakly carcinogenic substances of FDA's consumer inquiry sta1f, who "Experimental assays are conducted under in our environment as they are discovered said that people should not be overly controlled dietary and environmental condi­ may be essential to reduce the total incidence concerned about these reports. She told tions with animals of homogeneous genetic of cancer." the Post: background, wh11e humans live under diverse There are several observations to be made They should be worrying about malnutri­ conditions and are genetically heterogeneous, in analyzing that statement: tion and food-borne (bacteria). People just and are therefore likely to include subpopu­ (1) FDA admits that the potential risk don't have perspective. lations of unusual susceptlblllty." !rom continued human consum~tion or sac­ What this would appear to tell us is that charin is small and, based on earlier described I find her statement almost incredu­ by running tests on rats of the same genetic statements) the risk itself is not con­ lous. Who is crying ••wolf'' the loudest characteristics and then extrapolating the vincingly documented. but the agency she represents? results to assess the impact on human beings (2) I! FDA believes there 1s even a hint We should never relent in our e1fort to with widely divergent genetic background, (proved or otherwise) that any subicn-making in establishing priorities and ..Freedom Now!" without being prepared and say what she says, we are a stupid peo­ the ~election of projects. collectively to assume not only the ri~ht of ple; if on the other hand we are determined Increa.c:ing the program's efficiency while a free people but also the responsibilities of to reach the highest standards of the world, reducing administrative workload. a free people-to give of their abundance for and broaden and 11ft those standards by Simplifying the process and procedures the care and succor of the less fortunate developing the best part of our Negro cul­ so that the program participants and general among us. With juvenile delinquency 'lnd ture, erased from our souls by blood and public more readily can assess the program. suicide rates rapidly increasing; with the slavery, by poverty and insults, we may, led III. GENERAL CONSIDERATIONS abomination of alcoholism destroying tile by Africa, yet save the world. On the other fiber of the lower economic and poverty class Compensation for Round I: The distribu­ hand, if we are bribed by high salaries to tion of the two blllion dollars under Round families; with 60 to 75 percent of the drug our gifted while our masses starve, by priv­ abuse in the nation found in the Black com­ ilege to our rich while our millions crawl, I should be taken into consideration 1n the munity; with that awesome killer of Black by publicity for our fools while our leaders four billion Round II funding. For purposes Americans, hypertension, stalking the land­ and our youth rot in jail, we are lost. This of equity, the LPW program should be treated Blacks cannot depend upon government to nation, by its mad !'lunge into lying, steal­ as an integral six billion dollar program and be the sole economic resource for dealing ing and murder, will drag us as a part of not as two separate funding efforts. Recog­ with these problems, which haunt and it down to an age ... of eternal night." nition of an area's previous funding level, or threaten our people. the lack thereof, must be made in order to Blacks must answer the call of tens of As President of the National Black United achieve an overall equitable distribution of thousands of the Bl<>ck masses who cry for funds. Fund, I am appealing publicly at this time, help, the "endangered species" hopelessly and shall be corresponding with you over the enmired in the national racist quagmire. Limited New Applications: To the extent next few months, asking Black leaders of na_. possible, the existing file on non-funded ap­ tional organizations to augent the Board of On June lOth, when we celebrate the 114th plications should be used in Round II in or· Directors, locally and nationally, of the Na­ anniversary of Lincoln's Emancipation Proc­ der to S!Jeed up the imolementation of the tional Black United Fund and your respec­ lamation, let us not forget: Of e,ch ten program as well as reduce administrative tive local Black Community Funds. The ex­ Black male youths born in and after 1960, costs on the part of both applicants and perience of our individual organizations in today the following startling results have EDA. The initial set of apolications is gen­ amassing large sums of money to contribute obtained: One of these ten Black males has erally reflective of local needs and demands. to the Black church, the NAACP, the Urban been convicted of murder, and one of these However, some new applications should be al­ League et al, demonstrates that we can build ten Black youths has been the victim of lowed in order to address application short­ a mighty economic fortress to say_ to those murder! fall in some instances. May 19, 1977 EXTENSIONS OF REMARKS 15667 Competing Applicants for the Same Juris­ The amount of the respective sub-state together they can best identify and meet the diction: The multiplicity of claimants upon planning targets for eligible areas will be immediate needs of the city. In cases where the LPW funds must be recognized. Several determined taking into account the follow­ the Mayor and/or School Board prefer to governmental entities--states, counties, cit­ ing factors: have EDA choose among their projects, the ies, school districts, special purpose units of (1) Severity of unemployment, in terms Agency would make decisions based on such government and Indian Tribes are competing of both numbers and rate. factors as labor intensity, long-term bene­ for the same funds. These entities often have (2) Funds received in the first round. fits and energy conservation overlapping geographical jurisdictions. V. GENERAL METHODOLOGY SUMMARY (4) Non-Primary City Governments/ Therefore, while attempting to geograph­ A. Allocation of Funds School Districts: The planning target for a ically distribute the funds to areas of great­ Set-Asides: Before establishing tne specific balance-of-county or county with no prltnary est unemployment problems, the needs and planning targets which will be established cities wm be distributed to the cities and interests of different governmental entities for different governmental units and areas, townships located within it which submitted must also be met. Except for Indian Tribes, three set-asides will be determined and de­ applications. This suballocation will be based the legislation provides no specific direction ducted from the funds to be allocated to the on each place's unemployment data. (calcu­ for choosing among these different types of planning targets. Nationally, an Indian set­ lated by EDA according to the "census share" eligible applicants. aside and a procedural error set-aside will method) using the 65/35 formula. The cities Local Identification of Needs and Priori­ be deducted from the amount of funds to be and townships receiving planning targets will ties: The selection among projects from the allocated to the States. In addition a "pocket be ranked accordingly. same applicant and;or area created many of poverty" set-aside will be deducted from The individual planning target !or each difiiculties in Round I. It is difiicult given each applicable State. of these non-primary cities will then be avail­ the large number of applications, the admin­ Statewide Planning Target: A State's over­ able for the projects of either the city gov­ istrative time constraints and the generic all Round II planning target then w111 be ernment or any school district which can nature of a countercyclical program for the determined by the formula in the legislation apply independently from the city govern­ Agency to make detailed project analyses and which allocates 65% of the funds among all ment for school projects to serve the city. comparisons. Therefore, to the extent feasi­ States in proportion to each one's share of Again, the Mayor and School Board should ble, project selection will be delegated to the the total number of unemployed in all States jointly agree on the use of the city's plan­ sponsoring governmental units who are in a and 35% of the funds among those States ning target; otherwise, EDA will select among better position to identify local needs and with unemployment rates above 6.5% on the the eligible projects. set priorities for the resources that are made b.:sis of each State's relative severity of unem­ Determining Planning Target Available for available. ploJment. Round II: For each of the above areas and applicants, proportionate funding for the Differences Among St"~tes: Governmental Sub-State Area Planning Targets: Sub­ entities, particularly counties, vary among total LPW program will be achieved by de­ State planning targets then will b~ estab­ States in terms of the degree of services and termining $6 b1llion level planning targets lished for each eligible "area" within a State, and subtracting any previous approved proj­ functions which they perform. Some recog­ those with an unemployment rate equal to nition of this inter-state differential is ap­ ect to determine the amount of money re­ or above 6.5 percent or the State average, maining for Round II. propriate in determining funding level plan­ whichever is lower. Three kinds of "areas" ning targets. Exceptions: In certain cases, some eligible will be included in this allocation of a State's areas/applicants within a State will not re­ Administr~tive Efficiency: Tbe further de­ funds: velopment and processing of the existing ap­ ceive a planning target. These cases are as ( 1) primary cities (population of 50,000 follows: plication file, some 20,000 plus projects, is a or more); substantial task. An indication of the 4,000 ( 1) The amount of approved projects un­ (2) balance-of-counties (exclusive of any der Round I of the program was dispropor­ to 6,000 fundable projects would greatly re­ primary cities); and duce the admin13trative burdens. tionately high !or the area. and already ex­ (3) counties with no primary cities. ceeded its total $6 b1llion planning target. Predictability: The uncertainties sur­ The planning targets for each of these (2) The State's funds may be exhausted rounding the amount of funds that might go areas will be determined by the 65/35 for­ by previous disproportionate funding before to entities and jurisdictions led to false ex­ mula of the amended legislation which con­ reaclling all eligible areas. In such cases, those pectations and disappointments in the first siders both the number of unemployed and eligible areas with the least distress would Round of LPW. These uncertainties pre­ the unemployment rate. not receive a planning target. vented local priority setting and made it Applicant Planning Targets: Planning tar­ B. Project Selection virtually impossible for applicants to assess gets also will be established for certain types Guided by the above described set-asides their positions. of applicants within a State, as follows: and planning targets, projects will be se­ No Problem-Free System: Given the large (1) State Governments will be given a lected as follows: number of unfunded applications remaining planning target which will be a percentage Meeting Planning Targets: Any applicant from Round I, the diversity of the govern­ of the total State allocation. The amount of which has insufficient projects pending to mental entities requesting funds and the un­ these planning targets wm be established meet its individual planning target can evenness of the unemployment situation based on the approximate proportion of State (1) submit new applications up to the across the country, it is not possible to design a~pucations to the total applications on file. amount of its planning target, or and imolement a "problem free" Round n Therefore, 8 percent of a State's total funds (2) endorse the projects of another ap­ program. Regardless of the system developed, will be reserved for the State government plicant and use all or part of its planning $6 bil11on will only fund approximately 25% use. target on such projects. of the applications originally submitted. (2) County Governments w111 be given Adherence to Planning Targets: In order to ensure that all areas and applicants have Need to Expedite: There is an overriding planning targets whfch wlli be a percentage of each county-wide planning target. This the opportunity to receive their planning need to expedite the funding of Round II in target, no projects will be funded which ex­ order to achieve its countercycllc<~l economic percentage will differ among States since the level of county government activities is dif­ ceed a. planning target. An applicant whose stimulus and employment creation potential. pending projects do not fit within its plan­ Therefore, the degree to which Round II can ferent in each State. For example, in a State where 10% is the county government par­ ning target has five options. It can be simplified and project selection expedited, ( 1) find other sources of funding the these goals will be better achieved. ticipation rate. this percentage of the county­ wide phinning target wm be for the county amount of the project which exceeds the IV. BASIC ELEMENTS OF PROCEDURE government's use. The county-wide planning planning target; There are four basic elements in the dis­ target wlll reflect the planning targets of all (2) reduce the scope of the project; tribution procedure which are designed to eligible areas within the county, i.e., primary (3) substitute a smaller project; further extend and implement the objectives city and balance-of-county. (4) use its funds to endorse the project of described above. These basic elements are: another applicant, or (3) Primary City Governments/School Dis­ (5) not spend its planning target. (In this At the out~et of the program establish tricts: The planning target of the primary case, the Assistant Secretary would admin­ planning targets for all eligible areas-urban city will be available for the projects of the areas, balance of co\}nties and counties with­ istratively reallocate the funds elsewhere in city government ·and any school district the area, if feasible.) out cities, and for different applicant types which can apr>lY !or LPW fundS-independ­ Endorsements of Other Applicants• Proj­ within these areas--state governments, ently !rom the city government for school ects: Any applicant can choose to use all or county governments and city/school d.ls­ projects to be located in the city. In such part of its planning target !or the project(s) trlcts. cases it will be up to the Mayor and the of another applicant, whether or not it has Allow new aoolications to the extent that School Board to jointly prioritize their proj­ projects of its own pending. In addition, sev­ there are insufficient apnlications already on ects in order to expend the city's planning eral applicants could jointly endorse and file to use up the planning targets of a State target. contribute to the same project. In this way government, county government or city; This policy recognizes that both city gov­ special purpose authority projects Will be township. ernments and school districts have respon­ funded as well as extra State, county or local Each applicant will prioritize its own proj­ sibilitit>s for vital city services. It also recog­ projects. Endorsed projects must be 1n eligi­ ects within the amount of funds available nizes that while these two entitles are sepa­ ble areas but do not count against the recip­ under its planning target. rate applicants 1n many cities, by working ients planning target. 15668 EXTENSIONS OF REMARKS May 19, 1977

Special Procedwes: laetrile, which, he said, has never been proved for further research. If neither x-ray, radium, ( 1) Indian set-aside-Each Indian reserva­ effective in treating cancer.) or surgery is the complete answer to this tion or tribal land would have planning tar­ CoRaE :::TION: Proved effective by whom? dreaded disease, and I submit that it is not, gets established based on the population of The problem with laetrile is that there is then what is the plain duty of society? the reservation. No minimum level planning el'idence that in a number of cases it has pro­ Should we stand still? Should we sit idly by target will apply to Indian Tribes. duced recovery from c.mcer de.:;pite the best and count the number of physicians, (2) Procedural error set-aside-All error effort of the A.M.A. to suppress its use. surgeons, and cancerologists who are not projects which either are from areas not The Spring 1971 issue of the Harva1d Politi­ only divided but who, because of fear or eligible under Round II or would not be cal Review published a devastating article favor, are forced to line up with the so-called reached under Round II would be funded out about the vested interests attacking laetrile. accepted view of the American Medical As­ of the $70 million error set-aside. Projects We quote: "Is laetrile really quackery? A sociation; or should this Committee make a from eligible areas would be funded out of large number of Americans say, 'No,' and full-scale investigation of the organized regular Round II funds, but only if the ap­ many distinguished citizens around the w.orld effort to hinder, suppress, ami restrict the plicants choose them as priority projects. If concur. ln Hanover, West Germany, Dr. Hans free flow of drugs which s.llegedly have selected, the projects would be counted Nieper has treated many Americans who ran proven successful in cases v.'here clinical against the appropriate planning targets. If from 'clinical centers.' He says, 'After twenty records, case history, patholngical reports, an error project exceeds an area's Round II years of such specialized work (such as the and x-ray photographic proof, together with planning target, the project need not be development of cobalt therapy) I have found the alleged cured patients, are stlll avail­ .. reduced. Instead the portion exceeding the the nontoxic nitrilosides-that is laetrile­ able? planning target will come out of the $70 far superior to any known cancer treatment "Accordingly, we should determine y.rhether mUllan set-aside. or prevent ltive. In my opinion it is the only existing agencies ... have pursued a policy (3) Pockets of poverty set-aside-Using a existing possib1lity for the ultimate control of harassment. ridicule, slander, and 11belous sliding scale, a certain percentage of each of cancer.'" attacks on others sincerely engaged in stamp­ applicable State's funds will be reserved for The article contains similar statements ing out this curse of mankind. Have medical pockets of poverty. Projects eligible to com­ from Dr. N. R. Bouzaine of Montreal, Canada; association, through their officers, agents, pete for this set-aside would be those which Dr. Manuel Navarro of Santo Tomas, Philip­ are in cities which otherwise would be in­ servants, and employees, engaged in this pines; Dr. Ernesto Contrens of Tijuana, practice? My investigation to date should eligible for Round II. New and revised appli­ Mexico; and Dr. Shigeaki Sakai of Tokyo, cations will be considered for any pocket of convince this Committee that a conspiracy Japan. Which comes as no surprise, really, does exist to stop the free flow and use or poverty with an unemployment rate of at since laetrile is being used legally by medical least 8.5 % . Projects would be selected for a drugs in interstate commerce which al­ practitioners in more than 20 countries as legedly have solid therapeutic value." State's pocket of poverty set-aside through a part of their cancer thenpy. ranking system based on each pocket's un­ The real tragedy here is the continuing employment data. Dr. Albert Schatz is a world renowned bio­ conspiracy to deny even "terminal" cancer chemist, best known perhaps for his discovery victims access to a therapeutic agent used VI. PLANNED TIMETABLE FOR ROUND II of the antibi:)tic streptomycin. An article by medical doctors in more than 20 countries Legislation Signed, May 13. by him appears in Volume 10, Number 6, of around the world. Announcement of State Allocations, May Cancer News Journal, where he makes this 16. very interesting comment on medical poli· Oversight Hearings, May 17-19. tics: FARM BUREAU OPPOSES AGENCY Publication of Regulations, May 27. "Ever since U.S. dentistry 'created' fluorida­ FOR CONSUMER PROTECTION Announceemnt of Sub-State Planning Tar- tion, it has been forced to defend it in the gets, June 3. flee of increasing world-wide oppo"itlon from Distribution of Resubmission and Appli­ many responsible dentists, physicians, physi­ cation Forms, June 3-10. ologists, biochemists and others. As a result, HON. JOHN M. ASHBROOK Acceptancee of Resubmitted and New Proj­ the reputation of U.S. dentistry has become OF OHIO ects, June 10-July 8. irrevocably bound to the fate of fluoridation. IN THE HOUSE OF REPRESENTATIVES Processing, Approval, and Ma111ng of Grant The stage has now been reached where the Wednesday, May 18, 1977 Offers, June 15-August 15. rejection of fluoridation wlll irreparably dis­ Construction Starts on Approved Projects, credit the American Dent 1 Association, the Mr. ASHBROOK. Mr. Speaker, Ire­ July 1-November 15. National Institute of Dental Research in the cently had the privilege of speaking be­ U.S. Public Health Service, and many other fore the Labor Study Committee of the agencies which have stubbornly supported fluoridation. American Farm Bureau Federation. The "We see a somewhat analagous situation members of this committee are either CORRECTION, PLEASE, ON with the non-toxic nutritional therapy of presidents or chief administrative offi­ LAETRILE cancer. The FDA, the American Cancer So­ cers of various State Farm Bureaus ciety, the American Medical Association, the from all sections of the country. National Cancer Institute, and other mem­ The Labor Study Committee is taking HON. LARRY McDONALD bers of the U.S 'cancer cartel' have staked an indepth look at the political and eco­ OF GEORGIA their reputation on their oft-repeated claims nomic influence of organized labor. It is IN THE HOUSE OF REPRESENTATIVES that the non-toxic, nutritional therapy of cancer is ineffective; and is, for all practical interested in the overall influence of un­ Wednesday, May 18, 1977 purposes, quackery. But more and more peo­ ion power, how it affects the policies of the political parties, how it influences Mr. McDONALD. Mr. Speaker, it is ple. who were diagnosed as terminal cancer patients, have discovered that what the U.S. the passage or defeat of legislation in apparent to me now that several States 'cancer-cartel' calls quackery has saved their the Congress and its broad effect on our have legalized the use of laetrile ant1 lives. entire society. These are important ques­ the matter is pending in many States "The time therefore will surely come when tions and I was pleased that I was asked legislatures that the FDA and others the efficacy of non-toxic, nutritional therapy to share my thoughts with the members representing the orthodox approach to wlll be officially acknowledged here in the of this co:nmittee. cancer treatment are becoming a little U.S., as it already has been in many other I was also pleased to learn that the bit hysterical in their efforts to pre­ countries. When this happens, the members Farm Bureau remains strongly opposed vent laetrile being judged in an ob­ of the U.S. 'cancer cartel,' who have been opposing non-toxic nutritional therapy, to the creation of an Agency for Consu­ jective manner. Symptomatic of this will ... be recognized as the real quacks." mer Protection. It believes there is no was a recent item in the Review of the That is strong talk, but it is hardly new need or justification for creation of such News for May 18, 1977, which reports to the cancer controversy. Twenty-four years an agency. a statement made to the Boston Globe ago Benedict Fitzgerald, a Justice Depart­ I strongly agree with the Farm Bureau by the AMA relative to the drive to ment at torney, conducted a study for t h e on this issue. At this point in the RECORD legalize laetrile in the State of Massa­ Senate Interst ate and Foreign Commerce Committee of the possible suppression of use­ I would like to include a portion of the chusetts and comments on that state­ testimony of the Farm Bureau in oppo­ ment. The item follows: ful anti-cancer agents. A portion of Fitz­ gerald's eight-page Report, dat ed August 11, sition to an Agency for Consumer Pro­ (From the Boston Globe, May 5, 1977] 1953, appears in the previously mentioned tection: CORRECTION, PLEASE ! issue of the Harvard Political Review. Con­ FARM BUREAU OPPOSES AGENCY FOR CONSUMI:R (Dr. James H. Sammons of Chicago, execu­ sider: PROTECTION tive vice president of the American Medical "If radium, x-ray or surgery or either In the past our organization has opposed Association, said it would be tragic if Mas­ fsic) of them is the complete answer, then the creation of a so-called Consumer Protec­ sachusetts, famed throughout the nation for the greatest hoax is being perpetrated upon tion Agency on the basis that it is wrong 1n its leadership in medicine, should legalize the people by the C<{ntinued appeal for funds concept and wrong in principle. We will not May 19, 1977 EXTENSIONS OF REMARKS 15669 take time today to elaborate upon these two by contract or otherwise a reliable supplier, Chicago and throughout the United points, but we reaJilrm them. It has led, 1n fact, to Japan's undertaking to States. He has breathed life into the We need not now repeat the arguments become self-sufficient by financing and creat­ spirit of enthusiasm that surrounds Po­ well made 1n the past that the "consumer" Ing soybean contractors, and financing their lish music by publishing Polish folk and is not 1n truth and !act an identifiable group. production in Latin America. And this was This is a ftaw in the concept of a government a customer to whom the United States sup­ :Polka songs, many of which have passed agency to represent consumers. Those who plies more than 90 percent of their require­ from generation to generation but have have not grasped thls essential !act wtll not ments. never been published. and he has encour­ be convinced 1n the few minutes we shall This blll is in truth nothing but the prod­ aged young polka artists, giving them take here today. uct of a. small, but relentless, group who see assistance and introducing them to re­ The proposed ACP Act 1s a design !or gov­ in a CPA a mechanism to lend force to the cording companies. ernment agency chaos. It creates a mislabeled advocacy of their viewpoints. There is 1n cloak of alleged "consumer Interest," and His father, Wladysl:lw Sajewski, was truth little bread public support for this the first to begin collecting the Polish vests the total decision 1n such matters 1n kind of a blll. the hands of an administrator who 1s to What is clearly perceived, by those com­ folk songs and publishing them. He decide where and when he Will appear 1n mitted to the "consumerist" idea and by founded the Sajewski Music Store and other agency proceedings and 1n court. The those who oppose the b111, is that such an Sajewski Music and Publishing Co. in Admlnlstration 1s empowered to undertake agency, once in being. can be used to wield Chicago in 1897. Today Alvin Sajewski to represent whatever interest he may call a enormous infiuence. It will be made powerfUl .carries on as the esteemed proprietor and "consumer interest." These are enormous in all sorts of markets, industries, bu!'ine.sses, as America's foremost Polish music en­ powers. They are circumscribed only slightly and professions through the attention the by a certain obeisance to Administrative Law thusiast. This year he celebrates the 80th media will give it. 'lhis coUld result 1n such anniversary of the store and publishing regarding petitions for rehearing, etc. None things as !crcing the Secretary of Agriculture of these would limit 1n any true sense the to open up CCC stocks to bring down market company. awesome legal and practical power of the prices. Alvin Sajewski's friends and business Admln1strator. It is not difficult to imagine the effects associates will hold a testimonial dinner This b111 proposes agency vs. agency con­ upon the future market were the ACP Ad­ in his honor at "Przybyla's House of the frontations With final resolution of cWrer­ ministrator to call a press conference merely White Eagle" in Niles, ill. on Wednesday ences to be made in the Federal Courts, 1t to announce that he was growing concerned evening, May 18. Joeseph "Pat" Pate~k need be. about the situaticn and that he felt quite NecessarUy, we look with keenest Interest and his International Polka Stars will certain that the Administration would be perform at the dinner. Many of the Po­ upon the impact such legislation woUld have doing something very soon. on the agency with which agriculture has Mr. Chairman, we can see in this proposal lish folk and polka musicians that Alvin the most dealings, the U.S.D.A. This Depart­ a really monstrous instrument for jawboning, Sajewski has assisted will also be pres­ ment has long administered the programs. 1nstltutionallzed in the government and ent including his sister, Jania Sajewski regUlations, practices, and government cor­ available to self-appointed representatives of Terley, who is an excellent vocalist. The porations that affect American agricUlture. the public, representatives who need not rep­ invocation will be presented by Father It is here that we meet the exemptions of resent a substantial body of option but need Edward Przybski the U.S.D.A. from the provisions of the b111, only an agreement from one man, the ACP Alderman George Kwak will present H.R. 6118, 1n Section 18 thereof. Adm1n1c;trator. Then it can proceed into the As we have said before: "We did not ask a citation from the city of Chicago, and fray with the media observing and reporting, Senator LeRoy L-emke will present a cita­ for or participate 1n the drafting of that as it ~hould. The public and political impact exemption nor do we support it. Exemptions would be enormous. ""n fact. a wlllful ACP tion from the State of lllinois. Miss Greta granted by one Congress can easily be With­ can be this process bring other agencies Into Swenson will speak on folklore. Father drawn by another." great di::repute, U not outright ruin. M. Madaj, executive secretary of the Po­ From all that has been said 1n the past, Let us apply all that we have just said to lish American Historical Association, will and all that we can perceive 1n today•s eco­ a current situation, and see how this might speak on the subject of "Ethnic Music nomic circumstances, prices would llk:ely be work. In America." Father Madaj has a doc­ the first target of any ACP created by the Last year the U.S. exported $22 billion Congress. Let us take just a moment to look torate of philosophy in history and is worth of agricultural products. We have to the archivist of the archdiocese. Sitting at the nature of agricultural prices which believe that Mr. Blumenthal at Treasury remain outside the realm of the exemption looks upon this figure as cne c! the strong at the head table will be Seymour 1n Section 18 of this b111. timbers in his balance of payments structure. Schwartz, representative of musical in­ The American farmer produces only when AgricUltural exports generate much of the strument manufacturers; Anthony Gal­ and what he perceives w111 return h1m his exchange used to pay for our enormous oU gano, of Galgano Record Distributing costs and a profit. Overhang his markets with imports. Co.: Salvatore Candilora, from the artiftcial imponderables affecting prices and 'Ihus the question arises. Who is the con­ S.E.S.A.C. Corp.-distributor of ethnic his problems are compounded. The abutty sumer? Is it those who clamor for lower and judgement of those to whom he sells to music· Phillip Holdman, representative prices (though it is only the farmer's price of Recording; Darl Siegel, the move their products, the semi-processed or which would be reduced U exports are Lo~don processed products of the farmers, are the curbed). Or is it the oil-consuming publlc vice president of M.G.M. Realty Co., measure of the farmer's market. From these which lives, works, and exists by an oil­ Jack Rogin. of Admiral Construc­ 1nftuences there is no possible exemption. So fueled economy. tion Co· Edward Bistain, vice president long as there remains a vestige of a free To repeat, then who is the consumer in­ of Man~facturers Bank, and his assist­ market, prices will be established by supply ants, Gavin Kennedy, Casimir Weglarz, an:t demand and known economic forces. But deed-the one who seeks lower cost food­ U art1ficia11ties are created by an approach all of us-<>r the one who Uves by lmpcrted and Fred Skowronski. Serving as master to market intervention such as is foreseeable petroleum!!-also all of U.S. and. Mr. Chair­ of ceremonies will be Chet Gulinski and in ACP, then the producer's price risk is tied man, all the impact upon ours, and all the the closing benediction will be given by identically to the risk of the processor, other markets, in our economy, affected by Father Walter Szczypula. wholesaler, and retailer and arbitrary gov­ the Government or not, are just this vulner­ Last January Alvin Sajewski was able to an ACP. ernment interference can warp the market. honored here in Washington, D.C. He During the last hearing on the ACP Pro­ To reiterate, it is perhaps less what is In was a guest panelist at the Library of posal the supporters of this b111 sa'd, 1n the blll than the mechani!:m it creates with effect, that, given the job of the Adminis­ a great potential power which can be wielded Congress Conference on Ethnic Record­ trator, the first thing they woUld undertake far outside the structure, the Intent, or the ings in America: .. A Neglected Heritage." to do woUld be to shut off the exports of design of the bill that causes such grave He amazed the audiences and other grains. This we know as an "embargo." In concern. panelists with his precise knowledge and the agricultural areas "embargo" has be­ his enthusiasm over past performances come a "trigger word." Parenthetically it is of the Polish record industry. a trigger word 1n other quarters. The local KEEPING A POLISH HERITAGE He has often worked closely with the morning oaper found 1n the announcement ALIVE of these bills in the House and Senate powers recording industry giving various com­ tor the ACP Director to "lobby for or against panies advice on Polish folk and polka grain sales." HON. JOHN G. FARY music. He has promoted young tal~n~ by In agricUlture we have had three experi­ introducing them to such prest1g1o~s OF ILLINOIS ences with embargoec; In the last several companies as RCA Victor. Columbia, years. One was the Nixon Embare-o of soy­ IN THE HOUSE OF REPRESENTATIVES Capitol. Decca, Dana, Harmonia, Rondo beans to Japc~.n. The so-called "shock" of Wednesday, May 18, 1977 and others. this to our Japanese customers was wholly destructive. It has made the Japanese and Mr. FARY. Mr. Speaker, Mr. Alvin C. Through the efforts of Alvin Sajewski others, less certain that the United States is Sajewski is keeping a heritage alive in Polish folk and polka music is becom- 15670 EXTENSIONS OF REMARKS May 19, 1977 ing increasingly popular. He works hard Younger has been one of the most in­ mended for his emphasis on conservation, to supply his updated music publications spirational leaders that I have ever met. his pricing actions especially on oil por­ to all instrumentalists, vocalists, orches­ I have known him since I was 12 years tend grave questions for our economy tras and schools. He has personally do­ old and he assisted me immensely in my and for poor and low-income Americans. na ted over 400 copies of rare 78 RPM re­ 4-H career. As have thousands of South Many people have raised serious ques­ cordings to the Library of Congress. His Dakota 4-H'ers, I came to know and re­ tions as to whether the President's pric­ contributions helped to lay the founda­ spect John Younger at State fairs and on ing policies will not cause severe job dis­ tion on which to build an authentic various trips to National 4-H Clubs to location as well as significant inflation chronological library of recorded Polish Congress and to Washington, D.C. but, for consumer goods and food. folk and polka music. more importantly, to know him as a Whether a $15 per capita rebate during Alvin Sajewski was born in Chicago on warm human being. John Younger has the first year of the oil equalization tax March 1, 1905. He became involved in his an especially good sense of humor and will come close to addressing the infla­ father's Polish music store when he was an especially great sense for young peo­ tionary impact for poor and low-income 8, in his words, "When I was old enough ple's problems and hopes. I gained a great people is seriously in doubt. To claim, as to reach the counter." He attended Holy deal from my years in 4-H in personal the President does, in his explanation of Trinity Elementary School, and then development-and I owe a great debt of his energy proposals "the National En­ H.T. High School. He concluded his gratitude to John Younger. ergy Plan" that "Protection for low­ formal education at Columbia Business But on a broader, statewide basis, John income people from the long-term in­ College. He managed the music store Younger has also made immense contri­ crease in energy prices lies in a reformed through the years of the depression when butions. He was instrumental in starting welfare system, on which the adminis­ business was scarce. He married Gene­ the 4-H Foundation and during his ad­ tration is hard at work" is ludicrous in vieve Galla in 1934. They have a son, ministration the Livestock Industry 4-H view of the Presidents' oft repeated com­ Spencer Sajewski, and a daughter San­ Trust Fund was established for South ment that fiscal relief will not come until dra, who is married to Norbert Zych. His Dakota 4-H programs and activities. He 1981. family is still growing with a grandson, also supervised the building program at Vernon E. Jordan, Jr., in a May 13, Mark, and a granddaughter Melissa and the two State 4-H camps.. 1977, article published in the New York another grandchild on its way. In 1938 he married Beryl Colburn and Voice, entitled "Energy Program May His music business is also growing. A in 1940 moved to Brookings, S. Dak., Hurt the Poor" succinctly airs the fears large number of people are becoming where .he attended South Dakota State of many that as so often has occurred in interested in their heritage and are call­ College and received his B.S. degree in the past when sacrifices are asked to be ing on Alvin Sajewski for the traditional Agricultural Education. Both he and his made it means that sacrifices are to be Polish music. College students from var­ wife taught in South Dakota's public made by the poor. Increased prices with­ ious universities are discovering their schools for a number of years. Their two out an adequate rebate for poor and low­ Polish heritage and in searching through children, Kent and Sharilyn Younger income people will mean less consump­ traditional music have found the snappy Amiot, are also teachers. tion for thof.e people because they have tempo of polka music refreshing. In 1961 John was selected for "Who's little elasticity in their budgets by which Without Alvin Sajewski much of this Who" in South Dakota. The YMW___;. to absorb increased prices. The text of Polish folk and polka music would be Young Men and Women-Alumni group Mr. Jordan's article follows: lost along with a strong heritage-the erected a Bell Tower in recognition of his [From the New York Voice, May 13, 1977] kind of heritage that led to men of in­ leadership at one of the 4-H camps in ENERGY PRoGRAM MAY HURT Pooa sight like Aylvin Sajewski. South Dakota. He was also elected to (By Vernon E. Jordan, Jr.) honorary membership by the Interna­ President Carter's energy program repre­ tional Club at South Dakota State Uni­ sents the first serious attempt to deal with a versity for his services to that club. situation long labeled a crisis, yet la.rgely SALUTE TO JOHN YOUNGER Mr. Speaker, I salute a great public ignored by previous leaders. By making AND 4-H citizen and a dear personal friend; a man energy a major national issue and by nutting forth a set of hard-nosed proposals to deal who has worked selflessly and with great with energy needs, the President performs ability for so many years. I am happy an important service and demonstrates lead­ HON. LARRY PRESSLER to bring the services and leadership of ership. OF SOUTH DAKOTA this remarkable man to the attention of The energy plan is a long, complicated IN THE HOUSE OF REPRESENTATIVES my colleagues. I am sure his wife, Beryl, proposal with something for just about every­ and his children, Kent and Sharilyn, are one, with the exception of one major group. Wednesday, May 18, 1977 as proud of him as those of us who have That's right, once again the interests of the witnessed his many accomplishments. poor people have been largely ignored. Mr. PRESSLER. Mr. Speaker, one of The poor haven't been com""lletely ne­ the great men of South Dakota is retir­ glected. There's a section of the Administra­ ing. As a 4-H member a few years ago, I tion's explanation of the effects of its oro­ was inspired by John F. Younger's lead­ posal that deaLs with low-income fam1Ues. ership of our State 4-H clubs. I might say SACRIFICES BY WHOM But in contrast to the detailed nature of the humorously that I was also scolded, rest of the plan, that section is vague and sometimes teased, sometimes cajoled, but HON. CHARLES B. RANGEL sketchy, perhaps because the net result of always treated fairly and encouraged by the energy proposals may be to make the OF NEW YORK poor poorer. the patience, dedication and goodness of IN THE HOUSE OF REPRESENTATIVES Despite rosy Administration predictions John Younger-and of his ·wife Beryl. of minimal inflation and some job-creation, Thousands of young people in South Wednesday, May 18, 1977 most independent economists estimate that Dakota have reaped rewards from being Mr. RANGEL. Mr. Speaker, conven­ the impact of the plan wUl be to add to the a member of a 4-H Club. Oftentimes the tional wisdom in America is beginning to inflation rate and slow the growth rate. club leaders and the county extension come around to the reality that an en­ There is no question about the need to make sacrifices and reduce reliance "on high­ agents who work closely with these young ergy crisis exists. The crisis however is priced, scarce energy resources. But the real people are the ones best known to them. not over energy resources, but rather over question is: who will make the sacrifices? One such person-a great American and our addiction to the use of petroleum. Re­ The proposed package of taxes and price hikes a dear friend of mine-is John Younger, peatedly, the point has been made that may mean that the sacrifices will be soueezed the State 4-H Club leader of South Da­ America has vast coal reserves and we out of the poor. That's the group that always kota, who is retiring on June 30, 1977. could greatly expand our supply of energy 1s asked to· make sacrifices for the national After more than 32 years with the 4-H if we were to develop such potentially good. If inflation is high, unemployment ls environmentally sound energy sources as artlficlally induced to dampen it. If govern­ deoartment--24 of those years a.s State ment spending is too high, welfare and med­ 4-H leader--John Younger has left a leg­ solar, geothermal, ocean thermal gradi­ ical aid is cut. acy that South Dakota can be proud of. ent, and wind. So when I hear about the need for sacri­ On a personal note, let me say that John While the President should be com- fices I immediately begin to get suspicious May 19, 1977 EXTENSIONS OF REMARKS 15671 about just who will be the sacrlflclal lamb. leaders of our county as wen as a record­ established the original Babe Ruth base­ And as I read the prospects, it looks like the breaking athlete. At this time I would ball League for Yonkers. poor wW get it in the neck this time, too. like to share the highlights of their Price allocation of gasoline and energy is careers with my colleagues: ABNOLD UHJU.ASS an inherently inequitable means of distrib­ Arnold Uhrlass was born in Yonkers Oc­ uting scarce resources. After all, the more JAMES J. McPoLAND tober 19, 1931 where be attended School 17, aftluent families that currently use--and James J. McPoland was born in Catsk111, Longfellow Jr. High School and Saunders waste--disproportionate amounts of energy New York on March 22, 1915. His athletic Trades and Technical High School. His father resources won't change their habits dras­ career began at P.S. 189 in New York City and uncles were speed skaters and intro­ tically, but the poor wm be priced com­ where be won the 60 yard dash in the Public duced him to the sport at Redmond Field pletely out of the market !or essentials. S~bool Athletic League Cha.mplonships. At (Cook Field). At the age of 10 be competed As it now stands, there's nothing in the George Washington High School be won more in the New York Dally News SUver Skates Administration's plan to protect poor people varsity sports letters than any student in at Madison Square Garden; in 1947 be won who must use their cars to get to work. the history of the school-In track, football, the Junior title and in 1949 brought home The energy plan makes no provision for baseball, swlmming, handba.ll, soccer and the intermediate Championship. At the age protecting renters against fuel-price based golf. o! 16, wbUe at Saunders, be turned to run­ rent bikes. It doesn't even include provision In 1934 be captained the football team and ning and when the Yonker Knights of Co­ !or a fuel stamp program !or low-income was selected as the quarterback on the New lumbus Roard Race. In 1949 be was un­ fam111es. York Clty All Scholastic Football Team. He defeated in cross country and in the one WbUe lt does include plans to expand the also captalned the track team and was lead­ mile competitlon. He also played on the subsidy aid for weatbertza.tion of the homes off runner on the half mile and mile relay school basketball team which won the city of low-income famUies, regulations pres­ teams. The mile relay team won the Class A championship in 1949. sently in e1!ect are so restrictive that many and B Championships of America at the Penn Relays two years in successlon-1934 His prowess in long dist ance running won't be helped. attracted the attention of the Grand Street and 1935. The same te6m also set an indoor Also, t h e energy package is really a pack­ Boys Club in New York City and racing under age--a set of separate proposals, each of scholastic world record that remained for 35 years. A book written about George Wash­ their colors he won the Pougbkeeosie 10 mile which needs some executive action or legis­ road race, prepping !or it on the bllls of lation to bring to ll!e. That means special ington High School devotes an entire chapter to "Jim McPoland-The Perfect All Round Yonkers. He also represented the Grand interests can carve up the pieces of the pro­ Street organization on the lee and won the gram in such a way that they're not burt by Athlete." Upon graduatlon, he received 18 college scholarship offers, several for football. Senior Crown of the New York Dally News it. Once the dust settles from the political Jim McPoland entered Georgetown Univer­ Silver Skates in 1954, lapping the entire field. dea.llng, I doubt that the sacrifices demanded sity where he competed as a freshman in He repeated ln 1955, 1957, and 1960, a record wW be shared eqUAlly. many invitation races at Madison Square never equalled. In that vague section on assistance to low­ Garden and was anchorman on the unde­ From 1955 to 1966 be was recognized as the income people, the plan suggests that long­ feated mile relay team which won the ch.a.m­ premier lee skater in the East, wlnnlng run proteCtion from increased energy costs plonship o! the United States at the Penn dozens of championships. He won the pres­ wW walt untll reform of the welfare system. Relays. As a sophomore he anchored the un­ tigious Donaghue Three Mile Memorial Race That's a slim reed on which to hang hopes. defeated varsity mlle relay team to AAU and an unparalleled five times and in 1960 was a In e1fect, it says we're going to raise your cost intercollegiate Championships, setting rec­ member of the U.S. Olympic Team, skating of living right now, but don't worry, some­ ords en route. the 5,000 and 10,000 meter race in Lake day there may be welfare reform and that He transferred to New York University to Placid. In 1951 be won the North American might help. And of course, that doesn't begin pursue a teaching degree, and here be won Championships in Squaw Valley, California to deal with the terrible problems !acing the championship in swimming and the 155 and in 1963 represented the United States in people who earn too much to get welfare pound titles in wrestling and boxing in in­ Japan in the World Speed Skating Cham­ assistance but not enough to live decently. tramural competition. In 1939 he became the ploll8hlps. He qualifled for the 1964 U.S. Last week the Labor Department released lea.d-o1f man on the famous one mUe relay Olympic Speed Skating Team but financlal figures that an urban family of !our needs team that was undefeated for two years, win­ responsibillties negated his opportunity to over $10,000 just to survive on what it calls ning the AAU National and Intercollegiate represent his country. "an austere budget"-basic living costs and Championships, both indoors and outdoors. To build up his speed skating he started no !rllls. It takes over $16,000 to maintain a In 1940 be was elected captain of the NYU cycling and from 1955 through 1966 he was "moderate" living standard. What happens track team that won the Intercollegiate recognized as one of the leading cyclists on to people earnlng less than those figures once Championship and was lead-o1f man on both the Eastern seaboard. In 1957 he won the gas, rent, food and other energy-based prices the half mile and mile relay teams that were 50 mile National Championship at Sommer­ increase? undefeated and set world indoor records in ville, New Jersey; set a record for tbe 100 The generous rebate system promised to both events. He was also lead-o1f man on the mUe Eastern States race; copped the New blunt the e1fects of tax and price hikes may 1600 meter relay team tlu.t set a world's in­ York State Cycling Championships several not help much. Congress may dUute the re­ door record and in 1940 was chosen the "Ou~ times, and placed fourth in tre International bates, but even l! they're raised, they're a stand •ng All Round Athlete" at New York Tour Du St. Laurent in Canada. In 1964 he once-a-year lump sum that doesn't help cope University. participated as a member of tre U.S. four w1 th dally price rises. McPoland also represented the New York man pursuit cycling team in the Olympic We've got to stop being a nation of energy Athletic Club for nine years and as an in­ Games in Tokyo, Ja.p:m. He was named junkies; other countries maintain a com­ dividual competitor won several Junior an~ "Yonkers Sports Personality of the Year," an parable standard of living on half the energy. Senior Metropol'tan AAU Championships in honor bestowed on him by local sportsmen. But any sacrifices will have to be evenly the 100, 220 and 440 yard events. In 1935 be In 1968, whUe competing in an lee skating spread, major assistance to poor families will anchored the Club's 1000 meter "Swedish" event, be fell and su1fered a severe fracture have to be bullt into the energy program, Relay (100, 200, 300 and 400 meters) to a of leg and knee. For six months he was in a and the plan must not worsen our economic new world's indoor record. a record that cast and after its removal was unable to bend and urban problems. stood for 40 years. He also won the 300 his knee. He was determined to renew bls yard dash in an International Invitational athletic career and at the age of 39 began Meet held at Randall's Island against the cycling and skating again. Although he was fastest runners in the world. During his able to compete once agJ.in, he bas devoted "YONKERS SPORTS HALL OF FAME, illustrious career, be won more than 500 most of his time and energies to the instruc­ medals, trophies and awards. tion of youngsters. He enlisted as a private in the Marine HON. RICHARD L. OTTINGER Corp.s during world War n, where be earned OF NEW YORX the co•eted Navy Cross for extraordinary IN THE HOUSE OF REPRESENTATIVES heroism in action against the enemy forces PRODUCTIVITY AS A KEY TO on Iwo Jlma, a battle in which he was PROSPERITY Wednesdav, May 18, 1977 wounded three tlmes and for which he re­ Mr. OTI'INGER. Mr. Speaker, re­ ceived three Purple Hearts. He was honorably cently, I had the pleasure of attending discharged from the Marine Corps as a MaJor. HON. JOHN J. LaFALCE rn 1945, Jlm McPoland established his OF NEW YORK ceremonies for the induction of West­ home in Yonkers and immediately became chester County legicslators James J. Me­ 1nvo1Yed with the youth o! his communitv. IN THE HOUSE OF REPRESENTATIVES Poland and Arnold Uhrlass into the He coached and directed youngsters in many Wednesday, May 18, 1977 Yonkers Sports Hall of Fame. I know athletic pursuits. He was one of the first Di­ that Westchester residents are proud of rectors o! the Yonkers Little League and the Mr. LAFALCE. Mr. Speaker, in our these men. Jim McPoland has been one first president o! the East Yonkers Little continuing fight against inflation, one of the outstanding poll tical and work League. He obtained the first charter for and resource which is often overlooked is the 15672 EXTENSIONS OF REMARKS May 19, 1977 productivity of the American worker. In have had the wisdom throughout most of our temporary nature has been an increase in the the past it has been that productivity history to foster an environment in which proportion of relatively inexperienced work­ the latent energies of our people had gen­ ers in our labor force. This reflects several which has enabled us to enjoy the high erous scope for realization. Ours has been a influences: first, a greatly enlarged stream standard of living to which we have be­ Eociety in which men and women, no mat­ of young people entering labor markets in come accustomed. ter what the circumstances of their birth, the late 1960's and early 1970's as a delayed Recently, though, productivity in the have known that there were ultimately no consequence of the very high fertil1ty rates United States has slowed, creating an in­ boundaries to what might be achieved with that followed World War II; second, the in­ creasing demand on limited resources. etrort and ingenuity. That faith-and the creasing tendency for adult women-many The reduced gains in productivity make spirit of independence and drive it has fos­ lacking rece"nt work experience--to seek em­ tered-has been the essential dynamic force ployment; and third, the preva111ng trend the impact of the inflation spiral felt toward early retirement. As the younger even more strongly by the average in the economic life of our Nation. In the language economists are prone to workers and adult women gain in job ex­ American. It reduces the ability of our use in describing material gains, what we perience, however, the depressant etrect on producers to compete in the world mar­ have had in America is an astonishing rec­ productivity growth of the shift tn the age ket. ord of productivity achievement. Our envi· and sex composition of the labor force will The National Center for Productivity ronment of enterprise and the rewards it no longer be operative. Indeed, a reversal and the Quality of Working Life has been has otrered have prodded us to great etrort. may already be in progress. trying to combat the downward trend of Historically, we have been an industrious A more complicated issue to assess-but and an inventive people. We have striven one that likewise involves the potential for productivity, and bring greater stability a favorable turn--concerns the way in which to the labor-management field through for self-improvement and the betterment of our fam111es; and we have been wllling, both our Nation's capital stock grows in relation exchange of information and experience individually and collectively, to sacrifice and to the labor force. In recent years, the ex­ among companies and communities. I scrimp when investment opportunities beck­ ceptionally rapid rate of labor-force growth have introduced legislation during this oned. We have, moreover, been imaginative has not been matched by a corresponding ac­ Congress, H.R. 5283, a bill to increase the and persistent in devising better ways of do­ celeration in capital formation. In fact, even productivity and quality of working life ing things and in applying new technologies apart from the slump in capital investment of small enterprises and local govern­ in the organization of our productive acti­ durtng the r~ent recession and the dis­ vities. appointing recovery in capital spending since ments throughout the Nation, to more then, the growth of this country's stock of fully utilize the expertise .and resources The consequences of all this in terms of the emciency of performance of the individ­ capital has tended to be slower for some of the national center. We dare not waste ual American worker have been striking. It time than in the earlier postwar period. This the excellent resource which we have in is, indeed, our impressive historical record of combination of circumstances-rapid labor the center by ignoring its successes and upward climb in output per hour worked force increase and a slowing in the pace of future possibilities for achievement. that is the foundation of our economic capital formation-has meant that progress I was very pleased, therefore, to receive strength. To be sure, the aggregate income in equipping our workforce with increasing a copy of the commencement address de­ and wealth of our Nation have grown with amounts of capital equipment has proceeded livered by Aruthr F. Burns, Chairman of the passage of time partly because our work­ much less rapidly than in the 1950's and force has grown in size. But that has been the 1960's. That unquestionably has been the Board of Governors of the Federal detrimental to the maintenance of produc­ Reserve System, to the graduating class far less important as a source of output gain than some of you may realize. Overwhelm· tivity gains at their historical pace. Demo­ of the University of South Carolina. The ingly, what has been critical-to the extent graphic influences, however, are gradually be­ remarks he made were particularly per­ of accounting for about two-thirds of the coming somewhat less awesome. Within the tinent to our current economic situation, rise in national output over the span of our next few years, the growth rate of the labor and I was especially gratifled to read that history-has been the advance in labor pro­ force is likely to decline appreciably, re­ he passed the challenge of increasing ductivity, the simple fact that an hour of flecting the lower fert111ty rates that fol· productivity on to the young people, for labor progressively has yielded more and lowed the earlier postwar bulge. In that sit­ more output. uation, the challenge of achieving an ac­ certainly much of the productivity which celerated pace of capital formation relative we experienced as a nation in the past I focus on this today because I think it is important for you to have an awareness that to labor supply will become less formidable-­ resulted from the creativity of youth. our country's productivity growth has ex­ provided, of course, that we are successful in The text of the address follows: hibited a slowing in recent years, both abso­ maintaining a climate of enterprise that is THE SIGNIFICANCE OJ' Oua PRODUCTIVITY LAG lutely and relative to that of other countries. conducive to capital spending by business firms. It is a pleasure for me to join this Com­ You should recognize this as a matter of great concern to you personally and to the Despite these two potentially favorable in­ mencement assemblage in paying tribute to fiuences-that is, the trend emerging toward the graduating claEs of the University of future of the Nation. Indeed, largely becau~e of the slowing of the underlying rate of pro­ restoration of a more experienced work force South Carolina. and the definite possibil1ty that faster growth Those of you graduating today are part of ductivity growth-to a pace a third less rapid may resume in the capital stock per worker­ a great tradition. '!he first graduate went in the last ten years than in the 1950's and complacency about future productivity de­ forth from Carolina's classrooms when Tho­ early 1960's-we can no longer boast of hav­ velopments is by no means warranted. mas Jetrerson was Pre~ident of the United ing the highest per capita standard of living in the world. I say this because the productivity slump States. And many of the students who have which we have been experiencing is only followed Eince then-some of whose names Fa.r more is at stake, of course, than the partially explained in terms of the changing commemorate the buildings in which you issue of international prestige. As a Nation, experience in our labor force and the amount have lived and studied-have made notable we can consume no more than we produce, of capital our workers have been equipped contributions both to this region and to the so that unless productivity growth reaccel­ with. Careful study of those two factors st111 country at large. I trust that in the years erates, our citizens inevitably wlll enjoy less leaves a substantial part of the recent pro­ ahead-in whatever careers you pursue--you rapid gains in living standards ln the future ductivity slowing unexplained. Other adverse wm never cease to draw inspiration from the than has been customary historically. It re­ influences apparently have been at work as achievements of those in whose footsteps you quires little imagination to foresee that wen. follow. troublesome tensions could arise from that My own Judgment is that we have been In considering what I might apuroTJriately situation as competing groups in our society undergoing a change in our societal valnes Sl.Y to you today, I found my thoughts turn­ endeavor to secure a larger share for them­ and attitudes that has contributed signlft­ ing repeatedly to the remarkable transforma­ selves of production gains that are disap­ cantly to poorer job performance in recent tion that our Nation's economy has under­ pointing ln the aggregate. Also of great sig­ years. I advance that as a hypothesis only, gone since the time this institution was nificance is the fact that without a reac­ not as an established fact. It is a hypothesis, founded. The broad outlines of that trans­ celeration of productivity growth we shall however, for which there 1s regrettably a formation-from simple agrarianism to the find ourselves increasingly cramped in our considerable body of supportive evidence. complexities of our modern industrial state-­ public life in channelling resources to the Testimony to a lessened sense of indus­ are wel: known to all. So, too, is the re­ solution of domestic and international prob­ triousness on the part of our workforce is markable record of material gain that has lems. certainly present, it seems to me, in this flowed to our people in the process. These are powerful reasons for trying to country's record of job absenteeism. The What may perhaps bP less fully appreci· understand the causes of the productivity number of people who simply do not show ated is that the material progress we have weakening that has recently occurred. A good up for work on any given day, especially made as a Nation-and which has long been deal of scholarly etrort has in fact been de­ before and after weekends, has been rising the marvel of the world-was by no means voted precisely to that end. However, we stm in recent years and has assumed worrisome an inevitable occurrence, despite our endow­ cannot be sure how much of the slowdown proportions. In a typical week last year, al­ ment of natural resources. Nor is it some­ in productivity growth reflects transitory as most five million workers had unscheduled thing whose extension we dare take for distinct from more basic causes. absences from their jobs· for a day or more granted. I believe, rather, that the bounty One cause of slower productivity growth either because of reported tllness or for that is ours came about chiefly because we ln recent years that is presumably of a other personal reasons. Last year's absentee- May 19, 1977 EXTENSIONS OF REMARKS 15673 sm Involved the loss of more than 100 mil­ renewed spirit of industriousness in this Na­ belt. Six of the ten most amuent states are ion hours of working time per week, giving tion. The future is yours to do with it what located in the South while six of the ten ·ise, one can be sure, to a great deal of un­ you will. I hope you will choose wisely. poorest states are in the North. lecessary cost and inefficiency ·In the oper­ As Table 2 indicates, federal, state and local ~tions of our businesses-ranging from dis­ taxes in 1975 amounted to 42.4 percent of per ·uption of production schedules to over­ capita income (unadjusted for taxes or cost­ ;tam.ng by employers as a defensive measure. HOW HIGH TAX RATES HAVE IM­ of-living) in New York, 38.4 percent in Mas­ 'io one would deny, of course, that many POVERISHED NEW YORK STATE sachusetts, and 35.9 percent in Illinois. By ~nscheduled absences are justified by ill­ contrast, taxes took only 28.4 percent of in­ :less or personal or family emergencies. But come in Arkansas, 31 percent In Alabama, 'here is evidence that absenteeism has risen HON. JACK F. KEMP 31.7 percent in Oklahoma, and 32.2 percent in :aster in recent years than the number of OF NEW YORK South Carolina. ~mployed individuals, and this suggests IN THE HOUSE OF REPRESENTATIVES It is, of course, possible that the high-tax that decided changes have been under way states like New York and Massachusetts are .n our country In the basic work attitudes Wednesday, May 18, 1977 rich in government services, though poor in :>f employees. Mr. KEMP. Mr. Speaker, regional dis­ private incomes. But those who receive gov­ The high and rising Incidence of absen­ ernment benefits are not always the same teeism would be easier to understand lf parities in per capita gross income have provided a major justification for chan­ people who pay for them, so that high taxes workers in this country enjoyed less paid generally make it difficult to attract and re­ time off than they do. Significantly, how­ neling Federal tax dollars from the rela­ tain productive individuals and enterprises. ever, the average factory worker now gets 9 tively wealthy States in the Northeast In any case, the abiilty to purchase privately paid holidays each year and many workers and Midwest to the apparently poorer marketed goods and services, is what most get more. There has been an impressive lib­ residents of the Southern States. When people have in mind when they discuss in­ eralization throughout the postwar period, the statistics are adjusted for regional comes. moreover, in the amount of time employees can take as paid vacation. Indicative of the differences in living costs and taxes, The problem of high state and local taxes trend is the fact that more than two-thirds however, the residents of supposedly af­ is compounded by the federal tax system. of factory workers with 25 years service now fluent Northern States are often left with Federal income taxes are levied on nominal get a full month's va.catlon, whereas fifteen lower real after-tax incomes than their income, not real income. As a result, taxpay­ years ago only about one In five enjoyed Southern neighbors. Since there is so ers in states with a high cost-of-living are such generous vacations. much debate lately about the sunbelt in a higher federal tax brackets than tax­ Employers, In short, are increasingly re­ payers whose lower nominal incomes will buy versus the snowbelt, I think that this fact just as much in other states. Federal taxes munerating workers for time during which has important implications for Govern­ no work is performed. At present about 7% amount to 26.8 percent of unadjusted per of total payroll costs Incurred by the average ment policy-both on the State and Fed­ capita income in New York, 25.1 percent in employer in this country goes to pay for time eral level. Consequently, I hope my col­ Masachusetts and Illinois. Federal taxes that employees are not explicitly on the job. 'leagues will take the time to read the amounted to only 19.6 percent of income in And the full costs of paying for nonworking following important article by Alan Arkansas, 22.1 percent in Alabama, 22.5 per­ time would be much larger if there were any •Reynolds which examines taxes and re­ cent in Oklahoma, and 22.5 percent in South meaningful way of measuring the extraordi­ Carolina-states with higher net adjusted gional incomes from the First Chicago disp:::sable income per capita than either nary number of hours spent on coffee breaks, World Report. It proves that high taxes wash-up time, retirement parties, and other New York or Massachusetts. social rites that have increasingly become a and inflation have Britianized New York When federal revenue sharing was first part of our working lives. Against this back­ State citizens: conceived, It was explicitly advocated as a ground, is there really any wonder that many Is .ALABAMA RICHER THAN NEW YoRK? means of equalizing incomes between states. of our producers find it difficult to compete A decade ago, federal revenue sharing was internationally and that so many of the widely advocated as a means of narrowing the TABLE I.-DISPOSABLE PER CAPITA INCOME BY STATE, 1975 products in our homes and garages bear for­ enormous gap in per capita income between (Adjusted for cost-of-living and taxes( eign names? amuent northern states, like New York, and These developments relating to work atti­ poorer states which were mainly located in Per capita tudes and the amount of leisure time we are the South. The subse~uent fiscal troubles of ooting for as a society are a relatively ne­ Net several older urban centers have raised some Adjusted adjusted glected aspect, I believe, of scholarly Investi­ doubts that income alone is an adequate Un- dis- State and dis­ gation Into the causes of the slowing in our criterion for such regional transfers. How­ adjusted posable local posable productivity growth. I think they must be ever, even if income is accorded a ma;or place income income t taxes' income 3 brought Into sharper focus to faclllta.te wider in decisions about how to distribute federal public understanding of what is at stake. It is SNOW BELT benefits ant;! tax burdens, statistics on per STATES not at all clear that people actually perceive capita income give a misleading impression that lessened work effort inevitably must be of the actual differences in economic condi­ Connecticut_ __• __ $6,973 $4, 951 $697 $4,254 reflected in the material benefits we as a tions In the various states. Massachusetts •••• 6, 114 3, 980 814 3,166 people can enjoy. That linkage was Inescapa­ Rhode Island _____ 5, 841 4,180 645 3, 535 Table I provides some broad measures of Maine_, ______bly evident earlier In our history-when, to -a 4, 786 3, 755 511 3, 244 much greater degree than is now the case, economic well-being in the Sunbelt and New Hampshire ___ 5, 315 3, 818 525 3, 293 Snowbelt states. The second column shows Vermont. ••.••••• 4, 960 3, 831 699 3, 132 men and women could literally see what their New York ______6, 564 4, 518 1, 025 3, 493 individual effort yielded in consumable prod­ 1975 per capita income adjusted for cost-of­ New Jersey ______6, 722 4, 787 725 4, 062 Uvi.,...g and federal taxes. States in which the Pennsylvania _____ 5, 943 4, 506 63!) 3, 870 ucts; but the linkage has been blurred as our Ohio ______productive and distributive mechanisms have cost-of-living is above or below the national 5, 810 4, 507 534 3, 973 average have had their per capita Income Illinois_------6, 789 5, 134 730 4, 404 grown In complexity. Indiana ______~-_ 5, 653 4, 414 580 3, 834 I trust it is clear that these matters are by figures infiated or defiated accordingly. Al­ Michigan . __ ----- 6, 173 4, 627 782 3, 945 no means of remote concern to young people though unadjusted per capita income was Wisconsin ______5, 669 4, 389 719 3, 670 nearly a thousand dollars higher in New such as you who are now embarking on ca­ SUN BELT reers. Indeed, I would call your attention to York than in Texas, for example, the higher STATES cost-of-living in New York absorbed the the fact that during your lifetimes the degree Florida.------5, 638 4, 643 521 4, 122 of productivity growth achieved by the work­ e:J.ttre difference. In addition, New Yorkers Georgia ______5, OBfl 4, 303 508 3, 795 force, w111, if anything, be more important 'Paid $496 more per person in federal taxes. North Carolina ___ 4, 952 4, 223 485 3, 738 than it is now, simply because of the chang­ Going one step further. the third column South Carolina ___ 4, 618 3, 976 446 3, 530 of Table I shows per capita. state and local Virginia __ , ______5, 785 4, 668 563 4,105 ing ratio of the working to the nonworking West Virginia _____ 4, 918 4, 281 533 3, 748 portions of our population. Reflective of the taxes which are subtracted from adjusted Delaware •.•• ____ 6, 748 5, 483 727 4, 756 longer llfespa.n people are enjoying and the disposable income to arrive at "net adjusted Maryland ______6, 474 4, 872 728 4,144 disposable income per capita" in the last Kentucky ______4, 871 4, 189 497 3, 692 trend toward lower birth rates, we are now Tennessee. ______4, 895 4, 155 451 3, 704 experiencing a rapid expansion tn the elderly column-that is, net of state, local and fed­ Alabama ______4, 643 3, 981 415 3, 566 portion of our population. A relatively heavy eral taxes. On this basis, New York slips to M.ssissippi___ ••• _ 4, 052 3, 555 446 3, 109- burden will thus fall on the employed portion the sixth poorest state in his list of 30 states Arkansas _____ • __ 4, 620 4,150 405 3, 745 Louisiana .•• _____ 4, 904 4, 229 566 3, 663 of the population to produce goods and serv­ behind even Alabama and South Caroltna Oklahoma ______(see Table 2), while Texas rises to the third 5, 250 4, 497 482 4, 015 ices not just for themselves, but also for the Texas.------5, 631 4, 828 515 4, 313 swelling numbers. of people who will be be­ most amuent, behind only Delaware and Illi­ nois. New England fares even worse than yond retirement age. That prospect emphati­ t Adjusted for differences in cost·of·living (U.S. average for cally underscores the importance of reachiev­ New York, in terms of real spendable Income, 1975= 100) and per capita Federal taxes. The cost·of-living ing and ma.inta.ining strong productivity with New Hampshire, Maine, Massachusetts index used was the annual budget lor an intermediate standard growth. and Vermont falling below every state except of living for a 4-person family. From C. J. Jusenius & l. C, ledebur, "The Northern Tier and the Sun Belt." ChaUenge. I urge you to think about the impltca.tlons Mississippi. Net adjusted disposable income March-Aprill977. ~ of .that challenge and to consider carefully averaged $3,859 for the Sunbelt states as a 2 Tax Foundation, Inc. the interest you have 1n helping to foster a group, compared with $3,705 for the Snow- a Column 2 minus column 3. 15674 EXTENSIONS OF REMARKS May 19, 1977 TABLE 2.-STATE INCOME AND TAXATION, 1975 political forces which w111 endeavor to main­ CONFEDERATE MEMORIAL DAY, tain the preva111ng distribution. Regions that ATLANTA LADIES MEMORIAL lose ground economically will also tend to Taxes as a percent ASSOCIATION Net adjusted of unadjusted per lose ground politically, so that the required disposable cai)ita income 2 flexibility of the system may not be polit­ income per ------­ ically feasible. In such a case, the most capita 1 Total Federal pra.ctical policy would be to abandon the HON. HERMAN E. TALMADGE whole divisive idea of using the federal gov­ OF GEORGIA Delaware.------­ $4, 756 36.6 25.8 ernment as a mechanism for transferring IN THE SENATE OF THE UNITED STATES Illinois.------4, 404 35.9 25.1 income between regions. Texas. ______4, 313 31.6 22.4 Thursday, May 19, 1977 Connecticut______4, 254 35. 8 25.8 Maryland.------4, 144 36.2 24.9 Mr. TALMADGE. Mr. President, at Florida. ______4, 122 33.7 24.4 Virginia ______4, 105 33.2 23.4 traditional services in Atlanta, Con­ New Jersey ______4, 062 35. 1 24.3 SUPPRESSION OF JEWS IN RUSSIA federate Memorial Day was observed on Oklahoma ______4, 015 31.7 22.5 April 26. Mr. Charles D. Read, Jr., an Ohio.------3, 973 34. 0 24.8 Michigan. ____ ------3, 945 36.0 24.9 HON. ABNER J. MIKVA Atlanta attorney and former U.S. district Pennsylvania ______3, 870 34.7 24.0 attorney, delivered the memorial address. Indiana .------3, 834 35.2 25.0 OF ll.LINOIS Georgia _____ ------3, 795 33.9 23.9 I ask unanimous consent that Mr. West Virginia_------3, 748 33.0 22.2 IN TlfE HOUSE OF REPRESENTATIVES Read's address be printed in the RECORD. Arkansas. ______3, 945 28.4 19.6 North Carolina ______3, 738 32.9 23.1 Thursday, May 19, 1977 There being no objection, the address Tennessee. ______3, 704 32.6 23.4 was ordered to be printed in the RECORD, Kentucky ______3, 692 32.8 22.6 Mr. MIKVA. Mr. Speaker, 4 years ago, Wisconsin_------3, 670 36.2 23.5 Felix Kamov-Kandel applied for an exit as follows: Louisiana ___ ----- ______3, 663 33.2 21.7 permit from the Soviet Union. Since that CONFEDERATE MEMORIAL DAY, ATLANTA LADIES Alabama_------3, 566 31.0 22. 1 MEMORIAL ASSOCIATION, APRIL 26, 1977 Rhode Island ______3, 535 36.0 24.9 time, not only has he been denied South Carolina ______3, 530 32.2 22.5 permission to leave Russia, but he has Mrs. Stanley; officers and ladies of the New York_------3, 493 42.4 26.8 Atlanta Ladies Memorial Association; friends: New Hampshire ______been cut off from the ordinary privileges 3, 293 36.2 26.3 Thank you, Adzniral Howell, for your warm Maine ______3, 244 33. 1 22.5 of life. Although he is a well-known Massachusetts __ ------3, 166 38.4 25. 1 and kind introduction. Hugh Howell has been Vermont.. ____ ------3, 132 37.6 23.5 playwright and scriptwriter, as well as a true friend for many years. I first knew him Mississippi_------3, 109 33.4 22.4 the creator of an internationally re­ in school before World War II. In addition to nowned cartoon, the Soviet Union will other things, it is a true and unusual honor 1 From col. 4, table 1. not allow his work to be credited to him. for a mere Lt. Colonel to be introduced by 2 Federal per capita taxes from Jusenius & Ledebur, op. cit. In addition he has been isolated from a Rear Admiral. Admiral Howell has al­ State and local per capita taxes and unadjusted per capita ways stood in my mind as a. man personifying income from cols. 3 and 1, table 1. his associates in the film industry, and from his literary colleagues in the So­ the best trait«. of the old South, as well as In 1967, Walter Heller, former head of the viet Union and elsewhere. the new South, and I am proud to consider Council on Economic Advisers and a princi­ him as a friend. pal architect of revenue sharing, said that Four years is far too long to wait to We are here today on the 26th day of April, two major purposes of revenue sharing were leave the Soviet Union, especially under 1977, 112 years after that day April 26th, to "reduce economic inequalities and fiscal these circumstances. However, now there 1865 when General Joseph E. Johnston disparities among the states" and "to stim­ is additional urgency to Kandel's desire surrendered his tattered and battered Con­ ulate state and local tax efforts." As late as to emigrate. Kandel's son will soon be federate army to Sherman near Raleigh, 1973, Professor Heller still urged that "The reaching draft age. If he is inducted into North Carolina, to commemorate and pay disparities are almost unbelievable. Start the army, then the young man will be homage to the bravery, valor, fortitude, with ab111ty: The per capita income of New endurance and suffering of the gallant men York and Connecticut is still almost double unable to leave until after he is relased of the Confederacy. This also is the 1llth that of Mississippi, Arkansas, and Alabama." from military service-7 to 10 additional year that this annual service bas been reld These objectives were set in concrete with years. in honor of the brave men who gave their the legislation establishing the revenue shar­ I am particularly interested in Felix lives. ing allocation formula. States receive reve­ Kamov-Kandel because he and his fam­ We honor today not only the dauntless nue sharing funds in relation to their per ily have been "adopted" by the Niles men but also the strong and courageous capita income, population and state and lo­ Township Jewish congregation of my dis­ women of the Confederacy. It is doubtful cal tax efforts. Northern states that are los­ trict. However, I am also deeply con­ that those men could !>ave endured the ing population also lose revenue sharing disease ridden and agonizing years of war funds; if they cut state and local taxes to cerned about the many other cases of without the knowledge that their loved ones retain workers and employers they are pen­ suppression of Jews in Russia. There­ were at home waiting, suffering and fighting alized by a reduction in revenue sharing; and fore, I am joining my fellow Members for survival just as they were. These women federal tax rates are higher and revenue shar­ of Congress in their vigil in behalf of were superior in tre role tney baa been ca':>t ing lower for those states with high per cap­ Soviet Jews. to play in the great tragedy of war with ita income--even though such income is husbands, sons, and sweethearts dying or often enormously diluted by higher inflation The pain of Soviet repression for all those denied the right to emigrate or maimed, but always with soft voices and rates and taxes. compassionate, understanding words, bolster- · A decade ago, states like New York and live in peace has been beautifully ex­ ing the spirits of our men who fought for Massachusetts may indeed have had a rela­ pressed by Mr. Kandel in his poem "Kad­ the Confederacy. tively greater abillty to pay federal taxes dish." I urge my colleagues to consider Memorials should be erected all over the without receiving corresponding benefits. it. South, hewn in marble, and dedicated to But this is no longer true. Our calculations the women of the Confederacy, for they were indicate that real, after-tax incomes are now "Who was it, then, who said I have been refused? Crudely, without reason, for the unsung heroines in so many ways, significantly lower in New York and Massa­ ministering to our wounded and soothing chusetts than in, say, Arkansas and Alabama. already the fourth year? The combination of higher inflation rates in the last hours of t'Pose who died far from Their refusal brought me a perznit. the objects of their tenderest love. They the Northeast and progressive federal tax A permit to think, speak, act and see. rates applied to such inflated incomes has kept the graves of loved ones sweet with A permit to make a step closer to oneself. To flowers. They loved their land and nurtured had a particularly depressing effect on real my children. after-tax incomes in that region. it when their men were gone. Sorrow and To the extent that income differentials re­ And for that, among others, you must pay. calamity was tr eir lot in life: but they never flect differences in productivity, federal ef­ For this privilege you must pay well, wilted in this ordeal of fire. I feel personally forts to equalize incomes between states.have and here and now I pay my debt. very strongly about the women of the Con­ promoted a miSallocation of resources and federacy, for in 1861 my great grandmother lower economic growth. To the extent that • • had her husband ride off to war, leaving her This 1s our fate today. income differentials are unreal, reflecting dif­ at the age of 23 to alone care for a newborn ferences in living costs, attempts to equalize We are paying our debt. baby, a one year old, a two year old, and such nominal incomes must be considered The strong-with joy. The weak-with a four year old. inequitable as well as inefficient. desperation. In order to aupro.,riately pay tribute to Ideally, revenue sharing formulas should No people can be deprived of its right to our brave and intrepid forebears in the 1860s be reset from time to time to reflect chang­ 11 ve among his own. it may well be appropriate to recount briefly ing economic conditions among the cities Where there is guilt there is punishment. some of the history of those years, as well and states. But any allocation of federal There are no errors without regrets. as the years before and after. So much has tax monies must give birth to entrenched No delusions without losing sight ..." been said and written over the years abcrut May 19, 1977 EXTENSIONS OF REMARKS 15675 the late great conflict in hundreds and nically the southern States moved out of In southern battles so magnificent was the hundreds of books that it would be impos­ the existing government, their movement out fighting of the southern troops against great sible in this short period of time to outline was simply the machinery by which they odds that the Federal leader was not only re­ in any detail the history of that engagement. elected to stand in loyal support of the pulsed, but was more than once even im­ We all know that history: but 1t bears form of government that was established by pressed with the idea that Lee had more repeating. their forefathers. men than himself. These men well knew the We have much to be proud of. The South In the early years of the mid-century eco­ odds against which they had fought and ever was a vastly more varied land than the nomic conflict, the North adopted its aggres­ after it was felt that, though their enemy North. It was the South's geography which sive attitude towards th~ conservative South might be somewhat too st rong for them to was both the first and final arbiter in welding which precipitated the war between the drive, they could .hold their ground against the South into a unit and moulding the s :ctions. a force however great that might attack minds of its equally diverse peoples into more The Souths main strength lay in its esprit: them. nearly a single mind than was ever elsewhere In modern terms, its superior morale, and General Clement A. Evans speaks of a great displayed in America. the conviction of its people and their leaders national enterprise which had no lack of The South had provided leadership of the that they were right. The superior morale of justice in its designs or executions; which country for many of the first years of its the South enabled the confederacy almost was maintained with high intelligence by existence. The earlier issues between the miraculously to stave off its inevitable de­ statesmen who had no superior; which was sections had been primarily economic-the feat for more than 4 years in the face of the made pathetic by the sufferings of a great struggle for economic dominance of the overwhelming total economic advantages en­ people and an unsurpasc;ed soldiery which Nation. Gradually the struggle had been joyed by the North. lacked only an element of success to win the transformed into a political one as men grew The staggering loss of life and limb which laudation of the world. Its failure was due to realize more that the Government was a resulted in loss of a high percentage of its to superior! ty of resources-money-numbers powerful economic force. It has been said available manpower engaged in actual com­ and international sympathy. that to a considerable degree the South's bat seared the souls of its people. Not only The history of the great conflict inspires extreme conservatism was a product of its then but for generations to come. All of Southerners with proper pride in their south­ extreme ruralism. In the country and small these things rendered the whole South a war ern land, reverence for their gallant ances­ towns, most southerners were thrown casualty. Most crip:;:>ling of all was the cost in tors and with the wise purpose of head to largely on their own for ways and means human life. make the Union worthy of such a South and to relieve their lonely isolation. Among 'those For most Confederates, including such lead­ their beloved South worthy or the Federal few organizations that functioned in their ers as Lee and Stonewall Jackson the war Union. rural environs, the church and political was for southern independence. It is a marvel But skill and valor cannot always supply gatherings were rightly embraced with spe­ that our ancestors fought through 4 years the lack of numbers and resources and even cial ardor. Church attendance was a great of a merciless war and particularly through victories won at the cost of men who could event and a social event. the last year of the war, !or the South was never be replaced. There is little wonder that politics brought to the point of actual destitution. In the great Lee's farewell address to his attracted so many of the best talents of the The indomitable bravery and utter sel! men, he told them this: South. Here was a rare field of real com­ sacrifice with which the South defended its "You will take with you the satisfaction petition. Home and family became the focal cause both at home and in the field must that proceeds from the consciousness of duty points of the southerners life. alway& arouse our admiration. By 1863 a Con­ faithfully performed; and I earnestly pray During the 72 years between the In­ federate soldier was lucky if he drew as his that a merciful Gcd will extend to you his auguration of Washington and that of entire daily ration half a pound of corn meal. blessing and protection. Lincoln, southern men had filled the Presi­ General Early relates of how thousands of "With an unceasing admiration or your constancy and devotion to your country and dency for almost 50. Southern Chief Justices southern soldiers lay down to rest without had presided over the Supreme Court all but having a mouthful of food all day and after a grateful remembrance of your kind and generous consideration for myself, I bid you 12 years and almost two-thirds of the Jus­ the second victory at Manassas as a brigadier all an affectionate farewell." tices had been selected from the South. he was very content to make his supper on two small ears of grain corn which he roasted Our bone tired, hungry and tattered sur­ Almost half or all the members of the several in the ashes. vivor came wearily home to find complete Cabinets, more than half of the Speakers Our men were so scantily supplied with chaos. The home he left so prosperous and of the House of Representatives-more than beautiful he finds in ruins--his farms devas­ half of the diplomats representing the Na­ food and clothing that a pair of shoes were a luxury and full rations would have aston­ tated, his stock killed, his barns empty, his tion in capitals of the major powers had been comrades slain and the burdens of others southerners. ished the stomachs of our brave warriors. Many have expressed sur.prise that these heavy on his shoulders. In this southerners took a great and ragged barefooted half starved men would It was the lasting damage to the mind, justiflable pride. Southerners had conducted or could fight at all. spirit and culture of the South, that made their· governmental affairs, in the ante­ Our men !ought heroically for long and it so devastating. Reconstruction broke the bellum era, on a higher plane and with more South's spirit, planted hampering prejudices integrity than had (or has since seldom agonizing years; heroically enough to exist against the fiercest efforts of the Union Army and frustrating hates, that took many years been) observed on the American scene. From to heal. Yet, for the fortitude of its people these things, the pride of Southerners had and honorably enough to Unger on in legend !or more than 100 years. and leaders it would have paralyzed its will long been well fed-so well fed, in fact, that to move forward with the Nation and the "proud" became the most common adjec­ For General Lee history holds him high as world. tive used to describe not only the sout hern a model soldier without flaw, as the paragon We all know about the horrors of the re­ leaders and statesmen but also the ordinary of all the virtues the South could claim. No construction years, with the coercion of oc­ Confederate soldier and all time yeoman human weakness breaks his character. Rarely cupying milibry forces. farmer. did emotion disquiet his serenity. But he had To quote from Henry Grady, the great a power to those who knew him; those who Statesmanship was a quality on which the apostle of peace: could not quite love, admired. Foreign emis­ "What does he do--this hero in gray with a South had always prided itself. Its political saries came to his camp to note and study. thinkers played a leading role in framing heart of gold? Does he sit down in a sullen­ It is noteworthy that when the war loomed, ness and despair? Not for a day. Surely God. the Constitution. Throughout most of those Lee was offered the command of the entire years of economic conflict before 1861 the who had stripped him of his prosperity, in­ United States Forces. Lee turned down the spired him in his adversity. As ruin was never political power of the South had succeeded offer to remain loyal to our people and our in placing roadblocks in the way of the before so overwhelming, never was restora­ beliefs-it was a decision that ran in the tion swifter. The soldier stepped from the North's effort to use the National Govern­ blood. ment to enhance its economic interests, and trenches into the furrow; horses that had Gallantry counted in the confederacy even in return had reaped a bountiful me~ure charged Federal guns marched before the in the darkest hours. It runs through most plow, and fields that ran red with human of 111 will from the North. By that time southern music and lends bravado to bad losing their poJitical control, southerners blood in April were green with the harvest meter; it shines out from countless old pic­ in June." had overwhelmingly concluded that they ture frames and sometimes makes bad paint­ In the South there had been a Ion~ lasting should abandon the Government that was ings bearable; it runs throughout southern beiug prostituted to the economic interests sense of obligation to public service, as a verse, occasionally rising off key; gallantry duty rather than as a means to personal of a preferred part o! its realm. Most of them was the essence of southern war and hence hoped and thought they could leave it peace­ power. profit, or ambition. It remained !or was frequently the core of southern art. the south itself, with that background, fully. A legend would arise. One of honor and Despite the fact that the first overt act through the slow process of time, to change duty and sacrifice against great odds. A leg­ itself and gradually rejoin the changed union of the armed phase of the confi.ict was com­ end that would pit gallantry against imper­ it had been forced to leave. mitted by the South, there are few his­ sonal force. The graphtc courage and abilities By the early 1880's the old leaders combined torians who fall to regard the North fully as or the Johnny Rebs aroused the admiration with the new, all men of hope and vision, the aggressor in the conflict. While tech- or their foes. and were energetically bending their efforts 15676 EXTENSIONS OF REMARKS May 19, 1977 to start the stalled economic, political and BROYHILL and I will offer on the floor of D) Regarding oxides of nitrogen, this is in social wheels rolling again, each in the direc­ the House when the bill is scheduled the many respects the most difficult problem be­ tion where he thought he saw a semblance of week of May 23. I am pleased to provide cause there is less evidence on the health a dawn of a better day. At that time that consequences of NOx standards, yet the very hopefulness was about the only thing my colleagues with a copy of the concise strongest correlation between emission new in the new South. arguments for the Dingell-Broyhill standards and mileage goals. Under our pro­ Regarded as a whole, despite the colonial­ amendment as announced by the UAW posal the standard would be reduced to 1 ization and exploitation of its farmers and and insert at this point in the CoNGRES- · gram per mile in the 1982 model year with most of its industries, the economic picture SIONAL RECORD a COPY of their May 17, authority for the EPA Administrator to raise of the New South finally became one of de­ 1977 letter: the standard to no higher than 2 grams per finite progress. But it was not until 1947 that UAW, mile if it is found to be consistent with pub­ one of the last vestiges of colonialization, Washington, D.C., May 17, 1977. lic health needs and if the higher standard discriminatory freight rates, were removed DEAR REPRESENTATIVE; The House Will like­ will permit substantial improvements in through the efforts of the Georgia Attorney ly consider the Clean Air Act Amendments, auto efficiency or the application of advanced General by the Supreme Court of the United H.R. 6161, next week and Representatives or innovative technology. For example, dlesel States. Dingell and Broyhill will be offering a substi­ engines hold great promise for achieving our During World War I and World War II, as tute amendment for Title II, the Mobile national goals of energy conservation, yet always, southerners displayed more patriot­ Source title, of the bill. they cannot now meet a 1 gram per mile ism and love of country than those of other The United Auto Workers supports strong­ standard for NOx. In no event could EPA sections. We furnished more leaders and more ly the Dingell-Broyhill Amendment, which raise the standard above the 1 gram goal un­ southerners joined up voluntarily in greater incorporates the UA W recommendations on less it was first shown that an increase would numbers. At any time that the flag of the auto emissions standards, and urges you to be consistent with public health require­ United States was comm.ltted, including vote for the Dingell-Broyh111 Title II Amend­ ments. Korea and South Vietnam, the South has ment to H.R. 6161. As I noted, the provisions of the Dingell­ provided more of its share of men and women The auto em.lssion provisions of the Din­ Broyhill Ame-ndment are designed to protect who because of their patriotism were willing gell-Broyh111 Amendment are designed to fully the public health while avoiding the and anxious to fight for the land that they ensure that the public health is protected significant fuel penalties that would result loved so deeply. and that the principles of the 1970 Clean Air from the adoption of unnecessarily stringent Our forefather never believed he was Act are achieved, while taking into due con­ standards. The additional views signed by fighting to destray the Government of the sideration important, related questions of almost a score of the Members of the Com­ United States. He fought only for home and auto fuel efficiency. In this regard, I would merce Committee point out, on the basis of loved ones and the liberty of the South. remind you thaat the UAW, in recognition of government analyses, that the emission s Surely no real American could deny the quest the severity of the national energy problem, schedule reported by the Commerce Com­ for political liberty. No truer partiots have and to achieve the goal of energy conserva­ mittee would entail additional imports of ever mustered for battle than those who tion, did support the enactment of manda­ 140,000 barrels of oil every day for seven marched under the starry cross of the Con­ tory mileage standards which take effect in years. Clearly this runs directly counter to federacy. the 1978 model year. the need for energy conservation, and does This is the heritage of pride, challenge, and Perm.lt me to set out for you in summary so without any real gain in air quality. honor to live up to. fashion the basis for our recommendations Despi'te their beliefs in state's rights, on auto emissions: As you probably know, Representatives Dingell and Broyhill offered a similar amend­ southerners nevertheless now have to recog­ A) The emissions standards now in effect nize much of the activity of the Nation has for the 1977 model year would remain in ef­ ment in Committee where it received a 21 to been taken over by the Federal Government. fect for the 1978 and 1979 model years be­ 21 tie vote. They have now strengthened Federal authorities have been given and have cause of the long lead time associated with their amendment for floor consideration, taken area after area of States preroga.tives. auto production, certification to Federal carrying forward the auto emissions provi­ Today we are confronted with more com­ standards for emissions and mileage, and sions outlined above, and a change in the plex problems than at any other time of our con version to meet new standards. The performance warranty for emissions systems. history. With the example of the ab111t1es, in­ standards now in effect are: Hydrocarbons I might note that the House last year over­ domitable spirit, faith and steadfastness and (HC), 1.5 grams per mile; Carbon Monoxide whelmingly approved this change in the reliance upon principle and integrity, along (CO), 15 grams per mile; and Oxides of performance warranty, to set it at 18,000 with the patriotism which are the facts of our Nitrogen (NOx), 2 grams per mile. miles or 18 months, because it protects the southern heritage, the South will continue B) Regarding hydrocarbons, the Dingell­ consumer's right of choice in having hts to support our country and the freedom it Broyh111 Amendment proposes to reduce HC car serviced and avoids the anticompeti­ stands for. Thus we w111 honor and strive to emissions to .41 grams per mile in the 1980 tive character of a longer warrant y. The war­ deserve the sacrifices, hardships and fight model year. This is the original goal of the ranty provided in the Dingell-Broyhill for principle of the men in gray and their Clean Air Act and, because of the clear health Amendment is consistent with the unani­ wonderful women of the 1860's. danger associated with HC emissions which mous recommendation of the House Small In paying tribute 112 years after the end are strongly implicated in smog formation, Business Committee that the warranty pe­ of the conflict to the greatness, valor, courage we oppose any relaxation of the original goal riod be reduced to promote competition, and pride of our forebears we hope and pray in this regard. especially since the warranty change would that the 20th century w111 not fail to under­ C) Regarding carbon monoxide, the not impede progress toward cleaner air. stand and appreciate the courage, integrity Dingell-Broyh111 Amendment sets a standard One thing that is crucial toward achieving of heart, great principle, and sacrifice of the of 9 grams per mile in the 1980 and subse­ the goals of the Clean Air Act is periodic Confederates who were willing to give their quent model years. This is totally consistent inspection and maintenance of all vehicles lives for their beliefs. with the need for air quality, although it is on the road. The Dingell-Broyhill Amend­ The prayer of every true patriot North and slightly higher than the original goal of 3.4 ment does contain a section requiring annual South is God bless our whole country and grams per mile. There are four reasons why inspection and maintenance of all vehicles. make ours a union of hearts and hands. we have come to the 9 gram standard: Title II of H.R. 6161, as reported by t h e 1) According to EPA, every city in the Commerce Committee, contains 22 sections. country will meet air quality standards for The Dingell-Broyhill Amendment keeps 15 CO by 1990 with the 9 gram st andard. of those sections intact, as well as keepin g CLEAN AIR ACT AMENDMENT GETS 2) While a 3.4 gram standard wm reduce other sections with wording changes. Tb e SUPPORT FROM UAW CO contaminants, based on a worst case ex­ main differences between Title II as reported ample from the early 1970's, by 83 percent by the Committee and the Dingell-Broyhill by 1990, the 9 gram standard wm reduce Amendment are in the emissions and war­ HON. JOHN D. DINGELL those contaminants by 80 percent, a statis­ ranty sections described above. I encourage tically negligible difference. This is based on you to review the excellent additional views OF MICHIGAN a Transportation Department report. filed on H.R. 6161 by Representatives Dingell, IN THE HOUS~ OF REPRESENTATIVES 3) The California Air Resources Board has Broyh ill and others for a fuller explanation set a 9 gram standard for CO and is u n likely Thursday, May 19, 1977 of the issues involved in the amendment. to set a lower standard because of its finding Finally, I want to reiterate the complete Mr. DINGELL. Mr. Speaker, ma.ior that the standard is appropriate for prot ect­ and emphatic support of the United Auto support for the Dingell-Brovhill sub­ ing the public health. Workers for the Dingell-Broyhill Amen dment stitute amendment to title II · of H.R. 4) With the foregoing evidence that the 9 and again urge you to support this amend­ 6161, Clean Air Act Amendments of 1977, gram standard is consistent with the public m ent when it comes before the Rouse. health, it then becomes highly desirable has been sent to Members of the House since it w111 fac111tate the movement to Thank you. from the United Auto Workers. smaller, more energy efficient engines which Sincerely yours, I welcome their support for the find it far more diftlcult to meet the 3.4 HowARD G. PASTER, amendment Representative JAMES T. standard. Legislative Director. May 19, 1977 EXTENSIONS OF RE!trfARKS 15677 GOV. DOLPH BRISCOE OF TEXAS rels of oil per day. The shortfall in oil pro­ fuels, such as coal, will be met. A shortfall SPEAKS ON ENERGY duction measured against oil prcduction re­ of four million barrels would be a disaster quirements of the Plan will be even greater. for our foreign policy and our balance of I do not believe in price regulation. History payments. Under the most optimistic as­ clearly proves that price regulation of any sumptions it would mean oil imports in 1985 HON: OLIN E. TEAGUE commodity has never worked for the long would not be the 7.6 mililon barrels per day OF TEXAS term benefit of the American consumer. The called for by the plan, but 12 million barrels natural gas shortages of this past winter in per day. IN THE HOUSE OF REPRESENTATIVES the interstate market dramatically illustrate Let me point out another meaning of an Thursday, May 19, 1977 the inevitable results of 23 ye·us of federal American import dependence of 12 million regulation of the natural gas industry. barrels. Western Europe and Japan are count­ Mr. TEAGUE. Mr. Speaker, Gov. But, if because of short range political con­ ing on us to reduce our oil imports. They do Dolph Briscoe of the State of Texas ap­ siderations, price controls are extended, it not have available the reserve energy re­ peared recently before the Subcommittee makes no sense to set the price of natural sources that we command. If we fail to re­ on Energy and Power of the Committee gas in relation to the average price of crude duce our imports the total demand for OPEC on Interstate and Foreign Commerce to oil. While natural gas is the nation's cleanest, oil will, by 1985, begin to press against the speak on energy. I commend to all of most desirable fuel, crude oil is not a fuel. It limits of OPEC production capabilities. This must undergo an expensive refining process is a key point made by President Carter in my colleagues Governor Briscoe's worth­ before it can be used. Natural gas should his presentation to the Congress on April while remarks: obviously be allowed a price equal to or 20th. That pressure would, almost certainly, STATEMENT OF DOLPH BRISCOE, greater than replacement fuels in order to lead to a sharp rise in the OPEC oll price GOVERNOR OF TEXAS " encourage the change to other fuels. This which would wreck the hopes for the future, · I appreciate the opportunity to meet once principle is clearly stated in the text of the developed at the most recent meeting of again with this distinguished Committee of National Energy Plan, "the pricing of oil and chiefs of government in London. Congress. natural gas should reflect the fact that the In my opinion, good planning in a de­ The rapid rise in oil imports has endan­ true value of a depleting resource is the cost mocracy like ours requires a maximum use of gered the independence of our foreign policy. of reolacing it." But the pricing proposals for a free price system and the minimum use of distorted our balance of payments, and gas flatly violate the principle. The correct direct bureaucratic administration of the threatens the prosperity of our economy as propos~! to imolement that principle would economy. That hard earned lesson is not re­ a whole. be to deregulate the price of new gas. spected in the proposed National Energy I agree with President Carter that in fac­ There has been some concern expressed Plan. I hope the Congress measures care­ ing our energy crisis we face the moral about the effect of deregulation on the intra­ fully the scale, the cost, and the stultifying equivalent of war. state market in Texas. I urge you to put that effects of the bureaucratic giant now envi­ I agree that the m inimum targets for concern aside. If deregulation on a national sioned. Many people think of the proposed energy production are at least those set out basis should pose problems in Tex~s they are National Energy Plan as primarily a plan to in the proposed National Energy Plan. I have our problems and we will deal with them. save energy, install solar energy units, and attached those targets to this statement. A free market price for new natural gas to expand coal production. But if you study But it should be pointed out that those mini­ such as we have in Texas would bring about the balance sheet you will see that it is a mum energy production requirements are the exploration and drilling effort required two front war with a conservation front and one-third greater than the production to meet the production levels of President a production front. achieved last year. Those minimum require­ Carter's National Energy Plan. It would ef­ You are all aware that we in the present ments must be met in face of the current fectivelY serve as an inducement to industries energy producing States are disturbed by overall decline in domestic energy produc­ and utilities to convert to alternate sources some of the attitudes of those in potential tion. of energy such as coal. This is now occurring energy producing States. Those attitudes The pricing policy outlined in the National in Texas without penalty taxes, special re­ suggest that we must continue to produce Energy Plan will not achieve its production bates, or federal government involvement. to the Umi t and deplete our reserves while target. It will provide, instead, for continued Only by allowing n'ltural gas to reflect its environmental considerations should be over­ shortfalls of critical fuels which this coun­ true value in the market place can we riding in other States. But my point today try has the capability to produce. simultaneously fZive producers the incentive is different. I am convinced that nothing The principal point I want to make is that to produce, users the incentive to conserve, less than a full development effort by all the proposed National Energy Plan's pric­ and industries the incentive to convert to States in coal, atomic energy, oil and gas ing provisions will not allow the country to alternate fuels. will see us through to achieve the production develop the energy resources which the plan As all of you well know, during the last and balance of payment targets of the acknowledges are necessary. twenty years two separate and distinct na­ National Energy Plan. In a truly national tural gas markets have developed-the un­ I speak on this point as Governor of the effort the Congress should zero in on a hard regulated intrastate market, and the unreal­ and disturbing fact. The Federal Govern­ State which has produced nearly one-third ic;tically regulllted interstate market. One ef­ of all the energy this nation has ever pro­ ment owns about fifty percent of our known fect this difference in regulation has had is fossil fuel resources but last year contributed duced, and which will bear heavy responsi­ that for the past few years Texas consumers bility in the attempt to meet the high pro­ less than ten percent of our production and have paid up to four times as much for na­ most of this production was off the coast of duction targets called for in President Car­ tural gas as have interstate consumers. ter's proposal to Congress. Louisiana and Texas. The largest withholder The hi~her price for natural gas has stimu­ of energy supply in the nation is the federal As you know, natural gas reserves in the lated development of intrastate gas reserves, government itself. To make any national en­ United States have been declining since 1967. but perhaps more important to the attrac­ ergy plan work we must begin immediately Natural gas production has been declining tion of risk capital even than price incen­ a full production effort directed at all our since 1972 and the annual rate of decline is tives has been freedom from ever-changing now running four to five percent a year. domestic energy resources. regulatory oroceedings and never-ending lit­ I urge you to direct your attention to the The National Energy Plan calls for us to igation which has accompanied federal price controls. production targets of the proposed National turn that falling curve upward and to achieve Energy Plan and the tremendous challenge again by 1985 nearly the same level of na­ It has been a most painful exoerience but we have developed, in moc;t instances, a de­ they represent. Unless they are m et the Plan tural gas production we now enjoy. That will will fall and the impact on our nation will call for a drllling rate of approximately dou­ pendable supply of natural gas. be devastating. Without radical changes in ble the footage drllled last year. You can see The invasion of the intrastate market by what is involved by looking at the attached federal control with the authority to allocate the Plan it is my considered judgment the Plan wlll fall. As a nation we are fortunate. chart. We know from careful analyses that intrastate gas would be most unfair to those the amount of development and exploratory conc;umers who have through higher prices We command a substantial energy resource dr111ing increases as the average price of oil paid for the new suooly of natural gas. It base. An essential part of the job must be and gas increases. The pricing policy estab­ wm amount to nothing less than allowing to reconcile the considerable disparity be­ lished for oil and gas in the National Energy consumers in other states who have for years tween the National Energy Plan's pricin g Plan is simply not consistent with the reaoed the benefits of unrealistically low policy and its clearly stated and necessary amount of drilling required to achieve the prices to now reao the benefits of an exten­ production goals. production targets of the Plan. In calcula­ sive drilling program which has been fi­ In the matter of natural gas I strongly tions we have made, we conclude that under n a nced entirely by Texas consumers. urge you to make available to the int€: ­ the pricing policy of the National Energy Taking oil and gas together we estimate ,state consumer of natural gas the or..ly Plan, the present rate of decline in gas pro­ the National Energy Plan will fall short of mechanism which has a proven record of duction will slow somewhat but that the pro­ its production targets by the equivalent of balancing supply and demand for this crttl­ duction level by 1985 wm be short of the more than four million barrels of oil oer day. cal commodity, reliance on private enter­ gas production target of the pl"3n by the And that assumes the Plan's conservation prise functioning in a marketplace free of equivalent of approximately two million bar- and substantial production targets for other government price regulations. I urge you CXXill--987-Part 13 15678 EXTENSIONS OF REMARKS May 19, 1977 not to allocate the shortages and perpetuate Gateway and see only an endless parade "The new subsidy for sugar growers and the nation's problem but to provide instead of buses past their homes. processors will tend to give the sugar beet an opportunity for our American free enter­ Fortunately, as a result of my insist­ and sugar cane producers and processors a prise system, through utmzation of the competitive advantage over those producing mechanism of the marketplace to develop ence on community consultation, the sweeteners from corn. Such a subsidy tends the long range supply President Carter's Park Service transportation proposal is to stifle the growing market for a significant balance sheet calls for. not final, only a "discussion draft." That part of our corn crop." means it can be completely revised. The The office of the Special Trade Represent­ NEP balance sheet Service has now agreed to "go back to ative in Washington, D.C., announced May 4 [Millions of barrels of oil equivalent per day) the drawing boards" and come up with a that subject to eventual implementation of . new plan. "a workable International Sugar Agreement", Change The park planners must get out into the Agriculture Department would "institute from an income support program which would the community. They must :find out what provide supplemental compensation to grow­ 1976 the people want, what the neighborhoods (per- ers of up to 2 cents a pound for sales at 1976 1985 cent) and streets surrounding Gateway are market prices below 13.5 cents per pound." like, in order to design a workable trans­ The President's trade office said 13.5 cents is portaJtion plan that realizes the appropri­ the estimate~ break-even price for domestic Imports ------7.8 7.6 -3 sugar growers. Production ate potential of the park. They must evaluate the impact of any plan on the Coal ------7.9 14.5 +84 Natural gas ______9.5 8.8 -7 environment and advise the public of Oil ------9.7 10.6 +9 their :findings. Nuclear ------1. 0 3.8 +380 Gateway Park can offer much to our TELEVISING CONGRESS Other (hydro, geo- city in terms of recreation, education, thermal, etc.)_ 1.5 1.7 +13 and job opportunities. But these benefits Refinery gain ____ .4 .6 +50 HON. MORGAN F. MURPHY will be realized only if the park has a OF ILLINOIS Total transportation plan designed by people export ______------37.8 47.6 IN THE HOUSE OF REPRESENTATIVES Coal .8 1.2 who know that the streets of Brooklyn are not just lines on a map. Thursday, May 19, 1977 Total ------37.0 46.4 25 Mr. MURPHY of Illinois. Mr. Speaker, although most Americans depend on tele­ SoURcE.-The National Energy Plan, Ex­ vision and radio for their news, Congress ecutive Office of the President, Energy Policy RESCIND SUGAR SUPPORT ACTIONS and Planning, April 29, 1977, p. 96. has not adapted itself to this reality. Bills to allow television and radio cover­ HON. EDWARD R. MADIGAN age of congressional fioor debates have OF ILLINOIS languished for decades. TRANSPORTATION PLAN FOR IN THE HOUSE OF REPRESENTATIVES As a cosponsor of House Resolution 75, GATEWAY NATIONAL PARK I strongly believe that the time for tele­ Thursday, May 19, 1977 vising Congress has come. I would like to Mr. MADIGAN. Mr. Speaker, I would bring to the attention of my colleagues HON. ELIZABETH HOLTZMAN like to bring to the attention of my col­ an article I have written on this impor­ OF NEW YORK leagues the following article from Farm­ tant subject. The article appeared in the Southtown Economist on May 1, 1977. IN THE HOUSE OF REPRESENTATIVES week magazine which addresses the con­ troversy of Federal subsidies of the do­ GETTING TV CAMERAS INTO CONGRESS Thursday, May 19, 1977 mestic sugar industry. (By Rep. MORGAN F. MURPHY (D-2nd)) Ms. HOLTZMAN. Mr. Speaker, there RESCIND SUGAR SUPPORT ACTIONS We live in the electronic age, a. time when is a clear need for a carefully drawn Illlnois Farm Bureau President Harold most citizens depend on television and radio transportation plan for the Gateway Na­ Steele Friday urged President Carter to re­ for most of their information. Congress, how­ tional Recreation Area. But the draft scind the Administration's actions aimed at ever, has not come to grips with this reality. plan circulated by the National Park protecting the domestic sugar industry. Such Today,' neither television nor radio coverage actions are directly counter to the Adminis­ of Congressional floor debates is permitted. Service was so ill-conceived and unwork­ tration's announced poltl.cy of maintaining The first bill to allow television coverage was able as to constitute no plan at all. a market-oriented agriculture, Steele said in introduced 33 years ago. The first bill to allow According to the draft, 1,875 buses a telegram to the President. radio coverage was introduced 53 years ago. !daily will cross the Marine Parkway Steele sent the following telegram to Presi­ The best that can be said is that Congress Bridge within a 5-hour period. That av­ dent Carter with a copy to Secretary of Agri­ hasn't acted in haste on the issue. erages out to 3 75 buses an hour . .i culture Bob Bergland: Why has Congress resisted broadcasting of Where will these buses be coming "The action taken in setting up subsidies its floor proceedings? Publicly, some con­ for sugar processors and producers is exactly gressmen sa.y that the presence of micro­ from? Since the Marine Parkway Bridge counter to your adllllinistration's announced phones and television cameras would encour­ lies at the foot of FlaJtbush Avenue, and policy of maintaining a market-oriented ag­ age individuals to "play to the crowds," or since the Belt Parkway is closed to bus riculture. In Illinois, a substantial quantity would give Joe McCarthy-types the chance traffic, it is entirely possible that 375 of corn is processed into various sweeteners. to make false claims or promises in order to buses an hour will roll down Flatbush The up to two cents per pound of sugar sub­ gain power. Avenue. This would increase bus traffic sidy will result in unfair competition in the Privately, some congressmen are just plain by 15 times on an already jammed street. sweetener market and could result dn a re­ worried that their appearance or voice won't Not one street in the entire Nation duction in the total mq,rket for corn. come across well over the screen. Others are "We respectfully request that you rescind afraid that the cameras would scan empty carries even half as many buses hourly. the action taken and reduce the global sugar seats in the chamber, suggesting that those If those buses run down streets other Import quota. The removal of sugar from the not participating in the debate aren't work­ than Flatbush Avenue-streets that are list of items eligible for duty-free imports ing. And there are fears that cameras would primarily residential-there will be an from certain countries would also help re­ "zoom in" on congressmen who had dozed even more serious impact on the neigh­ duce the supply and, thus, improve prices for off. borhoods. domestic producers." For the most part, these fears are un­ While Illlnois produces little beet sugar founded. Even so, the "benefits of broadcasting In view of this massive intrusion on commercially, the sweeteners produced from far outweigh these considerations, whether the Flatbush Avenue community, it is in­ corn have growing economic importance to valid or not. credible that the Parlt Service made no the Number One corn-producing state, Steele Consider the experience of 44 state legis­ effort to determine the impact of 1,875 said. latures which now permit radio and televi· buses daily on air pollution and life in "We estimate that 25 percent of the corn sion coverage of their proceedings. Ac­ the surrounding neighborhoods. sold off Illinois farms, about 200 million cording to a. recent article, most television No wonder Marine Park, Flatlands, bushels, goes into wet milled corn industry coverage of state legislatures has pro­ Wlhich is the base for the rapidly developing duced a change for the better. According to and other nearby communities are up in sweetener industry. Our information indi­ the article: arms at the Park Service plan. No wonder cates that more than 25 percent of the cur­ ( 1) Television coverage has made voters they have stopped seeing the promise of rent sweetener market comes from corn. aware of the issues being debated by their May 19, 1977 EXTENSIONS OF REMARKS 15679 state representatives. One Nebraskan con­ ent'' on rollcalls Nos. 265 and 266, the ber of questions about what might happen fessed that he was as addicted to watch­ two amendments considered under these if the form of airline regulation were changed ing the legislature in action as some peo­ conditions before the Committee finally or if regulation were abandoned complete­ ple are to soap operas. realized the futility and irresponsibility ly." (2) Far from hurting the image of legis­ The editorial adds: lators (as some congressmen fear), tele­ of the situation and suspended further "Before those who make the laws go off vision coverage has tended to increase public consideration of the 'bill. While this was and legislate a vital industry out of existence confidence in the competence of their elected the first time in my years in Congress perhaps it would be wise for them to read represent atives. This reaction is similar to that I have voted "present" on a matter the GAO report in its entirety. The GAO the public's positive response to members of of substance, under the circumstances I actually supports the airlines in what is al­ the House Judiciary committee during the believe it was the only responsible vote ready known to be necessary to restore earn­ lmpeachment hearings of 1974. Of course, I could cast. I fervently hope that the ings in the industry. It does not support de­ the purpose of television coverage is not to House will not allow this kind of legisla­ regulation as many contend." enhance the reputation of incumbents. But tive chaos to occur again. Above all, adds the Air Line Pilot, Congress at least this should dispel the fear that "should not dismantle an industry under the legislators must look like Robert Redford. or guise of promising lower fares. This is a sound like Richard Burton to come across cruel hoax which should not be perpetuated well on the television camera. any further." MIXED BLESSINGS OF (3) Television coverage has improved decorum and the style of debate in state DEREGULATION legislatures. In Florida, legislators dress bet­ ter and don't gobble sandwiches during de­ HON. JAMES ABDNOR WARREN McELENEY OF CLINTON, bate anymore. A Southern state senator ob­ IO\VA, GIVEN TIME MAGAZINE served that representatives had "put their OF SOUTH DAKOTA QUALITY DEALER A WARD best foot forward by removing them from the IN THE HOUSE OF REPRESENTATIVES desks." Thursday, May 19, 1977 (4) The substance of legislation has im­ proved because of the presence of the elec­ Mr. ABDNOR. Mr. Speaker, those of HON. MICHAEL T. BLOUIN tronic eye. In Connecticut, bills are debated us who want to get the Government out OF IOWA more thoughtfully because members pre­ of the business of interfering with busi­ IN THE HOUSE OF REPRESENTATIVES pare themselves better for floor debate. Far ness as much as possible, readily admit from encouraging "grandstanding" and Thursday, May 19, 1977 demagoguery, the presence of microphones we are between a rock and a hard place when it comes to deregulation of the air­ Mr. BLOUIN. Mr. Speaker, the Na­ and television cameras have created an at­ tional Automobile Dealers Association mosphere of serious deliberation. lines-particularly if we come from rural States. We acknowledge there may be and Time Magazine are today honoring Currently, the House is conducting an one of my constituents who has been experiment of live television coverage of its some rate cuts for the larger air markets, but we fear these might be at the expense chosen as one of two national repre­ floor debates. The coverage is being trans­ sentatives of the Time Magazine Quality mitted on a closed circuit hookup to Con­ of losing all service to smaller markets. gressional offices in the Capt tol and a tele­ Concerns of South Dakota communi­ Dealer A ward program. vision room in the Sam Rayburn office build­ ties were recently expressed in this edi­ Mr. Warren McEleney, who own~ and ing. As a sponsor of a bill calling for regular torial published May 9, 1977, in the Wa­ operates an automobile dealership in broadcasting coverage of House floor de­ tertown, S. Dak., Public Opinion: Clinton, Iowa, was one of two national bates, I hope this experiment will be suc­ representatives chosen recently by DEREGULATION As Am FARE REDUCER CALLED cessful. It is time for Congress to set aside judges at the University of Michigan its foolish fears and adapt itself to the HOAX needs and realities of the electronic age. Watertown's City Council took a praise­ Business School. The program, which worthy step when it joined the chorus op­ honors individuals who are outstanding posing deregulation of the nation's airlines leaders in both the auto industry and by adopting a resolution urging that two de­ their communities, is jointly sponsored EXPLANATION OF VOTES ON regulation bills now in the Senate be de­ by Time and the National Automobile AMENDMENTS TO H.R. 10 feated. Coincidentally, Huron's City Com­ Dealers Association. mission expressed the same viewpoint the A native of Clinton, Mr. McEleney same evening. HON. GERRY E. STUDDS From South Dakota's standpoint dereg­ joined his family's dealership in 1946 as ulation appears to hold promise of diminish­ parts manager. He was named sales man­ OF MASSACHUSETTS ed, deteriorated service. There are a relative ager in 1949, and became the dealer­ IN THE HOUSE OF REPRESENTATIVES few who support it but the great bulk of in­ operator in 1951. Thursday, May 19, 1977 _ formed, authoritative views and opinion is The dealership, which was founded in that it would result in a cutthroat competi­ 1914, obtained the Oldmobile franchise Mr. STUDDS. Mr. Speaker, late last tive situation for the airlines and would in 1926, Cadillac in 1958, Chevrolet in night, during the consideration of H.R. leave vast rural areas with only a vestige of their present service ... if that. 1964, Toyota and Volvo in 1975. :Mr. Mc­ 10, the Federal Employees' Political Ac­ Eleney has led his dealership to many tivities Act of 1977, the House, sitting as One of deregulation's loudest talking points is that it would reduce fares. In reply, factory honors, including a 1974 and the Committee of the Whole House on it has been pointed out time and again that, 1975 Oldmobile Award of Merit for Out­ the State of the Union, found itself in although some fare reduction might come standing Service and two General Motors what I consider to be an unconscionable about at the outset, it could not last because Parts Division Market Builders Awards. legislative situation. With several major airlines would be faced with inordinate rev­ amendments still to be offered, the Com­ enue demands as competition demanded in­ He has been chairman of Chevrolet's mittee adopted, over my opposition, a creasingly more complex schedules and serv­ National Dealer Council twice, chairman motion to cut off all debate on the bill ice. of Oldsmobile's National Dealer Council, and all amendments thereto as of 10 p.m. One such lower-fare report came recently and a member of Cadillac's National This put Members in the extraordinary from the General Accounting Office in are­ Dealer Council. He has served on Gen­ port entitled, "Lower Airline Costs Per Pas­ eral Motors President's Advisory Coun­ situation-a situation which, regrettably senger are Possible in the United States and we have found ourselves in on several cil, is a trustee of the Iowa Automobile Could Result in Lower Fares." Dealers Association's insurance trust and occasions in recent years-in which we However, the Air Line Pilots magazine in were required to vote on complex, sub­ an editorial entitled, "The cruel hoax of de­ a past president of the Clinton Automo­ stantive amendments with absolutely no regulation," points out that 1. the report is bile Dealers Association. time for debate or even explanation. I do not a report "in the usual GAO sense" but An honorary director of the NADA, he not believe that responsible legislating actually an analysis of a. 1972 study by a was president of the association in 1971. can be conducted under these circum­ university economics study, and 2. it was He served on the NADA President's Ad­ requested by Sen. Edward M. Kennedy, D­ visory Committee in 1976, and in 1972 stances. There was no way in which I Mass., author of one of the bills embodying or most Members could responsibly ana­ deregulation. was elected to represent the NADA at the lvze-or even superficially comprehend­ The Air Line Pilot editorial points out that International Organization for Motor the questions upon which we were being the GAO itself hedged the report by saying Traders and Repairers, of which he was asked to vote. I, therefore, voted "pres- " ... but this report does not answer a num- vice president. 15680 EXTENSIONS OF REMARKS May 19, 1977 In community affairs, Mr. McEleney of nuclear energy, I sincerely hope the Presi­ posting of sewage sludge and garbage for is vice president of St. Joseph's Mercy dent's proposals will be passed by the Con­ the production of organic fertilizers. Also we Hospital's Lay Advisory Board, and a gress and implemented and to that end I need the progressive elimination of those urge you to support the ratification of those other energy guzzlers, the centrally over­ past president of the Clinton Chamber of proposals in any way possible to you. heated, overcooled, hermetically air-condi­ Commerce, the Lion's Club, and the Clin­ I particularly favor Mr. Carter's proposals tioned office and apartment buildings with ton Area Development Co. He is a direc­ for penalizing people who drive large auto­ their artificially lighted and ventilated un­ tor of the First National Bank, and has mobiles and/or those small cars which derground parking. The development of pol­ been a member of the city of Clinton also consume large amounts of fuel. It would icies on land use and industrial plant size Planning Commission since 1956. be beneficial in general for our society, par­ and location that are geared to reducing Mr. McEleney is cochairman of the ticularly in crowded urban areas, as well as daily and weekend commuting in favor of YMCA Building Fund drive, and has beneficial in terms of energy to force the re­ stable communities. A revision of the mass­ moval of all cars larger than a Maverick or production, mass-distribution industrial served as chairman of the Clinton County a Mustang and replace them with vehicles structure to reduce the one-way dumping of American Red Cross Fund campaign, as such as Hondas which consume far less containers and cross-hauling of raw mate­ director of the Clinton Community Chest space and fuel. With such small cars it might rials and products is needed, as is a shift from campaign, and as an executive commit­ be possible to return all those "One-Way" petroleum based plastics and synthetics, re­ tee member of St. Mary's High School streets in New York City to the "Two-Way" quiring high production energy, to products athletic building campaign. streets of ten or twenty years ago. made from natural and/or reuseable sub­ In educational affairs, he serves on the I would like to see state and city leaders stances. An end to our "throw-away" way across our nation go beyond the President's of life is mandated by our situation. lay advisory boards of Mt. St. Clare proposals with regard to vehicles such as mo­ Rapidly shifting to solar wind and geo­ College in Clinton and St. Ambrose Col­ torcycles, mopeds and bicycles. Why not thermal energy is necessary. Even the use of lege in Davenport, Iowa and on the raise the tolls on bridges, tunnels and high­ hydrogen produced from water by hydrol­ parents advisory board of St. Mary's ways with x:egard to larger automobiles, or ysis using solar or wind energy should be College in Notre Dame, Ind. automobiles in general, and lower them for considered together with an orderly but He was named "man of the year" in people who use the more fuel efficient two rapid retreat from dependence upon nuclear 1951 by radio station KROS, "outstand­ wheeled vehicles. Free passages migh ts be fission and nuclear fusion. ing young man of the year" in 1952 by granted to those using bicycles and thereby Many, many more possibilities are avail­ consuming no fuel. I would like to see legis­ able, and must be considered, than just the Junior Chamber of Commerce, and lation to that effect and also for the estab­ those outlined in the President's proposals, "boss of the year" in 1972 again by the lishment of special lanes of traffic for the but his are at least a beginning. As a citi­ Junior Chamber of Commerce. mopeds and bicycles. At the present time zen of this great nation I urge you, as a McEleney and his wife, Ellen, who live most of the bridges and tunnels in and leader of the people, to resist the expected in Clinton, have five sons and one around New York City (and most other cities defensive pressures from industry and the daughter. Three of their children are em­ I presume) are closed to such traffic. Laws "profit motive thinking" of others, and do ployed at the dealership; Thomas is sales are needed to change this condition to stimu­ everything you can to implement these strin­ manager of import cars, John is new car late people to use these more fuel efficient gent but necessary laws for our survival. You methods of transportation for commuting must view your role as one of good steward­ sales manager, and Anne is a salesperson. or travel. ship of God's total creation. It is far better I am honored to join NADA and the Far more money needs to be allocated and that we take the money allocated for the Time Magazine Dealers Award program spent on improving existing, and creating new B-1 bomber and put it towards the ideas in recognizing Mr. McEleney's outstand­ new, forms of mass tra:ru;portation. Instead I have mentioned in this letter. ing leadership and success. of money for new highways, give us money Respectfully, for mass transit and enforce its use. ROBERT WM. BUSCH. We also need improved guidelines for "Electrical cogeneration" by factories where A CONSTITUENT'S LETTER ON SUP­ currently wasted heat produced through the normal operation of furnaces and machinery POLITICAL PRISON IN CHILE PORT FOR PRESIDENT CARTER'S would generate electricity for in-factory use NATIONAL ENERGY POLICY and for sale to ut111ty companies. The prac­ tice is already extensively used in West Ger­ many. Detroit must be forced to produce HON. DALE E. KILDEE HON. JOSEPH P. ADDABBO more efficient automobile engines. They al· OF MICHIGAN OF NEW YORK ready have the know-how. Gradual decon­ IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES trol of most energy prices to bring supply and demand back into balance must be con­ Thursday, May 19, 1977 Thursday, May 19, 1977 sidered, but an excess profits tax must be Mr. KILDEE. Mr. Speaker, the former placed on the energy providers to prevent bishop of the Evangelical Lutheran Mr. ADDABBO. Mr. Speaker, I have them from exploiting the situation. . received an articulate and well-reasoned In the change from one source of energy Church in Chile, the Reverend Helmut letter regarding President Carter's na­ to another, whatever the source, extreme Frenz, has asked that churches and in­ tional energy policy proposals which I conservation measures must always be en­ dividuals set aside time this Sunday, believe Members of the House ought to forced. This applies particularly to respon­ May 22, to remember the political pris­ see. sible strip mining of coal and to all forms oners in Chile. The letter comes from the Reverend of nuclear fission and fusion. If our much The litany of the Pinochet govern­ Robert Williams Busch of the St. James­ vaunted technology cannot prevent the mas­ ment's systematic violation of basic hu­ sive pollution of the environment by a "run­ St. Matthews Cooperative Lutheran a-way" oil well in the North Sea off Europe man rights is long. In a country which Church of Ozone Park which is located it certainly cannot effectively solve the even was once a showplace of democracy in in my congressional district. potentially more dangerous problems of nu­ Latin America, the military junta has I think Reverend Busch can best speak clear safety and nuclear waste disposal. Con­ prohibited all political parties including for himself on these matters. Accord­ servation must always take first place in our moderate groups such as the Christian ingly, I insert the text of his letter into considers.tions. Democrats. There is no longer freedom the CONGRESSIONAL RECORD at this point: The budget of the Energy Research and of the press in Chile. Freedom of speech Development Administration must contain and even freedom of thought have been ST. JAMES-ST. MATTHEW'S far more money for research in all types of CO-OPERATIVE LUTHERAN PARISH, solar, wind, geothermal and wave power. severely curtailed. By far the most dis­ Ozone Park, N.Y., April 29, 1977. Money for energy conservation research and tressing element in this repression, how­ Congressman JOSEPH P. ADDABBO research on small unit solar heating and ever, has been the arbitrary arrest and House of Representatives cooling must not be reduced (as is planned torture of literally thousands of innocent Washington, D.C. in 1978 Federal Fiscal Budget) but greatly people. DEAR CONGRESSMAN ADDABBO: I Wish you to increased. I would like to join Bishop Frenz in know that I strongly support President Car­ New no-nonsense solid-waste recycling urging all Americans to set aside time to ter's national energy policy as outlined in his programs need to be enacted at all levels of pray for and remember the victims in speeches during the week of April 21st (as government to conserve production energy recorded in local newspapers) . One excep­ and raw materials and cut down on rubbish. Chile. As a religious nation, we have a tion to this general support is in the area of Money must be allocated for the construction special responsibility to demonstrate our increased reliance upon any form of nuclear of fac111ties burning such rubbish to gen­ concern for those who are oppressed power. With modification regarding the area erate electricity and steam and for the com- throughout the world. May 19, 1977 EXTENSIONS OF REMARKS 15681 With this in mind, I ask that con­ Dr. Baldassare B. Cumella filed a report in the past and they wm be changed in the cerned people read Bishop Frenz's letter yesterday with federal Judge Mark A. Costan­ future, as President Carter now proposes. tino stating that the patient, Josseph Rizzo, After all, these laws are means by which which follows: 69, has shown considerable improvement this country helps shield its families against To: Chrti;uan Churches, Congregations and since the substance was first administered poverty in the event of early death and dls­ Associations of the U.S.A. April 16. ab111ty, and its people in old age. The pro­ DEAR SISTERS, DEAR BRETHREN: Ainnesty According to the doctor, Rizzo is no longer gram will be what the people want it to be; International is preparing a humanitarian in pain from his cancer o! the pancreas, for it will be whatever they are willing to pay campaign for the rescue and protection of which he had previously received pain­ for. 1500 missing and hidden political prisoners killing drugs three times a day. The question increasingly has become a in Chile. After thorough investigations, we Itching and swelling has disappeared and matter of whether the people want a gov­ know that there are still over 1500 political Rizzo's strength has returned to the point he ernment program of retirement insurance prisoners missing in Chile. These are without now takes short walks in his neighborhood, or an outright pension plan in which benefits exception innocent people who were arbi­ Cumella said. are not necessarlly commensurate with their trarily arrested and taken to secret deten­ Last month the court gave attorneys !or contributions over the years. tion centers without a warrant by the Chi­ Rizzo, a retired carpenter, approval to im­ Maybe they want it to be a combination lean secret police DINA. The Pinochet regime port Laetrile from Mexico, but stipulated of both. With the increasing emphasis on in Santiago denies that it arrested any of continually raising the base from which the these people and disclaims any responsibillty that the cancer victim's doctor had to file maximum is collected-an integral part o! !or them. This results in an extreme threat monthly reports on dosages and condition the President's proposal-Social Security to the lives o! those people 'tho have been o! patient. takes on clear aspects of an income-transfer affected by these measures. As a result of At the time of the court hearing, Cumella plan. many eyewitness reports, we have reached testified he thought Rizzo had three to five There is nothing wrong about making the the sad conclusion that most o! these people months to live. Yesterday the doctor said plan more progressive, and that has been ac­ have suffered brutal and inhumane tortures. Rizzo's longevity may have been improved cepted in this country for a long time. Gen­ It must even be feared that some of them a few months, but even 1! that's not the erally speaking, those who are able to earn have already been murdered. case "he will die more comfortably." more expect to pay more. The last investigative report of the ad hoc Laetrile, which is derived from apricot pits, But from its inception, Social Security has Human Rights Commission of the United peach pits and bitter almonds, is legally used been advertised and sold as a government Nations, dated October 8, 1976, proves these in 26 countries. However, the interstate sale insurance system, in which contributions are !acts unambiguously. In light o! this over­ of the drug is banned by the Food and Drug expected to be somewhat commensurate with whelming proof, we Christians ought not to Administration on grounds no evidence has benefits. It, instead, it becomes a means of be silent about the inhumanities in Chile. shown that it can cure cancer. transferring income from the haves to the In the gospel, Jesus Christ demands that Recently, several court decisions have al­ havenots, then it becomes a new welfare we be active on behalf of suffering humanity lowed certain individuals to import Laetrile plan and no longer is an insurance policy. throughout the world. for their personal use but no court has over­ In the long run, one of the most beneficial You may know that I have lived !or many turned the general ban. results of paying for a share of Social Secu­ rity out of general revenues is that it would years in Chile where I served as the Bishop Alaska, Florida and Indiana have author­ of the Evangelical Lutheran Church. Until be competing with other government pro­ ized the use o! laetrile and Indiana also grams for a slice of the budget. And don't I was expelled in October 1975, I founded permits the manufacture of laetrile. And and headed the Committee !or the Defence think that Social Security wouldn't be tough Delaware took a step yesterday toward legal­ competition. That may be the only way some of Human Rights (Committee !or Coopera­ izing it as the State House of Representatives tion and Peace). Because of my experiences o! the more entrenched budget-devouring in defense of human rights in Latin America, passed a blll which would legallze manu­ agencies can be nudged away from the pub­ I have decided to continue my work in this facture, sale and distribution. lic trough. area. Amnesty International, an independ­ In Illlnois, the House overwhelmingly ap­ Social Security is a good plan that can be ent and humanitarian institution, offers me proved and sent to the state Senate a meas­ expanded and changed. It should be ex­ an effective medium to continue the work ure to allow doctors and hospitals to admin­ pected to evolve with needs, and it should be for human rights and dignity which I began ister the substance. changed to meet those needs. It comes down in Chlle. simply to a matter of how taxes are spent I would like to request that you support and how they are collected. But in the mean­ our campaign in every possible way. time no purpose is served in scary talk of With brotherly love and cordial wishes, "RESCUING SOCIAL SECURITY": AN bankruptcy. Yours, EDITORIAL FROM THE MONTEREY HELMUT FRENZ. PENINSULA HERALD VmGINIA HARAHUS PHYSICIAN SAYS LAETRffiE HON. LEON E. PANETTA HELPING HIS PATIENT OF CALIFORNIA HON. CLARENCE D. LONG IN THE HOUSE OF REPRESENTATIVES OF MARYLAND Thursday, May 19, 1977 IN THE HOUSE OF REPRESENTATIVES HON. LARRY McDONALD Mr. PANETTA. Mr. Speaker, one of the Thursday, May 19, 1977 OF GEORGIA great challenges facing this Congress and Mr. LONG of Maryland. Mr. Speaker IN THE HOUSE OF REPRESENTATIVES the Nation at the present time is the pro­ the Baltimore area and especially the Es~ Thursday, May 19, 1977 tection of the social security system. This sex and Middle River communities lost is an extremely complex and crucial mat­ one of the most charming, most active, Mr. McDONALD. Mr. Speaker, as the ter affecting millions of Americans, and and most-loved women in the community proponents of orthodox treatment of yet it is one of the least understood. when an auto accident on May 2, 1977 cancer by cutting, burning, poisoning In a recent editorial in the Monterey claimed the life of Virginia Harahus a continue to man the ramparts, the evi­ Peninsula Herald, this issue of "Rescuing 35-year resident of the Victory villa dence, and the desire on the part of the Social Security" was addressed in a clear area. American public for an alternative con­ and concise manner. I believe it would It is difficult for me to believe that this tinues to swell as does the evidence in benefit Members of the House as well as lady. will no longer be among us, at­ favor of laetrile. In this connection, I the public in general to read this out­ tendmg meetings, encouraging citizen call to the attention of my colleagues standing editorial. action, teaching, communicating and a story that appeared in The Washington RESCUING SOCIAL SECURITY above all caring. Her energy, her good Star on Wednesday, May 18, 1977. The President Carter's recommendation that spirits, and her unceasing interest in all news item follows: $14.1 billion in general revenue be shifted to aspects of community life will be sorely PHYSICIAN SAYS LAETRU.E HELPING HIS Social Security puts the whole question in missed. PATIENT a proper perspective. For recent statements I bring the death of Virginia Harahus The doctor who last month received court about the draining away of the trust funds to my colleagues' attention not ony be­ permission to import the controversial sub­ have frightened people unnecessarily. cause of the tragic loss to the community stance Laetrile has told a federal Judge 1n The Social Security program is not going New York that the cancer patient to whom to go broke. Under the present formula the her life--65 short years-is and will con­ he administered it has shown remarkable system is spending more than it takes in. tinue to be a shining example of what is improvement. But Social Security laws have been changed and my loss of her friendship, but because . 15682 EXTENSIONS OF REMARKS May 19, 1977 best about "being an American." It is Harahus, 65, long-time Essex .area news re­ 8 percent is about the best possible under noteworthy that the news of her death porter, was killed when the car she was rid­ the circumstances. was carried not as a routine obituary but ing in was struck by another vehicle at the intersection of Essex and N. Marlyn Avenues. The employees also express exaspera­ as a page one story by both community The automobile Mrs. Harahus was riding tion with the bureaucracy. As the reader newspapers-the Essex Times and the in traveled about 35 feet and then overturned will note, Government procurement poli­ Essex Avenue. These news reports well before ending up on its roof in a yard nearby. cies frustrate supervisors more often sum up how much we who knew her shall Police attributed the accident to another than provide needed equipment. Will the miss Ginny Harahus, and how much she car, which was traveling south on N. Marlyn Government learn to conduct its opera­ was a part of her community: Avenue, for failure to obey the traffic signal. Driving the car which carried Mrs. Harahus tions more like a business or will we con­ (From the Essex Avenue, May 5, 1977] was Margaret Smith who sustained head in­ tinue to run the world's largest business AVENUE'S GINNY DIES IN AUTO TRAGEDY juries and was transported to Franklin out of a shoebox? The answer to this A tragic car accident Monday afternoon Square Hospital. She received 21 stitches and question may determine the future of the claimed the life of Avenue columnist Ginny her ribs were broken, pollee said. The driver Government. Harahus. of the other car, Clarinda Price, also was The article follows: She and her long-time girl-friend, Margaret injured in the accident and reported possible [From the Washington Post, Mar. 28, 1977) leg injuries. Mrs. Harahus was reportedly Smith of Gyro Drive, were traveling east­ SOCIAL SECURITY: U.S. UMBILICAL CORD bound on Essex Avenue with a green light thrown from the vehicle and died of internal when a car going south on North Marlyn injuries after being taken to Franklin Square (By Haynes Johnson) Avenue driven by Clarinda Price of Foxcroft Hospital. Down a long corridor, behind doors marked Lane struck them broadside in the intersec­ A resident of the Victory vma area since "secured" and "alarmed," stands the center tion. · 1942, Mrs. Harahus had donated her body to of the real world of government today. Quite The car in which Mrs. Harahus we.& riding science. For 14 years she wrote the column, clean, uncluttered, unharrled, not at all the then overturned and traveled. 35 feet on its "Unbound Chatter" for the The Essex Times picture of the bloated bureaucracy so pressed roof. Mrs. Price's car came to rest approxi­ before joining the The Essex Avenue last on the public mind of late. Certainly not a mately 15 feet south of the point of impact. August where she wrote a column entitled world that George Orwell ever envisioned Pollee officers at the scene attribute the "Chit Chat by Virginia." when he conjured up his nightmarish specter accident to the Price woman's failure to Mrs. Harahus was also an active member of an obtrusive, omnipresent government obey a traffic signal. of the Middle River Democratic Club, Back structure where Big Brother was always Mrs. Smith, the driver of the first car, re­ River Chapter 2262 American Association of watching. Not many people there in fact: ceived head injuries and was taken to Frank­ Retired. People, Retired Senior Volunteer Pro­ Just a taint humming sound emanating from lin Square Hospital. The operator of the sec­ gram and the Orems Methodist Church. banks of machines in gray casings. ond vehicle sustained possible leg injury. She received many merit awards, including That is the part of government that never Ginny, age 65 and a resident of Victory a citizen's citation by Baltimore County Ex­ stops, that continues moving on its own mo­ Falls since 1942, joined The Avenue staff last ecutive Theodore G. Venetoulls. Other awards mentum, that grows and changes no matter August. Her popular social column "Chit were from the Middle River Optimist Club, who sits in the White House or occupies the The Salvation. Army Boys Club of Middle Cabinet officer's chair or wins a seat in Con­ Chat" was read and enjoyed by hundreds each River and the Disabled American Veterans, week. gress. It is impersonal, inanimate, faceless­ Free Chapter 16. and indispensable. She was the beloved wife of John Harahus When she was manager of the Aero Theatre for 40 years and devoted mother of Marcia many people took their news articles to her. We are all linked to those machines, and to and John M. Harahus and Helen Wheatley. During her busy lifetime she also found time that system. It is, in a way, the umb111cal For many years Ginny had been quite ac­ to teach music for 15 years at Aero Acres­ cord o! our society, the line that reaches tive in community affairs. She was a member Middle River kindergarten. out and directly affects our lives. of the Middle River Democratic Club, Bo.ck Born in Merigold, Miss. in 1911 she was "Every night we pass every personal record River Chapter 2262 of the American Associa­ educated at St. Agnes Academy for Girls. the we have in our master file through the sys­ tion of Retired People, Orems Methodist St. Agnes College for Women and the Mem­ tem," a government employee explains. "It's Church, and the Retired Senior Volunteer phis Conservatory o! Music in Tennessee. She constantly changing, and all the records are Program. taught English literature for several years kept current and active." In the past she was manager of The Aero in Tennessee. That means the records or 330 million Theatre and a secretary for the Middle River In earlier years she was a world traveler Americans who have received Social Security Democratic Club. Mrs. Harahus taught music but ended her remaining years as a wife, numbers since 1936. Death wlll not keep your for 15 years in Aero Acres at Middle River mother, grandmother in Victory Vllla. basic llfe's story from stopping. Long after Kindergarten. She was the wife of John Harahus, to you yourself have gone, your records will con­ For nearly 14 years she wrote for The Es­ whom she was married for 41 years, and is tinue actively whirring through the Social sex Times, formerly The Eastern Beacon be­ survived by d·aughters, Marcia Harahus and Security system's computers. fore she became associated with The Avenue. Helen Wheatley; son, John M. Harahus; 8 With a Social Security number we can tell Kimbel Oelke, publisher of The .Dundalk grandchildren and two great-grandchildren. your name, your father's name, your mother's Eagle, said of Ginny, "Shew~ an asset to the name and her malden name," the employee community, a women really dedicated to her says. "We can tell your date of birth, your people." place of birth, where your Social Security Ginny received many merit awards from card was issued, your address at the time various organizations in the community­ U.S. UMBILICAL CORD your card was issued, your phone number at from the Middle River Optomist Club, The that time, your race and your sex. If you Salvation Army Boys• Club of Middle River, never do anything else, we'll have that infor­ and the Disabled American Veterans, Free HON. MARTY RUSSO mation on you. State Chapter 16. Recently she was awarded OF ILLINOIS "If you go to work we'll know when and a Citizen Citation by Baltimore County Exec­ for whom you worked. We'll know when you utive Ted Venetoulls. IN THE HOU~E OF REPRESENTATIVES changed jobs and what the address o! your Mrs. Harahus was born in Merigold, Mis­ Thursday, May 19, 1977 employer was, and how much money you're sissippi in 1911. She was educated at the St. making. It's all on magnetic tape, all your Agnes Academy fQr _Girls, the St. Agnes Col­ Mr. RUSSO, Mr. Speaker, today I am earnings records. We've got it. We can tell lege for Women, and the Memphis Conser­ inserting the second article from Haynes if you're married, divorced and have chil­ vatory of Music in Tennessee. She taught Johnson's series on the problems in the dren under 18. If you go on Medicare, we English literature fol' several years in Ten­ Social Security Administration. The fo­ can tell what drugs you're taking and what nessee. cus today is upon the computers that your medical bills are. We can also tell your The newspaper staff deeply mourns Ginny's make the system possible on such a large doctor's name and his address. sudden death. Memorial services for her will "The flle wlll show evidence o! when you scale and the people who bring humanity died, and how you died., and from what, and be held on Sunday, May 15 at Orems Metho­ to dist Church at 7 pm. In lieu of flowers con­ the bureaucracy. where you're burled. We have better, more tributions may be made to the American Can­ Computers have made our Social Se­ complete records than IRS. And today we cer Society. curity System possible, but these ma­ have a better record on who your employers chines have also created many problems are than mS--who the corporate officers are, (From the Essex Times, May 12, 1977] for the System. When the supplemen­ who stockholders are. "Where you're standing now comprises the WROTE "UNBOUND CHATTER": GINNY tal security income-SSI-program was largest computer operation in the free world. HARAHUS, FORMER TIMES CoLUMNIST, DIES started in 1974, the computers were mis­ That excludes our intelligence agencies-and IN CAR CRASH programed, resulting in overpayments the Russians. Now you can see why we don't While driving to a shopping center on approximately $2 billion. Even now, ex­ let people in here. It needs to be kept con­ Monday afternoon, May 2, 1977, Virginia perts admit that an error rate of around fidential." May 19, 1977 EXTENSIONS OF REMARKS 15683 This story is not about the potential abuses perlence with administering a new federal But Social Security could not !unction on o! that information system, but a small aside welfare program for the nation's aged, blind its present scale if the government didn't is in order. and disabled. rely very heavily on computers. Inevitably, I had walked into a New York Social Se­ In its first two years of operation, starting that dependence will be greater in the future. curity office and found the person in charge in 1974, Social Security overpayments in the Fine and well. But now another kind of exceedingly edgy. The FBI was there, inter­ Supplemental Security Income (SSI) pro­ shock is setting in at Social Security. To viewing one o! his employees. It turned out gram were totaling about $2 blllion. In addi­ quote Cardwell again: the employee had been running a racket. He tion, diftlculties in dealing with welfare case "You hear people say they fear computers was selling Social Security cards to illegal loads !or the first time caused serious morale will start talking to each other and do ter­ aliens and others who wanted a new identity. problems in Social Security offices across the rible things to us all. It is spooky, and it's Because he had access to the computer sys­ country. very complex. I think managers most every­ tem, and knew how to use it, he would sum­ "We're still in the backwash o! that shock," where today do not have full control over mon up names and numbers o! people who Cardwell says. "The error rates are going computers. Just as you don't have full con­ had died. down a little bit, the program's coming under trol over your automobile. You can start it Then he would type those names and num­ control. But I have to tell Congress it's about and stop it, steer it apd drive it, and that's bers on Social Security cards-stolen from as low as it's going to get. In a program like about it. You'd have a. hard time converting the office-and sell them at the highest price this you have to face up to the fact that its load-carrying capacity, and you'd have a on the underground market. By the end of at any one time at least 15 per cent of the helluva time repairing it when it broke the day, the employee had confessed. Case payments are going to have something wrong down. closed. "But it shows you," the office man­ with them. And the Congress, at this stage, "Managers now are in the same position ager said, "that the opportunity is much won't accept that." vis-a-vis the computers. They don't know greater now for someone who knows the Beyond these agency failures, Social Secu­ enough about them to make them do what computer system, and who can use it, to rity faces more general problems that aftlict they want, so they have to rely on someone abuse it." virtually every government agency today. who says he does. That's like yo".ll' reliance The problem with Social Secut:itY is not Bureaucratic tangles arising !rom new laws on the automobile mechanic. You're learn­ corruption, although public and press focus creating new and increasingly complex pro­ ing more and more he probably doesn't know more extensively on that aspect o! govern­ grams, changes in attitudes about work itself how to do it. The same thing is shoWing ment than any other. Its problems are far among employees, the rapidity with which up in the computer business." more complex and critical. new tasks are given to the agency by Con­ The most vivid recent example of com­ Simply put, the basic question is: will gress, which in turn is reacting to ever-ris­ puters going awry--or, to put it another way, Social &>curity, the agency that most directly ing public demands !or more government ac­ o! those operating them misusing the ma­ touches the lives o! most Americans, continue tion for more and more groups-all these chinery--came in Social Security's traumatic to perform its mission well? That is no longer are among them. experience over its SSI welfare program. clear. Other questions ftow quickly !rom that. Social Security is typical in another sense. Computers were spewing out erroneous in­ Can Soclnl Security effectively manage its It has grown and grown and grown. Not so formation resulting in massive over- and complex machinery and its people, given the dramatically in its number o! employees, al­ under-payments. That led, in turn, to what rapid changes affecting them both-complex though 84,000 now work for it, but in the became at times violent reactions from a changes in technological requirements and space required to do the job. That's what public caught in the maw o! the machines. in attitudes of government employees about government is all about, too. Overall, federal It still takes more than machines to run their jobs? Neither is clear. government growth has been more in build­ the U.S. government-and the Social Se­ Has the agency been asked to do too much? ings and dollars than in people: the federal curity system. There, the complaints are Has government been trying to do top much? civ111an work force has remained almost con­ clear. People who work for the agency ex­ Has anyone a real solution to the present stant for a generation while the money it press frustration with their jobs, weariness self-defeating process by which government spends and the space it occupies have multi­ with bureaucratic idiocies, anger at being chokes on government-inspired red tape and plied beyond reckoning. asked to take on more tasks than are rea­ regulations? Twenty-four years ago the Social Security sonable or possible. It isn't that they are These are not esoteric questions. They go Administration moved its national head­ incompetent or uncaring. It's the depth of to the core o! any look at government and quarters !rom downtown Baltimore to the their feeling and their essential belie! that the bureaucracy today. And they raise again suburbs. You can chart its great changes give special weight to their words. the harder question--does a change in na­ since and see how government has grown by A top-level administrator, a soft-spoken tional leadership make any real difference? merely looking at the Social Security com­ person with years of distinguished govern­ Social Security provides a case study o! how plex in suburban Woodlawn. The agency ment service, voices a common emotion: increasing pressures can adversely affect one now occupies 19 buildings there, eight of "I can really understand a :federal omcial o! the most vital and best-established gov­ which the government owns, the others ignoring poor performance instead of fac­ ernment agencies. leased. Some 20,000 employees work in that ing up to it and trying to do something about Let it be said that SOcial Security em­ self-contained government city. They are it. While it's possible, it's not highly likely ployees, from the highest executives down, ants in the U.S. factory. that he's going to be successful, and even are remarkably candid and open in conced­ Now a 20th building is going up at Wood­ 1! he is successful it's going to consume ing their mistakes and discussing their prob­ lawn. It will be the biggest of them all. When hundreds o! hours of staff time. I've seen lems. That is a tribute both to the quality completed, it will contain 350,000 square feet the most piddling cases around here that o! the employees and to their agency's long o! space. It will become the first building ever have consumed-well, in my opinion, just tradition of excellence in public service. designed and constructed solely !or com­ scandalous amounts of staff time. Almost without exception they wlll tell puters. "For example, we have appraisal forms you that public confidence in the agency has which I think are just atrocious. A person eroded signlftcantly-and that they have When Social Security was being created is rated on abillty and productivity and lost confidence in how effectively they per­ back in the New Deal days, some of its early oral communications. I just ignore them form their jobs. leaders studied the way the English civil by never making any out." "Most o! this decline occurred in the three service maintained its records. The most they The middle-level bureaucrat, who worked years that I've been there," ruefully says were able to keep track of, the British advised his way !rom the bottom in Social Security Bruce Cardwell, the commissioner o! Social the Americans, was 3.5 mlllion individual and always felt great pride in its mission, Security. "In the last three years the agency records. The Americans' experiment with tells of going to a conference of agency has kind o! been beaten down. It's had some Social Security could never succeed: it was office managers from around the country. He outright !allures, !allures it can't alibi. And too large an undertaking to maintain on was supposed to explain the latest way to they were probably the first !allures in its paper. For years, all of Social Security's compute widows' benefits. "They all laughed experience. When you fan at something, par­ records were written on paoer and kept on at me," he said. "It just cries out !or a need ticularly when you've always been successful bamboo strips. Huge tubs. filled with bamboo to simplify the Social Security laws. It's and you're proud o! your record, it hurts. It strips, were everywhere. Then came the com­ enough to make you go bananas." puter. hurt me." The manager, a lawyer by training, reflects By that, he refers speclftcally to Social Se­ With typical American confidence in tech­ on the changes in the manuals given to work­ curity analysts• failure to anticipate the nology, our God of the Good Life. the com­ ers dealing directly with the publlc: "When true tong-term cost o! their system. It now puter held the key to the future. Oh, yes, the I think o! a GB-9 or GB-11 responding to appears that without huge increases In pay­ world of the computer wasn't perfect: every questions from the publlc about these pro­ day tapes o! records get misplaced in Balti­ roll tax rates 1n the future, possibly as high grams, I say to myself, 'My God, I couldn't more, and sometimes lost. But a master set is as 50 to 75 per cent, Social Security won't even answer them myself and I've been work­ be able to pay promised benefits. That has kept, under tightest security, in a limec;tone ing as a lawyer !or m ... ny years.'" led to headlines about Social Security going cave in Pennsylvania. And, it wact recoenil1"ed, broke, and citizen !ears about an impending computers came with other bu1lt-in llab111- The veteran administrator, who looks out crisis threatening retirement and other ben­ t1es: they contributed to citizens feellng in­ at the bureaucracy of which he is a part, efits. creasln~Iv removed !rom their government. says: The second notable failure, examined 1n Orwell's Big Brother now seems more than a "One o! the things I see about the bu­ yesterday's article, was Social Security's ex- distant fictional phantom. reaucracy is its capacity to accept mediocrity. 1568-1 EXTENSIONS OF REMARKS May 19, 1977 Maybe all institutions do this. The average pace with the changing fabric of the Ameri­ strict controls on an industry not subject manager in the government at the upper­ can work force. to the usual market forces of supply and management levels is today, and has been Just take the union movement. The gov­ for a long time, dissatisfied with the system ernment doesn't know anything about gov­ demand, it will cause far more problems for hiring, for placing workers. Most of them ernment-management relations. It'd made than it could ever hope to solve. Simply think it's terrible. You'd find very few who one mistake after another. Today a super­ limiting the number of treatments a hos­ would compltment it. visor of 100 people doing repetitive work pital can perform in order to live within "Take that same group of people and ask should know something about management­ a fixed budget will not limit the number them how the government procures and uti­ labor relations. He should know something of people who have heart attacks or de­ lizes office space and they'd all just scream, about how to motivate people, why people velop cancer within the fiscal year. While 'It's terrible, terrible. It's excessively compll­ behave as they do, know something about some of the surgeries and other treat­ cated, excessively expensive, excessively slow. the process for dealing with disciplinary It's wasteful.' There's a whole host of criti­ problems. It's very complex. He isn't up to ments performed in the hospital setting cisms. Ten years ago if you asked them that his job. And he isn't up to his job because can be considered elective, one cannot you'd have gotten the same answer as today. the people you can hire for those salaries ignore the fact that emergencies and They believe that 10 years from now they'll haven't been prepared for those jobs. nonelective surgical cases comprise a far still give the same answer. They don't see I'm not trying to indict anybody but I larger proportion of the hospitals case­ themselves as having any responsibility or really think it's a very serious problem. And loads. If H.R. 6575 is enacted, hospitals any opportunity to do anything about it. it's a problem we're really going to pay for may be forced to ration the number of "In fact, what they're doing is to condi­ downstream. elective surgeries they can accommodate tion themselves to survive those shortcom­ ings. They're constantly patching and repair­ in any fiscal year. The long waiting lists ing." for nonemergency procedures, such as the These are among the reasons why Cardwell implantation of heart pacemakers-a Will reflect on his agency's problems and say: HOSPITAL COST CONTROLS: THE fact of life in England and other coun­ "Where it comes out is this: everybody's WRONG MEDICINE tries which practice socialized medicine­ got to hold onto that ledge just a little will become a reality here. longer. It's 20 stories below and you're dead Aside from the effects that such legis­ if you fall. So you just hang on as long as HON. PHILIP M. CRANE you can." 01' ILLINOIS lation will have on hospital care, H.R. IN THE HOUSE OF REPRESENTATIVES 6575 is an unworkable bill because it CARDWELL: VIEW FRoM THE ToP places controls on the total costs of the Thursday, May 19, 1977 product without controlling the prices As commissioner of the Social Security Administration, Bruce Cardwell oversees 84,­ Mr. CRANE. Mr. Speaker, last week paid for the supplies and services which ooo federal employees working across the the Health Subcommittee of the Ways go into that product. In a statement I country. Their jobs more directly affect the and Means Committee and the Health made here 2 weeks ago, I enumerated lives of more Americans than those of any and Environment Subcommittee of the the factors which affect hospital costs, other federal agency. In this segment of a Interstate and Foreign Commerce Com­ many of which are beyond the control conversation with Haynes Johnson, Cardwell mittee held 3 days of joint hearings on of the hospitals themselves. These in­ gives an appraisal of his agency today: H.R. 6575, President Carter's proposal to clude the costs of drugs, food, taxes, No other agency has enjoyed a better rep­ utilities, malpractice premiums, and sal­ utation for general efficiency of operation, place a 9 percent cap on hospital costs. sensitivity to the public interest, than Social During these hearings we heard testi­ aries for hospital employees-costs which Security. The image always has been it was mony from more than 50 individuals and can increase more rapidly than the CPI. an agency that had a considerable esprit, a organizations on the reasons behind In the last decade the Congress has good feeling about itself, a healthy self­ escalating hospital costs and the effects enacted legislation that has been re­ respect. I don't think that's any longer true. H.R. 6575 would have on the delivery of sponsible for increased utilization of I don't want to be pessimistic about it, but health care. hospitals-medicare and medicaid; pro­ I doubt that it's healthy today. I am deeply concerned that by fixing moted hospital construction-Hill-Bur­ I think what is occurring Is the result of ceilings on hospital revenues and capital ton; and created an actual surplus of a multiplicity of very complex developments expenditures, this proposal would lead to medical personnel-health manpower in and around the agency. One of them is training programs. Watergate, and the general public dislllu­ a rationing of health care and a decline sionment With and cynicism toward govern­ in quality. With a population that is Congress has also created an alphabet ment in general. Others involve such things growing older, acquiring greater health soup of regulatory bodies in the health as the rapidity with which new assignments insurance coverage, and demanding the care field such as URO's, PSRO's, and have been given Social Security; the com­ best care and latest technology available, HSA's, with frequently overlapping ju­ plexity of those Msignments, the failure to it is inevitable that greater demands w111 risdictions and responsibilities. By now appreciate the complexity of those assign­ be made on our health care system each it should be apparent that Government ments by the agency itself and by the people year. A plan which sets a limit on total who made those assignments in the legisla­ involvement only increases the costs of tive and executive branches. expenditures for hospital care, without medical care without providing any taking into account such variables as un­ But also there's the theoretical-and to benefits which could not be realized me, it's not theoretical, it's real-change in controllable costs for supplies and serv­ without such paternalism. the attitude of the American work force to­ ices or changing utilization patterns, Rather than adopt piecemeal legis­ ward what they want out of and from work. cannot help but adversely affect the lation to increase Federal control and The concentration of so much of the agen­ ability of hospitals to meet consumer de­ expenditures, which I regard as nothing cy's work in urban areas----and I've got to mands for medical services. but an attempt to enact national health be careful how I say this because it could By cutting yearly capital expenditures insurance through the back door, we seem offensive to a iot of people-but it's by the Nation's hospitals in half, H.R. should make a thorough examination of highly probable that these urban areas no 6575 will prohibit much-needed renova­ the value of the legislation already on longer produce through their educational tion in our older hospitals and expansion systems workers who are really qualified to the books. We cannot hope to learn do the work required. Yet they're the only in our growing suburban hospitals. The from our mistakes by compounding workers you have. And those workers have acquisition of lifesaving equipment such them. now been mixed in with the original work­ as coronary care and burn treatment In an editorial from the Wall Street ers. Today, they're probably dominant. They units, CAT scanners, and other new de­ Journal of May 18, some of the reasons just behave differently about their work ... vices will be severely restricted if this pro­ why H.R. 6575 is doomed to failure are Then the federal classified system-how posal is adopted. While there may be you pay people, what you call them, how outlined. For the benefit of my col­ some areas of the country with more than leagues, I include this editorial in the you title them-which was devised many enough hospital beds and the latest in years ago and reached its peak in the 1940s medical technology, there are many areas RECORD: and 1950s-hasn't changed. It hasn't kept BAD FOR OUR HEALTH pace with these demands. Agencies like So­ where large capital expenditures must be President Carter's proposals for controlling cial Security have a problem because that made to maintain standards of medical hospital costs probably aren't going far 1n outside system determines what salaries they quality, not to mention improvements re­ Congress and that is just as well; they're can pay, whom they can pay, what titles quired to meet Federal, State, and local the wrong medicine. they can apply. The general working con­ regulations. The President proposes to put an 8.3% ditions under which they work have not kept Because H.R. 6575 attempts to impose limit, of sorts, on the annual rise in reve- May 19, 1977 EXTENSIONS OF REMARKS 15685 nues of acute care hospitals and also Unlit broil the HSAs in litigation and controversy Boquillas Canyon was picked as the site, capital outlays above $100,000. In that way with hospitals and doctors. And in some since it is one of the three most inaccessible he would hope to bring government's sharply states, where the main focus has been to try areas in the nation, the others being the rising Medicare and Medicaid costs under to control Medicaid costs, arbitrary controls Snake River Canyon and the Grand Canyon. better Control. and ceilings have contributed to nursing The adventurous, dashing, debonair, former At the present rate of growth, these two home bankruptcies, a dubious contribution Marine challenger of the 44-year-old Dayton programs will cost the federal government to the efficacy of American health care. editor is Gordon Fowler, s::m of the late $30 billion in fiscal 1978, a rise of 13% Direct controls simply will not work. And A us tin chill tycoon Wick Fowler. from. the current year. Hospital costs, rising since they won't work, neither will "national Rosenfeld, whose paper is a member of the at 15% a year, are a major reason. About health" in the sense that it bas been envi­ Cox Newspapers group that also owns the 4:5% of all hospital bills are paid by govern­ sioned by Senator Kennedy ·and others, ac; a American-Statesman, reportedly is sending ment. blank check for unlimited care-that" is~ un­ Kessler as a stand-in because he is wary of But the Carter proposals fail to address less Congress is willing to face up to a fed­ floating down the Rio Grande with its deadly the underlying cause of rising hospital eral budget deficit of $150 billion or c;o. rapids and sheer canyon walls that might be costs-they are rising so rapidly largely be­ So the choice is open. Congress can go along lined with angry Texans seeking revenge for cause there is insufficient restraint on de­ with somethipg like the Feldstein proposal the column. mand. About 92% of all hospital bills are and bring costs under realistic control •at Once the canyon is entered at the small paid by some third party, either the gov­ some political price. It can adopt the Carter town of Boquillas, there is no way out until ernment or private insurers. The incentive proposal and plunge deeper into the morass. the Rio Grande has cut its way through the for the patient and his doctor is not to econ­ Or it can continue to let matters drift. We Sierra del Carmen escarpment. omize on hospital usage b~t to make the suspect it will choose the latter: It should The Rio Grande (or Rio Bravo del Norte, to most of the fact that insurance will pick up be obvious that it could 'do a lot worse. Mexicans) cuts through three major canyons most of his bill. in Big Bend National Park. Santa Elena No one in particular is to blame for this, Canyon and Mariscal Canyon are upstream although it is not overly harsh to say that TEXANS WILL PREVAIL AGAIN IN from Boquillas, which means "little mouths" past administrations and Congresses should CHILI WAR in Spanish. have given more thought to designing health The river seems to flow into a little mouth care policies that would have been less in­ in the majestic cliff of the Carmen Moun­ flationary. Not only did the sharp rises in de­ HON. J. J. PICKLE tains. The Rio Grande then rages down a mand under Medicaid and Medicare raise narrow slit with vertical, 1,650-foot walls on OF TEXAS prices but the government also has encour­ both banks until it exits two days later on aged, through its tax policies, the present IN THE HOUSE OF REPRESENTATIVES the other side of the escarpment. broad coverage of private insurance. Econo­ Thursday, May 19, 1977 Rosenfeld was b::Jrn in New York City, but mist Martin Feldstein of Harvard estimates he moved to Texas. He attended the that tax deductions for health insurance Mr. PICKLE. Mr. Speaker, in what has University of Houston and was a reporter premiums lower the cost of such insurance been labeled as one of the remotest spots for the Houston Post from 1953-67. Thus some 30% from what it otherwise would be. in the United States, this Saturday Tex­ Fowler feels Rosenfeld actually knew the The answer to the cost inflation problem ans will again prove their ability to pre­ truth about the true cblli when he betrayed is not as complicated as many people \vould pare a better bowl of red than anyone his Texas heritage by calling a strange con­ like to make it sound. Hospitalization is dif­ coction in Ohio by the name of chili. ferent from other services in that treatment else. On this occasion, at the Lower Can­ An expedition of 30 persons w111 enter is often a matter of life and death. But yon area of the Rio Grande, the Texas Boquillas Canyon on rafts May 20 for the it is not radically different in economic chili-heads will annihilate the challenge daring trip. The chili cookoff will occur half­ terms. Mr. Feldstein, one of the most persua­ from some Ohioans who claim, believe it way through the canyon. It will be dedicated sive experts on the subject, makes a convinc­ or not, that chili began in the Bu-keye to the late chilibeads Wick Fowler, Hondo ing case that with patients paying a sub­ State. And even more preposterous, these Crouch, H. Allen Smith, all of Texas, and stantial portion of their bills out of pocket-­ midwesterners put butterbeans in their Wino Woody DeSilva of California. Texas up to, say, 10% of their annual income­ chili. Land Commissioner Bob Armstrong will be and insurance picking up only the rest, among the judges. medical costs would soon come under the In all modestv, I am an acknowledged The winner of the cookoff will be relayed rigorous control of supply and demand. "gourmand de chili" as my recent first­ by carrier pigeon to press headquarters in Any politician, however, can see political place ranking in the congressional chili Boquillas, Mex. liabilities in this. Politicians have been prom­ con test will attest and I am truly sorry ising the nation "free" medical care for that I will be unable to attend the LOWER CANYON CHILI WAR SET so long that there is a pervasive belief that momentous event. I am enclosing a cou­ AUSTIN, TEX., April 21, 1977.-A statement such a thing exists-that doctors and nurses ple of objective articles by well-seasoned presumably can be made to work for nothing made by a newspaper editor in Dayton, Ohio, and that X-ray machines can be had for a observers of the chili wars, Nat Hender­ that appeared in the Austin American­ song. Rather than control costs by re3ort to son of the Austin American and the Statesman, about the origin of chili has co-insurance by the patient, government is Caliente Chili Co., owned and operated prompted a Texas-Ohio challenge to settle willing to try almost anything else. by the late Wick Fowler's family: the question. The remark was written by Arnold Rosenfeld, editor of the Dayton Daily Unfortunately, innovative attempts to TEXANS ARE HUNGRY FOR CHILI REVENGE News. He said that "Chili originated in Ohio, avoid reality have come a cropper. President (By Nat Henderson) Nixon established federal subsidies to pro­ and throughout this great land is associated mote Health Maintenance Organizations, A turncoat Texan residing in Ohio will almost exclusively with Ohio." which he hoped would bold down health send an emissary deep into Boqu1llas Canyon The statement has drawn sharp criticism costs by competing with existing forms of in Big Bend National Park May 21 to answer from Gordon Fowler, President of the Cali­ health care delivery. But liberals in Con­ a cookoff challenge for the most remote pot ente Cb111 Company, headquartered in gress loaded the HMOs up with so many fed­ of chili in the world. Austin. The provocateur of the never-before­ eral requirements that they have bad difficul­ equaled cookoff is Arnold Solomon Rosenfeld, Fowler insists that ch111 originated in ties achieving their supposedly inherent ef­ former Houston Post newsman who defected Texas and that Texans know how to cook ficiencies. Congress established Professional to the Detroit Free Press before becoming it better than anyone, anywhere. Standards Review Organizations, which were editor of the Dayton (Ohio) Daily News. He bas challenged Rosenfeld to a chili supposed to enlist doctors to review the pf'r­ cookoff in the Lower Canyon area of the formance of their peers in spending federal Rosenfeld, who wrote an April 8 "Guest Viewpoint" column in The Austin American­ Rio Grande on May 21. The contest will money. But doctors don't much like that Statesman alleging that chUl originated in produce the most remote pots of chili ever line of work, so that only about half the pro­ Ohio instead of its authenticated birthplace ccoked. posed number of PSROs have been formed. in Texas, personally wlll not do the dastard­ Billed as the "Lower Canyon Chili War," It is doubtful whether even those exert much ly deed of disturbing the international tran­ the event will be held in honor of the de­ effective control on hospital utilization by qu1lity of the desolate canyon. parted Texas chiliheads such as Wick Fowler, doctors. He is dispatching one of his reporters, Hondo Crouch, H. Allen Smith (the original Now Mr. Carter is falllng back on that last Mike Kessler, as the chef who will sabotage Yankee), and Wino Woody DeSilva. Judges resort of failing government policies, direct the omcial state dish of Texas by tossing will include Texas Land Commissioner Bob controls. But there are all sorts of flaws, real butter beans into a pot of what otherwise Armstrong, Bill Neale of Point Communica­ and potential, in the ceilings. For one Thing, might approximate real chili. tions in Dallas, Richard West, senior editor they would permit non-supervisory wage in­ Numerous Texas chill buffs were so in­ of Texas Monthly, Larry Mahan, and Xavier creases to be passed through. The idea of censed by Rosenfeld's allegations in the col­ Tolbert. Frank X. Tolbert of the Dallas controlling capital expenditures already is umn that he was challenged to cook the Morning News, and Dick Hltt of the Dallas being employed by federally sponsored most remote pot of chili in the world, and Times Herald are scheduled press attendees. Health Systems Agencies 1n a number of somehow attempt to make it better than the Gary Cartwright, noted Texas author, will states; the main effect seems to be to em- pot the true Texans will cook along side it. also be on hand. 15686 EXTENSIONS OF REMARKS May 19, 1977_ A number of celebrities are being invited the biggest bargain in town. Mrs. Roy did it our laws on this subject have not been as well, including Farrah Fawcett-Majors, by watching her program wisely, and the carried out. In 1972 in my own State of Walter Cronkite, Darrell Royal, Ann-Mar­ reward for her shrewd managing was giving garet, Elizabeth Taylor, Dan Rather, John her "customers," as she calls them, steak. It Tennessee we enacted a law requiring Chancellor, Harry Reasoner, Hughes Rudd, was the second time she served steak, the that handicapped children be given the Nat Henderson, and Richard Nixon. first time was also at McAdory, two years ago. opportunities for education which may Fowler noted that the cookoff marks the "The students used to kid me and ask when be called for by their particular disabili­ tenth year since the Texas vs. the Rest-of­ we were going to have steak. So we did," Mrs. ties. I regret to say that the law has not the-World chili wars started ir.. Terlingua. Roy says. been fully funded, and its good inten­ He remarked, "Seems like every ten years "We've had everything that we can cook tions have yet to be realized. In fact, it we have to set some Yankee straight on this here. When we get in a rut we try to have took a suit filed by legal services of . matter." something different. The steaks really The location for the cookoff is one of the brought us out of it." Memphis to get compliance with this three most inaccessible areas in the United Her secret? Just caring about kids. law. States. The others are the Snake River and "I enjoy my job and get a lot out of it ... I would like to share with my col­ the Colorado River. It can only be reached so do my employees. Their enthusiasm is the leagues an editorial from the Memphis by means of a two-day raft trip from Boquil­ real secret. They want the last plate they Commercial Appeal explaining the prob­ las, Mexico. serve to look just as good as the first one. lem in the hope that it will bring to the The actual cookoff spot is so difficult to Public relations helps us too. I 'm buddies attention of the House of Representa­ reach that the press headquarters will be with the ball teams and all the clubs. My tives a situation which I am afraid exists established at Boquillas for those members finger is in every pie and we're all friends. of the press corps who are afraid to make the The youngest students are the ones to make throughout our Nation in general. trip to the site. News of the event will be friends with because they'll be here the The editorial follows: sent out by carrier chicken at intervals dur­ longest. A SoLEMN CoMMITMENT ing .the contest. "We try to sell ourselves every day. A Education of handicapped children in Captaining the Texas team will be Gordon crust of dry bread served with a smile is more Tennessee apparently will receive an added Fowler and his sister Ann Fowler. delicious than a good meal served with a $5 million in state funds and $4 million in More news about the Chili War will be growl. I stress to my ladies that a smile federal funds next year. The legislature has forthcoming. can be returned instantly, but a frown will provided for the increase in the big appro­ be remembered for six weeks, and may never priations blll, which awaits joint-committee be forgotten," she says. action after passage by both houses. But Mrs. Roy set a goal for herself when she even though this is what the administration KUDOS FOR SCHOOL LUNCH first came to McAdory of doubling the exist­ had requested, the issue of financing educa­ SPECIALIST ing lunchroom participation and she has tion for the handicapped is far from resolved. seen that goal reached, going from 750 to In 1972 the legislature enacted a law re­ 1,650, including the 200 students who eat quiring that all handicapped children re­ HON. JOHN BUCHANAN breakfast there. ceive the kinds of educational services called The 1unchroom has been expanded by a OF ALABAMA for by their particular disabilities. The law, third. There are new tables and chairs, and however, wasn't fully funded. On Nov. 3, 1973, IN THE HOUSE OF REPRESENTATIVES she "doesn't have room for any more equip­ Legal Services of Memphis filed a suit to Thursday, May 19, 1977 ment," but Mrs. Roy gives a lot back. While force the state to carry out the law's man- some lunchrooms sit idle after lunch periods, date. . Mr. BUCHANAN. Mr. Speaker, yester­ hers is active with club meetings and rarely Early this year, Chancellor Ben Cantrell day this distinguished body passed H.R. empty. ruled in Nashvllle that the state was guilty 1139, the National School Lunch Act arid Nutrition is important, but what good is it of discriminating against "a helpless minor­ Child Nutrition Amendments of 1977. if the food is thrown in the trash can? ity" by not providing all the funds the law It is my hope that these amendments Because of that Mrs. Roy is an avid trash needed. He said about 6,000 handicapped can watcher, in order to guard against waste. children across the state either weren't get­ will significantly improve nutrition for "I never use to make pizzas or Mexican food, ting any public education or weren't being children. During consideration of this but if the kids eat it, that's what I'll cook. offered the services they should have. He bill many examples were cited of abuses If a dish isn't eaten I won't serve it again. ordered the state to comply with the law by in the program, widespread plate waste, "We've all dressed up in clow~ suits, had July 1. unimaginative menus, and other prob­ candy apples and popcorn, worn football In response, the state filed a plan of com­ lems. There is, however, another side to jerseys during spirit week, and have even pliance with the court on March 1. The plan the story. dressed up fifties style," she says. proposed the additional spending levels later It is my pleasure to bring to the atten­ "You know, you can throw more out the approved by the legislature in the appropri­ tion of my colleagues an article appear­ back door than your husband can bring in ations bill. The chancellor has yet to rule the front. I've applied that here. It's just whether the plan satisfies his order. ing in the Jefferson Cou~)Y, Ala., Board careful management. If we have any baked Some educators and legislators don't be­ of Education Focus. It commends Mrs. potatoes left over, we'll have hash browns lieve that $9 mlllion more will finance all Therecia Roy on her innovative lunch­ for breakfast. Or if we have left over peaches the required services. At one point, the state room programs at McAdory Elementary I'll make preserves out of them for biscuits. Department of Education estimated that it School. No matter how well legislation is I never buy white meat. I use the trimmings could take as much as $20 million more to drafted in Washington, no program can off other meat to seac;on my beans." fully fund the law. be successful without dedicated admin­ Mrs. Roy speaks of the McAdory students The issue is complicated by the very na­ istrators like Mrs. Roy. as her customers, which really they are. She ture of the problems the law is supposed to The article follows: tries to please them, just like sbe was running deal with. As methods of educational and a restaurant, which she is. "We've made a psychological testing and measurement im­ The food is great and they serve anything profit here and~! think you should give that under the sun. The service? Well you just prove, increasing numbers of children are back to the customer," she declares. identified as having some kind of learning can't find folks with bigger, friendlier smiles Therecia Roy is giving a lot back and most who are more courteous. But best yet, the disability or exceptional need. State Sen. of it is much nicer than steak. Steaks go Leonard Dunavant (R-Mi~lington) recalls prices are the lowest in town. quickly, but smiles linger behind. Interested? Well this place doesn't adver­ that, during a hearing on the law, he asked tise and they are very exclusive. Not just an official of the Department of Education anyone ds allowed to eat there. whether a child who was reading on the fifth As a matter of fact unless you're a student grade level but doing only second grade math at McAdory you can forget it. A SOLEMN COMMITM:ENT would be considered handicapped. The an­ McAdory students in grades one through swer, he says, was a rather anguished "yes." 12, enjoy one of the finest lunch programs This complexity led to efforts during the in the JefCoEd system. Just recently they HON. HAROLD E. FORD current session of the legislature to redefine were served steak. That's right, steak. T­ OF TENNESSEE the term "handicapped" so the state would bones too, not hamburger. Shrimp, beef IN THE HOUSE OF REPRESENTATIVES be able to focus better on those children who roast, ham and many other dishes normally might be considered most in need of special­ not associated with school lunches are fre­ Thursday, May 19, 1977 education services. It was proposed, for in­ quent visitors on McAdory lunch trays. Mr. FORD of Tennessee. Mr. Speaker, stance, to exclude gifted children from the The lady who runs the show at McAdory, law. They're included now on the basis of and has for the last seven years, is Therecia I rise today to bring to the attention of having special needs that aren't met in the Roy, an "almost 60" grandmother who has my colleagues the frustrating problem regular classroom. Some legislators feel the been a lunchroom manager for 27 years. of guaranteeing that handicapped indi­ state will have to make such a change in the Recently over 1,400 McAdory students got viduals are given the right to be edu­ law if it ever hopes to keep spending on spe­ a steak for regular lunch price and that is cated as are all Americans. I regret that cial education within reasonable limits. May 19, 1977 EXTENSIONS OF REMARKS 15687

The question is certain to come up again intervention over the last few decades, in activity and efficiency would sharply In­ next year. And, just as certainly, those who the form of controls and taxes, which has crease. By virtue of having such essential in­ propose a new definition of "handicapped" prevented producers from continuing to ceni;ives, we could then reasonably expect will be met with an intense, highly emotional recoverable domestic oil and gas supplies to protest. Regardless of the motive, any at­ supply us with abundant energy. Then, last well into the next century at prices t empt to narrow the range of eligible chil­ after the Government creates the short­ cheaper than available from our alternate dren will be viewed by many parents as fur­ age, it dec1ares a shortage and orders energy sources, thereby solving our current ther d iscrimination against "a. helpless mi­ conservation. enegy problem and effecting a smooth transi­ nority." An excellent example of just how this tion from the oil and gas age to the next. Anot h er difficulty arises in some small process works is provided by the Martin Our once bold and magnifi.cen t oil and gas school systems that lack adequate resources Exploration Co. in a letter announcing industry is today emacsulated and in com­ and teach ing staff to offer all the special plete chaos. Producers are scared. It is im­ services. Legal changes may be necessary to suspension of its plans for $31,000,000 possible to plan. We are afraid to drill permit such systems to pool their resourcea worth of oil and gas drilling. The plans because our production might be confiscated for special education, with one educational wer.e initially made on the basis of the through taxation, price rollbacks or contract center serving more than one system. President's promise of essentially a free intervention. Today's grand plans are to­ The federal government also has been un­ market in future gas production. But morrow's wastebasket trash as new rules and der considerable pressure to extend services with the price rollbacks and other con­ regulations control, delay, inhibit and to the handicapped. In the Rehab1litation trols proposed by the President's new en­ destroy. Act of 1972, Congress authorized regulations ergy plan, Martin Exploration had no When the seemingly extinction-proof to prohibit discrimination against the handi­ turtle senses danger, it withdraws to the se­ capped in employment, education and health choice but to cancel its plans and become curity of its shell and does nothing. Out of care. The government's failure to put the leg­ inactive. A Government guaranteed loss unmitigated fear of the President's egali­ islation into effect resulted in staged dem­ is an order not to produ::e. tarian ideas, of his disregard for the impor­ onstrations last month at the Department of It is important to note that these fur­ tance and viability of our industry and of Health, Education and Welfare in Washing­ ther cutbacks in production are already his failure to understand the energy problem, ton and at regional HEW offices around the taking place, even before the President's Martin Exploration likewise withdraws to do country. Protestors occupied HEW's San nothing. Through our hopefully temporary Francisco office for more than a. week. program is enacted. The sooner Congress inaction, together with that of others who Joseph Califano, the new HEW secretary, rejects the President's proposal to restrict might choose to join us, we leave President finally signed regulations April 28. The ma­ energy production and removes existing Carter the fruits of said inactivity (100% of jor impact reportedly will be on higher edu­ controls, the sooner producers can go nothing) to divide up and spread to the cation and federally-funded public buildings, back to providing us with energy. The wind. which will have to be renovated to provide alternative is a truly catastrophic depres­ Yours very truly, access to the handicapped. Public elementary sion. KEN G. MARTIN, and secondary schools also will be required The letter follows: President. to educate all handicanped children in as normal a setting as possible. Califano said he MARTIN EXPLORATION Co., would ask Congress for more money to help Metairie, La., May 13, 1977. Hon. R. D. SUTTON, local school systems. THE RENEGOTIATION REFORM ACT As far as federal regulations are concerned, Chairman, Department of Conservation, Tennessee officials don't expect the state's State of Louisiana, Baton Rouge, La. public schools to be affected very much. Ten­ DEAR MR. SUTTON: Martin Exploration nessee's law and Department of Education Company, one of the State's most active and HON. JOSEPH G. MINISH policies on special education are among the aggressive oil and gas producers, hereby re­ OF NEW JERSEY most advanced in the country. The state has quests that you cancel the 11 drllling permits 11 institutions with accredited programs for that your office has previously granted us, IN THE HOUSE OF REPRESENTATIVES the training of special-education teachers. effective immediately. These permits involve Thursday, May 19, 1977 But full funding and enforcement of the drilling costs of $10,000,000 and 130,000 feet state law isn't going to be easy. There wlll of hole and represent 11 wells which were to Mr. MINISH. Mr. Speaker, it is my un­ always be a need for more services. Some be drllled during the next few months, pos­ derstanding that an article entitled "The children always will be receiving less special sibly in time to impact on our coming winter Renegotiation Board: Is 'Hairbreach attention than they should have. The law energy needs. Harry' About to Fold?" from the current may have to be adjusted. In addition, Martin Exploration 1s sus­ pending its plans for 23 other wells, together insue of the publication Government Ex­ When any changes are made, however, the ecutive was placed in the CONGRESSIONAL emphasis must squarely fall on making sure representing additional drilling costs of that those children with physical and mental $21,000,000 and an additional 268,000 feet of RECORD yesterday. handicaps receive the fullest range of serv­ hole. These wells, essentially all of which are This unsigned article is so replete with ices possible. Too many children suffering potential gas wells, were budgeted for year­ distortions, misrepresentations, and out­ from retardation or such diS'abilities as loss end. right falsehoods regarding the Renego­ of sight or hearing haven't gotten the help Martin Exploration believes that it has no alternative but to take such action in view tiation Reform Act that it is virtually they need to realize their full potential. They impossible to deal with them all at this should not be further deprived while educa­ of the extremely naive and tragically ill­ tional specialists debate every new academic conceived Carter energy plan which, if en­ point. Let me just point out to the Mem­ definition of what does or does not constitute acted, will reduce incentives for producers to bers what this publication is and who it a learning problem. Tennessee has made a. an uneconomic level. represents. The same issue of Govern­ solemn commitment to these children that In Martin's case, every single well it is can­ ment Executive contains full page ads must be honored. celling was planned and the leases acquired from the following corporations-ads on the presumption that President Carter's which comprise well over 90 percent of free market promise for undedicated gas would be kept and we could expect a. price the total advertising in the magazine: GOVERNMENT-MANDATED ENERGY Boeing, LTV, TRW, Rockwell, General SHORTAGES equal to at least the risk discounted replace­ ment cost (approximately $2.25/MCF with Electric, Sperry, IBM, 3M, and McDon­ 15 %/year escalation) for such gas. President nell Douglas. HON. LARRY McDONALD Carter's proposal rolls back our anticipated Since I believe the Members would price to $1.42/MCF (which is itself subject appreciate a more professional opinion OF GEORGIA to a. further rollback to $0.52/ MCF) for wells IN THE HOUSE OF REPRESENTATIVES drllled either within 2¥:! miles of or less than on the merits of H.R. 5959, the Renego­ tiation Reform Act, I am including at Thursday, May 19, 1977 1000 feet deeper than another producing well. Not only do all of Martin's wells fall this point in the RECORD excerpts of tes­ Mr. McDONALD. Mr. Speaker, it has into this category, but so do more than 95% timony from the GAO on this bill: been widely observed that President Car­ of all wells drilled In the onshore and State :MARCH 31, 1977. owned offshore areas of south Louisiana, our ter's energy plan talks of dwindling re­ STATEMENT OF RICHARD W. GtrrMAN, DmEc­ sources and proposes coercive conserva­ country's most prolific gas producing area.. The Carter policy thereby writes this area. TOR, PROCUREMENT AND SYSTEMS ACQUISI­ tion measures, while making no allow­ off completely, and in effect withholds from TION DIVISION BEFORE THE SUBCOMMITTEE ance for production. The rationale for the consumer major gas reserves needed now. ON GENERAL OVERSIGHT AND RENEGOTIATION this is that we are running out of fossil If the producer is freed from the rigors of OF THE BANKING, FINANCE AND URBAN fuels and must conserve, not produce. controls and if he could expect free market AFFAIRS COMMITTEE But in fact we are not running out of wellhead prices that justified his risk and Mr. Chairman and members of the Sub­ natural resources, we are merely block­ expense, our current oil and gas shortage committee: ing access to them. It is the Government would be substantially relieved as producer We are here today at the request of your -15688 EXTENSIONS OF REMARKS May 19, 1977 Subcommittee to present our views on the \VILLIAM J. RUSHTON MAN OF THE nomination of William J. Rushton ... he has proposed legislation to revise and extend the SOUTH FOR 1976 been connected with almost everything that Renegotiation Act of 1951. As you know, the has been good in our community." General Accounting Office has maintained an On the dais were J. Craig Smith, Man of interest in the renegotiation process through the South for 1970, who on November 11, its continuing audits and varied assistance HON. JOHN BUCHANAN OF ALABAMA 1977 received the first Free Enterprise Award to the Subcommittee. from the Agricultural Appreciation Day in In testimony before this Subcommittee in IN THE HOUSE OF REPRESENTATIVES Huntsville, Ala. the latest of many. June 1975 we outlined and discussed the Thursday, May 19, 1977 Also John A. Hand, Chairman Emeritus of findings and recommendations of our study the First National Bank of Birmingham and of the operations and activities of the Rene­ Mr. BUCHANAN. Mr. Speaker, Mr. a great civic leader for many years, who has gotiation Board. Several of our recommen­ Hubert F. Lee, editor of Dixie Business, been named to the South's Hall of Fame for dations have been considered by the Sub­ each year invites subscribers to vote for the Living honor group. After the luncheon, committee for inclusion in your proposed John showed Colonel Rushton and I through legislation on renegotiation. "Man of the South" and enter the 1 the new bank building. We have reviewed H.R. 4082 [now H.R. "South's Hall of F ame for the Livlng." An outstanding business and civic leader Bishop Carl J. Sanders delivered a stir­ 5959) and, as before, want to express our ring Thanksgiving message, after Colonel strong support for this legislation. We believe of my congressional district, Col. Wil­ Rushton received the Man of the South it is constructive and should lead to major liam J. Rushton, was chosen for this Award. improvements in the renegotiation process. honor in 1976. I am pleased to call to Crawford Johnson III, president of the We welcome the opportunity to provide our the attention of my colleagues the fol­ club and a grandson-in-law of the late Rob­ views on the major issues in the current bill. lowing article from a recently published ert Jemison, Jr., and president of the Bir­ METHOD OF REPORTING CONTRACTS edition of Dixie Business about this well mingham Coca-Cola Bottling Company, in­ We support the provision in Section 4 that deserved honor: troduced me. Roy Hickman and Frank Spain, both past the percentage of completion method of MAN OF THE SOUTH FOR 1976 accounting no longer be used for contracts presidents of Rotary International and mem­ which are subject to renegotiation. One of Colonel William J. Rushton, Chairman bers of the South's Hall of Fame honor group, the problems we see with the percentage of Emeritus and a director of Protective Life were there. completion method of accounting is the lack Insurance, Company, has been honored as I was the guest of Frank Spain at the of a precise method of estimating percentage the Man of the South 1976. Birmingham Rotary Club the day after the of completion. Engineering estimates are fre­ Colonel Rushton was named from the 200 late Frank P. Samford was presented the quently involved that are largely subjective. Living Leaders on the South's Hall of Fame Man of the South for 1959 at the Birming­ There are opportunities for such estimates for the Living honor group, which included ham Country Club. to be manipulated to improperly minimize Jimmy Carter who was named the "A Great Before Colonel Rushton was named Man the possibility of an excess profits determina­ American." of the South, Frank Samford, Jr., said that tion. However, we do not know whether such The editors of Dixie Business seek to hon­ naming Colonel Rushton was a terrific idea manipulation has actually taken place. We or notable men who have eontributed to the and that the past Man of the South honorees South during their lifetime, so they per­ would be honored to have Colonel Rushton believe that elimination of the use of the added to the list. percentage of completion method of account­ sonally derive some satisfaction in knowing their work has been appreciated by their con­ Clyde Porter, Secretary of Alabama By­ ing and the required use of a "units de­ Products Corp., was at Rotary. livered" or "completed contract" method of temporaries. accounting for renegotiation purposes would Colonel Rushton was presented the Man On June 2, 1959, Clyde wrote, "I would like add necessary objectivity to the process. We of the South award at the Birmingham Ro­ to propose Colonel William J. Rushton for tary Club by Rotarian Hubert F. Lee on No­ consideration next year. Bill is president of recognize that for projects of long duration Protective Life, a long time head of the Army with a single unit to be delivered, costs and vember 24, 1976. It was fitting that Colonel Rushton should Ordnance District, a hard worker for South­ related revenues wlll need to be excluded ern Research, a trustee of Southwestern and from renegotiation until the project is com­ be honored at the Birmingham Rotary Club. pleted. His father, the late J. Frank Rushton, was a fellow elder in the First Presbyterian president in 1916-1917. Church ..." The principal advantage of the completed His brother, the late Allen Rushton, was I was guest of Clyde Porter's at the Bir­ contract method is that it is based on results president in 1962-1963. mingham Kiwanis Club many years ago when as finally determined, rather than on esti­ His nephew, Allen D. Rushton, was presi­ Thomas D. Russell was the speaker. His mates of cost to be incurred on uncompleted dent in 1973-1974. father, the late Benjamin Russell was the work. In our opinion, excessive profits c,an Colonel Rushton was president in 1952- first President cf the Alabama Chamber of be determined with reasonable certainty only 1953. Commerce in 1937. when units are delivered or at contract com­ And his son, William J. Rushton, III, is a My friend, the late Allen Rushton, then pletion. member of the club. president of the Birmingham Ice and Cold PRODUCT LINE RENEGOTIATION Colonel Rushton is the sixth member of Storage Company, under date of November Section 4 of the bill also requires con­ the Birmingham Rotary Club to be named 9, 1959, wrote: tractors to report renegoti:.>.ble business on Man of the South since Thomas W. Martin "I am also pleased to note that you have the basis of division and product line. We was named in 1946. written my brother, Bill Rushton, as I be­ believe this is a much needed reform in the The six: lieve he richly deserves to be included 1n Renegotiation Act. The current method of Thomas W. Martin, 1946, the Honor Group list. renegotiation appears to favor large diversi­ Donald Comer, 1947, "He, too, has performed a great many un­ fied corporations because they can offset the Frank P. Sanford, 1958, selfish tasks and has made a very fine name results of high profit activities against the J. Craig Smith, 1970, for himself throughout this entire area.... " results of low profit or loss activities. We be­ Robert Jemison, Jr., 1971, Donald Comer, Jr., Chairman of Avondale lieve this constitutes an advantage over Col. Wm. J. Rushton, 1976. Mills, whose father was Man of the South smaller single product line firms. Use of a Mayor David Vann issued a proclamation for 1947, wrote: "Colonel Rushton is one of my favorite people." product line approach would be more effec~ declaring November 24, 1977 as Colonel Wil­ tive in minimizing the number of firms that Ham J. Rushton Day in Birmingham calling Emory Cunningham, who received the are now escaping renegotiation and place on all citizens to honor him for his half cen­ Publisher of the Year Award for outstanding both large and small firms on a more equal tury of Distinguished Public Service. achievements in publishing Southern Living footing. Charley Clayton, retired president, and and Progressive Farmer, wrote: "Bill Rush­ ton is an effective, dedicated business leader. We do not believe that the requirement for Robert L. Stewart, president of Liberty Na­ tional Life Insurance Company, were my I know of no one who has a more genuine division and product line reporting will create interest in, helping the South move for­ an administrative burden. Most contractors guests at the luncheon and Charley came by the Kaler Plaza Hotel, drove to the Liberty ward.... maintain their accounting records on a divi­ Alexander Nunn, a founding managing sional basis and the incidence of multiple National Life bullding to visit with old friends and then on to Rotary. editor of Southern Living, who recruited product lines within divisions is generally thousands of Lone Scouts through Progres­ not high. w- believe that reporting proce­ When Charley Clayton was a boy Scout, sive Farmer after the merger with the. Boy Colonel Rushton told him he would buy dures could be worked out by the Renegotia­ Scouts in 1924, said, "I don't think you tion Board with the contractors that would Charley a dinner if he became an Eagle could have done better ...." minimize or prevent any additional admin­ Scout. Charley Clayton and Gerald Ford Dr. J. McDowell Richards, the Man of the istrative or reporting burden for contractors. are two of the nation's top Eagle Scouts to­ South for 1967 and president emeritus of We believe that provision should be made day, he is a member of the Boy Scouts Na­ Columbia Theological Seminary, said, "I to give the Board the necessary flexibility tional Executive Board. think Colonel Rushton is worthy of the to work out these procedures. Charley wrote, "I would like to second the honor ...." May 1~, 1977 EXTENSIONS OF REMARKS 15689 Jack W. Warner, chairman of Gulf States father of our speaker addressed the New­ the Army for his outstanding military serv­ Paper, who was Master of Ceremonies on comen Society. His subject was the Gover­ ices. Sept. 14, 1976 when Harry Mell Ayers, John nor's Company's First 50 years. Many of us Colonel Rushton, in the Spring of 1946 Cecil Persons, Frank Maxwell Moody and feel that The Colonel's Company would have (the year Thomas W. Martin was named the Joseph Llnyer Bedsole were inducted into been a more accurate description. fir;;t Man of the South) was persuaded to the Alabama Business Hall of Fame at the Protective Life was founded by Governor take the post of Civllian Chief of the Bir­ University of Alabama., said: "I very much William D. Jenks in 1907, who wanted to keep mL!lgham Ordnance District, which he held approve of Colonel Rushton's selection.... " the insurance money in the South. until be resigned in August 1955. Joseph A. Farley, president of Alabama His board of directors included: Craig Colonel Rushton's distinguished career Power Company, who succeeded Thomas W. Smith (father of the Man of the South for spanned three wars-World War 1, 2 and the Martin to the honor group, wrote: "Certainly 1790), E. W. Cabaniss, Dr. W. D. Harrison, Korean war--covering himself with glory in there is no finer person or businessman 1n Robert Jemison, father of the Man of the each. our area than Colonel Rushton ...." South for 1971, and George Malone of Do­ Colonel Rushton has had a llfe of three John A. Hand, chairman emeritus of the than, grandfather of Wallace Malone, Jr., careers--mllitary, Birmingham Ice and Cold First National Bank of Birmingham and an president of Southern Bancorpation. Storage and building the great Protective Academy of Honor honoree, WPote on July Protective Life survived the panic of 1907, Life Insurance Company. 30, 1976: and in 1915 moved from a one story location In addition he has contributed vastly to "I write you to nominate Colonel Wlllia.m to a two story building at 2112 First Avenue, scouting, his church, Community Chest, and J. Rushton for Man of the South for 1976. I North, and the next year, 1916 paid its first many other civic activities. have never known a man that did more for dividend. ELDER EMERITUS the Cttr, of Birmingham than Colonel Rush- In 1928, a 14 story building was built on Colonel Rushton was honored by the con­ ton.... 1st Avenue and 21st Street at a cost of gregation and the session of the First Pres­ John sent a copy of the Alabama News $900,000 which John Temple Graves termed byterian Church on December 31, 1972 as Magazine for July 1976 that had the Colonel's a cathedral of business, A. Thomas Brad­ Elder Emert tus. picture on the front cover and many clip­ bury, Atlanta famed architect for the Gover­ At that time his pastor, the late Dr. Ed­ pings about his retirement on June 30, 1976, nor's Mansion and other notable buildings ward C. May, said: etc. John wanted to give the Colonel a big then a young architect with Warren Knight Ruling Elder W111lam James Rushton, on dinner but the Colonel was too modest to and Davis, helped on the building. October 29, 1972, this congregation honored want one. Colonel Rushton was head of his family's you and itself by electing you to the omce Leslie S. Wright, president of Samford Birmingham Ice and Coal Storage Company of Elder Emeritus, and today we give formal University, said: "Colonel Rushton is truly a when he was called to become president of recognition to your entrance upon that new man of the South." Wright was giving his Protective Life in 1937. relationship. wife a birthday party at the Club the eve­ Colonel Rush ton was leading ice man in Even before you were born your heritage rung of Nov. 23, 1976 when Colonel Rushton the nation then, having served as head of in this church was established by your par­ took me up the 1,300 feet of Red Mountain National Association Refrigerated Ice Ware­ ents and your grandparents. Here you were houses and American Warehousemen's Asso­ for dinner. presented for baptism as an infant, here you Like Birmingham's The Green, and the ciation. were nurtured in the Christian faith; here As his son told the Newcomen Society on Liberty National Green, the Club is one of you professed your faith in Christ and en­ September 29, 1976, the Colonel believed that the world's show places. I dined at the Club tered communicant membership on Janu­ Protective Life is not only the best in the years ago with the late Mark Hodo, my good ary 1, 1911: here you were ordained to the world, but it is almost the only Company in friend and ac:sociate editor for 40 years. omce of Deacon on January 30, 1927, and to the world. Irving Belman, "Dean of Business News the omce of Ruling Elder on October 13, 1935, When Colonel Rushton moved uo to Cha.tr­ and here you have served across the span of Editors", was at Rotary. His 3-column report man ·and CEO in 1967, I wrote in my column was encored in the last issue of Dixie Busi­ your whole lifetime, giving generously of in Dixie Business: your time, your substance, and your con­ ness. "After 30 years as president of Protective COMMUNITY CHEST HONOR siderable talents, responding to your Life, our good friend Colonel Willlam J. church's call to serve in a variety of roles When Colonel Rushton was made the Rushton has advanced to Chairman and CEO. FIRST Honorary member of the Birming­ !rom church school teacher, to Scout Master, "And in a Like Father-Like Son promo­ to building committee chairman. Moreover ham Community Chest on January 24, 1958, tion, his son, Wllllam J. Rushton III, was Thomas W. Martin the Man of the South for you have also Eerved your demoninatlon by elected president at the 60th annual meetin~. taking responsibillties in the Presbytery, the 1946 made the presentation. "Present aFsets exceeded $150 million while Synod and the General Assembly. Mr. Martin said: life insurance in force is over $1,750,000,000." Of the Community-mindness and social Every task you have done for the church On June 30, 1976, when Colonel Rushton has been marked by your thoroughness, your concern, as well as of the zeal and abl11ty, retired and became Chairman-Emeritus and knowledgeableness, and your insistence that which have qualified Colonel Rushton for director. assets exceeded $300 million and life nothing but excellence should be offered for this recognition it may be said with the inc:urance in force -exceeded $4.7 billion with God's service. Bible. "We can but speak the things which omces in 34 states and the District of Colum­ In all things you have shown yourself to we have seen and heard." (Acts 4:20) bia. be a churchman of the first order, devoted His works have been inspired in him not Directors today include William J. Rush­ to the accomplishment of that which you only by the scene and environs of his own ton. J. Crall! Smith, R. A. Monagbam, Richard perceive to be the best interest of the Lord active, successful life but in unceasing J. Comer, William J. Rushton III, Alvin W. Jesus Christ. awareness of generations nobly in service Vogtle, Jr., Henrv C. Goodrish, Jobl"l S. Shaw, PROCLAMATION before him, a father and mother, a pioneer­ Jr., Hall W. Thompson. John W. Woods, ing grandfather-God loving, family-loving­ Crawford T. Johnson, III. Alen T. Drennen, City of Birmingham, Alabama, Proclama­ country loving all. Jr., WUltam J. Cabaniss, Jr., Emil Hess. tion: Whereas, Colonel William J. Rushton, a They were great citizens of the commu­ DISTINGUISHED MILITARY CAREER nity-made so by the causes they soonsored leader of Birmingham for more than halt a Colonel Ruston's distinguished military and carried to fruition, and by the high light century, has been named the 'Man of the career began when at 17 he enlisted in the of their personal lives. South' for 1976, and The grandfather whose name he bears es­ U.S. Army infantry. Whereas, Colonel Rushton 1s to be pre­ tablished a trad.ltlon of business success, He was discharged at the end of the war sented the Man of the South for 1976 today at civic concern, cultural appreciation, social as a Ser~>'eant. Birmingham Rotary Club by Colonel Hubert He enlisted in the U.S. Army Reserves, awareness and a helping hand to those buf­ F. Lee, editor of Dixie Business since 1929 where he earned a commission as Second and founder of the South's Hall of Fame for feted by life. Lieutel"lant. He was Promoted to Caotain and As is said of his grandfather, he is a man the Living and a Rotarian, and then Major, ranked to Captain and then of keen literary taste, he is a scholar fit to Ma1or, the rank he held when called to active Whereas, Colonel Rushton was inducted mingle and to hold his own with erudite. dutv in 1940. into the Alabama Academy of Honor and, In manner he is the most courtly of gen­ He was assigned to the staff of Ma1or Gen­ Whereas, Colonel Rushton has honored tlemen. eral Hershey, director of Selective Service. Birmingham, his church, his scout troop, his In these recognitions the Community Chest Rotary Club and other organizations bV his cites William J. Rushton good citizen, good He was transferred to the Army Ordnance Corp~ in 1942, and in time was oromoted to ltfe of civic service above the call of duty, businessman, r;ood Samart tan. and is the fourth member of his family to The great Protective Life stands as a Lt. Colonel, and then Colonel, becoming Commanding Omcer of the Birmingham serve a-; President of the Birmingham Rotary monument to Colonel Rushton's acumen and Club, and business genus. Ordnance District, which directed all ord­ J. Craig Smith, Alabama Newcomen Chair­ nance orocurement activity in eight South­ Whereas, Colonel Rushton was named to the South's Hall of Fame for the Living, the man, in introducine- William J. Rushton m, ern States durin't World War ll. at the Newcomen dinner on September 29, At the close of the war, he was awarded honor group limited to two hundred Living 1976. said: the Leqion of Merit and several citations Leaders, from which be was named the 31st Nineteen years ago, the distinguished from the Chief of Ordnance and Secretary of Man of the South 15690 EXTENSIONS OF REMARKS May 19, 1977 Now therefor, I, David Vann, Mayor of the on environment in 1968, and the evolu­ struction, pollution, and commercially-en­ City of Birmingham, Alabama, do hereby tion of a concept for national science couraged waste that is taking place ln our Proclaim November 24, 1976 as Colonel Wil­ policy. country today, lt seems to me that it can be liam J. Rushton Day, and urge all Citizens stopped only through governmental super­ of this City to honor Colonel WiWam J. Mr. Speaker, when the Subcommittee vision based on the principle that no individ­ Rushton for his service for half a century. on Science, Research, and Development ual or generation has a right to misuse man­ first began its formal inquiry into science kind's natural resources. policy more than 8 years ago, General It seems to me essential that our overall Lindbergh wrote a letter from the Philip­ environment be protected by government pines to Congressman Daddario in which just as certain smaller areas are protected CHARLES A. LINDBERGH through zoning and various regulations. he commented on the issues at hand. Much as I believe in the utmost practical Those observations which, with Lind­ freedom and independence for man, I do not HON. OLIN E. TEAGUE bergh's permission, served as a preface see how his essential environment can be OF TEXAS to the hearings, seem as applicable now malntained in this technological era through IN THE HOUSE OF REPRESENTATIVES as they were then. commercial organizations acting independ­ Thursday, May 19, 1977 I believe it appropriate, on this 50th ently. Contemporary pressure lobbies to­ anniversary of one of the great achieve­ gether with the often ruthless exploitation Mr. TEAGUE. Mr. Speaker, a few days ments of the century, that the major and spoliation of our country stand witness ago Anne Morrow Lindbergh was asked part of Charles Lindbergh's letter, ex­ to the need for quick and firm governmental if she thought her husband-the famed action. pressing the concerns which so occupied In this connection, I believe your National "Lone Eagle" who made history's first him in later years, be placed in the Science Policy program may assume even transoceanic, nonstop flight 50 years ago RECORD: greater importance than was originally con­ on May 21-would be celebrating the oc­ Let me say first that I am both honored templated; for the studies you are carrying casion if he were here today. and delighted to feel that I may have made on are bound to emphasize, more and more, Mrs. Lindbergh responded: some contribution to the extremely impor­ the necessity of protecting our overall en­ I think he would not be celebrating the tant work you are doing. Without doubt the vironment. Here. I belleve, is the funda­ past but (contemplating) where the past very survival of our civ111zation, if not that mental value-at least potentially, of our has led us. of mankind, depends on our ability to fore­ science and technology. see and control the fantastic forces of the In fact, I think that the survival or the Charles A. Lindbergh, whose father various technologies our scientific knowl­ breakdown of our western ciVUlzation is represented the Sixth District of Min­ edge has released. likely to depend on how inte111gently we ap­ nesota in this House from 1907 to 1917, I think an objective viewpoint of the world ply its science and technology to our human did many things quietly and privately for situation today Indicates the alarming prob­ environment within the next decade. If we which he neither sought nor received ability that our western civ111zatlon ha.s al­ can cope with the problems our unprece­ ready entered its period of breakdown, fol­ dented knowledge has created, we can do so credit. lowing, in its own and divergent way, the only by properly using the tools of that For example, as a civilian he helped pattern of all clvllizatlons of the past. While knowledge. No previous civilization has had train American pilots in the Pacific in I consider this as possible, I am not willing either our knowledge or our tools. It seems World Warn, :flying P-38's and P-51's to accept it a.s inevitable, and I do not be­ to me that in this fact we have remaining and taking part in 50 combat missions. lieve we have passed the point of no return. some hope that we can avoid following the At the time, he was a consultant in But I think it is only by realizing the ti­ path of breakdown that history suggests is engine development and performance for tanic magnitude of the problems we fa.ce inevitable for every civilization. United Aircraft Co. that we have some chance of solving them He was among the first to wage a cam­ without fall1ng back on the instinctual and calamitous solution previous civiUzations SOVIET JEWS paign to preserve the environment and have resorted to-a complete breakdown. especially to protect animal life in all its This 1s why I am so grf"atly impressed by the forms from extinction. e1forts of your committee, and especially HON. JAMES J. FLORIO He made some of the Nation's first ex­ by your own understanding of the dangers OF NEW JERSEY periments in biomedical engineering and as well as of the assets of science and tech­ helped pioneer that concept. nology. On the one hand, technology is es­ IN THE HOUSE OF REPRESENTATIVES He served as a member of the highly sential to us; on the other, It can easily de­ Thursday, May 19, _1977 stroy us. regarded National AdvisoiY Committee I write at this length in order to give you Mr. FLORIO. Mr. Speaker, I am sad­ on Aeronautics, which eventually became some understanding of why I am hesitant to dened today that I must address the the nucleus around which the National take a.ctive part in a program that I think ls Members of Congress with the recog­ Aeronautics and Space Administration of such fundamentally great importance, nition of a breach of promise which af­ was formed in 1958. and that enters fields in which I have such fects the lives of hundreds, if not thou­ Mr. Speaker, General Lindbergh also great interest. sands, of peace-loving people. Almost 1 served the Congress in a way that only But important as National Science Policy year ago, a promise was made and rati­ a few people have known about--because ls and wlll become; it seems to me it must be based on even deeper fundamentals of fied by 35 signatories that declared a this was his way; he did not want it national pollcy. mutual respect for human rights and known. From 1964 to 1970 Lindbergh was After all, it ts the quality of man we are freedoms. The Helsinki agreement has a quiet, unpaid friend and consultant concerned with. and this is inseparable from not been adhered to, and the promise to the House Science and Technology his environment. I think that to be e1fective that was made to reunite Soviet Jews Committee's Subcommittee on Science, we must start with our environment-all of with their families outside the Soviet Research, and Development, now the it; even major parts are not enough. We need a policy and plan that covers our entire Union remains unfulfilled. It was Leonid Subcommittee on Science, Research, and Brezhnev along with other Soviet au­ Technology. planet and extends to the utmost of human capab111ty into space and time. thorities who pledged that "the law of During these years the subcommit­ I think we should establish our policy on international life was not to be breached tee's chairman was Emilio Q. Daddario the obvious fact that no system of govern­ by anyone." It is Leonid Brezhnev and of Connecticut, who now is director of ment, warfare, economics, education, or re­ other Soviet authorities who today stand the omce of Technology Assessment and ligion can be satisfying or successful unless in the way of fulfilling their promise of president of the Nation's largest pro­ lt eventually improves the quality of man. promoting basic human rights. fessional science organization, the Amer­ Starting from this position, I think we should consider what we want our environ­ The Helsinki promise states that fun­ ican Association for the Advancement of ment to be. Here, modern science and tech­ damental human rights will be respected Science. Lindbergh and Daddario and nonogy wlll be not only helpful but essential. without regard to race, sex, language or several others met together on a num­ But when we rea.ch what wlll inevitably be religion. The accords stress that emigra­ ber of occasions during this period. Thus preliminary conclusions, and form what wlll tion will be allowed from the Soviet it may well be that some expression of just as inevitably be a prellmlnary plan, we Union for the reunification of families. Lindbergh's philosophies have found wlll be faced by the seriously disturbing question of whether the systems of life we They emphasize that travel should be al­ their way into such important, con­ have developed are adequate for implementa­ lowed and broadened. As a signatory of temporary endeavors as technology tion. these accords the Soviet Union contin­ assessment, the international biological Let me use an example here: As I watch ues to negate the commitment they once program, the House-Senate white paper and study the exponentially expanding de- made to thousands of Jews and others May 20, 1977 CONGRESSIONAL RECORD- SENATE 15691 who have spoken out for what princi­ 1974. Joseph was promised permission are also separated from their families ples they believe in. These people are to join them in 1974, but the permis­ and awaiting exit visas. The young men captive in prisons, they vegetate in sion was revoked. As a result, Joseph was in this Moscow-based group call them­ mental hospitals, they are directed to isolated in Jaratov, a small city 300 miles selves the "Orphans of Aliyah." They camps-under a system of government from Moscow, where relatively few Jews study their Jewish heritage and gain which allows the folly of indiscriminate have applied for exit visas. strength in their camaraderie. Together punishment for what we label in this Joseph and his family are very re­ they wait. country as "free expression." ligious people. This fact compounds his It is indeed a tragedy that Joseph Examples of this senseless enslavement problems. In Russia, where application Schraiber and other Soviet Jews must of human rights are too numerous to for exit visas are viewed unfavorably, surpress their desire to be reunited with count. They pervade the Soviet society. those of the Jewish faith are considered loved ones. It is more of a tragedy that But, let me bring to your attention a these people must surrender the basic case in point. Young Joseph Schraiber, "marked" and afforded little, if not any, "human rights" afforded them by the age 24, has been separated from his chance of reuniting with their loved Helsinki agreement. It is essential that parents for 3 years. His entire family­ ones in Israel or elsewhere. The story Congress continue to raise its collec­ grandparents, uncles, and aunts as well, of Joseph can be told over and over tive voice and protest such violations have left the Soviet Union to reside in again for thousands of other Jews. of human need. It is time for the Soviet Israel. His last relative to emigrate from Joseph has since then joined a group Union to honor its promise that today Russia was his uncle in November of of religiously oriented young men who stands unfulfilled.

SENATE-Friday, May 20, 1977 (Legislative day ot Wednesday, May 18, 1977) The Senate met at 9 a.m., on the ex­ na! of the proceedings of yesterday, would be willing to answer a couple of piration of the recess, and was called to Thursday, May 19, 1977, be approved. questions pertaining to S. 7. order by Hon. WENDELL R. ANDERSON, a The ACTING PRESIDENT pro tem­ Mr. HANSEN. I observe to my friend Senator from the State of Minnesota. pore. Without objection, it is so ordered. from New Mexico that Senator HART is in the Chamber, Senator MELCHER is PRAYER here, and Senator METCALF is also here. The Chaplain, the Reverend Edward COMMITTEE MEETINGS So I imagine we would follow right on. L. R. Elson, D.D., offered the following Mr. ROBERT C. BYRD. Mr. President, Mr. SCHMITT. I thank the Senator. prayer: I ask unanimous consent that all com­ AMENDMENT NO. 282, AS MODIFIED Let us pray. mittees may be authorized to meet dur­ Mr. HART. Mr. President, a parlia­ Thy name be praised 0 Lord, for the ing the session of the Senate today. mentary inquiry. strength and wisdom Thou hast given us The ACTING PRESIDENT pro tem­ The ACTING PRESIDENT pro tem­ throughout this week. Now add Thy pore. Without objection, it is so ordered. pore. The Senator will state it. blessing to this day's labor in this place. Mr. HART. What is the pending Keep us true to Thee in thought and business? word and deed. ORDER OF BUSINESS The ACTING PRESIDENT pro tem­ Save us from the hasty and easy action Mr. ROBERT C. BYRD. Mr. President, pore. The clerk will state the pending even though it is dramatic or spectacular. I yield back my time under the order. business. Make us willing and ready for hard think­ The assistant legislative clerk read as Mr. BAKER. Mr. President, I yield follows: ing and thorough craftsmanship, though back my time under the standing order. its appearance be less spectacular. Make Amendment No. 282, as modified, the Hart us patient and humble, pure in heart substitute for the Johnston amendment No. 275, as modified. and speech, cheerful and self-forgetful, SURFACE MINING CONTROL AND temperate and just. And bring us to that RECLAMATION ACT OF 1977 The amendment