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Home , Anthony Beilenson, Bernard Toone, Goodloe Byron, Hank Raymonds, Henry Waxman, John Jenrette

March 29, 1977 EXTENSIONS OF REMARKS 9505

DEPARTMENT OF HEALTH, EDUCATION, AND To be brigadier general and responsibility designated by the Presi- WELFARE Colonel John B. Conaway, xxx-xx-xxxx FG, dent under Subsection (a) of Section 8068, in Hale Champion, of Massachusetts, to be Air National Guard. grade as follows: Under Secretary of Health, Education, and IN T HE A R M Y To be general Welfare. The following-named officer to be placed Lt. Gen. John W. Roberts, xxx-xx-xxxx FR Henry Jacob Aaron, of the District of Co- (major general, Regular Air Force), U.S. Air lumbia, to be an A ssistant Secretary of on the retired list in grade indicated under the provisions of title 10, Code, Force. Health, Education, and Welfare. IN THE ARMY Richard D. W arden, of the District of Co- section 3962: The following-named officer under the pro- lumbia, to be an A ssistant Secretary of To be lieutenant general visions of title 10, United States Code, section Health, Education, and Welfare. Lt. Gen. William Bennison Fulton, xxx-xx-x... 3066, to be assigned to a position of impor- Eileen Shanahan, of the District of Colum- xxx-... , Army of the United States (major gen- tance and responsibility designated by the bia, to be an Assistant Secretary of Health, eral, U.S. Army) . President under subsection (a) of Section Education, and Welfare. The following-named officer to be placed 3066, in grade as follows: on the retired list in grade indicated under SPECIAL REPRESENTATIVE FOR TRADE To be lieutenant general NEGOTIATIONS the provisions of title 10, United States Code, section 3962: Maj. Gen. John Rutherford McGiffert I I , Robert S. Strauss, of Texas, to be Special xxx-xx-xxxx , U.S. Army. Representative for Trade Negotiations, with To be lieutenant general IN THE MARINE CORPS the rank of Ambassador Extraordinary and Lieutenant General John Alfred Kjell- Plenipotentiary. strom, xxx-xx-xxxx , Army of the United Maj. Gen. Andrew W. O'Donnell, U.S. Ma- DEPARTMENT OF DEFENSE States (major general, U.S. Army) . rine Corps, having been designated, in ac- cordance with the provisions of title 10, U.S. Gerald Paul Dinneen, of Massachusetts, to IN THE N A VY Code, section 5232, for commands and other be an Assistant Secretary of Defense. Rear Adm. Kenneth M. Carr, U.S. Navy, duties determined by the President to be David E. McGiffert, of the District of Co- having been designated for commands and within the contemplation of said section, for lumbia, to be an Assistant Secretary of De- other duties determined by the President to appointment to the grade of lieutenant gen- fense. be w ithin the contemplation of title 10, eral while so serving. The above nominations were approved sub- United States Code, section 5231, for appoint- IN THE ARMY ject to the nominees' commitments to re- ment to the grade of vice admiral while so spond to requests to appear and testify be- serving. Army nominations beginning James J. Hill, to be colonel, and ending David C. Zimmer- fore any duly constituted committee of the IN THE M ARINE CORPS man, to be second lieutenant, which nomina- Senate. The following colonels of the Marine Corps IN THE AIR FO RCE tions were received by the Senate and ap- Reserve for appointment to the grade of brig- peared in the CONGRESSIONAL RECORD Oh The following officer under the provisions adier general under the provisions of title 10, March 14, 1977. of title 10, United States Code, section 8066, United States Code, section 5902: IN THE NAVY to be assigned to a position of importance Kenneth W. Weir Navy nominations beginning David H. and responsibility designated by the Presi- John B. Hirt dent under subsection (a) of section 8066, Acton, to be lieutenant, and ending Jeri M. in grade as follows: Lieutenant General John N. McLaughlin, Rigoulot, to be lieutenant, which nomina- U.S. Marine Corps, when retired, to be placed tions were received by the Senate and ap- To be general on the Retired List in the grade of lieutenant peared in the CONGRESSIONAL RECORD On Lt. Gen. W illiam G. Moore, Jr., xxx-xx-xx... general in accordance with the provisions of March 1, 1977. xxx-... FR (major general, Regular Air Force), title 10, United States Code, section 5233. Navy nominations beginning Ronald J. U.S. Air Force. Abler, to be lieutenant commander, and end- The following officer for appointment in the IN THE AIR FORCE ing Margaret F. Hamman, to be lieutenant Reserve of the Air Force to the grade indi- The following officer under the provisions commander, which nominations were re- cated, under the provisions of chapters 35, of Title 10, United States Code, Section 8066, ceived by the Senate and appeared in the 831, and 837, title 10, United States Code: to be assigned to a position of importance CONGRESSIONAL RECORD Oh March 1, 1977.

EXTENSIONS OF REMARKS

BYRD AMENDMENT REPEAL throughout the United States last week. pariah, as welcome as Billy Graham at an DISGRACEFUL I ask unanimous consent that the text be East Side orgy. W ith this irritating splinter removed, the printed in the RECORD. United States may again be as crooked, as There being no objection, the article deceitful, as filled with hypocrisy, as every- HON. HARRY F. BYRD, JR. was ordered to be printed in the RECORD, body else. And this will be a tremendous re- OF as follows: lief. For the past ten years, since the UN im- IN THE SENATE OF THE UNITED STATES BYRD AMENDMENT REPEAL DISGRACEFUL posed these punitive sanctions, none of the leading members of the UN has paid the (B y James J. Kilpatrick) Tuesday, March 29, 1977 slightest attention to them. Visitors to Salis- W A SHIN G T O N .-T he House and Senate voted bury have marveled at the evidence of world- Mr. HARRY F. BYRD, JR. Mr. Presi- with a whoop and a holler last week to repeal wide commerce before their eyes-Toyota dent, I have maintained for many years the Byrd amendment on Rhodesian chrome. from Japan, Fiats from Italy, Volkswagens now that the punitive sanctions imposed An exultant President signed the bill the from Germany, Chevrolets from the United on Rhodesia by the United Nations were next day. "This puts us on the side of what's States. Every major nation of the world has hypocritical and ineffective. right and proper," he said. It was a fatuous violated the sanctions in every conceivable remark, but no more than what we are learn- way. The hypocrisy stems from the fact that ing to expect from Mr. Carter. the Government of Rhodesia is no more Rhodesia produces the finest matellurgical Until it was snuffed out a few days ago, illegal, no more oppressive, and no more chrome in the world; and for the past ten the B yrd Amendment was the one bright years, despite the UN embargo, Rhodesia has undemocratic than a great many other flame of truth in a murky world of diplo- sold every ton that could be mined. The ore governments within the United Nations. matic falsehood. As such, it was a great em- has gone to , to England, to German, Yet Rhodesia is the only nation to date barrassment. In the midst of ten thousand and of course to the United States. The ore to be singled out for total sanction by lies, there stood the Byrd Amendment: Little will continue to find its way into the chan- the U.N. Orphan Honesty. Observers of the African nels of steel production worldwide. The only scene were perplexed: What's a nice kid like Many of the leading members of the difference, now, is that the cheating will be you, they kept saying, doing in a joint like unanimous. U.N. have ignored the sanctions while this? Mr. Carter, maintaining his fatuity record publicly paying lip service to them. During the five years of its existence, the in this regard, referred the other day to the Despite these multiple hypocrisies, the Byrd Amendment provided the only breath "illegal" regime in Rhodesia. The regime at United States has complied with the U.N. of integrity in the UN's fetid swamp. The Salisbury is precisely as "illegal" in its ori- sanctions rigorously with the single ex- amendment openly, unapologetically, with- gin, neither more nor less, than Mr. Carter's ception of strategic materials vital to the out shame or subterfuge, authorized the im- regime in Washington. As we were reminded defense of the United States. portation of Rhodesian chrome. The amend- to the point of saturation throughout 1978, ment was in palpable violation of the United the United States came into being by means None has addressed this subject better Nations' sanctions against trade with Rho- of a unilateral Declaration of Independence than did the syndicated columnist, James desia. So long as it remained on the books, from Great B ritain. O ur forefathers were J . Kilpatrick, in the column published the amendment made Uncle Sam a kind of rebels, traitors, revolutionaries. And not to 9506 EXTENSIONS OF REMARKS March 29, 1977 put too fine a point upon it, they were racists tion of its "police state" activities Soviet authorities will be emboldened to also--dedicated to denying the black slaves against Jews and Christians and other further repression if Mr. Carter is silent on the most elementary hum.u.1 a•.td civil rights. so called dissidents, would be shallow, the Shcharansky case: "Any hestitation will In the name of conscience, in the name of have very tragic consequences." history, how oa.n the Americans of that in­ indeed. For as Sakharov warns, if the President Carter has in fact been quite heritance denounce an "illegal, racist regime" United States lets up, it will only encour­ steadfast in his human rights campaign, tell­ in Salisbury? The government of Rhodesia age the Soviets to be more repressive and ing Senators not to get nervous every time is no more illegal than any other government lead to tragic consequences. Chairman Brezhnev sneezes and proposing born of revolution; and it is no more oppres­ The article from the Wall Street additional funds for the Voice of America, sive or undemocratic than dozens of other Journal of March 25, 1977, follows: Radio Free Europe and Radio Liberty. Even so, his human rights campaign will come regimes that are cordially welcome in the THE SAKHAROV CHALLENGE family of nations. under a cloud if he ignores the Sakharov The whole business is disgraceful. Mr. Car­ Nobel laureate Andrei Sakharov, whose challenge. With Secretary Vance headed for ter has won repeal of the Byrd Amendment. correspondence with President Carter has Moscow, President Carter should make it His next stop will be to obliterate the tiny especially upset the Kremlin, has issued a publicly clear that whatever deals may be Rhodesian information Service that has been public challenge to the President in connec­ struck, the U.S. recognizes the especially dis­ operating modestly in Washington for the tion with Secretary of State Cyrus Vance's turbing overtones of the Shcharansky arrest. past decade. Not a single dissenting voice is Moscow trip this weekend. If the President is to be permitted. Root and branch, the last really serious about his human rights cam­ vestige of a Rhodesian presence is to be paign, Mr. Sakharov says, he must come to stamped out. the support of Anatoly Shcharansky. This is the scenario: The peaceful, inoffen­ Mr. Shcharansky, a computer specialist ac­ FOOD-FOR-PEACE HUMANITARIAN sive government of Ian Smith under which tive in the Jewish emigration movement, was SHIPMENTS the blacks of Rhodesia have attained the arrested in Moscow last week. Tremors in­ highest standards of health, education and stantly spread through the Soviet dissident personal income in southern Africa, is to be community, since Mr. Shcharansky had toppled. The country then is to be delivered earlier been accused in Izvestia of spying for HON. CLEMENT J. ZABLOCKI into the hands of power-hungry terrorists, the CIA. A police spokesman said the arrest OF WISCONSIN Marxist in their orientation, who will set up was for suspicion of a "crime against the IN THE HOUSE OF REPRESENTATIVES a one-party dictatorship in the fashion of state," the category including treason and Zambia, Mozambique and Angola. The native espionage. Recently most dissidents have Tuesday, March 29, 1977 blacks will have no effective voice in their been charged with crimes like "slandering Mr. ZABLOCKI. Mr. Speaker, I have c.est.ny; they will be worse off than they are the Soviet state," which have at least some now. Most of the white Rhodesians will leave, legalistic reference to their actual activi­ introduced a bill designed to strengthen and a long dark night will begin. ties. The introduction of espionage charges an important humanitarian provision of In that dreary prospect, repeal of the Byrd is an at!l.vism of the Stalinist era. the food for peace program

SOCIAL SECURITY ACT In each case, outlays were calculated as­ 6. Estimate comparison: Not Applicable. suming that appropriations would be at 7. Previous CBO estimate: None. 8. Estimate prepared by: Jeffrey C. Merrill 1978 1979 1980 1981 19 full authorization levels. 6. Estimate comparison: None. (225-7766). 7. Previous CBO estimate: None. 9. Estimate approved by: Amount.. ••••••• 243. 9 72. 4 83.6 8. Estimate prepared by: Jeffrey C. Merrill JAMES L. BLUM, (225-7766). Assistant Director for Budget Analysts. PUBLIC LAW 95-63 9. Estimate approved by: JAMES L. BLUM, Assistant Director for Budget Analysis. Amount. •• ------1. 2 1. 7 ------"NATIONAL LUPUS WEEK" DRAWING . 050 .050 ------CONGRESSIONAL BUDGET OFFICE, Total outlays ••.•600. 7 327. 0 170. 0 2. 8 • 432 Washington, D.C., March 29, 1977. Hon. HARLEY o. STAGGERS, HON. GLENN M. ANDERSON Note : Totals may not add due to round ing. Chairman, Committee on Interstate and For­ OF CALIFORNIA eign Commerce, House of .Representa­ 5. Basis for estimate: Outlays are based on tives, Washington, D .C. IN THE HOUSE OP REPRESENTATIVES specific program spendout rates from HEW DEAR MR. CHAIRMAN: Pursuant to Section Tuesday, March 29. 1977 as o! January 19, 1977, and updated by CBO. 403 of the Congressional Budget Act of 1974, 6. Estimate comparison: None. the Congressional Budget Office has prepared Mr. ANDERSON of California. Mr. 7. Previous CBO estimate: None. the attached cost estimate !or H .R. 4974, the Speaker, for almost a year now I have 8. Estimate prepared by: Mary Plaska (225- Health Planning and Health Services Re­ been striving to achieve an expression of 7766). search and Statistics Extension Act of 1977. recognition by the Members of this House 9. Estimate approved by: Should tbe Committee so desire, we would of the Congress of a deadly, widespread, JAMES L. BLUM, be pleased to provide further details on the and largely unknown disease called lupus Assistant Director for Budget Analysis. attached cost estimate. Sincerely, erythematosus-lupus. CONGRESSIONAL BUDGET OFFICE, A.LICE M. RIVLIN. This disease currently afflicts over Washingt on, D .C. March 29, 1977. Director. 500,000 people in this country, many of Hon. HARLEY 0. STAGGERS, them women and children. On the first Chatrman, Commt ttee on Interstate and CONGRESSIONAL BUDGE"r OFFICE COST day of this session I introduced House Foreign Commerce, House of Representa­ ESTIMATE Journal Resolution 24 with 24 of my col­ tives, 'Washington, D .C. 1. Bill number: H.R. 4974. leagues; the purpose of which was to DEAR Ma. CHAIRMAN: Pursuant to Section 2. B111 title: Health Planning and Health 403 of the Congressional Budget Act of 1974, authorize the President of the United Services Research and Statistics Extension States to proclaim a week in 1977 as the Congressional Budget Office has prepared Act of 1977. the attached cost estimate !or H .R. 4975, the 3. But purpose: To authorize nppropria­ "National Lupus Week." Biomedical Research Extension Act of 1977. tions !or FY 1978 !or the following Sections Since that time 156 additional Mem­ Should the Committee so desire, we would of the Public Health Service Act: bers have joined in cosponsorship of this be pleased to provide further details on the joint resolution including 11 of our full attached cost estimate. committee chairmen. But due to the rules Sincerely, Author ization A.LICE M. RIVLIN, Section No. Purpose level of the subcommittee with jurisdiction in Director. this matter, our resolution remains in a 308(iXI) ______National Center for Health $27, 600, 000 state of limbo since 219 cosponsors are Services Research. needed in order for the subcommittee to CONGRESS'IONAL BUDGE"r OFFICE 308(iX2) ______National Center for Health 31, 740, 000 COST ESTIMATE Statistics. consider it. 1516(cX1). __ __ Planning grants ______1. 125, 000, 000 I would like to personally thank the BUl number: H.R. 4975. 1525(c) ______State planning agencies. ____ _ 35, 000, 000 2. Blll title: Biomedical Research Extension 1526(e) •• ______Rate regulat ion . ______6, 000, 000 181 Representatives who have demon­ Act of 1977. 1534(d). ______Centers for health planning __ _ 10, 000, 000 strated their concern and compassion for 1613. ______Fac1ht1es construction ______135, 000, 000 3. Purpose of blll: To extend the authoriza­ 1640 ______Area development______these hundreds of thousands of lupus­ tions for one year (fiscal year 1978) for the 120, 000, 000 afHicted patients across the country and following Sections of the Public Health Serv­ Total authorization •••. ______490, 340, 000 have cosigned the resolution. I would also ice Act: like to thank the many local lupus chap­ 4. COST ESTIMATE ters in Tennessee, in central Illinois, in Authori zation , in southern Arizona, in Section No. Purpose level tOutlays in millions of dollars) Texas, in New York, in my home State of California, and elsewhere throughout 390(c) •• ------Med ical libraries ______19, 200, 000 Section 1978 1979 1980 1981 1982 409 •••• __ •••• Cancer co ntrol. _•. ______69, 116, 150 the United States for their support. 410C ••• ---· __ National Cancer Institute. ___ _ 847, 162, 450 We still need 38 more cosponsors. Time 414(b) ••• __ • __ Heart and lung treatment 29, 900, 000 308(iX1) •.• ______9. 9 18.8 3. 9 ------programs. 308(iX2) •. ______22. 5 9. 2 ------is running out if we are to be successful 4198 __ •• -· National Heart and Lung 406, 636, 550 1516(cXl>------50.o 75. 0 ------in having a week of Federal recognition Institute. 1525(c)______14. 0 21.0 ------in 1977. 472(d) .•• ______National Research Service 137, 700, 000 1526(e)______3. o 3. 0 ------awards. 1534(d).______2. 0 6.0 2.0 ------I u1·ge those Members who do not see 1613.______18. 9 33. 8 47. 2 27 8. 1 Total authorization. ______l, 499, 785, 150 their names listed below to contact me 1640. ______24.0 60. 0 24.0 12 ------and join in our etiorts to bring to the TotaL____ 144. 4 221. 8 17. 1 39 8. 1 attention of the American people the 4. COST ESTIMATE existence of this deadly disease of the tOutlays in millions of dollars! 5. Basis !or estimate: Spendout rates !or connective tissues and vital organs. 1978 are based upon HEW's Outlay Analysis, Our resolution authorizes no Federal 1978 1979 1980 1981 dated January 19, 1977. Spendout rates !or funds and in no way obligates the Treas­ 1979-1982 are based upon prior spending ury of the United States. All it does is 390(c). •. ______experience o! these programs. The following 8. 4 0. 8 ----·----·------rates were used for each Section : (First year authorize President Carter to issue a 409 ______26. 3 31.l 9. 7 2. 0 presidential proclamation proclaiming 410C . ______321. 9 381. 2 118. 6 25. 5 through fifth year) : 414(b) __ ___ ------11. 4 13. 5 4. 2 . 8 308(i) (1), 36 percent, 50 percent, 14 per- the week of September 18-24, 1977 as 4198 __ ~------154. 5 183. 0 56. 9 12. 2 cent. "National Lupus Week." 472(d) ••• ------52. 4 62. 0 19. 3 4. l 308(1) (2), 71 percent, 29 percent. The list of cosponsors follows: TotaL ____ 574. 9 671.6 208. 7 44. 6 1516(c), 40 percent, 60 percent. A LISTING OF THE COSPONSORS OF HOUSE JOINT 1525 ( c). 40 percent, 60 percent. RESOLUTION 24 1526(e), 50 percent, 25 percent, 25 percent. 5. Basis for estimate: Medical libraries 1534(d) , 20 percent, 60 percent, 20 percent. James Abdnor of South Dakota, Jo eph were assumed to be primarily salaries and 1613, 14 percent, 25 percent, 35 percent, Addabbo o! New York, Daniel Akaka o! Ha­ expenc:es and were projected to spend out at 20 percent, 6 percent. wall, Clifford Allen of Tennessee, Glenn An­ derson o! California, Les AuCoin o! Oregon, 91 % the first year and 9 % in 1979. All other 16~0. 20 percent, 50 percent, 20 percent, programs which include much more grant 10 percent. Herman Badillo o! New York, Max Baucus of and contract funds will, based upon his­ In each case, outlays were calculated as­ Montana. torical experience, spend out at 38%, 45 %, suming that appropriations would be at full Robin Bea.rd o! Tennessee, Anthony Bell­ 14% a.nd 3 % between 1978 and 1981. authorization levels. enson of California, Tom Bevlll o! Alabama, 9520 EXTENSIONS OF REMARKS March 29, 197·7 James Blanchard of Michigan, David Bonior York, Melvin Price of Illinois, Albert Quie of DOCTOR ON TRIAL of Michigan, David Bowen of Mississippi, Minnesota, James Quillen of Tennessee. John Brademas of Indiana, John Breckin­ Nick Joe Rah all of West Virginia, Charles ridge of Kentucky. Ran gel of New York, Henry Ruess of Wiscon­ HON. LARRY McDONALD Jack Brinkley of Georgia, W111iam Brodhead sin, Frederick Richmond of New York, Mat­ OF GEORGIA of Michigan, Garry Brown of Michigan, t hew Rinaldo of New Jersey, Ted Risen­ George Brown of California, Clair Burgener hoover of Oklahoma, Ray Roberts of Texas. IN THE HOUSE OF REPRESENTATIVES o! California, J. Herbert Burke of Florida, Peter Rodino of New Jersey, Robert Roe Tuesday, March 29, 1977 Yvonne Burke of California, Phillip Burton of New Jersey, Edward Roybal of California, Of Callfornia. Marty Ru sso of Illinois, Jim Santini of Mr. McDONALD. Mr. Speaker, it has Charles Carney of Ohio, Tim Lee Carter of Nevada, Ronald Sarasin of Connecticut, been obvious to many people for years, Kentucky, Del Clawson o! California, James James Scheuer of New York, Paul Simon and even the press is catching on, that Cleveland of New ~ampshire, E. Thomas from Illinois. the battle against cancer is being lost, Coleman of Missouri, Silvio Conte of Massa­ Bernie Sisk of Callfornla, John Slack of not won. However, the Congress con­ chusetts, James Corman of California. West Virginia, Stephen Solarz of New York, David Cornwell of Indiana, Baltasar Cor­ of Maryland, Harley Stag­ tinues to appropriate millions to be spent rada o! Puerto Rico, William Cotter of Con­ gers of West Virginia, J. Wllliam Stanton of on more variations of radiation and necticut, o! Pennsyl­ Ohio, of California, Louis Stokes chemotherapy. It is as though all our vania, Norman D'Amours of New Hampshire, of Ohio. cancer researchers had blinders on. George Danielson of California, Mendel Davis Steven Symms of Idaho, Richard Tonry of However, woe to anyone who steps out of o! , E de la Garza of Texas. Louisiana, Bob Traxler of Michigan, Morris this path. Ronald Dellums of California, Ron de Lugo Udall of Arizona, Al Ullman of Oregon, Guy Dr. John Richardson, a California of the Virgin Islands, Robert Dornan of Cali­ Vander Jagt of Michigan, Bruce Vento of fornia, Thomas Downey of New York, Robert Minnesota, Joe Waggonner of Louisiana. doctor, has been treating cancer patients Drinan of MassachusetUI, John Duncan of Douglas Walgren of Pennsylvania, Robert for some years with B-17 or Laetrile. He Tennessee, Robert Edgar of Pennsylvania, Walker of Pennsylvania, William Walsh of is a personal friend and one of the finest Mickey Edwards of Oklahoma. New York, of California, Ted people I know. This treatment has been Allen Ertel of Pennsylvania, Bill Lee Ev·ans Weiss of New York, Charles Wiggins of Cali­ successful in many instances. Indeed, of Georgia, Walter Fauntroy of Washington, fornia, Charles Wilson of Texas, Charles H. many other scientists and doctors are D.C., Millicent Fenwick of New Jersey, Ham­ Wilson of California. working with various vitamins and nu­ ilton Fish of New York, of Penn­ Larry Winn of K!l.nsas, Lester Wolff of New tritional aspects of food as they might sylvania, Walter Flowers of Alabama. York, Antonio Won Pat of Guam, Sidney William Ford of Michigan, Benjamin Gll­ Yates of Illinois, of Pennsyl­ relate to cancer. man of New York, Bo Ginn of Georgia, Dan vania, Don Young of Ala.ska, Robert Young Dr. Richardson has been under con­ Glickman of Kansas, Barry M. Goldwater Jr. of Missouri, Leo Zeferetti of New York. stant harassment by Federal authorities of California, Henry Gonzalez of Texas, Albert for this tr\?atment in spite of the fact the Gore of Tennessee, Tennyson Guyer of Ohio. FDA pins its whole case on the prohibi­ Sam Hall of Texas, John Paul Hammer­ tion of interstate movement of the drug. schmidt of Arkansas, James Hanley of New York, Mark Hannaford of California, George ANNIVERSARY OF THE BYELO­ Alaska ~egalized B-17 and several other Hansen of Idaho, Augustus Hawkins of Cali­ RUSSIAN DEMOCRATIC REPUBLIC States have similar bills pending. But the fornia, Margaret M. Heckler of Massachu­ saga of one honest doctor's attempt to setts, W. G. Hefner of North Carolina. provide the best remedy he knows is a Cecil Heftel of Hawaii, Harold Hollenbeck HON. JOHN J. RHODES story in itself. I commend this item as of New Jersey, Frank Horton of New York, OF ARIZONA it appeared in the Review of the News James Howard of New Jersey, Wi111am Hughes IN THE HOUSE OF REPRESENTATIVES on February 2, 1977, to the attention of of New Jersey, Henry Hyde of New York, Andy my colleagues: Ireland of Florida, Ed Jenkins of Georgia. Tuesday, March 29, 1977 John Jenrette of South Carolina, Bizz Mr. RHODES. Mr. Speaker, March 25 DOCTOR ON TRIAL Johnson of California, Ed Jones of Tennes­ marked the 59th anniversary of the Dr. John Richardson ts on trial in San see, James Jones of Oklahoma, Abraham Diego, California, along with a dozen others, Kazen of Texas, Jack Kemp of New York, founding of the Byelorussian Democratic for conspiracy to smuggle and conspiracy to Wllliam Ketchum of California, Peter Kost­ Republic. It has long since been swal­ receive smuggled goods. The doctor is acting mayer of Pennsylvania, John Krebs of Cali­ lowed. up by the tyranny of Communist as his own attorney, and the following ls a fornia. Russia. condensation of his introductory remarks to John La.Falce of New York, Robert Lago­ It is most appropriate that here in the jury. marsino of California, Raymond Lederer of the United States we observe this an­ Ladies and gentlemen of the jury: Pennsylvania, Joseph Le Fante of New Jer­ niversary. For two centuries we have pre­ You are sitting in judgment of a case that sey, Norman Lent of New York, El11ott may be one of the most important in Amer­ Levitas of Georgia, Jim Lloyd of California served freedom as the bedrock of our ican history. The issue is not smuggling, but Marilyn Lloyd of Tennessee. Republi~. Today, benevolent paternal­ literally whether medical science ls to be Trent Lott of Mississippi, John McFall ism, exercised in the guise of public pro­ frozen by bureaucratic fiat. The lives of mu. of California, Matthew McHugh of New York, tection, is an internal threat to our own lions are in the balance. I am charged with Stewart McKinney of Connecticut, Andrew tradition of freedom. conspiracy to smuggle-but the purpose of Maguire of New Jersey, James Mann of South In this year of 1977 the cause of hu­ this prosecution is not to punish a smuggler Carolina, Ron Marlenee of Montana, Dawson man rights around the world has taken but forever to chain the advancement of Mathis of Georgia. on new dimensions. There are stirrings medical science to political whim. Romano Mazzolt of Kentucky, Helen Mey­ everywhere of oppressed people against Let me begin with a short biography. I was ner of New Jersey, of in college when our country was attacked Maryland, Abner Mikva of Illtnois, Clarence the shackles of thought and action im­ and forced into World War II. I quit school Miller of Ohio, Norman Mineta of California, posed by totalitarian regimes. Although and joined the Marine Corps. After success­ Joseph Minish of New Jersey, Joe Moakley the nations of Eastern Europe have been fully completing the Officers Candidate of Massachusetts. obliterated in many instances, and their School Training, I served in Guam, Saipan, Anthony Moffett of Connecticut Robert populations dispersed, those of Byelo­ and China. Following the war I returned to Mollohan of West Virginia, Carlos Moorhead russian descent in the United States ob­ .college where I played football and served on of California, Wllliam Moorhead of Pennsyl­ serve this anniversary in the fervent the student council and honor court. After vania, of Pennsylvania, John being graduated I entered medical school l't Murphy of New York, Michael o. Myers of hope that one day their homeland may the University of Rochester and upon com­ Pennsylvania, Stephen Neal of North Caro­ again be autonomous and free. It is fit­ pletion of my studies received a. fellowship lina. ting that we in Congress take note of for medicine and surgery at Mary Imogene Robert Nix of Pennsylvania, Richard Nolan their faith and that we work to advance Bassett Hospital in Cooperstown, New York: of Minnesota, Mary Rose Oakar of Ohio, the cause of human rights for all peoples. Continuing to prepare myself for practice I James Oberstar of Minnesota, George We also must be on guard that we do not accepted a fellowship in ear, nose, and throat. O'Brien of Il11nols, Richard Ottinger of New fritter away our freedoms through over­ at Kaiser Hosoital in San Francisco. York, Leon Panetta of Cs.llfornla, Edward bearing Government, confiscatory taxa­ Finally, in 1956, I opened a general practic;~ Patten of New Jersey. in Albany, California. It grew rapidly and Jerry Patterson of California, Edward Pat­ tion, and overdependence on Govern­ I became both professionally and financially tison of New York, Claude Penper of Florida.. ment to make decisions that a free people successful. I stress this because, as we all Carl Perkins of Kentucky, Otis Pike of New must make for themselves. know from watching Perry Mason and Sher- 9521 March 29, 1977 EXTENSIONS OF REMARKS THE CANCER ESTABLISHMENT lock Holmes on television, a major element on the arm of my nurse's sister and wanted ln juaging those charged with crime is to to ampu11t1.te immediately. Consider what it Every year more than 370,000 Americans exaw.1ne mot.he. Why would a pro1essionally mean~ to her and ail ol'. us when she re­ are kllled by cancer. ~t is by far the most and t1nancit1.11y succe.;s1ul ph.Yslcian risk sponded beautUully to the B-11 treatment. teared of the deadly diseases. Man bas with everything to become a smuggler? Surely I saw her recently at a wedding, and laa1es little success be~u looking tor a cure to this that is something we associate with profes­ and gentlemen of the Jury she came up to me horrible klller 1or ages. Much of the research sional crlmmals or people who are aesl)erate and graboed both of my ha.nds ... with both has been sponsored by the American Cancer and nave no otner way of making a comtort­ ot her hands. Society, established long ago by the Rocke­ able living. That is clearly not the case with With such splendid results, I began using feller fam1ly and some of its business friends. myself. B-17 with other patients as part of an overall Since they were in the petroleum and drug I am here before you today instead of at nutritional program. The use or B-17 ls legal businesses they were interested in looking home in Albany treating my patients be­ in the State of California as long as it is not for a solution to the cancer threat that in­ cause in my practicti I use a substance called being used spec11lcally and exclusively as a volved the use ot synthetic drugs. As it hap­ Vitamin B-17 also known as amygdalin or treatment for cancer. But I soon found my­ pens, most synthetic drugs have a coal-tar laetrile. I think it is important tor you to self the victim of harassment by armies of base; that ls, they are derivatives of understand how and why I became involved state and federal bureaucrats. petroleum. in fighting tne giant meaical bureaucracy by SUSTAINED HARASSMENT over the past several decades the Ameri­ using this vitamin. In June of 1972, eight men from the Cali­ can Cancer Society has financed and directed WHAT IS LAETRILE? fornia Food and Drug Administration and the vast majority of the cancer research in the Albany police burst into my office as if to this country through grants. There may or The emcacy of laetrile is not the subject may not have been something sinister in all ot this trial; but the story of B-17 is rele­ capture John Dillinger. They were accom­ panied, it you can believe it, by a film crew this, but the point ls that if you wanted vant to why I happen to be in this courtroom money to do cancer rese rch you were most charged with being a common criminal. In from ABC television. My sta1f and I were treated like heroin pushers as government likely to get it by looking in an area which 1969, as pa't't of my continuing medical involves the use of coal-tar-based chemicals studies, I spent some time investigating the agents manhandled my nurses and ran­ sacked the office. They were looking tor lae­ and assorted synthetic medicines. claims made for Vita.min B-17. '!"his vitamin Maybe they have not been looking in the ls extracted from apricot seeds and contains trile, as if there were some dark secret that a substance from a tamlly known as nlt.rilo­ I was using it 1n my practice. The presence right place. There is another theory on the cydes. I discovered that these nitrllocydes oc­ of a television crew to record such a com­ prevention and control of cancer. This Iles in curred in nature not only in apricot seeds mando operation ls, as far as I know, un­ the fteld of orthomolecular medicine. That ls but also in peach seeds, bitter almonds. and precedented 1n annals of the C.F.D.A. Ap­ a term coined in 1968 by Dr. Linus Pauling, the famous Nobel laureate. The prefix some 1,200 natural s"urces. 'i'orugnt, l! yvu parently the idea was to put me, a faithful have lima bean3 with your dinner, you wW and respected physician, in the worst pos­ "ortho," from the Greek means "correct." be ingesting nltrilocydes. sible llght by making me look llke a common And "molecular" relates to molecules. Ac­ While studying thls subject, I learned that criminal to a public that gets 70 percent of cording to the Linus Pauling In tltute of there are parts of the world where the every­ its news from images ftashed on television. Science and Medicine, in its Newsletter, Vol­ day diet is high in nitrllocydes; and I noted It seemed obvious that I was to be tried by ume 1, Number 1: that the higher the natural diet is in this the press with loaded and phony evidence, "Orthomolecular medicine ls the achieve­ substance, the lower the incidence o! cancer. and that the creation o! such a smear was ment and preservation o! good health and the sole reason why the C.F.D.A. had brought the prevention and treatment of disease by It was hypothesized that these nltrilvcycies the use of substances that are normally pres­ are connected t'> the immunity system which along the television crew. exists in each of our bodies. One noted, tor Outraged at such abuse, some of the local ent in the human body; that 18, by changing example, that in the last century miUet. media began to champion my ca.use and I the amounts of those substances in the hu­ was soon refused my right to a Jury at the man body. The vitamins are substances of which is high ln nitrllocydes, was a st..ple this sort. One or the goals of orthomolecu­ 1n the American diet. Since that time wheat, first trial. I appealed, and forced the Judge to which is low in nltrllocydes, has replaced permit a trial by jury. But I soon had major lar medicine is to determine the amounts of mlllet on our tables even as the incidence problems with my attorney, a nightmare various vitamins that are needed to put peo­ within a nightmare, and I was convicted ple in the best of health. Synthetic drugs ot cancer has beel'! steadily increasing. ot using laetrile to treat cancer, even though and other artiflcial substances are not a part WHEN ASKED FOR HELP I had always been careful to explain to of orthomolecular medicine." Such information was fascinating, but each patient that I was providing laetrile as AB much as f28 billlon is spent each year strictly academic since I did not treat cancer part of an overall nutritional program. Never ln the fields of cancer research, detection, patients as part of my practice. Then one have I claimed laetrile would "cure" cancer. and treatment. You could put the portion of day my nurse, Charlotte Anderson, came to Despite the many carefully documented cases this $28 bllllon which goes into orthomolec­ me almost in tears to announce that her of total remission, no reputable physician ular research in your eye and it would not sister bad cancer. She wanted to know if I tbat I know of claims that Vitamin B-17 ls blur your vtston. The bureaucrats, founda­ would treat her with laetrile shots. Whether anything more than a control for the dis­ tion powers, and medical politicians do not to do this was a very dlftlcult decision. I told ease. intend to be proved wrong. The answer is go­ her that the proponents of B-17 did not claim I appealed, was granted a second trial, ing to be found in synthetics come hell or that lt was a cure for cancer, but tha.t it often and it resulted in a bung jury. Unsatisfled, high water. In the opinion of those of us in acted as a. control much in the way that in­ the state tried me yet again on the same orthomolecular medicine, this means it may sulin, not a cure for diabetes, serves to con­ charge and I was forced to endure a third never be found at all while Americans con­ trol that disease. My nurse ~~1eved that her trial. Once more there was a hung jury, and tinue to die horribly at the rate of 370,000 a sister·s chances were better with laetrile than this tune the judge saw what was happen­ year. through the traditional forms of treatment-­ ing and ordered the state to get otr my back THE PAULINO PROSPECT composed of cutting (surgery), burning (ra­ and quit harassing me. Unfortunately, as Let us take a look at Llnus Pauling tor a diation), and poisoning (chemotherapy). you know, there are now so many govern­ moment. Now, politically, I consider Dr. Paul­ At that time I had no idea of how political ment bureaus and agencies that harassment ing to be on the moon, but there ls no the treatment of cancer had become, and can be moved from one bureau to another, denying that he ls one of the great scientists how politics and self-interest now so often to another, to another, until the victim sur­ ot this century. And tor many years he was supersede the search for medical cures. I did renders or ls destroyed. The idea is to crush the absolute reigning darllng of the Ameri­ know that the treating of cancer with laetrile resisters to the bureaucracy by keeping them can scientftc establishment. Then, about ten was frowned upon by the medical establish­ constantly in court while draining them years ago, he began looking into diet as a fac­ ment. But my Hippocratic Oath as a physi­ financially through attorneys tees. tor in preventing and treating disease. Paul­ cian was and ls more important to me than The time and money which go into such ing has set up an institute at Stanford Uni­ politics, the whims ot bureaucrats, the vested a defense are enormous, and by the tune you versity for the study of orthomolecular medi­ interests of drug companies and research are found innocent you have been driven so cine. But even Linus Paultng, possibly the institutions, or even the current fads of those deeply in debt that every practical impulse most famous living scientist In the world, who claim to speak for the medical profes­ urges you to give up your principles, forget cannot obtain grants from either the blg sion. I knew I could not refuse to treat my your moral obligations, and do whatever it foundations or the government to carry out nurse's sister without betraying my Hippo­ is they want. I can't do that. I have sworn his research. Professor Pauling bas gone from cratic Oath and becoming a traitor to my an oath as a physician and I can't let in­ the penthouse ot the scientific establishment conscience. It was a momentous decision and nocent people die needlessly. This ls why I to its outhouse. He was forced to buy ads in I knew it. What I did not then realize was am defending myself in this trial. the Wall Street Journal ot November 8, 1976, that I ~as about to bring down upon myself The logical question now is why everybody to soltcit research funds. The Pauling Insti­ and my family the vengeance and hatred of a would get so excited about a doctor using tute's sollcitation begins: professional machine that felt its authority Vitamin B-17 1n his practice. This 1s a simple "Our research shows that the incidence threatened. question, but the answer ls very complicated. and severity of cancer depends upon dlet. We Kaiser Hospital had biopsied a melanoma Let me try to make sense out of it !or you. urgently want to refine that research, so that ·9522 EXTENSIONS OF REMARKS March 29, 1977 · it may help to decrease suffering from-human fense contractors. Then they proceed to ne­ Cancer Establishment become the enemy. cancer. · gotiate defense contracts with their old That is why I am in here in this court today "The U.S. government has absolutely and chums. This fact of political life has received instead of home treating the sick and suffer­ continually refused to support Dr. Pauling a fair a.mount of publicity. What has received ing. and his colleagues here ln this work during virtually no publicity ls the fact that the WHAT IS AT STAKE the pa.st four years." same kind of musical chairs is played be­ As I said earlier, I began using Vitamin tween the drug company giants, the Ameri­ I can tell you that if Dr. Pauling were B-17 because I felt obligated under my Hip­ can cancer Society, and the Food and Drug pocratic Oath to do so. But I know for a fact researching in the field of petroleum-based Administration. Much of this, incidentally, chemicals he would be inundated with funds of many other good doctors who have at­ has been brought out by Senator William tended seminars on the prevention and con­ from both the U.S. Government and the Proxmire of Wisconsin. American Cancer Society. But, Nobel laureate trol of cancer through diet who have spent What it all means is that, by operating in considerable time and effort doing their own Linus Pauling, the world's most famous liv­ both the private and public sectors, a power­ ing scientist, has become a pariah. He ls now research into this matter and who would like ful clique has a hammerlock on research and to use B-17 in their practice. A number of a non-person as far as the U.S. medical estab­ treatment in the field of cancer. If you are lishment is concerned-simply because he be­ them simply do not dare. They believe from on their team and play the cancer game their the evidence that our position is medically lieves that a solution to the mystery of cancer way, you are respectable and you get public lies in the field of diet, and that prevention right, but they know it is politically danger­ recognition with lots of generous grants. If ous. They dare not subject themselves to the and treatment can be found through vita­ you are not on their team, and persist, you mins, minerals, and enzymes. You see, they kind of harrassment I have had to endure. wm be vilified as a quack preying upon the And I must admit that if I had known what cannot be patented. Potential profits do not suffering of others. You will be harassed by therefore justify commercial research. I was getting into when I stumbled into this every possible branch of government, with I A WORD ABOUT MOTIVES field can't say what my own course would sensationalists in the mass media treating have been. I pray it would have been the Probably the most difficult thing to under­ you like some kind of dope peddler. You can same. stand about all this is that men of science imagine how humiliating and infuriating it If enough doctors would Jump into this could be so foolish as to foreclose the avenue is to be faced with such an assault and to fight, the sinister effort to use the bureauc­ know that if you and other medical scien­ suggested by Pauling and others. Cancer ls racy to dictate scientific truth would be ex­ such a horrible disease that it staggers the tists give in to it you could be signing the mind to think that every possibility of find­ death warrants of literally millions. posed and defeated. But each of us sees him­ ing a means of prevention or remedy is not Not that there are not real quacks in the self as an individual and few busy doctors being exhaustively explored. Cynics have field of cancer who prey upon i'gnorance and dare to pit themselves against a powerfut pointed out that with the bllllons of dollars desperation-black-box charlatans and seedy army of bureaucrats and prosecutors backed ft.owing into cancer research-that ls, cancer con men. But it should be clear to even the by a multibillion-dollar machine. Doctors are research of the "right" kind-there is more merest stripling that no legitimate Doctor of not masochists. money to be made looking for a cure than Medicine like myself, with a thriving prac­ I hope that now you see why I began this tn actually finding it. I believe that the tice and after years of study and faithful introductory statement with the observation scientists doing actual cancer research hope service, would give all that up to become a that you are acting as the jury in an affair with all their hearts that they will be suc­ quack and subject himself and his family to which is far more important than a simple cessful. Besides the humanitarian aspects in· the Hell that I am being put through. smuggling case. The prosecutor knows I am not a smuggler. He knows he has no case volved, whoever finds a. cure or preventative RATIONALIZATION THAT KILLS against me. What ls going on here is that a for cancer will become one of the most fam­ I am not trying to imply that everyone ous people in history. Just as Jonas ~k physician named John Richardson has chal­ has become a household word for producmg connected with the big drug companies, the lenged the Cancer Establishment. If I can be a preventative for polio, the man or woman American Cancer Society, and the F.D.A. is forced to stop treating patients with Vitamin who beats cancer will become an instant consciously saying to himself: "I don't care B-17-if I can be destroyed, even impris­ superstar. Wealth and power will lie at his how many people die agonizing deaths as oned-then, because I am the most widely long as my career is on the upswing." No­ known of the doctors using vitamin therapy, feet. body ls that blatant. But we do know that The trouble ls, as I have explained, that other physicians wlll be afraid to work and human beings hav~ an incredible capacity research in this field. Even now, of the hun­ scientists are being financed to look for the for rationalization of anything which they answer to cancer only within the realm of dreds of doctors provi~ing their patients with see as being in their immediate self-interest. B-17 because they feel morally obligated to tradition.al cancer therapies. They have not If people were not given to rationalization, been able to get money to investigate the do so, most do it in secret because they fear nobody would smoke. The bars would close being subjected to wha.t is happening to me. field of nutrition as it relates to cancer­ down, we would all go on a diet, and the no matter how much we in orthomolecular I have put my years of study, my profession­ churches would be overflowing. Crime would al practice, the reputation and comfort of medicine produce in the way of evidence that virtually disappear, and maybe we would all they are looking for the needle in the wrong myself and my family, on the line, I have sprout angel wings. But this is not Utopia; endured every humiliation, fought success­ haystack. At the rate things are going, they it is the real world. People are given to self­ may never find it. If so, millions of people fully through trial after trial, and continued deception and self-delusion. Probably even to fight. No hope of personal gain could be a.re going to die agonizing and terrible deaths the prosecutor in this case sincerely believes because of the intransigence springing from worth this. I have done it because a physi­ politics, bureaucracy, and blind arrogance. that he is here today to protect the public's cian's Job ls not to be a lackey to the bu­ interest, justifying on that basis some of the reaucracy but to save lives and relieve suf­ We have no quarrel with those who insist lawyer tricks he has been playing. fering. I have done it because I could not on finding the solution to cancer within the My point is that human nature is still break my Hippocratic Oath. If that makes realm of petroleum-based chemicals, al­ human nature, and there is a vast and vested me an old-fashioned doctor who doesn't rec­ though we think they are wrong. What grates self-interest in the orthodox treatment of ognize the new realities, and you consider us ls that these people and their legion of cancer that has been endorsed by a massive associated bureaucrats and hired propa­ that a criminal offense, I guess you're going gandists insist that anybody dealing with bureaucracy. These people tend to be un­ to have to let them put me in jail. cancer from any other position is automati­ willing to admit that anyone searching for cally a quack. Now, of course, they do not answers elsewhere can be motivated by any call Dr. Linus Pauling a quack. They just cut other feelings besides greed and malice. The off his funds while shaking their heads and oil companies want to sell petroleum prod­ ucts to the pharmaceutical companies. The THE NLF OF VIETNAM: ANOTHER tsk-tsk-ing about what a shame it is that MYTH DESTROYED this great man has lost his marbles. But, drug companies want to sell their products ladies and gentlemen of the jury, let me re­ to doctors and hospitals. Doctors who are mind you that Pauling is dealing in the field trained to do so, and ignorant of other al­ of pure research. I have to face the man or ternatives in indicated cases, want to per­ HON. JOHN M. ASHBROOK woman who is dying of cancer. The doctor ls form operations, and use radiation and OF OHIO chemotherapy. Scientists want grants. Bu­ on the front line of this battle, sandwiched IN THE HOUSE OF REPRESENTATIVES in between medical orthodoxy which would reaucrats at H.E.W. want to expand their label him a quack and the patient who ls in authority by getting the federal government Tuesday, March 29, 1977 desperate need. This ls why I am in court for more and more involved in medicine, and Mr. ASHBROOK. Mr. Speaker, the fourth time. they recognize in fear of cancer an excuse for doing so. throughout the fight against the Com­ THE POLITICAL GAME All these people have an enormous inter­ munists in Vietnam I pointed out that There ls an obvious tendency for the fed­ est in maintaining the status quo, and react the National Liberation Front of Viet­ eral regulated big drug companies, the medi­ with anger and resentment at anyone who nam-NLF-and the Vietcong were cal politicians of the American Cancer So­ challenges their well-financed authority. Col­ ciety, and the Food and Drug Administration lectively, the prejudice and bigotry of their nothing but fronts for the North Viet­ to act as one big happy family. We all know reaction is the defense perimeter of what namese Communists. Some of those who that many generals and admirals leave the :::an only be called the Cancer Est:i.blishment. opposed the fight for freedom in Viet­ Pentagon and retire to cushy jobs with de- Those of us who dare to differ with this nam maintained that the NLF and the Ma'rch 29, 1977 EXTENSIONS OF REMARKS 9523 Vietcong were separate from the Com­ Vlet Nam as well as the "face"-in the Asian uated taxpayers who live in the same munists and were trying to throw off sense of losing face-of the United States. single-family development. Despite the Now comes the Woodcock CommisSion fact that their homes, their housing colonialism-first the French and then which, in its report, says at the outset it the Americans. determined .to approach Viet Nam without costs, their income, the number of their That myth has been completely de­ reference to the past. What followed was a dependents, and so forth, are identical, stroyed. The Vietcong have been made description of a very slick con job at the the Federal income tax liability of the part of the regular army. The NLF's hands of the Vietnamese but to which the individual who rents his home is greater Provisional Revolutionary Government commisSion was ready to submit itself wlll­ than that of the individual who has been has been incorporated into the Hanoi ingly. able to purchase his home. government. According to its report, the commisSion However, the inequity is even more fun­ did not examine any evidence except that damental. Under current law, lower and The battle in Vietnam was a fight be­ presented it by the Vietnamese "although tween the forces of communism and they almost certainly have at least some ad­ many middle-income taxpayers receive those forces that opPosed communism. ditional MIA information available [which] no property tax relief, while upper in­ The defenders of the Vietcong were in they did not provide." come taxpayers obtain assistance. fact defending the Communists. The commisSion also observed that further I urge my colleagues who would like obstacles to gathering information might be to cosponsor this legislation or who would presented by the reluctant attitude of many like additional information to contact Vietnamese as well as the passage of time and nature of the country. Nonetheless, the me. EXPERIENCE WARNS AGAINST commission concluded that "there is no TRUSTING HANOI'S GOOD FAITH evidence'' of deserters or defectors alive. It also concluded that other Americans who VIETNAM VETERANS DAY stayed behind "probably have been allowed HON. EDWARD J. DERWINSKI to leave." Additionally, "it ts probable no ac­ OF ILLINOIS counting wlll ever be possible." HON. JAMES ABDNOR IN THE HOUSE OF REPRESENTATIVES Stlll the commission found, and the Presi­ OF SOUTH DAKOTA dent agreed, that the Vietnamese had done IN THE HOUSE OF REPRESENTATIVES Tuesday, March 29, 1977 "about all they can do." And if he finds, the Mr. DERWINSKI. Mr. Speaker, Frank President says, that they are acting in good Tuesday, March 29, 1977 faith he wlll look favorably on normalizing Starr, who is a columnist in the Chicago relations and economic aid. Mr. ABDNOR. Mr. Speaker, we are all Tribune's Washington Bureau, and one­ It is certainly in the North Vietnamese in­ aware of the uproar which was heard time bureau chief of that publication's terest to persuade us that they are acting in throughout the Nation as a result of the office in Moscow, has a good insight into good faith. Then it is certainly not in our President's pardon of draft evaders 2 the historic pattern of Communist interest to be so easily persuaded, given months ago. A great number of the citi­ duplicity. recent experience, unless there is some other, zens of the State of South Dakota ex­ In his column of March 28, be raises deeper interest that Carter has not yet ex­ pressed the same anguish. The citizens a legitimate warning that the trust and plained. Vietnamese membership in the United Na­ of my great State have always supported good faith in the Communist dictator­ tions wlll bring yet another activist member the American fighting men and women ship in Hanoi should be carefully into that body's Communist-Third World in their endeavors to protect this Nation. pondered by the administration's policy bloc. The South Dakota State Legislature, decisionmakers who are leaning toward Moreover, Carter's promise that "we wlll sensing this attitude, passed Senate Con­ embracing that particular Government. never cease attempting to account for those current Resolution No. 4 honoring South The article follows: 2,500 American servicemen who were loeot" Dakota veterans for their services in the EXPERIENCE WARNS AGAINST 'l'atTSTJNG rings a Uttle hollow against the commission's armed forces and protesting the Presi­ HANOI'S GOOD FAITH report that probably "no accounting wlll ever be possible." dential pardon on March 22, 1977. I in­ (By Frank Starr) But the final indignity heaped upon us clude the text of the resolution at this WASHINGTON .-It ts not every schoolboy is the Vietnamese position that, under those point in the RECORD: who knows exactly how many nations there bitter Paris accords, American reparations SENATE CONCURRENT RESOLUTION No. 4 are in the world with which the United are "an obligation to be fulfilled with all A concurrent resolution, honoring the South States has no diplomatic relations. your conscience and all your sense of respon­ Dakota. vetera.ns for their service tn the Even the President could be forgiven 1! siblllty." armed forces and protesting the presiden­ be did not know the precise number. Jimmy If Americans are to accept that, it ls my tial pardon Carter does know it, though. It apparently guess they wlll need to hear a better reason Be it resolved by the Senate of the State ts a statistic which causes him some discom­ why. fort, one he would like to reduce to zero. of South Dakota, the House of Representa­ That would be nice. Even admirable. If tives concurring therein: Whereas, the duty to serve one's country ls that's all there were to it. TENANTS' TAX JUSTICE Bn..L But the nature of the movement toward above and beyond the call of citizenship; Viet Nam suggests that Hanoi is to be the and first in line, and that the President had Whereas, over 27,500 South Dakot ns re­ made up bis mind about this even before HON. HERBERT E. HARRIS II sponded to their civic duty during the Viet­ the Woodcock Commission on the Missing­ OF VXRGINIA nam conflict; and in-Action went to Viet Nam and reported Whereas, there a.re over 83,000 veterans home. IN THE HOUSE OF REPRESENTATIVES in the state of South Dakota who have hon­ One may understand that this President Tuesday, March 29, 1977 orably served their state and nation; and feels it is incumbent on him to take the Whereas, the South Dakota National Guard last step in putting the war behind us and Mr. HARRIS. Mr. Speaker, I am today has honorably served their state and nation; to do it early and promptly. It ls also under­ reintroducing the tenants' tax justice bill and standable that he feels such evenhandedness with additional cosponsors. This bill is Whereas. our president has seen fit to in dealing with adversaries and friends of identical to H.R. 84, H.R. 383, H.R. 1676, grant pardon to those who fled this country left and right ls fundamental to the open and H.R. 2642. To date, 75 Members of or otherwise evaded mandatory compliance foreign policy he wishes to conduct. It can of the draft laws; and the House have cosPonsored this legisla­ Whereas, such pardon may jeopardize the certainly strengthen his hand for the con­ tion to extend property tax relief to fron tatlons that could arise later. future of the United States in the event our But the nature of the movement toward renters. country should again be required to insti­ iVet Nam suggests that Hanoi ts to be the Tenants pay property taxes through tute a draft to defend itself from attack; and first In line, and that the President had their rent. However, unlike other taxpay­ Whereas, such action of the Pre ident ls looking to the future and not the past, there ers, renters are denied the right to claim distressing to those who have honorably ts very good reason to believe that the Viet­ their property tax payment for Federal served their state and nation: namese .are not acting in good faith. income tax purposes. The tenants' tax Now, therefore, be it resolved, by the Sen­ That little matter of the Parts accords to ate of the Fifty-second Legislature of the justice bill attempts to correct this in­ State of South Dakota, the House of Repre­ end the war stlll stands huge on the land­ equity by extending property tax relief scape of agreements made and very promptly sentatives concurring therein, that those who broken. In fact, from the purely diplomatic to renters. have served their state and nation be hon­ point of view, it was a permanent mark on The inequity in the current law is ored as having served honorably above and the credlblllty or the Socialist Republic of clearly demonstrated by two similarly sit- beyond the call of citizenship and be tn- 9524 EXTENSIONS OF REMARKS March 29, 1977 formed that we, the Legislature of the State (D), Sam Nunn, Ga. (D), and Richard G. Edward Roybal (D) s. of South Dakota will continue to hold them Lugar, Ind. (R). Lionel Van Deerlin (D) S. in the high esteem they deserve; and Representatlves- Bob Wilson {R) S. Be it further resolved, that the Legislature Blll Alexander, Ark. (D). COLORADO of the State of South Dakota protests any Charles Bennett, Fla. (D). Frank Evans (D) S&L. pardon program; and Keith J. 8ebelius, Kans. (R). James Johnson (R) S. Be it further resolved, that copies of this Larry Winn, Jr., Kans. (R). Resolution be sent to the President of the Thad Cochran, Miss. (R). Patricia Schroeder (D) S. Timothy E. Wirth (D) S. United States, the Governor of the State of Barber E. Conable, N.Y. (R). South Dakota, the Adjutant General of Mark Andrews, N.D. (R). CONNECTICUT South Dakota, ahd the Congressional delega­ Clarence J. Brown, Ohio (R). Sen. Lowell Weicker (R) S. tion of South Dakota. J. William Stanton, Ohio (R). Sen. Abraham Riblcoff (D) S. Tom Steed, Okla. (D). Wllliam Cotter ( D) S. Daniel J. Flood, Penn. (D). Robert Giaimo (D) S. J. J. (Jake) Pickle, Tex. (D). Stewart McKinney (R) s. Henry S. Reuss, Wisc. (D). Anthony J. Moffett (D) S. THE 95TH CONGRESS SCOUTING M. Caldwell Butler, Va. (R). DELAWARE SURVEY Philip R. Sharp, Ind. (D). John P. Murtha, Penn. (D). Sen. Joseph Blden (D) S. Richard T. Schulze. Penn. (R). Sen. William Roth, Jr (R) L. Robert C. Krueger, Tex. (D). Thomas B. Evans, Jr (R) S&L. HON. CLARENCE J. BROWN Jim Guy Tucker, Ark. (D). FLORIDA OF OHIO Eldon Rudd, Ariz. (R). Sen. Lawton Chiles (D) S&L. IN THE HOUSE OF REPRESENTATIVES Richard A. Gephardt, Mo. (D). L.A. Ba.fa.Us (R) S. Ike Skelton, Mo. (D). Charles Bennett (D) S. Tuesday, March 29, 1977 Dan Marriott, Utah (R) . J. Herbert Burke (R) S. Mr. BROWN of Ohio. Mr. Speaker, Silver Buffalo: Senator John Glenn, Ohio Dante B. Fa.seen (D) s. during each of the past five Congresses, (D). Louis Frey (R) S. Silver Beaver: senator Mark Hatfield, Ore. Don Fuqua (D) S&L. I have surveyed the Members of the (R). Sam Gibbons (D) S. House and Senate for the Boy Scouts Representatives: Del Clawson, Calif. (R), Andy Ireland (D) S. of America to determine the participa­ Larry Winn, Jr., Kansas. (R). Paul Rogers (D) S. tion of Members of Congress in Scouting, Silver Antelope: Senator Mark Hatfield, Claude Pepper (D) S&L. either as Scouts during their youth or Ore. (R). Robert Sikes (D) S. as leaders. Cub Scout Den Mother: Rep. , C. W. Young (R) S&L. Md. (R). The survey for the current Congress GEORGIA is now complete. I thank my colleagues Sen. Sam Nunn (D) S. for their 100 percent participation and RESULTS OF BOY SCOUT SURVEY, 95TH CON• Doug Barnard (D) S&L. cooperation. GRESS, lST SESSION, CONDUCTED BY CON• Jack Brinkley (D) L. GRESSMAN CLARENCE J. BROWN, OHIO As I have done in the past, I am John Flynt, Jr. (D) S&L. placing the results of the survey in the (Scout denoted by "S"; Leader or Adult Bo Ginn (D) S. Volunteer denoted by "L"; Scout and Leader Ed Jenkins (D) S&L. RECORD so that they will be available to denoted by "S&L") . Members and others during the next 2 Elliott Harris Levitas (D) S. ALABAMA Lawrence P. McDonald (D) S. years for reference. The results are also Dawson Mathis (D) S&L. made available through the press and Sen. John Sparkman (D) S&L. the Boy Scouts of America. John Buchanan, Jr (R) L. HAW All Wllliam Dickinson (R) S. Sen. Spark Matsunaga. (D) S. I am happy to report that the per­ Ronnie G. Flippo (D) S&L. centage of Members who have partici­ Walter W. Flowers (D) S&L. IDAHO Sen. Frank Church (D) S. pated in Scouting has increased by 1 ALASKA percent since the 94th Congress, signal­ Sen. James McClure (R) S. Sen. Mike Gravel (D) S. George V. Hansen (R) S&L. ling a welcome increasing trend. Sen. Theodore F. Stevens (R) S&L. ILLINOIS The percentage of Members who have ARIZONA participated in scouting stands at 58.7 Sen. Charles Percy (R) S&L. Sen. Barry Goldwater (R) S. Frank Annunzio (D) L. percent for the 95th Congress. The 314 John J. Rhodes (R) S. is Philip Crane (R) S. Members who have participated an Eldon Rudd (R) S. Edward Derwinski (R) S. increase over the 309 Members of the Morris K. Udall (D) S&L. John Erlenborn (R) S. 94th Congress. The totals include 254 ARKANSAS John G. Fary (D) S. Members of the House and 60 Members Sen. Dale Bumpers (D) S&L. Henry J. Hyde (R) S. of the Senate. Bill Alexander (D) S. Robert McClory (D) S. There are four more Eagle Scouts in John Hammerschmidt (R) S. Edward Madigan (R) S. the 95th Congress than in the 94th. Both Ray Thornton (D) S. Ralph Metcalfe (D) S. the House and the Senate loot one Eagle Jim Guy Tucker (D) S&L. Abner J. Mikva. (D) S. Morgan Murphy (D) S. Scout, but the House gained five and the CALIFORNIA (D) S&L Senate one. Sen. S. I. Hayakawa (R) S. Paul M. Simon (D) S. A summary of the results and a list Sen. ( D) S. Sidney Yates (D) S. of the participating Members follows: Robert Badha.m (R) S&L. (D) S. INDIANA BREAKDOWN OF 95TH CONGRESS SCOUTING Del Clawson (R) S&L. Sen. Richard G. Lugar (R) S. SURVEY James Corman (D) S. John Bra.demas (D) S&L. George Danielson (D) S. David L. Cornwell (D) S. Ronald Dellums (D) Lee Hamilton (D) S. Repre- s. Robert K. Dornan (R) S. Elwood Hlllis (R) S. sentatives Sena.tors Total Don Edwards (D) S. Andrew Jacobs, Jr. (D) S. Barry Goldwater, Jr (R) S. Phillip R. Sharp (D) S. Scout (only) ______166 38 204 Harold Johnson (D) L. IOWA Scout &Leader ______68 16 84 Robert J. Lagomarsino (R) S. Sen. Dick Clark (D) L. Leader (only)------20 6 26 Robert Leggett (D) S&L. Sen. John C. Culver (D) S. James F. Lloyd (D) S. Berkley Bedell (D) S&L. Total ------254 60 314 Paul Mccloskey (R) L. Micha.el T. Blouin (D) S. John McFall (D) L. James A. S. Leach (R) S. George Miller (D) S. Neal Smith (D) L. Total who were Leaders: 110 Norman Y. Mineta (D) S&L. Percentage of Members who participated in John E. Moss (D) S. KANSAS Scouting: 58.7 percent. Carlos Moorhead (R) L. Sen. Bob Dole (R) S. Eagle Scouts: Leon E. Panetta (D) S. Sen. James Pearson (R) S. Senators-, Penn. (R), Jerry M. Patterson (D) S. Dan Gllckman (D) S. Lloyd Bentsen, Tex. (D), John Culver, Iowa. John Rousselot (R) S. Martha E. Keys (D) S&L. March 29, 1977 EXTENSIONS OF REMARKS 9525

Keith Sebellus {R) S. Manuel Lujan {R) S&L. Kenneth Lamar Holland {D) S&L. Joe Skubitz {R) L. Harold Runnels (D) S&L. (R) S&L. Larry Winn, Jr. {R) S&L. NEW YORK SOUTH DAKOTA KENTUCKY Sen. Daniel P. Moyniba:i {D) S. James Abdnor (R) s. Sen. Wendell H. Ford {D) L. Herman Badillo {D) S. T ENNESSEE Sen. Walter Huddlest.on (D) S. Bruce F. Caputo {R) S. John Duncan (R) S&L. John Breckinridge (D) S. Barber Conable, Jr. (R) S&L. Harold E. Ford (D) S. Wllliam Natcher (D) S. Thomas J. Downey {D) S. Ed Jones (D) S. Gene Snyder {R) S. Hamilton Fish (R) L. Marilyn L. Lloyd (D) S. LOUISIANA Benjamin Gilman (R} S. Frank Horton (R) S&L. TEXAS Jerry Huckaby (D) S&L. Jack Kemp (R) S. Sen. Lloyd Bentsen (D) S&L. David Treen {R) S. Robert McEwen (R) S. Blll Archer (R) S. Joe D. Waggonner {D) S. Matthew F. McHugh (DI S. Omar Burleson (D) S . MAINE Donald Mitchell (R) S. James Colllns (R) S. Sen. William Hathaway {D) S. Otis Pike (D) S&L. Eligio de la Garza (D) S&L. Sen. Edmund Muskie (D) S. Frederick W. Richmond (D) S. Bob Gammage (D) S Wllllam Cohen {R) S. Samuel S. Stratton (D} S&L. Henry Gonzalez (D) S&L. Jack E. Hightower (D) S&L. MARYLAND Theodore S. Weiss {D) c. John Wydler {R} S. Abraham Kazen, Jr., (D) S. Sen. Charles Mee. Mathias {R) S. Robert C. Krueger (D) S. Sen. (D) S. NORTH CAROLINA Jim Mattox (D) S. (D) S&L. Sen. Jesse Helms (R} S. Dale Milford (D) S. Marjorie Holt (R) S&L. Ike Andrews (D) L. J. J. Pickle (D) S. {D) S. James Broyhlll (R) S. W.R. Poage (D) L. Gladys Spellman {D) S&L. L . H . Fountain (D) S. Ray Roberts (D) S&L. Newton I. Steers, Jr. (R) L. Lamar Gudger (D) S. Olin Teague (D) S. MASSACHUSETTS Walter Jones (D) S. Richard White (D) S&L. James Martin (R) S. Charles Wilson (D) S. Sen. Edward Brooke {R) S. Stephen Lynbrook Neal 1D) S. James Wright, Jr., (D) S&L. Michael Harrington (D} S. L. Richardson Preyer (D) S&L. Thomas O'Nelll, Jr. {D} L. UTAH Edward J. Markey {D} S. NORTH DAKOTA Sen. Jake Garn (R) S&L. John Moakley (D) S. Mark Andrews (R) S. Sen. Orrin G . Hatch (R) S. Paul E. Tsongas {D} S. OHIO K. Gunn McKay (D) S&L. Dan Marriott (R) S&L. MICHIGAN Sen. John Glenn (D} L. Sen. Robert Griffin (R) S&L. John Ashbrook (R) L. VERMONT Sen Donald W. Riegle {D} S&L. Clarence J. Brown (R) S&L. Sen. Patrick Leahy (D) S&L. Wllllam Broomfield (R} s&L. Samuel Devine (R) S. Sen. Robert T. Stafford (R) S . Garry Brown (R) S. Tennyson Guyer (R} S&L. James M. Jeffords (R) S. Elford Cederberg (R) S. William Harsha (R) S. VIRGINIA Thomas N. Kindness (R) S&L (D) S&L. Sen. Wllliam Scott {R) L. Lucien N. Nedzi (D} L. Delbert Latta (R} S. M. Caldwell Butler (R) S. Carl D. Pursell (R) S&L. Clarence Mlller (R) S. W. C. (Dan) Daniel (D) L. Ph111p Ruppe (R) S. Ronald M. Mottl (D) S. Joseph Fisher (D) S . Harold S. Sawyer (R) S. Donald J. Pease (D} S. J. Kenneth Robinson (R) S&L. MINNESOTA J. Wllliam Stanton (R) S . David Satter.field III tD) S. Louis Stokes CD) S&L. Sen. Hubert Humphrey (D) s&L. Paul S. Trible (R) S . Chalmers Wylie (R) S&L. Donald Fraser (D} S. Wllllam Wampler (R) S. Bill Frenzel (R) S. OKLAHOMA WASHINGTON Bruce F. Vento (D) L. Sen. Dewey Bartlett (R) S. Sen. Henry Jackson (D) S. MISSISSIPPI Mickey Edwards (R) S. Don L. Bonker (D) S. James Jones (D) S. David Bowen (D) S. Norman Dicks (D) S. Thad Cochran (R) s&L. Theodore M. Risenhoover {D) S. Thomas Foley (D) S. G. V. Montgomery (D} S. Tom Steed (D) S&L. Lloyd Meeds (D) S&L. Wes Watkins (D) S. MISSOURI WEST VIRGINIA OREGON Blll Burlison (D) S&L. Sen. Robert Byrd (D) S . Willlam Clay (D) S. Sen. Mark Hatfield (R} S&L. Sen. Jennings Randolph (D) S. Richard A. Gephardt (D) S. Sen. Robert Packwood (R) S. Robert Mollohan (D) S . Ike Skelton (D) S&L. Walter Leslie AuColr (D) S. Nick Joe Rahall (D) S. Harold L. Volkmer (D) S&L. Robert B. Duncan (D) S&L. John M . Slack, Jr., (D) S. Robert A. Young {D) S. · Al Ullman (D) L. Harley 0. Staggers (D) L. PENNSYLVANIA MONTANA WISCONSIN Sen. Lee Metcalf {D) S&L. Sen. Richard Schweiker (R) S&L. Sen. Wllliam Proxmire (D) S. Max S. Baucus {D) S. Lawrence Coughlin (R) S. Robert W. Kastenmeler (D) S. Robert W. Edgar (D) S. Henry S. Reuss (D) S&L. NEBRASKA Joshua Eilbel'J (D) S&L. Willlam A. Steiger (R) s. John J. Cavanaugh {D) S. Allen E. Ertel (D) S. WYOl\C.ING Daniel Flood (D) S. NEVADA Sen. Malcolm Wallop {R) S. Sen. Howard cannon (D) S. Wllllam F. Goodling (R) S&L. Sen. Paul Laxalt {R) S. Raymond F. Lederer (D) S&L. James D. Santini {D) S. Joseph McDade (R) S. Marc L. Marks (R) S . NEW HAMPSHmE Austin Murphy (D) S&L. SENATE CONCURRENT Sen. Thomas Mcintyre {D) L. John P. Murtha (D) S&L. RESOLUTION 7 Norman E . D'Amours {D) s&L. Gary A. Myers (R) S. NEW JERSEY Fred Rooney (D) S. Sen. Clifford Case (R) S. Richard T . Schulze (R) S&L. HON. DON EDWARDS Sen. Harrison Williams, Jr. {D) L. E.G. Shuster (R) S. OF CALIFORNIA James J . Florio {D) S. Douglas Walgren (D) S. IN THE HOUSE OF REPRESENTATIVES Gus Yatron (D) S. Harold C. Hollenbeck {R) S. Tuesday, March 29, 1977 James J. Howard {D) S. RHODE ISLAND William J. Hughes (D) S. Sen. John H. Chafee CR) S&L. Mr. EDWARDS of California. Mr. Joseph A. Le Fante {D) S. Sen. Claiborne Pell (D) S. Speaker, as a cosponsor of a similar Andrew Maguire (D) S. SOUTH CAROLINA House measure, I strongly support Sen­ Helen S. Meyner (D) S. Sen. Ernest Hollings (D) S. ate Concurrent Resolution 7, and am NEW MEXICO Sen. (R) S&L. pleased at its passage by both the House Sen. Harrison Schmitt {R) s. Mendel Davis (D) S. and the Senate. The Congress has now 9526 EXTENSIONS OF REMARKS March 2'9, 1977 clearly demonstrated its deep concern at cannot see up close, as we see in Milwau­ work force. If our present birth rate con­ the Soviet Government's mistreatment kee, the superb work of education and tinues, or declines, it is not inconceiv­ and harassment of Soviet Jews and other guidance he gives to the young members able that within a generation the re­ minorities. of his teams. tirees will outnumber those working. In his speech to the United Nations For all the shouting and press fire­ It seems to me that there is a declin­ earlier this month, President Carter out­ works, there is a real sense of love on ing confidence in the present system. lined his commitment to a strong human Mr. McGuire's teams, and a feeling that One sign of this is the sharply increased rights policy. In the President's words: the youngsters who come to Marquette rate at which State and local govern­ All the signatories of the U.N. Charter have at the ages of 17 and 18 draw real guid­ ments are exercising their legal option pledged themselves to observe and to respect ance and purpose from their years with to withdraw. basic human rights. Thus, no member of him. For all the winning, and all the Mr. Speaker, 2 years ago it was urgent the United Nations can claim that mistreat­ ment of its citizens ls solely its own business. brilliant strategy of Mr. McGuire's that new ways be found to finance the Equally, no member can avoid its responsi­ games-I direct my colleagues' attention social security system; now it is a critical bi11 ties to review and to speak when torture to the way he handled the vaunted Caro­ need. I hope that my colleagues will see or unwarranted deprivation occurs in any lina four-corner offense-he is above all fit to take prompt, positive action in this part of the world. an excellent teacher, and an excellent regard. example to young men who strive to be By our overwhelming vote in favor of best. Senate Concurrent Resolution 7, we have My special congratulations to Al, and THE MERITS OF THE DEATH shown the Soviet Union and the world to , who will step into PENALTY that the Congress and the American his shoes next year. And I congratulate people stand behind our President's the entire Marquette team: , Bill human rights commitment. Neary, Jerome Whitehead, , HON. LARRY McDONALD We must continue to voice our concern and ; Gary Rosenberger, OF GEORGIA when the basic human and civil rights IN THE HOUSE OF REPRESENTATIVES of individuals are violated. We must con­ , Ulice Payne, Robert tinue to urge the Soviet Union to abide Byrd, Craig Butrym, Jim Dudley, and Tuesday, March 29, 1977 Mark Lavin. by the human rights provisions of the Mr. McDONALD. Mr. Speaker, the Helsinki Declaration. I believe the Con­ recent reinstitution of capital punish­ gress has shown that. it will meet this ment by the State of Utah has generated responsibility. THE PROBLEMS OF FUNDING a new round of debate over the merits SOCIAL SECURITY of the death penalty as a just, effective punishment for those who commit heinous crimes. Although current polls A CHAMPIONSHIP FOR MARQUETTE, HON. G. WILLIAM WHITEHURST indicate that the vast majority of Amer­ AND AL McGUmE icans now favor the death penalty, a OF VIRGINIA .vocal minority led by organizations such HON. HENRY S. REUSS IN THE HOUSE OF REPRESENTATIVES as the American Civil Liberties Union Tuesday, March 29, 1977 continue to attack the death penalty on OF WISCONSIN grounds such as: First, it does not deter IN THE HOUSE OP REPRESENTATIVES Mr. WHITEHURST. Mr. Speaker, 2 years ago I introduced a bill to establish crime; second, it is impossible to guar­ Tuesday, March 29, 1977 a Special Advisory Council on Social Se­ antee that an innocent man will not be Mr. REUSS. Mr. Speaker, I want to curity Financing, since it was already executed under our imperfect judicial share with my colleagues the jubilation abundantly clear that our social security procedures; third, Christian doctrine re­ of my district over the victory last night system was in deep financial trouble. It quires forgiveness and mercy, rather of the Marquette Warriors basketball seemed obvious to me that no time should than punishment, even when dealing team in the finals of the National Col­ be lost in pursuing possible alternative with murderers; and fourth, discrim­ legiate Athletic Association champion­ means of financing the system, so that inates against minorities and the poor. ships in Atlanta. I would also like to ex­ those now employed could, with some de­ An article by Reed Benson and Robert press my pride and admiration-and gree of confidence, expect to benefit from Lee in the August 1974 issue of the that of my constituents-for Mr. Al the system when they retired. Georgia Journal of Corrections analyzes McGuire, who will now retire as coach Between now and the year 2050, the these and other arguments used by op­ of the Warriors after 13 great seasons. average annual deficit in the system will ponents of capital punishment. I com­ My office reports that Wis­ be 7.96 percent, according to the esti­ mend this article, which originally ap­ consin Avenue-the city's main street­ mate of the trustees. However, if we con­ peared in the August 9, 1972, issue of was jammed last night with celebrators tinue at the present rate, the deficit in The Review of the News, to the atten­ for the 3 miles between 16th Street and 2050 will be 16.69 percent of the taxable tion of my colleagues. Lake Michigan. One staffer says that payroll. I have already introduced one The article follows: she was hugged several times by total bill this year to end the present system On June 29, 1972, the Supreme Court (92 strangers. There are also unconfirmed of coupling and another to permit every­ S.Ct. 2726 [ 1972]) handed down a 5-to-4 de· reports of beer flowing in Milwaukee cision which, for all practical purposes, abol­ one, regardless of whether or not he or ishes existing state and federal laws author­ houses of refreshment at great discounts, she is covered under a pension plan of izing capital punishment and commutes the and vigorously increased volumes. · any kind, to participate in a tax-shel­ death sentences of some 600 prlson~rs For the last 10 years, Al McGuire has tered individual retirement account. The throughout the nation. Rejecting the prece­ been taking his strong Marquette teams former would go a long way toward re­ dent established by all prior Supreme Court to post season tournaments. Now, at last, ducing the anticipated deficit, and the decisions on the matter, as well as the clear the Warriors won the national cham­ latter would protect future retirees from intent of the framers of the Constitution, pionship, and Milwaukee went wild with major cuts in social security benefits. the Court ruled that the death penalty vio­ joy. It was fitting that the team should lates the Eigth Amendment's ban on "cruel Today I am reintroducing my 1975 bill, and unusual" punishments. win the championship in Mr. McGuire's in the hope that a special advisory coun­ The decision comes at a time when crimes last season. cil, with the sole responsibility of investi­ such as murder, rape, and skyjacking hav~ The national press, which gets to see gating alternative means of financing reached unprecedented levels, leading many Mr. McGuire only around this time every the system, can off er proposals to help to question the wisdom of removing from year, paints him the iconoclast and bad solve the major problem we are facing by our statute books recourse to what may well boy of college basketball-a position he coming up with something that would be the most potentially effective and juat likes. means of dealing with the most brutal of be actuarially sound, perhaps a phasing­ criminals. These members of the national press, in of an annuity plan akin to civil serv­ The narrow vote and the nine individual however, have not seen the strong re­ ice and a phasing-out of the present opinions which accompanied it reflect the spect in which Mr. McGuire is held in FICA tax, which has been putting an controversial nature of this issue. Only two the community of Milwaukee. And they ever-increasing burden on the current members of the Court (Justices Thomas Mat"ch 29, 1977 EXTENSIONS OF REMARKS 9527 Brennan and Thurgood Marshall) concluded November of 1970, he was again found guil­ terred are convinced by propaganda that the that capital puotshment should be banned ty, but was given a 20-year sentence instead accusea is gu1l ty. under all circumstances. Presumably, this of life. And sluce he had already served lt a !JUl11.;n1uent administered to a guilty leaves the door ajar for possible future use eighteen years and some time off for "good man ae~ers anvther irom comnlitt1ng a of the death penalty, provided that extensive behavior," he was released. One year later, on crime, all well aua good. liut such a result legislature revisions are made in the mean­ December 31; 1971, Pruitt was arrested and snou1a be l<>oked on as a bonus of JUSttce time. But the decision of June twenty­ chari;,ed with the murder of two men in proi'ecly applleC1, not as a purvose Ior the ninth is nevertheless the mo t devastating Spartanburg, South Carolina. (Associated appdc1uion 01 the penalty. '.1.he aeclslve con­ legal blow yet struck in the longtime Leftist Press, 1972). su.teut1on shvula oe: has the accuse..! earned campaign to abo ish capital punishment. (e) A man convicted of murder tn Okla­ tne penahy to be intllcted? It is often c.rgued that the death penalty homa pleaded with the judge and jury to In at least one impvrtant respect, capital should be abandoned because of the pos­ impose the death sentence, but was given a puntsnment ls un1.11.test1onaoly an eftective sib111ty of executing an innocent person. life sentence. He later kllled a fellow inmate aeterrent. It simp1y cannot be contested Justice Marshall asserted in his concurring and was executed !or this second murder in that a. kiHer, once executed, ts forever de­ opinion: "We have no way of judging how 1966. (Sellin, 1968) .1 terrea from killing again. many innocent persons have been executed (f) On March 17, 1971, J. Edgar Hoover The deterrent enect on others, however, but we can be certain that there were some" told a Congressional Subcommittee that depenas largely on how consistently and (92 S.Ct. 2726( 1972)). nineteen of the klllers responsible for the surety the penalty is applied in those cases One wonders how we can be certain, lf murder of policemen during the Sixties had Justifying it. Since capital punishment has there is no way of Judging. Especially since been previously convicted of murder, not been used with any ae~ree of cons1St­ the Legislative Reference Service of the (Hoover, 1971.)' ency in recent decades, it ts quite impossible looked into the matter And the listing could go on and on of in­ statistically to evaluate its deterrent poten­ tn 1966 and determined that: "There have nocent Americans slain at the hands of mur­ tial with any aegree of accuracy. Abolition­ been no known cases of the execution of an derers who, had they been executed for ists often c1aim that a lack o! significant innocent man tn this country" (Vtalet, 1966, earlier klllings of which they were convicted difference between the murder rates !or p. 61). Wbat ts known, however, is that could not have murdered again. states with and without capital punishment scores of innocent people have been killed Abolitionists would have Americans spend proves that the capital penalty does not over the year by escaped or paroled mur­ sleepless nights worrying about the possibil­ deter murder. But that ls nonsense. Even derers who had not been executed. Strangely, ity that our system of Justice may mis.fire states with the death penalty have used it neither Justice Marshall no other members and execute an innocent man-a posslblllty so little over the years as to preclude of the Court majority made reference to this for which there ls no known precedent in all any meaningful comparison between states. provable fact. American jurisprudence. But they shed few Any punishment--even death-wlll cease to It ts certainly possible that sometime tears for the many tnnocen t people who die be an effective deterrent once it is rec­ during the last 196 years human fa111b111ty because of judicial leniency and erroneous ognized as mere bluff. has, indeed, resulted in an as yet undis­ psychiatric eve.luatton of murderers. Although seldom considered during the closed legal execution of an innocent man Another argument forwarded by opponents last decade, there are some interesting, and tn our country. But the point of such fa111- of capital punishment ls that we are a more perhaps significant, relationships between the billty ts clearly at the end of a two-edged humane society today the.n ever before, so murder rate and the extent to which the sword. If lawyers and juries can make mis­ must reject taking even the llves of klllers death penalty was used. For instance, the takes, so can psychiatrists and parole boards: and rapists. It ts interesting to note, how­ number of executions carried out in 1960, A ktller who ts incorrectly determined to ever, that many leaders of the abolitionist 1961, and 1962 were, respectively, fifty-six, be "reformed" or "cured" can be sent back movement who use this "humane" appeal are fcrty-two and forty-seven (U.S. Dept. of to society to klll again. Consider this mus­ often leaders in the movement to klll the in­ Justice, 1969). The F.B.I.'s 1970 Uniform tration from the F.B.I. Law Enforcement nocent unborn through abortion. It ls a Crime Reports establishes that during those Bulletin for January of 1971: double standard that deserves more atten­ yea.rs both the number and rate of murders "After a recent gun battle, one suspect tion than it has recelved.s Certainly with declined slightly. But in 1963, there was a. was arrested for two murders, a kidnapping, abortion, crime, violence and sadism-both record low of only twenty-one executions, and and the gunpoint robbery of his own mother. in real life and on the movie and television the murder statistics immediately escalated Citizens leared in dtsbellef that he had screens-more prevalent than ever before, into an upward climb which continues to been freed from a mental hospital just a the claim that we are more "humane" than this day.1 With no executions at all in 1971 few months before, after stx court-appointed in the past must be questioned. there were 17 ,630 murders, compared to ap~ psychiatrists had testlfted he has regained It is also alleged that most Americans now proximately 9,000 in 1960-a 96 percent in­ his sanity. In 1967 he had been found insane oppose capital punishment. Usually, such an crease I The population increased less than 16 a.fter the strangulation murder of a assertion ls based on nothing more substan­ percent during that same period (Federal woman." ... (Hoover, p. 21). tial than small-sample surveys conducted by Bureau of Investigation, 1971). Examples of innocent citizens dying at the such "Liberal" pollsters as George Gallup and Opponents of the death penalty may per­ hands of convicted murderers are many. Here Louts Harris. But such polls fly tn the face of haps rejoice that in 1971 there were fifty-six are a few cases to consider: the hard fact that only nine of our states fewer court-ordered executions than in 1960 (a) Some sixty years ago Charles Fitzger­ have abolished capital punishment com­ (U.S. Dept. cf Justice, 1969); but what of the ald killed a deputy sherlt? and was given a pletely, and at least eight states which had at nearly nine thousand additional innocents 100-year prison sentence as a result. But he one time abolished the death penalty later who died at the hands of murderers in 1971 was released after serving just eleven years, restored tt. (U.S. Department of Justice, than was the case in 1960? and tn 1926 proceeded to murder a Califor­ 1969). On at least four occasions within the It is interesting to note the trouble Eng­ nia policeman. Sentenced to li!e imprison­ past dozen years, the U.S. Congress, itself, land has been experiencing since abolishing ment for this second ktlllng of a law enforce­ has adopted legislation providing the death the death penalty !or murder. An article tn ment officer, Fitzgerald was nevertheless penalty for various monstrous crimes. the Wall Street Journal !or June 6, 1972, granted parole once again tn December of Another central issue of the debate over noted: "There has been a sharp rise in the 1971. (, 1971). capital punishment ls whether or not it ls armed robberies and violent crime through­ (b) In 1931, "Gypsy" Bob Harper, who had an effective deterrent to violent crime. It out Britain since 1965, when the death pen­ been convicted of murder, escaped from a should be made clear, however, that deter­ alty was dropped, and more criminals seem Mtchtgan prison and killed two persons. Af­ rence ls not to be considered the primary to carry gus now" (Kessler, CONGRESSIONAL ter being recaptured, be then proceeded to reason for administering the death penalty RECORD, June 8, 19'12, p. 20215). According to klll the prison warden and his deputy. (Be­ (nor, for that matter, any criminal penalty). a ::nited Press d13patch on September 3, 1967, dau, 1967). It would be both immoral and unjust to there were more murders, rapes, a aults, and (c) In 1936, the late F.B.I. Director J. Ed­ punish one man merely as an example to robberies in London during 1966-the sec­ gar Hoover reported the case of a Florida frighten others. The basic consideration ond year after the death penalty was abollsh­ prisoner who committed two murders, re­ should be: Is the punishment deserved? If ed-than in any previous year o! its 2,000- ceived clemency for each, and then showed not, then it should not be administered, year history! how much he had been "reformed" by mur­ regardless of what its usefulness as a de­ To allege that the death penalty, if en­ dering twice more. (Bedau, 1967). terrent might be. After all, 1! deterrence forced, would not be a deterrent to crime ts, (d) In 1952, Allen Pruitt was arrested for supersedes justice as the basis for criminal in esse::ice, to say that people are not afraid the knife slaytng of a. newsstand operator and sanctions, the guilt or innocence of the of dying. If that ls the case, as columnist sentenced to life imprisonment. In 1965, while accused becomes largely irrelevant. Deter­ Jenkin Lloyd Jones has observed, then warn­ in prison, he was charged with fatally stab­ rence can be as effectively achieved by exe­ ing signs reading "Slow Down," or "Bridge bing a prison doctor and an assistant prison cuting an innocent man as a guilty one, Out," or "Danger--40,000 Volts" are useless superintendent, but was found not guilty by something which Communist leaders dis­ and futile relics of a day when men were fearful. reason of insanity. In 1968, his 1962 convic­ covered long ago (Hoover, 1962). You sim­ ply have to be sure that those to be de- This ts not to say that the death penalty tion was overturned on a technlcallty by the could ever become a 100 percent deterrent Virginia Supreme Court, thus forcing the to murder. Obviously it could not, becaltse state to re-try him !or the 1952 slaying. In Footnotes at end o! article. the fear of death varies among individuals. 9528 EXTENSIONS OF REMARKS March 29, 1977 Some people will always tame lions, shoot ring in the Supreme Court's decision against half of a murder victim? The Reverend rapids, or walk circus high-wires, despite the capital punishment, Justice Potter Stewart E. L. H. Taylor makes the point this way: obvious risks involved. But, as attorney Ber­ nevertheless summarized this particular dan­ "Now it is quite natural and proper for a nard Cohen observes, "there are even more ger as follows: man to forgive something you do to him. people who refrair.a from participating in . .. "The instinct for retribution is part of the Thus if somebody cheats me out of $20.00 it [such) activities mainly because risking their nature of man and channeling th1t instinct is quite possible and reasonable for me to lives is not to their taste (1970, pp. 49-50). in the administration of criminal justice say, "Well, I forgive him, we will say no more Now consider the following: serves an important purpose in promoting about it." But what would you say if some­ (a) According to the Uniform Crime Re­ the stability of a society governed by law. body had done you out of $20.00 and I said, ports. during the period 1968-71 forty-nine When people begin to believe that organized "That's all right. I forgive him on your be­ policemen were slain from ambush in the society is unwilling or unable to impose upon half"?" (Taylor, 1963, p. 23). United States. No such murders from ambush criminal offenders the punishment they "de­ There is simply no way, in this life, for a occurred during 1966 or 1967, the last two serve," then there are sown the seeds of murderer to be reconciled to his victim, and years during which the death penalty was anarchy-of self-help, vigil "l.nte Justice, and secure the victim's forgiveness. This leaves actually used in this country. Seven police lynch law" (92 S.Ct. 2726 [ 1972]). civil authority with no other responsible officers were murdered from ambush in 1968, A tragic example confirming Justice Stew­ alternative than to adopt justice as the three in 1969, nineteen in 1970, and twenty art's analysis was recently reported by United standard for assigning punishment in such were murdered from abush in 1971. Press International in a dispatch which ap­ cases. (b) The Commissioner of Police in Lon­ peared in the Washington Star for June 15, Sometimes those who defend the death don reported a few years ago that when a 1972: penalty are pictured as being intolerant. But member of a gang of armed robbers was ap­ "Anthony Phillips, 60, heard a judge in isn't it true that one of our real problems in prehended and sentenced to death, but had New Castle, Pa., sentence a 19-year-old youth America today is too much toleration of evil? this sentence commuted to life imprison­ to six years in prison for killing Phillips' Too many Americans accept acts of violence, ment, t.he gang continued its operations. But younger brother during a robbery attempt. cruelty, lying, fraud, and civil turmoil with when, shortly thereafter, two other gang "Ph1111ps quietly left the Lawrence County all too little response in the way of righteous members were caught, convicted, and exe­ courtroom of Judge John F. Henderson, Tues­ indignation. Intolerance of such destructive cuted, the remainder of the gang promptly day, and walked downstairs to a rear door. acts is simply a reflection that a person ls disbanded and disappeared. (Taylor 1963) . He mingled with a. small crowd until the seriously concerned with the question of (c) In February of 1960, the Los ·Angeles youth, Gary Couch, emerged surrounded by right and wrong. Perhaps it is time for all Police Department submitted a report to the sheriff's deputies. Americans to begin taking right and wrong California Senate Judiciary Committee which "As Couch walked to a patrol car, Phillips more seriously. revealed that at least thirteen robbery sus­ pulled a. snub-nose .38-callber revolver from The exact status of capital punishment re­ pects had, during the previous year, told po­ his pocket and fired four quick shots. Couch mains highly confused at present, and it may llce they "(1) used toy guns; or (2) empty was struck once in the head and three times take months for state and federal officials to guns; or (3) simulated guns in robberies in the chest. He died an hour later. figure out what can or cannot be done as rather than take a chance on killing some­ "Phillips, taken to Western Penitentiary a result of the Court's ruling. Some observers one and getting the gas chamber." (Bedau, where Couch was to have been imprisoned, (including Justice Powell) speculate that 1967, p. 267). was charged with murder. nothing short of a constitutional amendment (d) In March of 1959, newspapers reported "He said he was displeased by the 'lenient can reverse the Court's judgment. the escape of a convict who carried hostages judge' who sentenced Couch after he pleaded About the Author: Reed A. Benson, Wash­ to the state line, and then let them go. He guilty to manslaughter in the Jan. 18 shoot­ ington, D.C., representative for the John was later apprehended, and told police he ing death of Alex Phillips, 55." G (United Birch Society from 1965 to 1973. He is a for­ had freed the hostages because the neighbor­ Press International, 1972, p. A3). mer staff member of the Republican National ing state had the death penalty for kid­ Abolitionists often cite statistics which Committee and the eldest son of Ezra Taft napping, and he didn't want to risk his life they claim indicate that capital punishment Benson, former U.S. Secretary of Agriculture. by transporting the hostages into that state has been used in a discriminatory manner, Robert W. Lee, Washington, D.C., representa­ (Bedau, 1967). so that the poor, black, friendless, etc., have tive for The John Birch Society. Mr. Lee is a Let's consider this matter of deterrence on suffered a disproportionate share of execu­ contributing editor of Review of the News, a far less serious level: The fine today for tions. This was a key argument used by the a. weekly news magazine affiliated with The driving through a red light is around twenty­ Supreme Court majority in reaching its de­ John Birch Society. cision. But, even if true, this is certainly five dollars. Some motorists drive through FOOTNOTES red lights despite the threat of this relative­ not a valid reason for abandoning the death penalty, unless it can be shown that such i See also To abolish the death penalty. ly minor penalty, but most do not. Are we to Hearings before the Committee on the judi­ assume that the threat of the fine has no in­ alleged discrimination results in the punish­ ment of innocent persons-a. claim which ciary, U.S. Senate, Ninetieth Congress, 2d Ses­ fluence on this reluctance of most drivers to sion (March 20, 21, and July 2, 1968), p. 84. run red ltghts? Should penalties for traffic none of the Justices made or implied. All criminal laws in all countries have 2 See also Federal Bureau of Investigation violations be abolished because some peo­ tended to be administered in an imperfect 1972 (Washington: Federal Bureau of Inves­ ple violate the law anyhow? The answers are and uneven manner, with the result that tigations), p. 55. obvious, and far more so when the possible some elements in society have been able to 3 For specific examples, see The Review penalty is death rather than a $25 fine. evade justice more consistently than others. of the News for January 5, 1972, pages 33, 35. Is life imprisonment an adequate sub­ But because one person escapes justice, ls it 4 There were fifteen executions in 1964, stitute for the death penalty? As we have al­ right that all should escape justice? Since seven in 1965, one in 1966, two in 1967, and ready noted, scores of innocent people have none since. died at the hands of men previously con­ justice nowhere prevails perfectly, should we abandon the attempt to attain it? Police G Another disgusting example of how "jus­ victed a.nd jailed for murder. As the Reverend tice" is determined by some modern jurists E.L.H. Taylor notes: Chief Edward J. Allen of Santa Ana, Cali­ fornia, helped put the problem in its proper was related by J. Edgar Hoover in the F.B.I. "The imprisoned murderer has everything perspective a few years ago when he ob­ Law Enforcement Bulletin for January 1971: to gain and nothing to lose by murdering his served: A young midwestern criminal who confessed guards. Why should a murderer who has "The deals which allow criminals to escape beating to death a 75-year-old woman in a $5 once been convicted of that offense be given justice are consummated by courts and at­ street robbery was granted a 7-to-10 year the opportunity to add a second victim to torneys ... Responsibility also devolves up­ term. Offered as an excuse for the light his list?" (Taylor, 1963, p. 16). on citizen jurors to return proper verdicts. sentence was the advanced age of the victim, Swift and certain punishment has long If some citizens, courts and lawyers fall in on the fanciful theory that, if the murdered been recognized by law enforcement author­ their duty, is the law itself to blame? Rather woman had been younger, she might not ities as an essential element of crime deter­ it is their administration of it." (Allen, 1960, have died from the brutual assault. (Hoover, rence (Allen, 1960; Hoover, 1960, 1970). But p. 138). 1971, p. 22). the severity of the punishment must match the seriousness of the crime if the interests Another question which arises is the de­ REFERENCES of justice, the protection of society, and the gree to which justice should be tempered Allen, J. E. Capital punishment: your pro­ maximum deterrent impact are to be reaUzed. by mercy Jn the case of killers. Some will ask, tection and mine. The Police Chief, 1960 Suppose, for example, that a bank robber is "Is it not the duty of Christians to forgive (June), 27. very swiftly and surely sentenced to a month those who trespass against them?" But, in Anonymous. More and more vigllantes­ in the county jail, or a rapist swiftly and cer­ criminal cases, the two most responsible legal and illegal. U.S. News and World Report, tainly given a $100 fine. Would such "punish­ sources to extend mercy and forgl veness a.re 1974 (February 4), pp. 40-42. ment" deter either criminal? Very unlikely. (1) God, and (2) the victim of the injustice. Associated Press. Dean of convicts goes free. Related to this problem ls the possible rise This places the crime of murder i:i a unique Washington Evening Star, 1971 (December category, because so far as the world is con­ 11), p. A3. in vigilante activity if judges and juries con .. cerned the victim is no longer here to ex.­ Associated Press. Freed k111er jalled again. tlnue to deal leniently with rapists mur­ tend mercy and forgiveness. Does the state Washington Evening Star, 1972 (January 1), derers, and other brutal criminals (Anon­ or any earthly party have the right or au­ p.Al. . ymous, 1974; Griffin, 1968). Though concur- thority to intervene and offer mercy on be- Bedau, H. A. Parole of capital offenders, March 29, 1977 EXTENSIONS OF REMARKS 9529 recidivism, and life imprisonment. In H. A. For too long we have failed as a Nation of age or younger. Its programs both en­ Bedau (Ed.), The death penalty in America. to give due recognition to the sacrifices courage community mvoJ.vt!ment and New York: Anchor, 1967. made by these people. The Filipino sur­ concern, and emphasize the ~portance Bedau, H. A. (Ed.) Introduction to chapter vivors of the Second World War who have of physical fitness, au so vital to the six. In H. A. Bedau (Ed.), The deat11. pe1talty tutw·e well-oemg of the md1v1dual and in America. Anchor, 1967. become citizens of the Nation they fought so bravely to protect continue to be de­ his environment. And, they are as suc­ Carrington, F. G. Prepared statement pre­ cesstul as they are extensive. Indeed, sented before the committee on the Judiciary, nied the full benefits entitled to every U.S. House of Representatives, March 16, other American who fought in that war. JUS& a partial list of the awards which 1972. As entered into the Congressional Rec­ The joint resolution I am introducing Mr. Vernon has received during his ord by Rep. Philip Cr-.ne (R-Illinois), April today is one small step toward correcting career wiil give you some idea as to the 28, 1972, p. 1493fJ. this injustice. I invite the support of all degree of this success. Included among Cohen, B. L. Law withuot order: capital Members of Congress in this important th(;m are: 'Ihe Governor of Maryland's punishment and the liberals. New Rochelle, Distinguished Citizen Award; Maryland N.Y.: Arlington House, 1970. effort. H.J. RES. 364 Junior <.;hamber of Commerce Physical Griffin, G. E. The great prison break: the Fitness Leadership Award; Certificate of Supreme Court leads the way. Boston: West­ Joint resolution designating April 9 of each ern Islands, 1968. year as "Bataan-Corregidor Day" Public Service-t;ounty Executive Com­ Hoover, J.E. Letter to all law enforcement Resolved by the Senate and House of Rep­ mission; State of Maryland Appreciation officials, June 1, 1960. FBI Law Enj01·cement resentatives of the United States of America Award; Prince Georges County Adyisory Bulletin, 1960 (June), 29. in Congress assembled, That the President Youth Action Award; Certificate of Pub­ Hoover, J.E. A study of communism. New shall annually issue a proclamation designat­ lic Service--County Council; Governor's York: Holt, Rinehart and Winston, 1962. ing April 9 as "Bataan-Corregidor Day" in Commission on Physical Fitness Award; Hoover, J.E. The ultimate victim. FBI Law observance of the anniversary o! the fall o! and the Brookland Boy s Club Man of the Enforcement Bulletin, 1971 (January), 40, Bataan and Corregidor and as a tribute to Year Award. p. 21. the gallant American and Phlllppine soldiers Hoover, J. E. Testimony before the House who fought, suffered, and died side by side On March 31, the citizens of Prince Subcommittee on Appropriations, March 17, defending the principles of freedom. Such Georges County will pay well-deserved 1971. proclamation shall call upon the people of tribute to "Reds" Vernon and the role he Kester, F. The gun: in Britain, the absence the United States to observe each such day has played in guiding our county's youth ot arms contributes to the general decorum. with a minute of silence at 11 :OO ante merid­ toward meaningful and productive lives. Wall Street Journal, 1972 (June 6). A8 iem and with other appropriate ceremonie3 But, his contributions to the welfare of entered into the Congressional Record by and activities. these citizens undoubtedly will help Sen. Birch Bayh (D-lndiana), June 8, 1972, strengthen the character of countless p. 20214. Sellln, T. Statement before the Committee other individuals for years to come. Witb on the Judiciary, U.S. Senate, March 21, 1968. this in mind, I am sure my colleagues in Taylor, E. L. II. The death penalty. In JOSEPH "REDS" VERNON the Congress will join me in extending T. R. Ingr.am (Ed.), Essays on the death congratulations and deep appreciation penalty. Houston: St. Thomas Press, 1963. HON. GLADYS NOON SPELLMAN to Joseph "Reds" Vernon for his efforts United Press International. Revenge, to insure that when the baton is passed, lV ashington Evening Star, 1972 (June 15), OF MARYLAND it will be received by a generation anx­ p.A3. IN THE HOUSE OF REPRESENTATIVES U.S. Department of Justice. National iously waiting to continue the work their prisoner statistics: capItal punishment, Tuesday, March 29, 1977 predecessors began. 1930-1968. NPS Bulletin, 1969 (August), Mrs. SPELLMAN. Mr. Speaker, I state No. 45, p. 30. the obvious when I say that the responsi­ U.S. Federal Bureau of Investigation. bility for the future prosperity of this Crime In the United States: uniform crime CHILD PORNOGRAPHY reports, 1970. Washington, D.C.: U.S. Gov­ Nation rests squarely on its youth. Re­ ernment Printing Office, 1971. gardless of our actions now and those of U.S. Supreme Court. William Henry Fur­ our predecessors, these attempts to insure HON. LINDY BOGGS man, petitioner, v. State of Georgia, 69-5003. long-range stability and security will be OF LOUISIANA Lucius Jackson, Jr.. petitioner, v. State of meaningless unless the succeeding gen­ Georgia, 69-5030. (on writs of certiorari to erations possess the capabilities and con­ IN THE HOUSE OP REPRESENTATIVES the Supreme Court of Georgia) . Elmer victions to "take the baton" when we, Tuesday, March 29, 1977 Branch, petitioner, v. State of Texas, 69-5031 inevitably, must pass it to them. (on writ of certiorari to the Court of Mrs. BOGGS. Mr. Speaker, the Wash­ Criminal Appeals of Texas). June 29, 1972. As Yet, the obvious goal is not always the ington Post recently carried an article entered into the Congressional Record easiest to achieve and this is especially entitled "'Sexploiting' Kids-An Abuse by Sen. Edward M. Kennedy (D-Massachu­ true with developing and strengthening of Power" by Ellen Goodman. I would setts). June 29, 1972, pp. 23169-23210. the character of our youth. Indeed, as a like to call it to the attention of my col­ Via.let, J. Capital punishment: pro and con mother and grandmother, I am all too leagues as a direct address to what has arguments. The Library o! Congress, Legis­ familiar with the diftlculty and frustra­ lative Reference Service, Education and become apparent as a significant na­ tion which all parents experience during tional problem. Publlc Welfare Division, Washington, D.C., those formative years when the child, August 3, 1966, p. 61. Until recently little, if anything, was grudgingly and with loud protestations, known about child pornography. Now is gently prodded into assuming the re­ that we are becoming aware of the seri­ sponsibilities and demeanor of an adult. ousness and the extent of this national The parents of Prince Georges County, BATAAN-CORREGIDOR DAY operation we must take action to stop it. Md., however, may have an easier time of In the process, however. we must make it than their peers in other communities. sure not to lose sight of the major con­ HON. LEON E. PANETTA For we are blessed to have as a neighbor cern: the children. · and assistant one of the most respected I insert this article for the RECORD: OF CALIFORNIA figures in the Nation in the field of youth "SEXPLOITING" Kms-AN ABUSE OF POWER IN THE HOUSE OF REPRESENTATIVES development-Mr. Joseph "Reds" Ver­ (By Ellen Goodman) Tuesday, March 29, 1977 non, executive director, since 1952, of the Prince Georges County Boys and Girls BosToN.-There ls almost a sense of relief Mr. PANETTA. Mr. Speaker, I am in­ Clubs. in talking about it. At last, a simple matter of right and wrong. There is no "redeeming troducing today a joint resolution direct­ In this limited space, it would be all but social value" for "Lollltots" with its sex shots ing the President of the United States to impossible to fully document Mr. Ver­ of little girls. There is surely no "community proclaim April 9 of each year as Bataan­ non's accomplishments during his 20- standard" le!t unviolated by "Moppets" with Corregidor Day in recognition of the year tenure as leader of the Boys and its children posing in adult fantasies. anniversary of the fall of Bataan and Girls Clubs. I would like to mention No. Finally there is an unequivocal ville.in. Corr3ido:- and in honor of the brave men though, that in 1952, when "Reds" took Finally a group we can pursue with o. cleo.r sense that "This, we know, ls wrong." of the Phtlippine Scouts who gallantly the helm of this vital organization, it After being force-fed the "heroic:;" of a fought alongside American soldiers to had 5,000 members. It now has a mem­ creep like Larry Flynt, after pondering the preserve the principles of democracy. bership of 28,000 young people 18 years defense of an obtuse sexual gymnast Uke 9530 EXTENSIONS OF REMARKS March 29, 197.7 Harry Reems, the question of kidporn is ternational Trade, Investment and Mon­ ple, if the average cost of a 20-year loan refreshingly uncomplicated. · etary Policy, on the subject of Export­ for a nuclear project is 10.5 c-o with Eximbank Our reaction is equally direct: Stop it! Import Bank subsidies for nuclear ex­ backing and it would be 1590 without it, Already there are two federal bills and half the total project investment cost is reduced a dozen pieces of state legislation designed ports. I should like to make available the by about 24 '7c (in terms of present value). to stop the use of children's bodies as sexual full text of my remarks to my colleagues, The Office of Management and Budget capital. many of whom share my deep concern (OMB) estimates that total Eximbank sub­ The speed with which child pornography with the problem of nuclear prolifera­ sidies for FY 1978 will reach $430 million, has become a national concern says a great tion and U.S. nuclear export policy: assuming a. 12 ~ discount rate. A sizable por­ tion of that amount, 24'7t; according to tlie deal about our gut feelings about pornog­ STATEMENT OF REPRESENTATIVE CLARENCE D. raphy in general. Kidporn is just a distilla­ LONG Congressional Budget Office, can be attributed tion cf the worst of the genre: the perversion to financing nuclear exports. of the healthy, the rape of the natural, the (NOTE: Portions of this statement are ex­ Another, and perhaps more critical, element sale of people. cerpted from my forthcoming article in the of subsidy can be identified. Without Export­ But it has been dangerous and difficult to spring 1977 issue of International Security.) Import Bank financing, very few (if any) nu­ ban the trafficking among "consenting Mr. Chairman, distinguished members of clear power plants would be exported, prob­ adults"-those who pose and those who the committee, I appreciate the opportunity ably none to the less-developed countries. An peer The Supreme Court's notion-to deter­ to testify before this committee on a subject official of the Bank testified before this very mine what is pornographic by "community which I believe to be of the utmost impor­ subcommittee last year that "nuclear power standards"-is so flexible and flaky that 12 tance to our country and to the world: nu­ plants ... are one of the most clear-cut ex­ jurors in a remote village could sentence clear proliferation. Specifically, I want to ad­ amples where it is necessary for the Eximbank Masters and Johnson to jail. dress the question of how the Export-Import to provide financing because private export But the children cut through all of the Bank of the United States subsidizes nuclear credit is not available in sufficient volume murkiness. This is not a. First Amendment exports, and why those subsidies should be and on appropriate terms." issue. It ls not a matter of legislating the stopped. Because of what Eximbank delicately refers sexual fantasies of adults. Its a matter of The Export-Import Bank has been the to as "imperfections in the capital market", protecting the real lives of the young models. principal vehicle for U.S. Government pro­ private lenders are unwilling to lend large We can take kidporn out of the realm of motion of nuclear power exports. Since 1959, sums for long periods at great political and sex and into the realm of power, where it the Export-Import Bank has provided loans economic risk to finance nuclear power proj­ belongs. The children are victims, and kid­ and guarantees for almost $4.8 b1llion of ex­ ects abroad. The Export-Import Bank's will­ porn is the exploitation of the powerless by ports of nuclear equipment and fuel through ingness to lend when nobody in the private the more powerful. That exploitation is as 68 loans totalling $3.2 b1llion and 34 finan­ market will do so represents a subsidy, even common to the history of adult-child rela­ cial guarantees of $1.6 billion in commercial though it is difficult to measure in quanti­ tionships as is protection. bank lending. tative terms. Children have always been the dependent Commercial banks, with Export-Import Further, the magnitude of the effect of subjects of adults. Until recently they were Bank guarantees, have provided a substantial this subsidy on the export of nuclear plants the objects as well. For centuries, parents portion of the funding-generally 40 to 45 and technology is even greater than the simply owned them as property, and only percent, and typically are first to receive any value of the subsidy itself. This is because the gradually has society modified that power. repayment. In an industry-by-industry cal­ full faith and credit of the United States Now adults are not allowed to abuse their culation for FY 1975, the Congressional Government backs every Eximbank loan or children, at least not badly, and not allowed Budget Office concluded that the Export-Im­ guarantee. Private credit markets are to send them to work, at least not hard work port Bank loans for nuclear exports, when strongly influenced by this "signal" to come or long work. compared with 16 other industries, had the in and finance the rest. The result is that Yet it's estimated that thousands of chil­ longest average terms and received the sec­ more financial and real resources are allo­ dren are killed every year by their "guard­ ond highest proportion of subsidy. cated to nuclear exports that would be with­ ians" and that two million are "abused." In The Export-Import Bank has financed 50 out Eximbank financing. the home, the majority are merely "hit." In of the 60 nuclear reactor exports by the To make matters worse, the Export-Import the schools, others are administered "cor­ United States. Of the 10 reactors exported Bank finances not only the export of nuclear poral punishment." In the fields, thousands without Export-Import Bank financing, only equipment, but also the fuel needed to run are put to work beside desperate migrant­ three exports of small reactors for Europe in nuclear power reactors! Certainly Eximbank worker parents. the 1960's were not accompanied by some offers no comparable inducement for other Numerically, there are far, far fewer cases financial subsidy. Subsidy has been critical countries to develop alternative energy of sexploitation than of other forms of mis­ to almost all American nuclear reactor sources. It dotls not finance oil or coal ex­ use. But now the federal legislation against exports. ports-for example. kidporn will appear under two peculiarly Mr. Chairm~n. I should like to insert in the How do Export-Import Bank (and other appropriate categories. One has been filed record a table which shows the value of U.S. Government) subsidies for the export of under child abuse, the other under child Export-Import Bank authorizations for nu­ nuclear power plants encourage the prolifer­ 1abor statutes. These are the areas that al­ clear power exports by country, from incep­ ation of nuclear weapons around the world? ready legislate restraint. tion through the end of 1976. The figures are A nuclear power plant is the major step to If we take this issue, and look at it as a those of the Export-Import Bank itself. nuclear weaponry. The engineers and physi­ matter of the abuse of power rather than of Let us examine more closely the question cists needed to develop nuclear explosives sexual deviance, we may begin to look at of why the Export-Import Bank loans and would be available in a power program. So adult-child relationships more intently and guarantees constitute a subsidy for nuclear also would be the plutonium, since the stand­ more generally. We can continue to sort out exports. The Export-Import Bank has insisted ard size 1,000-megawatt power reactor of and deal with our own confused notions of that it gives no subsidy to nuclear exports current design would produce annually spent what is the appropriate use of power by because the Bank lends to foreign countries fuel containing 200 kilograms of plutonium­ adults over children. How should we use it at a rate of interest higher than the rate at or enough for forty small nuclear explosives. and how should we further limit it? which the U.S. Government borrows its All that is required to separate the plutonium At least on the kidporn question we are funds. But a more relevant comparison from the radioactive wastes is a reprocessing sure. As a Village Voice writer noted: Even should be made: the Export-Import Bank's plant which, for a modest weapons program, Lolita, a teenage "seductress," was ftnally lending rate is less than the rate charged would require as few as 8 engineers with a powerless child. In the novel, after her in the private market for a loan of compara­ standard training and would cost as little mother dies, Loll ta goes to the bed of the ble class and maturity. as $25 mi11ion (a small fraction of a power obsessed Humbert, who explains: "You see, Export-Import Bank interest rates of 5-6% reactor's cost) . she had absolutely nowhere else to go." in the late 1950's and the current rates of I have often heard the argument that the 8-8.5% for nuclear power projects are well pocr nations must have nurlea.r power to below market rates in the U.S. and even fur­ replace skyrocketing oll imports, to save for­ ther below those available in the less-devel­ eign exchange, and to insure continuing EXPORT-IMPORT BANK SUBSIDIES oped countries. Public utilities in the U.S. economic development. This is a fraudulent today borrow for 20-year projects at the rate argument, on several counts. Nuclear power FOR NUCLEAR EXPORTS of about 11-13% (for debt and equity com­ offers the prospect not of relieving shortages bined). In less-developed countries, the cost of foreign exchange and capital in poor na­ of capital for corresponding projects is 2-3 % tions but of exacerbating them. Nuclear HON. CLARENCE D. LONG higher, given the greater economic and politi­ power requires enormous capital-approxi­ OF MARYLAND cal risks and undeveloped financial markets. mately $1 billi<'n in canital and construction One prominent analyst of nuclear exports, costs of a 1,000 megawatt reactor, susbtan­ IN THE HOUSE OF REPRESENTATIVES Albert Wohlstetter, calculates that the Bank's tially more than for coal or oil-powered Tuesday, March 29, 1977 lower interest rates on a portion of the capi­ plants of that output. Reactor parts, highly tal required has resulted in a reduction of skilled technicans, and nuclear fuel would Mr. LONG of Maryland. Mr. Speaker, the cost of capital for nuclear power projects have to be imported at additional forel!!'n ex­ I recently testified before the House ·in other countries by at least 4-7%. Indeed, change cost; whereas more conventional Committee on Banking, Finance and many nuclear projects probably would not power plants could use indigenous· factors or Urban Affairs, the Subcommittee on In- have been undertaken otherwise. For exam- prod\1ction. March 29, 1971 EXTENSIONS OF REM.ARKS 9531 Furthermore, i! the bill to develop nuclear ple believe that one of the attending re­ lt easy to raise a cautionary band against power m tne uuaer-ueve1oped nai1ou 15 paid sult.5 of its development is the promise their hopes; and yet, the more I stuay the oy tho U.S. it woula ?eat the exi>ense 01 aict nuclear-power issue the more convinced I to those nationi:; !vr 1ood prouuctiou, irr1gd.­ of employment and prosperity. It is often become that lt 1.s not the correct answer to tio!l, anct 1ern1izer, roaus, euucat1vn, h1J.dtn, di1licult for persons who are in the con­ our energy needs and that it may indeed ports, and housin~. To construct t11e pro­ struction crafts and trades which have become the single, irreversible technological Ject cl nucle r capcidty for uroJan ... nd1a alone been so hard hit by the recession to op­ blunder of our time. m. HJ9U lUOt couut111g auuual fuel costs) pose further development of nuclear But how do you tell this to a man who ls \\'OUld require ab... ut 20 buhon, aud t-is power in spite of any doubts which they out of work? immense sum would do nothing for the "I helped buJld the Indian Point plant," eut:rg)' ueeus 01 tn•: rura1 poor wno maice up may have about it.5 relative safety or one unemployed construction worker told me four-1ilths of the Inaian population and who e1liciency as a source of energy. angrily a few months ago. "I tell you it's 1 eprcsen t the real reason tor seeking economic New York State Assemblyman Maurice absolutely safe!" development. Hinchey, in an article which appeared Such certitude was remarkable, e pecially What about the argument that 1! the U.S. in the March 26, 1977, New York Times, since the Indian Point complex ls built along stop subsia1ziug nuclear exports, other na­ addresses this problem which affect.5 his the Ramapo Fault, vulnerable to earth­ tions will take over the nuclear market? lOlst assembly district in upstate Ulster quakes. The threat of abandoning the nuclear mar­ County. Mr. Hinchey tells us that his is I bad known the man a. long t me and I ket to other suppliers would be more for­ not a prosperous area; that unemploy­ realized that despite hls air o! confidence mtd ble if the nuclear market were lucra­ he was deeply troubled. My questions re­ tive. Those who claim it is profitable should ment is a very serious problem. Also. he garding the safety of nuclear plants reminded be a ked to substantiate their contention. states that the Power Authority of the hlm of the Faustian bargain he WM wllltng Even the French may ultimately get the State of New York is conducting a cam­ to make in exchange for an opportunity to message that nuclear exports have a way of paign aimed at the people in his area pay orr his back debts and shine little more costing the taxpayers more than the indus­ which promotes the belief that many new brightly ln the eyes of his wife and children. try earns in profits. It France, Germany, or jobs will be forthcoming with the devel­ H:i could not afford to admit that there are any other nation chooses to lose money, or to opment of nuclear plants in Ulster and still unanswered questions about nuclear give away its resources to other countries, power. Such an admission would have been this is hardly the reason for us to follow its surrounding communities in upstate New the same as confessing that he was wllllng to example. York. Yet, 60 percent of the respondents gamble wlth the lives of hls !amlly. There is no little posslb111ty that U .s. to Mr. Hinchey's recent questionnaire At one tlme lt was only the President of leadership combined with economic and po­ on the subject indicated that they were the United States who had to face the dllem­ litical pressure could bring other countries opposed to future nuclear development ma posed by atomic power. Then lt became to coop~r te. There appears to be some move­ in their area. the responslblllty of the Congress of the ment towards restraint on the part of the United States and the various regulatory major nuclear exporting nations, which the Mr. Speaker, we are faced at this time agencies. Now, at last, it has become the U.S. should seek to encourage. What evidence with developing both an employment pro­ responsibility of the average citizen. is there that the political and economic gram and an energy plan which respects I could scarcely blame the man 1! he levers at our disposal cannot be made to the rights of our people and the condi­ buckled under the pressure. Certainly many work, if we use them in good faith? It is even tion of our environment. I agree with others, at various levels of government, had possible that clear American leadership and Assemblyman Hinchey that nuclear already done so. But I was disheartened be­ example will be supplemented by the bur­ power is not the answer for either energy cause I knew that what ls happening to the mid-Hudson Valley cannot be stopped with­ geoning opposition to nuclear power !n many I Mr. developed. countries, including a number of or jobs. would like to bring out the support of the general public. the nuclear exporting nations. Hinchey's article to the attention of my But that was a few months ago. We have On February 11, 1977, I sent a letter to colleagues and at this time insert it into just completed tabulating the results of a President Carter outlining my recommen

HOUSE OF REPRESENTATIVES-Wednesday, March 30, 1977 The House met at 12 o'clock noon. love that we may do great things for our THE JOURNAL The Chaplain, Rev. Edw·ard G. Latch, great people in this great Nation demon­ D.D., otfered the following prayer: strating the fact that a government of The SPEAKER. The Chair has ex­ We know that in everything God works the people, by the people, and for the amined the Journal of the last day's pro­ I or good with those who love Him.­ people is at work in this House of Repre­ ceedings and announces to the House his Romans 8: 28. sentatives. Fill our minds with wisdom, approval thereof. our hearts with compassion that we may Almighty and Eternal God, make us Without objection, the Journal stands ready for the duties of this new day by think clearly, choose wisely, and act bringing us closer to Thee. Renew our nobly for the good of our Republic and approved. faith, restore our hope, replenish our the good of all mankind. Amen. There w·as no objection.