January 27, 1969 CONGRESSIONAL RECORD- SENATE 1829 H.R. 4755. A blll for the relief of Peter P. Horton, Remllda Horton, and James Hor­ Violeta Pobla.cion; to the Committee on the Karonls; to the Committee on the Judiciary. ton; to the Committee on the Judiciary. Judiciary. H.R. 4756. A bUl for the relief of Zaven 0. H.R. 4767. A blll for the relief of Dr. Som­ By Mr. THOMPSON of New Jersey: Kodjayan; to the Committee on the Judi­ sak P a.ppa.wuiat; to the Committee on the H.R. 4779. A bill for the relief of Giuseppe. ciary. Judiciary. Cordaro; to the Committee on the Judiciary. H.R. 4757. A blll for the relief of Weronlka H.R . 4768. A blll for the relief of Cecma By Mr. VANDERJAGT: Marek; to the Committee on the Judiciary. Pelaez; to the Committee on the Judiciary. H.R. 4780. A bill for the rellef of Shirouych H.R. 4758. A bill for the relief of Oulseppe H.R. 4769. A blll for the relief of Francesco Makarem!; to the Committee on the Judi­ Vitale; to the Committee on the Judiciary. Somma; to the Committee on the Judiciary. ciary. H.R . 4759. A bill for the relief of Salvatore H.R. 4770. A blll for the relle! of Basile and Vitale; to the Committee on the Judiciary. Palagla stavroupoulos; to the Committee on By Mr. ROONEY of New York: the Judiciary. PETITIONS, ETC. H.R. 4771. A blll for the relief of Ioannls H.R. 4760. A blll for the relief of Rafael Under clause 1 of rule XXII, petitions Antonio Pappa, bis wife, Clotlelde Consuelo Stoubos; to the Committee on the Judiciary. Teresa Burastero de Pappa, and their child­ H.R. 4772. A blll for the relief of utuseppe and papers were laid on the Clerk's desk ren, Alejandra Andrea, Gabriela Araceli, Trimarchi; to the Committee on the Ju­ and referred as follows: Sergio Javier, and Fabian Rafael Pappa; to diciary. 35. By the SPEAKER: Petition of Henry the Committee on the Judiciary. By Mr. SCHEUER: Stoner, Portland, Oreg., relative to the Armed By Mr. ST. ONGE: H .R. 4773. A b1ll for the relief of Elha.u Forces; to the Committee on Armed Services. Ma.Ilk and his wife Claire; to the Committee H.R. 4761. A b111 for the relief of Dennis J . on the Judiciary. 36. Also, petition of Gordon Levon Dollar, Relyea; to the Committee on the Judiciary. H.R . 4774. A blll for the relief of Tomasa Springfield, Mo., relative to redress of griev­ By Mr. SANDMAN: Rivera; to the Committee on the Judiciary. ances; to the Committee on the Judiciary. H.R. 4762. A blll for the relief of Charles J. By Mr. SMITH of Iowa: 37. Also, petition of Benjamin L. Ehrlich, Culligan; to the Committee on the Judiciary. H.R. 4775. A bill for the relief of Giuseppe Chicago, Ill., relative to redress of grievances; H.R. 4763. A bill for the relief of F1111ppo Andreana; to the Committee on the Ju­ to the Committee on the Judiciary. D'Agostlno; to the Committee on the Judi­ diciary. 38. Also, petition of Charles B. Lucas, Oxon ciary. H .R. 4776. A blll for the rellef of Salvatore Hill, Md., relative to redress of grievances; H.R. 4764. A bill for the relief of Marlo Cusimano; to the Committee on the Ju­ to the Committee on the Judiciary. Errera; to the Committee on the Judiciary. diciary. 39. Also, petition of William B. Coleman, H.R. 4765. A b1ll for the relief of Vita H.R. 4777. A bill for the relief of Guido Jacksonville, Fla., relative to the Committee Fodera; to the Committee on the Judiciary. Fenu; to the Committee on the Judiciary. on Un-American Activities; to the Oommit· H.R. 4766. A b1ll for the relief of Eugene H.R. 4778. A bill for the relief of Dr. tee on Rules.

SENATE-Monday, January 27, 1969 (Legislative day of Friday, January 10, 1969> The Senate met at 12 o'clock meridian, WAIVER OF CALL OF THE ary 19, 1969, as well as an article about on the expiration of the recess, and was CALENDAR Senator HARRIS and his lovely wife, La­ called to order by the Vice President. Donna, entitled "Man in the News: FRED The Chaplain, the Reverend Edward Mr. MANSFIELD. Mr. President, I ask unanimous consent that the call of the HARRIS Riding Herd on Democrats," pub­ L. R. Elson, D.D., offered the following lished in the New York Post of Saturday, prayer: legislative calendar, under rule VIII, be dispensed with. January 25, 1969. Everliving God, unto whom in all ages The VICE PRESIDENT. Without ob­ There being no objection, the material men have lifted up their hearts in prayer, jection, it is so ordered. was ordered to be printed in the RECORD, grant to all of us in this place a sense of as follows: the sacredness of every task, that while [From the New York Post, Jan. 25, 1969) we work we may worship, while we think TRANSACTION OF ROUTINE MORN­ MAN IN THE NEWS: FRED liARRis RIDING HERD we may pray, while we speak we may ING BUSINESS ON DEMOCRATS witness for Thee, that serving here we Mr. MANSFIELD. Mr. President, I ask (By Warren Hoge) may serve our Nation and serving our unanimous consent that a brief period WASHINGTON.--Only one thing was missing Nation we may serve all mankind. Re­ be allowed for the transaction of rou­ in the Humphrey command headquarters In ceive now, O Lord, the dedication of our tine morning business, with statements Minneapolls' Leamington Hotel early elec­ lives which we offer to Thee this day. therein llmited to 3 minutes. tion nlizht. In Thy holy name. Amen. The three television sets were In place. The VICE PRESIDENT. Without ob­ Telephones linked the suite with key lieu­ jection, it is so ordered. tenants. The co-chairman of the Democratic THE JOURNAL Presidential nominee's campaign, Minnesota Mr. MANSFIELD. Mr. President, I Sen. Walter Mondale, and his aides were MAN IN THE NEWS: SENATOR there and a burly friend of the Senator's ask unanimous consent that the Journal FRED HARRIS chauffeur stood at the door to keep out un­ of the proceedings of Friday, January 24, wanted guests. 1969, be approved. Mr. MANSFIELD. Mr. President, some Still awaited was the other half of the The VICE PRESIDENT. Without ob­ days ago, the Democratic National Com­ campaign leadership, Sen. Fred Harris of jection, it is so ordered. mittee met and selected a new national Oklahoma. chairman. The man selected was one of Suddenly there was a commotion in the our colleagues, FRED HARRIS, the senior hallway. A short, somewhat overweight young MESSAGES FROM THE PRESIDENT Senator from Okahoma. man with shiny black hair parted razor­ Messages in writing from the Presi­ I am delighted with his appointment, straight down the middle was trying to con­ because if anyone can occupy a position vince the bouncer that he was a U.S. Sena­ dent of the United States submitting tor. It wasn't until Mondale came to the door nominations were communicated to the in the Senate and do an outstanding job and vouched for him that Sen. Harris was Senate by Mr. Geisler, one of his secre­ as the national chairman for our party admitted. taries. as well, it is Senator HARRIS. I assure him In addition to being co-chairman of Hum­ that he will have the full cooperation and phrey's campaign, Harris had also been an understanding of the Senate leadership activist member of the Kerner Commission EXECUTIVE MESSAGES REFERRED in the efforts he undertakes to strengthen on Civil Disorders and a frequently men­ As in executive session, the party, to invigorate it, and to bring tioned possiblllty for the Democratic Vice The VICE PRESIDENT laid before about a better understanding with the Presidential nomination. the Senate messages from the President younger people of this Nation. Now, at 38, he ls the chairman of the Democratic National Committee. of the United States submitting sundry Mr. President, I ask unanimous con­ If all that wasn't immediately apparent to nominations, which were referred to the sent to have printed at this point in the the doorkeeper that night, it's understand­ appropriate committees. RECORD the transcript of the first TV ap­ able. (For nominations this day received, pearance by Senator HARRIS as national Harris ls a shirt.sleeves and feet-on-the­ see the end of Senate proceedings.> chairman, on "Face the Nation," Janu- desk type, a man with no time or taste tor 1830 CONGRESSIONAL RECORD- SENATE January 27, 1969 the excessive formality of traditional Sen­ "depending on the need or m y m ood ," Harris a udience wit h t he Chief Executive. She lives atorial demeanor. now reflects, lt was "either terribly deprived his life as earnest ly as he does. While others suited up for convention or richly educational." Though something ot a celebrity in Wash­ strategy conferences in Chicago last August, He received both undergraduate and law ington a nd a catch for Capital hostesses Harris came out in turtlenecks, slacks and degrees from the University ot Oklahoma now, Harris Is not likely to foresake his loafers. On other mornings, he often used to where he made his first political mark as an Oklahoma habits. A Southwestern twang stroll over to the McLean, Va. home ot his official of the Young Democratic Club. colors the resonant timbre of his speaking neighbor and friend, the late Robert Ken­ He h ad married his high-school sweetheart, voice and t hat part in the middle of his hair nedy, dressed in bathrobe and slippers. LaDonna Crawford, during his first year at h as stayed there despite the complaints of His 37-year-old wife LaDonna, who ls half­ the University. They spent his college years his friends. Indian, and he prefer picnics and backyard t ogether in a traller the school provided for One day recently Harris took an early cookouts to the Capital's entertainment in­ married students. morning stroll through the feedlots with his stitution-the candle-lit dinner party. LaDonna, daughter ot an Irish father and father on the farm in Lawton. Then he Behind this easy-going style lurk a drive a Coma nche mother, was virtually raised by boarded a plane and flew to Washington. and an ambit ion second to none in Washing­ her Indian grandparents after her own pa.r­ Later that afternoon, a friend confides, he t on. A look at his quest for the National ents were divorced. glanced at his feet and noted proudly that Co=ittee chairmanship and his first acts in After graduation, Harris set up a law prac­ he was striding the carpeted floor ot the office yield a telUng view of the Harris tice ln Lawton and immediately ran for the U.S. Senat e with traces of Lawton manure m ethod. State House of Representatives. He lost. Then still on his shoes. First, he cleared his credentials with the he ran for the state Senate. He won, taking headliners in the party-Humphrey, Sens. his seat at age 25. "FACE THE NATION," CBS TELEVISION NET­ Muskie, Kennedy, Mansfield and McGovern In January, 1963, the veteran U.S. Senator WORK, CBS RADIO NETWORK, JANUARY 19, and House Speaker McCormack. (He couldn't from Oklahoma, Robert Kerr, died. The 1969, WABIIlNGTON, D .C. get t hrough to Eugene McCarthy.) state's Democratic Governor, J . Howard Ed­ Guest: Senator Fred R. Harris (D., Okla..) Then he personally telephoned all 110 mondson, resigned and had his lieutenant Chairman, Democratic National Committee. members ot the National Co=ittee to see governor appoint him to the vacant post in Reporters: John Hart, CBS news; David if they h ad any questions about his quali­ Washington. Broder, the Washington Post; David Schou­ fi cat ions for the Job or his plans tor the Harris set his sights on the seat and soon macher, CBS news. part y. began an 18-month campaign through every Producers: Sylvia Westerman and Prentiss The day after his Jan. 14 election by the hamlet of the state. It took two upsets to Childs. committee, Harris summoned all the com­ get him to Washington. First he overturned Mr. HART. Senator Harris, tomorrow you mittee employes and made it clear that his Edmondson's bid in a three-way Democratic Democrats turn the White House over to the own earnestness was to be the model of the primary. Then he overcame monumental one man you Democrats thought could unify performance he expected from each ot them. odds and defeated Republican Bud Wilkin­ you. It Richard Ntxon could not bring unity He told them he wanted on his desk the son, Oklahoma University's legendary foot­ to your party, how do you, as the new next day a memo from each listing past ex­ ball coach and a revered man throughout the Chairman , propose to do lt? periences, present duties, attitudes about state. Senator HARRIS. Well, I think the primary the current thrust ot the committee's work, That election was for the two remaining thing ls that we have to help people become suggestions for the future and any com­ years of the Kerr-Edmondson term and then more aware ot the tremendous problems plaints about their Jobs. ln 1966 he won the seat tor a full term in his which this country faces and how lt ls ln He ordered them to memorize the names ot ownrlght. their own self interest for us to meet those all 110 committee members and of all Demo­ In Washington, Harris performed a re­ problems. cratic Representatives, Senators and Gov­ markable tight-wire act, becoming friendly .ANNOUNCER. From CBS Washington, ln ernors. It any of these officials writes the with President Johnson, Sen. Robert Ken­ color, "Face the Nation," a spontaneous and committee, Harris directed, an answer should nedy and Vice President Humphrey simul­ unrehearsed news interview with the new be in the mall within 24 hours. taneously. Chairman ot the Democratic National Com­ And he demanded a promise from the staff In 1967 he reco=ended in a Senate mittee, Senator Fred Harris, of Oklahoma. that none of them would get Involved ln the speech t h a t a "Special Commission on Civil Sena tor Harris will be questioned by CBS Jockeying tor the party's 1972 Presidential Strife" be created to probe urban riots. Soon News Correspondent David Schoumacher, nomination. he received a call from the White House en­ David Broder, National Political Reporter ot With that warning, he intended to dispel dorsing the idea and appointing him to the The Washington Post, and CBS News Corre­ the fears of some who saw in his selection p anel, named the National Advisory Com­ spondent John Hart. a bid to hold the party for Humphrey until mission on Civil Disorders. Mr. HART. Senator Harris, what wm you do 1972. "That's Just not true," Harris said when On the Presidential commission, Harris to offer partlclpatlon to the disconnected asked in an interview about those allega­ and Ma yor Lindsay quickly became the ag­ elements of the Democratic Party? tions. "I want the party to keep open the gressive ones. They toured ghetto areas to­ Senator HARRIS . Well, I think, first of all, options for anybody to run tor President." gether, and later, when the White House we've got to really want to do that. I do. A second source of concern among some tried to shelve their final report, they were I think that ls the mandate of the party, Democrats was a feeling that as a Senator the two co=tssloners most vocal in their and I said, when I accepted the election, that he would not be able to devote the time insistence that its recommendations be adopted as national pollcy. we wanted to make this an open party, with needed to rebulld the sagging party structure the widest possible participation in all its and to pay off the $8 million debt incurred He also pushed h ard tor the section ascrib­ ing much of the blame for riot-breeding processes, and made fully democratic. And, f or the 1968 Presidential race. under the mandate of the convention, I will Harris answers this by arguing that t he situations to white racism. "Racism," he t old the NAACP 1968 convention ln Atlantic be a ppointing very soon a Co=lsslon on time he gave last year to writing a book Party Structure and Delegate Selection, " Alarms and Excursions," a report on his City, "ls the number one mental problem in America. which I hope will give us recommendations work tor the Riot Commission, directing tor step-by-step ways that may be done. Humphrey's race and serving on the Kerner Known as an "egghead" in college, Harris h as d irected his intellectual interests at the Mr. BRODER. Senator, the man who led the Commission he will give this year solely to history and problems ot the American In­ fight for opening up the party structure at the committee chairmanship. dian. Both he and his wife are amateur an­ the convention, as you know, ls Senator Har­ Harris learned to work hard at an early age. thropologists and go on digging expenditlons old Hughes, of Iowa. Are you going to let Born Nov. 13, 1930, the son of a Southwestern together. He ls also an authority on Okla­ him follow through as Chairman of the Oklahoma farmer, he was baling hay at the homa's Indians. One out ot tour American commission? .age ot five. Indians live there. Senator HARRIS. I haven't made any de­ Harris' mother earned money during the The Harrlses both speak Comanche and cisions about the chairmanship, or members, Depression years of the Senator's childhood all three of their children, Kathryn, 19, either one, because, tor example, I have Just by working alternately as a domestic, field Bryon, 10 and Laura, 7, are enrolled members mailed out, oh, I think something like four hand, chicken plucker, laundry worker, cot­ of the Comanche tribe. A fifth member ot or five hundred letters to officeholders, party ton picker and store clerk. the family in their eyes is Mary Jackman, leaders, people who have shown an interest ms father had been a day laborer, mule a Negro woman from Lawton, who has worked in this subject, and others, asking tor their skinner, cotton picker, migrant farm worker, for t hem since the Senator was an Okla­ recommendations. I ..io want the widest possi­ mechanic, bus driver, trucker, cattle buyer, homa lawyer. Her sister, Stella, ls the Sen­ ble participation in this party, and I want owner ot a custom wheat harvesting outfit a tor's receptionist ln his Capitol Hill office. that much participation also in the selec­ a nd a farmer and cattleman. Their seven-room white brick house in tion. Harold Hughes ls exactly the kind of As a youth, Harris maintained this eclec­ McLean ls decora ted in bright colors. Many man, lt seems to me, that we will want on trlc tradition, doing a variety of odd Jobs ot its paintings depict Oklahoma scenes. this commission. around town and following the wheat harvest Married more than half their lives, they Mr. ScHOUMACHER. Well, lt you are going to North Dakota nine summers in a row. At are inseparable. His first act as Democratic to have credlbUity in your desire tor reform, 12, he decided he had to learn a trade, and National Chairman was to introduce her to aren't you almost going to be forced to select he set out to become a printer. its members. He even took her into Presi­ someone that was not ldentifl.ed with the It was an upbringing scarred by poverty; dent Johnson's Oval office for his very first Humphrey campaign, someone that was January 27, 1969 CONGRESSIONAL RECORD- SENATE 1831 either connected with Robert Kennedy's elected. It was a committee which was ap­ about it at all, and I would want to-you campaign or Eugene McCarthy's? pointed by my predecessor, as chairman, but know, I haven't really thought about who Senator HAruus. I think there a.re some good It was a rather good committee, I thought. will be on any of these, a.nd I don't Intend guys, you know, who were connected with Mayor Doorley, of Providence, Rhode Island, to until we have had an opportunity to re­ the Humphrey campaign, myself, but a.lso was the Chairman, a young, bright Demo­ ceive the recommendations from people all I-let me just sa.y that criteria. !or the ap­ cratic leader, I think one of our better young over the country, which I have solicited. pointment to tha.t commission, I think I ca.n Democratic leaders In the country. The Mr. HART. Senator, could we talk about sa.y very quickly-and I ha.ve sa.ld It to way I understood It-I was n ot present when specific plans that you have in mind !or in­ everybody, both before a.nd after my elec­ the Credentials Committee report was made, volving these dlsafl'ected sections of the tion-number one, I want people who be­ that was, as I say, before I was elected-as party-- lieve In the mandate. I do. I think we've got I understand It, there are some legal prob­ Senator HARRIS. Yes. to make this party more democratic, as the lems about the Georgia law, and so forth. Mr. HART. -at the grass roots? convention has directed us to do It, and so But I talked afterwards to the two, the com­ Senator HARRIS. Well, first of all, I Intend people who go on that should also believe mitteeman and woman , who were seated, and to appoint a youth commission, a youth par­ that. Secondly, I want the commission to be they promised me they would go back to ticipation commission very soon, and that credible, that is, I don't wa.nt people to just Georgia and try to comply with what ls the is a matter which I have been very much look at it a.nd say, "Oh, well, that group obvious requirement of the convent ion. And Interested in. I Introduced la.st year a bill Isn't going to do anything." Thirdly, I want we are going to try to see that that ls done. called the Youth Participation Act, to in­ It to be of people of really sound judgment, Mr. SCHOUMACHER. We are Just about volve young people In decision-making In who will really work at It. For example, I swimming in committees and commissions government at all levels, and It is a blll come down on the side of decentralization and councils, let's talk about the Democratic which I worked out in conjunction with a o! schools in New York City but, as we have National Policy Council. lot of really bright kids all over this country. seen, that is easier said than done. So I am Senator HARRIS . Righ t. There ls a chapter in the book I wrote last not just interested in a. group that will re­ Mr. ScHOUMACHER. How much success are year, "Alarms and Hopes,'' on this very sub· state the principle, that Is, we want a more you going to have with that idea o! a legis­ ject, the subject of youth, and their aliena­ democratic party, but people who will really lative advisory committee, a policy advisory tion and their feeling that there Isn't suffi­ work at making that come to pass. Fourthly, committee with the opposition, apparently, cient outlets for their energies and ideas and I wa.nt people who are representative of the of Senator Mansfield, the majority leader? idealism, and I think that ls right. I think various elements In the party. Senator HARRIS. Let me say first that, when we need to take them in. Well, first of all, Mr. HART. Senator Harris, Robert Kennedy I called Senator Mansfield and asked him we are going to believe In taking them in. won the Indiana primary and yet the votes about whether or not he would approve of This task force is going to go out looking o! Indiana went to, let's sa.y, Hubert my selection as Chairman of the Democratic for ways that they can participate in the Humphrey, the party establishment. Eugene Party, he said, "I am enthusiastic about It,'' decision-making processes of the party Itself, McCarthy ,ion the Pennsylvania primary and, and, he said, "You can quote me." And partlclpate- yet, with yourself prominently involved, those when I called Speaker McCormack about it, Mr. HART. Do you have any ideas on that, votes of Pennsylvania. went to the estab­ Interestingly enough, he mentioned the same at this point, on how they can participate? lishment, again. Do you wa.nt to see that word. He said, "I am enthusiastic about It, Senator HARRIS. I think, for example, that happen again? How are you going to insure and you can quote me." I also had a very all these commissions and committees I ap­ that primary votes are translated into dele­ good visit with Senator Kennedy In advance, point ought to have some of these really gate votes? and he gave me his pledge o! approval and bright young kids on them, and that is what Senator HARRIS. Well, as you recall, after support. Carl Albert, of Oklahoma, the ma­ I intend to do, to just start right off with the Indiana primary Senator Kennedy, un­ jority leader in the House, urged me to take that kind of participation. Furthermore, I fortunately, was assassinated and wasn't, this and, obviously, I am In close working am asking-- therefore--their votes couldn't, therefore, relationship with hlin. I was for the Demo­ Mr. ScHOUMACHER. Are these going to be later be cast for him, so the party itsel! had cratic Policy Council because I want this to Young Democrat kind of bright young kids to decide what It was going to do. In Penn­ be a party which is the loyal opposition. I or are these going to be bright young kids? sylvania, I believe, Senator McCarthy ran­ don't agree with Benjamin Disraeli that the Senator HARRIS. Bright young kids and I don't remember whether he was unopposed business of the opposition is to oppose. I bright Young Democrats also. altogether or not, but I do know that Hu­ think that we shouldn't oppose just for the Mr. ScHOUMACHER. Which is going to get bert Humphrey was prevented from being In sake of opposition, but we have a responsi­ me a lot of letters from the Young Demo­ that primary. I think the convention has blllty which we can't evade on the great crats. given us a mandate that we've got to follow. moral issues of our time--peace, race and Senator HARRIS. Well, what we are going to It ls one which I believe in. And that is that poverty-and I think we have got to speak have to do, also, is go out and say that you In every possible way, by primaries, by open out and help lead this country, and espe­ are not going to have to sign in blOOd that conventions, by whatever, when we select cially is that so because now we are also In you will vote for every one of our nominees the delegates who will select our nominee control of the House and Senate, despite the or sa.y that you are going to dedicate the rest in 1972, tha.t ought to represent the popular !act that the Republicans elected their man o! your ll!e to politics, In order to be a.ble will of the Democratic Party at that moment. to the White House. to participate in our party and to participate Mr. BaoDER. Senator, there are some peo­ in the issues, discussion of the issues. But ple who would take It one step further and Mr. BRODER. Well, Senator-- one more thing, which I am really very ex­ just get rid o! the national convention and Senator HARRIS. Well, that is why I wanted cited about, is this: I want the Democratic let the people choose the candidate directly. the Policy Committee and I think, therefore, Party to offer an opportunity to young peo­ How do you feel about that? it is an asset to be in the Senate, to enjoy ple, to women, to everybody, a chance not Senator HARRIS. I don't know. I have mis­ the close working relationship with those just to say something about social llls but givings about a. primary because o! the tre­ leaders, and I believe we can avoid the kind to do something about them. I want to see mendous money that would be Involved !or of split we had, as I understand it, back us offer technical assistance, encouragement, everybody to have to run In every state. I during the Eisenhower administration, be­ stimulation for people to begin tutoring pro­ think the primaries serve a very useful pur­ tween the Democratic National Committee, grams and programs like that, to do some­ pose, the ones we already ha.ve, and perhaps on the one hand, and the Congress, on the thing right now in a non-Federal, private others that will be added, because I think other. way, even though we are not in the White it gives the party a cha.nee to see whether or Mr. BRODER. You don't expect Senator House. not a man can really appeal to the people Mansfield and Speaker McCormack to join Mr. Hart, Senator, we have some questions themselves. I am not sure that we wlll want this policy council, do you? on that and we will ask you those In a to throw It out altogether a.nd go to a direct Senator HARRIS. I don't know. I just really moment. primary. There have been suggestions for hadn't thought about that. The words o! the Mr. HART. Senator Harris, you are talking that, and that wlll be considered In the Con­ resolution call for the appointment of con­ about a government in exile, a shadow gov­ gress itsel!. But I would hope that this gressional leaders, party leaders, officials ernment. How are you going to operate these commission, which I wlll appoint, under the around the country of stature, and so forth, ambitious programs for involving all of these convention mandate, will consider that as and I would hope that people that we could varied people, in great numbers, and pay off' well as other suggestions. put on this council and who would head up $10 to $12 to $15 m1lllon, and get your $1.5 t o Mr. HART. Senator Harris, you speak o! task forces under It, would be Cabinet qual­ $2 Inilllon a year Just to run the commit tee, wanting credlbllity !or your reform commis­ ity people, the kind of people who would and fund these other activities? sion; what about the committee Itself, which really work at staying abreast of these issues Senator HARRIS. Well, I think they are met this week and, in rhetoric at lea.st, con­ and the kind of people who could be called really compatible. I think that, for example, demned the Georgia party for selecting before committees to testify on the matters if you are just a party doing nothing but rais­ rather than electing its officials, and then as they come up and offer constructive al­ ing money, you find money much harder t o went ahead and seated those selected, auto­ ternatives. raise. What I want to do ls to have so man3 cratically selected officials? Is there a credl· Mr. SCHOUMACHER. Wlll Hubert Humphrey activities going, that are really worthwhile, bll!ty problem there? be the chairman of this council? on the issues and on doing things and on Senator HARRIS. Let me just say, first, that Senator HARRIS. I don't know. We really allowing everybody to take part In It, speak­ that was decided, o! course, before I was haven't discussed that. I haven't t hought ing out on the things t hat we think are really 1832 CONGRESSIONAL RECORD- SENATE January 27, 1969 vital to the future of this count ry, that we getting smaller. Now, whether you are a Re­ Senator HARRIS. Well, let me say, first on will be a party that people wlll want t o par­ publican or a Democrat, you are an American issues, the platform in Chicago is binding t icipate In. Some will want to participate with first, and you have to worry about these on the Democratic Party. It was adopted at money, if they have It; some will want to par­ things because America Is not going to be our convention. I support it. So on issues, ticipate with time, and some with both. But the kind of country that you and I want It such as race issues, we have a platform, and we are going to try to broaden the base of the to be unless we face up to these problems it is one which I have supported and helped financial contributors in this party, and I courageously and unless we move to meet- draft. Insofar as participation in the party think we will be able to do that, If we are Mr. HART. Is that the tone you read in the Is concerned, in the southern states, tt has doing things. Nixon administration, a standstill? got to be just llke in any other state, and Mr. HART. Well, let me re-ask that ques­ Senator HARRIS. Well, I don't feel responsi­ you have got to follow the political-the tion: You are in debt. You owe a lot of ble for the Nixon administration, you know, democratic processes, it mustn't be racist, It money. How are you going to do these ot her but I do feel responsible for olfering con­ mustn't exclude people because of race or things? structive alternatives. If be doesn't olfer plans for any other reason. If they believe in the Senator HARRIS. We wlll just do them, be-­ to meet these problems, then it seems to me democratic processes, and 1f they are a regis­ cause I think people want those sort of things that, in conjunction with the Congress, the tered Democrat, why, they have got to be to be done by this party. And, In addition Democratic Party and its leaders have to olfer allowed to take part in the democratic selec­ to that, of course, our contributors know constructive alternatives and give the people tion of their party officials and individually that if they-that Is, the people that we a chance to debate and discuss these things of their delegates. Now, that's the mandate presently ow-that if they demanded their and decide them. of the convention. It happens to be one I money thiS very moment, of course, we just Mr. BRODER. Senator, what ls your construc­ believe In. Even if I didn't believe in tt, I wouldn't be able to do anything at all, and tive alternative for the antipoverty program, would have to carry It out because I have we would have a far harder time raising the which even President Johnson said maybe no alternative. money. Now, they have been very, very good needs to be overhauled? Are you going to try Mr. HART. Senator, you talk about politi­ and very forbearing about being willing t o to fight to save that agency as a separate cians now, what about the voters of the take their money over some period, and we agency? South which made Richard Nixon President are going to have a great many activities on Senator HARRIS. Well, I don't know about this time, how do you get them back? fund-raising, but that is not going to be our the separate agency. I personally would llke Senator HARRIS. I think that what you only activity. to see It, because I think it is a good yard­ have to do Is to-something I hope we will Mr. ScaouMACHER. Senator, the conserva­ stick for other agencies which in the past do, as a party, something I tried to do last tives in Congress generally expect a liberal sometimes sort of sat back and waited un­ year, in writing a book. I thought about my legislative program to be submit ted this til somebody came in with a problem dad, who lived on a farm down in south­ year. Wm there be one? Instead of going out looking for problems western Oklahoina. He comes originally from Senator HARRIS. Submitted by the Presi­ and going out giving people a chance to Mississippi. And what you have to say to him dent, do you mean, or-- have a voice in a solution to their own prob­ is that, you know, your ll!e is very much Mr. SCHOUMACHER. Not only by the Presi­ lems, which I like. So I would like to see bound up with what is going on in Detroit, dent, but I am speaking of by liberal the agency continue, but one way or an­ or what ts going on In Chicago, or somewhere Democrats. other you are going to have to continue the else. I think Benjamin Franklin was-I think Senator HARRIS. Well, we bav-aur plat­ program because the probleinS are there. one problem about us liberals is that we try form adopted in Chicago, I think, on domes­ As a matter of fact, what I am particularly to get people to do things simply because tic issues, particularly, is a very good plat­ interested in ts what we said in the Kerner we preach to them. Well, I think people form. For example, it endorses the findings Commission report, adopted in the Demo­ ought to do the right thing because it ls and recommendations of the Kerner Com­ cratic Platform, and that is a very greatly right, but I also believe that Benjamin mission. And I will be hopeful that bills will increased public and private job program Franklin was right when he said, "If you be Introduced to help carry out that plat­ and job training program, because I think would persuade, you must first appeal to form. Our platform of 1964 virtually ls interest rather than intellect." And so I enacted now, and I think even though we that is the number one thing we could do, if we were just going to do one thing, be· think what we have to say to a guy like my are not in the White House we are in control dad is that it is in your interest to recog­ of the Congress and we have a very serious cause to help people have a job and the training to do the job so that they can nize these problems, and it is in your interest responslblllty to try to carry out this plat­ to see that they are solved. In that way, I form we adopted in Chicago. provide for themselves. Mr. ScaouMACHER. Senator, does organized think, we can make an appeal. as a party. Mr. ScHOUMACHEB. How much In control of But solutions sound nutty to people who the Congress are you? Hasn't the Conserva­ labor, do labor leaders have too much in­ fluence tn the Democratic Party? don't think there are any problems, and I tive Republican-Southern Democrat coalltion think there are a lot of people in the coun­ taken back over, particularly in view of this Senator HARRIS. I don't think so. I think try who either don't know that these prob­ latest rules fight that you lost? that they have an lnfiuence, just like every lems exist or don't realize how serious some Senator HARRIS. Well, men are stm individ­ other group or group of individuals does. ot these problems are, the problems of uals and each bas his own responslblllty, And, so far as I know, they don't have any urbanization, for example, now, with 70 per to discharge his responstblllty as he sees inordinate influence. cent of our people llvtng on only 2 per cent flt, and so we haven't any kind of whip Mr. ScaouMACHER. Well, now, several times or less of the land, and we have had to over anybody. We haven't any way to control a week there will be a circular come out spread that awareness. That is the reason anybody. The Democratic National Commit­ announcing some meeting of the new Demo­ why I am interested in this action program, tee couldn't possibly dominate the Congress, cratic coalition in one state or another, sev­ to get people involved. If you get involved if it wanted to, and the Congress shouldn't eral hundred, five hundred, a thousand peo­ in tutoring some child, for example, in a dominate the Democratic National Commit­ ple getting together to talk over party prob­ black ghetto, or wherever, in a white rural tee. But I think we can work far closer to­ lems. And several weeks ago Vice President poverty area, if you get involved, then you gether than we have In the past, and I think Humphrey met secretly with some labor lead­ begin to see these problems. Then you se­ the country will benefit from it. ers In the backwoods of Maryland to talk you know how serious they are. Mr. HART. In an administration which over party alfalrs. Just where really is it at Mr. HART. Is that what the Democratic seems to be talking about ratlonallzlng exist­ In the Democratic Party? Party Is going to do? ing laws rather than bringing In new laws, Senator HARRIS. Well, I don't know what Senator HARRIS. That is what I hope we'll will t he Congress dominate the government you're t alking about, but where it's at is do. over the next four years? everybody---our party is open to everybody Mr. BRODER. But, Senator, the reality is Senator HARRIS . Well, I hope that-you who believes in the democratic processes and that you lost every southern state except know, it ls not so much a question of who we will olfer a forum to people who believe Texas. In many of them your ticket finished dominat es who--1 hope we will move on these in the democratic processes and who are Dem­ third, it didn't even finish second. How do programs. For example, we are spending now ocrats who want to come in and voice their you really expect to make the Democratic about $3 blllton on education. One of them­ opinions and take part in our party. And, Party, as long as it adheres to the principles there are several kinds of programs-we have you know, if you would look at my appoint­ that you are talking about, p alatable to the such a great Indebtedness for President John­ ment list, you will see that I meet with all south? son, who led us really to move on some of types of people, and I am interested tn do­ Senator HARRIS. In the first place, why t h ese massive kind of domestic problems we ing that and I am going out looking for should the South, why should people who have. Well, here you just look ahead at the them. live in the Sout h be all that dilferent from children coming on who were born a little Mr. ScHOUMACHER. We have, perhaps, con­ people who live In the North? If we do our time after the Korean War, and you will see centrated too much on your problems to the duty, 1f we help build a really democratic that, even with present programs, that ts left of the center of the Democratic Party. and representative party, and if we do our going to cost $11 billion, just because of in­ What about to the right, and particularly duty in helping spread the awareness of the creased kids In school and in college, and so in the south? How are you going to balance problems which face this country-they are forth . Well, now, you can't stand still because these needs, as you see them, in the party not just problems of Oklahoma, they are not our population ls growing, urbanization con­ and in the country, versus the defections just problems of Washington, D.C., they are tinues. All of these problems are there and that the Democrats are running to tn the problems of Mississippi and Alabama, and so they are not going away and they are not South? forth. And I think we have to do what we January 27, 1969 CONGRESSIONAL RECORD- SENATE 1833 ought to do, anyway, and that is build-and The VICE PRESIDENT. The clerk will and missiles examined are not identified by now perhaps for the first time, really-a Na­ call the roll. name. tional Democratic Party. The bill clerk proceeded to call the roll. The paper first examlned 13 major aircraft Mr. HART. Sena.tor, it sounds as if, in talk­ and missile programs, all with "sophisti­ lng about an open party in the south, you're Mr. MANSFIELD. Mr. President, I ask cated" electronic systems, built for the Air putting your hopes a great deal on a lot of unanimous consent that the order for the Force and the Navy beginnlng in 1955, at a new and newly registered black voters in the quorum call be rescinded. cost of $40 billion. South. The VICE PRESIDENT. Without ob­ Of the 13, only four, costing $5 b1llion, Senator HARRIS. Yes, that's true, of jection, it is so ordered. could be relled upon to perform at more cours&--- than 75 per cent of their specifications. Five Mr. HART. But there aren't enough of them others, costing $13 billion, were rated as to return the South to you. WEAPONS SYSTEMS: A STORY OF "poor" performers, breaking down 25 per Senator HARRIS. Well, there are a great ALLEGED FAILURE cent more often than promised or worse. many more black people there. In Mississippi, Two more systems, costing $10 billion, were :tor example, the party which ls headed by Dr. Mr. SYMINGTON. Mr. President, in dropped within three years because of "low Henry, ls the Democratic Party o:t MlsslssippL the Washington Post of Sunday, January reliab1llty." The last two, the B-70 bomber It Is about half black and about half white. 26, is a story by Mr. Bernard D. Nossiter, and the Skybolt missile, worked so badly I suppose it ls about like the ratio o!-- "Weapon Systems: A Story of Failure-­ they were canceled outright after an outlay Mr. HART. In August was the Democratic Pentagon Gadgetry Failure Found High of $2 billion. Party. LOSES FURTHER LUSTER Senator HARRIS. Well, it is the Democratic in Fifties, Higher in Sixties." Party there. It Is the one recognized by the The article includes some charts which The paper sums up: "Less than 40 per convention. It followed-It was the only party I hope anyone interested in the subject cent of the effort produced systems with ac­ which followed the processes which the con­ will examine. Unfortunately, the charts ceptable electronic performance-an unin­ ven tlon had in 1964-- cannot be reproduced in the RECORD. spiring record that loses further luster when Mr. SCHOUMACHER. What would happen to cost overruns and schedule delays are also As a result of this article, I would hope evaluated." you it you had people like John Stennis and there would be more understanding of Richard Russell and a large part of your con­ The paper measures "reliability" in this gressional delegates suddenly go over and why some of us suggested during the last context. The electronic core of a modern help the Republicans organize a Congress in session that this Government continue plane or missile consists essentially of three the future? with research and development on the devices. One Is a computer that ls supposed Senator HARRIS. Well, you know, that would new ABM system, but not place orders to improve the navigation and automati­ be an individual decision of theirs. I don't cally control the fire of the vehicle's weapons for its production. The proposed ABM and explosives. Another is a radar that spots expect it. But may I say, nevertheless, what system is far more complicated than any we have to do ls laid down in the mandate enemy planes and targets. The third ls a of the systems referred to in this article. gyroscope that keeps the plane or missile of our convention. Our processes must be As democratic and our platform ls as adopted in Members of the Senate know, over on a steady course. Chicago. I suppose that. a period of years I have been protesting When the Pentagon buys a new gadget, its Mr. BRODER. Senator, let me change the the "gadgetry" aspect of our current de­ contract with the aerospace company calls fense procurement as against the obtain­ for a specified "mean time between failure subject, if I can. Do you consider that Sena­ of the electronic system." In lay language, tor Kennedy can have that 1972 nomination ing of workable hardware. this is the average number of continuous if he wants it? I would hope the "abstruse" article in hours that the systems will work. Senwtor HARRIS. I don't have any buslnees question, now that much of it has been In a hypothetical contract for a new jet even considering that. What I have said all made a matter of public record, will be bomber, Universal Avionics will sell the Air along, both before and after my election aa made available to the proper committees Force on its new • • • by promising that the Chairman of this party, is that we ought of Congress. three crucial electronic elements Will op­ to preserve the options of everybody who erate continuously for at least 50 hours wants to run for President of the United I ask unanimous consent that the arti­ cle in question be printed at this point without a breakdown. In the rellablllty States or any other office, if they want. What measures used in the paper described here, I want to do ls build a party they will be in the RECORD. the plane Is said to meet 100 per cent of the proud to inherit, whoever gets the nomi­ There being no objection, the article performance standards, if, in fact, its gad­ nation. was ordered to be printed in the RECORD, getry did run 50 consecutive hours. However, Mr. HART. Senator Harris, as prime min­ if a key element breaks down every twelve ister of this shadow-type government, what as follows: WEAPONS SYSTEMS: A STORY OF FAILURE and a half hours, it gets a rating of 25 per major role do you foresee for yourself in the cent; every 25 hours, 50 per cent and so on. next, 1972 campaign? (By Bernard D. Nosslter) Should a system operate with a breakdown Senator HARRIS. Oh, in 1972 I plan to run (Charts and graphs referred to not printed in interval of 62.5 hours-a phenomenon that for reelection, right now, to the United States the RECORD.] happens rarely-its rellabll1ty is rated at 125 Senate, in Oklahoma. I don't want to bind The complex electronic gadgetry at the per cent. myself even ·to do that for sure, four years TEST FOR THE Pll.OT away. But I am not looking to run for-- heart of new warplanes and missiles gen­ Mr. HART. You are not binding yourself :tor erally works only a fraction of the time that Quite obviously, the more frequent the reelection in Oklahoma? its builders had promised. breakdown, the more the pilot of a plane Senator HARRis. No, because it is four years The performance of the multi-billion-dol­ has to rely on his wit and imaglna.tion to from now. Right now I would say yes, I lar weapons systems started in the 1950s was navigaite, find targets and fly a steady course. probably w111, but I am not looking to run bad; those of the 1960s are worse. Over-frequent breakdowns in a missile can for national office. The Pentagon appears to be giving the render it worthless as an instrument of de­ Mr. SCHOUMACHER. Does the law permit highest profits to the poorer performers in struction. you to run for both President and the Sen­ the aerospace industry. Curio11sly enough, as the paper demon­ ate in Oklahoma? These are the conclusions of an abstruse stratoo, the Pentagon and the aerospace in­ Senator HARRIS. I wouldn't think so. 41-page paper now circulating in Govern­ dustry apparently learned • • • the systems Mr. HART. Thank you very much, Senator ment and academic circles. The document, a of the 1960s are even worse. Harris, for being here to "Face the Nation." copy of which has been made available to The The document first looks at the perform­ ANNOUNCER. Today, on "Face the Nation," Washington Post, is believed to be the first ance record of the electronic systems in 12 Senator Fred Harris, of Oklahoma, the new systematic effort to measure how well or ill important programs begun in the 1950s. As Chairman of the Democratic National Com­ the Pentagon's expensive weapons perform. the accompanying chart shows, all but four mittee, was interviewed by CBS News Corre­ Its author ls a key Government official with missiles can be identified by nsme without spondent David Schoumacher, Da.Vid Broder, access to secret data and responsibility for ex­ breaching security. National Polltical Reporter of The Washing­ amining the costs of the Pentagon's complex Of the 12, only five perform up to standard tlon Post, and CBS News Correspondent John ventures. He and his agency cannot be iden­ or better; one breaks down 25 per cent more Hart. Next week, another prominent figure tified here. frequently than promised; four fail twice in the news w!ll Face the Nation. "Face the His paper, entitled "Improving the Acquisi­ as often and two break down four timoo as Nation" was recorded yesterday at CBS tion Process for High Risk Military Elec­ frequently as the specifications allow. Washington. tronics Systems," alms at bringing down the The document discusses some of the good costs and bettering the dismal performance and bad performers in this group. It ob­ of weapons. It does not discuss a question serves that the F-102, the Delta. wing inter­ ORDER OF BUSINESS that might occur to others: if these weapons ceptor for the Air Defense Command, was behave so badly, why is the money being bedevilled by an unsatisfactory fire control Mr. MANSFIELD. Mr. President, I sug­ spent at all? system. Its first had to be replaced; the next gest the absence of a quorum. For security reasons, many of the planes was also unsatisfactory, and an extension 1834 CONGRESSIONAL RECORD- SENATE January 27, 1969 two-year program to modify the device was dustry average. It has complied this happy then undertaken. edit.orial, on December 31, 1968, entitled earnings score, the study observes, despite "Where Good Will Really Counted." SIDEWINDER DID WELL the !act that none of the seven wee.pons In order that all Americans might read In contrast, the Sidewinder, a heat sensing systems it built !or the Pentagon "meas­ ured up to expectations." Its most notorious of the spirit of good will that prevailed missile, performed very well. The study a.t­ in the case of little Margie Elizabeth In­ tribute.s this to the fa.ct that the missile failure Is the F-111 swing-wing fighter­ was developed in a leisurely fashion, without bomber. gram, I ask unanimous consent that the a. "ere.sh" schedule, and that several con­ As a. final touch, the study notes that com­ editorial be printed at this point in the tractors were brought In to compete for key plex electronic systems typically cost 200 to RECORD. components. 300 per cent more than the Pentagon ex­ There being no objection, the editorial The pa.per next exa.m!nes eleven principal pects and generally are turned out two years later than promised. But both ot these phe­ was ordered to be printed in the RECORD, systems of the 1960s. These cannot be iden­ as follows: tified beyond a letter designation. nomena have been examined so frequently Thus, in the cha.rt, Al is the first version by specialists in the field that the paper does WHERE GOOD WILL REALLY COUNTED of a plane or missile; A2 is the second version, not dwell on them. The story of llttle five-year-old Margie possibly one for a sister service; A3 Is the BOW MUCH PROTECTION? Ellzabeth Ingram Is one to warm the cockles third version and so on. Bl Is the first version These findings raise some serious ques­ of the heart and make the old familiar words of an entirely different system; so a.re Cl, tions. Perhaps the most important ls how a.bout "goodwill toward men" more meaning­ Dl and El. much protection the United States ls getting ful. To make the best possible case tor the !or the tens of b1ll!ons of dollars invested Ma.rg!e was severely burned the Saturday Pentagon and its contractors, this survey in expensive weaponry. Another ls whether before Christmas and was Immediately does not include two systems costing $2 the whole process should be turned of! and placed In Park View Hospital. But with billion that performed so ba.dly they were improvements made in the existing devices. third-degree burns over 40 per cent of her killed off. The eleven systems of the 1960s Secretaries of Defense have repeatedly as­ body, she needed specialized treatment, the evaluated here account for more than half sured the Nation that present weaponry kind a.va.llable in the burns Institutes In of those begun In the most recent decade guarantees the destruction ot any Nation various cities. and their electronic hearts cost well in ex­ that attacks the United States. Shrinera of the Rocky Mount Shrine Club cess of $100 m!llion each. The document under study here, however, and Sudan Temple arranged a room for her Of the eleve:i systems, only two perform takes a. d!fierent line, one aimed at getting in the Cincinnati Shrlner's Burns Institute to standard. One breaks down 25 per cent less costly weapons that measure up to the and arranged transportation through the more rapidly than promised; two break down promised performance. helping hands of Rep. L . H. Fountain and twice as fast and six, four times a.s ta.st. It blames the dismal record on several the Surgeon General's office in Washington. As a group, the eleven average a break­ factors. One Is the relentless search tor newer An Air Force plane was made available at down more than twice a.s fast as the speci:fl­ and more complicated electronic "systems." Seymour Johnson Air Base in Goldsboro. ca.tions demand. Oddly enough, the :first ver­ The aerospace contractor has an obvious Weather prevented landing in Cincinnati sion of the system designated as "A" met the vested interest In promoting "breakthrough" so she was placed In the Shriner's Bums In­ stitute in Boston where she It getting the standard. But the same unidentl:fled contrac­ gadgetry. This Is the way he gets new, and tor produced three succeeding versions that clearly profitable business. best care available. fail on the a.vera.ge more than three times Officials a.t the Boston Institute say her a.s often a.s they should. All these succes­ CLOSE CORRELATION SHOWN cond!t!on Is good despite the widespread sors, the pa.per observes, were ordered on But the study asks, do the services need it? burns. Rocky Mount citizens wlll be Joined a. "pressure cooker" be.sis, on era.sh sched­ Since the Air Force and the Navy almost al­ by countless others across the country who ules. ways accept a. plane or a missile that per­ read the story on the national wire l!ervlces IDGBEST REWARDS forms at a fraction of its promised standard, in pulling for the child to make a. complete The paper also exa.m!nes the relationship It would appear from an exclusively military recovery. between contractors• profits and perform­ standpoint that a device of a much lower At the same time, we all heartily commend ance, and suggests that, contrary to what order of performance fits the Nation's de­ those who were actively Involved in arrang­ might be expected, some ot the most inef­ fense needs. ing such fine care for Margie-the Shriners, :flclent :firms doing business with the Pen­ The document also shows a close correla­ Rep. Fountain, the Surgeon Genera.l's office, tagon earn the highest rewards. tion between "era.sh" programs and poor per­ the Air Force, the countless unnamed citi­ The second chart looks a.t profits, after­ formance. Thus, it proposes more realistic zens here who pitched In when help was so tax returns as a percentage of investment, schedules. If a. weapon Is wanted In short desperately needed. In this, our season of the only va.lld be.sis for determining profit­ order, five years or less, the study recom­ "good will" it was given a special meaning ability, for the ten years from 1957 through mends that Its electronic gadgetry be l!mlted for Margie Ingram at a. time when she needed 1966. During the decade, the aerospace :firms to familiar Items. It most. managed to earn consistently more than If the Pentagon wants something that American industry as a. whole, pillng up nine makes a "technical breakthrough," it should dollars or (bill!ons of dollars) in profits tor allow a. minimum development period of five PRESIDENTIAL CONTROL OVER every eight garnered by companies not do­ to seven years, it Is pointed out. INDEPENDENT ADMINISTRATIVE ing business with the Pentagon. Another factor in poor performance, the AGENCIES Even more peculiar Is the brilliant earn­ study says, Is the absence of competition for ings record of two of the biggest contractors, new systems after the Initial designs are ac­ Mr. ERVIN. Mr. President, during the North American and General Dynamics. cepted. Typically, the Pentagon requires five past year, the Subcommittee on Separa­ Both, except for a. brief period when Gen­ or so aerospace :firms to bid on Its original tion of Powers has been studying various eral Dynamics tried its hand at some civil­ proposal. But typically, It selects one winner constitutional issues involving the in­ ian business, made pro:flts fe.r above the in­ on the basis of blueprint papers. The study dependent administrative and regulatory dustrial average and generally in excess of sa.ys that the Inilltary could save more money agencies. Our concern to date has been their colleagues in aerospace. and get a better product 11 It financed two primarily with the relations between the During the ten years, North American did competitors to build prototypes after the de­ all but two per cent of Its business with sign stage. Such a. technique was followed, it agencies and Congress. The subcommit­ the Government. The study reports that it recalls, with the F-4, a supersonic Navy In­ tee has examined the problem of agency produced one highly successful plane in the terceptor. Even though the F-4 employed adherence to legislative policy and the mld-50s, another system that met perform­ both a. new radar and a new computer, It various techniques by which Congress ance specifications, one that was canceled performed up to the proinised standard. can better insure that its legislative will and four that broke down four times a.s fre­ At first glance, such a. technique might is followed. As part of this inquiry, we quently a.s promised. Nevertheless, the com­ seem like throwing good money after dubious have also examined the extent to which pany's profits were 40 per cent above those dollars. But the study contends that If two the courts perform a policy oversight of the aerospace industry and 50 per cent aerospace competitors are forced to build above the average for all industries. and :fly prototypes before they win the big function. The relationships between the agencies NONE MEASURES UP prize-the contract to produce a. series of planes or Iniss!les---they wm be under a gen­ and Congress and the courts are, how­ General Dynamics had, as the chart shows, uine incentive to be efficient, hold costs down ever, only two-thirds of the picture. The a much more uneven profits record. But its and make things that work. yea.rs of disaster and even losses were those remaining aspect involves the relation­ when it ventured into the economically ship between the agencies and the Presi­ dent. Although we may popularly regard colder climate of the civilian world to pro­ GOOD WILL TOWARD MEN duce a. commercial Jet airliner. Having the administrative agencies as part of lea.med Its lesson, It retreated to the warmer Mr. ERVIN. Mr. President, during the the executive branch, they were not regions of defense procurement and, In re­ recent Christmas season, the Rocky created as arms of the executive depart­ cent years, has netted more than the In- Mount, N .C., Telegram, published an ments, nor are they intended to act as January 27, 1969 CONGRESSIONAL RECORD- SENATE 1835 such. The agencies are creatures of Con­ in a broad framework of congressional stand­ frequently experience calls for a reorganiza­ gress legislative power, particularly its ards and declarations of policy. An exam­ tion, If not an actual reorganization, during ple of such a delegation ls Section 5 of the which the theory of the Independence of the authority over interstate commerce. Federal Trade Commission Act, which pro­ regulatory agency ls debated with renewed They were created to perform a large vides t hat "unfair methods o! competition" vigor. It ls hoped that the !ollowlng com­ part of the regulatory function which are unlawful. In such situations there was ments will contribute some useful informa­ Congress, as a practical matter, could left to the Independent regulatory agent, as tion to this debate. not. Their regulatory functions and the an arm of Co;:igress--in this Instance the II. HISTORY AND THEORY OF INDEPENDENCE policies they administer are determined Federal Trade Commission-the delegated The legislative history of the Federal Trade by Congress, and it is to Congress that authority and power to fill In and Implement Commission Act, as well as that of any of they are ultimately responsible. the necessary legislative details to establish the other commissions, leaves little doubt of the precise meaning of the phrase " unfair The "independent" part of their de­ methods of competition." This was to be Congress' int.ent Insofar as It pertains to the scriptive title refers primarily to inde­ established by quasi-judicial action through Commission's Independence from control of pendence from the policy and partisan­ the process of judicial inclusion and exclu­ the executive. More speciflcally, Congress ex­ ship of the President and his adminis­ sion and by the quasl-leglslatlve process, In­ pressed the desire to create a commission tration. Congress sought to achieve con­ cluding rulemaking proceedings. The su­ which in the performance of Its functions preme Court has recognized the propriety of would be Independent from the executive tinuity in the functioning of the agen­ branch of the government. For Instance, cies regardless of changes in control of congressional delegation to an Independent regulatory agent serving as an arm of Con­ prior to the creation of the Commission, Its the executive branch. Such is the theory. gress. But It Is equally clear that it would powers of investigation resided with Its pred­ In practice, however, there are a variety not only be improper but unconstitutional ecessor-the Bureau of Corporations of the of methods by which the agencies are to attempt delegation to the same degree to Department of Commerce. This Investigatory kept more or less within the influence, if the executive or, for that matter, to the ju­ power was taken from a department under not the control, of the President and his diclary.1 the control of the executive and "given t o This is not to say, of course, that Congress this non-partisan body." • Expressions of administration. In a speech delivered congressional Intent on this point are sur­ January 16 before the Capitol Hill chap­ may not properly delegate some regulatory authority to the executive. But under con­ prisingly expllclt and artlculat.e. As a matter ter of the Federal Bar Association Com­ stitutional theories such delegation requires of fact, no other single topic concernlng the missioner Everette Macintyre of the Fed­ a great deal more speciflclty than ls required new commission received such extensive eral Trade Commission sketched some for "an arm of Congress." This distinction, comment. It was, perhaps, most succinctly of the devices by which, potentially or however, has been steadily eroded, be It by stat ed by Senator Newlands, Chairman of t he actually, the President can exercise in­ accident or design. Senat.e's Committ.ee on Int.erstate Commerce, fluence over the agencies, and to some in­ With the advent and growth of the rail­ who Introduced the original bill, when he roads after the Civil War and improved meth­ explained the need for Independence from definite extent make them conform to his the executive branch In the following way: policies and programs. ods of communication, commercial lnt.er­ course between the stat.es mushroomed and "The need has long been felt for an ad­ As Commissioner Macintyre related Congress could hardly be expect.ed to con­ Inlnistratlve board which would act In these these devices are in part the unintended cern itself with the day-to-day aspects of matt.era in aid of the enforcement of the byproducts of attempts to improve the regulating this commerce. Accordingly, Con­ Sherman antitrust law, which would have operations of the agencies. In other re­ gress delegated a goodly part of its authority precedents and traditions and a continuous spects, they are the result of a very un­ to different bodies as the need arose and de­ pollcy and would be free from the effect of pending upon the particular function In­ such changing Incumbency as has In the derstandable desire to reduce friction be­ nature of things charact.erlzed the admlnis­ tween the executive department and the volved. The independent regulatory agency was but one method used by Congress to tratlon of the Attorney General's office." agencies and eliminate conflict between achieve a particular end. This method of (Sen. Newlands, 51 Cong. Rec. 10,376.) • the economic policies of the President regulation was to be through the reach of an The desire for Impartial regulation not and the activities of the agencies. arm of Congress outside of the control of dictated by political considerations and the The subcommittee intends to explore the executive. With this approach Congress recognized, as well as demonstrated, need for further this aspect of the administrative chanced upon a method of regulation unique a continuous policy of regulation prompted and untried at that time but upon which it the care which Congress bestowed upon this agencies system, which Commissione1 particular part of the Act. And aside from Macintyre has so well described. I ask was to place Increasing rellance In the fulfill­ ment of Its constitutional mandat.e. speciflc congressional intent, the theory of unanimous consent that his speech Parenthetically, I should not.e that when­ Independence as It concerns the Federal "Regulator Independence: Factual o; ever regulatory Independence ls discussed it Trade Cornmlsslon has proven merit over Fanciful," be printed in the RECORD at should be understood that it refers to Inde­ and beyond that of other regulatory agen­ this point. pendence from the executive or executive de­ cies. For example, the Commission and the There being no objection, this speech partments. It does not refer to absolute Department of Justice's Antitrust Dlvlslon have concurrent jurisdiction over a variety was ordered to be printed in the RECORD, Independence; the agencies are arms of Con­ as follows: gress, are responsible to Congress and subject of practices. The benefits of such concurrent to the oversight of Congress. jurisdiction can be readily observed. The De­ REGULATORY INDEPENDENCE: FACTUAL OR Since the creation of the first federal lnde­ partment, as a general matt.er, has tradi­ FANCIFUL? pendent regulatory agency in 1897-the In­ tionally concerned Itself almost exclusively (Remarks by Everette Macintyre, Commis­ terstate Commerce Commission-and the last with hard-core and clear-cut cases. The Com­ sioner, Federal Trade Commission, before of the original seven• Independent regulatory Inlssion, on the other hand, has been more Capitol Hill Chapter, Federal Bar Associa­ agencles--the Clvll Aeronautics Board in willing to move Into the gray areas, as in­ t ion, Washington, D.C., January 1, 1969) 1938--there has been an almost endless deed was one at the purposes of its creation. stream of legislative and Judicial expression t.e., to fill the lnt.erstices of the Clayton Act. I. INTRODUCTION Thus, enforcement of Section 7 of the Clay­ Congress, in the exercise of Its preroga­ affecting every phase of these agencies' opera­ tions. The purpose of this paper is to review ton Act• in the area of conglomerate mergers tives pursuant to Article l, Section 8 of the by the Commission has been more Innovative Constitution, which empowers It "to regulate and analyze some of these legislative and judicial developments which relate to the and lmaglnatlve. Therein the Commission ls commerce with foreign nations, and among able to rely to a considerable extent on the the several states, and with the Indian concept of the "Independence" of these agencies, with particular reference to the economic expertise available to it. Slmliarly, tribes," by 1885 felt the necessity for the the brunt of enforcement activity under the regulation of commerce by some other meth­ Federal Trade Commlsslon. At the outset it Robinson-Patman Act has been borne by the od than had previously been the case. It should be noted that the Federal Trade Cornmlssion. There can be little doubt that faced up to this problem with the full real­ Commission differs from other Independent concurrent jurisdiction by an Independent ization that it would not be able to deal agencies with respect to the subject matter regulatory agency and a department of the with all the requisite details by way of direct of regulation; whereas other Independent executive has result.ed in more effective and legislation from one detail to another. It agencies have a particular Industry assigned successful law enforcement than exclusive also realized that under the doctrine of sep­ to them, the Federal Trade Commission ls jurisdiction by one governmental body could aration of powers It would not be proper to charged with regulating that vast array of have provided. delegate the function of filling In all legisla­ American business not otherwise the subject It should also be recalled that with the tive details to either the judiciary or the of special federal regulation. This gives addi­ passage of the Federal Trade Comrnlsslon executive branch of the government. It there­ tional meaning and importance to the theory Act and the Clayton Act Congress expressed fore determined upon a course of creating, of independence as appllcable to the Federal Its continuing concern with economic con­ as arms of the Congress, independent regula­ Trade Commission.• centration. At the same time, Congress Is, t ory agents to whom would be delegated Every time the administration changes we of course, continuously aware of govern­ a limit ed amount of legislating authority mental concentration. Certainly if the gen­ -namely, filling In of legislative detail with- Footnotes at end of article. eralization of concern with centralized pow- CXV--117-Part 2 1836 CONGRESSIONAL RECORD- SENATE January 27, 1969

er bas any validity at all it applies equally late jurisdiction o! the Supreme court. At Curiously enough, as is often the case, the to governmental as well as economic con­ the same tillie, the Act sought to reduce Act was passed under circumstances and !or centration. this jurisdict ion due to the backlog o! cases reasons considerably different from those in m . DEVELOPMENTS BEARING ON INDEPENDENCE before the Court.'• This was accomplished which It would be used. by the simple expedient of broadening the It wm be recalled that passage of the An analysis o! a number of congressional Court's jurisdiction to issue writs of certior­ Federal Reports Act was occasioned by the actions ultimat ely affecting regulatory in­ ari, i .e., increasing the Court's discret ion as proliferation of governmental questionnaires dependence shows that not infrequently to the cases it will hear." At the same time, and requests !or information and other forms there was only a very general congressional however, Congress (it is not clear whether which were the direct result of the activi­ intent, with no clear recognition of the ef ­ through inadvert ence or design) altered the ties of the Office of Price Administrat ion. The fect such legislative endeavors would have then-existing pm.ctlce whereunder the Fed­ nation was literally engulfed in a blizzard upon regulatory independence. For exam­ eral Trade Commission prepared Its own o! paperwork concerning rationing, output, ple, o! the plethora of statutes enacted sole­ requests for write of certiorari and argued prices, and any other conceivable type o! ly for housekeeping purposes, many of them its own cases before the Supreme court. At information, both private and public. subsequently proved to have considerable that time, by leave of the At torney General E.g., for the purpose of ensuring successful impact upon the subst antive work of an (who neither he.d the staff nor the inclina­ prosecution of the war, the OPA required agency. What Congress intended to be an tion to do otherwise), the two then-existing literally hundreds of thousands of question­ administrative statute, where it was deemed agencies--the ICC and the FTc--argued their naires be filled out by farmers and house­ necessary to give the chief executive cer­ own cases before the Supreme Court."' With keepers who needed a few gallons o! oil for tain authority in the interest o! economy, respect to the Interstate Commerce com­ lighting and other purposes around their efficiency and the orderly conduct o! gov­ mission, the practice was codified in 1913,18 homes. For this purpose, however, it proved ernment, developed into a means o! execu­ and rea.ffl.rmed by the Judges Act of 1925. At not only unnecessary but was much re­ tive control over substantive programs o! an the same time, how-ever, it was denied t.o sented by t he many citizens who were re­ agency unforeseen and inconsistent with the Federal Trade Commission by implica­ quired to wait their places in long lines at congressional intent. tion and now all independent agencies, with various post offices throughout the country 1. The Budget and Accounting Act of 1921 the exception of the Interstate commerce for a determination whether the question­ The first act passed by Congress which ad­ Commission, do not ask the Supreme court naires were properly filled out and their re­ versely affected the independence o! reg­ t.o grant a writ of certiorari directly but chan­ quests indeed necessary.10 ulatory agencies was the Budget and Ac­ nel their requests through the Attorney Gen­ The Act provides that requests for infor­ counting Act of 1921.1 The Act specified eral. mation originating with any governmental that henceforth the budgets and requests !or The importance o! this development can­ agency'° and directed to more than nine re­ appropriations of all governmental units, not be overstated and will be demonstrated spondents must receive clearance by the Bu­ with the exception of the legislative and ex­ in more det ail in a subsequent section. Suf­ reau o! the Budget. Requests for such clear­ ecut ive units, shall be submitted to the fice it t.o say at this point that conflicts as ance must be accompanied by a detailed ex­ Bureau o! the Budget, created by the Act.• to the type of case in which certiorari should planation o! the questionnaire, such as tech­ These budgets and requests !or appropria­ be sought are inevitable. Equally inevitable is nicalities of implementation, manner of tions would be included in the nation's the fact that any such conflict is resolved by selecting the respondents, whether the in­ budget the President submits to Congress and in favor of the Attorney General, since formation is to be collected by mail or per­ each year. he has the final word. The extent to which sonal interview, etc., etc. In addition, the Congressional debate indicates that pas­ an agency can find a responsive ear with the request must be justified in depth. This sage o! the Act reflected increasing concern Attorney General will largely depend upon would include a statement why the infor­ over governmental economy, occasioned by the extent to which its own views coincide mation is sought and how it wm be used; the !act that 1918 was the first year since with his. It goes without saying that fre­ why the particular number of respondents the end o! the Civil War in which the United quently they do not coincide, in which case and not less has been selected; how much States experienced a budgetary deficit. To the agency is denied the chance to seek time it will take a respondent to answer remedy this situation it would " . . . be Supreme Court review of what may be an the questionnaire, etc., etc. In ruling upon necessary to wipe out duplications in the important decision. In such cases the Attor­ such requests the Bureau of the Budget must Government service, to eliminate inefficiency ney General substitutes his judgment for also be satisfied that this is the only prac­ and to stop unnecessary work." • The mo­ that o! the agency, which seems to be dia­ tical method of getting the necessary in­ tives prompting passage of this Act can metrically opposed to what Congress had in formation and that it is not available hardly be questioned. The question which mind. Control over lit igation is the most im­ through some other governmental or more remains is whether Congress intended to port ant aspect o! Independence, which must readily accessible private source.21 effect regulatory independence to the de­ be considered severely handicapped if it is in The power o! review within the Bureau o! gree the Act subsequently would, and, 1! not, the hands of someone other than the agency. the Budget extends so !ar as to permit for­ bidding collection o! all or a part of the how this could have been avoided. 3. Central clearance of legfslattve proposals- In practice, the Act resulted in a degree 1n!onn.aition sought. In case of the tradition­ 1930 ally used questionnaire, for example, the o! control over substantive programs o! the Sometime during the mid-1930s the prac­ agency which were certainly not envisioned Bureau o! the Budget may withhold clear­ tice originated o! submitting legislative pro­ ance for Its issuance e.Itogether or it may by the Congress when it passed what it con­ posals to the Congress via the Bureau o! the sidered to be a statute dealing with adminis­ strike certain questions---a matter entirely Budget. This policy was originated by Frank­ within lts discretion. trative detail. An agency's proposed appro­ lin D. Roosevelt and has been continued to priations request is reviewed by the Bureau congress, 1n its haste to pass this blli, this day, although there does not appear to however, did not heed the warning of those o! the Budget, which !allows policies and be any statut.ory authority !or it. As a mat,­ priorities established by the President and questioning its extent, although this point ter o! fact, with respect t.o the Federal Trade 22 not necessarily by the Congress. To the ex­ was the subjeot of considerable debate. Commission, it appears to be directly con­ Speciftce.lly, some members of Congress felt tent they coincide, the congressional intent trary t.o the mandate contained in Section wlll be fulfilled; to the extent they differ, that while the b1ll was ostensibly aimed at 6(!) o! the Federal Trade commission Act-­ the elimination o! unnecessary and presum­ congressional intent wrn, of necessity, take that the Commission, together with annual ably duplica.te reports the way it was phrased a back seat. What was intended as a purely and special reports to Congress, shall sub­ housekeeping measure not in!requently has gave the Director o! the Bureau of the Budget mit recommendations for additional legis­ a good deal more control over th e collection become an instrument of control over policy. lation to Congress. In addition, when the of 1n!ormation than was necessar y under the Perhaps a better solution would have been Commission ls requested t.o report on specific circumstances and perhaps even in ten ded by to have budgets and requests for appropria­ legislative proposals, such reports must be Congress he.d it considered all the ramifica­ tions submitted to the Bureau o! the Budg­ cleared by the Bureau o! the Budget before tions of the bill."" As it turned out, the Act et !or review but at the same time permit being submitted t.o the appropriate congres­ permits the Bureau of the Budget to exer­ independent agencies to submit copies of sional committee. At the Bureau o! the cise a good deal o! control over the investiga­ such requests directly to the congress. This, Budget such reports and legislative recom­ tive !unctions o! the independent agencies. however, the Act expressly prohibits.10 Such mendations must receive clearance in terms With respect to the Federal Trade Commis­ a practice would at least enable Congress to o! substance, i.e., they are again reviewed in sion this represents a drastic departU!'e from obtain a greater knowledge of the agencies' light o! the President's policy objectives." the theory o! its creation. One of the com­ positions.u This practice clearly constitutes a significant mission's most important functions arises out 2. The Judges Act of 1925 departure from the theory o! independence of the mandate to Investigate and publtcize The next development affecting the inde­ insofar as it may deprive congress o! the business conditions harmful to the continued pendence o! regulatory agencies was the pas­ benefit o! the views of its agencies. good health o! the economy and to do so sage o! the Judges Act o! 1925.u The purpose independently and outside cf the control o! 4. The F ed eral Report s Act of 1942 the executive. Any cont rol over its ability to of this Act was to collect in one statute Passage of the Federal Reports Act o! the provisions of the law relating to appel- investigate or a substantive review of the 1942 18 accorded to the Bureau o! the Budget information it seeks will naturally e.dversely another important right of review and con­ affect the independence o! the Commission. Footnot es at end of article. trol over the activities o! regulatory agencies. There is no doubt that the purpose !or January 27, 1969 CONGRESSIONAL RECORD- SENATE 1837 which the Act was conceived-to cut costs to tlons Commission, and In those Instances District Courts." as In reaching !ts decision the government and to a.void unnecessary only because It was vigorously supported by to deny the Commission enforcement of !ts harassment of citizens and buslnesses-hBS the Industries regulated by these commis­ own subpoenas the majority considered not considerable merit. If, however, it becomes sions and their bars."' only the briefs and arguments o! the parties an instrument or control over some types of The Landis Report of 1960 ,. covered slm­ but also a brief ami cus curiae submitted by Investigations, specifically those or Inde­ llar ground and also voiced Its concern about the Department o! Justice at the Invitation pendent regulatory agencies-and this In efficiency In government. The recommended of the court. In that brief, the Department fact has occurred-It would appear that the cure for whatever bureaucratic blunders or took the position that Section 9 did not authority the Act vests in the Bureau of the loss of efficiency might have occurred was authorize the practice which the Commis­ Budget needs to be reexamined. again greater control by the executive. With sion has followed since its creation, and 5. The Hoover Commission and the Lan dis respect to the Federal Trade Commission the argued that the Department should conduct Report report st at es: and control proceedings to enforce Commis­ "Here, as In the case of the Interstate sion subpoenas. In 1947 the Hoover Commission.. was or­ Commerce Commission, the C!vll Aeronautics Unt!l the Department took that position ganized to study and make its report on, Board and the Securities Exchange Commis­ and the court agreed with It, It had been along with recommendations, government al sion, t he powers of the Chairman should be accepted practice that the Commission did, operations, with particular emphasis on effi­ Increased and the Commission's authority Indeed, have the authority to enforce !ts own ciency in the operation of government. One to delegate decision-making implemented by subpoenas, and this h as never been ques­ recommendation Included In the Hoover Presidential Action under the Reorganization tioned. Now, however, the Commission must Commission report,'"' which was adopted later Act ." 83 apply to the Attorney General for enforce­ and which was to have a far-reaching impact Quite reveallng Is the reason given !or the ment o! !ts subpoenas, notwithstanding the upon the Independence of regulatory agen­ necessity of these changes. As the report fact that Section 9 of the Act appears to be cies, concerned the position or chairmen for states, the Federal Trade Commission must, abu ndantly clear on this point. This ls evi­ these agencies. In the interest o! efficiency due to Its limited resources, exercise a great denced by the enforcement provision relat­ and to "enable the President to obtain a sym­ deal of discretion as to th e trade practices it ing to subpoenas and that relating to the pathetic hearing o! broader consideration of will Investigate and must concentrate on enforcement of orders. Subpoena enforce­ national policy which he feels the Commis­ specific areas. Thls, according to Landis, 'In­ ment may be sought by t he Commission sion should take Into account,",. the Hoover volves an issue of policy of which the Execu­ whereas !ts orders are enforced by appl!ca­ Commission recommended that the chairman tive sh ould not only be aware but which t!on to the Attorney General. In addition, o! an agency should be appointed by the should be keyed to whatever over-all program the theory of Independence and congressional President and should be given more ad­ Is then the Administration's prime concern. Intention amply demonstrate the necessity ministrative authority over his agency. It will The responsibility for concentration on a for this authority. One of the most Impor­ be recalled that up to that time, with the partlcUlar area shoUld be the responslblllty tant aspects o! the Commission's functions exception o! the Federal Communications of the Executive and not the Federal Trade and duties ts the ab!l!ty to investigate Commission, whose organic statute provides Commission." "' Under this theory, the Ex­ through the Issuance of subpoenas. I t has !or the appointment of Its chairman by the ecutive, alternatively, would be able not to repeatedly been recognized that It ls in this President, the agencies selected their chair­ concentrate on a particular area. Acceptance area that Congress Intended the Commis­ men from among their members. Generally of this theory would Inevitably lead to pre­ sion to have the greatest possible degree o! the chairman of an agency would be selected cisely the circumstances the establishment by the members of such an agency on an Independence from control by the executive. of the Independent agencies was supposed to In Humphrey's Executor,30 the Court stated annual basis and he constituted llttle more preclude--executive control over the regu­ that the Commission's "duties are performed than a primu.s inter pares. In addition, the latory scheme. By the same token, however, without executive leave and, in the con­ agencies themselves would decide how to the report, In a curiously candid comment, templation of the statute, must be free from handle intra-agency administrative detail. states that "[t]here has also been too much Under the reorganization of 1950, however, executive control." '° of the morale-shattering practice of per­ Guignon the chairman had the authority (1) to ap­ In the case, the court repeated a mitting executive Interference In the dispo­ previously made mistake;.,_ It confused those point and supervise personnel,"' (2) to dis­ tribute the workload among such personnel, sition o! causes and controversies delegated provisions o! the Federal Trade Commission to the agencies !or decision." as No doubt Act relating to mandamus, i .e., enforcement and (8) to determine the use and expendi­ there ls a direct relationship between the ex­ o! orders, and that relating to enforcement ture o! funds. The reason assigned to th1s drastic departure from previous practice was tent o! "morale-shattering executive Inter­ of subpoenas. In addition, this decision that It would relleve the commissioners from ference" and the degree to which, over the brings Into sharp focus the problems pre­ burdensome administrative chores such as years, we have veered from the original con­ sented by the !nab!l!ty of the Commission to ruling upon the salaries o! the char force and gressional Intent concerning regulatory In­ request the Supreme Court to grant writs of thereby free them to devote their energies to dependence. As a matter o! fact, such Inter­ certiorari. In G1J.i gnon, the Commission ls the substantive aspects o! the commission's ference ls Invited !or the ver y reasons as­ faced with a decls!on which ls against the work. signed to the need !or greater executive con­ Interest of the Commission but which Is sup­ The impact o! these plans, once they were trol. ported by the Department of Justice. In implemented, WBS profound."" Inasmuch as The recommendation with respect to the order to seek certiorari, however, the Com­ the chairman holds his post at the pleasure Federal Trade Commission contained In the mission had to obtain the support o! the o! the President, it becomes unllkely !or him report became the Reorganization Plan No. Attorney General, which In this case was not to pursue a pollcy alien or contrary to that 4 o! 1961.30 The plan substantially broad­ achieved. It ls certainly open to question o! the Chief Executive I! he Is to retain his ened the Chairman's authority, particularly whether this result was intended by Congress post. Since the chairman ls responsible !or with respect to the assignment o! workload when It establlshed Independent agencies. the selection o! personnel, the assignment o! among the Commission personnel as well V. CONCLUSION as among the individual Commissioners. The the workload and the use o! the agency's These are some of the outst anding devel­ funds, It ls difficult to see how an agency, importance o! this authority In the Chair­ man's office cannot be underestimated. opments which demonstrate that regulatory even 1! a majority o! !ts members wish to do Independence ls rapidly becoming more fanc!­ so, may pursue a course Independent from 6. Federal Trade Commtss!on v. Guignon !ul than !actual. Congressional Intent was the wishes and desires o! the then current The most far-reaching recent develop­ clear from the outset that the quasi-legisla­ administration. As a practical matter there ment affecting the Federal Trade Commis­ tive and quasi-judicial regulatory agencies would appear to be no conflict !! the pol!c!es sion's Independence ls the Eighth Circuit's were to be Independent and free from the o! the Executive are the same as those o! the 1967 decision In Federal Trade Commission Influence, direction or oversight o! the execu­ Congress; should those be d!fi'erent, however, v. Guignon.n In that case the court, In a It w!ll become readily apparent that Inde­ tive department. Moreover, the above noted pendence from executive control has been two-to-one decision, held that the Commis­ reasons !or this-the quasi-legislative serv· materially weakened. sion does not have the authority to Institute lee as an arm of the Congress and continuity Those members of Congress who had the court proceedings to enforce !ts subpoenas. In effectuation o! publlc pollcy as declared in opportunity to study the proposal recognized, The Commission had, of course, for 58 years, the broad outl!nes of the law-are as valid of course, that any gains In efficiency which instituted subpoena. enforcement proceed­ today as In 1897, more than 70 years ago. I might result would be at a sacr!fice In Inde­ ings under Section 9 o! the Federal Tra-de tend to belleve that many o! the congres­ pendence. As a result, Senator Edwin C. Comm!sslon Act, which states that ''In case sional actions undertaken In the Interest of Johnson from Colorado Introduced a resolu­ of disobedience to a subpoena the Commis­ orderly and efficient operation o! government, tion for disapproval 29 of the proposals on the sion may Invoke the aid o! any court o! the which subsequently adversely affected regu­ ground that they were contrary to the "long United States In requlr!ng the attendance latory Independence, were accident al rather establlshed congressional policy that regula­ and testimony of witnesses and the produc­ than a conscious and dellberate effort to l!m!t tory agencies must be Independent and di­ tion of documentary evidence." The court such regulatory Independence. Academic con­ rectly responsible to Congress." ao Interest­ stated the Issue to be "whether the Federal siderations aside, however, the fact remains ingly enough, the resolution carried only Trade Commission, acting under § 9 of the that when Congress assigned these regula­ with respect to the Interstate Commerce Federal Trade Commission Act . .. may, tory tasks to Independent agencies It did so Commission and the Federal Communlca- without the aid or consent of the Attorney because It expected Its mandate, as evidenced General of the United States, seek enforce­ by the organic acts, to be carried out by a Footnotes at end of article. ment of !ts own subpoenas In t he Federal vigorous and effective enforcement pollcy. 1838 CONGRESSIONAL RECORD- SENATE January 27, 1969 This policy was intended to be continuous 10 Budget and appropriations requests may "' Task Force on Regulatory Commissions, and irrespective of the changing political for­ only be transmitted to Congress upon the Appendix N, p . 32 (January 1949). (Prepared tunes dictating White House occupancy. To specific request of either house thereof. 31 for the Commission on Organization of the t he extent we have deviated from this intent U.S.C.A. 15. Executive Branch of the Government. the resulting d11fusion of control has taken " It ls interesting to note that after pas­ 27 With the exception of appointments to its inevitable toll in regulatory efficiency. sage of the Act some of the independent t he largest organizational units within an For example, this situation has undoubtedly agencies apparently took the position that agency, which would require approval of a had a deleterious impact on ant it rust en­ it did not apply to them. This, however, was majority of commissioners. forcement activities by the Federal Trade made clear in a 1939 amendment restating "" These plans were labeled In the following Commission as well as the activities of other appl!cabillty of the Act to include "any in­ manner: Reorganization Plan No. 8, FTC; agencies. To varying degrees, therefore, ero­ dependent regulatory commission or board." Reorganization Plan No. 9, FPC; Reorganiza­ sion of independence has at the same time 53 Stat. 565. See also "Government Orga­ tion Plan No. 10, SEC; and Reorganization undermined the agencies' effectiveness. It is nization," H. R ep. 2033, 75th Cong., 3d Sess., Plan No. 13, CAB. 5 U.S.C. 133-Z-15 (1964). ironic that the loss of efficiency should be, at p. 15 (1938). ,. Under the Reorganization Act of 1945 (69 least in part, the result of precisely those L2 43 Stat. 936. Stat. 613), the President was given the au­ statutes designed to foster the orderly and "' Henry Pringle, The Life and Time of Wil­ thority for a specific time period to submit efficient conduct of government. Perhaps, liam Howard Taft (New York 1939 (two reorganization plans to the Congress. To pre­ then, the publlc interest has and may con­ vols.)) , p . 992, et seq. vent such a plan from going Into effect, a tinue to suffer loss of efficiency instead of " 66 Cong. Rec. 2752. concurrent resolution was necessary by the capturing that illusive objective 11 there 15 The authority to argue cases in which two Houses, stating that the Congress does should be continuing erosion of effective con­ the United States is interested before the not favor the reorganization plan. This time gressional oversight instead of oversight by Supreme Court rests with the Attorney Gen­ perioct has since been perlOdica.lly extended others. eral. 28 U.S.C.A. 518 (1968). For example, the but permitted to expire as of 1968. 80 FOOTNOTES first Federal Trade Commission case to reach Hearings Before the Senate Committee the Supreme Court-F.T.C. v. Gratz, 253 U.S. on Expenditures In the Executive Depart­ 'A.L.A. Schechter Poultry Corp. v. U.S., 421 (1920)-was a.:-gued by the Commissioner 295 U.S. 495 (1935); Humphrey's Executor v. ments, 81st Cong., 2d Sess. (1950), S. Res. U.S., 295 U.S. 602 (1935) . whose term I am succeeding-Huston 253, 254, 255 and 256, pp. 13-17. • ICC-1887, Fl'C-1914, FPC-1920, SEC- Thompson. As a matter of fact, there was 11 It ls questionable whether It is desirable 1933, FCC-1934, NLRB-1935, CAB-1938. widespread belief at the time that the fact that a. regulated industry become the cham­ • For example, the argument advanced­ that a Commissioner argued the case ma.y pion and protector of the independence of have cost the Commission the decision. its regulatory agency. that executive control of an agency at the 1 same time protects it from unwanted control • Urgent Deficiencies Appropriations Act •• Report on Regulatory Agencies to the Of 1913, 38 Stat. 208. President-Elect, J ames M. Landis, December by the industry it regulates-is not particu­ 17 larly relevant with respect to the Federal "The Organization and Procedures of the 1960. Trade Commission. Federal Regulatory Commissions a.nd Agen­ 33 Jd, at 48. • 51 Cong. Rec. 8841. The opinion was also cies and Their Effect on Small Business," H. "Id. at 52. Rep. No. 2967, 84th Cong., 2d Sess., p. 91 M Jd. at 36. expressed that 11 the Bureau of Corporations (1956) . 18 could be converted into an independent com­ Reorganlzatlon Plans l (SEC), 2 (FCC), 18 56 Stat. 1078; 44 U.S.C.A. 421 (1968). and 5 (NLRB) were disapproved by the House mission, more complete knowledge about cor­ 10 porations engaged ln commerce could be Speaking a.bout OPA reports and ques­ of Representatives. 5 U.S.C. 133-Z-15 (1964). gathered. tionnaires, Congressman Patman stated: "F.T.C. v. Guignon, 261 F . Supp. 215 (E.D. "If the gentleman had heard the testimony Mo. 1967), af!'d, 390 F .2d 323 (8th Cir. 1968). • In the House of Representatives Mr. 11 Morgan expressed these views: that has been presented before the Commit­ 390 F .2d at 324. "And instead of giving additional power to tee on Small Business of the House, he would •• Humphrey's Executor v. United States, the Attorney General we should, as t he gen­ be very anxious t o have this blll passed with­ 295 U.S. 602 (1935). 40Jd. at tleman from Maryland [Mr. Covington) said out 1 hour's delay. The people are up in arms this afternoon, create a great, Independent, a.bout these useless reports and unnecessary "F.T.C. v. Claire Furnace Co., 274 U.S. 160 non-partisan commission, independent of the questionnaires. They are Irritated by them (1927). President, independent of Cabinet officers, re­ and they are Irritated at the Congress be­ cause the Congress will not do something Mr. MANSFIELD. Mr. President, I moved so far as possible from partisan poli­ suggest the absence of a quorum. tics, that would command the respect and about it." 88 Cong. Rec. 9121. confidence of all parties and of all the people '° Some of the supervisory agencies and the The VICE PRESIDENT. The clerk will of the Nation... . What I say ls not particu­ Bureau of Internal Revenue are exempted. call the roll. larly applicable to the present Attorney Gen­ See Bowman, "Results Achieved by the Fed­ The bill clerk proceeded to call the roll. eral or the administration in power. What­ eral Reports Act," 7 Bus. and Gov't Rev. 5 Mr. MANSFIELD. Mr. President, I ask ever we do in regulating business should be (U. of Missouri 1966). unanimous consent that the order for removed as far as possible from polit ical in­ 21 Bowman, supra note 20. 22 the quorum call be rescinded. fluence. 88 Cong. Rec. 9169-9166. The VICE PRESIDENT. Without ob­ "It will be far safer to place this power In "" The following Is an excerpt of one of the jection, it is so ordered. the hands of a great independent commis­ comments during the debate of the bill: sion that will go on while administrations "Mr. SMITH of Ohio. Mr. Speaker, reserving may change. That ls one reason why I be­ the r ight to object, there is a good deal more EXECUTIVE COMMUNICATIONS, lieve in having all these matters placed, so to t his bill than merely the elimination of far as they can be, in the hands of a com­ unnecessa ry reports. Under section 2 (d) it ETC. mission, t aking these business matters out of seems t o me you are vesting a lot of authority The VICE PRESIDENT laid before the polltlcs." (51 Cong. Rec. 8857). and power In the Director of the Budget. Senate the following letters, which were In an article entitled "Constitutionality of "Upon t he request of any party having a referred as indicated: Investigations by the Federal Trade Commis­ substantial int erest or upon his own motion, sion," 28 Column. L. Rev. 708, 728 n . 56 the Director Is authorized within his discre­ REPORT OF FEDERAL CROP INSURANCE ( 1928), Milton Handler pointed out t hat: tion to m ake a determination as to whether CORPORATION "The opposition to the Covington bill came or not t h e collection of any information by A letter from the Secretary of Agriculture, not from those who thought the bill went any Federal agency Is necessary for the proper transmitting, pursuant to law, a report of too far but that it did not go far enough.... performan ce of the functions of such agency the Federal Crop Insurance COl'!pOm.tlon, There was singular agreement as to the wis­ or a n y ot her proper purpose. dated 1968 (with an accompanying report); dom of establishing an independent, non­ "Certa inly a considerable amount of in­ to the Committee on Agriculture and partisan fact-finding body, and no attempt format ion being collected by various gov­ Forestry. was made to reduce the broad inquisitional ernmental agencies Is being so collected by REPORT OF RURAL ELECTRIFICATION powers discussed in the text ( of Handler's direction of the Congress In response to spe­ ADMINISTRATION article)." cific legisla tion. Are we to infer that the A letter from the Secretary of Agriculture, • See, for example, F.T.C. v. Pr octer & Gam­ Director of t he Budget Is to have final au­ transmitting, pursuant to law, a report cov­ ble, 386 U.S. 568 (1967); and General Foods thority and power to set aside any legislation ering the activities of the Rural Electrlftca• v. F.T.C., 386 F.2d 936 (3d Cir. 1967), cert. which t he Congress has passed directing the tlon Administration tor the fiscal year 1968 denied, - U.S. - (1968). collection of Information?" Cong. Rec. 9159. (with an a-0companying report); to the Com­ ' 42 Stat. 20; 31 U.S.C.A. 1. Passage of the " The Commission on Organization of the mittee on Agriculture and Forestry. Act failed the previous year, interestingly Executive Branch of the Government received enough, due to a dispute over the presiden­ Its name "Hoover Commission" because It REPORT OF 0VEROBLIGATION OJ' AN t ial removal power of the proposed Budget was chaired by ex-President Hoover. APPROPRIATION Bureau's director. 61 Cong. Rec. 980. "" Report on the Organization of t he Inde­ A letter from the Secretary of Defense, • 31 U.S.C.A. 16. pendent Regulatory Commissions, March 3, transmitting, pursuant to law, a.n overobl!­ • 61 Cong. Rec. 980. 1949. gatlon of an appropriation (with an accom- January 27, 1969 CONGRESSIONAL RECORD- SENATE 11839 panying report and papers); to the Commit­ the Federal Aviation Act of 1958 to make REPORT OF OFFICE O:i' COAL RESEARCH tee on Appropriations. certain air carriers ineligible for subsidy pay­ A letter from the Secretary of the Interior, REPORT OJ' 0FFZCE OF CIVIL DEFENSE ments (with accompanying papers); to the transmitting, pursuant to law, a report of the Committee on Commerce. Office of Coal Research, for the calendar year A letter from the Director of Civil Defense, REPORT ON THE USE OF U.S. OWNED FOREIGN 1968 (with an accompanying report) ; to the Office of the Secretary of the Army, Depart­ Committee on Interior and Insular Affairs. ment of the Army, transmitting, pursuant to CURRENCIES law, a report on the Federal Contributions A letter from the Chairman, the U.S. Ad­ ADMISSION INTO THE UNITED STATES OF Program Equipment and Facillties for the visory Commission on International Edu­ CERTAIN DEFECTOR ALIENS quarter ending December 31, 1968 (with an cational and Cultural Affairs, transmitting, A letter from the Commissioner, Immigra­ accompanying report); to the Committee on pursuant to law, a report on the use of U.S. tion and Naturalization Service, Department Armed Services. owned foreign cUITencies (with an accom­ of Justice, transmitting, pursuant to law, REPORT ON ARMY RESERVE OFFICERS' TRAINING panying report); to the Committee on For­ copies of orders entered granting admission CORPS FLIGHT INSTRUCTION PROGRAM eign Relations. into the United States of certain alien de­ REPORT OF THE U.S. ADVISORY COMMISSION ON tect ors (with accompanying papers); to the A letter from the Secretary of the Army, Committee on the Judiciary. transmitting, pursuant to law, a report on INTERNATIONAL EDUCATION AND CtrLTlJRAL the progress of the Army Reserve Officers' AFFAIRS PROPOSED COMMEMORATION OF THE 100TH AN­ Training Corps flight instruction program, A letter from the Chairman, the U.S. Ad­ NIVERSARY OF THE ESTABLISHMENT OF tor the calendar year ended December SI, visory Commission on International Educa­ YELLOWSTONE NATIONAL PARK 1968 (with an accompanying report); to the tional and Cultural Affairs, transmitting, A letter from the Assistant Secretary of Committee on Armed Services. pursuant to law, the sixth annual report of t he Interior, transmitting a draft of proposed REPORT OF PROPOSED ADDITIONAL FACILITIES the Advisory Commission, dated J anuary 21 , legislation authorizing the Secretary of the PROJECTS, ARMY NATIONAL GUARD 1969 (with an accompanying report) ; to the Interior to provide for the commemora tion of the lOOt h anniversary of the establishment A letter from the Deputy Assistant Secre­ Committee on Foreign Relations. REPORT ON DISPOSAL OF FOREIGN EXCESS of Yellowstone National Park, and for other t ary of Defense (Properties and Installa­ purposes (with an accompanying paper) ; to PROPERTY tions), transmitting, pursuant to law, a re­ t h e Comm!t t ee on the Judiciary. port on the location, nature, and estimated A letter from the General Manager, Atomic cost of i::ertain additional fac!Uties projects Energy Commission, reporting, pursuant to REPORT ON MEDICARE proposed to be undertaken for the Army Na­ law, on the disposal of foreign excess prop­ A letter from t he Secretary of Health, tional Guard (with an accompanying re­ erty, during the fiscal year 1968; to the Com­ Education, and Welfare, transmitting, pur­ port) ; to the Committee on Armed Services. mittee on Government Operat ions. suant to law, a report on medicare (with an REPORT OF DmECTOR OF SELECTIVE SERVICE accompanying report) ; to the Committee PROPOSED CONCESSION CONTRACT FOR THE on Finance. A letter from the Director, Selective Serv­ SOUTH RIM OF THE GRAND CANYON NA­ ice System, transmitting, pursuant to law, TIONAL PARK, ARIZ. REPORT OF RAILROAD RETIREMENT BOARD a report of the System for the period from A letter from the Acting Deputy Assistant A letter from the Chairman, Railroad Re­ January I, 1968 to June 30, 1968 (with an Secretary of the Interior, transmitting, pur­ tirement Board, transmitting, pursuant to accompanying report) ; to the Committee on suant to law, a copy of a proposed concession law, a report ot the Board for the calendar Armed Services. contract for the South Rim of the Grand year 1968 (with an accompanying report); REPORT ON DEPARTMENT OF DEFENSE PRO­ Canyon National Park, Ariz. (with accom­ to the Committee on Post Office and Civil CUREMENT FROM SMALL AND OTHER BUSI­ panying papers); to the Committee on In­ Service. NESS FmMs terior and Insular Affairs. PROPOSED BILL To MERGE FIRST-CLASS MAIL A letter from the Assistant Secretary of REPORT OF THE ALASKA POWER ADMINISTRATION AND AIRMAIL INTO A SINGLE CLASS OF MAIL Defense (Installations and Logistics) trans­ SERVICE mitting, pursuant to la w, a report on the A letter from the Assistant Secretary of the Interior, transmitting, pursuant to law, the A letter from the Postmaster General, Department's procurement from small or tra nsmitting a draft of proposed legislation other business firms, for the period July­ first annual report of the Alaska Power Ad­ to merge first-class mail and airmail into a October 1968 (with an accompanying re­ mlnlstration for fiscal year ending June SO, single class of mail service (with accompany­ port); to the Committee on Banking and 1968 (with an accompanying report); to the ing papers); to the Committee on Post Office Currency. Committee on Interior and Insular Affairs. and Civil Service. REPORT OF SECRETARY OF HOUSING AND URBAN ORDER CANCELING CERTAIN IRRIGATION CON- REPORT OF COST OF CLEAN WATER AND ITS DEVELOPMENT STRUCTION CHARGES ECONOMIC IMPACT A letter from the Secretary of Housing and A letter from the Assistant Secretary of the A letter from the Secret ary of the Interior, Urban Development, reporting, pursuant to Interior, transmitting, pursuant to law, an transmitting, pursuant to law, a report on law, on the progress of the Department in order canceling certain irrigation construc­ the cost of clean wa ter and its economic im­ developing a plan for an insurance program tion charges against non-Indian owned pact (with an accompanying report); to the to help homeowners in meeting mortgage lands within the Modoc Point unit of the committee on Public Works. Klamath Indian irrigation project, Oregon payments; to the Commit tee on Banking PROPOSED AMENDMENTS TO THE FEDERAL WATER and Currency. (with accompanying papers); to the Com­ mittee on Interior and Insular Affairs. POLLtrTION CONTROL ACT PROPOSED LEGISLATION PERTAINING TO IM­ A letter from the Assistant Secretary of PORTATION AND INTERSTATE SHIPMENT OF PROPOSED CANCELLATION OP CERTAIN IRRIGA- the Interior, transmitting a draft of pro­ CERTAIN SPECIES OF FISH OR WILDLIFE TION CHARGES posed legislation to amend the Federal Wa­ A letter from t.he Assistant Secretary of A letter from the Assistant Secretary of the ter Pollution Control Act, as amended, and the Interior, transmitting a draft of pro­ Interior, transmitting a draft of proposed for other purposes (with an accompanying posed legislation to prevent the importation legislation to approve an order of the Secre­ paper); to the Committee on Public Works. of endangered species of fish or wildlife into tary of the Interior canceling irrigation REPORT ON THE COST OF CARRYING OUT THK the United States; to prevent the interstate charges against non-Indian owned lands FEDERAL WATER POLLtrTION CONTROL ACT shipment of reptiles, amphibians, and other under the Modoc Point unit of the Klamath wildlife taken contrary to State law; and for Indian irrigration project, Oregon (with an A letter from the Secretary of the Interior, other purposes (with an accompanying accompanying paper); to the Committee on transmitting, pursuant to law, the second paper); to the Committee on Commerce. Interior and Insular Aft'airs. annual report on the cost of carrying out the Federal Water Pollution Control Act (with an PROPOSED EDUCATIONAL TELEvISION AND RADIO PROPOSED CONCESSION CONTRACT, NATIONAL accompanying report); to the Committee on AMENDMENTS OF 1969 CAPITAL REGION, NATIONAL PARK SERVICE Public Works. A letter from the Secretary of Health, Ed­ A letter from the Acting Deputy Assistant PROPOSED AMENDMENTS O:i' ATOMIC ENERGY ucation, and Welfare, transmitting a draft Secretary of the Interior, transmitting a pro­ ACT OF 1954 of proposed legislation to amend the Com­ posed amendment to a concession contract tor munications Act of 1984 by extending the the National Capital Region, National Park A letter from the Chairman, Atomic provisions thereof relating to grants for con­ Service (with an accompanying paper); to Energy Commission, transmitting a draft of struction of educational television or radio the Committee on Interior and Insular proposed legislation to amend the Atomic broadcasting facll1ties and provisions relat­ Affairs. Energy Act of 1954, as amended, to eliminate ing to support of the Corporation for Public the requirement for a finding of practical REPORT OF SECRETARY OF THE INTERIOR ON value and abolish the distinction between Broadcasting (with an accompanying pa­ ACCOMPLISHMENTS IN COOPERA'rtVE WATER per); to the Committee on Commerce. commercial licenses for fac1lities and certain RESOURCES RESEARCH AND TRAINING research and development licenses for fa­ PROPOSED LEGISLATION MAKING CERTAIN AIR A letter from the Secretary of the Interior, c111ties and for other purposes (with accom­ CARRIERS INELIGmLE FOR SUBSIDY PAYMENTS reporting, pursuant to law, on activities and panying papers); to the Joint Committee on A letter from the Chairman, Civil Aero­ accomplishments in cooperative water re­ Atomic Energy. nautics Board, transmitting a draft of pro­ sources research and training; to the Com­ An letter from the Chairman, Atomic En­ posed legislation to amend section 406(b) of mittee on Interior and Insular Affairs. ergy Commission, transmitting a draft of 1840 CONGRESSIONAL RECORD- SENATE January 27, 1969 proposed legislation to amend section 11 of By Mr. BYRD of West Virginia: (See the remarks of Mr. NELSON when he the Atomic Energy Act of 1954, e.s amended S. 642. A bill to make it a Federal offense, introduced the last above-mentioned bill, (with accompanying papers); to the Joint to assassinate, kidnap, or assault a Member which appear under separate heading.) Committee on Atomic Energy. of Congress or a Member-of-Congress-elect; By Mr. TYDINGS: and S. 662. A bill for the relief of Vas!lios Cy­ S. 643. A bill for the relief of Ruperto Evan­ priotis; REPORT OF A COMMITTEE gelista Perez; to the Committee on the Ju­ S. 663. A bUl for the relief of Bechu Ban­ diciary. erjea, his wife Pushpalata Banerjea, and The following report of a committee By Mr. PROXMmE (for himself and their children, Binapa.ni, Sukla, Jaya, and was submitted: Mr. MCGOVERN) : Tarak; By Mr. SPARKMAN, from the Committee S. 644. A bill to provide a special milk pro­ S. 664. A bill for the relief of Dr. Ataullah on Banking and Currency, without amend­ gram for ch!ldren; to the Committee on Ag­ Moshayedl; ment: riculture and Forestry. S. 665. A bUl for the relief of Safi.a Talibi S. Res. 57. Resolution authorizing the Se­ (See the remarks of Mr. PROXMIRE when he Naz; lect Committee on Small Business to make a introduced the above blll, which appear s. 666. A blll for the relief of Ioannls Kar­ complete study of the problems of small and under a separate heading.) aoulanis; independent businesses (Rept. No. 91-3); re­ By Mr.HART: S. 667. A blll for the relief of Dr. Glocrito ferred to the Committee on Rules and Ad­ S. 645. A blll for the relief of Man Jak G . Saglsi; and ministration. Cheung (Ting Ping Woo); and S. 668. A bill for the relief of Georgios J. S. 646. A bill for the relief of Joan Sara; Kornlas; to the Committee on the Judicia.rr. to the Committee on the Judiciary. By Mr. METCALF: BILLS AND JOINT RESOLUTIONS By Mr. CRANSTON: S. 669. A bUl to extend the provisions cf INTRODUCED S. 647. A bill for the relief of Severino certain laws relating to housing and urbalca Manni; and development to the Trust Territory of tb• Bills and joint resolutions were intro­ s. 648. A bill for the relief of Ernesto Alun­ Pacific Islands; to the Committee on Bani! - duced, read the first time and, by unani­ day; to the Committee on the Judiciary. Ing and Currency. mous consent, the second time, and By Mr. MONDALE: s . 670. A bill to amend the Act of Sep­ referred as follows: S. 649. A bill for the relief of Mrs. Marga­ tember 2, 1937, to provide for a program of rita Gutierrez De Cespedes; to the Committee Federal financial assistance to establish By Mr. HANSEN: on the Judiciary. hunter safety programs in the several State,~ S. 629. A bill to authorize the Secretary of By Mr. HRUSKA (for himself and Mr. and for other purposes; and the Interior to engage in a feasibillty in­ ERVIN): vestigation for the modification of Bufl'alo S. 671. A b!ll to prevent the Importation S. 650. A bill to amend section 3006A of title of endangered species of fish or wildlife into Blll Dam; to the Committee on Interior and 18, United States Code, relating to repre­ Insular .Atfairs. the United States; to prevent the interstate sentation of indigent defendants; to the shipment of rept!les, amphibians, and other (See the remarks of Mr. HANSEN when he Committee on the Judiciary. introduced the above blll, which appear wildlife taken contrary to State law; and for (See the remarks of Mr. HBusKA when he other purposes; to the Committee on Com­ under a separate heading.) introduced the above blll, which appear By Mr. TOWER: merce. under a separate heading.) By Mr. RANDOLPH: S. 630. A bill to provide for the appoint­ By Mr. SPARKMAN: ment of an advisory committee to recom­ S. 672. A bill !or the relief of Charles Rich­ S. 651. A blll to provide for the conveyance ard Scott; to the Committee on the Judi­ mend improvements in and simplification of of certain public land held under color of Federal tax return forms and procedures; to ciary. title to Mrs. Jessie L. Gaines of Mobile, Ala.; By Mr. BENNETT: the Committee on Pinance. to the Committee on Interior and Insular (See the remarks of Mr. Town when he S. 673. A bill for the relief of Concepcion Affairs. Quezada Mota; to the Committee on the Ju­ introduced the above bill, which appear By Mr. CURTIS (for himsel! and Mr. under a separate heading.) diciary. IIBUSKA): By Mr. WILLIAMS of New Jersey: By Mr. DOLE: S. 652. A bill for the relief of Filadelfo S. 631. A bill for the relief of Dr. Elsaid S. 674. A blll to amend section 13a of the Fracica; to the Committee on the Judiciary. Interstate Commerce Act, relating to the dis­ Abel Ghani Ashour; to the Committee on By Mrs. SMITH: the Judiciary. continuance or change of certain operations S. 653. A blll for the relief of Guvenc or services of common carriers by ran, in By Mr. PROUTY: Alpander; to the Committee on the Judiciary. S. 632. A bill for the relief of Raymond C. order to require the Interstate Commerce By Mr. CANNON: Commission to give full consideration to all Melvin; to the Committee on the Judiciary. S. 654. A bUl to enable the citizens of the (See the remarks of Mr. PaoUTY when he financial assistance ava!lable before permit­ United States who change their residences ting any such discontinuance or change; to introduced the above blll, which appear to vote in presidential elections, and for other under a separate heading.) the Committee on Commerce. purposes; to the Committee on Rules and 675. A blll to prohibit federally insured By Mr. MATHIAS: Administration. s. S. 633. A bill for the relief of Adriana banks from voting their own stock and to Bernardis; (See the remarks of Mr. CANNON when he provide for cumulative voting in federally Introduced the above bUl, which appear under insured banks; and S. 634. A bill for the relief of Rev. Dr. a separate heading.) Christopher Stephen Mann; S. 676. A bUl to amend the Urban Mass S. 635. A bill for the relief of Dr. Joel By Mr. RIBICOFF: Transportation Act of 1964 to authorize cer­ Malabrigo; S. 655. A bill for the relief of Raul das tain grants to assure adequate commuter S. 636. A bill for the relief of Dr. Fausto Q. Dares Roberto and Marla Inocencia de Sousa. service In urban areas, and for other pur­ Aquino, Jr.; Roberto; poses; to the Committee on Banking and S. 637. A blll for the relief of Dr. Angelita S. 656. A blll for the relief of Corazon Currency. A. Topacio; Halili Lomotan; and S. 677. A b!ll for the relief of Guiseppe S. 638. A 'blll for the relief of Minas S. 657. A blll for the relief of Gaetano Tamburro; Krithar1s; and D'Andrla; to the Committee on the Judi­ 8 . 678. A blll for the relief of Francisco S. 639. A blll for the relief of Dr. Istvan ciary. Renigio Fabre Solina (Frank R. S. Fabre); Kuhn; to the Committee on the Judiciary. S. 658. A bUl to amend section 815 of the S. 679. A blll for the relief of George Za­ By Mr. CASE: Internal Revenue Code with regard to cer­ harias; S. 640. A bill to establlsh the Sandy Hook tain distributions of the stock of wholly S. 680. A blll for the relief of Christodoulos National Seashore in the State of New owned corporations; to the Committee on Anagnostou; Finance. Jersey; to the Committee on Interior and S . 681. A blll for the relief of Silvestro Insular Affairs. By Mr. NELSON: D'Urso; (See the remarks of Mr. CASE when he in­ S. 659. A bUl for the relief of Sul King Yu, Yuk Shui Chan, Man Wa Yeung, Sul Kwong S. 682. A blll for the relief of Rene E. Mon­ troduced the above blll, which appear under tero; a separate heading.) Wong, Kam Woon Leung, Chun Plu Yung, S. 683. A bUl for the relief of Diamantino By Mr. ERVIN: Ping Ying Chol, Lun Sang Wong, Muk Kan S. 641. A bill to amend the Consolidated Yip, Wal Yung Lau, Ngan Lung, Chau, King Ferreira Pereira; Farmers Home Adminlstratlon Act of 1961 Hung Chu, Shu Yau Chan, Chuen Chan, Mau S. 684. A blll for the relief of Hon Chun in order to permit borrowers obtaining loans Hing Chan, Au Ming, Ng Man Hung and Eng; under such act to employ attorneys of their Leung Ah Fong; and s. 685. A bill for the relief of Tino Catta­ own choice to perform necessary legal serv­ S. 660. A bill for the relief of Fu Ken biani, Caterina Cattabiani (nee Papurello), ices in connection with such loans; to the Hung; to the Committee on the Judiciary. and Pier Maria Cattablani; Committee on Agriculture and Forestry. S. 661. A blll to provide an improved and S. 686. A bUl for the relief of Juan An­ (See the remarks of Mr. ERVIN when he enforceable procedure for the notification of tonio Lopez; introduced the above bill, which appear un­ defects in tires; to the Committee on Com­ S. 687. A bill for the relief of Antonino der a separate heading.) merce. Garoffolo; January 27, 1969 CONGRESSIONAL RECORD-SENATE 1841 S. 688. A blll tor the relief of Carmela La· danger. No additional conservation of correcting this ever-increasing burden, Galla; storage would result under either of I introduce today a measure which would S. 689. A bill for the relief of Michele Lom­ these plans. provide for the establishment of a com­ bardi; The final alternative contemplates en­ mission to recommend improvements in S. 690. A bill tor the relief of Chong Pll and simplification of Federal tax return Lee; larging the spillway tunnel in combina­ s. 691. A bill tor the relief of Virgilio Cl­ tion with raising the dam. This proposal forms and procedures. This Commission bellls, Gelslmlna Clbellls, and Mauro Clbellls; would provide additional surcharge in would be appointed by the Secretary of S. 692. A bill tor the rellef of Kostas Par­ the reservoir, together with additional the Treasury and would act in an ad­ lapanldes; conservation storage for a multiplicity of visory capacity only; however, I think S. 693. A bill for the rellef ot Antonio and uses. that it is imperative that we begin as Rosa Malatesta; and In addition to alleviating flood dangers, quickly as possible to correct the glaring S. 694. A bill for the relief ot Hon Yiu problems of this procedure that affect in Fong; to the Committee on the Judiciary. this third proposal, by increasing the (See the remarks ot Mr. WILLIAMS ot New conservation capacity of Buffalo Bill some way or another almost every Amer­ Jersey when he Introduced the first two Reservoir, would provide additional water ican. above bllls, which appear under separate for irrigation, power production, and The Commission itself shall consist of headings.) municipal and industrial supply, as well nine members well versed in the prob­ By Mr. BYRD of West Virginia: as enhancing the downstream fishery, lems involved: there shall be tax lawyers S.J. Res. 30. Joint resolution to amend the providing opportunity for increased rec­ and accountants who know how the Constitution to provide tor the direct elec­ reation potential, and making possible forms and procedures work; it shall also tion of the President and the Vice President have a representative taxpayer who can of the United States; to the Committee on some control of water quality for down­ the Judiciary. stream water users. present views on the difficulties confront­ By Mrs. SMITH: The multiple-use development which ing them ; and also there shall be repre­ S.J. Res. 31. Joint resolution proposing an would be made possible by increasing the sentatives of the Government who know amendment to the Constitution ot the United conservation capacity of the dam would its needs. The duties of the Commission States providing tor nomination ot can­ add greatly to the economic development shall be to recommend simplification of didates for President and Vice President, of Wyoming. The State would have a the current forms used by the IRS. and for election of such candidates by pop­ greater number of options for the use of We have form 1040A at the current ular vote; to the Committee on the Judiciary. time, which shows what can be done if By Mr. CANNON: Big Horn River system waters. The S.J. Res. 32. Joint resolution proposing an Wyoming Natural Resource Board, the proper climate is created by form amendment to the Constitution ot the anticipating the possible future need for simplification. United States extending the right to vote water in this area, has expressed interest In closing, Mr. President, this Com­ to citizens 18 years of age or older; and in 50,000 to 100,000 acre-feet of storage mission can be a service to us all, for we S.J . Res. 33. Joint resolution proposing an water from the enlarged Buffalo Bill all must pay taxes. I do not expect any amendment to the Constitution of the Reservoir for municipal and industrial overnight miracles, but if the Commis­ United States providing for the election of supply. sion is able to reduce our burden in this the President and the Vice President of the matter, it shall have performed splen­ United States; to the Committee on the A comparison of the benefits and costs Judiciary. shows that there is economic justifica­ didly. (See the remarks of Mr. CANNON when he tion for each proposed plan with selected The VICE PRESIDENT. The bill will Introduced the above joint resolutions, which functions. be received and appropriately referred. appear under separate headings.) Because of the need to correct the un­ The bill CS. 630) to provide for the safe spillway conditions of Buffalo Bill appointment of an advisory committee Dam, it is urgent that a detailed study be to recommend improvements in and S. 629-INTRODUCTION OF Bll,L RE­ simplification of Federal tax return LATING TO THE MODIFICATION made and a plan be selected as soon as possible. forms and procedures, introduced by Mr. OF THE BUFFALO Bn.L DAM I urge the Senate to act quickly on TOWER, was received, read twice by its Mr. HANSEN. Mr. President, I intro­ this measure authorizing a feasibility in­ title, and referred to the Committee on duce, for appropriate reference, a blll to vestigation for the modification of Buf­ Finance. authorize the Secretary of the Interior to falo Bill Dam. engage in a feasibility investigation for The VICE PRESIDENT. The bill will S. 632-INTRODUCTION OF Bll,L FOR the modification of the Buffalo Blll Dam. be received and appropriately referred. THE RELIEF OF RAYMOND C. In a recently released reconnaissance The bill CS. 629) to authorize the Sec­ MELVIN study, the Bureau of Reclamation found retary of the Interior to engage in a Mr. PROUTY. Mr. President, I intro­ that Buffalo Bill Dam is incapable of feasibility investigation for the modifica­ containing or passing safely the prob­ duce, for appropriate reference, a bill for tion of Buffalo Bill Dam, introduced by the relief of a young constituent of mine, able flood that might enter the reservoir Mr. HANSEN, was received, read twice by without overtopping the dam and dam­ Raymond C. Melvin. its title, and referred to the Committee The VICE PRESIDENT. The bill will aging the structure. This information is on Interior and Insular Affairs. the result of a study utilizing the latest be received and appropriately referred. meteorologic and hydrologic data and The bill CS. 632) for the relief of Ray­ reevaluating the spillway capacities of mond C. Melvin, introduced by Mr. S. 630-INTRODUCTION OF Bn.L PROUTY, was received, read twice by its older dams. RELATING TO THE SIMPLIFICA­ The Buffalo Bill Dam is located on the title, and referred to the Committee on TION AND IMPROVEMENT OF the Judiciary. Shoshone River about 5 miles west of the THE METHOD OF COLLECTING city of Cody, Wyo., and is one of the first THE FEDERAL INCOME TAX dams built under the Reclamation Act S. 640-INTRODUCTION OF Bn.L TO of 1902. The fact that a dam incapable Mr. TOWER. Mr. President, the time ESTABLISH THE SANDY HOOK of handling a probable flood is located a of year is with us again for filing our in­ NATIONAL SEASHORE, N.J. short distance upstream of the city of come tax return forms. It has become Cody is cause for concern. more apparent to me than ever before Mr. CASE. Mr. President, I introduce, Three alternatives have been offered the burden that the American taxpayer for appropriate reference, a blll to create to solve this problem. The first plan is to is under in trying to flll out this form the Sandy Hook National Seashore rec­ enlarge the spillway to allow the safe to the satisfaction of the Internal Reve­ reation area. passage of a probable flood that might nue Service. Often errors are made in Sandy Hook, a peninsula bounded by enter the reservoir. The second plan this process by people, who are not try­ the Atlantic Ocean on one side and would raise the dam without enlarging ing to mislead the ms, but who honestly Sandy Hook Bay on the other, consists the spillway. This plan would enable the do not know how to flll out the form of 1,634 acres. From 1846 until approxi­ dam to contain a probable flood; how­ properly due to its complexity. I certain­ mately 7 years ago the entire complex ever, this proposal would cause condi­ ly know how these people feel; not be­ was a military reservation known as Fort tions which might be detrimental to the ing an accountant myself, I find it ex­ Hancock. However, in early 1962 it was spillway tunnel to the extent that the tremely difficult. determined that the entire acreage was left abutment of the dam would be in In order that we may have some hope no longer needed for military purposes 1842 CONGRESSIONAL RECORD- SENATE January 27, 1969 and the Department of the Army leased The present State park is one of the opinion any act which deprives individ­ 745 acres to the State of New Jersey for most popular recreation areas along the uals of the right to select their own a recreation area. This became known as New Jersey coast-providing swimming, counsel, as this act does, is certainly in­ the Sandy Hook State Park. nature walks, sunbathing, and some of compatible with the theory that we have I was, of course, happy to support and the best fishing around. It is so popular a free country. No government agency work for the establishment of this State that on many weekends during the sum­ should direct an individual as to what park, mer months the gates to the park must lawyer he can or must retain to perform In January 1967, the Department of be closed as early as 10:30 in the morn­ services for him. Defense announced that It would turn ing, depriving thousands of would-be I ask that the bill be appropriately re­ approximately 1,200 acres of land at visitors of its use. ferred, and I ask unanimous consent that Sandy Hook, Including 745 acres that As the report, "Sandy Hook, A Study a copy of the bill be printed at this point comprise the present State park, over of Alternatives," prepared by the Na­ in the RECORD. to the General Services Adminsitration tional Park Service and the Bureau of The VICE PRESIDENT. The bill will for disposal. A recent check with the De­ Outdoor Recreation, points out: be received and appropriately referred; partment indicates that it anticipates re­ Sandy Hook's recreation resources are .•• and, without objection, the bill will be porting the approximately 1,200 acres as outstanding and should be preserved. Its 6 printed at this point in the RECORD. surplus no later than August of this year. miles o:! uninterrupted Atlantic oceanfront The bill CS. 641) to amend the Con­ Enactment of my bill will author­ and wide sand beaches provide a maximum solidated Farmers Home Administration opportunity !or developing mass water-ori­ Act of 1961 in order to permit borrow­ ize the Department of the Interior to ented recreation. These beaches, imagina­ take possession of this acreage, operate tively planned, will provide varied and vitally ers obtaining loans under such act to and maintain it for recreational pur­ needed water-oriented recreation !or the employ attorneys of their own choice to poses, and place in New Jersey its first massive urban population in the western hal:! perform necessary legal services in con­ national seashore recreation area. o:! the region. Even though swimming and nection with such loans, introduced by The New York metropolitan region will sunbathing will dominate their use, they will Mr. ERVIN, was received, read twice by be completely urbanized within 30 to 40 also be Ideal for hiking, beachcomblng, and its title, referred to the Committee on years. Even now, open space and recrea­ some of the best sur:! fishing in the State. Agriculture and Forestry, and ordered to Inland from the beaches a series o:! rela­ be printed in the RECORD, as follows: tion facilities fall far short of the needs tively unaltered dunes, interspersed with of the region's population. The little open fresh and salt water marshes, plus 7'12 miles s. 641 space that is left is truly a "precious o:! bay shoreline will provide the opportunity Be tt enacted by the Senate and House of little." !or supporting activities, such as hiking and Representatives of the United States of The New York Metropolitan Regional nature study. Prtmar1ly the value o:! the America in Congress assembled, That section natural resource is educational, in that the 336 of the Consolidated Farmers Home Ad­ Council and the Regional Plan Associa­ student or visitor is afforded a favorable field ministration Act of 1961 (7 U.S.C. 1986) is tion assessed the need for open space in a for the study of plant succession. amended (1) by inserting "(a)" immediately recent report, "The Race for Open before "No officer" in the first sentence Space," the fourth and final report of Since I introduced this bill in the 89th thereof; and (2) by adding a new subsection their park, recreation, and open space Congress, I am glad to report that the as follows: project. This report recommended that Advisory Board on National Parks, His­ "(b) Any person making application !or the present 189,000 acres of public parks toric Sites, Buildings, and Monuments a loan under this Act may employ any at­ at its 59th meeting endorsed the proposal torney o:! his choice to provide him with in the metropolitan region be expanded the legal services necessary in obtaining such to 736,000 and that the total open space to establish the Sandy Hook National loan 1:! such attorney Is a member In good be expanded from 600 square miles to Seashore as a unit of the national park standing o:! the bar of the highest court o:! 1,700 square miles. The report also sug­ system. the State in which the loan applicant re­ gested criteria for choosing lands to be And on January 15 of this year then sides. In any case Involving the purchase of acquired, pointing out that swimming Secretary of the Interior, Stewart L. land the loan applicant may employ any and beach use rank first 1n public Udall, stated that he endorses enactment title Insurance company of his choice to preference in recreation; picnicking is of legislation to establish a national sea­ provide him with necessary legal services 1:! shore at Sandy Hook. such title company is licensed to perform second, and walking and nature study such services in the State In which the land third. It is my strong hope that the Senate to be purchased is located." Ocean frontage within the metropoli­ Interior and Insular Affairs Committee SEC. 2. The amendment made by the first tan region totals 150 miles, of which 71 will hold prompt hearings on my bill so section of this Act shall be e!fectlve in the miles are suitable for mass recreation that the full Senate will have an early case of all persons who make application and conservation. Most of this frontage opportunity to pass the legislation. for loans under the Consolidated Farmers The use of Sandy Hook for any pur­ Home Administraitlon Act of 1961 on or after lies in New York State, and is not easily the date of enactment of this Act. available to the people of northern New pose other than a recreation area would Jersey. The western part of the region's be unconscionable, for it is a national suitable ocean frontage lies mainly in heritage and should remain in public S. 644-INTRODUCTION OF BILL RE­ Monmouth County, N.J. Of the county's possession. LATING TO EXTENSION OF SPE­ 27 .2 miles of recreation frontage, 8.8 The VICE PRESIDENT. The bill will CIAL MILK PROGRAM FOR CHIL­ miles are held privately and 6.7 miles are be received and appropriately referred. DREN held by the military. The remaining 11.7 The bill CS. 640) to establish the Sandy Hook National Seashore in the State of Mr. PROXMIRE. Mr. President, I in­ miles are publicly owned and, for the troduce, on behalf of myself, the Senator most part, are either already fully used or New Jersey, introduced by Mr. CASE, was received, read twice by its title, and re­ from South Dakota (Mr. McGOVERN), are unusable because of pollution. and the Senator from Wisconsin (Mr. Thus, Sandy Hook is the sole prac­ ferred to the Committee on Interior and Insular Affairs. NELSON), a bill to extend and expand the ticable potential public recreation area special milk program for schoolchildren. left to serve the people of urban north The bill increases the amount provided Jersey. In addition, its colorful history for in the Child Nutrition Act of 1966 and interesting geological and natural S. 641-INTRODUCTION OF BILL TO AMEND THE CONSOLIDATED from $120 million for fiscal 1970 to $125 features give it potential for a varied rec­ million for that year. The proposal also reational experience not found elsewhere FARMERS HOME ADMINISTRA­ TION ACT OF 1961 makes the program a permanent one, in the region west of the Hudson. thus extending it beyond the present Unlike the establishment of the Cape Mr. ERVIN. Mr. President, I introduce, June 1970 expiration date. The bill will Cod National Sea.shore, Mass., as part for appropriate reference, a bill to amend increase authorized funding to $130 mil­ of the national park system, inclusion the Consolidated Farmers Home Admin­ lion in fiscal 1971 and $135 million in fis­ of Sandy Hook in the national park sys­ istration Act of 1961 in order to permit cal 1972 and thereafter. And finally the tem will not require appropriation of mil­ borrowers obtaining loans under such act legislation makes it crystal clear that the lions of dollars to acquire privately to employ attorneys of their own choice program is to be administered in the owned lands. The land at Sandy Hook is to perform any necessary legal services same manner as it is currently being already owned by the Federal Govern­ 1n connection with such loans. handled. ment. I should like to observe that in my This last point is particularly signif- January 27, 1969 CONGRESSIONAL RECORD- SENATE 11843 icant in view of the proposal made in the program for schoolchildren be printed countries all over the world represent­ President's budget to eliminate the in the RECORD. ing American industry, educational insti­ school milk program by melting it into The VICE PRESIDENT. The bill will tutions, and other social institutions. the child nutrition and special food as­ be received and appropriately referred; The Bureau of the Census has estimated sistance programs. Although the budget and, without objection, the bill will be that up to 20 or 25 percent of the citi­ indicates that increased milk consump­ printed in the RECORD, in accordance zens of this country are in a state of tion in these two programs will substan­ with the request of the Senator from transition. During the presidential elec­ tially offset the decline resulting from Wisconsin. tion year of 1964 witnesses stated that as the elimination of the special milk pro­ The bill (S. 644) to provide a special many as 8 million citizens were denied gram to my mind no convincing evidence milk program for children, introduced the privilege of voting either because exists that this is, indeed, a sound judg­ by Mr. PROXMIRE (for himself and Mr. they moved int.o a new State t.oo late to ment. McGOVERN), was received, read twice by comply with the residency qualifications Since the Agricultural Act of 1954 pro­ its title, referred to the Committee on or because they were unable t.o register vided for the use of Commodity Credit Agriculture and Forestry, and ordered to by absentee procedures. Corporation funds to increase the con­ be printed in the RECORD, as follows: Several Statei:; have under the Consti­ sumption of fluid milk by schoolchildren S.644 tution the right to establish qualifications the school milk program has been one of Be it enacted by the Senate and House o/ of voters, including residence require­ the most successful efforts the Federal Representatives of the United States of ments and procedures for absentee vot­ Government has ever made to improve America in Congress assembled, That section ing. It is quite understandable that the the nutrition of our sons and daughters. 3 of the Child Nutrition Act of 1966 is States would claim certain reservations Periodic attempts to reduce or eliminate amended to read as follows: concerning the right of any citizens to the program, the most recent being a "SEC. 3. There ls hereby authorized to be vote in local elections on the ground that 1966 attempt to slash the program by 80 appropriated for the flscal year ending June new citizens would have insufflicent percent, have failed ignominiously. 30, 1970, not to exceed $125,000,000; for the fiscal year ending June 30, 1971, not to exceed knowledge of local issues and local can­ The program has been successful for $130,000,000; and tor each succeeding fiscal didates to draw meaningful conclusions_ two reasons. First and foremost it has year, not to exceed $135,000,000, to enable However, mass media communication, supplied billions of half pints of milk­ the Secretary of Agriculture, under such especially TV, carry to all comers of the nature's perfect food---each year over rules and regulations as he may deem in the earth complete information concerning and above the milk sold as part of the public interest, to encourage consumption of the national issues, the candidates fo·r type A lunch under the school lunch fluid milk by children in the United States President and Vice President, and the program. Thus it has provided an in­ in (1) nonprofit schools of high school grade problems facing the Nation at home and valuable supplement to the noonday meal and under, and (2) nonprofit nursery schools, child-care centers, settlement houses, sum­ abroad. No matter where in the world a provided by the school lunch program. mer camps, and slmllar nonprofit institutions citizen may temporarily be residing, he The midmorning "milk break" filled devoted to the care and training of children. has at least been well informed on the many empty stomachs long before the For the purposes of this section 'United programs and policies of each candidate school breakfast program was conceived. States• means the fl.tty States and the District seeking the office of President. He ought Second, it has put Federal funds t.o ot Columbia. The Secretary shall administer not to be denied the voting franchise work t.o feed the young as an alternative the special milk program provided tor by because of some antiquated residence re­ to the use of tax dollars to buy up sur­ this section to the maximum extent prac­ quirement or absentee voting require­ plus milk for storage in powdered form. ticable in the same manner as he admin­ istered the special milk program provided for ment. ·For the school milk program has taken by Public Law 89-642, as amended, during The committee again this year will substantial portions of fluid milk off the the fiscal year ending June 30, 1969." hold hearings, and it is hoped that those market that the Federal Government hearings will produce sufficient interest otherwise would have had t.o buy and t.o demonstrate the need for the adoption store under our price support program. S. 654-INTRODUCTION OF BILL EN­ of this bill so as t.o extend to all Ameri­ Consumption under the program has TITLED "THE RESIDENCY VOTING can citizens the right to vote at least for typically represented approximately 2~ ACT OF 1969" President and Vice President beginning percent of fluid milk consumption in the in 1972. United States. Mr. CANNON. Mr. President, I intro­ The VICE PRESIDENT. The bill will To submerge this success st.ory of a duce, for appropriate reference, a bill be received and appropriately referred. program by making it a subsidiary of the entitled "The Residency Voting Act of The bill (S. 654) t.o enable the citizens school lunch and other special programs 1969." of the United States who change their would be to make it an unwanted step­ I :first introduced this bill as S. 1881 residences to vote in presidential elec­ child. Certainly it would be far far eas­ on May 25, 1967. Hearings were held by tions, and for other purposes, introduced ier t.o sharply slash school milk expend­ the Subcommittee on Privileges and Elec­ by Mr. CANNON, was received, read twice itures that were an unidentified part tions, at which time the Honorable Fred by its title, and referred to the Commit­ of a general nutrition effort than it Vinson, Assistant Attorney General, rep­ tee on Rules and Administration. would be t.o make deep cuts in the exist­ resentatives of American citizens resid­ ing school milk program. Furthermore ing abroad, and various committees seek­ I am convinced that the young of our ing improvements in the residence S. 661-INTRODUCTION OF BILL TO· Nation, especially those with serious nu­ requirements for voting, testified or sub­ RECALL DEFECTIVE TIRES tritional deficiencies, need more, not less, mitted statements in support of the bill. fluid milk. In essence, the bill provides that no Mr. NELSON. Mr. President, I intro­ Finally, Mr. President, I must add citizen of the United States who is other­ duce, for appropriate reference, a bill t;o. that it is a special source of joy t.o me to wise quallfled t.o vote in any election direct the Secretary of Transportation have my colleague from South Dakota, shall be denied the right t.o vote for the t.o develop a procedure for the recall of Senator McGovERN, as a sponsor of this Offices of President and Vice President defectively manufactured tires. bill. We are all familiar with the marvel­ if he establishes residence in a new State The bill would amend the National: ous work that his Select Committee on not later than the first day of September Traffic Safety Act to require the Secre­ Nutrition and Human Needs is doing to next preceding the date of an election, tary of Transportation, within 6 months, analyze and find solutions to the prob­ and, further, no citizen of the United to develop procedures under which the. lems of hunger and malnutrition in this States who is otherwise quallfled t.o vote tire manufacturers would notify every land of ours. It gives me a particular by absentee ballot in any election shall tire purchaser of potential defects in his. sense of confidence to know that a man be denied the right to vote for President tires. The notification-by certified with his deep experience with the needs and Vice President because of any re­ mall-would explain the nature of the­ of the hungry in the United States and quirement of registration that does not sugpected defect and an evaluation of abroad has chosen to associate himself include a provision for absentee registra­ the safety hazard as well as measures to, with me in the introduction of this tion. be taken t.o correct the defect. legislation. Mr. President, the citizens of the In effect, this bill would simply extend· I ask unanimous consent that the bill United States are highly mobile, and it the existing recall provision of the Traf­ to expand and extend the special milk is not uncommon for them to be sent to fic Safety Act which now applies only· 1844 CONGRESSIONAL RECORD- SENATE January 27, 1969 to the automobile manufacturer, to the mediately and have the tire replaced at manufacturer where it legally and right­ tire manufacturer. no charge. fully belongs. The tire industry-like every mod­ To my knowledge, this is the first re­ I ask unanimous consent that the bill em manufacturing process-experiences call of defective tires at the user level in be printed in the RECORD at this point. continuous problems with quality con­ the history of the tire industry. I want to The VICE PRESIDENT. The bill will trol. And as a result, a number of defec­ commend Mohawk for their safety­ be received and appropriately referred; tive tires are reaching the marketplace, conscious action and urge their colleagues and, without objection, the bill will be and we know that this number is very in the industry to heed Mohawk's printed in the RECORD . much larger than any figures reveal. In example. The bill (S. 661) to provide an im­ reply to a questionnaire I sent to all tire It is hoped that all the suspect tires proved and enforceable procedure for the manufacturers in August 1967, six com­ will be exchanged speedily before injury notification of defects in tires, intro­ panies replied that they have recalled comes to any of their owners. But be­ duced by Mr. NELSON, was received, read a total of more than 125,200 tires in the cause the company keeps no record of twice by its title, referred to the Com­ last 7 years for inspection of defects. the tires after they are sold to the deal­ mittee on Commerce, and ordered to be Despite the fact that defective tires ers, they must rely on the public news printed in the RECORD, as follows: are reaching the consumer, there has media to spread the word to the indi­ s. 661 never been a systematic recall of such vidual users. So it is foolhardy to expect Be i t enacted by the Senate and House of tires from the consumer. In all cases re­ Mohawk's recall attempt to be more Representativ es of the United States of lated, the tires were recalled from ware­ than 50 percent effective. America in Congress assembled, That title houses or dealers. The bill I have introduced today will II of the National Traffic and Motor Vehicle Because most tire companies have no establish a system for identifying each Safety Act or 1966 is amended by adding system for keeping track of their prod­ at the end thereof the following new sec­ tire and keeping track of it from the tion: uct after it leaves the factory, they con­ manufacturer to the dealer to the user. tend that it is impossible for them to "SEc. 206. (a) In addition to the require­ Then, when recall is necessary, the man­ ments of section 113 of this Act, relating locate the owners of defective tires. ufacturer can reach the individual user to notification of defects, not later than six The consumer is clearly not being directly and recall can be carried out months after the enactment or this section, reached under the present system. with maximum efficiency. Certainly in the Secretary shall establish procedures un­ Since I first introduced this tire recall this computer age, this is not an awe­ der which every manufacturer of tires shall bill in November, 1967, many incidents some task. be required to furnish notification of any have reconfirmed the need for this defect in any tire proouced by such manu­ It is particularly urgent that this bill facturer which the manufacturer determines, legislation. be passed quickly. For we know that the First, it became apparent last winter in good faith, relates to motor vehicle safety, 10,000 Mohawk Airflo tires represent to the last purchaser of such tire known to that untold thousands of defective Fire­ only a small fraction of the total num­ the manufacturer, within a reasonable time stone wide oval tires were on the roads. ber of defective or substandard tires on after such manufacturer has discovered such The sidewalls of the tires cracked and the roads. defect. split severely at very low mileage, creat­ "(b) The procedures established pursuant ing a significant safety hazard. Also, the It ls now apparent that literally mil­ to this section shall provide-- tires had unusually rapid tread wear. In lions of tires now on sale to the public " ( ! ) a method of notice to each tire private, Firestone admitted to this prob­ by major tire manufacturers have failed manufacturer of the names and addreBSes of lem and changed the design of this tire, to meet the safety standards established the purchasers of the tires of such manu­ but no recall was ever carried out. under the National Traffic and Motor facturer; Vehicle Safety Act of 1966. " (2) for notification (A) by certified mail Second, my office continues to receive, to tire purchasers other than dealers of tire as it has since 1964 when I introduced In the past 5 months, dozens of failures of the tire standards have been reported manufacturers to whom tires were delivered, the first tire safety standards bill in the (B) by certified ma.11 or other more expe­ Senate, a stream of letters from consum­ to the Department of Transportation by ditious means to dealers of tire manufac­ ers whose original equipment and re­ their contractors who are testing for turers to whom tires were delivered, and placement tires are failing at uncom­ compliance with the standards. Nine (C) by such other means as the Secretary monly low mileage. The number of mul­ major tire companies including the top deems will assist in carrying out the pur­ four producers who account for about poses of this Act; and tiple failures of tires on new cars is also "(3) coordination of the requirements of shocking. 75 percent of total passenger tire pro­ duction are involved. this section with the requirement6 of section And finally, the obvious need for the 113 of th1s Act so as to avoid unnecessary recall provision for defective automo­ The exact number of tires involved is duplication of notification of tire defects biles-under which more than 5 million not known at the moment. However, one while assuring the great.est probabllity of cars have been recalled in the past 2 Department of Transportation spokes­ notifloaition to the user or a tire 86 to a years-helped convince officials in the man estimated that perhaps as many as defect therein 86 soon as possible. Department of Transportation and in two-thirds of all new tires sold had seri­ " (c) The notification required by t his sec­ ous and potentially hazardous defects. tion shall contain a clear description or such the office of the President's special as­ defect, an evaluation of the risk to traffic sistant for consumer affairs that motor­ Yesterday, I released a letter to Secre­ safety reasonably related to such defect, and ists deserved the same protection from tary of Transportation John Volpe, list­ a statement of the measures to be taken to defective tires that they were receiving ing all the tires that do not meet the repair such defect or to replace, if necessary, from defective autos. Both the Depart­ Federal standards, and urging him to any tire with such a defect. ment of Transportation and the Presi­ proceed to institute legal action against "(d) Every manufacturer of tires shall fur­ dent's special assistant for consumer the tire companies who are violating the nish to the Secretary a true or representative law, to inform the public in as compre­ copy of all notices, bulletins, and other com­ affairs, Miss Furness, endorsed the tire munications to the dealers of such manufac­ recall :,m in the last session of Congress. hensive a manner as possible about the turer or purchasers of tires of such manu­ All these incidents help to dramatize suspect tires, and to work with the tire facturer regarding any defect in such tires the need for a recall system for defective companies to recall all the faulty tires sold or serviced by such dealer. The Secretary tires. Yet the need and urgency for a and replace them. I ask unanimous con­ shall disclose so much of the information systematic procedure was brought into sent that a copy of that letter and a list contained in such notice to the public as he even sharper focus by two events in the of the tires be printed in the RECORD at deems will assist in carrying out the purposes the conclusion of my remarks. of this Act, but he shall not disclose any last week. information which contains or relates to a On January 19, Mohawk Tire and The VICE PRESIDENT. Without ob­ trade secret or other matter referred to in Rubber Co. of Akron, Ohio, announced jection, it is so ordered. sect ion 1905 of title 18 or the United States the recall of approximately 10,000 of (See exhibit U Code unless he determines that it is neces­ their tires to check for a manufactur­ Mr. NELSON. It is very clear that Con­ sary to carry out the purposes of this Act. ing defect that could cause blowouts. gress must act immediately to establish "(e) I! through testing, inspection, in ­ a workable recall procedure for defective vestigation, or research carried out pursuant The company urged all owners of Mo­ to this title, or examination of reports pur­ hawk tires by the trade name of Airflo in tires-a system which will protect the suant to subsection (d) of this section, or size 7.35 x 14 purchased since last Feb­ motorist and will put the responsibility otherwise, the Secretary determines that tires ruary 1 to return to their dealers im- for defective tires squarely with the tire of any class or description- January 27, 1969 CONGRESSIONAL RECORD- SENATE 11845 " (l ) do not comply with an applicable I urge you to take steps immediately to doubtful that the recall can be more than Federal motor vehicle safety standard pre­ Institute legal action against those who are 50 percent effective. scribed pursuant to this Act; or violating the law, to inform the publlc In as I am reintroducing In the Senate tomorrow "(2) contain a defect which relates to comprehensive manner as possible about the a bill to establish a system for identifying motor vehicle safety; suspect tires, and to work with the tire com­ each tire and keeping track of It from the then he shall !mmedlately notify the manu­ panies to recall all the faulty tires and re­ manufacturer to the dealer to the user. Then, facturer of tires of such class or description place them. when recall Is neoessary, the manufacturer of such defect or failure to comply. The no­ This serious situation provides a good op­ can reach the Individual user directly and tice shall contain the findings of the Secre­ portunity to take a close look at the effec­ recall can be carried out with maximum effi­ tary and shall include all Information upon tiveness of the tire standards program and ciency. In effect, the bill would simply extend which the findings are based. The Secretary In this connection I would llke to make the recall provision of the National Traffic shall afford such manufacturer an opportu­ several suggestions to you concerning the and Motor Vehicle Safety Act which now nity to present his views and evidence In program. applies only to automobile manufacturers, to support thereof, to establish that there ls First, It seems obvious that the process of the tire manufacturers. The Department of no failure of compliance or that the alleged self-certification, whereby the tire companies Transportation and the President's Special defect does not affect motor vehicle safety. certl!y that their tires meet federal stand­ Assistant for Consumer Affairs endorsed the If after such presentation by the manufac­ ards, is not workable. If the tire standards bill in the last session of Congress, and I am turer the Secretary determines that tires of program Is to have any meaning at all, the hopeful that you will lenct your fl.rm support such class or description do not comply with National Highway Safety Bureau must be to the bill to assure speedy congressional applicable Federal motor vehicle safety able to conduct a full-scale testing program action In this session. standards, or contain a defect which relates where they can test every brand of every tire And finally, I think the Department of to motor vehicle safety, the Secretary shall manufacturer who applles for the govern­ Transportation should establish a fl.rm pollcy direct the manufacturer to furnish the no­ ment's oertification of approval. Without this that recall announcements be made by the tlfl.catlon specified in subsection (c} of this ablllty, the government ls not able to enforce Department In Washington to assure the section to the purchaser of any such tire as Its own standards. And to establish this kind broadest press coverage and dissemination to provided in subsections (a) and (b) of this of testing program, the Bureau needs funds the publlc. This ls information that Is of vital section. for testing wheels and personnel which I publlc Interest. The Mohawk recall Incident "(f) For the purpose of this section the hope you will request from the Congress. Is a good example of the need for broad press term 'manufacturer of tires' includes the re­ Secondly, the recall of about 10,000 of their coverage. The effectiveness of the campaign treader In the case of retreaded tires." tires announced last Sunday by Mohawk Tire rests solely on the press getting the Informa­ SEC . 2. Section 108(a) (4) of the National and Rubber Company demonstrates the need tion to the public. However, the Mohawk an­ Traffic and Motor Vehicle Safety Act of 1966 for a systematic procedure for recalllng de­ nouncement was made In Akron, and none of Is amended by Inserting "or section 206" Im­ fective tires. I do want to commend Mohawk the major newspapers In Washington and mediately after "section 113". for their safety-conscious action. This Is the New York, at least received a copy of the fl.rst time In the history of the tire Industry news release from the company. I hope you ExHIBIT 1 that tires have actually been recalled from will take whatever action ls necessary to users (as well as from dealers). However, as assure that these announcements henceforth Hon. JOHN VOLPE, Mohawk said in their announcement, they come from the Department. Secretary, Department of Transportation, do not have any records of where these faulty Sincerely yours, Washington, D .C. tires are and they must rely on the public GAYLORD NELSON, DEAR MR. SECRETARY : I want to bring to news media to spread this Information. This U.S. Senator. your attention what I consider to be a seri­ Is obviously not an efficient system. It Is Enclosure. ous violation of the National Trafflc and Motor Safety Act of 1966 which Is threaten­ ing the safety of millions of Americans. Tire manufacturer Brand name and size Test Date of failure Under Section 1 of the Act, the Depart­ ment of Transportation has establlshed minimum tire safety standards. The fl.rst standards went into effect in January, 1968. However, I am informed that a substantial number of tires now on sale to the publlc by major tire manufacturers have failed to meet these standards, and that these manufac­ turers therefore are In violation of the law. In the past five months, dozens of failures -0f the tire standards have been reported to the Department of Transportation by their ,contractors who e.re testing tor compliance with the standards. Nine major tire com­ panies, Including the top tour producers who -account for about 75 per cent of the total passenger tire production, are Involved. I -enclose a list of tires reported to the Depart­ ment of Transportation as having failed to meet the official standards. I do not know the exact number of tires involved. One Department of Transportation spokesman estimated in mid-December tha,t perhaps an many at two-thirds of all new tires sold had serious and potentially haz­ ardous defects. In any case, it is safe to say that there -are literally milllons of faulty tires on the roads today which are a clear and present danger to milllons of unsuspecting American S. 674--INTRODUCTION OF COM­ arise from the failure to build a trans­ motorists. MUTER ASSISTANCE ACT OF 1969 portation system equal to the needs of Under Sec. 109(a} of the Act, any manu­ giant city areas were foreseen long be­ facturer who manufacturers or sells tires Mr. WILLIAMS of New Jersey. Mr. not conforming to the federal standards Is President, I am today introducing the fore our cities reached the serious-­ subject to a civil penalty of up to e1,ooo for Commuter Assistance Act of 1969, legis­ almost desperate-condition they are -each violation. In all cases llsted above, the now in. Since coming to the Senate in tire companies assured the Department of lation which will bring increased finan­ 1958, I have worked for sound programs Transportation that their tires met or ex­ cial assistance to the Nation's hard­ of Federal assistance for modern trans­ ceeded the federal standards and were there­ pressed commuter transportation portation networks for our ever-growing fore ellglble to receive the Department's systems-systems more than ever needed cities. We have made imPortant progress. certification. This process of self-certlfl.ca­ where urban sprawl has become urban The Mass Transportation Act of 1964 was tion has been necessary 1n the past because crisis. the National filghway Safety Bureau has not a major step forward, and in its 4 years had the funds nor the personnel and equip­ The gradual strangulation and atrophy of operation, has produced fine results. ment to establish more than a spot testing of our urban transPortation systems has Without the assistance provided by this program. They simply could not test and cer­ been an important factor in the creation program, there is no question that vital tify each tire themselves. of that crisis. The problems that would commuter operations in cities like New 1846 CONGRESSIONAL RECORD- SENATE January 27, 1969 York, Boston, and Philadelphia would Now that the Penn Central Railroad as.5istance wa.s needed. Now, I know my have ceased entirely. It has given impetus has taken the New Haven Railroad, it colleagues have been told that more Fed­ to the construction of new and modern will carry about 138,000 people a day into eral assistance is the solution to the systems in San Francisco, Cleveland, Philadelphia, New York, New Jersey, and myriad problems which the Nation and Chicago. The long campaign for Boston, and 40,000 people a day go from faces. But the ludicrously small amount the passage of this act made people aware New Jersey into Manhattan. It would be of money we are spending now for mass that for the city of today, an efficient impossible to build a highway system transportation gives the argument force. transportation system was not merely a large enough to handle that number of One solution which has worked well convenience, but an absolute necessity. people if they were added to the rush­ when tried by State and local transpor­ But given the need, the amount of money hour traffic jams already existing. tation authorities is an operating sub­ being spent on a key part of our cities' One myth that the mass transporta­ sidy. Since 1959, the State of New Jer­ life and growth is pitifully small. There tion program has laid to rest is that peo­ sey has spent $60 million for operating are $4.5 billion available for highway ple do not want to use mass transporta­ subsidies. Operating subsidies now keep construction, but only $175 million for tion systems. Figures show that where good commuter service going into Bos­ mass transit. Former Transportation good and efficient service is provided, it ton and Philadelphia. There is nothing Secretary Boyd described well the ab­ will be used. In the Philadelphia area, new or novel about the idea. The rail­ surdity of this disproportion when he for example, the total number of com­ road industry recognizes that it does have said: muting passengers rose 34 percent from a responsibility to the riding public, but We've got a bucketful o! money !or high­ 1962 to 1967-from 13.6 to 18.2 million. asks that the public provide some sup­ ways, and only a medicine dropperful !or the In northern New Jersey, passenger vol­ port for the public service they provide. rest. ume rose 6 percent in 1967 once the There is some question as to whether the We do not now have and never will Aldene Plan was in effect. The Grand railroads are doing all they financially have a balanced transportation system Trunk Railroad, serving the suburbs of can, but they cannot be expected to bear as long as this cockeyed imbalance in the Detroit, increased its passenger volume the entire expense of deficit-ridden com­ spending of public funds exist. by 25 percent in 1967. Cleveland's re­ muter operations. But working with Sound planning and sensible public cently begun high-speed service from State and local transportation agencies, policy call for spending money for trans­ downtown to Hopkins Airport, shows they can maintain and improve service. portation more equitably and where the every sign of being a great success. Mr. President, a substantial portion most results for the tax dollar are The taxpaying public certainly knows of my remarks has been devoted to com­ achieved. We can build highways and air­ the importance of good commuter trans­ muter trains. I have placed emphasis on ports from now until kingdom come portation, and will back spending with the railroads only because they are al­ without helping the commuter. The com­ their votes. The voters of New York in ready dangerously close to the eve of ex­ muter clearly can not fly to work, and 1967 authorized a $2.5 billion bond issue tinction, and not because the bus com­ driving becomes a dangerous daily jour­ to revitalize the State's transportation panies find themselves in a financially ney in pursuit of a probably nonexistent systems. In the last election, the voters enviable position. Last year alone, for parking place. Instead of solving the of New Jersey overwhelmingly approved example, D.C. Transit, right here in the traffic problem, we are wasting more val­ a $640 million transportation bond is­ Nation's Capital, was granted a total of uable land to create ever larger traffic sue. This is tangible evidence of the im­ three fare increases. Each increase has jams. portance taxpaying Americans give to been accompanied by a decrease in riders. In an era when we are sending men to good transportation. All across the coun­ Most of these lost riders tum to auto­ look at the dark side of the moon, it may try there has been a consistent effort by mobiles as their alternative form of seem an anachronism to talk about the States and local governments to improve transportation. This simply aggravates railroads as a key part of modern trans­ existing commuter systems or, as San the already serious situation the com­ portation. But it has been pointed out Francisco is doing, to build new ones munity faces in coping with automobile that "a single passenger track can handle from the ground up. and traffic problems. Furthermore, the as many people in peak hours as a mile Mr. President, in the last session of segment of the community most depend­ of expressway 20 lanes wide. A tax dollar Congress, I chaired hearings of the Hous­ ent upon public transportation-the can buy up to 20 times as much rail ing Subcommittee of the Committee on low-income group--is the group least transportation as it can when it is spent Banking and currency on the effects of able to pay the increases, and therefore, on urban highways." railroad mergers on commuter trans­ the most affected by the increased fares. Linked with good bus service, the rail­ portation. It is my strong belief that commuter lines road is the most effective means of mass The subcommittee heard from an im­ of all types, including buses, must be transportation. Railroads have one other pressive array of witnesses from Govern­ maintained in order to insure the con­ decided advantage-not only do railroads ment and the railroad industry. These tinuing prosperity and well-being of the use less land areas than sprawling high­ hearings gave us a chance to review the millions of people all over the country ways, they are already there. By using entire commuter situation. On several whose daily routine is so dependent on existing rights-of-way to their fullest points, there was almost unanimous them. for transportation, we can avoid serious agreement. Commuter transportation is The Mass Transportation Act provides human problems created by putting new an absolute necessity. As Mr. OWen capital grants for the construction or im­ freeways into already overcrowded cities. Clarke, vice president of the C. & 0./B. provement of transportation systems. We Mr. President, commuters depend on & o. put it: must increase the appropriations for this and will continue to use good railroad Urban transportation in the large cities can program, which has never been funded at commuter service. In 1967, commuters only be looked upon as a public service. Ii the level authorized by the Congress. constituted 67 percent of all passengers ls analogous to police and fire protection, At the same time, we should make money carried by railroads. These commuters the construction and maintenance o! high­ available to State and local transporta­ paid $143.8 million to ride to and from ways and waterlines, and the operation of tion authorities to keep existing service work, and railroads with commuter serv­ schools. going through operating subsidies. This ice carried almost 200 million revenue Second, privately owned railroads-­ is what the Commuter Assistance Act passengers. Clearly, the end of commuter even given the new financial strength will do. It will provide Federal funds for service would be a transportation disas­ brought by the recent series of mergers-­ operating subsidies over a limited pe­ ter. In New York, for example, we have cannot and will not operate deficit-rid­ riod of time to aid those local agencies frequent lessons on the importance of den service. In agreeing to take over the which are already doing more than their commuter service everytime the Long Erie Lackawanna, Delaware & Hudson, share in paying the transportation bill. Island Railroad, which carries 80,000 Boston & Maine, the Reading, and the The bill is not intended to set up a people a day, is shut down. They are un­ Central of New Jersey as a condition of program of permanent subsidies. An op­ fortunate and negative lessons, but one their mergers, the C. & 0 . and the Nor­ erating subsidy grant would have a 10- picture of a traffic jam on the Long Island folk & Western told the ICC it would take year limitation, although individual Expressway says more than a thousand these ailing railroads only if the problem grants could be extended for another 5 words on why we must have good mass of commuter losses were solved. years. During this period of time, we can transportation. Finally, all agreed that more Federal hope that the necessary program of capi- January 2 7, 1969 CONGRESSIONAL RECORD- SENATE 1847 tal investment will be carried out which present administration to carry forward program. Under its provisions, federally will put commuter transportation on a the record of progress built by the Ken­ insured banks would be prohibited from paying basis. nedy-Johnson administrations in the voting their own capital stock, or any Under the provisions of the legislation field of mass transportation. such stock held in the bank's trust de­ I am introducing today, the Secretary Mr. President, I asit unanimous con­ partment. The right of banks to vote of the Department of Transportation sent that the text of the bill I am intro­ their own stock plus shares held in trust, would make these grants on a two-third, ducing today be printed in the RECORD coupled with the lack of cumulative vot­ one-third matching basis, not to the op­ following my remarks. ing, has had the effect of perpetuating erating applicant itself, but to a public The VICE PRESIDENT. The bill will entrenched management, thus disfran­ transportation authority which has be received and appropriately referred; chising minority shareholders. broad responsibilities for maintenance and, without objection, the bill will be In some instances, shareholders' meet­ of commuter transportation and upon printed in the RECORD. ings have become meaningless rituals, whose contribution the ratio is based. The bill

poetry. They were put on also as expressive thls. If seen correctly, thelr use could spon­ for the communities through meetings and of a noble goal, toward whlch there ought to sor a new surge of noblllty, to replace the conventions. be honest striving. At a tlme, the people ln­ quibble of committees and study groups and In Maryland, the function of the munlci­ dorsed tacitly both modifyers, from seeing ad hoc et cetera there ts now. palltles is limited by law and the strength their advantage 1n the ultimate of each. Now From the Constitution, ,we notice the mo­ of the local County government. The prob­ 'the people see a wrangle ot words. ,tive word tor the press in Amendment I is lems of the municipality are the funda­ Much of the present bellicosity has de­ "abridging." So let's begin striving now for mental ones of trash collection and street veloped because one slde or the other ls con­ a more "una.brldged press," one hopefully not repairs. The more complex responslbilltles of demning the other tor not having achieved even abridged by itself, from a lack of talent. zoning and planning, schools and the courts more, toward lts noble strlvlng. A tune has And of the courts and trials and the law, belong to the counties. . come then for both the pot and the kettle Amendment V makes lt clear that

TABLE !.-PUPIL DESEGREGATIO N IN 11 SOUTHERN STATES, ALL DISTRICTS REPORTING, FALL 1968

Enrollment Desegregation I Enrollment Desegregation I Number or Number of Percent or Number or Number or Percent or districts Negro Negro districts Negro Negro State reporttn1 Total Negro students students State reporting Total Negro students students

Alabama------···· 89 204,365 15,039 7. 4 South Carolina ••••••••• _••• 76 196,203 29, 198 14.9 Arkansas------···-········ 173 ~:~~ 94, 791 23.3 Tennessee ______·-······ 120 ~:~~ 140,287 34, 098 24. 3 57 282,226 24. l 501 119, 259 38.9 Florida------········· 1,:gJ:1 ~~:~ Texas. ----·---·· ·-·-·-··· · 2,~~::} 144 268, 044 38,196 14.2 Virginia ••• ·-·············- 115 60,587 25. 7 E~ir~~na.::::::::::::::::: 50 774, 140 299, 152 26, 354 8. 8 ~::~ MississlppL----·-····--··· 100 398, 725 193, 602 13, 839 7. 1 Tota'-····--·--·--·· 11,568 9, 889,469 2, 551, 790 518, 607 20.3 North Carolina_ •• _••••••••• 143 l, 120,602 330, 449 92,028 27. 8

I The Office for Civil Rights estimates that the data on wh ich the 1968 preliminary analysis is • Includes all districts with total enrollment over 3,000 students and a sampling of districts based accounts for 85 percent of the estimated 11,677,684 public sc hool stude nts in the 11 Southern with less than 3,000 students enrolled. States.

TABLE 2.-PUPIL DESEGREGATION IN 10 SOUTHERN STATES (3-YEAR COMPARISON), VOLUNTARY PLAN DISTRICTS I

Enrollment Desegregation • Enrollment Desegregation • Number of Number of Percent of Number of Number of Percent of districts Neg ro Negro districts Negro Negro State and year reporting Total Negro students students State and year reporting Total Negro students students

Arkansas : South Carolina : 1966 ______1966 ______1967 ______99 173, 130 73, 545 6,058 8. 2 1967 ______72 467, 868 180, 922 9, 433 5. 2 1968 ______124 217, 378 82,215 13,821 16.8 57 349, 835 143, 975 10,257 7.1 97 179, 755 66, 199 14, 417 21. 8 1968 ______70 459, 043 182, 987 28, 207 15. 4 Florida1966: ______Tennessee:1966 ______47 296, 344 81, 917 11 , 018 13. 5 40 171, 802 23, 466 32. 8 1967 ______1967 ______1968 ______41 264, 273 76,226 14, 213 18. 6 1968 ______43 160, 457 30, 223 1Uro 38. 2 42 297, 726 78, 772 25, 253 32. 1 31 155, 674 25, 240 12,051 47. 7 Texas : Geo rf~~------1966 ______28. 8 1967 ______114 543, 254 149, 117 11 ,081 7.4 1967 ______334 886, 046 47, 936 1968 ______125 588, 291 141,208 19, !28 13. 5 323 989, 704 63, 008 35.4 115 567, 991 146, 739 26, 975 18. 4 1968 ______177 850, 013 m142:,m071 62, 374 43. 9 Louis1966iana ______: ______Virginia : 1966 ______18,410 1967 ______20, 482 4,301 454 10. 6 1967 ______50 371, 386 107, 311 17. 2 1968 ______19, 502 3, 853 623 16. 2 54 431, 799 117, 148 26, 190 22. 4 20,351 4, 168 1, 001 24. 0 1968 ______53 370, 799 119, 676 30, 607 25. 6 Mississippi1966 ___: ______1967 ______34 133, 234 52,459 4. 2 Total:1966 ______1968 ______35 150, 058 59, 898 6. 3 895 3, 837, 771 1, 033, 693 145, 628 14. 1 40 161,588 65,322 H7, 84~2 12. 0 1957 ______902 4, 007, 749 1, 075,625 202, 794 18. 9 North1966 Carolina: ______1968___ ------718 3, 787, 262 l, 064, 070 272, 281 25. 6 1967 ______102 774, 225 244, 770 31, 339 12. 8 1968 ______97 836, 452 243, 081 40, 236 16. 6 90 724,322 232, 896 63, 554 27. 3

• The Office for Civil Rights estimates that the data on wh ich the 1968 preliminary analysis is 0 0 based accounts for 86 percent of the estimated 10,846,023 public school students in the 10 Southern m::tF!~\M ~~~emiat~i~ ~~:~~~~~:~i~~::d t~es:;~~~ ~:l;h ~e:e5it ~r:o;ro~~~ eree! ~i\~ States. (All districts In the State of Alabama are under Federal court order to desegregate.) enrollmenl January 27, 1969 CONGRESSIONAL RECORD- SENATE 1859 Prellminary analysis also showed that: South States which have submitted forms districts which account for approximately 1. Desegregation progress in Deep South certifying they have eliminated their dual 15 percent of the students in these States systems (Form 441), 51.6 percent of the failed to return reports or returned incom­ school districts desegregating under court plete information. orders was sharply below the voluntary plan Negro students are attending schools with The only large system which has not yet desegregation figure. Data from court order white children. reported data is Dallas, Texas. Dallas 1s un­ districts showed that only 11.5 percent or These preliminary figures account for ap­ der court order. 149,000 of the Negro students in those dis­ proximately 85 percent of the students at­ A breakdown of the extent of school deseg­ tricts are attending school with white chil­ tending schools in the 11 Deep South States. regation in the 11 Deep South States for all dren. (Table 3.) The reports were to be completed and re­ types of school districts (voluntary plan, 2. In those school districts in the 10 Deep turned to HEW by October 15, but school 441, court order) is shown in Table 4.

TABLE 3.-PUPIL DESEGREGATION IN 11 SOUTHERN STATES (2-YEAR COMPARISON), COURT ORDER DISTRICTS I

Enrollment Desegregation • Enrollment Desegregation • Number of Number of Percent of Number of Number of Percent of districts Negro Negro districts Negro Negro State and year reporting Total Negro students students State and year reporting Total Negro students students

Alabama: North Carolina: 1967 •....••••••...... 113 690, 393 232, 021 12,528 5. 4 1967 ...... ••••...... 14 186, 697 59,041 10, 496 17.8 1968 ...... •...... 89 588, 639 204, 365 15, 039 7.4 1968 ...... ••.•...... 18 214. 199 71,807 17,286 24. J Arkansas: South Carolina: 1967 ------10 60,055 20, 426 3, 516 17. 2 1967 ...... •..•••.• 14,549 6,473 401 6.2 1968 ..••..•..••...... 10 61, 503 21,427 3,629 16.9 1968 ...... •. •.••••.• 27, 466 13,216 991 7.5 Florida: Tennessee: 1967 ...... •.•.•...•.. 16 766, 494 164, 894 30, 507 18. 5 19681967 ---___ __------______25 365, 166 124, 571 11,365 9.1 1968 .•.....•..••.•••.• 12 617,412 143,881 31, 149 21. 6 19 302, 125 100,992 9,495 9.4 Georgia : Texas: 1967 ..•.•••.•.•...... 4 163, 121 83, 564 5, 730 6.9 1967 ______13 445, 928 124, 903 12, 163 9. 7 1968 ..•••.•...... 10 251, 367 114, 169 8,966 7. 9 1968 ______11 429, 178 116,836 18,975 16.2 Louisiana: Virginia : 1967 ...... ••••.•. •••• 43 644, 041 255, 784 16, 771 6.6 1967 ······------22 240,653 96,681 12,961 13.4 1968 .. ------47 753, 789 294, 984 25, 353 8.6 1968 ...... •...... 20 215, 699 91,381 12, 709 13.9 Miss\5:J~~'.=...... •. ••••. 36 131, 176 78,998 2,405 3.0 Total: 1968 ..••..•..•••.••••. 55 226,811 126, 002 5,408 4.3 1967 ______300 3, 708, 273 2,273, 127 118,843 9. 5 1968 ...... ••••.• 297 3,688, 188 I, 299, 060 149, 000 11.5

1 The Office for Civil Rights estimates that the data on which the 1968 preliminary analysis is based accounts for 85 percent of the estimated 11,677,684 public school students in the 11 Southern m::i1:J~96~ ~~defJmri~ J~~:li~a~~:~::=~g3;d ~~e;r.~i;I~ ~\~ci ~~iit::rc~~~eo~~~~ee~h~\~ States. enrollment TABLE 4.-PUPIL DESEGREGATION IN 11 SOUTHERN STATES, TOTALS BY CATEGORY, FALL 1968 resourceful and constructive effort to strengthen the recruitment, training, and Enrollment Desegregation I development of state and local government personnel. The development of greater un­ Number of Number of Percent derstanding and competence on the part of districts Negro Negro Category reporting Total Negro students students federal, state, and local officials who increas­ ingly deal with common tasks entailed in the a.dmln1stration of our domestic programs Voluntary plan ..•..• ------718 3, 787, 262 1 272, 281 25.6 is one of the most crucial needs to make the 44l's '------·-······------····· 553 2,414, 019 ·I6J:Ui 97,326 51.6 Court orders ...... •...... •••.••• 297 3,688, 188 I, 299, 060 149, 000 II. 5 federal systems function effectively. The pro­ posed bill would make a substantial con­ Total. .•...... •...... a 1,568 9, 889,469 2, 551, 790 518,607 20.3 tribution to this objective, and I hope you will co-sponsor it with Senator Muskie. 2. While the provisions of the blll have w~ir.o~g~ira1r:~ ~I:~!~ :~~ 0~1~~ ~~~!~ni :e~~~~t~tudents are considered to be enrolled in a desegregated school only when the been modified since the hearings were held • Includes all districts wilh total enrollment over 3,000 students and a sampling of districts with less than 3,000 students enrolled. on its predecessor version, s. 3408, I believe a The Office of Civil Rights estimates that the date on which the 1968 preliminary analysis is based accounts for 85 percent of the the statement that I submitted at that time estimated 11,677,684 public school students in lhe 11 Southern States. is relevant in respect to the new draft. A copy is enclosed. 3. The Intergovernmental Personnel is a INTERGOVERNMENTAL PERSONNEL upgraded. That is the objective of the fine companion to the education for the ACT OF 1969 Intergovernmental Personnel Act. Publlc Service Act passed by the last Con­ In a recent letter to me, Donald C. gress. The provisions of the two have been Mr. SCOTT. Mr. President, I am well integrated. I hope that you will also pleased to be a cosponsor of S. 11, the Stone, the distinguished dean of the help encourage appropriations to implement Intergovernmental Personnel Act of Graduate School of Public and Interna­ that Act. No legislation, no matter how meri­ 1969, which was introduced on January tional Affairs of the University of Pitts­ torious, can accomplish anything if there burgh, offered some useful comments on are no appropriations. 15 by the distinguished junior Senator the Intergovernmental Personnel Act. I 4. In respect to the Intergovernmental from Maine (Mr. MUSKIE). ask unanimous consent that this letter Personnel Act, some state and local organiza­ If we are going to cope successfully and an earlier statement on the legisla­ tions have feared federal encroachment and with the problems of our cities, the initi­ tion by Dean Stone be printed at this the possibility that the U.S. Civil Service ative for positive action is going to have point in my remarks. Commission might apply limiting proce­ to come from the States and the com­ There being no objection, the material dures on State and local governments. I have munities themselves. Fortunately, steps no fear of this. The federal civil service sys­ was ordered to be printed in the RECORD, tem has been modernized and made ex­ are being taken to strengthen the capac­ as follows: tremely flexible, reflecting advanced person­ ity of the States and localities to act. The UNIVERSITY OF PITTSBURGH, GRADU­ nel practices in industry as well as govern­ Intergovernmental Cooperation Act of ATE 8cHOOL OF PUBLIC AND INTER­ ment. The paralyzing practices are those cur­ 1968, which I cosponsored, is now on the NATIONAL AFFAIRS, rently incorporated in many state and city statute books. I hope Congress will act Pittsburgh, Pa., January 9, 1969. civil service provisions. Much of this so­ this year on my bill, which I shall rein­ Senator HUGH SCOTT, called civil service reform legislation was troduce shortly, to encourage the ability U.S. Senate, designed to provide detailed procedures for of States and local governments to plan Committee on Commerce, the recruitment and retention of employees, comprehensively for the development of Washington, D .C. often in a manner that prevented enlistment DEAR SENATOR SCOTT: Thank you for writing of the most competent persons. The elimina­ their human, physical, and economic re­ about the clra.ft of the Intergovernmental tion of incompetence was made difficult or sources. None of this legislation will be Personnel Act of 1969. I am pleased to have impossible. of value, however, unless the quality of the opportunity to comment on it. 5. In any event, Title II of the Intergovern­ State and local government personnel is 1. In my view, the bill represents a most mental Personnel Blll keeps the initiative CXV--118-Part 2 1860 CONGRESSIONAL RECORD- SENATE January 27, 1969 and responsiblllty for state and local policy STATEMENT FOR THE SUBCOMMITTEE ON INTER­ practiced in comparison to what ls readily and practice in the hands of state a.nd local GOVERNMENTAL RELATIONS achievable by the appl!cation of modern officials, but places a high premium on their (By Donald C. Stone) management standards. To the extent that formulating a positive plan of action If they Enactment of legislation along the lines of we fall to take measures to close this gap, hope to secure grant funds. This is the right S. 3408 to improve the quality of personnel we are wasteful of hard-to-come-by resources way to do it. responsible for public services at state and and are compounding problems for future 6. I consider Title Ill-Training and devel­ local levels ls most critically needed. Such a generations. The ta!lure to secure a dollar's oping state and local employees, to be very program would contribute In many Important worth of service for a dollar of publ!c ex­ important. An enoI'Illous amount of training ways to the achievement of the society and penditure because of inept and inefficient is needed for such emplyees to develop both conditions of life in this country to which performance by personnel Is just as much adequate understanding of the problems and a waste as outright corruption and political our citizens aspire. patronage. The failure to apply effective sys­ tasks enta!led in serving an urban society as In this statement I wish (1) to stress the well as to produce sk!lls and technical com­ tems ot classifying, recruiting, training, pro­ critical need for measures to upgrade and moting, and evaluating performance of pub­ petences presently required for which no strengthen present personnel systems, (2) to training has been available. In general, the llc service personnel ls a major cause of such comment on several aspects of S. 8408, (3) to waste. provisions are good. Section 804 doesn't men­ assess the adequacy of certain related legisla­ tion the utlllzat!on of universities and other Toe strength of this nation lies largely in tion, and (4) to outl!ne categories of publ!c its urban industrial might. Our posture educational agencies for training purposes. service personnel tor which federal educa­ Section 805 deal!ng With grants to other abroad, our demonstration of the effective­ tional assistance ls long overdue. ness of democracy, as well as our economic organizations does not mention universities, I make these comments from the back­ although they would be covered by sub-item and social well-being require that we parallel ground of the experience of the Graduate our genius in scientific, industrial, agricul­ (b)-(3) where reference ls made to nonprofit School of Public and International Affairs of organizations. The major universities With a tural, and medical fields with equivalent at­ the University of Pittsburgh, the main func­ tention to public management. publ!c service orientation need to expand tions of which are to provide pre-service edu­ greatly their nondegree in-service training Urban local governments have been the cation and in-service training !or public stepchildren of our governmental system. programs as well as academic work, for pub­ service personnel at local, state, and national l!c service. This wm not get done unless State governments were designed to serve a levels, and to conduct research and advisory rural society and most of them have been federal, state, and local agencies Insist on assistance to improve the quality of public it and make funds ava!lable to help cover controlled by legislators and administrative service. Having devoted most of my years to organizations whose interests were focused additional costs. the improvement of municipal, state, and 7. The establ!shment of government serv­ federal admlnistration as an official, consult­ :::.riin~fro~~~~~/f~h~n~:~f~~!~~~; ice fellowships undP.r Section 806 is one of ant, researcher, and teacher, I naturally have effective structures and administration !or the most important provisions of the b!ll. a very special interest in the purposes of local governments has been of l!ttle interest Cities and most states wm not take the Initi­ s. 8408. to many state and federal legislators. ative to assign employees for graduate pro­ URGENCY OF IMPROVING THE QUALITY OF PUBLIC Finding that local government reform was fessional work like the federal government SERVICE PERSONNEL blocked by disinterest at the state level and and business establishments do unless they by inappropriate and outmoded constitu­ are given some inducement. The provision tor Action contemplated in S. 3408 has become critical because rapid urbanization under the tional and legislative provisions, I early be­ the federal government to reimburse one­ came the advocate of home rule for munici­ tourth of the salary of each fellow is just impetus of technological developments is changing the character of our society and the palities. While the citizens of cities and about the right amount of inducement. Sub­ counties do need to have authority to develop section (a)-(3) of 806 provides tor a payment role of government in relation to it. While we have become a highly urbanized society, our local government organization and admin­ to the educational institution in which a istration under a broad authorization of fellow enrolls of $3,000 per academic year. administrative arrangements and personnel practices are mostly designed for a previous state legislation, the early idea of home rule Th1s woUld cover most of the cost of educa­ is not applicable to modern society. In ur­ tion beyond that provided by tuition If the era. The character of public services and fa­ cll!ties now required are radically different banized society the primary role of a state academic year is defined as the equivalent government and of the federal government of two semesters. Under some present federal from those of earlier generations, and changes of equal magnitude can be foreseen is to foster policies, programs, arrangements, fellowship programs, universities which pro­ and conditions which create a dynamic, ef­ vide two semesters or two terms of academic in the future. The administrative structures of local and fective, livable society. Thus the federal, work in a twelve-month period are treated state, and local governments all share in the tar more favorably than those on an acceler­ state government and the capab111t!es of public services have lagged far behind the same objective. There must be partnership ated three or tour-term basis in which a year challenge of these changes. Part of the prob­ 1 and a halt or a year and a quarter of academic alls~ ;:0~ t~e;~:S!~ts application of the part­ work is done in a twelve-month period. lem relates to the outmOded character of lo­ cal government systems, but even Without nership principle at the most crucial point, 8. Title IV dealing With mob111ty of fed­ changing these systems, major advances can namely cooperation and mutual support eral, state, and local employees provides a be made in the qual!ty of publ!c service ad­ among the federal, state, and local govern­ most resourceful and imaginative way to ministration by modernizing internal man­ ments in improving the quality of personnel maintain fair treatment and to avoid a agement in local and state governments and to carry out functions in which all three tendency tor a one-way movement of per­ by admin!strat!ve measures to link local, kinds of government share a concern and sons from local and state government to the state, and federal agencies In effective co­ respons!b111ty. I hope that the Subcommit­ federal level on a permanent basis. operative endeavors. S. 3408 would !ac111tate tee on Intergovernmental Relations w1ll 9. The text under Section 506 dealing With such cooperation and enhance the qual!ty of unanimously recommend S. 3408 and that the distribution of grants warrants some publ!c service administrative !unctions as the Congress Will enact it. Its principles of caution. Wh!le the aim should be to stimu­ they affect the qual!ty of l!fe in communities, cooperation and mutual assistance Will be late initiative In the improvement of per­ cities, and metropol!tan areas throughout the contagious for m any other areas where there sonnel systems and training programs in nation. must also be close partnership between local, all states, many states do not have a sub­ Many cities, a few counties, and a number state, and federal administration. Only With stantial enough population to support high of states have made noteworthy progress in this kind of partnership can our federal sys­ quality and varied educational and training applying modern methods of management, tem be adequate to cope with the almost programs. Cooperation among such states resource and program planning, personnel overwhelmingly complex and critical changes and utilization of institutions in larger methods, budgeting, and technical practice that are taking place in our urbanizing states that have adequate programs Will in their efforts to provide the kind of publ!c society. need to be relied upon. services and fao111t!es essential tor modern S, 3408 WELL DRAFTED 10. The amount of funds authorized for urban Ufe. The federal government has made I have examined in deta!l the provisions the next three years is minimal. When one striking progress in the qual!ty of its admin­ of s. 3408. It ls extremely well drafted. While considers the enormous range of admin!s­ istration and personnel since World War II. refinements could be made, the essential fea­ trative, professional, and technical fields to However, it Is interesting to note that the tures ot the BllJ !n my view are well de­ be covered and compares this With the more capable the publ!c official or the gov­ signed. Cooperative and constructive rela­ amount of funds the U.S. government is ernmental organization may be, the greater tionships between the federal, state, and putting into education and training in such is the recognition given to its shortcomings local governments are conceived In a flexible fields as agriculture, science, medicine, pub­ and to the dearth of professionally educated and effective manner. The principle of fed­ lic health, and space exploration, the figures personnel tor the complex tasks of modern eral assistance for improving admln!stratlve seem very mOdest. The main need, however, practice and initiating programs o:r personnel is to get started. pu:~~i!:rv1.:i~ked on the improvement of modernization incorporated in the BUI ls I hope these comments are useful to you. local, state, and federal administration for Sincerely yours, many years, I can testify that an enormous cori:l~~f appears to have drawn well on DoNALD C. STONE, gap exists between the quality of personnel the lessons we have learned in the conduct Dean. and the effectiveness of publ!c service as now of grant-in-aid programs. It recognizes that January 27, 1969 CONGRESSIONAL RECORD- SENATF 1861 apathy, ignorance, as well a.s inadequate fi­ service In an urban society ls the failure to these professional fields and the need !or nancial resources at state and local levels take into account the variety of categories of fostering university programs, for providing can be surmounted only with the induce­ personnel and the kind of professional edu­ fellowships, and for establishing in-service ment of financial assistance. Since a viable cation needed, both pre-service and in­ training to supply the manpower require­ urban society is a national concern, it ls servlce. To lllustrate how federal, state, ments. essential that the Congress and federal agen­ county, municipal, and private agencies all The enactment and implementation of S. cies talce initiative in encouraging and assist­ are involved in providing the functions and 3408 would result in immediate upgrading ing state and local governments In fulfilling facilities of an urban area, I have prepared of federal, state, and local personnel already their sectors of national responsibllltles. the attached chart on "The Community or­ engaged in many of these 19 fields. Since In many states progressive cities are bet­ ganization Complex." Two-thirds of oUI na­ the majority of employees in most fields have ter managed and have higher quality per­ tional population now live In such commu­ not bad professional education initially, sonnel than their state governments. The nity complexes. The upper portion of the the deficit of properly trained personnel ls state governments are modernizing, but in chart mustrates the Interplay of official and enormous. Thus the long-term objectives of some cases It may be a long time before the voluntary agency leadership as well a.s the S. 3408 cannot be fulfilled without a vast states will have either much interest in or diversity of government and voluntary orga­ expansion In pre-service education to enable competence to foster management improve­ nizations immediately responsible !or urban channeling a new generation of young men ment in their municipalities. Under a dy­ affairs. The central city structure ls dupli­ and women into these fields of service to namic federalism, our national government cated to a considerable extent in the satellite fill vacancies. Moreover, there will not be must of necessity be concerned with the communities and in the county or counties suitable professional schools to carry out quality of local government administration of the region. State and federal agencies not in-service training needs under S. 3408 unless as well a.s with that of the states. It must only provide signlflcant services to the same the federal government provides financial not let national obectlves and responslbll!tles areas, but increasingly are involved as part­ assistance to assure the establishment of such be destroyed by inept state administrations ners in a variety of financial and adminis­ schools for both pre-service and In-service when progressive municipalities in such trative arrangements. education. Continuing education for physi­ states wish to keep In step with the nation. The functions depleted in the boxes on the cians would not amount to much if there Thus the provisions in S. 3408 which au­ chart comprise those which are especially were no medical schools. Similarly, efforts thorize local governments to submit plans crucial to achieving the attributes of the to provide mid-career course work in such directly to the federal government when the Great Society in urban complexes. Most of fields as urban administration, public works, states do not act are highly desirable. In­ them require cooperation among federal, or industrial-economic development will be deed they are crucial. state and local administrations. ineffective unless professional schools are ADEQUACY OF RELATED LEGISLATION Only fragmentary university education bas created with quallfled instructors, research been developed to prepare qualified personnel programs to prepare teaching materials and As emphasized by the statement of Sen­ to administer most of the principal functions supporting assistance for university re­ ator Muskie in Introducing S. 3408, the bill sources. is primarily concerned with training within shown on this chart. For some fields no slg­ nlflcant graduate educational programs exist. Many universities are ready to establish the service after appointment, not with edu­ new programs or expand present ones to cation for public service prior to appoint­ The cultural lag in modernizing university education to fulfill the needs of urban public meet this national need, but they lack funds. ment. ms statement mentions the hope that service ls enormous. Universities respond to the demands of so­ "Title I of the IDgher Education Act of 1965 ciety as reflected by financial inducements, Will resolve some of the problems in this During the past few years the Graduate School of Public and International Affairs public and private. The federal government area," and also makes reference to the poten­ has appreciated this in the fields of science, tial of Title VIII of the Housing Act of 1964. has made three surveys of this problem. The most recent resulted in the preparation of a agriculture, and health. The stakes in filllng Title I of the IDgher Education Act ls this educational (and research) vacuum In little more than a blind stab to do some­ handbook on "Career and Educational Op­ thing about communities. Most states are portunities in the Urban Professions." Under public service professions are no less crucial. not organized in a manner that enables pro­ separate cover I am sending a sufficient num­ They consist of achieving in the United visions of the Act to be effectively imple­ ber of copies of this handbook to be provided States a tolerable urban-industrial society mented. Departments of education which In to the members of the Subcommittee on In­ for 150 to 200 million urban dwellers during many states have been assigned the admin­ tergovernmental Relations. The purpose of this century. istration of the Act are not competent to the handbook ls to interpret to college and I do not know how m any university cen­ deal with overall community and municipal university instructors, placement officers, ters of education are needed for these various problems. Their staffs know very little about students, and other appropriate persons the functions. In the field of public works In city, county, and state administration, about challenging career opportunities in 19 major which my School ls about to launch a grad­ present programs, or the potential of uni­ fields Of public service. University programs uate program jointly with the School of versities in providing public service educa­ to prepare personnel for each field are listed Engineering and the Graduate School of as are fellowship resources. Public Health, we believe a minimum of 2& tion. A review of what is happening under comprehensive university programs will be Title I of the IDgher Education Act ls dis­ The most important fact revealed by the couraging. Moreover, the fellowship provi­ handbook is the fragmentary character of needed, and that civil engineering depart­ sions of the Act are not focused on critical educational programs for most of the 19 ments generally should give more attention urban fields. These fields are as follows : to urban applications and to public admin­ urban professional fields. Whenever legisla­ istration. tion is put In the hands of persons who are Urban public administration. Ignorant or disinterested, the purposes of the Administrative staff officers. We have found at the University of Pitts­ City and regional planning. burgh that many mutual benefits and econ­ legislative body are inevitably thwarted. omies derive from engaging in a number of Title VIII of the Housing Act of 1964 could Urban renewal and community develop­ be very beneficial to the purposes of S. 3408, ment. related professional fields. For example, the but it has not been implemented because Housing administration. new public works cUITlculum wm be greatly of the denial of appropriations. While con­ Community action and opportunity devel­ strengthened by the companion programs of ceived in too limited a framework, this Title opment. the Graduate School of Public and Interna­ has considerable posslbllltles. Moreover, it Industrial-economic development. tional Affairs In PubUc Administration, ur­ ls the responslb111ty of a federal department Public Works engineering and administra­ ban and Regional Planning, Urban Develop­ which ls concerned with the broad develop­ tion. ment and Renewal, Urban Management, ment of urban communities. Urban traffic and transportation: engineer- Metropolitan Studies, and Economic and Recognizing that as much progress as pos­ ing, planning, and administration. Social Development. These in turn are ad­ sible should be made under both the IDgber Administration of law, safety, and justice. vantaged by the avallabillty of expert staff Education Act and the Housing Act, new Social service and welfare administration. and courses in the Schools of Public Health, legislation ls essential to focus upon the Employment-social security, administra- Business, Social Work, Education, Law, and many gaps In the range of categories of per­ tion. Engineering, and such department.s as Eco­ sonnel of crucial urgency to local, state, and Community recreation and park adminis- nomics, Political Science, Geography, and federal agencies In serving an urban society. tration. Sociology. President Johnson's Princeton speech em­ Public health administration. Thus the aim of fthe federal government phasizes the character of the problem, and Hospital administration. should be to foster a network of univer­ many of us in public service education are Education planning and administration. sities which are committed to education, heartened that studies are under way to Public llbrary service. research, and services In most of the 19 cope with It. Since the problem involves in­ Culture and the arts. fields listed above. Only comprehensive tergovernment al relations, I trust that the Research and teaching in urban affairs. universities which feature graduate and pro­ Subcommittee on Intergovernmental Rela­ Professional education for a few of these fessional education are capable of doing tions will give sustained attention to it. 19 fields has been nationally fostered and this. accorded some financial support, notably The simplest way the federal government CRITICAL CATEGORIES OF PERSONNEL public health, social welfare, and education can foster professional education in de­ A major deficiency in the Higher Educa­ administration. However, most have been ficient fields ls to provide fellowships to tion Act, in the Housing Act, and in most overlooked or Ignored by government and enable qualified persons to secuie the other federal approaches to this problem of by educational philanthropy. No federal leg­ requisite education, and also to allocate to developing qualified personnel for public islation recognizes the scope and diversity of the university attended a supplement to help 1862 CONGRESSIONAL RECORD-SENATE January 27, 1969 finance !ts educational costs. This supple­ programs and demonstrations. By cooperat­ Additional legislation Is needed to enable ment should be at least $1000 for an aca­ ing with ·.1n1vers!t!es and professional as­ universities to provide the educational and demic term or semester of study. The avail­ sociations, they can help create prestigious research underpinning on which high ability of such supplements will encourage professional education programs which will standards of personnel and performance in universities to expand or Initiate new pro­ point the way for other universities and the public service professions must ulti­ grams, and to secure additional resources. pave the road for federal support. mately rest. Such a system also avoids Involving the CONCLUSION Finally, major revisions in the organiza­ government in making grants-In-aid for tion and administrative systems of local operation. This Is the principle used by The enactment of S. 3408 Is thus strongly government are essential. The present ap­ NDEA, Merit, and numerous other fellow­ advocated. It will help greatly to strengthen paratus was designed for a rural-and, from ship programs, although in many cases the our Federal system of government. It will a technological standpoint, a prlm!tlve-­ supplement Is Insufficient. foster public administration at the munici­ soc!ety. A glance at the attached Commu­ pal and county levels capable of discharging nity Organization Complex Char'; makes It Two additional elements are important in the leadership and operational responsib!l!­ cooperative endeavors to upgrade public abundantly clear that the achievement of t!es required for local self-government and efficient urban administration and of effec­ service personnel and to modernize struc­ for achieving effective partnership with tures and methods of administration: (1) tive partnership among local, State, and State and Federal governments. Federal organizations requires wide-scale professional associations of public officials But the implementation of S. 3408 wlll and (2) foundations. local government modernization. be seriously handicapped without the estab­ The Committee on Economic Development Much has already been achieved in fed­ lishment by universities of programs or (CED) has recently issued a policy statement eral-state-local coordination through func­ schools of professional education In the entitled "Modern!z!ng Local Government." tional associations which enlist officials of major public service fields. Otherwise there This report prepared by the CED's Committee all levels. Examples of these are the Ameri­ wlll not be qualified places In which to con­ for Improvement of Management In Govern­ can Public works Association, the American duct the more advanced and difficult tra!n­ ment under the chairmanship of the Hon­ Public Welfare Association, the Public Per­ !z:g contemplated under S. 3408, nor w!ll the orable Marlon Folsom provides a practical sonnel Association, the American Society of necessary network of professional schools handbook for such modernization. Federal, Planning Officials, the National Association be created to recruit and prepare the best State, and local governments all have roles of Housing and Redevelopment Officials, and of the Nation's youth for Federal, State, and to play in creating a better system. Inter­ many others. They need to foster programs local government service. governmental cooperation Is essential. The of professional education as well as assist S. 340f w!ll stimulate Federal, State, and report Is thus an important one for the con­ in carrying out the provisions of S. 3408. local action to improve personnel admin­ sideration of the Subcommittee on Intergov­ Foundations are essential initiators of new istration and to support in-service training. ernmental Relations.

APPENDIX A THE COMMUNITY ORGANIZATION COMPLEX-FEATURING AGENCIES ESPECIALLY RESPONSIBLE FOR COMMUNITY AND REGIONAL DEVELOPMENT AND ACTION Public leadership Voluntary leadership Focal Point Focal Point (A) Mayor and Council (H) leadership Agency for Community Development and Rennaisance mg~~u~i:~afoe(u:i,~i;f a~~mi~~~~:1:r g~~:~~=~r~:;~~~i~s Action, and Inter-governmental Coordination (I) Health and Welfare (Community) Council or Association (D) City Planning Director (E) Budget Director (J) United (Community) Fund

(l) (M) (N) (0) (P) (Q) (R) (S) (T) Traditional Public Works­ Urban Trans­ Urban Renewal Council or Voluntary Agency Agency for Area Private Business­ Traditional Volun· Municipal Engineering portation and Housing Agency for for Community Industrial (Eco· Utilities tag:ir:ncies- Functions­ Structures Agency Agency Community Development nomic) Develop­ Banks Education Operations Action Pro­ Housing ment- Community Welfare Police Services grams (Office Urban Exten· Non-profit Relations and Social Work Health of Economic sion Vo,untary Development Recreation Welfare Opportunity) Etc. and/or Officers Education Fire Public Private Developers Municipal Research Recreation Museums libraries Performing Arts Etc. Minority Group Agencies Religious County and Region Organizations

(U) Cowe7r~r~~~~~\t~i:h:~~t~~~i~~:.~~~~ Action, Urban Renewal, Education, Police, (V) Regional or Melto{>Olitan Consultative Organization : Administration, Planning, Develop· (X) Suburban Communities : Admin istration, Planning, and Programs and Services (Gen· men!, Coordination, Community Action, Operations erally similar to Central City) (W) Regional Authorities: Administration, Planning, Operations (Z) Federal Regional Services Related To Above (Y) State Regional Services Related To Above

Source : Graduate School of Public and International Affairs, University of Pittsburgh.

DffiECT ELECTION OF PRESIDENT The most overriding weakness is the The recent memory of a duly chosen AND VICE PRESIDENT continued existence of the electoral col­ elector who disregarded clear public Mr. RIBICOFF. Mr. President, I have lege. This institution is an anachronism mandate to cast his vote for someone joined my distinguished colleague from that reflects a basic mistrust in the other than the choice of his State is a Indiana, Senator BAYH, in sponsoring a ability of the American voter to decide blot on our election system. We can no joint resolution to amend the Constitu­ who should be President. Its very exist­ longer condone this loophole in our de­ tion by providing for the direct popular ence violates the spirit of our democracy. mocracy. election of the President and Vice Presi­ The American voter needs no assist­ Numerous suggestions have been put dent. ance in selecting a President. He needs forward to revise the present system. But The events of 1968 have shown us the no agent to cast his ballot. Throughout the only meaningful change is an amend­ dangers and pitfalls of the present elec­ our Nation our citizens vote directly for ment to abolish the concept of electoral toral system. Now, with almost 4 years selectmen, county officials, Congressmen, votes completely. The only votes that before the next presidential election, and Senators, and Governors. It is ironic and should count in our Nation's most im­ without the attendant pressures of an demear.ing to our society that the Amer­ portant election are those cast directly election year, we must act to correct the ican voter cannot cast his ballot directly by the individual voter. weaknesses and inequities in the system. for the two highest offices in the land. An amendment providing for direct January 27, 1969 CONGRESSIONAL RECORD- SENATE 1863 popular election will avoid the possibility the article, entitled ''Hickenlooper Says If Blockton had been any more than five of a President being elected on the basis 'Farewell,' " be placed in the RECORD. miles from the Missouri border, It is doubt­ ful if Bourke IDckenlooper could have of fewer votes than his opponent. Our There being no objection, the article claimed to have been out of Iowa until he Nation can no longer tolerate the incon­ was ordered to be printed in the RECORD, was 20 years of age. sistency in our system that allows a as follows: He was 20 when he made his first long candidate to win over an opponent who HICKENLOOPER SAYS FAREWELL: ONLY ONE trip to Richmond, Va., where he attended has more votes. IOWAN HAS SERVED LoNGER IN THE U.S. a national convention of his University of Recent analyses have proven that the SENATE Iowa college fraternity, Sigma Phi Epsilon. electoral college system discriminates (By Clark Mollenhoff) On the same trip he ma.de his first visit against the voters of some States. Be­ WASHINGTON, D.C.-The cavernous gray to Washington, and the son of a small town office safe is empty and the walls of the fifth hardware merchant kept traveling. After re­ cause most States count all of its elec­ floor office are stripped bare of the mementos ceiving his bachelor of science degree he toral votes in the column of the candi­ of 24 years Bourke B. Hickenlooper served in joined the Army as a second lieutenant, and date with a plurality, the voters in States the United States Senate. in 1917 went to France with a field artillery with large electoral blocs have more Today the 72-year-old Iowa player will bow unit. power to decisively affect the outcome of out of the Senate after nearly a quarter of a PRACTICED LAW a national election. century in which "Hickenlooper of Iowa" was After graduating from law school In 1922, This simply is not fair. We in Con­ recognized in Washington and throughout Bourke practiced law In Cedar Rapids until the world. 1934 when he was elected to the Iowa House. gress have made great strides in enlarg­ He is a little heavier and somewhat slower Two two-year terms in the Iowa House were ing the franchise and protecting the moving than he was 15 or 20 years ago, but followed by two terms as lieutenant-governor, right to vote. We ought to take a further there is remarkably little change in the face and one term as governor before he was step and insure that this power of the or the demeanor of the man who has served elected to the Senate In 1944. ballot is an equal power. By amending longer than any other political figure in the Although he Is regarded as a conservative the Constitution in favor of direct pop­ last half-century. Only former Senator Wil­ Republican. mckenlooper pushed the first ular election of the President we can liam B. Allison, a Republican who served a.Id to dependent children program through give life to this belief in fairness. from 1873 to 1908, served longer than Iowa at a time when the Hawkeye state was Hickenlooper. one of only two states without ADC STARTED IN 1934 programs. When he relinquishes his seat today to In the Senate, ffickenlooper has regarded IIlCKENLOOPER SAYS FAREWELL-­ Senator-elect Harold Hughes, a Democrat, himself as "for social programs that can be ARTICLE BY CLARK MOLLENHOFF Hlckenlooper will end a public career that properly administered and do not create de­ started when he was elected to the Iowa pendency." Mr. MILLER. Mr. President, on Jan­ House In 1934. In recent years he has been distressed by uary 3, my senior colleague from Iowa, Although mckenlooper, the third ranking "the lack of standards and the la.ck of safe­ Republican in the Senate, made a decision guards" in the laws providing for foreign aid Bourke B. Hickenlooper, voluntarily and for a broad range of poverty programs. bowed out of a distinguished career of not to seek re-election because of a possible tough Republican primary fight, he has He said he has "never been opposed to so­ public service-24 years in the Senate, found it easy to reconcile himself to the cial programs that will actually help people 2 years as Governor of Iowa, 4 years as philosophy that it was wise to retire. get on their feet." Lieutenant Governor, and 4 years as a His time in office spanned the administra­ "I do oppose these open-ended giveaway State representative. tions of five presldents--from Franklin D. programs that have no standards and a.re an In these 34 years, Senator Hicken­ Roosevelt through Lyndon B. Johnosn-and invitation to mismanagement and corrup­ he was intimately acquainted with Iowa-born tion," ffickenlooper said "It is bad govern­ looper gave his State and the Na­ ment.0 tion dedicated, principled, bard-working President Herbert Clark Hoover and Presi­ dent-elect Richard M. Nixon. AGAINST FRAUD service. "Service Above Self" was his Although the late Senator Brian McMahon It Is on the same basis that Senator IDck­ motto, and It was only natural that per­ (Dem., Conn.) has the technical title of the enlooper said he has periodically questioned sonal integrity was his reputation. first chairman of the Joint Congressional the amount of foreign aid or the laws under A firm believer in the constitutional Committee on Atomic Energy, McMahon which foreign aid was being administered. institutions and safeguards of our Gov­ never actually served as chairman in late While he usually ended up voting in favor ernment, he sought progress for our peo­ 1946, and it was Hickenlooper who headed of foreign aid, his objections were "based on ple on a sound and lasting basis. He be­ that important congressional body in Jan­ the need for better management and more uary, 1947, as the first active chairman in safeguards against frauds." lieved strongly in the preservation of the dawn of the nuclear age. He has con­ In his period of time in the Senate, he has States rights consistent with the exer­ tinued as a senior member of that commit­ most resented "the oversimplification" by cise by the States of their responsibili­ tee In the 22 years It has been in existence. various groups in analyzing votes in Congress. ties, and he felt keenly about the It has been a period of controversy, with "Votes against poverty programs or other excessive concentration of power in triumps and a few stinging defeats. He was social programs a.re too often pictured as Washington to the detriment of the via­ allied with Gen. Leslie R. Groves, head of the votes against poor people when in fact those bility of the States. Manhattan Project, in pushing for further votes are an attempt to get some common nuclear developments in the period immedi­ sense into a program so poor people w1ll be His Senate career spanned the ad­ ately following the explosion of the first benefitted," IDckenlooper explained. ministration of five Presidents, and he atomic bombs. In the same manner, Hickenlooper said was often called upon by these leaders Later, mckenlooper was allied with other votes against foreign a.id are too often char­ of our country for his wise and well­ congressional leaders In forcing the Navy to acterized as "a return to. isolationism and informed counsel. He well understood promote Hyman Rickover from captain to a retreat from world responslblllty, when in that compromise is the art of the legis­ rear adxnlral and from rear admiral to vice­ fact It Is simply an effort to get better man­ lative process, but fundamental princi­ admiral. agement into these programs." ples of good government were not within NUCLEAR POWER In Senator IDckenlooper's first yea.rs in the his area of compromise. Rickover, a tough, bright and outspoken Senate, the great bipartisan figure was the advocate of nuclear power tor submarines late Sena.tor Arthur Vandenberg, a Michigan As ranking Republican on the Senate and surface vessels, periodically found him­ Republican, who was an Important figure In Foreign Relations Committee, he con­ self In bitter battles with the "battleship getting Republican support for President stantly devoted his energies to the search admirals" and political clvllla.ns at the Truman's first foreign aid program, the Mar­ for a just and lasting peace within the Pentagon. shall Plan. family of nations. At the same time, this Rickover has periodically paid tribute to In more recent years, mckenlooper has was carefully balanced by his recogni­ Sena.tor mckenlooper as a leader In Congress been regarded as "Kennedy's Vandenberg" tion that the security of our country In forcing the executive branch to move for­ and later as "Johnson's Vandenberg." ward with the nuclear submarine program Because of opposition of the Vietnam War must never be compromised. He was not and later the nuclear surface ship program. by Foreign Relations Committee Chairman J. one to take the hard line of belligerence, While Hlckenlooper's role In the develop­ William Fulbright (Dem., Ark.), mcken­ but, rather, the firm line of straight­ ment of nuclear power was of historic signif­ looper was often the strongest supporter that forward commonsense. icance, his role in the foreign affairs field either Kennedy or Johnson had on the On January 2, the distinguished Wash­ was even more important in recent years. committee. ington reporter for the Des Moines Reg­ The boy who was born and reared in the NO PATSY little town of Blockton, Ia., toured more than It was a title that Senator mckenlooper ister, Clark Mollenhoff, wrote a fitting 65 countries and talked with presidents, wore uneasily, for he was wary of being the summation of the public life of the man prime ministers, and kings in his role as Republican patsy for a Democratic admin­ known far and wide as "Hickenlooper ranking Republicans on the Senate Foreign istration. He managed to handle it with just of Iowa." I ask unanimous consent that Relations Committee. enough wariness that he was usually able to 1864 CONGRESSIONAL RECORD- SENATE January 27, 1969 give the Democratic administration support LET THERE BE NO MORE are to be condemned for this risky intelli­ against the most vociferous doves without "PUEBLOS" relinquishing his right to criticize. gence collecting operation just outside Hickenlooper's periodic rose garden walks . Mr. YOUNG of Ohio. Mr. President, it the 12-mile limit back and forth along with President Kennedy were an important is of utmost importance that President the coast of North Korea at a time when part o! American foreign policy In the 1961- Nixon, as Commander in Chief of the we were so heavily involved in a major 63 period. The personal relationship was ex­ Armed Forces of the United States, di­ war in Vietnam and Thailand. It is evi­ cellent and Hickenlooper "trusted his (Ken­ rect a complete separation of the opera­ dent not only that it was ill timed but ~ii.z:s> motivations and liked him as a per- tion of our spy or intelligence collecting poorly planned. "I had some serious reservations about his ships from the U.S. Navy, even to the ex­ As a Member of the Armed Services maturity and his judgment from time to tent of honorably discharging enlisted Committee of the Senate, I am asking time, but I never doubted his good inten­ men, and encouraging some officers to for a complete investigation of this en­ tions," Hickenlooper said. resign from the Navy. tire affair from its inception to the dis­ President Johnson has been another case. The Pueblo operation was a disgrace graceful moment that a commanding of­ While Hickenlooper has given general sup­ ficer of an armed U.S. naval warship port to the stated alms of the administra­ from the outset to the moment that Com­ mander Bucher without offering even suffered his ship to be boarded and cap­ tion In Vietnam, he has been constantly wary tured without firing a shot, without mak­ of fast political dealings. a show of resistance suffered the North Even as he criticized the "unrealistic Korean boarding party from a small ing even a show of resistance and without doves" of the Senate, Senator Hickenlooper North Korean naval vessel to back even removing the covers from the .50- has usually voiced his own sharp differences against our armed naval vessel and board caliber guns on the forward deck of the with the Johnson admln!stratlon on the and capture it without any resistance Pueblo and in plain view of the officers manner In which the war was being !ought. whatever. During 2 hours of harassment and men of the small boats of the North BOMB PAUSE preceding that, Commander Bucher Korean Navy surrounding the Pueblo One of the most disappointing aspects of never even had the covers removed from and threatening its officers and men. the Johnson administration's performance the ship's .50-caliber guns, nor did he There must be an investigation of this was In the period Immediately prior to the proceed out to sea away from about 13 sordid affair. There are so many unan­ election, Htckenlooper related last week. miles off the coast of North Korea at swered questions. Why, for example, Hickenlooper said that while there were should an American ship engaged solely numerous rumors o! a possible bombing full speed. pause just before the election, he received a The first lesson that officials of the on a CIA operation be commanded by a call from an unnamed high figure In the executive branch of our Government U.S. Naval Reserve commander then on Johnson administration assuring him there must take to heart from this is that we active duty? Spying is and always has would be no bombing pause. must without delay completely separate been an operation conducted by either Hickenlooper said he had some reservations the operations of all our intelligence col­ civilians or by men who are ostensibly about the assurances at the time, but since acting as civilians and have been sepa­ there was no way to effectively challenge lecting factories, such as the sister ships to the Pueblo and others, from the U.S. rated from duties as army or naval offi­ such a private assurance merely accepted It cers. Furthermore, we have a duty to as­ With "thanks." Navy. The Soviet Union has at this time "The announcement of the bombing pause more than 100 spy or intelligence collect­ certain from the admirals of the u .S. a few days later did not surprise me, but It ing vessels. They are in evidence at prac­ Navy the reason for their failure in mis­ certa!nly did disappoint me to find such mis­ tically all times off the coast of the informing the Armed Services Commit­ representations being made by high level United States and wherever and when­ tee of the Senate as to the facts surround­ spokesmen on such an Important matter," ever on the seven seas U.S. warships are ing the mission and the capture of the Hickenlooper said. maneuvering, engaging in target prac­ Pueblo. Hickenlooper said, "There IS no point In Last year at 2:30 p.m. on Tuesday af­ identifying the man at this time." At the tic_e or mock combat maneuvers. The spy proper time, he expects to try to make ava!l­ ships of the Soviet Union are disguised ternoons we on the Armed Services Com­ able more deta!ls of the unwritten story of as fishing trawlers. Many, probably most mittee of the Senate listened sometimes his years In Washington. of them, have no fish nets whatever nor for as long as nearly 2 hours to highly Dozens of cartons of Hlckenlooper's other strictly fishing equipment. All of secret intelligence briefings, usually made papers have been sent to the Herbert Hoover them are equipped with radar and high­ by officers of our armed services. Follow­ Library at West Branch, Ia., where they will ing the capture of the Pueblo, in one of be available for examination by students and ly sensitive detection devices for under­ water surveillance as well as listening­ these highly secret briefings I recall the authors Interested In the early years of the officer telling the fact, or at least he al­ Atomic Energy program and the tumultuous in devices. They are everywhere in evi­ story of _foreign affairs In the period since dence. leged his statements to be facts, that World War II. A~ the time of the Pueblo's capture, only one of the 83 officers and men Senator Hlckenlooper finished the last bit Soviet trawlers were operating beyond aboard the Pueblo was killed. He stated of discarding of papers from his desk late our 3-mile limit off Norfolk, Charleston, that in destroying highly secret and clas­ Tuesday, and tossed aside two copies of a Guantanamo Naval Base, Cuba, and var­ sified material and instruments an explo­ small brown covered history of "Mormon­ sion blew off the leg of this one crew­ town"-the early name of Blockton. ious ocean areas off our Pacific coast from San Diego to the Alaskan waters. member. He later died. NO MENTION If the commanding officers of these Now Commander Bucher testifies that The llttle history was printed In 1961 at Russian trawlers, so-called, are in fact small arms fire from the North Koreans the time of the centennial for the l!ttle Tay­ officers of the Nayy of the Soviet Union mortally wounded this crewmember. We lor County vmage. It contained no note on that is entirely unofficial and secret. We must h:i.ve the facts. Otherwise, what the boy from Blockton who served as Iowa's reliance can we place on such briefings? governor and U.S. senator. must follow the example of the Soviet There was only one small picture of a teen­ Union. Our 10 or more intelligence col­ My conclusion is that this briefing re­ age boy and a huge black setter dog cap­ lecting, or spy, ships must be com­ garding the Pueblo involved a waste of tioned simply, "Bourke B. Hlckenlooper and manded and staffed with officers and our time. It was inaccurate in my judg­ his dog." crew being civilians and paid by the ment on many counts. Even the chart Hickenlooper Is saving the two small cen­ Central Intelligence Agency as civilians. displayed on the screen referred to the tennial pamphlets for his two children, not True, the commanders and executive of­ U.S. warship "Pubelo". because they tell any great story about their ficers and most of the seamen would un­ Now, many citizens write that Com­ father but to demonstrate "It takes quite a mander Bucher should be awarded a bit to impress some of the folk!! down there doubtedly be men whose past records as In Blockton." officers and enlisted men of our Navy medal. A medal for what? Let us think Senator Hlckenlooper who will have a pen­ have been excellent, during their period of John Paul Jones, Decatur, Preble, and sion of more than $20,000 a year has had a of former service in our Navy. Capt. James Lawrence, of the 44-gun number of offers to join law firms In Iowa Director Helms of the CIA, replete with American frigate Chesapeake, mortally and Washington, but has made no decision a sad record of blunders such as the U2 wounde1 when his frigate was boarded on the future. Mrs. Verna Htckenlooper has affair and the poorly planned Bay of by officers and men of the English 44- a serious heart condition that In recent gun frigate Shannon outside of Boston weeks has confined her to her bedroom. Pigs operation, must bear the responsi­ Hickenlooper said he will delay any de­ bility for the disgraceful Pueblo disaster. oceanfront in 1813 at a time when h& cision on whether to remain In Washington It is evident that this was an unnecessary was valiantly seeking to repel the Brit­ or return to Iowa unt!l after Mrs. Hicken­ and an ill-timed operation from the out­ ish boarding party. The last words of looper's health has !mproyed. set. He and the admirals of our Nayy Captain Lawrence as he was carried be- January 2 7, 1969 CONGRESSIONAL RECORD- SENATE 1865 low deck mortally wounded were, "Don't suring that the private interests of a out in an excellent article in this morn­ give up the ship." high government official will not have an ing's Baltimore Sun, we are operating During the War Between the States improper influence on his decisions in under a double standard, since there is no and down through World War II, no matters of public policy. requirement for public disclosure of out­ warship of our Navy was ever captured In the case of men entering Cabinet side income and holdings by Senators, or sunk or scuttled without a fight. Fur­ posts, stringent rules have been applied, much less any rule requiring us to divest thermore, of thousands of Americans im­ as a condition of confirmation, to pre­ ourselves of any holdings which might prisoned and on numerous occasions tor­ clude potential conflicts of interest. raise conflict-of-interest questions. tured by the Japanese in World War II, These nominees have opened their per­ I have discussed in the past the im­ following the death march from Bataan, sonal accounts to close public and con­ portance of removing this double stand­ and elsewhere, no one, but no one, ever gressional scrutiny, and have been re­ ard, and of giving the public the facts on knew of an officer of our Armed Forces quired either to divest themselves of which to weigh any potential or apparent or of an American civilian taken captive certain holdings, or to place their funds conflict of interest on the part of Mem­ signing a confession or statement de­ in blind trusts for the duration of their bers of Congress as well as executive offi­ nouncing his country. public service. cers of the Government. Last year Mrs. North Korea has a nonaggression In the case of men leaving the Govern­ Mathias and I made full public dis­ treaty with the Soviet Union. According ment for private posts, we are now con­ closure of our own assets and the sources to the provisions of this treaty the Soviet fronted with the difficult case of the and amounts of our outside income dur­ Union is obligated to send its armed Department of Transportation's approv­ ing my entire period of service in the forces to the aid of North Korea in event al of a $25.2 million mass transit grant other body. I intend to bring this public another nation attacks that country. to the Illinois Central Railroad shortly report up to date this year, and will also This nonaggression treaty is similar to before the former Secretary of Transpor­ press for legislation to strengthen the that our Nation has with West Germany. tation left that office to become president Senate rules by requiring public dis­ The fact that North Korea indulged in of the Illinois Central. In this instance, closure by all Senators. more than twice as many intrusions into Secretary Boyd did refuse to become in­ Mr. President, this is a field in which the demilitarized zone in 1967 than dur­ volved in that application, precisely to there are no easy answers, and only hard ing the previous year was an insufficient avoid any conflict-of-interest possibili­ thought can produce sound policies. I reason for CIA officials to undertake this ties. But his action, while well moti­ hope that the appropriate committees risky surveillance operation by the vated, left only the unsatisfactory alter­ will take up these problems without Pueblo along the North Korean coast for native that he effectively abdicated his delay. more than 10 days and nights at a time departmental responsibility to review the I ask unanimous consent to include in our Nation was heavily involved with largest single mass transit grant made the RECORD at this point the article from more than half a million of our Armed to date by DOT. Secretary Volpe has today's Baltimore Sun which I referred Forces in and off the shores of Vietnam properly initiated a full review of this to above. and Thailand. In drifting with the en­ case. There being no objection, the article gines off the CIA technicians on board These events have emphasized the size was ordered to be printed in the RECORD, the Puebk> could no doubt better inter­ of the challenge we face in trying to as follows: cept the messages and radio communi­ make more sense out of a tangled and SENATE DoUBLE STANDARD REVEALS cations, and the closer the Pueblo was often grey area of policy. Our task is lTSELP ONCE AGAIN to the shore the more information could made more difficult by the human fac­ (By Joseph R. L. Sterne) more easily be obtained. In this period of tors involved, such as the fact that Cab­ WASHINGTON, January 26.-The Senate's our radio silence it was assumed and inet officers and other high officials have double standard was showing once again dur­ hoped at the Pentagon and at the CIA to earn a living and feed their families ing the ritual leading to last week's confirma­ offices that orders not to intrude further after they end their Government serv­ tion or the Nixon Cabinet and the new deputy than 13 miles off shore had been fol­ ice, and must become job seekers as their defense secretary. lowed. iiorth Korean authorities claimed terms expire. Executive branch officials, one arter the the Pueblo had intruded into their ter­ In my judgment, we should review the other, paraded before Senate committees to ritorial waters and on some occasions current laws, enacted in 1962, governing discuss how they planned to divest them­ selves to certain holdings or to establish was but 5 or 6 miles from the nearest the business activities of former public North Korean island. officials and those who, while still in trusts in order to avoid confilct or interest. It is certain that both the United office, are considering private offers. For NO SUCH REQUIREMENTS States and the Soviet Union will con­ example, we should consider legislation Sitting in Judgment were lawmakers who to require that any relevant employment have imposed no such requirements on them­ tinue to employ spy ships. In view of selves. the Pueblo blunder, our Nation must de­ offer made to an official with jurisdic­ tion over any case, application or con­ The new Senate ethics code will require vise a new policy for handling any future senators to fl.le public statements listing cam­ incidents like that of the Pueblo. Spying tract award should be made part of the paign contributions they have received for is a risky business. The risks ought to be public record of that matter. the first time this year. By May 15, they will well considered in advance. This would be similar to proposals also have to fl.le with the comptroller gen­ There must be no more Pueblo incidents. long pending to include in the public eral-but not for public scrutiny--coples of The Congress and President Nixon record of every case before an adminis­ their income t ax returns and lists of their should give priority to straightening out trative agency a full report on all writ­ assets and 11ab1Ut1es. and reforming our Central Intelligence ten and oral communications about the But there was never any serious move dur­ case from Members of Congress and all ing last March's debate on the new ethics Agency and its spying operations. Com­ code to require the divestiture of holdings mencing with President. Eisenhower other outside parties. that might arouse confilct-of-interest ques­ there has been a pattern of CIA blun­ Other amendments might be in order tions. ders, humiliating to our Presidents and as well. MOST IMPORTANT REASON to the American people. Will President Second, we should develop more clear And given the present mood of the Senate, Nixon be the next to be afflicted by some and consistent standards for incoming no such move ls in prospect. horrendous CIA blunder? Let there be officials. This month various committees Perhaps the most important reason for no more Pueblos. have required one step for one nominee this st at e of affairs is the sincerely held and a different course for another, de­ belief in some Senate circles that a double pending on the size of the holdings in­ standard is Just ified. volved and the degree of concentration A senator h as to answer for his conduct in CONFLICT-OF-INTEREST RULES primary and general elections, it is argued, SHOULD BE REVIEWED of one's capital in a given industry. More consistent rules would be helpful both to while members of the executive branch face Mr. MATHIAS. Mr. President, the cur­ this body and to all individual citizens no such cleansing process. rent transfer of power from one admin­ Legislators, with rare exceptions, are con­ who will have to measure the financial fined to the establishment of broad, general istration and one group of Cabinet of­ impact of possible Government service policy, while adm1n1strators have a direct ficers to another has reopened discussion in the future. control over the awarding of contracts. of the complicated question of conflicts Finally, the current cases raise ques­ And there is a theory that the whole legis­ of interest. Several cases have spurred tions reaching beyond the executive lative process quite rightly involves an inter­ us to reassess the current ways of in- branch. As Joseph R. L. Sterne pointed play of confilct among geographical areas and 1866 CONGRESSIONAL RECORD- SENATE January 27, 1969 economic groups from which a lawmaker troversial Nixon appointees-Walter J. Hickel, The BILL CLERK. A motion to proceed cannot and should not stand apart. the Secretary of the Interior; David Packard, to consider Senate Resolution 11, to KERR AND WILLIAMS the Deputy Secretary of Defense, and David M. Kennedy, the Secretary of the Treasury. amend rule XXII of the Standing Rules The late Senator Robert S. Kerr (D., Mr. Hickel quickly eliminated personal of the Senate. Okla.), one of the most powerful Senate op­ financial conmct of interest in his case by The VICE PRESIDENT. without ob­ erators in modern times, felt no compunc­ promising to divest of certain holdings­ jection, the Senate will resume the con­ tion about voting for oil-depletion allowances particularly a $1 milllon investment in nat­ despite his own large oil holdings. He figured sideration of the motion to proceed to ural gas pipelines-In whatever way the the consideration of the resolution. the people In his o!l-rlch state wanted the Senate Interior Committee might direct. depletion allowance and believed his holdings But he aroused controversy_ln his attitude Mr. MANSFIELD. Mr. President, I would make him fight zealously for them. toward conservation. ask unanimous consent that I may sug­ The opposite of the coin is represented in "I am afraid that Governor Hickel as Secre­ gest the absence of a quorum, without Senator John J . Williams (R., Del.), a self­ tary of the Interior, would be tempted to re­ losing my right to the floor. appointed watchdog of ethics in government, move the reins from unlimited private ex­ The VICE PRESIDENT. Without ob­ who will not accept any federal agriculture ploitation of our natural resources," declared benefits for his farm even though he does jection, it is so ordered. The clerk will Senator Alan Cranston, (D., Calif.). call the roll. not object to his colleagues obtaining sub­ "I do not suggest that he would do so in sidies on the same basis as the ordinary order to further his own interests. .. . Rather, The bill clerk proceeded to call the cLtiZen. I fear he would tend to favor freer commer­ roll. Although there have been a few rare ap­ cial exploitation In the belief that doing so Mr. MANSFIELD. Mr. President, I ask peals to force senators to divest themselves would further the national Interest." of holdings in a manner comparable to re­ unanimous consent that the order fnr Similarly in the David Kennedy case, most the quorum call be rescinded. quirements for Cabinet officials, there has personal financial questions were removed been a growing demand for mandatory dis­ when the Treasury Secretary a.greed to get Mr. President, the winds of change are closure of financial assets. rid of most of his holdings 1n the Continental blowing throughout the world, through­ During last year's ethics debate, for ex­ Illinois National Bank. out the Nation, and throughout this Sen­ ample, a proposal to require public state­ This, however, failed to relieve misgivings ate. We will face up to this fact, recog­ ments failed by a vote of only 40 to 44. in some Senate quarters that Mr. Kennedy, nize it, or be blown away by it. MORSE SPOKE OUT because of his background, would be overly Change is in the air, and we cannot One of the blunter attacks on the present concerned With the banking industry itself. avoid it much less ignore it. New voices secrecy was made at that time by former Senator Albert Gore's lone vote against Da­ vid Packard was based on his belief that are being heard and they will and should Senator Wayne Morse (D., Ore.). be listened to. If they are not then I warn "The Congress continues to be the one there was a financial conflict of interest In branch of the federal government where the decision to permit the deputy defense the Senate that in tim&-in my opinion, public confidence in honesty and ethical secretary to retain-in a trust he will not a short tim&-the principle of majority practices has never been firmly earned and control-a $300 million investment 1n the rule to invoke clotur&-which I do not probably not deserved," Mr. Morse declared. electronic company he founded. favor-will become a fact and the basic "It is the fault of the Congress itself." Yet the Tennessee Senator publicly, and character of the Senate as a deliberative "We have written statutes to codify other senators privately, questioned whether body, and I stress the word "delibera­ ethical practices in the executive civil serv­ a man whose whole life had been spent in the tive," will be a thing of the past. If that ice, and among the judiciary. But we have "military-industrial complex" could bring neither statutes nor codes for standards of a broad, dispassionate attitude to the Penta­ happens, and it can and will happen un­ Congress in which the public can have any gon. less some of us change our rigid posi­ confidence. In dealing with other Nixon appointees, tions, this institution, unique among all "It would be impractical to apply the Senate committees continued to apply strin­ the parliamentary bodies of the world, same statutes to Congress as apply to the gent rules. protected to a degree from the public civil service, since there is no tenure in Con­ LITTLE MENTION pressures of the moment, will be changed gress . . . but there ls one protection which Willlam P. Rogers, the Secretary of State, fundamentally and in a way detrimental we continue to deny the public. It is the was told to sell his shares 1n Flying Tigers to the best interests of the Republic and knowledge upon which to pass the judgment Airlines, an overseas freight-hauling com­ the Senate. of public opinion." pany. John A. Volpe, the Secret ary of Trans­ Countering these arguments was the ob­ portation, sold his interest In the construc­ Last week the vote was 45 to 53 on the servation by Senator Karl E. Mundt (R., S.D.) tion company he founded. Maurice H. Stans, appeal from the cloture ruling which that not even presidential appointees have the Secretary of Commerce, placed his Invest­ was made by the former President of the to disclose their financial position publicly. ment portfolio in the hands of a "blind Senate, Mr. Humphrey. On the basis of They merely have to file confidential memo­ trust." George Romney, the Secretary of 100 Members voting, it would seem that randa with the Civil Service Commission and Housing and Urban Development, continued the Senate was not more than five votes the Senate committees dealing With their the trust arrangements he set up as Governor confirmation. away from sustaining the chair. As com­ of Michigan. pared with the last test on this issue, Senator Everett M. Dirksen (R., Ill.) fre­ And so it went, With hardly a senator men­ quently told newsmen during that period tioning the double to be their own judge the vote represents a probable increase of that he did not favor public disclosure be­ in handling their own financial affairs. eight in favor of a rules change by ma­ cause he had not sought public office "in Senator Charles H. Percy (R. Ill.) said he jority vote at the outset of the session. order to become a second-class citizen." had lost "many hours of sleep" wondering When a similar maneuver was attempted One reason for the obvious Senate em­ if he should vote on the Packard nomina­ in 1967, the vote was 37 to 61. barrassment over "confilct of interest" lies tion since Mr. Packard headed a firm com­ perhaps in the phrase itself. In my judgment, a majority procedure petitive to Mr. Percy's old company, Bell & to bring the issue of rule XXII to a vote CONFLICTS OF ATTITUDE Howell. has gained favor because of a certain It literally evokes an image of a senator But Senator Percy never raised the ques­ rigidity of attitude which still exists in casting a vote or using his office for his per­ tion of whether he should divest himself of the Senate on the question of cloture. sonal financial gain, but in actual political his Bell & Howell holdings before voting use, it h as been applied rather carelessly to on defense appropriations that are at least It exists notwithstanding the fact that much less reprehensible conduct. of indirect benefit to that company. two-thirds cloture has been invoked four For in addition to literal conflicts of in­ times in the past 8 years and without terest, government by its very nature pro­ calamity in the Senate. On the contrary, vokes conflicts of obligation and conflicts of CONCLUSION OF MORNING these four actions have helped to keep attitude. BUSINESS the Senate attuned to national needs. The conflict of obligation can be seen when It seems to me that if Senators would senators promote projects that are helpful to Mr. MANSFIELD. Mr. President, is their constitutents (or some of their con­ there further morning business? view cloture for what it is, a sensible stituents) but may be contrary to the na­ The VICE PRESIDENT. Is there procedural method for bringing discus­ tional interest. further morning business? If not, morn­ sion to an orderly close in 100 hours at The conmct of attitude deals with the in­ ing business is closed. a reasonable point in a prolonged debate, clinations or training of public officials. If a then the present rule XXII would not man is a liberal or a conservative, a business­ have to be changed at all. The two­ man or a farmer, a conservationist or a cold AMENDMENT OF RULE XXII warrior, his attitudes may be regarded in hos­ thirds requirement for cloture would t!le quarters as contrary to public interest. The VICE PRESIDENT. The Chair then perform the legitimate function The last conmct was very much in evidence lays before the Senate the pending busi­ of delaying a vote until-not a bare during Senate consideration of three con- ness, which will be stated. majority-but a substantial part of the January 27, 1969 CONGRESSIONAL RECORD-SENATE 1867 Senate's membership was satisfied that other kind of parliamentary buffoonery stead of the present two-thirds, to close debate. I have always favored this proposi­ the issue was fully understood and or quackery. The only rational remedy tion-not because I bel!eve that there ls was prepared to vote one way or the under the present rules remains the pro­ anything magical about the choice of three­ other. At the same time the two-thirds cedure of cloture. fifths but because I feel it draws an equitable reauirement would be sufficient to pre­ In my judgment, it is the factor of rigid balance whlle stlll protecting the rights of a vent a determined minority from inter­ opposition to cloture in all forms which minority position in the Senate. posing for years on end a Senate rule has done much to bring the requirement I very strongly urged this change In the between a Senate majority and the Con­ of a two-thirds vote greatly into question. past. I must admit, however, that with the stitutional duty of the Senate to make It has led many Members to consider, as achievement of the Civil Rights Acts of 1964 and 1965 a great deal of the urgency for this its contribution to the resolution of the a remedy, a three-fifths cloture or even a change has been removed. Nevertheless, I issues which confront the Nation. majority cloture. As one who has favored stlll feel that a three-fifths rule would strike In my judgment, legislative questions modification to three-fifths, it seems to a proper balance between the present two­ which generate great emotion through­ me that unless the present rigidity gives thirds requirement and a more far-reaching out the country and which affect the way it is only a matter of time until rule proposal. The present three-fifths resolution fundamental structure of our society XXII will be changed. Unless the stereo­ would preserve the essential nature of the should be resolved only after a wide­ typed view of cloture as some form of Senate as an institution and Its adoption spread and prolonged educational cam­ should put to rest the biennial parliamentary "gag" is replaced by its acceptance as a parlor games which open each new Congress. paign. Extensive consideration serves not rational procedure, a drastic action such But the urgency or even wisdom of adopt­ only to test the rightness of a proposed as "moving the previous question" on a ing the three-fifths resolution does not change but also to provide to those who basic rule change may well be the re­ justify a path of destruction to the Senate feel most strongly about the status quo sponse of a Presiding Officer of the Sen­ as an Institution and its vital importance In a full airing of their viewpoint. In that ate and a majority of the Members. If our scheme of government. And this, in my sense, extended debate in the Senate rule XXII is changed in this fashion-in opinion, is what the present motion to Invoke contributes usefully to stopping ill-ad­ cloture by simple majority would do. The desperation, one might say-the conse­ proponents would disregard the Rules which vised and precipitous action even as it quence could ultimately be to reduce the have governed the Senate over the years educates and cushions adjustments of requirement for cloture, not to three­ simply by stating that the rules do not exist; attitudes to essential change. fifths but to a simple majority which that untll the rules are changed to thelr Regrettably, some have not always would appear to me to be ill-advised. The liking and In the manner they choose, the seen cloture as a rational procedural de­ alternative, as I see it, is to recognize Senate is confined to oblivion. They Insist vice of this kind. Senators have been promptly the trend of increasing dis­ that their position ls right and any means known to become emotional about this comfort in the Senate with rule XXII as used ls therefore proper. I cannot agree! procedure, to castigate it as something This biennial dispute for a change In the it now stands. At this time, a compromise Rules has brought to issue the question of evil and to refuse under almost any cir­ might well be worked out which would the Senate as a continuing body. The con­ cumstances and on any issue to consider permit the adoption of a three-fifths rule sent Is really symbollc of the notion of the voting affirmatively for what bas been in this session. That, I would suggest, Senate In our scheme of government. termed by some great stretch of imagi­ might be a sensible way out of the pres­ Numerous reasons are given to support the nation "a gag rule." Even on such issues ent dilemma in which a majority of the continuity or the Senate: the fact that two­ as repeal of the one-man, one-vote deci­ Senate apparently desires a three-fifths thirds of its members carry forward from sion and the prayer amendment, where­ one Congress to the next; the !act that com­ cloture rule, but is reluctant, as I have mittees of the Senate meet even after sine in some Members may have favored the been, to take the route of a presidential die adjournment of a Congress; the fact that substantive issue, the ingrained n .. sist­ ruling and a simple majority at the out­ states themselves by their own laws require ance to the procedure has been such as set of the session to achieve it. the filling of vacancies in this chamber even to inhibit them from voting for cloture I must add that I have discussed a after sine die adjournment; the fact that the in order to bring about a vote. This posi­ possible compromise along these lines Senate itself by an overwhelming vote in tion may be consistent but consistency with various Senators on both sides of 1959 attested to the continuation of the rules is not necessarily a virtue if it denies from one Congress to the next--and 47 mem­ the aisle and I regret to say that the bers who voted for that proposal are still the functional use of about the only or­ results to date have been negligible. serving in this chamber. But these reasons, derly means of moving legitimate busi­ Therefore, in the light of the practical though compelling, have not resolved the ness in the Senate, long, long after an situation which confronts the Senate at Issue. They do demonstrate, however, that exhaustive debate has assured that the this time, it is, as it should be, the re­ the Senate as an Institution ls very different issue is fully understood. Carried to the sponsibility of each Senator to make his from the House, that its function in our extreme, a refusal by a substantial body scheme of government ls distinct and unique. own decision and to express it in the What should be considered ls whether the of Members to vote for cloture even when vote which will occur tomorrow on such a vote would accord with their posi­ motion at hand-the motion for simple ma­ cloture. jority cloture-would destroy the character tion on the substantive issue tends to re­ Mr. President, I ask unanimous con­ of the Senate as a parllamentary body. duce the Senate to a debating society Our consideration should be directed and it might well precipitate in time a sent to have printed in the RECORD a statement I made on cloture on January therefore to the destructive effect the pend­ drastic reordering of the constitutional ing procedure would have upon these dis­ structure of the Government. 18, 1967, at the time the distinguished tinct and historical features which distin­ The present cloture rule, in theory, Senator from South Dakota (Mr. Mc­ guish the Senate as an Institution. GoVERN) bad a motion pending. permits one-third of the Senate to delay First of all, the motion to cut off debate action of the whole Senate. In my judg­ There being no objection, the state­ immediately has never been used in the Sen­ ment that is not an inappropriate pro­ ment was ordered to be printed in the ate. This fact does not In Itself make the RECORD, as follows: motion improper, but it does justify ques­ cedure. A concerned minority of such tioning why the Senate has never before size on profound issues should be given STATEMENT OF SENATOR MIKE MANSFIELD, chosen to cut off debate in this manner. If great latitude so that the matter at stake JANUARY 18, 1967 a simple majority votes to sustain the avail­ may be clarified through exhaustive dis­ Mr. President, the motion of the Sena­ ablllty of this motion at this time, It neces­ cussion-in some instances, even from tor from South Dakota (Mr. McGovern) sarlly means that henceforth on any issue, demands cloture by a simple majority; at any time, and during any future session of one session to the next. However, the lt thereby denies the continuing nature of any Congress a simple majority, with a co­ practical effect of a rigidity of attitude this body. It ls imperative that all of us operative presiding officer, can accompllsh which regards cloture-even two-thirds clearly understand the full lmpllcatlons of any end they desire without regard to ex­ cloture-as some sort of inadmissible this issue. It has much more significance isting rules of process and without consid­ evil, often makes it possible for far fewer than a direct and easy way to extricate the eration or regard to the viewpoint of any than one-third of the Senate's member­ Senate from the parliamentary maze In minority position. ship to prevent a vote on substance. In­ which It finds itself now and at the begin­ Unquestionably, majority rule ls basic and deed, a score of determined Members ning of each new Congress. The questions vital to our democracy. And a simple major­ posed by this motion reach to the very heart ity should and does decide the merits of vir­ or even fewer can tie up the Senate, not of the Senate as an institution. tually every Issue raised In this body-in­ for weeke, not for months, but indef­ The underlying question ls the motion to cluding a change in our rules. But that is initely. And I will say, as I ha"e said for proceed to the consideration of S. Res. 6, a not the question here; the question is years, there is no remedy for this situa­ resolution to change rule XXII to require whether the simple majority can cut off de­ tion in around-the-clock sessions or any three-fifths of those present and voting, In- bate In the United States Senate. And be- CXV--119-Part 2 1868 CONGRESSIONAL RECORD- SENATE January 27, 1.969 cause of the earnest zeal of the advocates for ber. After all, any law is only as good as its change and liberalization of rule XXII­ a change-and their frustration in facing a observance. I think the Senate as an insti­ which, after all, is a rule of limitation prolonged debate, they insist that in this tution should continue to play this critical case debate must be shut off by a simple role on issues of this nature, when emotions and not a filibuster rule as some term it-­ majority so that a majority rightfully can are so highly charged. It provides the only it was done upon a meeting of the minds accomplish a proper change. forum where calmness, coolness and reflec­ of the leadership on both sides of the I think the issues are distinct. I simply tion may be demanded of even a majority. aisle, of which the distinguished Senator feel the protection of the minority tran­ The experience of 1964 and 1965 removes, in from Montana was a part at that time. scends any rule change, however desirable, my opinion, a grea.t deal of the sting for the The Senator will recall that the final lf attempted ln this manner. urgency of a change in Rule XXII. I do not effort which was successful at that time, The issue of llmlting debate in this body mean to say that a change to three-fifths not following a cloture vote but by agree­ is one of such monumental importance that would not strike a more equitable balance it reaches, in my opinion, to the very essence and still preserve the institution of the Sen­ ment of 72 Members of the Senate, when of the Senate as an institution. I believe it ate 1n our governmental system. At the same led by their leadership, was based upon compels a decision by more than a majority. time, there is basis for belief that such a a negotiation which the RECORD shows I believe it ranks With other fundamental limited proposal would assuage the demands was led on the Democratic side at that issues which by their very nature are elevated for further change. However, I do not agree time by the majority leader, Mr. Johnson to a level above the dictates of a majority. that the basic nature of the Senate should of Texas; by the then majority whip, Mr. This ls not a novel concept. This ls not be destroyed in reaching the end. I urge MANSFIELD of Montana; by the then heresy! Our Constitution itself specifies that each member to consider carefully the impli­ President pro tempore, Mr. Hayden of nine distinct issues shall require more than cations of his vote. I urge you strongly to a majority for adoption. The Constitution of vote against the anticipated motion to table Arizona; and which was led on the mi­ the United States ls not undemocratic! the point of order. nority side by the then minority leader, In other words, I consider the issue of Mr. DIRKSEN; and by the two other Re­ whether a Senator representing his State has Mr. HART. Mr. President, will the publican leaders in the Senate at that spoken long enough to be of such trans­ Senator from Montana yield? time, Mr. Saltonstall of Massachusetts cendent scope that it should be decided by Mr. MANSFIELD. I yield. and Mr. Bridges of New Hampshire. more than a bare majority vote. I believe this Mr. HART. I want to express my ap­ Having made that statement, a.gain I is vital for the protection of any and every preciation to the distinguished majority remind the Senator that it was after long minority-for the protection of every State leader for the thoughtful comments he large or small-it should not be taken from and careful negotiations, first as to the either. has just made. substance of what should be in that re­ It has been suggested in this debate that The Senator from Montana is not written rule, and second upon long the majority should decide the relative im­ given to extreme remarks, nor does he polishing of the wording of that rewritten portance of this issue and the sufficiency of paint scare pictures. The counsel he has rule, that the action was taken which the debate-not the minority. But giving voiced is sound. Our colleagues should­ I have just described. this choice to the minority has one redeem­ as I know they will-give thoughtful I had hoped that we would find a tend­ ing feature-the minority can never impose consideration to his recommendation. its changes on the majority. The minority ency toward leadership on both sides can but say to the majority-you are going With him, I hDpe that we will be per­ which would lead to some such course about it in the wrong way-the need for a mitted tomorrow. as a result of the clo­ this time. change may exist but your solution is defec­ ture vote, to take up consideration of I invite the attention of the distin­ tive. This negative power of a minority plays modification to three-fifths of rule XXII. guished majority leader to the fact that a critical role In our scheme of government. Constant denial of the majority's ef­ already, even though we have not ta.ken As a practical matter, our everyday ex­ forts even to take up for debate a mod­ up Senate Resolution 11, there is one perience In this chamber shows how the last erate rules-change proposal could result amendment to that resolution which has minute shift of two or three votes changes in and be the reason ultimately that this a majority. Far be it from any of us to admit been offered by the distinguished Senator these last minute changes are not proper :i.nd Chamber adopt a much sharper, a lower from Iowa (Mr. MILLER), calling for a in response to valid and sincere argument on formula. certain percentage vote as a minimum the merits. But when the Issue Itself con­ The suggestion the Sena.tor from in both parties, on both sides of the aisle. cerns each member's right to continue to Montana has just made should appeal I ask unanimous consent to have the urge in debate valid and sincere arguments to a very great majority of Sena.tors on amendment printed in the RECORD at this for or against the merits of a proposal, I feel both sides of the aisle. I only wish that point. the Issue so vital as to warrant a Senate he had been able to report more optimis­ There being no objection, the amend­ endorsement based on a less tenuous founda­ tion than a single vote margin. tically on his efforts to achieve the com­ ment was ordered to be printed in the In 1964 a great majority of the present promise. RECORD, as follows: members debated and resolved one of the I thank him very much for his efforts Strike out the third paragraph of section most comprehensive pieces of legislation and for the concern and leadership he 2 and substitute 1n place thereof the fol­ enacted ln this century, on an issue which has demonstrated. lowing: "And 1f that question shall be de­ generated deep emotion and conflicting con­ Mr. MANSFIELD. I thank the Sena.­ cided in the affirmative by three-fifths of viction. The distinguished occupant of the tor. I too, wish that I had been more the Senators present and voting and also by Chair, the Vice President, played an essen­ a majority of the Senators affiliated With tial and leading role in that great debate on successful; but I was being quite con­ each of the two major political parties pres­ the Civil Rights Act of 1964. You Will recall servative when I used the word "negligi­ ent and voting, then said measure, motion, that the debate proceeded on this Senate ble" in trying to tell the Senate the or other matter pending before the Senate, floor 83 days. I cannot help but wonder results of my efforts among various or the unfinished business, shall be the un­ what would have been the result 1f a major­ Senators and with various groups. finished business to the exclusion of all ity could have imposed cloture on that de­ Mr. HOLLAND. Mr. President, will the other business until disposed of." bate. I know it could have been accom­ Senator from Montana yield? plished in a month or less. I doubt very much Mr. HOLLAND. I should also like to If the bill would have been nearly as com­ Mr. MANSFIELD. I yield. remind the majority leader that the prehensive. I do not believe that this law's Mr. HOLLAND. Mr. President, I ap­ Sena.tor from Florida has suggested and observance today would be nearly as uni­ preciate the moderate tone which has strongly recommended for some 20 yea.rs form, nearly as great a source of pride for all been employed by the distinguished ma­ now, amendments which would take the Americans without that debate. The Senate jority leader. There is one little correc­ important matter of national defense out then demonstrated its unique and distinct tion I should like to make in the last from under the present provisions of the character. The confilcting convictions were cloture rule and permit a much speedier expressed in an atmosphere of open and free para.graph of his remarks. The 37-to-61 debate where the result was not a foregone vote of last year was not upon a change reaching of such a question, in the event conclusion. from two-thirds to three-fifths, but upon there came a long discussion on any such Attention was focused on this body as the a motion ma.de by the distinguished Sen­ matter of great importance to the na­ safety valve for an emotionally charged ator from South Dakota (Mr. McGov­ tional defense. issue in our scheme of government. The ERN) to apply the previous question to I think other amendments will be of­ country as a whole regarded the Senate as the debates then going on, which is a fered. I have reason to think so, because the one institution that would test for all, very different matter. I have heard of them. It seems to me, the urgency and propriety of that measure. The fact that the law ls now fully observed Second, I should like to remind the dis­ then, quite clearly, that this is a matter 1n all parts of our country attests abundantly tinguished Senator from Montana that which ought to go to committee and fol­ to the vital service performed 1n this cham- the la.st time we made a substantial low the regular procedure of the Senate, January 27, 1969 CONGRESSIONAL RECORD- SENATE 11869 and which ought to be given a chance to a large majority, I point out that it was pose of our filing the cloture petition, and be worked out by the leadership on both only a majority on paper, and we never I hope that two-thirds of the present sides. had the unity which a party is expected membership will join to close debate on I personally have been grateful for the to have. this preliminary motion so we can then attitude of the Senator from Montana, Mr. CHURCH. Mr. President, will the proceed, within the rules, to consider the who has not only stated his desire to bow Senator yield? proposition before us. to the winds of change, so he called them, Mr. MANSFIELD. I yield to the Sena­ Again I commend the distinguished from time to time, but also, as he has tor from Idaho. majority leader for his leadership and stated his feeling, that it would be a real Mr. CHURCH. Mr. President, first of initiative in trying to cut the Gordian tragedy-I do not think he used that all, I want to thank the distinguished knot. No one has the interests of the Sen­ word-for us to get around to the matter majority leader for his statement and ate more at heart than Senator MANS­ of closing debate by a mere majority the leadership he brings to this question. FIELD, and I think all Members of the vote. I have so understood the Senator's A few days ago the Senate voted, by Senate should take heed of what he has view in many remarks, both on the floor a vote of 51 to 47, to limit debate on a said today. and off the floor. motion to take up consideration of Sen­ Mr. MANSFIELD. I thank the Senator. I think he would be the ideal person nate Resolution 11. I think a fair inter­ Mr. PEARSON. Mr. President, will the to head up such a matter of negotiation pretation of that vote is that it indicates Senator yield? while this measure was pending in the a majority of Senators favor adoption of Mr. MANSFIELD. I yield to the Sena­ appropriate committee. the three-fifths rule. Indeed, because of tor from Kansas. I simply suggest to him that there may the habit of some Senators always to Mr. PEARSON. On behalf of the mi­ not be as great a change in the feeling vote against cloture, regardless of the nority who hold a common view with the of the Senate as he may think, because issue, the probabilities are that a very statement the distinguished majority the vote he referred to as taking place substantial majority of the Senate favors leader has made today, I want to say that in 1967 was on the motion to invoke the a three-fifths rule. Yet we are unable to I think he offers wise counsel to the Sen­ previous question. Insofar as the Senator get a vote on the merits of that question. ate. He is speaking really of the trend of from Florida has knowledge, there has We are now entering the third week of tomorrow. I appreciate his leadership in never been such a motion made before, debate on the motion to take up for con­ this issue, as in all others, and commend in modem times, and it certainly sideration the three-fifths rule so that the statement which he has made today. was not a motion to adopt a three-fifths we can then proceed to debate it on its Mr. MANSFIELD. I thank the Senator. vote instead of a two-thirds vote. merits. This is extremely frustrating to I thank the Senator for yielding. the majority who feel that the best in­ Mr. MANSFIELD. Well, the distin­ terests of the Senate would be served by THE NIXON RECORD gUished senior Senator from Florida is a modification of rule xxn. Mr. AIKEN. Mr. President, I had in­ basically correct in what he says, but the I understand how deeply the majority tended to speak this morning on the fail­ substance of the vote 2 years ago was, leader and others feel, who oppose the ures of the Nixon administration; of how, I think, the same as it was earlier this constitutional proposition that it lies after a week in office, we still have crime year. To me, the trend has been toward within the power of a majority, at the in the streets; of how the war in Asia is a majority vote to invoke cloture; and I commencement of a new Congress, to still continuing, in spite of the fact that do not favor, and will not favor, a ma­ alter the rules; but for 10 years we have many people expected that it would have jority vote on that basis. I do think been trying to modify rule XXII by go­ stopped before now; of how there are lots three-fifths of those present and voting ing the regular route, and every time we of people who are still poverty stricken ls a reasonable safeguard. I think it al­ end up right back where we are now, in in this country; and of how the hous­ lows a reasonable amount of flexibility. a situation where a filibuster is itself em­ ing program is nowhere near completed. I am encouraged by the remarks made ployed to prevent any modification of the After a week in office, he has had by the distinguished Senator that, if the filibuster rule. plenty of time to do all these things, ac­ leadership would get together, it might It does not matter whether the pro­ cording to some folks' advice. be possible to work out something along posal goes first to committee or whether I found, on getting the paper yester­ those lines. I hope I am not putting it comes directly to the Senate at the be­ day morning, that Mr. Art Buchwald words in the Senator's mouth, but I am ginning of a session. Ten years demon - had in some way found out about my referring to the general trend which I strate that, in the end, we have a fili­ contemplated speech and incorporated think he indicated in his remarks. buster to face. That is why those who be­ it in his column. So wanting to show the So I am indebted to him for his fair­ lieve the rule should be modified have President up, the least I can do is ask ness, his understanding, and his states­ been forced to raise the constitutional to have the article printed in the RECORD. manlike approach to this particular proposition. Therefore, I ask unanimous consent to question, a question which I know he I concur wholeheartedly in what the have printed in the RECORD the article feels very strongly about, and a feeling distinguished majority leader has said. entitled "The First 5% Days: Nixon Fails which I can understand thoroughly. The trend indicates that a frustrated To Solve Problems During His First Week Mr. HOLLAND. I thank the Senator; majority, growing in numbers, and re­ in Office," written by Art Buchwald, and and if he will allow me to make one more peatedly denied the opportunity to work published in the Washington Post of statement very briefly, the Senator its will, is moving in the direction of Sunday, January 26, 1969. knows that during many years of his adopting the constitutional proposition There being no objection, the article membership in the Senate and of the that it lies within the power of the ma­ was ordered to be printed in the RECORD, membership of the Senator from Flor­ jority to act at the commencement of a as follows: ida, the membership in one party, on one new Congress. side of the aisle, has been approximately As I have said before in this debate, I THE FmsT 5'f. DAYS: NIXON FAILS To SOLVE two-thirds of the entire membershiP­ would prefer that we not go through that PROBLEMS DURING HIS FmsT WEEK for long years, as I recall it, over three­ constitutional door, but those who pres­ (By Art Buchwald) flfths. I would never want to see any clo­ ently defend rule XXII by resort to fili­ Richard Nixon has now been President of ture by which one party could, by the the United States for 5'f. days, and so It is buster give us no alternative. not too early for historians to judge what exertion of the brutal force of its mem­ So, Mr. President, I would hope that kind of President he has been. bership, whether that party were on the the appeal of our distinguished majority So far, the Nixon Administration has failed other side or on this side, by compulsion leader is given thoughtful and deliberate to make any gains in the fight against crime. force legislation into enactment, because consideration. Perhaps it could lead to a If anything, the crime rate has gone up since I think that would bring about partisan­ negotiated settlement of this question. he has been in the White House, and when ship here in a way that has never been I hope so. But under the existing cir­ historians write about his first 5'f. days, they brought in; and I am afraid that a three­ cumstances we can do no other but try will have to say that Mr. Nixon was unable flfths rule would permit just such ac­ to solve law and order, the No. 1 problem in to invoke cloture within the rule, try to the country. tion. I thank the Senator for yielding. secure a two-thirds vote tomorrow, so As far as the economy goes, President Mr. MANSFIELD. The Senator has a we can then proceed to debate the merits Nixon has not been able to bring about any valid point; but while we may have had of the proposed change. That is the pur- great tax reforms during his first week In 1870 CONGRESSIONAL RECORD- SENATE January 27, 1969 omce. But here be cannot be held solely to SENATOR ELLENDER-A MAN WITH one of the Senate's most earnest exponents blame. A recalcitrant Democratic COngre66 THE COURAGE TO DOUBT of Soviet-American detente? has been sitting on its hands since Tuesday It'!, true, all of it, and whether you agree and has refused to take up any or Mr. Nixon's Mr. PROXMIRE. Mr. President, too with the Ellender view of the soviet Union, legislation. often men accept without question­ you cannot be other than impressed by the The peace talks have been movtng at a without even a doubt-the half truths effort he has put into his rather lonely and snail's pace in Parts and many Americans are and stereotyped characterizations of peo­ largely unnoticed exploration of a subject disappointed that they may go on another that seems, on its face, to have very little week. It was hoped that when Mr. Ntxon ple and places that enjoy the widest connection with parity or acreage allotments moved into the White House we'd have a vogue. It is a very rare man indeed­ or all the other things that Agriculture Com­ peace treaty with the North Vietnamese by even within the Congress of the United mittee Chairmen are supposed to be thinking Friday. States-who has the honesty and the about. Also, President Nixon's promise to improve courage to question the "common wis­ Five times since 1955 the 78-year-old Sen­ relations with the Soviet Union has yet to dom" and to do the hard work required ator has visited the Soviet Union, most re­ bear fruit. Critics of the Nixon Administra­ to formulate his own answers. cently for 53 days last fall. Equipped with tion feel something should have been started hill expertise In agriculture and, he says, by now, and the big question they are asking Senator ALLEN ELLENDER, of Louisiana, with objectivity, unencumbered by any es­ ls: "How much time does he need to get the is such a man. For years he has ques­ corts save an American Embassy interpreter, ball ro111ng?" tioned the blind judgment accepted by he has found his Russian sojourns truly We are no nearer the moon today than we most of his fellow citizens and impas­ broadening and productive of insights un­ were when Mr. Nixon was sworn in on Mon­ sionately-even hysterically-defended available to men who stay at home. day. by some that Russia and the United Ellender ls disappointed that up to now This has many people concerned, as it was States must forever be deadly enemies his foreign-policy views-documented in re­ hoped that we would have an American on and that, therefore, all the accoutre­ porttl to the Senate and in booklr-ha.ve not the moon as soon as a Republican President been taken seriously. He shrugs at the sug­ took office. ments of cold war-such as NATO, Eu­ gestion that his reports may be too long and When historians write their books about rope's latter day maginot line, and our unfocused, or too naive. He sees nothing President Nixon's first week in office, they will own enormous defense establishment-­ funny in remarks that others have found also point out that he was unable to resolve must be lavishly nourished no matter funny ("the canals in Venice are filled with the Middle East crisis by Sunday. People close what the cost to other more peaceful water"). "I can't command the attention of to President Nixon say this was one of his objectives. the press," he says. "I've been ln public life biggest disappointments, because he wanted Senator ELLENDER, since 1955, has 53 yea.rt; but I'm kind of timid about getting to get that part of the world settled so he visited the Soviet Union five times. up every day and saying the same thing, the could go on to other things. way some do." Other areas where the Nixon Administra­ Though he is 78, he has done the gruel­ No matter. Ellender declares he'll go "all tion has failed are Latin America, Biafra and ing work during those visits that he felt out" this year, from his position on the Ap­ San Francisco State. Defenders of the Ad­ he needed to do to thoroughly educate propriations subcommittee that handles de­ ministration said that Mr. Nixon would tum himself about the Soviets-and he has fense (he's not on Foreign Relations or his attention to these problems in his second arrived at his own tough-minded conclu­ Armed Services) to "prevent us from spend­ week. But opponents of the Nixon policies sions, as an excellent article, written by ing one dime to further strengthen NATO." say he's had enough time to get them re­ Stephen S. Rosenfeld, in today's Wash­ He countt; on support from as many as two solved already. ington Post makes clear. As a result, he thirds of his fellow Senators In pursuit of On the plus side, Mr. Nixon's relations with that goal. the press have been excellent, and no Presi­ has become one of the Senate's most Through Russia's Stalin years, says Ellen­ dent has been treated as well during his first determined exponents of Soviet-Ameri­ der, he voted obediently for whatever funds 5'!:, days in office. can detente. To adhere to that position the Pentagon sought, accepting Its rationale While his legislative record, so far, leaves takes courage. that the funds were essential for defense. much to be desired, when the history of Already some demands for his (Ellender's) "I always thought Defense was honest and these first 5'!:, days is written, no one will say recall have come from Loulsiana- sincere and knew what it was talking about," that Mr. Nixon didn't try. he says. "I don't want to be misunderstood. Mysterious, pragmatic, a loner, devoted to The Post article says. Nevertheless, Stalin did much to make our people fearful. his family, a man who came back from the true to his convictions, Senator ELLENDER We felt in danger." a.shes of defeat, Richard Nixon will go down persists. But, he says, "I often wondered, why in during his first week as a strong President ms current program- hell don't we get together with the Russians. seeking to heal the wounds of a nation I found it strange there was so much trou­ wracked With fear and despair. The Post article states- ble and friction in coming together." He With only 1455'!:, days to go in his term, dates the start of his a.wakening from his is to publlcize his new gospel as widely as first trip to Russia, In 1955. "I went to the President can do little more now than he can, to work over the Defense Department tidy up the things he started in his first 5 '!:, Minsk, Orel, Odessa, Volgograd. The dam­ budget from his Appropriations outpost, and age there from the Germans was (here El­ days. to return to Russia after he ls 80 years old. The question people are now asking is lender thrashes his fists helplessly) useless, wanton. If only you were to see lt. I don't whether Richard Nixon will run again, or I truly wish him well. I commend the Post article to the at­ blame the Russian people at all for fearing whether he is fed up with the job that has the Germans." made so many demands on him. Those who tention of other Senators, and ask unan­ "So help me God, if I had understood at know him well say that he believes he has a imous consent that it be printed in the the time that the Administration had de­ mission and despite the disappointment of RECORD at this point. cided after the war to embrace Germany the first 5'!:, days, he likes the job and is There being no objection, the article and Japan, then I would not have consented. thriving In It. was or_dered to be printed in the RECORD, With the knowledge I gained visiting Rus­ "Perhaps," said an aide, "after a couple of as follows: sia, I found those people a.re just like we weeks he may think otherwise. But I can are, especially in Siberia, where the people assure you that if he had his first 5'!:, days WOULD You BELIEVE AN EXPERT ON RUSSIA? reminded me of our own pioneers in the to do all over again, Dick Nixon wouldn't (By Stephen S. Rosenfeld) West, identical. They told me how much have done anything differently." You arrive at Sen. Allen Ellender's door, they llked Americans. They asked, why do Mr. PROXMIRE. Mr. President, I ask or most people do, knowing only that he is a you surround us with a ring of steel, Japan, little eccentric even by the standards of the Okinawa, Philippines, North Africa, West unanimous consent tha.t I be permitted United States Senate, that he is a Louisiana Europe, air bases all around. My answer was: to proceed for 5 minutes, notwithstand­ Democrat and something of a gourmet, and to defend. I didn't know any better. Con­ ing the relevancy rule. that he ls a very big figure In agriculture gre66 blindly follows the military. That's The VICE PRESIDENT. Morning busi­ matters as Chairman of the Senate Agricul­ why I voted as I did." ness has been concluded. ture Committee. Would you believe that this He used to believe-as he fears Defense Mr. PROXMIRE. I understand that bantam of a man, with the flamboyant ges­ Secretary Melvin Laird stm does-that "the morning business has been concluded. I tures and insllltent voice, ls also a very seri­ United States had to speak from strength, ous, self-made authority on Soviet affairs? all that stuff. I didn't know any better. But ask unanimous consent to be permitted That he has been a regular visitor to the we have spent 110 billion dollars to isolate to proceed for 5 minutes. Soviet Union? And that in the process of this Russia and today Russia is stronger than The VICE PRESIDENT. Without ob­ self-education, he has abandoned his old, ever, she's mighty. Anything that widens dif­ jection, it is so ordered. fam1llar cold war reflexes and has become ferences between us and the Russians, I'm January 27, 1969 CONGRESSIONAL RECORD- SENATE 1871 against. That is why I have opposed the ex­ good in Russia and you pass it over, you words if our integrity is to warrant con­ tension of NATO. I'm telling you right now, see something bad and you criticize. My ap­ tinued trust at home and throughout the the biggest mistake we ever made was not to proach was objective and that's why Mikoyan world. take de Gaulle's advice and move out of Eu­ helped me." Mr. BYRD of West Virginia. Mr. Pres­ rope. We say we want peace but we rearm. And at the Embassy, Ellender says, he told We ought to be honest. We have got to be, the Ambassador: "Mr. Bohlen, you've been ident, I suggest the absence of a quorum. to dispel the fear of the Russian people." here a long time and in your book the only The VICE PRESIDENT. The clerk will If there was one moment of truth for good Russian ls a dead Russian. Goodbye." call the roll. Ellender, it came one time at Yalta when Guthrie's and Bohlen's reactions are not The bill clerk proceeded to call the roll. he emerged from a bulldlng into a waiting a part of Ellender's record. But his own Mr. HRUSKA. Mr. President, I ask crowd of a thousand Russians. "They looked judgments very much are. The Senator is unanimous consent that the order for at my clothing, stroked my suit, they were quite aware that, as a peace advocate, he is amazed. They asked If anybody In America casting himself in what ls-for a senior Sen­ the quorum call be rescinded. could buy such a suit. I said, of course, as ator and member of the Senate "club"-a The VICE PRESIDENT. Without ob­ long as you had the money. I saw the time strange role. Already some demands for his jection, it is so ordered. was ripe for a real!st!c exchange program so recall have come from Louisiana. Ellender is that the Russian people could learn about undeterred. His current program Is to pub­ us---to get them excited, make them envious." licize his new gospel as widely as he can, to ORDER OF BUSINESS "Look what happened a.fter Khrushchev work over the Defense Department budget came here (in 1959) . He went back and from h!s Approprl,atlons outpost, and to re­ Mr. HRUSKA. Mr. President, I ask started the incentive system. It was first turn to Russia after he is 80 years old. unanimous consent that I be permitted appl!ed to wearing apparel. The shelves were "I talked to an engineer at a big alumi­ to proceed without reference to the rule full of unsold stuff, nobody wanted it, but num plant outside Irkutsk," he says, posi­ of germaneness. that's been changed. The leaders do it because tively vibra.ting with admiration for a tech­ The VICE PRESIDENT. Without ob­ the people dema.nd It. Khrushchev was the nical achievement he discovered there, "and jection, it is so ordered. only leader who tried to respond to the will do you know .. . That opened my eyes." of the people. What he started is what's now giving the current leaders so much trouble." Ellender doesn't dwell much on Czecho­ HUMAN RIGHTS: TO UNITE THE S. 650-INTRODUCTION OF BILL RE- slovakia. He views the Czech striving for PRACTICAL AND THE IDEAL LATING TO AMENDMENTS TO THE l!beralization as an extension of similar and CRIMINAL JUSTICE ACT OF 1964 ongoing efforts In Russia. And he treats the Mr. PROXMIRE. Mr. President, once Soviet Invasion as a serious but not disabling again I rise to urge the Senate to begin Mr. HRUSKA. Mr. President, in Octo­ embarrassment to the cause of East-West serious consideration of the human ber of last year, I introduced a bill, S. detente. rights conventions, which for so long 4182, entitled, Amendments to the Crim­ He is really more concerned to get Ameri­ inal Justice Act of 1964, which embodied cans to judge the Russians by no harsher have been pending ratification by this terms than those they apply to themselves. body. the recommendations of the Judicial For instance, of the 1962 Cuban missile crisis, Not long ago, I ran across a statement Conference of the United States. Since he says, "I'm surprised the Soviets didn't do made by Theodore Roosevelt. I was the bill was introduced late in the second it earlier. We'd surrounded them for 15 years. struck by the application it has to our session, the 90th Congress was unable to It looked as though the only place there are present situation regarding human act upon it. Therefore, today I introduce angels outside heaven ls the U.S." In Russia's rights. His statement was this: for the consideration of the 91st Congress moves to put a fleet into the Mediterranean, the same bill, S. 650, similarly entitled. Ellender sees merely an initiative balancing From the very beglnnlng, our people have our own. markedly combined practical capacity for The purpose of the Criminal Justice A man of fine rages, Ellender has got one for affairs with power o! devotion to an ideal. Act was to make more effective the con­ the State Department as well as the Penta­ The lack of either quality would have stitutional guarantee of right to counsel gon, and this eplsode--related here only from rendered the possession of the other of small in criminal cases arising in the Federal his point of view-perhaps sums it up. One value. courts. Three years have now passed needs to know only that the Department Mr. President, we would do well to since the bill was enacted, and the ex­ generally feels fatigued by Ellender's re­ perience gained in implementing and quests for services on his travels. consider seriously this thought, not just Arriving in Moscow in 1955, Ellender because it was said by a great American using the act has demonstrated the need found that none of his customary requests leader, but because the history of nations for refinements and changes. ("that thick") for appointments had been proves that it is true. Where practical I am most pleased to announce that made. The then-Ambassador, Charles E. capacity for affairs alone has been the this bill is being cosponsored by the dis­ Bohlen, told him he was on "strict instruc­ guiding principle, men have usually been tinguished and capable Senator from tions not to help," the Senator recalls. So very busy, but they often have been run­ North Carolina (Mr. ERVIN). As early as Ellender requested and received, by cable, 1961, Mr. ERVIN, the chairman of the State Department permission to make his ning without vision or direction. On the own appointments. Old Moscow hand Boh­ other hand, the power of devotion to an Constitutional Rights Subcommittee of len warned him he was wasting his time. ideal has proved to be surprisingly the Committee on the Judiciary, joined At one point Ellender asked Bohlen if he powerless wherever it has been separated me as a cosponsor of legislation that could use the ambassador's phone to call the from human affairs. eventually becai;ne the Criminal Justice Foreign Ministry for appointments. Bohlen I submit, Mr. President, that in the Act of 1964. declined. Ellender went to a pay station and case of human rights, we should prove At the time the Senate accepted the phoned himself. The answerer spoke only that we can unite the practical with the Russian but soon an Engl!sh-speaklng voice final conference version of this landmark came on. Ellender asked for Pol!tburo ap­ ideal. We hear a great deal in this legislation, I observed: pointments and was informed that, of the top Chamber about our humane interests The case for this legislation ls easy to men, only Anastas Mikoyan was available. and concerns as a nation, and these are state: we are a nation dedicated to the Fine, said Ellender. The voice told him to not empty phrases. I think we as a people precept of equal justice for all. Experience wait in the booth for a callback and, in less really do know something of compassion has abundantly demonstrated that, if this than half an hour of waiting, the voice did and real concern, but there comes the rule of law will hold out more than an illu­ call back with a Mikoyan appointment the time when a nation-as is the case of an sion of justice for the indigent, we must next day. have the means to insure adequate repre­ Ellender spent the intervening time visit­ individual-must act on its beliefs. The sentation than the bill before us provides. ing farms. The next day, with American dip­ time for our action, Mr. President, has lomat John Guthrie in tow, he visited the been with us for some time now in the The road leading to Federal financial Kremlin and passed on to Mikoyan the com­ area of human rights, but there is still assistance for indigent defendants was plaints he had heard on the farms. Mikoyan time. a long and arduous one. Its beginnings didn't know too much about farming, Ellen­ In terms of the three major conven­ can be traced to a 1937 repcrt of the der recalls. They talked for two hours and tions, we should be acting to officially Judicial Conference of the United States Mikoyan said he could see anything he condemn genocide and forced labor and which recommended public defense as­ wanted the next time he came. sistance for indigent defendants in some In the car, Guthrie said he'd learned more to support full and equal political rights in those two hours than in his whole tour for women. There is principle involved in districts with a high volume of criminal to that point. Ellender said: "The trouble these three areas which we have sup­ cases. The debate over a public defender with you goddam diplomats ls, you have a pcrted since the founding of this country. system raged for years in the House and ohlp on your shoulder. You see something We must now act in accordance with our the Senate. In 1949, the Senate Judici- li872 CONGRESSIONAL RECORD- SENATE January 27, 1969 ary Committee reported a defense bill mittee To Develop Rules, Procedures, and Conference and also because the official without the public defender provision. Guidelines for Assigned Counsel System approval of the proposals by the Judicial Beginning in 1961, I introduced a total of the Judicial Conference was organized Conference itself. of four bills concerned with providing in March 1964. A permanent commit­ Mr. President, to aid in the under­ counsel to indigents. Utilizing recom­ tee to implement the Criminal Justice standing and analysis of the bill, I ask mendations of the Allen Committee ap­ Act of 1964 went to work in October unanimous consent that the wxt of the proved by the Attorney General, in 1963, 1964. bill be printed in the RECORD at the con­ I introduced S. 1057, which became the The efforts of the committee and the clusion of my remarks. Criminal Justice Act of 1964. I was most experience of the courts, predictably, The VICE PRESIDENT. Without ob­ fortunate to be joined in my efforts by have shown areas where improvements jection, it is so ordered. the Senator from New Hampshire 1gly clear by now They were also well aware that the by whic,1 Adolf Hitler became dictator of that Members of the Senate intend to strong are not always strong, and that Germany. keep faith with posterity, and will not the weak are not always weak. One of Hitler was appointed Prime Minister surrender their prerogatives or relinquish the great truths that we would do well of Germany in a perfectly legal and law­ their responsibilities as meant by the to always keep in mind is the fact that ful way by the President of Germany, Founding Fathers, as defined in the majorities and minorities are not perma­ who happened to be, at that tinle, Von Constitution, and as embodied in the nent. Today's majority may be tomor­ Hindenburg. Hitler had a substantial ma­ rules which govern the operations of the row's minority, and vice versa. jority in the German Parliament, Senate. The rules of this Senate act as a safe­ though he was not completely unopposed. I would hope that by now we would guard against the power of a simple ma­ The parliament convened, and Hitler sent have had an end to these assaults upon jority of one to trample mercilessly over the delegates the so-called Enabling Act. the rules of the Senate. I am of the the minority. The act gave Hitler the power to amend opinion that such attacks constitute Standing rule xxn of the Senate the German Constitution at will by ex­ more than mere efforts to abolish free gives force and substance to the guaran­ ecutive decree. debate in the Senate, although this in tee that the minority has a right to be The Enabling Act gave Hitler the itself is deplorable enough. I contend heard, and that it need not fear being power to levy and spend revenues at will that this matter goes to the very heart summarily run down and gagged, or by decree. The Enabling Act gave Hitler of our Government. It strikes the very made the whipping boy for abuse by a the power to make such treaties with vitals of representative government. It majority of one. such foreign countries as he saw flt. All aims a body blow to the States as polit­ The fact that we have extended de­ that was encompassed in an act that was ical entitles. It would, in effect, literally bate and freedom of discussion in the pending before the German Parliament. change our form of government and U.S. Senate gives assurance to all of the There was a substantial number of op­ undermine our system of checks and people of this great country, and to every ponents of that particular Enabling Act, balances. State however large or small, that the but there was no rule of free speech in I am confident that the Senate will voice of reason will be heard and not the German Reichstag. So the Enabling once again measure up to its responsi­ rendered mute by rampant emotionalism Act was passed. Adolf Hitler that day bilities and will reject this attempt to that may happen to sweep the country became the dictator of Germany, and destroy the Senate as a guardian of at any given time. it took countless lives to stamp out the liberty and a champion of the States and Rule XXII gives strength and mean­ tyranny of his dictatorship. minority rights and will continue to be a ing to the concept, as intended by our So I say, Mr. President, that any Sen­ body that gives continuity and stability Founding Fathers, that the U.S. Senate ator who has a desire to quench free to our Government. January 27, 1969 CONGRESSIONAL RECORD- SENATE 1877 Alexander Hamilton, writing in the stituted and governed by its rules, is Many, many outstanding examples Federalist papers, pointed to "the neces­ useless and impotent or incapable of could be cited of the benefits of freedom sity of some stable institution in the action? Do they really believe that a of debate in the Senate. History is re­ Government." He cautioned that no minority can truly hamstring a Senate plete with occasions when extended de­ goverrunent would long be respected that is determined to enact legislation in bate in the Senate served our Nation without possessing a portion of order the best interests of the Nation? well. and stability. Such is the purpose of the The Senator from Georgia does not be­ For 83 days the Senate debated the Senate. Such is the responsibility of the lieve these things. He has faith in the 1964 Civil Rights Act. Many significant Senate that we are being asked today to strength, the courage, and the integrity and considerable objections were raised surrender. Hamilton also made this ap­ of every man and woman who sits in to this far-reaching legislation on con­ praisal, as progress was being made this Chamber. stitutional grounds. toward forming a new government: When the Senate wants to act, and There were those who thought this bill We are now forming a republican gov­ when enough Members of this body so should have been passed by the Senate ernment. Real liberty is neither found in desire, it will act. It has been proven with little more than a token examina­ despotism nor in the extremes of democracy, beyond any doubt that when the Senate tion of its merits and demerits. but in moderate government. sincerely and conscientiously wants to do But there was extended debate, and Such moderate influence on the ex­ something, neither rule XXII nor any for a period of some 7 to 8 weeks, this bill cessiveness of democracy and a potential other rule stands in its way. was carefully scrutinized by Members of tyranny of a majority of one is found in The present cloture provisions in no the Senate-on both sides of the issue. the Senate. way paralyze the legislative functions of As a result, many of the flaws were This is what we are being asked to do the Senate. We have more than ample exposed, and some of them were cor­ here, in the alleged name of permitting a demonstration of the fact that the Sen­ rected. majority to work its will. ate can act and will act when it so In one major amendment to the bill, Mr. President, I submit that it was determines. the Senate approved provisions to entitle never intended-not by our Founding On four occasions since just 1962, the defendants in criminal contempt cases Fathers, and not by the Constitution­ Senate has shown its determination to arising under the act to trial by jury. that a majority of one should run rough­ act under the cloture provisions of rule As unconscionable as it may appear to shod over the minority. All of us here XXII. Senators today, now that the heat of the today, and au who follow, will sorely In 1962, the Senate invoked cloture on battle has subsided, trial by jury-one regret it if the time ever comes when an the communications satellite bill by a of the dearest rights of all Americans-­ arrogant majority can work its will in vote of 63 to 27. was omitted from the punitive provisions this Senate by crushing all opposition in In 1964, the Senate invoked cloture on of this legislation. But, because of the its path. the Civil Rights Act by a vote of 71 to 29. extended debate, and to the everlasting I have been very impressed by the In 1965, the Senate invoked cloture on cred!t of the Senate, this grievous short­ warning issued by the late Honorable the Voting Rights Act by a vote of 70 commg was rectified. Eugene Millikin, the able and eloquent to 30. The distinguished columnist Arthur Senator from Colorado, whom I know the And again just last year, the Senate Krock, now retired, had an excellent Senate has heard on many occasions. It invoked cloture on the Open Housing Act analysis of this action by the Senate in bears repeating today: by a vote of 65 to 32. the June 11, 1964, edition of the New It my country were confronted with the One of the most used and overworked York Times. Wrote Mr. Krock: possible choice of surrendering all of the arguments of proponents of destroying The Senate filibuster, now emphatically individual rights of its citizens under our time-honored rules of the Senate is that terminated by the first invocation In history Constitution save one to be selected by it, the rules stand in the way of the enact­ of closure of debate on equal rights legisla­ I would unhesitatingly counsel the preserva­ ment of civil rights legislation. This ar­ tion, made possible the exposure and limita­ tion of the right of free speech, for so long gument is totally without substance, as tion of some of the sumptuary powers as this right remains unimpaired all other we have seen on three major occasions granted to the Federal Government in the rights, if lost, may be regained. text approved by the House. The most im­ in just the past 4 years. portant check was the requirement of jury I am well aware of the age-old prop­ But aside from this fact, it is my judg­ trials in the Federal courts for citizens cited osition of what happens when the will ment that the rules of the Senate which in criminal contempt on a judge's finding of the majority collides with the right of allow free and open debate and inten­ that they committed acts of discrimination the minority. To my way of thinking, sive, lengthy study of major issues, far forbidden in the pending measure. (Since which shall prevail is not the most im­ transcend the mere enactment of a bill, this no where defines the general offense, the portant consideration. I hold that of whether it be in the area of so-called de:fl.nltion ls left to the Federal judiciary.) civil rights legislation or in any other Had it not been for the Senate filibuster overriding importance is that truth and the American people would have remained justice shall always prevail. area. unaware that the very judges who made find­ Let me again invoke the wisdom of the Freedom of debate is an integral part ings of criminal contempt in enforcing com­ late Senator from Colorado, who went of the Senate's assigned constitutional pulsions for a revolutionary change in the straight to the heart of the issue: role, and it is in no way a party or sec­ social and economic structure of the natl.on It should never be forgotten, I respectfully tional device. could unilaterally deny to defendants the suggest, that the rules of a legislative body It has been employed by Senators on hard won Anglo-Saxon privilege of trial by in a country which understands, appreciates, both sides of the ideological and political jury. and desires to conserve the principles of fence, both conservative and liberal. Mr. HOLLAND. Mr. President, will the human freedom are adopted not to enhance run Senator yield at that point? or render unshakable the power of the ma­ Legislative matters that have jority of its members, but rather to protect through the whole thread of American Mr. TALMADGE. I am delighted to those 1n the minority . . . The rights of the life, that relate to virtually every con­ yield to my distinguished friend, the minority have not been Imposed by a mi­ ceivable facet of human endeavor, have senior Senator from Florida. nority; they have been freely granted by ma­ been exposed to full debate in the Senate. Mr. HOLLAND. Does not the Senator jorities which realize the fact that majorities No one can rightly say that the results recall in the very matter he just referred are not always right, that there ls an inherent have been evil or that the country has to-the striking from that particular bill tendency in majorities to oppress minorities. suffered. In fact, the benefits of free­ then pending of the requirement that Mr. President (Mr. CANNON in the dom of debate have far outweighed the judges try the criminal contempt chair), there are those who would have whatever instances there may have been cases, and requiring that those cases be us believe that the Senate is powerless to in which the privilege may have been tried by a jury instead-that effort was act in the face of its rules, and particu­ abused. led by the distinguished Senator from larly rule XXII. The history of the Sen­ Free debate in the Senate is the great­ Wyoming, Mr. O'Mahoney, a great con­ ate and its great record clearly refutes est safeguard we have against hidden stitutional lawyer, who stood in this any such contention. defects-either calculated or uninten­ Chamber and argued with tremendous I wonder if the advocates of gag rule tional-that might result in unfairness, force and successfully that one of the in the Senate really subscribe to the doc­ discrimination, or special privileges for a inherent rights of American citizens trine that the Senate, as presently con- favored few. would be lost if it were not required 118718 CONGRESSIONAL RECORD- SENATE January 27, 1969 that there be a jury trial held in such tlve and permanent welfare of every country, cumulating experience more and more bene­ cases? needs no explanation. . . . ficial to their country. Mr. TALMADGE. I do, indeed. The An assembly (the House of Representa­ Nor has the convention discovered less tives) elected for so short a term (two years) prudence in providing for the frequent elec­ distinguished Senator from Wyoming as to be unable to provide more than one to tions of senators in such a way, as to obvi­ made a brilliant speech. two links in a chain of measures, on which ate the inconvenience of periodically trans­ I now return to Mr. Krock's analysis: the general welf,are may essentially depend, ferring these great affairs entirely to new And the grave issue presented would not ought not to be answerable for the final re­ men-for, by leaving a considerable residue have been effectively projected into the pub­ sult, any more than a steward or tenant, en­ of the old ones in place, uniformity and lic consciousness if the House measure had gaged for one year, could be justly made to order, as well as a constant succession of of­ been rammed through the Senate without answer for plans or improvements, which ficial information will be preserved. change. could not be accomplished in less than half a dozen years. Mr. President, the system "formed and In bringing forth the jury trial The proper remedy for this defect, must be introduced" in the Senate to manage and amendment, the lengthy debate over the an additional body in the legislative depart­ resolve grave issues of national concern 1964 bill was in keeping with one of the ment, which, having sufficient permanency has served the country well. finest traditions of the Senate as guard­ to provide for such objects as require a con­ The tragic inconvenience of periodic ian of minority rights-in this particu­ tinued attention, and a train of measures, upheaval in this institution of the gov­ lar case, the ultimate minority, the may be justly and effectually answerable for ernment has been prevented and "uni­ minority of one. the attainment of those objects. formity and order" have been insured. Nonetheless, though he be only a Now, Mr. President, those words ade­ How has this been done? minority of one, the right of a defendant quately describe the role of the Senate There can be only one answer in the in a criminal proceeding to have a trial and prove beyond all doubt that the de­ light of history. by a jury of his peers is a cornerstone liberate intent of the framers of our Gov­ That is that the Senate has functioned of a just society and it is fundamental ernment to create it as a continuing body. through wise and just rules which have to Anglo-Saxon jurisprudence. Let us listen further to Hamilton's withstood the tortuous test of time. And Mr. President, I hope those who so words from the same letter: the guarantee of free debate for all its vehemently advocate majority rule in the As the cool and deliberate sense of the Members is the most important of Senate will never come to the conclusion community ought in all governments, and them. that there should be majority rule in actually will in all free governments, ulti­ We have seen from the quotations I connection with juries. Most jurisdic­ mately prevail over the views of its rulers; have read from the Federalist that the tions in the United States require unani­ so there are particular moments in public affairs, when the people, stimulated by some Senate is not just an "Upper House" of mous vote by a jury before a defendant irregular passion, or some illicit advantage, Congress. can be convicted. If the time ever comes or misled by the artful misrepresentations of Mr. President, the issue of whether the when these same proponents of majority interested men, may oall for measures which Senate is a continuing body was laid rule want to have majority rule in jury they themselves will afterwards be the most to rest in 1959, 10 years age,. At that cases, whereby a person could be execut­ ready to lament and condemn. In these criti­ time, the Senate voted overwhelmingly- ed or imprisoned by a vote of 7 to 5 of cal moments, how salutary will be the inter­ 72 to 22-to affirm the continuity of this a jury, we will see the jails and peniten­ ference of some temperate and respectable body. In so voting, the Senate added the tiaries of this country filled with inno­ body of citizens, in order to check the mis­ guided career, and to suspend the blow med­ following language to rule XXXII: cent people. itated by the people against themselves, The rules of the Senate shall continue Mr. President, I desire now to deal until reason, justice and truth, can regain from one Congress to the next Congress un­ with, and dismiss the outrageous pro­ their authority over the publ!c mind? less they are changed as provided in these posal that the Senate is not a continuing rules. body. We do not have to wonder, Mr. Presi­ Again, let us turn to the Federalist dent, of what time he spoke. This is that Senators felt at that time that this Papers which shed important historical hour. body had acted decisively-once and for light on that subject. I read further from letter 62 which em­ all-to end biennial agitations at the For instance, Hamilton in letter 62 phasizes that the Senate is more than an beginning of each Congress. Members of stressed that the Senate is more than "Upper House": the Senate at that time had every reason just an appendage of the House. He al­ I am not unaware of the circumstances to fully understand the full significance luded to the qualifications required of which distinguish the American from other of that vote. In his final summation on Senators and the nature of the sena­ popular governments, ancient as well as the amendment to rule XXXII, the dis­ torial trust as distinguished from mem­ modern. . . . Many of the defects, as we tinguished majority leader of the 86th bership in the lower branch. He wrote of have seen, which can only be supplied by a Congress made it infinitely clear. That senatorial institution, are common to a majority leader went on to preside over the Senate with great wisdom: numerous assembly frequently elected by the The mutability in the public councils, aris­ people, and to the people themselves.. . . the Senate as Vice President of the ing from a rapid succession of new members, The people can never wilfully betray their United States and now occupies the however qualified they may be, points out, own interests; but they may possibly be be­ White House as President of the United in the strongest manner, the necessity of trayed !n the hands of one body of men that States. some stable institution in the government. where the concurrence of separate and dis­ A decade ago Majority Leader Lyndon The internal effects of a mutable policy similar bodies ls required in every publ!c B. Johnson explained the importance of are calamitous. It poisons the blessings of act. ll berty itself . . . the rule XXXII provision in the following The want of confidence in the public We must not forget, Mr. President, language: councils, damps every useful undertaking; that our Constitution might very likely This resolution would write Into the rules the success and profit of which may depend have been rejected had it not been for a simple statement affirming what seems no on a continuance of existing arrange­ the explanations of its true meanings longer to be at Issue. Namely, that the rules ments.... as set forth in the Federalist. of the Senate shall continue in force, at all No government, any more than an in­ And to completely nail down the per­ times, except as amended by the Senate. dividual, will long be respected, without pos­ This preserves, indisputably, the charac­ sessing a portion of law and stability. manency of the Senate as an institution, ter of the Senate as the one continuing body here is the incontrovertible answer of in our policy-making process. Commenting further along that same John Jay in letter 64 of the Federalist: It precludes the involvement of the Sen­ line in letter 63 on the permanence of the It was wise, therefore, in the convention ate in the obstruction that would occur­ Senate as a continuing institution, Ham­ to provide, not only that the power of mak­ or could occur-If, at the beginning of each ilton said: ing treaties should be committed to able Congress, a minority might attempt to force The objects of government may be divided and honest men, but also that they should protracted debate on the adoption of each into two general classes; the one depending continue in place a sufficient time to become Senate rule individually. perfectly acquainted with our national con­ on measures which have singly an immediate Mr. President, those who argue that and sensible operation; the other depending cerns, and to form and Introduce a system on a succession of well chosen and well con­ for the management of them. The duration the Senate is not a continuing body go nected measures, which have gradual and prescribed, is such as will give them an op­ against the spirit and the clear intent perhaps unobserved operation. The Impor­ portunity of greatly extending their political of the Founding Fathers. They fly in the tance of the latter description to the collec- information, and of rendering their ac- face of irrefutable arguments pro- January 27, 1969 CONGRESSIONAL RECORD-SENATE 1879 pounded by Alexander Hamilton, James 180 years, we have had the ruling o'f Senate into a situation similar to that Madison, and John Jay and their elo­ every Presiding Officer of the Senate for which exists on some of our more dis­ quent Federalist Papers dissertations on the last 180 years, save one. orderly college campuses at the present the new Constitution and the assigned Mr. HOLLAND. Mr. President, will the time. roles of the three branches of Govern­ Senator yield? Mr. HOLLAND. I certainly agree with ment. Mr. TALMADGE. I yield to the distin­ the Senator. I repeat that I think he has We cannot so lightly dismiss historical guished Senator from Florida. made a fine contribution to this question precedent. The Senate, as viewed by Mr. HOLLAND. I thank the Senator. and thank him for it. Hamilton, is a body possessing great I rose simply to congratulate the Sena­ Mr. TALMADGE. I am grateful to my firmness. It should "hold its authority tor from Georgia upon his scholarly colleague. by a tenure of considerable duration,'' speech. I think he has made it very clear, Mr. President, I yield the floor. in order to safeguard the Government from legal citations, from historic prec­ Mr. COTTON. Mr. President, I am not from "the impulse of sudden and violent edents, that the Senate is a continuing going to detain the Senate but a few passion." body; that the Senate is the custodian moments, but each time that the Senate This then is the mission of the Sen­ of stability in our national structure; has-usually at the beginning of a new ate of the United States. It has been so that our Senate has itself again and Congress-grappled with the question of since its organization April 4, 1789. Never again stated that such is the case; that amending rule XXII, I have briefly stated since then has there been a time when the Supreme Court of the United States my views and the reasons for them. As a the Senate as an organized body has has upheld our continuing character matter of record and without undue rep­ not been available to the President's call and quality. I think the Senator has etition, I want to state them briefly and or in accordance with the terms of its made a very material contribution to informally today, because, of course, to­ adjournment, for the transaction of this debate, for which I thank him. morrow we shall be voting on the motion public business. May I ask him one question? for cloture. The Senate has been recognized as a Mr. TALMADGE. First let me thank I have never been able to comprehend continuing body by the Supreme Court my distinguished friend and neighbor, the anxiety of so many Members of the of the United States. In 1926, in the case who, by his long service in this body, has Senate to constantly want to dilute rule of McGrain v. Daugherty, (273 U.S. 135), distinguished himself, this body, his XXII, to move from a two-thirds of a the Court held: State, and the Nation. He is one of the constitutional majority to a two-thirds The rule may be the same with the House outstanding historians and constitutional of a quorum present and voting, and of Representatives whose members are all lawyers in the Senate, and one of the then, as is suggested now, to move to elected for the period of a single Congress; more able Members in this body on the three-fifths, which is obviously just a but it cannot well be the same with the Senate rules, and a compliment of the step along the line, because the windup Senate, which is a continuing body whose type he has made is deeply appreciated is inevitably that the path leads to clo­ members are elected for a term of six years and so divided into classes that the sea.ts of by the Senator from Georgia. ture by a bare majority of Senators pres­ one-third only become vacant at the end of Mr. HOLLAND. After the Senator ent and voting. each Congress, two-thirds always continuing has .floored me with such a warm com­ Mr. President, it was my privilege, as into the next Congress, save as vacancies may pliment, I have almost forgotten what a young man, to serve on the staff of occur through death or resignation. I wanted to ask him, but I think I can Senator George H. Moses, of New Hamp­ Mr. President, we have historical prec­ recall it; but I thank him for his com­ shire, who was President pro tempore for edent after precedent. We have deter­ pliment, which is wholly unmerited. some 8 years, and who was, in my opin­ minations by the Supreme Court. We My question was this: If it were de­ ion, one of the greatest parliamentarians have actions by the Senate itself over termined that, at the beginning of each who ever served in this body. I think he many years that have reinforced the na­ Congress, the Senate, by a mere majority was in a class with the present distin­ ture of this body as a continuing legisla­ vote-and that was attempted at the be­ guished President pro tempore, than tive organization. It is inconceivable to ginning of this very debate a few days which no higher compliment can be paid me how, for session after session of Con­ ago-rule XXII can be changed or modi­ to any man. gress, there are unrelenting attempts to fied or repealed or substituted, is not that It was my job as a young man to review put the Senate in a straitjacket of gag same conclusion correct as to every other and prepare material, under Senator rule and banish forever free and open rule of the Senate? Moses' direction, for a speech that he debate from this Chamber. I submit that Mr. TALMADGE. Certainly, not only made then-and that was back in the if legislative history means anything, if in the beginning of the Congress, but any 1920's-in defense of rule XXII. day of the Congress. At that time it was my duty, and part our checks-and-balances system of gov­ Mr. HOLLAND. Simply speaking now of my work as a research worker in his ernment is to remain in full force, if we of the beginning of a Congress, can the office, to go back over the years. That are to preserve the integrity of the Sen­ Senator imagine anything that would was before civil rights had become as ate, I suggest that we are confronted make the Senate more unstable rather pressing a matter as it has become in here with more than just a mere modifi­ than stable, and more impermanent recent years, before it commanded the cation of the rules of the Senate. rather than continuing, than to have a This goes to the very heart of our attention and caused the controversy it Government. mere majority of the moment clothed has in recent years. with the authority, at the beginning of Research revealed that between 1841, It would destroy the best aspects of every Congress, to completely rewrite the when, I believe, Henry Clay made the the federal-national system and substi­ rules of the Senate? Would not that be first attempt to change the rules, and tute therefore the worst aspects of a na­ inviting chaos instead of stability? 1924, shortly after World War I, there tional system, making big government Mr. TALMADGE. Of course it would. had been some 19 filibusters, so-called bigger and even less responsive to the It would destroy the Senate as a con­ prolonged debates which were rather will of the people. This is not just a con­ tinuing and stabilizing influence on the clearly filibusters, in the Senate. I believe structive evolution of our governmental Government of the United States. In with one exception, the Force bill, every processes. fact, I think if a majority can change one of them had to do with preserving It is nothing less than revolution. the rules at the beginning of a Congress, the resources of the Republic. It was a When the day comes that gag rule pre­ which they allege is a constitutional time when Senators were exceedingly vails in the Senate, it will mark the be­ right, and I hasten to point out that the careful and jealous about public expendi­ ginning of the end of our republican Constitution is in effect not only in the tures and public taxation. I think such a form of government, as we know it today. beginning of the Congress; the Consti­ time is coming again, very shortly. So I hope that the Senate will vote tution is in effect today, tomorrow, or We faced then, as we do now, in cer­ down. the motion for cloture, and that forever, until we change it; and if a tain degree, the necessity of preventing we will lay at rest once and for all the majority of the Senate can change the the overriding of minorities in the Sen­ issue as to whether or not a group of men rules of the Senate by a mere majority ate as a necessary protection both to the can change the rules of the Senate at of one, it can change the rules any day, great, large States of the Union, and to will at the beginning of each Congress, whenever the majority thought it had the very small States of the Union, and when we have had decisions of the Su­ the advantage of a majority of one at the comparatively small ones, such as I preme Court, we have had precedents of that time. I think it would transform the represent. 1880 CONGRESSIONAL RECORD- SENATE January 27, 1969 It is apparent without saying that a the safety, and the solvency of the Amer­ measures, so long as ntle XXII is left State the size of New Hampshire, or ican Republic. intact. of the State represented by my distin­ I have only a few more words to say. One more point. When we talk about guished friend the Senator from Rhode In the years that I have served in the ntle XXII, we talk about prolonged de­ Island, or of Wyoming or Delaware or Senate, I have voted consistently against bate. We talk about the need for cloture. West Virginia, has no protection in the undue dilution of ntle XXII. I intend to But there is one thing that we tend to House of Representatives from a measure continue to vote that way. But by the forget. If ntle XXlI is to be revised, it which might be, unintentionally perhaps, same token, it has been my feeling that should be revised in more than just the unjust, and work a hardship on the it was my duty, after any controversial situation that is contained in the pres­ smaller States; because my State has two matter had been debated and thrashed ent proposal. The first time I ever voted Members in the House of Representa­ out a sufficient length of time-and I for cloture, and we began the procedure tives, and the State of New York has mean when the debate goes into days in the period after cloture had been in­ more than two score, of course. and days and weeks, and has been thor­ voked, I felt very keenly that one title So it is not very difficult to call atten­ oughly aired, and the issues have been of the omnibus civil rights bill worked a tion to the fact--and this is not a matter thoroughly advertised to all the people grave injustice and authorized such a of States' rights as such; it is a matter of this country-to vote for cloture. One naked use of Federal power that I felt it of a time that may arrive for any man reason that I have done so is this: It has was extremely dangerous. I could not vote in the Senate who represents a State of been my opinion that those who consist­ for a bill that contained that particular small population: the hour may come ently, blindly say, "No, there shall be no title. I had before the Senate an amend­ when, in defense of the vital welfare of cloture voted" are at the same time ment to delete the title. his own people, a Senator needs to be hastening the day and aiding those who When cloture is voted, every Senator able to stay the hand of rapid and head­ seek to dilute and weaken rule XXII; knows that only those amendments that long legislation long enough to make his because if cloture is never invoked, after are at the desk, and in the exact form cause known, and to secure a sound and a prolonged period of debate, then we are in which they are at the desk, can be fairminded Senate-and I have never demonstrating that there is merit in the voted upon and that no other amendment served in any other kind of a Senate arguments of those who wish to weaken can be offered in the absence of unani­ than those that were fairminded, if the ntle XXII. mous consent. issues were clearly laid down-to secure Mr. President, there is the exception of What happened? I had earlier offered protection for his small State. a debate that has been started in the my amendment. The amendment was But by the same token, Mr. President, closing days or hours of a Congress. I narrowly defeated. Two Senators said to Senators who represent the great States well recall one that concerned the pollu­ me, "If you will revise your amendment of New York, California, Illinois, and the tion of one of the Great Lakes. I recall so that it does not go quite so far in the other huge States of the Union might some other measures that were not laid matter of this title, those who have said think twice before they take steps to before the Senate or did not become the they are opposed to it, will vote for it." weaken ntle XXII, because I believe it business of the Senate until only a few I sought to offer the same amendment, was less than 4 years ago that it was re­ days, sometimes only a few hours, be­ slightly revised, after cloture had been vealed by the Tax Foundation-and I fore adjournment. In those cases, by voted, and the majority leader, as it was think it has been corroborated since­ what is known by some as a filibuster, by perfectly proper for him to do, objected. that at that time, six States in the Union others as prolonged debate, depending on It could not even be considered. paid more than half of all the Federal one's point of view on the particular So only those amendments that are at taxes in this great country. Six great question, legislation has been held up-­ the desk, and in the exact form in which States; and those six States obviously held up until the next session of Con­ they are at the desk, can possibly be con­ had but 12 Senators in this body. gress. sidered after cloture has been invoked. In an hour such as this, when all I do not know of any irreparable dam­ This does not refer to the rule that thoughtful people are concerned with age that was done to the country by each Senator may have only 1 hour after public expenditures, with inflation, with holding up those measures. cloture has been invoked. That is a good the rising debt, with the obligations that As regards lengthy debates or so-called ntle. The ntle that he may not a.ssign his are being laid upon us, and with the in­ filibusters that have taken place in the 1 hour to another Senator is a good rule. evitable increase of taxes, even beyond 14 years I have served as a Member of But the rule that he may not offer an the heavy burden that we now face, the this body, I do not know of a single meas­ amendment to an amendment within time well might come when the six most ure that was ever stopped in those 14 that hour, or use the time within that powerful and richest States in this Union years. I have known of measures that hour, or even offer an amendment when could suffer as grave an injustice as any were amended before the Senate voted his time has expired, and there can be small State, because of their stake in the upon them. I have known of some second no debate, is, in my opinion, an oppres­ financing of the United States of Amer­ thoughts, some modifying, some soften­ sive rule. It means that cloture, when it ica, with only 12 Senators, if you please, ing, or, as our great friend and great has been invoked, has the effect of freez­ to represent them. Senator, the recent President of the ing, in a sense, the measure before the This no one can foresee. Senators will United States, Lyndon Johnson, would Senate, and makes it impossible to con­ note that I am now discussing subjects say, a reasoning together, that took place sider amendments that would earlier that have no relation whatsoever to the because of the prolonged debate. have been considered in the absence of question of civil rights. It has come to a But I have voted for cloture. I voted for prolonged debate. point where, almost universally, if you cloture in the case of one bill that I was There are many other reasons. Many talk about cloture or talk about debate opposed to and that I voted against on masterly arguments against cloture have in the Senate, or use the word "fili­ the rollcall. But I voted for cloture, know­ been advanced on the floor of the Senate. buster," in speaking with any citizen, he ing that there were enough votes to pass The Senator from New Hampshire instantly begins to talk about racial rela­ it. I did so after many weeks and when I served in the House and has a vivid recol­ tions and the question of civil rights. But felt that it was time that the Senate lection of the handling of appropriation a decade from now-and we pray that had the opportunity to work its will on measures in that body. When I was a this will happen-we may flnd that the the measure. But I have not known of member of the House Committee on Ap­ problem of racial relations and the prob­ any important measure, or any measure, propriations, bills providing literally lem of civil rights have gone into history, in the years I have been here that did not billions of dollars came before the House as crises that have been met and reason­ finally reach a vote, if the debate took under a rule that allowed 40 minutes to ably resolved and solved by our Republic. place at any reasonable time during the each side. I trust I do not violate the But, a decade from now, Mr. President, session. I think that that will continue ntles, because I do not criticize the we may find some other menace, some to be the case. House, but the House, because of its size, other highly sensitive and controversial Therefore, I would feel, frankly, that if does have to have a rule of unanimous issue, upon which it will be necessary to rule XXII were diluted, I would be more consent. Under unanimous consent, we have a deliberative Senate, so that hasty reluctant to vote for cloture on indi­ have committeed the same sin in the and thoughtless action may not take vidual measures. I feel a sense of duty Senate, but it can be blocked by one place, to the detriment of the security, to vote for cloture at the proper time on Member. January 27, 1969 CONGRESSIONAL RECORD- SENATE 1881 However, the day has come for us to quietly enough so that our words can be Congress with my father, Howard H. consider the need to make certain that heard as well as our voices. And he has Baker. Following my election to this this Republic is strong in its military promised that the Government will listen body, I came to know well and to admire protection. in new ways to the anguish and despair "FATS" EVERE=, and I had a profound The time has come when we must of the people who have not been heard respect for him. weigh with care the huge bills that come before. No one served more ably or had a to the Senate as a matter of course, pro­ He noted that our greatest need now keener knowledge of that which was viding billions and billions of dollars in is to reach beyond Government to enlist· best for his people than did "FATS" appropriations. As a member of the Com­ the help of committed and concerned EVERETT. No one enJoyed more the busi­ mittee on Appropriations-and I have citizens across this continent. ness of the representation of people. This been as remiss, I fear, as any other Sen­ Mr. President, President Nixon has on Congress and the citizens of the Eighth ator-I do not want to see the situation many occasions spoken of politics being District will miss him. arise in which we can spend this country the art of the possible and of seeking into bankruptcy or into insolvency or through intelligent effort to expand the into galloping inflation that takes the bounds of that which is possible. In these RECESS bread out of the mouths of our people, alms every American should stand be­ Mr. KENNEDY. Mr. President, in ac­ until the Senate has had an opportunity hind him and the pledges he made in his cordance with the order of Thursday, to weigh the details. inaugural address. January 23, 1969, pursuant to the last The time has gone by-and I hope that resolving clause of Senate Resolution the Appropriations Committee and every 62, and as a further mark of respect to other Senator will feel the time has MESSAGE FROM THE HOUSE the memory of the late Representative gone by-when we can deal with these A message from the House of Repre­ EVERETT, I move that the Senate now huge lump appropriations without bring­ sentatives, by Mr. Bartlett, one of its stand in recess until 12 o'clock noon to­ ing out on the floor many of the de­ reading clerks, communicated to the morrow. tails that often have been overlooked. Senate the intelligence of the death of The motion was unanimously agreed I have seen the Senate argue all day Hon. ROBERT A. EVERETT, late a Repre­ to; and (at 3 o'clock and 7 minutes over a few thousand dollars or $1 or $2 sentative from the State of Tennessee, p.m.) the Senate took a recess until million, and then the next day pass a bill and transmitted the resolutions of the tomorrow, Tuesday, January 28, 1969, providing for $7, $8, $15, or $20 billion, House thereon. at 12 o'clock meridian. without any real knowledge of its details. These are things we must think of, and these are the reasons why this Senator DEATH OF REPRESENTATIVE ROB­ NOMINATIONS will vote against the modification of rule ERT A. EVERETT. OF TENNESSEE XXII. Executive nominations received by the Mr. HOLLAND. Mr. President, will the Mr. BAKER. Mr. President, on behalf Senate January 27 (legislative day of Senator yield? of myself and my colleague (Mr. GoRE), January 10), 1969: Mr. COTTON. I yield. I send to the desk a resolution and ask HOUSING AND URBAN DEVELOPMENT Mr. HOLLAND. Mr. President, I thank unanimous consent for its immediate Richard C. Van Dusen, of Michigan, to the Senator warmly for his exceedingly consideration. be Under Secretary of Housing and Urban constructive, exceedingly cautious, and The PRESIDING OFFICER. The reso­ Development. exceedingly commonsense approach to lution will be stated. Floyd H. Hyde, of Cautornla, to be an As­ this subject. I believe he has made a very The assistant legislative clerk read as sistant Secretary of Housing and Urban De­ great contribution to this debate, and I follows: velopment. S. RES. 62 Samuel C. Jackson, of the District of Co­ thank him for it. Resolved., That the Senate has heard with lumbia, to be an Assistant Secretary of Mr. COTTON. I thank the Senator profound sorrow the announcement of the Housing and Urban Development. from Florida. death of Hon. Robert A. Everett, late a Repre­ Samuel J. Simmons, of Michigan, to be sentative from the State of Tennessee. an Assistant Secretary of Housing and Urban Resolved., That a committee of two Sena­ Development. PRESIDENT NIXON'S INAUGURAL tors be appointed by the Presiding Officer to Sherman Unger, of Ohio, to be General ADDRESS join the committee appointed on the part of Counsel of the Department of Housing and Urban Development. Mr. BAKER. Mr. President, a few days the House of Representatives to attend the funeral of the deceased Representative. REA ago this Nation witnessed the inaugura­ Resolved., That the Secretary communicate David A. Hamil, of Colorado, to be Admin­ tion of its 37th President. In his inaug­ these resolutions to the House of Representa­ istrator of the Rural Electrlficatlon Admlnls­ ural address, Richard Nixon promised no tives and transmit an enrolled copy thereof tratlon for a term of 10 years. neatly defined solutions. He offered only to the famlly of the deceased. !N THE Am FORCE realism and avoidance of quick or easy Resolved., That, as a further mark of re­ answers. spect to the memory of the deceased, the The following-named officers for temporary Senate do now recess. appointment 1n the U.S. Air Force under the Two recurring themes emerged from provisions o! chapter 839, title 10 of the the inaugural address of President The PRESIDING OFFICER. Is there United States Code: Nixon-peace abroad and unity at home. objection to the present consideration of He spoke of the crisis in America: To be brigadier generals the resolution? Col. Fred A. Helmstra, FR19637, Regular We have found ourselves rich In goods, but There being no objection, the resolu­ Air Force, medical. ragged In spirit; reaching with magnificent tion CS. Res. 62) was considered and Col. Paul P. Douglas, Jr., FR8073, Regular precision for the moon but falllng Into unanimously agreed to. Air Force. raucus discord on earth. The PRESIDING OFFICER. The Chair Col. James 0. Frankosky, FR9758, Regular We are caught 1n war, wanting peace. We Air F'orce. are torn by division, wanting unity. We see appointa the Senators from Tennessee (Mr. GORE and Mr. BAKER) to join the Col. Victor N. Cabas, FR12162, Regular Air around us empty Uves, wanting fulfillment. Force. We see tasks that need doing, waiting tor committee appointed on the part of the Col. Kendall S. Young, FR36493 (lleuten­ hands to do them. House of Representatives to attend the ant colonel, Regular Air Force), U.S. Air To a crisis of the splrlt, we need an answer funeral of the deceased Representative. Force. of the spirit. Mr. BAKER. Mr. President, RoBERT A. Col. Wllllam A. Jack, FR10074, Regular Air And to find that answer, we need only look "FATS'' EvERETT was first elected to the Force. within ourselves. U.S. House of Representatives in 1958 Col. Ernest F . John, FR10075, Regular Air President Nixon also expressed his hope to flll the unexpired term of Congress­ Force. for a united Nation, one in which every man Jere Cooper. Prior to that time, he Col. Ralph J. Hallenbeck, FR10170, Regular Air Force. man can share fully in the shaping of had been an administrative assistant to Col. Qulntlno J. Serenatl, FR29857, Regular his destiny. He said: Senator Tom Stewart and later to Gov. Air Force, medical. No man can be fully free whlle his neigh­ Gordon Browning. He had also served as Col. Harold L. Price, FR50358, Regular Air bor ls not. To go forward at all ls to go for­ executive secretary of the Tennessee Force. ward together. County Services Association. Col. Woodard E. De.vis, Jr., FR33914, Regu­ He has asked that we learn to speak After his election, he served in the lar Air Force. 1882 EXTENSIONS OF REMARKS January 27, 1969 Col. Ray M. Cole, FR15568, Regular Air Col. W1111am C. Fullllove, FR15853, Regu­ Col. John W. Roberts, FR15280, Regular Force. lar Air Force. Air Force. Col. Michael C. McCarthy, FR9721, Regular Col. Charles E. Yeager, FR16076, Regular Col. Brian S. Gunderson, FR60308, Regular Air Force. Air Force. Air Force. Col. Jessup D. Lowe, FR9807, Regular Air Col. Harold R . Vague, FR22991, Regular Col. Geol!rey Cheadle, FR15830, Regular Force. Air Force. Air Force. Col. Donald A. Gaylord, FR10003, Regular Col. Paul G. Galentine, Jr., FR14734, Reg­ Col. Floyd H. Trogdon, FR16737, Regular Air Force. ular Air Force. Air Force. Col. Vernon R. Turner, FR10146, Regular Col. Foster L. Smith, FR15882, Regular Air Force. Air Force. Col. Devol Brett, FRl 7000, Regular Air Col. Edgar H. Underwood, Jr., FR19262, Col. Thomas P . Coleman, FR13283, Regular Force. Regular Air Force, Medical. Air Force. Col. Paul F. Patch, FR35545, Regular Air Col. Coleman 0. Williams, Jr., FR9709, Col. Homer K. Hansen, FR14983, Regular Force. Regular Air Force. Air Force. Col. Harold E. Collins, FR17200, Regular Col. Leslie J. Westberg, FR35854, Regular Col. Peter R. DeLonga, FR15567, Regular Air Force. Air Force. Air Force. Col. Benjamin N. Bellis, FRl7330 {lieuten­ Col. George K. Sykes, FR9763, Regular Air Col. Clil!ord W. Hargrove, FR10038, Regu­ ant colonel, Regular Air Force), U.S. Air Force. lar Air Force. Force. Col. Wendell L. Bevan, Jr., FR9780, Regular Col. Samuel M. Thomasson, FR20025, Reg­ Col. Salvador E. Felices, FR17377 (lieuten­ Air Force. ular Air Force. ant colonel, Regular Air Force) U.S. Air Col. WU!lam P. Comstock, FR37182 (lieu­ Col. Robert E. Huyser, FR35502, Regular Force. tenant colonel, Regular Air Force) U.S. Air Air Force. Col. Richard G. Cross, Jr., FR14492, Regu­ Force. Col. William J. Evans, FRl 7355 {lieutenant lar Air Force. Col. Richard C. Catledge, FR9951, Regular colonel, Regular Air Force) U.S. Air Force. Col. Lew Allen, Jr., FR17342 (lieutenant Air Force. Col. Thomas W. Morgan, FR13964, Regu­ colonel, Regular Air Force) U.S. Air Force. Col. Madison M. McBrayer, FR33355, Regu­ lar Air Force. Col. Martin G. Colladay, FR17344 (lieuten­ lar Air Force. Col. W1lliam R. Goade, FR14552, Regular ant colonel, Regular Air Force) U.S. Air Col. Will1am H. Holt, FR35483, Regular Air Air Force. Force. Force. Col. Charles I . Bennett, Jr., FR16442, Reg­ Col. Charles C. Pattillo, FR23720 {lieuten­ Col. James H. Watkins, FR10104, Regular ular Air Force. ant colonel, Regular Air Force) U.S. Air Air Force. Col. Otis E . Winn, FR10013, Regular Air Force. Col. Warren D. Johnson, FR14367, Regular Force. Col. Billie J. McGarvey, FR16176, Regular Air Force. Col. Woodrow A. Abbott, FR12763, Regular Air Force. Air Force. Col. Paul C. Watson, FR14603, Regular Air Col. James D. Hughes, FRl 7468 {lieutenant Force. Col. James R. Pugh, Jr., FR13711, Regular Air Force. colonel, Regular Air Force) U.S. Air Force. Col..Maxwell W. Steel, Jr., FR19275, Regu­ Col. Robert P. Lukeman, FR14156, Regular Col. James R. Allen, FRl 7789 {major, Regu­ lar Air Force, Medical. Air Force. lar Air Force) U.S. Air Force. Col. Jack K. Gamble, FR14026, Regular Air Col. James L. Price, FR34018, Regular Air Col. Robert E. Pursley, FR18516 {major, Force. Force. Regular Air Force) U.S. Air Force.

EXTENSIONS OF REMARKS MAN OF THE SOUTH American business leaders who have been He became a Director of Lykes In 1925; a named to the South's Hall or Fame, and the Vice President in 1930; Executive Vice Presi­ decision is based on an annual poll. dent In 1943, and served as President from HON. HERMAN E. TALMADGE Letters, ballots, petitions and resolutions 1951 until 1962 when he was elected Chair­ OF GEORGIA urging Mr. Turman's selection were received, man and Chief Executive Officer, a post he IN THE SENATE OF THE UNITED STATES Colonel Lee said, from throughout the held until 1967 when he elected to step down. United States and from countries around the In world business circles he Is recognized Monday, January 27, 1969 world. The flood of votes In Mr. Turman's be­ as one of the foremost authorities on ship­ half started pouring in shortly after the ping and he has served his company, hl:1 Mr. TALMADGE. Mr. President, each nominees were announced. southland and his nation with distinction, year a "Man of the South" is honored Mr. Turman, a Director and Chairman of making major contributions to all three. by Col. Hubert F. Lee in his Dixie Busi­ the Executive Committee of Lykes Corpora­ In 1949, he received the French Medal ot ness magazine, published in Atlanta, Ga. tion and Lykes Bros. Steamship Co., Inc., Is Commercial Merit and in 1952 was made an Colonel Lee has just celebrated his 40th the senior ranking member of the Lykes fam­ honorary member of the Louisiana Chapter anniversary as editor and founder of this ily which founded the vast Lykes enter­ of Beta Gamma Sigma, the nation's leading fine publication. prises that have contributed greatly to the national honorary scholastic fraternity. In The award this year goes to Solon development of the south. 1957 he was named Louisiana's Maritime Brinton Turman, Man of the South for Mr. Turman this year observes his 50th Man of the Year, and In 1961 he won twin­ anniversary with the Lykes organization. In honors as the recipient of the American Le­ 1968, for his outstanding accomplish­ addition to his active role In the Lykes gion's American Merchant Marine Achieve­ ments in the shipping industry, and for world-wide shipping operation, he is also ment Award, presented to him by the late his many contributions to the South and active in the many other Lykes lnterest.s President John F. Kennedy, and the same the entire Nation. which include cattle ranches In Florida and year was given the Vice Admiral Jerry Land I wish to bring to the attention of the Texas; meat packing plants in Florida and Medal, the highest honor paid to a non­ Senate an announcement of Mr. Tur­ Georgia, citrus groves and citrus concentrate technical person by the American Society of man's selection for this honor, as well as plants in Florida; Insurance companies in Naval Architects and Marine Engineers. a biographical article by Colonel Lee, and Florida, Georgia and North Carolina, bank­ The Individual's responsible for Mr. Tur­ ing in Florida and electronic firms In Louisi­ man winning the Man of the South honor, I ask unanimous consent that this ma­ ana, Florida and Georgia. and Colonel Lee, "reads like a 'Who's Who' terial be printed in the RECORD. In addition to his active role in the many In American and international business. All There being no objection, the material Lykes businesses, Mr. Turman also serves as of them had one thing in common-Solon was ordered to be printed in the RECORD, a Director of the Hibernia National Bank In Turman earned the honor for his distin­ as follows: New Orleans; Chairman of the Board of Gulf guished service to the South over a lifetime." SOLON B. TuRMAN, NEW ORLEANS SHIPPING and South American Steamship Co., Inc., member of The Business Ccuncll, and only EXECUTIVE, Is MAN OF THE SOUTH FOR 1968 SOUTH'S HALL OF FAME FOR THE LIVING recently concluded a 24-year term as Director Solon Brinton Turman, of New Orleans, a {By Hubert F. Lee) leader of the United States Shipping Indus- of the Illinois Central Railroad. A native or Florida and a resident of New With the publication of this Issue of Dixie try, has been named Man or the South for Business, another Southerner joins the ranks 1968, It was announced today by Colonel Orleans since 1930, Mr. Turman ls the son Hubert F. Lee, Editor and Publisher of Dixie of the late Solon B. Turman and the late of the "Hall of Fame for the Living," the Business, or Atlanta, which has sponsored Miss Tillie Lykes. He attendP.d Virginia Mili­ honor group from which the "Man of the the selection since 1946. tary Institute and the University of Virginia South" is named each year. Colonel Lee pointed out that the award Is and his career with the Lykes enterpr!ses He is Solon Turman, of New Orleans, a made to the man selected from the 200 dates ba~k to 1919. member of the Internationally-known Lykes