212 EXTENSIONS OF REMARKS January 19, 1976 Redington Beach, Fla., relative to the dis­ coal deposits subject to such lease are lo­ "(8) •.New natural gas' means natural gas continuation of photocopy services at post cated. No such lease may be issued under produced by independent producers and solei offices; to the Committee on Post Office and this Act before the expiration of the 60-day or delivered tn Interstate commerce- Civil Service. period beginning on the date of such sub­ (A) which is dedicated to interstate com­ 370. Also, petition of the city council, mission. If any Governor to whom a pro­ merce for -:;he first time on or after Janu­ Inkster, Mich., relative to the observance of posed lease wa,s submitted under this sub­ ary 1, 1976, or Martin Luther King's birthday as a national paragraph objects to the issuance of such (B) which is continued in interstate com­ holiday; to the Committee on Post Office and lease, such lea,se shall not be issued before merce after the expiration of a contract by Civil Service. the expiration of the one-year period begin­ its own terzns (and not through the exer­ 371. Also, petition of B'nai B'rith Women, ning on the date the Secretary is notified by cise of any power to terminate or renegoti­ Washintgon, D.C., relative to tax credits for the Governor of such objection. During such ate contained therein) for the sale or deliv­ child care; to the Committee on Ways and one-year period, the Governor may submit­ ery of such natural gas existing as of such Means. to the Secretary a statement of reasons why date, or 372. Also, petition of the United-Italian such lease should not be issued and the Sec­ (C) which is produced from wells com­ American Labor Council, Inc., New York, retary shall, on the basis of such statement, menced on or after January 1, 1976. N.Y., relative to Federal aid to New York reconsider the issuance of such lease." "(9) 'Old natural gas' means natural gas City, and multinational corporations and H.R. 9464 other than new natural gas. labor standards; jointly, to the Committees B~- Mr. ECKHARDT: "(10) 'Affiliate' means any person directly on Banking, ClllTency and Housing. and Edu­ or indirectly controlling, controlled by, or cation and Labor. (Amendment to Mr. Krueger's amendment published in the CONGRESSIONAL RECORD of under common control or ownership with December 8, 1975; on pages 39152-39156.) any other person, as determined by the Section 204 is amended to read as follows: Commission pursuant to its rulemaking "SEc. 204. (a) section 2 of the Natural authority. AMENDMENTS Gas Act (15 U.S.C. 717(a)) is amended by "(11) 'Offshore Federal lands' means any Under clause 6 of rule :xxm, pro­ redesignating paragraphs (7) through (9) land or subs1.trface area Within the Outer posed amendments were submitted as as paragraphs (13) through (15) and in­ Continental Shelf, as defined in section 2 follows: serting the following new paragraphs: (a) of the Outer Continental Shelf Lands H.R. 6721 "(7) 'Boiler fuel use of natural ga,s' means Act (43 U.S.C. 1331(a)). the use of natural gas a,s the source of fuel .. (12) 'Independent producer' means a per­ By Mr. SIMON: in a generating unit of more than 25 mega­ son, as determined by the Commission, (A) Page 20, line 8, after" (2)" insert "(A) ". watts rated net generating capacity or in Page 20, after line 20, insert: who is not affiliated with a person engaged any unit which is part of an electric utili­ in the transportation of natural gas in in­ "(B) Any lease which permits surface coal ties system with a total net generating ca­ terstate commerce, and (B) who is not a mining which the secretary proposes to is­ pacity of more than 150 megawatts for the producing division of such a person en­ sue under this Act -shall be submitted to the purpose of generating electricity for distri­ gaged in the transportation of natural gas Governor of each State within which the bution. in interstate commerce.

EXTENSIONS OF REMARKS EFF.ECTIVE FEDERAL INCOME TAX outlived their usefulness, in other cases The banking industry provides a service; RATES OF MAJOR U.S. BANKS they may be completely justified. In any it does not manufacture goods. Nonethe­ JANUARY 19, 1976 event, their clever use by many American less, the industry has moved into two companies has allowed companies to other areas of tax preference which have HON. CHARLES A. YANIK drastically lower their Federal income long been the province of nonfinancial tax load, or avoid it completely. corporations-the foreign tax credit and OF I hope that the following summary and liberalized capital recovery provisions. IN THE HOUSE OF REPRESENTATIVES statistics on U.S. commercial banks will According to the Federal Reserve Monday, January 19, 1976 be of interest to my colleagues. study, foreign tax credits claimed by Mr. VANIK. Mr. Speaker, in October COMMERCIAL BANKS banks jumped from $63 million in 1967 to of last year I released my fourth annual Only recently have the full implica­ $218 million in 1971. This increased use corporate tax study. The study is a tions of the trend of tax avoidance by of the foreign tax credit simply docu­ report on close to 150 major American commercial banks begun to unfold. A ments the remarkable growth in intet·na­ companies, from industrials to utilities, little over a year ago an economist at the tional activities by the banking industry. and transportation to commercial banks. Federal Reserve Bank com­ In 1971, 91 U.S. banks had a total of 583 Using publicly available figures, the piled data on the tax burden of banks foreign branches. The combined assets of study is able to approximate the effec­ over the past decade. The results were these foreign branches totaled over $60 tive Federal income tax rates of the com­ startling. In 1961, commercial banks billion, or about 10 percent of the total panies. This latest study, for tax year were paying an effective rate of Federal assets of all domestic banks and 1974, showed that 142 companies paid income tax of about 3a.3 percent of net branches. In just 2 years there was a re­ an approximate effective U.S. Federal in­ income. By 1972 the rate had dropped markable expansion of foreign opera­ come tax at a 1·ate of 22.6 percent. to 16.8 percent. tions. By 1973, 136 U.S. banks-an in­ Because of the length of the statistical There are several reasons underlying crease over 1971 of 45 banks-haq foreign portion of that study, I did not include the reduction of Federal tax liability by branches. The number of foreign a summary of the situation with respect banks. First, the banking industry gen­ branches grew to 694. By the end of July to the commercial ba.nking portion of the erally earns a good portion of its income 1974, the assets held by these branches economy. Because of the recent interest from investments in tax-exempt State totaled $145 billion-over twice the total that has focused on commercial banks, I and local securities. Under our tax laws of 1971 and a twelvefold increase over would like to insert that summary for the interest on State and local govern­ 1966. At the same time, foreign t-ax the information of my colleagues. ment obligations is exempt from income credits claimed by banks increased by The figures show that the nine com­ tax. Generally speaking, about 11 per­ more than tru·eefold in 4 years. mercial banks in the study paid an aver­ cent of the assets of commercial banks The growing investment of U.S. banks age approximate effective Federal tax of consists of these securities. in foreign operations raises significant 11.7 percent-a far cry from the 48 per­ A second tax advantage exploited bY questions concerning the risks and con­ cent corporate tax rate. banks is the lower capital gains tax on flicts these activities hold for the stabil­ I must emphasize that these banks the income from securities transactions. ity of the domestic banking industry. were able to reduce their tax load Additionally, banks are allowed tax For example, what impact do these ac­ through entirely legitimate means. They deductions for reserves set up to offset tivities have on the control of domestic have taken full advantage of the tax loan losses. credit fiows and the allocation of credit "stimulants" and "incentives" that the These three tax advantages are en­ among sectors of the U.S. economy? Congress has put into the tax code. In joyed by banks primarily because of their As disturbing as the worldwide expan­ some cases these provisions may have unique status as financial institutions. sion of banking has become, the move- January 19, 1976 EXTENSIONS OF REMARKS 213 ment of banks into the use of tax deduc­ try is a direct result of our liberalized means increasing banking concentration tions typically exploited by manufac­ tax treatment of capital investment. of control and ownership of industry." turing corporations is equally serious. Leasing involves capturing tax benefits This development, in turn, has the Through equipment leasing, banks have which otherwise might have been lost. most significant implications for the fu­ opened the door to an entirely new and As a Boston Federal Reserve Bank study ture strength of our economy. Competi­ profitable area of tax avoidance. Leas­ on leasing stated: tion and risk impose important discipline ing actually involves the bartering of "Tax considerations are a major ele­ on the marketplace; they make sure that tax breaks, principally the investment ment in most large leasing deals, when a business decisions are prudent and that tax credit and accelerated depreciation lessee is unable to take advantage of the business activity is efficient. Leasing ac­ deductions. The bank purchases equip­ tax benefits accruing to the acquisition tivities minimize the influence of both ment, claims the tax advantages of the of capital assets for whatever reason risk and competition. How healthy can investment and then leases the equip­ (e.g., earnings may be too low or avail­ it be for banks to have 100 percent equity ment to the industrial corporation that able write-offs may already be large) ... control over capital equipment with as actually uses it. Generally, however, if a lessee antici­ little as 20 percent equity funds? An illustration will demonstrate the pates sufficient taxable income, borrow­ In 1974, Senators METCALF and Mus­ financial appeal that leasing transac­ ing to purchase equipment offers greater KIE, Chairmen of two Senate Govern­ tions hold for the banks. Generally tax benefits and is less expensive than ment Operations Subcommittees, pub­ speaking, there are four parties to a lev­ leasing." lished their monumental study, Disclos­ ered lease arrangement: Why should we be concerned with the ure of Corporate Ownership. This study First, a commercial bank, which serves rapid growth of the leasing industry? showed the growing power of banks and as the lessor; Fh·st, it indicates the fact that our tax bank trust departments in the possible Second, an insurance company or in­ system has been saturated with invest­ control of the American world economy: vestment banker which lends the lessor ment incentives to the extent that fi­ "As the tabulations in this report make as much as 85 percent of the equipment's nancing gimmicks are needed to utilize abundantly clear, trust departments of purchase price; the tax benefits we have provided. Sec­ banks, and especially of the large New Third, a leasing broker who promotes ond, leasing has no net benefit to our York City banks, are conspicuous among and mediates the transaction; and economy over any other means of financ­ the 30 largest holders of most of the com­ Fourth, the lessee, usually an indus­ ing capital investment, but it can create panies which responded fully, or even in trial corporation. distortions in our economy by over­ part, to Senator METCALF's letter. This The commercial bank, as lessor, only stimulating investment. Take the ex­ concentration of holdings suggests sig­ needs 15 percent equity interest in the ample of the airline industry, where nificant influence by these banks in the equipment in order to take advantage many companies are now saddled with management of the companies where of the tax savings. These savings in­ over-commitments to new aircraft and they hold large blocks of stock. However, clude: expensive ground facilities. In the 1960's this is an area in which there is a great when thes~ investments were made, the deal of ignorance." First, deduction of the interest pay­ We may be ignorant of the day-to­ ments on debt; profit position of these companies did Second, use of the Asset Depreciation not justify some of these massive invest­ day control that these banking giants ments. But these strictly economic con­ exercise over America's industrial cor­ Range in order to reduce the equip­ porations-but there can be no doubt ment's service life; siderations were overridden by generous tax benefits. In short, leasing appears to that their control is growing, fed by the Third, amortization of the initial ad­ cash flow of tax free income and nearly ministrative costs of entering into the have magnified the tax-induced distor­ tions of investment patterns in our econ­ untaxed profits. lease; and omy. The time is long past due when those Fourth, use the investment tax credit. Finally, the remarkable growth of interested in democratic public policy Leasing is not confined to the highly leasing raises some important questions should demand an investment and tax publicized "big ticket" items such as air­ concerning the futw·e health of our accounting of the Nation's banking planes, railroad cars, and merchant giants. eccnomy. As an economist for the Finan­ Following is data on eight of America's ships. Leasing also extends to such mun­ cial and Commercial Chronicle has dane investments as potato chip cookers, nine largest banks. In 1974, these eight noted: financial giants paid $174 million in Fed­ portable handball courts, and zebras for "The spectacular entry of bank organi­ amusement parks. Even on these invest­ eral corporate taxes on $1,489 million in zations into direct lease financing can profits for an industry average effective ments, tax benefits are bartered. How literally turn our economic system up­ rate of 11.7 percent. This phenomenally fast has this industry been growing? No­ side down * * * (T) his trend is taking low tax rate is not a 1 year accident. In body knows for sure, but the Federal Re­ our economy from a system comprised of 1973, for exa-mple, the eight leading serve Bank of Boston estimates that the owners who are the produce1·s into one banks paid $108 million on $1,124 million industry grows 10 to 30 percent per year. where the owners are not the producers in profits for an effective tax rate of The development of the leasing indus- but the financie1·s * "' * In a word, it 9.6 percent.

APPROXIMATE EFFECT TAX RATES PAID BY SELECTED LARGE CORPORATION5-1974

Adjusted net income Approximate before Approximate adjusted Approximate Federal current net income Approximate Approximate Approximate U.S. effective and foreign Federal before taxes paid current effective tax rate income and foreign Federal to foreign Federal worldwide on worldwide tax 1 income tax income taxs governments incometaxz tax rate income* Corporation (thousands) (thousands) (thousands) (thousands) (thousands) (percent) (percent)

Commercial banking list: ~i~~~ ~a~i~~~f 8iorpcor·~-citicor______365, 54o 94, ooo 3ot, 54o 64, ooo 30, ooo 25.7 9. 9 The Chase Manh~ttan go~ -- P>------·------512,295 209,401 351,295 161,000 48,401 40.9 13.9 Manufacturers Hanover cCr -·------·----·------235• 487 66• 683 171,206 61,710 4, 973 28.3 2.9 J p M & Co I P------·------201,750 42,617 174,324 18,376 24 241 21.1 13.9 wst oraa\ c ., nc.- --·------·------250, 535 74, 946 213, 415 37, 236 37:710 29.9 17.7(4l ~~~~1~1~T~~~ ~~~-~g~e=t;~:::::::::::::::::::::::::::::::::------·91;o46 ------33;o2i------84; 915------··12;373------2o;s48- 34.(~ 24. continental·lllinois Corp P------S4, 002 15• 562 63,382 12,536 3, 026 18.5 4".8 ------·----·-----·-- 145,971 23,682 129,413 18,402 5, 280 16.2 4.1

Totll.~------·------1,892,626 559,912 1,489,490 385,633 174,279 29.6 11.7 214 EXTENSIONS OF REMARKS January 19, 1976 THE 200TH ANNIVERSARY OF THE the poncho, the blanket roll, the canteens­ Bahamas, the first of many successful am­ MARINE CORPS name it. phibious actions by the Marine Corps. It was Probably that is exaggeration, but then, led by the first commissioned officer of the the Marines are known for that, too, as well corps, Capt. Samuel Nicholas of Philadelphia. HON. STROM THURMOND as heroism, and Lou Diamond exemplified The object was to capture two British forts OF both. In the best sense, he epitomized the and run off with the powder and ammunition Marine Corps, the loyalty, courage, devotion stored there. They succeeded. IN THE SENATE OF THE and, above all, the esprit, that have marked Some other Marines outfitted themselves Monday, January 19, 1976 the corps since its beginning 200 years ago. in an old boat and cruised the Mississippi, The saga of the Marine Corps began in a harassing the British. They renamed the Mr. THURMOND. Mr. President, on tavern, naturally enough. Tun Tavern, boat the USS Rattletrap, and kept it afloat the 200th anniversary of America, I Philadelphia, with Robert Mullen as propri­ for a year, until 1779, after which they left know of no greater institution in our etor. And, again naturally, the corps was old Rattletrap tied up in St. Louis, reported country which epitomizes our Nation's founded to solve a problem, then raised by to Gen. George Rogers Clark and fought, of history more than the U.S. Marine Corps. separate militia armies that lacked unifica­ all things, Indians. The history of America's fight to preserve tion and strong federal control. The next really notable encounter in Ma­ The idea, according to the Continental rine Corps history occurred in the Sahara freedom in the world can be traced by Congress, was to found two battalions of Desert, 600 miles of it across Libya to Derme, the feats of heroism of the Marine fighting men who were "good seamen, or so Tripoli. The march is forever etched into Corps from the Revolutionary War to acquainted with maritime affairs as to be Marine minds because it was the "shores Vietnam. able to serve to advantage by sea when re­ of Tripoli." But the truth is that there were In this Bicentennial Year, I am proud quired ..." only nine Marines involved, led by a Lt. to join with all Americans in paying Whereupon we come to Marines in the Presley N. O'Bannon. The rest of the forte tribute to the U.S. Marine Corps on the crosstrees of American ships, firing down were Greeks, Arabs, Turks and a lot of camels. occasion of its 200th anniversary. In into the decks of British ships. It was, of They did, however, succeed in raising the course, only the enlisted men who had to American flag over the fort and turning the recognition of their loyalty, dedication, scurry up the shrouds with muskets and fort's guns on the governor's castle, causing courage, and contribution to help defend powder and ball. The officers remained on him to haul down the Tripolitanian banner. our freedoms, I would like to insert in deck, with drawn cutlasses, ready to lead It was 40 years later, legend has it, in the the RECORD an excellent article which boarding parties. The story is that the officers Aztec Club in Mexico City that several con­ highlights the bravery and the historical were susceptible to mis-identification, which vivial officers made up the Marine Corps achievements of the corps. could lead to unfortunate marksmanship Hymn. Perhaps because they were there, the Mr. Albert Burchard, a former Marine from the rigging, and that the officers, there­ authors put the "halls of Montezuma" first. fore, adopted the odd, four-pointed ribbon They then recalled a comic-opera tune by and a member of the staff of the New insignia for the top of their caps. The de­ Offenbach and threw the whole thing York News, wrote an outstanding article vice-still worn, by the way-would make together. on the saga of the Marine Corps. His sure the officer was not shot by his own men. The result bas been known to bring tears article entitled, "Marines Can Be Proud That's the story, but, like so many others, to the eyes of tough men ever since. When of Their 200th Anniversary,'' was re­ it probably isn't true. The quatrefoil had the band starts to swing out the Hymn and printed in Human Events, the National been worn by European officers since the the troops are at a ramrod present arms, the Conservative Weekly, on January 17, 15th Century. spines of old Marines grow goose bumps. 1976. The enlisted men were perhaps somewhat The Aztec Club is interesting for another­ awkward as they ran the ratlines, and this and to a Marine minor-reason. Among its Mr. President, in commemoration of was due, at least in part, to their odd neck· charter members were U.S. Grant, Robert E. 200 years of brave and courageous fight­ wear. They sported leather collars, and .tra­ Lee, Franklin Pierce, Joseph Hooker, John ing for America, I ask unanimous con­ dition has it that these were meant to turn B. Magruder, George G. Meade and George sent for this feature article to be printed the enemy's cutlass blows. Again tradition B. McClellan. They were all to meet later in in the RECORD in honor of the u.s. Ma­ probably is wrong. The truth is that the the War Between the Stat es, frequently over rine Corps. leather was stiff and uncomfortable, but it gunsights. There being no objection, the article made the men stand up straight, which was In that war, the Marine Corps was en­ was ordered to be printed in the RECORD, especially impressive in shipboard ceremonies. gaged frequently, but usually in minor The collars have been gone a long time, skirmishes when, as members of a ship's as follows: but their tradition remains, and to this day crew, they stormed a rel;>el fort or helped MARINES CAN BE PROUD OF THEIR 200th Marines are called "leathernecks." There is keep Confederate shipping confined to port. ANNIVERSARY another odd descendant of the leather stock, There was one odd exception, and that was (By Albert Burchard) the name by which Marines, until recently, just before the Civil War erupted. A Kansas Parris Island, 1944 . • . Boot camp for the called a necktie. It was a field scarf, some­ zealot named John Brown (originally from thousands of kids who would, eventually, thing to go around the neck. And the Ma­ Troy, N.Y.) had seized the federal arsenal at emerge as Marines. Boot camp, and a drill rines, unlike Army men, never tucked it in. Harper's Ferry, Va. Marines, commanded by instructor turning them out at three in the They let it all hang out. Army Col. Robert E. Lee, took back the morning for close-order drill. Many modern Marines envy the originals arsenal and captured Brown and his force. Awe and fear of the drill instructor, but for one particular reason-no boot camp. The corps celebrated its first hundred years even he was in awe of one other enlisted Boot camp is a particular kind of hell di· spread around the world. Its functions were man at Parris Island, Master Gunnery Sgt. vised by some past genius for the warping becoming traditional-aboard capital ships Lou Diamond, turned out like a bea.rded re­ of the most rebellious characters into Ma­ of the Navy, guarding U.S. embassies, pro­ cruiting poster a-nd saluted by every man on rines. Boot camp is where the recruit learns tecting American interesm in brushfire af­ the post, from general down, except those to march and salute and fire a rifie and cuss fairs-and staying proficient in amphibious he had served with. They just shook bands. the drill instructor-but not audibly. There warfare. Nobody knew how old Lou Diamond was, the poor boot learns that it really is easy to These functions persist to this day. The but the hashmarks on his sleeve-one for fire a rifle from each of the four authorized corps now has about 196,000 men arranged every hitch--came almost up to the bottom positions-standing, kneeling, sitting and in three divisions and three air wings-plus rocker of his rank. He'd started in World prone. The sitting position is often difficult detachments at 115 embassies and aboard war I, or before, and carried a citation for at first, but the minute a 200-pound gun­ various ships. lobbing a 60-mm. mortar shell down the nery sergeant sits on the recruit's shoulders, But it took a long time for the corps to chimney of a German-occupied house in it becomes easy. be allowed even its first division. In fact, it . He had carried on through Haiti Gunnery sergeants are unique to the Ma­ was in World War II. and Nicaragua and into World War II, and rine Corps. It has been said that they are In , Marines carved a large on Guadalcanal he pulled another stunt with first sergeants whose brains have been hunk out of German-held territory in France a mortar. addled. However, that is not true. Gunnery and added more layers of tradition, but they In those days, in 1942, the 1st Marine sergeants stand to the left of the company were only a brigade, and they fought as part Division was clinging doggedly to a beach­ commander, take the commander's place at of an Army division. bead, and every night the Japanese would inconvenient formations such as reveille, They fought hard enough, though, so that send destroyers down the slot between Guad­ teach the fledglings how to drink beer, and Belleau Wood is officially called The Forest alcanal and Tulagi, and shell the Marines. generally make themselves conspicuous. of the Brigade of Marines, and the 6th Regi­ Lou got mad about that, and the story is When a starts to grow a beerbelly, ment was awarded the French fourragere, that he sat there on the beach holding a he is said to be "bucking for gunny." which its members still wear-a braided loop mortar between his knees, trying to get one In any event, the original Marines be­ around the left shoulder. shell down the stack of an enemy destroyer. haved admirably in various sea encounters Men of the 6th are still called "pogeybalt Between the wars, it is said, Lou Diamond and made a name for themselves in a couple Marines," because the legend is th&t they designed most of the equipment worn by of invasions during the Revolutionary War. arrived in France with their ships loaded ever-y Marine-the haversack, the field pack, One was at New Providence Island in the backward-equipment on the bottom, and Jan'ltary 19, 1976 EXTENSIO S OF REMARK

candy, shaving cream and ra:wr blades on ashore in amphibious tractors. The Japa ­ in 200 years. The Marines were in Vietnam, top. They are supposed to have worked their nese eme1·ged unhurt from their deep de­ and fought with great valor, particularly in way down to the combat gear. "Pogey-bait" fenses (coconut palm legs are notoriously the 70-day ordeal at Khe Sahn, where they is the Marine Corps name for candy and difficult to shell effectively), and one of the tied down so many enemy troops that an elab­ other goodies. It probably comes from an old fiercest struggles in the history of war was orate plan was ruined. But, even with the Navy term for shoreside treats not available under way. glory and the high courage and the gutsy at sea. The second wave started to the beach in determination displayed throughout the Viet­ It is easy to chuckle at such stories. But landing craft--to find that their craft nam War, there is somehow an empty feel­ these were the same ~furines whose com­ beached on a reef a hundred yards or more ing. It was a whole war that nobody won, mander, Col. Frederick M. Wise, wheeled his off shore. The official Marine Corps history or if somebody did, it was not the Marines, 5th Marines into line, then was told the says drily that this ''resulted in numerous and it was not in battle. French were retreating. He was advised to do losses from enemy fire." It was a mess, but Within the corps now there is talk of the same, but said, with moderate heat: t he Marines kept coming, and by late after­ the new computer and of new assault tech­ '·Retreat, hell! We just got here!'' · noon the 2d Regiment had dug in to stay. niques and of new weapons and personal de­ And it was also during World War I that The next day, Col. David M. Shoup (later to fenses, such as flak jackets. There is some Dan Daley led his troops out of the trenches be a commandant of the corps) radioed: quoting of Adm. Chester W. Nimitz, who said by yelling at them, "Come on, you sousa­ •·casualties: many. Percentage dead: un­ during World War ll that ·'uncommon valor bitches, do you want to live forever?" known. Combat efficiency: we are winning." was a common virtue." Very few Marine.;; Most Americans forgot the Marine Corps And so it went, up that ladder of islands. quote Harry Truman, who said that the corps over the next 23 years. They were buried in After Tarawa came Kwajalein, and after "has a propaganda machine equal to Joe such places as Haiti and Nicaragua, China that Eniwetok. Then came one of the prizes­ Stalin's.'' and the Philippines, and t hey fought fre­ the Guam-Tinian-Saipan stretch, with its But there is one thing that 200 yea.r ha'e quently, and with valor, without much capability of harboring aircraft tllat could shown. In the end, on the ground, 1t is still recognition. reach out to bomb Tokyo-not to 1nention a real-estate war. The Marines were en­ But when it became apparent that World Hiroshima and Nagasaki. listed 200 years ago to be fighting men, and War II was about to break out, the corps It was not all without 11umor. There is a whether it ic; from tl1e foretops of brigs or began putting a fine edge on its amphibious rumor that the over-all theater commander, the bows of a landing craft or the seat of a tactics. Gen. Douglas MacArthur once inspected a fighter plane, the corps will take the ground­ That war bad been foreseen as early as 1920 Marine heavy artillery outfit and found, to and hold it. by Maj. Earl E. Ellis, who wrote: "It will be his utter outrage, a sign hanging on the necessary for us to protect our fleet and land­ barrel of a cannon. It read: "With the help ing forces across the Pacific and wage war in of God and a few Marines, MacArthur re­ Japanese waters ... It is not enough that ta-kes the Philippines." the troops (in amphibious warfare) be A TRIBUTE TO AMERICA ~S GREAT­ Incidentally, not all Marines in World War EST SOLDIER-COL. "SI" PARKER skilled infantrymen or artillerymen of high II were in the Pacific, though nearly the en­ morale; they must be skilled jungle men and tire corps served overseas somewhere. water-men who know it can be done-Ma­ Okinawa was the last Japanese gasp, and rines with Marine training." again it was the Marines doing their thing­ HON. W. G. (BILL) HEF ER And, so i-t was on Aug. 7, 1942, that Ellis' but with a difference. There was no initial OF NORTH CAROLINA doctrine faced its test by fire. The 1st Ma­ Japanese resistance. It was Easter Sunday, IN THE HOUSE OF REPRESENTATIVES rine Division, Gen. A. A. Vandegrift com­ April 1, 1945, when the assault party-the manding, waded ashore at Guadalcanal and 1st Marine Regiment-went in, and within Monday, January 19, 1976 Tulagi. The landing craft were primitive, the three days they bad cut the island in half. Mr. HEFNER. Mr. Speaker, earlier rifles were 1903 design and the Japanese were Later, joined by the Army, they went toward fanatically-determined. Nevertheless, the Ma­ this month a well respected friend of the southern tip of the island, and it was a many people, Col. Samuel "Si" Parker. rines hung on. They clawed out Henderson different story. Field for their air support, waded through In the end, the Japanese surrendered, or the most decorated officer in \Vorld War acres of saber-like kunai grass, scaled steep were wiped out. Then came the atomic bomb I, died in Walter Reed Army Hospital. creek banks and learned night jungle fight­ and peace--for five years. The loss of Colonel Parker has saddened ing. Korea was another bloody chapter. l\Iac­ many of the people who knew and re­ The old Springfield '03 held five rocmds and Arthur called for the Mariees when his spected him throughout America. was hand-operated. The Japanese, of course, troops were compressed into the tiuy Pusan I am therefore taking this opportunity knew this. It therefore was quite a nice sur­ perimeter, and it was the :M:arines who led to pay tribute to this outstanding man prise, from the Marines' point of view, when the brillant MacArthur end-around to In­ a unit was secretly re-weaponed with the Ga­ chon and Seoul. who has been called America's greatest rand M-1, which held eight rounds and was At Inchon, one of the spearheads was soldier. A Sigma Phi Fraternity award semi-automatic. The Japanese waited until the 1st Marine Regiment, commanded by one given Colonel Parker in 1965 noted: five rounds had been fired and then charged of the most colorful of all Marines-Col. His achievements have brought honor and the American position-only to be mowed (later Brig. Gen.) Lewis B. Puller. He was prestige to America and to all the freedom­ down by the extra three bullets. universally known as Chesty, had five Navy loving world. The net effect of Guadalcanal was that the Crosses and a lot of other medals that do not Japanese Pacific advance had been stopped. come in Cracker Jacks, was a fearless mar­ Colonel Parker was one of the first But there was still a lot of war to be tinet and had a smile that would frighten Americans to volunteer for the armed fought. Dracula. He had led the 1st Marines before, services after the declaration of \Vorld The islands rw1 up the ocean toward in the jungles during World War II, and it is War I. He joined the 29th Infantry, 1st like so many stepping stones in a brook. They said that his only combat order was: "OK. Division, American Expeditionary Forces also rtm down from Japan towar1st Marine Division after So it went on, with the drive to the Yalu. battle are legendary. For his achieve­ the campaign. And so it went back, when the Chinese Com­ ments he was awarded the Congressional But there were still scores of islands to go-­ munists attacked across the border and Medal of Honor by President Franklin the Gilberts, the Carolines, the Marshalls, started to overrun everybody. The 1st Marine D. Roosevelt. He also received the Dis­ the Palaus, the Philippines, the Marianas, the Division was deployed around an area dom­ tiiJguished Service Cross and Silver Star Bonins and the Ryukyus. The names ring in inated by the Chosin Reservoir, and soon with Oak Leaf Cluster. He received the Marine Corps history like notes !rom the found itself sw·rounded. It was bone-cold, Liberty Bell. the snow was deep, the enemy remorseless. Purple Heart with Oak Leaf Cluster, The basic strategy was to bypass as many The first problem faced by Maj. Gen. Oliver Victory Medal with five bars and the islands as possible, but to take those needed P. Smith was to unite his men, deployed over French Foun·agere for individual brav­ for airfields and forward bases. One of the an area that normally would have required a ery. In addition, he received many other keys in this chain of thinking was Tarawa corps, not just a division. He ordered them awards from foreign countries. atoll in the Gilberts-heavily fortified, fully to fight their way together, and it took them Colonel Parker was the Nation's most garrisoned and truly formidable. 79 how·s of continuous battle in 20-below The Navy put together the mightiest task decorated officer during World War I . weather to do it. Gen. Smith the::l ordered York decorated force it had yet deployed in the Pacific, and the men to fight their way another 56 miles Sgt. Alvin was the most for three days and nights poured shells into to the coast. Asked if this meant he was re­ enlisted man. the island called Betio. treating (Marine do not recognize that word), Colonel Parker also served .dUring At about 9 o'clock on the morning of Smith said, "We're just attacking in another \Vorld War II from 1940 to 1945 and was N:o.v. 20, 1943, the battle was joined. The direction.'' the recipient of the Legion of Merit .first men. of the 2d Marine Division went In some wa ·S. that marked the high point A\'i~ard for his service in that ar. After 216. EXTENSIONS OF REMARKS :JanUa1·y 19; 1-976 World War II, he left the Army with the cated to the training of paraprofessionals to estate of the deceased farmer totaled rank of lieutenant colonel. aid veterinarians in the clinics. $200,000 or' less-the farm would be ex­ As suggested by the Committee for Hu­ if Following World War I, Colonel mane Legislation, a small tax on dog and cat empt from Federal estate tax, or the Parker joined private business. Since his food could easily handle the appropriations value of the decedent's farm was more retil·ement in 1956 he had been active in called for by the bill. A tax of 2~ mtlls per than $200,000, the farm would be sub­ Concord and Cabarrus County civic af­ dollar on the estimated 1974 $2.135 billion jected to tax only on its value as agri­ fairs. He was one of our most respected spent on dog and cat food would yield a cultural land. These alternatives are community leaders. revenue of $5,337,500, an amount more than spelled out specifically in the measure The Tar Heel State will never forget enough to cover the $4 million annual ap· which I am presenting today. Colonel Parker's record of dedication propriation. (This arrangement also means Mr. Speaker, I urge my colleagues to pet owners, as opposed to non-pet owners, and sacrifice to our Nation during a would be financing a service from which they give this measure their attention and re­ great recorded period of our country's most directly benefit.) quest that we work together to expedi­ history. North Carolina will remember If an example is to be followed, it is that tiously correct these unfair and counter­ him as one of her finest and most cour­ of Los Angeles. Financial analysis o! this productive provisions in the Internal ageous sons, and all of us who knew him city's set-up shows that over a decade of op­ Revenue Code. The importance of this will remember him as a true friend. eration, they return $6.50 in reduced animal measure goes beyond the individual I want to take this opportunity to ex­ control costs for every dollar invested in their farmer and extends to the preservation tend my deepest sympathy to Colonel operation. The stray pop~lation in the city has been reduced by at least 10%, and the and contmuance of one of the core insti­ Parker's wife, his daughter, and his two nUt:nber o! dog bites reduced correspondingly. tutions of the American way of life- grandchildren-they have lost a . hus­ ·The animal tramc in the city's animal shelter the family farm. . band, a father, and a grandfather in system has emphatlca;tly declined. Pet own­ Mr. Speaker, I wish particularly to whose memory they can take great pride. ers have saved between $23.50 and $140.00 by commend my colleague from Missouri :Using the clinics rather· than private vet-

ton in the United States means that there of upward mobility, and the subtle practices would be a free people-not instruments of ha8 always been a lag between progress in used to keep people of African descent on the State. race relations in the U.S. and here 1n the the bottom of the economic ladder. It was precisely because England, in the Canal Zone. In housing, the sharp lines of segregation eighteenth century-held 1n contempt the · Thus, we find that the "Gold"-"Silver" are clearly evident. On the surface, it would sovereign rights of people and sought t-o pro­ segregation which grew out of the two sep­ seem to have developed without official ac­ tect, maintain and expand her empire by arate wage systems that were used 1n the tion. In the States, this is called De Facto fiat of King George and his ministers that construction era lasted much longer than segregation. Actually, the separate, racially "the colonists revolted. they would have in the u.s. "Gold Roll" identifiable communities found here have In today's world, we must reexamine our wages were paid mainly to U.S. residents, who been created by governmental action, tradition of individual worth against first generally were higher skllled-and white­ whether overt or covert. principles. In our own minds it must be while "Silver Roll" pay went to the laborers, For example, the GAO report tells us unmistakably clear that there is and must who were mostly unskllled West Indian that: be a distinction between rights and privi­ blacks. "The first permanent Silver-Roll commu­ leges. And noting that distinction, we must In 1948 the "Gold" and "Silver" designa­ nity was established in 1914 at La Boca, be firm and forthright in declaring that the tions we1·e replaced by the terms "U.S. Rate" Canal Zone, by converting surplus frame bar­ rights of some may not be ignored or dimin­ and "Local Rate". As everyone knew, these racks into family apartments. During the ished to favor the privilege of others. were mere euphemistic modifications that period 1914 to 1920, additional silver-roll Moreover, we cannot afford the luxury of were adopted by the Canal Zone in the face towns were established and enlarged as U.S. being uninformed or fuzzy about the politi­ of growing pressm·es in the surrounding re­ citizen construction towns were vacated or cal and economic implications of existing and gion and at home. To borrow a saying from surplus barracks became available for con­ emerging problems. Brooklyn, the terminology was "The same version to family apartments." Here in Panama, for example, an over­ difference". The new designations clearly in­ Other exclusionary practices, such as riding imperative of political import is the dicated that the caste system was to be con­ maintaining a strict housing quota for non­ need for continued amicable relations be­ tinued. Today, a new refinement that is based U.S. citizens in the Canal Zone have been tween Latin America and the United States. to a large extent on cultural and linguistic in practice for an even longer time. There are economic overtones, as well, touch­ differences. Also, this Agency notes: lug the Canal itself and the matter of Across the years frustrating efforts have "Between 1951 and 1971, there was a 2,488- obsolescence, convenience and cost. This been made continuously to eradicate these unit net total reduction in Latin American NAACP Branch, too leaders and its members vestiges of racial discrimination with only housing. Despite the general policy of attri­ must be more than informed about the limited successes. tion which has been followed, no decision facts, they must :r_lrovide a new kind of It wM into th1s climate then that an es­ has been made as to the ultimate future of leadership, with a new spirit and fresh sense tablished defender stepped, when a charwr the Latin American communities." of their role as champions of a New Ideal. was issued for a Canal Zone Branch of the In Education, we find a similar dual sys­ This New Ideal does not discard the con­ National Association of Colored People in tem, "Gold" schools for predominantly white cepts of Liberty, Equality and Fraternity ... 1974. communities, and "Silver" schools for mainly This New Ideal builds upon the precept of In the short space of just over a year, the black, Latin American residents. Liberty- accomplishments of the Canal Zone Branch As a result of the landmark 1954 decision By recognizing that Liberty today cannot of the NAACP have been impressive. in the Brown v. Board of Education case, mean being free to do as we please, but I, therefore, want to commend the officers schools for U.S. citizens were integrated. But rather accepting the reality that freedom and membe1·s for: the silver-roll schools were designated Latin requires self-restraint and a vision of a Having the commissary stores change the American schools. Here, instruction was in cooperative sooiety. titles of men doing general assistance work Spanish, and the standard of instruction was The New Ideal builds up the idea of from the most offensive "Pa~kage Boys" to purportedly pegged to areas outside the zone. Equality- Package Handlers. Against this background, the news that By understanding that Equality must be Eliminating segregated facilities that ex­ Governor Harold Parfitt has submitted pro­ translated into human terms, and that it isted at Pedro Miguel and Gatum Locks. posals looking toward removing segregation is not only folly to presume that some are Removing from bookshelves in stores an and discrimination in schools, housing and more equal than others, but that our com­ injurious publication, while increasing the employment was most welcome. The time mitment must be to effective measures to sale o! a black publication in the commissary span of four years for removing some of end discrimination based on false distinc4 store at Balboa. these barriers, such as separate U.S. and tions. Ending the showing of a sinister film Latin American schools, for example, does called "A Dream of Jeannie" and winning a The New Ideal builds upon a deeper mean­ seem to be unnecessarily drawn out. ing of Fraternity by perceiving that Fra­ promise from the proper officials not to show I recognize that there is a so-called lan­ any more works of similar repute. guage barrier. But, with creative thinking ternity embodies a sisterhood and brother­ The sponsorship of cultural and stage and imaginative programs, such barriers can hood across ethnic, religious, racial, cultural events that foster black pride and a holiday be overcome in a much shorter time. and global lines and seeks a compassionate seal fund-raising program last Christmas. The turbulent, irresistible winds of change world community where the human condi­ These clearly are achievements for which that have so effectively altered the structure tion commands priority, land civility and so­ any NAACP Branch can be proud. of world politics in the past two deca.des are cial virtues prevail. The urgent agenda for this branch, how­ certainly at work here. The dramatic accom­ A few weeks ago, a New York Times article ever, lies in facts exposed in the reports of plishments in the advancement of civil and regarding the Panama treaty negotiations the General Accounting Office: human rights in the United States clearly caught my eye with the compelling head­ The report indicated efforts have been demonstrate that effective measures can be line "U.S. Residents of Canal Zone Are made to correct wage scale discrimination. taken to change resistant attitudes. Jittery". In the article itself a. paragraph But the long-standing practice of pegging However, it is my fervent hope that the began: • wage scales for certain jobs according to the members of this Branch will see in their "It is already agreed that, within three prevailing rate in the recruitement area, still challenge here in the Canal Zone more than years of a new treaty, Panama will recover continues. simply the redress of grievances-in schools, jurisdiction over the Canal Zone and will It is no surprise that the GAO found that in housing and in employment. assume responsibility for police, judicial, the 1974 Equal Employment Opportunity It should be apparent that the broader prison, postal and commercial services in Plan of the Canal organization failed to implications of the issues you fa~e are almost the 10-mile-wide strip." eliminate discrimination. To be sure, person­ a microcosm of the mu~h 1a1·ger global and There followed a comment that in human nel working in the Canal Zone are covered international problems o! an unsettled tel'lns, these developments would mean sev­ by the 1964 Civil Rights Act and Executive world--a piece of the main as it were. eral hundred American Government workers Order 11248. But, again we find that some­ meaning U.s. personnel in the higher cate­ We who are United states citizens are on would soon be out of jobs, while others gories-receive more equal coverage than the eve of the bicentennial year o! the would find themselves living in Panama non-citizen employees. . That revolution rather than in a transplanted corner of the Coverage of the EEO (Equal Employmen-t; grounded us in certain first principles. Oh United States. Opportunity) Laws have been extended ad­ there were flaws in their a-pplication-like To this state of affairs, one cargo worker ministratively to non-citizen employees, but cotmting some of us as 3/5ths human and was quoted as saying: "I don't want to leave these workers are limited in the action they others not at all. But-the first principles because I enjoy life here, but the minute can take since the EEO laws do not directly were sound and enduring~that all persons they do away with American police, postal cover them, redress o! grievances is difficult are created equa.'l, have certain inalienable services and schools, I'm off. I'd send my because they cannot appeal to the u.s. ctvU l'lights and that government must be estab- family immediately and leave myself as soon Rights Commission or file suits. lished by the consent of the governed. as I found a job in the States." Tied 1n with the problem o! wage scale Behind these first principles lay a tradi­ Somehow, the pathos of this comment, discrimlnatlon, of course, is the question tion of individual worth-that Americans revealing so "Vividly the urgency of a New 234 EXTENSIONS OF REMARKS January 19, 1976

. Ideal recalls to mind the words of P:>.ul sup~Jort you during this time. We strongly sands in .the United States since it went on Laurence Dunbar: en ~ ourage you to continue to demonstrate t-he mar.ket last year, was used by robb~rs y.:>ur creative leadership and nwral courage against occupants of a house in.Montgomery "I know why the caged bird sings, ah me, until victory is won. We will remain vigilant County the other day with terrifying results. When his wing is bruised and his bosom to ensure that the spirit. of your proposals A couple was tied up, then s~ot i.n the sore, and the principles of equality, dignity and abdomens with the guns, and subjected to When he beats his bars and would be free; justice for all are fully maintained during num~rous electric shocks that c_ause severe It is not a carol of joy or glee, the implementation of these proposals." pain. . But a prayer that he sends from his heart·s A short-range weapon, the Taser s:O.oots deep core, darts attached to electric wires. Once the But a plea, that upward to Heaven he dart is imbedded in the victim, 50,000-vol.t flings- shocks can.be administered at the push of~ ! know why the caged bird sings" LAW NEEDED TO DEFUSE TASER button. The device is unpleasantly remi­ PARFITT'S INTEGRATION PLAN GETS SUl,PO!Vl' niscent of the electric shock torture de­ OF LOCAL NAACP scribed in horrible detail in Orwel-l's "1984.'' There may be valid . uses for the Taser by The Canal Zone Branch of the National responsible officials in cert~in situations. I:t Association for the Advancement of Colored HON. LAWRENCE COUGHLIN OF PENNSYLVANIA has been mentioned, for example, as a poten­ People told Canal Zone Governor Harold R. tially etrective weapon to imiUobili~e ,a Parfitt Tuesday hi..5 proposals on housing, IN THE HOUSE OF_ ~EPRESENTATIVES would-be hijacker in a crowded airliner. De­ schools, and employment practices "are indis­ Monday, January 19, 1976 spite tlle intense pain. the gun apparently pensable to defuse these dJvisive and explo­ infl..icts no la~ ti ng injuries. . . , · . sive issues." Mr. COUGHLIN. Mr. Speaker, it is Canada has banned the Taser. So .have Cal­ Governor Parfitt recently announced a with great alarm that I have read of a ifornia and New York City. But federal con­ Panama Canal administration program to frightening new device which is terror­ trols are needed. The U.S. Treasury's division consolidate schools, now separated into US izing law-abiding citizens. Marketed as on firearms and the U.S. Consumer Product and Latin American schools; to remove na­ Safety commission are investigating. There tionalitv barriers in housing; and to reduce the Taser, this Orwellian weapon expels miniature harpoons which carry 50,000 should be action-before these frightful in­ the number of US-held security positions. struments get into the hands of moi:e crim­ The program has won strong support in debilitating volts to its unfortunate vic­ inals. the local comiUunity and in U.S. Congres­ tims. The resulting excruciating pain sional circles. renders its sufferers completely in­ In an open letter, the NAACP told Governor capacitated for several minutes. [From the Wa hington Post~ Jan. . 11,_1976) Parfitt that his proposals "signal the passing Pdced at Just under $200, the Taser THE STING of a period in local history tarnished by resembles a flashlight. Capacitors, how­ racism and social injustices) and the be­ Fur as long as t he rising crime rate has ginning of an enlightened era in which peo­ ever, boost the charge provided by an been an anguishing national issue, and ever ple live together with mutual re.spect, dignity 8-volt battery. The miniature harpoons since the control of civil disturbance became and understanding. are tethered by 15-foot cords attached at least a potential problem for the nation's Text of the NAACP letter follows: to the Taser. When the harpoons are police forces, the search has been on· for a 1nore humanitarian and less provocat ive al­ '·Dear Governor Parfitt: expelled, their barbs stick to the clothing or flesh of the target, and the electric tzrnative to the gun as a defensive device. ''The Canal Zone Branch of the National For a tiine, some police departments were ex­ Association for the Advancement of Colored shock is carried to the victim through perimenting with rubber ·bullets to stop flee-· People heartily welcomes your proposals to the cords and harpoons. While no deaths ing felons, but the idea· flopped. During the reduce the number of security positions in have occurred from this new device, the urban rioting, somebody came up with a the Panama Canal organization, consolidate potential is certainly apparent, and the foam that could be spread on the street and the U.S. and non-"C'.S. school systems within brutal pain is tmdeniable. make it impossible for the rioters to stand the Canal Zone and place C.Z. family hous­ The high cost of the Taser and its easy up, but it turned out the police and firemen ing on a more equitable and competitive basis availability make it ideally suited for use wouldn't be able to stand up either. Then among U.S. and non-U.S. citizens. You, in by criminal elements, rather than the tl1ere was the question of what to do with the words of Robert Frost, 'took the road all that foam. · · less traveled by, and that has made all the housewife or individua.. for whom the Now there is a new product, whose sales difference.' manufacturer claims it was developed. are breaking records across the country. It is "Your proposals are a significant and his­ Amazingly, however, the Taser is outside called the Taser l because it rhymes with torical breakthrough in our struggle for of existing Federal sanctions on weapons. laser) and it is supposed to help the orai.:. equality, justice and human dignity fer With the arsenal at the hands of crim­ nary citizen fend off an assailant. It is. a de­ all Panama Canal Company Government inals already staggeringly effective, it vice about the size of a flashlight a n d in employees regardless of their race, creed, would be irresponsible to allow the Taser fact one component is a flashlight. But the color, sex or national origin. These proposals a place in the American marketplace. I other component is the important one. It concretely demonstrate that mean1ngful consists of two small barbs with the appear!. changes are possible within a democratic therefore intend to introduce legislation ance of tiny harpoons. Like the harpoon, they system characterized by rational and open this week to have the Taser classified are attached to a 15 foot cord. When not in dialogue between leaders and group mem­ as a destructive device under the pro­ use, the cord is coiled and the Taser is kept bers, management and employees, govern­ visions of the Gun Control Act of 1968. in a holster. When the Taser is to be ment representatives and citizens. They This would prohibit the sale or delivery launched, a trigger is· pressed and the two symbolically represent a ~eassuring and of this weapon without the specific au­ harpoons sink into the flesh of the opponent guiding bea~on of human justice in a dark thorization from the Secretary of the and produce an incapacitating shock of world of institutionalized racism and social 50,000 volts. injustices. They signal the passing of.a period Treasw·y. While there is a possibility that the Taser's principles could be put to Tests have shown that normally healthy in local history tarnished by these injustices people can sustain such shock without any and the beginning of an enlightened era in appropriate use by law enforcement offi­ apparent permanent effect. It is therefore which people live together with mutual re­ cials, to allow the free 1istribution of this argued by the proponents of the Taser that spect, dignity and understanding. destructive device would be unconscion­ it is far more humane than a handgun a'S a We are very cognizant of comments by able. weapon of defense for homeoW?-1ers and people who feel threatened by your pro­ The following newspaper articles and ot hers concerned about their personal secu­ ppsals. We reiterate emphatically, however, editorials document the necessity to ban rity. It is because of that contention that that your proposed innovative changes in the public sale of the Taser. I am sure my the device has sold well, even at the consider- C.Z. housing, schools and employment prac­ colleagues will find them most informa­ able price of $200. · tices are long overdue and are indispensable If it were possible to guarantee that only to defuse these divisive and ·explosive tive: good and law abiding citizens could ge"t their issues. Moreover, there is an untapped wealth LFrom the Philadelphia Inquirer, Jan. 17, hands on this device-and use it with the of human resources which can be crea­ 1976] greatest care-the story might ~onceiv_ably tively used to realize your proposed changes. CONTROL THOSE ELECTRIC DARTS end here with appla-use for g~od old Yankee As the American Revolution Bicentennial When a weapon can be-and has been­ ingenuity. Unfortunately _there· is another approaches failure to implement fully and used to inflict deliberate, repeated and sus:. and much darker side' to the ~ase1; story. orderly your proposals woud be a desecration tained torture on victims, its distribution From FlOl~ida and ·a number pf other places of the spirit and purpcse of that revolution. and sale to the public.should be outlawed or reports· have been accumulatfng atidut-: the ·"We, therefore, fully support you in this a t least strictly controlled. employ:t:nent of this device in h:s, one study showed. tices were seen in chain supermarkets located Although unit pricing is available in about in different socio-economic areas. There was the adults, to provide for the children fifty percent of the chain operated super­ also evidence of price changing which, al­ and inculcate proper values in them. Un­ markets and in twenty-five percent of the though legal, remains a questionable practice. fortunately, too many of the "adults" independent supermarkets, a common com­ Anotbe1· frequent complaint heard from maltreat children; child abuse is a far­ plaint from consumers was that retailers have consumers concerns the installation of com­ too-common phenomenon in the United not always presented unit pricing in a man· puterized check-out systems that make it States. ner that is readily used and easily under· unnecessary from the supermarket's point of Family stress may result in child abuse, stood. View to mark prices on individual items. In­ juvenile delinquency, runaways, etcetera. A number of factors combine to frustrate stead, the price of a product is stored in a Many such "problem" chlldJ:en are in­ the hope that unit pricing originally offered computer in the store. Items in the store are shoppers: Variations in the number of prod­ marked with a "universal product code" stitutionalized when, in fact, the "prob­ ucts offered by individual stores or chains, (UPC) symbol. Since the computer "reads" lem" is the entire family situation. We, problems in the design and maintenance of the UPC symbol there is no need for a stand­ the adults, are responsible for providing shelf labels, inappropriate units of measure, ard price labeL new, rational approaches for aiding the and lack of promotion and explanatory mate­ It is necessary, however, to have prices children and the parents. I have intro­ rials have all contributed to the ineffective­ marked in order that consumers can (1) duced, and 27 Members are cosponsoring, ness of unit pricing. make comparisons between items while shop­ H.R. 10383 which authorizes State and I endorse the concept of a more uniform ping, (2) be able to double-check the com­ local child welfare agencies to provide system of unit pricing as well as consumer puter terminal at checkout and (3) identify, education stressing its uses and benefits. I federally reimbursable day treatment once home, the price paid for the item and and in-home services to emotionally dis­ believe that with a reliable unit pricing sys· compare w1 th prices in previous weeks. tem consumers could more readily make both turbed children and their families .. · price-quantity and price-quality judgements. Although I do not object to the installation The problem of child abuse is excel­ of the computerized eheckout system, I do I believe that this becomes even more impor­ lently discussed i11 the following article tant during a period of rapid inflation when object strenuously to any attempt to take by Naomi Feigelson Chase printed in the consumers are doing their best to keep their prices off packages. New York Tinies of January 3, 1976. Ms. families' costs of living down. We should Supermarket chains claim the system and help them do that. A mandatory uniform Chase is the author of the book, "A Child the lack of prices will mean great savings to Is Being Beaten." She happens also to be program would reduce the obstacles limiting consumers. However, according to industry consumer awareness and understanding of sources the savings from the failure to mark a personal fl'iend, so it is a. special pleas­ unit pricing. prices iS minimal. I believe that basic price ure to be able to bring her superb Op-Ed Tlle survey alSO made a comparison among information iS worth the minimal loss of article to the attention of our colleagues: ten selected store-brand products in two some projected savings. A clearly marked You DARE To SAY WE ABuSE Oun KIDs? stores within the same chain. (It was found price is a necessity. ABUSE! No! WE BEAT THEM HARD ONLY that in this time of inflation consumers are B AUSE THEY MisBEHAVE! According to supermarket advocates, price buying fewer national brands tu~ing instead (By Naomi Feigelson Chase) to store brands) A significant difference was information need not appear on each item, for found between the Pathmark stores in Islip the data will be indicated on a shelf label. FRAMINGHAM, M.Ass.-In January, the Mas­ This is clearly inadequate to me·et consumer's sachusetts Department of Social Services re­ (a llPddle income area) and the one in Brent· ported "an alarming increase" of child-abuse wood (a lower middle income area). ~e needs. A recent Federal study disclosed thati cases during 1974 and predicted that they findings are summarized In the !ollowtng shelf labels were missing for 10% to 20% of would keep on rising. By June, Jack Hagen­ chart: the products surveyed. (This failure to prop­ Brent­ buch, the department's coordinator of protec­ erly label shelves was also eVident in our tive services, was saying that cases had nearly Items (storebrands) Islip toooa own survey.) In addition, there is no assur­ tripled. "In 1974 we were .averaging 58 cases SOda 12-oz. ean ______.: _____ $0. 15 $0.17 ance that shelf labels will keep current with per month. This year it is more like 154, and Chicken noodle soup 10%,- price changes made by the computer. till increasing." oz. can------. 20 . 19 The sudden rise, along with a staffing short­ .47 .49 Computerization has been heralded as a Paper towels "jumbo" size __ highly significant advance in making super­ age, has produced a crisis situation. When Steel wool pads 18-oz. box __ .45 • 59 unemployment increases, so does the num­ markets more economical. But t~ere is no French · style string beans ber of families in trouble, and -child abuse 15~ -oz. can ______.:._ .26 .43 guarantee that savings would be passed on whatever its other causes is a symptom of Baked beans 16-oz. can ____ _ . 25 ;26 to the consumer. family troubles. Orange Juice (frozen) 6-oz. In thiS tinle of soaring food costs consumers The Massachusetts figures mirror a national .20 .22 must retain the practical tools to stretch Sugarcan ------5-lb. bag______picture: depressing images of bruised and 1. 59 1.79 their food dollars. Individual pricing is one broken children and angry, withdrawn and Stew naeat 1 lb------­ 1. 59 1. 99 such tool. often terrified parents. It is a gloomy kind of Long Island potatoes 10-lb. family portrait in which many of us see a bag ------. 59 .79 I hope that with the information it glancing resemblance to ourselves, because The most dramatic p1·1ce difference we receives here and elsewhere in the State, child abuse, besides its economic and societal found within these Pathmark stores was for the committee will be able to draft reme­ roots, also has psychologlcal undertones. French Style Green Beans in a 15% oz. can. dial legislation for ~ew York residen~. I Freud said in his essay "A Child J;s Being SUrely it cannot be the transportation cost Beaten" that the unconscious wish of adults would also like to ;receive any ~uggestions to beat or harm young . childi-en i~. n~~rly di1ferentlal between Islip and Brentwood the committee luive for legisla­ that 1s directly responsible for the 17 cent Federa~ universal. diJference in the price of a can of beans. tion to improve the consumer's position In addition .to econonitc and psychologlcal I would be very interested to know what fac- in the marketplace. causes of child abuse,_the :rocial· cl_iAla~ · of Janua/ry 19, 1-976 EXTENSIONS OF REMARKS 237 the country is also a powerful factor . in the· beyond what social-work agencies have to REPORT ON U.S. ARMS SALES TO incidence of lt. Many peop~e believe that our offer. THE PERSIAN GULF culture's widespread acceptance of corporal An end to corporal punishment in all in:­ punishment, whethet: in private homes, ptib· stitutions serving children would be a. start. lic schools or custodial institutions, · is an Next, a real overhaul of our Federal assist­ HON. PIERRE S. (PETE) duPONT ·underlying factor in ·child abuse. The resort ance programs to families, including those OF DELAWARE to violence as a way of settling scores, if not that abuse children through the public­ problems, is another factor. welfare system, where income maintenance I N THE HOUSE OF REPRESENTATIVES Attitudes toward children are part of a is inadequate even as measured by the Bu­ Monday, January 19, 1976 whole texture of values that may vary reau of Labor Statistics. Preventive health greatly, even among neighboring cultures. services under some nationalized health sys­ Mr. nu PONT. Mr. Speaker, in recent Cruelty to children does not exist among the tem are also a.n urgent n eed and should in­ years the U.S. worldwide arms trade has gentle Arapesh of New Guinea, whose whole clude prenatal health care and a mandatory increased tremendously. In fiscal year value system ls oriented toward making visiting-nurse system, like Britain's. There 1974, U.S. foreign military sales de­ things grow, while their violent neighbors, should be a restructuring of schools and in­ liveries totaled over $2.9 billion. This rep­ the Mundugumor, practice infanticide and stitutions that theoretically serve children resented a 90-percent increase over the treat surviving children harshly, as they do but that too often stunt them instead. fiscal year 1973 level of foreign military each other. Likewise, while there is child And finally, there should be a decen t abuse in Britain, France and West Germany, minimal standard of llvlng, based on a sales delivelies, $1.38 billion, the approxi­ specialists in the field such as Ruth Sidel combination of full employment and a. guar­ mate annual level of FMS deliveties since and Urie Bronfenbrenner have noted its anteed ann1.1a.l income, which would do more 1969. Current arms sales orders, running apparent absence in such socialist countries to help children than any reform of the at $9.5 billion in fiscal year 1975, indicate as Sweden and China. juvenile justice system. that the U.S. arms trade will continue The number of children in America-who to increase in the coming years. die from child abuse is relatively sma.ll, but Largely responsible for this tremen­ estimates of injuries cited in Congressional hearings on the 1973 Child Abuse Prevention dous escalation in U.S. arms sales and Act range from 60,000 upward. Richard Light, arms sales orders to foreign governments EVERETT H. BLACK, DffiECTOR OF have been the vastly expanded military a professor of statistics who includes severe WEIGHTS AND MEASURES RE- neglect and sexual abuse in a. study for the TIRES . . procw·ement programs of Persian Gulf . Harvard Educational Review, says one of nations. In fiscal year 1975, Iran, Kuwait, every 100 children in America is victimized and Saudi Arabia ordered $4.3 . billion in each year. U.S. defense equipment which was over Certainly reported cases of child abuse have J. been increasing, though we have no idea if HON. ROBERT LAGOMARSINO 45 percent of the worldwide orders of the increase in the last several years is a OF CALIFORNIA U.S. arms sales orders during that year. result of stricter reporting laws or other fac­ IN THE HOUSE OF REPRESENTATIVES This increase in U.S. arms sales orders placed by Persian Gulf nations has been tors. There has been a.n increase in public Monday, January 19, 1976 and professional awareness and concern. financed by the tremendous oil revenues Some people think that focusing on chlld Mr. LAGOMARSINO. Mr. Speaker, pouring into those countries since 1973. abuse ~voids dealing with the larger problems Ventura County in California, has a dis­ Financial power ha-s given Persian Gulf it implies. tinguished gentleman, Everett H. BlacK, nations the means to build military For one thing, stiffer reporting laws do not who for 27 years until September 1972, really help much. Since few private physi­ power. cia;ns report child-abuse c.ases, the abuses was its director of weights and meas­ The upward spiral in U.S. arms sales reported are likely to be those known to ures. I suggest, Mr. Speaker, that this is has provoked great concern in this coun­ public agencies, city hospitals and welfare a career in and of itself. However, Mr. try. There is a growing sentiment that services; they involve people a.t the bottom Black served the county of Ventura for these arms sales are increa-sing willy- · of the system, which in America are the 7 .years prior to this, beginning as a cus­ nilly without effective controls and with­ minorities and the poor. The same is true in todian in the agriculture office and t·is­ out an attentive analysis as to whether other countries-in New Zealand, for exam­ ple, where child-abuse studies show the inci­ ing to a-ssistant sealer of weights and or not they might actually be disruptive dence is highest among Maoris and Polyne­ measures; and he continued to serve for of internal and international stability sians, who form the lowest social class. . 3 years after, until January 1976, as the rather than fulfilling their intended pur­ There are plenty of explanations for the county's consumer protection agency ad­ pose of promoting that stability. fact that the poorest, the least educated, the ministrator. This for a total of 37 years. In order better to understand the worst housed people in a society, who usually Dw·ing ·this period Everett Black implications of U.S. anns sales which have the largest families and experience the most stress, are likely to strike out at the served on numerous county, State, and have been growing not only in terms of children. Mr. Light, using data. from sociolo- . national committees. He was and is active volume but also in terms of sophistica­ gist David Gil's nati-onwide survey, shows the ·in his community and church, and has a tion, I undertook, in May 1975, a study most common factor among abusing families consuming love for the outdoors and mission to Iran, Kuwait, and Saudi to be the lack of jobs. sports. Arabia to examine U.S. arms sales to the The theory of social deprivation is given Persian Gulf. I have recently issued my equal weight by most United States experts Mr. Black's contribution to Ventw·a with the theory of maternal deprivation. This County and the State of California has report of this trip in which I reach the argument is that a lack of mother-love a.s a been great. He is responsible for Ven­ following conclusions and make the fol­ child prevents the development of parental tura County becoming the first general lowing recommendations: instincts and causes people, when parents law county in California to have a con­ U.S. arms sales to the Persian Gulf coun­ themselves, to abuse their own children. sumer affairs division: and he helped tries are, and should remain, an instrument However, if the definition of child abuse in­ of American foreign policy in that region. cludes that which is meted out by caretakers pioneer a pilot program for vat·iable However, the United States must define bet­ in custodial institutions a.s well as tlu\t frequency of inspection that is recog­ ter the objectives and examine more care­ meted out by a competitive nonega.lltaria.n nized and accepted worldwide. fully the impact of its arms sales to the violence-prone society, .we must conclude On January 3, 1976, Mr. Black laid gulf countries and the risks engendered by that any attempt to eliminate child abuse down the reins of responsibility, deter­ those sales. has to go beyond socla.l work "bandages." mined, and justly so, to enjoy the fruits At present, the United Sta.tea lacks a co­ In the .short run we would do best tO re­ hesive arms sales policy and considers arms move reported cases of child abuse from the of his labor. He has served with honot· sales on a case-by-case basis. As a result of I' jurisdiction of family court, which often as and distinction. Because of this singular inadequate procedures for considerilig an not orders that the child be removed to so­ dedication I ask the Members of the overall sales policy, the sale of u.s. arms has called "temporary" foster care. With the ex­ House to join with me, his wife Thelma, escalated to the ·point that gulf states are ception of some 6 percent to 10 percent ·of and daughters RoseAnn and Connie, in annually ordei.·ing over $4 billion in arm8 or, cWldren whose parents are beyond help, most 1n other words, over 45 percent of annual · would be better off to remain ln their home extending congratulations to Mr. Everett worldwide sales. while the famUy got some assistance. Un­ H. Black and to wish him many years of In concluding that the United States fortunately, what most familles need goes happy retirement. should continue to sell military hardware 238 EXTE.c SIO.r S OF REMAru JanuaJ'y 19, 1976

to the Persian Gulf, however, I would like THE UNIVERSITY OF TEXAS lN tached house in Vienna, Va., to $29,581 for to make ·the following recommendations: AUSTIN IN FOREFRONT OF SOLAR an installation in Austin, Tex., tnat provides 1. The United States should formulate a ENERGY MOVEMENT heat, cooling and hot water. comprehensive arms sales policy. This policy H.U.D. plans to release a second cycle of sho'llld take int:o consideration whether or gTants for solar installations for later this not the sale of sophisticated weaponry is year, when it is hoped that more advanced in the security interests of the United HON. J. J. PICKLE equipment will have been developed for home OF TEXAS uc::e, the department said. States. Testing of home solar systems was 2. The U.S. Congress should not impose a IN THE HOUSE OF REPRESENTATIVES originally a responsibility of the Energy Re­ moratorium on U.S. arms sales to the gulf Monday, January 19, 1976 search and Development Administration, but countries. Although a unilateral moratorium it was transferred to H.U.D. It was a- thorized might at least temporarily end U.S. arms Mr. PICKLE. Mr. Speaker, tho e who in the Solar Heating and C<>aljn Demon­ sales to the Persian Gulf, it would not limit have been close students of the energy stvatton Act of 1974. the· sale of arms to the gulf by other arms problems our country has faced suppliers. In the long term, therefore, there 1·ecently are well aware that fossil fuels are a" finite source. At best, we perhaps OLAU P 'WER USE RISES SLIGHTLY, B T is little evidence that a moratorium would COST STILL POSES OBSTACLE substantially lessen arms procurement in have 25 to 30 years supply of domestic oil and natural gas 1·emaining. TUCSON, ARIZ., January 18.-The use of this region. c::olar energy is only in its infancy, but Accordingly, development of alterna~ In addition, a U.S. arms moratorium would a,lready sunlight is heating, cooling or doing damage American relations with the coun­ tive sources of energy is mandatory. Cer­ both for more than 200 United States homes tries of this area who depend upon the tainly one of the most viable of these and a dozen or more office buildings, mostly United States for military counsel, assist­ alternate approaches is solar energy. in the sunny Southwest. ance, and tl·aining, in addition to hardware. The University of Texas in Austin has Sunshine machines are heath,.g swimming These countries would interpret a U.S. been one of the Nation's leading centers pools, operating a few highway construction moratorium as evidence of a reckless dis­ of research helping solve our future prob­ warning lights, powering a handful of buoys lems in the field of energy. on waterways, and electrifying a United regard for their legitimate defense needs. A States Park Ser •ice restroom. in Yel owstone U.S. arms moratorium, therefore, would un­ The following articles which appeat·ed National Park. dermine the good relations in the Persian in Monday's New Yo·rk Times, Jan­ Since the 1940's, a. Florida company has Gulf this country now enjoys. uary 19, 1976, describe the growing b en installing rooftop solar heat collectors. 3. The United States, as the major a1·ms role of solar energy and the part that at a cost of up to $1,500 a unit, to heat supplier to the region should initiate talks Austin, Tex., has in this continuing water in homes. And the sun both warms with the Soviet Union, France, Great Britain, story: and cools an Atlanta school, a. New Hamp­ and the other major anns suppliers to the SOLAR HEAT TEST PLANNED ON 1 MILLION IN shire Federal office building, a Texas college domitory and a New Mexico laboratory. Persian Gulf, in au efiort to reach au arms GRANTS limltation agreement for the gulf region. In (By Ernest Holsendolph) TWENTY-THREE COll.IPANIES IN BUSINESS these discussions, this country should at­ WASHINGTON, January 18.-The Depart­ At least 23 companies are selling solar tempt to promote an acceptance of a general ment of Housing and Urban Development heat collector panels to heat and cool homes restriction on the quantity and the sophisti­ will grant $1 million for the installation of or to heat water. cation of the arms sold to the gulf. solar units in 143 housing and apartments The glass and metal pau l!:i, which are in various communities around the country. usually placed ou rooftops, cost f1·om $100 to 4. The United States should encourage re­ more than $500 each, and a three- or four­ gional security pacts among gulf states as an In announcing the plan today, the H.U.D. secretary, Carla A. Hills, said that the in­ bedroom home requires a dozen or more. alternative to a spiraling arms race in the stallations would mark the first large-scale Nobody knows exactly how many have region. test of solro· energy technology in housing. been sold, but oue expert, in a "very rough 5. The United States should attempt to Ml.·s. Hills made the announcement in estimate," said it was "no more tha a few avoid sole-source relationsllips in military Dallas at a meeting of the National Asso­ million dollars' worth this year." procurement with Persian Gulf countries. An ciation of Home Builders. The text of her Arthur D. Little, Inc., a research concern. American monopoly of the arms market m address was made available here. estimates that solar power equipment will be a $1.3 billion industry by 1985 IUld more a nation creates a dependency on American Fifty-five builders, public agencies and universities were selected from a field of than a million homes will use sunlight for arms, technology, and training for that heat, air conditioning, or to generate elec­ country's defense. This dependency relation­ 250 applicants to take part in the demon­ stration by putting solar lmits into dwellings tricity. But less than $60 million was spent ship presupposes a U.S. responsibility toward they own or are constructing. in 1975 on solar energy, an Associated Press that country's security, which could lead to Some solar units will provide home heat­ check indicates, and most of that was Fed­ a deeper American involvement in the area ing only, some hot water only, and some a eral funds. should milital'Y conflict occ1.:tr. The United combination of the two. Only five installa­ Despite the promise of solar ene1·gy, and states should employ self-restraint in nego­ tions will provide heating, cooling and hot the technology to use it, the economics of tiating arms sales with Persian Gulf coun­ water, according t-o H.U.D. sun power is a major obstacle. So far, solar keeping its share of each national energy systems are more expensive than tries, SUFFOLK COUNTY HOUSE fossil fuel systems. market at less than 50 percent. None of the installati-ons announced today Engineers and scientists say that solar en­ 6. The United States should attempt to will be in New York City, but the Long Island ergy on a wide scale is now technically po. - maintain cordial relationships with all gulf savings Bank will build a house with a heat­ sible. countries including those to which it does ing and hot wat-er unit in the Mt. Sinai com­ The an1ount of energy from the sun is not supply weapons, The United States munity in Sufiolk county. immense. Experts estimate that · the sun should avoid any involvement in regional The Newark Housing authority will re­ showers the earth with about 100 times disagreements and conflicts. ceive heating and hot water units for six more energy each hotu· than man llas used attached houses. Additional public hous­ '1. The United States should stress develop• throughout history. ing authorities that wlll take part include St. But even for relatively easy jobs, such . of the ment lts nonmilitary exports to Per­ Petersburg, Fla.; Pueblo and COlorado as water and space heating, sun power is sian Gulf countries and should seek mutual­ Springs, Colo.; Santa Clara, Calif., the Creek costly, mostly because of the large storage ly beneficial investments in this area. Like Nation Housing Authority in Okmulgee, units that are necessary to keep a solar sys­ arms sales, non-military exports benefit the Okla., and the Blackfeet Tribe Housing Au­ tem running when the sun is not out. U.S. balance of payments and job situation thority in Browning, Mont. In Tucson, which has one of the nation's whlle they provide the gulf region with Drexel University and the University of best climates for the use of solar energy, needed technology and training. They, there­ Pennsylvania in Philadelphia will put solar Ernest Carreon, a builder, estimates that a fore, promote good relations between the units in student housing units. sun-power heating system in a tlll'ee- or four­ United States and the gulf countries. But Mrs. Hills said that the department ex­ bedroom home adds roughly $5 a square pected the solar tests to be "a major factor foot to the cost of the house. unlike ~ms sales, non-military exports gen­ in alerting the country to the potential He built a 1,200-square-foot home With a erate few potentially dangerous side efiecm energy savings that can be accomplished solar system. The cost was $45,000. He said anci ·they ·POSe. few risks of destabilizing the through the effective use of solar energy." it would have been $39,000 or $40,000 with ~ or involving the United States in lQCal Prices of solar units range from as little a conventional heating system. dispute.. as •1,875 for a hot water system in a de- .... "The solar system will pey . or tse1f .Ja·nztar-y 19, 1976 EXTENSIO S OF REMARK 239 [through energy savings] in 11 years at t o­ of the Yeto of H.R. 8069, Labor-HEW t,ood for business. But we can ta e pl'e6lous . (lays• electrical rates," Mr. Carreon says, "but appropriations, fiscal year 1976; "yea." little credit for any of the social legislation it would take 62 years at today's natural gas 823, now on the books, for business vigorously prices." Rollcall No. motion to agree to House Resolution 939, allowing a simple opposed most of this legislation. INSTALLATION EXPENSIVE I wonder sometimes if we really believe The ~ost of installing a solar energy unit majority to adopt House reports for the in the free-enterprise system. When those to heat and cool a 2,000-squa-re-foot house in. remainder of the first session; "yea." who have the greatest stake in it often turn Austin, Tex., is about $12,500, or $11,000 more Rollcall No. 824, motion to agree to out to be its great est enemies, I wonder if than a conventional system burning fossil House Resolution 945, providing for free ent erprise can survive. fuels, says Dr. Gary Vliet, a University of meetings on Tuesday and Thursday for Can it S1.U'Vive when some of ts greatest Texas professor. the remainder of the first session; "yea." proponents seem determined to strangle the Much of this cost is in the water storage Rollcall No. 827, motion to suspend the life force of the system-competition-with t.n.nks holding 8,000 to 12,000 gallons, buried rules and concur with an amendment in such practices as collusive bid-rigging and and insulated, that are needed to store heat price-fixing? for an average home in a moderate climate the Senate amendment on H.R. 9968, tax for up to three consecutive cloudy, sunless' reduction extension; "yea." Can free enterprise survive inaccurate, Rollcall No. 829, motion to agree to m isleading, or "unexpected" financial re­ days. porting? Or auditors who violate their code However, Dr. Vliet estimat es that mass pro­ the conference report on s. 2718, rail­ duction and ot her factors could bring t he road reorganization; "yea." of ethics to help companies falsify financial cost down to $8,600 within three years. statements and perpetrate a massive swin­ "Right now, about the only people who can dle, running into the hundreds of millions afford solar energy are those who want to do of dollars, that involved ln:Jlated assets, sales it (build solar-powered systems themselves]," and earnings, fraudulent insurance policies, nonexistent securities, and the collection of said Dr. Aden Meinal, a University of Ari­ INTEGRITY IN THE BUSINESS zona scientist who is a well-known solar death benefits on coverage that n ever energy expert. LANDSCAPE existed? The simplest systems, and the most com­ What are we to think-not just of the monly used today, are called :flat plate col­ executives behind the fraud and the audi:.. lectors. They look like sandwiches three to HON. JOHN H. DENT tors who helped them-but of the dozens of six feet by eight to 10 feet, and they are employees who knew about the fraud but made of glass, metal and insulation. A clear OF PENNSYLVANIA did nothing. and the powerful investors who top l~yer of glass or plastic allows sunlight IN THE HOUSE OF REPRESENTATI"\iES 'benefited from the inside information? to strUte a metal panel. The panel, painted J.l'Ionday, January 19, 1976 Can free enterprise survive companies black, concentrates the heat. Liquid-filled wh ich flout the law by making lllegal polit­ tubes or moving air carries the heat to a Mr. DENT. 1\fr. Speaker, I am ca-lling ical contributions with corporate funds? Is storage system that can be a buried tank of to the attention of our colleagues a it any wonder that 53 peroent of our popu­ water or a basement full of rock. column entitled, "Integrity in the Busi­ lation believes that the large corporations Despite the possibilities, widespread use of ness Landscape," which appeared in the should be broken up when they read that in solar power is limited by the complex factors December 15, 1975, issue of the New York 1972 seven companies alone contributed that in:Jluence the nation's energy use. There nearly a half-million dollars to the Commit­ is cost, in\estment in existing energy indus­ Times. The column excerpts remarks tee to Re-elect the President? presented by Mr. Stanley Marcus, a noted tries, the availability of other fuels, financ­ It does no good to try to justify these con­ ing, building and construction standards, and successful Texas businessman, who t ributions-as some have done-as the cost public acceptance, and even the legal ques­ has demonstrated an attitude sufficiently of doing business with the Government. tion, "Who owns sunlight?" progressive and refreshing so as to com­ Other companies rejuseit to give--and Tax incentives are being used in several mand the attention of all objective they're stm in business. states and in some cities to encourage use ot observers. sola.r energy. New Mexico, for example, gives I am well aware of the fact that the twin tax rebates to help cover the cost of solar Mr. Marcus' remarks follow: movements of consumerism and reform installations. INTEGRITY IN THE BUSINESS LANDSCAPE h ave put the spotlight of publicity on bUSi­ A report prepared for New York City says By Stanley Ma-rcus) ness wrongdoing, and have also conditioned it may be one of the first localities where the public to expect a higher standard of There is a ma-ssive loss of faith in the ethics from business at all levels. solar energy becomes economically attractive business community by the American because of the high electricity rates there. people-and perhaps a loss of faith on the I also recognize that communications have part of businessmen as wen. improved so vastly that a crime committed Let's not kid ourselves into believing that in Duluth becomes known in Dallas the the negative attitude toward business is night it is discovered. Fifty years 3t:,OO, i t merely part of an "anti-Establishment" might have taken the people of Dallas six VOTING RECORD OF CONGRESS­ mood throughout the nation. It Is a lot months to 1ea1•n that such a crime was even MAN J ONATHAN B. BINGHAM more specific than that--and a lot more committed. So I don't think that business l8 justified than that. worse. It's just that our flaws S'b.ow up much Americans still believe in the free-enter­ faster today than they used to. prise system. They have no quarrel With But that 1s small comfort wh en we con ­ HON. JONATHAN B. BINGHAM profit-making. But they do have a quarrel t inue to read about shoddy products or OF NEW YORK with unethical and questionable business services which do not live up to their elaims. Or when the people become victims of false IN THE HOUSE OF REPRESENTATIVES practices conducted at the public expense. They do have a quarrel With companies or misleading adve1·tising, poor service, un­ Monday, January 19, 1976 which pollute our water and air and are necessary repa.irs, or meaningless warranties. apparently indifferent to the hazards of These practices pose a moral dilemma for Mr. BINGHAM. Mr. Speake1·, at the pollution until the Government intervenes. end of the 1st session of the 94th Con­ our nation in general and for the American They do have a quarrel with that majority business community in particular. Our cul­ gress I missed several rollcall votes. I of businessmen who have fought and wish to record here what my position obstructed and delayed every piece of pro­ ture is based on the Judaeo-Christian code would have been had I been recorded as gressive legislation enacted during this of ethics, which espouses lofty moral stand­ voting: century. ards of fair and honest dealing. Now, how­ Who among the business community today ever, we seem to have revised those stand­ Rollcall No. 818, motion to pass H.R. a.rds. We still talk about dealing honorably 9771, airport and airway development; would seriously propose that Congress repeal "yea." our child-labor laws-or the Sherman Anti­ and forthrightly with people. But we're now trust Act? The Federal Reserve Act, the saying that we believe in this credo domes­ Rollcall No. 820, motion to suspend the Security Exchange Act? Or workman's com­ tically, but it doesn't count overseas. In rules and pass House Resolution 943, pensation? Or social security? Or minimum other words, to hell with the foreigner; we medicare amendments; "yea." wage? Or Medicare? Or civil rights legisla­ insist on honest scales at the supermarket Rollcall No. 821, motion to suspend the tion? bu t not for overseas shipments of grain. rules and pass House Resolution 944, so­ All of us t oday recognize that such leg­ I don't believe we can get away with that. cial security appeals; .. yea." islation is an integral part of our syst-em; I don't believe a double standar works, Rollcall No. 822, motion to postpone that it has made us a stronger, more prosper­ whether you're an individual, a col'pOJ'ation. tmtil January 27, 1976, the consideration ous nation-and, in the long run, has· been 1'anat ion. CXXII--16--Pa.rt 1 irxTENSIONS' oF' REMARKS Januaiy 19, ·1976

RETURN OF THE SPOILS SYS:r'~ . ShmJld th~ bill be passed by the Sen-ate, Free World. We have watched the U.N. it faces an expected veto from President Ford . . become an instrument of the Soviet An override by the. Hou~e · could be preven~d Union and its shabby following of despots .• HON. ROBERT H. MICHEL if enough of its members. are. made to see large and small. 9F ILLINOIS what a monster they are meatmg.- America shouid never subject her fate IN THE HOUSE OF REPRESENTATIVES to decisions by such an assembly, unless Monday, January 19, 1976 we long for national suicide. Instead, let WORLD AFFAIRS COUNCTI... us have independence and freedom. Mr. MICHEL. Mr. Speaker, those of us A major threat to world peace is the from Illinois have I think a special un­ Soviet Union, which imposes slavery on derstanding of the importance of the HON. MARJORIE S. HOLT its people and devotes its economy to the Hatch Act, the law which prohibits Fed­ OF MARYLAND single task of building a war machine to eral employees from engaging in political IN THE HOUSE OF REPRESENTATIVES extend that slavery throughout the world. activity. It subverts governments of independ­ Having observed the actions of Chicago Monday, January 19, 1976 ent nations; it arms and impels its sub­ City Hall for many years, we know what Mrs. HOLT. Mr. Speaker, many of us servient client states to wage wars of kind of abuses are possible when Hatch 1·ecently received a letter from the World conquest against their neighbors. Act provisions are absent. A cogent anal­ Affairs Council of Philadelphia, inviting Mr. Speaker, there is one force that ysis of the problems with the Hatch Act· Members of Congress to participate in a preserves freedom where it still survives -repeal effort, citing the Chicago example, ceremonial signing of "A Declaration of in this world, and that is the strength appeared recently in the Christian Interdependence" on January 30 in Con­ of the United States. To·the extent that Science Monitor, and I would like it gress Hall, adjacent to Independence we maintain a powerful, credible eco­ printed here in the RECORD, so that my Hall in Philadelphia. nomic and military deterrent, we shall colleagues might have the benefit of see­ ' A number of Members of Congress have also have peace. ing it: been invited to sign this document, lend­ The Soviet Union seeks world enipire. RETURN OF THE SPOILS ~YSTEM ing their prestige to its theme, but I Ame1ica asks only that free peoples re... The United States House has passed and want the record to show my strong op­ main wimolested by the slavemasters of sent to the Senate a measure wbich would position to this declaration. the Kremlin. · · effectively destroy the 1939 Hatch Act in the If we resis't the expansion of the em­ name of reforming it. It calls for surrender of our national If the measm-e is enacted, a large part of sovereignty to international organiza­ pire that threatens to dominate the world the federal government's huge work force of tions. It declares that our economy and destroy . the indepe]1.dence of every 2.8 million employes could be turned into a should be regulated by international au­ nation, we shall be fulfilling the ideas of vast patronage army similar to the Daley ma­ thorities. It proposes that we enter a our Declaration of Independence. chine which has dominated Cook County "new world order" that would redistrib­ If we sun·ender our independence to a politics for the last two decades. ute the wealth created by the American "new world order" dominated by the So­ The Hatch Act came about in response to people. viet Union and its clients, we will be be­ the patronage abuses and political coercion Mr. Speaker, this is an obscenity that traying our historic ideals of freedom and rampant in the New Deal public jobs pro­ self -government. grams of the 1930s. defiles our Declaration of Independence, It was obvious that these abuses could signed 200 years ago in Philadelphia. We Freedom and self-government are not not be curbed simply by making it illegal fought a great Revolution for independ­ outdated. The fathers of our Republic for publlc officials to order their employes to ence and individual liberty, but now it fought a revolution· for those ideals, ·perform political work. The bosses could al­ is proposed that we participate in a world whi-ch are as valid today as they ever ways find ways to "persuade" the employes socialist order. were. to take part in political action on a "volun­ Are we a proud and free people, or are Let us not betray freedom by embrac­ tary" basis. we a carcass to be picked by. the jackals ing slavemasters; let us not betray self- · The Hatch Act served to eliminate this evil government with world government; let by making it illegal for federal employes to of the world, who want ·to destroy us? perform political work even on a "voluntary" When one cuts through the high­ us celebrate Jefferson and Madison, not basis, immunizing them. from any kind of flown rhetoric of this "Declaration of In­ Marx and Lenin. pressure. terdependence," one· finds key phrases .It is this protection that the "reform" that tell the story. measure, sponsored by Rep. Bill Clay [D., · For example, it states that: THE SHRINERS Mo.], would remove. Though there would The economy of all nations is a seamless still be some minor restrictions on the kind web, and that no one nation can any longer of political activity in which federal employes effectively maintain its processes of produc­ Hon. G. V. (SONNY) MONTGOMERY participate, they could be sent into the pre­ tion and moneta-ry systems without recogniz­ cincts to get out the vote on a voluntary Ing the necessity for collaborative regulation OF MISSISSIPPI basis. by international authorities. IN THE HOUSE OF REPRESENTATIVES Under a federal court order, municipal employes in Chicago can only voluntarily do How do you like the idea of "interna­ Monday, Janua1·y 19, 1976 political work. They do so in swarms--every tional authorities" controlling our pro­ Mr. MONTGOMERY. Mr. Speaker, election--or else. duction and our monetary system, Mr. one of the most rewarding aspects of my As Rep. Edward Derwinski [R., Ill.J who led the opposition to the Clay measure, Speaker? How could any American dedi­ membership in the Shriners is to see the pointed out, there are other evils in the pro­ cated to our national independence and results of the medical treatment pro­ .posal. Democratic businessmen could find freedom tolerate such an idea? vided in the 19 orthopedic hospitals and their tax returns audited by an Internal The declaration goes on to w·ge a three burn institutes sponsored by the ·Revenue Service agent who doubled a.s a Re­ strengthening of the .United Nations and Sh.riners. The accomplishments of these publican ward leader. a broadening of. the jurisdiction of the outstanding institutions was brQught A survey taken by the National Federation World Court, "that these may preside forcefully to my attention dwing the of Federal Employes of its members a few over a reign of law that will not only end Shrine ceremonial held at Hamasa Tem­ years ago found 89 percent supporting the wars but end as wen the mindless vio­ .- Hatch Act and only 1 percent favoring its re­ ple late last year. peal. The Clay measure was opposed by the lellc~ which terrorizes 9W' society even At this time, Noble James Skelton, o:( federation, as well as by the U.S. Oivll Serv­ .in times of peace. .,, . Meridian, a past potentate of H.ama~a ice Commission, the Postal Service, the comp­ Examine this closely. It suggests that Temple, introduced Dewayne Stephens troller general, the IRS, and the FBI. world government will somehow cw·e the to his fellow Shriners. Young Dewayne Yet the measure was steam-rollered problems of crime and terrorism, not had been receiving treatment at .the through the House by a vote of 288 to 119. just the problem of war. Quite obviously, Shrine Hospital in Shreveport for a very This is a. reflection of the Democrats' 2 to 1 margin of power in the House and the mas­ the sponsors of this declaration have lost serious deformity of the low-er legs which . sive support given the measure by Big Labor. ail contact with reality. caused his feet to tum inward and up­ Interestingly, many federal workers belong Mr. Speaker, we have lately witnessed ward. Thanks to the worlt of the Shrine to public employe unions and most are con­ the United Nations organization in full Hospital, the prognosis for Dewayne is sidered to be Democrats. cry aga.inst America and her allies of the that he will be able to lead a completely !,anua·)'Y 19,. 1976 EXTENSIONS OF REMARKS 241 normal life thanks to the corrective son, and so .forth. . In my view, willful BM:fKRUPTCY ACT braces ·he is llDw wearing. slaughter by bombing a crowded air , I' aJil proud Of the ·work being QOJ;le by terminal is anothe:r justifiable occasion Shriners in my own area, such as the for the extreme penalty. These are acts HON. DoN· EDWARDS Hamasa Temple, who sponsor worth­ of mad dogs and must be treated as such. OF CALIFORNIA while events to provide the financial re­ If you bomb the hangar, we hang the IN THE HOUSE OF REPRESENTATIVES sources to keep these hospitals going. It bomber. was a.Iso in late December that the After the LaGuardia Airpo1·t bombing, Monday, January 19, 1976 Hamasa Temple sponsored the annual my constituents asked me what Congress Mr. EDWARDS of · California. Mr. Shrine football game in Meridian, Miss., could do about it. Quick passage of this Speaker, I wish to announce that · the w~ch netted $38,000 to be donateeing bused for of the Freedom .Train's visit to our local December 8, 1975 showing that 62% of its reasons of racial desegregation. area: respondents favored either a zero growth or In other words 93 percent of those being BUT "Too FAST,"' MANY SAY-LONG BEACH a halt in new construction of nuclear power bused were being bused for non-racial rea­ HAILS FREEDOM TRAIN plants. sons. (By Kris Sherman) The poll, a survey of the 7,000 members in This is really au amazing fact, especially FAS, provided four alternative possibilities: when one considers the furor raised just at Hundreds of Southland residents shivered Rapid Advance-10% or more annual the mention of the word busing. The con­ in the cold night air Monday for an all-too­ growth rate in nuclear reactors; Go slow- cern for the issue then, abounds in a special· quick tour of the American Freedom Train. 3% to 7% advance in nuclear reactors; kind of hypOcrisy when one realizes that of Lines began forming in front of the red, Moratorium-zero rate of growth for a 41.4 million school children, only 2.9 million white and blue train-which steamed into number of years; and Phase Out-a halt to are transported to schools outside of their Long Beach at about 8 a.m.-two hours be­ new construction of nuclear plants and phas­ immediate communities for race-balancing fore the doors were officially opened at 6 p.m. ing out of existing commercial nuclear reac­ reasons. The 25-car train, sponsored by the non­ tors. If there was genuine concern for every profit American Freedom Train Foundation Of those balloting, the choice was: form of busing, then the anti-busing people of Ma.ssoohusetts, will remain near the Queen Mary at Pier J through Thursday. It con­ Percent would be equally uptight about those 17.8 tains documents, artifacts and memorabilia Rapid advance------16 million children who also get bused daily to from 200 years of American history. schools of their immediate communities for Public tours will be conducted from 8 a.m. Go slow------21 reasons having nothing to do with racial Moratorium ------36 to 10 p.m. today through Thursday. Admis­ Phase out------26 balance. sion is $2 for adults and $1 for children 3 I have not heard of any such confronta­ through 12 and persons over 65. The membership of FAS, born as the Fed­ tions. It makes one wonder. Visitors to the train's 10 exhibit cars Mon­ eration of Atomic Scientists, contains scien­ But all is not lost in the effort to use day found themselves entering an atmos­ tists of all kinds. The most recent survey busing as a tool among many others to phere that could almost be described in suggested that the interdisciplinary mem:­ enhance a child's education. science fiction terms as a "time warp." bership was divided as follows: Physics, Most communities in America, facing the As a conveyor belt-or moving sidewalk­ 20%; Medical Sciences, 16%; Chemists, 15%; busing issue, have done it head on, and with carried spectators thl·ough the narrow train Biologists, 15%; psychology, 7 %; and En­ a great deal of honesty and valor. To their car aisles, a barrage of exhibits, lights and gineering, 7%, with other _disciplines small­ enormous credit, even under tremendous sounds transported them on a kaleidoscopic· er. anxiety and stress, they have realized that journey through America's history. A total of ten percent of the FAS mem­ adjustments can be made and that the ma­ Each of the 10 exhibit cars adheres to a bership responded, a statistically normal jor goal is providing all youngsters with specific theme-The Beginning; Exploration sampling. maximum opportunities in this multi­ and Transportation; Growth of a Nation; The Federation had polled its member­ racial, multi-ethriic society. Origins; Innovations; Human Resources; ship only after the members had received, In this regard, the city of Berkeley, Calif., Sports; Performing Arts; Fine Arts, and Con­ over several months, four different 8,000 haa had much to be proud of in a desegrega­ flict and Resolution- but all span more than word Reports on various aspects of nuclear tion effort that was relatively quiet and ef­ Just a few years of history. power. Members .had been provided, on the ficient. Its educational system 1s one of the Among exhibits-culled from 200 museums ballot, capsule summaries of the four dif­ best in the nation; the varied colors of their throughout the country-abroad the train are ferent positions on atomic power each draft­ school populations have enhanced their com­ a 1756 copy of "Poor Richard's Almanak," ed under the supervision of a champion of mitment. Benja.mln Franklin's handwritten draft of the Articles of Confederation, the Louisiana that position. Sacramento, Calif., also has much to com-

/' Janua1~y 19, 1976 EXTENSIONS 0~ .REMARKS 243 Purchase document, Astronaut Alan Shep­ of Metropolitan have issued a some additional tax deductions for their ex­ ard's Apollo space s.uit and a rock from the strong resolution in defense of Ukl~ainian penses in Washingt~n. moon. women political prisoners in the U.S.S.R. Fr.ankly, this writer thinks the critics are There ·is also an original ink drawing of way off. Sure, Congress is an easy target and Orville anQ. Wilbur Wright's biplane, the orig­ The resolution is an eloquent declara­ no one expects its actions to bear the wi-sdom inal manuscript of . the "Battle Hymn of tion of human rights and I recommend revealed by the Delphic Oracle, but it's made the Republic" by Julia Ward Howe, James that Members read it and act accord· up of 535 individuals, most of whom are in­ Monroe's dueling pistoll?, the baseball bat ingly: telligent, hard-working and dedicated to a with which Henry Aaron hit hi.S 714th ca­ UKRAINIAN WOMEN POLITICAL PRISONERS very large job. Mter all, it's a $350 billion reer home run, tieing Babe Ruth's record; We, the members of the Ukrainian Commu­ annual revenue firm they're running! Rudolph Valentino's jeweled ja.cket from the nity of Metropolitan Detroit, gathered at the Admittedly, it's hard to shed tears for 1922 movie, "Blood and Sand,'' and several Protest Meeting in defense of Ukrainian people mRking quadruple the national aver­ of Franklin Delano Roosevelt's deciassified women political prisoners on this date of age annual income, but on the other hand, documents from World War II. November 2nd, 1975 at the Community Arts Members of Congress haven't had a pay boost The trip through the train, however, is A'tl.ditorium, Wayne State University, fully in five y~ars. Think if yoti. w£-re in their short-a Freedom Train official said the aver­ support the Petition of the Ukrainian Con­ shoes how that would have affected your age tour takes about 22 minutes-and there gress Committee of America and World Fed­ standard of living, considering the inflation is no time for rubbernecking or second looks eration of Women's Organizations to Presi­ we've endured over that time. The much­ at the exhibitS. dent Ford in their defense. applauded trend toward younger representa­ Officials said the exhibit was purposely These women political prisoners are pres­ tives also means we have a lot more Members planned that way to accommodate the great­ ently incarcerated in jails, concentration with children's college expenses, etc., still est number of people. A spokeswoman said camps and psychiatric institutions in Siberia facing them. The increased tax write-off also about 1,200 people an hour, or about 16,500 and throughout USSR. seems fair. Congressmen usually have to people per day can tour the train. We therefore declare as follows: Inaint-ain two homes. The younger ones I More than three million persons have 1. Whereas Ukraine, against the will of its mentioned can't get along with a shared passed through the train since it began its people, was forcefully incorporated into the apartment in D.C.; they want their wives 17,000-mile Bicentennial journey at Alexan­ USSR as the Ukrainian Soviet Socialistic Re­ and children here. And add to that what is dria, Va. last March. It will complete its tour public, and derogatorily said about the Congressman who of the nation next December after having 2. Whereas the Soviet Government contin­ doesn't maintain his ties back home-so, stopped at more than 100 cities in 48 states. ues to violate the human rights guaranteed realistically, a Congressman must run two Area residents viewing the train Monday by the constitution of the Ukrainian Soviet houses, sets of mortgage payments, taxes, in­ night said they realized that spectators had Socialistic Republic, by the constitution of surance, etc. . . to be moved through fast to accommodate the USSR and by the International Declara­ No one denies that an annual salary of all .who want to see the train, but they .still tion of Human Rights of which the govern­ $44,600 (new raise is included) is more than complained they were forced to go through ments of the USSR and the Ukrainian Soviet a living wage, but it certainly isn't very "too fast." Socialistic Republic are signatories, and dramatic compared to compensation in the "I really enjoyed it,'' said Carolyn Brock­ 3. Whereas, among the violations are an private sector, and I don't mean just Joe nun of Long Beach. "But the walkway moved alanning number of arrests and persecutions Namath, Robert Redford, and Cher. A recent too fast. There was no time to stop and look of Ukrainian women, who are not criminals Business Week article on younger achievers at the exhibits." but are respected ladies of all strata whore­ in management indicated that a "top pel~. ­ Gene Sherer, his wife, Winnie, and two fused to renounce their arrested husbands former" in the corporate world is currently children, Tim, 10, and Troy, 6, said they and loved ones, and who opposed the policy averaging $92,500 by age 40. "If you want to "thought the train was Interesting" but of russification, forced atheism, colonialism, be a stud horse," one young executive is added 1ihat they "wish there had been more and police control of family and public life, quoted, "you'd better break $40 (thousand) original documents." and before you're 30 !" Congressmen have good Others said they "wouldn't have missed" 4. Whereas, among persecuted victims are medical insurance and an excellent pension the train, calling it a "once in a lifetime program. So do most progressive firms in the experience." hundreds of children and under aged youth whose only crime was being children of politi­ private sector. Perhaps, the Congressional But there were those who, after viewing pension plan is a little more generous in the train, said they weren't happy with the cal prisoners. 5. Therefore, in the name of humanity and vesting, but shouldn't there be some trade­ Dtsneylan.d-style commercialism, the bank of off for being in a job with zero security; souvenir stands and the long wait. justice, and in the spirit of the-International Year of Women, we, the members of the where you face the possibility of mandatory "The walkwa_y moved entirely too fast,'' early retirement every two yeans? said Betty Wenholz of Lakewood as she Ukrainian Community of Metropolitan De­ troit, gathered at the Protest Meeting in de­ Similarly, I'm unimpressed by diatribes emerged from the train with her husband, about stationery funds, office accounts, and Joe, and children, Glenda, 13, and Bruce 9. fense of Ukrainian women political prisoners petition Gerald R. Ford, President of th~ furniture allowances. I don't know anyone "We probably wouldn't have come if'we'd in business who pays for his writing paper known it was like this," she added. "We United States of America, to intervene before the government of the USSR to grant am­ or phone calls out of his own pocket. A Con­ coul~ see more in a museum,'' her husband nesty to Ukrainian and all other women po­ gressman's office account is not a "slush added. "The way they move people through fund;" there are a lot of expenses that "come there, it's kind of a r_ipoff. You don't really litical prisoners in the USSR and particularly to release Iryna Stasiv-Kalynets, Stefania with the territory" and Members don't have get a chanc~ to absorb everything." Shabatura, Nina Strakata-Karavanska, Iryna expense accounts. For example: a Congress­ The Wenholz children said they would ad­ man eats a quick lunch in the House dining vise their schoolmates against spending the Senyk, Nadia Svitlychna and Oksana Popo­ vych and return them to their famllles and room with three constituents. Meals are tim~ a;nd money to see the train. medium-priced and the food is certainly not A _local elementary school teacher, mean­ homeland with restoration of citizen's rights. gourmet. HE gets the bill. Or, his wife sends while, said she "could wait another 100 years :flowers when someone notable back home to see it.'' dies-another out-of-pocket expense for the Bu~ _despite the negative comments, most Congressman. Many members conduct fund­ o~ those emerging from the train and hurry­ WASHINGTON SCENE ing toward the souvenir stands said they felt raiser~? for these accounts so they can send they got their money's worth. additional mailings or have a local TV show· "It's part of America," said one elderly L. it's all part of the job of keeping informed HON. WILLIAM HUNGATE on what's happening in their districts. woman. "I thought it was wonderful. I don't OF MISSOURI see how anyone could not like a part of Congress is only just now getting its feet Am.erica." IN THE HOUSE OF REPRESENTATIVES wet in providing Members with modern office Monday, January 19, 1976 tools. A private industry exec takes for granted computerization, word-processing Mr. ~UNGATE. Mr. Speaker, my in­ and automated correspondence systems. or{ UKRAINIAN WOMEN POLITICAL terest m the congressional salary will the Hill, it's a sign of seniority when a Con­ PRISONERS soon become a-cademic, but I think the gressman gets a decent Xerox machine. enclosed article is an accw·ate portrayal UNPAID OVERTIME ABOUNDS HON. WILLIAM M. BRODHEAD of the situation as it now exists: Whatever the allowance for staffing is it isn't enough. Congressmen simply can't OF WASHINGTON SCENE k~ep (By Frederick D. Goss) up with the volume of incoming nian, let i!:'f ':J;'H;E HOU:S;E OF REPRESENTATIVES alone be as familiar as they would like with M_-onday, January 19, 1976 SHOULD WE GET UPSET AT CONGRESS' PAY RAISE? proposed legislation. (You also know what To judge from what I hear and read in happens when opinions get around that "our Mr. . BRODHEAD. Mr. Speaker, . the the papers, a lot of people are irate that Con­ Congressman doesn't bother with mail ·back members of the Ukrainian community gress has voted itself a 5 % pay hike plus home." It's common for him and his sta1f 244 EXTE SIONS OF REMARKS January 19, 1976 to burn the evening and weekend oil. 1: bet evacuation to utah, where he served in PUBLIC WORKS JOBS NEEDED Capitol Hill sees more unpaid overtime than the War Manpower Commission in the any other spot in the nation!) Office of Defense Transportation. Congress takes a number of annual re­ HON. HENRY J. NOWAK cesses, but these recesses rarely are tl'119 Following the war Kenny ran a serv­ vacations. The average Congressman has 2.6 ice station in the Los Angeles area, and OF NEW YORK district offices, and he usually spends time in 1947 settled in Torrance and founded IN THE HOUSE OP REPRESENTATIVES in all of them during recesses to listen to Kenny's Nursery which he operates to Monday, January 19, 1976 complaints from constituents. When we in­ this day. In this connection he became terviewed two freshmen Members about their a landscape contractor, licensed by the Mr. NOWAK. Mr. Speaker, the House impressions of the new job (Phone Call, Au­ State of California. in the near futw·e is expected to consider gust 1975), both emphasized that some way a $6.2 billion bill to authorize a program should be found to get the ombudsman His inherent love of land and his com­ munity led him also into active service to of local public works, antirecession function off the Congressman's neck. For grants to State and local governments example, if your Congressman didn't have his fellow citizens. He has been a mem­ to spend so much time trying to find out ber of the Torrance Planning Commis­ and other economic recovery measures. why VA has gummed up your son-in-law's sion since 1956, and in that time has had While our economy is improving, the benefit check, he could do a more efficient an admirable performance in attend­ rate of improvement-in too many areas legislative job. ance. not having missed a single public of this country-is depressingly slow. Back to compensation, to be fair, I'll grant hearing since his appointment as a Com­ The pending conference report on H.R. that the gymnasiums and barbershops/ 5247, ah·eady adopted by the Senate, beauty salons are unusual, but a whole lot missioner. It is a perfect recm·d. In addition. he has beon a member of would provide a restrained stimulus to of businessmen have company-paid, country help improve the economic situation. club memberships and limousines. Congress­ the Torrance Civic Center Authority men drive their own cars, and Capitol Hill since 1968. This program would not be a budget doesn't look like the parking lot at Saks Fifth He was secretary of the 140-member buster. All funds authorized in this bill Avenue. Los Angeles regional forum on solid are included in the congressional budget resolution adopted for fiscal1976. AN OBLIGATION EXISTS TO ATTRACT THE VERY waste management, dealing with the BESir TO LEGISLATURE problems of this area, disseminating in­ Another key point is that the public So. OK, the money still isn't bad, and a formation and helping to protect water works provisions are not for make-work, lot of people would probably take the job resources. leaf-raking type jobs. They ar~ intended for half the salary, but considering every­ He is past president of the southern to support the construction of needed thing which has been drilled into us about California planning congress, an official public facilities, projects delayed by the the need to involve the "best people" in lack of local and State funding. Funding government, haven't we got to make it at organization for all those involved with priority would go to projects for which least an attractive enough life-style that extensive plans for the area, and held work could begin within 90 days. those "best people" can afford to consider its highest elected office. it? Old Andy Jackson started the patronage He is a member of the advisory cowl­ I have been an advocate of the pro­ system in American politics according to his visions of H.R. 5247 since they were first ell of the Torrance YMCA. He is a 20- proposed. I only regret they have not philosophy that no job in government was year charter member of the North Tor­ so complex that one citizen shouldn't be been implemented already. Therefore, I able to do it as well a-s any other. That was rance Lions Club. w·ge my colleagues in the House to over­ very much in the egalitarian American spirit, He is a former president of the Gar­ whelmingly vote in favor of this confer­ but it just isn't 1829 any more, and we have dena Valley Japanese Cultural Institute ence report. There are reports the Presi­ to have the most qualified people available and active as a fundraiser to establish dent will veto this bill if it is sent to his in public service. a cultural center for this entire area. He desk. I certainly hope that the dimen­ is past president of the southwest area sions of the vote in this Chamber will planning council, which comprises 14 dissuade him from that cow"Se. major cities of the South Bay area of TRffiUTE TO KENNY UYEDA A key argument by conservative econ­ Los Angeles. He is past vice president omists against the antirecessionary for the Los Angeles County Association paekage contained in H.R. 5247 is that HON. CHARLES H. WILSON of Planning Officials, made up of 79 cities it would be inflationary and might fur­ in the greater county of Los Angeles. OF CALIFORNIA ther increase the size of Federal deficits. He has instructed and lectured in gar­ IN THE HOUSE OF REPRESENTATIVES That is a questionable argument. Tak­ dening and landscaping and is an active ing people off the unemployment rolls Monday, January 19, 1976 member of the Gardena Valley Gar­ and the welfare rolls would only save the Mr. CHARLES H. WffiSON of Cali­ dener's Association and southern Cali­ Government money. fornia. Mr. Speaker, it is fitting and ap­ fornia gardener's federation. One leading conservative economist, propriate that the attention of our coun­ He has been maried since 1943 to Alice Federal Reserve Board Chairman Arthur try, especially at this the year of our .Sakaye Ito, a devoted wife. Of him she Burns, surprised a group of newspaper 200-year celebration of its t.:rth, be says, "In spite of depression and hard reporters at a breakfast meeting last focused now upon one of its finest citi­ times and constant obstacles, Kenny was month when he suggested that a revival zens, Mr. Kenny Uyeda of 1823 West never one to be discouraged. To this day of some form of the New Deal-like WPA 185th Street, Torrance, Calif., and to he is forever giving others moral support programs might be the answer to our pay him homage for his spirit and cour­ and always thinking of the betterment Nation's high unemployment problem. age in the face of adversities, and for of the future in a definitely unselfish Following is an article from the De­ being one of the outstanding examples of way." They were blessed with two chil­ cember 27, 1975, editions of the Buffalo citizenship that has made our country dren, son Douglas Hideo and daughter Evening News which details Chairman great. Decilynn Sueko. Burns' remarks. I believe this article will Kenny Uyeda was born in Corrinne, In honor of Kenny Uyeda's devotion prove most interesting to the Members Utah in 1918. He attended Jordon High to his community and betterment of his of the House as we prepare to vote on School in Sandy, Utah and the Univer­ fellow man, the North Torrance Lions this crucial conference report. sity of Agriculture in Logan, Utah, and Club has seen flt to pay him tribute dur­ Mr. Speaker, the article, written by took 2 years of postgraduate work. How ing the Community Recognition Week Lucian C. Wan-en, Washington bureau he accomplished this education, while of January 26 to January 30, 1976. chief for the Buffalo Evening News, being the sole support of his parents, I am extremely proud to have this fine follows: three sisters and one brother from his person as one of those I represent in BURNS: BRING BACK WPA ON NEW TERMS very young age of 14 is a feat of almost the 31st District to the House of Repre­ (By Lucian Warren) superhurnnan proporUon. sentatives, and join in the many others WASHINGTON.-Chairman Arthur Burns o! Kenny farmoo in Draper, Utah from who salute Kenny Uyeda for his many the Federal Reserve Board is regarded as an 1929 to 1936, when he mo-:ed to El Monte, concerns, contributions, and unselfish arch-conservative economist, who takes a Calif., and there resumed his agricultural devotion to his community in particular back seat to no one in demanding fiscal pursuits. In 1938 to 1941, he was a :florist austerity in government to control infiation. and to our great country as a whole. He Burns therefore surprised no one this week and a produce buyer, and on tlle out­ is truly deserving of this particular mo­ when he told a breakfast session o! reporters break of World War II volunteered for ment in the history of his country. that he is "troubled" about the "movement Janua1·y 19, 1976 EXTENSIONS OF REMARKS 245 of prices" and that America in pat·ticular and all have been inundated by a succession glad was he who could slip from his labour, other capitalist nations in general will never of patriotic speeches, Bicentennial min­ or slumber over his task he cared not how, achieve the "good society" unless they learn utes, and historical quotes. nay, the most honest among them would to manage government finances on a sound hardly take so much true pains in a week, basis. By this time next year, each of us will as now for themselves they will do in a day. But Burns did pull one big surprise when be familiar to some degree with the his­ he suggested that a solution to this nation's tory of the events surronnding the Amer­ Out of that "social experiment" came unemployment problem might well lie in a ican Revolution and the drafting of the the concept of private enterprise and a revival of the WPA make-work program of Declaration of Independence and the very healthy respect for !.Jersonal Initia­ the old New Deal days. Constitution. And most of us will be able tive. Unfortunately, somewhere between WPA stands for Works Progress Admin­ then and now, that respect has floun­ istration and it was the pet program of to quote from memory the words of Jef­ Franklin D. Roosevelt to fight the Great ferson, Washington, Adams, Franklin, dered and perhaps even died. Depression. Many conservatives during that and the other revolutionary patriots. It would be too easy to stand here to­ era ridiculed the program as a waste of gov­ It might be most beneficial then, if we day and fix the blame on one source or ernment money. paused for a moment, today, at the start another for the strong attack on the They coined phrases such as "boondoggle," of the Bicentennial celebration, to re­ foundations of the American free enter­ "shovel-leaning," and "leaf-raking" to de­ flect upon what exactly drew our fore­ prise system we are witnessing in Wash­ scribe their contempt for what they regarded ington. But it seems that whenever our as meaningless and worthless activity. fathers to this counti·y and what has The proposal of Burns is for the govern­ made this Nation of ow·s so great. economy appears to falter, whether ment to finance a "government jobs pro­ At the risk of sonnding "nnpatriotic" through inflation or unemployment, the gram" of sufficient magnitude to find em­ I must point out the historical yet un­ people who should know better, the ployment for everybody who wanted a job, romantic truth, that the American Revo­ elected representatives of Government, but couldn't find one. lution was not fought over the issues of begin to press forward with ideas and The FRB chairman did not blanch when freedom of speech, or assembly, or wor­ plans which our forefathers would have a reporter suggested this was a return to abhorred. the old WPA. ship, or of a voice in how this land was Yes, he said, it is s.'milar "but I think we to be governed, even though the leaders Do not misnnderstand me, I am not could handle it better than the New Dealers of the time claimed it was. saying that Congress sits collectively and did." Besides, he felt . t should be remem­ Nor, if we go back fw·ther in history, decides to look for new ways to attack bered that "a lot of useful work was done was this Nation founded for these same and destroy the free enterprise system. bytheWPA." reasons and causes. Actually, the attack on the free enterprise Nor was Burns taken aback when some­ system is more of a by-prOduct of the one else suggested such a program might No, what dragged this Nation into further increase the size of federal govern­ bloodshed and sth·red its populace into temper of the times rather than a direct ment deficits. He disagreed. action, were not these lofty goals, but the result :>f any planned action. I t would add very little to deficits because basic issue of the Government's confis­ In this Congress, one of the chief " under my proposal wages would be so un­ cating the people's economic freedom to causes of this phenomenon is the wide­ attractive that those who got the jobs would prosper or to fail by their own initiative. spread belief that the Federal Govern­ have strong incentives to seek private em­ This freedom to fail or prosper, or as ment can solve all of ow· major problems ployment at higher wages as soon as they simply by legislating them away. If that could possibly do so." we know it, the free enterprise system, is Furthermore, he expects the government what lured people to emigrate to this means massive new spending programs, would save money by taking people off wel­ country in the first place. The promise of well so be it. We can always pay for them fare in such a jobs program and by a reduced the right to own . and dispose of prop­ by adding to the Federal deficit or in­ period of unemployment compensation bene­ erty, to be individually free to be indus­ creasing taxes in business. That is a very fits for those between jobs. trious and productive, to live in a land dangerous way to approach our problems, The FRB chairman would make it man­ which abided by the unWl·itten proposi­ but it is exactly the kind of economic datory that the unemployment compensa­ philosophy we are dealing with in this t ion would be limited to no more than 13 tion that government and the economy weeks instead of the 60 weeks presently were separate-these were the promises Congress. allowed. which brought our forefathers to this The American people do not want more If persons were offered employment under land, and when reneged upon, drew them Federal programs-they just want jobs. t he Burns program and refused it, they The American people do not demand or would be immediately removed from unem­ into war against their mother country, ployment compensation roles, thus saving England. even want their Government to throw more government money. For nothing was as precious to these money at them. They are not insisting Burns is opposed to the administration individuals as the opportunity to direct that the Government solve their prob­ program that increased the period of eligi­ the course of their own livelihoods. And lems. Rather, the American people are bility for unemployment compensation and when the government began taking away looking to their Government to let them made food stamps more plentiful for the that right, they rebelled. Because in es­ solve their problems and to provide some unemployed. He feels this robbed the un­ assurance that they will not, once at employed of the incentive to find work and sence, the majority of the people rea­ "financed them in idleness." soned: "If the government denies us eco­ work to solve their problems, have the So, if the FRB chairman has his way, t he nomic freedom, our means of survival, rug pulled out from beneath them by a government will again be in the business of they own the means to steal the other new edict from on high. They want some trying to find useful work at low wages for freedoms as well. assurance that whatever success they its unemployed citizens. As author Benjamin Rogge wrote in achieve will not be penalized and that In the New Deal days, while there was the Freeman: their Government will allow risks to be some boondoggling and leaf-raking, the WPA force did build some 650,000 miles of Give me control over a man's economic ac­ run and rewards to be kept. road and constructed 78,000 bridges, and tions, and hence . . . except for a few oc­ The temper of the times in Washing­ that apparently is the kinds of projects he casional neroes, I'll promise to deliver to you ton needs to be carefully watched, has in m ind. men who think and write as you want them. watched because it appears that in the to. heat of some political passion, that many These patriots knew only too well the of the Members' memories of the funda­ consequences of government interfer­ mentals on which this Nation was WHAT AMERICANS WANT ence in the economic system. They had founded, are beginning to fade. learned from the experiences of the ear­ A good many yeat·s ago, around the liest settlers of the :Massachusetts and time when the Declaration of Independ­ HON. SHIRLEY N. PETTIS Vil·ginia colonies what happens when ence was signed, John Randolph foresaw OF CALIFORNIA government legislates communal owner­ this danger and put it this way: IN T HE HOUSE OF REPRESENTATIVES ship of the means of production. The people of this country, if ever they lose their liberties, will do it by sacrificing some Monday, January 19, 1976 Wrote Virginia's Captain John Smith-and Governor Bradford up great principle of government to temporary Mrs. PETI'IS. Mr. Speaker, by the north said essentially the same: passion. time we Americans finish celebrating our When our people were fed out of the com­ My hope is that this current passion Nation's 200th bh·thday this year, we will mon st ore and laboured Joint ly t ogether, will quickly pass. 246 EXTENSIONS OF RE~IARKS Janua1·y 19, 1976 A CITIZEN LOOKS AT THE UNITED Americans are aware intellectua1ly of the our actions very closely. The newspapers in STATES FROM AROUND THE WORLD apartheid situation in South Africa and that part of the World carried a prominent Rhodesia. However,·when you are in Africa it write-up when President Ford signed the really strikes you of what a growing tornado recent bill to give more favored trading treat­ there is against the oppression of blacks in ment to the underdeveloped countries. I be­ HON. JAMES P. (JIM) JOHNSON ·both South Africa and Rhodesia. I would be lieve the United States needs to work in this OF COLORADO the first to acknowledge that, again, the area as well as helping make funds available IN THE HOUSE OF REPRESENTATIVES situation is not all "black and white." How­ to the World bank in assisting these coun­ ever, it appears to me that South African Monday, January 19, 1976 tries. and Rhodesian have irreversibly committed On this trip I also became aware of my Mr~ JOHNSON of Colorado. Mr. themselves to "man" the gates as long as subconscious snobbery that I had for the Speaker, I recently received a letter from possible. I am confident that during my life­ United States. I became aware of the fact one of my constituents, Mr. Robert Au­ time there is going to be a tremendous up­ that I thought the United States was really heaval and a blood bath in those two coun­ doing it all as far as helping the poor coun­ senhus of Loveland, COlo., who had just tries. It is common knowledge that many of tries of the World. My first set-back was completed a 1-week trip around the world the educated blacks in Africa are now being when I was in Geneva, Switzerland, at to visit Lutheran World Relief projects. trained in modern warfare and that the Lutheran World service headquarters to His letter records some of his immediate countries sympathetic to their liberation look over the contributions from the Luther­ and most prominent impressions. views are supplying sophist icated armament. an Churches of the World. I naturally as­ Because of the thoughtfulness with I read a speech of Julius Neyerre President sumed the American Lutherans were No. 1. which he put his views on paper, I wanted of Tanzania where he made a point that I I was chagrined to see that the German think we Americans should seriously con­ Lutherans and the Swedish Lutherans both to share the letter with my colleagues. 'Sider. He said that he hoped that the Unit ed contributed more to the Lutheran World The letter follows: States would not fall for the line that Service than American Lutherans. Also, I was ROBERT AUSENHUS, Rhodesia and South Africa are going to make amazed to see the millions of dollars that ATTORNEY AT LAW, that the United States should supply them the Scandinavian countries are pumping into Loveland, Colo., December 8, 1975. with n1ilitary aid to protect those countries Ethiopia and Tanzania to help those develop­ Hon. JAMEs P • .JoHNSON, from a Communist takeover. He said that it ing countries. Also, I saw a great activit y by U .S. Representative, House of Representatives, Will be true that the liberation forces Will Canada in that part of the World. I was House Office Building, Washington, D.C. have military equipment that is supplied by also disappointed to see several studies that DEAR JIM: I have just returned from a .countries that are sympathetic to the Com­ indicated that out of the 17 industrialized seven week trip around the World. The pur­ munist World or are from the Communist nations giving for humanitarian aid as pose of taking this trip was to personally visit World. That does not make them Commu­ measured as a percent of gross national prod­ Lutheran World Relief projects, which are nist. The situation in South Africa and Rho­ uct that the United States ranks 14th. I, primarlly concentrated in underdeveloped desia is so unjust and so few people control personally, feel that the United States can, countries. Lutheran World Relief is the social such a vast portion of the country's wealth and that the people of the United States do arm of the Lutheran Churches around the and the black man is not much better off want our Government to do more in this World. than our slaves were. I believe Mr. Neyerre area. I know, personally, when I have pointed The areas that I visited where Lutheran is right when he points out that these people this out to my fellow friends, they have been World Service had programs were the west who want to throw off the yoke of bondage very disappointed in what we are doing. They, bank of the Jordan, Ethiopia, Tanzania, In­ are not Communist just because they get like myself, had assumed that the United dia, Bangladesh, and Hong Kong. help from where they can get it. The United States was giving so much more for humani­ While I certainly did not become an expert States in the eyes of many black Africans is tarian aid. It is my understanding that Con­ on World problems or even those countries' a ra.cist country that has great investments gress may not separate foreign aid between problems, it did give me a number of insights in South Africa and Rhodesia and, therefore, military assistance and humanitarian aid for and impressions that I had not even antici­ is concerned to keep the status quo. If the this coming year. I know that you feel that pated. There were three points that stood out United States is not willing to do more than it should be separated and I encourage you in my mind that I would like to share with just state in oratory that it deplores the to have it separated so that the American you. apartheid policy, then Black Africa is going people can really see what we are giving for The .first has to do with the Israeli-Arab to continue to feel that we are a white racist humanitarian assistance. situation. It is obvious to me that the Israelis nation. Yours very truly, have no intention of relinquishing much, if The third area is the United Nations. In ROBERT AUSE NHUS. any, of the land on the west bank of the Jor­ the west bank of the Jordan, Africa, India dan, which they conquered in the 1967 war. and Bangladesh I saw visible proof of the I saw six new cities being built on this occu­ great humanitarian work that the social pied territory and only Jews will be allowed arms of the United Nations was accomplish­ BOYD HEADS INFORMATION to live in these cities. (Each city is to house ing. For example, they contribute $600,000 to approximately lOJOOO people). Also, I saw a one of the hospitals that Lutheran World CENTER new city and industrial complex being built Service runs on the west bank of the Jordan about half way between Jerusalem and the (for a population of over one million Arabs Dead Sea. The acts of the Jews are only too there are two major hospitals on the West HON. EDWARD J. PATTEN obvious to the Arabs. While the recent U.N. bank of the Jordan). They are supplying food OF NEW JERSEY resolution equating Zionism with Racism was and shelter to the refugees in Ethiopia, IN THE HOUSE OF REPRESENTATIVES assisting in drilling wells, and provide mas­ overstated, there are certainly elements of Monday, January 19, 1976 t ruth in the Arab charge that the way that sive aid for the refugee camps in Tanzania. Israel carries out its policies is racist as it Lutheran World Service supervises and runs Mr. PA'ITEN. Mr. Speaker, it is no compares to other racists, i.e., the fact that several of the large refugee camps in Tan­ coincidence that f1·eedom of speech and only Jews are to be allowed to live in these zania and it receives substantial assistance expression is the first of our Four Free­ n ew cities, the fact that if you are a Jew that from the United Nations in helping these automatically gives you entry into Israel, also people to become self-sufficient. Several doms. The other three-freedom of wor­ t he general condition of the Arabs in Israel health workers in Bangladesh told me that ship, freedom from want, and freedom where they are the common laborers and who through inoculation programs of the Unit-ed from fear-lose their value when there are people who know that there is really no Nations in Bangladesh smallpox was no long­ is no freedom of speech and expression. futu re for them as Israeli citizens. It is easy er the death scourge it used to be. That is why I became one of the co­ to call the P.L.O. terrorists. That is really a I didn't fully comprehend the tremendous sponsors of the Freedom of Informa­ play on words. In the eyes of the Arabs they impact that the United States has on the tion Act ill 1965 and have supported its are the freedom fighters who can rightly World. In every country that I was in (even extension and expansion since then. It argile that terrorists took their land at gun Ethiopia, which was under martial law, and point in 1948 and never compensated them Bangladesh, which was also under martial is an essential part of the freedoms we and then continued to deny their existence to law while I was there) the newspapers prom­ enjoy and often take for granted. t heir right to a place in the world. I believe inently carried the speeches of President Recently, Hugh N. Boyd, president and our government is going to have to put more Ford. They gave detailed accounts of con­ publisher of the Home News of New and more pressure on Israel to make conces­ gressional investigations on the C.I.A. They Brunswick, N.J., was elected president of sions on the relinquishment of land taken in gave detailed reports on the economic indi­ the Freedom of Information Founda­ t he '67 War a.s well as recognizing the P.L.O. cators of U.S. economy. They gave lists of tion by the Foundation's board of and paying compensation for the land that what the United States balance of trade was trustees. The basic objectives of the was fla.ken in the '48 War. It pains me to see in October, etc. The Japanese TV coverage Moynihan make these vitriolic speeches in the even showed pictures of blizzards in 'the Foundation are to gather and dissemin­ U.N.-as-lf it was all black and white. midwest. Whether we Americans like it or ate material that will enlighten our citi· The second point has to do with the pow­ not, we are such an .economic giant in the zens. der keg 1n Africa. I believe most informed World that people all over the World follow Since I have known Hugh Boyd for Janua·ry 19, 19t6 EXTENSIONS OF REMARKS 247 many years, I am certain he will be a we have been here before and v;-e ha \. or if there is volatile disagreement over distinguished p1·esident of the Freedom always emerged unscathed. the choices facing us. It has ever been of Information Foundation. His ability, The vehicle which has carded us thus, and thus it will ever remain. It integrity and leadership are outstand­ through so many troubled waters, which is the single _element which proves the ing, and above all, he is always fair. I has provided us with the means to adapt strength of our Government and our am proud of Hugh Boyd-and so is every to new and increasingly difficult chal­ people. person who knows him. There will be no­ lenges, is that remarkable document, the Today, more people are actively in­ table progress made under his leadership U.S. Constitution. What other syst-em of volved in making the choices facing our as president of the Foundation, for government has ever been more tlexible, Nation than at any previous time in he believes-as I do-that the American has better allowed for sweeping changes the history of our democracy. Each year people have the right to know what theh· in direction, or has ever been more able sees a dramatic increase in the numbers Government is doing right or wrong. to rise to emergencies than has that of of people dh·ectly communicating witll I hereby insert an article f1·om the the United States of America? Other gov­ their elected representatives. There has Home News of December 27, 1975, which ernments collapse over events which seem been a proliferation of o1·ganizations provides details of Hugh Boyd's appoint­ mere trLfles compared tQ the challenges uniting people in common causes and ment: from which we have always emerged as a carrying the banne1·s of those causes to BOYD HEADS INFORMATION CENTER stronger and more committed nation. Washington. There is a more widespread CoLUMBIA, Mo.-Hugh N. Boyd, president The Vietnam war and the Watergate awareness of the issues facing us and and publisher of The Home News, New a:ffah· have severely tested our confidence the alternatives available to us. Elected Brunswick, N.J., has been elected president in ourselves. The constant threat of ex­ officials have never been held more ac­ of the Freedom of Information Foundation panding communism has coupled with countable by the people they represent. by the foundation's board of trustees. worldwide recession and inflation to He will succeed Dwight L. Sargent, who re­ Our democracy has never been more signed to become assistant managing editor cause us anxiety over our own strength vibrant and vital. Never before has the of the Boston Herald-American. and our ability to :find new solutions. participation of the people been so great. One of Boyd's first responsibllities will be In such troubled times there is a tend­ This increased participation may give to recommend a. successor to Sargent who ency to yearn for times which have come our disagreements the impression of be­ also was chief executive officer of the Free­ before us; to look back to the good. old ing more volatile, but our Constitution dom of Information Center. days and shake our heads disparagingly. was conceived in anticipation of VQlatile The center, which is associated with the In reality, the good, old days concept participation. It is our strength and it School of Journalism at the University of is a myth, and to recognize it as a myth Missouri-Columbia, is the only national re­ should be cause for optimism. search facility exclusively devoted to report­ is to realize the strength and potential Looking forward from 1976, we can ing and commenting on actions by govern­ of our Government and of the American see severe challenges facing us in a world ment, media and society affecting the fiow people. of vanishing resources. But our greatest of information. In the litst 100 years alone we have resource is the American people, and that The center's objectives are to gather, col­ expe1ienced the CivU War, the Indian resource will never fail us. late, file and disseminate material that will wars, the Spanish-Ame1ican War, World contribut~ to a more enlightened citizenry. War I, the Great Dep1·ession, World War Boyd has been active in the foundation's affah'S since the center was founded in 1958. II, the cold war with Its threat of nuclear He has been a member of the center's ad­ destruction, a.nd the Korean and Viet­ HOUSE SHOULD DEVOTE MORE, NOT visory council since that time and has been namese wars. We have met these chal­ LESS, ATTENTION TO CAMPAIGN chairman of its advisory council for the past lenges and we have emerged as the REFORM 1% years. He is a trustee of the center. strongest nation in the world, always re­ Boyd, active in many areas of journalism, turning to a good standard of living and has served at various times as a director of always extending a helping hand and the HON. WILUAM A. S EIGER the Associated Press, president of the N.J. OF WYSCONSIN Press Association, and president of the beacon of democracy to the rest of the American Committee of the International wm·ld. IN THE HOUSE OF REPRESENTATIVES Press Institute. The concept of the good, old days is Monday, January 19, 1976 He attended Choate School and Yale Uni­ in part created by the resiliency of hu­ versity and holds an honorary Doctor of man nature, our ability to forget the bad Mr. STEIGER of Wisconsin. Mr. Letters from Rutgers University. and remember the good. But it is also Speaker, as this session opens, many of fostered by the false impression that al­ us harbor feelings of anticipation and though the challenges of the past were suspense, awaiting as we are the su­ severe, at least the solutions were more preme Court's verdict on the Federal BICENTENNIAL YEAR easily found because we were more united Election Campaign Act Amendments of in purpose whereas today we see a con­ 1974. HON. ALVIN BALDUS stant clashing of Ideas, an arguing and In the weeks since the Court heard oral bickering which create a smokescreen be­ arguments, on November 10, there has OF WISCONSIN hind which solutions are hidden. been wide speculation as to the outcome IN THE HOUSE OF REPRESENTATIVES In l'eality, it has been rare that we of the challenge filed by Senator JAMES Monday, Janum·y 19, 1976 have been totally united in common cause BucKLEY, former Senator Eugene Mc­ Mr. BALDUS. Mr. Speaker, after 2 with no questioning of the routes we Carthy, Stewart Mott, myself, and eight years of extensive promotion and public should take. We have always been united organizations. On one occasion I have anticipation, the anival of our Bicenten­ in our quest for solutions, yes, but there heard it said: nial Year almost seems anticlimactic. has seldom been total agreement on If the '74 law is found unconstitutiona-l, And yet, I am certain that the aiTival of which was the best solution. I'll bet Congress never touches election re­ the American Bicentennial has caused To acknowledge this, to understand form again. every American, along with peoples of all that we have always had disagreement What a sOl'l'Y comment th-at. What a corners of the world, to at one time or an­ in seeking solutions, is to become aware vote of no-confidence in the American other pause for a moment to ponder the that this is what makes our Government Legislature. significance of this milestone in our the most perfect ever conceived. Our Yet, a variation of this view, I am dis­ history. Constitution allows us to disagree, to appointed to read, was voiced this past Considering the climate of our Nation let every possible contingency have its Friday by one of this body's respected and the world today, it is to our benefit say before one path emerges. The Con­ leaders. to have cause to ponder our identity and stitution is the framework which enables According to the Washington Post for our l'Ole in the world. The people of our us to meet new challenges and the re­ January 17, 25 freshman Members of country and of all countries are in a trou­ sourcefulness of the Amelican people is Congress met with the House leadership bled and agitated state as the problems the glue which holds the Constitution and suggested, among other things, the facing us expand and old solutions seem together. consideration of campaign financing as increasingly ineffective. But the arrival And so, let us not be alarmed if we a subject for renewed attention this ses­ of the Bicent-ennial year reminds us that seem to lack a common sense of direction ..J on. Reportedly, the deputy majority 248 EXTENSIONS OF REMARKS January 19, 1976 'whip, our esteemed colleague from In-· tics: the style of campaigning, · the struc-· pa1'ties. Its most serious weakness is the $100 · diana , all but dismissed ture of campaign organizations, the types lid on contributions, which only exacerbates the idea, reminding the meeting: · · . (,f candidates most likely to succeed, and the problem the·present law created for lit­ the relative im.portance of different interest tle-known candidates who need seed money The biD passed just laat year is provlnf: groups-all are affected by the rules telling to get st.arted. The authors seem to have let difficult to implement. people how to· spend their political money. their concern for equality get the better of · Most of us agree the law is proving The law's impact will be felt beyond presi­ them, to the detriment of another of their to It dential campaigning as well. Public financing goals-fostering competitiveness. In conver­ difficult implement. embodies jn­ for candidates, contribution limits. and sation after the book was published, Agree equities and not a few other problems. spending limits will have a direct bearing has said he would favor omitting the con­ Realizing that the current freshman on the future role of the political parties, tribution limits until a candidate reached a Members share no part of the blame for and may also affect the relationship between reasonable threshold amount. With this the 1974 Amendments, I am hopeful one the President and Congress. Differences be­ modification, the ideas in Political Money of them had the presence to ask the tween federal and state law already are merit serious consideration, if Congress ever House leaders, "So there are difficulties. transforming the relationship between state gets a second crack at the subject. What should that tell us?'' parties and candidates for federal office, and The American Bar Association's sympo­ It I is the possibility exists of future impact on si-um is an even more impressive reminder should tell us, think, now that it the relations between the two levels of gov­ than Political Money of what the level of generally acknowledged the campaign ernment as a whole. debate should be on public issues. The ABA's law treats some citizens and some can­ Unfortunately, none of these issues seems Special Committee on Election Reform called didates less fairly than others, that now to have been discussed during the two-year­ together a distinguished panel of political is the time to summon our imaginations long congressional debate over campaign fi­ experts to discuss the implications of the and energies and do something about it. nancing; the forum where some of them are new law, and the transcripts of their discus­ A leader's solution to problems should now being raised is the U.S. Supreme Court, sions contain some of the most stimulating not be a sigh of resignation and a delib­ which is expected to rule on the law's consti­ observations about the problems of cam­ tutionality before January 1. Although tfie paign-finance regul.ation in print anywhere. erate plan to do nothing. two books under review do not answer every It is unfortunately impossible to summarize Surely this body does not lack the relev.ant question, they do have the merit of all of the interesting exchanges, but the ABA necessary skills, resources, and persist­ considering the long-range impact of cam­ would be doing a real service if it prefaced ence to write a campaign law that is fair paign-finance regulation, and as a result they the book with an introduction explaining and firm to all participants in the Fed­ should do more to stimulate thought on the the law to the general reader and then cir­ eral election process. Surely we can think important issues than all the congressional culated it through bookstores-it is cur­ of ways to save the parts of the law·that debates combined. rently available only by direct order. are worth saving and to banish the parts Political Money, a study sponsored by the It remains to be seen whether the Supreme that deter people from expressing freely · Twentieth Century Fund, is primarily an ar­ Court will look at some of the broader is­ gument for a system of public campaign fi­ sues raised by these books, or whether it their views on public issues. nancing different from the method embodied will let the pressure of time rush it into ac­ While I happen to believe, with Ralph either in the federal law or in the ten states cepting Congress's judgment uncritically. If K. Winter, that the first amendment is that already have public campaign-financing the justices take the time to study the legis­ the best campaign reform thus far pro­ schemes. The authors maintain that the key lative record, and then compare it to such posed, and that the first amendment goals of campaign regulation should be: to books as Political Mon,ey and the ABA sym­ combined with full public disclosure is reduce the political effect of the unequal na­ posium transcript, they will soon discover still the best approach, I certainly feel tional distribution of wealth; to provide that many of the key issues were never ad­ enough money to insure well-financed oppo­ dressed by Congress. there are other proposals which Con­ sition to incumbents, most of whom are be­ Thus, everyone agrees that the spending gress should not dismiss without a hear-· coming increasingly safe bets for reelection; limit imposed by the 1974 law cuts into a . ing and without consideration.. l t·eso­ to free· candidates from the pressure that candidate's ability to speak. The law's de­ Iutely disagree with the deputy majority comeS from being excessively beholden to a fenders say that the ·limit is needed to re­ Whip if he genuinely feels that alterna­ few large givers; to help prevent corruption duce the candidate's desire to solicit high tives to the current law should be post­ and reduce the level of public cynicism about contributions, but this seems to be, at best, poned indefinitely. corruption; finally, to do all this in a way a ro1..mdabout reason, and possibly insu~­ For those Members who are' not. so that will not upset the existing relationships cient to justify the indirect limitation on between parties and candidates, or among speech involved. Here ~ constitutional issue, . easily discouraged from the search for the dUierent levels of government. one of free speech, intersects with a political wiser approaches to election reform, I Adamany and Agree say that the present one; ·as a law intended to prevent discrlmlna- · submit for consideration a recent book law, · with its contribution limits, goes part ' tion may be seen to have a chilling effect in review about two volumes which have way tOward satisfying the need to equalize practice. The Court should not lightly go appeared since the passage of the Fed­ the influence of citizens on politics. They into such political questions,. but this is an eral Election Campaign Act Amend­ would go further, however, by reducing the area where it has no real choice. ments of 1974. The first book on cam­ $1000 contribution limit to $100. They do not As for limits on contributions to ·election paign financing is by David W. Adam­ advocate limits on campaign spending; the campaigns, it is clear that what Congress is present law, in its constitutionally least de­ trying to stop is the undue influence large any and George E. Agree. The second, on fensible sections, does require such limits. contributors sometimes have on officeholders. the same subject, is produced by the The public-financing plan Adamany and But how widespread is the problem of undue American Bar Association. Agree propose is intended to enhance equal­ influence? If we are talking about no more This review appeared in the December ity in a general election. All citizens would than a few thousand large contributors, as issue of Commentary and is written by have vouchers that could be given to the can­ has been suggested, would it not be possible Michael J. Malbin of National Journal. didate of their choice. During the nomina­ to hanclle the situation in a less elaborate As Mr. Malbin says: tion period, instead of vouchers there would manner-for example, effective public disclo­ be a system of matching grants (the authors sure combined with vigorous law enforce­ It remains to be seen whether the Su­ think too few people would tm·n in vouchers ment either by the Attorney General or by preme Court will :ook at some of the broader during this period to help the candidates). an independent prosecutor? issues raised by these books, or whether tt The initial evidence, moreover, seems to will let the pressure of tim.e rush it into By using an index of present support to de­ termine how much each candidate should indicate that candidates who are not widely J:~,ccepting Congress's judgment uncritically. known, who are trying to present an un-. If the justices take the time to study the get, both methods would avoid discriminat­ ing against independents and new minor par­ popular or newly emerging point of view,. legislative :-ecord, and then compare it to ties, as the federal law now does. To help or who rep1·esent a poor constituency, are such books as Political Money and the ABA hurt far more seriously by the contribution symposium transcript, they will soon discover counter the possibility that public financing of candidates will weaken the parties, Ada­ limits than are incumbents or mainstream that many of the key issues were ne\·er ad­ candidates. Campaigns callll{)t begin in a dressed by Congress. many and Agree would give direct propor.. tiona! grants to pat·ties as well as to candi­ serious way without "seed money," and even ELECTION SPENDING dates. In addition, to prevent any upset or a candidate who intends to rely primarily on (By Michael J. Malbin) the delicate system of checks and balances,· ' small · c'ontributions must either be an in­ The camp&ign-finance law signed by Presi­ they say that any .federal financing system cumbent, or begin with a few large gifts 1iO dent Ford a year ago deals on its surface with should include both presidential and con­ cover the cost of initial solicitations, or be t:t.e way people spend money on politics. Its gres~ional candidates. . sufficiently well-known to raise money with effects, however, are likely to reverberate The basic approach Political Money takes one newspaper advertisement. The rich can through all the elements making up the toward campaign financing has much to rec­ get around this problem, since under the law basic: structure of elections. The. law already ommend it, particularly in its concern for a person can contribute enough to his own is changing the shape of presidential poll- checks and balances and for preserving the campaign to get it pa-st the critical point. January 19, 1976 EXTENSIONS OF REMARKS 249 Under the old system, someone like Julian the Budget and Impoundment Control The debate, the vote and the final disposi­ Bond in his abortive 1975 presidential bid is tion of the conference report are all instruc- Act which worthy of the attention of tive. · . _ would have been allowed to borrow enough This all Members of the Congress. article During debate on the 8pri~g budget reso.. for. at least one attempt to raise money by is well-written and well-researched and mail. If the maillng did not work, the loan lution on May 29, Stennis had prophetically would -have given h1m a chance to find out. details the hard work or" the Congress to warned of "potential problems ... ahead with Under the 1974 law it is illegal to begin with establish and maintaill stricter budget­ respect to this new budget process,'_' which he a large loan. Here a constitutional issue ary standards and controls. said he generally supported. . ari5es. Do the First and Fifth Amendments Because of the interest of my col­ ''Keeping in mind we are· injecting· ~ third permit a law that so clearly favors rich peo· leagues -and the American people in this committee process into the authorizmg and ple, media stars. and incumbents? most important matter, I place there­ appropriating activities,.. he told the Senate, Finally, one provision in the law makes it cent article fi·om the Washington Post "we must make sure that all of the affected illegal for people acting on their own to committees observe their own Jurisdiction spend more than $1000 on behalf of or on this subject in the RECORD herewith: and not duplicate the others' activities." against a candidate. These "independent ex• MINDING MONEY ON 'l'HE HILL: Is CHANGE The procw·ement bill that later passed the penditures" are distinguished from "con­ REAL? Senate--authorizing future spending ifor tributions" which are gifts to a candidate's In 1946 the Nation had just come through such things as missiles, planes, tanks-was political committee and used as the candi­ a war and a period of price controls and was within the guidelines set by the ~pring date sees fit. Independent expendit~es in­ caught up in a year of double-digit inflation. budget resolution. The House bill went be­ clude such things as buying a billboard with­ Government spending, at $35.6 billion a year, yond the guidelines. out consulting anybody. The justification for seemed to have gotten out of hand, and the The conferees, as Stennis told the Senate this remarkable limitation on independent constitutional power of the purse was said to Aug. 1, had then done the customary thing activity is that without it, the law wo~d be drifting dangerously and by default to the and split the difference. "The increase in the contain a massive loophole that would make President. So Congress adopted a new budget conference bill over the Senate's version..... " spending and contribution limits meaning­ process. the Armed Services chairman said in a mem­ less. That may be true. But is it really con­ A legislative reorganization act required orandum, "is only 2.9 per cent and the House stitutional, in the name of closing a loop.:. that the members of the tax and appropria­ came half-way in its version. If the bill vio· hole, to prohibit a citizen from spending the tions committees of both houses adopt each lates the (budget) resolution with only a more-than·$1000 it would take to sponsor a February a "maximum amount to be appro­ 2.9 per cent increase, with an even split of book or buy a newspaper advertisement that priated for expenditures" for the fiscal year money with the House, there is no way the would tell why he opposes the President's ahead-a spending ceiling, we would call tt congressional conference system can operate re-election? today. with this or any other bill 1! this small These issues are all fundamental. in each The first year, 1947, the two houses could amount of latitude 1s not permitted." case, th~ Court must ask whether a par­ not agree on a ceiling. The second year, hav­ Muskle replied at length. "Members may ticular Item in the law is the least intrusive ing agreed on one, they failed to abide by it. say that Congress is free to exceed the de­ way to achieve a legitimate goal, when The third year, without even bothering to fense spending targets or the income security achieving it affects political speech. In each amend the reorganization act, they gave up targets,'' he said, "Those members must tell case, the means Congress has already se· trying. us where Congress is going to cut the budget lected toward its end seem questionable. Un· Now, 30 years later, for many of the same to compensate for these increases. fortunately, if past hiStory is any guide, the old reasons and in much the same way, Con­ "Congress can change its mind about Court may indeed end up accepting the du­ gress has again moved to reform the appro­ budget targets after they are adopted. Bu~ I ~ious judg~ent of Congress. The post-World priations process. have not recently he.ard anyone suggest that War n Com·t is often regarded as .one that Its good intentions this time are contained we should spend more than the $367 billion has stood foursquare against the legislature in a Congressional Budget and Impoundment targets in our congressional budget· as the in defense of civil liberties, but the fact ·is Control Act that was passed almost unnoticed total federal spending. And I have not re­ that almost all the laws declared unconstitu­ in the impeachment summer of 1974. cently heard anyone advocate that we should tional by the Court since l937 have been That act was a product of the narrow­ exceed the $69.6 billion deficit ceiling it state laws; only the law lowering the voting gauge politics of divided government. The contains." - . age 1n 1970, and before that the 1964 ruling Democrats 1n Congress passed it mostly to "The point I am trying to make. may I say allowing COmmunists to hold passports, prove they were not the hopelessly inflation· to the senator,'' Muskie went on, addressing come to mind as cases in which the Court ary spenders Richard Nixon said they were. Stennis, "is if we are going to proceed with overtUrned acts of Congress, and neither de· They also were seeking to recla~ the spend­ our legislative business as usual, as we have c1s1on was one likely to provoke a confronta­ ing power he had tried to take away by ex­ done it customarily, and just treat the tion beiween the two branches. One may panding presidential impoundments of con­ budget process as some kind of a nuisance hope that the present case will prove an ex­ gressionally appropriated funds. over to one side, and not significantly change ception to this post-1937 record; it o.trers the The uses of the act are also likely to be our habits or our ways of doing things, it is Colirt a particularly welcome opportunity to largely political, at least in this election year, going to be meaningless. You just cannot ·correct the 1rrespons1b1lity o! reformers who its first full year of application. Its ma­ continue to do business as we have, for the may have wanted· to do good but who falled chinery-and the year-long series of budget 18 years I have been in this body, for the to think through the full consequences of reports and resolutions it requires-will be years the senator has been in this body, and their actions. · the ·medium through which President FOrd make this process wo1·k. and the Democrats carry· on their spending "I do not particularly enjoy standing here debate, which could become the dominant and saying to members of the committees on debate of the year. which I do not serve, 'Gentlemen, the budget A BALANCED FEDERAL BUDGET IS Whether the act also will produce a. last­ requires that we do better.. .' I under· A . DESmABLE CONGRESSIONAL ing change in Congress• spending habits 1s stand it is traditional when you go i:Uto a BE another question altogether. conference to split the difference. GoAL TO ACHIEVED One such change it did seem to produce "When you have got a budget target that even last year: guards were posted at the old is binding on both houses tradition has to HON. JOE L. EVINS and often-jimmied back door to the Treas­ give way to a certain extent to the impera­ ury. tives of the question of the budget." OF TENNESSEE The new House and Senate Budget Com­ The ensuing vote was 48 to 42-and pleas­ IN THE HOUSE OP REPRESENTATIVES mittees, invoking the new appropriations antly ironic. Aligning themselves with Sten ­ Monday, January 19, 1976 rules, were able to block or force the scaling nis and the Pentagon on the losing side in down of several so-called backdoor spending what Muskie called "a vote for a larger defi­ Mr. EVINS of Tennessee. Mr. Speaker, bllls-bills that typically do not cost much cit" were most of the great professed econo­ as the 2d session· of the 94th Congress in their year of passage but commit the gov­ mizers in the Senate-almost all the conserv­ begins, it is appropriate to direct atten­ ernment to increased spending in the future. atives, including Appropriations Committee tion to one of the most significant bills The most celebrated of these boltings of Chairman John L. McClellan (D-Ark.). who enacted by the Congress and its use and the back door occurred ·in the Senate Aug. 1, said in debate, "I do not believe for the very application to control Federal spending. when Budget Committee Chairman Edmund small issue in contention here today, it war­ The Budget and Impoundment Control S. Mu,skie (D-Maine) challenged, as beyond rants a repudiation o1 the work of this (mill· Act was designed to, among other things, the. budget target in Congress' spring budget tary procurement conference) committee." a military procurement conf-erence report; There were four other senators, however, restore the Federal purse strings to Con­ brought to the floor by Armed Services Com· gress and establish a means of _keeping also conservative and generally inclined to mittee Chairman John C. Stennis (D-Miss.) . be sympathetic toward the Pentagon, who budgets·within cefimgs set by Congre.Ss. The powerful Stennis is-rarely challenged voted with Muskie .and in fact P.rovided the In. ~ this._connection, _the . Wasbjil.gton on the Senate floor on military matters, even margin of victory. They are four of. .the .m Post. on .Sunday last published an article more rarely beat-en-yet Muskie beat htm Republicans on the .. Budget Conunit~ relating to operation ana appUcation of that day. Henry Bellmon (Okla.), the ranklng.member, 250 EXTENSIONS OF REMARKS Jannary 19, 19t6 and Bob Dole ( Kan.) , J. Glen Beall Jr. ( Md.) , ration~lizing a mindless and hopeles::ly anti­ Bob Dole summed it up for the S~nate- . and Pete V. lJomenici (N.M.). quated system. "As fiscal conservatives," he said on the floor, The 48 to 42 Aug. 1 vote was Page 1 news The AFL-CIO, however, has looked past "we must not allow philosophical 11bhorrence all across the country. Somehow the matter these possible procedural virtues and come of a $65 billion or $57 billion deficit to lead was not so newsworthy on Sept. 26 when to regard the new process more simply as to blind attacks on meritorious programs SteJmis brought back-and Muskie and the biased against spending, domestic spending designed to soften the blow of recession. To Senate accepted-a second conference com­ especially. be sure, numbers like $65 billion and $57 mittee report. It eliminated only about ~ To organized labor the budget act is an billion in deficit are deplorablo. But so too third of the disputed $750 million in author· almost incomprehensible cave-in by a two-to­ are numbers lik~ 8 million unemployed." izations contained in the first report. one Democratic congress to the rhetoric of By comparison the House is brittle and As the second conference report was ap· the right in the midst of the most devastat­ dogmatic, and Chairman Adams 1s unsure proved, Stennis complained that it had been ing recession and the highest unemployment his budget committee can produce any res­ "frivolous" to reject the first-and clearly since the Great Depression. olution that will pass this spring. the publicity value of Muskie's August vic· Labor people look on the federal spending The- problems he had last year will be in­ tory was greater than its dollar value. Still, it issue as a bugaboo, pointing out that federal tensified by the approaching election and established a precedent, and precedent is lm· outlays have risen hardly at all in the last by the tax cut that Congress extended last portant in the Senate, where procedure and 20 years as a percentage of gross national month through June 30. form sometimes count for more than product or of the economy as a whole. Both parties will want to extend the cut content. Is it not true, Rep. John Conyers, Jr. (D­ another time; neither will want to risk being And other back-door bills were also felled Mich.), representing thi point of view, asked blamed for a tax increase four months before last year. Adams during the second House budget de~ the election. One was a chlld nutrition conference re­ bate in November, that "this budget resolu­ The Republicans, however, will insist first port, an authorization bill that would ha~e tion, if implemented, would in effect legiti· that the Democrats agree to live within the broken the budget resolution by automati­ mate an unemployment rate of 7.5 percent $395 billion spending ceiling to which cally increasing school lunch costs. Muskie through fiscal year 1976?" Preisdent Ford has already committed him­ stated his opposition to this when he an­ It would, Adams had to say. nounced he would oppose the military pro­ self for fiscal 1977, the year for which he "Do I understand then that the chairman will submit his budget later this week. curement bill. That "even-handedness," as finds this rate acceptable," Conyers asked, The Democrats will surely balk at $395 several senators called it, was one of the really of the whole House, "or does he feel billion. Bellmon may even call it phony. It means by which Bellmon and the other three as I do that this is an unconscionable- rate of is $20 billion above this year's presently esti­ Budget Committee Republicans were per­ unemployment for this Congress to legis­ mated spending total. That is not enough suaded to go along in the Aug. 1 vote. late?" In the House, meanwhile, Budget Com­ to cover even the already legislated auto­ The more Adams tried to satisfy one wing matic increases next fiscal year in Social mittee Chairman Brock Adams (D.-Wash.) of the House, the more votes he lost on the also blocked legislation, but mostly behind Security (about $12 billion), Medicare and other. The two resolutions were finally car· Medicaid (about $5 billion) and interest on the scenes or in the Rules Committee rather ried only after amendments were offered than on the floor. the debt (about $6.~ billion), to say noth­ sweetening them slightly for the liberals and ing of likely increases in federal civilian and One example was a September bill from the even then only after, in each case, the House Post Office and Civil Service Committee that, Democratic leadership spent a long day military pay and pensions (about $10 billion) among other provisions, would have per­ twisting arms. "We must have a congressional and in the rest of the government's pro­ mitted federal employees to retire after 30 budget," Speaker Carl Albert (D-Okla.) told grams. years of service, regardless of age. wavering members as debate closed on the With Republicans insisting, Democrats The estimated first-year cost of this early­ first resolution in May. balking, the President no doubt threatening retirement provision was only $10 million, Muskie had no comparable problem in the a veto in an instant replay of last December's but its cost a few years out was 60 times that. more accommodating Senate, in large- part posturing and near paralysis, and the na­ Opposed for this and other reasons, the bill because ranking Budget Committee Repub­ tional nominating conventions only weeks was never brought to a vote. lican Bellmon refused to play deficit politics. away, anything can happen to a mere budget But the House, through no fault of Adams, At one point in the spring President Ford resolution. was also the chamber where the new budget And that is not Adams' only problem. was saying the deficit this spending year Theoretically at least, no fiscal 1976 appro­ process almost broke down last year, in much could be held to $60 billion (which itself was the same way as its predecessor fell apart in about $8 billion more than be had originally priations bill can be passed that will take the 1940s. proposed) and that a vote for any more was total spending past the $374.9 billion level The first House budget resolution was a vote for inflation. That figure helped firm stipulated in the second budget resolution passed in May by only four votes, 200 to 196. up Republicans in the House. In the Senate, Congress adopted last month. Any such bill The House-Senate conference report on the however, Bellmon denounced it as "phony." is subject to a point of order. second resolution had an even closer call, Bellmon was equally caustic in the fall, Adams was explaining that on the House passing in December by only two votes, 189 when the President proposed what he de­ floor a day or two after the second resolution to 187. scribed as a $28 blllion tax cut to take effect was adopted when Jamie L. Whitten (D· The problem was the same both times. Jan. 1 and to be followed by a $28 billion Miss.), the No. 2 Democrat on the House Ap­ Republicans voted rigidly against the pro­ spending cut and a $395 blllion spending priations Committee, asked for his attention. jected deficits ($70.1 billion at the first vote, That could mean the year's last appro­ which would not take effect until fiscal 1977, priations bill to come to the floor, a bill $74.1 billion by the second) and were joined beginning on Oct. 1. perhaps containing funds for "an entire de­ by some southern Democrats. "If I had an evil political mind-and I These anti-deficit spenders accused the partment or program," would have to be "left have--r might think there was some political out," Whitten said, and surely no one in­ Budget Committee of being little more t~an motive- in this timing," Bellmon said to an adding machine, recording the spendmg Office of Management and Budget Director tended that. plans of other committees, always saying yes James T. Lynn at a hearing. "I would say But the budget resolution had contained a and never no. "fixed ceiling," Adams reminded him. it would be very convenient to have a tax Yes, Whitten said, but that ceiling was "I might say very frankly that I envisioned cut early in the political year and an ex­ this budget process to work a little differently fixed only "until the Congress changes its penditure cut very late in the year." mind." than just adding up a lot of figures," rank· Other Budget Committee Republicans fol­ ing House Budget Committee Republican lowed Bellmon's lead, dispensed with the Delbe-rt L. Latta (R-Ohlo) said during debate usual fiscal pieties and discussed the budget THE NEW :tv!ATH on the second resolution. "To date, we have in public with remarkable frankness and im­ been adding up too many figures and not Lest anyone ·doubt that the new budget pressive sophistication. process has cauf!ed Congress finally to start taking the bull by the horns, so to speak, Maryland's conservatlve Beall stood on the in cutting down some of the expenditures." dealing with the nation's fiscal affairs in a At the opposite pole in the House, how­ Senate floor in April preparing to vote for modern manner, the following is offered from ever, was an equally determined and dis­ a $67.2 blllion deficit and assuring his col­ the Congressional Record of last April 29. satisfied group of liberal Democrats who leagues, his constituents, himself and any Senator Muskie was about to yield to Sen­ either thought the- deficits in both budget other waverers within earshot that the ator Bellmon ili debate · on the first budget resolutions were too small to reverse the budget resolution actually Implied "a slight resolution, but first, he said, "I wish to make recession and reduce unemployment anytime full-employment surplus." a unanimous-consent request, the necessity soon or who felt more money should be taken The full-employment budget is a way of for which I find incredible. I ask unanimous from defense or raised through tax reform measuring how much of a given deficit 1s consent to use hand calculators on the Sen­ and applied to domestic needs. due to a sag in economic activity and tax ate floor.". Organized labor also held-and still receipts, and how much 1s due to Increased "The PRESIDING OFFICER. Without objec~ holds-this view. spending. It 1s fairly well accepted as a tion, it is so ordered. Most interest groups on the- outside-, if standard for Judgment among economists. "Mr. MusKrE. I understand that the rules they have taken any cognizance of the new It has 1•arely before been accepted and in­ are so ancient and esoteric that the abllity budget process at all, have applauded lt as voked by Republlcan senators. to use these calculators except by unanimous January 19, 1976 EXTENSIONS OF RE·MARKS 251

consent seems to be in doubt. I as~~ ed gentleman personally, who is unfortu­ must be interpreted as a disappointing lease whether or not I could use my fingers with­ nately unequipped by personality and sale off the coast of Southern California: out unanimous consen1r-I assume that that background to handle the kind of re­ The day before the sale, the Journal re­ is the original hand calculator-and there ported that speculation was high that for the seems to be doubt on that score, too. I yield sponsibility that has been given to him. 235 tracts a total of as much as $2 billion to t o the senator from Oldahoma." In his moves to close small post of­ $3 billion might be achieved. It was pointed flees-part of a general move to reduce out that the previous high mark was the THE NEW BUDGET TIMETABLE services, even though that will be denied $2.09 billion in the March, 1974 sale of tracts Presidents present Congress each winter by them-he picked on one small com­ off the coast of Louisiana. with what are called unified budgets, SUID­ munity in southern Dlinois as an ex­ This was especially encouraging, I am sure, ming up all expected federal receipts and ample of a post office that can be closed. tv the Office of Management and Budget expenditures and projecting the resulting which is counting on $6 billion this fiscal He said: year from the sale of Federal lands to heln deficit or surplus for the fiscal or spending An example of the kind of Post Office that year ahead. balance a Federal budget in record liigh might be eliminated is the one in Rosebud, deficU. · Congress, on the other hand, has been Illinois. That office serves six families who adopting its appropriations bills for the The following day, when the "bids- \VCre call for their mail daily and use other serv­ open, the total high bids amounted to a -di<>­ various sectors of the government inde­ ices there. The annual receipts from that pendently of one another, not adding them appointing $438.2 million: But thei:e are office are about $573.00 and t he cost of op­ up. Now it will have to add them up: the other factors even more alarming. eration is $5,587.00. essential discipline in the new budget proc­ The Journal points out that in two accel­ ess is that Congress must vote explicitly for First of all, to defend their move on erated lease sales last year, the avet·age bid an any deficit or surplus it creates. closing the post offices, extreme ex­ acre fell to $2,416 from $3,560 in three pre­ vious unaccelerated sales. The California s ~. le The starting date of the federal fiscal year ample are the ones used. has been changed from July 1 to Oct. 1 be­ averaged only $1,135 an acre. At the same ginning this year, to give Congress more In this case, not only is it an extreme time, there were an average 2.4 bids per tra:;t time to pass all authorizing and appropria­ example, but this particular post office compared with the 2 .5 bids per tract in la£t tions bills before each fiscal year begins. actually was closed 13 months ago ac­ year's accelerated sales which had alreaQy The President will continue to submit his cording to H. R. Brener, publisher of the dropped from 4.3 bids for the unacceleratcd. budget or spending plan for the year ahead in Herald-Enterpriser of Golconda, TIL sales. January. (President Ford's budget for fiscal It is an interesting comment on the I think there are several conclusions ce 1977 will be submitted later this week.) can make from this most r~cent sale. Tbe efficiency of the Postal Service that the first is that capital is now so tight that the The budget committees, after consulting example it uses to support a policy is an with the various specialized committees in oil companies are not willing to take the each house, must then report out so-called example that has not been in existence same kinds of risks through front-end bo­ first budget resolutions by April 15 of each for more than 13 months. nuses based on speculation of what quantities year. These will set out total tax and spend­ of oil and gas may lie in .frontier waters. A ing targets, with the resulting surpluses or second and even more alarming cone! usion deficits. The recommended spending figure is that there is a growing absence of 1·eal will also be broken down in the resolution CJ'J.JIFORNIA OFFSHORE SALE DIS­ competition for tracts as evidenced by t!.1e into so-called functional sub-totals, one for APPOINTING; ATLANTIC SALE declining nUIDber of bids per tract. As a Mem­ ber of the House Judiciary Subcommittee on health, for example, one for defen~e. one for NEED NOT BE interest on the debt and so on. Monopolies and Commercial Law, I am be­ By May 15 a first budget resolution must be ginning to wonder whether this is mere coin­ passed, which means that each house must cidence or, perhaps, indicates group decision­ have acted on its own and the two houses HON. WILLIAM J. HUGHES making on some staff level preceding l·3ase then must have agreed. The resolution is OF NEW JERSEY sales. Congress' own piece of paper; it does not go IN THE HOUSE OF REPRESENTATIVES In Sllmmation, Mr. Secretary, it s...lJ.ould be obvious that the days of the big bonus bids to the President to be signed into law. Monday, January 19, 1976 May 15 is also the deadline for the legis­ are numbered. I think it significant in the lative committees in each house to report Mr. HUGHES. Mr. Speaker, I have re­ California sale that on the three choica out any new spending-authorization bills for tracts offered where the royalty was advanced cently written to the Honorable Thomas from one-sixth to one-third return to the the fiscal year ahead. S. Kleppe, Secreta:ry of the Department Congress then has all summer to pass the government, the bidding was most brisk and actual spending or appropriations bills. These of the Interior, reviewing conditions that brought the high return. must be completed, according to the time­ resulted in the disappointing Federal This argues, in my opinion, for a change table in the new law, by seven days after lease sale concluded last month on 231 in leasing policy which would Eet a higher Labor Day each year. tracts covering 1.3 million acres off royalty or a sliding scale royalty basej_ on In the remaining days of September come southern California. known or high probability hydrocarbon de­ the final steps in the process. Congress adds My work on the ad hoc Select Commit­ posits. up all the actual spending it has voted, Please permit me to take another opp:;r ­ tee on the Outer Continental Shelf con­ tunity to argue a case for stratigraphic on­ compares that with the targets it set back in vinces me that with some restructuring May and has to reconcile the two. structure tests in the future frontier lease If the totals do not match, Congress must of our leasing policies we can significantly sales. With two large formations already either vote to cut back specific spending bills improve the return to the public of a identified in t he Baltimore Canyon sale area, or vote explicitly to raise the general spend­ fair price for any gas and oil discovered we have an ideal opportunity to test a new ing total and projected deficit (or, of course, in the Atlantic Ocean while also kindling concept. I b£-lieve that a procedure to i<'~ue reduce the projected surplus in the unlikely competition for sales which hacs declined permits to drill on-structure with future event there is one) . miserably to an average 2.4 bids a tract leasing in tlle area limited to the consortium All reconciliation bills must be passed by that agrees to take the risk will achieve £ev­ in the recent California sale. We can also eral obvious advantages. These would in­ Sept. 25; theoretically, everything will then better assess potential onshore impact, be done five days before the new fiscal year. clude: because we will know ahead of time what 1. Increased competition. More firms might quantities we are talking about. be willing to risk a shared cost of the ex­ I submit for the RECORD a copy of my ploration program since the result in the event of success would be the location of POSTAL SERVICE USES UNFORTU­ letter to the Secretary as .veil as articles published in the Wall Street Journal of commrrcial deposits of gas and oil for which NATE EXAMPLE they might obtain collateral to develop. December 11, December 12, and Decem­ Without such an avenue of inference, we will ber 22, reporting the presale euphoria continue to be dependent upon a hand!ui HON. PAUL SIMON and postsale disappointment in Cali­ of oil companies that have amassed sufficient OF ILLINOIS fol·nia: sums to bid blind on unknown quantities. IN THE HOUSE OF REPRESENTATIVES WASHINGTON, D.C., 2. Upon a known deposit, the Federal gov­ December 19, 1975. ernment would be in a much better position Monday, January 19, -1976 Han. THOMAS .S. KLEPPE, to schedule a lease sale under a formula Mr. SIMON. Mr. Speaker, as my col­ Secretary, Department of the Interior, which would more nearly guarantee a re­ leagues on the Post Office and Civil Interior Building, Washington, D.C. turn to the public that is .fair. It-would also DEAR MR. SECRETARY: The Wall Street Jour­ minimize the chance of government auctions Se:ryice. Committee know, I have not been nal in stories on succeeding days uninten­ off such area-s as the Destin Dome otr Florida very; much impressed by the leadership tionally made a pretty good case for review­ which turns out to yield no commercial which the Postmaster General is giving · ing our methodology for . leasing offshore quantities of gas or oil. Such sales have also the Postal Service. I think he is a fine acreage in its reporting of what in candor undoubtedly led to subsequent hedging by 252 EXTENSIONS OF REMARKS Janua1.. y 19, 1976 oil companies which was expressed in the reason for the uncertainty about the total of terest, a Los Angeles-based public interest California sale. winning bids. Another is the intense secrecy law firm, said It decided against seeking emer­ 3. With known quantities prior to lease that shrouds the bidding process until the gency appellate reltef from Judge Robin­ sale, the Federal government, states and lo­ first sealed envelope is ripped open at 10 son's earlier ruling because the Court of Ap­ calities will be tn a much better position to o'clock this morning, PST. peals wouldn't have time before the sale to more accurately assess potential onshore im­ "This is such a highly competitive thing consider the issue in depth before making a pact resulting from offshore on drilling. that our guys Who are involved with this decision. 4. Finally, I believe that a change in pro­ hardly even burp," says an official of one "There's too much at stake to quit now," cedm·es Will have the added dividend of min­ large oil company. Security measures are says Bruce Terris, a Washington, D.C., lawyer imizing the possibllity of your Departmen1i extreme. For example, because companies also involved with the suit. He said the oil being forced into court by states and groups have to submit a 20% cash down payment companies are "proceeding at their own risk" which raise points that I believe can be with all their bids, Exxon Corp. draws its in today's sale, because if a trial on the avoided by taking steps such as I suggest. money from banks all over the U.S. so that merits finds the lease contracts violated fed­ In closing, Mr. Secretary, let me assure y.ou there won't be an indication to anyone out­ eral law, they could be declared void until t hat I want to work With you and your De­ side the company of how muoh Exxon is such time as they are rewritten. partment to minlmize potential conflict in going to bid. "And since the interest is thou­ One environmental group, the California t he upcoming lease sale off New Jersey and sands of dollars an hour, we don't draw Citizens for Political Action, is attacking the sincerely believe that this can be accom­ those funds until the last Illinute," an Exxon sale by taking part in it. The group says it plished by expanding an excellent start made spokesman says. will submit a legal bid for one of the 235 in recent months to revise some aspects of Another reason for the gre&t interest in tracts. As the minimum bid is $25 per acre our leasing policies. the sale is the belief that the Gulf of Mexico and a full tract would require a bid of at With kind personal regards. region, the focus of previous high-priced least $144,000, a spokesman said the group Sincerely, sales, has been exhausted as far as promis­ will bid on the smallest tract available, one Wn.LIAM J. HUGHES, ing prospects are concerned. "The Gulf has of 360 acres. "We're doing it so we can t•aise Member of Congress. become a well-explored area with the choicer the question of why t:p.e rush, what·s the tracts already taken," one industry observer hurry in drilling there?" Frank Buda, a (Fr om the Wall Street Journal, Dec. 11, 1975] says. "This area has good possib1lities and group spokesman, says. LEASES OFF CALIFORNIA Go ON SALE TODAY is practically virginal." AFTER LONG DISPUTE; Bms lVIA Y Hrr The risk is still great. "It's a little better (From the Wall Street Journal, Dec. 12, 1975) RECORD than a Ouija board type of thing, but not OIL-GAS LEASE SALE OFFSHORE OF CALIFORNIA (By St ephen J. Sansweet) much," says Frank Parker, a consulting ge­ BRINGS TOTAL H!IGH BIDS OF $438.2 MILLION ologist from Pasadena, Calif., who is re­ Los ANGELEs.-After years of preliminary sponsible for many of the prelimtnary stud­ (By s. J. Sansweet and H. Lancaster) work and months of intensive effort, bids Will ies in the area. "We know that it's an area Los ANGELES.-The first federal sale of be opened this morning in the most con­ that ordinarily should produce oil, and we oil-and-gas exploration leases off the coast troversial and potentially the highest-priced feel reasonably sure there's a considerable of Southern California in seven years pro­ sale of offshore oil and gas leases in U.S. amount there, but without any test drilling duced total high bids of $438.2 Inillion, sub­ history. there certainly aren't any guarantees." st antially under some government predic­ Up for grabs are about 1.3 million acres of Mr. Parker has estimated that there Me tions. federal leases off the coast of Southern Cali­ 70 billion barrels of oil in place off Southern However, oil company officials, who had fornia. Despite generally depressed profits for Caltfornia between the Channel Islands and maintained tight secrecy surrounding the petroleum companies this year, the bidding the Mexican border and from the coast to competitive bidding prior to the opening of is expected to be spirited. According to one the edge of the Continental Shelf. Much of the bids, said the figure was in line "give or internal and unpublicized government esti­ that isn't recoverable or would be uneco­ take 25% " with what they had expected. And mate, the high, or Winning, bids for the 235 nomic to recover, the geologist explains. officials of the Bm·eau of Land Management, tracts could total as much as $2 billion to $3 (None of the leases up for bid today is which ran the controversial lease sale, and billion, an admittedly Wide range. closer than 3% miles to the coast.) Because the U.S. Geological Survey, which completed The previous mark for total high bids was of the uncertainties about specific tracts, its tract-by-tract estimate of potential bids $2.09 billion in March 1974 for tracts off the just Wednesday night, professed pleasure at coast of Louisiana. Today•s sale is being con­ Mr. Parker believes that while a "large wad of dough" will be spent today, that price per the outcome of the sale. ducted by the Pacific Outer Continental Sixty-seven oil companies and individuals Shelf Office of the Bureau of Land Manage­ acre will probably be less than for the choicest offshore Louisiana leases or even were registered to bid on 231 tracts covering ment, and William E. Grant, the manager of about 1.3 million acres. But only 166 bids the office, says the area under bid has great the earlier Santa Barbara sale. It Will be a week or so before the Bureau of Land Man­ were received on only 70 tracts and many potential. tracts received only one bid apiece. A total "We're never sure until the last minute, agement announces which btds it wtU defi­ nitely accept. of $902 million in bids was received, well un­ but there has been a lot of interest shown by der the record $6.5 billion at an offshore a substantial number of oil companies," Mr. "Several of the major companies are short of crude on at the present time, and that Louisiana sale in 1970. Grant said. The lease sale Will be the first for Prior to the sale, government forecasts of offshore California since the sale of leases in should push the prices up," an official of one industry trade group says. "But there the total number of high-or apparently win­ t he Santa Barbara Channel in 1968. A year ning-bids ranged from $1.6 bllllon to more later, the major on spill there gave impetus hasn't been a lease sale in an unexplored area since the tinkering with the depletion al­ than $2 billion. The record of high bids for a to the environmental movement and a spate total sale was $2.09 billion offshore Louisi­ of lawsuits seeking to halt all offshore drill­ lowance. And companies have to consider the potential legal hassles as well as what they ana in March 1974. ing. Just last Friday a federal judge in Wash­ The Southern California offshore sale is ington refused to block today's sale. The bid­ will have to pay for such things as environ­ mental control,'' he adds. one of the first in an ace&lerated program of ding originally was scheduled for October, lease sales to considerably step up explora­ but the Department of the Interior delayed ENVIRONMENTALISTS' RALLYING POINT tion in waters off the U.S. Critics of the plan it t wo months to weigh public reaction. Environmentalists and others have made have expressed fear that the program will NEW STAGE OF DEVELOPMENT today's sale the rallying point for their ef­ result in lower bids for tracts and yesterday·s on industry observers think today's sale forts to block or reduce considerably offshore sale seemed to back up that contention. co11Id be significant for another reason. Ex­ drilling. So far, all the efforts have failed. In two accelerated lease sales last year, cept for the earlier Santa Barbara sale, all Last week U.S. District Court Judge Aubrey the ave1·age cash bid an acre fell to $2,416 federal offshore leases so far have been in the Robinson Jr. denied a request for a prelimi­ from $3,560 in three previous unaccelerated Gulf of Mexico. The Southern California nary injunction to halt the sale, saying that sales. In yesterday's sale, the average high sales marks the opening of a new stage of most of the issues raised in a consolidated bid an acre was $1,135. This is also lower development, with the government planning lawsuit had already been settled in a previ­ than the average price an acre of $1,265 for t o sell leases on 20 Illillion to 30 Illillion acres ous action won by the Interior Department. all federal offshore lease sales. Also; there by 1978 on the Atlantic Seaboard, off Alaska The most recent action was on behalf of the were an average of 2.4 bids a tract in yes­ and other places. If today•s bids don't match State of California and a number of local terday's sale. In last year's accelerated sales, earlier records, it will be a clear indication communities. the average number of bids a tract fell to 2.5 t hat-for a variety of reasons-oil companies The suit claimed that the government was from 4.3 for the unaccelerated sales, in di­ h ave decided to curtail expenditures for rela­ acting without adequate information on the cating a drop in competition. tively high-risk exploration. environmental impact of drilling, had failed The single highest bid for a tract was The u.s. Geological Survey has indicated to assure a fair return on the sale and failed made by a group comprising Standard Oil that there may be three b1llion to five billion to ret ain the right to end any leases if drlll­ Co. of California, with a 30% interest; Union barrels of recoverable oil in the area c.ov­ ing damaged the environment. On Tuesday, Oil Co. of California, 26%; Getty Oil Co., ered by today's lease sale, but the Western attorneys for the plaintiffs filed a memoran­ 22 %; and Skelly Oil Co., 71% -owned by Oil & Gas Association, an industry group, dum with Judge Robinson asking for a trial Getty, 22 % . The group bid $105.2 million for h as used a working figure of 14 billlon bar­ on the merits of the offshore leasing pro­ a tract off San Pedt"o and Long Beach, Calif. rels. That wide variance in estimates ts one gram. The Center for Law in the Public In- The tract was considered in advance to be January 19, 1976 EXTENSIONS OF REMARKS one of the choice ones offered, and was one of California, said his company's total ex­ Tract 104, Texaco Inc., Champlin Petroleum of three that carried a royalty rate of one­ posure on high bids submitted by groups it Co., $33,356,160. third of production revenue. All other tracts led amounted to $39 million. Asked about Tract 105, Exxon Corp., $5,125,000. can·led a royalty rate of one-sixth. the high bid of $105.2 million for Tract 254 Tract 112, Marathon Oil Co., $5,011,200. The two other premium tracts, both in the (the next highest bidder was the Shell group Tract 111, Exxon Corp., $507,500. same area, apparently were won by a group with $35.3 million), Mr. Silcox said: " We felt Tract 114, Group led by Shell Oil Co., $9,- led by Shell Oil Co. The group bid $25.6 mil­ it would be a successful day if we got that 268,000. lion for Tract 261 and $45.7 million for Tract tract. That was our strategy." Tract 115, Group led by Shell Oil Co., $20,- 262. The group comprises Shell, 50% ; Occi­ William E. Grant, the manager of the 598,000. dental Petroleum Corp., 17%; American In­ Pacific Outer Continental Shelf Office of the Tract 116, Amoco Production Co., $1,521,- dependent Oil Co., 16.5%; Chanslor-Western Bureau of Land Management, said the office 125. Oil & Development Co., a unit of Santa Fe will make its final decision on which tracts Tract 123, Challenger Oil & Gas Co., $5,000,- Natural Resources Inc., 12%; and Hamilton t o award to high bidders on a tract-by-tract 256. Brothers Oil Co., 4.5 %. basis. Mr. Gere, of the Geological Survey, Tract 124, Challenger Oil & Gas Co., $3,020,- An official of the Bureau of Land Man­ indicated the possibility that all of the 298. agement said his office hopes to be able to tracts bid on wouldn't be awarded. "I Tract 125, Challenger Oil & Gas Co., $5,001,- determine within a week or so exactly which wouldn't be surprised if there are some pro­ 408. tracts will be awarded. The government can blem leases," he said. Tract 126, Challenger Oil & Gas Co., $3,050,- reject any of the apparent winning bids, if it Besides the three prime tracts that car­ 165. considers them too low. ried one-third royalty rates, several others Tract 128, Shell Oil Corp., $257,000. One oil industry observer said that the to­ brought big bids, including tracts 104 ($33.4 Tract 137, Atlantic Richfield Co., $1,630,000. tal of high bids "is clearcut evidence to me million), 138 ($21.5 million) and 253 ($21.5 Tract 138, Texaco Inc., Champlin Petroleum that the oil companies are cutting back million), all apparently won by the Texaco­ Co., $21,519,360. sharply on their exploration expenditures." Champlin partnership. A group headed by Tract 139, Atlantic Richfield Co., $4,790,000. But Willard Gere, western regional con­ Shell was apparent high bidder on Tract 115, Tract 149, Texaco Inc., Champlin Petroleum servation manager of the U.S. Geological with a bid of $20.6 million. Tract 253 is in Co., $7,015,680. Survey, said the total of the high bids is the block offshore of Long Beach, and the Santa Barbara Island area: "fairly close to the final figure we came up others are far offshore, between San Cle­ Tract 185, group led by Mobil Oil Corp., $4,- with last night," based on the small number mente Island and San Nicholas Island. 837,000. of tracts actually bid on. He said there is a A group protesting the lease sale, the Tract 196, group led by Mobil Oil Corp., great deal of uncertainty about the offshore, California Citizens for Political Action, sub­ $202,470. Southern California area. "This may turn mitted the only bid for Tract 21 . It was for Tract 203, group led by Mobil Oil Corp., out to be a natural-gas area or a mix of gas $9,000, the minimum bid allowable. While it $1,039,000. and oil, and that would be uneconomic to de­ was an apparent winner, spokesmen for the San Pedro-Long Beach area: velop. But the industry thinks it's certainly group said they believed it was too low to be Tract 246, group led by Mobil Oil Corp., worth the effort to find out." accepted. Apparently, the biggest spenders at the $1,019,000. In a press conference outside the sale Tract 247, group led by Shell Oil Co., $12,- lease sale were the various groups headed room prior to the opening of the bids, Sher­ by Shell, which had the high bids on nine 354,000. win Kaplan of the protesting group said the Tract 252, Standard Oil Co. of Calif., Skelly tracts that went for a total of about $122.8 bid was made to point out "what a ripoff" million. Standard Oil of California, in var­ Oil Co., $1,003,161. the sale was and to dramatize the need for Tract 253, Texaco Inc., Champlin Petroleum ious groups and alone, spent about $111.2 higher royalty rates. He also said the group million for 12 tracts, but the majority of that Co., $21,548,160. had wanted the sale put off, pending possi­ Tract 254, group led by Standard Oil Co. of was the $105.2 million committed for Tract ble congressional action on lease sales. 254. Other high rollers included a partner­ Calif., $105,177,888. "What's the big rush?" he asked. "Is this a Tract 255, Exxon Corp., $1,015,000. ship consisting of Texaco Inc., 66.7%, and Christmas present for the oil companies?" Champlin Petroleum Co., 33.3 %, which was Tract 256, group led by Shell Oil Co., $8,- the apparent high bidder on five tracts for Santa Rosa Island area: 238,000. about $93.5 million. Shell is a member of the Tract 21, California Citizens for Political Tract 260, Standard Oil Co. of Calif., $1,- Royal Dutch-Shell Group. Champlin is a sub­ Action, $9,000. 600,012. sidiary of Celanese Corp. Tract 26, a group led by Oxoco, $356,000. Tract 261, group led by Shell Oil Co., $25,- R. H. Nanz, vice president of exploration Tract 31, Standard Oil Co. of Calif., 568,000. arid production, western region, for Shell $200,005. Tract 262, group led by Shell Oil Co., $45,- said that company's share of the high bids Tract 32, Standard Oil Co. of Calif., $1,- 685,000. was about $62 million. "No one should have 200,042. Tract 263, Gulf Oil Corp., $3,263,040. thought all the tracts would be bid on," he Tract 33, Standard Oil Co. of Calif., $300,- Tract 264, Standard Oil Co. of Calif., $200,- said. "There ought to be a few hundred mil­ 038. 016. lion barrels of oil at least out there, but we Tract 34, group led by Oxoco, $411,000. Tract 266, group led by Mobil Oil Corp., won't know until we drill." Tract 49, group led by Oxoco, $411,000. $146,315. Mr. Nanz said that once the bids are ac­ Tract 51, group led by Shell Oil Co., $151,- Tract 267, group led by Mobil Oil Corp., cepted, it would probably be about four 000. $7,111,000. months before all permits are received. He Tract 54, Atlantic Richfield Co., $1,625,- Tract 268, Standard Oil Co. of Calif., Getty said he doubts any drilling would begin untn 500. Oil Co., $800,179. May 1976. "This is a moderate to easy area Tract 55, group led by Oxoco, $319,000. Tract 273, group led by Mobil Oil Corp., to work in, not like the North Sea, but a lit­ Tract 58, group led by Oxoco, $337,000. $1,029,000. tle more difficult than the Gulf of Mexico." Tract 59, Atlantic Richfield Co., $1,570,000. Tract 274, Standard Oil Co. of Calif., $413,- Water depth in the tracts bid on ranges San Clemente Island-San Nicholas Island 280. from about 200 feet to more than 2,000. area: Tract 275, Standard Oil Co. of Calif., $500,- The Shell executive said that he thought Tract 70, Standard Oil Co. of Calif., Union 025. it would be a minimum of three to four Oil Co. of Calif., $600,076. Tract 281, Gulf Oil Corp., $3,188,160. years "under the best of conditions" before Tract 71, Standard Oil Co. of Calif., Union Tract 282, Challenger Oil & Gas Co., $4,000,- production could start offshore of California, Oil Co. of Calif., $2,217,000. 557. and probably seven to eight years for the Tract 74, Exxon Corp., 353,800. areas farthest from the coast or in deeper Tract 75, Texaco Inc., Champlin Petroleum water. Capital investment for all companies Co., $10,143,360. [From the Wall Street Journal, Dec. 22, 1976] drilling here, providing there is a large Tract 76, Gulf Oil Corp., $5,276,160. INTERIOR U~IT ACCEPTS 56 BIDS FOR OIL LEASES enough find, could be in the area of $20 bil­ Tract 77, Atlantic Richfield Co., $212,000. OFF CALIFORNIA SHORE lion, Mr. Nanz added. Tract 79, group led by Shell Oil Co., $515,- Los ANGELES.-The Department of the John Loftis, senior vice president of 000. Exxon Co. (U.S.A.), a unit of Exxon, said Interior said it accepted 56 high bids totaling the sale results "didn't surprise us in any Tract 80, Exxon Corp., $253,800. $417.3 million in the first federal sale of oil way." He compared the sale to a past sale Tract 81, Gulf Oil Corp., $4,281,120. and gas-exploration leases oft' the coast of of leases off South Texas and added, "there Tract 82, Atlantic Richfield Co., $870,000. California in seven years. was a little more committed and a little Tract 85, Exxon Corp., $152,300. The department rejected bids totaling more spent here." He said the area has 'Ilract 86, Exxon Corp., $152,300. about $21 million or 14 of the 70 tracts for "fairly high potential, but also a lot of risk," Tract 87, Gulf Oil Corp., $5,287,680. which bids were made. All together, 231 and added that availability of drilling rigs Tract 88, Gulf Oil Corp., $3,288,960. tracts were up for bids, and some govern­ presented some problems. Exxon spent $29 Tract 94, Exxon Corp., $1,015,000. ment officials had said they expected bids million to be the apparent winner of 12 Tract 95, Exxon Corp., $6,156,000. of $1.5 billion to $2 billion or more. How­ tracts, out of 29 that it bid on. Tract 96, Exxon Corp., $1,015,000. ever, the sale produced total high bids of John Sllcox, vice president and manager Tract 102, Exxon Corp., $1,015,000. only $438.2 million out of total bids of $902 of the exploration department for Standard Tract 103, Exxon Corp., $12,210,000. million. 254 EXTENSIONS OF REMARKS Janua1"Y 19, 197'6 Some offitdals, including Gov. Edmund G. the national programs for agriculture or for tion of certain investigative activities of the Brown Jr. of California called on the gov­ the regulated industries. It is not the ad- Bureau that do not necessarily relate, and ernment to reject all the bids, saying that ministrator for systems of taxation and so- frequently do not relate, to criminal prose­ they didn't constitute "fair market value." cia! welfare, nor for the protection of the cutions. The Interior Department rejected one bid environment and the sources of energy. But Shortly after I took office, I appointed for lack of proper bidder qualification. That the Department over time has been con- a committee in the Department of Justice was a $9,000 bid for Tract 21 by the Califor­ cerned in greater or lesser degree in some to study the practices of the Federal Bureau nia Citizens for Political Action, a group that way-and sometimes deeply-with all these of Investigation and to develop a compre­ made the token bid as a protest against what activities. Indeed I am sure that one or more hensive set of guidelines to govern its fu­ it called a "giveaway" to the oil companies. of my colleagues in the Cabinet may be ture conduct. The committee of six attar­ The other high bids were rejected because pleased and surprised at this statement of neys, including one from the Bureau has Interior believed the prices were too low. partial renunciation. The Department has to been meeting several times a week over The tracts, the high bidder and the price be a special advocate, not only in defend- the last five months. The mandate of the bid were: ing governmental decisions at law, but in Committee is broad: to reconsider the whole Tract 70, Standard Oil Co. of California­ the attempt to infuse into them the quali- range of Bureau investigative practices from Union Oil Co. of California $600,076. ties and values which are of the utmost im- the use of urganized crime informants to Tract 71, Standard Oil Co. of California- portance to our constitutional system. Thus the use of warrantless electronic surveil­ Union Oil Co. of California $2,217,000. there must be a special concern for fair, or- lance to collect foreign intelligence informa­ Tract 74, Exxon Corp., $353,800. derly, efficient procedures, for the balance tion. The Committee has written detailed Tract 80, Exxon Corp., $253,800. of constitutional rights, and for questions proposed guidelines in four areas: investi­ Tract 116, Amoco Production Co., a unit of federalism and the proper regard for the gations requested by the White House, of Standard Oil Co. of Indiana, $1,521,125. separation of powers. It is sometimes said investigations for Congressional and judi­ Tract 126, Challenger Oil & Gas Co., $3,050,- that, so far as the Department is concerned, cial staff appointments, unsolicited mail, and 165. courts alone have this duty. I do not agree. investigations to obtain domestic intel- Tract 246, group led by Mobil Oil Corp., The work of the Department inevitably ligence. The Committee is proceeding to draft $1,019,000. frequently involves most directly the safety guidelines for additional areas ;Such as Tract 252, Standard Oil Co. of California­ and well being of the community and the organized crime intelligence, criminal Skelley Oil Co., $1,003,161. protection of individual rights. This fact investigations, the federal security employee Tract 255, Exxon Corp., $1,015,000. elevates the review which the Department program, counterintelligence and foreign Tract 260, Standard Oil Co. of California, must make of its performance and priorities intelligence investigations, and background $1,600,012. to more than an exercise in efficiency, al- investigations for federal judici.al appoint­ Tract 267, group led by Mobil Oil Corp., though that is important. The Department's ments. $7,111,000. work is likely to be at that central po~t . Each of the guidelines has special prob­ Tract 273, group led by Mobil Oil Corp., where conflicting values meet. One tradi- lems and requires particular solutions. For $1,029,000. tional way for the law to meet such prob- example, some of the alleged instances of Tract 274, Standard Oil Co. of California, lems is to fashion a realm of ambiguity. Par- Inisuse of the FBI over previous periods have 413,280. ticularly where the government is involved, involved directions from the White House, with its inherent coercive power, these often from low ranking officials, given orally, cloudy areas invite suspicion and Inistrust. and couched in terins of law enforcement or THE JUSTICE DEPARTMENT: SOME Where the values are in confllct, the law is national security. They involved such mat­ THROUGHTS ON ITS PAST, PRES­ not as clear as it should be, and the matter ters as surveillance at a political convention, is of great importance to the safety of our investigation of a newsman unsympathetic ENT AND FUTURE country, the burden upon the Department to the Administration cause, or the collec­ is heavy. tion of information on political opponents. I do not suggest ambiguities can be com- The proposed guidelines require that the re­ HON. WILLIAM L. HUNGATE pletely avoided. I know they cannot be. And quest be made or confirmed in writing, spec­ OF MISSOURI the case by case approach of our law which 1fies those who may make requests, requires IN THE HOUSE OF REPRESENTATIVES thrives on ambiguity-to say nothing of the the official initiating the investigation be lack of clarity in legislation-is part of the identified, the purpose of the investigation Monday, January 19, 1976 genius of government and no doubt is neces- stated among certain routine areas, and Mr. HUNGATE. Mr. Speaker, Attorney sary. But a prime and useful function of the where a field investigation is initiated, an at­ law as it operates is to help explain the con- testation that the subject has given consent. General Edward H. Levi ha.s written filet in values and often to bring to issue During Congressional hearings, a great deal about the Department of Justice in the the problems which are involved. This is not of concern was voiced about the FBI's reten­ December 1975 issue of the Dlinois Bar always possible; discussion may be difficult. tion in its files of unsolicited derogatory in­ Journal. The article is entitled, "The The central position and power of the De- formation about individuals-including Justice Department: Some Thoughts on partment are such that it ought to attempt Congressmen and Senators. The Bureau doe.;; Its Past, Present and Future," and 1s to be articulate about these conflicts in receive a great deal of information which is adapted from a speech given by Mr. Levi values. The role is one of law revision, reso- unsolicited by the Bureau and does not bear at the American Bar Association meet­ lution, or acceptance of dichotomies which upon matters within its jurisdiction. It is in a democratic society ought to be set forth. the repository of many complaints-some of ing in Montreal last August. There are other areas where change through which concern personal habits or incidents. The Attorney General is a learned and legislation is much needed, but because emo- As I commented at the hearings, there are distinguished scholar, and the article tions are high on both sides, no proposal policy considerations which argue in favor should prove of interest. I am, therefore, is easy to advance. Again I think it is the of retention of unsolicited allegations. A inserting it into the RECORD so that it duty of the Department, where the admin- vitriolic accusation concerning a Congress­ \\ill be readily available to my colleagues: istration of justice is concerned, to en- man can become of substantial importance courage the discussion and to make sugges- if there is a subsequent attempt at anony­ THE JUSTICE DEPARTMENT: SOME THOUGHTS tions. I do not regard these views as surpris- mous extortion or other threats. There are ON ITS PAST, PRESENT, AND FUTURE ing. They are not always easy to follow. other examples not difficult to imagine in (By Attorney General Edward H. Levi) The Federal Bureau of Investigation is which the allegation, as pa1·t of a developing The role of the FBI, electronic surveillance, established by statute in the Department of later picture, becomes significant. Moreover civil rights, the control of crime-all these Justice. The basic jurisdiction for the Bu- the destruction of material which later and many other important national prob­ reau's investigative work in the detection might be thought to have been an alert to lems are coming under the scrutiny of the of crime derives from general legislation all kinds of serious probleins can be seri­ Attorney General and his staff. A vigorous which gives the Attorney General the pow- ously criticized. Nevertheless, I expressed "the approach toward increased integrity is the er to appoint officials "to detect and prose- hope that a procedure could be devised to objective. cute crime against the United States." Oth- screen materials to be retained. The proposed The Department of Justice is an integral er statutes vest In the Bureau specific re- guidelines would require that unsolicited in­ part of government. The oath of the Presi­ sponsibilities to investigate particular types formation, not alleging serious criminal be­ dent is to defend the Constitution, and the of violations. The sa.me general legislation havior that ought to be investigated by the Constitution requires that he take care that which criminal investigative authority also FBI or reported to other law enforcement the laws are faithfully executed. Because of allows the Attorney General to appoint of- agencies, be destroyed-within ninety days t:he nature of the rule of law, the Department ficials "to conduct such other investigations of receipt. Other guidelines confront di.rectly has a pervasive and particular role. If one regarding official matters under the control the question of the length of time other looks at Article One, Section Eight of the of the Department of Justice and the De- kinds of investigative materials should be Constitution, a lawyer, at least, will immedi­ partment of Sta·te as may be directed by retained. ately recognize the point. The Department the Attorney General." This provision and Perhaps the most important guidelines the does not negotiate issues of conflict or trade the authority of the President, exercised Department of Justice Committee has yet with foreign nations, manage the national through executive orders, presidential state- drafted involves domestic intelligence in­ debt or coin money. It does not supervise ments or directives, have been the founda- quirles. For decades the FBI has been con- January 19, 1976 EXTENSIONS OF REMARKS 255 ducting investigations of groups suspected been adopted, although they frequently re­ I need hardly remind you that since 1928 by it or other government agencies of being flect current practice. Whatever the outcome, the law in this area, not unlike others, has involved in subversive activities. Unlike con­ they do represent a necessary effort which changed. In Olm8tead in 1928 it was con­ ventional criminal investigations, these in­ undoubtedly, but for other concerns, would cluded that wiretapping did not violate the vestigations have no built-in necessary, auto­ have been undertaken years ago. Fourth and Fifth Amendments. This caused a matic conclusion. They continue as long as The Department of Justice has had for flurry 1n the Department because it raised a there is a perceived threat. They are notre­ many years, and now has, special responsi­ question concerning the inconsistent atti­ viewed outside the FBI. They come close to bilities for warrantless electronic surveillance. tude within the Department between the First Amendment rights. Title lli of the Omnibus Crime Control and Bureau of Prohibition and the Bureau of The proposed guidelines would limit do­ Safe Streets Act of 1968 sets up a detailed Investigation. The practices of the Bureau mestic intelligence activities to the pursuit procedure for the interception of wire or of Prohibition were much more lax. Olmstead of information about activities that may in­ oral communications. It requires the issuance was followed by the passage of Section 605 of volve the use of force or violence in viola­ of a Judicial warrant, prescribes the infor­ the Federal Communications Act, and by the tion of federal law in specified ways. Full mation to be set forth in the petition to subsequent 1937 ruling of the Supreme Court scale investigations would be reported im­ the judge so that, among other things, he in Nardone that evidence so obtained was mediately to the Attorney General under the may find probable cause that a crime has not admissible in criminal prosecutions in a proposed guidelines. He would be required been or is about to be committed. It requires federal court. Attorney General Biddle in to review them periodically and to close an notification to the parties subject to the sur­ 1941, summarlzlng what he had sa.ld at a investigation any time he determined that veillance within a period after it has taken press conference, wrote to Director Hoover the justification for such an investigation place. So far as the federal government 1s that the Attorney General would continue to does not meet certain enumerated standards. concerned, the statute provides that the ap­ construe the Communications Act not to pro­ The proposed guidelines would limit the plication to the federal judge must be au­ hibit the interception of the communications techniques the Bureau could use in domestic thorized by the Attorney General or an As­ by an agent and his reporting of their con­ intelligence investigations. Informants, for sistant Attorney General especially designated tents to hfs superior office. He said that while example, could not be used to originate the by him. This is hardly the procedure one this could be said of all crimes, as a matter idea of committing a crime or to induce would design for the continuing detection of pollcy wiretapping would be used spar­ others to carry out such ideas. Electronic of the activities of foreign powers or their ingly and under express authorization of the surveillance could not be used in limited in­ agents. The Act, however, contains a saving Attorney General. vestigations and, when employed in full in­ clause to the effect that it does not llmlt the The shape of the present law today is set vestigations, would have to be consistent constitutional power of the President to take by title m and its saving clause; by the with Title m of the Omnibus Crime Control such measures as he deems necessary to pro­ declslon of the United States Supreme Court and Safe Streets Act of 1968 and subject to tect the nation agatnst actual or potential at­ in the Ke£th case in 1972, and by subsequent specified minimization procedures. ta,ck or other hostile acts of a foreign power, decisions in three of the United States Courts The proposed guidelines deal with the diffi­ to obtain foreign intelligence information of Appeals. In the Ke-ith case, the Court held cult subject of the Bureau's involvement in deemed essential to the security of the United that in the field of internal security, lf there preventive action. The Bureau and the De­ States, or to protect national security infor­ was no foreign involvement, a judicial war­ partment have made public the fact that be­ mation against foreign intelligence activities. rant was required by the Fourth Amendment. fore 1972, and for a number of prior years, Apparently on the assumption that the Presi­ The Department in its subsequent practice the Bureau engaged in special programs di­ dent would use such a power, the act then has, of course, conformed to that decision. rected at domestic groups; for example, it goes on to specify the conditions under which Justice Powell speaking for the Court em­ improperly disseminated information from information obtained through presidentially phasized "this case involves only the do­ its files to discredit individuals, or arranged authorized interceptions may be received into mestic aspects of national security. We have for the sending of anonymous letters, or the evidence. In speaking of this saving clause, not addressed and have expressed no opinion publication of material intended to create Mr. Justice Powell in the Keith case wrote: as to the issues which may be involved with opposition. I have described such activities as "Congress simply left presidential powers respect to activities of foreign powers or foolish and sometimes outrageous. They were where it found them." their agents." This was followed by a foot­ done in the name of diminishing violence. At least since 1940, and possibly before, note giving a reference which buttresses the The proposed guidelines accept the proposi­ Attorneys General under presidential direc­ view that warrantless surveillance may be tion that in limited circumstances carefully tives, have authorized warrantless electronic constitutional where foreign powers are in­ controlled FBI activity which directly inter­ surveillance. As is well known, President volved. Along With two cases, the American cedes to prevent violence is appropriate. Tra­ Franklin Roosevelt issued such a directive Bar Association Project on Standards for ditionally officers of the law are empowered to Robert Jackson in May 1940. The directive Criminal Justice is cited. Since Ke£th, two to prevent violence when they see it occur­ spoke of persons suspected of subversive ac­ federal courts of appeals-the Third Circuit ring. Under the proposed guidelines the At­ tivities against the United States. President and the Plfth-have upheld warrantless sur­ torney General would have to determine that Truman concurred in a modified authoriza­ veillances for purposes of foreign intelligence. there is probable cause to believe that vio­ tion to Attorney General Tom C. Clark in The United States Court of Appeals for the lence Is imminent and cannot be prevented 1946 put in terms of cases vitally affecting Dlstrlct of Columbia Circuit on June 23rd by arrest before he could authorize preven­ the domestic security or where human life is last held that a warrant was required for tive action. The preventive action would have in jeopardy. President Johnson issued such a surveillance of the Jewish Defense League. to be itself non-violent and could involve memorandum in June 1965 to Attorney Gen­ That organization was not an agent or col­ only such techniques as using informants eral Katzenbach. The memorandum expressed laborator with a foreign power even though to lead people away from violent plans; open President Johnson's strong opposition to the it was involved in violent harassment of of­ and obvious physical survelllance to deter interception of telephone conversations as a ficials of a foreign government, and this people from committing acts of violence; general investigative technique but recog­ might have had foreign consequences. The restricting access to the instrumentalities or nized that mechanical and electrical devices holding of the Court was carefully limited. planned location of the violence. The Attor­ might have to be used for this purpose in The far-ranging views expressed by Judge ney General would be required to report pe­ protecting national security. Under all these Skelly Wright in the plurality opinion, how­ riodically to Congress on any preventive ac­ direct ives, the approval of the Attorney Gen­ ever, apparently would require some kind of a tion plans he authorized. eral was required for any action taken. judicial warrant for any kind of non-con­ The proposed guidelines are far more de­ There is a history concerning the neces­ sensual electronic survelllance. But Judge tailed than the summary I have given. But sary approval of the Attorney General. Di­ Wright was careful to repeat, "we hold to­ the summary suggests the nature of the ex­ rector Hoover over the years took a strict day only that a warrant must be obtained ercise. Despite the argument that to an in­ view of the use of wiretapping. He thought before a Wiretap is installed on a domestic vestigative agency all information it comes such surveillance should be used only in organizat ion that is neither the agent of nor across may be valuable-may even turn out cases of an extraordinary nature. He once acting in collaboration with a foreign power, to be crucial-the guidelines balance the ar­ wrote that the approval of the Attorney Gen­ even lf the survelllance is installed under gument against the interests of individuals eral was a necessary safeguard to prevent presidential directive in the name of foreign in privacy. Despite arguments that domestic "promiscuous wiretapping." He also wrote intelligence gathering for protection of the intelligence operations are essential to na­ that under the system which he set up in national security." This holding is not incon­ tional security and must proceed unencum­ 1940, he was the only head of a government sistent with what was decided in the Fifth bered by detailed procedures of authentica­ investigating agency "who does not have the Circuit in Brown in 1973, and in the Third tion, the guidelines recognize the effect that authority to authorize a wiretap." He wrote Circuit in Butenko in 1974. unfettered investigations of that kind might that he felt "quite strongly" that "no gov­ While it may not be relevant-although I have on legitimate domestic political activity ernment agency should tap a phone unless it think it ls-I think it can be said that the and propose tight controls. The guidelines is specifically approved in each instance by Supreme Court surely realized, in view of the obviously are not in final form. Some might t he Attorney General." He frequently made importance the government has placed on be most appropriate as statutes or executive t he point that the main purpose of such the need for warrantless electronic surven­ orders. Others could be put into effect by surveUlance was !or the "procurance of in­ lance, that a!ter the holding in the Keith regulation. Before any go into effect there telligence information" in highly sensitive case, the government would proceed with the will be more discussion, both within the areas, and he thought It was better to have procedures it had developed to conduct such Department and outside of it. They have not one official give the authorization or den y it. surveillances n ot prohibited; that is, in the CXXII--17-Part 1 256 EXTENSIONS OF REMARKS January 19, 1976 foreign intelligence area, or, as Justice Pow­ called, I think it could be agreed they are vidual liberty so long as the success does not ell said, "with respect to activities of foreign appropriate when a specific showing is made come at the expense of constitutional rights powers or their agents." I think the same ob­ about a specific institution that it has dis­ guaranteed criminal defendants. The sense servation can be made about the expecta­ criminated against minority groups in the of vindictiveness that intruded upon the tions in this regard which Congress must past, and this form of rellef is necessary. But discourse about crime led to the misappre­ have had after the 1968 Act. It could hardly the reach of affirmative action programs goes hension that prosecuting criminals somehow have been a surprise when, three months much further. Affirmative action would infringes upon rights rather than protect after the Keith case, Attorney General Rich­ choose a parity figure and then impose it them. ardson indicated the continuation of such without regard to a specific showing of dis­ Serious crime rose 18 percent during the surveillances and placed the conditions for crimination. first three months of 1975 compared with the them in the foreign intelligence field in terms The Civil Rights Division has, of course, same period last year. In 1974 serious crime of the "contours of the President's power as not solved the riddle of so-called "reverse was up 17 percent, according to the FBI's suggested by Congress in the 1968law." discrimination." Neither has the Supreme Uniform Crime Statistics. Increases in the Justice Powell in the Keith case did not Court. It had the opportunity in the DeFunis rate of violent street crime have paralleled apply the 1968 statute. He emphasized, in­ case, but it withheld judgment. Perhaps that the total increase. These sad figures do not deed, that the Court did not hold that the was wise. Perhaps it is not a moment ripe for begin to measure the effect on individual same kind of standards and procedures pre­ the education of a principle. Temporarily­ freedom increasing crime has had. It has af­ scribe by the statute would necessarily be ap­ and I hope briefly-we may be standing at fected not only the immediate victims of plicable in that kind of domestic security a moment at which the internal conflict in violence and theft; it has also embedded case. I believe that was an invitation to the our ideal of equality is seeking an equilib­ fear in the minds of countless Americans, Congress to design something different. If I rium which is not yet obvious--nor even, per­ Freedom of movement, freedom of associa­ read Judge Wright correctly in the expres­ haps, attainable-to us. But the problem is tion, even the freedom to rest secure in one's sion of his wider-ranging views, his belief is not insoluble, even though we might not own house have been impaired. that courts on their own may devise new immediately see how the resolution of com­ Law enforcement is a central part of the kinds of warrants, although the relationship peting interests can be accomplished. It is protection of human rights. The sentiments to Title m would then seem unclear. Mean­ the duty of the legal profession-one we that lead officials to believe it is better to while the Department has continued its ef­ should welcome-to seek accommodations in minimize law enforcement in poor and mi­ forts to perfect the standards and processes difficult situations in such a way as to pro­ nority group neighborhoods of our cities are used, under the authorization of the Presi­ tect fundamental values. at best misguided. A study by the Law En­ dent, when the Attorney General gives or Though its major work is still in the area forcement Assistance Administration of crime denies his consent to a proposed electronic of minority rights, the Civil Rights Division in five large cities showed that blacks were survelllance. Last June the Departmen~ re­ lately has begun to assert the rights of other nearly twice as likely as whites to be the ported the number of such telephone and disadvantaged groups within society. Begin­ victims of robbery or burglary. In four of microphone surveillances for the year 1974. ning more than two years ago with an im­ those cities blacks were also more likely than The number of subjects of telephone surveil­ portant test case that involved the issue of whites to be the victim of violent aggravated lances was 148; the number of microphone a constitutional right to treatment for the assault. Lack of adequate law enforcement, surveillances was 32. On July 9, commenting institutionalized mentally ill, its work has more so even than lack of other government on the Department's practice, I publicly extended into other sorts of institutions services, deprives the poor of their right to stated "there are no outstanding instances of whose purpose require some limitation on live a decent life. warrantless taps or electronic surveillance di­ individual liberty and whose residents are The President has recently delivered a rected against American citizens and none not in a position to assert their rights un­ message on crime which, while it admitted will be authorized by me except in cases aided. The aim is to ensure that every effort the limitations of the federal government's where the target of the surveillance is an is made to minimize those limitations so that ability to solve the problem of crime, offered agent or collaborator of a foreign power." We even the powerless and the infirm might en­ some reforms in the federal criminal justice have very much in mind the necessity to joy some measure of freedom and obtain decent, civilized treatment. The Division has system which might serve as models for states determine what procedures through legisla­ to follow. It set forth a program of gun con­ tion, court action or executive processes will become involved in cases asserting a right trol that offers the possibility of stemming best serve the national interest, including, ot of juvenile offenders to be treated during their incarceration, cases attacking negligent some of the violence that-besets our cities. course, the protection of constitutional It emphasized the plight of the victims of rights. conduct by states in placing children who have become their wards, and cases seeking crimes and thus began a process by which The concern about FBI conduct and war­ the problem of crime can be rescued from rantless electronic surveillance are examples to require state officials to bring nursing homes for the aged up to minimum health the rhetoric that has trapped it for years. of the Department of Justice looking inwMd The Department of Justice, in addition to in its effort to confront important issues of and safety standards. It is well to recall in all these efforts on working to implement the President's pro­ civil liberty. The Civil Rights Division of gram, is attempting to develop a strong re­ the Department exemplifies the outward behalf of the disadvantaged among us, how­ ever, that our most benign efforts sometimes search and policy study capability that can reach of this concern. In the late 1950s and help us direct efforts against crime more ef­ 1960s it faced a situation in which many yield hurtful results. When society turned its gentle eye upon the young some decades fectively. This is being done through a re­ state and local governments enforced laws vitalized National Institute of Justice. that blatantly discriminated. Discriminatory ago, it produced the juvenile justice system treatment in employment and public accom­ which today is in many places a shambles. I have chosen these four areas for discus­ modations was the rule in large areas of the Likewise, the corrections reform movement sion because I believe they give some flavor nation. Changing this situation was a long, of about a century ago insisted upon the of how the Department of Justice is ap­ difficult and painful endeavor. Even in 1968, humane ideal of rehabilitation, and that con­ proaching problems important to it and to sixty-eight percent of all black students in cept has led to indeterminate sentences, the thrust of law in our society. I have eleven southern states went to all-black dubious efforts at behavior modification, and chosen them as examples not only because schools. The "dual school system" was still despair so deep that the whole idea of help­ they are important in themselves but also in effect. By 1972 that figure had declined ing those who are convicted of crime has because they indicate ongoing work by the to a little more than nine percent. been called into question. This is not to cast Department in areas involving the conflict of Today the Civil Rights Division's effort doubt upon the importance of the Civil important social values. Our hope is that against race discrimination is a more subtle Rights Division's efforts, of course, because we can meet problems with candor and some one. Often it is difficult now to show a history they are aimed at righting some of the wrongs depth of understanding, informed by the of de jure segregation, and more importantly, earlier reforms produced. But it is to suggest history of our discipline, conscious of the as the quest for equal opportunity becomes that as lawyers we must know the limits of ideals to be maintained, vigilant for the more successful, some of the demands of the law and the fact that other social insti­ welfare of our society and the protection of minority groups might, if met, involve unfair tutions are sometimes able to do that which human rights; in short, in a way which fits deprivations of others. A difficult balance is law cannot do. the best traditions of our profession. required. It is made more pressing today be­ I come now to the fourth area I wanted cause a great number of private civil rights to discuss with you-the problem of crime. suits is being filed which makes it even more For some years the federal government acted important that basic legal concepts be clari­ as if its abilities in bringing crime under THE CONTINUING HUD MENACE fied. The clarification is impeded in many control were limitless. It created expecta­ respects by semantic breakdown. Words that tions in the public that could not be met. could express the conundrums and conflict­ Public disappointment provoked, not a re­ HON. WILLIAM M. BRODHEAD examination of the basic assumptions of the ing values are taken to indicate a broad op­ OF MICHIGAN position to civil rights. Euphemisms have federal government's efficacy, but rather an been substituted for logic. Thus the meta­ increasing emphasis on toughness, even vin­ IN THE HOUSE OF REPRESENTATIVES physics of the distinctions between quotas, dictiveness against those convicted of crime. Monday, January 19, 1976 which are taken to be bad, and goals, which This obscured a feature of the crime problem are taken to be good. Now whatever these that is important now to reconsider. Every Mr. BRODHEAD. Mr. Speaker, as you devices which seek a sort of numerical parity success in reducing crime--especially street know, I have made a number of state­ among racial and ethnic groups might be crime people fear most-is a victory for indi.. ments concerning the bungling and mis- Janua1·y 19, 1976 EXTENSIONS OF REMARKS 257 management of the Department of Hous­ LEGISLATION TO INCREASE SMALL to recognize that large corporations may ing and Urban Development, especially in BUSINESS PARTICIPATION IN actually slow down or suppress the de­ Detroit. ENERGY RESEARCH AND DEVEL­ velopment of new energy sources, due to Now, I would like to present a state­ OPMENT their investments in our conventional, ment made on Detroit's station WJR by high-priced and high-profit technologies. Dr. Mel Ravitz, director of the Detroit­ HON. RONALD M. MOTTL It is the small businessman who does Wayne County Community Mental oF omo not have an overriding interest in pro­ tecting antiquated investments, and Health Services Board and former presi­ IN THE HOUSE OF REPRESENTATIVES dent of the Detroit City Council. whose prime interest is the rapid and suc­ Dr. Ravitz' statement typifies the deep Monday, January 19, 1976 cessful development of new technologies. concern with which the HUD mess is Mr. MOTTL. Mr. Speaker, Mr. BROWN There are numerous examples of new viewed by Detroit community leaders: of California, Mr. CLEVELAND, Mr. firms introducing innovations that es­ THE CONTINUING HUD MENACE DOWNEY, Mr. DRINAN, Mr. HARRINGTON, tablished firms failed to develop or ac­ Not too many years ago some of us were Mr. JENRETTE, Mrs. SCHROEDER, and Mr. tually suppressed. advocating creation of a new federal cabinet STARK have joined me in introducing the Should not we also ask, before giving post that would address the problems of Energy Research and Development Free out any Federal funds, whether a corpo­ cities. Our hope then was that such a cabinet Enterprise Act of 1976. This proposal will ration could not do the project with their level department would focus public atten­ increase the participation of small busi­ own funds? Does General Electric really tion on these urban problems and help re­ nesses and individual inventors in our need $800,000 of the taxpayer's money to solve them. do a market survey? Does I.T. & T. really Little did we realize then that the Depart­ energy research and development pro­ ment of Housing and Urban Development grams, which will stimulate both inno­ need $17,000 to evaluate solar collector (HUD) would one day be viewed not as the vation and competition in the energy materials? friend of America's cities but as their mortal industries. In conclusion, we are introducing leg­ enemy. Since the Second World War, the Fed­ islation which is directed toward these we in Detroit especially have reason to be eral Government has spent over one­ questions. It will increase and encourage incensed by HUD's actions and tnaot.ions. the participation of small businesses and Not only has this federal agency and its quarter trillion dollars on research and development efforts. The vast majority individual inventors in Federal energy succession of national and local administra­ R. & D. programs. It will stimulate inno­ tors done more than any other agency to of which has gone to giant corporations. deva tate our city both physically and psy­ Yet, study after study concludes that it vation and competition in our energy in:­ chologically, but the damage 1s continuing. is small businesses, and not large busi­ dustries. It will reverse the trend toward Each new HUD proposal is more harmful than nesses, that are responsible for most of the monopolization of our new energy the last. fields; and, it will improve the distribu­ Now we have a proposal to help prevent the technological Innovations in tbJs century. In a number of fields, such as tion of Federal R. & D. funds. additional foreclosures that sets as its trigger I strongly believe that this legislation point a percentage of foreclosures we 1n solar energy, they are responsible for Detroit are already well past, but which the nearly all of our present technology. is necessary for the health of our free en­ nation as a whole has not yet reached. It However, according to the National terprise system and the welfare of our HUD holds to its arbitrary national per­ Science Foundation, from 1957 to 1972 Nation. I urge my colleagues to join with centage before foreclosure help 1s possible, it over 90 percent of Federal R. & D. funds us in supporting this legislation. will be months before help can be provided to those Detroit homeowners who are now on went to giant corporations. Within the the brink of default. When help can become last 2 years, over 70 percent of all of available, accordlng·to HUD's formula, it w1ll ERDA's contracts with profitmaking cor­ PRESCRIPTION PRICE DISCLOSURE already be too late for hundreds of northwest porations for solar energy research and Detroit residents. development have gone to giant cor­ Nor 1s that the only example of HUD's porations. HON. BENJAMIN S. ROSENTHAL ineptness. HUD recently revived the old Sec­ We can all recognize some of the fac­ OF NEW YORK tion 235 housing subsidy program, which led tors contributing to this. The small bm;i­ to much of the corruption and exploitation IN THE HOUSE OF REPRESENTATIVES in the first place a few years ago, but it has nessman has difficulty gaining access to not removed the basic flaws that assured officials; he is unable to hire professional Monday, January 19, 1976 failure before. Under this revived housing grantsmen; he cannot afford lobbyists; Mr. ROSENTHAL. Mr. Speaker, after acquisition program there is stlll no com­ and he is often ignored by decisionmak­ many years of struggle by consumers, munity-based counseling service to help ers. the battle to achieve retail prescription safeguard prospective home purchasers, nor The Cong~·ess has recognized these is the down payment low enough for many price disclosure appears headed for problems, but has hoped that the execu­ victory. of the poor to qualify. tive branch would deal with them effec­ As we enter 1976 we do so with the HUD In the half-dozen years since I intro­ mess stlll with us. Although councllmen, tively. Time after time, our desire to duced the :first legislation to remove State mayors and U.S. Representatives have all encourage small firm participation in prohibitions on prescription drug price tried to make HUD accountable and to stop Federal programs has been written into advertising, the barriers have been low­ the decay of Detroit's housing supply, none the law, but it has gone largely ignored. ered in several States by the courts and of us has been successful. Thousands of We continue to give the most money to houses have been abandoned, countless the legislatures at the urging of consum­ neighborhoods have been ruined, and more those who produce the least results. ers and competition-minded business are about to be, but HUD rolls merrily along. Are we not also contributing to the persons. Surely someone can find a way soon either erosion of competition in our economy? Last week in Washington the Federal w eliminate HUD altogether or make it an No less of an authority than J. Paul Trade Commission held hearings on its agency that helps citles in their time of Getty notes that-- proposed prescription drug price disclo­ 'trouble rather than contributes to their Competition is the stimulus, the very basis sure rules. I was pleased to be able to deterioration. It's ironic but true: had HUD of our free-enterprise system. Without com­ never existed, Detroit's neighborhoods would petition, business would stagnate. testify at those hearings and am insert­ be better off than they are. ing my testimony in the RECORD today. If we can do only things in 1976 to help By continuing to ignore the potential Action is also taking place on three · our city and its people, it should be to get of small businesses, by continuing to ex­ other fronts. The Justice Department has HUD to clear away the blighted housing its clude them from Federal research and filed antitrust suits against the Ameri­ policies have produced, and to help prevent development programs, and by continu­ can Pharmaceutical Association and the imminent foreclosures on countless other houses. Unless this 1s done, we will approach ing to give over 90 percent of our funding Michigan State Pharmaceutical Associa­ the next new year still bemoaning the HUD to giant corporations; are we not inad­ tion to force cancellation of the clause mes but with much more of our city de- vertently contributing to the stagnation in their code of ethics prohibiting pre­ troyed. For Detroiters at least, one test of of our free enterprise system? scription drug price advertising. t he next President of the United States wtn In our current energy research and de­ And the U.S. Supreme Court fs ex­ be his ability to control HUD and make tt an velopment program, we continue to pected to rule shortly on a challenge to . accountable, constructive public agency. blindly fund giant corporations. We fail the constitutionality of Virginia's law 258 EXTENSIONS OF REMARKS January 19, 1976 against advertising of prescription drug Retailers tend to disclaim any responsibil­ the prices directly related to the proximity ity for drug prices, contending that their of the competition. There are very few, if prices. prices represent only a reasonable markup any, checks on such unethical, if not illegal, The Food and Drug Administration has over the wholesale cost. The reasonableness of practices. established useful rules governing the the markup is debatable, especially since Prices also tend to be higher in low-in­ price advertising and posting to assure retail prices for identical drugs vary dra­ come neighborhoods: Pharmacists claim there consumers of getting adequate informa­ xna.tically among like stores in the same are valid reasons for this situation: business tion for making comparisons. neighborhood. These price variations relate costs frequently are greater, there's the Unfortunately, Mr. Speaker, the only to differences among the pharmacies in pur­ paperwork of third-party prescriptions like place where there has been no action iS chasing ability, the cost of trademarked Medicaid, insurance is more difficult to get drugs versus generic equivalents, overhead, and it is often a problem to hire people for right here in the Congress. Although my services and efficiency or operation. t hese areas. Large losses due to shoplifting, legislation was originally introduced in Small independent druggists fear compet ­ robberies and burglaries have forced some the 91st Congress and today, as H.R. 996, ing with mass merchandisers, a competition pharmacists to stop selling prescriptions in the Prescription Drug Price Informa­ which they feel would develop if price in­ high crime areas. tion Act is cosponsored by more than 1 formation were readily available to consum­ But the poor often pay more for another out of every 10 Members of the House, ers. However, the small proprietor usually reason: most low-income people do not en­ it has continued to gather dust in com­ has two strong advantages over his larg~r joy the mobility of the more affiuent con­ counterparts-convenience and more per­ sumer who has a car and can shop around for mittee. Ironically, this legislation and the sonalized service. He is more likely to be the best price. Consequently, the poor have movement behind it have had a greater located near the doctor's office or in a res­ become a captive audience for the dwindling impact outside the Congress than inside, idential neighborhood. Many consumers number of frequently smaller merchants in leaving the Congress in an embarrassing would undoubtedly be willing to pay for the the neighborhoods. The lack of competition position of once again lagging behind. convenience and personalized service at the in these areas sends prices upward for all Testimony follows: neighborhood pharmacy, but they should do commodities, not only medicine. TESTIMONY OF CONGRESSMAN BENJAMIN so knowing the drug prices probably are The opportunity to make an informed ROSENTHAL higher. choice in the purchase of products which <.~.re The pharmacists and drug store operators as necessary to the health of an individual I appreciate the opportunity to testify to­ who fight so vigorously against retail pre­ as prescription drugs is a basic right. How­ day on the Commission's proposed Prescrip­ cription drug advertising frequently are the ever, monopolistic drug patent laws, captive tion Drug Price Disclosure Rules. I com­ victims themselves of overpricing by the pharmacy boards, pressure from pharmaceu­ mend the Commission and its staff for their manufacturers. tical manufacturers and the groundless fears work to end needless and costly restrictions There are numerous channels through of pharmacists over prescription drug price on prescription drug advertising. which the influence of pharmaceutical competition have effectively thwarted the These proposed regulations are particu­ manufacturers is exercised and results in consumer's freedom of choice. The culmina­ larly pleasing because they are something higher prices to the pharmacies and to the tion of this closed economic system is the that I have been advocating for at least a public. One wisely used method is advertis­ statutes and regulations in a majority of the half dozen years. It has been that long since ing in pharmacy journals and periodicals states, which presently prohibit price adver­ I introduced the first legislation to end all and other literature. Advertisements in medi­ prohibitions on retail prescription drug ad­ tising. cal journals represent a significant method Pharmacists oppose drug price advertising, vertising. Currently, nearly 50 Members of of influencing the doctor's prescribing habits. Congress are sponsoring H.R. 996, the Pre­ claiming they are performing a professional A second channel of influence is through service not appropriate for price advertising scription Drug Price Information Act, which the Physicians' Desk Reference (PDR), the would eliminate the advertising bans and and, further, that price advertising can lead primary source of information about avail­ to drug abuse. mandate posting of prices for the 100 mos·t able drugs for most doctors. The PDR is a commonly prescribed drugs. Both arguments are groundless. Phar­ catalogue of prescription drugs which illus­ macists today compound less than 5 % of I have introduced three other related bills: trates them and explains their usage. It is 1. The Prescription Drug Labeling Act, H.R. the prescriptions they fill and possibly fewer composed of advertising by the major drug than 2 % . Nearly all prescription drugs to­ 998, would order labeling and advertising of manufacturers and distributed without prescription drugs by their established day are manufactured in correct dosage charge to most doctors and hospitals. Con­ forms and many are even prepackaged ac­ (generic) name and end all laws prohibiting trary to its implied universality, PDR is in­ generic substitution by pharmacists: cording to the most commonly prescribed complete because it mentions only a few gen­ quantity. Moreover, the physician and not 2. The Prescription Drug Freshness Act, eric names for widely consumed basic drugs. II.R. 1001, would require open dating of all the pharmacist has the responsibility for Furthermore, the widespread use of this determining the medicine to be prescribed perishable prescription durgs, showing clear­ volume serves to conceal from practicing doc­ ly on the drug's label the date beyond which tors the existence of numerous other manu­ and advising the patient on the use of it. the potency is diminished or the chemical facturers who can supply the same drugs at Furthermore, it taxes the boundaries of ra­ composition altered by age, and lower cost. The higher price of these drugs tionality to imply that informing consumers 3. The Prescription Drug Patent Licensing is, therefore, passed onto the patient, who is of prescription prices as opposed to thera­ Act, H.R. 1003, would mandate compulsory caught unaware in this web of economic peut ic efficacy could lead them down the licensing of new prescription drugs during profit. path of drug abuse. These are products the 17-year patent monopoly period. Also helping to keep retail prescription whose access content and use are tightly These bills are among the recommenda­ prices high is the lack of concern shown by controlled. This "interest" by pharmacy in tions of an 18-month study conducted by my physicians for the price their patients will the public welfare is little more than a fa­ staff in New York and in Washington, and have to pay for the medicine prescribed. It's cade for concealing the real motive-a de­ contained in a report issued nearly three time doctors began demonstrating concern sire to avoid price competition in the sale years ago, on March 15, 1973, titled "RX: for their patients' economic health. One effec­ of highly lucrative and often overpriced Retail Drug Price Competition." tive way of accomplishing this would be to prescription drugs. It also exposes the hy­ American consumers are forced to pay $1 print unit and dosage prices in the PDR and pocrisy of pharmacists who have been to $2 billion annually in unnecessary pre­ in other literature made available to physi­ strangely silent about the expensive adver­ scription costs because of prohibitions on cians by manufacturers and professional tising and promotion--often inaccurate retail drug price advertising as well as over­ medical organizations. Such a practice is or even deceptive-for over-the-counter protective patent laws, exorbitant promo­ followed in nearly every European country. remedies. tional expenditures by industry, unreason­ Studies by my office, by consumer groups The Commission must beware of permit­ able markups and a widespread lack of around the country and by the news media ting the industry at all levels to convert effective competition. have shown that prices vary not only from public concern for illicit drug traffic into a Americans last year spent some $8.4 bil­ store to store but can even vary from cus­ restrictive economic profits game. lion on prescription drugs-about $40 for tomer to customer at the same store. Simply The consumer is at a distinct economic each man, woman and child. These regula­ because prices are not posted or advertised, disadvantage in the retail prescription drug t ions could help them cut that bill by sev­ the clerk or pharmacist can arbitrarily change market as a result of strong and effective eral dollars per person. the price based upon the customer's age, ant i-competitive industry practices. Shopping for prescription drugs is un­ sex, race or appearance. I received a letter Meaningful price competition which is like shopping for any other consumer prod­ from a constituent, a law student, who told available t hroughout our market system on uct. The consumer has been conditioned to me he worked in a small, independently almost all products and services is seen as avoid comparing prices and not to ask the owned drug store where prescription pricing an anathema by those associated with drug cost of the drugs ordered. There is usually a is made on the spot, according to the ap­ retailing--even though competition exists sense of urgency involved in having a pre­ pearance of customers, h~w often they visit t here at the wholesale level. All kinds of sc;:ription filled. Patients concerned about the store, their knowledge of prices and drugs reasons are given-professional ethics pre­ their health rarely condition a purchase of. a and how business has gone that day. vention of drug abuse difficulty in consumer prescription on its cost, nor do they usually It is also common knowledge that pJ;escrip­ underst ndj.ng, comple~ity of factors in­ have the time or transportation to shop t ion prices at some stores are negotiable. In volved-but . none stands up under close comparatively. · addit ion, some chains use zone pricing, with scrutiny. The fact is that those druggists Janua~ry 19, 1976 EXTENSIONS OF REMARKS 259 who control the profession-the independ· The transforming reality of God's reign 1s In a four-page, 1,500-word document call­ ents-believe they would have great dUll· found today: ed the "Boston Affirmations," the group de· culty competing with the chains and dis­ In the struggles of the poo1· to gain a share cried what it called a widespread "retreat counters 1f consumers could compare prices of the world's wealth, to become creative from these struggles" by the church and sug· of prescription drugs as easily as they do participants in the common economic llfe. gested that spiritual renewal could be found OTC drugs, groceries, clothing and nearly all a.nd to move our world toward an economic in suffering on behalf of the poor and other consumer products. democracy of equity and accountablllty. oppressed. Unfortunately, the removal of prohibi­ In the transforming drive for ethnic dig· This declaration enlivens an ongoing theo­ tions on retail prescription price advertis­ nity against the persistent racism of human logical dispute between those who are com­ ing alone wUl not be sufficient to foster open hearts and social institutions. mitted to a basically action-oriented per­ price competition in the pharmacy market­ In the endeavor by women to overcome spective and those who argue for a stronger place. Experience has shown that where re­ sexist subordination in the church's minis­ spiritual view of the faith. In part, the con­ strictions were removed, advert ising did not try, in society at large, and in the images that troversy has arisen from the activism among necessarily follow. This is believed to be bind our minds and bodies. churches in the 1960's and the subsequent largely due to pressures from the pharmacy In the attempts within families to over­ turn toward conservative theology among establishment, using pharmacist/ employees come prideful domination and degrading many Christians. to influence their employers. Academic phar• passivity and to establish genuine covenants Among those who helped produce the cists are careful to indoctrinate their young of mutuality and joyous fidelity. statement over the last year were Prof. Har­ students against retail price advertising (but In the efforts by many groups to develop vey Cox, the Harvard theologian; Max Stack­ they are strangely silent when it comes to for modern humanity a love for its cities as house of Andover Newton Theological School, wholesale advertising, including some so centers of civility, culture, and human inter· a social ethicist, and Norman Faramelli, co­ blatant as to show manufacturer's product dependence. director of the Boston Industrial Mission, in a window of a cash register.) Therefore, In the demands of the sick and the elderly under whose auspices the statement evolved. I believe it will be necessary to make price for inexpensive, accessible health care ad­ The group consists of six Episcopalians, posting mandatory. Posting has the addi­ ministered with concern, advised consent four Presbyterians, three Roman Catholics, tional value of informing the consumer of and sensitivity. three members of the United Church of In the voices of citizens and political lead­ Christ, two Baptists, two Lutherans and a the price when he walks in the drugstore. ers who demand honesty and openness, who The disadvantage of posting, however, is that Methodist. Five of the signers are women. challenge the misplaced trust of the nation Their deliberations began following a state­ the customer cannot do his comparative in might, and who resist the temptations to shopping in his own home, as he can when ment produced in January 1975 by another make a nation and its institutions objects of group in Hartford, Conn. The Hartford "ap­ advertising is permitted. Taken together, religious loyalty. though, advertising and posting compliment peal" urged Christians to reject "false and In the research of science when it warns debilitating" secular ideas that had alleged­ each other very well and would be of im­ of dangers to humanity and quests for those mense value to the consumer ly crept into the church. forms of technology which can sustain The Boston response, issued on the eve of Therefore, I urge the Coriunission to in­ human well-being and preserve ecological clude in its final rules mandat ory price post­ the Epiphany, the traditional celebration of t·esources. Christ as the light of the world, challenged ing at the point of purchase. In the humanities and social sciences when This 1s a necessary step if we are t-o shift the implicit assumption at Hartford that so­ the depths of human meanings are opened cial action should be subordinated to more the focus of the entire drug consortium from to inquiry and are allowed to open our hori­ wealth to health-and to protect the con­ "spiritual" concerns. zons, especially whenever there 1s protest Among other things, the Boston document sumer's economic well-being in t he drug against the subordination of religion to sci­ marketplace. rejected the idea that God could be placed entific rationality or against the removal of "in a transcendent realm divorced froll\)ife" religion from realms of rational discourse. and said that "those who authentically r~­ In the arts where beauty and meaning are resent God" would assert God's presence "itt explored, lifted up and represented in ways the midst of political and economic life." SOCIAL ACTION AS A KEY ELEMENT that call us to deeper sensibilities. "Our main concern," Professor Cox said OF RELIGIOUS FAITH In the halls of justice when righteousness in an interview, "was to anchor social con­ i<;; touched with mercy, when the prisoner and cern in the Biblical message and in the cen­ the wrongdoer are treated with dignity and tral tradition of the church." HON. JONATHAN B. BINGHAM fairness. And especially in those branches and di­ Taken together, the Hartford and Boston OF NEW YORK visions of the church where the truth is statements represent the classic lines of de­ IN THE HOUSE OF REPRESENT TIVES spoken in love, where transforming social bate between pietists, who focus on doctrine and personal salvation, and social activists, Monday, January 19, 1976 commitments are nurtured and persons are brought to informed conviction, where piety who understand faith as developing out of Mr. BINGHAM. Mr. Speaker, early this 1s renewed and recast in concert with the engaging in struggles for justice. month a group of religious leaders issued heritage, and where such struggles as those These emphases often overlap, of course, a statement on the importance of social here identified are seen as the action of the as when the Hartford appeal, oriented toward action as a central element in religious living God who alone is worshipped. transcendent themes, also notes the need to On these grounds, we cannot stand with "denounce oppressors" and when the Bos­ faith. The excerpt printed below appear­ those secular cynics and religious spiritu­ ton document makes personal faith the basis ed in the New York Times for Tuesday, alizers who see in such witnesses no theol­ for social action. January 6. I include it here because it ogy, no eschatological urgency, and no Godly But the main thrust of each document was made a profound impression on me as an promise or judgment. In such spiritual blind­ to underscore what was believed to be l6ck­ inspirational statement of significance ness, secular or religious, the world as God's ing in the other position. The current ex­ to us as we embark on the 2d term of creation is abandoned, sin rules, liberation change has already engendered the liveliest the 94th Congress. While the statement is frustrated, covenant is broken, prophecy theological controversy in recent years and was prepared by a group of 21 Christians, is stilled, wisdom is betrayed, suffering love is expected to heat up further now that the including Protestants of various denom­ is transformed into triviality, and the church Boston text has been released. is transmuted into a club for self· or Mr. Faramelll said the Boston group was inations and 3 Roman Catholics, it transcendental awareness. The struggle is indebted to the Hartford group for empha· seems to me to be consistent with other now joined for the future of faith and the sizing that "there is a spiritual dimension faiths as well, including especially the common life. We call all who believe in the that goes beyond this world." tea.chings of Judaism. living God to affirm, to sust ain and to extend "But I'm afraid," he continued, "that theil• The text of the excerpt is as follows: these witnesses. desire to talk about piety and transcendence E XCERPTS FROM THEOLOGICAL STATE MENT ON divorces them from human experience and NEED FOR SOCIAL ACTION There follows the New York Times historical phenomena." (Following are excerpts from a theological article describing the circumstances un­ The Boston statement, the outcome of a statement released yesterday by 21 theolo­ dozen revisions by Mr. Stackhouse, draws der which the statement was prepared heavily from the concepts and language of gians, teachers and laymen and women in the and identifying its authors: Boston area: ) "liberation" theology. The question today is whether the heritage THEOLOGIANS PLEAD FOR SOCIAL ACTIVISM It rests on the conviction that there is of this [Christian] past can be sustained, (By Kenneth A. Briggs) often a false separation between thought and preserved and extended into t he future. So­ An ecumenical group of 21 Boston area action, faith and works, doctrine and service. ciety as presently structured, piety as pres­ theologians, teachers and laymen released STRESS ON XNVOLVEMENT ently practiced, and the churches as pres­ yesterday a sweeping theological statement It further implies that salvation is not ently preoccupied evoked profound doubts that attacks what the group sees as escapist simply a personal matter between the indi· about the prospects. Yet, we are surrounded tendencies in recent religious thought and vidual and God but requires compassionate by a cloud of witnesses who prophetically calls on Christians to recognize Gcd's a.ctiv& involvement in the struggle for such things exemplify or discern the activity of God. concerns for the world. as alleviation of poverty, the equality Qf 260 EXTENSIONS OF REMARKS January 19, 1976 women and medical care for the sick and Preston Williams, Presbyterian, social On the first morning of my visit I men­ elderly. ethicist and former acting dean, Harvard tioned this phenomenon to an exquisitely "We cannot," the statement says, ••stand Divinity SChool. colffed saleslady ln Baltes Department Store, with those secular cynics and religious Max Stackhouse, United Church of Christ, which makes Bonwit Teller look like a bar­ spiritualizers who see in such witnesses no professor of social ethics, Andover Newton gain basement. "Well, what do you expect?" theology, no eschatological urgency and no Theological SChool. she said, fingering her pearls. "They're all Godly promise or judgment. Scot Paradise, Episcopalian, co-director, such provincials east of the Hudson." She "In such spiritual bUndness. secular or Boston Industrial Mission. did admit, however, that Clevelanders them­ religious, the world as God's creation is George Rupp, Presbyterian, professor of selves have traditionally written off their city abandoned and the church is transmuted theology, Harvard Divinity SChool. as Nowheresville, U.S.A. into a club for self- or transcendental aware­ Liz Dodson Gray, Episcopalian, member of Perhaps it used to be. But Ada. Louise Hux­ ness." adult education department, Massachusetts table noted as long as two years ago that Most of the signers have been long active Institute of Technology. "there are signs, watched with as much care in ecumenlsm and social action and many Ignacio Casteura., Methodist, student, Har­ as the first spring robin, that downtown had known each other through this work. vard Divinity School, faculty, Evangelical Cleveland may be coming back to life." Now, Collectively, they represent a liberal outlook Seminary in Mexico City next academic year. nouveau pauvre New Yorkers who can no that has fallen into some disfavor in the John Snow, Episcopalian, professor of pas­ longer afford to fly to Europe for a. weekend recent reaction against the social involve­ toral studies, Episcopal Theological SChool. will find that Cleveland is a Somewheres­ ment of church people in the 1960's. Mary Hennessey, Catholic, coordinator, ville worth investigating. My own long week­ The Hartford conclave was convened by Boston Theological Institute. end there, which was packed full of shopping, two Lutherans, the Rev. Richard. Neuhaus, a Constance Pa.rvey, Lutheran, associate pas­ nightclubs, food and three-star accommoda­ Brooklyn pastor and editor of Worldview tor, University Lutheran Church in Cam­ tion, cost less than $250, airfare included. magazine, and Peter Berger, a sociologist. bridge. "Ah yes, but culture, that's what one The participants were drawn mainly from Joseph Williamson, Presbyterian, pastor, misses in the Midwest," I hear somebody cry. conservative and evangelical traditions and Church of the Covenant in Boston. Well, Cleveland happens to have one of the included both Catholics and Protestants. Paul Santmire, Lutheran, chaplain and most beautiful museums of art in the West­ They insist that social involvement is not part-time faculty, Wellesley College. ern Hemisphere, and what is in the opinion a modern extracurricular Christian activity Richard Snyder, Presbyterian, director In­ of many music critics the finest orchestra but is at the heart of the Bible's message. ter-Seminary Training for Ecumenical Mis­ in the world. Its renascent theater industry "There is a widespread notion that such sion. has yet to reach similar heights, but at least concerns are not really theological but a cul­ Moises Mendez, Baptist, graduate student, one local production-Kathleen Kennedy's tural accretion of some modern thinkers and Harvard Divlnlty School. "Conversation with an Irish Rascal"-was religious activists,'' Mr. Stackhouse said in a Eleanor McLaughlin, Episcopalian, profes­ the hit of last year's Edinburgh Festival. The separate statement. "This false impression sor of church history, Andover Newton Theo­ Cleveland Playhouse ("at which,'' Brooks At­ bas, we acknowledge, been compounded by logical SChool. kinson once wrote, "a Gotham theatergoer the failure of some church leaders to state Jerry Handsplcker, United Church of might be pardoned for looking a little en­ the foundations for what they have been Christ, professor of pastoral studies, Andover viously") is the oldest and largest repertory trying to do." Newton Theological SChool. company in America. During my visit to their Under separate headings, the Boston docu­ Euclld Avenue Theater, I sat among a. capac­ ment declares that a trinitarian God under­ tty audience-much of it splendidly gowned lies all life, that humanity ignores this and black-tied-which absorbed, in pin-drop source of life, that God "delivers from op­ CLEVELAND-MIDWEST'S CUL- silence, every word and gesture of David pression and chaos" and that "God is known TURAL AND ENTERTAINMENT Storey's "In Celebration." Would that similar to us in Jesus Christ." CENTER elegance and good manners prevailed in the It also notes the contributions of various showcases of Broadway. church traditions and specified areas such My first impression of Cleveland, through as the arts, the "halls of justice" and social HON. RONALD M. MOTTL an American Airlines window, was a. romantic sciences where God is working to transform blur of spa.wling buildings, lushly splotched the world. OF OHIO IN THE HOUSE OF REPRESENTATIVES with parks, dominated by a. steepled sky­ Mr. Faramelll said the Boston group had scraper that might have been designed by rejected the idea. of attacking the Hartford Monday, January 19, 1976 appeal directly and decided instead to for­ Mad King Ludwig of Bavaria.. Out of the op­ mulate a. positive statement of beliefs. He Mr. MOTI'L. Mr. Speaker. the beauty, posite porthole I could see nothing but the said the final text represented a consensus, charm, and dignity of my home city of shimmering vastness of Lake Erie, stretching though individual members did not necessa­ away to a. sunny horizon. Cleveland is well-described by Edmund I arrived downtown just in time to catch rily think, the document was inclusive Morris in the New York Times on Sun­ enough. the Friday afternoon rush hour. "Will we be Professor Cox, for example, said he would day, January 11, 1976. passing something called Terminal Tower?" have preferred more emphasis on Christ and After a recent visit to Cleveland, Mr. I asked my cabdriver. "Just about to,'' he mention of the Holy Spirit and the Resur­ Morris wrote positively about Cleveland's said, pointing at a. large gray mass looming rection. emergence as a cultural and entertain­ ahead. I stuck my head out of the window Omitted !rom the document were precise ment center of the Midwest. and saw that it was the fa.irytale tower I definitions of the significance of Christ, the He wrote glowingly and accurately of had glimpsed from the airplane-a. little less authority o! the Bible and the nature o! many of the facilities for which Cleve­ romantic in close-up, perhaps, but at 52 salvation. stories the tallest building between New Spokesmen for the group said the goal was land is world-reknown. He visited the York and Chicago. to spell out these themes in the realm o! Terminal Tower, the Arcade. Severence Pushing through a crowded lobby (Termi­ action rather than in formal, theological Hall, the Cleveland Museum of Art, the nal Tower ls the focal point of Cleveland's terms. Emerald Necklace and numerous other 25-cent rapid-transit system), I found an "In working out this statement," Mr., attractions and was impressed with the elevator which whisked me to the 42d floor Stackhouse said, ••we intentionally chose magnetism of these facUlties. and the observation deck that has a 25-mile social metaphors to express the core of bib­ He partook of the delightful delicacies panorama of lake, clty and sky. lical and theological tradition. We did this of our city's abundance of cosmopolitan Cleveland, as I could see by gazing direct­ because the mood of much contemporary ly downward into Public Square, ls radial in piety spectflcally ignores the social impllca­ restaurants. layout. The maln avenues-superior, Euclid, tions of the faith. .. I am pleased that Mr. Morris had the Carnegie and Lorain-fan out from the Tow­ The participants were: opportunity to visit Cleveland and report er, running east and west of Ontario Street, Norman Fa.ramelll, Episcopalian, Boston to the readers of the New York Times which points, appropriately, north to Canada.. Industrial Mission. about our city's new look. I hope many Down on my left the Cuyahoga. River mean­ Harvey Cox, Baptist, professor of theology, more Americans will add Cleveland to dered sparkling through a thicket of bridges Harvard Divlnlty School. their vacation list during the Bicenten- and industrial "Flats." On my far right, and Mary )~dkowsky, Roman Catholic, lay nial Year. - behind, curved a. serene escarpment of for­ chaplain at Harvard. and Radcliffe. [From the New York Times, Jan. 11, 1976} ested heights-the "Emerald Necklace,'' Dave Dodson Gray, Episcopa.lla.n, member where Cleveland's prodigal millionna.ires live. of adult education department, Massachu­ CLEVELAND OFFERS A CULTURAL HIGH (This unbroken chain of green-74 miles setts Institute of Technology. (By Edmund Morris) long, according to my guidebook-forms the Jeanne Gallo, Cathollc Sister of Notre For some reason, the word "Cleveland" largest urban park system in the world.) · Dame, lay educator, part-time worker, Bos­ makes New Yorkers giggle. When I brazenly over everything shon~ the strangely cool, ton Industrial Mission. announced recently that I intended to go pearly light of the Great Lakes, and in the Roben Starbuck, United Church of Christ, there-not for business, mind you, but for west the sun was spreading gold across the social ethicist, Andover Newton Theological sheer pleasure-! was overwhelmed by harsh surface of Lake Erie. School. guffaws. I rather regret that I didn't stay a.t the JanuaTy 19, 1976 EXTENSIONS OF REMARKS 261 Hollenden House, only t wo blocks away from while you dine. I had time to linger over frankfurters and German potat o salad at Terminal Tower on Superior Avenue. It's a my coffee and cognac, since Cleveland's $1.75; nobody mentioned its Muzak. Since new, glossy, boxy sort of hotel, full of ersatz theater curtains do not go up before the I prefer to lunch away from stereo saxo­ Victoriana and electrified candelabra; the civilized hour of 8:30 P.M. phones, I merely had a beer at the Mahog­ rooms are gigantic, quiet and luxurious, and Three hours later I emerged into the mild any Bar, then walked down Bridge Street the location is the best in town. But due to fall night and decided I didn't want to go to to Heck's Cafe. This old and charming es­ a certain shortage of fun ds, I checked into bed yet. A cab driver recommended the Gre­ tablishment offers the most amazing va­ t he nearest Holiday Inn. cian Gardens: "There's a midnight ftoor riety of hamburgers I have even seen, from Superior Avenue was quiet when I ret urned show, and the ouzo is good." the plain Heckberger with let tuce, tomat o t o Public Square half an hour lat er, except It turned out to be a noisy, cheerful sup­ and red onion slices ($1.95) to t he Burger au for a few hand-holding couples from nearby per club (menu in the $4 to $9.50 price Poivre ($2.40) and "El mtimo" ($2.45)­ Cleveland State University. I strolled west range) whose ouzo is indeed beyond re­ about half a steer, ringed with mushrooms, past the nation's second biggest Public Li­ proach. So is its retsina, 1f you happen to studded with trumes and topped, believe it brary toward the ptllar-top silhouett e of share my passion for that coarse pine­ or not, with Monterey Jack cheese. There are General Moses Cleaveland. (The "a" was fiavored wine. The dolmades and the mo'lts• at least 15 varieties of tea. dropped from his name, incideqtally, when saka are authentically Greek, although the It was almost 3 o'clock when I emerged, a local newspaper could not fit it into its belly-dancing is not. Unless you have ear­ map in hand, and set off to explore the masthead.) Presently I came upon an old Powerhouse and the Flats. These two pres­ red building called simply "The Arcade." drums of brass, I would not recommend a table too near the bazuki band. The pro­ ervation and development projects occupy From the outside it looked very squat and the left and right banks of the Cuyahoga dull, but when I stepped inside I felt like an prietor did not start looking at his watch until two, by which time I was doing the River respectively. The former is, as its ant blundering into a kaleidoscope. I found name implies, an old red-brick powerhouse. myself dwarfed by a 19th-century shopping same anyway. After breakfast next morning, I took ad­ Its giant bulk has been sandblasted clean, gallery, five ftoors high, running the whole and is being filled with a potpourri of spe­ distance between Superior and Euclid Ave­ vantage of the quiet Saturday streets and embarked on a bus tour of Greater Cleve­ cialty shops, restaurants and theaters. Al­ nues. Four tiers of ornate balconies rose though it does not open officially until stepwise from a mosaic ftoor to a truss­ land. Curving highways sped me past Lake­ side Stadium-home of the redoubtable March 1976, it has already gen erated much spanned glass ceiling--deep violet now, as architectural excitement. evening settled over the city. Red, white and Browns and Indians-and northeast along the yacht-spiked Shoreway. En route I dis­ Just across the river, on my way to t he blue bunting, commissioned I presume for Flats, I happened upon Settler's Landing, Bicentennial reasons, hung in graceful folds covered that the atmosphere of the Great Lakes is curiously non-marine: waves crash, where General Moses Cleaveland stepped high above the heads of the day's last pe­ ashore on July 22, 1796. This is also the destrians. Brass-banistered staircases spllled gulls cry, the horizon shines and a fresh breeze blows, but there is no salt, no ozone, notorious spot where the Cuyahoga caught from one level to the next. No hint of canned fire several years ago. Today, thanks to fran­ music polluted this marvelous interior. n no sense of the sea. At Gordon Park the bus tic anti-pollution efforts upriver, it runs was filled only with the soft swish of shoes, turned inland and the Emerald Necklace cleaner than it has in 20 years. Waterbirds t he murmur of voices, the whistle of a jan­ lifted it up toward the Heights. On the way, scoop and skim again, dodging riverboats i tor polishing tiles. we passed the famous "Cultural Gardens"- as they go. Two more arcades, Colonial and Euclid, 22 exquisite miniparks representing the I stood he1·e, among grass and flowering admitted me graciously to Prospect Avenue. landscape architecture of Cleveland's im­ weeds, hypnotized by t he extraordinary Here for the first time I encountered the migrants-before stopping at University riverscape. Bridges-at least 20 of them­ "other" Cleveland-a jumble of porno shops, Circle. t hundering radio stores and bars with names soar this way and that, their crazy angles re­ This smoothly lawned 500-acre enclave ftecting the fact that the Cuyahoga (Indian like Cold-Blooded Lounge and Joe's Thing. on the campus of Western Reserve Univer­ White Clevelanders, no doubt, consider this for "crooked") meanders 855 degrees in its sity is a rich concentration of cultural and last two roUes. One drawbridge rears into the pa.rt of town threatening and slummy; com­ .educational institutions. In a ma.tter of pared to Harlem, however, it seemed placidly air like a frightened dinosaur; another mas­ llllinutes, if you take a walk around the sive ramp slants promisingly skyward, then middle-class. There is a reassuring absence of ·circle, you wlll pass the Natural Science t hreat in the air, a kind of Jazzy bonhomie. stops dead, chopped oft' presumably by the Museum, Western Reserve Historical Society, Great Depression. It's a favored locale for As I hesitated in the exit from the arcade, the Frederick L. Crawford Auto-Aviation a splendid dude emerged from the Cold­ chic Cleveland barbecues. Blooded Lounge opposite, along with a blast Museum, the Cleveland Institute of Music, The waterfront is an incongruous jumble of hot rock. The red velvet curtain swung the Garden Center of Greater Cleveland, the of reeds, bollards, rotting logs, glossy pleas­ shut behind him. His wrap-rounds ftashed Cleveland Institute of Art, the Freiberger ure boats, industrial frontage and groves of as he gazed down Prospect toward the setting Library, Severance Hall, the Howard Dittrick weeping willow. I walked on down Old River sun. Then, lighting a Lucky, he exhaled ,Museum of Historical Medicine and the Road, keeping pace with a lake steamer about hugely, adjusted his ruflled cuffs and teetered Temple Museum of Rel1gious Art and Music. the size of Rhode Island, until I came to east on purple platform heels. Clearly the Serenely dominating them all is the Grecian a complex of Victorian warehouses and fac­ latter were giving him trouble, for he stopped bulk of the Cleveland Museum of Art. tories. This, said a newly painted sign, was at a shoe-repair shop ahead of me. As I Since I was saving this jewel for the next the Flats Development Project. passed by I heard the proprietor's angry day, I chose another museum for the mo­ Forty million dollars is being spent in re­ complaint: "I'm a cobbler, man not a­ ment-the Auto-Aviation (admission $1), habilitating the waterfront's old brick build­ carpenter." where vintage Panhards, Wintons and Hup­ ings, creating what Mme. Huxtable calls "a Huron Mall, which led me back to Euclid, mobUes winked and gleamed on the polished kind of Bohemia" in the oldest part of town. is one of those imaginative pedestrian floor, and airplanes dating back to 1911 Rope shops, fish markets and flophouses are thoroughfares that New Yorkers are always hung in motionless ftight. By the time I left, being transformed into boutiques, rest au­ planning. Although a token auto-traffic lane my stomach was sonorously requesting rants and book stores, while glassy new cul­ still winds through, it has been scaled down lunch. My guidebook suggested the Ohio tural and entertainment facilities rise above t o prohibitive proportions. The pedestrian City Tavern. the cobbled streets. sidewalk, on the other hand, has expanded Ohio City is a 19th-century backwater on Fo1· most of the afte1·noon I browsed t o a width of fully 40 feet. Pleasantly dec­ the west side of the Cuyahoga. Its leafy around the Flats' five historic acres, enjoying orated with trees, ftowering shrubs and picnic streets and old frame houses are becoming the luxury, unknown to New Yorkers, of benches, the mall runs past the chandelier­ fashionable again after a period of neglect, being able to stare at merchandise without bright windows of Halles Department Store, and the air is sweet with the smell of stripped being hustled for a purchase. I found a past the million-volume Publix Book Mart wood and fresh paint. Waves of renovation wealth of Irish antiques at Emerald-in-the­ and straight into Playhouse Square. and restoration are spreading outward from Flats ("Every one of 'em," breathed owner Here, right next to the threaters, there the Ohio City Tavern (1850), which not so Dee Keating in her authentic Brooklyn is a three-story restaurant somewhat in­ long ago was merely Joe's Cafe, a hangout brogue, "comes with a shtory!") . James R. scrutably named The Last Moving Picture for local winos. Paul Martoccia, an enter­ Wager's new Boutique Polonaise, nearby, sells Company. Its cinematic design is imagina­ prising restauranteur, brought the tavern in Polish crystal, jewelry, salt-carvings and tive, and the food and drink-well, copious. 1968, mainly because he had found some 28- Klim rugs fine enough to hang as tapes­ For $1.50 I received a glass with ice in it foot stained glass windows in a demolished tries. and as much Scotch as I would permit the church and thought they might make at­ Having worked up a considerable thirst, I waitress to pour. Dishes are named in honor tractive hanging ceilings. Now, seven years proceeded to slake it at the Cleveland Crate of movie stars: the Bob Hope is an 18-ounce and $100,000 later, he presides over a thriv­ and Truckin' Company, currently the most lobster taU at $11.50; the Brigitte Bardot a ing period piece, and throngs of well-to­ popular watering hole in the Flats. Its Beer juicy filet at $8.75. The wine list (printed in do Clevelanders regularly drive across the Porch has a tranquil view of the Cuyahoga, t he form of a :fllm-can decal) features an ex­ river to lunch and dine under tons of especially charming at sunset, when tha cellent Louis Martini Cabernet Sauvlgnon st ained glass. bridges burn red and foghorns sound sadlY for $6.50. Vintage movies flicker silent ly The tavern is famous for its quart er-pound from downriver. 262 EXTENSIONS OF REMARKS January 19, 1976

After a shower and change in the motel horizon behind me, those colors were whirl­ and a slight Southern drawl. "If the Commu­ that evening I summoned a cab and mur­ ing in my brain, only to be dimmed by sleep, nists attack, they have to bring their tanks mured two musical words: "Severance Hall.'' and the cold light of a Monday morning in through here. And when they do, I am going Much has been written about thls acoustical­ New York. to murder them." ly perfect auditorium, and much more about IF YO'U GO •• , Coming from others, the general's tough its resident Cleveland Orchestra, the most . . . to Cleveland for the weekend, you can talk might be dismissed as mere military sumptuous of symphonic ensembles. It w11l take advantage of American Airlines' special bombast. But "Holly is one of those generals not add my own inadequate adjectives to say Saturday/Sunday excursion rate of $78.73 who is totally committed to mayhem," says that to be in Cleveland during the season round trip from New York. Slower but more a senior staffer on the Senate Foreign Rela­ (mid-September to mid-May, Thursday, Fri­ scenic is Amtrak's new "Lake Shore Llmited" tions Committee, and his words should be day, Saturday, 8:30P.M.) and not hear the serVice, New York-Albany-Buffalo-Cleveland) taken seriously. orchestra in situ ls akin to visiting Rome and for $68 return. First-class with sleeping ac­ General Hollingsworth commands the passing up St. Peter's. commodations: $129. Trains leave daily at 183,000-ma.n U.S.-South Korean I Corps After the concert, I decided to seek out 6:15 P.M., arriving at 7:30 next morning. Group, one of the world's largest combat ar­ Little Italy, which clusters around Mayfield Should you want to drive, it'll take you about mies. He must defend the central part of the Road. Although it was past 11 o'clock when seven hours from New York along Interstate 151-mlle-long demilitarized zone (DMZ)­ I got there, Guarino's was still open, giving 80. including the most likely invasion routes­ forth a rich miasma of ragu. Guarino's is the Paul of Shaker Square Limousine Service and the 6.5 million citizens of Seoul, the quintessential Italian family rlstorante, with (216-751-7665) offers Cleveland in style, a South Korean capital less than 30 miles an autographed picture of Renata Tebaldi up "night on the town" package: limousine, uni­ south of here. With the fall of South Viet­ front, a herb garden out back and lots of formed chauffeur, front row theater tickets, nam, the Korean peninsula. has again beoome warm, savory activity going on in between. dinner at the Theatrical, floor show at the the most threatened area in Asia, making I partook freely of fresh salad and homemade Grecian Gardens, dancing and nightcap a.t that command much more important. fettuclne ($5.50) and drank a superb '64 The Last Moving Picture Company ($175 per As the Communists were completing their Barolo ( $8.50 a bottle) . Seeking to clear my couple, all-inclusive; two weeks' notice neces• takeover of Indochina, all of Korea. began to head after this latter indulgence, I ordered sary). talk of war. North Korea's President. Kim capucino, not noticing that its price ($2.50) Narrated "See Cleveland Tours" (adults $6, n-sung, made a well-publicized trip to China. was ominously high. It turned out to be a children $3) operate dally at 9:30 A.M. and ostensibly seeking support for reunifica­ frothy crock of house-blended coffee, steamed 1:30 P.M. from the Sheraton-Cleveland Hotel tion of the peninsula under CommunJst con­ mllk, cocoa., espresso, whipped cream and on Public Square. The tour lasts three hours; trol and for removal of the 40,000 U.S. troops cinnamon, laced with enough cognac to stun reservations necessary (216-721-0762). Boat still in South Korea. a mule. At th1s point, memory blanks out. tours operate from the East 9th Street pier American officials, from President Ford and On sunday morning, I took a bus out of between May and September daily except Secretary of State Kissinger down, responded town to the greenest and most beautiful link Monday. At 10:30 A.M. and 1 P.M. there is a with promises to keep U.S. troops in South in Cleveland's Emerald Necklace; Shaker two-hour cruise up the Cuyahoga ( $1.50) Korea. indefinitely and to send the South Heights. This suburb has mansions as huge and a !our-hour lake-harbor-river "special" Koreans more and better weapons. It doesn't and stately as any in Darien, Grosse Pointe ($3.75) at 1 P.M. On Saturday nights there now appear that a new Korean war is im­ or Chevy Chase. Prosperous black and white are dance cruises at 9 P.M. and 11 :30 P.M. minent--China. apparently gave little sup­ fa.mllies live side by side here in an atmos­ (Information: 216-531-1505.) The American port to North Korea-but these new tensions phere of leafy peacefulness. Shaker Lakes, its Institute of Architects ( 125 The Arcade) pub­ have prompted Gen. Hollingsworth to review central park, is so lush and manicured one lishes an mustrated booklet of walking and his plans for meeting any North Korean winces to think what we put up with in New automobile itineraries. attack. York. (For that matter, Cleveland's entire The Hollenden House is luxurious, central Recognizing that Vietnam ended America's park system seems to be impeccably main­ and expensive (double, $38-$40, suites $76- appetite for long Asian ground wars, Gen. tained: even in slummy areas, lawns are lit­ $205). Reservations should be made ahead Hollingsworth says he has prepared for "a. ter-free and flower beds untrodden.) of time (216-621-0700). There are plenty of short, violent war." Relying on heavy artil­ After working up something of a noontime good motels 1n and around Cleveland with lery, already in place along the DMZ, and on appetite here, I had a light brunch at the double rooms starting at around $21. Al­ massive air support, including B-52 bombers nearby saucy Crepe ( 12 different crepes to though Howard Johnson's, on Euclid Avenue now on Guam, he claims he can end any war choose from, averaging about $3 each). Then at 107th Street, is not very central, it's right in nine days. I took a bus back to University Gardens for on University Circle, and has stunning views the greatest aesthetic experience Cleveland across the park toward the Museum of Art. FOUR DAYS TO TIDY UP has to offer. The Museum of Art opens at 1 Make sure your room faces north, though, or "We'll need five days and five nights of o'clock on Sundays and closes--well, about you'll get stunning Views of Cleveland's back real violence," the short, sturdily built gen­ 30 centuries later. Admission is free. Many streets. Doubles, $23.50; tel: 216-731-2400. eral says. "Our firepower will have a tre­ connoisseurs prefer it to New York's Metro• mendous impact on their ground troops, politan, because while its treasures are not breaking their will to fight in addition to less great, its size is less overwhelming. It is killing them." After that, "we'll need four laid out so simply-in the form of a quad­ more days to tidy up the battlefield." rangle, each gallery "growing" chronolog· TIGER IN THE FOREST The general's command Includes 11 South 1cally out of the one before--that you can Korean diVisions and one American diVision, walk through the entire spectrum of Western the U.S. 2nd Infantry. Although that diVision art in about two and a half hours, without HON. OTTO E. PASSMAN is based only 15 miles from the DMZ, Gen. feeling culture drunk. An especially pleasant OF LOUYSIANA Hollingsworth says it wouldn't be used in feature of the layout is the use of patios and IN THE HOUSE OF REPRESENTATIVES such a short war but Instead would be with­ garden courts where you can rest at intervals, drawn from the border area and would be and enjoy the neutral play of sunlight on Monday, January 19, 1976 held 1n reserve. "They wouldn't get a scratch leaves. Mr. PASSMAN. Mr. Speaker, under on them," he says. Everybody will linger in front of the mas­ leave to extend my remarks in the (American troops, including Gen. Hollings­ terpieces that mean most to him or her, I worth, are here under terms of a U.S.-South remember a smiling Egyptian deity haunt· RECORD, I include the following: Korean mutual defense treaty that obligates lngly profiled ln limestone; a dreamy St. [From the Wall Street Journal, Jan. 13, 1976] the U.S. to defend South Korea 1! it is at­ Oaltherlne by Grunewald (her robe as deli· "TIGER IN THE FoREST"-U.S. GENERAL tacked by North Korea.) cately rippled as the tissUes of an oyster): ENVISIONS 'A SHORT, VIOLENT WAR'-IF Gen. Hollingsworth is convinced his short­ a red chalk study for the Sistine Ceiling by KoREAN REDs A-rrAcK-HOLLINGSWORTH's war plan would work, but there are others Michelangelo; the dimpled "Isbella Brant" PERSONALITY AND STRATEGY DRAW FmE; PLAN who hold such sanguine promises suspect. of Rubens; a series of wistful, anonymous Is CALLED UNREALISTIC-IS HIS REPUTATION One U.S. military official says privately that wooden Madonnas; two brooding Rem• DETERRENT? there Isn't enough artillery in place to sus­ bra.ndts; an austere profile of Washington by (By Norman Pearlstine) tain the violent conflict the General en­ Joseph Wright; the stupendous, !ace-warm· visions. Japanese defense analysts think it ing "Burning of the Houses of Parliament" HILL 229, SoUTH KoREA.-The South Ko­ would be at least several months before by Turner, a tumbling "Fall of the Angels" reans call him Ho Lim Soo, "the dignified South Korea. and U.S. troops could end by Rodin (the Museum is improbably rich tiger in the forest." But Lt. Gen. James F. a war with the North. 1n works by this sculptor) ; and finally a long (Holly) Holllngsworth more closely resembles gallery of Impressionlsts-Manet, Monet, a tough old tomcat, showing the scars of PRESSURE ON POWERS Plssarro, Degas. Cezanne-which whipped up bloody battles but still lusting for a last good If so, pressure might build on China and such a cyclone of orgiastic color that I walked fight. the SoViet Union to enter the conflict and out flicking imaginary daubs of paint off my Raising a finger, the 57-year-old Texas on the U.S. to increase its troop commit­ clothes. Long after Terminal Tower had points north from this fortified guard post to ments. IDtlma.tely, the U.S. might alSo feel shrunk to a needle in its American Airlines a broad valley and the enemy beyond. "This compelled to use nuclear weapons. The De· porthole, and Lake Erie had slipped over the is my killing zone," he says with a slow grin tense Department has acknowledged that January 20, 1976 CONGRESSIONAL RECORD-HOUSE 263 there are nuclear weapons in South Korea., Gen. Hollingsworth is credited with Im­ conditioning. "We will have to fight for five and American officials concede they might be proving the preparedness and morale of days and five nights," he says. "Those that used. 1! Seoul Itself was near colla.pse. South Korean and U.S. troops during the two can do it will enjoy destroying the enemy Other critics say that Gen. Hollingsworth's and a half years he has headed. I COrps. while those who aren't fit will regret they preoccupation with violence 1s excessive, even Soon after he arrived he junked his prede­ couldn't savor the victory." for a mllitary man, and question whether his cessors' defense strategy-which called for The general has also tried to develop rap· aggressiveness 1s appropriate for Korea or retreat in the face of attack, followed by a port with the South Korean farmers and vil­ anywhere else in today's world. The general slow counterattack-because it would have lagers who live near the DMZ. He has had learned to fight during World Warn. when exposed Seoul to North Korea's long-range 12 million trees planted dUring the past two rthe publlc and the politicians glorified de­ guns, setting the stage for a long confllct. years and has begun soil-conservation and struction of the enemy. A protege o! Gen. ''That was unacceptable," the general says. water-purification programs. He has in­ GeorgeS. Patton, he emerged from that war "Instead, we decided we couldn't give up an structed his troops to help the farmers plant with five Purple Hearts, a clutch of other inch of South Korean soil." and harvest their crops whenever tralnlng medals and the reputation of having kllled LnlE ADVANCED permits. The mllltary relies on the farmers more than 150 enemy soldiers in hand-to­ and villagers to detect and report North Ko­ To make the new strategy work, the rean inflltrators. hand and close-fire combat. main defense line has been advanced to the During the Vietnam war, however, violence Gen. Hollingsworth Is lavlsh with praise per se was less accepted by the public, and DMZ from points about two miles behind the for the South Koreans. He doesn't share the zone: mines have been planted along the concern many Americans have about the au­ many military men, including Gen. Hollings­ DMZ to help blunt a tank attack; and guard worth. saw their reputations tarnished. Gen. thoritarian government (}f President Park posts like this one on Hill 229 have been Chung Hee. Instead, he refers to Mr. Park, Hollingsworth served in Vietnam in 1966-67 fortified with new monitoring equipment. and 1971-72; people who knew him there who has been president since 1963, as "the (Though the DMZ Is demllitarizecl, troops say he fought valiantly, especially at An Loc. most experienced president in the free where he earned another Purple Heart blunt­ are permitted inside it in limited numbers. world-a man who has done tremendous ing a heavy North Vietnamese attack. But There are a few guard posts inside the things for his country." he Is best remembered as the subject of a DMZ; Hill 229, however, Is right on the line The general says the South Korean troops London Sunday Times article titled ''The seP.arating the southern part of the zone are "more mature, better disciplined and General Goes Zapping Charlie Cong." That from the rest of South Korea.) better trained" than the South Vietnamese article typed him as an insensitive Texas Gen. Hollingsworth has also revamped were. He notes that many South Korean offi­ redneck Whose prlma.ry pleasure was shoot­ his troops' training programs. Recognizing cers and enlisted men, such as the "Blue Ing up the countryside from his personal that winter Is the most likely time for inva­ Dragon" marine brigade, gained valuable hellcopter-"Klllin' Cong," as he was quoted sion-the rice fields are frozen, proViding experience fighting in Vietnam and tbat as saying, and anything else that moved. easier access for North Korea's tanks-he many others have spent months or years Many people turned against Gen. Hollings­ has stepped up cold-weather maneuvers. studying at military facilities in the U.S. There Is also more night training, and hell­ worth after the piece was published. Largely 1950 vs. 1976 because of it, some government officials in copter units have been given extensive Washington stlll refer to him as an "un­ "pinnacle landing" instruction so that they Gen. Hollingsworth also argues that the guided missile" or a ''hlp shooter." can drop troops atop mountains that would South Koreans are far better prepared to de­ The general says he was portrayed un­ otherwise have to be climbed. Gen. Hollings­ fend themselves than they were when the fairly in Vietnam and insists he was only worth says the entire I COrps Group can now Korean war began in 1950. "South Korea doing "what I have done throughout my mil­ be mobilized in one to two hours. had only 26 pieces of artillery along the Itary career-flaving as many lives as possible The general's presence has encouraged whole border in 1950," he says. "My area while destroying the enemy." He now speaks South Korea's own mllitary leaders. Some alone now has well over a thousand pieces." of Vietnam as a "long, drawn-out, unfortu­ South Korean generals under his command In addition, he says, the present border nate affair that people tired of," and defends not only imitate his bantam walk but also gives the South Koreans much better ground his conduct there as necessary. mlmlc his lectures to troops about the honor position than they had before. Gen. Hollingsworth's defenders, including that accompanies kllllng the enemy. The general's tour of duty as head of I some top officials in the American embassy Other South Koreans say they are Im­ Corps is likely to end this summer, and his in Seoul, say the ''hlp shooter" Image is over­ pressed that Gen. Hollingsworth spends so career may end with it. He would like to be drawn. They also assert his reputation for much time along the DMZ and at I Corps assigned to Europe and introduce his short­ violence may now serve as an important de­ headquarters near here. The general took no war concept there or succeed Gen. Richard terrent to North Korean aggression along leave last year, and even though his wife Stillwell as commanding general of all troops the DMZ. "Holly Is the only general in the lives in Seoul he spent every night at his in South Korea. Either assignment would world who tells the enemy exactly what his headquarters or in the field. "Gen. Hollings­ mean a promotion to four-star general from plans are," says another American military worth has said he is willing to die for us, his three-star rank. official in Korea, "but that has probably and we believe hlm," says one South Korean Many American military officials 1n kept the North Koreans from miscalculating military official. South Korea. think Gen. Hollingsworth could when evaluating our defenses." SURPRISE .INSPECTIONS handle Gen. Stillwell's job. But others, in· An embassy official who knows hlm well To boost morale and make sure the troops eluding some Pentagon officials, stm ques­ says that despite the Wild Image, he follows are following orders, the general makes fre­ tion whether he Is diplomatic enough to orders and Is easier to work with than other, quent unannounced inspection tours along handle such an assignment. "There aren't less fia.mboyant American military brass fu the DMZ, usua.lly traveling by helicopter many jobs around for combat commanders South Korea. ''He's no dummy,'' adds an­ (which Is flown at 100 mlles an hour as close like Holly," says one Pentagon official. "If other embassy staffer who says the general to the ground as possible) . Addressing groups there were a war, he would definitely get a reads voraciously about polltlcs, interna­ of soldiers, he stresses his short-war strategy promotion and a fourth star." But without tional relations and sociology. and the Importance of physical and spiritual one, he may have to retire.

HOUSE OF REPRESENTATIVES-Tuesday, January 20, 1976 The House met at 12 o'clock noon. PRAYER our endeavors, and loving in our rela­ The Chaplain, Rev. Edward G. Latch, tionships. DESIGNATION OF SPEAKER D.D., offered the following prayer: Bless those who work under the dome PRO TEMPORE of this glorious Capitol, our President, The Lord is the strength of my life; of our Speaker, Members of Congress, and The SPEAXER pro tempore (Mr. whom shall I be ajraid?-Psalms 27: 1. all those who labor with them and for O'NEILL) laid before the House the fol­ Almighty God, our Heavenly Father, them. To all may there come a spirit lowing communication from the Speaker: who art the source of light and life, help which will enable them to work together WASHINGTON, D.C. us to open our minds to Thy truth and for the highest good of our beloved Ja.n:uary ZO, 1976. I hereby designate the Honorable THoMAS our hearts to Thy love that with faith Nation. P. O'NEILL. Ja.. to act as Speaker pro tempore and without fear we may face the tasks Bless our people with Thy favor that, todaJ'. of this day. Turning our thoughts to conscious of Thy presence, they may live CARL ALBER'!', Thee may we be wise in our decisions, together 1n peace and with good will. Speaker of the Bouse of Bepresenta.tivu. honest in our dealings, understanding in In the spirit of Christ we pray. Amen.