16876 CONGRESSIONAL RECORD-HOUSE May 24, 1973 may have the benefl·t of the views of this However, in Laos and Cambodia, we are Vietnam, they will be in a position to charge important Kansas organization: still talking about 4 civ1Uan and 20 to 70 us more than a mere bombing halt for the FoRGOTTEN AMERICAN COMMITTEE m111tary American Prisoners in Laos, 311 mili most meager information about O\lr men. OF KANSAS, INC., tary Missing in Laos, 5 journalist POW's in Who w111 be paying the price? You? Our gov Wtchita, Kans., May 17, 1973. Cambodia, 25 mllitary Missing there, and the ernment? Or the Prisoners not returned, the DEAR CONGRESSMAN SHRIVER: As a POW1 very real probab111ty of more than 60 pri Missing not found, and their fam1Ues? MIA organization and a MIA famlly mem soners from Vietnam having been moved into We recently received a letter from the ber, we have been sincerely upset by the Laos or Cambodia. Gentlemen, we are talking mother of a Kansas journalist who is known recent floor debates and voting to stop funds about the lives and accounting of almost 500 to be alive and POW in Cambodia. as recently and totally sever all contact with the con Americans ... These includes 12 Kansans and as Aprll 1973-almost a year after capture. flict in Laos and Cambodia. Dr. Roger friend-2 Kansans are Prisoners in Laos, 8 She voiced the fears that so many family Shields, of the Department of Defense are Missing there, 1 is a Prisoner in Cambodia, members feel, so we quote-"We appreciate, POW/M:f.A Task Force, has told us that and 1 is Missing in Cambodia. Positive in so much, your concern. I'm beginning to feel both the House and Senate have been in formation has recently indicated that 2 of like a few people in Washington don't think formed that a Prisoner of War and Missing the 3 Kansas POW's are alive. We're cer it is worth the effort and expense to get the in Action situation stlll exist in Laos and tain that each of you could confer with the rest of the men out of there. I can't help boll• cambodia, and that pull1ng out now would National League of Famllies representative ing inside when I hear one of them come up mean the end of any chances to get back from your state and find that you, too, have with such a statement." our American POW's and get an accounting constituents who must not be forgotten ... We want her to be wrong, but only you can of the Missing in these countries. Our POW/ MIA ne~otiators for the ICCS prove her wrong by your actions. Dr. Shieli:ls Immediately after the January '73 Cease and the JCRC supposedly have the support of and Frank Seiverts assured us there would fire, the DOD listed 7 civilians and 6 military a. signed Cease-fire in Vietnam, yet they are be no rug-sweeping of our men. We fear your Prisoners in Laos, 311 m111tary Missing in having problems getting any cooperation solution wlll result in the sacrifice of our Laos, 5 journalists and 28 mllita,.ry Prisoners from the Vietnamese concerning an account Prisoners, our Missing, and the right of their in Cambodia, 25 military Missing in Cam ing of the missing Prisoners and clarification fam111es to ever know the fate of their loved bodia, and 81 known Prisoners stm unac on the MIAs. If you, as legislators, force a counted for in Vietnam. Four of the Laos ones. stoppage of all involvement in Lao and Cam Sincerely, m111tary POW's were released, 2 military men bodia, the Pathet Lao and Khemer Rouge have been added· to the MIA/Cambodia count ANN HOWES, since the Cease-fire, and some of the 81 unac will NOT be grateful-they wm be powerful! President. counted-for POW's have been reclassified to Instead of daily negotiations for our POW I MAUREEN SMITH, KIA as a result of POW debriefings. MIAs with their representatives in North Vice President.
HOUSE OF REPRESENTATIVES-Thursday, May 24, 1973
The House met at 11 o'clock a.m. The message also announced that the AUTHORIZING SPEAKER TO ACCEPT The Chaplain, Rev. Edward G. Latch, Senate had passed bills and a joint reso RESIGNATIONS AND APPOINT D.D., offered the following prayer: lution of the following titles, in which COMMISSIONS, BOARDS, AND the concurrence of the House is COMMITTEES, NOTWITHSTAND Watch ye, stand fast in the faith, quit ING ADJOURNMENT ye like men, be strong.-! Corinthians requested: 16: 13. s. 251. An act for the relief of Frank P. Mr. O'NEILL. Mr. Speaker, I ask unan Muto, Alphonso A. Muto, Arthur E. Scott, imous consent that notwithstanding any Almighty God, who guided our fathers and F. Clyde Wilkinson; to build on these shores a country of S. 1384. An act to authorize the Secretary adjournment of the House until May 29, free people and who didst put into their of the Interior to transfer franchise fees 1973, the Speaker be authorized to accept minds a dream that this land may be received from certain concession operations resignations and to appoint commissions, come one nation with liberty and justice at Glen Canyon National Recreation Area, boards, and committees authorized by law for all, move Thou within our hearts in the States of Arizona. and Utah, and for or by the House. that we may continue to fulflll this goal other purposes; The SPEAKER. Is there objection to S. 1808. An act to appoNion funds for the the request of the gentleman from Mas in our day. National System of Interstate and Defense We come again to our national day of Highways and to authorize funds in ac sachusetts? remembrance when we call to mind cordance with title 23, United States Code, There was no objection. those who have given their lives for our for fiscal year 1974, and for other purposes; country. Inspired by their devotion and and challenged by their dedication may we S.J. Res. 25. Joint resolution to authorize DISPENSING WITH CALENDAR give ourselves afresh to the cause for and request the President to issue a proc WEDNESDAY BUSINESS ON which they gave the last full measure of lamation designating the fourth -Sunday 1n WEDNESDAY OF NEXT WEEK devotion that a government of the peo September of each year as "National Next Mr. O'NEILL. Mr. Speaker, I ask ple, by the people, and for the people Door Neighbor Day." unanimous consent that the business in may not perish from the earth. order under the Calendar Wednesday Bless the family of our beloved col rule may be dispensed with on Wednes league, WILLIAM 0. MILLS, WhO SO sud AUTHORIZING CLERK TO RE day, May 30, 1973. denly has left us. Comfort them with CEIVE MESSAGES FROM SENATE The SPEAKER. Is there objection to Thy spirit and strengthen them for the AND SPEAKER TO SIGN BILLS the request of the gentleman from Mas days that lie ahead. AND JOINT RESOLUTIONS DULY sachusetts? In Thy holy name we pray. Amen. PASSED, NOTWITHSTANDING AD There was no objection. JOURNMENT THE JOURNAL Mr. O'NEILL. Mr. Speaker, I ask LEGISLATIVE PROGRAM The SPEAKER. The Chair has exam unanimous consent that notwithstanding (Mr. GERALD R. FORD asked and ined the Journal of the last day's pro any adjournment of the House until was given permission to address the ceedings and announces to the House Tuesday, May 29, 1973, the Clerk be au House for 1 minute.) his approval thereof. thorized to receive messages from the Mr. GERALD R. FORD. Mr. Speaker, Without objection, the Journal stands Senate and that the Speaker be au I take this time for the purpose of ask approved. thorized to sign any enrolled bills and ing the dis,tinguished majority leader There was no objection. joint resolutions duly passed by the two the program for next week. Houses and found truly enrolled. Mr. O'NEILL. Mr. Speaker, will the The SPEAKER. Is there objection to MESSAGE FROM THE SENATE gentleman yield? the request of the gentleman from Mr. GERALD R. FORD. I am happy A message from the Senate by Mr. Massachusetts? to yield to the gentleman from Massa Sparrow, one of its clerks. There was no objection. chusetts. May 24, 1973 CONGRESSIONAL RECORD- HOUSE 16877 Mr. O'NEILL. I am happy to respond crime we do not abridge the funda ual privacy. Thus, arrest records, sur to the minority leader. mental rights of American citizens to veillance reports, and other intelligence The program for the House of Repre privacy. data have been collected, stored and dis sentatives for the week of May 28, 1973, In 1968 the Federal Government made seminated by State and local law en is as follows: a major commitment to help finance im forcement agencies with the help of Fed Monday is Memorial Day, and we will provements in local law enforcement and eral funds. not be in session. criminal justice. This legislation, title I I would like to outline for the benefit Tuesday there is scheduled for con of the Safe Streets Act, will expire on of my colleagues the provisions of my sideration H.R. 6912, Par Value Modifi June 30, 1973. Although its intentions legislation: cation Act, under an open rule with 1 were commendable, the 1968 legislation First. A State is automatically en hour of debate. and its subsequent modifications have titled to Federal funds if it files a com Wednesday there are scheduled: proved in practice to be an administra prehensive plan for the improvement of H.R. 5857, National Visitors Center tive fiasco. law enforcement and criminal justice. Amendment, under an open rule with Federal funds are simply not being for Second. To qualify the plan must meet 1 hour of debate; warded to the State and local govern certain procedural requirements de H.R. 5858, John F. Kennedy Center ments quickly enough to be effective in signed to: First, encourage the partici maintenance funds, under an open rule the fight against crime. Tieups in fund pation of local governments and the pub with 1 hour of debate: and ing are caused by the unwieldly admin lic in the formulation of the plan; sec H.R. 6830, International Center for istrative structures both at the Federal. ond, insure monitoring and evaluation of Foreign Chanceries, under an open rule and State level. One large city has com program effectiveness; and third, prevent with 1 hour of debate. plained that it must go through at least waste and mismanagement through pub For Thursday and the balance of the 190 administrative steps for each of the lic accountability and tight fiscal con week there are scheduled: 100 grants a year it receives from its trols. H. Res. 382, disapproving Reorganiza State government. Most jurisdictions Third. Localities-counties, villages, tion Plan No. 2; have complained that such redtape towns and cities-apply for funding of H.R. 77, jointly administered trust means that even the most deserving crime control projects from the State. funds for legal services, subject to a rule projeets take from 6 to 12 months to be The State must act on all such applica being granted; funded. As a result, in New York State tions within 60 days. H.R. 6458, Emergency Medical Services alone, only 15 percent of the funds made Fourth. High crime areas-rural, sub Act, subject to a rule being granted; available for fiscal year 1972 and only urban or urban-are automatically en H.R. 7724. biomedical research, sub 56 percent of the funds for 1971 had been titled to yearly grants from the State if ject to a rule being granted; spent by the middle of 1972. such areas prepare a comprehensive plan H.R. 7357, Railroad Retirement Act To cope with the redtape, States and to control crime and meet procedural re Technical Amendment, subject to a rule localities are forced to invest 50 percent quirements similar to those applicable - being granted; and to 100 percent of the grants received to to the State. H.R. 7806, health programs extension, obtain and administer grant awards. Fifth. Funds are distributed under this subject to a rule being granted. The Office of Management and Budget act by the Federal Government to the This announcement is made with the has indicated that 5 percent to 10 per States on a formula based one part on usual reservation that conference reports cent investment is an appropriate figure. population and two parts on crime rates. may be brought up at any time and any Surely any legislation revising Federal High crime areas would also receive a further program will be announced later. support for State and local law enforce larger share of State funds since States ment efforts must attack this critical must distribute its funds to them on a problem of administrwtive mire and similar formula. FIGHT TO CONTROL CRIME IS A delay. MATTER OF CONCERN This is a major advancement over ex Another difficulty with the existing isting legislation. Most of the money to (Ms. HOLTZMAN asked and was given legislation is that it fails to target crime :fight crime should be spent where most permission to address the House for 1 fighting funds to high crime areas across of the crime occurs-whether it be in minute, to revise and extend her re the country. Instead, money is to be spent cities, rural areas, or suburbia. marks and include extraneous matter.) in the same proportion on areas with Sixth. Fifteen percent of the funds al Ms. HOLTZMAN. Mr. Speaker, this out crime problems as those with such located as special revenue-sharing pay week I introduced H.R. 8021, a bill sub problems. ments may be spent by the Federal Gov stantially revising the way in which the The Law Enforcement Assistance Ad ernment on a discretionary basis. Spe Federal Government supports State and ministration-LEAA-the agency com cial preference, however, must be given local law enforcement efforts. The fight missioned by the existing legislation to to high crime areas that are in need of to control crime is a matter of concern administer the disbursement of Federal additional Federal money and have to everyone in this country and I there law enforcement -fund.c;, has been sub proven that they can implement effective fore respectfully draw the attention of ject to continuous and widespread criti law enforcement programs. my colleagues to this legislation. cism for its f,ailure to monitor and eval Seventh. The existing law enforce My bill, the Crime Control Revenue uate law enforcement programs, Federal ment education program is maintained Sharing Act of 1973, offers a fresh ap funds have been wasted by certain ju in H.R. 8021 since this has been widely proach to the use of Federal crime fight risdictions on needless ''hardware" ex acclaimed as one of the most successful ing funds. First, it gets these Federal penditures. The House Government Op efforts developed under the Safe Streets funds quickly to States and localities. erations Committee has reported: Act legislation. By adopting a Federal revenue sharing Tens of mffiions of block grant dollars have Eighth. Excessive expenditures on approach for States and a limited re been spent on helicopters, airplanes, auto "hardware" are discouraged by limiting venue sharing approach between States mobUes, firearms, ammunition, computer in formation systems, communication control the amount of Federal funds to be ex and high crime localites, the bill elim centers, police radio equipment and a range pended on such purchases to 25 percent ina:tes the present bureaucratic log jam. of other hardware items, often without com of their value unless the locality can Second, it encourages States and local petitive bidding or prior evaluation. demonstrate to the Federal Government ities to plan, set priorities and develop that more money is justified. Competi effective means of controlling crime- This problem is aggravated by the tive bidding is also mandated under my from the apprehension of the suspect to procedural delays. It is much easier for proposal. the rehabilitation of the criminal. Third, a request for a tank, for example; to be Ninth. Finally, all levels of Govern it requires local and public participa processed through the administrative ment would be compelled to monitor and tion in the development of crime con mire than a sophisticated proposal for evaluate their programs carefully in or trol plans and insures careful evalua court reform. Hence, there is an incen der to continue to receive Federal tion of all plans and programs funded. tive to apply for the former rather than moneys. Fourth, it targets Federal funding to the the latter. Tenth. A civil liberties provision is in areas-whether urban, suburban or Another major shortcoming of the ex cluded that would prevent the use of rural-that need it most. And, finally, isting legislation is that it has failed to Federal funds for the collection and dis it insures that in our effort to control provide sufficient safeguards for individ- semination of surveillance data that is 16878 CONGRESSIONAL RECORD- HOUSE May 24, 1973 not already a matter of public record by Graham. While I certainly wish him the President, Secretary-Treasurer, and Inter law enforcement agencies. Violation of best in his retirement, his excellent cov national Executive Board Member are being this section would subject the offending erage of this body will be greatly missed. held under independent supervision in 12 UMW districts. The remaining districts are party to a civil penalty of up to $20,000 Dillon Graham represents the highest either going to be merged to save operating payable to the individual whose right to standards of journalism--standing in expenses or are under court jurisdiction. privacy had been violated. vivid contrast to the journalistic prac Elections in these districts wlll probably take Eleventh. The Executive is specifically tices which Vice President AGNEW and place by the end of the year. Following its precluded from impounding law enforce others have condemned. election, each district wlll hold a convention ment funds granted under this legisla Like so many men and women of the to draft a district constitution and make working press, he has rendered a service plans to hold elections for the posts of dis tion. trict representatives. to truth and to the people which it is After years of struggle by rank-and-file RETIREMENT OF NEWSMAN very difficult to measure. miners, the district elections are a great vic DILLON GRAHAM I do not know whether the rewards for tory for trade union democracy. More than such accomplishments on Earth and in any other reform, democracy represents the (Mr. FLYNT asked and was given per Heaven are very great, but his retire hope for revitalizing the United Mine Work mission to address the House for 1 min ment years should be enriched by the ers as a mllitant trade union and as a pro ute, to revise, and extend his remarks knowledge of a difficult job well done gressive political force. and include extraneous matter.) through the years of reporting. For the district officers who wlll be chosen by the rank-and-file determine union policy Mr. FLYNT. Mr. Speaker, on the 31st It seems to me that there ought to be in the coalfields. of May next, Mr. Dillon Graham, a re ·some special corner of Heaven set aside District representatives provide help to porter for the Associated Press, will re for such good guys of the press as Dillon rank-and-file Ininers who feel their contract tire after 25 years of service as a Capitol Graham. rights to seniority, wages, job posting, and correspondent for the Associated Press I wish him well in his retirement, but the like have been abridged and who file a and after 44 years of continuous service he will certainly be missed in the House grievance against the company involved. In with AP. Dillon Graham has, during this of Representatives. the past, district representatives were largely time of his 44 years' service, worked in appointments designed to buy off influential the Atlanta, New York, Charlotte, and rank-and-filers or potential rebels. They owed GENERAL LEAVE nothing to the rank-and-file and rarely Washington bureaus. He has covered fought to protect its interests in grievance Congress since 1948, and his presence has Mr. FLYNT. Mr. Speaker, I ask unani cases. As their contract rights were slowly been a pleasant and an effective one in mous consent that all Members may have whittled away coal miners resorted to the and around the House of Represen4;atives 5 legislative days in which to revise and wildcat strikes as their only protection. and in the other body. extend their remarks on the retirement The need to stand for election wlll force Mr. Speaker, in pursuing his reporto district representatives to be accountable to of Mr. Dillon Graham. the miners they are supposed to represent rial duties and activities, he has always The SPEAKER. Is there objection to or risk being voted out of office. In the future, _ been comparatively quiet and unassum the request of the gentleman from at every step of the grievance process, coal ing. At the same time he has always been Georgia? operators can expect to face rank-and-file extremely effective, courteous, and ac There was no objection. miners supported by district representatives curate as he has performed the duties who fight for the man, not give in to the to which he has been assigned in cover management. ing the legislative branch of the U.S. ARNOLD MILLER'S STATE OF THE District presidents are the union's leaders UNION MESSAGE in the coalfields. But under previous admin Government. istrations, appointed district presidents Mr. Graham and his wife, Gigi, plan Virginia coal miners or gratulate my friend, Dillon Graham, on Mr. HECHLER of West Virginia. Mr. ganized the Black Lung Association to edu his earned and well-deserved retirement. Speaker, it is with a great deal of pride cate their union brothers about the ravages 25 of miners' lung diseases. Eventually, about For years he has been an outstanding that I present Arnold Miller's account 40,000 coal miners went on strike for three member of the Fourth Estate in covering ing of his stewardship of the United Mine weeks to gain recognition of black lung as a the House of Representatives and the Workers Union of America during his compensable disease under state workmen's entire Capitol. He has served his profes first 5 months as President of that great compensation. As a founder of the Black sion well; he has served the Congress union: Lung Association, I was shocked when West well. We wish him good luck and God STATEMENT OF UMWA PRESIDENT ARNOLD MIL Virginia's UMW district presidents denounced speed. LER, NATIONAL PRESS CLUB, MAY 4, 1973 our group as a dual union and tried to pre Mr. GROSS. Mr. Speaker, will the gen vent any UMW local union from donating to A little over four months ago, an iron gate our cause. tleman yield? barred the main stairway in the UMW's The Black Lung movement succeeded Mr. FLYNT. I am glad to yield to the Washington headquarters. Today, that gate is gone. It is only one of many recent changes despite the opposition of the former United gentleman from Iowa Hubert Humphrey. In an interview with the UMW Journal, ably dangerous work fails to explain why Mr. Failor had never been inside a coal SchUck acknowledged that he had also ac other nations bo&st safety records vastly su mine, talked to a federal mine inspector, or cepted free transportation on a plane owned perior to the United States or why some read a copy of the coal mine health and by Mine Safety Appllances, another company American compan1es have made real progress safety act when he was hired by the Bureau. doing business with the Bureau. And the 1n reducing fatalities and injuries. Nevertheless, a few weeks later, he was named Courier-Journal discovered that Mr. SchUck American coal mines k111 six times as many by the White House as a $35,000-a-year as had apparently violated departmental ethics miners per million man shifts as West Ger sistant to Bureau of Mines Director Elburt once again. Last fall the Courter said, SchUck man mines, four times as many as British Orborn and asked to establish a Bureau pro had accepted five free football tickets and a mines, and three times as many as coal mines cedure for assessing penalties for violations weekend holiday provided by the V1rg1n1a in Russia. For every million tons of coal of the 1969 Coal Mine Health and Safety Act. Polytechn1c Institute, which has had over mined by the Pittston Company in 1970, at A federal judge threw out Fatlor's first $250,000 in research contracts with the Bu least one coal miner was killed and more collection scheme in March of 1970 because reau over the past five years. than 35 suffered serious injuries. At U.S. it did not comply with the law's require The day before he and his famUy left for Steel, on the other hand, with a total pro ments. Undaunted, Failord drew upon his ex their football weekend, SchUck sent a duction of 18.7 million tons of coal in 1970 perience as a municipal judge in Dubuque, strongly worded memo to the Bureau's only one miner was k11led in all of the com Iowa, and prepared a new procedure. In April deputy director for mineral resources stating pany's mines and a total of 35 injured. 1970 and again tn February 1971, West Vir he was "quite chagrined" to learn that a pro During my campaign, I pledged to the ginia Congressman Ken Hechler warned the posed $585,000 contract between the Bureau membership that coal wm be mined safely Bureau that the new assessment procedure and VPI had been disapproved. SchUck wrote or not at all. It is a pledge I intend to keep. again failed to comply with the law. The that "I strongly suggest that you reconsider The UMW safety division is assembling a Government Accounting Office and the this project" and fund it in total. The next team made up of veteran coal miners skilled Comptroller General sounded similar warn day he was off to the ballgame. in all areas of mine safety, attorneys trained ings. The warnings went unheeded. On April 1, SchUck received a reprimand in mine safety legislation, and physicians On March 9, 1973 U.S. District Court Judge from Acting Secretary of Interior John Whit knowledgeable about miners' health prob Aubrey E. Robinson ruled in response to a aker for accepting the free transportation on lems. This team will be equipped to make suit by the Independent Coal Operators that the FMC plane. According to Whitaker any on-site inspections of coal mines and pro the Bureau's assessment procedure was un repetition of such conduct would result in vide immediate support in local safety dis lawful. The ruling virtually invalidated $24 Schlick's immediate suspension and possible putes. milllon in penalties which had been assessed, dismissal. Since we have been in office, the new UMW but never collected, against coal companies. Yet the letter made no mention at all of safety division has provided assistance to There was no reaction from Ed Failor at the other instance of travel on a company two coal miners fired for refusing to operate the Bureau of Mines, however. He had al plane or the acceptance of gifs from VPI. A unsafe equipment in a U.S. Pipe and Foundry ready moved on to a job with the Committee month has gone by and the Department has mine in Alabama; members of a local union for the ·Re-Election of the President. In late not commented on the incidents. who refused to drink water from unsanitary, March, Failor was named to a high post in How can the nation's coal miners have any rat-infested containers at an Island Creek the Commerce Department. confidence in an official who continually vio Coal Company mine in West Virginia; and Ed Failor's brief, inept reign at the Bureau lates regulations against acceptance of fa rank-and-filers demanding the removal of of Mines might sound like the stuff of com vors from companies he is supposed to regu a new foreman who had ordered them to work edy. It isn't. During Failor's 18 months as late? In the face of the Department's silence in hazardous methane gas at a U.S. Steel head of the Bureau's assessment office, 271 on two apparent violations of its ethics, can mine in Pennsylvania. men died violently in mine accidents, 40,000 the public be confident that there wlll be With the safety division's support, the miners were injured, and about 2,000 more "no whitewash" at the Bureau of Mines? Alabama miners were re-hired, the West Vir were disabled for the rest of their Uves. If Mr. SchUck's actions were isolated in ginia miners filed a grievance against their Donald Schlick is Deputy Director for discretions, they might be overlooked. Un company, and u.s. Steel agreed to put the Health and Safety at the Bureau. fortunately, they are consistent with the foreman challenged by Pennsylvania miners Last year, he amazed just about everyone Bureau's history of coziness with the coal into a safety training program. by declaring that as a result of the Bureau's industry. Too many fines have gone uncol The primary union responsibUity for en enforcement of dust control standards, black lected. Too many warnings that collection forcing mine safety rests with local UMW lung is a disease of the past. Not a single procedures wm not withstand a court chal safety committees. Under the 1971 contract, medical authority could be found to support lenge have gone unheeded. committees elected from each local union this claim, nor had any independent study Until the Bureau of Mines cleans its house have the power to inspect coal mines and been made to verify that the sampling de of self-serving political appointees and pub shut down any section in which they find vices used by the Bureau accurately measure He relations artists; untn the Bureau recog an imminent danger. coal dust in a mine. Privately, Bureau officials nizes that its mission is to clean up the In the past, safety committeemen who concede that the sampling technique prob mines, not strike a balance between produc pursued their responsibility vigorously were ably couldn't withstand a court challenge by tivity and saving men's lives; and untn the often transferred by management to a work coal operators. Coal miners, who continue to Bureau ·understands that its constituents place filled with water, forced to work in low spit up mouthfuls of black coal dust after are American coal miners, not coal company coal, or fired. The companies felt free to take each shift, found Schlick's statement executives, it will remain an agency with such action because they knew the United strangely reminiscent of the claims, made up little credibility in the nation's coalfields Mine Workers leadership would not inter until several years ago, that black lung does or at the United Mine Workers of America. vene. That situation has changed. not exist. Before closing, I want to touch briefly on Any safety committee which shuts down a Two months ago, Donald Schlick informed the UMW's role in the labor movement and section or mine which in its judgment poses the world that, due to the Bureau's efforts, our recent legislative efforts. a threat to the lives or health of coal miners it is now safer to work in a coal mine than The United Mine Workers was once a will get the complete support of the UMW to drive a car on the nation's highway, a leader in the labor movement and every coal today. Perhaps when certain coal operators statement which prompted one coal miner to miner can take pride that his union helped discover that tt ts more costly to run their vow never to take a ride with Mr. Schlick bulld the United Steelworkers of America, mines unsafely than to run them safely, at the wheel. Bureau Director Osborn was the United Auto Workers of America, and they will also discover that coal mining is moved to point out that there had, in fact, the CIO. The UMW, a111ed with other pro not inherently dangerous. been an increase in the over-all injury rate gressive trade unions, intends to be a vital The fatlure of former UMW leaders to sup during 1972. And a dedicated information force in the labor movement once again. port local safety committees parallels the officer at the Bureau was courageous enough In the four months the new administra present problem with the safety effort at to say in response to reporters' inquiries, tion has been in office, the UMW has sup the U.S. Bureau of Mines. Officials at top that "For anyone to make this kind of com ported a successful strike by members of levels of the Bureau are so industry-oriented parison would indicate he had no clear con the National Union of Drug and Hospital that they continually undercut the efforts of cept of the Bureau's mission." Employees in Richlands, Virginia; a success mine safety inspectors in the field. Instead More disturbing than Mr. Schlick's public ful organizing effort by reporters and editors of a. department staffed with experienced per relations gimmickry is his cozy relationship in Morgantown, West Virginia; a recognition sonnel, trained. in mine safety, the upper with the industry he is mandated to regu strike by members of the Communication reaches of the Bureau have become an oasis late. The Loutsvllle Courier-Journal recently Workers of America at a Pikevme, Kentucky for political job seekers and public relations revealed that Schlick and two of his aides hospital; and the candidacy of James Mor specialists. had accepted free transportation on a Food In January 1971, the White House hired rissey, a rank-and-file reformer seeking the Edward Fatlor as a $100 a day consultant at Machinery Corporation plane from Los An presidency of the National Maritime Union. the Bureau of Mines. Fallor's experience in geles to a company mine in Wyoming which On the home front, we are getting ready cluded political suport for Barry Goldwater the Bureau inspects. FMC has 5.9 million dol to launch a major UMW organizing drive- in 1964, work as a paid lobbyist for the Iowa lars in research contracts with the Bureau, the first in over a decade-aimed at the Association of Coin Operated Laundries, and and Department of Interior regulations pro- large surface mines opening up out west and May 24, 1973 CONGRESSIONAL RECORD- HOUSE 16881 the hundreds of smaller non-union mines convention for trying to say what he be point in the RECORD and to include extra throughout the eastern coalfields. Close to lieved. neous matter.) 50,000 non-union coal miners in the United In Wheeling, in 1972, at the Miners for Mr. PEPPER. Mr. Speaker, we all States produce over one hundred million Democracy convention, that same miner was tons of coal a year. Our organizing drive wlll chairing part of the proceedings. Several know about the threatened petroleum end when every one of them is a United delegates from the floor complained to him shortage in this country. We are told Mine Worker and a royalty is paid into the that the convention was moving toq slowly, that there is a possibility that gasoline UMW Welfare and Retirement Fund on and the miner acknowledged that it was rationing may be required. Such action every ton of coal they mine. true. But he didn't mind, he said, and gave would be a shock to the people of this on the legislative fronrt, UMW representa the reason why. country and would impose upon them tives testified recently on pension reform "Democracy," the miner said, "always take immeasurable burden and inconvenience. before the Special Pension Task Force of the a little longer." House Committee on Education and Labor. The Florida Petroleum Marketers As In Us testimony, the UMW supported the sociation, with its principal office in strongest possible provisions for early vest GENERAL LEAVE Tallahassee, has submitted to me a series ing, pol'!ta,bility, standards for trustees, of resolutions which this knowledgeable widows' benefits, and easy eligibility. Mr. O'NEIT..L. Mr. Speaker, without group of independent distributors be Our major legislative effort is to find con creating a precedent, I ask unanimous lieve will relieve or do much to relieve gressional relief for the threat posed to coal consent that all Members may have per the threatened shortage. Mr. Speaker, miners because of industry's failure to de mission to revise and extend their re I include these resolutions in the RECORD velop sulphur control technology. As I marks in the RECORD today. immediately following these remarks: pointed ourt in my recent statement on the The SPEAKER. Is there objection to energy crisis, present stalte regulations under the request of the gentleman from Mas RESOLUTION the 1970 Clean Air Act wlll eliminate the Whereas increased exploration, production, jobs of 26,000 coal mlners who mine coal too sachusetts? and refining capacity must be forthcoming high in sulphur to bum under present pollu There was no objection. at the earliest possible date if our nation tion standards. is to avert a continuing energy crisis, and Coal mi·ners remember when the m!nes Whereas incentives must be increased to automated in the 50's and hundreds of I AM WHAT I AM encourage expenditure of capital to produce thousands of miners were thrown out of the petroleum energy to meet the increased work. Automation of the mines was called Mr. PEPPER. Mr. Speaker, I am Member of Congress. RESOLUTION advised that under the legislation we Whereas much of the energy shol'ltage has recently extended the President has been brought about through restrictive authority to impose rent controls where A SUMMARY-FOR NOW-OF THE E.P.A. Regulations in the use of certain he feels the situation justifies it. In my QUESTION OF AMNESTY petroleum products and coal, in the genera tion of electricity, and district there is a severe need for such The SPEAKER. Under a previous or Whereas much of the energy shol'ltage is controls to be imposed. Ours is an area der of the House, the gentleman from contributable to the restrictive standards where there is less than 1-percent va New York CMr. RoBISON) is recognized placed upon automobUe gasoline and emis cancy in available rental space. In my for 15 minutes. sions, and county of Dade, I am advised that 41 Mr. ROBISON of New York. Mr. Whereas the generation of electricity percent of the population overpays for Speaker, if Congress were to discuss am through the use of No. 2 heating on has rent. In some areas, particularly Miami nesty as objectively as some of my con proven to be an uneconomical use of No. 2 Beach, it is my understanding that the heating oil, taking four gallons of oil to pro stituents, this country could quickly find duce the equivalent amount of energy as one ratio is even higher with over 50 percent its direction on the issue and move to gallon of on, and of the population over 60 years of age a new reconciliation-what I would like Whereas the use of such No. 2 heating oil overpaying for their housing as much to think of as a "new patriotism''-and in generating electricity has severely in as two-thirds of their income. I have build again on the social bonds which creased the demand of such product and written a letter to the President respect have united this country in the past. whereas utility companies are wtlling to pay fully urging that he consider the prob excessive prices for such fuel on products Since I began speaking to the House on lems in the Greater Miami area and take the subject of amnesty, in what has now and thus further increase the shortage of such action as will be necessary and heating oil for home and industrial con stretched to a series of six weekly st~te sumption. effective to protect the people of that ments, I have received 31 constituent let Now, therefore, be it resolved that the area, particularly people of low income, ters which directly comment on my re Florida Petroleum Marketers Assoolation from paying excessive rent. My letter to marks. Nineteen of those letters are in does hereby endorse and encourage Congress the President follows: varying degrees complimentary to my to pass such legislation that would increase HOUSE OF REPRESENTATIVES, comments, and 12 vary in the degree of the well head price of natural gas, and the Washington, D.O., May 24, 1973. temporary suspension of current restrictive Hon. RICHARD M. NIXON, their disapproval. I have included a ~ew E.P .A. Regulations on the use of petroleum President, examples of these remarks in previous products, and United States of America. statements, and today I will insert a 'few Be it further resolved that copies of this MY DEAR MR. PRESIDENT: You Will please more which indicate the kind of respqnse Resolution be supplied to the Florida Legis allow me to bring to your attention the fact I am getting. lature and interested State Agencies of that excessive increases in rent are plaguing A Broome County New Yorker writes: Florida. many communities in our nation and victim Adopted this day, May 4, 1973, at the gen As you have asked for peoples' views on izing, among others, thousands of elderly amnesty, these are our personal eral meeting session of the Association at Americans who retired to live in these com feeling~. Tampa, Florida. munities on fixed incomes. Think of the boys who went because of South Florida leads the country in new pride and courage and love of their country. RESOLUTION housing construction, I understand. However, Some of whom lost their lives, their limbs, Whereas the independent branded jobber both Federal and staJte programs have failed their minds. In fact gave their all. Now sbme has traditionally paid a premium for his to alleviate the less than 1% vacancy rate people want to let the cowards and conscien branded product because of brand identifi for availa.ble housing including substandard tious objectors come crawling back to this cation, credit cards, national advertising and dwellings. I am informed the highest rents country they wouldn't fight for. has, through the years represented his sup in the country are those in Broward County, We think this is a good way to promote plier's brand and image throughout his ter Florida. In Dade County, 41% of the popula a country of weaklings. ritory, and tion overpays for rent (over-payment being Why should anyone fight for their country Whereas the margins of profit of the inde defined as more than 25% of income for if they know they will be protected and can pendent branded jobbers have traditionally rent). In some areas in Dade County, in come back when the war is over? ' been based upon corresponding increases in cluding parts of Miami Beach, I am informed the tankwagon price of petroleum products, the figure is even higher, with more than From the same county in New York: when wholesale prices were increased, and 50% of the population over 60 years of age Today's paper says you have received 20 Whereas the independent jobber has tra over-paying for their housing as much as letters on this subject [of amnesty] . ditionally received cash discounts upon pay two-thirds of their income. I am confident To me, it is no less than shocking that you ment of his product accounts within 10 days, similar conditions prevail in other states, would espouse a cause of those who arel de and most particularly New York, California, void of any sense of national patriotism:\ Whereas the independent jobber has tra Illino1s and others that have a large con Although you have been honored by el~va ditionally received hauling allowances based centration of elderly Americans. During tion to the 33° in Scottish Rite M~on upon the published rates of the Public Serv Phase II, many on the front lines in the ry, it is obvious you have not learned (nor ice Commission, and battle against inflation thought the rent agreed with) the teaching that our na~ion Whereas the independent jobbers have sta,bi11zBttion guidelines to be a meager gov is not to be betrayed nor deserted., as been pLaced upon product allocations that ernmental effort, hardly meaningful. But portrayed in the 20 o. are based upon his 1972 sales due to the with the coming of Phase III every tenant Many of us subscribe to the form of overall product shortage. was to leMn just how bad housing facUlties patriotism that makes a man's decision to Therefore, be it resolved that the members could be. In Dade Coun.ty, there has been a walk out on his country an act that deprives of the Florida Petroleum Marketers Associa continuing rash of rent increases averaging him of his citizenship, his pride in the hon tion do hereby urge that their respective sup over 30% for all types of accommodations. or this flag-and makes him a man without plying companies adhere to these long estab This has burdened low-income elderly, and a country. lished policies of accompanying wholesale even middle and upper income elde!l'ly! What meaning can an oath of citizenship have to those adopting this great nation as price increases with tankwagon price in Mr. President, I respec·tfully submJt that creases, the normal cash discounts and haul theirs-if our natural born are allowed to ing allowances and just and equitable prod you have the mandate from the Congress desecrate our flag by deserting 1t? uct allowances and just and equitable under the Economic Stab1li3at1on Act, to stop Do you hear us? product allocation between jobber and direct this tragic exploitation of our rulltion's elder company operations. ly, and to authorize and direct the stabiliza That message I "heard," Mr. Speaker, Adopted this day, May 4, 1973, at tne gen tion of rents at levels prevaU1ng on January but there were other voices as still an eral meeting session of the Association at 10, 1973, in communities where a less than other Broome County constituent writes Tampa, Florida. 1% vacancy rate is indicated. to s·ay: May 24, 1973 CONGRESSIONAL RECORD- HOUSE 16883 I have been planning to write to you about closely defining the parameters of the This amnesty was President Truman's the amnesty issue long before it was an test, it may be appropriate to mention gesture of gratitude to those released nounced that you were placing the matter convicts who had performed faithful solidly before the U.S. Congress. that the above letters came from a Con I have heartily agreed with our respected gressional District in which 53 percent military service during World War II. President as to the priority of returning our of the population is classified as urban, At the time of his first proclamation, servicemen and prisoners of war before the 2.6 percent as rural farm residents and the President let it be known that he was amnesty questi()n could be justly considered. the remaining 44.4 percent as rural non considering a general amnesty for draft We solid supporters of President Nixon farm residents. The median age is 28.1, resisters and deserters. Shortly there have always felt that the "planetary poker" and the per capita income $3,026. Dur after, a "Committee for Amnesty'' was game, in which he is engaged, has required ing the last congressional election, I re formed to consider the possibility and to tremendous courage as a necessity to project ceived approximately 62 percent of the make recommendations to the President. a firm and tough image to the world. We have The committee's membership, which always been warned by the occasions when he vote and my Democratic opponent drew comes across the television media as a very 29 percent, with two other candidates joined some of the most prominent and sincere, God-fearing man who will eventual splitting the remainder. respected personalities of the day, in ly "bring us together." With no recent registration figures cluded Henry Luce, Pearl Buck, Thomas When he reiterates his "no amnesty" po available, I would characterize party Mann, A. J. Muste, Dorothy Canfield sition, we of the silent majority have been affiliation in my district as a mix between Fisher, Thorton Wilder, Harry Emer telling ourselves that it is just a matter of son Fosdick, Thurgood Marshall, and time until he reveals his true feelings. an active liberal Democratic minority, approximating 30-33 percent of reg Frank Graham. The Amnesty Commit Those young resisters who felt no more tee's preparatory work culminated in or less bitter about the previous Administra istered voters, with the majority, about tion's involvement in this obviously useless 60-63 percent being moderate to con recommendations which became the sub war than he did, expressed themselves in servative Republicans. The remaining stance of President Truman's Executive the loudest and only effective way open to voters are registered as conservatives, Order 9814 of December 23, 1946, which them. They couldn't even vote. liberals and independents. established the President's Amnesty Didn't we parents cast the votes to give Out of that group comes a small but Board. This three man body, headed by Mr. Nixon the authority to fulfill his prom former Supreme Court Justice Owen J. ise to end our participation? lively, and often profound, discussion of Roberts, was empowered to "examine Now that he has done a superb job of amnesty, generated by the weekly news and consider the cases of all persons con getting our men out of Viet Nam, it seems reports of the statements I have made victed of violation of the Selective Train unthinkable that he could turn his back on here. It may be presumptuous to sug ing and Service Act of 1940." Together the resisters. They helped to awaken the gest that any of my colleagues could ex nation to the true state of affairs, and no with Roberts, the Board included Mr. pect the same, yet I wonder if many of Willis Smith, former President of the doubt had a great influence on the Presi those who have been reluctant to speak dential vote in his favor. American Bar Association, and Mr. I believe that you share with us the up this far are not misguessing the reac James F. O'Neill, former police chief of strong convi9tion that the time for amnesty tion their statements will receive at Manchester, N.H. is now. home. I would ask those of my colleagues The Amnesty Board was a new ap We can not judge those who would not who can make a singular contribution to proach to the granting of clemency in violate their consciences, nor can we assess the future concord and vitality of Amer the United States. Recognizing the di the guilt or honor of those who fought the ica to look more closely at my own ex versity of the individuals involved, and fight willingly or unwillingly. Only God can perience, if they wish; or, at least, to preside over that "court." the variety of the emotional and ra But this Easter Day one might come closer look a little more closely to their own tional commitment which led them to to the right answer through the message area. They may well find what I have: resist the draft or desert the armed that rings louder than ever. "Father for That most of their constituents have forces, this Presidential act provided for give them." not made up their minds about amnesty, a case-by-case deliberation by the Board. This letter would be sent directly ~ Pres that these people are looking for some There were 15,805 individual cases re ident Nixon if I thought it possible to reach direction from the Congress, and that ferred to the Board, and each was him with such a simple message. I am grate they will receive, in a mature manner, an treated as a separate problem. ful to be able to write to you in confidence objective and responsible discussion of It in that you're still concerned, and will keep is noted one commentary on the this matter before Congress until the less amnesty from their Congressman. Board's activity that the members had courageous Members express themselves in Congress may not find a neat legisla considered the grant of a general am favor of this worthy cause. tive solution to so complex a question, nesty at the outset, but they subsequently but individual Members of Congress can decided not to make such a recommenda And, from Tompkins County: plumb the best thinking and the best tion, because their Presidential mandate Our Ithaca news is to the effect that you instincts of their constituents in a way strongly inferred that cases be dealt with have attempted to stimulate some thinking among your colleagues on the matter of that could set the early foundations for individually. draft dodgers and deserters. The report is a new unity in America. As my past To provide such attention to each case, that Congress is not much interested at this statements have suggested, one way to do the Board had the assistance of 16 at time. But you have the initiative and I say this is to review the history of amnesty torneys who gathered data on the family good for you. in this country. Such hindsight is im history, school and work records, crimi From meager details I infer your point is mensely instructive both for the examples nal records, and selective service history that draft dodgers and deserters should not it offers, and for those insights it sug of each violator. In accordance with the be welcomed back as heroes of free thinking Executive order, the Amnesty Board and conscience, neither forever banished. gests when one asks why Congress or the DD and D's may be dishonored, disgraced President have initiated clemencies in the could, when it chose, "make a report to and deplored, but not despised, detested, and past and, in some instances, why they the Attorney General which shall include disenfranchised. When they pay their rea have not. The most recent, and probably its findings and its recommendations as sonable debt, as law breakers must, in rec the most pertinent, of these examples, to whether Executive clemency should be ognition of those who gave time, life, and that of President Truman, elicits several granted or denied, and in any case in limb in patriotic service, we can then ac which it recommends clemency, iU; rec cept them again into our society as we do necessary questions about the advisa bility of amnesty for the post-Vietnam ommendations with respect to the form others who decide in some incident to Uve that such clemency should take." outside the mores of our people. period. I interpret the news as saying your posi Using the data available to it, the Mr. Speaker, during his administra Board took all mitigating circumstances tion is for justice but not revenge. I ap tion, President Truman issued four am plaud your stand. into consideration, including ill health in nesties-known as the Christmas am the family, other family problems, illiter It has not been exactly by choice that nesties. In his first clemency, announced acy, or lack of understanding of obliga I have emerged as a Congressional "lit on the morning of December 24,-f945, Mr. tions under the Selective Service Act. mus test"-as some Members of Congress Truman granted full pardon for all non Each individual considered ·by the Board and others· watch for any form of reac military crimes to those convicted men had the opportunity to file a brief or tion to my speeches-yet, so be it. For who had served during World War n appear at a hearing to state his case. In those who may be interested in more and had received honorable discharges. addition, testimony was heard from rep- CXIX--1066-Pa.rt 13 16884 CONGRESSIONAL RECORD- HOUSE May 24, 1973 resentatives of various religious orga by the offender concerning the circumstances percent of those convicted of violating the of the offense. act asserted conscientious conviction as t:fie nizations, citizen groups, veterans orga When the Board organized in January basis of their action. This percentage excluaes nizations, and from officials of the U.S. 1946, about 1,200 of 15,805 violators of Selec Jehovah's Witnesses, whose cases were dealt Army, Navy, and National Selective tive Service were in penal institutions, the with hereafter. Although the percentage was Headquarters. number diminished daily. At the present small, these cases presented difficult prob During 1972 hearings before the Sen time there are 626 in custody; 550 of these lems. ate Subcommittee on Administrative have been committed since the constitution The Selective Service Boards faced a very Practice and Procedure, Mr. James F. of this Board. The work of the Board was difficult task in administering the provisions directed chiefly to examining the propriety concerning religious conscientious objection. O'Neill, the only surviving member of the of recommending restoration of civil rights Generally ·speaking, they construed the ex Truman Amnesty Review Board de to those who have been returned to their emption liberally. Naturally, however, Boards scribed the operation of the Board and homes. in different localities differed somewhat in included in the record of the hearings In analyzing the cases we found that they their application of the exemption. In recom the "Report of the President's Amnesty fell into classes, but that in each class mending pardons, we have been conscious Board." Since that report provides a suc there were exceptional cases which took the of hardships resulting from the factor of cinct description of the operation and offender out of the class and entitled him error. the conclusions of the Amnesty Board, I to special consideration. The main divisions Many of the Selective Service Boards did into which the cases fell were : ( 1) those not consider membership in an historic peace will in.sert it in the RECORD at this point: in violation due to a wilful intent to evade church as a condition to exemption to those REPORT OF THE PRESIDENT'S AMNESTY BOARD service; and (2) those resulting from beliefs asserting religious conscientious objection The President's Amnesty Board, estab derived from religious training or other con to military service. Nor have our recommend lished by Executive Order of December 23, victions. ations as to those who were members of no 1946, to review convictions under the Selec At least two thirds of the cases considered sect or religious group, if the subject's record tive Training and Service Act of 1920, has were those of wilful violations, not based on and all the circumstances indicated that he completed its task and submits this, its first religious scruples. These varied greatly in the was motivated by a sincere religious belief. and final report. light of all the relevant facts disclosed in We have found some violators who acted Before adopting any general policies, the each case. It became necessary to consider upon an essentially religious belief, but were Board heard representatives of interested not only the circumstances leading to the unable properly to present their claims for parties and groups. It heard representatives offense, but the subject's background, edu exemption. We have recommended them for of historic peace churches, of the Federal cation and environment. In some instances pardon. Council of Churches of Christ in America, what appeared a wilful violation was in fact We found that some who sought exemp leaders of the Watchtower Bible and Tract due to ignorance, illiteracy, honest misun tion as conscientious objectors were not such Society (whose followers are known as Jeho derstanding or carelessness not rising to the within the purview of the Act. These are men vah's Witnesses), officials of the U.S. Army level of criminal negligence. In other cases who asserted no religious training or belief and Navy, and the National Headquarters of the record showed a desire to remedy the but founded their objections on intellectual Selective Service, representatives of citizen's fault by enlistment in the Armed Forces. political or sociological convictions resulting groups, veterans' organizations and pacifist Many of the wilful violators were men with from the individual's reasoning and personal organizations, some of the violators them criminal records; many whose record includ economic or political philosophy. We have not selves, formerly inmates of penal institutions, ed murder, rape, burglary, larceny, robbery, felt justified in recommending· those who appeared, either in person or by representa larceny of Government property, fraudulent thus have set themselves up as wise and more tives and were heard. enlistment, conspiracy to rob, arson, viola competent than society to determine their In perhaps one half of the cases considered, tions of the narcotics law, violations of the duty to come to the defense of the nation. the files reflected a prior record of one or immigration laws, counterfeiting, desertion Some of those who asserted conscientious more serious criminal offenses. The Board from the U.S. Armed Forces, embezzlement, objection were found to have been moved in would have failed in its duty to society and breaking and entering, bigamy, drinking fact by fear, the desire to evade mUitary serv to the memory of the men who fought and benzedrine to deceive medical examiners, ice, or the wish to remain as long as possible died to protect it, had amnesty been recom felonious assault, violations of National Mo in highly paid employment. mended in these cases. Nor could the Board tor Vehicle Theft Act, extortion, blackmail, Under the law, the man who received a have justified its existence, had a policy impersonation, insurance frauds, bribery, IV-E cl!ssification as a conscientious objec been adopted of refusing pardon to all. black market operations and other offenses tor, instead of being inducted into the Armed In est~?.blishing policies, therefore, we were of equally serious nature; men who were Forces, was assigned to a Civilian Public called upon to reconcile divergencies, and to seeking to escape detection for crimes com Service Camp. The National Headquarters of adopt a course which would, on the one hand, mitted; fugitives from justice; wife deserters; Selective Service estimates that about 12,000 be humane and in accordance with the and others who had ulterior motives for es men received this class-ification, entered tradition of the United States, and yet, on caping the draft. Those who for these or camps and performed the duties assigned the other hand, would uphold the spirit of similar reasons exhibited a deliberate evasion them. Certain conscientious objectors re the law. of the law, indicating no respect for the law fused to go to such camps, refused to comply Examination of the large number of cases or the civil rights to which they might have with regulations and violated the rules of the at the outset convinced us that to do justice been restored, are not, in our judgment, de camps in various ways as a protest against to each individual as well as to the nation, serving of a restoration of their civil rights, what they thought unconstitutional or unfair it would be necessary to review each case and we have not recommended them for administration of the camps. Some deserted upon its merit with the view of recom pardon. the camps for similar reasons. We may con mending individual pardons, and that no Among the violators, quite a number are cede their good faith. But they refused to group would be granted amnesty as such. now mental cases. We have made no attempt submit to the provisions of the Selective Adequate review of the 15,805 cases to deal with them. since most of them remain Service Act, and were convicted for their brought to our attention would have been in mental institutions with little or no intentional violation of the law. There was a impossible had it not been for the coopera chance of recovery. Until they recover mental method to test the legality of their deten tion of government departments and agen health, their loss of civil rights imposes no tion in the courts. A few of them resorted to cies, such as the Office of the Attorney Gen undue burden. that method. Where other circumstances eral, the Federal Bureau of Investigation, The Board has made no recommendation warranted we have recommended them for the Bureau of Prisons, the Criminal Division respecting another class of violators. These pardon. But most of them simply asserted of the Department of Justice, the U.S. Proba are the men who qualify for automatic par their superiority to the law and determ1ned tion Officers, the Administrative Office of the don pursuant to Presidential Proclamation to follow their own wish and defy the law. We U.S. Courts, U.S. Attorneys throughout the No. 2676, dated December 24, 1946. They are think that this attitude should not be con country, the Armed Forces of the U.S., and the violators who, after conviction, volun the Headquarters of Selective Service. The doned, and we have refrained from recom teered for service in the Armed Forces prior mending such persons for favorable con records of these offices were made available, to December 24, 1945, have received honorable and those in charge furnished requested sideraJtion, unless there were extenuating discharges following one year or more of duty. circumstances. information. Most of those who, prior to the last-men The information derived from all sources Closely analogous to conscientious ob tioned date and subsequent to that date, en jectors, and yet not within the fair inter was briefed by a corps of trained reviewers. tered the Army and received honorable dis pretation of the phrase, were a smaller, It included such essential data as family charges with less than a year of service have history, school and work records, prior crim- though not inconsequential number of been recommended for pardon. These men inal record, if any, religious affiliations and American citizens of Japanese ancestry who have brought themselves within the equity of were removed in the early stages of the war, practices, Selective Service history, nature Presidential Proclamation No. 2676. and circumstances of offenses, punishment The second class of violators consists of under m111tary authority, from their homes imposed, time actually served in'confinement, those who refused to comply with the law be in definite coastal areas and placed in war custodial records, probation reports, and con cause of their religious training, or their reli relocation centers. Although we recognize duct in society after release. In addition, the gious, political or sociological beliefs. We have the urgent necessities of military defense, we Board heard in most instances psychiatric classified them, generally, as conscientious fully appreciate the nature of their feelings reports for one or more voluntary statements objectors. It is of interest that less than six and their reactions to orders from local Selec- May 24, 1973 CONGRESSIONAL RECORD-HOUSE 16885 tive Service Boards. Prior to their removal makes his own law; and that he refused to social. The United States can afford the lux from their homes, they had been law-abid yield his opinion to that of organized society ury of treating them magnanimously. ing and loyal citizens. They deeply resented on the question of his country's need for classification as undesirables. Most of them service. President Truman chose to refrain remained loyal to the U.S. and indicated a In summary we may state that there were from further discussions on amnesty un desire to remain in this country and to fighrt 15,805 Selective Service violation cases in til the latter days of his final adminis 1n its defense, provided their rights of citiZen ducted. In this total there were approxi tration. This was despite the efforts of ship were recognized. For these we have mately 10,000 willful violators, 4,300 Jeho several private organizations working recommended pardon, in the belief that they vah's witnesses, 1,000 religious conscientious for further clemency. On December 24, will justify our confidence in their loyalty. objectors and 500 other types. Of this total 1952, Mr. Truman issued two proclama Some 4,300 cases were those of Jehovah's 612 were granted Presidential pardons be Witnesses, whose difficulties arose over their cause of a year or more service with honor tions regarding clemency. The first, insistence that each of them should be able discharges from the Armed Forces. An Proclamation 300, pardoned all accorded a ministerial status and consequent additional approximate 900 entered the former convicts who had served in the· complete exemption from mllitary service, or Armed Forces and may become eligible for Armed Forces for at least 1 year after Civilian Public Service Camp duty. The or pardon upon the completion of their service. June 25, 1950, and Proclamation 3001 ganization of the sect is dissimilar to that of When the Board was created, there were 1,200 pardoned all deserters after World War the ordinary denomination. It is difficUlt to offenders in custody. Since that date an ad II and before the Korean war-August find a standard by which to classify a member ditional 550 have been institutionalized. At 15, 1945, through June 25, 1950-and re of the sect a.s a minister in the usual mean the present time, there are 626 in confine ing of that term. It is interesting to note that ment, only 76 of whom were in custody 1n stored all their rights. Unlike the final no representations were made to Congress January 6, 1947. gestures following the Whisky Rebellion when the Selective Service Act was under Tabulation and the Civil War, there was no Presi consideration w1 th respect to the ministerial Convictions under Selective Service dential action for an unqualified clem status of the members of this group. Some Act considered ______15,805 ency to draft resisters and the deserters time after the Selective Service Act became Willful violators (nonconscientious of the Armed Forces after World War ll. law, and after many had been accorded the objectors) (approximately)------10, 000 Mr. Speaker, my six statements to the conscientious objector status, the leaders Jehovah's Witnesses (approxi- House do not exhaust the topic of am of the sect asserted that all of its members mately) ------4,300 nesty, but they have provided a gen were ministers. Many Selective Service Boards Conscientious objectors (approxi- classified Jehovah's Witnesses a.s conscien erous opportunity to get my point across. mately) ------~ - 1,000 tious objectors, and consequently assigned Other types of violators______500 I had intended at the outset of these them to Civilian Public Service Camps. A few Those who have received Presiden- presentations that there should be a at first accepted this classification, but after tial pardons under Presidential limit to them and, though I was not sure the policy of claiming ministerial status had Proclamation 2676, dated Dec. 24, of the response, I had hopes of sparking been adopted, they changed their claims and 1945 (approximately)------618 some form of expanded discussion on the they and other members of the sect insisted Those who entered the Armed Forces possibilities for at least a limited am upon complete exemption as ministers. The and may be receiving pardon (ap- nesty. Following the divisiveness which Headquarters of the Selective Service, after proximately} ------900 some consideration, rUled that those who the Indochinese war has brought to this devoted practically their entire time to country, it seemed that a resolve of Con Total ------1,518 "witnessing," should be classified as min Recommended by this Board______1, 523 gress to bring us together again might isters. The Watchtower Society made lists be one redeeming outcome of so many available to Selective Service. It is claimed Total recommended for pardon disturbing years. that these lists were incomplete. The Selec and who may earn pardon I began these statements with the con tive Service Boards' problem was a difficult through service in the Armed one. We have found .that the action of the tention that I was uncertain about the Boards was not wholly consistent in attribut Forces ------3,041 President's true position on amnesty. ing ministerial status to Jehovah's Witnesses, The Board recommends that Executive Much like the third constituent quoted and we have endeavored to correct any dis Clemency be extended to the 1,523 individuals above, I have been waiting for Mr. Nixon crepancy by recommending pardon to those whose names appear on the attached 11st, to speak his true feelings-the kind he we think should have been classified. attested as to its correctness by the Execu indicated to TV interviewer Dan Rather The sect has many classes of persons who tive Secretary of the Board, and that each several months ago. I also said then that, appear to be awarded their official titles by person named receive a pardon for his vio if the President's more recent statements its headquarters, such a.s company servants, lation of the Selective Training and Service company publishers, advertising servants, Act of 1940 as amended. mean that he is against blanket am etc. In the cases of almost all these persons, nesty, then our viewpoints are joined. the member is employed full time in a gain Almost a year after its inception, on But, if he meant, on the other hand, that ful occupation in the secular world. He "wit December 23, 1947, the Amnesty Board's he is forever opposed to considering each nesses," as it is said, by distributing leaflets, recommendations to the President were individual case for amnesty on its own playing phonographs, calling at homes, sell finalized in a grant of amnesty to 1,523 merits-on some sort of conditional basis ing literature, conducting meetings, etc. in individuals-about 1 in 10 of the 15,805 yet to be worked out--then there are his spare time, and on Sundays and holi considered. differences between us. days. He may devote a number of hours per Several newspapers of the day edi month to these activities, but he is in no Time has not changed my view, nor sense a "minister" as the phrase is commonly torialized for amnesty after the final has it clarified the President's. In Con understood. We have not recommended for decision of the Amnesty Board. One, the gress, discussion of the issue has not com pardon any of these secular workers who Washington Post, stated in its Christmas menced to the degree necessary to affect have witnessed in their spare or non-working issue: large numbers of citizens; and I must ac time. Many of them perhaps would have been Such persons broke the law not for per cept that silence as the only available and granted classifications other than I-A nad sonal gain, not because they sought some practical course this Congress, in its col they applied for them. They persistently re special advantage over their fellow citizens, fused to accept any classification except that but because, however mistakenly, they be lective judgment is willing to take at this of IV-D. representing ministerial, and there lieved they could· not in good conscience point in time regarding such a highly fore, complete exemption. Most of their of obey the law. Some of these, to whom par charged public issue. fenses embraced refusal to register, refusal dons were denied, were described by the If my speeches have produced any to submit to physical examination, and re board as persons whose objections to military happy result, it is the hard soul-search fusal to report for induction. They went to service were based on "intellectual, political ing and wisdom which has come from jail because of these refusals. Many, however, or sociological convictions resulting from the some of my own constituents, as they were awarded a IV-E classification as con individual's reasoning and personal economic scientious objectors, notwithstanding their and political philosophy." These men have have considered and responded to my re protestation that they did not want it. These, been punished-severely punished. They marks. In concluding these statements when ordered to report to Civ1lian Public have served terms in prison. Amnesty would today, I cannot be gratified by the re Service Camp, refused to do so and suffered operate only M restore their civil rights. Now sponse in Congress, but I am immensely conviction and imprisonment rather than proud to represent the citizens of the comply. While few of these offenders had that the war is over, we cannot see that the theretofore been violators of the law, we security of the Nation, or even the welfare 27th District of New York. cannot condone their selective service of of society would be endangered by generosity I have not stirred many of them--only fenses, nor recommend them for pardons. To in dealing with their offense, essentially po a handful, really-sufficiently to lead do so would be to sanction an assertion by litical in character. Certainly in time-of them to sit down and write me their a citizen that he is above the law; that he peace these men cannot be deemed anti- thoughts for or against amnesty which. 16886 CONGRESSIONAL RECORD- HOUSE May 24, 1973 coming as it does from the Greek word sored hygiene programs for maternity cies already have piecemeal control. I for a "forgetting," does not imply the and infancy. Throughout her long and have introduced a bill that would bring condoning of an act but simply the de active life, she worked tirelessly for together all the Federal activities con sire to allow for a fresh start by wiping causes in the field of women's rights, cerning energy under one Energy Policy error from the record. But I suspect election reform, and peace. Council so that a better watch can be indeed, I hope, Mr. Speaker-that I have The example she set for women legis maintained on the entire picture. gotten a goodly number of those others lators-and for all legislators-in fight President Nixon has outlined a de who have not written to me to think about ing for and sticking to firmly held moral tailed program to Congress which he the issues involved in a broader way and humane beliefs will live as a con feels will provide long-range solutions. than might otherwise have been the case tinuing memorial to this outstanding Government and industry are taking had I not spoken out; to think about American. steps to help lessen the immediate prob what the term "peace with honor" lem and they need help, the help of each ·means in its own broader contexts, to individual citizen. consider the historical record of past FUEL SHORTAGE By cutting down on our consumption, amnesties in this Nation, to consider the The SPEAKER. Under a previous or we can all help the overall situation related implications of our own Govern der of the House, the gentleman from tremendously. Actually, we are told that ment's willingness to consider at some Alabama (Mr. EDWARDS) is recognized if every driver in America used one less future time some form of reconstruction for 5 minutes. gallon of gasoline per week, there would aid to our former enemies in North Viet Mr. EDWARDS of Alabama. Mr. be no shortage. nam, and to appreciate the fact that some Speaker, demands for crude oil in Amer We can keep our cars tuned and well of our young people who were not draft ica are outstripping the supply and, as a serviced. We can slow down. We can be dodgers had college deferments from result, we are beginning to feel the first conservative in our use of electricity and which safe distance they condemned effects of the warnings given many other energy sources. We have a lot to possibly better men than they who were months ago of the oncoming energy crisis gain by doing so. dying to give them that privilege. in this country. To my constituents who have thought The current shortage of fuel through about these things-even to those who out the Nation can be traced in part to PRICE FIXING IN THE STOCK blasted me in no uncertain terms for sug the heavy demand earlier this year MARKET gesting them-my thanks. which prevented the oil industry from The SPEAKER. Under a previous order To my colleagues who, in moderate building inventories for the coming voices, might also wish to speak out along of the House, the gentleman from Cad. heavy summer months. ifornia (Mr. Moss) is recognized for 5 the same lines-my hopes that they The nationwide demand for gasoline eventually will, reassured by my own minutes. this summer is expected to increase by 7 Mr. MOSS. Mr. Speaker, there is a example that one can do so and come out percent over last year. of the experience more or less whole, curious contradiction that exists in one The fact is that domestic crude sup of our great industries-the secw·ities in politically speaking. plies are short and they are growing And now, I confess, Mr. Speaker, I am dustry-an industry that has done an shorter. Foreign crude availability is be outstanding job of raising capital for no surer of the right and wrong side coming more expensive and less depend of the amnesty issue than when I began able. American businesses throughout the this effort. But that I am more confident country. This industry, which contrib And so, some American oil companies utes so greatly to the capitalist system than before that a nation which is as have started to place a check on the big as ours in so many ways-big in our co:untry, is itself afraid to be a amount of fuel allocated to their distrib part of that system. Rather, the secu enough, indeed, to rebuild enemy lands utors and stations. and to restore comforts to a people once rities industry exists in the world of the Economists are saying that the energy cartel, a world consisting of, among other alienated as we have done in the past and crisis is due to an unchecked rise in con probably will do again-is also big enough things, the fixing of prices. sumption of not only gas and oil but When a customer goes into a stock to embrace its own children with forgive electricity and coal and other for~s of ness and write a better page in history broker's office to buy or sell stock, his energy. Sociologists, however, put the broker is required by rules of the New than the last decade would indicate it blame on too many people using too might. York Stock Exchange to charge him no much electricity and driving too many less than a certain price, which the automobiles. broker calls a commission, for handling HON. JEANNETTE RANKIN Businessmen blame the ecologists the transaction. whom they accuse of wanting to turn The SPEAKER. Under a previous or This system, which is known as the their backs on technology. Conservation fixed minimum commission rate system, der of the House, the gentlewoman from ists, on the other hand, believe the cause Massachusetts (Mrs. HECKLER) is recog is nothing more or less than price fixing. nized for 5 minutes. is rooted in business irresponsibilities Stockbrokers attempt to justify this like major oil spills, placing sulfur in practice on the grounds that it is neces Mrs. HECKLER of Massachusetts. the cities' air, and the mass misuse of Mr. Speaker, it is with deep sadness the countryside. sary to maintain the stock market as we mixed with profound appreciation for a know it today. But the Subcommittee on The truth, I believe, is that the rising Commerce and Finance, which I have life well lived that I take note of the energy problem in the United States has passing of the first woman elected to the privilege to chair, conducted an in been brought on by all of these things depth study of this price-fixing mecha this House-the Honorable Jeannette coming together at the same time. Rankin, of Montana. nism during the 92d Congress, and unan . I believe the shortage in supply we are imously concluded that fixed commis Representative Rankin followed her now experiencing emphasizes that fact convictions to the fullest each day. sions in the securities industry were not She opposed war. She did not equivo that we are going to have to face the in the public interest and should be cate on that score. She always voted her question of offshore oil drilling, and Con abolished. Legislation to accomplish this conscience even though it meant taking gress is going to have to act on the has been introduced. a stand all alone. Alaskan pipeline question. As might be expected, the stockbrokers In addition, as one of the earliest lead Some critics have complained that are vigorously opposing this legislation. ers of the women's suffrage movement, there is energy waste at present, because One of their arguments has been that she succeeded in pushing for passage in there is no energy policy, no single Fed under a system where rates were set by her home State of Montana the women's eral agency riding herd on energy sup the forces of competition, rather than right to vote 6 years before the ratifi ply, demand, use, and consuinption. fixed by the New York Stock Exchange, cation of the 19th amendment to the U.S. I dislike Federal controls as much as many brokers would, in fact, raise them. Constitution. In Congress, she authored anybody, but I think this avenue should Fixed rates, the stockbrokers argued, the first bill seeking Government-span- be investigated. Numerous Federal agen- were therefore to the public's advantage. May 24, 1973 CONGRESSIONAL RECORD- HOUSE 16887 Recently, however, the brokers tor J. Edgar Hoover refused to go along the office of Daniel Ellsberg's psychia dramatically switched their position, and with it for reasons that he does not ex trist. asked the Securities and Exchange Com plain. This secret, expanded lawbreaking Mr. Nixon also belatedly confesses mission to approve a 10- to 15-percent "intelligence" operation was under ac that he did attempt to restrict the FBI's increase in the fixed fees they charge tive consideration in the White House in investigation of Watergate, allegedly be their customers. June and July 1970. cause he felt it would expose CIA and Mr. Speaker, I am strongly opposed to In December 1970, the President tells other national security operations which this request. While it may be necessary us, he proceeded to create an Intelli he thought were involved in the case. for some stockbrokers to raise their gence Evaluation Committee, including Here, too, Mr. Nixon would have us think prices to meet the rising costs that all representatives of the White House, CIA, that he was trying to keep the CIA out businesses are now experiencing, that de FBI, National Security Agency, the De of the Watergate scandal at the very cision should be made by each individual partments of Justice, Treasury, and De time that his closest associates in the broker, based on his individual cost and fense, and the Secret Service. White House were trying to make the competitive situation. That decision The President indicates that he cre CIA take the rap for it, according to should not be made by the New York ated this overall agency to oversee ''do evidence presented to the Senate investi Stock Exchange, or by the SEC, to be im mestic intelligence," because of his con gating committee. If Mr. Nixon was posed upon all stockbrokers. cern over FBI Director Hoover's severing worried that the CIA was involved, why If the decision were left to each in of liaison with the CIA and all other did he not just call in CIA Director dividual broker, as it would be if fixed agencies except the White House. Here, Richard Helms to find out. Mr. Helms commissions were eliminated, efficient too, we are offered just a glimpse into the says the President never asked him about brokers might choose not to raise their rivalry among the various intelligence this. charges at all, or to raise them less than groups and the special status enjoyed By May 22, Mr. Nixon is admitting other, inefficient brokers. Under the fixed by Mr. Hoover, who felt free to act as he that he left vital information about his rate system, however, all brokers must pleased regardless of the President's Watergate role out of his April 30 nation charge the higher rate. Thus, it is the in wishes. wide television address in which he efficient broker that determines the fixed As a longtime critic of the FBI who assured us that there would be no "white rate which, of course, increases the cost never shared in the adulation of the late wash" and that the integrity of the of the investment to the customer .. Mr. Hoover, I would say at this point that White House "must be real, not trans Moreover, if brokers were allowed to the unusual power held by Mr. Hoover parent." He simply neglected to inform set their own prices, they might offer rested in his control of secret files his the American people in a speech which different packages of services to their agency gathered containing information was widely portrayed as the definitive customers, at different price levels. Cus on hundreds of thousands of Americans, story that he had indeed attempted to tomers would be able to purchase and pay including Government officials, and cover up some aspects of Watergate. for only those services they desired. Members of Congress and many prom Presidential Counsel Leonard Garment Under the inflexible fixed rate system, inent leaders. on May 22 attempted to reconcile the however, customers are denied this right. According to former FBI Assistant Di differences between the President's latest Mr. Speaker, the SEC has stated that rector William C. Sullivan, as quoted in Watergate statements and his earlier it will hold public hearings on this re the New York Post May 15, 1973, Mr. ones by saying that Mr. Nixon now has quest for a 10- to 15-percent increase in Hoover "was a master blackmailer and a clearer recollection of the events the fixed fees now charged by stockbrok he did it with considerable finesse despite surrounding the burglary. Are we ex ers. I hope that the public will make it the deterioration of his mind." pected to believe that the President sim self heard, and that the agency will lis Mr. Sullivan reported that secret wire ply forgot that he had told the FBI to ten. I am convinced of the correctness tap FBI files, including wiretap records limit its investigation? of the unanimous conclusion of the Sub relating to the case of Daniel Ellsberg, Mr. Nixon's rationale for the covert committee on Commerce and Finance were turned over by him to Assistant At operations that led to the commission that fixed fees charged by stockbrokers torney General Robert Mardian. They of felonies against private citizens and are not in the public interest. I trust eventually wound up in a White House one of our two major political parties is that the SEC will not lend its support to safe. According to the New York Post his concern for national security. And this practice by approving an increase in story, the secret files were moved to the once again, as he did in his April 30 these fixed prices. White House because it was feared that speech, he invokes allusions to national Hoover might use them "in some man security and patriotism in an effort to ner" against President Nixon and At cut off any further investigation of his THE WHOLE TRUTH IS YET TO torney General John Mitchell. role in Watergate and associated illegal COME In his belated report on the superspy activities. The SPEAKER. Under a previous or Intelligence Evaluation Committee which Like King Louis XIV, who said der of the House, the gentlewoman from he created, Mr. Nixon again strains cre "L'etat c'est moi," Mr. Nixon equates na dulity by saying that if this committee tional security with his own preserva New York (Ms. ABZUG) is recognized for tion and his own policies. This President, 15 minutes. "went beyond its charter and did engage Ms. ABZUG. Mr. Spee.ker, President in any illegal activities, it was totally who rode to national prominence as one Nixon's extraordinary 4,000-word state without my knowledge or authority." In of the chief witch-hunters during the ment May 22 presenting still another view of the fact that Mr. Nixon earlier McCarthy period of the 1950's, conjures version of his role in the Watergate in 1970 had authorized illegal activities, up a hysterical vision of the summer of scandal provides us with a tantalizing including "breaking and entering," by 1969 and 1970, referring to a wave of glimpse into the secret police state op these same espionage l:igencies, why bombings and explosions on college cam erating out of the White House. should they have suddenly expected him puses, guerrilla-style warfare, and dem By .the President's own admission, he to have any qualms about breaking the onstrations. He even hints darklY that sanctioned plans for such illegal actions law? ''some of the disruptive activities were as "surreptitious entry"-breaking and In his May 23 statement the President receiving foreign support." entering, in effect--"on specified cate also admits that in June 1971, a week What actually was happening at that gories of targets in specified situations after publication of the Pentagon papers, tii:ne? Mr. Nixon was concerned with relating to national security." The plan he approved the creation of the White "security leaks" which revealed that the involved the FBI, CIA, Defense Intel House special investigations unit, the United States was conducting illegal ligence Agency, and the National Secu group that later became known as "the bombing operations and "incursions" of rity Agency. plumbers," to stop so called national American ground troops in Cambodia. According to Mr. Nixon, approval of security leaks. This is the group, led by The Cambodians knew they were being that particular plan was rescinded-he Watergate Conspirators Howard Hunt bombed. The North Vietnamese and does not say by whom-after FBI Direc- and G. Gordon Liddy, that burglarized South Vietnamese Governments knew 16888 CONGRESSIONAL RECORD- HOUSE May 24, 1973 Cambodia was being bombed. The only the kinds of illegal activities inspired unknowing of activities pursued by his ones who were not supposed to know, un and condoned by the President of the closest appointed advisers and friends. der Mr. Nixon's definition of national United States. We saw the culmination He has not explained how he can ac security, were the American people. of lawlessness and disorder on the part cept responsibility for some of these "ex In response to Nixon's invasion of of the Nixon administration in the il cesses," as he calls them, while at the Cambodia, thousands of Americans, not legal dragnet arrests of thousands of same time seeking to avoid any of the only on campuses but in cities all over peace demonstrators ordered by Attor consequences of these lllegal acts. the Nation, joined in demonstrations to ney General Mitchell in Washington In his April 30 TV address, Mr. Nixon protest the widening of the war· which over a period of several days in May said he found it necessary in order to re the President had said he would stop 1971. store confidence to remove from office when elected. That controversy and de In his most recent statement in which Attorney General Kleindienst, although bate extended into the Congress and in he attempts to bring down a "national he had "no personal involvement what deed, there was a conflict involving na security" curtain to conceal his illegal ever in this matter," because he "has been tional security. Opponents of the war, activities, the President refers to "the a close personal and professional asso whose patriotism I will match with the tragedies at Kent State and Jackson ciate of some of those who are involved in President's any day, maintained that State" universities. Shortly before these this case." the administration's continuation of the young students were massacred, the Exactly the same words could be ap war in Southeast Asia was directly con President had referred to student peace plied to the President himself. He was not trary to the best interests of the Ameri demonstrators as "bums." Yet despite only the personal and professional asso can people. an FBI report confirming that the Na ciate of Messrs. Haldeman, Ehrlichman, Yet, Mr. Nixon admittedly used these tional Guardsmen's shooting down of Dean, Mitchell, Stans, Magruder, et legitimate protests and demonstrations four students at Kent State on May 4, cetera, he was their employer. which are protected by the first amend 1970, was "unnecessary, unwarranted, As Prof. Arthur Bestor has said in an ment to the Constitution as an excuse to and inexcusable," Attorney General open letter addressed to the President set up his clandestine Intelligence Eval Mitchell refused to submit the issue to a calling on him to resign-the New Re uation Committee to spy on antiwar Federal grand jury. The killers of four public, May 26, 1973: groups, minority, and radical groups. The innocent young boys and girls remain at The various activities that are now becom New York Times reported May 21 that large, despite a petition addressed to the ing known-ranging from the forgery of the unit is now clandestinely operated Justice Department by 50,000 Americans documents of "sensitive" files, from the out of the Justice Department's Internal asking for a Federal review of the case "washing" of money (thieves' argot) to the rifling of a psychiatrist's office-were car Security Division. According to the and due process of law. This is the ried out for your benefit, by persons well Times, Government investigators are tragedy. known to you, working in White House of "now attempting to determine whether Mr. Mitchell, apparently viewed his fices over which no one but you could or did some of the intelligence committee's accession to control of the Justice De exercise supervision and control. highly classified reports may have been partment as a blank check for lllegal It is exceedingly difficult to belleve that all used by other Justice Department agen activities, whether in behalf of Mr. this was done, over periods measured 1n cies and the White House to justify un Nixon as President or as a political can months and even years, Without the slightest dercover and double agent activities didate for reelection. According to testi inkling reaching you. It is exceedingly dif ficult to believe that the whole tone of the against suspected opposition groups, in mony by James McCord before the Sen administra.tion was set by subordinates, act cluding Democrats opposed to the Nixon ate investigating committee, Mr. Mit ing directly contrary to your wishes. It is administration." chell authorized G. Gordon Liddy, coun exceedingly difficult to believe that the readi Mr. Speaker, two recent cases--the sel for CREEP and also one of the so ness of your henchmen to violate the law Berrigan trial in Harrisburg, Pa., and the called "plumbers,·· to break into the time after time was the result of their own Camden trial-have presented shocking offices of the Las Vegas Sun last summer inna.te criminal propensities, and not the evidence of how FBI provocateurs were to steal ''blackmail type information in result of an understanding or beUef on their used to entrap antiwar groups and at volving a Democratic candidate for part that you, as the ultimate beneficiary, tempt to lead them into illegal actions. President." Hank Greenspun, editor and would approve, albeit in silence and secrecy. In the Camden case, 17 of the so-called publisher of the newspaper, is quoted in Mr. Speaker, it would be a serious mis "Camden 28" were acquitted several days the New York Times May 23 as charging carriage of justice to assume that the ago by a jury which was appalled at that the real purpose of the burglary question of Mr. Nixon's innocence of any disclosures that a paid informer for the attempt was to acquire signed memo wrongdoing hinges on whether he had FBI had in fact provided the tools and randa by Howard Hughes, the indus prior knowledge of the Watergate bur the training for the defendants who trialist, a major contributor to Mr. glary of the Democratic National Com broke into a Federal building to destroy Nixon's reelection campaign. mittee headquarters or the subsequent draft records. The evidence revealed that Perhaps the most curious aspect of Mr. coverup. At question is his entire conduct the informer actually reactivated the il Nixon's April 30 and May 22 statements in office, his entire reelection campaign, legal foray after the protestors had all lies in what he has not said. his invasion of the constitutional rights but abandoned it. He has not yet commented on the fact of American citizens, the violation of his As the New York Times noted edi that while he was at his home in San oath of office "to preserve, protect, and torially May 23: Clemente he met with the judge in the defend the Constitution," his attempt to The government's game plan could only Ellsberg case who was reportedly offered undermine the separation of powers be interpreted as a deliberate polltical man the FBI directorship by Presidential As among the executive, legislative, and ju euver to use the protesters as dupes in the sistant John Ehrlichman. dicial branches, and his continuing un Administration's design to discredit foes of constitutional actions in Cambodia. its Vietnam poUcy. He has not commented on the extra ordinary financial arrangements of This is the larger context in which the We have also heard reports of espio CREEP under the direc·tion of Mitchell President's conduct must be examined. nage and double agent provocations in and Maurice Stans, in which corpora We are all aware of rising demands legitimate political activities by Amer tions and wealthy businessmen virtually that the President resign from office to ican citizens; we have heard of fake save the country from months of agoniz prowar advertisements and inspired stood in line to stuff millions of dollars, ing investigation of all the facets of this telegrams campaigns; we have heard of reported and unreported, into CREEP's disgraceful and unprecedented situation agents being flown to Washington to dis floating treasury and safes as a quid pro in the history of our Nation. rupt demonstrations; we have even heard quo for administration favors. I believe, however, that it is important of Government provocateurs who were He has not commented on the un for the American people to learn the used in an attempt to attack Daniel Ells savory GOP convention arrangements whole truth about how this administra berg physically as he addressed a peace with ITT, on the Vesco deal, the wheat tion has operated and to learn how close rally in the Capital. deal, the milk price deal. they came to living in a police state. These are activities that one asso He has not explained satisfactorily how Whether James McCord or any of the ciates with a police state, and these are he could have been so oblivious to and other Watergate participants go to jail May 24, 1973 CONGRESSIONAL RECORD-HOUSE 16889 is not the major issue. Whether Halde outside pressure. Johnson applied that pres on May 21, 1973, and referred to the man, Ehrlichman, Dean, Mitchell, Stans, sure. He pushed them to it by repeated and Committee on Foreign Affairs. dangerous violations of the laws they passed. Under leave to extend my remarks, I and the others are found guilty of break Yet none of his conduct was criminal. The ing the law and are punished is not the crimes his enemies accused him of were not wish to place at this point in the RECORD major issue, either, though I believe they indictable offenses. He was charged with us the letter from the Department of State: must pay the penalty if they are con ing the constitutional power of his office DEPARTMENT OF STATE, victed of wrongdoing. The issue is the against the constitutionally passed laws of Washington, D.C., May 18, 1973. role of the President himself in all these the nation. These are not crimes in the Hon. CARL ALBERT, matters. Under our Constitution it is the ordinary sense of the word. They may be the Speaker, House of Representatives, Wash gravest kind of political or even constitu ington, D.C. function of the House of Representa tional offenses but they are in no way akin DEAR MR. SPEAKER: There is enclosed for tives to determine whether the Presi to mugging. the consideration of the Congress draft leg dent's conduct has been such as to war This brings us to Richard Nixon. He is islation to provide for establishment of a rant his impeachment. most widely suspected in the Watergate dis Board for International Broad'Casting and to I believe this is a duty the House owes grace of having committed ordinary, indicta authorize the continuation of assistance to to the Constitution and to the American ble offenses. Presumably, if a prima facie case Radio Free Europe (RFE) and Radio Liberty people. can be made, and a grand jury with the guts (RL). Following is a commentary by Nicholas to do it could be assembled, he would be in On May 7, 1973, the President made pubHc dicted in the same fashion that two of his the report of the Presidential Study Com von Hoffman with some pungent reflec former Cabinet members already have. You mission on International Radio Broadcasting tions on the process of impeachment: don't have to impeach him for that. and announced his intention to submit leg A SELF-IMPEACHMENT LESSON Richard Nixon will have to make Congress islation to the Congress in accordance with (By Nicholas von Hoffman) impeach him. He may do it. If it should come its recommendations. These are reflected 1n On March 3, 1868, the House of Represent to that, impeachment won't be detonated the enclosed blll. It would declare that open atives voted articles of impeachment against by strong indications that he had prior communication of information and ideas President Andrew Johnson. Most of us have knowledge of Watergate, but by the lengths among people, particularly as transmitted been taught that this first and only trial of he had gone to conceal and protect his agents. by RFE and RL to the peoples of Eastern a President was the work of a House of Rep That's what's getting him in trouble, and Europe and the USSR, contributes to inter resentatives controlled by a mad-dog ma there is no sign even now that he and his national peace and serves the interest of the jority who come down to us through history people have stopped manufacturing false United StS~tes. It would authorize the Presi under the name of Radical Republicans. trails, prejuries, lies and evasions. dent to appoint, by and with the advice and A second look shows that was not the case. His prideful going on and on and on has consent of the Senate, a Board for Inter The House was not the property of the Radi converted what might have been but another national Broadcasting to make grants in sup cals who were a decided numerical minority. sordid episode in a not so elevated career port of broadcasting by RFE and RL. In That the 17th President of the United States into such a defiance of Congress that it may addl·tion to assuming financial account came within one vote of the two-thirds be forced to take up the challenge against ab111ty for grant funds, the Boa.rd would needed in the Senate to throw him out was the wm of even the Democrats who certainly review and evaluate the mission and opera owing to the conservatives who turned don't want this man tossed out now, there tions of the stations, assess the quality, against him. by giving Agnew time to build an election in effectiveness and professional integrity uf They did so very reluctantly, with the same his own right. their broadcasts within the context of the misgivings that conservative members of Yet Richard Nixon is encouraged to make broad foreign policy objectives of the United Congress a century later have about convict his own disaster by the loyalty and obedience States, and foster efficien'Cy and economy in ing Richard Nixon. Thus we find Sen. James of his subordinates, both in the White House station operations. W. Grimes of Iowa writing in March, 1867, and the upper echelons of career government The Department has been informed by the that," ... we had better submit to two years service, military and civilian. They're smitten Office of Management and Budget that enact of misrule ... than to subject the country, with a kind of a Kiserism, an unthinking ment of this proposed legislation would be its institutions and its credit, to the shock worshipful subservience to the man and the in accord with the program of the President. of an impeachment. I have always thought office, which compels them to carry out every Sincerely, so, and everybody is now apparently coming command. MARSHALL WRIGHT, . to my conclusion." (This quote is filched When President Andrew Johnson tried to Acting Assistant Secretary, from a nifty, new book titled "The Impeach use William Tecumseh Sherman in this way fqr Congressional Relations. ment and Trial of Andrew Johnson," by Mi by promoting him to the rank of full general, chael Lee Benedict, W. W. Norton, New York, that conservative military man urged the DRAFT Bn.L 1973, $6.95.) ' Senate to vote against his own promotion. To provide for the establishment of the Board What happened in the time between Gen. Alexander Haig, whose chief accom for InternSJtional Broadcasting, to author Grimes' letter and a year later when opinion plishment, it now appears, is the ability to ize the continuation of assi&tance to Radio had completely reversed itself and the House order phones tapped in 10 languages, plays Free Europe and Radio Liberty, and for voted to put the President on trial? The the good servant and accepts all his master other purposes answer is that in the intervening time John hands him. Given his inflexibility of purpose bam of Be it enacted by the Senate and House of son drove Congress to do what it never want Representatives of the United States of ed to do. He impeached himself. Again and pride, conviction, fear and guilt, surrounded by Hunish subordinates who respond A merfca in Congress assembled, That this again, he refused to carry out the laws Con Act may be cited as the "Board for Interna gress passed for the reconstruction of the "jawohl" to every order, this man could tional Broadcasting Act of 1973". South. drive Congress to do it. The issue may be Each time he evaded congressional intent the concealments of Watergate or even Cam DECLARATION OF PURPOSES and new laws were passed to hem him in bodia, but if it comes to the sticking point SEc. 2. The Congress hereby finds and tighter, he would burst through them. At it w111 be Richard Nixon who will have declares: the same time he began making moves that forced his own impeachment. ( 1) That it is the policy of the United States to promote the right of freedom of suggested to some people in Congress he opinion and expression, including the free was also preparing a m111tary coup. That he dom "to seek, receive, and impart information actually was is extremely doubtful; and BOARD FOR INTERNATIONAL and ideas through any media and regardless even if he had such an act against the Re BROADCASTING ACT OF 1973 of frontiers," in accordance with Article 19 public in mind, it could never have been The SPEAKER. Under a previous of the Universal Declaration of Human brought off. Our two greatest generals, Grant Rights; and Sherman, knew they served under an order of the House, the gentleman from (2) That open communication of informa oath of allegiance, not to the President but Pennsylvania (Mr. MoRGAN) is recog tion and ideas among the peoples of the to the Constitution. nized for 5 minutes. world contributes to international peace and What is important to understand about Mr. MORGAN. Mr. Speaker, I am to stability, and that the promotion of such the impeachment proceedings against John day introducing a bill, by request, to communication is in the illlterests of the son was that Congress never wanted it and provide for the establishment of the United States; sought every way over a period of three years (3) That Free Europe, Inc., and the Radio Board for International Broadcasting, Liberty Committee, Inc. (hereinafter referred to avoid it. It did so not only because of the to authorize the continuation of assist conservative sentiments of men like Grimes, to as Radio Free Europe and Radio Liberty) , but also because, then like now, our Con ance to Radio Free Europe and Radio have demonstrated their effectiveness in gresses are amorphous, criss-crossed bodies Liberty, and for other purposes. furthering the open communication of in which cannot strongly coalesce on a single, The draft legislation was received by formation and ideas in Eastern Europe and uncompromised position without enormous the House from the Department of State the Union of Soviet Socialist Republics; 16890 CONGRESSIONAL RECORD-HOUSE May 24, 1973 (4) That the continuation of Radio Free and operation of Radio Free Europe and provide the Board with such information Europe and Radio Liberty as independent Radio Liberty, and to assess the quality, regarding the foreign policy of the United broadcast media., operating in a. manner not effectiveness and professional integrity of States as the Secretary may deem appro inconsistent with the broad foreign policy their broadcasting within the context of the priate. objectives of the United States and in ac broad foreign policy objectives of the United PUBLIC SUPPORT cordance with high professional standards, is States; SEc. 7. The Board is authorized to receive in the national interest; and {3) To encourage the most efficient utili donations, bequests, devices, gifts and other ( 5) That in order to provide an effective zation of available resources by Radio Free forms of contributions of cash, services, 1nstrumenta.1Lty for the continuation of as Europe and Radio Liberty and to undertake, or request that Radio Free Europe or Radio and other propenty, from persons, corpora sistance to Radio Free Europe and Radio tions, foundations, and all other groups Liberty and to encourage a. constructive Liberty undertake, such studies as may be and entities, both within the United States dialog with the peoples of the Union of necessary to identify areas in which the op erations of Radio Free Europe and Radio and abroad, and, pursuant to the Federal Soviet Socialist Republics and Eastern Property Administrative Services Act of Europe, it is desirable to establish a. Board Liberty may be made more efficient and economical; 1949, as amended, to use, sell, or otherwise tor International Broadcasting. dispose of such property for the c.arrying ESTABLISHMENT AND ORGANIZATION ( 4) To develop and apply such financial procedures, and to make such audits of out of its functions. For the purposes of SEc. 3. (a) There is established a. Board for Radio Free Europe and Radio Liberty as sections 170, 2055, and 2522 of the Internal International Broadcasting (hereinafter re the Board may determine are necessary, to Revenue Code of 1954, as amended (26 u.s.a. ferred to as the "Board"). SISsure that grants are applied in accord 170, 2025, or 2522), the Board shall be deemed (b) (1) COMPOSITION OF BOARD.-The Board ance with the purposes for which such to be a corporation described in section 170 shall consist of seven members, two of whom grants are made; (c) (2), 2055(a) (2), or 2522(a.) (2) of the shall be ex officio members. The President ( 5) To develop and apply such evaluative code, as the case may be. shall appoint, by and with the advice and procedures as the Board may determine .FINANCING consent of the Senate, five voting members, are necessary to assure that grants are ap SEC. 8. (a) There are .authorized to be one of whom he shall designate as Chairman. plied in a manner not inconsistent with the appropriated, to remain available until ex Not more than three of the members of the broad foreign policy objectives of the United pended, $50,300,000 for fiscal year 1975 to Board appointed by the President shall be States Government; carry out the purposes of this Act. There are of the same political party. The chief operat (6) To appoint such staff personnel as authorized to be appropriated for fiscal ing executive of Radio Free Europe and the may be necessary, subject to the provisions years 1974 and 1975 such additional or sup chief operating executive of Radio Liberty of title 5, United States Code, governing ap plemental amounts as may be necessary for shall be ex officio members of the Board and pointments in the competitive service, and increases in sal,a.ry, p.ay, retirement, or other shall participate in the activities of the to fix their compensation in accordance with employee benefits authorized by law and for Board, but shall not vote in the determina the provisions of chapter 51 and subchapter other nondiscretionary costs. tions of the Board. III of chapter 53 of such title relating to IMPLEMENTATION (2) Selection-Members of the Board ap classification and General Schedule pay pointed by the President shall be citizens of rates; (b) To allow for the orderly implementa the United States who are not concurrently (7) A. To procure temporary and inter tion of this Act, the Secretary of State is regular fulltime employees of the United mittent personal services to the same ex authorized to make grants to Radio Free States Government. Such members shall be tent as is authorized by section 3109 of title Europe .and to Radio Liberty under such selected by the President from among Ameri 5, United States Code, at rates not to exceed terms and conditions as he deems appro cans distinguished in the fields of foreign the daily equivalent of the rate provided priate for their continued operation untU policy or mass communications. for GS-18; and a majority of the voting members of the (3) Term of Office of Presidentially B. To allow those providing such services, Board have been appointed and qualified, appointed Members-In appointing the ini while away :(rom their homes or their regu and until funds authorized to be a.ppro tial voting members of the Board, the Presi lar places of business, travel expenses (in prl.ated under this Act are availa.ble to the dent shall designate three of the members cluding per diem in lieu of subsistence) Board. appointed by him to serve for a term of as authorized by Section 5703 of title 5, three years and two members to serve for a United States Code, for persons in the Gov THE LATE HONORABLE WILLIAM 0. term of two years. Thereafter, the term of ernment service employed intermittently, office of each member of the Board so ap while so employed; MILLS pointed shall be three years. The President (8) To report annually to the President Mr. GUDE. Mr. Speaker, it is my sad shall appoint, by and witn the advice and and the Congress on or before the 3oth consent of the Senate, members to fill va duty to announce to the House the pass day of October, summarizing the aOOJ.vities ing Of our colleague, WILLIAM MILLS Of cancies occurring prior to the expiration of of the Board during the year ending the pre a. term, in which case the members so ap ceding June 30, and re,viewing and evaluat the First District of Maryland. At a later pointed shall serve for the remainder of ing the operation of Radio Free Europe and date I will request that a date be set such term. Any member whose term has ex Radio Liberty during such year; and for a eulogy in his memory. pired may serve until his successor has been (9) To prescribe such regulations as the Mr. Speaker, I now move that the appointed and qualified. Board deems necessary to govern the man (4) Term of Office of Ex Officio Mem House stand in recess until 12:30 in ner in which its functions shall be carried honor of and respect to the memory of bers-Ex Officio members of the Board shall out. serve on the Board during their terms of BILL MILLS. service as chief operating executives of Radio (b) In carrying out the foregoing func The motion was agreed to. Free Europe or Radio Liberty. tions, the Board shall bear in mind the ne (5) Compensation-Members of the Board cessity of maintaining the prof'essiona.I in appointed by the President shall, while at dependence and integrity of Radio Free RECESS tending meetings of the Board or while Europe and Radio Liberty. engaged in duties relating to such meetings RECORDS AND AUDIT Accordingly (at 11 o'clock and 12 min or in other activities of the Board pursuant SEc. 5. (a.) The Board shall require that utes a.m.), the House stood in recess un to this section, including travel time, be Radio Free Europe and Radio Liberty keep til 12 o'clock and 30 minutes p.m. entitled to receive compensation equal to the records which fully disclose the amount and daily equivalent of the compensation pre disposition of assistance provided under scribed for level V of the Executive Schedule this Act, the total cost of the undertakings AFTER RECESS under Section 5316 of Title 5, United States or programs in connection with which such Code. While away from their homes or regu assistance is given or used, that portion of The recess having expired, the House lar places of business they may be allowed the cost of the undertakings or programs was called to order by the Speaker at 12 travel expenses, including per diem in lieu supplied by other sources, and such other o'clock and 30 minutes p.m. of subsistence, as authorized by law (5 u.s.a. records as will fa.c111tate an effective audit. 5703) for persons in the Government service (b) The Board and the Comptroller Gen employed intermittently. Ex Officio members eral of the United States, or any of their PERMISSION FOR COMMITTEE ON of the Board shall not be entitled to any duly authorized representatives, shall have GOVERNMENT OPERATIONS TO compensation under this act, but may be access for the purpose of audit and examina FILE REPORT ON HOUSE RESOLU allowed travel expenses as provided in the tion to any books, documents, papers, and TION 382 UNTIL MIDNIGHT TO preceding sentence. records of Radio Free Europe and Radio MORROW FUNCTIONS Liberty which 1n the opinion of the Board SEc. 4. (a) The Board is authorized: or the Comptroller General may be related Mr. O'NEILL. Mr. Speaker, I ask unan ( 1) To make grants to Radio Free Europe or pertinent to the assistance provided under imous consent that the Committee on and to Radio Liberty in order to carry out this Act. Government Operations have permission the purposes set forth in Section 2 of this ROLE OF THE SECRETARY OF STATE to file a report on House Resolution 382 Act; SEc. 6. To assist the Board in carrying out until midnight tomorrow night. (2) To review and evaluate the mission its !unctions, the Secretary of State sha.ll The SPEAKER. Is there objection to May 24, 1973 CONGRESSIONAL RECORD- HOUSE 16891 the request of the gentleman from Mas " (a) GENERAL PROVISION .-Except as Guam, the District of Columbia, the terri sachusetts? otherwise provided in this section, the tories or possessions of the United States or There was no objection. United States share of allowable project political agencies of two or more States) costs payable on account of any approved owning or operating an airport from levying airport development project submitted under or collecting reasonable rental charges, land CONFERENCE REPORT ON S. 38, AIR section 16 of this part may not exceed- ing fees, and other service charges from "(1) 50 per centum for sponsors whose aircraft operators for the use of airport PORT DEVELOPMENT ACCELERA airports enplane not less than 1 per centum facllities. TION ACT OF 1973 of the total annual passengers enplaned by " (c) In the case of any airport operating Mr. STAGGERS submitted the fol air carriers certificated by the Civil Aero authority which- nautics Board; .and " (1) has an outstanding obligation to re lowing conference report and statement "(2) 75 per centum for sponsors whose pay a loan or loans of amounts borrowed on the bill (S. 38) to amend the Airport airports enplane less than 1 per centum of and expended for airport improvements; and Airway Development Act of 1970, as the total annual passengers enplaned by air "(2) is collecting without air carrier assist amended, to increase the U.S. share of carriers certificated by the Civil Aeronau ance, a head tax on passengers in air trans allowable project costs under such tics Board and for sponsors of general avia portation for the use of its facilities; and act, to amend the Federal Aviation tion or reliever airports."; and "(3) has no authority to collect any other Act of 1958, as amended, to prohibit (2) by adding at the end thereof the fol type of tax to repay such loan or loans, certain Stat-e taxation of persons in air lowing new subsection: the provisions of subsection (a) shall not commerce, and for other purposes: " (e) SAFETY CERTIFICATION AND SECURITY apply to such authority until December 31, EQUIPMENT.- 1973.". CONFERENCE REPORT (H. REPT. No. 93-225) .. ( 1) To the extent that the project cost (b) That portion of the table of contents The committee of conference on the dis of an approved project for airport develop contained in the first section of such Act agreeing votes of the two Houses on the ment represents the cost of safety equipment which appears under the· center heading amendment of the House to the bill (S. 38) required by rule or regulation for certifica "TITLE XI-MISCELLANEOUS" to amend the Airport and Airway Develop tion of an airport under section 612 of the ment Act of 1970, as amended, to increase the Federal Aviation Act of 1958 the United is amended by adding at the end thereof the U.S. share of allowable project costs under States share may not exceed 82 per centum following: such Aot, to amend the Federal Aviation Act of the allowable cost thereof with respect "Sec. 1113. State taxation of air commerce.". of 1958, as amended, to prohibit certain State to airpo.rt development project grant agree And the House agree to the same. taxation of persons in air commerce, and for ments entered into after May 10, 1971. . HARLEY 0. STAGGERS, other purposes, having met, after full and "(2) To the extent that the project cost JOHN JARMAN, free conference, have agreed to recommend of an approved project for airport develop BROCK ADAMS, and do recommend to their respective Houses ment represents the cost of security equip DAN KUYKENDALL, as follows: ment required by the Secretary by rule or DICK SHOUP, That the Senate recede from its disagree regulation, the United States share may not Managers on the Part of the House. ment to the amendment of the House and exceed 82 per centum of the allowable cost WARREN G. MAGNUSON, agree to the same with an amendment as thereof with respect to airport development HOWARD W. CANNON, follows: project grant agreements entered into after PHILIP A. HART, In lieu of the matter proposed to be in September 28, 1971.". NORRIS COTTON, serted by the House amendment insert the SEc. 6. The first sentence of section 12(a) JAMES B. PEARSON, following: of the Airport and Airway Development Act Managers on the Part of the Senate. That this Act may be cited as the "Airport of 1970 (49 U.S.C. 1712(a)) is amended by Development Acceleration Act of 1973". striking out "two years" and inserting in JOINT EXPLANATORY STATEMENT OF THE SEc. 2. Section 11 (2) of the Airport and lieu thereof "three years". COMMITTEE OF CONFERENCE Airway Development Act of 1970 ( 49 U.S.C. SEc. 7. (a) Title XI of the Federal Avia The managers on the part of the House 1711) is amended by inserting immediately tion Act of 1958 is amended by adding at the and Senate at the conference on the disagree after "Federal Aviation Act of 1958," the end thereof the following new section: ing votes of the two Houses on the amend following: "and security equipment required "STATE TAXATION OF AIR COMMERCE ment of the House to the blll S. 38 to amend of the sponsor by the Secretary by rule or "SEc. 1113. (a) No State (or political sub the Airport and Airway Development Act of regulation for the safety and security of division thereof, including the Common 1970, as amended, to increase the United persons and property on the airport.". weaLth of Puerto Rico, the Virgin Islands, States share of allowable project costs under SEc. 3. (a) Section 14(a) of the Airport and Guam, the District of Columbia, the terri such Act, to amend the Federal Aviation Act Airway Development Act of 1970 (49 U.S.C. tories or possessions of the United States or of 1958, as amended, to prohibit certain State 1714 (a)) , 1s amended- political agencies of two or more States) taxation of peroons in air commerce, and for (!) by striking out "1975" in paragraph shall levy or collect a tax, fee, head charge, other purposes, submit the following joint (1) and inserting in lieu thereof "1973, and or other charge, directly or indirectly, on statement to the House and the SenBite in ex $275,000,000 for each of the fiscal years 1974 persons traveling in atr commerce or on the planation of the effect of the action agreed and 1975"; and carriage of persons traveling in air commerce upon by the managers and recommended in (2) by striking out "1975" in paragraph or on the sale of air transportaltion or on the the accompanying conference report: (2) and inserting in lieu thereof "1973, and gross receipts derived therefrom; except that The House amendment struck out all of the $35,000,000 for each of the ftscal years 1974 any Stwte (or political subdivision thereof, Senate blll af·ter the enacting clause and in and 1975". including the Commonwealth of Puel'lto Rico, serted a substitute text and the Senate dis (b) Section 14(b) of the Airport and Air the Virgin Islands, Guam, the District of Col agreed to the House amendment. way Development Act of 1970 (49 U.S.C. umbia, the territories or possessions of the The committee of conference recommends 1714 (b) ) is amended- United States or political agencies of two that the Senate recede from its disagreement ( 1) by striking out "$840,000,000" in the or more States) which levied a tax, fee, head to the amendment of the House, with an first sentence thereof and inserting in lieu charge, o.r other charge, direotly or indirect amendment which is a substitute for both thereof "$1,460,000,000"; ly, on persons traveling in air commerce or the Senate bill and the House amendment. (2) by striking out "extend beyond" in on the carriage of persons tr;weling in air The differences between the Senate bill, the second sentence thereof and by insert commerce or on the sale of air transporta the House amendment, and the substitute ing in lieu thereof "be incurred after"; and tion or on the gross receipts derived there agreed to in conference are noted below. (3) by striking out "and" in the last sen from prior to May 21, 1970, shall be exempt tence thereof and inserting immediately Unless otherwise indicated, references to before the period ", an aggregate amount from the provisions of this subsection until provisions of "existing law" contained in this exceeding $1,150,000,000 prior to June 30, December 31, 1973. joint statement refer to provisions of the Air 1974, and an aggregate amount exceeding "(b) Nothing in this section shall prohibit port and Airway Development Act of 1970. a State (or political subdivision there.of, in STATE TAXATION OF AIR COMMERCE $1,460,000,000 prior to June 30, 1975". cluding the Commonwealth of Puerto Rico, SEC. 4. Section 16(c) (1) of the Airport the Virgin Islands, Guam, the District of Senate Blll and Airway Development Act of 1970 (49 Section 7 of the Senate bill provided for a U.S.C. 1716(c)) is amended by inserting in Columbia, the territories or possessions of the United States or political agencies of permanent prohibition against the levy or the last sentence thereof "or the United collection of a tax or other charge on peroons States or an agency thereof" after "public two or more States) from the levy or collec agency". tion of taxes other than those enumerated traveling in air commerce, or on the carriage SEc. 5. Section 17 of the Airport and Air in subsection (a) of this section, including of persons so traveling, or on the sale of air way Development Act of 1970 (49 U.S.C. property taxes, net income taxes, franchise transportation or on the gross receipts derived 1717) relating to United States share of taxes, and sales or use taxes on the sale therefrom, by any State or political subdivi project costs, is amended- of goods or services; and nothing in this sion thereof (including the Commonwealth ( 1) by striking out subsection (a) of section shall prohibit a State (or political of Puerto Rico, the Virgin Islands, Guam, the such section and inserting in lieu thereof subdivision thereof, including the Common District of Columbia, the territories or pos the following: wealth of Puerto Rico, the Virgin Islands, sessions of the United States, or political 16892 CONGRESSIONAL RECORD- HOUSE May 24, 1973 agencies of two or more States). There were billion the authority of the Secretary of WIOUld be determined by the total number two exemptions from this prohibition. Transportation to incur obligations to make of passengers enplaned for all airports op First, any State which levied such charges airport development grants: erated by the same sponsor. before May 21, 1970, would be exempt from (2) to provide a corresponding increase Conference Substitute the prohibition until July 1,1973. from $840 million to $1.68 billion in the The conference substitute follows the Second, any airport operating authority authority of the Secretary to liquidate such House amendment in providing that the which (1) has an outstanding obligation to obligations and provide that not more than Federal share o! allowable }»'Oject costs may repay money borrowed and expended for $1.26 billion in such obligations could be not exceed 50 or 75 percent, as the case may airport improvements, (2) has collected a. liquidated before June 30, 1974, and not be with respect to any given airport devel head tax on air passengers, without carrier more than $1.68 billion in such obligations opment grant. assistance, for the use of its fac111ties, and could be liquidated before June 30, 1975; The conference substitute follows the Sen (3) has no authority to collect any other type and ate bill in providing that the Federal share of tax to repay the loan, would be exempt (3) to extend from June 30, 1975, to will be determined by the total number Oif from the prohibition until July 1, 1973. June 30, 1978, the authority of the Secretary passengers enplaned for all airports operated The Senate btll also provided that the pro to liquidate obligations incurred before by the same sponsor, except that the lan hibition would not extend to the levy or July 1, 1975. guage of the Senate b111 was mod.ified to collection of other taxes, such as property House Amendment make it clear that the Federal share allow taxes, net income taxes, franchise taxes, and The House amendment was substantially able for a p!roject would be determined by sales or use taxes, nor to the levy or collec the same as the Senate bill, except that- the total number of passengers enplaned for tion of other charges such as reasonable (1) the authority of the Secretary to incur all air carrier airports operated by the same rental charges, landing fees, and other serv obligations was increased from $840 million sponsor and that sponsors of general aviation ice charges from aircraft operators for the to $1.4 btllion; or reliever airports (which have no passenger use of airport facillties. (2) the authority to liquidate obligations enplanements by certificated air carriers) House Amendment was increased by a similar amount, from will be eligible to receive a Federa.l share of The House amendment was substantially $840 million to $1.4 btllion, with the limita 75 percent without regard to the number of the same as the Senate bill, except that the tion that not more than $1.12 billion in such such passenger enplanements at air carrier exemptions from the prohibition against the obligations could be liquidated before June airports operated by the same sponsor. levy and collection of the so-called airline 30, 1974, and not more than $1.4 billion in EQUIPMENT FOR SAFETY CERTIFICATION AND passenger head taxes was extended from such obligations could be liquidated before SECURrrY EQUIPMENT July 1, 1973, to December 31, 1973, and the June 30, 1975; and Senate Blll exemption with respect to jurisdictions (3) there was no extension of authority to liquidate obligations after June 30, 1975. Paragraph (2) of section 5 of the Senate which impose such charges before May 21, blll added a new subsection (e) to section 17 1970, was limited to those which levied and Conference Substitute of existing law to provide that the United collected such charges rather than those The conference substitute amends section States share of allowable project costs of an which merely levfed, such charges. 14(b) of existing law- approved project shall be- Conference Substitute ( 1) to increase from $840 million to $1.46 (1) 82 percent of that portion which repre The conference substitute follows the billion the authority of the Secretary of sents the cost of safety equipment required House amendment in extending to Decem Transportation to incur obligations to make for airport certification under section 612 of ber 81, 1973, the exemptions from the pro airport development grants; the Federal Aviation Act of 1958 and in hibition against the levy and collection of (2) to provide a. corresponding increase curred under a grant agreement entered into the so-called airline passenger head. taxes, from $840 million to $1.46 billion in the after May 10, 1971; and and follows the Senate bill in extending the authority of the Secretary to liquidate such (2) 82 percent of that portion which repre exemptions to jurisdictions which levfed such 6bligations and provide that not more than sents the cost of security equipment required taxes before May 21, 1970, rather than limit $1.15 billion in such obligations can be by rule or regulation of the Secretary of ing the exemptions to those which levted, and liquidated before June 30, 1974, and not more Transportation and incurred under a grant collected such taxes before such date. than $1.46 btllion in such obligations can be agreement entered into after September 28, AIRPORT AND AIRWAY DEVELOPMENT PROGRAM liquidated before June 30, 1975; and 1971. (3) to extend from June 80, 1975, to Under existing law, such costs would be gov Annual authorizations for airport develop June 30, 1978, the authority of the Secretary ment grants erned by the general provision that the to liquidate obligations incurred before United States share may not exceed 50 per Senate Bill July 1, 1975. cent. Section 3(a) of the Senate btll amended UNITED STATES SHARE OF PROJECT COSTS Section 2 of the Senate blll also amended section 14(a) of existing law- In general section 11 (2) of existing law, relating to the ( 1) to increase the minimum annual au Senate Blll definition of "airport development", to spec thorization for airport development grants to ify that required security equipment is a air carrier and reliever airports from $250 Paragraph (1) of section 5 of the Senate part of airport development. bill amended section 17(a.) of existing law to million per year to $375 mtllion per year for House Amendment each of the fiscal years 1974 and 1975; and provide that the United States share of al (2) to increase the minimum annual au lowable project costs of any approved project The House amendment was the same as thorization for ai·rport development grants to shall be- the Senate blll except that it provided that general aviation airports from $30 million ( 1) 50 percent for sponsors whose airports the Federal share may not exceed 82 percent per year to $45 mUllan per year for each of enplane not less th!lln one percent of the an of the allowable costs of safety equipment the fiscal years 1974 and 1975. nual total of passengers enplaned by all cer required for airport certification and 82 per cent of the costs of security equipment. House Amendment tificated air carriers {large hubs); and (2) 75 percent for sponsors whose airports Conference Substitute No provision. Existing law contains mint enplane less than one percent of the annual mum annual authorizations for each fiscal The conference substitute is the same as total of passengers enpila.ned by all certifi the House amendment. year 1974 and 1975 of $250 million per year cated air carriers (medium hubs, small hubs, for air carrier and reliever airports and $30 TEB.MINAL FACILrriES non-hubs, a.nc1 general aviation airports). million per year for general aviation airports. Senate Blll Under existing law, the United States share Conference Substitute The Senate blll contained three provi may not exceed, 50 percent, reg!lll'dless of the sions designed to make airport terminal fa The conference substitute follows the Sen passenger enplanements. ate bill except that-- cll1ties ellgible for Federal financial assist (1) the minimum annual authorization for F.£ouse Amendment ance. These provisions amended section 11 airport development grants to air carrier and Section 5 Oif the F.£ouse amendment was (2) of existing law (relating to the defi reliever airports is increased from $250 mil substantially the same as the Senate bill nition of "airport development"), section 17 lion per year to $275 m111ion per year for except that-- (relating to United States share of project each of the fiscal years 1974 and 1975; and ( 1) the Federal share may not exceed 50 costs), and section 20(b) (relating to costs (2) the minimum annual authorization for percent with respect to airports classified not allowed) . airport development grants to general avia as large hubs and may not exceed 75 percent Under these provisions, airport develop tion airports is increased from $30 million per for smaller airports, and ment would include the construction, altera year to $35 million per year for each of the (2) the language relating to the Federal tion, repair, or acquisition of airport pas fiscal years 1974 and 1975. share allowable on account of any approved senger terminal buildings or fac111ties direct Obligational authority for airport develop airport development project was modified ly related to the handling of passengers or ment grants to make it clear that the amount allowable their baggage at the airport and the United Senate Btll for a. project would be determined by the States share would be 50 percent of the al Section 3(b) of the Senate bill amended number of passengers enplaned !lit the airport lowable cost thereof. section 14(b) of existing law- with respect to which the gl'a.nt is made. Under existing law such facilities are not. ( 1) to increase from $840 million to $1.68 Under the Senate bill, the Federal share eligible for Federal financial assistance. May 24, 1973 CONGRESSIONAL RECORD-HOUSE 16893 House Amendment have until midnight Saturday to file a tution and one that will survive, one that No provision. report on H.R. 7806. will continue to play a vital role in the Conference Substitute · The SPEAKER. Is there objection to months and years ahead. The provisions of the Senate bill relating the request of the gentleman from West Let me say th·at in the interim between to terminal facilities are omitted from the Virginia? last year and this year we have had sev conference substitute. There was no objection. eral innovations as to how we operate the AmPORT DEVELOPMENT House. Under the circumstances I do not Senate Bill know how we can demonstrate our new Section 2 of the Senate b111 amended the RECESS mechanical equipment. Certainly it definition of the term "airport development" The SPEAKER. Pursuant to the au would be interesting to you. Perhaps contained in section 11 (2) of existing law thority granted the Speaker on Wednes either later today or on some other occa to include language relating to the construc sion you can see the computer equipment, tion of terminal facilities and to security day, March 7, 1973, the Chair declares a the voting equipment, which, despite the equipment required by rule or regulation recess subject to the call of the Chair to apprehension of some, including myself, for the safety and security of persons and receive the former Members of the property on the airport, discussed above in House of Representatives. in my opinion is a great improvement. this joint statement. Accordingly (at 12 o'clock and 34 min On occasion it has not worked, but other It also added language providing that the utes p.m.) , the House stood in recess than that, it has been a very fine addi acquisition, removal, improvement, or repair tion to the setup here in the House of of navigation fac111ties at airports would be subject to the call of the Chair. Representatives. a part of "airport development" and thus Let me conclude simply by saying that eligible for Federal aid. this is your day, not ours, so I shall termi In addition, this section revised the lan RECEPTION OF FORMER MEMBERS nate. I welcome you and wish you the guage of the definition to make several tech OF CONGRESS nical changes designed to clarify existing law very best today, and until a year from consistent with current practices under the The SPEAKER of the House presided. now. airport development program. In doing so, The SPEAKER. On behalf of the Chair The SPEAKER. The Chair recognizes however, the Senate bill inadvertently omit and the Chamber, I consider it a high the gentleman from Minnesota Oklahoma. the people, and replaceable by the people these years 34 have passed on. J. Floyd Breeding, Kansas. every 2 years or 6 years; rather than bY Mr. Speaker, with your permission, John W. Bricker, Ohio. appointees whose identities, backgrounds, I should like to read the names of the Lawrence Burton, Utah. views, habits, and character the public 17 who have passed away since we-were John W. Byrnes, Wisconsin. does not know anything about-until the here a year ago. We stood in honor of Joseph L. Carrigg, Pennsylvania. facts about their qualifications and char their memory in our business meeting Joseph E. Casey, Massachusetts. acter become known when sometimes it earlier today. FrankL. Chelf, Sr., Kentucky. is too late. The SPEAKER. The gentleman from W. Sterling Cole, New York. In addition to maintaining our friend Minnesota may place the names in the Harold D. Cooley, North Carolina. ships and as former Members, and to en RECORD. William C. Cramer, Florida. abling us to keep a little closer to affairs Mr. JUDD. Mr. Speaker, I begin, of Francis E. Dorn, New York. of state, we hoped we might be able to course, with a former distinguished Clyde T. Ellis, Arkansas. help the people of our country to have Member of both this body and the other Homer Ferguson, Michigan. a better understanding and appreciation body, and who went on to become the John Foley, Maryland. of the work and importance of the House President of the United States, the J. Allen Frear, Jr., Delaware. of Representatives and the U.S. Senate. Honorable Lyndon B. Johnson of Texas. Nick Galifianakis, North Carolina. Those of us who visit the colleges today Mr. Speaker, I checked in the Library Edward E. Garmatz, Maryland. know there is very little understanding of of Congress and found that of the 37 men G. Elliott Hagan, Georgia. how a democratically controlled legisla who became President of the United Robert Hale, Maine. tive body operates. Many of the profes States, 22 had served in one House or John R. Hansen, Iowa. sors of political science, economics, and the other, and 9 of them had served in William Henry Harrison, Wyoming. international relations have knowledge both Houses, including, for example, An Brooks Hays, Arkansas. based largely on reading each other's drew Jackson and Andrew Johnson. Don Hayworth, Michigan. books. They and their students could Three of those nine were our last three Pat Hillings, California. learn a lot from the experience of per Presidents, President Kennedy, Presi Earl Hogan, Indiana. sons who are no longer in public office dent Johnson, and President Nixon. Evan Howell, Illinois. but who have been in prior to 1973. Those of our Members who have Allan 0. Hunter, California. So m"'nY things that are done here passed away in the last year are: W. Pat Jennings, Virginia. may look to the outsider as if we are sell Lyndon B. Johnson of Texas. August E. Johansen, Michigan. ing out our principles or are making im William H. Benton of Connecticut. Calvin D. Johnson, Illinois. proper compromises. Every one of us Oliver P. Bolton of Ohio, whose moth- Jed Johnson, Jr., Oklahoma. knows that those who are in the minority er and father, as the Members know, Walter H. Judd, Minnesota. are U.S. citizens as well as those in the were both Members of this House. His Frank M. Karsten, Missouri. majority and that the give and take is mother, Mrs. Bolton, planned to be here James Kee, West Virginia. what protects their rights while enabling today, but illness in her family prevented Hastings Keith, Massachusetts. our country and our Government to go her coming. Frank Kowalski, Connecticut. ahead on a fairly even keel despite the Senator Prescott S. Bush of Connecti Christopher C. McGrath, New York. ups and downs that inevitably occur now cut. Clifford D. Mcintire, Maine. and then. Henderson H. Carson of Ohio. Hervey G. Machen, Maryland. One major objective of Former Mem Senator Guy M. Gillette, of Iowa, a George Meader, Michigan. bers of Congress is to record oral histories former Member both of the House and Chester L. Mize, Kansas. of our legislators, particularly those who of the Senate. Walter H. Moeller, Ohio. have been involved in what has happened Karl M. LeCompte, of Iowa. JohnS. Monagan, Connecticut. in this country in the last eventful and Franklin H. Lichtenwalter of Pennsyl- Thomas G. Morris, New Mexico. historymaking 50 years; to get it down vania. Abraham J. Multer, New York. on tape and made available to the his Senator Edward V. Long of Missouri. F. Jay Nimtz, Indiana. torians and scholars and students of gov Thomas W. Miller of Delaware. Maston E. O'Neal, Georgia. ernment. Philip J. Philbin of Massachusetts. Frank C. Osmers, Jr., New Jersey. It is already too late to get some of Robert Ramspeck of Georgia. He was William T. Pheiffer, New York. these. Sam Rayburn is gone; and not an original member of FMC board of di Howard W. Pollock, Alaska. much happened in his almost 50 years in rectors. He introduced the Democratic David M. Potts, New York. Congress that he was not a part of. Carl Members at our reunion here last year. Stanley A. Prokop, Pennsylvania. Hayden of Arizona and Joe Martin of When he passed away last September, a Charlotte T. Reid, Illinois. Massachusetts are gone. We cannot get member of his family told me he had R. Walter Riehlman, New York. their recollections. But there are many considered it one of the greatest satis Kenneth Roberts, Alwbama. still living who served from 10 to 50 years factions of his life to be in charge on the John M. Robsion, Jr., Kentucky. in these bodies. Emanuel Celler of New Democratic side of this House on that Byron Rogers, Colorado. York planned to be here and speak today occasion. Harold Ryan, Michigan. but he had to send word at the last min Jeannette Rankin of Montana. Byron N. Scott, California. ute that he is not well and could not George Sarbacher, Jr., of Pennsyl Fred Schwengel, Iowa. make it. Howard Smith of Virginia vania. Amistead I. Selden, Jr., Alaban1a. wanted to come today but he said he is Ralph T. Smith, of Illinois, a former Carlton Sickles, Maryland. 90 years old and if the weather is bad, as Senator. Alfred D. Sieminski, New Jersey. it is today, he cannot come. But we need Thomas Stewart, of Tennessee, a for William L. Springer, Illinois. to get his recollections on the record. mer Senator. W. Walter Stauffer, Pennsylvania. -It will be too bad for the future of our Maurice H. Thatcher, of Kentucky, the Lera Thomas, Texas. country if we fail to get on the record gentleman who spoke to us last year at Clark W. Thompson, Texas. the knowledge of our system of govern the age of 102. James E. VanZandt, Pennsylvania. ment and its operations y;hich is in the The SPEAKER. The Clerk will call the Albert L. Vreeland, New Jersey. minds of these and many other distin guished former Members. For example, roll of Members at this time. George Wallhauser, New Jersey. our beloved former Speaker John Mc- The Clerk called the roll, and the fol Fred Wampler, Indiana. Cormack of Massachusetts. lowing Members answered to their Phillip Weaver, Nebraska. These are some of the things which names: J. Irving Whalley, Pennsylvania. Former Members of Congress--FMC-as James C. Auchincloss, New Jersey. Basil Lee Whitener, North Carolina. we call it, was organized to do. We are Walter Baring, Nevada. The SPEAKER. Eighty Members have 3 years old. We have about $11,000 in Robert R. Barry, New York. answered to their names. our treasury. We have 393 members Ross Bass, Tennessee. The gentleman from Minnesota yields as of today; 434 former Members of the Catherine May Bedell, Washington. to the gentleman from Arkansas. May 24, 1973 CONGRESSIONAL RECORD- HOUSE 16895 Mr. HAYS of Arkansas. Mr. Speaker, were greeted by the distinguished minor So I present to you one who has served it was only 2 years ago that we held our ity leader \Mr. FORD) who is still with us, in both Houses in a very distinguished first reunion in this Chamber. I recall and there is a certain symbolism here be way, the able and popu1ar Ross Bass of at that time that the Speaker is greet cause on the same occasion our beloved Tennessee. ing us very graciously and hopefully friend Hale Boggs, whose tragic death we The SPEAKER. The gentleman from predicted that it would become an annual will always mourn, made a prediction Tennessee. custom, and since this is the third year similar to that which the Speaker of Mr. ROSS BASS. Mr. Speaker, when in which the ceremony has been ob fered. my friend the gentleman from North served, it appears that it will become I do not intend to dwell upon the past, Carolina was here in the House, from permanent. F'or that, speaking for all the but you are entitled to know something Arkansas, we called him the "Pope of the Members on both sides of the aisle, I am about a movement we believe is historic. Baptist Church." We weighed him in in sure I can say that this comes with a We are taking a quick backward glance watermelons. great spirit of gratitude on our part. at what we have done in the 2 years. Gentlemen and ladies of the House, I want also to say a word in praise of Oliver Wendell Holmes was right that former Members and present Members, Congressman Judd, my longtime friend "the continuity of history is not only a it is a real pleasure for me to be back to and colleague, for the gracious way in duty; it is a necessity." address you. which he has worked with me. I was We can take pride in some of the I was given an impossible assignment. chosen as the first president after a year things we have done, and we propose to I was assigned the task of speaking on of co-chairmanship with him. He has do more in the future, to acquaint the behalf of the Democrats from the Senate. done a remarkable job in the 14 months people of this Nation with the signifi I can guarantee you that is impossible, that he has served as our President. cance of the service of their Congress. first of all because my time is limited and Mr. Speaker, there are two sources of There will always be a Congress, but second because every Senator that I embarrassment for me. One is that I there are occasions when faith in our have ever known wishes to speak for him have not been recognized by some of institutions falters. We are determined self and usually does at some length. my colleagues, and I must make them to do our part to guard well the great re Anyway, it is a real pleasure for me to feel easier about it. I do not want any sources, intellectual and moral resources, come back to this great Chamber to visit embarrassment on that point. I have which have been accumulated over the with my former colleagues and with the grown some new hair. It is a hair piece, years. That is one reason why former present Members of the House. I do not and what God hath not wrought I went Members of Congress are in business. think there is any higher honor that can out and bought. Since our time is limited, I move now come to any man than to sene in these The other source of embarrassment is to the great pleasure of presenting our hallowed Halls and to have the privilege something that disturbed Lew Deschler, first speaker from the Democratic side, of this great forum and the privilege of and he is seldom up against a tough ques one of the Members who served in the serving the Speaker. tion. He generally knows the answers. I House and also in the Senate. He comes Now, for fear of dating myself or for could say he is an expert, except that I from a State which was also once my fear of being classified as an older gen am not in a we of experts after the din home. For 2 years I served as one of the tleman, I would like to reminisce for just ner conversation in which Mrs. Emily directors of the Tennessee Valley Au a moment and recall one or two of the Post was seated next to a man, her din thority. funny experiences I had here or I heard ner partner who had just met her. He It is easy for me to be bipartisan, be here, and maybe one or two of the tragic said, "You are Mrs. Post?" She said, cause President Eisenhower wanted me ones. "Yes." He said, "Mrs. Emily Post?" She to have that assignment, and I accepted I was reminded today when I saw a said, "Yes." He said, ''Well, Mrs. Post, you it, and I then spent 2 happy years in gentleman come into the Former Mem are eating my salad." Knoxvil:e. bers' meeting of this, which is one of the I would say in support of Lew De I did tell President Eisenhower about funniest speeches I ever heard on the schler's status, that he comes as close to a little lady who voted in 1956. She was floor of the House, but one which is very being an expert as anyone I know, but asked, "How did you vote?" She said, "I true. he was troubled about whether to list me voted for Ike and Brooks, I never split It was during debate on a veterans' bill, from Arkansas or from North Carolina, a ticket." I asked him which one of us and, of course, it was sort of sacred tha.t and that is understandable. I served 16 had confused her. when a veterans' bill came up, you voted happy years in the House from the State This, I think, illustrates the fact that for it. This gentleman got up in opposi of Arkansas. North Carolinians, and my we are trying very much to be bipartisan. tion to the veterans' bill, and he said, present home is in North Carolina, are Ross Bass is my friend. He happens to "I know it is going to shock you, but I accustomed to hearing my reference to be Methodist; and he is always asking am against this because it is a veterans' Arkansas as my beloved native State. The me for a Baptist story. I do not know why benefit.'' He said, "I am a veteran, and," · Arkansans are interested always in my he would ask for any other kind; he will he said, ''when I was inducted ir:to World reference to North Carolina as my be get a Baptist story, of course. War II, I lost my job, I lost my home, and loved adopted State. But as I told my The only thing I can offer now is of a I lost my wife." But, he said, "I now have fellow Tarheels not long ago, it is very Mississippi editor who said, when Mr. a better house, a better job, and a better easy for me to feel at home in North Eisenhower appointed me: wife, and none of them were veterans' carolina, having come from Arkansas, We do not know how much Mr. Hays benefits." for the gentle Ozark hills slope so grace knows about navigation or flood control or So these are some of the things we fully eastward toward the Mississippi as hydroelectric power production, but we wm remember. our mighty mountains descend so grad say this, that the Baptism now have access I think one of the most tragic ones I ually to the sea. to the largest baptismal pool in all the heard points up to me the value of a Ain't that pretty? world. Member of Congress and the value of his I do not use that any more because I These are happy recollections for me. ability and the respect with which he is ran across a line, and many have heard I am glad that Ross Bass is here. He held by his colleagues. me say this, from Walter Hines Page's served as a private in the infantry in I remember a very able Member of this writing. He said: World War II. He was born during the body was explaining his bill one day-he Next to fried foods the Soutl:. has suffered month I was being recruited for service was the chairman of a subcommittee most from oratory. in the First ·world War. I salute the man who became a cap and during the course of the debate an I do however acknowledge my resi tain in the Air Force, transferring to other Member got up and asked him a dence in North Carolina because of my that service, and won the Air Medal and question, and then the chairman of the pride in the State I have come to love the Oak Leaf Cluster. subcomimttee answered the question and after 5 years teaching at Wake Forest He came to the Congress in 1955 with answered it correctly. University. these high honors in military service, The gentleman who was asking the I would like to add, in addition to my and he served for almost 10 years in question said, "How do I know that I acknowledgment of thanks to the Speak this body. He succeeded Estes Kefauver can believe this man?" He said, "After er, a reminder that 2 years ago we in the other body. all, he is not a Ia wyer. I understand 16896 CONGRESSIONAL RECORD-HOUSE May 24, 1973 that before he came to Congress he was We had ordered dinner, and with it my Republican Senators the Honorable John just a bricklayer." party ordered a little delicacy that was Bricker of Ohio. I have never known such a quiet to in shortage, I guess, at this restaurant. Senator Bricker served in World War I. come over the body as it did that day. The maitre d' greeted me with Senator He is a graduate of Ohio State University, What I am saying to you is this: That this and Senator that but before that I both from its liberal arts college and its there have been bricklayers, there have had to stand in line to get a table. I was law school. He was attorney general of been plumbers, there may have been served this delicacy, and in a few mo the State of Ohio, Governor of the State janitors. There have been men and wo ments one of my colleagues from the of Ohio, Republican candidate for Vice men from every walk of life in this great House came up and spoke to me and saw President in 1944, and a U.S. Senator for Nation of ours, but I have never known what we were eating. He said, "How did two terms, from 1947 to 1959. a man who has been in this body who did you get that?" He had been there be Senator Bricker. not have some qualification and some fore I was, and he said, "I ordered it Mr. BRICKER. Mr. Speaker. thing to contribute. As a result of that and they told me they were out of it." I The SPEAKER. The gentleman from service, my life has been richer for hav said, "Captain, can you get my friend Ohio is recognized. ing served here. the Congressman some of this delicacy?" Mr. BRICKER. Thank you very much, I remember one of the shocks that "Oh, yes, Senator. If you wish it, we will Dr. Judd. I got while I was here. After the House get it for you." For the first time I have the privilege voted itself an increase in salary-! be Well, what I am trying to say to you of speaking from this floor. It is a rare lieve it was early in 1955, perhaps in is this: We are the same person, and so opportunity that I have, and one that I March-I walked back into the cloak forth, and we get the same salary and never thought would occur. However, it room and sat down, and in a moment we do the same job, but I was impressed is a delight to be here, Mr. Speaker, in WILBUR MILLS came back and ha pointed not because I wanted to be but because your midst, and reminisce a little bit and me out, and in a kidding tone he said, of the fact that there are sometimes perhaps make a suggestion or two that "If there ever was a one-termer, Ross veiled differences that should not exist I may have. Bass is a one-termer." between the Members of one body and As a former Member of the Congress, He said, "He comes to Congress, and the other. I recall one time in 1917 when I drove the first thing he does is to vote to give The other thing we miss most when we former President Taft over to Camp the President the authority to declare leave here-and some of you will be Sherman where he was speaking to the war; the second thing he does he votes il'ealizing this soon and some of you various regiments assembled there, and for giving the authority to draft the men sooner than you think-is the fact of a we were talking about various things, to fight the war; and then, because he flat forum f1·om which to express our and he said that a former President of thinks ~e has done such a good job, he opinions on the various issues of the the United States has no more power or votes himself an increase in salary." He day. It is very difficult for us to refrain authority than the King of England, says, "There is no way he can survive." from expressing our attitudes about cur and a former Member of the Congress You know, I almost thought he was rent events. I certalnly do not intend to has even less than that. right. But anyway I survived, and then do this today. But, Mr. Speaker, we have been trying one day I decided that I would cross over However, I do want briefly to make this to study and develop some ways in which to the other body, if possible. observation about the Congress of the we could be of service because of our I was then reminded of a statement United States during this period in our experience. I only want to mention one that Speaker Rayburn made to me one history. I want to commend ·t;he leader or two things. time, sitting out here where many of us ship of the House and the Senate, the First of all, all of the papers that were have talked. We were talking about a responsible leaders, for the way that in my office, uncensored, were filed in colleague of ours who had decided to they are handling the situation exist the Historical Society Museum in my run for the Senate, and Speaker Ray ing in our country today. I want to com home State, and there is not a day that burn said to me-! will never forget it mend them for the rationale with which passes that I do not receive a request "Ross, that is the longest 528 feet in the they have handled themselves and the that someone might examine those pa world." sensibility of their statements and the pers, particularly two or three, and I AnYWay I made that trek, and I want nonpartisan attitude adopted by the have always been glad to grant these re to tell you I learned that there is no Congress in providing leadership in these quests. The papers have been used rather similarity in the two bodies except the serious times. extensively. salary, which is identical. And I soon I have one other comment. I think one I am happy to say that one of the re learned that what I had learned in the of the disappointments I have had quests was from a president of a univer House served me not at all in the Senate. recently since I left here was reading sity in my State. I had to forget that there was such a in the press that the prestige of the In the second place, our experiences thing as the kind of ruies that Lew Congress or the influence of the Congress can be valuable to young people who are Deschler interprets for us and that the versus the other branches was declining. the hope of tomorrow. About twice in Speaker interprets. Over there the rules I do not buy that and I am glad to see each quarter at Ohio State University, are rather loose, and we are allowed a that the Congress is asserting itself and where I was for a long time a member little more flexibility for talking and continuing the leadership necessary in of the board of trustees, I appear before saying what we want to. the affairs of our country. a joint class in political science, and one However, I am going to try to abide by Mr. Speaker, thank you for your in American history. It has been a great House rules today and limit my remarks generosity and the generosity of this privilege to me. I have gotten more out and be as brief as I can. body in allowing us the privilege of com of it than they have. I talk for about 15 I want to say to you the minute you ing back here and visiting once again. minutes,. and then open up the meeting get over there, there is some kind of I yield back the balance of my time. for questions from the members of those thing that happens. I do not know what The SPEAKER. May the Chair advise classes. And for one hour we have an ex it is, but I guess you become more im the former members that the Chair had perience that is really and truly a thrill portant to yourself and certainly you set aside this time in the middle of a become more important to your constit legislative day. The Chair on his own ing one. uents and personal friends and people initiative is going to extend that time to I hope that in doing so it contributes you have known before. When you met 1:45. He cannot extend it further and something, and I offer it as a suggestion them on the street they used to call you would appreciate the cooperation of only to those who join with me. Ross, but now they call you Senator. You those in charge of the time. I shall never forget a prayer that Peter may have been on a first-name basis Mr. JUDD. I thank the Speaker for Marshall, a great man of God, offered in with your staff, but immediately you be this additional time, and I am sure the Senate. He s·aid, "God, give us a man come Senator. Good or bad it happens. our speakers will adhere to that time date a little higher than a ballot box." The first time I realized it was one limitation. Many of us have experienced that, and night when I was in a restaurant near Mr. Speaker, it is now my great have followed his suggestion, but we are Capitol Hill. It was on New Year's Eve. privilege to introduce to speak for former glad to be here. I think if ever there was May 24, 1973 CONGRESSIONAL RECORD- HOUSE 16897 a time in the history of our country when We of the later generation feel a keen I am sure those who are now serving will we should forget the ballot box and think interest in younger men who fill the value this privilege as much as we do. of the interests of our country as a whole places we once occupied. I wish for all of us that we may return it is at the present time." I believe it was Walter Lippmann who here, year after year, in good health to So, Mr. Speaker, I make these sug said: renew and extend old friendships in the gestions only as a man who comes from The invisible city is composed of young service of our country. the western part of the East, and the men who died for their country's sake and Mr. JUDD. Mr. Speaker, may I in eastern part of the West, out in the old men who plant trees they wlll never sit troduce to speak for former Republican great State of Ohio. I see many of the under. Members of the House, the Honorable Members of Congress who are here from We are planting trees you will sit Howard W. Pollock of Alaska. He was my State. My only suggestion is that the under. educated in the schools of Mississippi, greatest problem facing us is, in spite This man who still remains with us, a California, Texas, and Massachusetts of the headlines and in spite of at great judge, Abraham Multer, who served MIT. He served in the U.S. Navy from tempts on the part of groups here and 20 years in this House from the 80th 1941 to 1946, being discharged as a lieu there apparently to gain attention for Congress through the 89th Congress-20 tenant commander. He was also head of themselves, as we see each day in the years-! am very happy to present to several Alaska industrial projects in press and see it on television, and hear speak to the House. volving gold and oil and seafood, which it over the radio, in spite of that, the Mr. MULTER. Mr. Speaker, when I includes most of Alaska's main products. most serious problem we have in this was told a little earlier today I He served in the territorial legislature country is an economic problem, and would be called upon to talk on behalf of of Alaska before it became a State, and that is true not only here in the United the Democrats formerly of the House then in the Alaska State Senate. He States but throughout the world. We are and to limit my remarks to 5 minutes, served in this House from 1967 to 1971. facing inflation, and we are facing a de I said that after 20 years in this House, He is now the Deputy Administrator of pression, and it is going to take care having learned to make a one-minute the National Oceanographic and Atmos ful and skillful management on the part speech, I would find it difficult to speak pheric Administration in the Department of the Congress and the administration for 5 minutes. of Commerce. to solve that in the interest of the people. I appreciate the privilege that has been Former Congressman Pollock. I might say further that inflation is accorded to me, because actually the Mr. POLLOCK. Mr. Speaker, my dis the most insidious of all the taxes that gentleman who should be talking to you tinguished friends, it is a warm pleasure we can levy upon the people of our now on behalf of the former Democrats to be here. I wanted to come down once country. of the House is my long-time friend again to the well for feelings of nostalgia. Not only that, but it destroys the very and the long-time friend of all our It is a very great pleasure to join my foundation of the structure of govern Members-Manny Celler. Congressman colleagues, past and present. Because I ment. Celler is well, but, unfortunately, he have the privilege of being in Washing I am happy, Mr. Speaker, to have been could not be here to ful:fill this ton I do have the opportunity frequently with the Speaker and to have seen so commitment. of associating with Members of Congress many of my former colleagues who are Compared to the 50 years that he who are on active duty here, as it were. listed on this nostalgic paper that I hold served in this House, my mere 20 years I continually have the opportunity of here in my hand. I wish much success in it hardly entitles me to speak for you. joining the Prayer Breakfast group on to the Speaker and to the Members of Mr. Speaker, I wish to express on behalf the House side, which is one of the very Congress in the coming days. of all of our former Members on this side precious things in my continuing life. Mr. HAYS of Arkansas. Mr. Speaker, of the aisle how pleased we are to be As a matter of fact, we heard a mar it is now my privilege to present the sec back with you even for a brief time. I velous beatitude this morning from Dan, ond speaker, and the concluding speaker, remember that when I came here in the and I see him sitting in the back. It is: for our side of the aisle. 80th Congress I learned from our then Blessed are the brief for they shall again I am grateful to Ross Bass for his beloved Speaker Joe Martin that we pro be invited. reference to me. Before I finish, on this nounced the word ''pursuant" as "pur I shall react to that by talking briefly. matter of partisanship, I think, instead swayant." I do have the opportunity and privilege of revising and extending my remarks, I I had the privilege, as many of us did, and pleasure of serving with some of the will just say that I am really like the of also serving under the late and most men we have heard this morning on the old man down in Arkansas on his death revered Sam Rayburn, and later under board of directors of the FMC. As we have bed who was told he was going to die. the gentle John McCormack. Although I gone through our efforts throughout the He looked up and said, ''Well, if there did not have the privilege of having year working toward this opportunity is anything wrong with the Baptist served under the Speakership of the today, I cannot help but think of some Church or the Democratic Party, I want distinguished and able Carl Albert, I did of our colleagues who are no longer with to die without finding out about it." serve with him while he was majority us. Out of the 90th club group I think Then, too, if I may say to my col leader of this House. Bill Cowger is the only one who has leagues, since I have alluded to the re I always repeat what Mr. Sam said passed on. He was a wonderful Congress quest now and then for a Baptist story, I so fervently so many times: "I love this man and a wonderful man. I would like do not want my Baptist friends to feel House." I am sure that is why we all on this occasion here today to record our that I am flippant in this regard. They have come back here. because we all love memory of him. Of course there are ever this House. As a matter of fact, we had so many others. know how much I love them. My friends, as I sit in these hallowed I now present a distinguished judge. to suspend last year 11 of our Members of the former Members of Congress As Halls I think about how very much his I used to stand in awe of judges. I am sociation, because they loved it so much tory has been written here in this, the not in awe of this man. He is a gentle they wanted to come back as duly elected greatest deliberative body in the world. judge, a very learned judge. I served on members. I regret that only one of them I know I speak for all my colleagues the Committee on Banking and Cur made it, even though we then got 10 who are Former Members of Congress, rency with him for a number of years. more former Members back into our or when I say that anyone who has ever The first judge I ever faced was some ganziation. been a part of this body will always be a what like Abraham Multer of New It has been good to be with you. I hope part of it. To those of you who are still York. This man had the interesting name we can be with you for many more years actively engaged in the work of th~ Con of Marcellus Lycurgus Davis. I lost the to come and always return to this place gress I want to extend on my own per case. I began losing early. He wrote me which has been prettied up so nicely. It sonal behalf and certainly on behalf of the next day and said, has been prettied up in more ways than all members of FMC our warmest best DEAR BROOKS: What you did yesterday was one. I am sure all who served here ap wishes for you, and good luck in all your refreshingly boyish, but be a boy as long as preciate it. endeavors. If it should come to pass that you can, for the blood of youth is the wine More than that, we all appreciate the one day you are no longer in the Con of life, and while age leaves me but an empty fact that we were given in this land of gress and you are sufficiently blessed to cup I love its lingering fragrance stm. opportunity the privilege to serve here. still be alive we would warmly welcome 16898 CONGRESSIONAL RECORD-HOUSE May 24, 1973 you into the Former Members of Con Charles B. Hoeven, Iowa.. Everett Jordan of North Carolina, and gress. Carl H. Hoffman, Pennsylvania. as Vice President George Meader of J. Oliva Huot, New Hampshire. Michigan. We think it is a great institution. We Lawrence E. Imhoff, Ohio. want you to stay where you are now, Glen D. Johnson, Oklahoma. Mr. JUDD. Mr. Speaker, unless there is but one day come and join us. B. Everett Jordan, North Carolina. someone who has an irresistible urge to God love you and keep you. Raymond W. Karst, Missouri. ask permission to make some additional Mr. JUDD. Mr. Speaker, as was men Bernard W. Kearney, New York. comments we wish to close. tioned earlier, the bylaws of Former Elizabeth Kee, West Virginia. I thank you again, Mr. Speaker, and Members of Congress require that the Edna. F. Kelly, New York. the House leadership, for your gracious organization not be used for any polit Eugene J. Keogh, New York. ness and courtesy in giving us this hour Thomas S. Kleppe, North Dakota. ical partisan purpose, or to support or William F. Knowland, California. on this very specially busy day before the oppose any particular legislation or any Thomas H. Kuchel, California. Memorial Day weekend, and despite the candidate. As a citizen every Member is, Thomas J. Lane, Massachusetts. sad death of one of the House Members. of course, free to do as he wishes. Henry Cabot Lodge, Massachusetts. All of us appreciate so deeply your grant The bylaws require also that if any of J. Carlton Loser, Tennessee. ing us this greatly enjoyable, from our our Members runs for office his member John W. McCormack, Massachusetts. point of view, r eunion in the House ship is automatically suspended and, if William D. McFarlane. Chamber of Former Members of the Walter L. McVey, Jr. House and Senate. elected, it is terminated. There were 11, Donald H. Magnuson, Washington. as was said, who ran for office in 1972 D. R. "Billy" Matthews, Florida.. I believe this organization can do a lot and their membership was suspended. George P. Miller, California. of good in helping get a wider and deeper One of them, Gillis Long of Louisiana, William E. Miller, New York. understanding throughout our country was elected. The other 10 were not and Tom V. Moorehead, Ohio. of our Congress-the role it has to play have been reinstated. Bradford Morse, Massachusetts. and how it actually functions in seeking I report this only to reassure the sit Catherine D. Norrell, Arkansas. to promote our Nation's vital interests ting Members that they are apparently Charles G. Oakman, Michigan. and to safeguard our people's liberties. not in too great danger from the former James C. Oliver, Maine. Mr. BROOKS HAYS. Mr. Speaker, will Harold C. Ostertag, New York. Members. Thomas M. Pelly, Washington. the gentleman from Minnesota, Mr. Mr. Speaker, with your permission, I N. Blaine Peterson, Utah. Judd, yield for a question? should like to place in the RECORD the Alexander Pirnie, New York. Mr. JUDD. Yes, I will yield. names of those who took the trouble to Ben Reifel, South Dakota. Mr. BROOKS HAYS. Will the gentle send their regrets that they could not James Roosevelt, California. man announce the time of the reception come to this reunion today. Howard W. Smith, Virginia. to be held? The SPEAKER. Without objection, it Gale H. Stalker, New York. Mr. JUDD. Yes, thank you. We extend John H. Terry, New York. is so ordered. William M. Tuck, Virginia. to all sitting Members as well as former There was no objection. Joseph D. Tydings, Maryland. Members an invitation to join us at a The information is as follows: Harold H. Velds, Illinois. reception at 5 o'clock in the caucus room, FORMER MEMBERS OF CONGRESS SENDING RE E. S. Johnny Walker, New Mexico. room 345, of the Cannon Office Building. GRETS AT NOT BEING .ABLE To BE PRESENT James D. Weaver, Pennsylvania. We hope you will bring your wives, too. MAY 24, 1973 J. Ernest Wharton, New York. Perhaps I should add that the wives Homer Abele, Ohio. JohnS. Wold, Wyoming. and widows of former Members have or Miles Allgood, Alabama. Eugene Worley, Texas. ganized an FMC auxiliary, and about Elizabeh Andrews, AlLeonard Farbstein, New York. They elected for 2-year terms on the Board of Directors the following: lightening experience. It would be a sal Elizabeth Farrington, Hawaii. utary arrangement if the vociferous crit Michael A. Feighan, Ohio. Senator B. Everett Jordan of North ics of the Congress could each serve just Ivor D. Fenton, Pennsylvania. Carolina. Gerald T. Flynn, Wisconsin. 1 month as a Member of this body. Fred Schwengel of Iowa. Their carping voices, which proclaim Ellsworth B. Foote, Connecticut. The organization also elected as hon Jf!,mes B. Frazier, Jr., Tennessee. that Congressmen and Congresswomen Ha.rlwen C. Fuller, New York. orary directors without term the co are idlers, riders of the gravy train and E. C. Gathings, Arkansas. founders of our organization, the Hon unresponsive to public needs, would be Newell A. George, Kansas. orable Brooks Hays of Arkansas and the stilled. They would gain first hand Percy W. Griffiths, Ohio. Honorable Walter Judd of Minnesota. knowledge of the unremitting behind Ralph Harvey, Indiana. The Members elected as their Presi the-scene toil of the average Member in Louis B. Heller, New York. dent for the coming year Senator B. behalf of his or her constituents and May 24, 1.973 CONGRESSIONAL RECORD-HOUSE 16899 their burning of the midnight on in a officers have been killed in the line of Patrolman Vasgar will continue to pay ceaseless quest for the right answers. duty. with their lives. While a Member of the Congress is not Just recently, we observed Police Me The names that I will read include requirPd to sacrifice his or her life on morial Week to pay tribute to the mem State, National and local lawmen. the altar of our country yet that sacrifice ory of courageous law enforcement of Death respects no rank, as the men was made by a quiet and self-effacing ficers who paid the ultimate price for who fell ranged from cadets to top su Member, whose voice was seldom heard protecting our rights as free citizens. It pervisors. in debate on the fioor or in committee is distressing to note that very little They served small towns, boroughs, on the fateful day of June 4, 1941. He public attention was paid to this observ county, State and national agencies, as stood here and poured out his heart and ance. well as the large cities. soul in refutation of a canard uttered a Yet for the loved ones left behind, the Actually, the list is not complete. few minutes previously by one of his col week had great significance. It should My good friend, Virgil Penn, the na leagues, which did violence to his inner have a great significance for all of us who tional chaplain of the Fraternal Order of most ideals and convictions. He spoke value our freedom. Police, who furnished me with a list of with an eloquence which none of us knew One reason for the lack of interest in names, said that many police depart he possessed. He was so immersed in his honoring the memory of slain policemen ments did not respond to his request for discourse that he did not heed the twice is the overwhelming concern on the part the names of slain policemen. repeated admonition of Speaker Rayburn of many, for the so-called "rights" of the Therefore, this list contains 135 names that "the time of the gentleman has ex criminal. representing 73 law agencies, but from pired". These "rights" are taken at the ex reports complled by the FBI, and other Well the time of the gentleman had pense of the rights of policemen, and law enforcement agencies, the actual to indeed expired because as the Speaker's the ordinary citizen who is victimized by tal is 125 kllled in 1971, and 112 in 1972. gavel sounded for the last time this no crime. With deep reverence and profound ble man fell dead at the base of this AB one Washington, D.C., policeman sorrow I read the names of those who hallowed lectern. It was perhaps the said recently, all the worst criminal gave their lives to save our lives. most dramatic and tragic incident that needs to do is point a finger at a police It is truly a roll call of heroes: ever occurred in this Chamber. man and yell "police brutality," and right ALABAMA I am profoundly grateful to you ladies away public attention through some Algie Long, of Hurtsboro. and gentlemen of the 93d Congress for elements of our society is focused on ARIZONA according me the privilege of reliving sympathy for the criminal. Paul Marston. for a moment those exacting but golden I am fearful that unless the misguided Gllbert Guthrie. days of yore. psychology that applies to "rights" of CALIFORNIA Mr. SIEMINSKI of New Jersey. Mr. hardened criminals is reversed, we face Sgt. John V. Young, of San Francisco. Speaker, I appreciate the courtesy of dark days ahead. Phillip J. Riley, of Los Angeles. being referred to as, "of N.J." I am now, After all, in any society, especially one Kenneth E. Walters, of Los Angeles. and have been for the past 13 years a that embraces democracy, there is a very CONNECTICUT resident of Virginia. thin line between peace and anarchy. Kenneth Moraska, of Norwalk. Mindful of Virginia's enormous con The person that maintains the line in Sgt. Nicholas Pera, of Norwalk. tribution to the strength of our legisla favor of peace is the policeman. I, for DELAWARE tive process-Peyton Randolph, Presi one, am thankful that the policeman is David Yarrington, of the State Pollee. dent of the First Continental Congress, present to protect me. Donald L. Carey, of the State Police. was of Virginia. I have not talked to anyone who would George W. Emory, of the State Police. If appropriate, I would like to suggest rather meet a criminal on a dark and FLORIDA that we consider the following: "To be lonely street instead of a policeman. J. H. Moon, of Jacksonville. displayed, in the Capitol, pictures or Mr. Speaker, a policeman, just like a Robert DeKarte, of Coral Gables. portraits of suitable size, of every speaker soldier, realizes that when he takes the Henry T. Minard, of Hollywood. or President of the Congress." oath of office and puts on the uniform, GEORGIA Surely, the second and third ranking his life is in constant danger. Harlow Douglas Meers, of Rome. citizens of the land, in succession to the Perhaps a few policemen can adopt a Billy M. Kaylor, of Atlanta. Presidency, are worthy of such com casual attitude toward death, but I seri James R. Green, of Atlanta. memor·ation. ously doubt if the majority feel this way. HAWAU The SPEAKER. The Chair wishes to I am sure that most of them are like Benjamin Keeloha, of Honolulu. thank the former Members for attending Patrolman Louis Vasger of the Phila David Huber, of Honolulu. and addressing us in the House today. delphia Police Department. Deputy Sheriff Donal P. Jensen, of Patrolman Vasger is dead. Honolulu. He was gunned down in cold blood just IDAHO AFTER RECESS 5 weeks ago during a routine inspection Ross Flavel, of Lewiston. on his patrol beat. ILLINOIS The recess having expired, the House Interestingly enough, but not sur Peter E. Laskey, of the Tillnois Bureau of was called to order by the Speaker at 1 prising, the accused killer was out on bail Information. o'clock and 35 minutes p.m. awaiting trial for armed robbery com Frank Dunbar, of Chicago. mitted a year and a half ago. KANSAS Kenneth M. Kennedy, of Hutchinson. ROLLCALL OF HEROES-POLICE Patrolman Vasger left behind a young wife and three small boys. This needless LOUISIANA MEN SLAIN IN LINE OF DUTY, tragedy is repeated over and over again. Ralph DeWayne Wilder, Deputy Sheriff of 1971-73 Yet, statistics tell the story. Only one East Baton Rouge. The SPEAKER pro tempore. Under a conviction now results for every 28 re Ralph G. Hancock, Deputy Sheriff of East Baton Rouge. previous order of the House, the gentle ported felonies. Leroy Odom, of Farmersville. man from California SOUTH CAROLINA Donald C. Peterson, of the Highway Patrol. was reintroduced by Mr. JAVITS on Janu Ray Oaffee, of the State Highway Patrol. WYOMING ary 18 of this year in the U.S. Senate Boyd L. Hall, of Teton County. (S. 440). At last count, 60 Senators have TENNESSEE cosponsored the Javits bill, and it will, Jesse Buttram, of Lenoir City. Mr. ROUSSELOT. Will the gentleman I understand, soon pass the Senate, hav TEXAS yield? ing been reported out of the Foreign Re Samuel Infante, of Dallas. Mr. GOLDWATER. I am glad to yield lations Committee unanimously. W. Don Reese, of Dallas. to the gentleman from California. One month ago I receivE:d a letter pre A. J. Robertson, of Dallas. Mr. ROUSSELOT. I wish to compli E. M. Belcher, of Fort Worth. pared by Dr. Francis D. Wormuth, pro Johnnie Hartwell, of Dallas. ment my colleague from California for fessor of political science at the Un1- Levy McQuieter, of Dallas. his continuing effort to make sure that versity of Utah in Salt Lake City, and Carl J. Cooke, of Dallas. those of us in the House who have had cosigned by 12 of his faculty colleagues Allen Perry Camp, of Dallas. a real interest in this whole area of law strongly criticizing the Javits' approach. Antonio T. Canales, of San Antonio. enforcement give proper recognition to Dr. Wormuth is one of the great civil Vincent Jerry Walker, of San Antonio. those men who have died in the line of libertarians in this country and has been, Joshua Rodrigues, of Houston. duty. We must never forget what they &ince the beginning, strongly opposed to MINNESOTA have done. U.S. involvement in Indochin&.. So I was Howard L. Johnson, of Rosevllle. The gentleman from California has at first surprised that he opposed this Joseph Pudlick, of Minneapolis. been a burr under the saddle of this bill to limit Presidential warmaking Inno H. Suek (Lt.), of Minneapolis. House in an effort to make sure we do powers. MISSISSIPPI not forget and to see that we do take Upon analysis, I find he makes a William J. Skinner (Lt.), of Jackson. some kind of constructive action to give thoughtful, impressive argument. These MISSOURI awards of merit to so many of these men men argue that although the bill sup Donald L. Marler, of Harrisonvllle. who maintain peace in the streets and posedly limits the President in initiating Francis E. Wirt, of Ha.rrisonvme. provide for a proper atmosphere of law new wars that, in fact, it would enlarge Homer E. Fry (Marshall), of Mansfield. and order in this country. the President's pow0r beyond existing NEW JERSEY I know that my colleague from Cali law and constitutional limits and would, Frank Papia.nnl, of Edison. fornia has made a persistent effort to in fact, authorize the President to initi Ma.rienus J. Slgeren, of State Police. bring these issues to the attention of ate new wars. Werner Foerster, of State Police. our whole House. I am grateful that the I strongly recommend that Members Frank Irvin, of Newark. gentleman has not been tempted to set read Dr. Wormuth's thoughtful analysis. NEW MEXICO aside his organized effort during the rush of other important issues that come be For that purpose, I am inserting into Robert Rosenbloom, of State Police. the RECORD at this point the Javits bill, NEW YORK fore the House. He has attempted to the text of the letter I received from William F. Holbert, Jr., of Binghamton. keep it in front of the entire body. I Trooper White, of State Police. know he has been the author of sev Dr. Wormuth and his colleagues, and the Robert M. Semrov, of State Police. eral bills in this important area. I wish letter written by Dr. Wormuth to Sen Ivan G. Lorenzo, of New York City. to compliment him for his effort. ator JAVITS, analyzing the Javits bill. Earl Thompson, of New York City. Mr. GOLDWATER. I thank my col I understand that the House Foreign Waverly Jones, of New York City. league from California for his remarks Affairs Subcommittee on National Se Joseph Piagentine, of New York City. and his demonstration of concern which curity, Policy, and Scientific Develop- May 24, 1973 CONGRESSIONAL RECORD- HOUSE 16901 ment is now involved in marking up the Armed Forces of the United States to Act requires the continued use of such House Joint Resolution 542 which is ap protect citizens and nationals of the United Armed Forces in the course of bringing about parently similar to Senator JAVITS' bill. States being evacuated from such country; a prompt disengagement from such hostill or ties; or (2) Congress is physically unable I hope that the arguments made by these (4) pursuant to specific statutory authori to meet as a result of an armed attack upon distinguished scholars can be' heard by zation, but authority to introduce the Armed the United States; or (3) the continued use members of that subcommittee and by Forces of the United States in hostilities or of such Armed Forces in such host111ties or all Members before we vote on this land in any such situation shall not be inferred in such situation has been authorized in mark measure. The bill follows: (A) from any provision of law hereafter specific legislation enacted for that pur s. 440 enacted, including any provision contained pose by the Congress and pursuant to the provisions thereof. A bill to make rules governing the use of the In any appropriation Act, unless such pro Armed Forces of the United States in the vision specifically authorizes the introduc TERMINATION WITHIN THIRTY-DAY PERIOD absence of a declaration of war by the tion of such Armed Forces in hostilities or SEc. 6. The use of the Armed Forces of Congress. in such situation and specifically exempts the United States in host111ties, or in any the introduction of such Armed Forces from Be it enacted by th/3 Senate and House of situation where imminent involvement in compliance with the provisions of this Act, host111ties is clearly Indicated by the circum Representatives of the United States of or (B) from any treaty hereafter ratified America in Congress assemb,ed, stances, under any of the conditions de unless such treaty is implemented by legisla scribed in section 3 of this Act may be ter SHORT TITLE tion specifically authorizing the introduction minated prior to the thirty-day period spec SECTION 1. This Act may be cited as the of the Armed Forces of the United States ified in section 5 of this Act by an Act or "War Powers Act". in hostillties or in such situation and spe joint resolution of Congress, except in a PURPOSE AND POLICY cifically exempting the introduction of such case where the President has determined and Armed Forces from compliance with the pro SEc. 2. It is the purpose of this Act to ful certified to the Congress in writing that un visions of this Act. Specific statutory au avoidable m111tary necessity respecting the fill the intent of the framers of the Consti thorization is required for the assignment of tution of the United States and insure that safety of Armed Forces of the United States members of the Armed Forces of the United engaged pursuant to section 3(1) or 3(2) of the collective judgment of both the Congress States to command, coordinate, participate and the President wlll apply to the intro this Act requires the continued use of such in the movement of, or accompany the reg Armed Forces in the course of bringing about duction of the Armed Forces of the United ular or irregular military forces of any for States in host111ties, or in situations where a prompt disengagement from such hosttli eign country or government when such ties. imminent involvement in host111ties is clearly Armed Forces are engaged, or there exists indicated by the circumstances, and to the an imminent threat that such forces will CONGRESSIONAL PRIORITY PROVISIONS continued use of such forces in host111ties become engaged, in hostilities. No treaty SEc. 7.(a) Any bill or joint resolution au or in such situations after they have been in force at the time of the enactment of this thorizing a continuation cf the use of the introduced in host111ties or in such situa Act shall be construed as specific statutory Armed Forces of the United States in hos tions. Under article I, section 8, of the Con authorization for, or. a specific exemption t111t1es, or in any situation where imminent stitution, it is specifically provided that the permitting, the introduction of the Armed involvement in host111ties is clearly indi Congress shall have the power to make all Forces of the United States In host111ties or cated by the circumstances, under any of the laws necessary and proper for carrying Into In any such situation, within the meaning conditions described in section 3 of this Act, execution, not only its own powers but also of this clause (4); and no provision of law or any bill or joint resolution terminating the all other powers vested by this Constitution in force at the time of the enactment of use of Armed Forces of the United States in in the Government of the United States, or this Act shall be so construed unless such hostll1ties, as provided in section 6 of this in any department or officer thereof. At the provision specifically authorizes the intro Act, shall, if sponsored or cosponsored by same time, this Act is not intended to en duction of such Armed Forces in hostilities one-third of the Members of the House of croach upon the recognized powers of the or in any such situation. Congress in which it is introduced, be con President, as Commander in Chief and Chief REPORTS sidered reported to the floor of such House Executive, to conduct host111ties authorized no later than one day following its introduc by the Congress, to respond to attacks or the SEc. 4. The introduction of the Armed tion unless the Members of such House imminent threat of attacks upon the United Forces of the United States in hostiUties, or otherwise determine by yeas and nays. Any States, including its territories and posses in any situation where imminent involve such bill or joint resolution after having sions, to repel attacks or forestall the immi ment in hostilites is clearly indicated by the been passed by the House of Congress in nent threat of attacks against the Armed circumstances, under any of the conditions which it originated, shall be considered re Forces of the United States, and, under pro described in section 3 of this Act shall be re poted to the floor of the other House of Con per circumstances, to rescue endangered ported promptly in writing by the Presi gress within one day after it has been passed citizens and nationals of the United States dent to the Speaker of the House of Rep by the House in which it originated and sent located in foreign countries. resentatives and the President of the Sen to the other House, unless the Members of ate, together with a full account of the cir EMERGENCY USE OF THE ARMED FORCES the other House shall otherwise determine cumstances under which such Armed Forces by yeas and nays. SEc. 3. In the absence of a declaration of were introduced in such host111ties or in such (b) Any bill or joint resolution reported war by the Congress, the Armed Forces of situation, the estimated scope of such hosttl to the :floor pursuant to subsection (a) or the United States may be introduced in hos itles or situation, and the consistency of when placed directly on the calendar shall tilities, or in situations where imminent in the introduction of such forces in such hos immediately become the pending business of volvement in host111ties is clearly indicated tilities or situation with the provisions of the House in which such bill or joint resolu by the circumstances, only- section 3 of this Act. Whenever Armed Forces tion is rep<>Tted or placed directly on the (1) to repel an armed attack upon the of the United States are engaged in hostili calendar, and shall be voted upon within United States, its territories and possessions; ties or in any such situation outside of three days after it has been reported or to take necessary and appropriate retaliatory the United States, its territories and pos placed directly on the calendar, as the case actions in the event of such an attack; and sessions, the President shall, so long as such may be, unless such House shall otherwise to forestall the direct and imminent threat Armed Forces continue to be engaged in of such an attack; determine by yeas and nays. such hosttlities or in such situation, report SEPARABILITY CLAUSE (2) to repel an armed attack against the to the Congress periodically on the status of Armed Forces of the United States located such host111ties or situation as well a.s the SEc. 8. If any provision of this Act or outside of the United States, its territories scope and expected dllll'ation of such hos the application thereof to any person or cir and possessions, and to forestall the direct tilities or situation, but in no event shall cumstance is held invalid, the remainder of and imminent threat of such an attack; he report to the Congress less often than the Act and the application of such provi (3) to protect while evacuating citizens every six months. sion to any other person or circumstance and nationals of the United States, as rapidly THIRTY-DAY AUTHORIZATION PERIOD shall not be affected thereby. as possible, from (A) any situation on the EFFECTIVE DATE AND APPLICABILITY high seas involving a direct and imminent SEc. 5. The use of the Armed Forces of the United States in host111ties, or in any sit SEC. 9. This Act shall take effect on the threat to the lives of such citizens and na date of Its enactment but shall not apply to tionals, or (B) any country in which such uation where imminent involvement in hos tilities is clearly indicated by the circum host111ties in which the Armed Forces of the citizens and nationals are present with the United States are involved on the effective express or tacit consent of the government stances, under any of the conditions de scribed in section 3 of this Act shall not be date of this Act. Nothing in section 3(4) of of such country and are being subjected to a this Act shall be construed to require any direct and imminent threat to their lives, sustained beyond thirty days from the date either sponsored by such government or of the introduction of such Armed Forces further specific statutory authorization to beyond the power of such government to con- in hostilities or in any such situation unless permit members of the Armed l">rces of the trol; but the President shall make every ef (1) the President determines and certifies United States to participate jointly with fort to terminate such a threat without using to the Congress in writing that unavoidable members of the armed forces of one or more the Armed Forces of the United States, and m111tary necessity respecting the safety of foreign countries in the headquarters op shall, where possible, obtain the consent of Armed Forces of the United States engaged erations of high-level military commands the government of such country before using pursuant to section 3(1) or 3(2) of this which were established prior to the date of 16902 CONGRESSIONAL RECORD- HOUSE May 24, 1973 enactment of this Act and pursu&.nlt to the bill were rejected by the Senate for the same promulgated by statutory authority. It is in United Nations Charter or any treaty ratlfted reason. See my "The Vietnam War: The the twentieth century that Presidential ex by the United States prior to such date. President versus the Constitution," in cesses have occurred. Richard A. Falk, ed., The Vietnam War ana It seems to me better to have the decision THE UNIVERSrrY OJ' UTAH, International Law (Princeton: Princeton taken by a. naval officer who will not have Salt Lake ctty, Utah, April16, 1973. University Press, 1969), Vol. 2, pp. 736,782-88. long-range political motives than by a Pres Hon. WAYNE OWENS, The heart of the bill is Section 3. Sec. 3(1) ident who may use the preten of rescUing House of Representatives, authorizes the President to repeal an armed citizens to launch a war. The Gennan White Washington, D.C. attack. This is merely declaratory and I do Paper issued at the beginning of World War DEAR CONGRESSMAN OWENS: The under not object to it. I am troubled by Sec. 3(2) II alleged that the invasion of Poland was signed members of the Political Science De because it seems to legitimize involvement in undertaken for the protection of Volk!genos partment, as constituents and not as spokes war when American troops are attacked sen from maltreatment by the Poles. men for the University of Utah, urge you to abroad without inquiring how they got there. I note that you deplore President John vote against the Javlts War Powers Bill. Al Suppose they have entered neutral territory son's intervention in the Dominican Re though this bill is supposed to limit the Ulegally, as occurred when President Nixon public. He alleged that he was protecting President in initiating war, in fact it under sent troops into Cambodia. In The Exchange citizens. Section 3(3) would legalize all such takes to enlarge his power beyond existing v. McFaddon, 7 Cr. 116, 140-41 (1812), Chief interventions. The words of caution and ad law and beyond the limits of the Constitu Justice Marshall said, in effect, that such monition in yaur bill would have no more tion. It would authorize the President to action is an act of war. In 1848 the House of effect on the conduct of a President than initiate a war: Representatives voted that President Polk, the Ten Commandments. ( 1) Whenever he alleged that American by sending troops into territory disputed In short, the President has no constitu citizens were maltreated by a foreign gov with Mexico and then defending them, had tional power to use the armed forces for the ernment (this is the pretext upon which unconstitutionally initiated war. I fear this rescue of citizens and at present has no stat Hitler invaded Poland and began World War subsection might legalize a war initiated by utory power. It is not the case that as com II); a Congressionally unauthorized commitment mander-in-chief he has the right to use the (2) Whenever he alleged that a treaty the of troops abroad. armed forces for any purpose not authorized implementation of which by force Congress I am very unhappy about Sec. 3 (3), which by Congress except to repel sudden attack. had approved permitted him to initiate war, permits the President to send troops into Our statutes have always specified when he even though the treaty had been negotiated a foreign country to protect citizens, either is empowered to use the armed forces, and a hundred years earlier. against rioters or against the government the present law forbids the use of the Army The bill' is a shocking attempt to cause itself. The latter is clearly the initiation of or Air Force to execute the laws without Congress to abdicate its power to declare war war. The present law is much more restrictive specific authority from the Constitution or in advance of any issue, in total ignorance but has proved to be adequate. Congress, 22 U.S.C. § 1732 (1964), derived of future issues and with no opportunity to Page 2, line 9 of the bill seems to concede from 20 Stat. 152 (1878). It is illegal for the evalu&te the contemporary circumstances that the President has a constitutional pow President to attempt to execute any law ex under which the President would actually er to protect citizens abroad. He has no such cept by the officers appointed by statute for initiate war. Dr. Wormuth's legal analysis of power. Dicta in three Supreme Court de that purpose. Gelston v. Hoyt, 3 Wheat, 245, the bill in response to an inquiry from Sena cisions--Murray v. The Charmin.g Betsy, 2 330-32 (1818); Hendricks v. Gonzalez, 67F. tor Javits is enclosed. Cr. 64, 120 (1804); the Slaughter-House 351 (2d cir. 1895). Sincerely yours, Cases, 16 Wall. 36, 79 (1872); In re Neagle, Moreover, Sec. 3(3) constitutes an attempt J.D. Williams, Roger Rieber, Donald W. 135 U.S. 1, 64 (1889)-say that a citizen has to delegate the war power, which is uncon Hanson, Kent Main, Clark D. Mueller, a. right to protection abroad. But the protec stitutional. When Chief Justice Marshall laid Bruce E. Batley, D. F. Eamlesen, Fran tion of the rights of citizens belongs to Con down the law of delegation in Wayman v. cis D. Wormuth, Lorenzo F. Kimball, gress, not the President. Prigg v. Pennsyl Southard, 10 Wheat. 1, 43 ( 1825) , he denied Edward C. Epstein, Slava J. Lubomun vania, 16 Pet. 539 (1842). Only one of the that Congress might delegate "powers which dior, Helmut J. Callis, Robert P. Huef cases cited above, In re Neagle, suggests that are strictly and exclusively legislative"; on ner. the President has such power. This was said subjects "of less interest, a general provision in order to support the indefensible decision may be made and power given to those who THE UNIVERsrrY OJ' UTAH, in that case. The dictum in In re Neagle re-· are to act under such general provisions to Salt Lake City, Utah, March 6, 1973. lies on the rescue of Martin Koszta by a fill up the details." The debates in the Con Hon. JACOB K. JAVITS, naval captain (see my "Vietnam War," p. stitutional Convention and the ratifying con· U.S. Senate, 756). But the rescue was an unauthorized ventions and the discussions in the Feder~ Washington, D.O. action by Captain Ingraham and not the alist make it clear that the power to go to DEAR SENATOR JAVITS: Thank you for send President's; and Koszta was an alien, not a war is "strictly and exclusively legislative." ing me a copy of your War Powers Bill. When citizen. The action was not judicially ap As I pointed out above, the Senate unani· I wrote to the Council for a Livable World proved. mously by resolution concurred in the report protesting against indorsement of the bill I It is true that one circuit court opinion by of Henry Clay that the war power cannot be had read it and did not write, as you suppose, Justice Nelson of the Supreme Court, Durand delegated. Sec. 3(3) would not only trans out of misapprehension. This letter is in re v. Hollins, 8 Fed. Cas. m (1860), argues at fer the power of war or peace to the Presi sponse to your request for an ampllftcation length that the President may employ force dent, which is outright abdication; it would of my criticism of the bill. abroad to rescue citizens; but what was in do so for the indefinite future, in situations I think your general purpose is laudable volved in that case was not the rescue of which Congress cannot foresee and evaluate and you certainly have the right enemies. citizens but reprisal, which is generally un at the present time. However, the effect of the bill, if it were con derstood to be an act of war belonging only I object to the central feature of Sec. 3(4) stitutional, would be to change existing law to Congress. Whoever accepts Nelson's lan for the same reason. If the President and the by enlarging the power of the President to guage in Durand v. Hollins should be pre Senate make a treaty which contemplates engage in foreign adventures. And it is also pared to accept his dissenting opinion in The acts of war, and Congress passes the enabling objectionable because it defeats the purpose Prize Cases, 2 Black, 635, 682 ( 1863) , in legislation authorized by the bill, there is recited in Section 2, "to insure that the col which he argued that the President has no delegated to the President for the indefinite lective judgment of both the Congress and constitutional powers to repel a sudden at future a power to go to war whenever he the President wm apply to the introduction tack. Justice Nelson was a strongly partisan alleges that the conditions in the treaty call of the Armed Forces.... " The bill will give Democrat who in Durand v. Hollins defended for it. Under settled law, his allegation to the President in advance--perhaps years in the action of Democratic President Pierce and this effect is not subject to review by any advance--the option of taking a decision for in the Prize Cases condemned the action of other authority; the cases begin with Martin war when certain events occur, or when he Republican President Lincoln. v. Mott, 12 Wheat. 19 (1827). Once again, this alleges that such events have occurred. Un At present the President is authorized to is delegation in futuro, to apply in concrete der the Constitution, the decision of Congress seek the release of citizens unjustly impris cases which Congress cannot possibly envi to initiate war must be contemporaneous oned abroad by means "not amounting to sion when it legislates. The subsection would with the initiation of war and must be made acts of war." 22 U.S.C. § 1732 ( 1964); orig authorize the President alone to take the de in the light of existing circumstances. A post inally 15 Stat. 223 (1868). The Secretary of cision for war and peace, and it falls under dated declaration of war, such as your bill the Navy has had power to make rules since Henry Clay's condemnation of the declara contemplates, leaves the evaluation of the 1862. The present Naval Regulattons, from tion of futures as opposed. to contempora• circumstances on some future occasion to the which I enclose a copy of the pertinent rules, neous wars. President. He alone takes the decision for war or peace. A request by Pre·sident Jackson give a naval officer on the spot a carefully However, I approve of page 4,11ne 19, which for a. considerably more modest authorization circumscribed right to rescue citizens. The requires statutory authorization for the of future acts of war was unanimously re rules in this form date back to 1893; in an sending of m111tary advisors. But perhaps you jected by the Senate on the basis of a report other form, to 1865. In one of your speeches are not aware that such statutory authoriza by Henry Clay which asserted that Congress you speak of the "gunboat diplomacy" of the tion already exists, 10 U.S.C. § 712 (1959). It cannot delegate the war power, and seven nineteenth centry. All but thirteen of the would be useful to repeal this provision. requests of President Buchanan for contin naval landings in the nineteenth century I do not think that reporting to Congress gent authority such as is included in your were undertaken under naval regulations or consulting Congress after the fact wm be May 24, 1973 CONGRESSIONAL RECORD- HOUSE 16903 effective. As W111iam Howard Taft observed Third. Provide for the financing of steadily shrinking as a portion of Fed in his book Our Chief Magistrate and His these changes in the social security tax eral revenues-from nearly 21 percent in Powers, once the President has involved the country in a war, rightly or wrongly, the structure out of general revenues. 1963 to 14.4 percent by 1974. whole nation w111 rally behind him. There is a well-worn saying that "a The Federal tax burden is steadily Although the bill speaks of "Emergency picture is worth a thousand words." For shifting away from corporations and Use of the Armed Forces," none of the pow those of us in this Chamber, who deal onto individuals. And as the social secu ers granted is conditioned on the existence day after day in broad legislative con rity payroll tax accounts for more and of an emergency which makes it impractica cepts and multibillion dollar appropria more of all Federal revenues, it is shift ble to consult Congress at the time the power tions, I think there is a corollary: A let ing away from individuals in the higher 1s invoked. In most of the situations covered by the bill it would be possible, I should sup ter from home is worth a thousand income brackets and falling more heavily pose, to submit the issue to Congress, which abstractions. on middle- and lower-income taxpayers. would be able to make a judgment on the I would like to share with my col It is no exaggeration to say that the so particular case in the light of existing cir leagues the comments of two constitu cial security payroll tax is the greatest cumstances, as the framers intended. ents who recently wrote to me on the source of inequity in the tax system The question remains as to how one is to subject of taxes. Wrote one: today. provide for genuine emergencies which can Having been unsuccessful in securing a sal The rise in this tax has been so sharp not wait for Congressional action. The an ary increase for over three years now . . . it swer is that it is not possible for any legal that it has all but canceled out gains to is with qualified alarm that I watch my net low- and middle-income taxpayers aris order, even a despotism, to make legal provi pay become less and less, even though my sion for all emergencies. The values of a legal gross pay figure has remained the same. ing from income tax reductions. Since order lie in its regularized structure. It is in Out of a 40 hour week, 11 hours are for 1963, a married worker with two chil evitable that values extraneous to the legal taxes! Add in all the "hidden" taxes on goods dren, earning $10,000 a year, has seen order wm now and again be jeopardized by I buy, plus the cost of living increases, and his income tax decline from $1,372 to that structure; and in some cases most of you see I am losing ground. $905, while his social security payroll tax us would prefer those extraneous values to the values of the legal order. The proper Another, a young housewife with a has risen from $174 to $585. In other course here is for the President to act illegal month-old son-whose husband earns words, his income tax burden was re ly, report his actions and his motives to Con $123 a week and brings home $90-wrote duced by 33 percent, while his payroll gress, and ask Congress for ratification. This of the latest social security payroll tax tax load increased 236 percent. The net is what President Lincoln did at the begin increase: result was that his overall tax load de ning of the Civil War. Congress will not be clined less than 1 percent-from 15.45 to ungenerous in any proper case. This course It really makes me angry and heartsick. I 14.9 percent. is preferable to legitimizing departures from mean it's our hard-earned money they keep the legal order. In advance; this will dissolve taking and we can't do or say anything The payroll tax, an increasing onerous away the legal order. about it. burden for all wage earners, hits espe To summarize, your bill is not aimed at cially hard at those at the bottom of the emergencies. Its operation does not even re These two letters probably do not signal income ladder-the working poor. A dec quire the allegation that an emergency exists. a taxpayers' revolt, but they do say a ade ago a family of four with an annual It merely authorizes the President to initiate great deal about the present state of our income of $3,000 paid 5.6 percent-$168 a war whenever he asserts that citizens are tax system and what it is doing to the a year-in combined Federal income and in danger or that a treaty which has received average taxpayer. payroll taxes. Today that same family Congressional implementation should be in Mr. Speaker, the average taxpayer in pays 5.85 percent-$175-and all of it is voked, provided he makes altogether unveri this country is being victimized by a tax fied reports to what will no doubt be a wlldly in social security payroll taxes. A wage cheering Congress. Despite the claims of system that is growing steadily more re earner with five dependents and an apologists for Presidential usurpation, the gressive with each passing year. We start annual income of $5,500 will owe no in President has no such constitutional powers. ed out to raise revenues from those best come tax in 1973, but he will have to pay At present he has no such statutory powers. able to pay. Unfortunately we are not $321.75 in payroll taxes. Nor does the Constitution permit Congress to onlY far from achieving that goal but in Mr. Speaker, after 10 years of repeated shirk its duty of taking the decision for war recent years have been moving in the op efforts-in 1964, 1969, and 1971-to re in each individual case by giving the Presi posite direction. dent the option of making war at will in duce the burden of the income ·tax on whole categories of cases in the future. This is not just because of the prefer low- and middle-income taxpayers, Sincerely yours, ences and loopholes in the Federal in where are we? We have only succeeded FRANCIS D. WoRMUTH. come tax. With all its flaws, the Federal in shifting the burden from a relatively income tax still bears some relation to equitable, progressive income tax based the individual's ability to pay. It may not on ability to pay, to a fiat-rate payroll SOCIAL SECURITY TAX REDUCTION raise sufllcient revenues from wealthy in tax, limited to wage and salary income, ACT OF 1973 dividuals and large corporations, but at which cannot, by its nature, be anything least the income tax does not impose un other than regressive and unfair. (Mr. SEffiERLING asked and was due hardship on lower income taxpayers. The cruelest irony of this sleight of given permission to extend his remarks The same cannot be said of the second hand is that those at the bottom of the at this point in the RECORD and to include largest source of Federal revenue,. the so income ladder are actually paying more extraneous matter.) cial security payroll tax. It takes no ac in taxes now than they did 10 years ago. Mr. SEIBERLING. Mr. Speaker, today count of ability to pay. It is imposed at a Individuals and families now considered I am introducing the Social Security Tax fiat rate, and the $10,800 a year worker too poor to have a Federal income tax Reduction Act of 1973, a bill to provide pays as much as the $480,000 a year cor liability are still saddled with an increas for a more equitable and progressive so poration president. Because of the ceiling ingly burdensome social security payroll cial security payroll tax. This bill is a on taxable earnings and because the pay tax. At low-income levels, the increase in companion measure to one Senator roll tax applies only to wages and salaries the payroll tax is working at cross-pur GAYLORD NELSON plans to introduce in and no other sources of income, the work poses with income tax reductions, ham the Senate. er actually pays a large percentage of pering efforts of the working poor to pull Briefly, the bill would do the follow his income in social security payroll taxes themselves out of poverty. At a time ing: than the corporation president does. when grossly inflated rents and food First. Provide general payroll tax relief All of this makes the social security prices make low income workers' dollars for all wage earners by reducing the pres payroll tax the most regressive feature worth substantially less than they were ent employee payroll tax rate from 5.85 of our Federal tax system today. This is last month-let alone last year or 4 or to 5.2 percent. singularly unfortunate, because it is also 5 years ago-the social security payroll Second. Provide specific payroll tax re the Federal Government's fastest growing tax, by taking more and more of these lief for lower . income wage earners tax. By 1974, this regressive tax will ac devalued earnings, is keeping the work through a deduction and exemption for count for more than 25 percent of all ing poor impoverished. mula wl}ich would for the first time make Federal revenues. Ten years ago it ac I am thoroughly familiar with the ar the payroll tax sensitive to an individu counted for less than 15 percent. In sharp gument that though all of this may be al's ability to pay. contrast, the corporate income tax is true, the imposition of the payroll tax 16904 CONGRESSIONAL RECORD-HOUSE May 24, 1973 on the low-income worker is nonetheless ly permitted under the personal income Payroll tax discrimination against justified because social security is a form tax, reduced by the amount by which families with more than one wage earner of insurance and eventually he will re his earnings exceed this value. would end because their earnings would ceive benefits worth far more than his At this point in the RECORD, I would be pooled in computing the tax. so-called contributions. But what other like to insert an example of how the LID The payroll tax burden of low- and form of insurance do we have in this would work for a family of four at three middle-income wage earners would bear country where contributions are invol different income levels: a real relationship to their ability to pay. untary? The answer is, none. a . A family of four with one This substantial tax relief can be What other insurance program do you wage earner and earnings of achieved at a reasonable cost. The in find in this country today where benefit $4,300: creased burden on general revenues of payments are increased with the cost of Basic value of low income allow the changes in social security financing living or by acts of Congress and bear no ance ($1,300) and personal ex- contained in this bill would amount to an real relationship to the ac-tual amounts emption (4X$750) ------$4,300.00 estimated $8 billion annually, with the Earnings ------4,300.00 paid in by beneficiaries in the past? Earnings minus basic value limited income deduction costing be- Again, none. ($4,300-$4,300) ------0 tween $4 and $4.2 billion, and the rate And what comfort is the knowledge Adjusted value of low income al reduction just under $3.9 billion. that he will receive benefits 20 or 30 years lowance and exemption, or LID Mr. Speaker, when I say this is rea in the future-if he lives that long-to 4X$750) ------4, 300.00 sonable, I do not mean to imply that I a low-income worker who is trying to Earnings minus LID ($4,300- believe $8 billion is a negligible sum of feed, house, and clothe his family today? $4,300) ------ o money. It is a considerable amount, but Not much. Payroll tax on adjusted earnings when compared with an overall Federal (5.2 % XO) ------ 0 Mr. Speaker, I believe that the bene b. A family of four with one budget of some $268 billion, it is a rela fits the social security system provides wage earner and earnings of tively modest amount, which this govern retired persons and disabled workers are $6,450; ment can realistically finance. essential to America's economic and Basic value of low income allow The most fitting way to pay for social social well-being. I have supported in ance ($1,300} and exemption security payroll tax relief is through con creases in these benefits in the past and (4X$750) ------4, 300.00 current reform of the Federal income I will continue to do so, as it is shown Earnings ------6,450.00 tax. Combined payroll tax relief and ap Earnings minus basic value propriate income tax reform would shift that increases ara needed in the future. ($6,400-$4,300) ------2, 150.00 But I also firmly believe that it is time LID ($4,300-$2,150} ------2, 150.00 part of the social security cost burden the Congress leveled with the public and Earnings minus LID ($6,450- from low- and middle-income wage with itself about the real nature of social $2,150) ------4,300.00 earners, whu now pay nearly all of the security. It is not insurance. It is a pro Payroll tax on adjusted earnings payroll tax, to wealthy individuals and gram to provide income security and (5.2% X$4,300) ------ 223.60 corporations, who now escape paying health benefits for retired persons and c. A family of four with one their fair share of federal income taxes. eligible, disabled workers. Its benefits are wage earner and earnings o! It would at once provide tax relief for $8,600: not financed by past contributions; they Basic value of low income allow- those who need it and make our entire are paid for by a mandatory tax on ance and exemptions ______4,300.00 tax system more equitable. current income. Earnings------8,600.00 Several tax reform bills are already This year the social security system Earnings minus basic value ($8,- before the Congress. I am cosponsoring will take $62 billion from the wages of 600-$4,300) ------4, 300.00 one introduced by our distinguished col working men and women through the LID ($4,300-$4,300) ------. 0 league from Wisconsin nd of its institution. was the colonial equivalent of modern amendment to the Constitution. That Article the Fourth . . . A well regulated businesses' "buyer protection plan." Just m111tia, being necessary to the security of a as any manufacturer backs up his prod amendment states: free State, the right of the people to keep and A well regulated mllitia, being necessary to bear arms shall not be infringed. uct and recalls it if th.e owner's safety the security of a free state, the right of the is endangered-so must the Congress people to keep and bear arms, shall not be Of course, we all know the outcome of abide by its 200-year-old guarantee and infringed. this resolution. recall a bad law if it endangers the basic This amendment was added, because It is my contention that the brilliantly principles of this Nation. The Gun Con drafted second amendment combined trol Act of 1968 is such a law. If the certain States, during their conventions two ideas in a single sentence-the right guarantee embodied in the Bill of Rights to ratify the Constitution, realized the to keep and bear arms and the militia is not fulfilled-the people can and must, imperfections of, and ramifications in provision. If these were two separate as the Declaration of Independence af herent in the creation of a Federal-type amendments, they would read: firms, "provide new guards for their fu government. In addition, many States A well regulated militia, being necessary ture security." included a similar clause in their consti to the security of a free State, shall not be tutions predating the Federal constitu infringed. tional proposal. For example, the con and SPECIAL ORDERS GRANTED stitution of my home State, Pennsyl The right of the people to keep and bear By unanimous consent, permission to vania, adopted in 1776, contained a pro arms, being necessary to the security of a address the House, following the legisla vision that guaranteed the right to bear free State, shall not be infringed. tive program and any special orders here arms: Our Founding Fathers realized that tofore entered, was granted to: That the people have a right to bear arms not only did the States and the Nation Mr. OwENS, for 5 minutes, today, and for the defense of themselves and the state. need protection-but so did the indi to revise and extend his remarks. Five State conventions, in their letters vidual. By combining the two concepts, (The following Members (at the re of approval of the U.S. Constitution, out they merely provided for both in a con quest of Mr. PowELL of Ohio) and tore lined many aspects of individual liberty cise manner. The safety of the individual vise and extend their remarks and in that had to be safeguarded from Federal was assured by his right to bear arms in clude extraneous matter:) control or regulation. Among these indi Mr. KEMP, for 15 minutes, today. protection against internal insurrections, Mrs. HECKLER of Massachusetts, fer 5 vidual rights was :firearms ownership. as well as abuses. of power by the Federal The State of New Hampshire said: minutes, today. Government. Mr. EDWARDS of Alabama, for 5 min And as it is the opinion of this Convention When one gets down to the heart of utes, today. that certain amendments and alterations in today's "law and order" issue, our sit ill to provide for a Federal in Mr. McCoRMACK in two instances. resolution. come tax credit for the cost of certain motor vehicle emission controls on 1975 model mo Mr. HARRINGTON in two instances. The Clerk read as follows: Mr. GuNTER in five instances. tor vehicles sold in the State of California; Resolved, That as a further mark of re to the Committee on Ways and Means. Mr. RoGERs in five instances. spect the House do now adjourn. By Mr. ASHLEY: Mr. STOKES in three instances. The resolution was agreed to. H.R. 8113. A bill to amend section 5042(a) Mr. WALDIE in three instances. (2) of the Internal Revenue Code of 1954 to Mr. TEAGUE of Texas in six instances. permit individuals who are not heads of fam Mr. BRAs co in three instances. ilies to produce wine for personal consump ADJbURNMENT tion: to the Committee on Ways and Means. By Mr. BROWN of California (for him The SPEAKER. Pursuant to the provi self, Mr. HORTON, Ms. ABZUG, Mr. BA SENATE BILLS AND JOINT RESOLU sions of House Concurrent Resolution Dn.Lo, Mr. CLEVELAND, Mr. CONYERS, TION REFERRED 221, the Chair declares the House ad Mr. DELLUMS, Mr. DE LUGO, Mr. DU Bills and a joint resolution of the Sen journed until 12 o'clock noon on May 29 PONT, Mr. EDWARDS of California, Mr. ate of the following titles were taken next. FAUNTROY, Mr. FISHER, Mr. HAR from the Speaker's table and, under the Thereupon (at 1 o'clock and 53 min RINGTON, Mr. MATSUN.~GA, Mr. Mc rule, referred as follows: utes p.m.), pursuant to House Concur CLOSKEY, Mr. MOAKLEY, Mr. MOSS, s. 251. An aot for the relief of Frank P. rent Resolution 221, the House adjourned Mr. PODELL, Mr. REm, Mr. RHODES, Muto, Alphonso A. Muto, Arthur E. Scott, and until Tuesday, May 29, 1973, at 12 o'clock Mr. SCHNEEBELI, Mr. STARK, Mr. F. Clyde Wilkinson to the Committee on the noon. UDALL, Mr. WALDIE, and Mr. WHITE Judiciary. HURST): S. 1384. An act to authorize the Secretary H.R. 8114. A bill to amend the Public of the Interior to transfer franchise fees Health Service Act to provide for the estab EXECUTIVE COMMUNICATIONS, lishment of a National Institute of Popula received from certain concession operations ETC. at Glen Canyon National Recreation Area, in tion Sciences; to the Committee on Inter the Sta;tes of Arizona and Utah, and for Under clause 2 of rule XXIV, executive state and Foreign Commerce. other purposes; to the Committee on Interior By Mr. BROYHILL of Virginia: communications were taken from the H.R. 8115. A bill to extend the application and Insular Affairs. Speaker's table and referred as follows: S. 1808. An act to apportion funds f'or the of section 112(d) of the Internal Revenue National System of Interstate and Defense 958. A letter from the Secretary of the Code of 1954 to certain members of the Highways and to authorize funds in accord Army, transmitting a draft of proposed Armed Forces of the United States and civil ance with title 23, United States Code, for legislation to amend title 10, United States ian employees who were 111egally detained fiscal year 1974, and for other purposes; to Code, to disestablish the Chemical Corps during 1968, and to provide that certain pro the Committee on Public Works. as a basic branch of the Army; to the Com visions of such code relating to members of S.J. Res. 25. Joint resolution to authorize mittee on Armed Services. the Armed Forces shall apply without regard and request the President to issue a proc RECEIVED FROM THE COMPTROLLER GENERAL to whether or not an induction period ex la;ma;tion designating the fourth Sunday in ists; to the Committee on Ways and Means. 959. A letter from the Comptroller Gen By Mr. BURKE of Massachusetts (for September of ea;ch year as "National Next eral of the United States, transmitting a re Door Neighbor Day"; to the Committee on himself, Ms. ABZUG, Mr. BRASCO, Ms. the Judici-ary. port on the assistance to family planning CHISHOLM, Mr. E!LBERG, Ms. HOLTZ programs in Southeast Asia a.dministered MAN, Mr. MITCHELL of Maryland, Mr. by the Agency for International Develop Mo.AKLEY, Mr. MURPHY of New York, ment; to the Committee 'on Government Mr. NIX, Mr. O'HARA, Mr. PEPPER, Mr. SERVICES FOR THE LATE HONORA Operations. PODELL, and Mr. WON PAT) : ABLE WILLIAM 0. MILLS H.R. 8116. A bill to amend title n of the Social Security Act to provide a 50-percent Mr. GUDE. Mr. Speaker, services on across-the-board increase in benefits there- behalf of the late Honorable WILLIAM 0. REPORTS OF COMMITTEES ON PUB LIC BILLS AND RESOLUTIONS under, with the resulting benefit costs being MILLS will be held at St. Marks Methodist borne equally by employers, employees, and Church, Oxford Road, Easton, Md., on Under clause 2 of rule XIII, reports of the Federal Government, and to raise the Saturday, May 26, 1973, at 2 o'clock p.m. committees were delivered to the Clerk amount of outside earnings which a bene- OXIX--1067-Part 18 16908 CONGRESSIONAL RECORD-HOUSE May 24, 1973 ficiary may have without suffering deduc H.R. 8128. A bill to provide for continual By Mr. MINISH: tions from his benefits; to the Committee on application of current basic pay scales to H.R. 8143. A bill to amend the Public Ways and Means. Federal civil service annuities; to the Com HeaLth Service Act to provide for programs By Mr. BURKE of Massachusetts (for mittee on Post Office a.nd Civil Service. for the diagnosis and treatment of hemo himself, Mr. SLAcK and Mr. MoAK H.R. 8129. A bill to amend title II of the philia; to the Committee on Interstate and LEY): Social Security Act to increase the amount Foreign Commerce. H.R. 8117. A blll to amend the tariff and of outside earnings permitted each year By Mr. MORGAN (by request) : trade laws of the United States to promote without any deductions from benefits there H.R. 8144. A bill to provide for the estab full employment and restore a diversified under; to the Committee on Ways and lishment of the Board for International production base; to amend the Internal Rev Means. Broadcasting, to authorize the continuation enue Code of 1954 to stem the outflow of U.S. H.R. 8130. A bill to amend title II of the of assistance to Radio Free Europe and Radio capital, jobs, technology, and production, and Social Security Act so as to remove the limi Liberty, and for other purposes; to the Com for other purposes; to the Committee on Ways tation upon the amount of outside income mittee on Foreign Affairs. and Means. which an individual may earn while receiv By Mr. O'NEILL: By Mr. DON H. CLAUSEN: ing benefits thereunder; to the Committee H.R. 8145. A blll directing the Secretary H.R. 8118. A blll to make rules governing on Ways and Means. of Defense to transfer jurisdiction and con the use of the Armed Forces of the United H.R. 8131. A bill to amend section 121 of trol of a portion of the property comprising States in the absence of a declaration of wat" the Internal Revenue Code of 1954 (relating the Boston Naval Ship Yard at Charlestown. by the Congress of the United States or of a to gain from sale or exchange of residence of Mass., to the Secretary of the Interior; to the mtlitary attack upon the United States; to individual who has attained age 65) to lower Committee on Armed Services. the Commitee on Foreign Affairs. to 60 the age at which the benefits of that By Mr. OWENS: By Mr. COLLIER: section may be elected and to increase the H.R. 8146. A b111 to extend through fiscal ·H.R. 8119. A bill to provide for a study of year 1974 certain expiring appropriations au amount of gain which may be excluded under thorizations in the Public Health Service Act, the availabil1ty of a route for a trans-Canada such section; to the Committee on Ways and the Community Mental Health Centers Act, oil pipeline to transmit petroleum from the Means. and the Development Disab111ties Services North Slope of Alaska to the continental H.R. 8132. A bill to amend the Internal and Facilities Construction Act, and for other United States, and for other purposes; to the Revenue Code of 1954 to provide a basic purposes; to the Committee on Interstate Committee on Interior and Insular Affairs. $5,000 exemption from income tax in the and Foreign Commerce. By Mr. CRONIN (for himself, Mr. AB case of an individual or a married couple, for By Mr. RANGEL (for ' himself, Ms. DNOR, Mr. ASPIN, Mr. CLEVELAND, Mr. amounts received as annuities, pensions, or A.BzuG, Mr. BROWN of California, Mr. COCHRAN, Mr. COHEN, Mr. COUGHLIN, other retirement benefits; to the Committee BUCHANAN, Ms. CHISHOLM, Mr. CLAY, Mr. DE LUGO, Mr. DERWINSKI, Mr. ElL on Ways and Means. Mr. CONYERS, Mr. DIGGS, Mr. HECHLER BERG, Mr. FRASER, Mr. FRENZEL, Mr. H.R. 8133. A bill to amend titles II and of West Virginia, Mr. MOAKLEY:, Mr. FRoEHLICH, Mr. GILMAN, Mrs. Gusso, XVIII of the Social Security Act to include MuRPHY of New York, Mr. RosEN Mr. HANRAHAN, Mr. KETCHUM, Mr. qualified drugs, requiring a physician's pre THAL, Mr. TALCOTT, Mr. THOMSON of MILFORD, Mr. MOORHEAD of California, scription or certification and approved by a Wisconsin, Mr. WoN PAT, and Mr. Mr. O'BRIEN, Mr. PICKLE, Mr. RIEGLE, formulary committee, among the items and YOUNG of Florida) : Mr. SARASIN, Mr. WINN, and Mr. WoN services covered under the hospital insurance H.R. 8147. A bill to amend title 18 of the PAT): program; to the Committee on Ways and United States Code to prohibit bribery of H.R. 8120. A bill to establish a Joint Com Means. State and local law enforcement officers and mittee on Energy, and for other purposes; to H.R. 8134. A bill to amend title XVIII of other elected or appointed officials; to the the Committee on Rules. the Social Security Act to pro'Vide payment Committee on the Judiciary. By Mr. DAVIS of Wisconsin: under the supplementary medical insurance By Mr. ROBINSON of Virginia (for H.R. 8121. A b111 to amend the Federal Traae program for optometrists' services and eye himself, Mr. BROWN of California. Commission Act (15 U.S.C. 45) to provide that glasses; to the Committee on Ways and Mr. DERWINSKI, Mr. FISHER, Mr. under certain circumstances exclusive ter Means. HOSMER, Mr. MAYNE, Mr. THONE, Mr. ritorial arrangements shall not be deemed H.R. 8135. A bill to amend title II of the WARE, Mr. WHITEHURST, and Mr. WON unlawful; to the Committee on Interstate Social Security Act to increase to $750 in all PAT): and Foreign Commerce. cases the amount of the lump-sum death H.R. 8148. A bill to amend title 39 and H.R. 8122. A b111 to amend the Internal payment thereunder; to the Committee on title 18, United States Code, to provide for Revenue Code of 1954 to provide that cer Ways a.nd Means. licensing and protection of distinctive de tain homeowner mortgage interest paid by By Mr. HUBER: signs, legends, and insignia of the U.S. Postal the Secretary of Housing and Urban Develop H.R. 8136. A bill to limit certain legal rem Service; to the Committee on Post Otnce and ment on behalf of a low-income mortgagor edies involving the involuntary busing of Civil Service. shall not be deductible by such mortgagor; schoolchildren; to the Committee on the By Mr. RODINO: to the Committee on Ways and Means. Judiciary. H.R. 8149. A b111 to implement the Con By Mr. EDWARDS o:f C&li:fornia (for H.R. 8137. A b1ll to amend the Civil Rights vention on the Prohibition of the Develop himself and Ms. A.BzuG) : Act of 1964 with respect to school desegrega ment, Production and Stockpiling of Bac H.R. 8123. A b111 to carry out the recom tion; to the Committee on the Ju&ciary. teriological (Biological) and Toxic Weapons mendations of the Presidential Task Force By Mr. KING: and on their Destruction; to the Committee on Women's Rights and Responsibtlities, and H.R. 8138. A bill to incorporate the Italian on the Judiciary. :tor other purposes; to the Committee on the American War Veterans of t~e United States, H.R. 8150. A bill to provide for the appoint Judiciary. Inc.; to the Committee on the Judiciary. ment of transcribers of official court report By Mr. FRASER (for himself, Mr. H.R. 8139. A b111 to amend the Internal ers, transcripts 1n the U.S. District Courts, DIGGS, Mr. O'HARA, Mrs. BURKE of Revenue Code of 1954 to permit an exemp and for other purposes; to the Committee on the Judiciary. California, Mr. YouNG of Georgia, tion of the first $5,000 of retirement income H.R. 8151. A b111 to provide for the ap and Mr. COHEN) : received by a taxpayer under a public retire H.R. 8124. A b111 to amend the United pointment of legal assistants in the courts Nations Participation Act of 1945 to halt ment system or any other system if the tax of appeals of the United States; to the Com the importation of Rhodesian chrome and to payer 1s at least 65 years of age; to the Com mittee on the Judiciary. restore the United States to its position as a mittee on Ways and Means. By Mr. RODINO (for himself, Mr. law-abiding member of the international By Mr. McKAY (for himself and Mrs. HUTCHINSON, Mr. FLOWERS, Mr. SEI community; to the Committee on Foreign HANSEN Of Washington): BERLING, Ms. JORDAN, Mr. MEZVINSKY, Affairs. H.R. 8140. A bill to amend the Mining and Mr. McCLORY, Mr. DENNIS, and Mr. By Mr. FREY: Minerals Policy Act of 1970; to the Commit SANDMAN): H.R. 8125. A b111 to amend chapter 83 o:f tee on Interior and Insular Affairs. H.R. 8152. A b111 to amend title I of the title 5, United States Code, to eliminate the By Mr. MARTIN of North Carolina: Omnibus Crime Control and Safe Streets Act survivorship reduction during periods of non H.R. 8141. A blll to amend the Rules of the of 1968 to improve law enforcement and marriage of certain annuitants; to the Com House of Representatives and the Senate to criminal justice and for other purposes; to the Committee on the Judiciary. mittee on Post Office and Oivil Service. improve congressional control over budgetary H.R. 8126. A bill to increase the con outlay and receipt totals, to prowde for a By Mr. ROY (for himself, Mrs. SuL tribution of the Government to the cost of LIVAN, Mr. BIESTER, Mr. CONYERS, Mr. legislative budget director and staff, and for RINALDO, Mr. ROE, and Mr. CHARLES health benefits for Federal employees, and other purposes; to the Committee on Rules. H. WILSON of California) : for other purposes; to the Committee on Post By Mr. MEEDS (for himself, Mr. HAN H.R. 8153. A bi11 to establish a Consumer omce and Civil Service. SEN Of Idaho, Mrs. CHISHOLM, Mr. Savings Disclosure Act 1n order to provide H.R. 8127. A b111 to provide increases in WOLFF, Mr. ADAMS, Mr. O'HARA, and for uniform and full disclosure of informa certain annuities payable under chapter 83 Mr. HILLIS) : tion with respect to the computation and of title 5, United States Code, and for other H.R. 8142. A bill to amend and improve the payment of earnings on certain savings de purposes; to the Committee on Post Office Adult Education Act; to the Committee on posits; to the Committee on Banking and and Civil Service. Education and Labor. Currency. May 24, 1973 EXTENSIONS OF REMARKS 16909 By Mr. STGERMAIN: strictions on the rights of oftlcers and em By Mr. MACDONALD (for himself, Mr. H.R. 8154. A bill to equalize the retired pay ployees of the Postal Service, and for other Moss, Mr. STUDDS, Mr. STARK, Mr. of members of the uniformed services of purposes; to the Committee on Post Oftlce SARBANES, Mr. MOAKLEY, Mr. HAWK equal grade and years of service; to the and Civil Service. INS, Mr. RIEGLE, Mr. HARVEY, Mr. Committee on Armed Services. By Mr. WHALEN: MuRPHY of New York, Mr. McCLORY, H.R. 8155. A bill to amend the act of May H.R. 8159. A bill to amend title 38 of the Mr. HOWARD, Mr. BRECKINRIDGE, Mrs. 20, 1964, entitled "An Act to prohibit fishing United States Code to make certain that HECKLER of Massachusetts, and Mr. in the territorial waters of the United States recipients of veterans' pension and compen COTTER); and in certain other areas by vessels other sation will not have the amount of such pen H.J. Res. 577. Joint resolution providing for than vessels of the United States, and by per sion or compensation reduced because of in the orderly review of fee-paid oil import sons in charge of such vessels", to define creases in monthly social security benefits; licenses; to the Committee on Ways and those species of Continental Shelf fishery re to the Committee on Veterans' Affairs. Means. sources which appertain to the United States, By Mr. WINN: By Mr. PEPPER: and for other purposes; to the Committee on H.R. 8160. A bill to amend title 38 of the H.J. Res. 578. Joint resolution designating Merchant Marine and Fisheries. United States Code to provide improved the last Sunday in January of each year as H.R. 8156. A bill to amend title 38 of the medical care to veterans; to provide hospital "Sons' and Daughters' Day"; to the Commit United States Code so as to increase the pe and medical care to certain dependents and tee on the Judiciary. riod of presumption of service connection for survivors of veterans; to improve recruitment By Mr. HARVEY: certain cases of multiple sclerosis from 7 to and retention of career personnel in the De H. Con. Res. 224. Concurrent resolution 10 years; to the Committee on Veterans partment of Medicine and Surgery; to the expressing the sense of Congress with respect Affairs. Committee on Veterans' Affairs. to reduction of speed limits and certain other By Mr. SEIBERLING (for himself, H.R. 8161. A bill to amend title 38, United measures relating to the alleviation of the States Code, to authorize a treatment andre motor vehicle fuel shortage; to the Commit Ms. BuRKE of California, Mr. CoN hab111tation program in the Veterans' Admin tee on Interstate and Foreign Commerce. YERS, Mr. DE LUGO, Mr. EcKHARDT, Mr. istration for servicemen, veterans, and ex By Mr. WYATT: FAUNTROY, Mr. FRASER, Mr. liARRING servicemen suffering from drug abuse or drug H. Con. Res. 225. Resolution expressing the TON, Mr. HEcHLER of West Virginia, dependency; to the Committee on Veterans' opposition of the Congress to certain meas Ms. HoLTZMAN, Mr. McCLOSKEY, Mr. Affairs. ures for the curtailment of benefits under the MITCHELL of Maryland, Mr. MOAKLEY, By Mr. MACDONALD (for himself, Mr. medicare and medicaid programs; to the Mr. PEPPER, Mr. PODELL, Mr. RANGEL, BADILLO, Mr. ST GERMAIN, Mr. VAN Committee on. Ways and Means. Mr. REUSS, Mr. ROSENTHAL, Mr. JAMES DEERLIN, Mr. ROSENTHAL, Mr. STRAT By Mr. FREY: V. STANTON, Mr. WALDIE, and Mr. TON, Mr. DRINAN, Mr. YATRON, Mr. H. Res. 412. Resolution to create a Select WoN PAT): RoE, Mr. OBEY, Mr. PoDELL, Mr. GoN Committee on Aging; to the Committee on H.R. 8157. A bill to reduce the social se ZALEZ, Mr. CRONIN, Mr. BOLAND, Mr. Rules. curity taxes to the 1972 rates and to provide MURPHY of illinois, Mr. PEPPER, Mr. a further reduction in such taxes for limited YATES, Mr. DONOHUE, Mr. THOMPSON income individuals; to the Committee on of New Jersey, Mr. BuRKE of Massa PRIVATE BILLS AND RESOLUTIONS chusetts, Mr. ECKHARDT, Mr. ANNUN Ways and Means. ZIO, Mr. BELL, Mr. McCORMACK, and Under clause 1 of rule XXII, By Mr. WALDIE (for himself, Mrs. Mr. HARRINGTON) ; Mr. BURKE of Massachusetts introduced BURKE of California, and Mr. MOAK H.J. Res. 576. Joint resolution providing a b111 (H.R. 8162) for the relief of Silverio LEY); for the orderly review of fee-paid oil import Conte, his wife, Lucia Conte, their son Aniello H.R. 8158. A b111 to amend titles 39 and 5, licenses; to the Committee on Ways and Conte, and their daughter, SUvanna Conte; United States Code, to eliminate certain re- Means. to the Committee on the Judiciary.
EXTENSIONS OF REMARKS
HOWARD "BO'' CALLAWAY, an election and we repeat it now for his these problems. Due to his efforts Mr. Calla SECRETARY OF THE ARMY way wm inherit a smoothly running work with the Army-"Go Bo." machine. Go "Bo" The task now is to work out the final poli HON. BO GINN The selection of Georgian Howard "Bo" cies and procedures of the post-Vietnam OF GEORGIA Callaway to assume the duties of secretary period, and to put the Army back into a of the Army was a wise choice. condition of combat readiness. Firm policy IN THE HOUSE OF REPRESENTATIVES Mr. Callaway, whose appointment by Presi guidelines must be hammered out and inno Wednesday, May 23, 1973 dent Nixon was confirmed Thursday, brings vations adopted. Some of the practices the to this post an intimate knowledge of public army employed when the draft was in effect Mr. GINN. Mr. Speaker, the State of and m111tary affairs. A graduate of the United are not compatible with an all-volunteer Georgia. is honored to have one of her States M111tary Academy, Callaway served force. These practices must be modified or most distinguished citizens recently with distinction as a lieutenant during the abandoned. Other practices and traditions nominated, confirmed, and sworn in as Korean war. As a congressman, he repre ·must be retained and perhaps expanded. In- sented Georgia's 3rd District as a member of sight and practical experience are needed to the new Secretary of the Army. No better the 89th Congress. In 1966 he ran for gover make these fine distinctions. Bo Callaway selection could have been made than nor of Georgia with the slogan "Go Bo." Al possesses these qualities. It would be hard that of Howard "Bo" Callaway, a suc though he received a majority of the popular to find a better man for the job. cessful businessman, former Congress vote his percentage of that vote was not man, dedicated community leader, and large enough to afford him victory. Under beloved citizen and family man. the terms of the Georgia Constitution, it "Bo" Callaway is a good friend of mine was the duty of the General Assembly to EL PASO CELEBRATES ITS lOOTH select a governor under such circumstances. and I welcome him to Washington in this Mr. Callaway was and stm is a Republican, BffiTHDAY important post. I have known of his per and the heavily Democratic· Assembly sonal qualities for years and know that awarded the election to his rival, Lester Mad he will bring the same dedication and dox. It was during this campaign that people HON. RICHARD C. WHITE intelligence to this task as he has to so throughout our state became aware of the OJ' TEXAS many others. outstanding qualities of this man. He is IN THE HOUSE OF REPRESENTATIVES We all know that the Army faces many articulate, intell1gent, and devoted to duty. Thursday, May 24, 1973 difficult problems but they can be solved These traits are the indispensable prereq.. wsites for anyone who wishes to serve suc Mr. WHITE. Mr. Speaker, El Paso now as they have been in the past with cessfully as secretary of the Army today. In the major city in the 16th District of proper leadership and integrity in the recent years the Army has suffered several Texas which I have the honor of repre work. traumatic shocks. Among these were the senting in the Congress-has just com The editor of the Savannah Morning Vietnam experience, drug abuses, and racial tensions. Adding further strains were the pleted a 2-week observation of its lOOth News wrote an editorial for the May 15, birthday. In itself, this anniversary 1973, edition and I submit this editorial elimination of the military draft and the The previous secretary, Robert Froehlke, would not be overwhelmingly noteworthy for inclusion in the REcORD as it does did an admirable job of contending with in a. country which is preparing to cele great justice to the stature of ''Bo" Calla conversion of the Army to an all-volunteer brate its second lOOth birthday; but it way. He used the slogan "Go Bo" during_ force. is extremely significant when viewed