Extensions of Remarks

March 29, 1976 EXTENSIONS OF REMARKS 8497 ceeds of which are for the tax exempt activity to designate the second full calendar week of the Organization for Economic Coopera­ of providing hospital facilities. in March of 1976 as "National Employ the tion and Development and the International H.R. 12294. March 3, 1976. Interior and Older Worker Week". Monetary Fund with the intent of develop­ Insular Affairs. Authorizes the Secretary of H.J. Res. 838. March 2, 1976. Post Office ing an appropriate code of conduct and the Interior to acquire lands and interests and Civil Service. Authorizes the President specific trading obligations among govern­ in lands in specified areas of Nebraska and to designate the second full calendar week ments, together with suitable procedures for to establish the Trails West National His­ in March of 1976 as "National Employ the the settlement of disputes. torical Park in Nebraska and Wyoming once Older Worker Week". H. Res. 1062. March 2, 1976. House Admin­ sufficient lands have been acquired. H.J. Res. 839. March 2, 1976. Post Office istration. Authorizes expenditures by the H.R. 12295. March 3, 1976. Ways and Means. and Civil Service. Designates the period House Committee on International Relations Authorizes every individual whose income March 1, 1976 through March 7, 1976, as for inquiries and investigations. tax liability, under the Internal Revenue "National Weights and Measures Week". H. Res. 1063. March 2, 1976. Int erstate and Code, is $1 or more to designate $1 of that Foreign Commerce. Calls for measures by liability to provide financial assistance to the H.J. Res. 840. March 2, 1976. International Federal agencies to insure -that the quality United States Olympic Committee. Relations. Directs the President to seek an and quantity of free broadcasting service is H.R. 12296. March 4, 1976. Interior and In­ arrangement with Canada calling for an im­ not impaired by the development of pay sular Affairs. Directs the Secretary of the mediate moratorium on the killing of the television. Interior to convey without consideration to eastern timber wolves. H. Res. 1064. March 2, 1976. Sets forth, in the city of Yakutat, Alaska all interest of H.J. Res. 841. March 2, 1976. Judiciary. response to a certain subpena duces tecum, the United States in a speclfled tract of land. Proposes an amendment to the Constitution t he Rules of the House of Representatives H.R. 12297. March 4, 1976. Education and which includes unborn offspring within the with respect to judicial process regarding Labor. Amends the Federal Coal Mine Health definition of "person" for purposes of the personnel, Members, and documents of the and Safety Act of 1969 to include death or fifth and fourteenth Articles of Amendment House. disease incurred in open pit diatomaceous to the Constitution. H. Res. 1065. March 2, 1976. Sets forth, in earth mines along with underground mines H.J. Res. 842. March 3, 1976. Judiciary. response to a certain subpena duces tecum, within the scope of coverage of black lung Proposes an amendment to the Constitution the Rules of the House of Representatives benefits to miners and their dependents. which includes unborn offspring within the with respect to judicial process regarding H.R. 12298. March 4, 1976. Ways and Means. definition of "person" for purposes of the personnel, Members, and documents of the Exempts asphalt distributors, under the In­ fifth and fourteenth Articles of Amendment House. ternal Revenue Code, from the excise tax on to the Constitution. H. Res. 1066. March 2, 1976. Judiciary. Di­ motor vehicles, parts, and accessories. H.J. Res. 843. March 3, 1976. Agriculture. rects that specified Federal judges be im­ H.R. 12299. March 4, 1976. Ways and Means. Provides for payments by the Secretary of peached for usurping the authority of the Amends the Social Security Act to authorize Agriculture to farmowners or operators U.S. Congress to determine whether and payment under the Medicare program for storing grain commodities whenever the ex­ when pay raises for Federal judges should be specified services performed by chiropractors, port sales of such grains are suspended. granted. including X-ray and physical examinations, H.J. Res. 844. March 3, 1976. Post Office H. Res. 1067. March 2, 1976. Sets forth the and related routine laboratory tests. and Civil Service. Requests the President to rule for consideration of H.R. 11124. H.R. 12300. March 4, 1976. Judiciary. Re­ proclaim the second week of May as "Munici­ H. Res. 1068. March 2, 1976. Sets forth the quires specified minimum prison sentences pal Clerks' Week". rule for consideration of H.R. 11963. for felons using or carrying a firearm during H.J. Res. 845. March 3, 1976. Post Office H. Res. 1069. March 2, 1976. Waives points the commission of a felony which may be and Civil Service. Designates April 29, 1976, of order against specified provisions of the prosecuted in a Federal court. Subjects such as the "National Day of Prayer". bill (H.R. 12203) making appropriations for felons to possible increased sentences as HOUSE RESOLUTIONS foreign assistance and related prograins. dangerous special offenders. H. Res. 1061. March 2, 1976. Banking, Cur­ H. Res. 1070. March 3, 1976. Designates a HOUSE JOINT RESOLUTIONS rency and Housing. Directs the Secretary of certain individual a minority employee of H.J. Res. 837. March 2, 1976. Post Office the Treasury and other Federal officials to the House of Representatives, to receive a and Civil Service. Authorizes the President initiate negotiations within the framework specified annual compensation.

EXTENSIONS OF REMARKS

THE FDA AND RED DYE NO.2: ADVI­ search Group when the FDA chairman I ask unanimous consent that Boffey's SORY COMMITTEE THRASHES IT tried to close the meeting for gripes about article be printed in the RECORD, together OUT IN PUBLIC organizational matters, gives us a close with another article of his, entitled look at the advisory committee process. ''Color Additives: Botched Experiment Ironically, on March 9 a witness at Leads to Banning of Red Dye No. 2,'' HON. LEE METCALF the hearing of the Subcommittee on Re­ from the February 6 issue of Science. OF MONTANA ports, Accounting and Management on There being no objection, the articles two bills to amend the Federal Advisory were ordered to be printed in the RECORD, IN THE SENATE OF THE UNITED STATES Committee Act was suggesting that we as follows: Monday, March 29, 1976 do not really know very much about the SciENTISTS AND BUREAUCRATS: A CLASH OF advisory committee process. Prof. Henry CULTURES ON FDA ADVISORY PANEL Mr. METCALF. Mr. President, the J. Steck, of the State University of New Toxicology Advisory Committee of the York, College at Cortland, testified in (By Phlllp M. Boffey) Food and Drug Administration held a part that day: When scientist meets bureaucrat, the expe­ meeting on March 8 and 9 in Rockville, We know relatively little about the rela­ rience can be frustrating to both. Md., that was inconclusive and revealing. tionship between agency personnel and com­ Consider, for example, the recent 2-d~y It was inconclusive because the ad­ mittees: in some cases committees appear meeting of the Toxicology Advisory Commit­ visory committee members failed to reach to be little more than a nuisance or a kind tee of the Food and Drug Administration a consensus on key issues involving the of symbo1.1c gesture to organized interests; (FDA). This group of distinguished scien­ controversial color additive, Red Dye in other cases, advisory groups appear to tists-drawn primarily from the universities have substantial formal or informal ln1lu­ and government health agencies-has been No.2. ence. The years of hearings are filled with grappling with the problem of determining It was revealing to those in attendance differing and often conflicting conclusions, the safety of the controversial color additive, and is now to us, too, thanks to a splen­ hY!)Otheses, and case studies. Yet in some Red Dye No. 2. It operates amid a swirl of did account, "Scientists and Bureau­ ways we are no .farther ahead now than we conflicting interests and in full view of the crats: A Clash of Cultures on FDA Ad­ were three years ago. public, thanks to recent laws that require much advisory committee business to be con­ visory Panel," by Philip M. Boffey in the Mr. President, I think Professor Steck March 26 issue of the journal, Science. ducted in open session, where petty irrita­ is right, and that we do not know nearly tions and clashing egos lie exposed to all. Boffey's report of the carping and in­ as much as we should about the advi­ The com.mittee was appointed late last year terplay, of the scientists' discomfiture at sory pro.cess after more than 3 years of to give the harassed FDA greater expertise on having to debate complicated issues in experience with the Federal Advisory issues involving the safety of chemicals in public, of the FDA's insistence that the Committee Act. I also think Philip Bof­ foods, drugs, cosmetics, and medical devices. meeting be open, of the protest by an at­ fey's article sheds a lot of light on the It is considered one of the agency's most im­ torney for Ralph Nader's Health Re- subject. portant advisory bodies--one of only two 8498 EXTENSIONS OF REMARKS March 29, 1976 such committees chaired by a high FDA offi­ come to Washington to counsel the titans tee members suggested that all communica­ cial. • of government. tions involved in their work should be kept on 8 and 9 March the committee members The committee was formed last October confidential lest they be distorted or taken assembled at FDA offices in Rockville, Mary­ and was given two broad assignments-to out of context. But they received no assur­ land, to consider the safety of both Red No. 2 develop standards for toxicity testing and to ances from the FDA that this would always and its successive, Red No. 40. They heard assess the safety of specific substances. In be done. John Jennings, the FDA's associate presentations by FDA officials, debated the an ideal world, one would first establish the commissioner for medical affairs, who chaired significance of experimental findings, and testing standards, then evaluate specific sub­ the meeting, apologized for not being able tried to reach a consensus on key issues. But stances by those standards. That is what to get Gaylor's analysis to the members "be­ they were plainly irritated at the conditions many members of the committee expected to fore it hit the fan," and he pledged to "do under which they were forced to operate. do. But even before the group held its first our damnedest to stop leaks." But he noted They complained repeatedly about having to meeting, the FDA, which was caught in the that leaks seem inevitable in some cases, and debate complicated scientific issues at a pub­ middle of sharp controversy over Red Dye that other documents must be made p ublic lic meeting--one that was jammed to the No. 2, tossed the hot potato to the new com­ under "the infamous Freedom of Informa­ point of overheating by a crowd of bureau­ mittee for an advisory opinion. Thus the tion Act." That act-and a companion meas­ crats, industry representatives, reporters, and group's first 2-day meeting-held last No­ ure, the Federal Advisory Committee Act­ a lone consumer advocate. Their chief fear vember-was devoted to an extensive review are designed to open previously secret gov­ was that offhand remarks might be taken of the scores of studies that had been per­ ernment processes to public scrutiny, but "out of context." Nor did they appear molli­ formed over the decades to test the safety many bureaucrats and scientists balk at the fied when an FDA official assured them, "The of Red No. 2. Many of those present felt that idea of performing in public, wher e their ad­ audience may be out there, but that doesn't Red No. 2 appeared innocuous on the basis vice can be second-guessed or, as some would stop the monkeys in the zoo from playing." of available evidence, and they proclaimed put it, "misconstrued." But mostly they railed against what they as much in the public session. But, just to Nor did the committee members get much perceived as heavy-handed manipulation of be sure, they asked a few of their members satisfaction when they raised the possibility the discussion by FDA officials who had cer­ to perform additional analyses. Then they of holding closed meetings. The FDA had tain questions they wanted answered-ques­ adjourned, expecting to resume their meas­ decided to open the meetings on Red No. 2 tions that did not always strike the commit­ ured deliberations at a future meeting. rather than face a possible legal challenge to closed proceedings, and FDA officials t old the tee members as sensible or appropriate. At Two months later the FDA commissioner one point the committee refused to take a committee it would just have to learn to "live announced a ban on Red No.2 without even With" the new spirit of openness. At one yes-or-no vote on an issue it considered too consulting the committee. In the interim, complicated for such treatment. At another point Jennings tried to close the meeting so one of those additional analyses the com­ the committ ee could air its gripes about or­ point it flatly refused to answer a question tnittee had ordered up-a statisical analysis posed by an FDA attorney, and later gave an ganizational matters in private, but he of a recent FDA study performed by David backed down when Anita Johnson, a n at­ industry lawyer the same cold shoulder. By W. Gaylor, principal biological statistician at the end of the second day the exasperated torney for Ralph Nader's Health Research the FDA's National Center for Toxicological Group, quietly protested violation of the scientists staged a mini-revolt--winning the Research in Jefferson, Arkansas-found a right to appoint one of their own kind as Federal Advisory Committee Act , then stoi­ significant increase in the number of malig­ cally sat through the discussion of house­ cochairman alongside the FDA representative nant tumors in female rats fed high doses of to ensure that henceforth matters the sci­ keeping trivia to establish her point. Red No. 2. Recognizing a potentially explo­ The entire first day and part of the second entists consider significant wm get as much sive new element in public debate over the attention as questions deemed important by was spent trying to reach a consensus on safety of Red No.2, the commissioner wanted certain questions about Red No. 2. The com­ the FDA bureaucracy. an advisory opinion on the significance of It was clearly a clash of two cultures and mittee voted unanimously that the FDA's Gaylor's analysis, and he wanted it fast. The crucial "botched" experiment was not of a styles. On one side were the scientist ad­ Toxicology Advisory Committee was deemed visers-fond of extended debate, resentful quality that could be used to demonst rate too cumbersome for rapid convening, so a the safety of Red No. 2. That verdict essen­ of efforts to force answers from questionable "working group" of government scientists data, and prone to argue strenuously over tially endorsed the conclusion previously (three of whom were members of the advi­ reached by the "working group," and it up­ the meaning of words before even agreeing sory committee) was hastily assembled. It on the appropriateness of a question to be held the most important basis for the FDA concluded that Gaylor's statistical approach commissioner's decision to ban Red No. 2, posed. On the other side were the regulatory was valid but that someone should recheck officials (many of them scientists as well)­ namely that there is no experiment in sight the pathological data. on which his analysis that could exonerate the dye. Then the com­ beset by a new crisis every week, unable to had been performed. The working group also wait for "all the facts" before acting, and mittee was asked to vote on whether the stressed that the FDA study had been so results of the botched study provide "evi­ obllged to operate in accord with a bewil­ badly "botched" in execution that it could dering array of laws and regulations that dence" of the carcinogenicity of Red No. 2. never be used to demonstrate the safety of But what did that mean? Any evidence? Sig­ often dictate the questions that must be Red No. 2 (Science, 6 February). That bit of asked and the decisions that must be made. nificantly evidence? Substantial evidence? advice led the commissioner to ban Red No agreement was reached, so the committee Such collisions of representatives from differ­ No.2, a decision that is now being contested ent worlds are by no means uncommon. They member who framed the question, W. Gary in the courts by the manufacturers of color Flamm, of the National Cancer Institute, occur with increasing regularity, as dozens of additives. But in the meantime, Red No. 2, federal agencies reach into the research com­ solved the problem by declining to add any which had almost won a clean b111 of health modifier. The committee itself refused to munity to obtain the help of outside advisers. from the Toxicology Advisory Committee in The tribulations of the Toxicology Advisory take a yes-or-no vote; each member gave November, has been abruptly and dramati­ a brief personal answer using whatever Committee provide a revealing glimpse of the cally sentenced to extinction. strains and fl'\lS'tt'&tions-some justified, definition he felt comfortable with. Ob­ some not--experienced by scientists who IRRITATION ON THE COMMITTEE servers from the FDA, the industry, and the Not surprisingly, when the committee was journalistic pool kept their own informal finally reconvened early this month, some counts, reaching a consensus that six com­ *The committee is currently chaired by members were miffed at the way they had mittee members felt the experiment was so Mark Novitch, the FDA's acting associate been bypassed; one grumped that the com­ bungled it provided no evidence of carcino­ commisisoner for science, and includes mittee itself should have been used as the genicity (or much of anything else for that Thomas B. Clarkson, Wake Forest University; "working group." They were also upset that matter), while only four committee members Thomas W. Clarkson, University of Roches­ the analysis that initieted the downfall of detected some evidence of carcinogenicity, ter; W. Gary Flamm, National Cancer In­ Red No.2-theone done by Gaylor, a member however tainted it might be. The majority stitute; David W. Gaylor, FDA's National of the committee, at the request of the com­ seemed to repudiate the significance of Gay­ Center for Toxicological Research; Eloise R. mittee-was leaked to reporters and then lor's analysis that had triggered the banning Giblett, King County Central Blood Bank, officially released by the FDA before most of Red No. 2, and it undercut the FDA com­ Seattle; Bert N. LaDu, University of Mich­ members of the committee had ever seen it. missioner's assertion that the botched ex­ igan; H. George Mandell, George Washington "Red 2 was tried in the press,'' said Edward periment had raised again "certain safety University; Sheldon D. Murphy, Harvard A. Smuckler, professor of pathology at the questions." University; Edward A. Smuckler, University Universiy of Washington's medical school, The committee members clearly felt un­ of Washington; Robert A. Squire, National who complained that the committee's own comfortable about squabbling in publle. Two Cancer Institute; Thomas R. Tephly, Univer­ contribution-notably Gaylor's analysis--was even alleged that Gaylor's failure to attend sity of Iowa; and Ja.m.es G. Wilson, Children's "compromised" by failure to treat the issue the second day's proceedings was due to Hospital Research Foundation, Cincinnati. in a proper scientific forum. "It's wrong that "embarrassment" over the way things were Not all members attended the recent meeting, this should hit the media before it hits the handled. But Gaylor told Science such al­ which was chaired by John Jennings, the table," agreed Thomas R. Tephly, director of legations were absurd-he had to leave for FDA's associate commisisoner for medical the Toxicology Center at the University of a previous speaking commitment in Texas. affairs. Iowa's College of Medicine. Several commit- As far as Gaylor is concerned, those who March 29, 1976 EXTENSIONS OF REMARKS 8499

voted in the majority didn't fully realize COLOR AnnrriVES: BOTCHED EXPERIMENT LEADS and outside scientists which was formed last that the errors in the botched experiment TO BANNING OF RED DYE No. 2 year to deal with just such perplexing and would tend to mask the harmful effects of (By Philip M. Boffey) controversial issues as the safety of Red 2. Red No. 2-thus 1f there is a hint of carcino­ A deft legal maneuver by Food and Drug The Committee held its first meeting in late genicity, Gaylor said, it should be considered Commissioner Alexander M. Schmidt has en­ November and, to judge from the proceed­ even stronger evidence than 1f the experi­ abled his embattled agency to climb free of ings, it appeared that Red 2 would be exoner­ ment weren't botched. Gaylor also speculates the wreckage of a ludicrously botched experi­ ated from suspicion as a carcinogen. The that some members were antagonistic toward ment on the safety of the controversial color pathology division of the Bureau of Foods the analysis partly because "they were ticked additive known as FD & C Red No. 2. After submitted a report on the "botched" experi­ off at being bypassed by the commissioner" a frantic 10 days of searching for a way out ment which concluded that Red 2 had "no in the decision to ban the dye, and partly of the Red 2 imbroglio, Schmidt announced apparent adverse effect" on the rats. And because, like all scientists, they are enthu­ on 19 January that he would ban further many members of the advisory committee siasts for good experimental work and don't use of the dye in foods, drugs, and cosmetics. seemed to agree, offering such comments as want to rely on a flawed experiment. Just 2 months earlier his own Bureau of "I have a feeling that this is an innocuou~ The practical effect of the majority's vote Foods and several members of an expert P.-d­ color" and, "There has been no evidence that against Gaylor is expected to be negligible. visory committee had seemingly given the this compound is a significant or major An FDA attorney said that if even four of ten dye a.clean blll of health. But in the interim carcinogen." · experts see a hint of cancer, it supports the a new statistical analysis of previously con­ Stlll, just to be certain, the committee commissioner's case, and an industry attor­ sidered data suggested that Red 2 might well ordered up three further analyses by experts ney agreed that the FDA came out ahead as a cause cancer. The results of the new anal­ Within its membership. One of those result of the various votes at the meeting. ysis, which surprised most of the experts who studies--a statistical analysis of the results In addition to the cancer issue, some com­ were reviewing the status of Red 2, raised of the "botched" study performed by David mittee members expressed concern that Red questions in some minds as to the adequacy W. Gaylor, principal biological statistician No. 2 might be having adverse effect on the of the testing and analytical procedures tra­ at the FDA's National Center for Toxicologi­ general health and mortality of test animals, ditionally used by the Food and Drug Ad­ cal Research in Arkansas-revealed that the Bureau of Foods may have been a bit too and many were d~isturbed by hints that one of ministration (FDA) to determine the safety the metabolites of the dye might conceivably of food chemicals. hasty in drawing its rosy conclusions. Gaylor be mutagenic. But consensus was reached Red 2 has been the most widely used food found that, while it was indeed true tha.t that the dye has no adverse effect on repro­ color in this country, and it has always been there was no significant difference In the touted as the "most thoroughly tested" of all total number of tumors, both benign and duction. malignant, in the high-dose and low-dose On the second day, yet another vote was the food colors. Yet questions were raised in the early 1970's, largely on the basis of tests groups, there was in fact a significant in­ taken. The committee agreed unanimously crease in the number of malignant tumors that, based on all the evidence from all the conducted in the Soviet Union, as to whether the dye might cause cancer or reproductive found in the female rats fed the high dose. tests it had reviewed, it could not approve Gaylor's analysis, da-ted 31 December, beoame the safety of Red No. 2. All very well and damage. In an effort to answer these questions, two known to the press, a circumstance which good, but could the committee disapprove led FDA Commissioner Schmidt to announce the safety of Red No. 2? asked an industry major tests were conducted by FDA. One, a collaborative effort involving two FDA labo­ on 8 January that he would proceed with attorney, hoping to receive a negative answer whatever action was warranted within 10 that might strengthen his case that the FDA ratories and a commercial laboratory, con­ cluded that Red 2 does not cause reproduc­ days. That launched a rushed reappra.isal.. had no good reason to ban the dye. He got A working group of scientists from the nowhere. The committee concluded it had tive damage. The other, also originally launched as· a reproduction study but then Toxicology Advisory Committee, the FDA, talked long enough and taken enough votes. and the National Cancer Institute met on "My time is valuable,'' Smuckler said. adapted to examine the question of carci­ nogenicity, soon became such a muddle that 14 January to review Gaylor's analysis. They In the intermittent gripe sessions, various it is routinely referred to by FDA scientists concluded, in essence, that Gaylor's statistical members complained that the chairman had as the "botched" or "bungled" study. Yet it approach was valid, but that the strength of been too rigid in pushing them toward votes, is this study which formed the basis for the his conclusions would depend upon confirm­ that they did not have time to fully debate recent regulatory decision on Red 2. ing the original pathology data "using a the issues and argue among themselves, and The study involved feeding Red 2 to four slight redefinition of tumor types." The sig­ that they were forced to respond to the per­ different groups of rats, each at a different nificance of this is that some of the tumors ceived needs of the FDA-particularly its dosage level, and then comparing the health counted as "benign" might conceivably_ be legal counsel-with little opportunity to of these treated groups with the health of reclassified as "important" (benign now, but frame issues in terms they thought desirable. a control group. There were 500 rats in all­ possibly heading for malignancy) or perhaps "I don't feel we were allowed yesterday to seemingly enough for a solid evaluation. But even "malignant." If a substantial number discuss the issue of Red 2 in full open scien­ the study was left unsupervised for a long of the "benign" tumors in the low-dose group tific debate," Tephly said. "I felt we were be­ period of time after a scientist was trans­ were reclassified, that might wipe out the ing pressured to say, Is Red 2 a carcinogen, ferred, and it developed two serious flaws. difference between the low- and high-dose possibly a carcinogen, not a carcinogen, or To begin with, the animal handlers managed groups, perhaps indicating that Red 2 had no whatever,'' agreed Sheldon D. Murphy, asso­ to put some of the rats back in the wrong pronounced effect after all. Such, at least, is the speculation among those scientists at the ciate professor of toxicology at Harvard cages part way through the experiment, so that an undetermined number of rats were Bureau of Foods who stlll are dubious that School of Public Health. " ... There seemed Red 2 is harmful. to be an implication that we had to define shl!ted among the control group and the four treated groups. Second, the animal handlers The working group noted that the black and white questions and yes or no an­ "botched" study was of such poor quality swers." Chairman Jennings pleaded guilty to were lackadaisical about retrieving dead rats from their cages and rushing them off to the that it could never be used to demonstrate "clumpsy chairing,'' but he noted that there pathologists for examination. As a result, the safety of Red 2, but it suggested further are occasions when the FDA simply has to virtually all of the rats that died during the evaluations of the data in an effort to de­ put particular questions to its advisory course of the experiment were so badly de­ termine whether Red 2 is carcinogenic. How­ groups whether they like it or not. composed as to be of little use for evaluation. ever, the FDA commissioner, who had recent­ The clash of scientists and bureaucrats did Only those rats that survived to the end of ly been given a rough time on Red 2 by vari­ not seem disabling. Despite all its grumbling, the experiment and were killed-some 96 in ous senators and congressmen the General the committee managed to perform its tasks all-were available for detailed histopatho­ Accounting Office, and reporter~ on a nation­ in a way that the FDA found useful, and logical examination. "It was the lousiest ex­ wide television interview show, was not periment I've seen in my life,'' commented about to wait for more evaluations. On 19 that, after all, is the only point in having January, he announced that he would act such a committee. Some of the complaints one scientist who reviewed the data. Yet the study was not considered a total immediately to terminate the approval for seemed to verge on the prima-donnaish, use of Red 2 in foods, drugs, and cosmetics. while others reflected a misconception that loss by the FDA, which reasoned that it would be possible to treat the Intact ani­ He did not claim that Red 2 is carcinogenic. overtakes many advisory groups-the uncon­ mals which had been fed the largest dose of Rather, he noted that Red 2 had only a "pro­ scious assumption that the advisory group Red 2-3 percent of their diet;..-.,as a "high visional" approval, a category that is meant should, in fact, be the decision-making dose" group and all the other intact animals to indicate that studies are under way that group. The airing of gripes seemed to leave as a "low dose" group. By comparing the two are expected to demonstrate sa!ety and thus both sides in good humor. As a final gesture, groups, the reasoning went, it might be pos­ lead to "permanent" approval. Since the after complaining bitterly about "poor com­ sible to learn something about whether Red latest FDA study could not establish safety, munications" a.nd "lack of information," the 2 is carcinogenic. he said, and since no other studies are known committee members heaped laviSh praise on A key role in making this determination to be under way that could resolve the safety their FDA staff support for keeping them well was to be played by the FDA's Toxicology Ad­ questions, the provisional approval had to informed. visory Committee, a. group of government be rescinded. The burden o! proof, he added, 850~ EXTENSIONS OF REMARKS March 29, 1976 lies with those who manufacture or use Red problems of older Americans in Massa­ has one of the nation's highest cash pay­ 2 to prove that it is safe and useful. Then, chusetts. Since Massachusetts has one ment levels, the maximum amount that an since he had not exactly ruled tha.t Red 2 is of the highest concentrations of older elderly couple receives, including social secu­ unsafe, he explained that there would be no rity benefits, is $428.00 a month, resulting recall of existing products containing Red 2 Americans in the Nation, I was deeply in an annual income of $5,136. For a single since there is "no evidence of a. public health pleased that the committee went to Bos­ older person, the maximum payment with hazard." ton to hear from the Commonwealth's social security is $288.00 a month, or $3456 Industry spokesmen were predictably out­ older citizens. The Bureau of Labor Sta­ a year. raged. The top color scientist at one company tistics reports that for the categories of Because Massachusetts is a 'cash out' state, tha.t makes Red 2 told Science: "I think it's low and intermediate budgets for the SSI recipients are not eligible for Food a disgrace. It's a case where media pressure elderly, Boston has the highest level of Stamps. We are all aware of the fact that and consumer group pressure really took food costs have escalated tremendously in precedence over scientific judgment. The living costs in the Nation. I would like the past few years. This situation has put a commissioner acted upon emotion and with­ to share my statement which follows, particularly severe drain on the budget of out a final opinion from the full Toxicology with my colleagues: older Americans. Food costs can conserva­ Advisory Committee. As far as I'm concerned, STATEMENT OF CONGRESSMAN ROBERT F. tively be expected to consume one-third of Red 2 is still safe." But consumer activists DRINAN FOR SENATE SPECIAL COMMITTEE ON an elderly couple's budget; Seniors must pay who believe that Red 2 should have been AGING HEARING IN BOSTON ON THE Co'~T OF more to eat less. banned long ago out the basis of earlier sus­ LIVING, DECEMBER 19, 1975 The Department of Labor, Bureau of Labor picious test results were enthusiastic. Mr. Chairman, the first and most acute Statistics reports that for the categories of One potentially significant revelation to problem facing older Americans today is how low and intermediate budgets for the elderly, emerge from the confused proceedings is that to maintain an adequate income. On this Boston has the highest level of living costs the FDA's Bureau of Foods does not always point there is virtually unanimous agree­ in the nation. The November, 1975 low budg­ perform a sophisticated statistical analysis ment. In 1971 the White House Conference et for an elderly couple residing in the of the resutls of its studies. The Bureau's re­ on Aging concluded that obtaining a mini­ Boston area was $5226 annually. Thus, those port to the advisory committee last No­ mally adequate income is the "immediate older couples in Massachusetts who rely upon vember-the one which found "no adverse goal" of our nation's older citizens. social security and SSI as their sole income effects"-was based on an examination by To all members of Congress and particu­ are forced to live meagerly even at the lowest pathologists but not on a detailed statistical larly to this Committee, the severe financial standard of living budget. analysis of the pathological findings. Bu­ pressures on older Americans are very well SSI payments should be increased to in­ reau officials have since offered two explana­ known. Yet today, as in the past, millions of sure that they provide an adequate income tions for this. One is that they were so older people do not have income adequate above poverty levels for the elderly. Because rushed to get a report together for the No­ to meet a decent standard of living. There of the lack of stability in food costs, SSI vember meeting of the advisory committee are nearly 640,000 individuals age 65 and beneficiaries should be allowed to receive that they didn't have time to do the sta­ older residing in the Commonwealth of Mas­ food stamps instead of 'cash out' payments. tistics-an excuse that some participants sachusetts; Massachusetts ranks tenth na­ The automatic cost-of-living escalator find preposterous, since the Bureau was able tionally in population over 65. I am deeply which was included in the Social Security to perform an analysis lickety-split after pleased that the Senate Special Committee law in 1973 should be adjusted to provide Gaylor's memorandum challenged their orig­ on Aging has come to Boston to hear from increases twice, instead of once, a year. The inal conclusions. The other is that no anal­ the Commonwealth's older citizens. escalator was intended to make the system ysis seemed necessary in this case. Thus The older population in Massachusetts inflation-proof but that result is not ac­ Herbert Blumenthal, director of the division and throughout the nation has been steadily complished with a twelve month lag between of toxicology in the Bureau of Foods, told rising: in addition the life expectancy of increases in this era of high inflation. Since the working group that the tumors observed this group has been lengthening. We must it is necessary for most of the elderly to in the study were typical of the particular ask: What will those years be like? Will they spend their entire incomes to meet basic colony of rats, and that the pathologists were be years in which older Americans can reap needs, price rises result immediately in a not concerned about them. According to the the benefits of their years of labor? Or will reduction in the goods and services they can minutes of the meeting, he said he "would the majority be plagued with economic dep­ purchase-in other words a harsh reduction not have requested a statistical analysis of rivation, isolation, loneliness and humilia­ in their standard of living. this study." Blumenthal, whose division was tion? Spending patterns of the elderly have been shown to be substantially different from in charge of the "botched" study, and who It must be a. basic right of every American was obviously dispirited after a hectic week, those of their younger counterparts. Yet the to receive an adequate income in retirement. Consumer Price Index, which is used to declined to elaborate in an interview with What could be more fitting in this Bicen­ Science on why he felt no statistical analy­ compute their cost-of-living increases, is tennial year than to acknowledge the con­ based upon a standard family's purchasing sis was needed. tribution of older Americans to this nation pattern. The intent of the automatic cost­ But one participant in the review process through a national commitment to genuine of-living adjustor of the social secuirty law believes the Red 2 flap has uncovered a se­ economic security? Let us keep in mind that could be better accomplished and more fair­ many of those now on the retirement rolls rious flaw in the FDA's system of evaluating ly accomplished if it were based upon a tests. "In the pa-st, they've just had people were never afforded an opportunity for full CPI geared to the elderly. eyeballing the stuff," he said. "They look at employment and that Inany were forced to The Congress must direct its attention the data and look for things that jump out place their personal aspirations aside in re­ to a solution to the problem of reduction in at them. But in so doing, they could quite sponse to national needs through periods of other benefit programs when social security easily make a mistake. In this case they did. great depression and world war. is increased. These cost-of-living increases If this study had not been botched, there With the goal of providing genuine eco­ are meant to keep pace with inflation and would have been no statistical analysis. How nomic security, we must look first to the so­ should not be considered as additional in­ many things have they done in the pa-st cial security system. Since this system has come. The harsh result has been that many where they just eyeballed the data and said, nearly universal application covering almost elderly persons, particularly widows, have 'It looks OK'?" 95 percent of the nation's workers it should had their veterans pension reduced or termi­ be a foundation for an effective income main­ nated because of social security increases. tenance program. Another area of the social security system The current average benefit to a retired which merits immediate attention is the out­ CONGRESSMAN DRINAN SUBMITS couple amounts to $341.00 per month or a side earnings restriction. The limit on out­ TESTIMONY ON PROBLEMS OF little more that $4,000 a year. A retired single side earnings should continue to be increased OLDER AMERICANS IN MASSA­ worker receives an average benefit of $200.00 with a goal of removal of this restriction. CHUSETTS a month or $2400 a year. This means that This provision unfairly penalizes older citi­ for the estimated fifty percent of Old Age zens who are without a source of unearned Insurance beneficiaries whose cash benefits income such as stocks, bonds, legacies etc., are the principal and, in many cases, the whereas older citizens who enjoy income HON. ROBERT F. DRINAN sole source of income, social security, which from such assets can continue to receive their OF ~SSACF.nJSETTS was designed to replace earnings in retire­ full benefits. The plain fact is that older ment, cannot provide the economic security persons cannot live on social security alone IN THE HOUSE OF REPRESENTATIVES relied upon in old age; it must be supple­ and must not have their retirement incomes Monday, March 29, 1976 mented by other resources to provide even a jeopardized further than they already are minimum standard of living. by inflation, because of the loss of benefits Mr. DRINAN. Mr. Speaker, in Decem­ Supplemental Security Income-the SSI due to outside earnings. ber of last year, I had the pleasure of program which was enacted in 1972-pro­ Moreover, encouragement, instead of dis­ presenting testimony to the Senate Spe­ vides the major portion of the needed addi­ couragement, should be given to older per­ cial Committee on Aging regarding the tional support. Yet in Massachusetts, which SOJ:?.S who wish to remain in the work force. March 29, 1976 EXTENSIONS OF REMARKS 8501 The earnings restriction poses a virtually cidence of illness and disability and are least my home. I share with my late father the insurmountable barrier to continued em­ able to pay for adequate health care, are spirit which often prompted him to sign his ployment by low income workers-the very experiencing shrinking Medicare coverage. name with a qualifier, "an American." group which would benefit most from con­ Although they comprise 10% of the popu­ Many are the times when I have silently tinuing to work past age 62 or 65. lation, the elderly account for 28% of the offered profound thanks to my late parents Along with this is a need for extending national expenditure for health care. Cntil for having adopted this country as home for the Age Discrimination in Employment Act a national health security program is estab­ themselves and their children. to cover workers age 65 and older. There can lished, the benefits of Medicare should be I am not given to display of partriotism. be no logical reason for arbitrarily ending extended to fill two major gaps: long-term­ Yet I am deeply gratified for having had the protection of the law as soon as a worker care coverage and out-of-hospital prescrip­ opportunity, years ago to formally finalize has reached his or her 65th birthday. Cou­ tion drugs. my citizenship. pled 'with this must be an effort to discour­ For many of the elderly, their health is The United States assuredly is one of great age mandatory retirement policies. Chrono­ dependent upon expensive medication for a contrasts-in colors, beauty, grandeur and logical age is a poor test as to the time when number of chronic conditions. Five out of slx general richness. Her forests, mountains, a person should retire. To say that retire­ older Americans have one or more chronic plains, deserts and waterways have inspired ment of older workers will provide more jobs conditions. Because of the lack of Medicare poets, artists, naturalists, historians, and for younger workers is to admit that our coverage, many older citizens must pay medi­ others to dwell upon her greatness. society cannot effectively utilize the talents cation costs out of budgets already squeezed As one who has won a chronological race and skills of an increasingly larger segment to the last point of squeezing. The lack of through threescore and fourteen winters, I of our population. Such a tragic and needless coverage has also caused a serious problem cannot but wonder how any of our younger waste must be considered by all as intoler­ of elderly persons attempting to do without citizens, whom fortune has served kindly, can able. necessary health care. entertain prejudices regarding not only this Particular attention must be given to the The elderly of America have an overwhelm­ country and its people, but the basically critical problems of women in establishing ingly powerful case. They have been locked good, sound and constructive virtues upon and maintaining retirement incomes. As of out of the labor market; they are required which this nation was founded. July, 1974, there were an estimated 12.8 to maintain themselves on retirement bene­ While, indeed, no country or government million women age 65 and older comprising fits which continually diminish in real value; is perfect and needs continuous constructive 59% of the older population. Women have they are denied benefits which should be repairs and changes, I am weary of hearing longer life expectancy than men and are be­ theirs in medical care, housing, and even from self-styled protestors. coming an increasing majority among the food. The most incredible and cruel thing I choose to reflect upon the positive fea­ elderly. In 1974 50% or 6.3 million women which happens to them in their later years tures which have molded my own identifica­ aged 65 and older were widows while only is that, for the first time in their lives, they tion with the country my parents adopted 39% were married. In the same year, five enter the ranks of the poor. and which became my own. million older women were living alone with A national commitment to the elderly of a median income of $2,869. As of November, this nation will not be credible and cannot 1975, the average widows' benefit paid by really exist until it is accompanied by an social security was $194 a month. extraordinarily generous act which symbol­ COLD WINI? HITS CAPITOL HILL Women are more likely to be alone in their izes and signifies that America at long last later years, more often widowed, less likely to has committed itself to treat senior citizens remarry, and more likely to be unemployed. as its first citizens. This group has one of the highest incidences HON. GEORGE M. O'BRIEN of poverty. OF n..LINOIS Because of increases in the divorce rates IN THE HOUSE OF REPRESENTATIVES after 15 years of marriage, there is a grow­ ing category of women who, in their middle LAND OF MY FATHER'S PRIDE Monday, March 29, 1976 years, lose their one source of retirement Mr. O'BRIEN. Mr. Speaker, I would income dependent-wives benefits based upon HON. BOB WILSON like to share with my colleagues an ex­ their husband's social security earnings rec­ cellent editorial published March 28 in ord. Many of these women, even when they OF CALIFORNIA the Chicago Tribune. The editorial com­ have some record of earnings, have sporadic IN THE HOUSE OF REPRESENTATIVES work patterns because of the time spent in mends the House Armed Services Com­ rearing children. Often their earnings are Monday, March 29, 1976 mittee, of which I am a member, for not sufficient to provide a retirement bene­ Mr. BOB WTI..SON. Mr. Speaker, un­ recognizing the danger presented by the fit beyond the minimum. Moreover, many of growing Soviet military buildup. I hope them have no disability coverage because der leave to extend my remarks in the RECORD, I include the following: my friends and colleagues will read this they lack the required quarters in the speci­ and consider it seriously before voting on fied periods. LAND OF MY FATHER'S PRIDE the military authorization bill. The requirement that a marriage must have (By Denis L. Fox) lasted 20 years in order for a wife to be I believe that substantial support from Am I an American? Congress for this bill and our defense eligible for benefits must be modified. A Assuredly so, but not based upon auto­ woman who has served as homemaker and in matic absorption into citizenship dating from budget will tell the world that we have rearing children as well as in auxiliary serv­ time and country of birth. I had been born the strength arid the will to remain No. 1: ices to her husband's career and who may three years too early for that. A COLD WIND Hrrs CAPITOL Hn..L have contributed to the family's income by My native home was a farm on the coast working outside the home should be recog­ There is a hint, just a hint, that Congress of Sussex, in the southeast of England. has felt the increasing chilliness of the wind nized for a wife's benefit after ten years of It had been my father's earlier experience blowing in from the Soviet Union. marriage at most. abroad, his foresight and wisdom, as well as The problems are not merely within the The House Armed Services Committee has my mother's devotion and willingness, that voted $698.6 million more than the Ford ad­ confines of the social security system. Sex brought the family to California in the very discrimination in employment begets sex ministration requested in a fiscal 1977 mili­ early years of this century. tary procurement authorization. Committee discrimination in retirement benefits. Women John James Fox traveled from England to Chairman Melvin Price, an Tilinois Democrat, remain concentrated in low-paying positions the United States twice before deciding to said it was the first time in years anything and, as they get older, are subject to age dis­ return for the third and final time, to settle like that had happened. The committee ap­ crimination as well as sex discrimination in here and to become a U.S. citizen. proved $33.4 billion for military weapons employment. Because they cannot establish Father decided that California, after all, procurement and research and development, the earnings records of their male-counter­ was the place for his family to live, where compared with the administration's request parts, they cannot establish retirement in­ we could grow up. He sailed for California in for $32.8 billion. And the vote was 34 to 1, come security. 1904, to acquire a farm in Napa County. We with Rep. Les Aspin [D., Wis.] the lone dis­ A serious shortcoming in Federal aid to joined him early in March 1905, when I was senter. the elderly is found in the Medicare program. but a few months beyond three years of age. It's high time that Congress awakened Starting in January 1976 there was a 13% in­ Father, while remaining unmistakably Eng­ ·to the signals which have been disturbing crease in the Medicare deductible. This jump lish, became a staunch and loyal American the public. The Soviets blatantly helped a in out-of-pocket costs for medical care will citizen. He used to tell us that, while England minority faction to take over Angola. Their affect all of the 24.1 million Medicare bene­ was his beloved mother, America was still foreign minister, Andrei Gromyko, has ficiaries hospitalized in 1976 or confined to dearer-his chosen bride. I was later to un­ boasted that Soviet military strength is in­ a skilled nursing home longer than 21 days. derstand full well what he meant. creasing and that the Kremlin is able "to With the high costs of medical care, the I have visited England many times, I love lay down the direction of international poli­ elderly who, as ~ group, face the highest in- her people, scenes and ways. But America Is tics." Britain's Conservative Party leader, CXXII--537-Part 7 8502 EXTENSIONS OF REMARKS March 29, 1976 Mrs. Margaret Thatcher, says the Soviet and by adding at the end thereof the follow­ adopted country and in service to his strategic threat to Britain and its allies is ing new subparagraph: community. Again, I congratulate him on the greatest since World War II. "(B) in the case of a mentally retarded These actions and statements fit into a individual (or spouse) 18 years of age or over his dedication to the highest standards thoroughly plausible pattern and one which who is attending a special school for the of excellence and send him my warmest Washington seemed oblivious to. mentally retarded, any amount paid by any best wishes for many more years of Now things may be changing. Donald person, to or for such individual or spouse, good health and service to our Chicago Rumsfeld, viewed as something of a dove to cover any or all of the tuition, fees, or community. when he replaced James Schlesinger as sec­ training costs of such individual at such retary of defense, is proving as concerned school;". about our military strength as his predeces­ SEc. 2. The amendments made by the first sor. He proved further to have far greater section of this Act shall apply with respect TO ERADICATE BLACK LUNG a.ccess to President Ford than Secretary too payments of tuition, fees, and training Schelsinger ever did. And, instead of run­ costs made on or after the date of the en­ DISEASE ning into a stone wall on Capitol Hill, Mr. actment of this Act. Rumsfeld actually has found support for military spending. HON. PHILIP H. HAYES It is reassuring to find evidences in Con­ OF INDIANA gress of greater realism and of a more sensi­ ADAM GRZEGORZEWSKI CELE­ IN THE HOUSE OF REPRESENTATIVES tive response to the public's fears. If the butter-instead-of-guns liberals join in real­ BRATES 40TH ANNIVERSARY OF Monday, March 29, 1976 izing that defEmse cannot wait, we shall RADIO BROADCASTING AND PRO­ have renewed confidence in the ability of DUCTION WORK Mr. HAYES of Indiana. Mr. Speaker, this "representative government to func­ the Black Lung Benefits Reform Act, tion-and survive. which was approved by the House on HON. FRANK ANNUNZIO March 2, 1976, has received unjust criti­ OF U.LINOIS cism by parties that have distorted and IN THE HOUSE OF REPRESENTATIVES confused the facts on this important leg­ SSI: EXTENDING COVERAGE TO islation. I have included here a letter by MENTALLY RETARDED ADULTS Monday, March 29, 1976 Arnold Miller, president of the United Mr. ANNUNZIO. Mr. Speaker, on April Mine Workers of America, which answers 2, 1976, Adam J. Grzegorzewski, presi­ criticism leveled against this bill by the HON. BELLA S. ABZUG dent, Polish-American Broadcasting Sys­ New York Times on March 5, 1976: OF NEW YORK tem, will celebrate his 40th year anni­ Copy of the letter follows: IN THE HOUSE OF REPRESENTATIVES versary in Polish-American broadcasting [From the New York Times, Mar. 18, 1976] Monday, March 29, 1976 and production work, and his friends and To ERADICATE BLACK LUNG DISEASE co-workers are having a banquet in his To the Editor: Ms. ABZUG. Mr. Speaker, there is honor. "Poland in Music and Song'' is The March 5 Times editorial opposing the probably not a Member of this House who heard daily, Monday through Friday, Black Lung Reform Bill is based on an un­ has not been aware of the failings of the from 12 to 12:30 p.m., over radio station fortunate misunderstanding of its purpose supplemental security income program, WOPA, and serves the 1 million Ameri­ and content. be they program shortcomings or the cans of Polish extraction in the Chicago The Times ignores the fact that this legis­ horrifying administrative errors. How­ lation may eradicate black lung disease by area. I am proud to join with Adam's transferring the costs of future black lung ever, the New York State Association for many, many friends in extending my sin­ claims from the taxpayer to the coal in­ Retarded Children has brought a partc­ cerest congratulations to him on this dustry. If the coal industry is forced to pay ular inequity to my attention, which I splendid achievement. for black lung compensation, the industry am seeking to remedy with a bill I am Adam J erzy Grzegorzewski was born will do something to prevent the disease. introducing today. in Warsaw, Poland, on May 26, 1911, and The mines today are no less dusty than Under the law, both earned and un­ came to the United States in 1923. He at­ several years ago. According to the super­ earned income of an applicant for SSI visor of the Pittsburgh dust-control pro­ tended the Preparatory School of the Al­ gram, coal miners "are being permitted to is taken into consideration in determin­ Liance College in Cambridge Springs, Pa., be exposed to grossly excessive amounts of ing financial eligibility. This differs which is owned and operated by the Pol­ respirable dust." A recent G.A.O. report con­ materially from social security where ish National Alliance of America, and is firmed this. The Times also failed to note only earned income is taken into con­ a graduate of Lane Technical High that unless the Black Lung Reform Bill of sideration. Under the law and regula­ School in Chicago. He also attended Chi­ 1976 becomes law, the entire Federal black tions, a mentally retarded adult other­ cago's Medill College of Journalism and lung program will expire in 1981. Loyola University. Unless this bill passes, this generation of wise eligible for SSI is denied eligibility coal miners, like their fathers before them, when he is in a private school for the Adam began his broadcasting career in can expect to die a cruel and painful death retarded and the tuition is paid by his 1936 with radio station WSBC, and later from black lung disease. parent. The tuition paid by the parent is with WGES, and for the last 25 years has Moreover, you mistakenly claim the bill considered unearned income to the SSI been broadcasting daily over radio sta­ would provide automatic benefits to "every applicant, and makes the individual in­ tion WOPA. While in the broadcasting miner who has thirty years in the bituminous eligible for SSI. profession, he has also been an associate or 25 years in the anthracite." In fact, only Today I am introducing legislation to editor of publications by the Polish Ro­ years worked prior to 1971 count under this provision. At most, it will provide benefits remove this inequity. I will be circulating man Catholic Union of America and the for some 4,800 aged miners. this bill for cosponsors in the coming Polish National Alliance of America. The Times also accepts the most inflated week and I urge my colleagues to join me During the years of struggle with the estimate of this legislation's cost. Accord­ in supporting this legislation. A copy of Nazis during World War II, Adam ing to the House Labor Subcommittee, the the legislation follows: Grzegorzewski was rejected from active bill will cost the coal industry 14 cents a ton, A bill to amend title XVI of the Social Se­ service in the U.S. Army because of a not $2.50-the industry figure cited by The curity Act to provide that payments of heart condition, so he dedicated his serv­ Times. Moreover, the Black Lung B111 wlll tuition, fees, or other training costs by any ices to the Douglas Aircraft Co., as a provide a net savings to the taxpayer of $15 person for a mentally retarded adult indi­ million by 1984 by shifting claims to the coal ft.ight inspector. During that time, how- industry, according to the subcommittee. Vidual attending a school for the retarded ever, he continued his radio broad­ shall not be treated as income of such in­ Coal miners suffer from black lung because dividual in determining his or her eligi­ casts and also joined a special staff of ours was the last industrial nation to estab­ bility for supplemental security income writers and performers participating in lish dust standards in its coal mines. This benefits radio programs entitled, "You Can't Do nation waited thirty years after Britain began Business With Hitler," sponsored by the effective dust control to place limits on the Be it enacted by the Senate and House amount of coal dust American miners of Representatives of the United States of Office of War Information. breathed. Thousands of coal miners are today America in Congress assembled, That sec­ Mr. Speaker, Mr. Adam Grzegorzewski paying the price for that monstrous neglect tion 1612 (b) (7) of the Social Security Act has a long and outstanding record of every time they try to gasp for some breath is amended by inserting "(A)" after "(7) ", achievement, both in service to his through coal-ravaged lungs. March 29, 1976 EXTENSIONS OF REMARKS 8503

The terrible tragedy at the Scotia mine in USDA 0 --:;'I"'<'JT~ .AL Rr~?ONDS TO 400 percent, community programs have in­ Kentucky is a reminder of the price coal BROKEN PROMISES creased by over 300 percent and farmer pro­ miners pay in the nation's most vital energy grams have more than doubled. REA loan industry. This legislation offers miners some programs this year are almost 600 percent chance of emerging from the mines with of their 1969 level. I hope you wlll agree their lungs intact. It deserves your whole­ HON. CHARLES ROSE III that these figures demonstrate a reversal of hearted support. OF NORTH CAROLINA the predominantly urban orientation of ARNOLD Mn.LER, IN THE HOUSE OF REPRESENTATIVES the Federal government in previous years. President, United Mine Workers of America. In your remarks you mentioned several WASHINGTON, March 12, 1976. Monday, March 29, 1976 programs where the budget request for 1977 Mr. ROSE. Mr. Speaker, I recently was the same as for 1976 and yet the esti­ mated number of loans to be made in 1977 GREEK INDEPENDENCE DAY received a letter from James E. Bostic, was down from the number to be made in Jr., Deputy Assistant Secretary of the 1976. There is a simple reason for this­ U.S. Department of Agriculture, in which inflation. HON. LAWRENCE COUGHLIN he explains the USDA fiscal year 1977 The decision not to request new rural de­ OF PENNSYLVANIA budget proposals for rural America. velopment funds in the fiscal year 1977 was made only after careful consideration and is IN THE HOUSE OF REPRESENTATIVES Arguing that a balanced budget and fiscal responsibility were the cause of based on one primary factor--overall gov­ Monday, March 29, 1976 ernment spending must be reduced in order rural development budget cuts, Mr. Bos­ to curb and control inflation. Mr. COUGHLIN. Mr. Speaker, I am tic defends this administration's appar­ No single factor in our economy fuels in­ honored to salute the Greek-American ent disregard for those in our society who flation faster than government spending, and community which commemorated the suffer most from economic fluctuations. no single economic group in the nation feels 155th anniversary of Greek Independ­ I pointed out to Mr. Bostic that farm­ the evil effects of inflation so quickly as the ence Day on March 25, 1976. ers and rural residents have a difficult people in rural America. As our Nation reflects during this Bi­ time understanding why the foreign af­ Your remarks did not mention that our centennial year on our own heritage, fairs budget is increased 20.5 percent rural development programs will cost the while the budget for agriculture is cut by taxpayers of this nation almost $1 blllion our debt to the Greek people is monu­ in interest subsidies this year. Next year the mental. For Greece represents not only 40 percent. I am simply not willing, Mr. interest subsidy cost will be $1.2 billion for the cradle of democracy, but also the Speaker, to sacrifice rural Americans to a these rural development programs. spawning place of much of our art, archi­ budget that ignores them and supports We cannot and will not promise the peo­ tecture, aesthetics, ethics, literature, people we do not even know. ple of rural America program levels that drama, mathematics, philosophy, and I am submitting my correspondence add to an ever-increasing federal budget science. with Mr. Bostic for the RECORD. I hope deficit. While recognizin&" the magnitude of that my colleagues in the House who rep­ It took the federal budget 186 years to the Greek contribution to our intellec­ resent rural people will read carefully reach $100 billion. This happened in 1962. In the defense offered by Mr. Bostic. Then nine years, 1971, the federal budget doubled tual and cultural character, however, it and reached $200 billion. Unless we control is the Greek love of liberty and demo­ I hope you will join me in insisting that this growth, this budget in 1977 wlll double cratic principles of government which is such fragile excuses do not continue to again to $400 billion with a $70 billion deficit. her greatest legacy. be acceptable. Simply stated, Federal government programs This love was reaffirmed during The production of food and fiber is one will be $70 billion more than the American Greece's bitter struggle for freedom from of the most essential industries in Amer­ people want and are willlng to pay for. A the yoke of the Ottoman Empire. It was ica. To short-change those responsible recent poll taken in a rural section of our again demonstrated in the reply of for this ever increasing task, is to cut the country revealed that rural residents were 3 to 1 for decreasing government services "Ochi" to the demands of Mussolini. heart from the body. I will not stand idly if maintaining those services meant raising And the precious sacrifice through re­ by and listen to officials who claim they taxes. sistance to Hitler underscored the Greek are doing their best under the circum­ We must take serious steps to put federal dedication to self-determination. stances when they are simply padding expenditures in line with federal tax reve­ Just as the Greeks of antiquity in­ one area at the expense of another. nues or this nation will go the way of New spired the founders of our own Republic, It is time for our Federal agencies to York City. I would point out the federal our colonial patriots heartened the Greek be responsible for Americans, rather than debt per capita is already four times greater a time for them to defend policies and than the debt which New York found so freedom-fighters in their struggle for in­ burdensome. Continued large federal deficits dependence. Our kindred dedication to programs that subvert and suppress only add to inflation because we monetize liberty has helped to forge strong and healthy growth. the large debt by printing money. important bonds of friendship and the Mr. Bostic knows and I know that the In the past, the federal government has preservation of our mutual security re­ attitude at USDA does not favor rural over-promised and raised the expectations lationship. We must see that these bonds development. The facts speak for them­ of local people that the federal government remain intact. selves. Mr. Bostic's letter to me and my can solve any problem if enough money is response follow: appropriated. Local leaders, with their abun­ Many voices have been raised through dant initiative, know-how, and resource­ the ages in honor of Greece's love for DEPARTMENT OF AGRICULTURE, fulness are greater assets than a shopping freedom. In this 155th celebration of Washington, D.O., March 4, 1976. basket full of federal rural development pro­ Greek Independence Day, however, no Mr. CHARLES ROSE, grams. words are more fitting than those of House of Representatives, We must introduce a new balance in the Simonides, a citizen of ancient Greece: Washington, D.O. relationship between the individual and the DEAR MR. RosE: I read with regret your government--a balance that favors greater If the greatest part of excellence is nobly recent remarks in the Congressional Record to die, this to us of all men has fortune individual freedom and self-reliance; one on "Rural Development: Broken Promises, that favors greater responsib1lity and free­ given: for struggling to clothe Greece in Ill." I should like to share with you some freedom, we lie in unaging glory. dom for leaders of state and local govern­ of the factors we considered in formulating ments. This Administration has promised no I am proud to represent the thousands our budget in the hope that it might bal­ more than we could deliver and have deliv­ of Greek-Americans who reside in Penn­ ance your preception of the Department's ered all that we promised. rural development programs. sylvania's 13th Congressional District Federal responsibilities are to the taxpay­ Your remarks on the President's 1977 ers and all Americans, as well as the rural apd am gratified by their innumerable Budget made no mention of the fact that communities that benefit directly from Fed­ contributions to the cultural and eco­ the President recommended $4.8 billion for eral rural development programs. nomic greatness of the Commonwealth the Farmers Home Administration 1n 1977, This Administration has moved with all of Pennsylvania. Their heritage, patrio­ nor of the fact that almost half of all rural prudent speed to develop flexible programs tism, diligence, and industry are invalu­ development assistance provided by the and adjust its delivery system to help not able assets to Pennsylvania and our Na­ Farmers Home AdminiStration (FmHA) and only farm families on the land, but also local tion. I am pleased to join in the 155th the Rural Electrification Administration governments, civic groups, organizations, anniversary celebration of Greek Inde­ (REA) over the last forty years has been and others in the private sector a-chieve the provided in the last eight years. development they want--and let them plan pendence Day and to pay tribute to the I think it is important to realize that be­ it. valiant Greeks who made this joyous oc­ tween 1969 and the current fiscal year FmHA Unless we restore fiscal responsib111ty to all casion possible. housing programs have increased. by over levels of government, the nation's tricen- 8504 EXTENSIONS OF REMARKS March 29, 1976 tennial may be a review of how the greatest on matters coming before the House as years. Tying revenue sharing to the an­ nation in the world's history spent itself into follows: nual appropriations process would be bankruptcy. "Yea" on rollcall No. 134, the confer­ detrimental to long term planning and The promise of national bankruptcy must be broken. ence report to accompany House Joint the establishment of sound fiscal policies Sincerely, Resolution 801, making supplemental needed by our municipal governments. JAMES E. BOSTIC, Jr., railroad appropriations for 1976. Last week I met with a delegation of Deputy Assistant Secretary. "No" on rollcall No. 135, an amend­ mayors and selectmen from New Hamp­ ment offered by Mr. BAUMAN to H.R. shire and with the officers of the New HOUSE OF REPRESENTATIVES, 12566, authorizing appropriation to the Hampshire Municipal Association. They Washington, D.O., March 8,1976. National Science Foundation for fiscal are frustrated by the fact that this legis­ JAMES E. BOSTIC, JR., lation has not been acted upon, and that Deputy Assistant Secretary, Department of year 1977; Agriculture, Washington, D.O. "No" on rollcall No. 136, an amend­ because of this delay, the Budget Con­ DEAR MR. SECRETARY: It was most thought­ ment offered by Mr. CONLAN to H.R. trol Act may hold back enactment even ful of you to advise me of your reaction to 12566, authorizing appropriations to the longer. The message of these elected rep­ my recent remarks in the CoNGRESSIONAL National Science Foundation for fiscal resentatives was direct and simple. They RECORD on "Rural Development: Broken . year 1977; favor immediate enactment of an exten­ Promises Ill." "Yea" on rollcall No. 137, final passage sion of revenue sharing for 5% years A careful reading of your remarks suggests of H.R. 12566, authorizing appropriations without an alteration in the distribution that the overall economic condition of our formula. nation justifies the shortfall in many agri­ to the National Science Foundation for cultural programs that are vital to rural de­ fiscal year 1977. I believe that this Congress has an velopment. You also cite statistics to justify obligation to our cities and towns to take present inadequacies in the Department's action on this legislation, and that this rural development programs. obligation is of significant importance to Yet the nation requires, and it is my re­ REVENUE SHARING EXTENSION justify enactment prior to the Spring sponsibility to assure,-a comprehensive rural NEEDED NOW budget resolution. I believe that the will development P,rogram that will make it pos­ of the Congress is being thwarted by the sible for our farmers to fulfill their increas­ committee's failure to report this legis­ ingly heavy commitment to produce food and HON. NORMAN E. D'AMOURS lation in a timely manner. I urge con­ fiber for those at home and abroad. OF NEW HAMPSHIRE You mention a recent poll taken in a rural gressional action as soon as possible. section of our country in which rural res­ IN THE HOUSE OF REPRESENTATIVES idents were 3 to 1 in favor of decreased gov­ Monday, March 29, 1976 ernment services if taxes had to be raised to maintain the services. I cannot quarrel with Mr. D'AMOURS. Mr. Speaker, I wish EDGAR TESTIFIES TO SUPPORT these figures, but I can suggest that these to call to the attention of the House a CARPOOLS AND V ANPOOLS same citizens may find it hard to understand serious problem with the timing of rev­ why the budget proposal for FY 1977 in the enue sharing legislation now before the area of international foreign affairs rose Subcommittee on Intergovernmental Re­ HON. ROBERT W. EDGAR 20_5% and the budget for agriculture fell OF PENNSYLVANIA by 40%. I realize that you may not control lations of the Government Operations the budget for the Department of Agricul­ Committee. Cities and towns in my own IN THE HOUSE OF REPRESENTATIVES ture. However, I do not believe it is incum­ State of New Hampshire and across the Monday, March 29, 1976 bent upon you to defend the inadequacies of Nation are hanging in limbo waiting fo,r the Department's programs for rural devel­ news from Washington so that they may Mr. EDGAR. Mr. Speaker, I testified opment. plan their budgets for next year and are before the Appropriations Committee's The facts speak for themselves. Severe cuts being prevented from making long range Subcommittee on Transportation last in grant and loan programs are recom­ plans for sound municipal financing be­ Friday to urge the appropriation of $7.5 mended for FY 1977. And the overall budget cause Congress has not yet enacted an million for carpool and vanpool demon­ for the entire Rural Development Service is extension of revenue sharing legislation. stration projects. I believe that the po­ down from the 1976 budget. I am certainly tential of carpooling and vanpooling is in favor of a balanced budget, but I am not When this Congress convened more than 1 year ago, it knew that the State virtually untapped. Such programs can in favor of sacrificing rural Americans for save significant amounts of energy, re­ foreign aid increases. and Local Assistance Act of 1972 would Deficiencies in the nation's agriculture expire on December 31,1976. It also knew duce pollution, and save hundreds of dol­ programs will cause an ever deepening crisis that this legislation is vitally important lars each year for those that participate. in world agricultural production. And every to more than 39,000 units of local gov­ I wish to share with my colleagues, Mr. day that our agricultural areas remain un­ ernment throughout the United States, Speaker, my statement before the sub­ derdeveloped, we lose vital resources in committee. I hope that they will support farm potential that can never be regained. many of which run on a fiscal year budg­ et and needed to have this information my efforts to expand Federal support of For these reasons, we cannot afford half­ these projects: hearted attempts to assist those responsible to plan their budgets by early 1976. for the food and fiber production of our The subcommittee has done an admi­ STATEMENT BY ROBERT W. EDGAR nation_ Everything that can be done must rable job in gathering evidence and in­ Mr. Chairman, it is a pleasure for me to be done to maintain a vigorous and prosper­ vestigating the revenue sharing program, appear before the Committee today to re­ ous agriculture program. To fail is to forfeit and certainly any program costing over quest funding for a worthy and innovative our future_ To succeed is to insure that food, program authorized by the 93rd Congress. $6 billion a year deserves the closest The program, established by the Federal-Aid a basic need of all people, will be provided. scrutiny by the Congress, but the time I am dedicated to the latter course. I ask Highway Act 'Amendments of 1974, author­ you to join me. for deliberations has lang since passed. izes $7.5 million for urban area carpool Sincerely, Already many New Hampshire towns demonstration projects. These funds were CHARLIE RoSE. have had their annual town meetings to never appropriated by this Committee, and I plan their budgets for the coming year feel this may be an oversight which should and have had to proceed without this be corrected for fiscal year 1977. Federal support of carpool and vanpool vital information from Washington. programs is relatively new, despite the PERSONAL EXPLANATION I strongly believe that the revenue proven benefits of these programs_ Carpool sharing program returns money, power, and vanpools conserve significant amounts of and decisionmaking to the State, coun­ energy. According to the "Federal Highway HON. MARTHA KEYS ty, and local governmental units whose Administration, 50 million commuter vehi­ OF KANSAS officials are most familiar with their own cles transport only the driver. But if the av­ erage passenger load, including the driver, IN THE HOUSE OF REPRESENTATIVES particular needs and problems and who can make the wisest use of those funds. was raised from 1.4 to 2, a half million bar­ Monday, March 29, 1976 rels of oil would be saved each day_ Existing I have received mail from almost every carpool and vanpool programs are already Mrs. KEYS. Mr. Speaker, on Thurs­ community in my district urging the ex­ saving hundreds of thousands of gallons o! day, March 25, I was unavoidably absent tension of the revenue sharing program, gasoline each day, and the potential has from the House. and specifically supporting the proposal hardly been tapped. Saving energy is only Had I been present, I would have voted extending the present program for 5% one of a number of benefits which would re- March 29, 1976 EXTENSIONS OF REMARKS 8505 suit from aggressive and creative programs to lowed funding in existing authorizations to the revolving fund concept could be a reality. encourage and facilitate carpool and vanpool be used for acquisition of vehicles. The only missing ingredient, Mr. Chair­ programs. Mr. Chairman, this last change was a sig­ man, is adequate funding for these programs. Pollution from internal combustion en­ nificant departure from existing programs. I offered a compromise proposal to the Con­ gines is minimized when there are fewer ve­ Currently, vanpooling is one of the hottest ference Committee which would have re­ hicles on the road. Traffic flow is improved. new ideas in transporting workers. The 3M tained the Senate language, but would have The same increase in passenger load of 1.4 to Company in Minnesota was the pioneer in authorized the $75 million from the Highway 2 would remove 15 million vehicles from the the concept of having the company finance Trust Fund over a three year period in lieu road during rush hour. There is less need for the initial capital cost, with the weekly con­ of the $7.5 m1llion authorization which is expensive and environmentally disruptive tribution of the ridership paying for this currently in Section 120 of PL 94-643. With­ parking facilities. Each participant in a car­ cost. out funding, the lofty ideals expressed in pool can save hundreds of dollars each year. The 3M Company's "Commute-A-Van" pro­ existing law can never become a reality. In passing the "Emergency Highway En­ gram began in April, 1973, as a six van pilot Unfortunately, the Senate objected to this ergy Conservation Act," Public Law 93-239, project. The program has expanded to in­ compromise. I find it ironic that this $7.5 Congress authorized states to transfer high­ clude over sixty-five vehicles, and there is a million authorization was a compromise it­ way urban systems, and urban extension waiting list for employee participants. The self. Two years ago, f.t was the Senate that funds for use in demonstration carpool proj­ drivers of the vans are all full time employees saw the need for $15 million out of the ects. Projects authorized to be approved by of the company. The fares, averaging about Highway Trust Fund for carpooling demon­ the Secretary of Transportation included the 2.5 cents per passenger mile, are calculated stration projects, and it was the House which following: to pay for the operating and maintenance balked, and finally agreed to a $7.5 million costs, and the amortization costs for the out of the general fund. This year, the roles 1. Systems for locating potential riders. van. In return for delivering passengers to were reversed. 2. Publicizing carpool opportunities. work, coordinating the pool, and arranging Mr. Chairman, this Committee has the op­ 3. Designating existing highway lanes as maintenance, the driver rides for free, uses preferential carpool lanes. portunity to approve the appropriation of the van on weekends, and profits on the fares this $7.5 million for fiscal year 1977. I hope 4. Designating existing publicly owned of passengers above the eight he is commit­ facilities as preferential parking for carpools. that I have sensitized the Members to the ted to driving. need for this money, and that it would most 5. Providing carpool-related traffic control Simllar programs based upon the 3M ex­ devices. probably be used as self-replenishing seed This program has proved very popular with perience, including the program of Scott money, as loans, which would be repaid with Paper Company in my Congressional Dis­ interest. state highway departments, Mr. Chairman. trict, have sprung up all over America. Vir­ In the two years since these projects were As a Member of the Committee of Public authorized, $10,875,000 has been spent by tually all of them are flourishing. The pro­ Works and Transportation's Surface Trans­ states from funds transferred from urban grams are self-sustaining, and there is little portation Subcommittee, I assure the Mem­ extension and urban systems federal-aid risk of loss which a company would be liable bers of this Committee that I will continue highway funds. More than half the states for. They are saving millions of gallons of to work to improve existing carpool and and Puerto Rico have allocated funds for gasoline each year, diminishing our reliance vanpool legislation. I will also continue to these programs. But there is little incentive 11pon foreign energy imports. The benefits to monitor the various programs of EPA, FEA, for a ·state to transfer its apportioned funds companies are also more than modest, and DOT and other agencies with regard to ride­ for such programs. go far beyond the public relations value. sharing. The Congress recognized the problems in­ GEICO, nearby, estimates that it has saved Although I recognize the importance of volved in transferring funds apportioned for over $2 million from its program just in sav­ fiscal responsibility at a time when tax rev­ other highway programs to be used for car­ ing the costs of building a new parking enues are being eroded by infia·tion and re­ pooling demonstration programs. Section 120 garage. cession, I urge the Members of this Com­ of Public Law 93-643, the-Federal-Aid High­ The problem is, Mr. Chairman, that com­ mittee to look kindly upon this program. The way Act Amendments of 1974, authorized $7.5 panies are hesitant to make the initial cap­ cost-benefit, I anticipate, will be one of the million for the same types of carpool pro­ ital outlay for vans, even though the pros­ largest this Oommittee will find. grams authorized in the "Emergency High­ pect of breaking even is almost certain in Thank you, Mr. Chairman, and I am will­ way Energy Conservation Act." The language the long term. The $7.5 million which has ing to respond to any

THE "SONNENFELDT DOCTRINE" hended by Dr. Kissinger mirrors a cynicism the scene to safeguard the insured We confess to mixed feelings about what at top levels of policymaking which neither against financial loss resulting from such some East Europeans are already calling "the the American people nor the East Europeans claims. Sonnenfeldt doctrine." Back in December share. Over the past century, home buyers, Helmut Sonnenfeldt, who is counselor at the Realpolitik and idealism, as Richard Ull­ State Department, briefed American diplo­ mann has recently observed, are both endur­ lenders and others have placed their mats serving in Europe on the historical as­ ing strands in the American view of the trust in land title insurance companies sumptions underlying our policy toward the world. No American policy true to our his­ for protection when it comes to real Soviet Union. It was a confidential, hair-down tory and heritage can be without healthy ad­ estate investments. This trust has been session, obviously not intended for public mixture of both. If there was excessive zeal justified by the ongoing dedication of consumption. and idealism in the Dulles policy, there is a title insurance company employees and But early last week, the Evans-Novak touch too much realpolitik, at least for our the excellence of their work in safe­ column reported the substance of Counselor taste, in the so-called Sonnenfeldt doctrine. Sonnenfeldt's remarks. Some disconcerting The expression which Mr. Sonnenfeldt gave guarding those who acquire and use real quotations hint that it is U.S. policy to en­ to it in London last winter must be need­ property. courage East European nations to be docile lessly disheartening to East Europeans not Let us pause and recognize the stead­ client-states of the Soviet Union-slow to as­ yet reconciled to a role as ciphers in the fast reliability of the land title insur­ sert national pride and independence-all to Soviet imperial system. There is, to our mind, ance industry, which for the past 100 the end that an "organic" relationship with neither "ru~,turalness" nor inevitability in So­ years has served to protect an important their masters in Moscow may be cultivated viet domination; and its exclusively mllitary foundation of every American's personal and everyone's blood pressure kept down. character is a fact more to be celebrated than liberty and freedom-the quiet and Indeed, Mr. Sonnenfeldt suggested that more lamented. Mr. Sonnenfeldt's may be the voice than blood pressure is at stake. He fears of a prudent realism; but there are echoes peaceful enjoyment of one's real estate that the seeds of another world war may lie of funk in it as well. in this country where home ownership (as they have, twice before in this century) is such a sacred privilege. in an overexcited and "romantic" Eastern European nationalism. He was especially con­ cerned that the "obnoxious" Yugoslavs be led THE 100TH ANNIVERSARY OF LAND to understand that while the U.S. cherishes TITLE INSURANCE VALUED GSA EMPLOYEE RETIRES their national independence they should not overstrain the invisible leash leading to Moscow. HON. WILLIAM J. GREEN HON. WALTER E. FAUNTROY There is, to be sure, some hard sense in Counselor Sonnenfeldt's sober assessment. If OF PENNSYLVANIA OF THE DISTRICT OF COLUMBIA one had to choose between the unpleasantly IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES realistic "Sonnenfeldt doctrine" and the high Monday, March 29, 1976 Monday, March 29, 1976 rhetoric of the Dulles era-"rolllng back the iron curtain" and freeing "captive peoples" Mr. GREEN. Mr. Speaker, it is fitting Mr. FAUNTROY. 1\lr. Speaker, my (a handsome check which the U.S. issued to take public note of the fact that the constituent, Mr. Thomas M. Thompson but failed to honor both in 1956 in Hun­ land title insurance industry is celebrat­ who retired on March 26, 1976, from th~ gary and in 1968 in Czechoslovakia)-most U.S. General Services Administration, is Americans would prefer the Sonnenfe1dt doc­ ing, in 1976, the 100th anniversary of its trine. founding. Land title insurance was begun one of those American citizens who has That is all the more true when one con­ in Philadelphia, Pa., on March 28, 1876. served his Nation with pride in war and siders that Mr. Sonnenfeldt was not express­ This industry enhances the right to peace. ing a heartless and timid cynicism, so much privately own and use real property in His contributioru; to this country, this as lamenting the undoubted fact that Soviet this country, and it is a vital and unique region, the Distr.j.ct of Columbia, and influence in Eastern Europe is almost exclu­ form of consumer protection for all who other nations earn him the admiration of sively military in nature. Unlike the classical this assembly. imperialisms of Britain, France and other purchase or invest in real estate. Western Europeans, the Soviet brand has It is an interesting historical coinci­ While he retired from the position of built no undergirding ties of friendship, cult­ dence that this protection of our rights Deputy Director, Repair and Alteration tural influence or economic advantage to ac­ to property was born in Philadelphia just Division, region 3, GSA, his lifetime of company the threat of force. 100 years after our Founding Fathers set service has included such varied experi­ But need the choice for us be so stark? forth, in the same great city, their ring­ ences as: One wonders whether it is either wise or ing declaration of broad human rights. First. First lieutenant, U.S. Coast necessary to analyze these home truths, if The records show that the very first land Guard, serving aboard the U.S.S. Beau­ such they are, in a tone of lament--to view the Soviet "failure to acquire loyalty in East­ title insurance company was incorpo­ tort during World War II. ern Europe" as an "unfortunate historical rated in Philadelphia on March 28, 1876. Second. Executive omcer for project to failure." In the Commonwealth of Pennsyl­ locate aids to navigation along the This is a gratuitous concession to Soviet vania, which is ever proud of its historic heavily used inland waterway. coin is that the urgent aspiration of the East contributions as well as its continued Third. Service as a professional engi­ Europeans to national independence is a trib­ leadership in commerce and industry and neer and subsequently city engineer for ute to their spunk and spirit in the face of in the protection of conswner interests, five communities after graduation from long odds. Surely it is possible to say that without intimating that the U.S. Marines this centennial anniversary of land title Indiana Tech. are ready to go to Warsaw. insurance is being brought to public at­ Fourth. Service as "controlled mate­ We are at a loss to understand why it tention by the leading land title insur­ rials omcer," civil engineer, and naviga­ must be assumed that a Soviet imperium ls ance companies and real estate profes­ tor upon recall to service in the Korean any more "natural" for the diverse peoples sionals comprising the membership of war. of Eastern Europe than an American impe­ the Pennsylvania Land Title Association. Fifth. Receiving an admiral's com­ rium over Canada, Mexico or the countries of Land title insurance adds the essen­ mendation for rescue work in a gold Latin America. The public exposure of Counselor Sonnen­ tial ingredient of security to the pur­ mine explosion in Michigan. feldt's "doctrine" can only reinforce suspi­ chase of or investment in real estate. Sixth. Designer and supervisor of cions tlul.t present American policy lacks a This security of investment is a major bridge and dam construction. vital spark-not of armed provocation, so stimulant to the broad distribution of Seventh. Inventor of water supply dam much as of confidence in the still-potent ap­ mortgage funds so necessary to the gate and widely used oil transmission peal of polltical freedom and national inde­ healthy growth and vigor of our real equipment tools and designer of high­ pendence. estate economy. productivity maintenance systems. One hears rumors of gloomy private ru­ The legal system in the United States Eighth. Air Force project engineer and minations by secretary Kissinger on very provides a strong body of law to safe­ base chief engineer earning three com­ much the same t heme-musings that the East-West rivalry rema tches an effete Athens guard the interests of home buyers and mendations for exemplary work in con­ (the forces of freedom) and a vigorous and others who invest in real estate. But nection with development projects in disciplined Sparta (the Soviet Union), with the same laws that protect the home Europe and Turkey. which the faltering Athenians must make buyer make it possible for others to Ninth. omcer in charge of construc­ the best :leal they can. If there is substance claim an interest in property he may tion for the Navy's Potomac River to those rumors, perhaps the rot appere- think is his. Land title insurance enters Command. March 29, 1976 EXTENSIONS OF REMARKS 8511 Tenth. Mining consultant for a major of soybean cash receipts as compared to another. That army is made up of members coal company. all other agricultural products, including of the federal regulatory agencies and their Eleventh. Earning an outstanding per­ livestock. staffs ... totall1ng about 100 thousand per­ sons in all. A survey found that in 1974 the formance award in December 1974, for I urge the Congress and the executive agencies produced nearly 75-hundred new his work with GSA. branch to join in protesting the Eu­ or amended regulations. In contrast, Con- In this full life of service, Mr. Thomp­ ropean Community's action. gress passed only 404 laws during the same son has also designed a commercially The chart follows: year. Some of the agencies, such as the En­ used sea trap for Sea Bass, fought oil vironmental Protection Agency, have had a well fires, served as vice commodore of 1975 SOYBEAN CASH RECEIPTS mostly beneficial impact. But others have the Capital Yacht Club in Washington, Rank in done poorly. We think it's long past time for and, because he never has learned to stop Soybean cash relation to the President and the Congress to take a receipts ($1,000) total cash close look at all these groups with an eye working to the last ounce of his energy, according to agricultural preliminary receipts toward eliminating those that are mostly helped build that club's new building USDA statistics includmg window dressing. There's also a need to do which gradually is becoming a center of for 1975 livestock away with any wasteful and unnecessary importance in this city. State (Mar. 25, 1976) within State regulations they enforce. The alternative As inventor, engineer, war hero, miner, is strangulation in an ever growing maze of sailor, trouble shooter, and leader, Mr. New York ______$1,494 (1? red tape. New Jersey ______10,227 Thompson has compiled a record of ac­ Pennsylvania ___ ------__ _ 6,292 (1) complishments and personal relation­ Ohio ______------____ _ 584,803 1 Indiana ______-----______546,663 3 FRED DUMKE, MAYOR OF OAK ships that makes him the kind of man I Illinois ______1, 296,911 2 am proud to consider a constituent-an Michigan __ ------68,802 7 LAWN Wisconsin ______22,788 (1) outstanding servant of his country and Minnesota ___ ------_ 462,949 5 a much loved husband to his patient and Iowa_------1, 075,922 4 HON. MARTIN A. RUSSO fine wife, Peggy. Missouri______559 195 2 North Dakota ______15,092 (1) OF ILLINOIS Whether in this Nation or overseas, South Dakota ______36,409 7 Mr. Thompson has not only performed Nebraska_------160,106 5 IN THE HOUSE OF REPRESENTATIVES Kansas ___ ------·------113,039 7 Monday, March 29, 1976 his expected tasks with dispatch and Delaware. __ ------·----- 27, 128 3 skill, but he is also a good neighbor, a 46,045 4 Mr. RUSSO. Mr. Speaker, on March == ===::======55,618 7 supporter of needed community pro­ ~~;Y~1~~-~==North Carolina ______176,590 5 26 the Southwest Suburban Builders As­ grams, and the kind of person who will South Carolina ______132,336 2 Georgia ______------____ _ 172,340 6 sociation, Inc. will hold a testimonial roll up his sleeves and pitch in to get the Florida ______----____ _ 37,682 (1) dinner in Oak Lawn, TIL, to honor a most job done. Kentucky _____ ------160,818 4 special person and distinguished public As he leaves now to become a rancher Tennessee_------177, 198 1 Alabama _____ ------151,081 2 servant. Fred M. Dumke, the mayor of the in Wyoming, I know that-without much Mississippi______------274,785 2 village of Oak Lawn and newly elected delay-Tom Thompson will be return­ Arkansas ______503,548 1 Louisiana __ ------_ 238,362 2 president of the illinois Municipal ing once more to serve this country and Oklahoma ______26,322 (1) League, is one deserving of such an hopefully, again, the people of this re­ Texas ____ ------__ _ 46,465 (1) New Mexico ______300 (1) honor. gion and the District of Columbia. Arizona _____ ------84 (1) This fine gentleman is serving his Total. United States_ fourth term as mayor of Oak Lawn. He 7, 187,394 ------is a persuasive and far sighted ·leader who is responsible for instituting the SOYBEANS AND YOUR STATE'S 1 Less than lOth in total cash agricultural receipts including FARM ECONOMY livestock. highly-effective council-manager form of government in Oak Lawn and he has been in the forefront of efforts to bet­ HON. PAUL FINDLEY THE FEDERAL REGULATORY ter municipal procedures. I, along with BURDEN the experts, consider him one of the most OF ILLINOIS knowledgeable people in the county in IN THE HOUSE OF REPRESEin'ATIVES HON. ALPHONZO BELL the area of municipal government. Dur­ Monday, March 29, 1976 ing the 8 years he served as an Oak OF CALIFORNIA Lawn village trustee, he instituted many Mr. FINDLEY. Mr. Speaker, the Eu­ IN THE HOUSE OF REPRESENTATIVES ropean Community has promulgated public improvements, such as water, regulations effective April 1 and lasting Monday, March 29, 1976 storm sewers, sanitary sewers, and pav­ 7 months that will severely damage mar­ Mr. BELL. Mr. Speaker, I recommend ing. kets of American oilseed producers, es­ for the attention of my colleagues in the Mayor Dumke's unremitting commit­ pecially soybean and cottonseed. The Congress an editorial by James W. Wes­ ment to the public good means involve­ regulations require that all animal feed ley, Jr., vice president and general man­ ment in countless projects and commu­ mixed in the Community contain 5 per­ ager of KFI Radio in Los Angeles, which nity activities. You can find him working cent nonfat dry milk of which the Com­ was broadcast recently by that station. for the Park Lawn School and the Gar­ munity has an oversupply. This dry milk As my colleagues know, I certainly den School for the Retarded or as a fund­ will displace an equal amount of oilseed share the concerns expressed by Mr. raiser for the YMCA; serving as district products which currently are imported Wesley over the growing burden of Fed­ vice chairman for the cleanup efforts chiefly from the United States. eral regulations. after a devastating tornado. ·He is also a The Community's action clearly vio­ It has become very apparent to me that member of the Medinah, Oak Lawn lates the General Agreement on Tariffs citizens throughout the country are fed­ Lions, and an honorary member of the and Trade. By requiring importers to up with Washington's interference in the Sertoma and Oak Lawn Elks. post a surety deposit on imported oil­ conduct of their private affairs. His competence and dedication have seed products, the Community has effec­ I wholeheartedly agree with Mr. Wes­ brought him two terms as president of tively imposed a tariff on these products ley that we must begin to eliminate agen­ the Northern Illinois Planning Com­ in direct contravention of its written cies and regulations that are wasteful mission, the second vice presidency of obligation under GATT not to do so. and unnecessary, and which lead to ever­ the Palos-Orland-Worth Area Council as Soybeans and other oilseeds are im­ increasing redtape and other incentive­ well as one of the 25 directorships of the portant sources of cash income to the stifiing burdens for the private sector. council. farmers of many States. They produced The complete text of his broadcast What such a listing of activities does $5 billion worth of foreign trade income follows: not reveal is this man's genuine warmth in 1975. The attached chart indicates the KFI RADIO EDITORIAL and generosity. I am proud to count him cash receipts value of soybeans in 1975 There 1s a small army of bureaucrats in a-s a friend and I commend him for his for several of the States. It also indicates Washington that 1s churning out regulations past accomplishments and wish him the rank within the State of the value that affect every American in one way or continued success. 8512 EXTENSIONS OF REMARKS March 29, 1976 THE SILENT PARTNER OF HOWARD million was among the assets Air West con­ In fact, by receiving $55 million from the HUGHES-PART Xlli veyed to Hughes at the time of the sale. CAB since Air West was acquired, Hughes In other words Hughes conveyed $48 mil­ Airwest has received more money in federal lion to Air West in one moment and then subsidies the last six years than Hughes paid Air West promptly conveyed $48 million back to the 13,000 shareholders of Air West for HON. MICHAEL HARRINGTON to Hughes. their stock in the airline. OF MASSACHUSETTS That left a total of $41 million for dis­ While the airline received $10.5 million IN THE HOUSE OF REPRESENTATIVES tribution to stockholders, the Anderson law­ in federa.l subsidies !or the 1974 fiscal year, suit contends. But in the end, stockholders Monday, March 29, 1976 Hughes Airwest reoorded a $7.9 million prof­ did not even receive that much. it on total revenues of $165 million in 1974, Mr. HARRINGTON. Mr. Speaker, I An additional $8 million was set aside by according to CAB statistics. am inserting today the 13th installment Air West at the time of the sale for various But at the same time the subsidy pay­ of the Philadelphia Inquirer's expose contingency funds. To date, only $33 million ments--payments made in part to maintain has been distributed to stockholders. air service to small towns-have remained regarding Howard Hughes' privileged Hughes Air Corp., the parent company of relationship with sectors of the U.S. high, Howard Hughes' airline has cut back Hughes Airwest, contends that stockholders the number of points it serves. Government. In this segment, reporters approved the terms of closing at a final meet­ Donald L. Bartlett and James B. Steele ing on March 23, 1970. The CAB reports that these cities have The SEC action, also filed in San Francisco, been deleted !rom Hughes Airwest routes: conclude their account of Hughes' acqui­ Marysville, Yuba. City, Long Beach, Apple sition of Air West and, in a separate concurs with many charges made in the Anderson lawsuit and contends that Hughes Valley, Inyokern, San Luis Obispo-Paso Ro­ article, examine a subsidiary of Hugh~s and others promoted the Air West sale even bles and Lake Tahoe in California; Baker, Aircraft in Mexico. The latter piece fea­ though they knew shareholders would re­ Roseburg, Obatrio Payette in Oregon; Olym­ tures some of Hughes' attitudes on hir­ ceive "if anything, far less than $22 per pia and Aberdeen-Hoquiam in Washington, ing blacks and women. share." and Burley-Rupert in Idaho. The material follows: That court action also contended that At the same time Hughes Airwest serv-ice THE SILENT PARTNER OF HOWARD HUGHEs-­ Hughes, during the campaign to gain control to those cities has been eliminated, the CAB reports, not one additional community has PART XIII of Air West, arranged for certain political leaders who are not named in the lawsuit to been added to Hughes' routes. Since the CAB gave glowing approv·al to make statements criticizing Air West's man­ the Hughes acquisition in 1969, lawsuits have agement and praising the Hughes offer. DOWN MEXICO WAY HE DOES DEFENSE WORK been filed by irate stockholders from New The SEC complaint says Hughes and his York to San Francisco charging fraud and agents made contributions to the same po­ Only one short block from the U.S. border, deception by Hughes and his aides in the litical leaders about the time the politicians · in a mostly residential section o! the Mexican Air West sale. made public statements regarding Air West. border city of Mexioali, stands a squat, mostly In addition, the Securities and Exchange Finally, the SEC charged that Hughes en­ one-story building with the words "Ensam­ Commission (SEC) has charged Hughes and tered into agreements with three men "for bladores Electronico.c; de Mexico" emblazoned seven other men with violating securities the purpose of depressing the price of Air across its dark green front. laws and manipulating the price of Air West West common stock and for the purpose of Inside, dozens of young women, some no stock to their own advantage. inducing other persons to sell Air West com­ more than 18 years old, are bent over long At the heart of the complaints is the !act work tables carefully piecing together tiny that Hughes promoted and gained approval mon stock ..." The three-Herman Greenspun, publisher electronic components. for his offer to purchase Air West on the of the Las Vegas Sun; David Charney, a "Our largest item is the digital watch," basis that shareholders would receive roughly Hollywood film producer, and George says Marvin J. Kilburg, the plant manager, $22 per share if they sold the airline to him. Crockett, a Las Vegas real estate developer­ proudly flashing his own watch for a visit­ The $22 figure appeared in the original sold 46,700 shares on the American Stock ing reporter to see. "We assembled 1.5 mil­ purchase contract, in the proxy statement lion o! these here last year." mailed to stockholders and finally in Hughes' Exchange in a three-day period late in 1968, the SEC complain charged. Ensambladores Electronicos de Mexico, application to acquire Air West that was which means essentially Electronic Assem­ approved by the CAB. M.!~NIPULATION blers of Mexico, assembles a variety of prod­ FAm, REASONABLE The reason for the "manipulation," as the ucts, from watches to sophisticated hybrid SEC called it, was to "pressure and influ­ circuits. The CAB hearing examiner ruled that the ence" Air West directors who were then op­ acquisition was "fair and reasonable." Pre­ The parts are shipped to the Mexicali plant posed to Hughes' offer into changing their from the United States. They are assembled sumably, the CAB examiner was referring to votes in favor of it. In two days, the price the promised $22 per share Hughes had at Ensa.mbladores by a work force that is of Air West stock dropped three points, the 95 percent female and then shipped· back to offered shareholders. It was the only figure SEC said. cited in the CAB hearings. the United States for sale and dist~ibution In addition to naming Hughes, Greenspun, by the plant's parent American company. As Toolco's own application to acquire Air Charnay and Crockett, the SEC also named West stressed: "HTCo (Tooloo) ... will pay There is nothing new about an American Summa Corp., Hughes Airwest, Chester company operating a Mexican subsidiary to to Air West a sum in cash which, in essence, Davis, Robert Maheu, Jimmy (The Greek) is equivalent to the payment to Air West assemble products for export back to the Snyder and Patrick J. Hillings as defendants. States. of $22 a share on its common stock." Hillings, a former Republican congressman But in the end, stockholders received only American oompanies have been doing just from California, was an Air West director in that for years to take advantage of low wages $8.75 per share-a little more than a third 1969 when the SEC alleges he received $50,- of what Hughes said he would pay. and of an official Mexican po11cy which en­ 000 in payments from Hughes and Summa courages the assembly of products south of The disparity between the Hughes prom­ as their employee without disclosing his re­ ise and final Hughes payout is what led in the border. lationship with Hughes to other Air West HUGHES SUBSIDIARY part to lawsuits from coast to coast in­ shareholders during the Hughes control bid. cluding a complaint against Hughes by the Snyder has since been enjoined from fur­ What is of interest about this particular SEC. ther violations of federal securities law by Mexica11 plant is that it is a subsidiary of The questions raised by the legal actions a federal judge who is hearing the pending Hughes Aircraft Co., the leading defense and are many and varied, and probably wm not SEC case in San Francisco. aerospace company of bilUonaire Howard be settled for years. There is no general Robard Hughes. agreement among them on such fundamental The CAB's contention that Air West stock­ And what is of interest about that is that points as what Hughes should have paid or holders would receive "fair and reasonable" Hughes' Mexicali plant assembles, among even what he actually did pay !or Air West. consideration for their holdings-an assess­ other things, according to documents on file In a civil action filed in San Francisco ment based on Hughes' pledge to acquire Air with a federal agency, "military electronic by Patricia Scott Anderson, a former Air West for $22 a share rather than the $8.75 he systems." West stockholder, Hughes, his aides and Air evenutally paid to stockholders-was not the But Kilburg, the Mexicali plant manager, West's former directors are among 42 de­ regulatory agency's only faulty prediction in is not eager to talk about that phase of En­ fendants charged with making "false, mis­ the Air West case. sambladores' operations. leading and untrue statements" to win The agency's 1968 order approving the "We assemble stereo systems, computer stockholders approval of the Air West sale. merger of the three smaller airlines to form systems, fire-control systems, but I hesitate According to the lawsuit, when Hughes Air West stated that the merger could re­ to get into that area.," he told an Inquirer formally acquired Air West on March 31, sult in a. "substantial reduction in subsidy." reporter. "It might be considered classified. 1970, a check for $89 million was delivered Air West and its predecessors received $10.8 Whatever you do, don't use the word mili­ to Air West for its assets. million in federal subsidies that year. Since tary." But Air West then placed $48 million of Hughes acquired the airline, Hughes Airwest "Why is that?" he was asked. the $89 million in a special bank account to has received an average of $9 million in "I just don't think it would be wise to make up for the decline in the airline's net federal subsidies a year, hardly the substan­ mention it," he answered. worth since July 31, 1968. In turn, the $48 tial reduction forecast by the CAB. Neither, apparently, does Hughes Aircraft March 29, 1976 EXTENSIONS OF REMARKS 8513 think it would be wise to mention the Mexi­ pUsh something, much more so than in the ply-! think it is a wonderful idea for can subsidiary, States. somebody else. I know this is not a. very There is no reference to the Mexicali plant "In the U.S., they have predetermined praiseworthy point of view, but I feel the in the booldet that Hughes Aircraft mailed ideas. Here they accept what you have to Negroes have already made enough progress to The Inquirer listing the company's do­ teach them. They are not clock watchers. to last the next 100 years, and there is such mestic and foreign plants and offices. "If there is one weakness here, it is that a thing as overdoing it." Thus, it is not generally known that in Mexico a young man has much more Hughes, which received $1 billion in defense freedom in growing up; a young woman is contracts in the 1975 fiscal year, is exporting disciplined from birth." part of its taxpayer-supported work to a By contrast, Hughes Aircraft faces the FORD FLIMFLAM ON THE STRIP low-wage haven in Mexico. reverse situation at its huge Culver City MINE BILL The Inquirer, during an eight-month in­ operation, where it is fighting to keep secret vestigation of Hughes and his relationship the company's minority hiring and promo­ to the federal government, came across the tion plans. name of the Mexicali plant in documents In 1972, the Los Angeles chapter of the HON. TIMOTHY E. WIRTH filed with the Civil Aeronautics Board (CAB) National Organization for Women (NOW) OF COLORADO filed a complaint with the Equal Employ­ in 1969 by another Hughes company. IN THE HOUSE OF REPRESENTATIVES When The Inquirer asked Hughes Aircraft ment Opportunity Commission (EEOC) what percentage of the Mexicali plant was charging Hughes with discrimination in hir­ Monday, March 29, 1976 devoted to assembling military products, a ing and promoting women at Culver City. company spokesman declined to provide the NOW charged-that Hughes hired too few Mr. WIRTH. Mr. Speaker, the major­ figure, but did acknowledge that "complex women, and that female employees were often ity of this House is still determined to modules for the Phoenix missile and other overlooked for promotion. The complaint enact into law the strip mine bill which military" systems are assembled there. was filed after a group of female employees the Interior Committee has worked so As for the Defense Department, a spokes­ brought their complaints to NOW. long and hard to perfect. That majority man said the Department had no specific In February 1974, NOW asked the Defense will not be deterred by the dallying of information regarding any of Hughes defense Department for a copy of Hughes 1974 Af­ firmative Action Plan. The request was the Rules Committee nor by the Ford contract work outside the United States, and administration's propaganda blitz. added: made under the federal Freedom of Infor­ "The Defense Department does not main­ mation Act. This morning's Washington Post car­ tain any data on subcontracts placed with Affirmative action plans usually discuss ried an article by Colman McCarthy de­ foreign sources by defense contractors. That the minority hiring, firing and promotion tailing previous administration use of information would be available from the policies of a company. They also usually scare tactics, distortion, and high pow­ contractor." include statistical data on previous prac­ tices as well as future projections for minor­ ered industry lobbyists to defeat earlier Asked why Hughes began the Mexican op­ efforts to write sound strip mine legis­ eration, which was founded in 1966, Kilburg, ity employment policies. the Ensambladores manager, answered: LAWSUIT FILED lation. The Ford :flimflam team of Zarb "Basically it was the labor, the availability When the Defense Department informed and Morton used half truths, innuendoes, of labor at a low cost. This is a strong suit Hughes Aircraft that it planned to release and veiled threats of economic disaster for any company-any American company­ the plan to NOW on May 1, 1974, Hughes to lure Congress into voting against this doing business in this country." promptly filed a. lawsuit in U. S. District legislation. Today, he said, the wage rate at the plant Court in Alexandria, Va., against the De­ I believe that we should make every is 84.95 pesos a day, which translates into fense Department to block the release. effort to expose the administration's ap­ $34 a week. That is an increase from 46 pesos Hughes contended that if the plan were proach. The American people under­ a day or $18.40 a week as recent as 1972, he released: said. "(The company) would be subjected to stand and respect honest disagreements; He said the plant now employs 655 persons, vexacious and unwarranted litigation and they will not tolerate distortion of the mostly women between the ages of 18 and 22. there would be a substantial risk of serious facts, misrepresentation of the truth, It operates on two shifts daily, from 6 a.m. .injury to (company's) goodwill and the and blatant obfuscation of the issues . until 10 p.m. public and its own employees... Nor should we. Kilburg said another advantage of operat­ "Those documents when taken out of con­ Following is Mr. McCarthy's piece; ing a plant in Mexico is low employee turn­ text, are subject to misinterpretation and further detailed exposure of the admin­ over and an ample surplus of labor. would subject (company) to adverse, un­ istration tactics can be found in the re­ "Most of these people have never had a justified publicity... " job before," he said. "We get dozens of people Hughes legal response stunned the Los port of the Interior Committee: in here every day looking for a job." Angeles NOW chapter. THE STRIP MINE BILL THAT WoN'T DIE Kilburg said the Mexicali plant has been "It's not unusual for many of these prob­ (By Colman McCarthy) highly successful and a 30 percent expansion lems to exist in a company," said Ms. Carol The House Rules Committee, regressing is planned. The work force alone has nearly Henden of the chapter. "This is typical of into its role as a legislative junta, voted doubled in the last three years, he said. many companies. What is unusual here is last week against passing a strip mine bill As a private company, Hughes Aircraft does that Hughes filed suit when we asked for on to the full .House. The legislation had not make public any detailed statistics on the plan. come to the committee from a House In­ its financial status or the performance of its "Most companies are very proud of their terior Committee that had voted 28 to 11 various subsidiaries. plans and will give them out as a snow job, for revisions in last year's vetoed bill. After However, in reports submitted to the CAB as a public relations kind of thing. This the Rules Committee tabled the bill-with in 1969 listing Ensambladores and other was unusual. Most companies don't go to only a few minutes discussion, and little subsidiaries, Hughes said sales of Ensam­ this extent." of that on the b1ll's substance-one of the bladores were $282,698 in 1968. Considering The lawsuit is still pending. NOW has sponsors, Rep. John Melcher (D-Mont.), was the plant's expansion since then, sales pre­ never received the Hughes affirmative ac- anything but dejected. The defeat was tem­ sumably are several times that figure today. tion plan. · porary, he explained. "The votes are in Con­ The CAB documents list Hughes Aircraft As for Hughes' personal feellngs on minor­ gress for a bill and it is only a matter of as the 100 percent owner of Ensambladores. ity groups, he spelled them out in a con­ time before the will of the majority is al­ Kilburg, the Mexica.li plant manager, said fidential memorandum to his one-time Ne­ lowed to express itself." Ensambladores is actually a subsidiary of a vada chief, Robert Maheu. In normal times, a bill that is a two­ company called International Circuit Tech­ Hughes drafted the memo, which is con­ time loser would be allowed a merciful nology Corp., located in Fountain Valley, tained in court records, after he watched death, its sponsors pulling the plugs if Calif. ICT, in tum is a wholly owned Hughes television coverage of rioting in black ghet­ only to avoid further association with the subsidiary. toes in Washington, Chicago and other cities comatose. But normality has not prevailed "The Hughes people are very interested in after the assassination of Dr. Martin Lu­ in the strip mine debate, and that is why the this fac111ty," said Kilburg. "They send many ther King Jr. in 1968. visitors down here. We think we'll be here a. legislation's supporters have not abandoned Wrote Hughes: it. Melcher re-introduced the b111 by means long time." of a discharge petition that wm need sig­ If Ensambladores has a problem area, it is "I . . . know there is tremendous pressure the inability to hire more young men. upon (hotel and casino) owners to adopt nature of a majority of House members to "We have been trying to hire young men a more Uberal attitude toward integration, bring it to the floor. The story of the b1ll's for this work," Kilburg said "but for the open housing, and employment of more persistence-after a. veto and the Rules tedious type of work we have, a young man Negroes. Now, Bob, I have never made my Commlttee snub-is important. It tells us is not equipped to do the job day after day. views public on this subject. And I certainly something about the methods and tactics the Ford administration used to defeat the "A young woman 1s so lucky to get a. job. would not say these things in publlc. "However, I can summarize my attitude bill last June. And it also tells us some­ Their minds a;re not cluttered like they are thing about many members of Congress who in the United States. They want to accom- about employing more Negroes very sim- EXTENSIONS OF REMARKS March 29, 1976 refuse to be influenced by coal industry mining debate. First, the record has been gotiating table together with other in­ charges that the bill is "extremist." correct. Second, it seems clear that the Pres­ Last June, when the bill died after a veto ident was badly served by Zarb and Morton, terested parties as they work out a just override fS as the Environ­ Those who do know something about dire fuel leak. Navy brass have grounded the mental Policy center S'Md last year-toot the consequences-the citizens in the coalfields entire Pacific F-14 contingent until administration was manipulwting Congress from West Virginia to Montana whose lands, further notice. by distorting the issue-was highly reliable homes and mental health are threat­ This is certainly not a unique occur­ and accurate. "The record is now clear,'' the ened by strip mining-have little way of rence; in fact, this is the second F-14 repor.t said, "that the produCltion losses (pro­ making their voices heard. In the final de­ Tomcat to go down this month. Twenty­ jected by the administration} were mostly bate last year, only the administration's fabriowtion and could not be justified." In four days ago, on Friday, March 5, "experts" were heard. But their expertise is another of these Grumman-built aircraft another instia.nce, an FEA offic'Lal cited a now seen to have been more than a little Pennsylvama siirip mine law to bolster the flawed. That this has come to light will :flying at 3t;,OOO feet went out of control, admi.ni.straJtion's case. After the veto, the re­ mean nothing to the citizens unless Congress spinning wildly for 37 revolutions, and porrt says, the state's administrator of the does now what it should have done a year crashed to a watery grave in the Chesa­ law wrote to the commit tee that the FEA ago: create a law and get ready to meet the peake Bay. In December 1970, the F-14 m:a.n Wla8 "totally incorrect." immense problems of enforcing it. prototype crashed and was destroyed on The Houoo committee now believes thaJt its second :tlight, delaying the program 6 many in the Congress and the public were mislead by the administration. The commit­ months and increasing costs by $40 mil­ tee report says a followup investigation "pro­ lion. June 1972 saw the downing of a duces a clear parotern. A systema.tic economic ISRAEL'S ACTION ON U.N. DEBATE test plane into the Chesapeake, destroy­ impact analysis w.a.s not -arotempted (by the ENCOURAGING ing the aircraft and killing the pilot. administr81tion} but, instea,d, the figures Another of these swing-wing planes were based on nonscientific interviews, many collided with a Sparrow missile a year by long-distance phone calls, to various op­ HON. DAVID R. OBEY later and was totally ravaged. In the erators and industry groups who had lobbied OF WISCONSIN last 2 years, four planes have sustained against the bill ... In some cases ... com­ substantial damage and three have been pletely e:rtroneous assumptions (were ma.de) IN THE HOUSE OF REPRESENTATIVES abou;t key provisions of the bill (e.g. Depart­ Monday, March 29, 1976 demolished due to faulty engines. In all, ment of Interior officials were assuming the 10 F-14 aircraft have been lost. For a bill banned m1ning on steep slopes, when in Mr. OBEY. Mr. Speaker, I do not want plane which the Navy terms an unquali­ fact, it did no such thing)." to make too much of it, since the fied success. I find the brief history of Much of the investigation the committee Israelis themselves have made a point this $23 million aircraft most notable for report relies on came from stories appearing of saying that it is in no way indicative its frequent failures. on June 30 in the Louisville Courier-Journal of a change in policy, but I was never­ Though the program has been scandal­ and The Baltimore Sun. Ward Sincl.a~ir wrote theless pleased with the decision by the ized by questionable corporate dealings, in the Currier-Journal: "Although most fed­ Government of Israel to participate in eral officials were cooperative after repewted disgraced by ballooning costs, and racked requests for informa.tion, a pattern emerged; the current United Nations debate over by a myriad of technical deficiencies, background data were 'destroyed,' other ma­ recent developments in Jerusalem and perhaps the most threatening problem to terial was 'soottered' around the country, the West Bank. the crews who trust their lives to this lists of IllaiileS and mines became 'unavail­ While both parties have participated in shell of metal is the TF-30 engine, made able' and officials complained openly about United Nations General Assembly de­ by the Pratt & Whitney aircraft division their figures not being taken on faith. In bates in the past and in the delibera­ of United Technologies. Three F-14's other instances, statistics were drawn up tions of some specialized agencies, this is have been substantially damaged as a from fla.tly erroneous sta.rting points." the first time Israel has sat at the same result of blade failures in the first stage Shortly after the articles appeared, Sens. Jackson and Metcalf wrote to the White Security Council table with the PLO. fan section, where normal foreign object House asking for a response. A substantive What this means, therefore, is that damage-POD-aggravated by the sea reply has never been made. Nor did the Israel is recognizing reality at the air, has caused the blades to break off the administration ever write to the news­ United Nations and that is a hopeful completely. The permanent fix for this papers, either to challenge specific facts sign. I believe that over time, as Israel malfunction will not be available for a or deny the overall message of the articles: and the Palestinians both participate in year and one-half, and L"'l the meantime, that the administration won its victory by international meetings, Israel will be put daily visual inspection is required, sup­ fooling Congress with flawed and fuzzy in­ plemented by eddy current inspection of formation. By its lack of response, either to less on the defensive and other parties the Senators or the newspapers, the admin­ in the forum will be forced to take a more FODdamage. istration appears to have believed either that rational view. Regardless of disclaimers Two F-14 Tomcats, both deployed on the issue was dead-or that 1f a strip mine to the contrary, I hope that it will be the U.S.S. Enterprise, crashed into the bill was revived, double ta.lk would continue noted in the future that this decision sea within 12 days of each other, and one to persuade a gullible Congress. was the first step in a process which will more perished last October off the west Going back over last year's battleground eventually see the Palestinians and the coast-all the result of a third stage fan 1s crucial to an understanding of the strip- Israelis facing each other across a ne- disc/blade failure, due to violent vibra- March 29, 1976 EXTENSIONS OF REMARKS 85!15 tions induced by excessive wear of the training at leading colleges and univer­ NEWSLETTER EXCERPTS air seal between the second and third en­ sities across the country. After gradua­ gine stages. After each accident the Navy tion, when they have completed the pro­ had to ground and inspect its entire F-14 gram, they will be commissioned as Regu­ HON. LESTER L. WOLFF fleet. Navy personnel had to remove en­ lar officers in the Navy and Marine Corps. OF NEW YORK gines with over 100 hours of flight time, These young people should be highly IN THE HOUSE OF REPRESENTATIVES unstack fan sections, open compressor commended solely for being selected, and cases, and inspect bleed ducts and fuel they are due further honors for the great Monday, March 29, 1976 lines. An interim fix was finally decided responsibility they will be taking upon Mr. WOLFF. Mr. Speaker, periodically, upon and orders prevent engines from themselves. They will be getting an edu­ I distribute a newsletter to my constit­ flying until it is incorporated. cation, which again is admirable in it­ uents in a continuing effort to keep them In addition, upon the return from their self, but they will also be learning to de­ informed of my activities as their rep­ Mediterranean debut, 75 percent of the fend and lead the United States in times resentative in Washington. F-14's aboard the John F. Kennedy were of trouble and crisis. I would like to share with my colleagues decked by problems with the retaining It is exactly this type of decision­ some sections of my latest newsletter: rivets between the second stage turbine maker, both intelligent and with real­ NEWSLETTER EXCERPTS air seal and shroud, and needed to be world experience, who will be able to Dear Friend and Constituent. This special lifted off the carrier. Had these planes guide us, and insure that the United issue of my Newsletter summarizes the rec­ taken to the sky, excessive friction could States remains strong in the face of ad­ ord of the first session of the 94th Congress well have caused more fatal crashes. Di­ versity. With this in mind, we should not and discusses some of the legislative ac­ rectives now require all engines with 250 only congratulate and commend these tions I have taken as your Representative hours of flight time be removed and new young men for their qualifications and in the 6th Congressional District. I would engine rotors, rivets, blades, and shrouds selection to the NROTC scholarship appreciate your comments. program, but we should also thank them These remain difficult times for Americans. installed, an overhaul requiring an ex­ The pressures of inflationary costs for every cess of 150 man-hours. for the service they will be performing in commodity and service essential to a fam­ The galling problem is that the TF-30 the years ahead. ily's needs have resulted in sever strains on engine has been around since 1959 and is our social and econoinic stability as a nation. far from a new machine. Pratt & Whit­ This past year the efforts of Congress to ney slightly modified it, but the engine EQUAL EMPLOYMENT deal effectively with the many problems, far was to be one of several proven, off-the­ OPPORTUNITY too often, were blocked by the reckless use shelf items to reduce the risk involved in of 46 vetos with the result that favored in­ terests continue to reap enormous profits developing the F-14. Instead, this power­ HON. DON EDWARDS while the average American is caught up in plant has just cost the Navy another of OF CALIFORNIA a financial squeeze so gripping he can barely its most expensive fighters and nearly IN THE HOUSE OF REPRESENTATIVES handle his day-to-day expenses, much less the lives of two of its men. It is the No.1 invest in his future. readiness degrading item; associated fix Monday, March 29, 1976 The 94th Congress has been criticized for and inspection procedures are costly in Mr. EDWARDS of California. Mr. doing legislative "business as usual" when labor hours, flying time, and maintenance Speaker, I would like to take this oppor­ the times demand decisive and responsive funds. Is the Navy going to allow the in­ action. The fact is that this past session has tunity to share with you a letter which produced a body of public law responsive to competence of its present F-14 program the Northern California Chapter of the the most crucial concerns of the American to endure, and then bill the American National Society of Real Estate Apprais­ people. This legislative record includes the public in increased costs and human ers recently sent to Mr. Robert F. Welch, Tax Reduction Act and Tax Reform Act, lives? Mr. Speaker, I hope not. Director of the Veterans' Administration Homeowners Relief Act, emergency job funds, regional office in San Francisco com­ anti-recession assistance to local govern­ ments, grants and matching funds for public mendirg hi.m, for his many fine accom­ works, highway and mass transit projects to CONGRATULATIONS TO 1976 NROTC plishments in his first year as head of the accelerate construction and increase employ­ SCHOLARSHIP WINNERS San Francisco Office. I join my friends ment, extended major health services pro­ in the National Society of Real Estate grams and increased benefits for disabled Appraisers in lauding Director Welch for veterans and Social Security recipients. taking an active role in promoting equal These laws and virtually every other piece HON. JERRY M. PATTERSON employment opportunity in his VA Office. of progressive legislation were enacted over OF CALIFORNIA The letter follows: initial Administration opposition, intent on IN THE HOUSE OF REPRESENTATIVES serving special interests instead of your best NATIONAL SOCIETY OF REAL interests. Monday, March 29, 1976 ESTATE APPRAISERS, INC., In the months ahead, I will continue to NORTHERN CALIFORNIA CHAPTER, pursue every avenue available to me, as Mr. PATTERSON of California. Mr. San Leandro, Calif., March 8, 1976. your Representative, to achieve economic re­ Speaker, it is indeed a privilege to be able Mr. ROBERT WELCH, covery and to rally support for enlightened to honor a number of young men from Director, Veterans' Administration Regional legislation that will renew our nation and my district who have qualified and been Office, San Francisco, Calif. its people in our bicentennial year. selected for the 1976 Navy ROTC schol­ DEAR MR. WELCH: We are an organization of Black Businessmen who wish to take this JOB PROGRAMS, TAX INCENTIVES ESSENTIAL TO arship program. opportunity to thank you for the increasing SAVE ECONOMY These young men have already gone opportunities made available to minorities A sound plan of action that ultimately will through a rigorous selection process, and in your office. We are happy about these long lead to a balanced budget and a sharp de­ still face a tough road ahead. Out of more overdue changes that he.ve occurred since cline in the number of Americans who are than 32,500 applicants nationwide, only you became Director of the Veterans' Admin­ unemployed is the objective of Rep. Wolff 2,156 were finally selected for the schol­ istration Regional Office in San Francisco. to achieve economic recovery for this nation arships. Eleven of those chosen reside in Such changes as: assignment of Black in the foreseeable future. appraisers to non-Black areas; recognition "The federal budget must be brought back my district, and congratulations are in and qualification of female fee appraisers, into line; we must provide jobs to stimulate order for each of them. Their names are: and your continuing efforts made to increase productivity and get people back to work and Richard J. Araiza, Greg C. Busche, Pat­ promotional and employment opportunities. off the burgeoning welfare roles as we seek rick J. Hughes, Brian J. Keepers, David After much discussion with top supervisors out new ways to meet the pressing needs of J. Mikelson, Brian E. Riehm, Richard J. in your office, we have concluded that these the wage earning, Iniddle income family that, Schank, Mark G. Shopner, Mike R. Hor­ promotional opportunities could not have oc­ more than any other group, is being stifled nick, Jerry S. Mitchell and David B. curred without your active leadership. We by inflation and high costs," said Wolff. Jackson. The large number of our highly appreciate a man of your caliber in the ca­ "It took this country 166 years to create a pacity of Director. federal debt of $600 billion. This year alone qualified applicants must also be a trib- Again we say, "Thank You", and you can the federal deficit will approach $76 billion. ute to our healthy Orange County cli­ expect our help in any of your future en­ This year alone it will cost us almost $40 mate and sunshine. deavors. billion in interest on the federal debt. Un­ The young men will enter the program Sincerely yours, employment compensation will run $20 bil­ during the 1976 fall school term, and LORENZO CRENSHAW, lion." they will receive their education and President. Each time the unemployment rate rises by 8516 EXTENSIONS OF REMARKS March 29, 1976 one percent, another $17 billion is added to down. Rep. Lester Wolff (D-N.Y.), one of the dangerous side effects from supersonic air­ the federal debt through loss of tax revenues leading narcotics experts in Congress, pres­ craft for nearly 10 years--ever since he first and additional outlay for welfare. "It fol­ sured the bureaucrats to change their minds. viewed a prototype of the Concorde as dis­ lows," Wolff pointed out, "that if we cut 4 But by this time, the Thais had changed played by the British-French manufacturers. percent off the unemployment rate (now theirs. The matter is still being negotiated. As Chairman of the House Subcommittee on 7.6 % ), we can reduce the federal deficit by -Under the code name Operation Cocina, Future Foreign Policy, Wolff is calling Secre­ $68 billion--or only $8 billion short of what Colombia last June began cracking down on tary Coleman before his Subcommittee to ex­ may be needed to balance the budget. To cocaine traffickers. The Colombians asked plain to the Congress why the American peo­ bring the budget back into balance, we also the United States for some special communi­ ple should be subjected to the possible haz­ must curtail non-essential federal spending cations equipment. Two U.S. narcotics of­ ards of foreign aircraft that, even he (Cole­ and make other cuts in the federal budget to ficials, whose sole responsibility was to audit man) admits, is at least twice as loud as the trim away the fat in bureaucratic areas where such requests, decided they wanted a. feasi­ already excessively noisy Boeing 707. Coleman a. 5 percent waste efficiency program could be bility study." Special personnel from Wash­ also will be requested to produce documents effected without impairing their operations." ington were flown down to conduct the study, from government files that indicate a pattern Rep. Wolff has always maintained that "the which dragged on for more than a month. has existed since 1971 of possible illegal U.S. government should be the employer of last Two months later, the bureaucrats solemnly commitments abroad that back up the Con­ resort. "However, he believes that what is reached a. decision: the Colombians needed corde flights. needed now to reverse this nation's economic equipment but not the kind they had re­ SECRET LETTERS decline is a. full scale program "to put people quested. Operation Cocina. will end shortly, Rep. Wolff earlier this year discovered tha.t to work, giving them dignity, instead of per­ but the right equipment only recently ar­ a secret exchange had been made in 1973 mitting them to waste away on hand outs. rived. by then President Nixon who wrote to French "Unemployment in itself is inflationary," -After much haggling, the government of President Pompideau and British Prime Min­ Rep. Wolff says, "let's invest in production, Mexico agreed to eradicate 20,000 poppy ister Heath informing them that any new not wela.fre checks." fields. At the time, the Mexicans used sticks FAA fleet noise rules would be "inapplicable "We can turn around our economy with job to beat the heads off poppy plants. But they to Concorde." programs to counteract shifts in the economy agreed that herbicides would be more effec­ In the secret letters, dated Jan. 9, 1973, together with tax incentives for industry and tive. Thereupon, the State Department de­ Nixon wrote ". . . in keeping with this the small businessman to prevent layoffs and livered a. primitive system employing buckets policy, the Federal Aviation Administration attendant drops in production in the private to pour herbicides out of helicopters. Of will issue its proposed fleet noise rule in a. sector. With jobs, a family has available course, the Mexicans really needed more so­ form which will make it inapplicable to the money to meet its needs while a.t the same phisticated spray equipment, which was Concorde. I have also directed officials of my time building up the economy through pro­ finally provided after Rep. Wolff intervened. administration to continue to work with rep­ ductivity. Far too many people, today, just -The Mexican government has also agreed resentatives of the French and British gov­ do not have the money to buy even the bare to conduct an aerial survey of their country ernments in order to determine whether a essentials, much less invest in their future to locate poppy fields. Using prop-driven air­ United Stat es supersonic aircraft noise stand­ through savings." craft provided by the United States, the Mexi­ ard can be developed which will meet our Congress, early this past year, legislated a. cans can survey only 60 square miles a day. domestic requirements without inhibiting $5.3 billion job bill-The Emergency Employ­ With a. small jet, they could survey 600 square the prospects of the Concorde.'' ment Appropriations Act--which was vetoed miles daily. Yet the State Department re­ Additionally, Wolff has disclosed that he by the President. fused to provide a jet, and suggested instead has unearthed a letter documenting that Congress rebounded and enacted a far less the Mexicans lease one. Secretary Kissinger, as late as Oct. 6, 1975, adequate jobs package to extend the existing Nevertheless, there are signs that officials wrote to Secretary Coleman urging a favor­ public service program and fund summer on both sides of the Rio Grande are finally able decision. youth employment as the best obtainable in getting together to stop the illict drug " ... It is apparent "the Kissinger letter the face of continuing Administration op­ traffic. says," that any administration decision that position. Last month, Wolff and a. colleague, Rep. would amount to an outright rejection of the Congress further enacted a comprehensive Benjamin Gilman (R-N.Y.), met privately applications of the two airlines for limited public works program to put people to work with the leaders of four countries and ham­ service to begin next year would be viewed and revitalize the construction industry, a mered out some "breakthrough" agreements. as a serious blow by two of our closest friends keystone of our economy, but it was vetoed In Mexico City, for example, they called and alies. . . . The impact would be partic­ as "inflationary." This legislation is now back upon President Luis Echeverria. They worked ularly severe in the case of France in light ln Committee for revisions that Rep. Wolff out an accord which has been summarized in of the immense disappointment the French hopes will withstand the Presidential veto. a private letter from Echeverria to President felt earlier this year in losing the interna­ Congress also passed legislation (to be sub­ Ford, transmitted by classified State Depart­ tional competition to the United States in sequently vetoed) to help the unemployed ment wire. providing a new military aircraft as the re­ threatened with loss of their homes and with "I put forward to the U.S. legislators the placement for the F-104 fighter aircraft in being shut out from receiving necessary idea of creating twin national commission," the hands of certain other NATO coun­ health services. wrote Echeverria, "one in each of our coun­ tries ..." "We in Congress," Wolff said, "will con­ tries, which would undertake a study of all Rep. Wolff has labeled this questionable tinue to work to ease the strain of inflation. aspects of this (narcotics) question and pro­ Administration posture as "a form of dip­ We will work to ease the pain of those who pose solutions ... For my part, I am pro­ lomatic blackmail that places self interest are unemployed, those who are underem­ ceeding to establish the Mexican commis­ above the best interests of Americans." ployed and those who are exhausting their sion." savings" "instead of listening to the Labor Wolff, who led the successful Congressional Department's persistent and misleading play effort 5 years ago to halt the development of on figures. Our economy will not be saved by WOLFF ACTS TO HALT CONCORDE: REVERSE an American SST, said: "I believe, as I did running a lottery with statistics. We cannot CoLEMAN DECISION then, that this type of supersonic aircraft play games with this nation's economic via­ The Port Authority, in an historic decision, should not be placed into commercial serv­ bility." finally responded to the demands of New ice until the most strict environmental and Yorkers led by Congressman Wolff and im­ health standards have been established to protect our citizens and have been accepted RED TAPE HINDERS DRUG CRACKDOWN posed a 6-month ban on the landing of the Concorde SST at JFK Airport. by the Congress. (By Jack Anderson and Les Whitten) The battle against intrusion by the Brit­ "My concern with aircraft noise abate­ The State Department is so entangled in ish-French noise machine is joined in the ment has not been confined to the SST. I red tape that it has hampered the efforts federal lawsuit filed in February by the En­ have been, and am, seeking through the leg­ to stop drug smuggling. vironmental Defense Fund and Rep. Wolff islative process to gain enactment of my For years, prodigious amounts of heroin, who has been supported in the action by 30 bills to mandate retrofitting of existing com­ cocaine and marijuana have pow·ed into the of his colleagues in the House and Senate. mercial jet aircraft to cut back on the noise United States from Asia, Latin America and The suit, before the Federal Court of Ap­ and to amend the Noise Control Act of 1972 the Middle East. Each year, more than a bil­ peals in Washington, makes the point that to give the Environmental Protection Agency lion dollars worth of "brown" heroin is Secretary of Transportation Coleman ex­ the power to control aircraft noise, instead smuggled across the border from Mexico ceeded his authority and violated U.S. laws of the Federal Aviation Administration alone. when he approved Concorde flights to the which too frequently ignores the plight of To stem the tide, the United States has U.S. and seeks to overturn the 111-a.dvised and people living in the wake of jet noise. This spent millions. of dollars and assigned thou­ unacceptable decision. legislation is before the House Subcommit­ sands of people. Yet project after project has Coleman's decision, Wolff said, is based tee on Aviation and I am hopeful of favor­ been caught in the bureaucratic tangle at upon foreign policy consideration-and, I've able consideration. Foggy Bottom. Here are just a. few examples: heard enough about our foreign relations. Specifically on the Concorde, Wolff during -At one time, a United Nations team per­ What about our domestic relations and the the past year has ·revealed to the Congress suaded reluctant Thailand officials to allow people who have to live with this kind of scientific data he obtained through research a.n aerial survey of their poppy fields. The threat to their health and safety. and investigation that disputes the Admin­ State Department, incredibly, turned the idea Rep. Wolff has been fighting the threat of istration and manufacturers' claims of Con- March 2'9, 1976 EXTENSIONS OF REMARKS 8517 corde safety. Wolff's legislation to ban the The volunteer ambulance corps in the of Supervisors, which on February 24, Concorde SST became the basis for wide­ communities of the 6th Congressional Dis­ requested my introduction of it, as well spread Congressional opposition. trict and their phone numbers are: as support of the city of Los Angeles De­ The principal objection to Concorde is In Queens-Little Neck, Douglaston, 229- noise. British government tests last ye!lir 0400; Glen Oaks, 347-1600; Bay Community, partment of Water and Power. As yet, proved so devestating that the British tried 225-1133; Bayside, 225-2828; Flushing Com­ under legislative procedures, the Na­ to cover them up, but the British press, in munity, 353-4900; Queens Village, Hollis, tional Forest Service and the Department a dramatic turnaround from its previously Bellerose, 464-2424; Jamaica Estates, Hollis­ cf the Interior have not had the op­ pro-Concorde stand, has now run repeated wood, South Bayside, 464-0300. portunity to provide their official views articles showing the Concorde is the noisiest In Nassau-Ambulance service is provided and comments on this proposed legis­ commercial aircraft ever developed. by the following volunteer fire departments, lation. Concorde's takeoff noise ranges up to 134 Manhasset-Lakeville, Port Washington, Effective Perceived Noise Decibel's (EPNdB's) Great Neck Vigilants, Mineola, New Hyde This bill has the same goals as my pre­ according to the British tests. The maximum Park, Wllliston Park, Garden City Park, and vious bill. which has been allowed at John F. Kennedy Westbury-Carle Place. Contact is made Central to the proposed solution is for years is 112 EPNdB. By way of compari­ through local police precincts or Nassau language in the bill clearly intended son, a jackhammer makes 107 EPNdB. County Police Department, 911. and designed to halt any further or fu­ Since 1969, U.S. law has set an average of ture expansion of the existing water 107 EPNdB as the maximum allowable in gathering, usage, and electrical power commercial aircraft, and Secretary Coleman has pledged to take steps to ensure that the generation and transmission rights and A BILL TO REPEAL THE ACT OF practices on Federal land in Mono U.S. fleet will meet these standards. JUNE 23, 1936, TO EXCHANGE Although the British and French say forc­ County as conducted by the city of Los ing them to meet U.S. noise laws set in 1969 LANDS IN MONO COUNTY, CALIF., Angeles. is discriminatory, those governments pledged AND FOR OTHER PURPOSES I hope the introduction of this bill will in 1962 to meet any noise laws in force at the bring about early and full review by the time the SST went into regular service. Congress of the problems which have The only noise reducing technique Con­ HON. JOHN J. McFALL brought about the need for corrective corde apologists offer has been called by the OF CALIFORNIA U.S. government a "beat the box" low alti­ legislation and that the bill will serve tude turn which will not actually reduce IN THE HOUSE OP REPRESENTATIVES as a carefully considered proposal for the noise of Concorde, but which will allow Monday, March 29, 1976 such remedial legislation that I hope can the aircraft to dodge J.F.K.'s noise measur­ Mr. McFALL. Mr. Speaker, just 2 years be enacted this year. ing devices with a turn U.S. and British The text of the bill follows: pilots have branded "test pilot flying with a ago I introduced proposed legislation to planeload of passengers." correct a unique situation in my con­ H.R. 12847 The Queen-Nassau Congressman notes gressional district in which the city of A bill to repeal the Act of June 23, 1936, to that the U.S. Government has-known of the Los Angeles has authority to acquire Fed­ authorize the Secretary of Interior to ex­ "beat the box" turn since 1973, and tried to eral lands in Mono County, Calif., for change lands, and for other purposes hide the actual noise facts discussed in a Be it enacted by the Senate and House of memo which remained secret until released municipal purposes at the rate of $1.25 per acre, as provided under the act of Representatives of the United States of Amer­ last year by Wolff and the Environmental De­ ica in Congress assembled, That the Act en­ fense Fund. June 23, 1936. titled "An Act authorizing and directing the OZONE QUESTION By way of background, the city of Los Secretary of the Interior to sell to the City While proof of possible damage to the Angeles has numerous facilities relating of Los Angeles, California, certain public ozone layer by Concorde is hard to pin down, to its water and power operations located lands in California; and granting rights-of­ Wolff said "We should certainly heed the on Federal land in Mono County. The way over public lands and reserved lands warnings of the U.S. National Academy of city of Los Angeles, under the act of to the City of Los Angeles in Mono County Sciences which last year published a study June 23., 1936, also has the right-subse­ in the State of California," approved June 23, saying that all high-flying aircraft, and par­ 1936, (59 Stat. 1892) is hereby repealed. ticularly SST's, may pose a severe threat to quent to approval by appropriate Fed­ SEc. 2 (a). In recognition that the Act of the ozone layer, and thus may alter the eral agencies-to purchase additional June 23, 1936, granted lands belonging to the earth's temperature, with disastrous results Federal lands in Mono County for the United States situated in Mono County, Cali­ for food production, and may strip the shield sum of $1.25 per acre. This situation is fornia, to the City of Los Angeles for certain guarding us from excessive sunlight, thus o:!· concern to Mono County and frus­ purposes, including rights-of-way, structures, causing skin cancer." trates its efforts to plan soundly for the diverting and storage dams, power plants COMMUTER GROUPS BACK WOLFF BILL future. and transmission lines, tunnels and conduits Long Island commuter groups have Understandably, this situation for for conveying water and lands for any other launched a petition drive in support of necessary purpose, and in recognition that, many years has been a source of con­ under the Act of June 23, 1936, and other Rep. Wolff's legislation to permit a federal ftict between Mono County and the city income tax deduction for those who use Acts, the City of Los Angeles lawfully con­ mass transit to and from work. oi Los Angeles. The expressed purposes structed, maintain, and operates water, of my proposed legislation 2 years ago power, and other facilities within rights-of­ TEACHERS HAIL WOLFF RECORD were to: way over public lands and Nat ional Forest The "report card" issued by the National First, repeal the act of June 23, 1936; lands in Mono County, California, the follow­ Education Association at the close of each ing grant is hereby made for the purpose of Congressional session ranks Wolff 100 per­ Second, provide for an exchange of lands between the city of Los Angeles and preserV'ing to the City of Los Angeles all of cent in its book on federal legislators for its existing rights to affect Federal land his voting record in support of NEA issues the Federal Government; and in the operation, maintenance, and recon­ and policies. The NEA, with a membership Third, provide for continuance by the struction of its existing facilities: of 1.8 million teachers, hailed Wolff for his city of Los Angeles Department of Water The City of Los Angeles is hereby granted dedication to education. and Power of its existing water gather­ easements and rights-of-way on, over, under, Specifically, the Wolff bill (HR 3070), ing, usage, and electrical power genera­ would amend the Internal Revenue Code through and across public lands and Nation­ to provide for an itemized deduction by tion and transmission practices in Mono al Forest lands in Mono County, California, County. as described and set forth in maps and ac­ commuters for the expenses incurred in companying descriptions filed by the City traveling to and from work on mass trans­ After nearly 2 years of sustained work portation facilities. involving my office, Mono County, the of Los Angeles with the Secretary of the In­ terior on October 24, 1944, and which maps "Enactment of this measure would bring city of Los Angeles Department of meaningful tax relief to the average work­ and descriptions were accepted as proof of \Vater and Power, the National Forest construction on behalf of the United States ing man and woman who must now bear the Service, and the Department of the In­ full impact of rising transportation costs," by the Commissioner of the General Land said Rep. Wolff. terior, I am introducing today a revised Office on January 4, 1945. The easements version of that legislation. and rights-of-way are granted to Los An­ I believe it is encouraging that the two geles together with the right for Los An­ VOLUNTEER CORPS, AROUND THE CLOCK agencies have been working together in geles to continue Its present operations and to maintain and reconstruct all existing Community sponsored volunteer ambu­ recent years to develop a proposed leg­ lance corp3 provide invaluable around-the­ water and power facilities located within the clock, seven day a week service to tens of islative remedy of this conflict. bounds of the descriptions filed with the thousands of residents in need of emergency This new bill-the complete text Secretary. Said existing water and power help or assistance to speed them to medical which follows-has the unanimous en­ facilities of Los Angeles and the manner tn care facilities. dorsement of the Mono County Board which they are operated are set forth in 8518 EXTENSIONS OF REMARKS March 29, 1976 these certain water rights licenses to the SEC. 4. Nothing in this Act shall be con­ fully wrought reputation in Washington, City of Los Angeles to divert and appropriate strued as modifying, interfering with, or that of J. Edgar Hoover, whom conservative waters of Mono Basin and water tributary otherwise affecting the laws of the State of columnist George Will recently called the to the Owens River in Mono County numbers California relating to the ownership of, or most dangerous man ever in American public 10190, 10191, 10192 as issued by the Cali­ rights to the use of water or land or the con­ life. (Useful interim reading is contained in fornia State Water Resources Control Board trol thereof, or with any power, right, or Ovid Demaris' Tne Director, an oral biography on January 25, 1974. The existing manner privilege of the State of California. of reflections on Hoover by the people who and amount of the exercise of the rights to SEc. 5. Whenever the City of Los Angeles knew him.) The committee has also docu­ divert and appropriate said waters in license ceases to use the land or a part of the land mented that every President since Franklin numbers 10190, 10191, 10192 and the effect granted under section 2 of this Act for the D. Roosevelt used Hoover for political pur­ of the exercise of such rights on federal purposes for which it was granted, all in­ poses, albeit often volunteered by him. Who lands is hereby confirmed. The right to use terests in such land or part of the land used whom is not always clear. and permit the use by others of the lands granted under section 2 shall revert to the The most despicable use of Hoover's power within the bounds of the descriptions is re­ United States. was in his unrelenting campaign to "destroy" served to the United States; Provided, That (taken from an FBI memo) Martin Luther such use will not interfere with the rights King Jr. Always suspicious of King, Hoover granted herein to the City of Los Angeles. went to work in earnest after the assassina­ (b) The grant in subsection (a) of this CONGRESSMAN YOUNG DISCUSSES tion of President John F. Kennedy. Accord­ section shall become effective upon relin­ DR. KING AND THE FBI ing to an FBI memo, in early 1964 a secret quishment in writing by Los Angeles of all meeting of top FBI officials considered 21 rights-of-way granted pursuant to the Act method..c; of obtaining derogatory informa­ of February 15, 1901 (31 Stat. 790) or the tion on King. More than 20 wiretaps and Act of February 1, 1905 (33 Stat. 628) de­ HON. ROBERT F. DRINAN bugs, most of them illegal, were used to scribed and set forth in the maps and ac­ OF MASSACHUSETTS monitor his activities Every major event in companying descriptions referred to in sub­ IN THE HOUSE OF REPRESENTATIVES King's life--the March on Washington, the section (a) of this section. Nobel Peace Prize, Time's Man of the Year SEc. 3(a) Subject to the provisions of sub­ Monday, March 29, 1976 selection, his attack on the VietNam War­ section (b) of this section, the Secretary of Mr. DRINAN. Mr. Speaker, in a recent brought about more frenzied FBI activity to Agriculture shall convey, by appropriate in­ issue of Christianity and Crisis, Con­ discredit him, orchestrated by Hoover. One strument, all right, title and interest of the gressman ANDREW YouNG discusses the memorandum-found in the file of one-time United States in and to such lands to the heir apparent William Sullivan (who denies City of Los Angeles: extensive surveillance and harassment the he knew about it)-caller for "knocking (1) Canip High Sierra (five acres): north­ directed against Dr. Martin Luther King King off his pedestal'' and creating a new na­ west quarter southwest quarter southwest by the Federal Bureau of Investigation. tional Negro leader. The memo even pro­ quarter southwest quarter; southwest quar­ It represents a sordid and shameful part posed a candidate who may still not know ter northwest quarter southwest quarter of the history of the FBI under J. Edgar he was so used. southwest quarter section 34, township 3 Hoover. The Rev. Andrew Young, now a second­ south, range 27 east, Mount Diablo base and The efforts by the FBI to discredit Dr. term Congressman from Georgia and the first meridian. Black sent to Congress from a Deep South (2) Grant Lake Dam (eighty acres): West King were, to be sure, wholly inappro­ state since 1898, joined the staff of the South­ half northwest quarter section 15, township priate, clearly antidemocratic, and gross­ ern Christian Leadership Conference (SCLC) 1 south, range 26 east, Mount Diablo base ly paranoic. The FBI should have been in 1961 after serving for four years in the and meridian. utilizing that energy, time, and money Youth Department of the National Council ( 3) East Portal (eighty acres) : East hal! to investigate violations of the Federal of Churches. Earlier he had served as minister northeast quarter southwest quarter; north­ criminal code, rather than intruding into of a United Church of Christ congregation west quarter southeast quarter; and west the constitutional rights of an Amer­ in south Georgia. Andy, as he is nationally half northeast quarter soutneast quarter ican citizen. known, was by Dr. King's side, both through section 21, township 2 south, range 28 east, the tremendous events of the 1960's and on Mount Diablo base and meridian. Congressman YouNG stated the point the balcony of the Lorraine Motel in Mem­ (b) The conveyances authorized by sub­ well: phis when King was assassinated in April section (a) of this section shall be made The tragedy of this whole thing, leaving 1968. This interview, which took place shortly subject to the condition that the City of aside Martin's death, is that none of the before Christmas, is his first extended public Los.Angeles, California, convey, by appropri­ groups that ultimately caused violence in reaction to the new information about the ate instrument, to the United States, all this society were really under FBI surveil­ FBI campaign of intimidation against Dr. right, title, and interest of the City of Los lance at all, none of the organized crime King, the SCLC and himself.-LEON Angeles in and to the following described push which has created a high level of vio­ HOWELL. lands excepting and reserving to the City of lence in our cities through narcotics. HOWELL. At what point did you begin to Los Angeles all water and water rights in realize that the FBI not only was a problem accordance with section 219 of the Charter I highly recommend Congressman because of ineffective law enforcement but of the City of Los Angeles: YouNG's observations to my colleagues: also had turned to direct harassment? (1) Sherwin Creek (forty acres): North­ AN INTERVIEW WrrH ANDREW YOUNG YoUNG. They were a problem almost from west quarter southeast quarter section 6, (By Leon Howell} the beginning as they sat around taking township 4 south, range 28 east, Mount It was worse, much worse, than all but a note while people were getting beat up. But Diablo base and meridian. we always felt that their presence was wel­ (2) Lee Vining Ranger Station (fifty few of those involved in the civil rights and antiwar movements claimed. The Fed­ come and that they did serve as restraint on acres): Southeast quarter southwest quar­ Southern law enforcement--it's almost a ter; west half west half southwest quarter eral Bureau of Investigation (FBI) not only watched us. It not only engaged in attempts shame to call [that] law enforcement--which southeast quarter section 17, township 1 would have been far more violent without north, range 26 east, Mount Diablo base and to tarnish reputations that led Arthur Moore Jr. to ask in 1969 in these pages (June 9 the FBI. So in spite of the fact that we knew meridian. they were somewhat antagonistic to our ( 3) Upper and Lower Horse Meadow: issue) if its name ought not to be changed to the Federal Bureau of Innuendo. But it goals, we always cooperated with them-all (a) Upper (one hundred and sixty acres): had a counterintelligence program called the way through, even after the harassment Northeast quarter section 30, township 1 Cointelpro which actively disrupted and dis­ started. north, range 26 east, Mount Diablo base and torted our organizations-in many instances I think he first knowledge we had of open meridian. illegally. hostility was in 1964, when Dr. King won the (b) Lower (one hundred and sixty acres): Parts, but by no means all, of that activ­ Nobel Prize and Hoover blasted him as the West half southeast quarter; northeast quar­ ity have been emerging from the hearings world's most notorious liar. We knew they ter southeast quarter section 20 and north­ conducted during the past year by the Senate were taping [sic] us before that time and west quarter southwest quarter section 21, Select Committee to Study Governmental bugging our phones; but that was never township 1 north, range 26 east, Mount Operations with respect to Intelligence Oper­ t'eally a problem for us. It's hard to remember Diablo base and meridian. ations, chaired by Senator Frank Church. back then, but when you were anxious about (4) Grant Lake Shore (thirty acres): Por­ After reading the staff files, much of which your life, civil liberties seemed a tertiary tion northwest quarter northeast quarter is not yet public, Senator Philip Hart told consideration. section 28, township 1 south, range 26 east, an FBI witness: "It is the sort of thing In our conduet of a nonviolent movement Mount Diablo base and meridian above maxi­ that my children have been telling me for there was nothing that we did not want them mum high water level and portions of south­ years you were busy doing, and I simply to know anyway. We instructed our staff to east quarter northwest quarter; northeast didn't believe them. They were right, and I keep local law enforcement people informed. quarter southwest quarter; and lot 4 of sec­ was wrong." I can remember over in Jackson, Miss., when tion 21, township 1 south, range 26 east, When the committee's full work is pub­ we were having a strategy meeting and there Mount Diablo base and meridian which are lished, it will scare the hell out of us. It will was a group of plainclothes detectives hang­ above maximum high water level. complete the destruction of the most care- ing around outside. We invited them in be- March 29, 1976 EXTENSIONS OF REMARKS 85J.9 cause our whole style was one of complete them as friends; we never looked upon the Kennedy asked Martin if there was any truth openness. You can be that way in a non­ FBI agents as enemies. to that and whether he was sure of the violent movement. That is one of its tre­ HowELL. Many versions have been pub­ involvements of the people around him. mendous advantages. Southerners thought-­ lished on the meeting in late 1964 between Senator Eastland and others the FBI would ! mean, they were really afraid of us in the Dr. King and Hoover. DeLoach testified re­ be keeping very close watch and that his early days, and part of our success was in cently that it was, surprisingly, "more of a [King's] activities would be monitored. disarming them of their fears. love feast than a confrontation, a very amica­ HowELL. By "monitored" you mean his In Albany we brought a southerner down ble meeting between two great symbols of phone would be tapped and he could ex­ who was working on a Ph. D. at Harvard, Jim leadership." Hoover told Time (Dec. 14, 1970) pect bugging? Lowry, and we had him go around to talk that he told Mr. King, whom he said he never YoUNG: That was Martin's understanding· with businessmen to tell them what we were called Reverend, "If you ever say anything I don't recall which words he actually used'. going to do because they would not talk to that's a lie again, I'll brand you a liar again. HoWELL.: Chuck Morgan [Charles Morgan, any of us. We always thought it was impor­ Strange to say, he never attacked the bureau Jr., a civil rights lawyer who is now national tant to have a free flow of information be­ again for as long as he lived." What hap­ director of the American Civil Liberties tween us and the people who thought of pened at that meeting? Union) told Ovid Demaris that Kennedy themselves as our adversaries. In the Gandhi­ YouNG. DeLoach's account is essentially ac­ warned King that Hoover was tapping his Martin Luther King mode of social change curate. The Rev. Ralph Abernathy opened the phone and not to use it for anything he it was not one against another; you were meeting and did say some nice things about wanted to talk about privately. trying to bring everyone in the situation to Hoover, actually placing the FBI in the con­ YoUNG. Martin's reaction was--well, he a higher moral and spirituallev.el. text of other, Southern, law enforcement. laughed and said, "The President is afraid HowELL. Why do you think that J. Edgar That took maybe four minutes. Hoover then of Hoover himself because he wouldn't even Hoover hated Dr. King so deeply? took about 50 minutes to give us a slow run­ talk to me in his own office; he walked me YouNG. I didn't know Hoover and only met down on what the FBI was doing in the out in the garden." None of the Justice De­ him once. It's hard to do an analysis of some­ South, apologizing for not having more Black partment people would talk to me about this one's personality in an hour meeting. The agents, trying to justify it by saying he had in their own office. I'll never forget when only particular thing I can think of is that hired Aubrey Lewis, a star football player Burke Marshall [then a Justice Department he had this built-in resentment of Martin from Notre Dame. [Robert Kennedy, as At­ staff member with primary civil rights re­ over the Nobel Peace Prize. I understand he torney General, asked Hoover how many sponsibilities), from whom I was trying to was quite covetous over the Nobel prize. Black agents the FBI had. Hoover replied get more details because the President sim­ Reports we heard from Jack Anderson and that the bureau did not discriminate on the ply said there were rumors about communist others were that he reacted terribly emo­ basis of race, creed or color. Kennedy pressed, influence, wouldn't talk about this in Wash­ tionally and was really upset when he got and Hoover replied that the FBI had five, ington. I had to fly down to New Orleans the announcement that Martin had received actually chauffeurs he promoted at that and meet him in the Federal Court building. the award. We didn't find out if he himself point to agent status. Currently 103 out of We walked around in the halls. And Burke had been nominated, but it's not hard to 8000 agents are Black.] Hoover assured us never said anything about any evidence he be nominated. Hoover certainly had a lot of that a break would be forthcoming soon in had; he always quoted what the bureau said friends in Congress who would gladly have the Mississippi civil rights murders. After it had. I didn't feel this was conclusive. nominated him. that Dr. King closed the meeting, thanking They were all scared to death of the bureau· HoWELL. Most people date it to the criti­ him for seeing us. It really was an amicable they really were. ' cism of the FBI made by King during the session. HoWELL. You were involved when the in­ 1963 Albany, Ga. campaign. HoWELL. Hoover never confronted him in famous letter we now know was written by YouNG. I'm not certain of that, but I the meeting, mentioning the tapes or calling the FBI arrived which said, "King, there is believe it was about the time of the Nobel him a liar? only one thing left for you to do. You know announcement that there was also criticism YoUNG. No, he never did. It really was­ what it is. You are done. There is but one of Hoover over the three civil rights workers well, I don't like to use the words "love way out for you." who were then missing. And you will remem­ feast," but you would have thought you were YouNG. The letter came with a tape ber that some of the press were saying that watching a mutual admiration society. None wrapped in a plain brown wrapper addressed this was a plot on the part of the students of the criticism that either had for the other from somewhere down in Florida. Caretta to get attention. They didn't want to believe came forth. In fact, we were so disappointed King always insisted that people tape Mar­ the students had really been killed. We knew [at not getting] the real problems out in tin's speeches; he spoke from notes and very this was not the case and wondered why the the open that when we came back and found seldom had a manuscript--sometimes not FBI wasn't doing more. And Martin certainly the same rumors were being spread, some of even notes. She'd call ahead and have people spoke out on that. us decided we would like to have another tape his speeches. At the time he was mak­ I don't remember any harassment between meeting with Hoover without Dr. King where ing maybe half a. dozen a week; so we'd get 1961 and 1964-it was 1964 when I first be­ we could bring it up and get it out in the two or three tapes a week, at least, of his came aware of the campaign of going to open. Hoover would not meet with us, but speeches. The FBI tape got put into that newspapers, going to church leaders, and DeLoach did. stack, and I don't think we even noticed it spreading rumors .and gossip. We then confronted DeLoach with the for 90 days. Coretta catalogued the tapes We tried to track them down. We'd always whole mess-the rumors about Martin's at home, and when she found this one, she [be told] that this was coming from FBI communist connections, his sexual activity; gave it to Dr. King; only then did we find agents, but we could never get anybody to why, they were even saying he had Swiss the note in the bottom. bank accounts where money from SCLC was name the agent. That includes The Washing­ We began to realize then that this was the going to make him rich. The most malicious ton Post and The NewYork Times, who were most serious kind of intimidation we had kinds of lies, none of them ever documented so far experienced. It was not so frightening not at all helpful. [Benjamin Bradlee, editor but only to us but even to the people bring: of The Washington Post, told Ovid Demaris itself, however, because it implied that the ing the rumors back to us. We would always deadline was only 34 days away from the that Cartha (Deke) DeLoach of the FBI tried ask, "Did you see any evidence of any of to get him to listen to the tapes and hinted time of mailing, meant to coincide with his these things?" They'd say, "No, but the FBI receiving the Nobel Peace Prize, and that at some of the substance.] says it has the evidence." But I have never HoWELL. Recent testimony before the Sen­ had long since passed. yet met anyone who has seen anything that HoWELL. And you discussed the letter ate Select Committee on Intelligence sug­ would prove these rumors true. gests that Deke DeLoach was doing most of openly, feeling that it indicated suicide by HoWELL. One other meeting is very im­ Dr. King? that. Did he and others come to SCLC with portant to this history, that which took information as they did with many other place between PresideD t Kennedy and Dr. YoUNG. Yeah, and Martin said, "What does organizations? King in the White House rose garden. Do he think I am?" It seems there's a story, YoUNG. DeLoach was one of the contacts. you know what transpired there? about which I don't know very much, that But we had almost no contact initiated by Martin, upset over his grandmother's death, YouNG. Well, the way Martin told it after jumped out a window a.s a little boy. I don't them. After the attack on King by Hoover the meeting-I'm not sure of the date of this, we sat around and discussed what we should know how important · it was, how high the but it was probably between the March on window was, and he didn't bring it up then. do. In the context of a nonviolent campaign, Washington and President Kennedy's death you always confront your adversary and dis­ But it was clearly evident that the pressure in 1963-President Kennedy said good-by to and harassment would intensify. I think it cuss the situation, if possible. The only per­ the Civil Rights Leadership Council and son we knew who knew Hoover fairly well was not the letter and the tape that upset asked Martin to wait, left the office and him so much as the fact that all this was was the Rev. Archibald Carey, a Chicago walked out into the garden with him. He judge. He was a good friend of Martin's told Martin that he was getting a lot of flak after we had talked with Hoover and after father, and through him a meeting was set from Senator [James] Eastland to the effect a series of gestures on our part to try to open lines of communication with the up. After that meeting DeLoach asked if I that the whole Birmingham project and the FBI. would keep them informed of our movements March on Washington were communist­ HOWELL. You assumed that it was from and things like that. We always informed the planned and-inspired. The attack on the the FBI? Justice Department, with whom we had very pending Civil Rights Bill was going to be YoUNG. The reason we thought it was from good relationships. We basically looked upon based on [the issue ofl communist in:fiuence. the FBI was that it was mailed from Florida., 8520 EXTENSIONS OF REMARKS Jltlarch 29, 1976 and the tape was made at the Willard Hotel program, but once we got into action, the are going to be around for awhile and we've in Washington. Most of the local right-wing action was dictated by the movements of got to slow the pace down. We can't take on groups did not have that capacity. Another the people themselves. every fight," I said. "We've got to select more thing: While it was very bad quality, it Nobody could have told you three days carefully." seemed to be a compilation from several before Martin went to Birmingham jail that He would accuse me of being conservative spots but the splicing was not obvious. It he was going to jail; it never occurred to any­ and kid around about it, saying, "If it was was about three hours, much of which was one but him to write the letter from jail, left up to you, we'd never start anything. room noise. and he wouldn't have done it then if the Don't worry about it," he said. "Bevel HowELL. Did you find the tape mailed to Birmingham clergy had not criticized him. and Hosea. Williams and people like that are Dr. King conclusively embarrassing? It was such a spontaneous movement, and going to start things, and your job is to fol­ YoUNG. It's [a] tape [of] a bunch of guys decisions were made at the moment largely low up." But from the time of the Nobel sitting around together who are very good by Southern Black ministers who believed Prize and the beginning of open harassment, friends and who are kidding each other very in [a] nonviolent social change [that was] there was almost not a free moment in his intimately. It would probably be embarrass­ very strictly an outgrowth of the New Testa­ life. Selma., Watts riots' follow-up, the split ing if you played it to complete strangers. ment and Mahatma Gandhi. between the Chicago and the Meredith But it would not be embarrassing if you HoWELL. Carl Rowan, who has been right marches, Viet Nam, the Poor People's Cam­ played it, say, for their Wives or for close for years about the FBI harassment of King, paign, Memphis-! was not against any of friends. wrote recently that he is "utterly convinced it, but I felt it was disastrous pace. Martin HowELL. The FBI continues to this day to that the FBI knows a lot more about the felt Hoover was intimidating President Ken­ justify its inquiries into Dr. King's work be­ assassination of Dr. King than has ever nedy and, after him, President Johnson and cause of communist influence on SCLC. It been revealed." Caretta King and others have Robert Kennedy, and he seemed to want to has been revealed recently that the primary called for a. broad reopening of the case. show that he wasn't intimidated. He had this person fingered by the FBI is Stanley Levi­ Former Attorney General Ramsey Clark has compulsion about freedom-his own and the son, a friend and fund-raiser for Dr. King called for a blue ribbon national commission movement's. I see no evidence that the pres­ since Montgomery days. Levison has said he to investigate. What do you think ought to sure curtailed him. never was a communist. Do you think he be done? HoWELL. Arthur Murtaugh, a retired FBI was? YouNG. I think [we need] a committee that agent, told the House Intelligence Commit­ YoUNG. Courtney Evans, who was the head has the power to get into the FBI records-­ tee that he had been asked to obtain sam­ of the New York office of the FBI and the one and really it's got to be an outside committee plings of your handwriting, which he said most responsible for monitoring Stan Levi­ with internal subpoena powers, and still it's he "knew damn well was going to be used in son, said before the Senate hearings that going to be very hard. It would depend most­ an unrecorded counterintelligence operation they never found anything to indicate that ly on some of the good guys in the FBI who to destroy your chances of getting elected ..." he was a communist. [An FBI memo released were part of this but didn't realize where When did you learn of this? during the Senate hearings addressed the it was going to lead. The things we are learn­ YoUNG. I first hea.rd about that when finding by the New York office that there was ing about the CIA and the FBI now are large­ he said it. The irony of thalt is thait at the no evidence at all that a Mr. X, probably ly from people who were involved but didn't time I wa.s signing the fund a.ppea.l letters Levison, was a. communist. FBI headquarters realize the full implications of their involve­ for SCLC; so my handwrdting was going out replied: "While there may not be any direct ment. It would take a kind of John Dean on at least a 100,000 pieces of ma.ll a. month. evidence that Mr. X is a communist, neither out of the FBI to get anywhere, otherwise .... When I ran unsuccessfully for Congress in is there any evidence that he is anticom­ HoWELL. Do you agree with Rowan that 1970 (aga.inst Fletcher Thompson), a. movie munist." Orders were to continue the inves­ the FBI knows more than it's yet released? was distributed by his orga.n:ioo.tion a.causing tigation.] There was certainly never any­ YouNG. Oh, I'm sure they do. me of a mulltiitude of sins, trying especia.lly thing in his actions toward Dr. King or in HOWELL. They wanted to discredit King, to to link me to the most militant "Burn, baby, his friendship With me that would have in­ take him "off his pedestal." Is it conceivable burn" kind of stuff. I thought perhaps the dicated that he was somebody who was in that the FBI could have been involved literal­ Republioa.n Nation:a.l Committee helped them any way interested in the overthrow of the ly in his destruction? wtth that. It was a very professional job. American Government. He's what I would Now I wonder if maybe the FBI didn't have call a very brilliant, dedicated, New York Yo-uNG. I have been short of saying that. blam.d in it. lawyer who got involved with Martin in a. What I have been saying is that they created a fund-raising capacity at the time of one of the clima.te [in which] his assassination was HOWELL. We know now that the FBI did the benefits for the Montgomery Improve­ acceptable, and [in which] , among the kind not stop trying to discredit Dr. King even ment Association back in 1956. of paralegal groups they did business with on after hJls death: The Senate hearings revealed I always found Stan-and still do-a con­ a kind of contract basis, it is quite possible tha.t Hoover lobbied his Congressional friends servative force in the movement. Our ten­ that one of those groups took it upon them­ to prevent King's birthday from being a. dency was to want to push too hard too fast. selves to plan and execute Martin's assassina­ nationaJ. holida.y. Ja.mes Adams, now number He was part of a group of people in New tion-knowing that the FBI would be pleased three man at the FBI, rold the Senate com­ York-Bayard Rustin, Harry Wachtel, Clar­ with it and wouldn't give them too much mi'ttee toot maybe the letter didn't invite ence Jones, Cleveland Robinson and others­ trouble about it. (Young has said elsewhere suicide but confession repentance. Ma.rk Felt, that we would meet With every so often to that he was not especially disturbed by the a former top officlaJ. and possible good guy kind of let them know what was going on in information that the FBI might have ini­ beoause some people think he's Deep Throa.t the South and what we had planned. We tiated criticism of the SCLC group staying [the source of information for the Washing­ were operating in a. completely Southern in a white-owned Holiday Inn in Memphis ton Post's Watergate investigation], said re­ context, but to bring about change we would before moving to the black-owned Lorraine cently that the FBI activities were wrong need national reactions. We'd meet three or Motel where King was shot. The staff made but tha.t he agreed With Hoover's feelings four times a year to kick around ideas and those arrangements routinely, he said. about K.l.ng. We've heard th.alt a Norfolk City get their reactions. HowELL. A question I meant to get in Councilm-an is trying to block a proposed Sometimes they wanted to protect Martin earlier. What was the impact of the con­ memori.al to King there based on FBI reports more than we thought necessary. It was tinued pressure by the FBI on Dr. King, on thalt he woo communist-connected. They mostly SCLC people, particularly James the SCLC, on the civil rights movement l·abeled SCLC a. "Black hate group." Do you Bevel, who wanted him to come out against generally? Paul Good (long-time civil rights think tha.t the basic FBI mentality remains the war. And almost all the New York peo­ journalist] said recently that he was With the same? ple wanted him to speak out on Viet Nam Dr. King on the night he got the word about YouNG. I do! I think there is a kind of but not become a leader. the Nobel prize and that he was in the hos­ deep-seated sickness in the FBI. It came Once we got involved in the New York pital suffering from nervous exhaustion from the top, and it's going to be a. long movement, we found out what they were which, Good implied, came partly from the time purging the org·aniza.tion of that. In talking about. We didn't have the ways to harassment. ma.ny respects the FBI was more right-Wing protect ourselves that we did in the South. YouNG. Martin was the strongest person and neofascist than the CIA. The FBI seemed In the context of the giant Fifth Avenue physically I ever met. He only went to the oaught up more in emotional fanaticism. The peace parade we knew he could not make hospital when his family and doctors insisted tragedy of this whole thing, leaving aside his position clear. So after that we got John on putting him there for a checkup so he Mal'tin's death, is tha.t none of the groups Bennett and Clergy and Laymen Concerned could rest; they'd never find a thing wrong that ultimately cause violence in this society About the War in Viet Na.m to set up an op­ with him. He could go 20 hours a day in­ were really under FBI surveilla.nce at all, portunity for a formal presentation at River­ definitely. The effect I think [the harass­ none of 1ihe organized crime push which has side Church to give him the kind of platform ment] had on him was to make him compul­ created a high level of violence in our c:ities he needed to explain in detail his position sive about freedom. Just before the assas­ through na.rootics-the number of people on the war. They formed a very helpful kind sination I had a talk with him, saying, being murdered in any given city in any of reaction groups. "Look, when we started out, none of us week is greater thlan the number of people But of course it is ridiculous to suggest thought we'd live to be 40. So we didn't con­ being hurt in 10 yea.rs of civil rights actlvity. anyone outside controlled policy in SCLC. cern ourselves about our health, about the We know IlJOW that organized crime was not SCLC policy was controlled by nobody. We long haul. We thought we had a job to do and only allowed to develop, but [was] even col­ made plans, we discussed and wrote out a a few years to do it in. It now looks like we luded With and aSSisted in certa.in cases by March 29, 1976 EXTENSIONS OF REMARKS 8521, the FBI and the CIA. Their priorities and ing for Hawaii's admission to the Union. known as the Chilean Kerensky); and with understanding of what America's about are In addition, he was the sponsor of the certain idealistic local leaders of the Roman so distorted tha.t I think the country's in Catholic Church (of which I'm a mem­ Hawaiian Homes Commission Act, a law ber ... Catholic, not idealistic!). This is serious trouble now. The only reason there's designed to help save Hawaiians from any hope is because there was the civil rights similar to going to the Kremlin to study the movement which aW!akened America from becoming second -class citizens in their "Soviet situation." the McCarthy era, and not only created a own land. By his example, Kuhio showed Moffet, Miller, and Harkin refused to ex­ kind of consciousness in Blook America but the Hawaiian people that the democratic amine the warehouse containing thousands is responsible for an environmental move­ system could work for them. Perhaps of weapons and explosives (illegally im­ ment, a women's movement, a consumer more than any of his contemporaries, he ported to Ohile by the Allende government) movement, a new fervor among the Spailllish­ is responsible for converting the people which government authorities have recov­ spea.k.ing groups and consciousness of others' ered from ultra-leftwing groups To top off of Hawaii to passionate Americanism. their short-sighted, undiplomatic adven­ rights in 1960's students. Sadly, Kuhio did not live to see his HowELL. One final question: Do you think tures, our three distinguished congressmen they should take Hoover's name o1I the FBI dream of statehood for Hawaii come failed to appear for pre-arranged visits with building? true. Upon his death in 1922, against his very high-level Chilean government officials. YoUNG. Well, I'm not--! don't have any­ expressed wishes, he was accorded a Again, the U.S. slaps Chile in the face. thing against Hoover. Maybe in his younger royal funeral. He was honored not only Whereas I can fully understand the lack of years he was a good guy who did a good job. because he was the last titular prince of culture, education, and diplomacy which One of the lessons we perhaps ought to learn his line, but also because he was truly these congressmen demonstrated, it per­ out of this is that it would be important to plexes the Ohilean ... "those are your law­ "Ke Alii Makaainana"-''A Prince of makers?" have an FBI director with a five-or seven-year the People." term. I'm more interested in changing the Please build support for Chile. Kennedy, organization than I am the name on the Moffet, Miller, Harkin, et. al may be experts building. It might be good to keep his name in accumulating votes through deceit but on the building to remind us how close he they are not experts on Chile. Chile must be came to leading us into a po1ice state. The SITUATION IN CHILE projected as it is: A developing country that Nixon-Hoover combination came close to de­ is characterized by liberty and justice ... a stroying whiSit we know of democraltic society. country that is unified in attempting to re­ HON. SAM STEIGER cuperate from a disastrous experiment in Marxist economics ... a country that OF ARIZONA begged the armed forces to act B~gainst Al­ IN THE HOUSE OF REPRESENTATIVES lende ... a nation of people that respect HAWAII OBSERVES KUHIO DAY IN Monday, March 29, 1976 and recognize the need for the current gov­ HONOR OF THE PRINCE OF THE ernment . . and a nation that wants the PEOPLE Mr. STEIGER of Arizona. Mr. Speak­ United States of America as its friend. er, we are all concerned about the cur­ Sincerely, rent situation in Chile. I feel that the JERRY GREENE. HON. SPARK M. MATSUNAGA following letter written by Jerry Greene, OF HAWAII a native of Arizona who has lived in IN THE HOUSE OF REPRESENTATIVES Chile for 9 years, presents a strong ar­ gument in favor of U.S. aid to that coun­ LOCKHEED'S SUGAR Monday, March 29, 1976 try. Mr. MATSUNAGA. Mr. Speaker, Fri­ The letter follows: HON. WILLIAM L. HUNGATE MARCH 17, 1976. day, March 26, marked the 104th an­ OF MISSOURI niversary of the birth of Hawaiian Prince Hon. SAM STEIGER, Jonah Kuhio Kalanianaole. A champion House of Representatives, IN THE HOUSE OF REPRESENTATIVES Washington, D.C. Monday, March 29, 1976 of democracy and one of the principal DEAR Sm: Allow me the pomposity of in­ proponents of Hawaiian statehood, troducing myself: I'm Jerry Greene; a native Mr. HUNGATE. Mr. Speaker, once Prince Kuhio is affectionately recalled as of Scottsdale; 1965 Graduate of Arizona State again, Punch has touched a nerve in the the "Prince of the People" in Hawaii. University; 1966 Graduate of Thunderbird problems that affect our mutual efforts Born on Kauai, not far from my own Graduate School of International Manage­ to sell aircraft and the costs experienced birthplace, Kuhio was a direct descend­ ment; and a 9-year resident in Latin Amer­ ica. I presently manage the Chilean sub­ in doing business. Perhaps my colleagues ent of the last independent ruler of that will be interested in the following article: island. He was created a prince of the sidiary of a U.S.-based company. My energy is normally dedicated to man­ (From Punch (magazine) Feb. 18, 1976] realm by his uncle, King Kalakaua. Ed­ agerial tasks ... not easy in an economy that ucated in the United States and at the LOCKHEED'S SUGAR was destroyed by three years of Marxist gov­ (By William Davis) Royal Agricultural College in Great ernment. My daily responsibillties have been Britain, Kuhio's early career was undis­ set aside for a few moments and my present So now we know where the Concorde sales­ tinguished. Forced to cut short his desire is to state some facts and thoughts men went wrong. Instead of spending £1,000 studies because of ill health, he returned regarding U.S.-Chile relations. million on developing the plane the French Senator Kennedy has done his best to and British should have made do with £97 to Hawaii and became a minor official in million and left £30 million over for bribes. the monarchy. In 1893, when a non­ deny U.S. Military aid to Chile. I understand that his efforts were successful in the Senate Imagine the disappointment among some native element brought revolution to the but that similar legislation was recently de­ of Concorde's potential customers, at the islands, Kuhio sided with his cousin, feated in the House. Regardless of the legis­ end of the demonstration fi1ght. "Yes, yes, Queen Lilioukalani. He was subsequently lative results, Kennedy has confused and very nice. Most impressive. Great British/ arrested and imprisoned for 3 years. alienated the Chileans. It is difficult to un­ French technological breakthrough and all It is the story of Kuhio's "comeback" derstand why a U.S. "leader" openly opposes that. But where's the money?" which so inspires the people of Hawaii aid to a country that wishes to be a friend I don't suppose !or one moment that the ... a country that has recently experimented question was even asked. We and the French today. Returning from a lengthy tour of have a reputation for being rather old­ the world after his release from prison, with and then, by popular demand, over­ thrown a Marxist government. This causes fashioned about these things: we still cling he entered politics and, in 1902, became one to wonder whether Kennedy is a victim to the view that, if cheques are to be handed a member of the Republican Party. He or part o! the international communist con­ over, they should be signed by the buyer won the party's nomination for ter­ spiracy against Chile. and not the seller. Lockheed's executives, ritorial delegate to the U.S. Congress. Congressmen Moffet of Conn., Miller of by their own admission, take a more modern Victorious in his first election, he was Cal., and Harkin of Iowa recently made a view. And they seem to have been remark­ reelected 10 times, serving until his death very short visit (two days, I believe) to ably successful in selling planes. Santiago. These gentlemen must be ex­ Not, o! course, that American companies in 1922. use ugly words like "bribe". They prefer to A popular, hardworking delegate, tremely intelligent individuals. A few hours in Chile and they are prepared to offer press talk about gifts, commissions and agents' Kuhio won the respect and admiration conferences in the United States regarding fees. (Lockheed executives used an even more of his colleagues, indeed, of all with the "Chilean situation" and reportedly are cosy label: "sugar".) Help them sell their whom he came in contact. He was noted planning to sponsor new anti-Ohile legisla­ product and you get a commission or fee. particularly for his efforts in behalf of tion. The congressmen soent their time with Nothing wrong with that--as long as it is the Hawaiian people. In 1919, he intro­ common criminals; with recognized Marx­ done openly and doesn't involve pubUc om­ duced the first of a series of bills provid- ists; with ex-President Frei (commonly cials. 8522 EXTENSIONS OF REMARKS March 2·9, 1976 As it happens, I had lunch with the chair­ to those gold fish knives the Sheik of Kuwait THE TAINO INDIANS man of Lockheed in Washington just a few gave me yesterday?" The guardian of public weeks ago. If he had offered me money to morals looks surpriEed. "Minister," he says, use my influence that would have been per­ "you couldn't possibly keep them." In short, HON. CHARLES B. RANGEL fectly all right. And I should certainly have the decision has been made and you'd better agreed to help out. But somehow, he ne­ keep quiet about it. OF NEW YORK glected to do so, and I forgot to ask him Under British Law, almost anything worth IN THE HOUSE OF REPRESENTATIVES if he'd brought his cheque-book. Life is full having is Ulegal. The 1906 Prevention of Cor­ Monday, March 29, 1976 of missed opportunities like that. He did ruption Act makes it an offence to give or pay for the lunch, though. I doubt if even receive "any gift or consideration as an in­ Mr RANGEL. Mr. Speaker, in this Bi­ the most scandal-hungry gossip columnist ducement or reward" in industry or com­ centennial Year it is important to draw wm be able to make something out of that, merce; the 1889 Public Bodies Corrupt Prac­ attention to those parts of America's his­ but you never know. tices Act makes it an offense corruptly to tory that through misrepresentation or The Lockheed chairman spent most of the receive or give "any gift, loan, fee, reward purposeful oversight have not yet re­ lunch talking about his financial problems. or advantage whatsoever as an inducement ceived their proper recognition. Or, rather, his company's problems. "The or reward" in local Government; ancient airplane business," he said, "is a great busi­ Common Law makes it an offence to bribe One people we know little about is the ness and an exciting business. If only it a policeman, magistrate, judge or any other Taino Indians, who lived in the time of were a business we could make some money public official. Christopher Columbus on the Island of in, it would be perfect." Strictly speaking, then, you are in trouble Boriquen, which we now know as Puerto Well, I suppose one could say that if he if you accept a bottle of Scotch from a busi­ Rico. keeps handing out gifts, fees and commis­ ness contact at Christmas time--or, presum­ I would like to bring to my colleagues sions-as alleged at the Washington hear­ ably, if as a local authority official you accept attention a book in the workings by ings-he has only himself to blame if there's an MBE from Harold Wilson. (An honour, Messrs. Prempeh and Taracido on the no profit left at the end of it. But that after all, is reckoned to be just as much a would be unfair. Developing planes has al­ "reward or advantage" as a cheque.) Taino Indians, a people whose history ways been ·an expensive business and, in­ thus far has been written by the Spanish If John Stonehouse is to be believed, evitably, involves a great deal of risk. Ask though, the Government itself is not above Conquistadores, who destroyed this free the people who built Concorde with the tax­ breaking the corruption laws. It has, he and noble people. payers' cash. Lockheed took the view that claimed last week, given "CIA-style secret Mr. Speaker, I would like to share with the end justifled the means: if payola could donations" to foreign political parties. I have my colleagues a description of the books secure the sales needed to get a return on no means of knowing whether that is true or their investment then it was cheap at the purpose by its authors: not, but I can guess at Whitehall's reply: TAINO INDIANS price. it's all right to bribe people as long as you The Washington disclosures rule out any are doing it for your country. (The police Many of the finest ancient artifacts left further activities of this kind and the would give you a similar answer if you asked by the Talno Indians lie under The Vieques world-wide publicity has already affected about secret bribes to informers.) I shall Airport in Puerto Rico. Most of the Taino sales. Congress has been told that Lockheed leave you to decide whether bribing people to Indian remains of their every day lives, have may be unable to repay vital federally­ boost exports as Lockheed is alleged to have been utterly destroyed by bulldozers prepar­ guaranteed bank loans. That should make done, comes into the same category. ing sites for housing and industrial p¥ Jjects the critics happy. in Puerto Rico. "In certain parts of the world," The Times It is easy to condemn the whole interna­ Petroglyphs, the rock carvings pa, ..u.stak­ noted the other day, "the businessman is tional arms trade, which is at the heart of ingly etched into boulders centuries before faced with a simple choice. Either he allows this affair, and even easier to attack the any Europeans put foot in New York have a bribe to be paid, or he does not get the generals and public officials who are alleged been ruthlessly ripped from the earth and business. . . . There is some evidence that to have been fed with Lockheed's "sugar". sold by unscrupulous vendors to private col­ the excessive fastidiousness on the part of Nothing could excuse the conduct of corrupt lectors. military officers in Columbia who deliberately British businessmen and governments, in It is only a question of time before thesE~ the face of other European competitors, is falsified their government's national defence Puerto Rican National Treasures are lost to having the effect of losing contracts." estimates to favour an otherwise unjustifled the public forever. Oh, how marvelous it is to be British. We purchase of Lockheed equipm~nt--a decep­ The Taino Indians were in control of the may be broke, but at least we know how to tion perpetrated with the full knowledge of Island called Boriquen, when Christopher behave. Or perhaps it's just that we are company executives. But there is no point in Columbus happened to come across them. more discreet about it: parliament isn't anticipating the findings of the investigative They were people of color, and lived in a very nearly as inquisitive as Congress. committees now set up by Government in well organized society; after the conquest Our scandals tend to be more concerned Italy, Holland, Japan, Sweden, Turkey and they suffered from discrimination, disease, with sex than money. There are occasional Colombia. That Lockheed paid out money is poverty, malnutrition and eventual outright lapses, to be sure, but they involve paltry admitted; that people like Prince Bernhard extermlnation. sums. The biggest fuss in recent years has took it, for their personal use, and were in­ However, the Taino Indian still lives in the been over a couple of hundred pounds. And, strumental in getting their Governments to children that the Taino Indian women were oh, a Silver Coffee Pot. buy aircraft in return has yet to be proved. forced to bear from the Spanish Conquista­ Of course you remember the coffee pot. Let me tell you another true story. A week dores. History thus far has been written by The newspapers got very excited about it or two after that lunch in Washington I was the victors, who saw fit to completely destroy three years ago. John Poulson had given sitting in Prince Bernhard's study at the a noble race of men and enslave their women; Tony Crosland a silver coffee pot back in Soestdijk Palace in Amsterdam. ( Oh yes, the they have given us a Biased view of the Taino 1966 and the Minister had written him a lad gets around.) We talked about money­ Indian as a lazy, yet savage, primitive people. very nice thank you note. Sinister? The The Taino Indians were a free and noble press certainly thought so. Mr. Crosland not the Prince's money but the very con­ people, proud and peaceful. They understood behaved as if he'd been caught with a kilo siderable amounts he has raised over the agriculture, and many of the techniques they of heroin. "All I want to do," he told re­ years, for the World Wildlife Fund, of which utilized are presently being used in Puerto port ers, "is to get rid of the bloody thing." he is the President. (A fact which, for some Rico. The names of major towns, and objects The episode mystifled our friends abroad: reason, most stories on the Lockheed allega­ used everyday in households, not to mention how could anyone believe that Ministers tions have omitted to mention.) He has col­ daily foods are indian. It is important for the could be bought with such a trivial gift? In lected countless cheques from Governments, children of Puerto Rico, the young men and Italy, it is the kind of present which parents corporations and individuals and there is no women to rediscover their ancient heritage give teachers to make sure their children pass evidence that any of that cash ever went and it is equally important for Puerto Ricans the Italian equivalent of our "0" level into his own pocket. Indeed, a few years ago living in New York, New Jersey, Connecticut exams. In France you spend that sort of Prinr:e Bernhard was instrumental in pre­ and elsewhere, as well as non-Puerto Ricans, money on town councillors and policemen. venting a scandal which, had it become pub­ to understand and appreciate what the In America ... but we have already covered lic, would have made every front page. As Talnos were like so that we can all take that. The "excessive fastidiousness" has President of the Fund he presented a. large pride in the dignity of their ancient way of been known to irritate other Ministers. life and the art objects which they created. Foreign Govern ments like to present visitors cheque to Kenyatta who promptly put in History cannot be taught through words with some k ind of gift and in most coun­ his own bank account. The Prince threatened alone, pictures are essential to make the tries they would be allowed to keep it. British him with public exposure and the Old Man Taino world come alive; merely collecting ob­ Ministers, however, are liable to find that agreed to hand the money back. jects for museums is not enough, it is not some civil service aide has spirited it away. No, I didn't offer Prince Bernhard any practical to remove all the rock carvings to "Oh, by the way," the Minister will casually "sugar". And yes, I think he should be given museums because space is generally always ask the following morning, "what happened the benefit of the doubt. limited. March 29, 1976 EXTENSIONS OF REMARKS 8523 Our intention is to create a book that will This story actually ends only with the ABE'RDEEN CITY 1976 BUDGET ALLOCATION capture these traces of their civilization for first act. Many scenes are yet to follow. FUND Appropriati~n posterity and allow us to see the images of I urge my colleagues to join with me in General fund ------$3, 458, 545. 00 the Taino in the world in which they lived. making this possible through extension Alrportl______459,153.00 The photographs will be a record of the arti­ of this program. Alcohol and drug abuse facts and petroglyphs which still exist and 26,000.00 what remains of the landscape that existed Mr. Speaker, I would like to include in control ------'- the REcoRD a listing of Federal reve­ City employees pension ______9,206.00 then-while many of the artifacts are simple, Fireman's pension ------­ 55,000.00 the concept that lies behind them was monu­ nue sharing expenditures made in Aber­ Fire department bulldlng and mental. deen, S. Dak., which indicate how the equipment ------­ 290,000.00 To discover the Taino world is to uncover program is working. Also included are 90,207.00 hidden treasures both material and spiritual Forestry ------­ budgets for the city, county, and school Library------189,550.00 which have great merit. district: Municipal band ______7,500.00 We intend to do our book soon because Parks and recreation ______606,385.00 these traces will eventually be lost in the FEDERAL REVENUE SHARING Snow removal ------181,630.00 rapidly expanding urbanization of Puerto First funds received December 29, 1972. Sinking and Interest: · Rico. The images which we intend to pre­ First expenditures made in 1973. (Note the 33,768.00 Breakdown showing Public Works projects 1958 water bond "C" ------serve 'in this book will represent an im­ 1958 water bond "D" ------84,100.00 portant legacy too valuable to be ignored, completed were from Sales Tax and Federal 1965 sanitary sewer ______29,150.00 much too urgent to be denied by anyone, Revenue receipts. Amount budgeted for each because they are the remaining signs, the item indicated in parentheses for that item. Total 5,520,194.00 traces, that remain on the ancient and honor­ 1973 EXPENDITURES able Island of Boriquen. 1 Includes $. 5,693 State aid, $30,460 Fed­ Administrative additional help The Tainos were a people too vital to be eral aid. and other ($10,000)------$5.295.65 forgotten and hidden from the world; their Firemen at airport ($70,000) ____ 60,207.35 1975-76 ABERDEEN SCHOOL DISTRICT BUDGET world still lives, it lives and breaths; it Municipal building repairs Administration ------$121, 947. 00 reaches out from the obscurity of centuries­ ($40,000) ------39,679.28 Instruction ------4, 404, 986. 00 it screams out in the face of history not to be Health services______28, 024. 00 forgotten. Senior Citizens Center repairs- entrance and heating ($5,000) _ 2, 544.86 Operation of plant______558, 000. 00 Wylie Park remodeling or re- Maintenance of plant______275,500.00 pairs ($5,000) ------Fixed charges______591,523.00 A REVENUE SHARING SUCCESS Parking lots ($25,000) ------7, 493. 64 Food services______14, 350. 00 Street repair and improvements, STORY Net current ______5,994,330.00 storm and sanitary sewer, water system improvements Transportation______246,017.00 HON. JAMES ABDNOR ($545,031.00) : Water------135,844.90 Total general and special edu- OF SOUTH DAKOTA Street ------204, 754. 21 cation fund expenditures__ 6, 240,347.00 IN THE HOUSE OF REPRESENTATIVES Railroad Crossing______20, 324. 75 Student body transfer______13, 600. 00 Storm ------113,561.47 Monday, March 29, 1976 Tuition ------15, 000. 00 Mr. ABDNOR. Mr. Speaker, I would 474,485.33 like to share with you a success story: a Total------6,268,947.00 Total1973 expenditures ___ 589, 706. 11 success story made possible by this body; CAPITAL OUTLAY a success story made possible through 19 7 4 EXPENDITURES Sites ------35,000.00 Federal revenue sharing. Buildings ------­ 515,000.00 Tenth Avenue Bridge ($50,000) __ 55, 790.58 100,000.00 The plot for the story is neither new Municipal Hall remodel-phase Equipment ------Bond redemption ______286,387.00 nor different. Aberdeen, S. Dak., is a 5 and 6 ($63,000) ------66, 696. 26 community of 29,000, third largest city in Street ($135,000)------156,421.43 the State. Like many medium-sized Water supply line and tank Total ------7,205,334.00 towns in this country, Aberdeen needs ($280,000) ------248,065.20 exceeded resources. Revenue sharing at 1975-1976 FUTURE PROJECTS first seemed to be but another Govern­ Total ------526,973.47 (a) Vocational remodeling___ 150,000. 00 (b) Lincoln elementary_____ 365, 000. 00 ment program for distant cities. Pleas­ (c) Vocational schooL______50,000.00 antly, those dismal expectations were 19 7 5 EXPENDITURE Dakota Street Lift & Sewer ($415,000): (d) Operation and mainte- never realized, and revenue sharing be­ nance------15,000. 00 came a reality for the city. Expended ------14.2, 648. 99 Encumbered ------272, 351. 01 (e) Instructio~------35,000.00 In the first year Aberdeen was able to Total valuation, $91,425,288. locate firefighting services at the mu­ 415,000.00 nicipal airport. The Senior Citizens Cen­ BROWN COUNTY 1975 BURGET ALLOCATIONS ter got a new furnace. Long-overdue re­ Streets ($5,500)------5,463. 00 FUND pairs were made to the municipal build­ Health Department ($5,000) ____ 5, 000. 00 Adjustment Training Center General (salaries)------$1,308,737.00 ing, and nearly half a million dollars Road and bridge ______875,000.00 worth of street repairs and improve­ ($2,500) ------5,000.00 Snow removaL ______60,000.00 ments in the sanitation system were Highway and bridge restora- Total 1975 Expenditures __ 427,963.00 150,000.00 made. Caretion of ------poor ______These past years, revenue sharing has 225,000.00 been used, not for the luxuries of city 1976 BUDGET Mentally handicapped ______105,000.00 Northwest relief sewer ______346,336 Mental Health Center ______68,150.00 life but for necessities; street and bridge­ Fourth Street force main ______101,000 Weed controL ______12,000.00 work repair, new water system and ex­ Streets-Dakota Street, parking, Fire protectio~------9,000.00 tension, subsidies for the health depart­ et cetera ______150,000 County fair and recreation __ _ 32,000.00 ment, and improved sanitation facili­ Building at disposal plant ______15,000 Senior citizens ______12,500.00 ties. The proposed budget for 1976 in­ Three warning sirens ______10, 000 County library ______31,950.00 cludes day care center subsidies and aid Health department______5,000 Historical society ______44,100.00 for the Boys Club, senior citizens pro­ Adjust. Training Center ______2,500 Recreational and Industrial Area BicentenniaL ______1,000 21,750.00 grams and parking improvements. The Civildevelopment defense ______------_ YWCA-Day Care Center ______4,000 11,397.00 list goes on and on. Intervention Center ______6,500 Oahe conservancy ______18,500.00 This is a success story. But more im­ Nypum program ______5,000 S. Brown conservation dis- portant it is also a true story. Senior Center ______5,000 trict ------­ 2,000.00 Federal revenue sharing has meant Boy's Club ______4,000 Courthouse and jail imple- critical assistance to citizens of Aberdeen ments ------110,000.00 to take care of essential needs. Total 1976 budget ______655,446 Brown marshalL ______3,000.00 8524 EXTENSIONS OF REMARKS March 29, 1976

N.Y.P.U.~ 12,180.00 become effective when the Commonwealth River or its tributaries, for use outside of ~achinery ------75,000.00 of Pennsylvania shall, prior to July first, one the Delaware River watershed, without any Solid waste______390, 000. 00 thousand nine hundred and fifty-five, by requirement of compensating releases on the Referal center______30,000.00 statute, accept the terms and conditions of part of the State of New Jersey.'' YWCA Day Care Center______17, 000. 00 this act ... ". Pennsylvania's Final Brief, ~ay 1954 (at ------On June 30, 1955, in reliance on N.J. Act 44-45): "New Jersey's Act was passed as a Total------3,624,264.00 1953-343, and Supreme Court Decree Sec­ result of Pennsylvania's agreement not to tion V.A., Pennsylvania approved Act. No. 69, oppose New Jersey's application for the di­ TOTAL SOURCES OF RE\TENUE adopting all N.J. Act 1953-443 conditions, version of 100 m.g.d. as above set forth. The COUNTY, CITY, SCHOOL and authorizing Pennsylvania to build Wall­ New Jersey Act was passed and was approved by Governor Driscoll on December 30, 1953." Total tax levy ______$10,744, 153.00 pack Bend Dam and Reservoir. As designed for construction, Wallpack And, Federal revenue sharing____ 962, 516. 00 "Pennsylvania also wishes to make it clear Unexpended balances______1,911,816.00 Bend Dam, seven Iniles above Tocks Island, is 1,850 feet long from shore to shore. Its that it does not concede that New Jersey has Sales tax and miscellaneous Reservoir Lake, elevation 420, is 26 miles long, any historical or prescriptive right to divert revenue ------1,507,062.00 extending up to Port Jervis, with 372,000 any water from the Delaware River water­ Federal aid ______250,000.00 State aid ______acre-feet storage, 93-200 inactive, 270,000 ac­ shed into another watershed.3 689,570.00 tive. It serves water supply, flood control, hy­ New York, New York City Final "Supple­ Other revenue ______467,000.00 droelectric power, and lake recreation. In­ mental ~emorandum", April 1954 (at 14) : cluding fish passage facilities and power "To that [ 100 mgd uncompensated main­ Total ------16,532,117.00 penstocks, but not specific power facilities stem] diversion by New Jersey, Delaware and operated by private industry, its cost at Aug­ Pennsylvania have not objected. The New ust 1955 price levels is $70.5 mlllion. The Res­ Jersey statute opened the way for the lower ervoir's "scenic beauty" provides "ideal rec­ basin to obtain a substantial amount of wa­ CONTROVERSY OVER TOCKS IS­ reation.'' ter for the water supply purposes of the LAND DAM PROJECT Following further bearings, in April 1956 greater Philadelphia area.'' Pennsylvania with its own funds commenced Special ~aster, Final Decree Recommenda­ land acquisition in Pennsylvania for Wall­ tion, ~ay 27, 1954 (at 108): "The amended HON. ROBERT W. EDGAR pack Bend Dam and Reservoir. decree also ... permits the diversion by New Jersey of 100 m.g.d. without compensat­ OF PENNSYLVANIA The New Jersey and Pennsylvania final briefs in this Supreme Court litigation, and ing releases upon the conditions which were IN THE HOUSE OF REPRESENTATIVES the Report of the Special ~aster, explain negotiated between New Jersey and Penn­ Monday, March 29, 1976 why the Decree expressly makes N.J.'s 100 sylvania." And mgd trans-basin withdrawal subject to con­ U.S. Supreme Court Decree of 1954 (347 Mr. EDGAR. Mr. Speaker, as debate struction of a Delaware mainstem storage U.S. at 1001): The "Specified Condition" "De­ over the controversial Tocks Island Dam dam and reservoir for in-basin protection. cree Section V.A. at page 1 herein), is that as Project continues, I believe that it is im­ At the outset of this litigation, Pennsyl­ condition of New Jersey diverting from the portant that differing viewPoints on the vania and New Jersey both objected to mainstem or its tributaries for trans-basin issue receive a wide audience. The Dela­ N.Y.'s proposed formula in its original 1952 use up to 100 mgd without compensation, petition, under which N.Y. would make cer­ New Jersey shall permit and support con­ ware Valley Council has prepared a de­ tain additional releases for the mainstem to struction of a mainstem conservation im­ tailed research memorandum on the compensate for N.Y.'s proposed additional poundment as Wallpack Bend, above Tacks water resource potential of the Delaware trans-basin withdrawals from the Delaware. Island, to serve Pennsylvania in-basin needs. River Basin. I would like to submit the After months of negotiations in 1952 between This Final Decree, entered June 7, 1954, is a report for the RECORD: N.Y. and N.J., only, early 1953 they reported unanimous consent Decree, consented to by RESEARCH ON THE DELAWARE the so-called ~ontaque formula, plus their New Jersey particularly, and New York as ~EMORANDUM well. Each accepted this "special condition"­ RIVER BASIN special, separate New Jersey-New York: "agreement [that] eliminates the possibility to protect Pennsylvania's in-basin needs I. THE SUPREME COURT DELAWARE RIVER DECREE of either New York City or New York State downstream from those States' withdrawals PROVIDES NEW JERSEY SHALL SUPPORT CON­ offering any objections to diversion of water upstream-as a reciprocal condition of their STRUCTION OF A DELAWARE MAINSTREAM from the Delaware below ~ontaque by the depletive diversions of the Delaware main­ STORAGE IMPOUNDMENT, AS THE "SPECIFIED State of New Jersey" (N.J. Exhibit No.1, N .J. stem. All required congressional consent was CONDITION" OF NEW JERSEY TRANS-BASIN . v. N.Y., supra.) granted. WITHDRAWAL OF UP TO 100 MGD FROM THE After studying it, Pennsylvania opposed it. In 1961 the St-ates by contract further DELAWARE WITHOUT COMPENSATING RELEASES La.ter Pennsylvania consented to N.J. also unanimously agreed these Decree conditions BACK TO THE RIVER diverting this 100 mgd out of the Basin, shall endure unaltered for 100 years (PL 87- Section V.A. of the Supreme Court Decree without compensating releases to the River, 328, Delaware River Compact). of 1954 authorizes New Jersey to divert from if-to enable the River to meet Pennsyl­ New Jersey now is withdrawing one half of the Delaware River, without compensating vania's growing in-basin needs-N.J. enacts this 100 mgd and, noted later, is making con­ releases back to the River, for use "outside legislation to enable Pennsylvania to build struction plans to withdraw the remainder. the Delaware River watershed", not more a storage dam and reservoir across this inter­ U. WITH NEW JERSEY CONSENT, AND PENNSYL- than '"100 m.g.d., if" New Jersey: does not state boundary stream at Wallpack Bend, VANIA CHANGE OF UNRECOVERABLE POSITION repeal N.J. Act 1953-443 before July 1955 occupying New Jersey (as well as Pennsyl­ BASED THEREON, CONGRESS DIRECTED CON­ (authorizing Pennsylvania to occupy New vania) land to be condemned by New Jersey. STRUCTION OF MAINSTEM STORAGE IMPOUND­ Jersey land for a large mainstem water stor­ N.J. agreed, and in May 1953 undertook to MENT AT TOCKS ISLAND IN LIEU OF WALLPACK age dam and reservoir across the Delaware have such legislation enacted. As Pennsyl­ BEND at Wallpack Bend, sbortly upstream of Tacks vania's position on this N.J. diversion de­ Shortly after Pennsylvania's enactment Island), and after Pennsylvania accepts this pended on enactment or non-enactment of N.J. Act conditions, New Jersey joins Penn­ June 30, 1955 of Act No. 69, the Delaware this N.J. legislation, the proceedings were River flooded disastrously (Presidential Dis­ sylvania in seeking congressional consent for then postponed. The N.J. legislation was en­ such interstate impoundment.l aster Declarations, August 20, 22, 1955). acted December 30, 1953 (N.J. Exhibit No. At the Delaware Basin States' request, New Jersey did not repeal Act 1953-443. 15) and the proceedings resumed February Congress promptly ordered a comprehensive At Sec. 1 it reads: "Subject to the provisions 19, 1954. survey of the Basin for flood control, water of this act, authority [by New Jersey] is giv­ Concluding, shortly thereafter: New Jersey supply, and other purposes. In addition, at en tc the Commonwealth of Pennsylvania or, Final Brief, April 1954 (at 14-15): "By the these States' request Congress on February through it, to any commission or other pub­ passage of Laws of 1953, chapter 443, by its 26, 1956 ordered a determination made of lic body or municipality singly or collectively legislature in November and December of "the feasibility of construction and opera­ designated by the Legislature of said Com­ 1953, the State of New Jersey bas removed tion of a reservoir on the ~ain Stem of the monwealth to construct and maintain astor­ all legal barriers to enable the construction Delaware River above Delaware Water Gap age dam across the Delaware river at or near and maintenance by the Commonwealth of near Wallpack Bend or Tacks Island." the area known as Wallpack Bend, but above Pennsylvania, of a dam and reservoir across On February 6, 1957 the Corps reported to the confluence with Flatbrook, and includ­ the Delaware River at Wallpack Bend for the Pennsylvania's Governor that "Tocks Island tng the works and appurtenances of said dam storage of river waters." And, dam site has a number of advantages over and to maintain the reservoir above said dam "In consideration of the enactment of this the Wallpack Bend" Project, including: for the purpose of impounding the waters legislation by the State of New Jersey, the Tacks Island has greater effective storage of said river . .. ". Commonwealth of Pennsylvania has recog­ for Basin floor control, water supply and And at Section 19 that: "This act shall nized the claim of New Jersey to withdraw other known water resource requirements. one hundred million gallons of water daily This greater storage is "an asset of great Footnotes at end of article. on an annual average from the Delaware value in this highly developed valley". March 29, 1976 EXTENSIONS OF REMARKS 8525 Its cost per acre foot is only half as much ject the Supreme Court precondition of replacement baseload thermal electric pow­ as Wallpack. doing so, that impoundment distinction is er plants require cooling water supplied by Tocks provides "enhanced recreational op­ not meaningful. Tacks impoundment and assured firm mainstem flow, assured by the portunities" over Wallpack. recreation a~a. advanced on New Jersey con­ mainstem impoundment. Absent this, their Subsequently, following completion of the sent and knowledge, and Pennsylvania reli­ construction now is prohibited, unless they comprehensive survey, hearings on it around ance thereon, to the present ( 1) replaced commit to reduce output, or are able to fi­ the Basin States, and in Washington, and Wallpack legally and otherwise, (2) makes nance and construct separate reservoirs to on the unanimous consent and approval of Wallpack impossible now. Having thus acted supply cooling water for operation during the State of New Jersey and other Basin intentionally to preclude mainstem im­ mainstem seasonal and other low flow pe­ States, Congress in October 1962 directed poundment, whose support the Decree makes riods. construction of the mainstem impoundment the precondition of New Jersey trans-basin (4) Pennsylvania in-basin increased do­ at Tocks Island, L 87-874. Senator Case (NJ) diversion, New Jersey cannot make that mestic, municipal and other demands re­ urged Tocks Island's "immediate authoriza­ trans-basin diversion. quire additional firm supplies of water of tion" for its needed: "flood control, water To attempt to do so is (ignoring ethics,) acceptable quality at reasonable cost, as­ reserves, hydroelectric power, recreational to attempt to repudiate New Jersey's own sured by the mainstem impoundment. Absent facilities, navigation and a variety of other enacted sovereign undertaking not to do so, this, Pennsylvania in-basin supplies now are benefits of incalculable long range impor­ and the express language-and the evident faced with increased mainstem water proc­ tance to the development of the Delaware legal equities--of the U.S. Supreme Court essing costs, including desalination, for its River Valley and the welfare of its people." Decree prohibiting it from doing so. It is seasonal and other low flow periods. (Senate Hearings on Rivers and Harbors-­ also to attempt to subordinate Pennsylvania Pennsylvania in-basin's increased water Flood Control, Part I, page 379 (August in-basin needs, to New Jersey trans-basin needs are legally fundamental to its citi­ 1962)). convenience. zens' welfare, They can be met: Thus, on N.J. (and other States') consent, and P A. reliance thereon, this unanimously As for Pennsylvania's growing in-basin From the mainstem impoundment, that agreed replacement of Wallpack technically needs for the mainstem: New Jersey must support as the condition and in actual fact precludes Wallpack. And (A). Pennsylvania's final brief to the Su­ of continuing to divert up to 100 mpd of now the land in New Jersey (and Pennsyl­ preme Court, May 1954: "The keynote of mainstem flow trans-basin, Or, for a while, vania) required for Wallpack is owned by the Pennsylvania's position ... [in this Decree From the 65 mpd increase in mainstem U.S.A. litigation] was sounded, and the fundamen­ flow on suspension of New Jersey's existing This unanimously agreed replacement of tal purpose and nature of the Pennsylvania trans-basin withdrawal thereof, on obstruc­ Wallpack fulfills the mainstem impound­ proofs were revealed, in the testimony of tion of the mainstem impoundment. ment condition, required by Decree Section Consulting Engineer Greeley • • • The existing lack of assured firm main­ V.A. for New Jersey's trans-basin withdrawal "Greeley testified that probably [by 1968,] stem flow now increases consumer and other of up to 100 mgd from the mainstem. This eight to ten years before the critical year of costs of Pennsylvania in-basin citizens.e 1978, when the net available quantity of unanimously agreed replacement of Wall­ CONCLUSION river water would be insufiicient to supply pack (i.e., the allocable part of Tocks con­ Accordingly, to protect its in-basin citi­ servation storage repayable by New Jersey the water needs of the Pennsylvania and lower New Jersey inhabitants of the basin, zens• welfare, in these premises Pennsyl­ consumers in the future, at only 3%,% in­ vania: terest,) also provides mainstem storage for it would be necessary to reconsider the river problem, including the proposed total diver­ May request New Jersey ofiicially to sup­ those "compensating releases" New Jersey, by port construction of the mainstem impound­ Decree Section V.B. footnoted at page 1 here, sion by New York and New Jersey," at 64-65. (As noted, page 4 here, this Pennsylvania ment now, or to suspend trans-basin with­ must finance to make its needed future addi­ drawals from the mainstem. tional trans-basin withdrawals from the forecast assumed the Decree condition pre­ scribing mainstem impoundment for Penn­ If New Jersey declines to support such Delaware River system. construction now and to suspend trans-basin To date, Congress and the Executive sylvania in-basin protection against those withdrawals, may exercise its right (spe­ Branch have already spent well over $100 New York, New Jersey trans-basin diversions cl:fically preserved by PA-NJ contract, Decree million of public funds for this mainstem upstream.) Sees. V.A. and X, and Compact Sec. 3.4,} conservation impoundment, and its sur­ (B). Delaware Basin drought disaster, to obtain from the US Supreme Court relief rounding land recreation area. Nearly $60 Presidential declaration, August 1965, in­ against continued New Jersey trans-basin million is for its dam and lake. cluding New York's suspension of its upper withdrawals from the malnstem. Delaware Basin reservoir releases to the This existing Pennsylvania in-basin right, III. NEW JERSEY OBSTRUCTION OF MAINSTEM IM­ mainstem, needed in-basin downstream, re­ POUNDMENT REQUIRES SUSPENSION OF NEW to New Jersey support of the impoundment quired by the Decree as the condition of or to non-diversion of mainstem flow trans­ JERSEY TRANS-BASIN WITHDRAWALS FROM THE New York's trans-basin diversion upstream. MAIN STEM basin (preserved by enactment, contract, U.S. Interior Department Secretary: Decree, and Compact), cannot be obstructed On July 31, 1975 New Jersey's Governor This impoundment, "Tacks Island Dam on or otherwise impaired by another State or announced his personal opposition to con­ the mainstem of the Delaware [just below its States, acting separately, together, or joint. struction of mainstem impoundment now. New York border,] ... is an opportunity ly as the Delaware River Basin Commission. He said: (a) for the next 25 years or so trans­ for this very region that is suffering most basin New Jersey will not need any main­ now to permanently solve its problems . . . FOOTNOTES stem water conserved by this impoundment; [of water supply deficiency]. If we had Tocks 1 Decree Section V, "Diversions by New Jer­ (b) in trans-basin New Jersey there are nu­ Island Dam in today, just this one dam on sey Authorized Under Specl:fied Conditions." merous potential "low cost" water supply the mainstem ... you would have no prob­ (Section V.B., not pertinent here, authorizes sites capable of meeting its increasing needs lem because you would have the storage" New Jersey to make additional trans-basin there; (c) New Jersey is going to finance and this impoundment provides. (Senate Interior diversions from the Delaware (usually called build them. (d) He opposed any construction And Insular Affairs Committee Hearings on 300 mgd) 1f New Jersey finances additional now under special agreement that Pennsyl­ Northeast Water Crisis (September 1965}). storage and makes compensating releases vania repay all this impoundment's cost al­ Basin State Senators similarly stressed this from it back to the River. And, Section V.B. located to water supply. (e) To insure its impoundment stance in authorizing its sur­ repeats, the total trans-basin amount New availability to meet New Jersey water needs rounding land recreation area, PL 89-158, Jersey may divert under Section V.A. "with­ after 25 years, he opposed any deauthoriza­ in August 1965 (Cong. Rec. 20423) .5 out compensating releases" if it supports this tion of this impoundment. (C). Pennsylvania in-basin requirements, mainstem impoundment above Tacks, "shall As noted later, that Governor's obstruc­ 1975 and forward. For example: not exceed an average of 100 m.g.d.") State tion-strongly opposed by Pennsylvania­ ( 1) City of Philadelphia's $360 m1llion of New Jersey, Complainant, v. State of New was not action or obstruction by the Dela­ mainstem water pollution control works re­ York and City of New York, Defendants, ware River Basin Commission. quire assured firm mainstem flow, assured Pennsylvawia and Delaware, Intervenors, 347, Assuming New Jersey could finance and by the mainstem impoundment. Absent this, U.S. 995 at 1001, 98L ed 1130 (June 7, 1954). construct its claimed trans-basin alterna­ City of Philadelphia now must finance ad­ 2 Report to the Commonwealth of Penn­ tives, that is irrelevant to its Decree duty to ditional pollution control works, or endure sylvania Department of Forests and Waters support mainstem impoundment, if it would increased mainstem pollution during main­ on Wallpack Bend Dam and Reservoir on continue diverting up to 100 mgd from the stem seasonal and other low flow periods. the Delaware River at Bushkill, Pennsylvania, mainstem to trans-basin New Jersey. If it (2) Pennsylvania in basin needed new and Albright & Friel (September 1, 1955). wants to do so, it has to support mainstem replacement economic plant requires over its 3 The Decree afiirmed, thus, only existing impoundment. That Governor apparently long amortization, employment, output peri­ uses "not involving a diversion outside the was not aware of this.• od assured firm water supply at reasonable Delaware River watershed" (Sec. VI, 347 U.S. This mainstem impoundment that Gov­ cost, assured by the mainstem impoundment. at 1002, emphasis added}. ernor is obstructing is the New Jersey-agreed Absent this, the economics of such needed in­ {For example, one of his claimed "trans­ substitute for Wallpack, not Wallpack, of basin investment now are discouraged or im­ basin alternatives" to the mainstem im­ course. For purposes of determining whether paired. poundment is New Jersey's full withdrawal New Jersey may divert that 100 mgd, and re- (3) Pennsylvania in-basin needed new and of the 100 mgd (whose trans-basin diversion EXTENSIONS OF REMARKS March 29, 1976 requires New Jersey to support construction POSTAL SERVICE HAs BECOME LEss THAN outstanding when compared with com­ of the mainstem impoundment)! New Jersey SATISFACTORY peting energy industries. now uses over sixty of this 100 mgd, daily. It The Postal Service was once the pride of In the more than 20 years that nuclear plans: (a) to reconstruct its Delaware diver­ the United States and the subj~t of mottos sion canal to take the rest, and (b) to con­ energy has been in use for power pro­ proclaiming the dedication of the letter car­ duction there has been not one death due struct a new balancing reservoir, "Six Mile riers. Today the employees continue to be Run", to store it in. (New Jersey's bond dedicated but the service, under the direction to radiation effects. But the safety record referendum to finance this canal reconstruc­ of a quasipublic corporation, has become less of the nuclear industry is no guarantee tion, $10 million, was publicly defeated in satisfactory and postal rates have skyrock­ for the future. That is why we insist that November 1975.) eted. safety standards must be the most strin­ (The "additional" New Jersey trans-basin The public, during a year when patriotism gent, the most uncompromising for any water supply needs that Governor speaks of, is being emphasized, is ironically increasing industry. And Idaho is showing the way are "additional" to those New Jersey trans­ the intensity of its criticism of delayed de­ basin needs now being met by its mainstem in this regard. liveries and the management of the Postal Mr. Speaker, I stress that the risks withdrawal of up to this 100 mgd.) Service has now announced three-day opera­ G Senator CASE (N.J.): "Part of the acreage tion as a possible remedy in dealing with to workers and the public from potential would be used to create a 37-mile-long res­ financial problems. accidents in nuclear powerplants are ervoir to be used for water supply, fiood con­ The three-day service suggestion has not very small. A recent study for the now trol, hydroelectric power and, of course, rec­ been approved. It is described as one of the renamed Atomic Energy Commission­ reation. In view of the drought which has options. But persons suspicious of govern­ ERDA-found that the likelihood of be­ parched our part of the country for more ment maneuvering fear it is being mentioned in than 4 years, it is clearly necessary that addi­ ing killed in any 1 year a reactor ac­ to make five-day service more palatable. The cident is one chance in 300 million, while tional water resources be developed as quick­ reduction of service to five days a week is a ly as possible." serious threat. Such reduction should not the likelihood of being injured is one Senator ScoTT (Pa.): "Mr. President, be tolerated any more readily than three­ in 150 million. The study judged the it is well known that the States com­ day proposal. likelihood of a core melt accident as one prising the Delaware River Basin-Pennsyl­ The theory that service of the Post Office in 17,000 per reactor per year. With 100 vania, New Jersey, and Delaware-are suf­ would improve under its new independent reactors operating, as is anticipated for fering from a serious water shortage resulting status was worth exploring but in practice it the United States by 1980, this means from 4 successive years of drought condi­ has not worked. that one such accident would occur, on tions. The day before yesterday at the White The goal must be for better service, not House, the Governors and Senators from the average, every one and three-quarter curtailed service. Action must be taken that centuries. these States met with the President ... to wlll regain confidence of the people who consider this grave problem." should be encouraged to use the mall. Dis­ If the United States can get 200 nu­ Senator KENNEDY (N.Y.) : "Tacks Island couraging use of the mall system further clear-generating stations on line by Reservoir will provide highly needed addi­ diminishes it and adds to financial problems. 1985 it will reduce the Nation's oil re­ tiona! water storage capacity for Philadel­ The Congress and proper government agen­ quirements by 6 million barrels per day. phia and other cities along the Delaware. If cies should see to it that understanding That is just about the quantity of oil we the Tacks Island Reservoir were in existence guidance and financial support be given the have been importing, which demonstrates today, Philadelphia and Camden would not Postal Service until it is on the right track. be facing as critical a water problem as they the importance of expanding our use of If after this guidance the system still ap­ nuclear energy as rapidly as possible. now do. The action taken yesterday . . . pears to be losing efficiency it may be neces­ means that Tacks Island Reservoir will be sary for the Congress to terminate the special Mr. Speaker, energy plays a funda­ ready." status of the Postal Service and revert to the mental role in the country's economic Senator JAVITs (N.Y.) : That White House former system. life. An ample supply of energy is es­ meeting was important to "the Delaware The independent management of the sential to production. Production is es­ River Basin on which New York depends for Postal Service seems to have forgotten that sential for jobs, and without jobs our about 50 percent of its water. Indeed, it is the Founding Fathers approved federal sub­ said that if the [Tacks) project were com­ country would be in chaos and ruin. sidles because it was their intention that I am committed to a policy and pro­ ·pleted we might have no water problem. So the postal system should engourage free flow it is critically important." gram to serve that objective. If we are 8 of information. They were of the opinion that As noted, page 6, New Jersey's Governor the postal system was a necessary· service of going to have full employment, we need avers trans-basin New Jersey has numerous government and not a business. 3 percent annual growth in energy. Un­ "low cost•• alternatives to meet its own needs. less we have nuclear energy, we are not going to have 3 percent growth in energy. Mr. Speaker, antinuclear advocates are NUCLEAR POWER IS VITAL TO THE essentially anti-growth or slow-growth THE GROWING POSTAL Dll.JEMMA NEEDS OF IDAHO AND U.S. proponents. That means jobs will not ECONOMY increase, and in some industries there would be layoffs if these critics of nuclear power got their way. Moreover, prices HON. JAMES ABDNOR HON. GEORGE HANSEN would rise, and some sharply. OF SOUTH DAKOTA OF IDAHO While conservation represents one IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES small answer to the Nation's energy Monday, March 29, 1976 scarcity problem, it will not alone solve Monday, March 29, 1976 the crisis. There still will be the need for Mr. ABDNOR. Mr. Speaker, the crisis Mr. HANSEN. Mr. Speaker, the United increased energy in the next 15 to 25 afflicting the U.S. Postal Service shows States now imports over 50 percent of our years because of greater consumption. no sign of abating. Indeed, every day oil consumption. Rapid development of Mr. Speaker, recent Bureau of Mines there are new reports of mangled mail, nuclear power is a must without which estimates show that the use of coal will lost deliveries, cuts in service, to say the Nation's economy will falter while rise from its present 18 percent of total nothing of mounting costs and deficits. the United States becomes more and energy supplies to 21 percent by the turn Rural America is particularly concerned, more dependent on foreign sources of of the century, and coal in itself is not because of the threatened closure of energy. America cannot stand idly by, the answer to the problem. Nuclear power third- and fourth-class offices in a cos­ leaving its well-being in the hands of will have to supply a large part of the metic attempt to reduce the deficit. These undependable foreign sources. While all rest of the country's total energy needs. cutbacks in rural America are totally domestic fuel sources must be developed, According to the Bureau of Mines, nu­ unjustified because, first, savings by the Nation's greatest reliance in the im­ clear power is expected to rise from less closing third- and fourth-class offices mediate future must be placed on coal than 2 percent at present to about 28 could save only $100 million of the over and nuclear energy. Idaho has a big percent by the year 2000, a spectacular $2.4 billion-in 1974-annual deficit; and stake in the Nation's nuclear program increase. This could generate about 1.5 second, they do not begin to touch what and nuclear energy is the target of a million jobs in construction, manufac­ is causing the bulk of the deficit. well-organized drive to ban its use. The turing, transportation, warehousing, and In their March 17 edition, the Aber­ basis of that campaign is that nuclear distribution. deen, S.Dak. American-News had a very energy 1s not safe. This is a very er­ If you pull the plug on nuclear energy, thoughtful editorial on this dilemma. I roneous assessment. The occupational you are just pulling the plug on the whole would like to share it with my colleagues: safety record of the nuclear industry is economy. Unless the Nation moves ahead March 29, 1976 EXTENSIONS OF REMARKS 8527

rapidly to develop nuclear power we will business in 1971. He is now 34 years of like Patterson, a former barber, were nov· age and has been deaf since the age of 2 ices. Instructor Ken Delaney of New Castle all be in trouble regarding employment, marveled at his pupils' ability, according to buying power, living standards, and our years. C. Eugene Kingsley, placement counselor for whole way of life. I am proud, Mr. Speaker, of this young the Bureau of Vocational Rehabilitation, Mr. Speaker, a series of initiative peti­ man's success and I want to share it since they couldn't depend on sound as do tions in 16 States seeks to impose onerous with other Members of Congress and many welders to give an indication of their restraints on both existing and proposed those across the Nation who might take work. nuclear facilities. If California's Proposi­ hope from the story of Winston Lord: Communication, which Delaney had ex­ pected to be a major problem, has been W. W. LORD MANuFACTURING: MARs COMPANY tion 15 to impose a moratorium on nu­ smooth. The instructor speaks to the group Is TRAINING GROUND FOR DEAF clear-energy development is approved by and those who can read lips use sign lan­ voters on June 8, State after State, caught (By Patricia Vida) guage to relay instructions to employes who in emotionalism, could follow suit. A unique on-the-job training program is don't lip read. It is a reaction to what I believe is a helping deaf employes at W. W. Lord Manu­ The evening classes were begun in October, hysteria. It is almost a popular fashion to facturing, Mars, perfect their welding skills. 1975, when Mrs. Lord contacted Pennsylvania be for the elimination of nuclear energy. The program is a joint venture of the com­ Technical Assistance Program Network pany founded four years ago by a deaf young (Penn-TAP), for some help in further train­ The effect of the various State-proposed man and the Bureau of Vocational Rehabili­ ing the employes. PennTap in turn con­ restrictions on nuclear power would be tation of the Pennsylvania Department of tacted Kingsley's office and he undertook to raise the cost of electricity. This would Labor and Industry. planning for the on-the-job training pro· hurt consumers and workers and produce The Bureau supplies and pays a certified gram. a ripple effect throughout the economy welding instructor who teaches the full-time The purpose is two-fold. It will provide that would raise the price of all goods workers three nights a week for three hours employes with necessary skills to make them and services. at the plant, located on Brickyard Hill Road. proficient welders and train key individuals LORD UNSUCCESSFUL AT FINDING WORK to pass on those techniques to new em­ Mr. Speaker, Representative MIKE Mc­ ployes. CoRMAcK, Democrat of Washington, has Concern for the handicapped came natu­ rally to Winston W. "Herk" Lord, owner of Kingsley said, "There are, to our knowl­ said there is neither moral nor intellec­ edge, no schools in welding that offer this to tual justification for the current obses­ the company, who has been deaf himself since he was stricken with spinal meningitis the deaf, or if they do, they have problems 1n sion with hypothetical hazards of nuclear at the age of two. Now 34, Lord started his communication due to the fact that it is an all hearing school." energy. own steel fabricating business in 1971 after He said: 10 years' experience with an employer. IDs The placement director said he foresees The campaign to undermine nuclear energy firm does carbon steel, stainless steel and some of the workers or clients becoming ex­ is, in effect, a campaign to cause additional aluminum welding. perts at the welding trade under Lord, who unemployment. Lord's own attempts to get his first job is an exacting boss and demands quality after graduation from the Western Pennsyl­ work. Indicating one employe, Kingsley told Representative McCoRMAcK heads a vania School for the Deaf were discouraging, how the man refuses to be idle. During the House subcommittee on energy research according to his mother, Christine Lord, who evening sessions, if a piece of work is left un­ as well as two subcommittees of the con­ gave up her job as a beautician after 35 done by a student who leaves, he'll finish it. years to manage her son's business. A big advantage of the program is that gressional Joint Committee on Atomic the deaf, who would be lost in a classroom Energy. Although he had had three years of train­ ing in typesetting and printing, Lord with a majority of students who can hear, He said: couldn't find a job, largely, his mother be­ are getting individual attention. In addition, Cutting back on nuclear-energy produc· lieved, because prospective employers were bringing an instructor to the job site is much tion will mean increased unemployment afraid. less expensive than the cost of sending in­ among American workers, not only those in­ "They made excuses," she recalled, "like dividual students away for schooling. The in­ volved in the construction of the nuclear he might not see a fork lift and said it would struction aids the Lord company by giving plants themselves, but, far more important, be too dangerous." them workers who can do a quality job. those involved in permanent industries which Pointing to the company's low accident Besides work and on-the-job training, one require the energy produced. rate for the type of business it is, Mrs. Lord of the men and Mrs. Lord are taking blue discounted those fears. She contended deaf print reading at Butler County Community Mr. MCCORMACK said: employes compensate for their hearing loss College. Lord also took blue print reading The chance that a person will be kllled by sharpening their senses of sight and touch and drafting as the college's first deaf stu· from a nuclear accident in a nuclear-power to be alert to potential hazards on the job. dent. plant in 1980 when the U.S. is expected to The company has no problem with absentee­ His firm, which started out fabricating have 100 plants on line is about one in five ism, she added. refuse containers, has expanded to do sub­ billion, or the chance of being struck by a Lord worked for a year for Carl Strutz and contracting for various area firms that have meteor. Co., Mars, and then left with a company international contracts. The company has foreman who started his own fabricating supplied large tanks for hauling sludge, Mr. Speaker, I hope the Nation wakes business in Saxon burg. small cable reels for shipment to Thailand up to its energy needs and responsibilities He worked there until the company went and small fabricating parts for a steel mill before we are all taking cold showers in out of business. Then with a hand brake, a in Poland being built by Swindell-Dressler, the dark. welding machine, a shear and a loan of of Pittsburgh. $3,000 his mother obtained, he opened his own shop. EMPLOYES' SKILL AT FIRST VARIED UNIQUE COMPANY GIVES DEAF CHURCHILL ON DEFENSE EMPLOYEES A CHANCE Word of the business traveled through closely-knit clubs and associations for the deaf in the Pittsburgh area, and men who'd had the same difficulties in getting a job that HON. JOHN P. MURTHA HON. GARY A. MYERS Lord initially faced, began visiting his shop OF PENNSYLVANIA OF PENNSYLVANIA and inquiring about work. IN THE HOUSE OP REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Lord now employs siX deaf workers who take the class along with him and his wife, Monday, March 29, 1976 Thursday, March 25, 1976 Georgetta, also deaf, who wants to learn her husband's business now that their three Mr. MURTHA. Mr. Speaker, 40 years Mr. MYERS of Pennsylvania. Mr. children, twins Winston Jr. and Sally Ann, a go Winston Churchill sounded a call Speaker, recently, I came across a maga­ 9, and Paul 8 are in school. The family lives a gainst totalitarianism that was ignored zine article in a publication entitled "The at First Avenue and Second Street in Va­ by his own nation and its allies until Smaller Manufacturer," which dealt lencia. war was forced upon them. with the success in small business by a The employees are Paul E. Baseler, Gib­ Recently, Churchill's grandson, named determined resident of Mars, Pa., a com­ sonia; Kermit E. McNeish, Church Rood, for the famous British statesman, com­ munity in my district. Penn Township; George T. Patterson, West Sunbury; Harry Young, Route 68, Evans mented in an interview that he found The W. W. Lord Manufacturing Co., a City; Millard "Dean" McCulley, Myoma, and serious parallels betw een the 1930's ex­ welding business, is run by Winston W. Richard Manol, Evans City. perience and recent activities in Africa. Lord, who is deaf and who employs the The employes had varying degrees of skill Speaking of the Soviet Union in today's deaf in his business. when they arrived at Lord Manufacturing. world, Churchill found similarities with Winston Lord started his welding Some had a little welding experience. Others, earlier world events: 8528 EXTENSIONS OF REMARKS March 29, 1976 What worries me deeply is that according try, and is not without benefits for men. credit in her own name based on her half to all the indicators, once again today as in The bill is H.R. 12407. It is a simple pro­ ownership; and other benefits would the 1930s, we have a single country with a vision. It would put as a condition of the ensue. totalitarian dictatorship at its head which use of the lower joint tax rate for mar­ is bent on a course not only of internal re­ pression but more seriously bent on a path ried couples a requirement that both of world dominance, of imposing its rule on marital partners-regardless of the in­ STATEMENT ON AMTRAK other parts of the globe. come of each, and even if one devotes his or her efforts exclusively as a home­ Winston Churchill sees Africa as an maker-concede and either swear or HON. MA~ S. BAUCUS important test of the free world. He fears afiirm on the 1040 that each, in fact, OF MONTANA the Soviets are more prepared for that owns half of all the income, assets and IN THE HOUSE OF REPRESENTATIVES test: liabilities of the marriage partnership, Monday, March 29, 1976 Their whole economy is geared to a war excluding premarital assets and liabili­ footing and what are we doing about it? ties. Mr. BAUCUS. Mr. Speaker, I rise today I feel that what is at risk with the chal­ to address Montana's needs for the con­ lenge they are putting to us is Africa and This concept could also have the effect of cutting in half the inheritance tax tinuation of Amtrak's services. Whether that is a very difficult challenge to meet or not to retain existing Amtrak lines because if we don't meet it, the Soviets win, that would have to be paid by the sur­ and if we meet it in a clumsy way, we will viving spouse in the event of the death is an important issue in my district be­ allow ourselves to be identified only with the of either. cause Amtrak provides important trans­ white minority in Southern Africa. The joint income tax rate, being fa­ portation links for many smaller Mon­ tana communities. Moreover, he sees the question goLTlg vorable, is a privilege which Congress, for good and substantial reason, can condi­ Montana has the advantage-and I beyond Africa to the basic security of the hasten to add a much needed advan­ Western Allies: tion. H.R. 12407 would condition it by effec­ tage--of two Amtrak routes. Our north­ If they are tempted by the total apathy ern route runs from Chicago through and demonstrated feebleness of the West in tively converting into a reality what has the past few weeks, if we go down this slope always before been no more than a fic­ Grand Forks, N. Dak., across the top of for very many more months it won't be a tion-the fiction of the joint income of Montana through Havre and Glacier question of the independence of a few a married couple. For all the millions Park and then onto Seattle. The south­ African countries or European domination of married women who are homemakers ern route also starts in Chicago, runs in Southern Africa, or our economic situa­ as well as for all the working married through Bismarck, N. Dak., Billings, tion as far as the Cape route is concerned: women whose salaries are less than those Butte, and Missoula in Montana and it will be a question of peace, global peace onto Everett, Washington via Wenatchee for the first time in 30 years. of their husbands, there has never been a legal right to half of all the family and Spokane. What course would follow major So­ income and assets, and these women The northern route is not in danger of viet gains in Africa are, of course, un­ have been signing joint income tax re­ being discontinued. It runs daily and is clear, but Churchill sees them as only the turns merely in the capacity of figure­ more heavily used than the southern first of many steps that can shake the heads. route because the latter runs only three world if they are not halted: This bill simply says that the word time per week. The northern route is used I think if there is no coordinated resist­ "joint", referring to income in the Inter­ a great deal by businessmen for points ance to Soviet expansionism and imperial­ nal Revenue Code, shall mean exactly between Chicago and Seattle. Montanans ism in Africa we could see this thing moving that in reality. · use the northe1n route extensively for nearer home with a Soviet takeover of I suggest to the esteemed Members of visiting relatives, seeing business con­ Yugoslavia following Tito's death or incapac­ tacts or going to recreational sites. For itation. And that, of course, would see the the House that this Nation would not Soviets straddling the northern shores of the condone legally classifying any other example, in 1975, over 25,000 passengers Mediterranean which they already dominate group of persons as economic dependents boarded and left the train at Whitefish, with a :fleet four times greater than that of while we have closed our eyes all thes~ a popular ski resort in northwestern the U.S. years and permitted married women, Montana. In that context I think one could see the particularly those who are not employed However, the southern route is in dan­ possibilit y not of nuclear war but of such a outside the home, to be economic de­ ger of being dropped. The President's de­ large-scale buildup of military power so cision to cut $62 million from his trans­ close to the frontiers of Western democracies pendents. Such women do not have a that they would just succumb from a com­ legal fight, in most of our States, to any portation budget prompted Amtrak's bination of external pressures and large­ more than the "necessities," and they proposal to discontinue the southern scale fifth column activity supported from have to at least file for a legal separation route. I think this would be a grave mis­ out side. to establish a fight to that. take for at least three reasons. First, And that in my view is the real threat. This bill would be just one step toward it is a major form of transportation for Like all Americans who seek peace, I rectifying this unjustifiable and ancient people in the rural areas. Many Mon­ hope Winston Churchill is wrong. Let us inequity. tanans use the southern route of Amtrak .not, however, ignore him as too many If a nonemployed married woman and extensively to conduct business. Second, did his grandfather. Let us focus more her husband signed such a special oath, we are in a period of an energy crisis and closely on the defense of the West in the conceding and attesting that she in fact should encourage the use of mass trans­ next year than at any time in our his­ owned one-half of all the family income, portation, not discourage it. Third, Am­ tory. Let us focus that debate so we will assets and liabilities, and her husband trak is still in its infancy and should be avoid the mistakes of the past to secure signed a similar oath in order to qualify given a chance to prove itself. It would the peace of the future. for the joint rate, such a woman would not have this chance if we cut appro­ then establish strong evidence which priations, Mr. Speaker. could rebut any assumption that when The southern route may not be used either dies, the partner owned all the as much as other routes, but it is used property and should pay an inheritance extensively. For example, nearly 100,000 ESTABLISHING ECONOMIC INDE­ tax based on the value of all of the prop­ people got on and off the trains in Mon­ PENDENCE FOR MARRIED WOMEN erty, instead of just half; thereby re­ tana last year. And, the committee must ducing the inheritance tax by at least remember that snow often closes Mon­ 50 percent to be paid by the surviving tana roads and grounds its airlines. Dur­ HON. CLIFFORD ALLEN spouse. ing such times, Amtrak trains are the OF TENNESSEE There are other implications. If a non­ only way people can travel. Closing the IN THE HOUSE OF REPRESENTATIVES employed married woman and her hus­ southern line would cause hardships for band both swear that each owns one­ many Montanans, especially senior cit­ Monday, March 29, 1976 half, there would be no reason why such izens who rely on Amtrak as a major Mr. ALLEN. Mr. Speaker, on March 11, a woman, for example, could not make source of transportation. 1976, I introduced a bill which has long­ social security contributions on her half; Another reason to retain the Amtrak range beneficial implications for the why she could not establish her own pen­ route is its energy efficiency. Trains use future welfare of women in this coun- sion plan; why she could not establish far less energy than other modes of March 29, 1976 EXTENSIONS OF REMARKS 8529 would be suspect in that case, because the routes that would be eliminated is one that transportation. Comparatively speaking just started through Cleveland. the train's ability to carry more passen­ two cities would still be tied together with one route rather than two. BAucus. One thing that seems particularly gers longer distances with less energy use BAucus. That is two lines in Montana, you unfair to me is that the more marginal justifies its existence. We must not for­ mean. routes are going to be in rural areas. It's get that an energy shortage exists in this REISTRUP. Yes. just going to happen. It just seems you Nation, and we should support-not BAucus. I see. Well, why then was the should have a built-in compensation factor abandon-energy efficient transportation southern route chosen rather than the north­ there. ern in Montana? What went into that? REISTRUP. I agree with you there. So does modes. the Board of Directors. And this is why their The 55 mile per hour speed limit that REISTRUP. Specifically, we really were not that precise in our determination "in house." route criteria, which I hope Congress ap­ Congress imposed nationally has reduced But the Southern route runs three days a proves and will let go into effect, weighs automobile usage. In large States, like week a large part of the year and loses rela­ this. I know, for instance, when Northwest Montana, it is faster to take the train tively more money during that period. But Airlines is not flying in Montana, we are than to use a car and sometimes faster actually, "in house" we have not decided on really the only alternative. than plane service. The gas shortage will which routes. Very clearly, one would be BAucus. Both Northwest planes and get worse, making the car a less reliable suspect, however, in this situation. AMTRAK trains are full from my experience, BAucus. Why does the Southern route lose and I've been on both. What are you doing form of transportation and placing a personally to help out the southern route in greater burden on rail passenger service. more? Is that because there are fewer trains per week? It is my understanding that there Montana? Also, the adverse economic impa-ct of are more trains per week in the north and REISTRUP. Well, what we're trying to do is lost jobs and reduced tourism would be fewer in the south. If there are more trains, operate better and do better with what we great in my State. Montanans just can­ there should be more passengers. have today. Our new equipment is on the not afford these losses with our current REISTRUP. My personal feeling, Congress­ horizon. The first new long distance equip­ economic slump. Though unemployment man, is that if we run a train, we should ment will arrive January 1977, and we plan to put them in the northern operations, is decreasing nationally, Montana's is in­ run it seven days a week. It's hard to figure how to get the train when it runs only on which would mean the trains through Mon­ creasing beyond 10 percent-Montana tana, the trains through Denver, the trains can expect to lost 200 to 250 Amtrak jobs Friday, for instance, and you want to go Thursday for Thanksgiving dinner. We, in through Montreal ... and many millions of dollars in revenue this particular case, of course, for economic BAucus. Both routes in Montana? if the southern route is closed. reasons run three days a week seasonally. REISTRUP. Yes. With electric heat so that Many people traveling to Yellowstone We at AMTRAK would rather run all of we get rid of the steam. We have had trou­ Park in the summer and to ski resorts in our operations . . . ble with old fashioned steam heat freezing BAucus. But you have the physical capa­ up in interinittent weather up there. We're the winter simply will not come without trying to provide a service, advertise it prop­ adequate train service. For example, one bility, you have the equipment to run daily. erly to attract more business. We are just ski resort alone estimates that over 500 REISTRUP. We do at this time. beginning reduced fares off peak to generate of its patrons use the southern Amtrak BAucus. Okay. Then the reason that you haven't is what? ridership during the slack period. routes. BAucus. But are you personally going to be REISTRUP. Econoinic. Not enough money to taking any action before the Congressional The need for Amtrak and its poten­ support the loss. tially expandable use in Montana is committees here to try to beef up the BAucus. I see. But then what would hap­ AMTRAK routes? · great. My proposal both to this subcom­ pen if you did run daily? REISTRUP. I am. I will appear in March­ mittee and to Amtrak is not discontinue REISTRUP. If we ran daily, I would say that probably several times. the southern route but to retain and ex­ it would be just about a draw between the BAucus. So you, as President of AMTRAK, pand it as well by putting it on a daily two operations and I think that is a very are "going to bat" for southern Montana. pertinent question. We find that the trains REISTRU!?. I'm going to go to bat for the schedule. A common complaint from peo­ are just about the same in loading. When I ple who would like to use the southern operation as it now exists because this is the rode with my little boy and when we turned intent of Congress and we, as long as I'm train more is that they must take at least back at Sandpoint, that's Sandpoint, Idaho, a 3-day trip. They must plan 1 day here, will try to live up to the law in the and I rode out on the Southern route and spirit and to the letter, and we expect to be for travelling, 1 for layover and 1 to re­ back on the Northern route, we had more funded to provide this service. turn. Weekend visits are impossible. In on the southern train than on the northern BAucus. Well, that'll be terrific. I hope we my view, it is ludicrous not to have daily train. are both successful. I see we're about out of BAucus. It's been crowded when I've been service to the most populous communi­ time here. Thank you very much. If you have on the southern train, very crowded. How any questions, please write us. ties in Montana. many passengers are there now in the north­ Mr. Speaker, I would like to include a ern route per week as compared with the Amtrak should improve its service transcript of a radio show that I had southern route? within its current budget or expand with Mr. Paul Reistrup, the president of REISTRUP. Well, our latest figures are for within an increased budget to meet the Amtrak. Mr. Reistrup is aware of Mon­ when the trains were daily, and that's a fair comparison. The southern trains carried current and future passenger demands. tana's need for Amtrak and talks of sev­ I have other suggestions about.Amtrak's eral ways Amtrak's services could be im­ over 30,000 in August and the northern trains, 36,000. service. proved. BAucus. So they're roughly comparable. First, Amtrak should improve its cus­ The following is an edited transcript of a REISTRUP. Roughly comparable. tomer relations and equipment upkeep. taped interview conducted by Montana's BAucus. I see. Does this mean that the A service-oriented industry must have Western District Congressman, Max Baucus, main criterion that the Southern route be of Mr. Paul Reistrup, President of AMTRAK, service-oriented people who are willing dropped is passenger load? help passengers reach their destina­ February 5, 1976. REISTRUP. Well, right now, we have before to Hi. This is Max Baucus. Today, I'm going Congress a proposed route criteria for de­ tions in comfort. Also, passenger cars to be talking with Mr. Paul Reistrup, who termining which train operations should re­ should be cleaned. When trains are clean, is President of AMTRAK. The reason is be­ main. And that criteria is a mix of the eco­ people are more willing to ride them. cause we've learned that there are plans to noinic evaluation, ridership, alternate means Second, Amtrak's ability to meet a eliminate the southern AMTRAK route in of transportation, environmental considera­ schedule must be improved. If business­ Montana. Mr. Reistrup and I are going to talk tion, safety, and so forth. So under the cri­ men could get on an evening train in about what's involved here, and to see if we teria, if Congress does not turn them down, can do something, frankly, to prevent that Chicago and know -that it will reach we will weigh all these factors. However, Missoula in a day, I am sure they would measure. in my submission to Secretary Coleman, be­ BAucus. I wonder if you could tell us first, cause it was budgetary in nature, it was ride trains more often. Amtrak's service Mr. Reistrup, what's behind this; what's strictly based on numbers. now is not adequate to do this, and peo­ going on? BAucus. How did the two Montana routes ple must play a guessing game on when REISTRUP. Th~ situation began as we were compare with other marginal routes in the the train is coming and when it's leaving. asked what rail operations would have to be country. I think its unfair to cut off one in Third, a vigorous advertising cam­ trimmed down from the AMTRAK system, Montana if there are other routes in the paign should be initiated in Montana. should our budget limitation be $378 million. country which are less profitable than even one of the two in Montana. So how does it Many people do not know Amtrak's We submitted in writing to Secretary o! schedule. Figuring the logistics of catch­ Transportation Coleman the possible routes compare with the other routes in the coun­ as a matter of conjecture that might be con­ try? ing a train on the southern route takes sidered and still comply with the law-which REISTRUP. Well, it would compare in such an experienced traveler and I am sure requires a national inter-city network. One a way that there would not be discrimina­ some people in my district do not even of the routes between Chicago and Seattle tory treatment. In fact, one of the strongest know they can use Amtrak. 8530 EXTENSIONS OF REMARKS March 29, 1976 For example, southern Amtrak serves neglected problems in the area of crime Small Business held hearings on the issue in two university communities, Missoula prevention; namely, cargo security. I en­ 1969 and 1970, and reported out in June, 1972. The reports were comprehensive and and Bozeman. Students want to use a close two articles on this topic, hoping included numerous recommendations, but fast and cheap form of transportation to that my colleagues will take the time to no new laws were passed. The feeling was that get home or visit friends. Amtrak should read about the impact this well­ the problem now defined, industry should advertise to their needs and provide re­ organized crime has on consumers. have time to try and put its house in order. duced rates for university students. The first article is from the February The only direct result of the hearings was Fourth, package trips should be avail­ 1976, issue of Handling and Shipping that the ICC and CAB began to collect data able for people who want to get to the magazine and the second appeared in on crime losses in Class I motor carriage and air trunk lines. The Association of American ski resorts or visit Yellowstone Park and the March 16, 1976, edition of the Austin Railroads has figures on Class I railroads. Glacier Park. The recreation industry is Citizen newspaper: The availability of such information is an growing and people are looking for CRIMES AGAINST DISTRIBUTION-HOW To TURN important first step. cheaper ways to enjoy the outdoors. If THE TIDE Based on these data and on their own Amtrak had tourist packages available, I (By Patrick Gallagher) experience, the general impression of knowl­ think ridership and revenues would in­ (In today's business world an investment edgeable people within DOT and various in­ crease tremendously. in and a commitment to security is one of dustry groups is that "things aren't getting the wisest moves a company can make.) any worse." Which unfortunately implies Fifth, Amtrak should consider adding that things aren't getting any better either. an additional route in Montana, a In ancient Greece a man named Diogenes north-south route, starting in Butte and one day took his lamp and went in search REGULATION? ending in Salt Lake. There are lines run­ of an honest man. He never found him. Busi­ The Department of Transportation is now ning westward from Chicago to San nessmen today are reportedly stlll looking. and has been opposed to cargo security reg­ This is an exaggeration, but not by much. ulation on the grounds that enforcement is Francisco and Seattle. Nearly 500 miles Employees annually pilfer from their com­ unfeasible and the requirements too various. separates the two lines at most points. panies some $16 b1llion worth CYf goods. Just Its current programs are voluntary. Yet there is not a single North-Sq.uth in the area of inter- and intra-state ship­ But there is pressure from the Executive connection along this entire expanse of ping, the impact of crime-related losses on Office to increase the effectiveness of the territory. If an Amtrak passenger wishes the nation's economy was estimated in 1972 Transportation Security Program. Executive to travel from Butte, Mont., to Cheyenne, to run as high as $7 billion a year. It is Order 11836, issued one year ago, delineated Wyo., 500 miles away, he must travel well certainly much higher today. A consultant the responsibllities of the Secretary of Trans­ over 2,000 miles to the East and back via with American Multi-lert Corp., Albert Hart­ portation, the Attorney General and the Sec­ korn, has looked into containerized mini­ retary of the Treasury, relative to cargo secu­ Chicago or to the West and back via Se­ bridge and landbridge shipments for 1974 rity. The Secretary of Transportation was or­ attle and San Francisco. The Butte-Salt and come up with a dollar value for stolen dered to submit a report to the President on Lake City connection would be extremely merchandise of $4.5 million. This figure is March 31, 1976 (and annually thereafter), useful for travelers in the West. for minibridge and landbridge containers evaluating the effectiveness of federal efforts. Finally, I urge Amtrak to make avail­ alone, and just for one year. According to DOT Director of Transporta­ able to Congress ridership statistics for These figures are staggering, so much so tion Security Daniel A. Ward, that report that their impact is lost. Our minds cannot probably will conclude that DOT is "going its trains. Additionally, it should con­ grasp the concept of a b1llion anything. But duct· studies on the economic and social to have to consider every conceivable option" break these numbers down and they strike . and apply "stronger medicine." Some regu­ benefits it bestows on the communities it closer to home. For example, the American lation may be the only alternative, Ward serves. From my mail load I know that Trucking Associations (ATA) estimates that implied. many people use and depend upon Am­ it costs motor freight carriers from $2 to $5 Presently, DOT has no power to impose trak year around. It would be helpful, in indirect costs (paperwork, manpower, regulations. However, there is a bill now however, if Amtrak had ridership statis­ etc.) for every $1 of direct loss. And shippers' pending in the House--H.R. 10473, intro­ tics to show how many people use the losses are believed to be even greater-from duced by Cong. J. J. Pickle (D.-Tex.)-that $5 to $7 for each $1 in direct losses. would give DOT the power to issue and en­ train for specific purposes-such as vis­ Even if your operation has a good security its to Yellowstone Park-or how many force rules for labeling, packaging, cargo loss record your insurance costs are probably reporting, and personnel identification. The people use the train on a regular basis rising rapidly. While your own costs might not match this, an across-the-board increase b111 provides for civil penalties in the form for business. If these facts were known, of fines ranging from $1,000 to $5,000. Sim­ Amtrak's case would be better substanti­ of 30 percent nationally over the past three years is generally accepted as Yalid. ilar bills have failed in the past, but the ated. mood may be different today. Mr. Speaker, this concludes my testi­ The most depressing note in this whole "A voluntary system doesn't have the mony on Amtrak. Admittedly, the south­ tragedy is the inability of law enforcement punch," said an aide to Congressman Pickle. ern route is not now as productive as the agencies to even begin to stem the onslaught "Progress has been made but not enough to of crime. Both Attorney General Edward Levi say were winning the battle against crime." northern route. But if the quality of and former A-G W1lliam Saxbe admitted as service can be upgraded through daily much. And the latest FBI crime report is PERSONNEL SCREENING runs instead of tri-weekly stops, and if unrelentingly bleak. Of those areas which this bill considers, Amtrak can improve its equipment and INDUSTRY'S ROLE personnel identification has drawn the strongest support from industry, which gen­ hire a sufficient number of service­ Clearly, the only way out of this mess is oriented personnel, then I think the eco­ erally opposes regulation. This is an aspect through the complete and dedicated coopera­ of the problem that business can tackle on nomic standards of the southern route tion of the private business sector. Most se­ its own, given the proper tools. would be improved to such a degree that curity experts agree that as much as 50 per­ Eighty-five percent of business crime is at­ it might possibly make a profit. The so­ cent of criminal losses in business could be tributable to insiders. And it is a statistical cial and environmental benefits to Mon­ avoided if common security rules were ob­ fact that criminals tend to be repeaters. The served. tana from Amtrak makes it mandatory FBI has shown that more than 50 percent that the service continue. Without Am­ What does business stand to gain for its ef­ of those convicted of crimes will be in trou­ trak rural Montana will suffer greatly. fort and expense? The Department of Trans­ ble with the law again. Clearly, it would be portation estimates that for every $100 claim the height of folly to let ex-criminals han­ prevented, as much as $50 is pure profit. Com­ dle valuable cargo and not know about it. pare that with a return of about $2 for each Yet in spite of this fact, employers have $100 of new business. Or looking at it from no access to criminal history records of CARGO SECURITY: BADLY the other side, there is this sobering observa­ potential employees, outside of the local NEGLECTED PROBLEM tion from Charles Wessel, president of In­ jurisdiction. Section 20.21(b) (2) of Title 28 terstate Service Corp., one of the nation's of the Code of Federal Regulations has been largest security firms: Among businesses suf­ rigidly interpreted to exclude cargo security fering heavy losses from disaster or grand HON. J. J. PICKLE theft, more than 60 percent never survive programs from access to oclminal record OF TEXAS information. even though they had adequate insurance Concerned groups are currently focusing IN THE HOUSE OF REPRESENTATIVES coverage. their attention on the Law Enforcement Monday, March 29, 1976 GOVERNMENT ACTION Assistance Administration (LEAA) , which has When government and industry became jurisdiction over the national criminal record Mr. PICKLE. Mr. Speaker, while serv­ aware of the magnitude of the business crime file. Representatives of both the American ing on the Commerce Committee several wave back in the late sixties, there were many Trucking Associations' Trucking Industry sessions ago, I became familiar with one demands for studies, reforms crackdowns and Committee on Theft and Hijacking of this Nation's most overlooked and regulations. The Senate Select Committee on (TICOTH) and the National Cargo Security March 29, 1976 EXTENSIONS OF REMARKS 8531

Oouncil (under the Transportation Associa­ Your first step should be to review your Philadelphia Manufacturers Mutual Insur­ tion of America) have been among those distribution process with an eye towards ance Co. "The fire setters range all the way testifying in recent LEAA hearings. consolidation and control. Beef up docu­ from juveniles with matches to disgruntled These groups have urged that appropriate mentation procedures so that you can always employees, pyromaniacs, and professional changes be made in the Federal Code to allow pinpoint the person responsible for goods at arsonists." employers in transportation and distribution a given time. For example, the orderpicker's Moore points to figures compiled by the (particularly in the crime-plagued truck­ slip should be confirmed by the packer. The Factory Mutual System, the world's largest ing industry) limited access to criminal man on the dock should receive a written insurer of industrial property, which show records. The National Oargo Security Coun­ count of cases from the packing department. that in the last five years the number of in­ cil's proposal provides controls and safe­ And the supervisor should verify that the cendiary fires at industrial facilities has guards to protect the rights of individuals. driver has taken aboard his vehicle the num­ grown 44 percent annually. Worse, losses in Briefly, information would be available only ber of cases signed for. dollars have increased 235 percent. National to bona fide transportation cargo security Documentation will discourage theft by Fire Protection Association figures show programs. It would cover only records of fixing responsibility and pinpointing losses. that the number of incendiary fires in 1974 convictions, forfeitures, and nolo contendere Take an additional step in consultation with was nearly double the 1970 level-115,400 pleas within a period of seven years prior a packaging engineer. Loads that are utilized compared with 65,300. Losses for 1974 were to the date of inquiry and could be obtained and strapped or shrouded are more difficult to estimated at some $563 million. only on the written authorization O!f the pilfer from. The thief who is looking for a Where are incendiary fires most likely to individual whose records are sought. mere item or two will pass up a bound load. originate? According to Factory Mutual's Another scenario developing in Wash­ Look into inexpensive pilfer-proof containers analysis, 75 percent start in storage areas. ington could have an impact on organized or sealing tape that will show signs of The conclusion is that these are places where crime in transportation. Senator Robert tampering. If feasible, avoid printing brand entrance may be easier and changes of de­ Griffin (R-Mich.) has made it known that and product information on packages. Give tection less. The point is that those respon­ he intends to introduce legislation to estab­ the thief as little help as possible. sible for the security of such areas have lish a select committee to investigate pos­ ON THE DOCKS their work cut out for them. sible criminal activity in unions. The prime If a theft is going to occur in your opera­ Sprinkler systems can reduce fire losses by focus of the committee would be links tion the overwhelming chances are that it 50 percent, but again the priority should be between organized crime and the Teamsters will take place on the shipping or receiving "prevention." The incendiarist must gener­ Union. dock. It is the obvious place to smuggle goods ally get inside the building to set a fire. PREVENTION VERSUS CURE in or out, and workers can always blame an The same protective system which can guard No one should sit back and wait for gov­ outsider. Let's take a tour of the shipping against thievery keeps the incendiarist out. ernment to solve all the problems. Because dock of a hypothetical company which has Moore's prime admonition echoes that of it won't happen. It is to your great advantage a long-standing theft problem, looking at other security experts: top corporate man­ financially to act to prevent thefts from ever what's wrong: agement must recognize the magnitude of taking place. Once the goods are stolen you The first thing we notice as we walk into the problem and take a forceful hand in can begin counting time and money down the shipping area is that no one notices us. combating it. the drain, whether you catch the culprit or Trespassing is apparently permitted. Nice to SECURITY EQUIPMENT not. Remember the adage, "An ounce of know they trust us. Watch where you're Hopefully, the information presented thus prevention is worth a pound of cure." walking because there are pallets, trash and far in this article has obviated any further The one idea that security experts unani­ down equipment strewn everywhere. Do you need to persuade you to take a hard look at mously endorse above all else is that where wonder if anything might be concealed in your own security and not let your purse there is a commitment to security at the this mess? You should, because here comes rule your common sense. Be provident, but top, the results will show on the bottom a trash removal vehicle into the dock to do not attempt to economize on security. line. As was noted earlier, employees account make a pickup. Could it be picking up some­ Whatever you save wlll just as surely come for at least 85 percent of all theft. Such thing besides trash? out of your pocket somewhere else. Budget behavior flourishes in an atmosphere of lax Confusion reigns here on the dock. There for security, not for losses. security and easy bending of the rules at the appears to be no demarcated staging area. If you can afford it, hire your own secu­ top. Finished products are stored right on the rity specialist. Otherwise, contract with a The majority of employee thieves are dock. How does anyone keep an eye on all security agency for equipment and consul­ basically honest men and women. They steal this? Who is keeping an eye on it anyway? tation. You are far better off doing this than because "everyone else does it," and because The supervisor is talking with two truck attempting to purchase a system and hire "it's so easy I just can't pass it up." Change drivers in the middle of the floor. Another guards on your own. In fact, you may prefer the overall atmosphere, reverse the trend, driver is headed for the rest room. At least to avoid any dependency on guards. They and they will probably acquiesce. that's where he said he was going. are the weakest link in any system. You may find it helpful to spell out in That sound you just heard was a pallet The results of a Handling & .Shipping black and white just what is permitted as being dropped. Well, it doesn't seem to bother survey looking into safety and security sys­ prerequisites of the job. It may surprise you anyone, and the workers are busy collecting tems in distribution are reproduced here. to know that some of your workers probably all the "damaged goods." Here comes a guard These figures provide a picture of what consider it perfectly acceptable for them to have a little chat with the workers who equipment is in use to~ay and to what ex­ to help themselves to "damaged goods." are cleaning up the accident. It's nice to see tent. Consider this information when evalu­ Don't be completely negative in your ap­ the guards and workers are on such good ating your own operation with the idea of proach, though. Motivate your workforce. terms. Some of the dock workers have left investing in security. Where employee morale is high and loyalty a job of loading a truck to help out, but it's Generally, security needs break down into to the company esteemed, crime is not a okay, the driver can load his own truck. four areas. Every good system should have problem. Apparently the way we came in wasn't the equipment to meet these requirements­ The hard-core criminal in your ranks only entrance. Here comes a man in a door Outside: 1. Lighting, including :flood lights. poses a different problem. If you catch him marked "Emergency Exit Only." Funny thing, Thieves :flourish in the dark. 2. Fences, pref­ your reaction will be to dismiss him and no alarm sounded. But then you can't ex­ erably chain link topped with barbed wire. wash your hands of the matter. This isn't pect equipment to function all the time. Interface: 1. Controlled access. Require always so easy. In many instances a criminal Now he's going back outside. He probably badges, passes, photoelectric or human iden­ conviction will be necessary before you can forget something-the employee parking lot tification to gain entry. Set up several check­ fire an employee. And seeing that through is right next to the building. points. Some combination of human . and is likely to involve considerable time, money That well-dressed gentleman fueling up electronic control is best. 2. Limited access. and effort. his Cadillac at the company pump doesn't Seal off all non-essential entrances and exits. Nevertheless, a get tough policy is best in look very happy. He is the company president. Bar windows, lock entrances, and equip both the long run. Many distribution managers Right now his insurance costs and claims are with alarms. Consider dock shelters to seal are too quick to throw up their hands and up and his orders are down. All this and loading areas when in use. live with larceny-even if it means bank­ now his controller just told him the com­ Inside: 1. Observation. CCTV monitors and ruptcy. This is no solution. Make improve­ pany is operating in the red. He just can't a portable communication system greatly ex­ ment of the judicial system and law enforce­ figure it out. tend the powers of a small guard force. ment agencies a company priority. Work fc:ir THE WORST DISASTER Various sound wave and electronic eye de­ it through civic and trade organizations. Theft and damage losses can slowly bleed vices can detect unauthorized movement. In­ THE LOGISTICS OF CRIME a company white. These days, however, a stall more than one type of system. 2. De­ Looking at the crime in distribution pic­ growing number of companies are succumb­ terrence. A trained dog is a valuable deter­ ture, the critical points in the process are ing to a swifter death-the result of incen .. rent. Also effective is a prominently-displayed the points of transfer. Losses are most likely diary fire. sign that says: "This Property Protected to occur when goods transfer from depart­ "Incendiarism has become one of indus­ By-." 3. Fire protection. Sprinkler system. ment to department, from company to com­ try's major causes of fire loss," observes Proper type of fire extinguishers. pany, from vehicle to vehicle. Donald H. Moore, chairman and president of In-transit: 1. Railcars. Use seals and moni- 8532 EXTENSIONS OF REMARKS March 29, 1976 tor closely. Also, consider audio or silent "The thief is not going to go out and steal UNDERMINING SCHOOL AID alarms for car doors. 2. Trucks. Again, moni­ anything on the road," Bryan said. "Some­ tor the use of door seals. There is a device body's got to tell them what trailer to get now available called "Fuel-loc" which auto­ and what's in it. That's where the motor HON. JOHN BRADEMAS rna tically closes off the fuel line when the company employe comes in." OF INDIANA ignition is shut off. The authorized driver Bryan told of one case in which goods were can deactivate the device by flipping a hidden being stolen out of a sealed trailer. The com­ IN THE HOUSE OF REPRESENTATIVES switch. Another expense that may be justi­ pany began watching the trailer and noticed Monday, March 29, 1976 fied is having a second man ride "shotgun" a huge box being loaded on the truck each when transporting valuable cargo. Looking time it left the terminal. Mr. BRADEMAS. Mr. Speaker, I insert towards the near future, DOT is experiment­ Law enforcement officials were called in, at this point in the RECORD an editorial, ing with a small transponder that would be and when the box was opened, not only were "Undermining School Aid," from the hidden in cargo and could be traced by the the stolen goods found, but the thief himself March 8, 1976, New York Times, in which signal it emits. Officials see a great potential. was inside the box. President Ford's recent school aid pro­ FAll.-SAFE Bryan said after the box was loaded into the truck, the man escaped through a trap posal is, quite properly, sharply criticized. A good security system is one that is door, filled the box with radios and other The editorial follows: virtually fail-safe. If one guard is overcome, goodies and then concealed himself again. UNDERMINING ScHOOL AID if one alarm is successfully bypassed, a good Bryan also told of cases when a tractor In the now familiar jargon of the war system wlll still be viable. would hook up to a trailer. against Washington, President Ford has told In looking at these operations that boast "We know what the problem is," Bryan Congress that his new school aid bill would perfect records in crime prevention, one sees said. "We're on top of it, but proving it is "allow people at the state and local level to the advantages of installing a complete sys­ another thing." stop worrying about entangling Federal red tem. A potential intruder should have to A security method tried in New York, tap and turn full attention to educating our bypass at least three discreet systems before where Bryan said the theft problem 1s worst, youth." he reaches the actual goods. Combine elec­ uses identification markings on the tops of The way this is to be accomplished is by tronic alarms with sound wave detectors and truck trailers than can be viewed from a heli­ consolidating 24 existing Federal aid pro­ photoelectric eyes to cover your operation copter. grams into a single block grant to be used like a blanket. The identification numbers helped cut at the state's discretion. It is an educational The initial cost may be high but such ex­ down on theft in New York by allowing adaptation of revenue sharing. penses can be amortized over three, five, even police helicopter patrols to quickly locate The benefits of that liberation from Wash­ ten years. Invest wisely. Don't close your a. hijacked or stolen vehicle, Bryan said. ington, Mr. Ford suggests, would make up eyes to the hazards of doing business in the Other security measures used by trucking for the fact that, considering inflation, he modern world. An investment in and a com­ companies include a cargo alert system, in is proposing an actual reduction in aid dol­ mitment to security is one of the wisest which the dispatcher can alert law enforce­ lars. Even the projected rise for each of the moves a company can make. ment officials by radio, and requiring person­ subsequent two years would barely bring nel to sign in and sign out cargo at termi­ the total back to last year's level in pur­ nals. chasing power. CONSUMER PAYS INCREASED COST OF CARGO Fences and security guards can also help THEFTS The existing aid categories range from spe­ cut losses Bryan said, but he cautioned that cific funds for the distadvantaged, which at (By Janie Paleschic) just because a guard "has a badge and a gun, present constitute almost two-thirds of the Theft of freight from trucks, airplanes, doesn't mean he's Mr. Clean." total aid package, to a variety of programs trains and off docks cost the Texas econ­ Containerization of cargo has helped air­ for the handicapped, adult education, li­ omy millions of dollars. The loss affects the lines and airports cut down on loss to theft, brary resources, work study projects, etc. consumer, who ultimately pays for the du­ and companies also propose to control egress While it is true that the President's pro­ plication of cargo, the insurance costs and and ingress of trucks in to the cargo areas posal requires 75 percent of all Federal funds transportation. with a computer identification system. to be directed to the needs of the educa­ u .s. Rep. J. J. "Jake" Pickle estimates that Since many rail thefts occur while the tionally deprived and handicapped, this if these additional costs are considered along trains are in motion, they are difficult to would not prevent states and localities from with the value of the stolen goods, the ac­ control. Security personnel have been in­ eliminating entire categories which were de­ tual loss to the nation's economy through creased. signed specifically to aid the disadvantaged. truck cal'IJO theft alone was $4 billion last Goods are often stolen from a moving While the new legislation contains the threat year. truck, also, Bryan said. The thieves ride on of a "flexible penalty provision" to prevent President Ford was more cautious in his the hood of a car following the truck, espe­ states from shortchanging the needy, this estimate in a 1975 executive order designed cially one with roll-up type doors. After looks like a merely pro forma warning as it to increase the effectiveness of the trans­ the door to the trailer is open, the goods is difficult to see how the new Federal moni­ portation cargo security program. are thrown out behind. toring apparatus would differ from the pres­ "The total cost of theft-related cargo losses The U.S. attorney in Houston has con­ ent inadequate one. from the nation's transportation system is ducted security workshops which have been The existing aid program is not sacrosanct. now estimated to be. in excess of $1 billion helpful, Bryan said. Specific categories call for periodic review, dollars annually," the order states. "These The transportation department is conduct­ modification or replacement by newly per­ losses seriously erode industry profits, result ing studies to identify weaknesses in cargo tinent ones. Excessive red tape should ob­ in higher prices for consumer goods and pro­ security, and reports from 15 target or "cam­ viously be eliminated. vide support for unlawful activities." paign" cities, including Houston and Dallas­ But the fact remains that the categorical In 1973, the U.S. Department of Transpor­ Fort Worth, are due to President Ford March approach was rendered necessary in the first tation reported that 85 per cent of the thefts 31. place by local and state insensitivity to the of freight carried by trucks, air and ships The position of the department is that needs of the poor, the minorities and the were inside jobs, while rail thefts were usu­ shippers and receivers should be given the urban centers as well as by an inherent ally committed by trespassers. opportunity to control the problem volun­ reluctance to innovate. The prevailing mood Jack C. Bryan, director of safety main­ tarily before federal legislation and regula­ of retreat from liberal social reforms suggests tenance and security for the Texas Motor tion should be considered, according to an that this is the wrong time to diminish the Transportation Association, said more than order dated July 25, 1975. Federal responsibility. 90 pe.r cent of thefts from trucks are car­ However, Pickle has introduced legislation Ironically, the least defensible categorical ried out with the help of a company em­ (HR 10473) that would require the depart­ subsidy-"impact aid" for school districts ploye. ment to promulgate regulations on proper containing large numbers of children of Bryan would not give an exact figure for packaging of cargo, loss reporting, documen­ Federal employees-would be retained as a loss from theft in Texas, saying current fig­ tation and labeling and personnel identifi­ sweetener for those in Congress who have ures are inaccurate because mistaken short­ cation for \,he security and safety of property. always liked this largely obsolete pork bar­ ages are counted with thefts. Bryant did The bill would also establish civil fines rel. say the loss was in the millions of dollars. for each violation of the regulation at $2,500 As Congress considers the probable con­ Television, radios, cigarettes, whiskey, per occurrence, with a cumulative fine of no sequences of Mr. Ford's new federalism ap­ clothing and electronic equipment are most more than $10,000. plied to education, it would do well to re­ often stolen and the "thieves know which The Bureau of Motor Carrier Safety, as part view an analysis of how "block grant" funds trailer to go after," Bryan said. of the President's National Cargo Security have been used since 1972, based on study Dispatchers, drivers and even security per­ Program, plans to conduct a 500-ca.rgo secu­ of some sixty communities throughout the sonnel have been found to be involved in rity survey in the 15 campaign cities, which South, and first published by the Carnegie stealing goods, usually working with some­ will include tours of companies and ques­ Corporation of New York. one on the outside. tionnaires. The study reveals that newly won freedom March 29, 1976 EXTENSIONS OF REMARKS 8533 from Washington has frequently been turned crastination on both sides of the bench, a courts must be used to streamline the sys­ into a.n opportunity to scuttle social pro­ malaise Judge Mills views as the most dis­ tem, and the state legislature must assist, grams. Contrary to the romantic picture astrous and unfortunate occupational hazard too." painted by Mr. Ford, no-strings allocation of in the legal profession. As a start, M1lls recommended taking all funds, instead of giving people greater op­ "To defer, delay, postpone, put off, pro­ but the most serious traffic offenses out of tions to run their local affairs, have (in the long, protract, and retard the day-to-day the criminal justice system and assigning words of the report) "helped insulate govern­ business of either the law office or the bench them to administrative hearing officers. ment from citizens." It has enabled local is to throw a well-aimed monkey wrench This, he said, would make more judges politicians to decide how to spend money into the machinations of legal process, doing and more courtrooms available to ease the without regard for public opinion. a disservice to those whom we serve, the burden of already overcrowded court dockets. Such disregard of social needs and respon­ clients and the taxpayers," Mills declared. But most of all, he continued, lawyers and siblllties is deplorable in any area of public "Attorneys and judges need to spend a judges must observe the rules of punctuality financing; it is a matter of extreme concern bit more time being more productive if the so procrastination does not become an en­ in education, which remains indispensable courts are ever to clear up the logjam of during disease in the courts system. to all efforts to erase injustice and alleviate cases existing in some of the nation's major "The average citizen, who after all is the poverty. The Nixon Administration initiated urban centers." very purpose of our existence and the direct and President Ford is trying to perpetuate A jurist who has presided in both the more recipient of our services, cannot understand the line that pinpointed attack on the breed­ leisurely precincts of Downstate Dlinois a.nd why the law requires so many delays and an ing places of discrimination and deprivation the hectic courtrooms of Cook County dur­ imposition on his time and, therefore, his is a futile or improper Federal activity. ing a 10-year judicial career. Mills has excel­ money," Mills said. This is an ideological distortion contra­ lent credentials for his commentary. "Procrastination a.nd punctuality are in­ dicted by the evidence. It leaves the Presi­ '•Some judges start work at 10 a.m. and herent enemies. Neither can survive in the dent's school aid proposal fiscally inade­ take a two-hour lunch," he said. "Then they presence of the other." quate and strategically ill-conceived. work until 4 p.m. For a five-day week, that amounts to a 20-hour week. "There's a good deal of that. And that is not fair to the criminal justice system or the AFFIRMATIVE ACTION ILLINOIS' JUDGE MILLS CALLS FOR taxpayers." Mills also had critical words for lawyers SPEEDIER JUSTICE AND HARDER who delay the administration of criminal WORK IN COURT justice. Too many, he said, have an atrocious HON. PHILIP M. CRANE on-time performance that frustrates order­ OF n.LINOIS liness-the very essence of legal training. IN THE HOUSE OF REPRESENTATIVES HON. ROBERT H. MICHEL He saw much of this during the 13 two­ to three-wtlek stints he served in the last Monday, March 29, 1976 OF ll.LINOIS nine years in the civil and criminal courts of IN THE HOUSE OF REPRESENTATIVES Cook County. Mr. CRANE. Mr. Speaker, what would Monday, March 29, 1976 "It is really a different ball game up there happen if a top professional basketball because of the volume," he said, "I stand team were ordered to take affirmative Mr. MICHEL. Mr. Speaker, in a recent in awe of the men who sit on the bench action to make sure its racial composi­ column in the Chicago Tribune, writer there. It is an unforgettable experience for tion reflected that of all basketball play­ Bob Wiedrich delved into a very inter­ a downstater to come there the first time. ers in the surrounding area? esting topic in an interview with Judge "Obviously, I couldn't change it. But I The quality of the team's performance Richard Mills of the Illinois Eighth Judi­ saw constant delay and the difficulties of dis­ posing of cases. It was like a gigantic hour­ would decline, some outstanding players cial Circuit. glass with each case a grain of sand filtering would never get a chance to make the Their concern is the intolerable level through the system. squad, and fans would stay away in of delay in our judicial system, and "It could take all day sometimes to locate droves. Mills comments put the blame not on both sides in a case on the day they were Fortunately, affirmative action has not mere size or volume or legal complexi­ supposed to go to trial. Theoretically, they yet reached pro basketball. We can still ties. He says at least part of the problem were supposed to be ready, but often they appreciate the skills of Chet Walker, Bob is people. were occupied elsewhere. Love, Walt Frazier, Earl Monroe, Kareem "Some judges start work at 10 a.m. "I often got the feeling some of them weren't even acquainted with th.e case they Abdul Jabbar, and many others who have and take a 2-hour lunch," he says. were handling. Some were not even familiar earned the right to play through their "Then they work until 4 p.m." with a case until the night before the trial. own abilities and not through some arti­ And Mills has just as little patience "Granted, there is a limited number of ficial mechanism. with lawyers, noting that many have trial lawyers available in relation to the In many different areas of American atrocious ontime performance records. number of cases. However, the delays im­ life our traditional idea of individual­ Judge Mills' observations are worth peded the fl.ow of speedy justice. Too often ism--of each man going as far as his paying attention to, for when procrasti­ you practically shot the whole day just rounding up the participants." ability and hard work will take him-is nation and delay become the rule of the Mills believes prompt and orderly imple­ under attack. day, justice surely suffers. mentation of the law would make things We are confronting a call for special To the extent that the problem results easier for those serving on the legal stage. privileges for those who are members of from failings in the system, then the sys­ Permitting legal matters to simmer and groups, such as blacks and women, which tem ought to be repaired. To the extent, stew over extended periods, he said, often in the past suffered special discrimina­ however, that it results from a lack of causes them to boil into unmanaegable pro­ tion. Those who urge such special t"reat­ diligence on the part of judges and law­ portions, to become blown totally out of pro­ ment, usually called "affirmative action," yers, we need to serve notice that such portion. Both lawyers and judges can more easilJ are undoubtedly well-intentioned. They dereliction will not be tolerated. cope with problems if they handle them im­ desire to provide equality of opportunity We hear much in our times about the mediately, instead of permitting them to in the long run by giving special p;ivi­ decline of the work ethic. Can it be mildew with age, he said. leges to some in the short run. What that this disease has infected the bench "Judges who in Solomonllke pomposity they fail to understand is that the poli­ and the bar as well as the back alleys of clutch a matter in advisement 'to the bosom cies they are advancing may do so much our urban ghettoes? of Abraham' simply postpone the inevitable damage in the short run that the long The article f9llows: to a future date when the memory of what transpired has faded into oblivion," Mills run may never be reached. WHEELS OF JUSTICE NEED SPEEDING UP said. As a former college professor and (By Bob Wiedrich} "None of us down here are pushed," he headmaster of a private school, I am Unless judges and lawyers start minding said of the 11 circuit judges and four as­ acutely aware of the damage caused by the store, procrastination could spell the sociate judges on the bench in the eight­ "affirmative action" in the academic doom of the American system of criminal county area he serves from the Cass County community. Tom Wicker, writing in the justice. seat in Virginia, Ill. "None of us have the New York Times of June 30, 1974, dis­ Judge Richard Mills of central Dlinois' 8th problems faced by our colleagues in Cook Judicial Circuit maintains promptness and County with the tremendous volume of cases cussed a study compiled by Dr. Richard dispatch should be legal virtues. with which they must cope. A. Lester of Princeton as a result of the Instead, these disciplines have been sub­ "However, if these problems are to be Carnegie Commission's investigation of ordinated in too many courtrooms by pro- overcome, the rulemaklng authority of the higher education. Wicker wrote: CXXII--539-Part 7 8534 EXTENSIONS OF REMARKS March 29, 1976 [This study] concludes that "afilrmative blacks, this means perpetuating racism in­ curred substantial expenses, merely to action" by colleges and universities to hire stead of allowing it to die a natural death. carry this "burden of proof." It is ironic blacks and women is lowering academic standards, elevating unqualified persons be­ The faculty employment situation is that requirements of this nature contra­ yond their abilities and discriminating not the only aspect of the academic com­ dict the time-tested legal precedent that against white men of higher qualification. munity to suffer the consequences of one is "innocent until proven guilty." "affirmative action" programs. The ad­ The example of A.T. & T. is illustra­ The original intention of the 1964 Civil missions process for most colleges and tive of this problem. In the last few Rights Act, from which the primary au­ universities are now employing some years, A.T. & T. has had to pay out some thority for "affirmative action" is derived, method of special consideration for the $75 million as a result of disagreements was to abolish all preferential treatment admission of minority students. with the EEOC and just recently nine in the hiring and firing of employees. In 1973, the U.S. Supreme Court agreed steel companies, along with the United Section 703 (j) of the act indicates clear­ to consider one of the challenges to the Steelworkers Union, agreed to a settle­ ly that there is to be no preferential reverse racism being imposed by so many ment with the Government that will cost treatment afforded in employment prac­ university admissions departments. The them upwards of $60 million. tices. Yet the regulations and laws which challenge came from a white graduate of As a consequence of these settlements, have grown out of this initial legislation the University of Washington, Marco De­ A.T. & T. now gives its equal employ­ rely on just such preferential treatment Funis, Jr. In 1969, when he was a senfor ment officer a budget of one-half million practices to enforce the ultimate goal of at the university with a near-A average dollars a year and reportedly spends an "equal employment opportunity." and on his way to a bachelor's degree, additional $3 million per year to collect Consider several examples. A letter magna cum laude, he applied to the law the data necessary to file the required sent from Claremont Men's College in school. He was rejected. He discovered progress reports with the EEOC. California declaring that it "has a va­ that 39 other applicants, all members of A.T. & T. is not alone; Pfizer, Inc. cancy in its-department as a result of racial minorities with law school apti­ spends over a million dollars a year just retirement" states that, "We desire to tude test scores lower than his, had been to fill out the required forms, a figure appoint a black or Chicano, preferably admitted under the school's program to many other firms reportedly match. female." Or another letter from the De­ expand minority enrollment. Celanese Corp. had two suits filed partment of Philosophy at the University DeFunis charged discrimination, con­ against it by employees and its legal fees of Washington stating that it "is seek­ tending that the law school had two sets were estimated to be anywhere from ing qualified women and minority candi­ of admission standards and that he thus $100,000 to $300,000. Moreover, if a com­ dates for faculty positions at all levels." was deprived of equal protection of the pany loses, the costs can be astronomical, Instead of ending discrimination based laws guaranteed by the 14th amendment. with back pay awards running into the on race, sex, or ethnic background, "af­ The university conceded that it applied millions of dollars. firmative action" now began enforcement the quota system to achieve a "more bal­ Ironically, those who collect from these on the basis of race and sex and ethnic anced" student body. It claimed that the suits are likely to be hurt by them in the heritage. law school had the right to decide long run, because fear of future suits is In fact, the Department of Health, whether its overall quality would be im­ tying large amounts of capital that could Education, and Welfare was asking uni­ proved by a larger percentage of minor­ otherwise be used for things such as plant versities to keep the very racial and ity students. It admitted that it had one expansion which, in turn, could produce sexual statistics which were, in many admission standard for whites and an­ badly-needed jobs in these difficult eco­ instances, forbidden by State and anti­ other for minorities. nomic times. However, with the situation discrimination laws. As a result, the of­ The Washington Superior Court ruled being what it is, company managers can­ fice of Civil Rights has forced a number for DeFunis and he was admitted to the not afford to take any chances, so hiring of schools into such odd circumstances State law school. The university appealed and promotion programs are being al­ as judging racial or ethnic origin by to the supreme court, which reversed the tered to fit the existing circumstances. analyzing the name or physical appear­ decision, ruling that the law school had Evidence that reverse discrimination ance of a professor. For this reason, a right to consider race as a special factor is becomingly increasingly prevalent can there has been great emphasis on candi­ in admitting minority students. Since be found as some of the victims begin to dates with "Spanish and Indian sur­ DeFunis was permitted to remain in law fight back. Just recently, the New York names," visual surveys of faculty and school while his case was appealed to the State Division of Human Rights over­ similarly unusual and unorthodox means supreme court, he had already gradu­ turned the appointment of a female high of analyzing and evaluating a collegiate ated by 1973, when the supreme court school principal from Puerto Rico and teaching staff. agreed to hear his case. On the narrow ordered her replaced by a white New Even if "affirmative action" were to legalistic ground that this particular case Yorker on the grounds that the latter have worthwhile goals, which is not a had been resolved, the court did not make was far better qualified. statement I accept, the minority group any substantive decision. Thus, reverse Likewise, the New York Supreme Court members who benefit from these policies racism in university admissions contin­ recently ruled in favor of seven white should, and do, resent the implication ues, and the constitutionality of this men who claimed they were better quali­ that they do not have the competence to practice remains unresolved. fied than three Hispanics who had been be successful and that, therefore, they The academic community is not the hired previously by the Suffolk County, must be handed what they are unquali­ only sector of our society affected by af­ N.Y., Police Department. fied to earn competitively. The suspicion firmative action" requirements. Despite Along the same lines, the Virginia will always be present in their minds, memorandums issued by the Department State Legislature, in response to a con­ and in other's minds that their successes of Health, Education, and Welfare which troversial Fairfax County, Va., policy of may be due to special privileges and op­ indicate that no one should be hired who hiring minority group members for their portunities rather than talent, compe­ is less qualified than another applicant, police force in order to reach a certain tence and hard work. Thomas Sowell, a regardless of sex or race, the Equal Em­ quota, nearly passed a bill outlawing the black economist from the faculty at ployment Opportunity Commission has use of quota hiring systems. UCLA, wrote, in an essay entitled " 'Af­ issued a 158 page document, entitled "Af­ The fear of reprisals is evident in a firmative Action' Reconsidered," that- firmative Action and Equal Employ­ very recent example from the school If the "afilrmative action" program were ment," which warns that- system in New York City, where 79 school merely inane, futile, and costly, it might If a statistical survey shows minorities and principals have refused to release ethnic deserve no more attention than other gov­ females are not participating in your work data about their staffs and pupils. The ernment progralllS of the same description. force at all levels in reasonable relations to State education department claims that But it has side effects which are negative their presence in the population, the burden the information is necessary for a "sur­ in the short run and perhaps poisonous in of proof is on you to show that this is not vey" of the ethnic backgrounds of school the long run. While doing little or nothing the result of discrimination, however inad­ to advance the position of minorities and vertent. staffs and the city board of education's females, it creates the impression that the pupil census. The school principals' union hard-won achievements of these groups are As a consequence of warnings such as opposes the survey and the release of conferred benefits. Especially in the case of these, business and corporations have in- the data, arguing that the data could, March 2'9, 1976 EXTENSIONS OF REMARKS 8535 and probably will, be used to set up standards and establishing regional Under the bill, States are permitted to ethnic quotas for supervisory positions. planning mechanisms. enlarge the end uses to which their low­ The 1964 Civil Rights Act made it There are few issues of more vital con­ est rates apply, or adopt some alterna­ clear that there should not be any dis­ cern to my constituents than the con­ tive means--such as energy stamps--for crimination on the basis of race, creed, tinuing upward spiral of electricity alleviating the burden on low- and ·mod­ color or national origin; yet, now we prices. The Long Island Lighting Co. this erate-income consumers of high elec­ have an agency created by that same year applied to the New York State Pub­ tricity costs. act, the Equal Employment Opportunity lic Service Commission for a 15.6-per­ C. THE FUEL ADJUSTMENT CLAUSE Commission, pressuring employers to cent rate hike in 1976. If approved, the During 1974. more than $4.6 billion in hire and promote people on that very hike will increase the typical customer's extra utility fuel charges were passed basis. The power and influence of this bill by nearly 10 percent in the winter, along to the Nation's electricity consum­ Commission is evidenced by the above and by more than 25 percent in the sum­ ers through fuel adjustment clauses. examples. , mer. This action came shortly after the These clauses have enabled utilities to Many in today's America argue that company had been granted a 21-percent gain automatic increases in circumven­ "society"-not the individual-is respon­ increase. tion of normal procedures and have en­ sible for all actions. They also argue that The situation is typical. In 1974, more couraged wasteful spending by those util­ the goal of the body politic is the than 200 rate increases totaling more ities, who know that they can pass along achievement of "equality"-not the tra­ than $2.2 billion were granted nationally. all of these expenses to the consumer. ditional idea of equal opportunity, but This was double the 1973 totals. More Under this bill, increased fuel expenses the opposite notion of equality of condi­ than 100 additional rate increase re­ and other expenses may be passed on to tion. The American heritage has tradi­ quests are currently pending in State consumers without formal ratemaking tionally been that of personal liberty­ utility commissions, totaling more than proceeding only to the extent that such and the heavy burden of work which $4 billion. expenses have increased by more than accompanies such liberty-that gave the The burden of these increases, not sur­ 5 percent, and then only 85 percent of . ordinary American the freedom and in­ prisingly, has fallen hardest upon those the excess may be passed on. Moreover, centive to excel. The American dream least able to afford it. The rate increases the bill requires utilities to shop for the and ideal remains the creation of a so­ have operated like a regressive tax, pun­ cheapest price and provides for an annu­ ciety in which each man and woman, ishing those of low- and moderate­ al audit of such expenditures. regardless of race, religion, or ethnic income most severely. D. CONSTRUCTION WORK IN PROGRESS origin, can go as far as his or her ability A. PEAKLOAD PRICING Under this bill, construction work in will provide. The entire notion of quotas, One of the most significant problems progress will be excluded from the rate whether the old-fashioned quotas which addressed by this bill is the current sys­ base until all of the requirements of title excluded minority group members, or tem of peakload pricing. Utility rates II have been met; at that time, inclusion the current variety which provides them typically decline with increasing usage of two-thirds of those costs is authorized. with special privileges, is in opposition and provide discounts for heavily con­ The bill will not affect facilities currently to that tradition and to that dream. suming markets. The inevitable result of under construction. America, during this Bicentennial these promotional rates is to stimulate E. OTHER PROVISIONS Year, must remember the principles of demand, especially peak demand. Pro­ Among the other provisions in the bill individuality and freedom which have 'jected increases in demand lead to plans are sections which: brought it to its current greatness and for new plant construction, which re­ Assure consumer representation at must not turn its back upon these ideals quire still more rate increases. Moreover, State and Federal utility regulatory pro­ in an effort to create a society in which because powerplants must be built to ceedings; groups, and not individuals, have rights. l!leet peak demand, not average demand Require that utility stockholders, If America is to do so, the entire dream they have been forced to acquire a great rather than consumers, pay for political, of a free and open society will have deal of excess capacity. Last year about promotional, and institutional advertis­ been defeated. 51 percent of the Nation's electric gen­ ing; erating capacity was idle. Establishes a $40 million grant assist­ By reducing peaks, rather than en­ ance program for State regulatory com­ couraging them, we can continue to meet missions to improve their staffs and en­ ELECTRIC UTILITY RATE REFORM consumption needs without bleeding the able them to demonstrate effective rate AND REGULATORY IMPROVE­ consumers dry. We must require those structures; MENT ACT customers, and I mean all of those cus­ Requires State regulatory commissions tomers, who produce peak loads to pay to institute cost-effective techniques to the cost of meeting them. We must reduce peak electricity loads, thereby re­ HON. THOMAS J. DOWNEY abolish promotional and discount rates. ducing the need for costly new plants; OF NEW YORK The Federal Energy Administration has Requires that the Federal Power Com­ estimated that by 1985 as much as $120 IN THE HOUSE OF REPRESENTATIVES mission develop powerplant reliability billion in new generating capacity con­ standards, and requires utilities to de­ Monday, March 29, 1976 struction could be a voided by such cost­ velop quality control plans to increase Mr. DOWNEY of New York. Mr. of-service pricing. the reliability of existing powerplants; Speaker, I am today joining with my Title II of this bill would require that Requires filing of advance plans for distinguished colleague. Representative electric rates reflect costs of service to future powerplant sites. JOHN D. DlNGELL, in the introduction of each customer. Under the bill, methods Mr. Speaker, this legislation is de­ the Electric Utllity Rate Reform and of determining costs of service must be signed to inject some logic into our sys­ Regulatory Improvement Act. based on marginal costs during daily and tem of electricity pricing. It will provide This legislation would revise the man­ seasonal time of use. Declining block some desperately needed relief to low­ ner in which electricity is priced to resi­ rate under this legislation are prohibited, and middle-income taxpayers. It offers dential, commercial, and industrial cus­ unless specifically justified by declining us a means of carefully evaluating our tomers. It has been introduced in an ef­ costs of service. need for construction of new powerplant fort to assure that supplies of electric B. "LIFETIME" QUANTITIES OF ELECTRICITY facilities--construction which places an power in the future will be adequate, re­ Residential customers of a utility are immense financial burden upon consum­ liable and above all reasonably priced. entitled to a rate for a "subsistence ers and which contributes to the further Its purpose is to minimize energy con­ quantity" of electricity-that are deter­ deterioration of our environment. It will sumption, to minimize the need for new mined to be necessary for lighting and put an end to pricing schemes which un­ generating capacity and to provide for refrigeration--equal to the lowest rate fairly discriminate against residential reasonable rates to consumers. In addi­ which the utility charges any other re­ customers and obstruct our efforts to tion, this bill seeks to increase efficiency tail customer. This bill would provide conserve energy. in the electric industry by encouraging this needed relief to residential custom­ I urge my colleagues to support this competition, prescribing reliability ers. measure. 8536 EXTENSIONS OF REMARKS March 29, 1976 U.S. INTELLIGENCE telligence community well before the Water­ tivity-covert action in support of foreign gate circus. This was the breakdown of policy-are too hazy. self-discipline in government and press on It is hard to trace responsibility upward security matters. It had become exceedingly from the CIA to national authority. However, HON. BOB WILSON difficult for the U.S. government to keep a it should be abundantly clear that the in­ OF CALIFORNIA secret. telligence agencies did not undertake the IN THE HOUSE OF REPRESENTATIVES For decades the government had relied for operations criticized by the cominittees on security of state secrets on a sort of honor their own initiative. The finger of respon­ Monday, March 29, 1976 system in the legislative and executive sibllity points at those in ultimate power Mr. BOB WILSON. Mr. Speaker, under branches of government. Bureaucrats en­ over national security affairs. leave extend my remarks in the REc­ trusted with sensitive classified information The Church Committee's report on alleged to guarded it out of a sense of duty. assassination attempts, despite carefully ob­ ORD, I include the following: All this changed in the late sixties and scure treatment of presidential responsibility, [From the San Diego Union, Mar. 21, 1976) early seventies. cannot exonerate presidents and their key U.S. INTELLIGENCE AT THE CROSSROADS: SECRET The rise of the anti-establishment syn­ political advisers--even those who were the CANNOT BE KEPT drome stripped away the tacit restraints political allies if not heroes of the report's (By Lt. Gen. Daniel 0. Graham) which had made the system work. Govern­ drafters. No intelligence officer, civilian or Inilita.ry, ment and ex-government people lost all If, as Senator Church has stated, assassina­ can view with equanimity the damage done compunction to guard a secret if blabbing tion of a foreign leader such as Fidel Castro in the past year to U.S. intelllgence. it to the press offered personal, bureaucratic is "utterly alien" to the American way, was Congressional investigations, sensational or political advantage. it President John F. Kennedy who was acting media treatment and "insider" exposes have Some individuals actually reversed the old in an "utterly alien" fashion, or some lesser combined to paint U.S. intelligence agencies feelings of obligation to keep secrets and figure in CIA? The notion that the CIA would as generally evil and sinister, at best inept felt themselves duty bound to reveal them decide to assassinate the CUban dictator and and often ridiculous. out of a sense of superior morality; Daniel keep the White House in the dark about it is The damage done is enormous, though Ellsberg and the famous Pentagon Papers preposterous. hard to quantify publicly. Were intelligence was a case in point. The danger which Congress uncovered, agencies to try, they would only compound Of course, not all the blame for damage then, was not that of a "rogue elephant" CIA the damage. If they enumerate sources lost, done to the intelligence community from unilaterally perpetrating wickedness; it was they will lose more; if they spell out serious the breakdown of security can be laid at of a fuzzy chain of responsibllity for in­ morale problems, morale will erode even the feet of the press. telligence actions. further. Too many bureaucrats have slapped "Se­ Much of the hurrah coming out of con­ The morale problem is serious. Men and cret" and "Top Secret" labels on ~natters gressional inquiry and the public media has women, civilian and Inilitary, who have which do not deserve such protection. The to do with the techniques of intell1gence. proudly devoted a large part of their lives to labels go on simply because the office or There is much pious tongue clucking about the intelligence profession, are faced with a bureaucrat concerned does not want the the CIA's use of journalists and businessmen barrage of accusations against themselves matter to be too well known. Some of it in intell1gence work, affiliation with and fi­ and their superiors which paint them as is sheer administrative sloppiness or laziness. nancial support to oversea churchmen and fools, if not the agents of utter wickedness. Documents remain classified long after the missionaries, planting false stories in the The intelligence "heroes" on the current need to protect "sources and methods" has foreign press, and so on, it seems ad infini­ scene are those who break their oaths and for passed. Intelligence agencies are particularly tum. profit, ego, or even vengeance, vilify their reluctant to put out papers with no classifi­ Today there seems to be no better peg for embattled former colleagues. cation stamp on them. a news item than exposition of some new Disillusionment, frustration and bitterness One wag at CIA said that the only un­ allegation of wickedness on the part of CIA. are common among intelligence profes­ classified papers put out at Langley were . Much of this neo-piety on the part of the sionals. the paychecks and they would be classified press is sheer hypocrisy. U.S. intelligence Senator Frank Church and Representative if a secret bank could be set up to cash agents cannot function effectively using the Otis Pike, meanwhile, have made pious them. It is hard to convince a newsman that Guide Book for Girl Scouts as an operatin~ speeches about the continuing need for in­ he should respect a classification stamp if manual. telllgence, but they seem unable to resist the he has seen it too often on trivia. One hears and reads a lot of inane argu­ urge to defame intelligence people-and en­ Another complicating factor in the leak ments involving demands to continue or danger their lives-if it seems politically ac­ problem is the tendency of some key officials abolish certain intelligence techniques on ceptable to do so. to try to manipulate the press by passing the basis of similarity to KGB practices. It Senator Church insisted on publishing his selected tidbits to favorite newsmen. Given makes no more sense to demand the out committee's findings on alleged CIA assassi­ the nature of the relationship of press to Iawing of an intelligence practice becaustt nation attempts despite the strong and co­ government in this country, it is doubtful the KGB uses it than it does to demand that gent pleas of W1lliam Colby that the naining that this practice will ever cease completely, all practices allowable to the KGB should be of large numbers of CIA men and their con­ and sometimes the deliberate disclosure of allowed to U.S. intelligence agencies. · tacts would put their lives and well-being in intelligence information (not sources) to The thing to bear in mind about the KGB jeopardy- a warning that came tragically the public is a positive good. The problem (and its counterparts in other Communist true in Greece, where a CIA man was assassi­ is that the practice can easily get out of countries) is that it represents the opposin~ nated. Church could have published only the control. team in a deadly serious game which the findings without all the masses of detail con­ It happened recently with a series of leaks United States can forfeit only at great peril taining the names of the men involved. What and counterleaks about Soviet compliance to free men everywhere in the world. purpose was served by this exposure? with arms control agreements. Further, while The KGB prides itself on operating under Well, the basic findings were pretty dull leaks of information by a top official are gen­ the frankest of amoral codes, the creed of reading. CIA, it turns out, never assassinated erally protective of intelligence sources, they the Chekist. Absolutely anything goes--sex, anyone. The closest they ever got was pro­ cause some newsmen to look up their less bribery, blackmail, terror, torture, and mur· viding the means to anti-Castro Cubans. discreet contacts to find out what the in­ der are to the KGB legitimate tools of the But the suggestive details of the testimony telligence sources were. A news item men­ trade. given were much more likely to tit1llate the tioning "satellites," or "communications in­ No responsible U.S. intelligence officer has press than were the bare findings. tercepts" always has a bit more credence and ever advocated operating under the KGB There is llttle doubt that such behavior much more pizzazz. The code word of the rules. But it is insane to believe that U.S. on the part of the congressional committees intelligence operation involved really adds intell1gence can have the slightest success has had a deleterious effect on intelligence, luster. against such an adversary if bound by Mar­ but to be fair about it, it must be said that Both babbling bureaucracy and irresponsi­ quis of Queensbury rules. we were having very serious trouble even ble press share the blame for the hemorrhage U.S. intell1gence operatives have the enor­ before the congressional investigations. They of leaks in the public media which have done mously difficult problem of doing a job which were, after all, a trailer to the Watergate grave damage to intelligence. is rarely possible within the normal Amer- affair. But the solution is not to determine who ican definition of "fair play." In clandestine The previous association of members o1 kllled Cock Robin; the solution is to make activity "fair play" could quickly result in the "plumbers" with CIA was an irresistible the laws of the land protecting its intelli­ the death of agents. lure to congressional investigators. The fact gence sources enforceable, and then enforce Now, there are good reasons for organiza­ that the Watergate investigation revealed them. Until this is done, the United States tional change in the U.S. intelligence appa­ remarkable resistance on the part of CIA to wlll remain a powerful giant, gradually going ratus quite independent of the congressional pressures from the White House sta1f and blind for lack of intelligence information. inquiries. These reasons were scarcely illu­ that General Vernon A. Walters, CIA Deputy After all the smoke of sensationalism and minated by the Cominittees, but are at least Director, offered his head on a platter rather political posturing is cleared away, one or two as important as the need to correct or fore­ than involve the Agency, never seemed to matters still emerge which suggest a need for stall alleged "abuses." sink in. reorganization. For example, the lines of re­ The u.s. intelligence structure has needed Another woe had begun to beset the in- sponsib111ty for one type of intelllgence ac- some overhaul for several years, mainly be- March 29, 1976 EXTENSIONS OF REMARKS 853,7 cause the shifting world situation has world situation, the new technology of in­ and Leslie N. Boney, Jr., a Wilmington changed U.S. Intelligence needs, technolog­ telligence, and the long-standing problems architect. ical advances have changed the way Intel­ of community coordination-not on the sen­ After repeated failures to find a suit­ ligence does it job, and certain aspects of sational stories arising from the recent con­ able stone, they discovered that a Massa­ the "centralization" of intelligence have gressional inquiries. chusetts quarry had supplied the origi­ proved unworkable. If we are careful, the viability of U.S. In­ The U.S. intelligence community today re­ telligence can be retained and much of the nal material. Yet, the local Eastlong mains structured and postured basically to damage done repaired; if we are not care­ Meadow, Mass. marble contractor in­ deal with the relatively simple bipolar world ful, we can so weaken U.s. intelligence that formed them that the material was not of the fifties and sixties when the prime in­ our country will resemble a blind giant available from the defunct quarry, un­ telligence question was: What are the mili­ groping its way through the dangers of the less special provision was made by the tary capabilities and intentions of the So­ next decade. local government. viet Union? MAJORITY LEADER AIDS PROJECT But today's world 1s not so simple and the answers to questions such as "What are At this point the ma:.jority leader and the prospects for the Soviet harvest?", "Can TRmUTE PAID TO CORNELIUS I were asked to assist in the acquisition Argentine technology support a nuclear HARNETT IN Wll.aMINGTON, N.C. of a suitable stone, and within a few days weapons program?", "What are the Arabs do­ of our first discussion, the problem was ing with oil revenues?", "Will the French solved. Some of the stone from the sell helicopters to Iran?" have become vital quarry had been saved and was im­ to U.S. interests. HON. CHARLES ROSE III In other words, political and economic in­ mediately available in a stone contrac­ telligence on a wide variety of target coun­ OF NORTH CAROL~A tor's shop in Newark, N.J. Rubbings were tries has become critical to good national IN THE HOUSE OF REPRESENTATIVES made of the cracked originals and new decision-making. Monday, March 29, 1976 · markers were cut and carved by Robert In the t actical field, the nature of the in­ Young & Sons, Inc., in Newark. telligence requirement has also changed over Mr. ROSE. Mr. Speaker, I would like The rededication ceremony was held the past several years. Once the essential in­ to recognize an effort made by my con­ on February 21, 1976, with the Rev. Rob­ telligence needs for a U.S. commander were stituents, Leslie N. Boney, Jr., FAIA, "strength, capability, and disposition" of ert Cook presiding. The gravemarker is Mrs. F. P. Fensel, and the Rev. Robert 22¥2 inches wide and 66 inches high, and the enemy forces. With this Intelligence he Cook, and by our distinguished majority could prepare for tomorrow's, next week's, or 3 inches thick. The top has a cusp-like next year's battle. leader, THOMAS P. O'NEILL, Jr., to re­ shape above 2 arcs. The main surfaces Today he must be prepared for a devastat­ place the grave marker at St. James have a fine sand finish and the edges are ing and critical first battle at all times. Episcopal Church in Wilmington, N.C., shot sawn cut. This means he needs much more timely for Cornelius Harnett, member of the Mr. Speaker, this effort of the citizens and precisely detailed intelligence in poten­ 1777 Continental Congress and early of North Carolina and of Massachusetts tial enemy forces. He is now opposed by patriot leader. modern military technology, especially pow­ reaffirms the spirit of cooperation and erful long-range weaponry which must be Born in 1723, Mr. Harnett moved to collaboration evident during the early monitored constantly. Wilmington in 1727 and became involved days of our country. Cornelius Harnett In any war between forces employing such in revolutionary activities in 1765. It is fought and died for the opportunities we weapons, defeat or victory can be determined said of him that from 1765 to 1781 there have shared to replace his gravemarker. in a matter of hours, perhaps minutes. There was scarcely any movement in the cause I salute his high standards and the per­ is no time to crank up the commander's in which he did not bear a conspicuous petuation of those standards by those intelligence apparatus after the start of hos­ part. He was not a soldier; rather he involved in this notable project. tilities. What this means wit:t.. regard to re­ channeled his efforts into public service. organization schemes is that the needs of the forces in the field and fleets at sea, in­ On February 21, 1776, he appeared be­ cluding their needs for Intelligence support fore Governor Tryon at Brunswick and from national systems, must not be ignored demanded that the stamp officer and BOSTON AFFIRMATIONS In the enthusiasm for centralization. other clerks of the county courts take If we are not careful, we will diminish the an oath to never issue any stamped paper war-fighting and deterrent capabilities of in the province. It was done. HON. ROBERT W. EDGAR U.S. arms by concentrating too narrowly on By 1775, Cornelius Harnett was chair­ OF PENNSYLVANIA the needs of Washington-level intelligence man of the Provincial Council, and when IN THE HOUSE OF REPRESENTATIVES users. the British forces occupied the Wilming­ Monday, March 29, 1976 The next month or so, as Congress and the ton area, he was marked as a fugitive and White House wrestle with problems of U.S. Mr. EDGAR. Mr. Speaker, as both a Intelligence organization and rules of con­ an object of British punishment. Congressman and a United Methodist duct, will be crucial to the Nation, and to HARNETT CAPTURED minister, I am often called upon to rec­ the future of the Free World as a whole. In 1781, British Lord Cornwallis Reformers must reform only that which oncile the alleged inconsistencies of serv­ must be reformed; reorganizers must reorga­ marched to Wilmington. The arrest of ing God while concurrently participating nize only that which must be reorganized. Cornelius Harnett was a chief aim of in the political process. I do not feel that A combination of puritanical zeal, cynical the British and during an attempt to es­ there are any inconsistencies, Mr. political partisanship, and bureaucratic cape, Harnett was captured and returned Speaker. I believe that I have directed power plays can complete the already well­ to Wilmington where he was jailed in my votes in a manner consonant with the advanced destruction of America's eyes and a roo:fiess blockhouse. He died the day great ideals of the Judeo-Christian tradi­ ears-its intelligence service. after Cornwallis left town in 1781. tion. If restoration of U.S. intelligence effective­ He had requested a simple burial at ness is indeed what motivates the reformers, Recently, a statement entitled "Bos­ they must face up to the hard problem of St. James' Church and he had chosen his ton Affirmations" came to my attention. protecting U.S. state secrets, rather than the own epitaph, two lines from Alexander The statement is the result of a collabo­ easy one of creating new congressional com­ Pope: ration of a group of theologians, pastors mittees. Slave to no sect, he took no private road, and laity organized by the Boston Indus­ Legislation is required which recognizes But looked through Nature up to Nature's trial Mission. It places social action in a the right of the United States government to God. theological perspective, a frame of ref­ have a secret and which provides practical means to apply criminal sanctions to those Several years ago, the St. James vestry erence which is helpful to me in express­ persons entrusted with secrets who abuse decided to improve their old graveyard. ing my role in Congress. their trusts. This means that the public One of their activities included repair­ Its poetic beauty is an inspiration to media must not remain immune from re­ ing the Harnett gravestone which had me, and I hope that it will be an inspira­ sponsibility for publication of national se­ been damaged over the years. However, a tion for my colleagues. I welcome com­ crets and from protecting the insider who has tire in the stone company's warehouse ments on this statement, and I insert 1t provided the information and violated his to be printed here: trust. where the repairs were being made Within the executive branch, the emphasis cracked and delaminated the markers. THE BOSTON AFFIRMATIONS in providing better intelligence organization Searches for matching stones were made The living God is active in current struggles and oversight of Intelligence activities should by Mrs. F. P. Fensel and Mrs. W. G. to bring a Reign of Justice, Righteousness, be based in the realities of the changed Broadfoot of the church's committee Love and Peace. The Judeo-Christta.n tra.dl- 8538 EXTENSIONS OF REMARKS March 29, 1976 tions are pertinent to the dilemmas of our Church Traditions: God calls those who In the humanities and social sciences world. All believers are called to preach the trust the power of suffering love to form when the depths of human meanings are good news to the poor, to proclaim release to into communities of celebration, care, and opened to inquiry and are allowed to open the captives and recovery of sight to the in vol vemen t. our horizons, especially whenever there is blind, to set at Uberty those who are op­ Those called together enact renewing forms protest against the subordination of religion pressed and to proclaim the acceptable year of association and movement to the ends of to scientific rationality or against the re­ of the Lord. Yet we are concerned about the earth, responding by word and deed to moval of religion from realms of rational what we discern to be present trends in our the impllcations of faith for each age and for discourse. churches, in religious thought, and in our us today: In the arts where beauty and meaning are society. We see struggles in every arena of The early Eastern church celebrated the explored, lifted up and represent ed in ways human life, but in too many parts of the dependence of humanity upon the cosmos, that call us to deeper sensib1lities. church and theology we find retreat !rom and of the cosmos upon God, demanding a In the halls of justice when righteousness these struggles. Still, we are not without sacramental attitude toward the whole of 1s touched with mercy, when the prisoner hope nor warrants !or our hope. Hopeful par­ creation. and the wrongdoer are treated with dignit y ticipation in these struggles 1s at once action The Formers of doctrine set forth the and fairness. in faith, the primary occasion !or personal meanings of faith in the face of cultured And especially in those branches and divi­ spiritual growth, the development of viable despisers, exposed the fraU foundations of sions of the church where the truth is spoken structures for the common life, and the vo­ various secularisms, and gave new directions 1n love, where transforming social commit­ cation of the people of God. To sustain such to both the faithful and civilization. ments are nurtured and persons are brought participation, we have searched the past 'and The Monastics assumed vows to exempllfy to informed conviction, where piety 1s re­ the present to find the signs of God's future newed and recast in concert with the herit­ and of ours. Thus, we make the following life-styles beyond preoccupation with gain, freedom from familial and sexual stereotyp­ age, and where such struggles as those here Affirma tlons: ing, and discipllned lives of service. identified are seen as the action of the living Creation: God brings into being all re­ God who alone Is worshipped. sources, all life, all genuine meanings. The SCholastics engaged secular culture, demanding of each generation critical and On these grounds, we can not stand with Humanity is of one source 'a.D.d is not ul­ those secular cynics and religious splritual­ timately governed by nature or history, by · synthetic reappropriation of tradition. The Reformers preached the work of pro­ lzers who see in such witnesses no theology, the fabric of societies or the depths of the no eschatological urgency, and no Godly self, by knowledge or belie!. God's triune ac­ test against religious pretence and demanded tivity sustains creative order, evokes personal reliance upon the gifts of divine empower­ promise or judgment. In such spiritual identity and is embodied in the dynamic ment. blindness, secular or religious, the world a.a movements of human history in an ever more The sectarians nurtured the spirit that God's creation 1s abandoned, sin rules, liber­ inclusive community of persons responsibly cannot be contained by priesthood, dogma, ation 1s frustrated, covenant is broken, engaged in all aspects of the ecosphere, his­ hierarchy, authoritative word, or any estab­ prophecy is stllled, wisdom is betrayed, suf­ tory, and thought. lished power, and demanded democracy, free­ fering love is transformed into triviality, and Fall: Humanity is estranged !rom the dom, toleration, and the redistribution of self- or transcendental awareness. The strug­ source of life. authority, power, and wealth. gle is now joined for the future of faith and we try to ignore or transcend the source And today many reach out for wider fellow­ the common life. We call all who believe in and end of life. Or we try to place God in a ships, demanding ecumenical engagements the Uvlng God to affirm, to sustain and to transcendent realm divorced from life. There­ and a witness which frees and unites. extend these witnesses. by we give license to domination, indulgence, Wherever the heirs of these movements are pretence, triviality, 'a.D.d evasion. We endanger authentic, they confess their sins, worship and we corrupt inspirited communities. We the power that sustains them, form a com­ endanger creative order, we destroy personal pany of the committed, and struggle for jus­ MS. JAIME PATRICIA WELCH, STATE identity, allow tyranny, anarchy, and death tice and love against the powers and princi­ WINNER OF VFW CONTEST to dominate the gift of life. palities of evil. Exodus and Covenant: God delivers from Present Witnesses: The question today is oppression and chaos. God chooses strangers, whether the heritage of this past can be sus­ HON. ROBERT F. DRINAN servants and outcasts to be witnesses and to tained, preserved and extended into the fu­ become a community of righteousness and ture. Society as presently structured, piety as OF MASSACHUSETTS mercy. presently practiced, and the churches as pres­ IN THE HOUSE OF REPRESENTATIVES Beyond domination and conflict God hears ently preoccupied evoke profound doubts Monday, March 29, 1976 the cry of the oppressed and works vindica­ about the prospects. Yet we are surrounded tion for all. God forms "nobodies" into a peo­ by a cloud of witnesses who prophetically ex­ Mr. DRINAN. Mr. Speaker, I am ple of "somebodies" and makes known the emplify or discern the activity of God. The pleased to inform my colleagues that Ms. laws of life. The liberation experience calls transforming reality of God's reign ls found Jaime Patricia Welch, a resident of forth celebrative response, demands respon­ today: Fitchburg, Mass., is the Massachusetts sibUity in community, and opens people and In tho struggles of tlie poor to gain a share nations for a common global history. of the world's wealth, to become creative par­ winner of the Veterans of Foreign Wars Prophecy: In compassion God speaks to the ticipants in the common economic life, and Voice of America contest. human community through prophets. to move our world toward an economic de­ Ms. Welch, a 17-year-old senior at Those who authentically represent God mocracy of equity and accountabllity. Saint Bernard's High School in Fitch­ have interpreted-and wlllinterpret--the ac­ In the transforming drive !or ethnic dig­ burg, has been a member of the National tivity of God in social history. They announce nity against the persistent racism of human Honor Society for 3 years. She ranks sec­ the presence of God in the midst of political hearts and social institutions. ond in her high school class, participates and economic life; they foretell the judgment In the endeavor by women to overcome and hope that are implicit in the loyalties sexist subordination in the church's minis­ in many extracurricular activities in­ and practices of the common life; and they try, in society at large, and in the images that cluding school dramatics, and holds a set forth the vision of covenantal renewal. bind our minds and bodies. part-time job in a local department store. Wisdom: The cultural insights and mem­ In the attempts within families to over­ It is her goal to pursue a career in medi­ ories of many peoples and ages illuminate the come prideful domination and debasing pas­ cine. human condition. sivity and to establishing genuine covenants Ms. Welch's winning essay was based The experience and lore of all cultures and of mutuality and joyous fidelity. on the theme "What Our Bicentennial groups bear within them values that are In the efforts by many groups to develop of wider meaning. Racism, genocide, imper­ for modern humanity a love for its cities as Heritage Means to Me." I take pride in iallsm, sexism are thus contrary to God's centers of civility, culture, and human inter­ commending to my colleagues this un­ purposes and impo_verish us all. Yet all wis­ dependence. usually moving statement: dom must also be tested for its capacity to In the demands of the sick and the elderly WHAT OUR BICENTENNL\L HERITAGE MEANS TO reveal the human dependence on the source for inexpensive, accessible health care ad­ ME of life, to grasp the depths of sin, to liberate, minlstered with concern, advised consent, Every one hundred years America pauses to evoke prophecy, and to form genuine cove­ and sensitivity. to take stock of its progress since 1776. Every nant. In the voices of citizens and political lead­ one hundr!ld years this celebration never falls The New Covenant: God is known to us in ers who demand honesty a.nd openness, who to fall in a d11Hcult decade. Jesus Christ. challenge the misplaced trust of the nation As far as decades go, the 1870's and the The source and end of life 1s disclosed in in might, and who resist the temptations to 1970's didn't make the top ten. I can im­ that suffering love which breaks the power make a nation and its institutions objects o! agine my great great grandparents sitting of sin and death, which renders hope in the religious loyalty. around their kitchen table in the Philadel­ action of God to reconcile and transform the In the research of science when it warns phia of 1876. When the Liberty Bell rang in world, which shatters the barriers of ethnic, of dangers to humanity and quests for those the anniversary of our first one hundred class, familial, national and caste restric­ forms of technology which can sustain years as a nation, I can imagine them look­ tions. Meaning and divine activity are in­ human well-being and preserve ecological ing at each other and thus commenting, carnate in history and human particularity. resources. "Whoopee, our first hundred years." March 30, 1976 CONGRESSIONAL RECORD-HOUSE 8589 What did they believe their centennial for every person. They and their fa.mllles the mills, and as Walter Lippman wrote in heritage to be in 1876? Like millions of other stayed. Multiply one family by hundreds of 1960, "We are rich, but we are not having a dirt poor immigra.nts, they had come to the millions from New York to East Oshkosh. very good time. For our life, though it is big cities of America in search of what be­ We all share those grass roots. full of things, is empty of the kind of pur­ wigged men had promised them-a. chance One hundred years have passed since our pose and effort that gives to life its flavor and for a new life, the freedom to live that new great great grandfathers' day and now we meaning." life, and a chance to be a part of the govern­ must pause to ask ourselves, ""What is our Purpose, effort, and meaning. Hopefully, all ment that made it possible. Idealistic, very. bicentennial heritage in 1976, and more im­ humans seek meaning in their lives. America Their new life was rooted in racial ghettos, portantly, can we live up to it?" was founded on the proposition that every nurtured in the depths of Susquehanna coal life ma.tte.red and every human had certain mines, and their ·harvest-giving up their Our shared heritage is a way of life that rights that had to be respected. So in 1976 sons in war. Yet, these people had happily bespeaks purpose and meaning. Our ances­ we'll stand in the shadow of a noble heritage. left the homes of their youth to embrace this tors lived their lives for the precise purpose Perhaps dirt poor immigrants no longer reach harsh land-millions of them. The land took of benefitting their fa.m1Ues, (especially their out to America for shelter, but the unborn their hearts, lives, and children. For all their children) and the community in which they children cry out and the coma.tosed living giving, they reaped a dream. America­ dead whisper to us for decisions. Can we live a place where human life meant something. lived. Their existences were made meaning­ up to our American heritage-a heritage that America-a vast interacting community. ful by the purpose their lives were put to. has made life meaningful here for two hun­ America-a home for the homeless, a dream Most of us are removed from the mines and dred years?

HOUSE OF REPRESENTATIVES-Tuesday, March 30, 1976

The House met at 12 o'clock noon. the use of certain property conveyed to the dation of the chairman of the Commit­ The Chaplain, Rev. Edward G. Latch, city of Grand Junction, Colo., for airport tee on Finance, appointed Mr. LoNG, Mr. purposes; and TALMADGE, Mr. RIBICOFF, Mr. FANNIN, and D.D., offered the following prayer: H.R. 9617. An act to authorize the Secretary of Transporta. tion to release restrictions on Mr. RoTH as official advisers to the The hand of our God is upon all them United States delegations to negotiations tor good that seek Him.-Ezra 8: 22. the use of certain property conveyed to the city of Alva, Okla., for airport purposes. relating to trade agreements; and ap­ 0 God and Father of us all, who art pointed Mr. HARTKE, Mr. HARRY F. BYRD, the life of the living, the strength of the On March 25, 1976: H.R. 4034. An act to designate the Veterans' JR., Mr. NELSON, Mr. MONDALE, Mr. struggling, and the refuge of those who Administration hospital in Lorna Linda, GRAVEL, Mr. BENTSEN, Mr. HATHAWAY, return to Thy ways, we lift our hearts Calif., as the "Jerry L. Pettis Memorial Vet­ Mr. HASKELL, Mr. BROCK, Mr. CURTIS, unto Thee. Thou has·t led us in the past erans' Hospital," and for other purposes; and Mr. HANSEN, Mr. DOLE, and Mr. PACK­ and our yesteryears are bright with the H.R. 11665. An act to rescind certain budget authority recommended in the message of the WOOD as alternates to the above-men­ evidences of Thy guiding spirit. Lead tioned negotiations. Thou us on in these days that the cele­ President of January 23, 1976 (H. Doc. 94- bration of our 200th birthday may be 342), transmitted pursuant to the Impound­ worthy of our heritage and worthy of our ment Control Act of 1974. APPOINTMENT OF CONFEREES ON S. efforts to make our country great in 3056 TO AMEND FOREIGN ASSIST­ peace, in justice, and in good will. Give MESSAGE FROM THE SENATE ANCE ACT OF 1961 TO PROVIDE us a faith that will not waver nor whine, EMERGENCY RELIEF TO EARTH­ nor worry, nor wrangle-a faith that will A message from the Senate by Mr. QUAKE VICTIMS IN GUATEMALA wait and watch and work and wrestle Sparrow, one of its clerks," announced that and worthily win. the Senate agrees to the report of the Mr. MORGAN. Mr. Speaker, I ask In the spirit of Christ we pray. Amen. committee of conference on the disagree­ unanimous consent to take from the ing votes of the two Houses on the Speaker's table the Senate bill