June 19, 1970 CONGRESSIONAL RECORD- SENATE 20585 Age, Survivors, and Disability Insurance. I [From the Washington Post, June 16, 1970] $6,500 in income and a $493 federal income deeply believe that this is a very necessary AMA, BLACK DoCTORS' GROUP JOIN To SEEK tax bill would get a 73 per cent credit to and desirable program and that it is now, and HEALTH INSURANCE ward health insurance. has always been, soundly financed. I believe, (By Victor Cohn) The AMA has proposed what it calls this as you may know from some of my writings, "Medicredlt" plan in the past. But not until that there are grave potential dangers ahead The American Medical Association and the now has it had the backing of the NMA. The because the political liberals, or expansion far smaller predominantly black National NMA long backed fully tax-paid government ists, when they get in office again will make Medical Association joined forces for the health insurance for all--on the Medicare strenuous efforts to change the program so first time yesterday to seek a federally sub principle-and generally has stood well to that it will no longer be a floor of protection. sidized health insurance program to re the left of the conservative AMA. place Medicaid. Yesterday, Dr. Hill, a Los Angeles physi Instead, these proponents wish to see the Before a Senate Finance Subcommittee, Government provide virtually complete fi cian, said the AMA-NMA proposal would they backed a plan much like one Presi work far better than Medicaid in the ghettos. nancial security to non-working members dent Nixon proposed last week as a substi of our society through governmental means. tute for the present Medicaid help for low He strongly defended doctors who care for In the process, they would destroy almost income persons. the poor against accusations that they have completely all individual efforts through pri The President said he will submit a de been profiteering under Medicare and Medic vate savings, private insurance, and private tailed plan in January to either buy health aid. Restrictions on doctors' fees-recom pension plans. I believe that this would have insurance or subsidize it, on a sliding scale, mended in a Finance Subcommittee staff re catastrophic effects on people as individuals for between 5 and 6 million famllies with in port-would only "make more acute" the and, further, that it would have the side comes below $5,620. ghettos' doctor shortage, he maintained. He effect of greatly weakening or destroying our Yesterday AMA President Gerald D. Dor called it "bitterly ironic" for that report to private enterprise system because of drying man (representing 223,000 doctors) and NMA suggest that "to work 60 and more hours a up much private investment capital. President Julius W. Hill (representing 6,000) week in the ghetto and be fairly paid" is The thing to beware of is the introduction urged: "suddenly prima facie evidence of wrong of government subsidies into our social in A federal certificate for every "low in doing." surance systems that are now supported en come" individual-defined as all who pay Dorman and Hill also urged statewide tirely by payroll taxes. Such subsidies give $300 or less in federal income tax-to buy panels by which medical men themselves re the appearance of being a painless way to a "qualified and comprehensive'' health in view the cost, quality and need for other expa.nd greatly the benefits of the program, surance policy at government expense. doctors' services. since nobody appears to have his pocketbook Federal tax credits, on a sliding scale Both said doctors have been smeared by tapped therefor, whereas increases in payroll based on their income tax payments, to help intimations that anyone earning $25,000 or taxes are easily discernible and, accordingly, the moderate or higher-incomed buy health more a year from federal health programs subject to taxpayer res:istance. plans. As one example, a family of four with is profiting unduly.
SENATE-Friday, June 19, 1970 The Senate met at 10 a.m. and was THE JOURNAL "FOREIGN SERVICE OFFICERS WHO ARE CAREER AMBASSADORS called to order by Hon. JAMES B. ALLEN, a Mr. MANSFIELD. Mr. President, I ask Senator from the State of Alabama. "SEc. 631. Any Foreign Service officer who unanimous consent that the reading of is a career ambassador other than one oc The Chaplain, the Reverend Edward the Journal of the proceedings of Thurs cupying a position as chief of mission or any L. R. Elson, D.D., offered the following day, June 18, 1970, be dispensed with. other position to which he has been ap prayer: The ACTING PRESIDENT pro tem pointed by the President, by and with the 0 Thou Creator Spirit, who at the be pore. Without objection, it is so ordered. advice and consent of the Senate, shall be ginning said, "Let there be light; and retired from the Service at the end of the there was light," shine into and search month in which he rea.ches age sixty-five COMMITTEE MEETINGS DURING and receive retirement benefits in accord out all the dark places of our time-the ance with the provisions of section 821, but places of poverty, of injustice, of despair, SENATE SESSION whenever the Secretary shall determine it and spiritual desolation. Reawaken us to Mr. MANSFIELD. Mr. President, I ask to be in the public interest, he may extend the faith of our fathers, that people of unanimous consent that all committees such an officer's service !or a period not to all ages and all faiths may cherish all be authorized to meet during the session exceed five years. Any such officer who here true values of the past and become alive of the Senate today. after completes a period of authorized serv ice after he reaches age sixty-five shall be to all redemptive measures for the future. The ACTING PRESIDENT pro tem retired at the end of the month in which Illuminate our personal lives by a fresh pore. Without objection, it is so ordered. he completes such service. allegiance to Him who said, "You are the light of the world-Let your light so "PARTICIPANTS IN THE FOREIGN SERVICE RE• CALENDAR TmEMENT AND DISABILITY SYSTEM WHO ARE shine before men, that they may see your THE NOT CAREER AMBASSADORS good works and glorify your Father." Mr. MANSFIELD. Mr. President, I "SEc. 632. Any pa-rticipant in the Foreign Give us strength and wisdom to do the ask unanimous consent that the Senate Service retlrement and disability system, good works which bring light and healing proceed to the consideration of Calendar other than one occupying a position as chief and redemption. No. 931, to skip No. 932, and then take of mission or any other position to which In the Master's name. Amen. up Calendar Nos. 933, 934, 935, and 938. he has been appointed by the President, by and with the advice and consent of the Sen The ACTING PRESIDENT pro tem ate, who is not a career ambassador shall be pore. Without objection, it is so ordered. DESIGNATION OF ACTING PRESI retired from the Service at the end of the month in which he reaches age sixty and DENT PRO TEMPORE receive retirement benefits in accordance The PRESIDING OFFICER. The clerk RETIREMENT AGE FOR CAREER with the provisions of section 821, but when will please read a communication to the MINISTERS OF THE FOREIGN ever the Secretary shall determine it to be in SERVICE the public interest, he may extend such par Senate from the President pro tempore ticipant's service for a period not to exceed United States of appointed by the President, by and with the President pro tempore. America in Congress assembled, That sections advice and consent of the Senate, shall be 631 and 632 and the headings thereto of the mandatorily retired for age in accordance Mr. ALLEN thereupon took the chair Foreign Service Act of 1946 (22 U.S.C. 1001 with the schedule below and receive bene as Acting President pro tempore. and 1002) are amended to read as follows: fits under section 821 of the Foreign Service 20586 CONGRESSIONAL RECORD- SENATE June 19, 1970 Act of 1946, as amended, unless the Secre (2) a monthly payment of annuity or pen existing authority of the Administrator tary determines it to be in the public in sion under the Railroad Retirement Act of of Veterans' Affairs to maintain offices terest to extend his service for a period not 1937 or the Railroad Retirement Act of 1935 in the Republic of the Philippines." to exceed five years. which is increased as a result of the enact Retirement Schedule ment {after May 30, 1970, and before Decem ber 31, 1970) of any Act which provides gen DEFERRAL OF WHEAT ( 1) Any career minister who reaches age eral increases in the amount of the annui sixty-five during the month of enactment of ties or pensions payable under the Railroad REFERENDUM this Act shall be retired at the end of such Retirement Act of 1937 or the Railroad Re The Senate proceeded to consider the month; tirement Act of 1935, the sum of the aid or (2) Other career ministers who are age the bill, S. 3978, to extend the time for assistance received by him for such month, conducting the referendum with respect sixty or over as of the date of enactment of plus the monthly amount of such annuity or this Act shall be retired at the end of the pension received by him in such month (not ·to the national marketing quota for month which contains the midpoint between including any part of such annuity or pen wheat for the marketing year beginning the last day of the month of enactment of sion which is disregarded under section July 1, 1971. this Act and the last day of the month dur 1006) , shall (except as otherwise provided in Mr. YOUNG of North Dakota. Mr. ing which the officer would reach age sixty the succeeding sentence) exceed the sum of President, our present farm price sup five, counting thirty days to the month; and the aid or assistance which would have been (3) On the last day of the thirtieth month port program expires at the end of the which ends after the date of enactment · of received by him for such month under such current crop year. Unless new legislation this Act, all other career ministers who are plan as in effect for March 1970, plus the is enacted during this session of Con monthlY. annuity or pension which would .age sixty or over shall be retired, and there gress, we will revert to permanent legis after the amendment made by section 1 have been received by him in such month without regard to the provisions of the Act lation now on the statute books. In the shall be applicable in all cases. case of wheat, this is the mandatory (4) Any career minister who completes a enacted by such enactment, by an amount period of authorized service after he reaches equal to $4 or (if less) to such increase in his wheat certificate program. mandatory retirement age as provided in monthly annuity or pension under the Rail This program involves the imposition the above schedule shall be retired at the road Retirement Act of 1937 or the Railroad of mandatory acreage controls on wheat end of the month in which he completes Retirement Act of 1935 (whether such excess producers if they approve them in a such service. is brought about by disregarding a portion of such annuity or pension or otherwise)"; and grower referendum. Under the law, that (D) by adding at the end thereof the fol referendum must be held before Au SUSPENSION OF DUTIES ON CER lowing sentence: " If, in the case .of any gust 1 of this year. TAIN FORMS OF COPPER individual, the provisions of both clauses (1) At the present time, every effort is and (2) of the preceding sentence are appli being made to write new farm legisla The bill, H.R. 17241, to continue until able to him with respect to any month, any tion. I am optimistic that these efforts the close of June 30, 1972, the existing increase in the annuity or pension (referred will succeed. Because this has not yet suspension of duties on certain forms of to in clause (2) of the preceding sentence) been accomplished, however, the Depart copper was considered, ordered to a third of such individual for such month shall, for purposes of such sentence, be treated as an ment of Agriculture is faced with the reading, read the third time, was passed. additional increase in the amount of his necessity of calling a referendum before monthly insu~ance benefit under title II of August 1. the Social Security Act for such month in There is a considerable amount of ad SUSPENSION OF DUTIES ON lieu of an increase for such month in his ministrative detail that must be carried MANGANESE ORE annuity or pension (as so 'referred to) . ". out before a referendum can be con The Senate proceeded to consider the (2) The heading to such section 1007 is ducted. Ballots must be printed, infor bill, H.R. 14720, to continue until the amended by inserting "AND RAILROAD RETIRE mation on the program must be made MENT RECIPIENTS" immediately after "RECIP close of June 30, 1973, the existing sus IENTS". available to farmers and a public an pension of duties on manganese ore nouncement of the referendum must be including ferruginous ore--and related The amendment was agreed to. made. It is estimated that this work re products which had been reported from The amendment was ordered to be quires about 6 weeks time and would cost the Committee on Finance with an engrossed and the bill to be read a third $2 million. amendment at the top of page 2, insert time. In order to remove the necessity of a new section, as follows: The bill was read the third time, and calling a referendum at this time, the SEc. 2. (a) (1) Section 1006 of the SOcial passed. Senate Agriculture Committee has ap Security Amendments of 1969 is amended The title was amended, so as to read: proved this resolution delaying the dead by- "An act to continue until the close of line for a referendum from August 1 to ( A) inserting "(1)" immedia tely after "paid to any individual"; June 30, 1973, the existing suspension of October 15 or 30 days after the adjourn (B) striking out "(1) " and inserting in duties on manganese ore-including fer- · ment of this session of Congress, which lieu thereof " (A) "; ruginous ore--and related products, and ever occurs first. (C) striking out " (2)" and inserting in for other purposes." Hopefully, during this period, new lieu thereof "(B)"; and farm legislation will be enacted. If it (D) by inserting immediately before the is not, there would still be an opportu period at the end thereof the following: VETERANS' ADMINISTRATION RE nity for wheat farmers to decide in a "; or {2) as annuity or pension under the Railroad Retirement Act of 1937 or the Rail GIONAL OFFICE IN THE PHILIP referendum whether or not to accept the road Retirement Act of 1935, if such amount PINES provisions of the mandatory program. is paid in a lump-sum to carry out any retro The Senate proceeded to consider the This legislation has been requested by active increase in annuities or pensions pay the Secretary of Agriculture. I feel this able under the Railroad Retirement Act of bill, H.R. 16739, to extend for a period of is a necessary move, Mr. President, and 1937 or the Railroad Retirement Act of 1935 10 years the existing authority of the I hope it can be speedily approved. brought about by reason of the enactment Administrator of Veterans' Affairs to The bill was ordered to be engrossed (after May 30, 1970 and prior to December 31, maintain offices in the Republic of the for a third reading, was read the third 1970) of any Act which increases, retroac Philippines which had been reported time, and passed, as follows: tively, the amount of such annuities or from the Committee on Finance with pensions". amendments in line 4, after the word S. 3978 (2) The heading to such section 1006 is "out", insert "June 30,"; and in line 5, Be i t enacted by the Senate and House of amended by inserting immediately before Representatives of the United States of Amer the period at the end thereof the following: after the word "thereof", strike out ica i n Con gr ess assembled, That section 336 "AND OF RAILROAD RETIREMENT BENEFIT IN "'1980'" and insert "'July 3, 1974' ". of the Agricultural Adjustment Act of 1938, CREASE". The amendments were considered and as amended, is amended by adding at the end (b) (1) Section 1007 of the Social Se agreed to en bloc. thereo'f the following: "Notwithstanding any curity Amendments of 1969 is amended The amendments were ordered to be ot her provision hereof the referendum with by- engrossed and the bills as amended to be respect to t he national marketing quota for (A) striking out "July 1970" and inserting read a third time. wheat for t he marketing year beginning July in lieu thereof "November 1970"; The bill as amended the third time, 1, 1971, may be conducted not later than the (B) inserting " ( 1) " immediately after earlier of the following: (1) thirty days "also receives in such month"; and passed. after adjournment sine die of the second ses (C) inserting immediately before the pe The title was amended, so as to read: sion of t he Ninety-first Congress; or (2) riod at the end thereof the following: ", or "An act to extend until July 3, 1974, the October 15, 1970." June 19, 1970 CONGRESSIONAL RECORD-SENATE 20587 ORDER OF BUSINESS never have had lethal nerve gas in the troops very markedly. I sincerely hope The ACTING PRESIDENT pro tem first place. We should put ourselves that he will continue this reduction, and pore. At this time, in accordance with squarely on record against the use of I believe his statement that he intends the previous order, the distinguished nerve gas in international warfare, the to try to do that. Senator from Ohio morning business which has now spread into all the ter ARMY DESERTERS ritory of the French Indochinese colonial following the remarks of the Senator empire. from Ohio. Mr. YOUNG of Ohio. Mr. President, Mr. MANSFIELD. That is correct. with President Nixon expanding our un The ACTING PRESIDENT pro tem declared war in Southeast Asia by in THAT TRAGEDY AT KENT STATE pore. The Chair thanks the distinguished vading Cambodia with 27,000 men of our UNIVERSITY majority leader. Armed Forces and bombing Laos, an other nation whose neutrality we had Mr. YOUNG of Ohio. Mr. President guaranteed, more Americans question directly after noon on Monday May 4' our country's right to ask them to bear 1970, a beautiful sunshiny day Ohi~ SINK THAT NERVE GAS TO THE arms. More than 12 years ago military National Guardsmen ordered u; Kent BOTTOM OF THE PACIFIC advisers were sent into Vietnam. No com- State University by Governor Rhodes Mr. YOUNG of Ohio. Mr. President, it bat troops. At that time military service on the previous Saturday hurled tear is outrageous that the Defense Depart- was an unchallenged institution among gas canisters into a crowd of girls and ment would contemplate shipping 13,000 young Americans. Now, with an un boys demonstrating on their own cam tons of lethal nerve gas from our chem- declared, immoral, unpopular war ex pus between classe::; then being held. leal stockpiles in Okinawa to Kodiak, panded by President Nixon's aggression Some of the students hurled back the Alaska, or to any other part of the con- or intrusion into Cambodia and around partially filled tear gas canisters at the tinental United States. the-clock bombing in Laos, millions of guardsmen. The distance between the The Pentagon should put its stockpiles American youngsters are deeply troubled students and the guardsmen was so of nerve gas and chemical weapons in over Uncle Sam's call to the colors. great at that time that the half-filled tightly sealed air tanks and sink them More startling than fine young men canisters rolled on the ground close to to the bottom of the Pacific. resisting the draft is the unparalleled the guardsmen, affecting some of them Pete Reso:ff, mayor of Kodiak, Alaska, rate of desertion among draftees. From with their own tear gas. a fishing town 250 miles southwest of May 1969 to April 30, 1970, more than The infuriated National Guard pla Anchorage, has already announced his 70,000 GI's deserted. Desertion means il toon fired a volley at pointblank range opposition to Pentagon's plans. He said legal absence from military duty for more killing four students, two girls and two that selection of Kodiak as a storage site than 30 days. Many boys AWOL for a boys, none of whom hac! particii:"ated in for nerve gas would be like "getting a week or so returned voluntarily, as do any violent acts, and seriously wounded Christmas present of a sack full of some deserters. Many do not. Of course, 10 other university students. Not one snakes." that 70,000 figure seems to be a tremen- National Guardsman sustained an in Mr. President, I think that mayor is a dous number. But it is rather minimal jury or even required first-aid treat pretty smart fellow. when we contrast it with the more than ment at any time from r.oon to 12:22 Deadly chemicals should not under any 380,000 Vietnamese friendly troops-too in the afternoon. circum::;tances be transported to the friendly to fight-who have deserted Men and women and college students United States. I am cosponsor of an from the armed forces of that country. throughout the United States were amendment to the Foreign Military Sales The men who desert from our Armed shocked. President Nixon in a statement Act (H.R. 15628) introduced by the dis- Forces now that the war is being waged to the American people said he pro tinguished Senator from Alaska general could have and President Nixon did, instead of what he National Guard? should have called on. said he was going to do. In Ohio it is my opinion that Gover Also on May 6, the distinguished ma On June 15 President Nixon an nor Rhodes made a grave blunder in call jority leader County sheriff failed to study the Kent slayings. Mr. Klein, ap As Chairman of this Commission on swear in additional special deputy sher pearing on the CBS television program Campus Unrest he designated William W. iffs to help restore order. Governor "Face the Nation," said the commission Scranton, former governor of Penn Rhodes as early as Friday could have would be "a group which has prestige sylvania. He appointed eight other mem summoned hundreds of men of the Ohio and has the ability to look with a bers, including two city chiefs of police. State Highway Patrol to come into the thorough and unquestioned investigative In designating this Commission on Cam city of Kent without delay and help re mind at all the facts in the case." pus Unrest he only made passing refer store order. In Ohio we have a very fine Some 3 weeks after the announcement ence to the tragedies at Kent State Uni State highway patrol composed of hun by his assistant, President Nixon estab versity and Jackson State College in dreds of trained and experienced civil lished a "President's Commission on Mississippi and he directed that the servi~e employees and officials with a Campus Unrest." He designated Wil Commission report to him before the fine record and traditior_ of maintaining liam Scranton, former governor of Penn beginning of the coming academic year. law and order and preventing criminal sylvania, as Chairman and a group of This procedure was a disappointment acts along our highways throughout the eight citizens to this investigating com to me; I had higher expectations. entire area of Ohio. mittee, including two experienced and Mr. President, I report I feel deeply Unfortunately, the Governor called out outstanding chiefs of police. that the leadership of the Senate, the the National Guard. His adjutant gen However, the duties of the commission majority leader and the minority leader, eral, a political appointee, Sylvester Del are so broad that a serious and detailed should appoint a special committee of Corso, made a poor choice by including analysis of the tragedy at Kent State the U.S. Senate to investigate fully the in the selection of guardsmen the Na University on May 14, I am afraid, may killing of four students, including two tional Guard outfit which had been on be sidetracked. According to the Presi girls, and the wounding of 10 other stu duty in Cleveland at the teamsters wild dent's Executive order establishing the dents at Kent State University on May cat strike r.nd had been given a hard panel: 4 and the murder of two students at time by teamsters who stopped battling The Commission shall study dissent .. dis Jackson State College on May 15. Such each other long enough to fight the order, and violence on the campuses of insti special committee of the Senate should guardsmen. Late at night they were dis tutions of higher learning or 1n connection be granted the power to subpoena and patched directly from Cleveland to Kent with :mch institutions. to employ counsel, and should procede and the platoon guilty of shooting and This sounds familiar. A few years ago with an investigation without delay and killing four students, two boys and two the Kerner Commission made an ex then file their findings and report. girls, and wounding 10 others on the fol tensive, in-depth study of riots and civil In fact, shortly after the murder of lowing Monday afternoon was a platoon disorders. More recently, Father Res these four students on the campus of worn out by its arduous service in Cleve burgh's Commission on Violence probed Kent State University I introduced Sen land. the causes and consequences of unrest. ate Resolution 404 to establish a Special Some years ago I was a member of the Both of these groups made thoughtful Committee on the Kent State University National Guard. We have a good Na and valuable recommendatious. For all Disorders. At that time I stated that tional Guard in Ohio. But a bad choice practical purposes, they have been ig there are many important questions was 1:1ade for these tired and worn out nored in their entirety. which should be answered by such a com National Guardsmen had been mauled The only official investigations now in mittee. Who gave the guardsmen the around and some ilad been injured in progress regarding the Kent State mur order to carry live ammunition in their Cleveland. ders are those being conducted by the guns? Who, if anyone, gave guardsmen I realiZe, Mr. President, that hindsight National Guard and the FBI. It would the right to fire at individual demon is better than no foresight whatever, but be ludicrous to believe that the National strators? What kind of training did these in Ohio there were an abundance of Guard could conduct an impartial ob young men have in controlling civil dis- National Guard companies enjoying in- jective investigation of itself. June 19, 1970 CONGRESSIONAL RECORD- SENATE 20589 In . this connection it is interesting to the campus of the university committed made by Representative Claudius U. note that Adjutant General Del Corso, the crime of murder in the second degree. Stone, of Dlinois, a member of the ma commanding officer of the National Mr. President, this type of investiga jority party, in 1916 concerning the Villa Guard, has alleged all along that a tion would certainly be more meaningful incident. sniper from a rooftop had fired on the than another vague exercise in research. It illustrates how fundamental it is National Guardsmen shortly before the Mr. President, on May 15 less than 2 that "intrusion'' and military acts to pro Guard fired a volley and killed and weeks after the Kent State slaying, two tect American soldiers and American wounded boys and girls on the campus more young students were shot to death lives must be within the discretion of the or commons at Kent State. The State at Jackson State College in Mississippi. Executive. Highway Patrol, which had at least seven The circumstances surrounding these If the Congress is to bind the President helicopters in the air above the area tragedies in Mississippi and Ohio were with rigid, inflexible rules, such restric throughout Monday, May 4, reported dissimilar. Local policemen shot up the tions can benefit only the enemy. through the pilots of the planes that dormitory of Jackson State University And if Congress is to reserve to itself there was no sniper fire whatever. FBI in the nighttime killing two black stu any departure from such inflexible rules, investigators also made the same report, dents who were asleep in their dormitory. the long deliberative process itself only and finally Del Corso admits that his Of course, if President Nixon were to further jeopardizes the American lives repeated allegations to the contrary were begin a serious and thorough investiga the President is charged with protecting. not factually correct. He now admits tion of the Kent State murders around In reading the report by Congressman there was no sniper. noon of May 4 he would be obligated to do Stone, I wish to emphasize that Congress, FBI investigators have been accumu no less in regard to the killings at Jack if given the same mood in which we face lating large volumes of information, but son State College perpetrated during the the Southeast Asian situation today, have shown only minimal interest in the darkness of night. Could it be that the never would have authorized an intru activities of National Guardsmen on the President is fearful that the inevitable sion that involved a 300-mile pursuit into day of the murders. Most of the FBI's public disclosure of the facts surrounding Mexico. But President Wilson in his wis efforts have been directed toward ques the tragedy at Jackson State College dom and with his flexibility avoided ex• tioning students and faculty at Kent would in some way be harmful to and panding the war into Mexico. State about the teaching techniques and impede his "southern strategy?" And it is noteworthy that President political beliefs of some professors. The Nixon, under pressure of his critics, has killing of four innocent young people has felt it necessary to place himself and our been made the excuse for an inquisition MESSAGE FROM THE HOUSE American forces under a rigid 21-mile of the Kent State faculty and students. A message from the House of Repre limitation, yet he is committed to the FBI Director, J. Edgar Hoover. re sentatives, by Mr. Bartlett, one of its same determination of no expanding cently congratulated former Kentucky reading clerks, announced that the House war: Governor and baseball commi..ssioner A. had agreed to the amendment of the Venustiano Carranza had been the civil B. United States Army. Carranza repudiated the nunciation of Mao, charging that the short of its goal, but he had brought about arrangement which these officers had agreed Red Chinese leader was trying to rule a situation wherein it was evident that the upon and returned to his note writing. In the world, or at least all Asia. And the United States cou1d not rely upon Carranza's April word was conveyed by Gen. Trevino to Communist forces in Indochina have soldiers, who were few in number along the the officers of the American forces that if been disrupted and weakened, and their international boundary, to suppress the brig they moved in any direction save toward the American border, their movement would be timetables torn asunder. ands o! northern Mexico. The President The best message that has been deliv dealt with this situation in the same firm regarded as an unfriendly act. Pending some manner in which he had dealt with 1Iuerta's determination of the questions which Car ered to the Communists is that Ameri offenses against American sovereignty. He ranza. had raised, the American troops were can moves cannot be predetermined ordered an adequate armed force under Gen. warned to avoid clashes, if possible, and to by Marxist textbooks. They had relied Pershing to pursue Villa into Mexico and to keep in mind "the single purpose of the ex on American principles of politeness crush or disperse his lawless bands. Per pedition!' The President was wholly intent even in warfare and upon the loud cries shing's instructions also were to get Villa, on avoiding any mischance which might sub of American critics of any action in if possible, dead or alive. ject the future of relations between Mexico and the United States to its full influence. Southeast Asia to maintain the security PROMPT PUNISHMENT of their Cambodian sanctuaries. The Pershing column was ready in 10 days. THE CARRIZAL EPISODE The last thing the Communists had It had to be a complete little army, equippect In March a. body of American troopers had counted upon was that American troops for any sort of emergency, for the danger clashed with the infiamed inhabitants of would be sent across the Cambodia existed that once on Mexican soil our forces Parra!. The tension produced by this inci border to oust those sanctuaries might, through misconception of its purpose, dent and by the attitude of the Mexican be attacked from other quarters than by Government was increased to the breaking created, of course, brazenly for years in the followers of Villa. point on April 12, when an engagement oc violation of Cambodian neutrality. The President Wilson took all available means curred at Carrizal between a detachment of decision was as unpredictable as Presi to convince the Mexican people that the American Calvary, under Capt. Boyd, and a dent Truman's move to send troops to Pershing expedition was directed solely considerable number of Carranzista soldiers. Korea in 1950. against the persons responsible for the Co Capt. Boyd was in pursuit of bandits. Th~ The Communists will treat us more lumbus raid, and by careful handling he re engagement followed efforts by the Carran carefully hereafter, and they will learn duced to a minimum the possibilities of a zista commander to prevail upon Boyd to turn back. The Mexican soldiers have steadily that they cannot rely on the loudness of rupture with the Carranza Government. the vocal minority in the United States Formal assurances were conveyed to ca charged that Boyd provoked the fight rranza that the sovereignty of Mexico was through disobedience to his instructions. to determine American policy. not to be trenched upon. So favorable was The American Government has never con The Communists in Indochina are the impression made a.t Mexico City that ceded the justification of this charge. spread thin and hurting. It will be the chief of the de facto government sug It looked like war for a while. Impassioned months before they can regain their gested the negotiation of a reciprocal agree by the reports of the death of American Cambodian losse&--and meanwhile, the ment to provide for the pursuit of raiders troopers at Ca.rrizal, the American people South Vietnamese can gain needed time, across the border by either Government. In were prepared ro .make short shrift of Car strengthened by the gain in their own that tense period also the President reaped ranza's explanations. To the public mind the harvest of the good seed which had there appeared but one proper method of confidence to handle their own affairs been sown throughout Latin-America by his dealing with the situation; it was to hold and provide protection. policy of cooperation. Carranza was encour the Mexican Government to strict account In additio~ the all-Asian conferences aged to defer his efforts to procure the with- for the acts of its soldiers, if it assumed can provide guidance and some assur· June 19, 1970 CONGRESSIONAL RECORD- SENATE 20591 ance for a better and more peaceful fu "Tonight, American and South Vietnamese the order for the quorum call be re ture for Southeast Asia. Mr. Suharto of units will attack the headquarters for the scinded. entire Communist military operation in Indonesia learned in his U.S. visit that South Vietnam. This key control center has The ACTING PRESIDENT pro tem American policy does not run counter to been occupied by the North Vietnamese and pore. Without objection, it is so ordered. the nationalist ambitions of the people of Viet Cong for five years in blatant violation Asia. of Cambodia neutrality ... Mr. President, I wish to read two news "OUr purpose is not to occupy the areas. TRANSACTION OF ROUTINE paper articles--one, an Associated Press Once enemy forces are driven out of these MORNING BUSINESS report from Phnom Perh, dated May 19, sanctuaries and once their military supplies 1970, stating that a Communist source are destroyed, we will withdraw." Mr. BYRD of West Virginia. Mr. Pres In the hour preceding the President's tele ident, I ask unanimous consent that there adniits that the Cambodian venture may vised speech, a top White House official, who have set back the Communist timetable be a period for the transaction of routine cannot be identified by name or quoted di morning business, with statements "possibly for years"; the other, an ar rectly, talked over the purposes of the opera ticle by Orr Kelly writing in the May 17, tion. In answer to a question, he said the therein limited to 3 minutes. 1970, issue of the Washington Star, pro targets in the Fishhook area were those often The ACTING PRESIDENT pro tem viding an excellent response to those who described as COSVN I and n. pore. Without objection, it is so ordered. belittle our objectives: But he emphasized that the C\peration was Mr. BYRD of West Virginia. Mr. Pres~ directed against the base areas from which ident, I suggest the absence of a quorum. A Communist source said today that the military activities are being conducted into The ACTING PRESIDENT pro tern~ allied offensive in Cambodia might have South Vietnam and that American forces pore. The clerk will call the roll. upset Hanoi's timetable for Indochina. would remain only long enough to destroy The source, who is in frequent contact supplies in those areas. The assistant legislative clerk pro with the North Vietnamese high command, The area contains major supply dumps and ceeded to call the roll. said Communist intelligence learned of the the communications network for the head Mr. ALLEN. Mr. President, I ask allied plans several days in advance and all quarters, he said. The personnel in the head unanimous consent that the Grder for the major units were out of the path long be quarters rotate around 1n the area, on both quorum call be rescinded. fore allied air and ground forces hit. sides of the border. The PRESIDING OFFICER (Mr. Reports from the field indicated that allied The purpose of the operation was not the SPONG). Without objection, it is so or kill claims were overly optimistic but that personnel, but the supply depots and com dered. North Vietcong casualties had been serious munications equipment. nonetheless, according to the source. The This was the goal of the opera:tion, stated heaviest blow was the large amount of before it had been publicly announced. A BILL INTRODUCED stockpiled weapons and food captured, plus Two days after it began, in a Pentagon a major disruption of Communist commu briefing, Col. F. H. Thrush, an operations A bill was introduced, read the first nications in the onetime sanctuaries of east briefer for the Pentagon joint staff, described time and, by unanimous consent, the ern Cambodia. the purpose this way: second time, and referred as follows: If the North Vietnamese and Vietcong "These allied operations in the Fishhook By Mr. PERCY (for himself and Mr. units had been conventional rather than and the Parrot's Beak areas will have a long PROXMIRE); guerrilla units, the allied thrust might have lasting effect on the enemy's aggressive op S. 3992. A bill to amend title 23 of the destroyed them. As it is, the source specu eration in South Vietnam. Hopefully, it will United States Code to authorize the inclu lated, the Communists' timetable was con destroy his political and military command sidered to be knocked back possibly for posts, his supplies, base camps, training sion of the cost of providing replacement years because of lost supplies and because areas, and disrupt his lines of communica housing as part of the construction costs of the Communist-command troops now were tions ..." federally aided highway projects; to the fighting on more fronts. A week after the operation began, Defense Committee on Public Works. The source claimed that the advance Secretary Melvin R. Laird said the "primary (The remarks of Mr. PERCY when he in Communist intelligence permitted East troduced the bill appear later in the RECORD mission is to destroy facilities so that they under the appropriate heading.) Bloc diplomats to inform Lon Nol one day can't be used for six to eight months." before the invasion started. The Cambodian The attention focused on the failure, at government was warned it was "playing least in the early phase of the operation, has With fire" if it went along with the invasion. obscured the degree to which the operation S. 3992-INTRODUCTION OF THE The initial Cambodian reaction was to say has succeeded in achieving the goal of dis HOME CONSTRUCTION FUNDING any violation of its neutralicy would be pro rupting enemy activities for at least six BILL tested. Later the government gave tacit ap months. proval to the offensive. Actually, some of the best-informed offi Mr. PERCY. Mr. President, in meeting The source also said that East Bloc intel cials in the Pentagon believe that the time of the Joint Economic Committee on ligence agents here closely investigated the gained by the operation has been generally May 4, discussion turned to a problem March 18 coup that brought Lon Nol to understated. Instead of the 6 to 10 months power and concluded the United States commonly mentioned, they think the attacks that has been one of the most serious played no part in it. across the border may well have provided a problems in the whole urban renewal breathing spell of at least 12 months, and program-that of destruction of housing This is the article by Orr Kelly: perhaps as much as 18 months, for the South due to Federal highway construction. Along With all it.s other troubles, the Nixon Vietnamese to take over their own defense. Today, on behalf of Senator PROXMIRE administration is taking a bum rap for the The price paid for this breathing spell has and myself, I am introducing legislation failure of American soldiers to find anything been fearful-in the cost of relations be which effectively deals with and rectifies in the jungles of Cambodia that can be tween the President and the Senate, and the problem. clearly labeled as enemy headquarters. in the cost of relations with other countries. What has evolved is an almost classic case But, in assessing the long-term effects of Too often in the past, federally aided of a credibility gap created by the press, with the operation, the failure to find something highway construction has pushed only modest help from the government. clearly identifiable on COSVN should not lead through cities, forcing many people out In effect, the argument goes like this: to the conclusion that the operation itself of their homes and literally into the President Nixon and his advisers said Amer was a failure. All the evidence, in fact, sug streets. ican troops were going into Cambodia to find gests that, from a strictly military point of Too often these people have had no and destroy the enemy headquarters, known view, it has been even more successful than home to go to and no shelter to replace as COSVN, an acronym for Central Office for might have been hoped. South Vietnam. COSVN has not been found. their homes which had been destroyed Therefore, the Cambodian operation has been so that highways could be constructed. a military failure. Certainly, the highways have been Somehow, the impression was created that ORDER OF BUSINESS necessary; however, we seem to have put the enemy had something as solid and visible Mr. BYRD of West Virginia. Mr. Pres more concern in the construction of the as the Pentagon stashed away in the jungle ident, I suggest the absence of a quorum. highways than we did in the welfare of With the letters COSVN chiseled in granite The ACTING PRESIDENT pro tem those people whose homes were de over the front door. pore. The clerk will call the roll. It is instructive to go back to what the stroyed. We provided the millions of dol President and his advisers actually said they The assistant legislative clerk pro lars necessary for the concrete, and yet were seeking in the Cambodian operation. ceeded to call the roll. we have provided no funds to provide In his speech the night of April 30, Nixon Mr. BYRD of West Virginia. Mr. housing to replace that which has been said: President, I ask unanimous consent that destroyed. 20592 CONGRESSIONAL RECORD- SENATE June 19, 1970 Far too few people are either aware of under any Federal-aid program which he FANNIN) and the Senator from Arkansas administers the cost of (A) constructing (Mr. McCLELLAN) be added as cosponsors this problem or concerned about it. Yet_, new housing, (B) acquiring existing housing_, we all know that too frequently it is the (C) rehabilitating existing housing_, and (D) of the Byrd-Griffin amendment 708. poor man whose home is torn down. He relocating existing housing, as replacement The PRESIDING OFFICER (Mr. has had too little opportunity to make housing for individuals and fa.m.ilies where SPONG). Without objection it is so or known his very real problems. And it is a proposed project on the Federal-aid sys dered. this same poor man who must face the tem cannot proceed to actual construction very real and difficult problem of finding because replacement housing is not available ORDER OF BUSINESS a new home for his family. and cannot otherwise be made available as required by section 502 of this title. For the When I visited in West Virginia a short Mr. ALLEN. Mr. President, I suggest purposes of this subsection the term 'hous the absence of a quorum. while ago, I learned of families who had ing' includes all appurtenances thereto. been put out on the street and had no " (b) State highway departments shall, The PRESIDING OFFICER. The clerk place to go for shelter. Their homes were wherever practicable, utilize the services of will call the roll. the victim of highway construction. This State or local governmental housing agen The assistant legislative clerk pro happens all across this country. cies in carrying out this section." ceeded to call the roll. I decided then, and I reiterated by (b) The analysis of chapter 5 of such title Mr. SAXBE. Mr. President, I ask commitment May 4, to introduce legisla is amended by inserting after the item de unanimous consent that the order for scribing the content of section 509 the fol the quorum call be rescinded. tion that would authorize the use of high lowing: way funds to construct housing where The PRESIDING OFFICER. Without " 51<> . Construction of replacement housing." objection, it is so ordered. necessary in order to assure that there is SEC. 3. The definition of the term "con a satisfactory, decent, safe, and sanitary st ruction" in section 101 (a) of title 23, house comparable to the one from which Unit ed States Code, is amended to read as CRIMINAL JUSTICE-PRETRIAL DE the person is being displaced before the follows: TENTION AND CRIME IN THE program can go ahead. "The term 'construction' means the su DIS"''RICT OF COLUMBIA The Government's right of eminent pervising, inspecting, actual building, and domain has long been recognized. It is all expenses incidental to the construction Mr. SAXBE. Mr. President, I hold some time now that the Government face up or reconstruction of a highway, including clippings in my hand concerning the to the responsibilities that this right im locating, surveying, and mapping (including shooting yesterday in Washington, D.C., the establishment of temp-orary a.nd perrna of Ronald R. Watson. poses. The Government has the obliga nent geodetic markers in accordance with tion to provide a house comparable to the specifications of the Coast and Geodetic I raise this matter at this time because one it destroys. No family should be Survey in the Department of Commerce) , it is particularly appropriate that we forced to leave their home until it is pro costs of rights-of-way, elimination of hazards have before us in our committee a bill vided with a suitable alternative. of railway grade crossings, acquisition of re concerning the comprehensive reform of Mr. President, this legislation which I placement housing sites, and acquisition, the criminal justice system in the Dis introduce today would insure that the a.nd rehabilitation, relocation, a nd constru{: trict. Government meet its responsibility. It tion of replacement housing." As a former attorney general, I am provides that the funds needed to replace Mr. PERCY. Mr. President, I point vitally interested in this subject and feel the housing would be included in the out to my distinguished colleague from that I speak with some experience in construction costs of federally aided West Virginia hospital to America in Congress assembled, That sec he submitted the resolution appear later tions 510 and 511 of title 23, United States in the RECORD under the appropriate day, because the man he shot, after he Code, including all references to such sec heading,) had been shot three times, had the fol tions, are redesignated as sections 511 and lowing record. 512 respectively. He was convicted in December 1965 of SEc. 2. (a) Chapter 5 o! title 23, United ADDITIONAL COSPONSORS OF AN assault on a police officer. He was sen States Code, is amended by inserting imme AMENDMENT tenced from 15 to 45 months. diately after section 509 the following new AMENDMENT 708 section: In June, 1967, he was paroled. .. § 510. Construction o! replacement housing Mr. BYRD of West Virginia. Mr. Presi In August 1967 he was convicted of as " (a) The Secretary may approve as a part dent, I ask unanimous consent that the sault. On January 23 of this year, 1970, of the cost of construction of any project names of the Senator from Arizona Judiciary quirer, April 20, 1970, at 31.) kidnapping, armed robbery, burglary, bank Committee, Senator Joseph Tydings of However, we believe a compelling rationale robbery, mayhem, manslaughter, and as Maryland and Senator Robert Byrd of West exists for amending the Bail Reform Act sault With intent to kill has an absolute, Virginia, to sponsor legislation on pretrial Without a panoply of studies and statistics. unequivocal statutory right to release before detention. Senator Byrd told the Subcom Accurate statistics on crime and recidivism trial, unless there is substantial evidence mittee on February 4, 1969, that " ... there would require complete reporting of criminal that he will attempt escape. The almost in has now been sufficient experience under the offenses, plus a police solution rate of 100 evitable result of this statutory mandate has 1966 law to demonstrate certain of its weak percent. They would also require a perfectly been an unacceptable incidence of pretrial nesses and the fact that it is proving a coordinated interchange of data among dif recidivism among felony defendants who have windfall to the chronic violent criminal." been released. ferent jurisdictions. This we cannot provide. Senator Tydings testified that "Recidivism On the basis of experience and common The imperative necessity to deal with these during bail is an especially acute problem sense, we know that a small number of highly dangerous defendants in federal courts, and in the District of Columbia." dangerous, recidivistic non-capital defend the deep desire of this Administration to This was the situation that confronted ants exist in the federal system. Under pres root out the hypocrisy of money bail in the the new Administration when it assumed ent law, the Government of the United States legal system, impelled our sponsorship of this office 16 months ago. On the basis of the is legally powerless to detain any of these legislation. disturbing evidence before him, the Presi non-capital defendants on grounds of dan Let me be explicit. dent concluded, as Senator Tydings and gerousness before trial. This Administration did not invent pre Senator Byrd had concluded, that legislation A defendant charged with any of the seri trial detention. It was considered by this was needed to authorize the limited pretrial ous non-capital offenses that were listed subcommittee and by the House Judiciary detention of dangerous defendants. Committee in the mid-1960s as a logical com Since the President's call for this legisla earlier has a statutory right to pretrial re ponent of bail reform. At hearings before you tion on January 31, 1969, two additional lease. Thus, according to the language of the in 1965, former Attorney General Ramsey crime commissions-the Judicial Council Bail Reform Act, a defendant could be caught Clark said that the Department of Justice Committee to Study the Operation of the in the middle of an armed robbery-he could had "given much consideration to legisla Bail Reform Act in the District of Columbia shoot at citizens and police-he could be tion which would expressly permit preventive and the Advisory Panel Against Armed Vio desperately addicted to heroin-and he could detention." He described a plan quite similar lence-have openly supported pretrial de have a long record of violent crime-and he to our bill, saying: tention. would still be entitled to pretrial release. 20596 CONGRESSIONAL RECORD- SENATE June 19, 1970 Senator Scott observed recently that John released are being detained through the his Amendment. Instead, the framers relied on Dillinger robbed at least 13 banks, three toric expedient of setting money bond. the "excessive bail" language from the Eng supermarkets, a mill, a drugstore, and a The United States Attorney's study of 557 lish Bill of Rights. tavern before he was first captured in 1933. robbery defendants in calendar 1968 revealed Every state except Illinois has an "exces Today, under the Bail Reform Act, John Dil tha;t 212 defendantts were not released. sive bail" clause in its state constitution. linger would be a guaranteed pretrial release The National Bureau of Standards Report More than 35 states also have clauses which in the District of Columbia. indicates that money bond was required of establish an absolute right to bail in non Police have arrested a person charged with 52 percent of the 217 felony defendants eli capital cases. The likelihood that the men planting 35 bombs in buildings around New gible for release. Altogether, of the 654 de who wrote these constitutions intended the York City, including one that exploded in fendants eligible for release, at least 186 were two bail clauses to mean exactly the same the Public Library. The man was purportedly held in custody. thing is remote. In any event an "excessive apprehended while planting a bomb at an While there is no doubt whatever that bail" clause has never been construed in any Army recruiting booth. At the present time, many of the defendants thus detained were sta;te to establish by itself a right to bail in the federal government-though not the dangerous and should not have been re non-capital cases. On the contrary, state New York State government-has no power leased, the Bail Reform Act forbids detention court decisions are consistent with the inter whatever to detain such a person on grounds on these grounds. Consequently, in every pretation advanced by the Supreme Court in of dangerousness pending trial. situation where a defendant was detained Carlson v. Landon. Police in New York City are also said to on grounds of dangerousness, the legal sys Historical research reveals that early be looking for a man suspected of giving re tem was grossly dishonest. American bail provisiQllS all excepted capit.al peated heroin injections to an 8-year-old A13 the Washington Post puts it, the Bail offens.es from a right to bail. This is signifi girl as well as several of her classmates. In Reform Act is "a constant irritant in the cant, for at the time these measures were federal jurisdictions under the Bail Reform judicial process." Today, federal judges are drafted, most serious offenses, including rob Act, a court would be forbidden to consider faced with an agonizing decision when a bery, r.ape, and a.roon, were capital offenses potential danger to the community in grant dangerous defendant stands before them. and thus not bailable as a matter of rigbit. See ing such a person pretrial release. They must either disregard the mandate of Mitchell, Bail Reform and the Constitution Without a change in the present law, the the Bail Reform Act by setting bail beyond ality of Pretrial Detention, 55 Va. L. Rev. 1223 sudden abolition of capital punishment by the defendant's means, or they must shut (1969). It passes belief to suppose that Con legislative action or judicial decision would their eyes to community danger. One course gress must now retain its power to execute render the government incapable of detain perpetuates hypocrisy; the other course is a dangerous rapist in order to hold him be ing any defendant before trial, regardless of hazardous to society. fore trial. If this were what the Amendment the threat he posed to others. Open pretrial detention would eliminate required the easy way to skirt it would be Society has the inherent right to protect hypocrisy from the baJ.l system. Under the to classify all serious offenses as capital of its members, for limited periods through due legislation we propose, defendants would be fenses. No one would actually have to be process procedures, from persons who pose afforded a due process hearing in which they executed to create the authority in courts to a serious threat to life and safety. It is un would gain a significant measure of protec deny bail. conscionable for the Congress of the United tion against arbitrary determinations. But if the Eighth Amendment really estab States to deny the federal government the The Administration is opposed to a system lished a "right" to bail, it is hard to con legal authority to exercise this right. in which a rich dangerous defendant can ceive how Congress could create exceptions No extensive studies were needed by this gain his freedom but a poor non-dangerous to that right simply by penalizing offenses subcommittee five years ago when it author defendant cannot. with death. Nowhere does the Eighth Amend ized the pretrial detention of defendants CONSTITUTIONAL QUESTIONS ment authorize exceptions for capital of charged with kidnapping and rape. Today, fenses. Nowhere does it authorize the denial We find nothing in the Eighth Amendment of bail when witnesses or jurors are threat however, it is argued that our proposal to or the Due Process clause of the Fifth authorize the pretrial detention of these ened, or when a defendant is charged with Amendment that bars the enactment of pre an offense during his parole, or when extra same offenders is "unconstitutional, unwork trial detention. able, and unjustified" and "smacks of a pol dition proceedings are pending-yet these ex The Eighth Amendment provides that "Ex ceptions have frequently been approved. ice state." All that has transpired between cessive bail shall not be required.... " This then and now is the Supreme. Court's deci language does not establish a right to bail; If the Eighth Amendment established an sion in United States v. Jackson, 390 U.S. it forbids judges from requiring excessive absolute right to bail, one wonders how the 570 (1968), which invalidated the statutory bond in cases where the defendant has a stat American Law Institute, as far back as 1927, could have included a provision for pretrial clause making kidnapping a capital offense. utory right to bail. In Carlson v. Landon, A13 a consequence of the Jackson decision, 342 U.S. 524 (1952), the Supreme Court detention in its Model Code of Criminal Pro rape cannot be punished capitally in the Dis stated that: cedure. One wonders how the American Bar trict of Columbia because the penalty pro "The bail clause was lifted with slight &sociation today can advocate the revoca vision in the District's rape statute is like changes from the English Bill of Rights Act. tion of bail when a defendant commits a wise invalid. It is my understanding that In England that clause has never been crime during his pretrial release. unless the Supreme Court reverses the deci thought to accord a right to bail in all cases, It has sometimes been argued that if Con sion of Alford v. North Carolina, 405 F. 2d but merely to provide that bail shall not be gress can determine which offenses are bail 340 (4th Cir. 1968). the same result will ob excessive in those cases where it is proper able and which offenses are not, then it tain in North Carolina. to grant bail. When this clause was carried could abolish the right to bail and the Eighth We reject the theory that governments are over into our Bill of Rights, nothing was said Amendment would become meaningless. But forbidden by the federal Constitution from that indicated any different concept. The that is not the case. Although no one has making these serious, non-capital offenses Eighth Amendment has not prevented Con ever contemplated abolishing the right to bailable as a matter of sound judicial discre gress from defining the classes of cases in bail completely, the Due Process clause tion rather than a matter of absolute right. which bail shall be allowed in this country. would certainly bar a total abolition, for New York courts have been vested with such Thus in criminal cases bail is not compulsory such an extreme move could not be defended discretion since colonial times. where the punishment may be death. In for all offenses. Even if bailable offenses were There is little to indicate that speedy deed, the very language of the Amendment wholly abolished by Congress, judicial his trials, by themselves, are a satisfactory an fails to say all arrests must be bailable." tory demonstrates that courts would have swer to these recidivism problems. Of course, This interpretation was reaffirmed in the inherent power to bail defendants. They have they will be helpful; but the type of person recent case of United S~ates ex rel. Coving done so repeatedly throughout the country, about whom we are concerned is not likely ton v. Coparo, 297 F. Supp. 203 (S.D. N.Y. even when expressly forbidden by statute. to suspend his criminal activity for 60 days 1969), in which the court said: The extreme interpretation of the Eighth while awaiting trial. On the contr,ary, the " ... Congress could, without running Amendment favored by opponents of pre narcotics addict, the incorrigible trouble afoul of the Eighth Amendment, ... pro trial detention would have disastrous con maker, the defendant who wishes to "bank vide ... that persons accused of kidnap sequences if the Amendment were applied roll" his family, and the man out for a "last ping, bank robbery with force and violence, in the states. For example, the bail provi fling" have every motive to acceler,ate their or other serious non-capital crimes are not sion in the Michigan Constitution would be offenses. Any notion that a heroin addict, entitled to bail as a matter of right." unconstitutional, for it authorizes the denial with a $100-a-day habit, is suddenly going to This view of the Amendment is supported of bail to defendants accused of murder, al control himself for eight weeks is somewhat by several considerations. For example, in though murder in Michigan is a non-capital at odds with the real world. 1789, when the Eighth Amendment was offense. The bail provisions in the constitu There is a third rationale for pretrial de drafted, contemporary constitutions in tions of Florida, Rhode Island, and Maine tention. Even under the Bail Reform Act, Pennsylvania, North carolina, and Vermont would be unconstitutional because they per many felony defendants are being detained set out an absolute right to bail in non-capi mit the denial of bail in certain non-capital before trial in the District of Columbia and tal cases. The right to bail language in these cases. Voters in Oregon would be denied the perhaps elsewhere. Inasmuch as there is only constitutions, in the Northwest Ordinance of right next week to approve Section 11 of the one capital offense in the District (first de 1787, and in the Judiciary Act of 1789 was proposed Oregon Bill of Rights: gree murder) which permits the courts to familiar to the framers of the Bill of Rights, "Every person, before judgment of con deny bail, the great bulk of defendants not but it was not selected for the Eighth viction, is entitled to bail by sufficient surety, June 19, 1970 CONGRESSIONAL RECORD- SENATE 20597 but excessive bail shall not be required. Bail fense of jumping bail. When a capital of serious problem of crime on bail. It is a small may be denied to a person charged with a fense is charged, the judge is directed to take but essential part of the comprehensive legis crime or offense punishable capitally or by danger to the community into consideration lative program against crime sponsored by life imprisonment, giving due weight to the and assess whether the defendant will pre this Administration. I urge the subcommitt ee evidence and to the nature and circum sent a threat to the community if released. to act favorably and promptly on this b i11. . stances of the event . . ." Moreover, every time a judge imposes o~ These and other points, which are amply suspends a sentence or grants or denies pro DEPARTMENT OF JUSTICE ANALYSIS OF THE supported by authority, substantiate our bation he makes a prediction about future RELATIONSHIP OF THE NATIONAL BUREAU OF position on the Eighth Amendment. And this behavior and the possibility of rehabilitation. STANDARDS STUDY TO THE DEPARTMENT'S is crucial. For if it is determined that Con Less than six months ago, the Senate voted PRETRIAL DETENTION PROPOSALS gress can create categories of offenses which in s. 30 to permit a judge to sentence a The discussion following the April release are not automatically bailable, the Due Proc "dangerous special offende:-" for up to 30 of the National Bureau of Standards limited ess objections begin to fail. The Due Process years in prison. This is permitted when "a District of Columbia study of recidivism clause has not barred other instances of period of confinement longer" than the pe while on pretrial release suggests that addi custody before trial. Given proper procedures, riod provided for by the felony statute un tional perspective is necessary in assessing juveniles may be detained; sexual psycho der which the defendant is convicted "is the report. The NBS study focuses primarily paths and the mentally disturbed may be required for the protection of the public on some 426 defendants who were released detained; aliens, ademployment are causes of crime, but there 1968), it would be incorrect to use the spe dangerous category." are many others. They include family disso cific percentages appearing in the Report. The NBS data also indicates that those lution, boredom, urbanization, rootlessness, NBS, when it released its preliminary Report, in the violent category can be expected to and moral decay. The breakdown of the indicated confidence ranges for certain key produce a recidivism rate 2 times as great criminal justice system is a cause of crime. percentages in the Report. Confidence ranges as those in the non-violent category. NBS's And crime itself which aggravates existing reflect a spread of percentages within which conclusions on the felony category are like social problems, sedulously fosters its own a similar sized but different sample of de wise meaningful : perpetuation. fendants are likely to fall. If the sample were "The rearrest rate for defendants on fel The Department of Justice iS primarily a enlarged, the ranges would spread. ony charges is much higher than that !or law enforcement agency. We recognize the The ranges are as follows: misdemeanants-probably twice as high. vital importance of treating and removing ( 1) The overall rearrest rate of 11 %, has "Rearrest for the more serious charges is the causes of crime. But we recognize too a confidence range of 8-14%. strongly associated with defendants initi that eliminating these causes does not al (2) The rearrest rate (of persons released tially charged with felony. Thus, a recidivist ways fall within our jurisdiction. Often it after an initial felony charge) of 17 % has on an initial felony charge is just about as does not. a confidence r.ange of 11-23%. likely to be charged again for a felony as for For example, t he Department will prose- June 19, 1970 CONGRESSIONAL RECORD-SENATE 20599 cute cases of discrimination in education, of compensation to appointed counsel. The This brief reveiw should dispel any notion housing, and employment with vigor and D.C. Crime Bill provides for a full-fledged that the Administration lacks a comprehen determination. We will do whatever we can public defender service in the District of sive program to combat crime. But the truth to minimi.ze these factors as contributors Columbia; and it expands the size and func is, the federal government ·will best be able to crime. But the major responsibility in tion of the D.C. Bail Agency as well. to contribute to a significant reduction in these areas rests with other agencies, not After careful consideration, the Depart crime if the President's legislative program the Department of Justice, for that is the ment of Justice has authored legislation to is enacted into law. That has not happened way the government is organized. give the government an enlarged right to ap to date. In fact, not one major crime bill has From the beginning, the Department of peal adverse rulings in matters of law. been approved by the Congress. This inter Justice has been assigned the responsibility The federal government moves against minable delay cannot continue if lawmakers of enforcing the law, particularly the crimi street crime chiefly through its LEAA grants expect us to make progress. nal law, as a mechanism of social order and to the States and through its efforts in the Assuming, however, that this entire legis of assuring the quality, efficacy, and fairness District of Columbia. In fiscal 1969, LEAA's lative program is passed, there wm still be of institutions in the criminal justice sys total budget was $63 million. In fiscal 1970, a need for pretrial detention. tem. This is our continuing mission today. it is $268 million. For fiscal 1971, the De The Bail Reform Act provides that every In his statement of May 22, Senator Bayh partment has requested $480 million. Our defendant charged with a non-capital of indicated his concern about the backlogs desire is to increase these federal grants at fense-that is, every defendant charged with and delays in the federal judicial system. a pace that assures their productive utiliza forcible rape, arson, kidnapping, armed rob "Pretrial detention," he said, "won't help us tion, and no faster. bery, burglary, bank robbery, mayhem, man shorten the time between arrest and trial In the District of Columbia, the Depart slaughter, and assault with intent to kill that is a reform the Administration should ment has encouraged a massive recruitment has an absolute, unequivocal statutory right be pursuing with at least equal vigor." program to increase the Metropolitan Police to release before trial, unless there is sub As a matter of fact, the Department of Department to 5100. We have drafted a new, stantial evidence that he will attempt escape. Justice has addressed this problem on modern Juvenile Code. We have also re The Act forbids the trial court from consider countless occasions. A desire to reduce vised some of the District's ca"iminal pro ing a non-capital defendant's danger to the lengthy delays in the system was the chief cedure. community in setting conditions of pretrial reason why we drafted our sweeping pro Organized crime is a serious problem. Our release. posal for reorganization and expansion of best estimate is that the various activities In United States v. Leathers, 412 F. 2d 169, the courts in the District of Columbia. It of organized crime gross $50 billion each 170-171 (D.C. Cir. 1969), the Court of Ap was also the main reason why the Adminis year. To meet this challenge, the Admin peals said: tration supported the Omnibus Judgeship istration worked closely with Senator Mc "The Bail Reform Act specifies mandatorily Bill, which the President recently signed Clellan and the Judiciary Committee on that conditions of release be set for defend into law. It is indisputable that the Depart S. 30, the Organized Crime Control Act of ants accused of non-capital offenses. When ment of Justice has been very active in court 1970, which has passed the Senate and is now imposing these conditions, the sole concern reform. pending in the House. of the judicial officer charged with this duty Senator Bayh also asserted that "Pretrial With the help of Congress, the President is in establishing the minimal conditions detention won't help us begin improving has fulfilled his pledge to provide increased which will 'reasonably assure the appearance our absurd 17th Century prison facili resources in money and manpower to the of the person for trial . . . .' The structure of ties. . . ." This statement is true. But no struggle against organized crime. The number the Act and its legislative history make it inference can be drawn that the Adminis of attorneys in the Organized Crime Section clear that in non-capital cases pretrial de tration is not active in the area of correc of our Criminal Division is expected to reach tention cannot be premised upor.. an assess tional reform. On the contrary, in mid-No 100 by the end of this month. This is a 33 per ment of danger to the public should the ac vember, the President issued a 13-point di cent increase over January 1969. Forty-one cused be released." rective to the Attorney General aimed at im additional attorney positions have been re The Act thus commands that many dan proving the federal correctional system. In quested for fiscal 1971. gerous defendants be released before trial. In the near future, the Attorney General will Far from dismantling the strike forces de considering this fact, let me quote from the release a comprehensive report of his recom veloped during the previous administration, testimony before this Subcommittee of James mendations and plans to implement that we have expanded them, so that there will be V. Bennett, former Director of the Federal directive. Where new legislation is required, at least 20 fully staffed organized crime field Bureau of Prisons. While opposing parts o! new legislation will be forthcoming. offices operating by the end of fiscal 1971. S. 2600 as drafted, Mr. Bennett nonetheless The President's Task Force on Prisoner More than 800 defendants were indicted in said: Rehabilitation issued a valuable report sev organized crime cases last year. "I am not so naive as to believe that every eral weeks ago. Plans are now being made to Last July, President Nixon submitted a one charged wt th crime can be released on follow through on its recommendations. 10-point program to Congress on the problem his own recognizance. There are some so of narcotics. He called for a broad revision threatening, so dangerous, so unreliable they The Department of Justice has expressed of the nation's patchwork laws regulating strong support for Senator Burdick's bill to narcotics and dangerous drugs. The legis must be kept in custody until the case authorize the use of residential community lation he proposed, which passed the Senate against them is speedily disposed of." treatment centers by persons who are placed January 28, attempts to remove harsh in The great deficiency in the Bail Reform Act on probation, released on parole, or manda consistencies from present law. It aims to is that it mandates the release of obviously torily released, as a means of easing their crack down on the professional narcotics dangerous persons and strips society of the return to society. pusher while easing up on the occasional means to protect itself from such persons In addition, the Administration has cham user. It improves enforcement and control before trial. To risk the lives and safety of pioned amendments to the Omnibus Crime procedures but stresses education and re law abiding citizens on the alleged presump Control and Safe Streets Act to allow the search. tive innocence of vicious criminals who may Law Enforcement Assistance Administration On other fronts, the Attorney General has have been caught in the act, is madness. to make grants on the basis of need to State submitted for the consideration of state law Let me illustrate the type of person who and local governments to modernize their makers a model law on narcotics control for should be detained and afforded a speedyo correctional facilities. As the Attorney Gen use at the state level. trial. eral noted in submitting these amendments For the first time, the United States has The recent death of former Representative to Congress: "The criteria for the award embarked on a major program of cooperation Clifford Davis brings to mind the tragic in ing of grants . . . would require assurance with concerned foreign governments to re cid~mt in the House of Representatives on that the programs and projects funded duce the illegal importation of narcotics into March 1, 1954. Three radical extremists would incorporate advanced techniques in this country. We have established good work opened fire from the House gallery wounding design and advanced practices in personnel ing relationships with France, Turkey, and five members of Congress. Clifford Davis was standards and programs." Mexico in this regard. Locally, the Admin one of the victims. The three assailants were To improve operations in the federal ju istration has committed unprecedented booked on charges of assault with intent to dicial system, the Administration has pressed amounts of money to control the narcotics kill, a non-capital offense. Under the Bail for additional Assistant U.S. Attorneys. In traffic and expand treatment facilities in the Reform Act, those persons would be entitled January 1969, 716 Assistants were on the job. District of Columbia. to pretrial release. Today, there are 800. We have requested an Unlike the previous Administration, the Early this month, police in New York ar authorization of 900 Assistants for fiscal present Department of Justice has used the rested Richard Robinson, an 18-year-old 1971. In the District of Columbia, 25 new authority granted by Congress to engage in postal clerk who was identified by seven vic Assistants have been secured, and more have limited electronic surveillance as a weapon tims as the rapist who had terrorized West been requested. Added manpower in the against the organized narcotics traffic and Side women for six months, slipping up be prosecutor's office is an absolute prerequisite organized crime. The prudent use of this hind them and forcing them at knifepoint to reduced backlogs in this jurisdiction. weapon has been instrumental in smashing into their apartments to be raped and robbed. In a parallel move, the Administration has several major narcotics operations in the Robinson was reportedly responsible for at introduced amendments to the Criminal District of Columbia. least 25 sex crimes, and every victim was Justice Act to increase the scope of legal We have introduced or supported other robbed. Under the Bail Reform Act, Robinson services available to indigent defendants in measures against crime, including bills on would be entitled to pretrial release and the federal criminal cases and to increase rates pornography and bombing. trial court would be forbidden to consider 20600 CONGRESSIONAL RECORD-SENATE June 19, 1970 his danger to the community. (See New York allow the repelling of clear and direct gether, over the telephone and otherwise, Daily News, June 5, 1970, at 21.) attacks across the Cambodian border and working with other Senators, in In mid-May, police in Montgomery upon U.S. forces in South Vietnam and County, Maryland, arrested a construction cluding the Senator from Michigan federal law. the new Byrd amendment and my com preciation to the Senator from Virginia The Department of Justice has been at plete support for it. the view of the explanation he is making. voluntary agreement on textile imports original amendment. Mr. McCLELLAN. I thank the Senator. from Japan. That would be far prefer However, I reiterate at this time that I authorize the Senator from West Vir able to a legislated quota solution to this I do not agree with the amendment in ginia, if he can, to secure a live pair for problem. But Japan must be prepared that I do not find there was or is any me, so the RECORD will reflect my position to bargain realistically. The real initia necessity for it. I think it was precipi at the time of the vote and the REcORD tive is still with the Japanese to make a tated solely by the fact that the Presi today, of course, will reflect the reasons reasonable offer. If Japan does not make dent, as Commander in Chief, took the why I shall be absent. a realistic proposal, then there will be action in ordering those sanctuaries in Mr. BYRD of West Virginia. I shall do serious economic consequences for both Cambodia cieared out. That action, I everything I can to accommodate the the United States and Japan. think, has contributed greatly to the se Senator. I have talked to Foreign Minister curity and protection of our troops in Aichi in the past and told him that South Vietnam. It was an action that I SENATE RESOLUTION 420-TO PER Japan cannot have it both ways. Japan think, had the President not taken, he MIT SENATOR McCLELLAN AND cannot expect unrestricted access to the would have been derelict in his duty as SENATE EMPLOYEES TO TESTIFY American market and at the same time Commander in Chief; and I am not con IN A CRIMINAL ACTION have very restrictive import and invest vinced yet that I should support the ment policies in its own country. Japan Cooper-Church amendment even if the Mr. McCLELLAN. Mr. President, I is one of the major industrial powers in Byrd amendment is adopted. send to the desk a resolution, and ask the world but on the question of allow I can come nearer supporting it with for its immediate consideration. ing imports and investment into 1ts owh the language that is proposed by the dis The PRESIDING OFFICER Idaho Chicago Tribune, Oct. 6, 1968) years, as we all know, he has been doing cause of the potentially disastrous effect TREATY COMMITMENTS AND PANAMA CANAL an outstanding job. that it would have on marine life of the (By Donald M. Dozer) So we rejoice with Mr. Bartlett as he near~y oceans and the sufficiency of food for human consumption as sum What will Arnulfo Arias, the new president assumes his new work. We are glad that of Panama [inaugurated on Oct. 1), do wit h he will remain close at hand and that we marized by me in my statement to the t he treaties negotiated by President Robles can look forward to many years of con Senate on April 15, 1970. Other scientists with the Johnson administration and an tinued close association with a close and also oppose the use of nuclear explosives nounced a year ago last June? loyal friend. for its excavation, rendering even more The treaties remain officially secret and are remote the likelihood of any such con still unsigned. Will the new president accept st:::-uction project. In fact, because of them, or will he insist upon renegotiating ADDITIONAL STATEMENTS these scientific findings, the Atlantic them in order to obtain additional conces Pacific Interoceanic Canal Study Com sions from the Unit ed St ates? The concessions OF SENATORS already made in the draft treaties, as pub mission, whose Chairman was also Chair lished by THE CHICAGO TRIBUNE, not only PANAMA CANAL MODERNIZATION: man of our diplomatic negotiating team abandon our former position in the Panama U.S. TREATY COMMITMENTS AND and agreed with the vicious treaty pro Canal Zone but seriously violate our int er OBLIGATIONS posals previously mentioned, seems to nat ional treaty obligations. have entirely abandoned the idea of a From the earliest date when the United Mr. THURMOND. Mr. President, in "sea level" canal. St ates took a policy position on an inter June of 1967, the President of the United Thus, with this ancient confusing issue oceanic canal thru Central America, it en States and the President of Panama an visaged such a canal as an international out of the way, the road is clear for ac wat erway serving all nations on an equal nounced the completion of negotiations tion on pending measures in both the for three proposed new Panama Canal basis. This principle was asserted by Secre Senate and House for the major mod tary of State Henry Clay in 1828; it underlay treaties. These agreements, negotiated ernization of the existing Panama Canal. the provisions of the treaty which the United without the authorization of Congress The proposal embodied in these meas States concluded in 1846 with New Granada, and in disregard of article IV, section 3, ures, known as the Terminal Lake-Third now Colombia.... clause 2 of the U.S. Constitution vesting Locks plan, I would respectfully submit, In 1901, the United States concluded with the power to dispose of territory and is both timely and feasible, and can be Great Britain the so-called Hay-Pauncefot e other property of the United States in treaty, in which it agreed to assume the ex undertaken with every assurance of suc clusive authority and responsibility for con Congress, provided for basic alteratiO?J-S cess an" without treaty involvements. in the juridical structure, ownership, structing a canal across the Central Amer In this connection, Mr. President, I ican isthmus and operating it in accordance management and protection of the invite the attention of Senators to the with the rules prescribed for the free opera Panama Canal. The projected changes fact that when the present program for tion of the Suez canal in the convention of ir.lclude: First, surrendering by the the enlargement of Gaillard Cut is com Constantinople of 1886. These rules, which United States to Panama of sovereignty the United States freely accepted, obligate over the Canal Zone: second, making pleted in 1971, this will mean a total of this government to keep the canal "free and that small and technologically primitive more than $157 million already spent open to the vessels of commerce and of war country a partner in the maintenance, toward such modernization: about $76 of all nations . . . on terms of entire million mostly on lock site excavations at equality." They permit the United States operation, and defense of the canal; Gatun and Miraflores for the Third to levy only "just and equitable" tolls on third, granting the United States an Locks project and over $81 million on vessels using the canal. They provide that option on a site in Panama for a new Gaillard Cut. Moreover, the full modern the United States alone must safeguard and canal of so-called sea level design; and maintain the neutrality of the canal. The fourth, eventually giving to Panama not ization of the existing canal is the only rules also impose other assurances that the only the existing canal but as well any satisfactory solution of the interoceanic United States will operate the canal as an new canal that may be constructed in canal problem; and, most importantly, international public utility. that country, all without any compen no new treaty with Panama is required. In the Spooner act of 1902, Congress The above-enumerated facts make stipulated that the United States, in order to sation whatever. timely and pertinent an examination of discharge the international obligations it was In these connections, I invite attention our treaty commitments and obligations preparing to assume, must acquire "perpetual to the fact that the taxpayers of the at Panama. The answers to these ques control" over a canal zone across the isth United States have a total net investment mus. In the competition for the route, in the Panama Canal, including defense, tions, including the rights of Great Brit Panama gave the United States a grant in ain and Colombia, have been supplied in perpetuity of a strip of Panamanian terri of more than $5,000,000,000-a sum two scholarly articles prepared in 1968 tory in which the United States would which, if converted into 1970 dollars, before the overthrow of President Arias possess and exercise "all the rights, power,and would be far greater. by Dr. Donald M. Dozer, an eminent au authority" which it would have "if it were Exposed as the result of journalistic thority in Latin American policy and the sovereign of the territory." In this Hay initiative of the Chicago Tribune, the Bunau-Varilla treaty, Panama assumed the former State Department official. Be same obligations as the United States for 1967 treaty proposals created national cause of their fundamental nature and sensations in both the United States and keeping the canal "neutral in perpetuity" authoritative documentation, they are and allowing it to be operated "in com Panama. Quoted by me in statements to just as applicable today as when written. formity with all the stipulations" of the the Senate in the CONGRESSIONAL RECORDS Mr. President, as these articles and Hay-Pauncefote treaty. of July 17, 21, and 27, 1967, the indicated the text of the pending measures for the To an audience in Panama in 1910, Pres agreem~nts armed hostile reactions in Panama Canal Modernization Act will ident William Howard Taft said, "We are the Congress and in Panama and, for here to construct, maintain, opera.te, and be of interest to all Members of Con defend a world canal, which runs thru the different reasons, were never signed. gress, officials of executive agencies of Since that time significant political heart of your country, and you have given Government concerned with canal pol us the necessary sovereignty and jurisdiction changes have occurred in Panama, in icy matters and the Nation at large, I ask over the part of your country occupied by cluding the election by an overwhelming that canal to enable us to do this effec majority and the inauguration on Octo unanimous consent that all three be printed in the RECORD. tively." ber 1, 1968, of Dr. Amulfo Arias as From the beginning, the United States rec President and his overthrow 3 days later I also ask unanimous consent that the ognized that the canal should be kept im by a military junta that is still in power. recent article in the Baltimore Sun by mune from belligerent action and free for Notwithstanding these changes, pressure Richard Basoco, entitled "Canal Report impartial service to world shipping. This Will Lack Data on Atomic Blasting," be policy was reaffirmed as recently as Jan. 14, for resumption of treaty negotiations still 1964, when President Lyndon Johnson ring exists and the treaties yet hang like a printed in the RECORD. This article again ingly declared: "The United States cannot sword of Damocles over the strategic shows the problems of the sea level canal allow the security of the Panama canal to Panama Canal. from a moral and ecological standpoint. .be imperiled. We have a recognized obliga In addition, the last 3 years have There being no objection, the items tion to operate the canal efficiently and se- June 19, 1970 CONGRESSIONAL RECORD- SENATE 20605 curely, and we intend to honor that obliga thru the canal her troops, materials of war, Because of the increasing demands of world tion in the interests of all who depend on and ships of war without charge, and to commerce, Congress should proceed without it." enjoy preferential tariff treatment for her delay to complete improvements in the canal This was the last correct statement of our products when passing thru the canal or authorized during World War II as a post traditional interoceanic canal policy-a imported into the Canal Zone. In the event war project. This modernization plan can be policy to which the United States had ad of interruption of canal traffic, the United carried thru without any new negotiations hered for approximately 140 years. In Sep States must transport free of charge Co with Panama and would render the three tember, 1964, President Johnson reversed lombian coal, petroleum, and salt passing Johnson treaties superfluous. himself and announced the opening of new from one coast of Colombia to the other over negotiations with Panama which would ab the Panama railway. s. 2228 rogate the Hay-Bunau-Varilla treaty of 1903, Under the new treaties, the joint board A bill to provide for the increase of capacity repudiate the obligations of the United charged with the administration of the canal and the improvement of operations of the States in the operation and defense of the is given power "to continue or discontinue Panama Canal, and for other purposes canal, and recognize Panama's sovereignty any activity" now being conducted in the over the Canal Zone. operation of the canal. Under this blanket Be it enacted by the Senate and House Three new treaties were subsequently ne authority the board obviously may, if it of Representatives of the United States of wishes, terminate the special privileges which America in Congress assembled, That this gotiated in conformity with President John Act may be cited as the "Panama Canal son's new guidlines. The treaties create a Colombia now enjoys under treaty with the United States. Modernization Act". new joint United States-Panamanian ad SEc. 2. (a) The Governor of the Canal, un ministrative board for canal operations, con In that eventuality, can the United States sustain these concessions, having abandoned der the supervision of the Secretary of the sisting of five members appointed by the Army, is authorized and directed to prose President of the United States and four ap sovereignty over the canal and the Canal pointed by the president of Panama. This Zone? And if Panama chooses not to con cute the work necessary to increase the ca board is expected to operate the canal under tinue to grant the privileges to the nation pacity and improve the operations of the permission of "the Republic of Panama, as against which she rebelled in 1903, would Panama Canal through the adaptation or sovereign over the canal area." not Colombia have a valid claim against the the third locks project set forth in the re United States? Her complaints would be port of the Governor of the Panama Canal, The Johnson administration thus proposes dated February 24, 1939 (House Document to submit to the mercy of this board the directed against the only other co-signer of the Thomson-Urrutia treaty. And how could Numbered 210, Seventy-sixth Congress), and shipping of the United States [which con authorized to be undertaken by the Act or stitutes 72 per cent of the vessels transiting the United States fulfill its treaty obligation to transport Oolombian products over the August 11, 1939 (53 Stat. 1409; Public Num the canal) and to renounce our responsibil bered 391, Seventy-sixth Congress), with ity to operate the canal as a world service Panama railway if Panama exercises the option [given her in the new treaty) of dis usable lock dimensions of not less than one as established by treaty and by usage for hundred and forty feet by not less than one more than 60 years. continuing within two years the operation of the railroad as a common carrier? thousand two hundred feet by not less than If this board should impose discrimina forty-five feet, and including the following: tory tolls upon the vessels of certain na Colombia has already officially served no tice that she will not relinquish the rights elimination of the Pedro Miguel locks, and tions, or levy tolls which are not "just and consolidation of all Pacific locks near Mira equitable," could it be brought to account and exemptions granted her in the Thom son-Urrutia treaty. Colombia understandably flares in new lock structures to correspond by a complaining nation for violation of a with the locks capacity at Gatun, raise the treaty? Obviously not, for it is not a party has failed to respond favorably to the sug gestion by the United States ambassador in summit water level to its optimum height or to any treaty. Would not the complaint of approximately ninety-two feet, and provide the aggrieved nation lie against the United Bogota that if she wants to continue to en joy her privileges she will have to conclude a a summit-level lake anchorage at the Pa States, which is entrusted with the responsi cific end of the canal, together with such bility of operating the canal and of comply new treaty with Panama. If the United States abrogates the Thomson-Urrutia treaty, Co appurtenant structures, works, and facili ing with the treaty conditions laid down ties, and enlargements or improvements of for its operation? Are we as a nation pre lombia would be no longer bound to recog nize the independence of Panama, for Colom existing channels, structures, works, and pared to abandon our position of strength facilities, as may be deemed necessary, at as defenders of treaty pledges and the law bia's recognition of Panama was one of the an estimated total cost not to exceed $850,- of nations? conditions of that treaty. Colombia then could reassert her former sovereignty over 000,000. (b) The provisions of the second sentence (From the Chicago Tribune, Oct. 13, 1968) Panama, under the principle of titular or and the second paragraph of the Act of Au residual sovereignty. gust 11, 1939 (53 Stat 1409; Public Num THE U.S. IS OBLIGATED TO KEEP PANAMA The increase in tolls provided for in the CANAL bered 391, Seventy-sixth Congress), shall new treaties will bear with special hardship apply with respect to the work authorized (By Donald M. Dozer) upon all the countries on the west coast of by subsection (a) of this section. As used in Where large responsibility is vested, large South America, the bulk of whose foreign such Act, the terms "Governor of the Pan authority is needed. British shipping in commerce passes thru the Panama canal. The ama Canal", "Secretary of War", and "Pan terests have already mounted strenuous pro discouragement of this trade can only retard ama Railroad Company" shall be held and tests against the unilateral abdication by the progress toward the Latin American com considered to refer to the "Governor of the United States of its authority over the Pan mon market which President Johnson in Canal Zone", "Secretary of the Army", and ama Canal. Vessels of British registry are the dorsed in April, 1967. "Panama Canal Company", respectively, for third largest users of the canal (after those The United States should neither expect the purposes of this Act. of the United States and Norway). nor allow any other nation or group of na (c) In carrying out the provisions of this "Now that Suez is closed," declares a tions to assume the responsibility for the Act, the Governor of the Canal Zone may act spokesman for British shipping interests, Panama canal which the United States itself and exercise his authority as President of the "the Panama canal is definitely the world's is obligated to exercise under international Panama Canal Company and may utilize the No. 1 artery." The British have a large stake law. Quite apart from our own large strategic services and facilities of that company. in the continued efficient and equitable op interest in the canal, policy makers cannot SEc. 3. (a) There is hereby established a eration of the Panama canal, and they possess flout with impuruty our solemn treaty board, to be known as the "Panama Canal adequate treaty rights to insist upon it. pledges to maintain the canal as an inter Advisory and Inspection Board" (hereinafter Recent experience with the Suez canal oceanic highway of world commerce, now the referred to as the "Board"). proves that only a responsible nation can most important in the world. For more than (b) The Board shall be composed of five fulfill international obligations like those 60 years the United States has executed its members who are citizens of the United which the United States assumed in under trust with respect to the Panama canal. States of America. Members of the Board taking to build and operate the Panama But now, in its pusillanimous efforts to shall be appointed by the President, by and canal. How can little Panama be expected to cater to Panamanian extremists, the United with the advice and consent of the Senate, discharge those obligations? States is failing in its responsibilities to as follows: Colombia has a direct and vital treaty world shipping. The assumption of these re ( 1) one member from private life, expe interest at least equal to Great Britain's sponsibilities by Panama or even by Colom rienced and skilled in private business (in in the continued operation of the Panama bia can lead in the end only to another vic cluding engineering); canal under the sovereign control of the tory for soviet imperialism. (2) two members from private life, expe United States. In the Thomson-Urrutia treaty The United States can avoid formidable rienced and skilled in the science of engi signed in 1914 and ratified in 1922, Colombia international complications by continuing to neering; acknowledged that title to the Panama canal exercise over the Panama canal and the Canal (3) one member who is a commissioned was "vested entirely and absolutely in the Zone the measure of sovereign control to officer in the Corps of Engineers, United United States of America." But as the former which it is entitled by treaty. Such control States Army (retired); and territorial sovereign over Panama, she was has been shown by experience to be necessary (4) one member who is a commissioned able to gain recognition from the United to operation and protection of the canal as a officer of the line United States Navy States of large privileges in the use of the highway of world commerce for the use of all (retired). ' canal. These included the right to transport nations. (c) The President shall designate as Chair- 20606 CONGRESSIONAL RECORD-SENATE June 19, 197d-
man of the Board one of the members ex duction of documentary evidence, may be re But, he added, if a decision were made to perienced and skilled in the science of quired from any place in the United States, go ahead with a new canal project in the engineering. or any territory, or any other area under the near future, "there is no question about it, it ( 4) The President shall fill each vacancy on control or jurisdiction of the United States, would have to be done through conventional the Board in the same manner as the original including the Canal Zone. excavation." A canal project would have to appointment. SEc. 6. In carrying out its functions and be delayed "a minimum of ten years" for nu (e) The Board shall cease to exist on that activities under this Act, the Board is au clear blasting to become a realistic alterna date designated by the President as the date thorized to obtain the services of experts tive, he said. on which its work under this Act is com and consultants or organizations thereof in Created in September, 1964, the commis pleted. accordance with section 3109 of title 5, United sion is scheduled to submit its final report to (f) The Chairman of the Board shall be States Code, at rates not in excess of $200 President Nixon by December 1, 1970. Con paid basic pay at the rate provided for level per diem. gress charged it with the responsibility of II of the Executive Schedule in section 5313 SEc. 7. Upon request of the Board, the head recommending which of several possible of title 5, United States Code. The other of any department, agency, or establishment routes ~or a new canal seemed preferable, and members of the Board appointed from private in the executive branch of the Federal Gov to C?D:Slder, in reaching that conclusion, the life shall be paid basic pay at a per annum ernment is authorized to detail, on a reim feas1b1lity of using nuclear excavation rate which is $500 less than the rate of basic bursable or nonreimbursable basis, for such methods. pay of the Chairman. The members of the period or periods as may be agreed upon by Mr. Sheffey said that the commission's total Board who are retired officers of the United the Board and the head of the department, authorization for its work was $24 million States Army and the United States Navy each agency, or establishment concerned, any of and that he expected it would return some shall be paid at a rate of basic pay which, the personnel of such department, agency, $1.5 million to the government. Most of the when added to his pay as a retired officer, or establishment to assist the Board in car $22.5 million that will have been spent by will establish his total rate of pay from the rying out its functions and activities under December 1, he said, was allocated to exten United States at a per annum rate which is this Act. sive field surveys which- probed the difficul SEc. 8. The Board may use the United ties involved in the use of nuclear excavating $500 less than the rate of basic pay of the techniques. Chairman. States mails in the same manner and upon (g) The Board shall appoint, without re the same conditions as other departments Most of the data required to assess con and agencies of the United States. ven~i onal excavation methods was already gard to the provisions of title 5, United ava1lable he said, but the possible use of the States Code, governing appointments in the SEc. 9. The Administrator of General competitive service, a secretary and such Services or the President of the Panama atom required studies of wind currents, the Canal Company, or both, shall provide, on food cham from plant to animal to man and other personnel as may be necessary to carry the like. ' out its functions and activities and shall fix a reimbursable basis, such administrative support services for the Board as the Board But the Atomic Energy Commission was their rates of basic pay in accordance with able to conduct only two significant tests, chapter 51 and subchapter III of chapter 53 may request. SEc. 10. The Board may make expenditures Mr. Sheffey said, when at least five had been of such title, relating to classification and anticipated and more than that preferred. General Schedule pay rates. The secretary for travel and subsistence expenses of mem and other personnel of the Board shall serve bers and personnel of the Board in accord John Kelly, an AEC official involved in the ance with chapter 57 of title 5, United States testing program, said, "We are encouraged at the pleasure of the Board. by what we've been able to do," but conceded SEc. 4. (a) The Board is authorized and Code, for rent of quarters at the seat of government and in the Canal Zone, and for that not enough experiments have been con directed to study and review all plans and de ducted to make realistic recommendations signs for the third locks project referred to such printing and binding as the Boord deems necessary to carry out effectively its He said his agency has conducted ab~ut in section 2(a) of this Act, to make on-the half a dozen nuclear cratering tests and "a site studies and inspections of the third locks functions and activities under this Act. SEc. 11. All expenses of the Board shall be substantial number" of cratering tests with project, and to obtain current information on conventional explosives, such as TNT. all phases of planning and construction with allowed and paid upon the presentation of respect to such project. The Governor of the itemized vouchers therefor approved by the SEVERAL MILLION PER TEST Canal Zone shall furnish and make available Chairman of the Board or by such other But much more testing with higher yield to the Board at all times current informa member or employee of the Board as the nuclear blasts are required and they are more tion with respect to such plans, designs, and Chairman may designate. expensive, he said. There is no money for any construction. No construction work shall be SEC. 12. Any provision of the Act of August excavation testing ·at all in the AEC's budget commenced at any stage of the third locks 11, 1939 (53 Stat. 1409; Public Numbered for fiscal 1971, he said, although the current project unless the plans and designs for such 391, Seventy-sixth Congress), or of any other budget had more than $7 million for that work, and all changes and modifications of statute, inconsistent with any provision of purpose. such plans and designs, have been submitted this Act is superseded, for the purposes of Each of the tests conducted, Mr. Sheffey by the Governor of the Canal Zone to, and this Act, to the extent of such inconsistency. said, "runs several million dollars." have had the prior approval of, the Board. SEC. 13. There are hereby authorized to be Both Mr. Kelly and Mr. Sheffey expressed The Board shall report promptly to the Gov appropriated such sums as may be necessary the hope that the AEC's test program would ernor of the Canal Zone the results of its to carry out the provisions of this Act. Any continue, although Mr. Kelly suggested that studies and reviews of all plans and designs, sum appropriated to carry out the provisions one reason no funds were provided in next including changes and modifications there of section 2(a) shall remain available until year's budget was that the data would not of, which have been submitted to the Board expended. have been available for the canal commission by the Governor of the Canal Zone, together anyway and the urgency for continuation of with its approval or disapproval thereof, or [From the Baltimore Sun, Apr. 15, 1970] the testing had therefore melted away. its recommendations for changes or modifica CANAL REPORT WILL LACK DATA ON ATOMIC COMPARISON ESTIMATE tions thereof, and its reasons therefor. BLASTING (b) The Board shall submit to the Presi (By Richard Basoco) A new canal dug by conventional means dent and to the Congress an annual report would take some 10 to 15 years to complete WASHINGTON, April 14.-After five years of at a cost of perhaps $3 billion, while, "if covering its activities and functions under study and the expenditure of $22.5 million, this Act and the progress of the work on the everything went perfectly," Mr. Sheffey said, the Atlantic-Pacific Inter-Ocean Canal Study nuclear excavation would take six to nine third locks projects and may submit, in its Commission will be unable to suggest the discretion, interim reports to the President years and save about $1 billion. feasibility of using nuclear excavation tech The difficulties in negotiating the use of and to the Congress with respect to these niques when it submits its final report on a matters. nuclear devices, however, could mean that new canal through Central America. the length of time from inception of the SEc. 5. For the purpose of conducting all John P. Sheffey, executive director of the project to completion might not be any st udies, reviews, inquiries, and investiga canal commission, said today that "political tions deemed necessary by the Board in car shorter than by conventional means, he constraints and budgetary problems" at the added. rying out its functions and activities under Atomic Energy Commission have made it im The present canal is reaching the point of this Act, the Board is authorized to utilize possible to collect the kind of data required any official reports, documents, data, and saturation usage by shipping and is too small to make a responsible recommendation re to accommodate either the large tankers or papers in the possession of the United States garding the use of nuclear explosions to cre big aircraft carriers already afloat. Government and its officials; and the Board ate a "second" Panama Canal. is given power to designate and authorize The AEC's nuclear cratering test program any member, or other personnel, of the "has fallen behind the planned schedule so Board, to administer oaths and affirmations, that the [canal] commission won't have TEXTIT.-E IMPORTS subpena witnesses, take evidence, procure in enough information to find it either feasible Mr. TALMADGE. Mr. President, we are formation and data, and require the produc or unfeasible," Mr. Sheffey said. all familiar with the textile import prob tion of any books, papers, or other docu If construction of a canal across Panama ments and records which the Board may where two routes are under consideration lem. Pending in the Senate is legislation, deem relevant or material to the performance or across Colombia were deferred "for a large of which I am a sponsor, to establish im of the functions and activities of the Board. number of year~." he said, the use of nu port quotas and slow down the excessive Such attendance of witnesses, and the pro- clear energy may be feasible, Mr. Sheffey said. fiow of cheap. foreign-produced goods- June 19, 1970 CONGRESSIONAL RECORD- SENATE 20607 principally from Japan-into the United [From the Atlanta Constitution, June 16, And here I should like to say that we in States. Moreover, in the House of Rep 1970) the Administration have also been trying to THE TEXTILE TRADE change the system for the b ·. +.er. We recog resentatives, more than 250 Members nize that institutions and their relationships have signed import control bills. The problems of international trade am.ong cannot remain rigid, that they must alter This is a tremendous show of force and nations are with us yet, ranging from Brit with the changing circumstances of those concern about a problem that has ain's possible entry into the Common Market they serve or they will cease to serve. to the current hassle over textile imports To begin, this Administration has been· reached critical proportions. It is a prob from Japan. lem that cannot be ignored any longer. particularly concerned with the relationship The textile controversy is particularly per of the Federal government to the state and The President recently indicated that tinent to Georgia; the textile ind,ustries are local governments. It is this relationship he would withdraw his previous opposi the state's number one employer, providing that is the fundament of our Nation'- gov tion to import control legislation. This more than 180,000 jobs. ernment, and for this reason President Nixon was a very encouraging sign. It prompted President Nixon indicated this week that ha... made it the heart of his program, The the Atlanta Journal and the Atlanta he will likely withdraw opposition to a.ction to restrain the fiow of foreign textile goods New Federalism. Recognizing that too much Constitution to issue editorials favoring primarily from Japan-to this country. It power had over the years become centralized the President's apparent decision. means, probably, that Congress will indeed in Washington through the power of taxa This means jobs to American citizens pass legislation limiting textile imports to tion, this Administration has proposed that who are being put out of work because this country. a portion of its revenue be given back to of foreign competition-at a time when It's our view that, in the long run, all such the states and cities. Our federal system re unemployment in the United States al limitations on international trade are self quires strong state and local governments, defeating. but they cannot meet their responsibilities if ready is becoming perilously high. The they do not have the adequate resources. We Atlanta Journal expressed it well in stat That is, industries in this country must be able to compete on a cost basis with similar propose to give them those resources. ing: industries in other countries. Yet ••• and Re.venue sharing is not the only program, We no longer are rich enough to sacri it should be said ... objectively, there are however, through which we are trying to re fice local payrolls for international ideals. situations in which some countries are able align the balance between the state and local gover:n..ments and Washington. In the Fam This is a problem that is particularly to compete because of their relatively low wage scale. ily Assistance Program there are provisions acute in Georgia. Textiles and apparel Mr. Nixon pledged during his campaign that put new emphasis on state and local compose the State's largest employer, that, barring some voluntary agreement on management of manpower training efforts. providing jobs for more than 180,000 peo the part of textile-exporting countries (like Earlier Administrations tended to place the ple. So far this year, textile employment Japan), that he would go along with legisla power and control of these programs in the in Georgia is down nearly 5,000 from tion to restrain the import into the United hands of those in the Federal government. We are trying to reverse that trend. 1969. States of some textiles, primarily woolens and I ask unanimous consent that the edi synthetics. (There are already such controls On the other hand, we feel that in spe on cottons.) cific areas it's better if the Federal gov torials be printed in the RECORD. ernment take over certain functions earlier There being no objection, the editorials Japan has refused to agree to any voluntary controls in this area. On this basis, we think left to state and local government. In par were ordered to be printed in the REcoRD, President Nixon is right to withdraw his ticular, this Administration was worried by as follows: opposition to congressional action. the lack of equity in welfare payments, (From the Atlanta Journal, June 15, 1970) which varied widely from state to state. We felt that the Fed.earl government had a re TEXTILES NEED HELP sponsibility to assure thalt all beneficiaries The word from Washington is that Presi VICE PRESIDENT AGNEW'S under this program received fa.ir and equal dent Nixon is favorable to the idea of quotas REMARKS AT ITT SEMINAR treatment, no Inaltter where they lived. on textile imports. Mr. GRIFFIN. Mr. President, on Consequently, we are moving toward equal This suits us. Wednesday, June 17, Vice President izing the benefits of the welfare program It is a good idea as this is the leading across the nastion. We arotempt this not Southern and Georgia industry. The textile AGNEW spoke at the annual ITT seminar through blind allegiance to any polLtical ide payroll is basic to this state's economy and here. I ask unanimous consent that the ology, but out of a desire to assist all the the textile industry is unhappy. text of his remarks be printed in the citizens of this country to beoome self The chief reason is the entry into this RECORD. sufficient and productive. country of foreign goods produced more There being no objection, the address A second area in which this Administra cheaply than we can produce the same goods. was ordered to be printed in the RECORD, tion has worked to improve the govern Efforts to bring about voluntary restraint as follows: mental system is in the relationship of the here have failed, due mainly to the Japanese individual citizen to his government. In the refusal to voluntarily control their exports to ADDRESS BY THE VICE PRESIDENT matter of welfare, for instance, the programs us. You have heard this morning some very that had accumulated prior to this Adminis So? Voluntary controls having failed, the perceptive and lively analyses of the nature tration were often degrading to the recip President is willing to go along with manda of power and decision-making in Washing ient, always confusing. President Nixon has tory ones, a thing desired by textile men. ton. This afternoon, you will consider some taken bold steps to simplify the welfare pro This is good if you think that what is of the more urgent problems and several of gram. He has proposed a minimum income good for textiles is good for this country, the more controversial institutions of our for every family in America. He has proposed and at this time and from Georgia's point of government. -My comments today will be ad reform of the food-stamp, rent subsidy and view this is true. dressed to what correlates the problems and other assistance programs. He has proposed However the move will be resisted by those the institutions-the governmental system. a comprehensive package of health services in favor of freer trade to build up the econ It is through the system that we ultimately for all poor families with children. He has omies of other nations and good will around bring together our problems, our people and done this in order to help the needy citizen the world for Uncle Sam. our institutions in such a way as to make a to obtain the best assistance in the simplest The point of view of these people is thor resolution of our difficulties possible. I shall way. And again I stress, he has done this oughly admirable, of course, and from the concentrate specifically on changes in the not out of allegiance to some ideology, but long term point of view they could be right. system, because the efficacy of the system is in order to aid more effectively those who However this view is a luxury only the rich a topic of great importance to most Ameri need help. can afford, and we no longer are rich enough cans today, in particular, the young. There A totally different matter, yet one that to sacrifice local payrolls for international are a few who attack the system and demand also affects the relationship of a citizen to ideals. There also is the sound argument that its elimination, but I have been greatly en his government is the matter of the Electoral Japan, the chief beneficiary of our gener couraged in recent months by those students College. The President has pledged his sup osity, may be in better economic shape today and other young people who have announced port of Electoral College Reform, and he has than we are. their resolve to work, as they put it, "within demonstrated his willingness to compromise There is also, of course, the political angle. the system." Their task will not be easy. on methods which will achieve the desired This administration seeks Southern fa Indeed, most of them know this already, for result. He has done this because he knows vors, and this is a very good way to gain many of them tried two years ago to get that in order to have confidence in his gov the friendship and gratitude of an important candidates of their choice elected, and they ernment, every citizen must have confidence bloc of Southerners. were defeated. But they have not given up, that his vote will be weighted equitably in Textile employment in Georgia is off near and I praise their willingness to try again. the final tally. ly 5,000 over this time last year. We'd au be It is not only their willingness to work One final topic can be mentioned here: the very pleased to see these people back at within the system that I commend, but also issue of the 18 year old vote. I have repeat work and hope these restrictions will help their great desire to change that system for edly said, and I continue to believe, that bring this about. the betoter. America's most valuable resource is her 20608 CONGRESSIONAL RECORD-SENATE June 19, 1970 young people. The greatest challenge facing trymen to refrain from thinking that if they Secretary KENNEDY. That is right, Senator. American government is to find ways to ren are not heeded, they have not been heard. It Senator BYRD. So the federal funds deficit der that resource productive-ways which is one thing to be listened to, another to be will be $11 billion for this fiscal year which satisfy both the idealism of youth and the obeyed. Those who are deeply concerned ends the 30th of June. practical demands of governing the Repub about substantive issues will often find that Secretary KENNEDY. That is our present lic. By lowering the voting age to 18, the Fed others disagree, not because these others do estimate, that is right. eral government can encourage young people not understand, but because they feel hon Senator BYRD. Now, according to your esti to direct their tremendous energies toward estly that a different path is better. The mate, as I understand it, the federal funds constructive participation. The President has fair-minded man will recognize this fact. deficit for fiscal 1971 you estimate to be a asked that a top-level study be conducted to Nothing is more vital to the functioning of a little over $10 billion. determine how best to effectuate the exten democracy than a generous spirit of compro Secretary KENNEDY. About $10 billion that sion of the franchise to this group of citi mise, a willingness to yield to the wishes of is right, Senator. ' zens. the majority alld to do so without rancor, Senator BYRD. So this year we will have a As Governor of Maryland, I supported a without harboring the bitter thought that deficit of 11 billion, next year we will have Constitutional reform to allow 18 year olds we have not been heard or understood. a deficit of more than $10 billion. to vote. My position on the issue has not It is vital that we retain a faith in the Secretary KENNEDY. On a federal funds changed. If a man is old enough to serve basic soundness of our governmental system, bs.sis. his nation at arms at 18, is he not old even when distressed by its decisions. And Senator BYRD. On a federal funds basis. enough to vote? If a woman is considered I refer not only to decisions of such a nature So I think it very important that the gen mature enough to enter a lifetime contract that no one can say with certainty that they eral public understand that, understand that of marriage at 18, is she not mature enough are right or wrong. I refer even to decisions we are nowhere near a balanced budget. to vote? The voting age should be lowered, that are wrong. In 1920 our constitution was The only way that we can be construed as and I believe that once our young people amended to forbid the sale of liquor in this being anywhere near a balanced budget is can sound off at the polls, there will be country. In 1933 that act was nullified. Cer by taking the roughly $9 billion of surplus less need to sound off in the streets. They'll tainly one of those decisions was a bad one. in the trust funds, and applying that against have the chance to be counted where it But is there anyone who would therefore the federal funds, and yet the tru:;t funds counts. discard our constitution, because it proved a consist, for the most part, of social security These are changes that this Administra vehicle to error? funds and, secondly, of highway funds. And that is the issue today. Will the critics tion has already made or is considering pres Now, if the Congress approves your re ently. They are changes that affect the of the war in Vietnam condemn our entire governmental system because of their belief quest for an increase of 18 billion dollars in system as a system. They will alter the re the debt ceiling, will this not mean that the lationships at the Federal government to that this war is wrong? I am confident that the majority of them will not, for they, as debt celling has been increased by $30 bil the state and local governments, and of the lion within the last 15 months. Or to put citizens to his government. Such changes are well as I, realize that it would be folly. I, for one, believe that our presence in Southeast it another way, did not the Congress increase important. the debt ceiling at your request last year by But they will have little significance, if Asia is warranted, is necessary, is moral. But let that pass. Much more do I believe that $12 billion? the citizens themselves show no concern. Secretary KENNEDY. That is right. And that is why I am so encouraged by the our system of government has proven itself to be the surest legal instrument to human Senator l3YRD. What month was that done, positive involvement of most of the young do you recall. people in this country. They are showing a welfare that the world has ever known. I do not say that it can give us happiness, for it Secretary KENNEDY. It was about this time spirit of inquiry and concern, a spirit that of the year, but it was earlier than that will not accept the institutions of the past cannot, and that is why I have called it a legal instrument to human welfare, for its April. unquestioned. They are proposing changes Senator BYRD. April. and they are working to effect those changes. laws provide the framework within which each one of us can pursue his own happiness. Then in a maroter of 15 monrthS, assuming They have shown an unprecedented in the Congress acts favorably on today's re terest in political affairs. They have revealed In our belief, this is the fundamental role of government, to give the citizen the great quest, the debt ceiling will have been in a determination to become active partici creased by $30 million in a matter of 15 pants in our government. This activity is est possible opportunity to lead his own life in a way that he sees fit. It is toward this months. positioned on the assumption that politics Secretary KENNEDY. That is the peak debt is important and demands the attention of end that our proposals for changes in the all citizens. It is a new attitude, a trend governmental system are aimed, and we be ceiling, the peak to which we can go. The away !rom the traditional view that politics lieve that the energetic young people of this standard debt ceiling was not increased last is a dirty business fit only !or the politi country who are dedicating themselves to year but we are proposing an increase this cians. I welcome it. I welcome this new in working within the system, have the same year. terest in politics, and I should like to urge goal that we do. We ask them to join us. Senator BYRD. Yes. all citizens to join in the current examina Well, in any case, does this not dramatize tion of our government, to join in our ef that the government is operating heavily forts to reshape this one part of our Ameri THE DEBT CEILING in the red, that we are nowhere near a. balanced budget? Does it not dramatize the can system. Mr. Mr. These efforts are not easy, and I must add BYRD of Virginia. President, fact that the government is spending way two words of caution to those who would on Thursday, June 18, Secretary of the beyond its means, and is coming to the bring change into our system. First, change Treasury Kennedy and the Budget Di Congress to increase the debt ceiling so as, comes slowly. This can be frustrating, espe rector, Mr. Mayo, testified before the as you express it, to restore much needed cially to young people with high hopes. To Committee on Finance. confidence in the business community. those who believe in the rightness of their They advocated that the ceiling on the Secretary Kennedy. Under the standard or cause, the inertia of the system may appear national debt be increased $18 billion the definition that Congress has set !or the to be a brutal weakness. But I submit that debt limit we must have this kind o! an in what appears to be a weakness is in reality from the present $377 billion to $395 crease with our budget prospects because the a strength. I wlll concede that sometimes billion. debt limit is, as it is on the statutes today, beneficial changes are impeded by the struc I ask unanimous consent that some of consistent with the federal funds basis. tures of our government, to the detriment the questions put to them, and their The other measure that you talk about, the of the Nation. But for every good proposal replies, be printed in the RECORD. trust funds, is a measure that determines the that is hindered, ten bad ones are sufficiently There being no objection, the material effect on the economy of the total of all retarded that the citizens and their repre government operations. It is a measure of was ordered to be printed in the RECORD, whether the government itself, including the sentatives can take the time to consider them as follows: and ultimately to reject them. That is why trust funds, is taking out of or putting into the men who wrote our constitution took Senator BYRD. Thank you, Mr. Chairman. the economy funds. On that basis, we are in great pains to build into our fundamental Mr. Secretary, I think the debt ceiling is a. position now in the budget of a slight law impediments to rapid alteration, and the a very important tool that can be used to deficit. On the basis of the statutory debt history of our Nation, guided by the concepts hold down government spending. I think limit we are in a. position of a larger, large that form the oldest written constitution in this very hearing today is of considerable deficit. the world, is proof that those men were wise. importance because it focuses, or should Senator Byrd. You stated that the enact My second word of caution refers to the focus, attention on the fact that while the ment of this legislation would "restore much principle on which our government is based, public has been given the impression that needed confidence in the business com the principle of majority rule. In a democ we are operating somewhere near a balanced munity." racy like ours change cannot come without budget, the government actually is operating Secretary Kennedy. Well, the point there, majority consent. It is not enough to dissent under a very heavy deficit. Senator, that I had in mind is that the con if you want new laws, new structures, or new Now, am I not correct that your federal fusion that we may have over not extending men. Concern about the issues and a desire funds deficit for the fiscal year which ends this, and what would happen if it were not for reform must be coupled with persuasion. the 30th of June, the end of this month, will extended would cause chaos in the financial Here it is that I must urge some of my coun- approximate $11 billion. markets because come June 30, when we are June 19, 1970 CONGRESSIONAL RECORD- SENATE 20609 over the debt limit, we will actually be over whether, in his judgment, we can afford at Senator BYRD. $19 billion. the debt limit, we would not be able to fi this time, or should at this time, double the Mr. MAYO. Yes. It is what it was when we nance in the market legally Treasury bills, cost of welfare. made the estimate in January. It is now notes or bonds and which would mean we Mr. MAYO. My opinion is that we have to go $20 billion even, I believe, with the revisions would just not be able to pay bills. ahead with the program such as this, Senator we published in May 19th. Senator Byrd. I concur in that context of Byrd. I am one of those who wants to move Senator BYRD. Let me get this straight now. restoring confidence in the community, but cautiously here. I want to see us develop, Fiscal 1971 will call for interest payment ot it seems to me the very fact that you have just as you do, the best way of doing this, $20 billion? to come here and seek an $18 billion increase and I know you just do not like things Mr. MAYo. I believe that is correct. Yes, in the debt limit, that you come here and better because they are postponed, but I $20 billion. point out, as you must do, that there will be will say that in fiscal 1971 we are not ready Senator BYRD. $20 billion. What were the an $11 billion deficit this year, and at least fiscally to go into this new program, nor are interest payments for fiscal 1970? a $10 billion deficit next year in the federal we ready on many other grounds. Mr. MAYo. Let me see here. Current esti funds, it seems to me that is not going to I do not want to see us leap into some mates, $19,350,000,000. restore confidence in the business com thing where we have not examined very care Senator BYRD. $19.3 billion. What have you munity. As a matter of fact, as these figures fully not only the philosophy but the oper for fiscal 1969? become better known, and I don't think they ation of this program. Mr. MAYO. $16.6 billion. are known, as these figures become better We are guilt y in the United States in not Senator BYRD. Fiscal 1968? known, it seems to me that it is going to just welfare but in so many other areas of Mr. MAYO. $14.6 billion. decrease confidence in the business com being so perceptive that we see a problem, Senator BYRD. So that in that four-year munity. that is fine. But then we tend to stand up period-flscal 1968 through fiscal 1971, that Senator BYRD. May I ask the Budget Direc and throw money at it and hope that the four-year period, the interest on the debt tor this question: Mr. Mayo, the Department problem will go away. This is one of the rea has increased from $14.6 billion to $20 b1llion? of Health, Education, and Welfare has sent to sons why the President has felt so strongly Mr. MAYO. Yes, sir. the Congress a new welfare program that is that he must stress even more the manage before this committee now. The cost will be, ment of the Government in the new office Senator BYRD. An increase of $5.4 billion in round figures, approximately double the or percentagewise in that short period of within the Executive Office of the President time it has increased about 40 percent . cost of the present welfare program. because if we do not get ahold of our delivery My question to you is this: Do you think systems ancl. make them work, we are indeed Mr. MAYo. Yes; that is correct. the Government can afford, at this part icu wasting billions of dollars of the taxpayers' Senator BYRD. 40 percent in that short pe lar time, to double the cost of welfare? money. riod of time. Mr. MAYo. We have a very serious problem Senator BYRD. Let me ask you this ques So am I correct in this assertion t hat the in our welfare program. Although we are tion: How do you reverse the trend to the $20 billion interest charge figure in the fis putting quite a bit of money, as you have welfare state by increasing the welfare rolls cal year 1971 budget will be the second suggested, into that program, we do not feel from the 10 million persons to 24 million highest non-defense item in the budget , t he that in its present stage it is an equitable persons? highest being for HEW? program, nor do we feel that it gives proper Mr. MAYo. Many of the additions to those Mr. :MAYO. I think that is a correct state encouragement to the underprivileged who rolls are purposely in trying to bring in fur ment, lumping it in that way. are working but are still in the poverty cate ther incentives to those in the poverty areas, Senator BYRD. And for that $20 billion t he gory, for them to get out of their present to make it on their own either through man taxpayers get no programs, and they get status. power training, giving them some encour nothing for that interest payment of $20 We need to encourage them in many ways agement to try to give them some light at billion. through manpower programs, child care cen the end of the tunnel, not just pay more Mr. MAYO. Well, they are paying, in a sense, ters, indeed to try to discourage breaking up money. That is why we are doing it this way. Senator Byrd, for programs that they wanted of homes. That has been one of the unfor Senator BYRD. I received a letter from the earlier before they could afford them. tunate attributes of the present program. Governor of California in which he said that Senator BYRD. They are paying out in in This will require additional money. The under the present welfare system, 8 percent terest charges, the wage earners are paying major burden of it, because of even greater of the population Of his state is on welfare, out in interest charges $20 billion, for wh ich stresses at the state and local levels, the and if the Finch proposal is enacted, 14 per he receives no precise program ot her t h an major burden must, if we are to do this, fall cent will be on welfare. Here again I find it the privilege of paying the interest on t he on the Federal Government. difficult to understand how we reverse the debt. Some way or other we have got to get As to whether we can afford it, I think the trend to the welfare state by so substantially our fiscal house in order and, in my judg answer is, yes. If in the process of our need increasing the welfare rolls. ment, it is not in order. to do something like the Family Assistance Now, let me a-sk you this: You have started program, our need to finance a huge water a new system which, I think, is a good one, pollution abatement program, to meet dozens where you list the total for the initiatives in SPEECH BY KENNETH N. DAVIS of other-- the upcoming budget-- Senator BYRD. That is not part of the wel Mr. MAYO. Yes. Mr. THURMOND. Mr. President, in a fare program. Senator BYRD (continuing). Of the 1971 speech delivered in New York on Thurs budget, the one we are working on now; and Mr. MAYO. No, no. day, June 18, 1970, Kenneth N. Davis, then you carry that forward to 1975, which is Assistant Secretary of Commerce for Senator BYRD. Let us stick to the welfare a four-year period. program. Mr. MAYo. Yes, sir. Domestic and International Business, Mr. MAYO. Let me finish my sentence, if I Senator BYRD. I think that is very helpful. stated that certain assistants to the may. In order to finance the great needs that Now, as I understand it, the initiatives, President of the United States are do are being pressed upon us at this time, we namely new programs, in the current budget, ing a "disservice" to the President in the have to reexamine our position and our rev the budget Congress is now working on, advice they are giving him in respect to enue structure. I think we have to face up fiscal1971, will total $3 billion. the Mills bill. In doing this, Mr. Davis to just that in order to impress upon every Mr. MAYO. That is correct. performeNew Hampshire made a ringing statement in favor of the Mills Bill, and this rock here in the United States, it would have Cambodia, and the Middle East have neces xneant another 400-500 thousand jobs for sarily had first priority on the President's ribbed New Englander quite obviously is not a part of any "Southern Strategy." He is the our economy. Fortunately, all that need be time schedule in recent months. But let me Republican leader on the Senate Commerce done is to moderate the growth rate-not tell you, the big issues do get through, and Committee and one of the wisest and most turn back to the protectionism that ruined when they do and are presented well, the experienced men in government, especially world trade in the 1930's. One point I want right decisions are made. I have been in a to underscore right here is this-every seri lot of decision meetings during my business in the fields of business and the economy. The Senator noted that the international o~ U.S. Government proposal including the career-meetings like the ones you men know business world of the 1970's is a very differ- · Mills Bill-has callehospitals around the would have objected strenuously to this unfortunate that they may have to return country are far worse. action as unjustified meddling in m y busi home empty-handed, but it would be far I am told we are approaching the point ness. more unfortunate for the United Stat es and Another group that has been very active the world as a whole if we did not move at which the dedicated physicians and has been the U.S.-Japan Trade Council. You firmly now to assure the continued st rength nw·ses who have been willing to forego may have read that last week Congressman of t he U.S. economy. the financial rewards of private practice Byrnes, the ranking Republican on the Ways can no longer be recruited. That is sim and Means Committee, labelled this organi ply because the intangible rewards of zation as a "front" for Japanese interests. practicing the best kind of medicine in They had appeared before his Committee MORE FUNDS NEEDED FOR PROVIDENCE VA HOSPITAL an environment in which money was not claiming to represent 800 companies, but a principal consideration will no longer failed to disclose that 98 % of the funds Mr. PELL. Mr. President, I am which they spent for publicity, promotion, exist. and lobbying in 1969 came from the Japanese alarmed by recent reports that the I think one further fact also should be government-a total of over $350,000 essen quality of patient care in our Nation's brought out. Starving the VA hospitals tially for propaganda to convince the Ameri Veterans' Administration hospitals is can only result in veterans and their can public that unlimited Japanese im deteriorating because of shortsighted families losing confidence in them. With ports should be permitted. Their so-called and misguided efforts at economy by the the advent of medicare and medicaid, member companies pay only nominal $10 or Nixon administration. these veterans now have other alterna $20 dues and do not participate in any way I, for one, join the Senator from Cali in running the Council. Here is some of their tives. They will seek treatment in pri literature---"How much would textile fornia (Mr. CRANSTON), chairman of the vate community hospitals at a cost of quotas cost the United States?", the "U.S. Subcommittee on Veterans, who recently $60 to $75 a day, exclusive of medica Japan Agricultural Newsletter" (showing an held extensive hearings, and Representa tions, special treatment, and physicians editorial opposing textile quotas in the first tive OLIN E. TEAGUE, chairman of the fees. For the same care, the cost at VA paragraph), and an American Retail Federa House Veterans Affairs Committee, who hospitals is less than $50 a day. tion folder favoring unlimited imports has stated his determination not "to sit The point is, the taxpayers pick up the which was given wide dissemin-ation by the idly by and allow shortsighted policies to U.S.-Japan Trade Council. Gentlemen, I bill in either case. So there is little econ don't know how much impact this organiza destroy a medical prog1·am that is omy in this economy move. tion has had on the American consumer and absolutely necessary to care for Ameri Mr. President, the evidence developed farm groups which now oppose the Mills Bill. ca's veterans," in support of their effort by Senator CRANSTON in 6 days of hear I do know that the American public does to provide quality medical care for our ings in January shows clearly that the not like to be deceived; and that this organi Nation's veterans. veterans hospitals need more money. zation has been f-ar less than open-and Chairman TEAGUE recently sent a Senator CRANSTON has asked the Senate above-board in its recent conduct. Appropriations Committee for increased Just one more comment on how this issue questionnaire to the director of each of has been presented to the President so far, the Nation's 166 VA hospitals. The report funds for the veterans hospitals, and I and then I will conclude my statement to he received from Dr. James A. Black, di support him in these moves. you. Unfortunately, the President's time is rector o: the Providence, R.I., VA hospi Our veterans hospitals face the same so limited that there has been only one op tal, is dismaying. problems as the rest of the Nation's portunity for industry representatives to Here I must express my own regard for health care delivery system. EveryWhere meet with him personally since he took office. Dr. Black and respect for the way he is we turn there are shortages of doctors, The textile people met with him two weeks nurses, medical equipment, physical ago and the shoe industry almost a year handling his job. I would add that I ago. He has, of course had reports from personally went through the hospital on facilities, and outpatient care. The situa the various agencies and from key White an unscheduled visit and talked to more tion in our veterans hospitals, however, House Staff people. But from what I have than half the patients there. They all is compounded by the needs of Vietnam seen of the material prepared for the Presi had high regard for the care they were veterans. dent and from what I have observed in the receiving. I can vouch, too, for the clean They are victims of what is probably actions and attitudes of many officials out liness of the rooms, wards, halls, and the Nation's most crippling war. It is side the Commerce Department, I do not be lieve that the fundamental economic issues kitchens. Nevertheless, there is a funding estimated that perhaps 10 percent of which are at &take have been adequately deficiency of more than $650,000 at this the men who survived serious wounds presented to the President yet. I am hopeful 364-bed hospital in Providence, which in Vietnam would have died in previous that hi~ review of what has gone on before is responsible for providing health serv wars. Their lives were saved, but they the Ways and Means Committee and also ices for 130,000 Rhode Island veterans. will need for years to come, the care and statements like Senator Cotton's -and my What is more, this workload is ex rehabilitation services of VA hospitals. own to you here today will help him weigh I do not believe that retw·ning vet these fundamental issues in reaching his pected to increase because many Viet final decision. nam veterans are expected to apply for erans, or veterans of previous wars, CONCLUSION benefits. should be volunteered for frontline duty And now I want to close with a personal Shockingly, Dr. Black reported he will in this administration's so-called war observation. Gentlemen, after 20 years of not 1ill certain presonnel vacancies--po against inflation. I believe one tour of experience in a major international company sitions he terms "absolutely essential to frontline duty is enough. and now with over a year to observe the prob the efficient operation of this hospital" lems of our great domestic industries, I have in an effort to save $161,000 to cover h ad a singular opportunity to judge the other expenses. Among these unfilled po THE SUEZ CANAL: A LESSON FOR merits of their respective arguments-pro THE PANAMA CANAL and con--on import restraints. I am con sitions are 10 nurses and 12 nursing as vinced now that the future econoinic sistants. Not infrequently one nurse and Mr. THURMOND. Mr. President, one strength of our great nation requires some one nurse's aide are expected to care for of the vital truths that I have learned form of limitation on the rate of growth of 43 to 45 acutely ill medical or surgical since undertaking this serious study of imports for a very few key domestic U.S. patients. This staff-to-patient ratio does interoceanic canal problems is the in industries. I am convinced that legislation not even meet the standards for a medi- teraction between the Suez and Panama 20612 CONGRESSIONAL RECORD-SENATE June 19, 1970 Canals. What occurred at one inevitably tions. The firing dies at dawn, and the Suez At 11 digging stations established at reg had its effect on the other. Canal is still again from one end to the ular intervals across the isthmus, 200 Euro The Suez Canal operated satisfactor other-the fretful, watchful silence of war. peans supervised up to 15,000 Egyptian fel ily in both peace and war from its form Less than three years ago, Suez was the laheen (peasants) conscripted by the Khe world's greatest maritime junction. A mag dive to work on the project. They laboriously al opening in 1869 until its first pro nificent achievement, one of the colossal filled baskets and toted them away on mules longed closure in 1956. The reason for works of man, it cut a broad blue sluice 100 or on their own backs. In this painfully lit this was that it was protected by British miles l'Ong across the barren yellow of the eral sense, the canal was Egypt's own crea military forces based in the Suez Canal desert isthmus separating the Mediterranean tion. The fellaheen swarmed across the desert Zone. from the Red Sea and Indian Ocean. Thus like ants, bearing it away grain by grain, in When British troops were withdrawn it provided the shortest navigable distance scenes of wasteful human effort reminiscent in the early 1950's as the result of Egyp between East and West, cutting the open of the construction of the Pyramids. tian demands, astute observers then sea journey around the tip of Africa by The actual engineering offered no great more than half. technical difficulties, except for sheer size. clearly foresaw and predicted that there If' ever the world could be said to have The course, folloWing the natural depression would be grave consequences involved. had a jugular vein, Suez was it, pumping between the two seas, ultimately connected Egypt nationalized the Suez Canal in immeasurable wealth across all seas, to all the three large dry lakes, Timsah and the July 1956 and later the same year fol shores. Open, the canal was the axis upon Bitter lakes. Next to building the harbor at lowing the Anglo-French-Israel attack, which revolved the stability of world trade. Port Said, the biggest job was the transport closed it and the canal remained closed Severed, it convulsed economies, threatened ing of food, water and equipment across the until April 1957. the fate of nations and the peace of the burning desert to the digging stations. Again, in the Arab-Israel war of 1967, world. In 1966, the canal's last full year of Then British agitation about the "forced it was closed a second time and yet re operation, 21,250 ships carrying 242 mimon labor" of the fellaheen brought an ultimatum tons of cargo-including 40 percent of Eu from the Turkish sultan. All work stopped. mains blocked, causing enormous losses rope's incoming oil-passed through Suez. But in arbitration proceedings de Lesseps not only to Egypt but also to world com Now it is as ruminatively empty as the was awarded a huge sum of money, which he merce that used the canal. This closure tombs of the Pharoahs at Giza. Only the used to recruit European workmen and to buy has encouraged the construction of su 14 ships (flying the flags of eight nations new machinery. Hundreds of dredgers and per vessels that can navigate around the and ironically spawning an air of inter steam-driven excavators were soon laying a Cape of Good Hope more economically national camaraderie) remain patiently at line of smoke across the isthmus-past the than by transiting the Suez Canal and anchor, their once smart paintwork rusty and mid-point station at Isma.Uia, and up from paying tolls. Thus the loss to the Suez faded, lingering ghosts of what used to be. the Red Sea exLt at Port Tewfik, adjoining the Every so often they get up steam to keep town of Suez. In all, 97 million cubic yards Canal of much of its former traffic seems the engines ticking over, raise anchor and of soil were removed, 19 m1llion by hand. permanent regardless of whether it is navigate as far as a few sl'Ow turns of the Finally, in August 1869, Red Sea waters were opened in the future. screw will take them. A forlorn, despairing ceremoniously loosed into the Bitter lakes, The great lesson to be derived from gesture, it is the only movement in Suez. to mingle With those of the Mediterranean. events at Suez is that vital interoceanic MAN OF PURPOSE HINGE OF THE HEMISPHERES water lines should be controlled by strong It was just 101 years ago, in 1869, that the Despite a slow start, the canal soon powers capable of defending them. As canal opened-and Ferdinand de Lesseps, flourished. A total of 486 ships used it the well as anything I know, the experience French diplomat and dreamer, was hailed, first year, but in five years traffic had quad of the Suez Canal has its lesson for the much as today's astronauts are hailed, for rupled. In 1875-only a few yeaTs after she Panama Canal; the United States must having changed the geography of the world, had spurned the venture--Great Britain never surrender its sovereign control over breached an impossible frontier. bought all of the bankrupt Khedive's shares, that key waterway and its protection Until then, passengers and mail had used thus becoming the majority stockholder in frame of the Canal Zone. This is ab an overland route between Alexandria and the company. the port of Suez to reach connecting steam Until now, shipowners had largely stayed solutely necessary not only for the de ers. East-West trade was doubling every dec in sail, because, on the long route around the fense of the Western Hemisphere, but ade. But the idea of moving sea traffic across Cape, the wind was free and coal wasn't. also for the benefit of world shipping. the isthmus (some geologists believe that But, with fuel costs cut by the canal, profit A recent summary of Suez Canal his it was once a strait that slowly silted up) came to lie in steamers. Shipyards hummed, tory by Noel Mostert should be of inter remained dim and discounted-until de Les technology advanced, production rose. And, est to all Members of Congress and others seps, a man of astonishing resource, tenacity as ship decks Widened and draught increased, who are concerned with Panama Canal and charm, took on the Suez project in 1849, the canal itself grew: it is now over three at the age of 44. times as wide and twice as deep as de Lesseps' problems. When Mohammed Said, an old friend of Mr. President, I ask unanimous con original waterway. de Lesseps from the latter's days in the dip The canal soon acquired a romantic aura sent that Mr. Mostert's article be printed lomatic service, became Khedive of Egypt that lingers to this day. For every traveler in the RECORD. in 1854, he granted the Frenchman a con the Suez passage was the most emotional and There being no objection, the article cession to build the canal. In de Lesseps' anticipated part of his voyage. When the was ordered to be printed in the RECORD, concept, the canal was to be a neutral water Eastbound ship nosed into the Red Sea, the as follows: way, open to all, and administered by the strange cultures, exotic landfalls and pungent world's first truly international enterprise [From Reader's Digest, May 1970] smells of Asia lay ahead. Conversely, when named La Compagnie Universelle du Canal the Westbound vessel slipped past the Port SUEZ CANAL-THE BROKEN LINK Maritime de Suez. Capital would be raised Said breakwater, the European was home. (By Noel Mostert) by selling 400,000 shares, with blo<;:ks re There was something uncanny about the Three years ago, it was thronged with served !or the principal powers who used canal's strange disoriented beauty, a sus ships in transit-the jugular vein of world the canal. The concession would last 99 years tained weirdness about moving through the commerce. Today it is a mere trench of war. from the date the canal opened, after which desert aboard ship: a feeling that the blue Nightfall on the Suez Canal. At Great the waterway would revert to Egypt. sea had suddenly turned to sun-sizzled sand Bitter La.ke, 14 ships lie under the desert Far from pleasing the world, the proposed even as one continued to glide across it. stars, their congregated lights a cheerful canal provoked suspicion and hostility. Brit The array of shipping at either end of the exclamatilon in the hostile dark. These, with ain, in particular, saw it as an open door to canal waiting to enter was like no other; a an abandoned freighter on Lake Timsah, unfriendly navies challenging her supremacy dense composition of masts, funnels, flutter ten miles farther north are the only vessels in the East, refused to buy shares, and put ing ensigns; empty tankers as well as stylish afloat in Suez, an unhappy distinction they pressure on the Turkish sultan (Egypt was liners; a confluence of commerce and craft have held since June 6, 1967, when the still part of the Ottoman Empire) to quash and continents. All the proliferating imperial the project. France refused official support, Arab-Israeli Six Day War trapped them. trade routes met in the canal: P & 0 liners, On the 10,000-ton British liner Port In though more than half the shares were taken with their rich smell of curry, bearing the vercargill, the maintenance crew of 11 men up by individual Frenchmen out to twist mails from India; white Bri:tish troopships, is assembling for a film show. As the credits the British lion's tail. all bunting and brass, bound for Hong Kong; start to roll, so <- )es a more ominous rum DIGGING THE BIG DITCH cruisers, destroyers and gunboats watchfully ble. Heads turn. "BUrney, they're at it again!" Undaunted, de Lesseps set about pushing on guard. When they passed lean, gray and says a young steward. the whole project himself: surveying the purposeful, passengers of the liners rose from The roaring increases. Flares soar and isthmus, assessing the complicated assem their teacups to stand respectfully and cheer light the sky. As the Egyptian and Israeli bly of geological and engineering facts, them on. artillery hammer away at each other from planning the harbors and installations, con The transit of every ship-whether an their respective sides of the lake, the ships ducting a diplomatic and publicity cam aging Greek tramp or a cruise liner-was one shudder from the impact of the reverbera- paign, and managing the venture's finances. of the most brilliantly coordinated of all June 19, 1970 CONGRESSIONAL RECORD- SENATE 20613 maritime operations. To anyone sipping an Preliminary discussions have been held with estimate figure much higher than the iced drink on the observation deck of a a. Dutch salvage firm, which proposes to raise budget estimate figure considered by the liner, the long blue ribbon of water reaching the wrecked ships by pumping them full of House. This is due to the fact that the ahead, so comfortably wide, would seem to billions of tiny polystyrene balls whose buoy administration submits supplemental require nothing more than the simple cau ant pressure will lift them from the bottom. Still, the question of whether the waterway budget estimates to the Senate after the tion of slow speed. Actually, navigating in a bill has passed the House of Representa canal presents special complications. The has a. commercial future is in doubt. The trained pilot who took over from the ship's West's life-and-death reliance on the canal tives. In this instance, the Senate com master knew that a brief misjudgment, or has finally been thrown off. Supertankers now mittee considered in excess of $662 mil couple of seconds' hesitation, could veer a bring oil around the Cape for less than the lion in budget estimates which were not ship toward the bank and block the isth cost of a. trip through Suez, with its tolls. considered by the House of Representa mus-with worldwide repercussions in losses But by 1972 about a third of the world's tives. to shippers and commodity markets. Visi tankers, representing two thirds of the world's total tonnage, will be too large to I will highlight the important changes bility might be reduced to a quarter of a which have been made in the bill by the mile or less by khamsin winds blowing up use the Suez at its present size. Egypt had sandstorms. (The canal provides mooring under way a. giant expansion program, the Senate Committee on Appropriations, positions along its entire length for vessels "Nasser Plan," to double the canal's width and I will be glad to try to answer any to use in such emergencies.) and depth. This would be one of the biggest questions which Members may have with Ships passed through in convoys-after and most expensive engineering jobs in the respect to any of the items in the bill. assembly at either end of the canal for world, and work had begun on it. But the The Senate committee increased the assessment of "transit dues." The canal gave long closure of the canal has meant loss of Federal payment to the District of Co no credit: it was cash on the barrelhe·ad, and the two essentials; time and cash. As the world for the first time actually lumbia by $4,042,000 and has allowed the in hard currency at that. Three convoys de 475 police positions requested to bring the parted daily, two southbound one north. The contemplates living entirely wit hout· the last, most important because it was composed canal, most Suez signal stations have been force to a total of 5,100 men by the end mostly of loaded tankers, sailed from Suez reduced to rubble by artillery fire; revet of June. The committee has also in at 5 a.m. and proceeded directly to Port Said ments are torn by shells. The men of the creased the sum for capital outlay by $7,- without stopping. The southbound convoys U.N. Observer Corps-assigned to police 110,000, including $4.5 million for Federal halted at fixed points to allow the north the Arab-Israeli "cease-fire'"-huddle for City College and $1,890,000 for the Wash bound express to pass. Speed was rigorously shelter in dugouts as the apparently irrecon cilable foes wage their artillery duels. "Not ington Technical Institute. controlled at seven or eight miles an hour Pending in the Senate is H.R. 15628, by observers at 11 signal stations and, in the so long ago, busloads of visitors used to come gleaming white Pilotage Building at Ismailia, down to the canal," one observer told me. the Foreign Military Credit Sales Act. the time and passing of each ship were noted "Soldiers moved around in full sight of one It would authorize an appropriation of on huge gold and green charts. another. Now there's a sniper behind every $250 million. At the request of the Presi rock, and nobody raises his head. There's dent, we have included $250 million in DIM, DISPUTED FUTURE water in Suez, but that's all that's left." this bill, and the sum will be available According to the terms of de Lesseps' con In Port Said and Suez, the bazaars and cession, Egypt would have taken over the cafes that used to be crammed with tourists only upon enactmnet into law of the au canal in 1968. But, as a British protectorate from passing liners lie gutted and blasted thorizing legislation. since World War I, Egypt feared that the from Israeli shellfire. The hordes of mer A supplemental request of $157,816,600 canal had become a guarantee against its chants, postcard vendors, guides and con for payment to the civil service retire own independence-because the West felt jurers who lived off the ships are there no ment and disability fund was considered that the Egyptians were not strong enough more. Ismailia, prettiest of the three canal favorably by the committee. These are to run this installation upon which so Inany towns, is the saddest. The sun blazes upon mandatory payments cover the addi nations were economically dependent. In the empty streets; the wind ri:ffles through gar to 1950s, Egypt's demand that Britain withdraw dens long gone to seed. The magnificent, 13- tional unfunded liability created by the its troops provoked an international crisis. story Pilotage Building is shell-pocked. In recent pay increase enactments and cer President Nasser nationalized the canal in the big operations room on the top floor, tain retirement credit amendments. July 1956. French and British forces launched from where the convoys were controlled, the The committee is recommending an a military assault, but merely succeeded in desert breeze blows through a shattered win appropriation of $50 million for summer closing down the waterway, which was what dow and gently lifts the corners of those youth programs, to remain available un their exercise had been designed to prevent. green and gold charts, which lie where they til September 30, 1970. This will provide When Egypt reopened Suez in April 1957, were left, marked with the positions of the the West predicted chaos-after all, the ma last day's traffic. $35 million for about 80,000 additional jority of skilled canal pilots and technicians job opportunities for disadvantaged had walked out, on orders of the Suez Canal youths and $15 million for a Neighbor Co. But, with a nucleus of Egyptian pilots, OPENING STATEMENT ON THE SEC hood Youth Corps support program, to and others recruited from the Egyptian navy OND SUPPLEMENTAL APPROPRIA be administered by the Department of and abroad, a brilliant young engineer, TION BILL, FISCAL YEAR 1970 Labor in cooperation with the Bureau Mahmoud Younes, kept ships moving. New of Outdoor Recreation of the Depart pilots were trained in night and day sessions; Mr. BYRD of West Virginia. Mr. Pres ment of the Interior. the experienced worked double shifts. Ships ident, on Monday evening next, the Sen trickled back reluctantly and doubtfully, to ate will consider the second supplemental The bill includes $8,703,078 to provide find the canal working as smoothly as ever. appropriation bill, for fiscal year 1970. I funds for some 35 selected hospital con Today, close to three years after the 1967 shall make my opening statement now, as struction projects, which are listed on shutdown, ten wrecks and block ships ob chairman of the subcommittee having page 21 of the committee's report. There struct the silent, useless waterway. Can no immediate jurisdiction over the bill. was no budget estimate for this item. compromise be reached to restore this vital However, several Senators brought to passage? "Let the Israelis pull back and we'll The first supplemental appropriation bill for fiscal year 1970 passed the Senate the attention of the committee the im restore it fast enough," says an Egyptian portance of making this appropriation at spokesman. As if in rebuttal, one Israeli last December and was signed by the commander has said, "It's the finest anti President on December 26, 1969. The bill this time. These 35 hospitals had based tank ditch in the world." which the Senate will consider next week their funding requirements on the as But couldn't the United Nations take over passed the House of Representatives on sumption that the Hill-Burton hospital the canal, arranging a suitably wide strip May 7 and was received and referred in grant program would be continued at the on each bank to guarantee safe navigation? 1969 level of $254 million. The 1970 ap "Having lost so much of our territory, you the Senate on May 11, 1970. The bill was reported to the Senate on propriation of $172 million for hospital want us to give up still more?" asks the Cairo construction grants has resulted in a spokesman impatiently. In Israel his opposite Monday, June 8, and recommends ap number says, "Our position is what it has propriations in the amount of $6,453,764,- lower level of funding available to these always been. We want to use the canal like 083. As the bill passed the House of Rep hospitals than they had anticipated. The everyone else. After the 1956 Suez crisis, we resentatives in May, appropriations in amount included in the bill is designed got that guarantee, we thought; but later, the amount of $5,764,115,791 were recom to provide for those hospitals that are when we sent a ship through, the Egyptians already under contract for construction arrested Lt. This time we're going to be mended. The increase by the Senate com mittee over the House bill is $689,648,292. and that we are faced with funding sure we get our rights." deficits unless relief is provided. London shipping experts estimate that it As is the case in connection with all ap would take from six months to a year to propriation bills, since they originate in In a supplemental budget estimate to restore Suez. Not so, declare the Egyptians: the House of Representatives the Senate the Senate-Senate Document 91-83- it should take no more than four months. committee invariably considers a budget the President requested $150 million for 20614 CONGRESSIONAL RECORD-SENATE June 19, 1970 emergency school assistance to meet the half of 1 percent, which amounts to ap The PRESIDING OFFICER. The clerk additional costs which will be encoun proximately $1 billion, along with an will call the roll. tered by approximately 1,000 school dis other $1 billion cushion for any further The bill clerk proceeded to call the tricts which are expected to desegregate increases in uncontrollables--for a total roll. by September 1970. The request for these of approximately $199.9 billion, exclud Mr. BYRD of West Virginia. Mr. Pres funds was transmitted to the Senate on ing the e:ffect of congressional changes. ident, I ask unanimous consent that the May 25, 1970, and obviously was not re It appeared to the committee that the order for the quorum call be rescinded. ceived in time for consideration by the House bill was reasonable and the com The PRESIDING OFFICER. Without House. The supplemental request is the mittee concurs in title IV of the bill. · objection, it is so ordered. first part of the President's announced With respect to title V of the bill, which plan to ask for a total of $1.5 billion for is a limitation on fiscal year 1971 budget this purpose over the next 2 years. Sena outlays, the committee believes the House tors will find on pages 22-23 of the com provision to be too restrictive. The House LEGISLATIVE PROGRAM mittee report a rather complete explana provision placed a ceiling on expendi Mr. BYRD of West Virginia. Mr. Pres tion of this item. The committee recom tures in fiscal year 1971 of $200.771 bil ident, I am authorized by the majority mends the full amount of the budget lion. In addition, the House provided a leader to make the following statement estimate. $3 billion cushion for increases in un with respect to the program for next By custom, the House does not con controllables. The ceiling placed in the week. sider requests for the Senate. The com bill by the House is the precise amount On Monday next, we will vote on the mittee has included in the bill $4,645,574 of the President's budget submitted on Byrd-Griffin amendment, No. 708, at 2 for increased pay costs for Senate items February 2, 1970. The committee has p.m. Time on the amendment will be under the "Senate" and "Architect of the been advised that as of May 19 the un controlled, beginning at 1 p.m. Capitol" heads. The committee has also controllables had increased by $1.8 bil Anent the evening meetings which increased the amount in the bill for lion. Consequently, almost two-thirds of have already been discussed by the ma claims and judgments submitted to the the cushion has evaporated prior to the jority leader, it is the plan of the joint Senate after passage of the bill in the beginning of the fiscal year. For these leadership to consider, on Monday eve House in the amount of $16,887,055. reasons, the·committee has increased the ning next, Calendar No. 918 (H.R. 17399), The items I have mentioned total ap amount of cushion for uncontrollables an act making supplemental appropria proximately $642 million of the overall from $3 billion to a more realistic figure tions for the fiscal year ending June 30, increase by the committee of $689 mil of $6 billion. 1970. lion. As has been the custom for several On Tuesday evening, and possibly on Under the Department of Defense, the years, a validating clause has been in Wednesday evening, in the event action House made a reduction of $102 million cluded in the bill which will authorize the is not completed on Tuesday evening, for increased pay costs. The committee obligation of funds until July 1, 1970 or the Senate will consider Calendar No. considered the fact that the Department for 5 days following the date of ap 875 the Senate lion. In addition, the House has included Mr. GRIFFIN. Mr. President, I sug adjourned until Monday, ·June 22, 1970, a prudent management cushion of one- gest the absence of a quorum. at 10 a.m.