24466 EXTENSIONS OF REMARKS July 21, 1977 wage and price fluctuation on old-age, sur­ H.R. 8480. A bill for the relief of Pranas if such individual reigstered to vote before vivors, and disability insurance benefits, Brazinska.ses; to the Committee on the the date of the election involved. with such benefits being computed on the Judiciary. Add at the end thereof the following new basis of the worker's 10 or less years of By Mr. GIBBONS: sentence: highest earnings; to the Committee on Ways H.R. 8481. A bill for the relief of M. Sgt. Any unit of general local government and Means. George C. Lee, U.S. Air Force; to the Com­ which establishes any polling place under By Mr. YOUNG of Alaska: mittee on the Judiciary. this subparagraph may require, in its discre­ H.R. 8478. A bill to amend title 18, United By Mr. JONES of Oklahoma: tion, that any individual who registers to States Code, to make a crime the willful H.R. 8482. A bill for the relief of Magdalen vote under this subsection shall- destruction of any interstate pipeline· sys­ F. Martin of Broken Arrow, Okla.; to the (1) register to vote at the registration place tem; to the Committee on the Judiciary. Committee on Veterans' Affairs. at which such individual would have been By Mr. GAYDOS: required to register if such individual desired H.J. Res. 552. Joint resolution relating to to register to vote before the d·ate of the elec­ the publication of economic and social statis­ tion involved; and tics for Americans of Balta-Slavic origin or AMENDMENTS (ii) vote at a polling place established by such unit of general local government under descent; jointly, to the Committees on Under clause 6 of rule XXIII, proposed Education and Labor, and Post Office and this subparagraph. Civil Service. amendments were submitted as follows: H.R. 7171 H.R. 5400 By Mr. BUCHANAN (for himself and By Mr. BROWN of California: Mr. DODD): By Mr. FRENZEL: Page 142, line 2, after the world "radiation" H. Con. Res. 303. Concurrent resolution ex­ Page 30, after line 17, insert the following insert the following: ", including but not pressing the sense of Congress that the Soviet new paragraph: limited to, energy from wind, water, anaero­ Union should comply with the Helsinki Final (8) (A) Each State which desires to receive bic digesters, biomass, and combustible solid Act, the International Covenant on Civil financial assistance under section 7 shall wastes". and Political Rights, and the Soviet Consti­ establish a procedure under which challenges Page 142, line 22, after the word "radiation" tution, with respect to all its citizens, and may be made against the qualifications of insert the following: ", including but not on that basis should allow Anatoly Shchran­ any individual who desires to register to limited to, energy from wind, water, anaero­ sky to emigrate from the Soviet Union; to vote and vote under subsection (a) (1). Any bic digesters, biomass, and combustible solid the Committee on International Relations. such procedure shall- wastes". By Mr. WYDLER: (i) specify who 1s eligible to make any Page 144, line 18, after the word "radiation" H. Con. Res. 304. Concurrent resolution ex­ such challenge; insert the following: ", including but not pressing the sense of Congress with re­ (11) indicate the grounds upon which such limited to, energy from wind, water, anaero­ spect to the Baltic States; to the Committee challenge shall be based; bic digesters, biomass, and combustible solid on International Relations. (111) establish methods and procedures wastes". By Mr. BENNETT: through which such challenge may be made; Page 156, line 18, after the word "radiation" H. Res. 704. Resolution expressing the (iv) provide for the separate counting of sense of the House of Representatives with insert the following: ", including but not any ballot which is subject to such chal­ limited to, energy from wind, water, anaero­ respect to the establishment of a national lenge; and telecommunications policy; to the Commit­ bic digesters, biomass, and combustible solid (v) ensure that such challenge 1s resolved wastes". tee on Interstate and Foreign Commerce. within a reasonable time after the election By Mr. LEACH (for himself and Mr. involved. By Mr. DERRICK: WALKER): Page 52, immediately after line 4, insert the (B) Each State which proposes to estab­ following: H. Res. 705. Resolution expressing the lish a procedure under subparagraph (A) sense of the House of Representatives that SEc. 910. Effective for the 1978 through 1981 shall submit such procedure to the Commis­ crops section 301 of the Agricultural Act of a special council be appointed and given a sion for review and approval for such pro­ 1949, as amended, is amended by adding the charter of independence to conduct an in­ cedure takes effect. The Commission shall following at the end t~reof: "The Secretary quiry into efforts by foreign governments to approve any such procedure which meets the influence Members of Congress; to the Com­ requirements of subparagraph (A). is authorized to make price supports available mittee on Rules. under this title for the 1978 through 1981 Add at the end thereof the following new crops of soybeans, flaxseed, dry edible beans, sentences: sugar, and gum naval stores, for any other In any case in which a unit of general non-basic commodity not designated in title MEMORIALS local government establishes more than one II, except that such authority shall terminate polling place under this subparagraph, such with respect to any commodity, other than Under clause 4 of rule XXII, unit of general local government shall ensure those listed in this provision, at the end of 234. The SPEAKER presented a memorial that- any crop year in which the net outlays ex­ of the Legislature of the State of Arkansas, (i) the boundaries of each such polling ceed $50 million." relative to the U.S. jurisdiction of the place are established to coincide with the By Mr. JONES of Tennessee: Panama Canal; to the Committee on Inter­ boundaries of voting districts or other voting Page 64, immediately after line 16, insert national Relations. jurisdictions in the jurisdiction of such unit the following: of general local government; and "AUTHORITY TO MAKE DEFERRED LOAN PAY­ (ii) each such polling place serves the MENTS same number, or approximately the same PRIVATE BILLS AND RESOLUTIONS "SEc. 1013. The Consolidated Farm and Ru­ number, of such voting districts or other Under clause 1 of rule XXII, private voting jurisdictions. ral Development Act, as amended, is amend­ bills and resolutions were introduced and ed as follows: Any individual who desires to vote under " (a) Section 309 is amended by adding in severally referred as follows: this subsection shall vote at the polling By Mr. DORNAN: subsection (f) (3) between the words 'any' place established under this subparagraph and 'defaulted' the words 'deferred or'. H.R. 8479. A blll for the relief of Alglrdas which serves the jurisdiction in which is lo­ " (b) Section 309 A is amended by adding Brazinska.ses; to the Committee on the cated the polling place at which such indi­ Judiciary. in subsection (g) (3) between the words 'any' vidual would have been permitted to vote and 'defaulted' the words 'deferred or'."

EXTENSIONS OF REMARKS

CAPTIVE NATIONS WEEK 1977 Conference over compliance with the chairman of the National Captive Na­ Helsinki accord. Renewed interest and tions Committee wrote Members of Con­ HON. RONALD A. SARASIN concern over the fate of captive peoples gress about this important issue. In his should be trumpeted to free nations all letter he stated: OF CONNECTICUT over the world, and hopefully, the 35 IN THE HOUSE OF REPRESENTATIVES ... the captive nations issue has always participatory nations at Belgrade will been prominently and inextricably inter­ Thursday, July 21, 1977 take heed. twined with that of human rights. Indeed, in Mr. SARASIN. Mr. Speaker, this week President Carter has made concern the agrreeate, no part of the world represents from July 17 to July 23 marks the 19th over human rights the hallmark of his a graver denial of human rights, including commemoration of Captive Nations foreign policy. In no case is human rights the right to national independence, than the Week. It is quite appropriate that this more applicable than it is to the plight totalitarian world imprisoning the captive observance should coincide with the con­ of the captive nations. Dr. Lev E. Do­ nations. tinued deliberations at the Belgrade briansky of Georgetown University and In this regard, Dr. Dobriansky identi- July 21, 1977 EXTENSIONS OF REMARKS 24467 ties basket I provisions of the Helsinki particularly desirable because hospitll care be given the most expeditious consideration accord as more important and funda­ is the most expensive form of care; hence by the Department of HEW. HEW should ex­ policies which encourage economizing on ercise a monitoring function to ensure that mental than basket III provisions for the hospital services and substitution of otr.er the state commissions are performing satis­ principle of national self-determination forms of care w111 almost certainly reduce factorily. A national policy review board is what human rights are all about. Ac­ costs of treatment. should be created to establish guidelines by cordingly, I would like to mention that The clear strategy of the Administration which the performance of the state systems on March 24, 1977, I introduced House by the introduction of the Hospit::tl Cost Con­ will be measured. Concurrent Resolution 177, a resolution tainment Act is to provide something of a The case for state participation in hospital calling for the freedom of the Baltic Na­ "dull meat ax" approach to containing hos­ cost containment rests not only on the argu­ tions. The resolution calls upon the pital eosts until a more sophisticated cost ment that states are govd experimental "test­ control system can be put in place. There is ing grounds"; many other arguments are President to take all necessary steps to no dispute that a sensible cost control strat­ equally compelling: bring the Baltic States question before egy or system must precede the implement:l­ The prO'tection of the citizenry's health has the United Nations and to urge that the tion of a national health insurance program. traditionally been within the recognized United Nations request the Soviet Union Substantial disagreement is likely to occur, police powers of the state; to withdraw all Russian troops from the however, over what kind of cost control sys­ States shall continue to make large con­ Baltic Nations and to return all Baltic tem wlll prove effective and what level cf tributions to the health care system through exiles from Siberia and from prisons and government should be responsible for ad­ medicaid and as purchasers of health care for labor camps in the Soviet Union. More­ ministering and operating the system. state employees; therefore, they have a finan­ Given the fact that cost containment is cial stake in the success of the program. over, the resolution states that the still largely an art, not a science, flexibility States are in the best position to view United States should not agree to the and experimentation should be key to the individual hospitals' needs, priorities, budg­ recognition, by any international confer­ eventual discovery of a system or systems ets, and operations in the context of state­ ence, of the Soviet Union's unlawful an­ that wlll function properly. The assumption wide needs, priortties and resources for health nexation of Lithuania, Latvia, and that the solution to cost inflation in the care. Estonia, and it should remain the policy hospital sector lies in a single approach is a States can most easily assure the coor­ of the United States not to recognize in faulty one and, if allowed to guide our policy, dination of rate review and other forms of any way the annexation of the Baltic is likely to lead us into a system of extreme regulation, such as, certificate-of-need review. rigidity and inequity. The NCSL is therefore States by the Soviet Union. I welcome my concerned that the present bill fails to pro­ colleagues to join me in support of this vide real incentives for states to develop al­ resolution. ternative hospital cost control programs THE 19TH ANNUAL OBSERVANCE OF As free Americans, the plight of the within the parameters of reasonable revenue CAPTIVE NATIONS WEEK captive nations continues to concern us restraints. Recognizing that the development all deeply. This year, with the Soviet of sound regulatory controls on hospital costs is st111 in its infancy, states should be HON. LOUIS FREY, JR. Union quite chagrined over our insist­ OF FLORIDA ence on human rights, and with the up­ encouraged to experiment with several ap­ proaches or combinations of approaches to IN THE HOUSE OF REPRESENTATIVES coming fall conference on the Helsinki hospital cost control within the context of accord, we have invaluable opportunities minimum federal criteria. NCSL is worried Thursday, July 21, 1977 to press our concerns for the plight of that the Administration's b111 as presently Mr. FREY. Mr. Speaker, this Saturday the captive nations. Let us not allow 1977 drafted would set a precedent for precluding I will address a rally in Miami, Fla., to pass without our having sustained the states from meaningful participation in hos­ commemorating Captive Nations Week. hopes for freedom of the peoples of the pital reimbursement policy under a national I would like to insert my remarks in captive nations with tangible progress. health insurance program. It is essential, therefore, that the b111 be amended to allow the RECORD: interested states some opportunity to develop REMARKS BY CoNGRESSMAN Lours FREY, JR. alternative statewide hospital cost contain­ It is indeed a pleasure to be among you CONTAINING HOSPITAL COSTS ment programs. today and I thank you for inviting me to AN ALTERNATIVE PROPOSAL share in your activities during the 19th We feel that the encouragement of state annual observance of Captive Nations week. rate-setting programs, is highly preferable Coming as it does at the tw1light of our HON. TIM LEE CARTER to the complicated and inflexible regulatory bicentennial celebration this year's demon­ OF KENTUCKY system that would likely evolve at the federal stration is especially emotional. As we meet IN THE HOUSE OF REPRESENTATIVES level under the administration's program. today, a year later, in the shadow of the The National Conference of State Legis­ "freedom game," let us consider for a Thursday, July 21, 1977 latures endorses a federal initiative of in­ moment the meaning and promise of the Mr. CARTER. Mr. Speaker, I recently terim restraints on increases in hospitals' Declaration of Independence, which decreed revenue, applicable to each state until that not just Americans-but all men-as free. announced my intention to introduce Most of you know first hand the blessings legislation on hospital cost containment state enacts and implements an effective hospital cost containment program. Once the this new land has extended to the millions in the near future. In developing this leg­ state program becomes operative, the De­ who have come here in search of a new life, islation, I have found an excellent report partment of HEW should monitor the state and new opportunities to be enjoyed in prepared by the Government Research system and be prepared to assume the func­ freedom-the freedom to build lives in Corporation to be most helpful. The re­ tions if it is clear the state is not perform­ accordance with ab1lities, the freedom to port, entitled "A Proposal for State Rate­ ing effectively. work in dignity, to seek justice, to form Setting: Long Range Controls on Institu­ We would suggest that an effective state fam111es and build communities, and to wor­ tional Health Services," was brought to hospital cost containment system should ship in accordance with the dictates of have the following characteristics: individual consciences. my attention by the National Conference Budget and rate review and approval But this country represents far more than of State Legislatures, which has subse­ should be mandatory for all institutional the sum total of the blessings you and I quently prepared a statement on there­ health care providers and shall apply to the have been privileged to enjoy and we owe a port. The conference's statement is sup­ rates charged to all payors; loyalty and a duty to that larger meaning portive of the general approach of the The budget and rate review authority of America. legislation I plan to introduce, and I am should be either an independent commis­ For America represents something far therefore including the statement in the sion or an agency located within an appro­ more imp·ortant and fundamental than a priate department of the state; particular economic order or system of gov­ RECORD in the interests of broadening the The commission or agency should be orga­ ernment. The Declaration of Independence discussion on this important issue: nizationally related to other state agencies changed the course of history not because it STATEMENT OF THE NATIONAL CONFERENCE OF in such a way as to fac111tate coordination was a political manifesto, but because it ST.~TE LEGISLATURES of the various types of health care regu­ proclaimed certain moral principles of uni­ The National Conference of State Legisla­ lation. versal importance. tures commends the Administration's will­ Aside from enacting an interim program This great document affirmed that man is ingness and initiative to enact an interim of restraints on increases in hospital revenues endowed not by government, not by a writ­ program for restraining the unacceptable which would be waived for states operating ten Constitution, but by his Creator with growth in hospital costs. Since hospital costs effective cost containment programs, Con­ certain inalienable rights that no majority are the most rapidly rising component of gress should be willing to provide financial however large, and no government however health care costs and since they account for assistance to states for the initial start-up strong, has the moral authority to diminish 45 percent of personal health expenditures, costs of the hospital commissions. Consid­ or destroy. cost containment in the hospital sector de­ eration of state requests for medicare and It was this ringing affirmation of the pri­ serves a high priority. Such an emphasis is medicaid participation in the systems should macy and dignity of the individual that was 24468 EXTENSIONS OF REMARKS July 21, 1977 our revolutionary message to the world two resume diplomatic relations and trade rela­ He certainly must know that our "hu­ hundred and one years ago. It was this tions, what do we gain? Nothing. man rights" initiatives are largely declaration of fundamental human rights If Castro is successful, what does he gain? pointed at our friends with nary a peep that sent sparks fiying eastward across the Everything. He has a market for sugar and Atlantic to ignite the fires of Uberty through­ citrus, at a great cost, I might add, to the at the enslaved people under Communist out the old world. economy of our state. He can export his domination. He had to know that our Over the next one hundred and fifty years, agricultural products and receive in return disarmament experts have sold us out at it was this revolutionary message, and the technology-machinery and computers to SALT and look the other way as the So­ American example, that sustained scores of help him move his country into modernity. viet Union forges ahead of us in the arms millions in their struggles to emancipate He has an opportunity to make Havana the race in both Republican and Democratic themselves from age-old tyrannies. And for tourist capital it once was. He will gain administrations, I hasten to add. a long while, it seemed that we had let loose American dollars with which to deal with a tidal wave of freedom that would ulti­ other free nations. He will have a powerful Did it escape his attention that our mately liberate the world. new ally. He will be more secure at home and administration cozies up to those Chinese But today we know that Uberty is in re­ therefore more apt to export his brand of Communists who have murdered more treat around the globe. trouble. than 15 million of their own country­ America's revolutionary message is being And the Cuban people ... what will they men while kicking the Free Chinese in challenged by a new and dynamic totalitarian gain? Nothing. They will remain enslaved. the shins? Or that we seem bent on de­ force that is pledged to stamp out every ves­ A man who is a patriot of the world, stroying the only solvent, friendly, re­ tige of individual freedom, and to destroy Alexandr Solzhenitsyn, warns us that we are sponsible governments in Africa, Rho­ every humane and civ1lizing value !or which locked in a mortal struggle between good and we stand. evil, and that in such a struggle there can desia, and South Africa, while encourag­ As I mentioned earlier, our meeting today be no compromise. ing the Marxist dictatorships there? is especially emotional. Two events since our And an American President, speaking more In light of this record of perfidy, ap­ bicentennial celebration have heightened and than a. hundred years ago, noted that no peasement and disaster, why would Gen­ sharpened the focus of today's march. · nation can survive half slave and half free. eral Singlaub or any honest, patriotic First, the election of a President committed Today, with the global family a reality, can decent American like the general, think to the cause of human rights; and second, the world survive half slave and half free? that the leftists in the State Department the favorable overtures that same President I submit that it cannot. That the people has made toward the nation most of you still of Cuba, as well as the people of Europe and would allow the U.S. Army to stand in call "home". Africa and Asia deserve only the most in­ the way of Communist North Korea's The President has made it absolutely clear tense support we can give them. That sup· "liberation" of South Korea? that he intends to make significant gains in port must be unyielding, uncompromising, Poor man, he was only telling the truth the area of human rights. His main target and consistent in every way. We must not and putting his country's interests first. has been enslaved Eastern Europeans behind pick and choose among these nations whose His only failure was in embarrassing the the Iron Curtain. The cost has been high, citizens' human rights we will go to bat for. sellout artists who are endangering our and may go higher, yet he moves on. He Let us resolve to remain true, to keep this moves toward Europe and Africa however, torch of freedom burning with brillance that country's future. and not toward the Caribbean. will penetrate every barrier, and sustain the With his left hand he has encouraged re­ courage and the hope of men and women sumption of trade and diplomatic relations everywhere who, like our forebears, are NINETEENTH OBSERVANCE OF with Cuba. He has asked the State Depart­ "yearning to breathe free." CAPTIVE NATIONS WEEK ment to conduct exchanges of "middle level" personnel with Cuba under neutral nation auspices. For the first time since I have been POOR GENERAL SINGLAUB HON. CLEMENT J. ZABLOCKI in Congress, Americans are free-perhaps OF WISCONSIN encouraged-to travel to Castro's Cuba. IN THE HOUSE OF REPRESENTATIVES Why? Did the President misread the pres­ HON. JOHN M. ASHBROOK Thursday, July 21, 1977 ence of 10,000 Cuban troops in Angola? Does OF OHIO the President think those troops journeyed IN THE HOUSE OF REPRESENTATIVES Mr. ZABLOCKI. Mr. Speaker, I am to Africa on a. one-time mission? Does the pleased to join my colleagues in the 19th President believe Cuba has something the Thursday, July 21, 1977 United States needs ... sugar or citrus, observance of Capitive Nations Week. maybe? Does the President believe Americans Mr. ASHBROOK. Mr. Speaker, a lot of Since my basic position on this issue is want to visit Havana? tears have been shed over Gen. John K. well known and has been expressed on Does the President not realize that with Singlaub. General Singlaub was sum­ many similar occasions in the past, I will 20,000 political prisoners in jail, Cuba, on a marily withdrawn from his command in not take up the time of the House to re­ prisoner-per-thousand basis, is one of the Korea by his Commander in Chief and peat it at this time. I would, however, like world's leading police states? that architect of appeasement masque­ to make several brief observations which I don't know. I can't answer those ques­ tions. But I can tell you what I do and do rading as our Defense Secretary, Harold I believe are relevant to the current de­ not believe. I don't believe we can condone­ Brown. General Singlaub should have liberations of this body in the human either diplomatically, economically or mor­ known better than to suggest the sheer rights field : ally-Castro's Cuba. I don't think we can logic that withdrawal of American First of all, I think it is important to afford it, but by the same token, I don't troops in Korea would lead to a takeover recognize that a clear articulation of the think Castro can afford for us not to. by the North Korean Communists. U.S. concern about the denial of per­ It seems almost too simple . . . Castro's Poor man, he certainly should have sonal and civil liberties in much of the rei~n in Cuba. A man ousts an unpopular world today is by no means inconsistent dictator and establishes a totalitarian state known better. How could the general with a. marxist e<:onomic order. He is sup­ have missed the finely tuned treachery of with our attempts to negotiate agree­ ported by a super-power anxious for a. foot­ our catastrophic policy of surrender to ments with other governments, friendly hold in our hemisphere. He arranges very communism in Southeast Asia? How or unfriendly, on a variety of issues in­ favorable trade agreements with that super­ could he have missed our policy to force volving our national security and our power, and with other totalitarian regimes Africa under the control of Moscow­ overriding national interest. around the world. In addition the suoer­ Cuba communism and our transfer of the As chairman of the Committee on In­ power freely gives him economic and mm­ tary aid-a terrific amount. Panama Canal to a leftwing pro-Com­ ternational Relations, I fully support this For many years the super-power continues munist pipsqueak dictator? administration's efforts to conclude a to provide aid while the economy of the state He certainly must understand that mutually acceptable arms control ac­ falters. Finally the super-power has eco­ this administration will allow Communist cord, to stem the proliferation of nuclear nomic troubLes at home and begins to make Vietnam to go into that international weapons and to work out an international noises about cutting the aid or renegotiating circus, the U.N., with no U.S. objection, treaty on the law of the sea. There are the trade agreements. And so the man takes many other areas in which progress is his cause to another super-power, this one He certainly must have watched those democratic and capitalist, and he is warmly who want to give most favored nation both attainable and, I believe, desirable. received. He begins to see a way out of his trade status to our enemy, the Soviet Our commitment to these goals does economic hole. Union, and those businessmen who hug not mean, however, that we accept or And now it is time for the people of the Castro tight to see if a few dollars drop condone Soviet oppression over its own democratic suoer-power to say "no" to a out of his pocket which they can gobble minorities or over the peoples of Eastern bailout of Castro's Cuba. If we break, if we up in trade. Europe or the denial of human rights by July 21, 1977 EXTENSIONS OF REMARKS 24469 governments in all parts of the world, and ties of freedom of thought, religion and addition to J. I. Case, DeLaval New Hol­ I commend President Carter for having self-determination. land, Badger-Northland, and other made that distinction clear. It is the While agreeing to abstract ideas on varied lines of farm machinery. In 1961 cornerstone of his foreign policy. paper is one thing, bringing them to real­ J. I. Case was replaced with Ford. Captive Nations Week, moreover, af­ ization is quite another. Since 1920, over Through the dealership, having been fords us the opportunity to draw public 30 nations have come under totalitarian a member of the New York Farm Equip­ attention to violations of principles which rule despite righteous declarations of hu­ ment Dealers Association since 1947, he the Soviet Union freely undertook to up­ man rights and freedoms. served as president of the New York As­ hold when it signed the Helsinki accords. We must do what we can to reverse sociation in 1957 and was elected to There is no reason whatever for this this deplorable condition. Detente is a serve as New York's national director to country to apologize for seeking reason­ step in the right direction. It has opened the national association in 1968. In able implementation of those accords­ up closed Communists societies to the 1973, he became a member of the na­ and that is precisely what the Belgrade democratic influence of the Western po­ tional executive committee. Conference is all about. litical tradition. Knowledge is tryanny's In addition to these responsibilities he Second, it is worthwhile noting that the worst enemy. was elected to the Richfield Springs Soviet leaders themselves have unfortu­ Partly because of our support, dissi­ Central School Board in 1958 and served nately repeatedly proclaimed that the dents in captive nations have become for 4 years as president. He is also a "ideological struggle" will continue­ more and more vocal in their denuncia­ member of the advisory board of the whether there is detente or no detente­ tion of governmental oppression. The Richfield Springs Branch of the State agreement or no agreement. Their atti­ Sakharovs and Orlovs have spoken out, Bank of Albany. He joined the local tude on this subject is no secret and it but they cannot go it alone. Rotary Club in 1950 and has had a rec­ is best to take them at their word. Captive nations and peoples of the ord of perfect attendance for 24 years, Two points can be made: First, the world need our support. At this time serving as president between 1960 and record indicates that Communist ideolo­ when the Soviet Union is cracking down 1961. Additionally, he served 3 years on gy and propaganda have their strongest on dissident groups, the ardent support the advisory board of the agricultural appeal-one might say their only ap­ of some of us who are committed to free­ engineering department of the Coble­ peal-in those regions in which the Com­ dom gives renewed hope and strength to skill Ag and Tech College in Cobleskill. munist totalitarian system of control has these courageous men and women. Mr. Springer's dedication and diligent not yet been imposed; and second, in any We must hold the Soviet Union and a.ll work for the association is commend­ "ideological struggle" which may ensue, nations accountable to the Helsinki ac­ able. His service to his community is there is no concept which fulfills basic cords. As President Carter said in his deserving of the highest praise. His en­ human needs and aspirations as does inaugural address, "because we are free tire career has been marked with dedi­ that of freedom. It is also a concept we can never be indifferent to the fate cation, honesty, integrity, and fairness. which we cannot afford to disregard, of freedom elsewhere." Silence in the His dealership is regarded by other except at our peril. face of oppression is acquiescence. We dealerships and customers alike as one That, Mr. Speaker, is the message we must not fail to speak out against human of the best in the country. should proclaim to all nations which are rights violations wherever they occur. I ask you and my colleagues to join not free-not only at this time, or Other nations may say that we are in­ me in congratulating and giving our throughout this year, but at all times­ terfering with their internal affairs, that best wishes to Mr. Springer in his new until freedom, self-determination, and we are foisting our ideology upon their and important position as president of human dignity are restored to all people. citizens. But we must continue to live up the National Farm and Power Equip­ to our obligations as a free people, to ment Dealers Association. speak out as long as others cannot. CAPTIVE NATIONS WEEK As we commemorate Captive Nations Week, let us remember as free men to OUTSTANDING JOURNALISTIC continue our support of all those who are CAREER OF JOHN FUSTER HON. SILVIO 0. CONTE deprived of their full rights and liberties. OF MASSACHUSETTS HON. LOUIS STOKES IN THE HOUSE OF REPRESENTATIVES SALUTE TO FHANKLYN D. SPRING­ OF OHIO Thursday, July 21, 1977 ER, PRESIDENT OF THE NATION­ IN THE HOUSE OF REPRESENTATIVES AL FARM AND POWER EQUIP­ Thursday, July 21, 1977 Mr. CONTE. Mr. Speaker, as you know, MENT DEALERS ASSOCIATION in 1959, President Eisenhower signed the Mr. STOKES. Mr. Speaker, I rise on first proclamation designating the third this occasion to bring to your attention week of July as Captive Nations Week. HON. DONALD J. MITCHELL and to the attention of my colleagues in On this, the 19th anniversary, I wish to OF NEW YORK the U.S. House of Representatives the underscore our support for the oppressed IN THE HOUSE OF REPRESENTATIVES outstanding journalistic career of John and persecuted peoples of the world. Fuster of Cleveland, Ohio. As former The United States was founded on the Thursday, July 21, 1977 sports editor of the Cleveland Call and principles of liberty and democracy. Our Mr. MITCHELL of New York. Mr. Post, he is truly one of the great con­ beliefs are derived not from dusty tomes Speaker, it is with great pleasure and tributors to the challenging field of sports but live and organic documents such as pride that I call to your attention and reporting. the Constitution and the Declaration of to the attention of my colleagues, the Mr. Speaker, John Fuster has also dis­ Independence. With our freedom comes record of service and leadership estab­ tinguished himself in other areas of the an obligation, a duty, to use our valu­ lished by Mr. Franklyn D. Springer, of newspaper business. He has been a man­ able liberty to support those suffering Richfield Springs, N.Y., who will on Au­ aging editor and women's editor for the under the oppression of totalitarian gov­ gust 3 become the president of the Na­ Call and Post as well as an advertising ernments. tional Farm and Power Equipment executive. Unfortunately, the years have There are certain human rights which Dealers Association. passed much too rapidly and the time for transcend political ideologies and geo­ As the son of a dairy farmer he or­ retirement has approached. But even graphical boundaries. These freedoms ganized with his father a J. I. Case Co. though John Fuster has turned in his are. inherent in human nature; they are farm equipment dealership in 1933 press card, he has by no means laid as mseparable from man as an arm or a terminating it in 1937 to allow him to down his pen. In fact, Mr. Speaker, he leg. become employed by the J. I. Case Co. is eagerly awaiting the publication of We have enumerated these inalienable as a territory supervisor in New Eng­ three short stories in the very near rights in the texts of the United Nations land. After meritoriously serving his future. Charter, the United Nations Universal country during the Second World War At this time, Mr. Speaker, I would like Declaration of Human Rights and the he returned to New York State and be­ to submit for the RECORD an article Helsinki accords. These compacts reflect came active with his brother in the local which appeared in the Saturday, July 2, the global acceptance of the basic liber- dealership which was now handling in 1977, edition of the Cleveland Call and 24470 EXTENSIONS OF REMARKS July 21, 1 !J77 Post highlighting events from Mr. Fus­ Veeck put scouts on Doby for three days and mark date for Syria Temple of south­ then he was signed. western Pennsylvania. It was on this day ter's notable career. I am certain that The persistence of Fuster and Jackson, my colleagues will share my admiration that the temple celebrated its 100th year broke the color line in the American Baseball of charitable existence. Although the for this talented and courageous indi­ league. vidual. The article follows: Another monumental accomplishment by temple's record of continued life and JOHN FuSTER EXEMPLIFIED THE BLACK PRESS Fuster was the desegregation of the Indian's learning speaks for itself, I feel that a CREDO training camp in Tucson, Arizon~. word or two on the subject is in order (By Mary Lynn) Revelations like this, although many years during this special anniversary year. ago, are still vivid in his mind. His pleasant Day in and day out the good men and Seventy one years ago, in Calhoun, South memories in the field of sports also revert to women of the Ancient Arabic Order, Carolina, John Fuster was born to the union 1940, when the Cleveland Buckeyes, a Negro of Mr. and Mrs. John Fuster, Sr. Little did Nobles of the Mystic Shrine, act as a American League blseball team won the na­ powerful force for charity and good in the parents or townspeople know that this tional championship. little boy would have such an impact on the Owners of the team, Wilbur Hayes and the United States and other countries. field of journalism. Ernie Pope wanted to keep the team all While the temple's financing of crippled Before he was a year old, the family moved black. children's hospitals and burn facilities is to Columbus, Ohio, the place and surround­ Fuster worked diligently against bigotry their best known contributions to the ing circumstances which would mold his life. in reverse. Hayes and Pope blocked the ef­ community, it is their extraordinary d~d­ At the age of nine, he took a paper route forts of two white men to try out for the distributing the Chicago Defender in Colum­ ication and concern for their fellow men team. that truly sets them apart. I am sure that bus. This was during a time of racial, social, As a result, Fuster discontinued to print and economic unrest when lynchings were articles about the team unless the owners Americans everywhere join me as I salute rampant in the south. opened the tryouts. Realizing that the Call Syria Temple of southwestern Pennsyl­ No other black newspaper in the country and Post was the only paper to print black vania and its current potentate Fred­ prior to this time had ever attempted to lash sports news, the owners consented and the erick T. Hiller. out and display the injustices and sheer mur­ two whites tried out and made the team. der of blacks as did the Chicago Defender. This gesture shows Fuster to be a man who As a child, Fuster had wanted to become a used journalism to strive for the rights of all. THE MORAL SIDE OF THE NEUTRON lawyer, but the influence of racial bigotry The newspaper business has filled the and his deep interest in the Defender's head­ great majority of John Fuster's' life. BOMB ISSUE lines led him into the area of journalism. Until1951, he had worked in every capacity The Chicago Defender was the first major except advertising. In 1951 he entered the American institution to start a civil rights field. His dynamic personality and public HON. ROMANO L. MAZZOLI movement in Chicago. Not only were they relations finesse again caused him to make OF KENTUCKY the only paper to report lynchings, they also great strides. IN THE HOUSE OF REPRESENTATIVES sent reporters to witness and write about He brought in the ads of the big white­ them. This further impressed Fuster. owned business establishments who previ­ Thursday, July 21, 1977 Lynchings and murders of blacks were not ously did not advertise with the paper. Mr. MAZZOLI. Mr. Speaker, as the of interest to the white publications; nor Today, although retired, from the com­ were the harassments of blacks all over the Senate attempts to decide the fate of the pany, he still writes. Presently, he is working neutron bomb, I feel that it is impera­ country. In preparation for his new career, on three short stories (soon to be published) Fuster studied journalism at Ohio State and endeavoring into journalistic "car­ tive that we all seriously consider the UniversitY. toonism." consequences of having such a weapon Later, with assets totaling $157.00 he Of late, he has been lonely due to the re­ at our disposal. This is not merely a founded the Ohio State Press. He and a friend cent demise of his lovely wife, Maryette, a pragmatic question concerned only with Eddie Johnson, ran the paper and it became former public school teacher and concert appropriation of funds, but a moral ques­ the first black oriented one in Columbus, pianist of great educational wealth. John Ohio to share controversial views with the tion as well. An editorial in the Louis­ Fuster is wealth in many ways-and always ville archdiocesan newspaper, the Record, readers. has been. This was b3ck in the 30's and when the He looks back with great pride on his first addresses the moral questions posed by depression struck the paper was short lived. professional interview with Adelaide Hall and the neutron bomb debate: Eventually, he joined the staff of the Call her dance troupe. He recalls the warmness of NEUTRON BOMB DEBATE POSES MORAL which merged with the Post and his first ex­ comedian Jack Benny and his wife Mary QUESTIONS perience with the Call and Post was initiated. Livingston. He worked steadily until being drafted into A new Pandora's box is being juggled in the the m111tary but returned in 1945 and has He remembers the excitement with which U.S. Senate. It is a bill to provide the funds been with the publication ever since. he interviewed Joe Louis, whom he hails to produce the latest in a long line of super­ as the best· fighter who ever lived. bombs. He has served in the capacities of general He also remembers Paul Brown, the found­ The measure touched off a heated con­ newsperson, sports editor, women's editor, er-manager of the Cleveland Browns and his troversy in the Senate, at one point bringing and editor of all three publications (Cleve­ blindness to skin colors where his team was about the clearing of the gallery for a secret land, Columbus and Cincinnati). concerned. session that lasted nearly three hours. With While serving as women's editor, the cir­ And he also remembers Connie Mack, opponents of the bill threatening a fili­ culation soared. He consulted with students owner-manager of the Philadelphia Athletes buster, the senators postponed a vote until at Western Reserve University who were who never had a black on his team and when after the holiday recess. studying prenatal needs of expectant questioned about it always answered "No What is this new weapon that is being so mothers. This drew much public interest and comment" hotly debated? It is the neutron bomb, added a new dimension to the weekly. He He also reminisces about interviews with known as the "death ray" bomb during the may have been the first man ever to serve as some of the top entertainers of his day such developmental stages in the 1960s, because it women's editor at a newspaper. as Duke Ellington, Count Baste, Dorothy is designed to k111 people with lethal doses of Of all his experiences, he loved being sports Dandridge, and Dinah Washington. nuclear radiation. It incapacitates its vic­ editor the most and speaks of it fluently. The You may never see a picture of John Fuster tims, bringing as much as six days of torment Call and Post he recalled, was instrumental hanging in the Baseball Hall of Flame-but and finally death. Except for the immediate in bringing blacks into the major leagues in he is there in the persons of the great blacks area of impact, property suffers little dam­ Cleveland. who benefitted by his persistence that the age. Fuster recalls that in 1947, when he wRs major league doors become opened and segre­ To bring into relative focus the immensity state Rports editor, the paper was directly re­ gation in sports be kept a thing of the past. of the potential of this proposed new addi­ sponsible for bringing the great Larry Doby tion to our arsenal of war-deterrent weapons, to the Indians. consider the following data: The atom bomb, dropped on Hiroshima He was the first black signed by owner­ SYRIA TEMPLE OF SOUTHWEST Aug. 6, 1945, had a destructive force equiva­ manager BUl Veeck and was signed upon the PENNSYLVANIA CELEBRATES 100 lent to 13,000 tons of TNT. The final toll of recommendation of then city sports editor YEARS destruction of that one bomb has yet to be Walton C. Jackson. summarized at this time, nearly 32 years Fuster and Jackson had always been per­ later, not because of negligence to the detail sistent in their questions concerning the lack HON. WILLIAM S. MOORHEAD of recording statistics, but because the ex­ of blacks in the Indian's team. Finally, Veeck, tent of its effects are yet to be discovered. after a heated argument that took place at OF PENNSYLVANIA The morality of the decision to use that first Kent State University, conceded and said (in IN THE HOUSE OF REPRESENTATIVES atom bomb remains a source of considerable jest), that if Jackson could find a black Thursday, July 21, 1977 debate. It was an act that opened a new player who could play, he'd sign him. chapter on "man's inhumanity to man." Jackson referred Veeck to Doby, a talented Mr. MOORHEAD of Pennsylvania. Mr. Nov. 1, 1952 made history with the test second baseman with the Newark Eagles. Speaker, May 19 of this year was a land- explosion of the first hydrogen bomb-a July 21, 1977 EXTENSIONS OF REMARKS 124471 bomb with destructive force equal to 12,- even the secrecy shrouding it. Rather our founded allegation that Mr. O'Bradaigh 000,000 tons of TNT as opposed to 13,000 tons serious question and very real concern is the was a member of the Irish Republican of TNT of the atom bomb. morality of using weapons of such awful Just two years later, the world experienced magnitude as the atom, nuclear and neutron Army to deny him his visa. Mr. O'Bra­ its first nuclear test explosion of a bomb with bombs. The strategists seem to be more con­ daigh has repeatedly denied that charge a destructive force of 15,000,000 tons of TNT. cerned with the preservation of property yet was not even given a chance by the All nuclear explosions produce four lethal than with the destruction of life. This is State Department to refute it. effects: blast, heat, radiation and fall-out. even more awesome when one considers the I have written to the President on this A one-kiloton neutron ~omb With destruc­ possib111ty of the neutron bomb coming into matter. I pointed out to him that very tive force equal to "only" 1,000 tons of TNT irresponsible hands. One must pose the ques­ recently, a visa was granted to the Italian can devastate an area of approximately one­ tion: does the end, that of preserving prop­ Communist mayor of Florence, Italy. third of a mile With hea't ana t:>las't and erty, justify the means designed to destroy approximately a mile and a fraction with human life on an unprecedented scale? My letter continued- radiation. A conventional nuclear device big The new Defense Secretary Harold Brown You have championed the very just cause enough to spread lethal radiation over a is a nuclear physicist who helped perfect the of human rights and made it an integral part mile and a fraction would expand the blast neutron bomb. Reportedly he could not speak of our foreign policy. It is clear that the ac­ and fire area to over 12 miles. without emotion when he revealed some of tions of the State Department are in direct Neutron weapons would replace nuclear the visions that drive him. He said he was conflict with the spirit of this policy. I urge weapons that destroy civ111ans and homes on hand to observe "between 10 and 30 nu­ you to examine this situation at once. far beyond the battlefield area to which the clear explosions including 10 of megaton or It is my hope that the House Interna­ effects of the neutron weapon would be con­ more"-equivalent to "only" 1,000,000 tons fined. Pentagon spokesmen cite the fact that of TNT. "When you've seen those, you don't tional Relations Committee will also be­ the neutron warhead would pinpoint a col­ forget easily. It has a big effect on your esti­ come involved in examining this and umn of Soviet tanks known to be impervious mate of what a nuclear war would be like." other facets of the Irish question. Such to heat and blast effects and that " ... the As defense secretary, his responsib111ty is hearings have been requested by myself radiation from a neutron bomb penetrates to restructure the nation's weapons and and other concerned Members. I intend tanks and lasts only a few seconds, allowing strategy, and to maintain sufficient m111tary to continue my efforts to get hearings on allied troops to move into a target area strength to be a deterrent to war. But re­ this critical issue. soon after an explosion." According to pro­ portedly he fervently believes that both the I now wish to insert into the RECORD ponents "this is considered a more humane U.S. and the Soviet Union have far too much type of weapon because it is more precise nuclear power for their own good. A proposal a copy of an interview conducted re­ in its target." for big reductions in the U.S. and Soviet nu­ cently between noted New York City The opponents led by Senator Mark Hat­ clear arsenals-not just a ratification of cur­ radio personality Bob Grant and Ruairi field (R. Ore), maintain that the precision rent ce111ngs which he thinks are too high­ O'Bradaigh: might encourage use of the neutron bomb. was put before the Strategic Arms Limita­ INTERVIEW Defense officials disagree claiming use would tions Talks (SALT) in March. Mr. Brown was On Monday night last, July 11, Mr. Bob be limited to "only ... times of despera­ the President's most influential advisor on Grant of WOR Radio, made a prearranged tion." They press their case by saying that the proposal. In his five months in office he trans Atlantic telephone hook-up to Mr. the primary value would be the safety it has shown he is not averse to pressuring the Ruairi O'Bradigh, President of Sinn Fein, in will afford U.S. troops and all1ed forces and Soviets to sign an arms agreement by deploy­ Ireland. territory. "The Soviets know we may be re­ ing new weapons. INTRODUCTION luctant to use nuclear warheads because of Perhaps our hope rests with the defense secretary as President Carter's advisor who is Mr. GRANT. Rory O'Bradaigh, President of the devastation to allied territory. The pre­ one of the political organizations in Ireland cision of the neutron warhead would be a acknowledged to have "the full faith of the President." Obviously he has not been able was invited to speak at Niagara Falls at the deterrent the Soviets would respect, knowing A.O.H. Convention. The A.O.H. is the largest it to be a force decreasing their chances to dissuade the President from approving the neutron bomb and requesting funds for its Catholic organization in the United States­ of surviving an assault." Critics of this view the grounds given were that Mr. O'Bradatgh argue that the U.S. cannot assume that the production. But with his acute awareness of the awesomeness of nuclear warfare, per­ was refused a visa to enter the United States, Soviet Union would not retaliate against the the grounds given were that Mr. O'Bradaigh neutron bomb by using conventional nuclear haps the Defense Secretary can use his in­ fluence to encourage President Carter to lead was a member of the Provisional I.R.A., an weapons. (Though the reaction of the So­ accusation he says is untrue. viet Union indicates it has not perfected a the heads of all nations to the conference table. There, perhaps, an agreement can be While many are claiming that this may be neutron bomb to date, there is no certainty part of a larger issue, the selectivity discrimi­ that they have not.) On July 7, 1977, the reached to outlaw war by international law and to use technology in striving for peace nating against those who may enter this Soviet news agency Tass reported on Ameri­ country to speak. ca's test of the neutron bomb: " ... pros­ and harmony among nations instead of us­ ing it for outdistancing one another on a Mr. GRANT. Mr. O'Bradaigh, what organi­ pects for a new arms race has brought new zation are you President of, and what is its liveliness to ultra right organizations in the collision course for the complete destruction of mankind. goal? U.S." The Soviet newspaper Pravda has de­ Mr. O'BRADAIGH. I am President of the Sinn nounced the warhead as ". . . practically a Fein org.aniza tion which exists for more than chemical-warfare weapon." seventy years, since about 1905. It is entirely According to Senator Hatfield, who has STATE DEPARTMENT HARASSMENT a political organization and its goal is to re­ led the fight against appropriation of funds OF IRISH AMERICAN COMMUNITY move British rule from Ireland and to estab­ for the production of the neutron bomb, CONTINUES lish majority rule in Ireland with due respect the development of the weapon has been for minorities through a Federal arrange­ shrouded in secrecy. "Everything up to this ment. point has been more by discovery than by Mr. GRANT. Are you a member of the I.R.A.? information. We discovered that it was in HON. MARIO BIAGGI OF NEW YORK Mr. O'BRADAIGH. This question doesn't the budget. We discovered that no presi­ arise at all, and I would like to point out dent had ever approved it. This whole thing IN THE HOUSE OF REPRESENTATIVES that when I applied for a visa on the 8th of has stumbled into our life." (Tests of the Thursday, July 21, 1977 June I wasn't asked any political questions. neutron bomb are continuing beneath the I have in front of me here a copy of the form Nevada desert. The Pentagon spokesmen de­ Mr. BIAGGI. Mr. Speaker, for some I filled on that occasion, and in answer to clined to give details about it.) time I have been concerned over the the question: "What is the purpose of your Secrecy might be the Defense Depart­ practices and policies of the U.S. State trip?" I wrote in, "To advocate solutions to ment's idea of control of the neutron bomb. Department with respect to refusing visas the Irish Problems to Irish-American socie­ For some individuals in the Defense Depart­ for leading Irish politicians to visit ties and to Congressmen." I wasn't asked any ment, secrecy for the sake of national secu­ political questions whatever, and I wasn't rity might justify shrouding its mind­ America. I personally visited Ireland in given any reason when I was told that such boggling destructive potential. But even April of 1975 to discuss this matter with a visa would not be available. I was told that within this context, what can justify burying senior American officials. some weeks later. I was given no reason what­ the funding for production of the neutron The harassment continues. Most re­ ever. I was just told that the State Depart­ bomb in the public works budget (where it cently, the Department of State refused ment declined and in fact, the reason you was "discovered") ~nstead of including it in to grant a visa to Mr. Ruairi O'Bradaigh, have mentioned yourself is news to me. the more appropriate budget for the Defense Mr. GRANT. Once again the question, Mr. Department? This is gross misrepresentation president of the legally sanctioned Sinn Fein political party in Ireland. They cite O'Bradaigh, which for some reason you have of the total figure of funds appropriated for failed to answer, are you a member of the defense spending. It 1s a pertinent question a rarely used and outdated portion of the I .R .A.? that calls for some answers before forming Immigration Act which bars persons Mr. O'BRADAIGH. No! I'm not a member of any judgment about the neutron bomb. whose asso:iations in their nation make the I.R.A. We are not directly concerned here with them a possible threat to our Govern­ Mr. GRANT. Isn't Sinn Fein closely associ­ the strategic value of the neutron bomb, nor ment and security. They used an un- ated with the IRA? 24472 EXTENSIONS OF REMARKS July 21, 1977 Mr. O'BRADAIGH. Sinn Fein, historlcaUy, has Mr. GRANT. And I am sure Mr. O'Bradaigh, Such costs include lost man-hours a been associated with many organizations in it wouldn't bother you one bit that the Gov­ drain on health insurance funds ~nd Ireland and it is a political organization and ernor of this state, Mr. Hugh Carey, wouldn't its object is to secure the removal of British come over to say 'hello'? intangible, yet very real, psychol~gical rule from Ireland by political means. It is as Mr. O'BRADAIGH. Well, no, but I do know costs to families faced with the agonies clear as that and there is a comprehensive that many Congressmen would. I have met of tobacco-induced disease. program which I intended to put before the them in the past and the last time I was in For those who argue that the subsidies New York State Convention of the A.O.H. at America I was at Washington testifying be­ are keeping small tobacco farmers afloat, Niagara Falls, at the invitation of the Presi­ fore a Human Rights Committee of the In­ let me say that I am sympathetic to the dent, Mr. John Keane. ternational Affairs Committee of congress, problem. But we cannot compromise on Mr. GRANT. Well O'Bradalgh, I want to as­ chaired by Congressman Donald M. Frazer sure you that whether you are or are not a and in the course of my visit to America and an issue as important as our national member of the I.R.A. is at this point, in my their visits to Ireland I have met Congress­ health. I therefore concur with Mr. opinion anyway, even if you were, I think it man Blagg!, Lester Wolff, Joe Moakley, and JoHNSON of Colorado in recommending would be immaterial at this point. I think so forth, so that even if Governor Carey that the Agriculture Committee prepare the relevant question is: Why do you feel you would not say "hello'' I know very many an impact statement on tobacco desub­ have been denied entry into the U.S.? Congressmen who did in the past and would sidization, along with a report on eco­ Mr. O'BRADAIGH. Well, because I am op­ indeed, in the future, all good friends of nomic options for those farmers for posed to British rule in Ireland, and I believe Ireland. that the British Government and the Dublin Mr. GRANT. Thank you very much, sir. whom desubsidization would create fi­ Government which rules a part of Ireland Mr. O'BRADAIGH. Thank you indeed, Mr. nancial adversity. In the long run the and which is in collaboration with British Grant. policy shift I have enunciated is su~e to policy, because they both have used influence The Irish people, on behalf of all our read­ have beneficial consequences for this with the American State Department to have ers, wish to sincerely thank Mr. Bob Grant body, and for the health of our people­ me denied entry, and I would say that at this and WOR Radio for their courage, effort, and consequences that will far outweigh the it is a violation of the human rights of the consideration in bringing the voice of Mr. temporary problems posed for tobacco A.O.H. and also of my own right to travel, to Ruairi O'Bradaigh to their Radio listeners. farmers. In short, the question I put to deny me entry to the United States at this time. Now, much has been made of the Hel­ my colleagues is this: Do we want fed­ sinki Agreement as I'm sure your llstene.rs GOING UP IN SMOKE erally subsidized lung cancer, heart dis­ are aware and much has been made also of ease, and respiratory disease, or would we the rights of Jews within the Soviet Union to rather go on record as supporting an end have Uberty to travel, and at the same time to America's tobacco addiction? an Irishman is denied the right to enter the HON. ANDREW MAGUIRE U.S. to advocate a peaceful solution to the OF NEW JERSEY Irish problem. I think this is a very grave IN THE HOUSE OF REPRESENTATIVES situation. It's true that I am a polltical dissi­ Thursday, July 21, 1977 ROUND TWO ON VINYL CHLO­ dent! That is so, but I understand that Pres­ RIDE: INDUSTRY CRYING WOLF ident Carter has said that if necessary, the Mr. MAGUIRE. Mr. Speaker, once AGAIN? U.S. would have to change its laws to con­ again we have an opportunity to incor­ form with the Helsinki Agreement. Now, all porate our national commitments to im­ this coming up for review in the Fall at Bel­ grade, Yugoslavia, and the Helsinki Agree­ proved health and environmental quality HON. DAVID R. OBEY ment is bein~ looked at again and its prog­ into our farm subsidy program. It strikes OF WISCONSIN ress reviewed, and I believe that this refusal me as the height of hypocrisy that we IN THE HOUSE OF REPRESENTATIVES of a visa to me without hearing my case; continue Federal subsidies to tobacco without accusing me and giving me a right farmers at the same time as the Depart­ Thursday, July 21, 1977 to defend myself that is in violation of the ment of Health, Education, and Welfare, Mr. OBEY. Mr. Speaker, in 1974 the spirit and of the letter of the Helsinki Agree­ through both its Secretary and the Cen­ ment. Department of Labor instituted strict Mr. GRANT. You mentioned the President, ter for Disease Control, has pledged to regulations to protect workers from ex­ I hear that he has indicated that he would educate the public on the serious health posure to vinyl chloride, an extremely allow you to enter the country. Did you hear consequences of smoking, both for smok­ dangerous carcinogen. At that time in­ that also? ers and those exposed to smoking by dustry spokesmen said that the strict Mr. O'BRADAIGH. No, I haven't heard that others. As President Carter has pointed regulations would cripple the plastics in­ at all. That's news to me. out, the national commitment to health dustry and that they would cost too Mr. GRANT. Well, this was something we is difficult to reconcile with Congress much in view of the small number of had heard from an individual who asked us annual payouts of millions of dollars to not to use his name on the air, but it might workers involved. But the regulations very well be that he is only guilty of some tobacco growers. I believe it is up to us went into effect anyway and as the Wall wishful thinking. to reexamine these policies, and to shift Street Journal reported a year later, the Mr. O'BRADAIGH. Well, I just used to say in the balance in favor of protecting the industry had not been crippled but in­ respect of the Helsinki Agreement Interna­ public's health. stead was prospering. tional Arrangement and is of great interest to Let us look for a moment at the health Now the Environmental Protection President Carter who expressed his great con­ effects our tax dollars buy when we sub­ cern for human rights, not alone in the U.S. Agency wants to place restrictions on the sidize tobacco farming. For example, we level of emission of vinyl chloride in the but throughout the world, and I would sub­ know that children have a higher inci­ mit that Ireland, and the conflict in Ire­ air and water. It is now feared that peo­ land, provides a threat to human rights. dence of respiratory infections than ple living and working in a 5-mile radius Mr. GRANT. Mr. O'Bradaigh, let me just say adults, and are most sensitive when ex­ of places which emit vinyl chloride may this to you, sir. With some of the incredible posed to tobacco smoke and other air­ be adversely affected. Once again the in­ types of people they have been allowing to borne pollutants. There is also statistical dustry is saying that the regulations are come into this country, I certainly think evidence that demonstrates a clear rela­ there should be room for you. I really don't tionship between parental smoking and useless and too costly to implement. understand why you should be denied entry respiratory illness in children. For years I am inserting an article from the into this country for the purposes you've scientists have shown strong correlations Washington Post which explains the stated. I think it is an outrage, and I want EPA and industry arguments regarding to extend to you an invitation to appear on between smoking and diseases such as lung cancer and heart and respiratory the new regulations and the Wall Street this program when, and if some sanity pre­ Journal report from 1975 in hopes that vails in the State Department and you are diseases. Now we are beginning to hear allowed to come in and visit us. about the deleterious health effects that Members of Congress will remember that Mr. O'BRADAIGH. Well, thank you very much tobacco has on those involuntarily ex­ industry complaints about the cost of Mr. Grant, and I'll be looking forward to posed to smoking by others. implementing regulations to protect that. I would like to make a final paint and For these reasons, I strongly favor an workers and the general public may say, that I have in the past negotiated with end to tobacco subsidies, and to the sometimes be unrealistic: the British Government. My life has been [From the Washington Post, July 20, 1977) dedicated to finding a solution to this inter­ policies that underlie them. We as ana­ tion literally cannot afford to support VINYL CHLORIDE TRIGGERING ANOTHER minable problem of British rule in Ireland ENVIRONMENTAL FIGHT and I look forward very much to having any industries that damage our health. To­ visa restored to me and traveling to America bacco payments represent only one side (By Bradley Graham) advocating a peaceful solution to the Irish of the equation; how much does the sub­ Vinyl chloride, the cancer-causing chemi­ problem and appearing on your show, and for sidy really amount to when the so-called cal which menaces the plastics industry, that invitation I'm very grateful to you. external costs are taken into account? again has roused industrialists and environ- July 21, 19~7 EXTENSIONS OF REMARKS 24473 mentalists to fierce debate over when enough solving the problem. This seems to be the mere 2 percent of the defense funds re­ is enough. case with the senior Senator from Massa­ quested, were in areas that might pos­ In open hearings yesterday, industry chusetts, which is properly commented sibly be considered to effect defense spokesmen angrily denounced as unneces­ sary, usless and too costly strict new stand­ on in an editorial broadcast by WBBM­ policy in some manner. ards to limit the emission of vinyl chloride. TV in Chicago, which I insert in the The study, entitled "An Analysis of But an attorney for the Environmental RECORD at this point: Congressional Reductions in the Defense Defense Fund, the leading proponent of fed­ Censorship of broadcast advertising has Budget: Fiscal Years 1971-1976,'' was eral action, claimed the new regulations­ been tried before, of course, with cigarettes. published as Congressional Research the second set of emisison standards to be And look what happened. Cigarette smoking Service multilith No. 76-205F, Septem­ strapped on the industry in nine · months­ increased to record levels. And so did ciga­ rette advertising in other media. ber 16, 1976. are necessary to jolt plastic manufacturers Mr. Speaker, subsequently I asked Mr. into developing more efficient clean-air So, Senator Kennedy's attempt to prohibit technology. broadcasters from airing certain commer­ Richard P. Cronin of the Library staff to Until 1974, vinyl chloride was accepted as cials will solve no problems. It will only update his study by making the Jame a cheap and almost innocuous gas used as create problems-bad problems, government analysis of the congressional actions on a propellant for insecticides and hair sprays censorship problems. the fiscai year 1977 defense request-the and as a base ingredient in a common plas­ KENNEDY'S CENSORSHIP request that was moving through Con­ tic (polyvinyl chloride) found in flooring, (By Gary Cummings) gress while the debate on the l<,ord car upholstery, wrapping, pipes, phonograph Senator Ted Kennedy wants to censor tele­ charges was going on. records, film and other products. vision and radio. He wants to order us not Mr. Cronin has now submitted his anal­ In recent months, however, the chemical to broadcast certain rna terial. ysis. The raw figures indicate that Mr. has been blamed for the cancer death of at Kennedy's misguided censorship involves Ford's attacks may have had some im­ least a dozen industrial workers. Several the saccharin controversy. He's pushing a studies suggest prolonged exposure to vinyl pact: the total reductions in the defense bill to allow you the right to continue buying budget request last year were proportion­ chloride can cause a rare and fatal form of products containing saccharin, provided they liver oancer in the hundreds of employees warn of saccharin's health hazard. That's ately the lowest in 6 years. Mr. Speaker, I who work in, and 4.6 million people who live fine. You should have that right. enter in the RECORD at this point the within five miles of, the nation's 58 manu­ What's not so fine is that Kennedy's pro­ analysis and three tables that comprise facturing plants. posal would effectively ban all broadcast ad­ Mr. Cronin's report: Standards proposed by the Environmental vertisements for such products-diet drinks, THE LIBRARY OF CONGRESS, Protection Agency would reduce the accept­ diet foods, even toothpaste and chewing gum. CCNGRESSIONAL RESEARCH SERVICE, able amount of chloride from 10 to 5 parts Kennedy isn't trying to muzzle the other Washington, D.C., July 11, 1977. per million in air or water discharges. media-magazines or newspapers. He either To: Honorable Les Asp in, Attn: Warren Though the reduction appears significant, doesn't dare or he can't get at them. But be­ Nelson. Ralph Harding, president of the Society of cause broadcasters are regulated by the gov­ From: Richard P. Cronin, Analyst in National the Plastics Industry, complained it would ernment, he can put the screws on us. And Defense. do little to improve air quality because of he's trying to do so. Subject: Analysis of Congressional Reduction the relatively larger amount of gas that to the FY 1977 Defense Budget. would continue to escape through uncon­ In response to your request we have trolled points in the manufacturing process. evaluated final congressional action on the AMERICAN DEFENSES FY 1977 Department of Defense budget re­ LABOR LETTER-A SPECIAL NEWS REPORT ON quest in accordance with the methodology PEOPLE AND THEIR JOBS IN OFFICES, FIELDS employed in a September 16, 1976, report to AND FACTORIES HON. LES ASPIN you covering the fiscal years 1971-1976. Crying wolf? Vinyl chloride plants keep OF WISCONSIN The present analysis consists of tables 1 humming under new federal rules. and 2 from the earlier report as updated to A year ago, makers of vinyl chloride and IN THE HOUSE OF REPRESENTATIVES accommodate the FY 1977 data, and table 3 its many plastic derivatives were saying that Thursday, July 21, 1977 as modified to display the FY 1977 data only. adoption of proposed rules cutting workers' Since the original report was keyed to De­ exposure to the cancer-causing gas would Mr. ASPIN. Mr. Speaker, one of the partment of Defense data referring to a spe­ force the industry to "close down immedi­ major issues in last year's campaigns re­ cific total of congressional funding cuts for ately." But, six months after tough new volved around then President Ford's the period FY 1971-76, we have not included rules took effect, no plant has closed be­ suggestions that the "Democrat-con­ summary totals for all years in the revised cause of them, four new plants have opened trolled Congress" had crippled American tables. and prices are below 1974 highs. defenses by chopping more than $32 bil­ Congressional cuts in the FY 1977 Depart­ U.S. output of vinyl chloride plastic is lion from Republican defense requests in ment of Defense budget amounted to $4,056 way down this year, but the industry con­ million, or about 3.5 percent of the total cedes that's due to the recession. The So­ the previous 6 years. $114,426 million requested by the Adminis­ ciety of the Plastics Industry, the trade I requested the Library of Congress to tration. This includes funding in the regular group that foresaw doom last year, claims analyze just what Congress had done and Department of Defense Appropriation Act, compromises over details of the rules averted released the results last fall. the Military Construction Appropriation Act, disaster; but it concedes the industry "sur­ The Library of Congress study the Second Supplemental Appropriation and prised itself" by being able to comply. concluded: funding for foreign assistance and civil de­ One company, Tenneco, even takes ads to fense programs. Based on the categorizations hail its progress in cutting worker exposures; Congressional reductions to the defense budget between fiscal year 1971 and fiscal employed in our earlier report to you, the Robintech boasts of a cheap new method for FY 1977 reductions break down as follows: cutting in-plant emissions. year 1976 were less critical than might be supposed by a superficial presentation of the "substantive"-62.1 %; "non-critical"-6.4%; total reductions .... Congress has exercised "postponements and deferrals"-16.2%; and "adjustment"-15.2%. . • KENNEDY'S CENSORSHIP only a limited influence on U.S. defense policy and the military force structure. The proportion of FY 1977 reductions fall­ ing into the substantive category is con­ The Library analysis found that: siderably higher than that found in the HON. EDWARD J. DERWINSKI Thirty-five percent of the cuts were analysis of the period FY 1971-76. The sig­ illusory or simply financial adjustments nificance of this divergence, however, is ques­ OF ILLINOIS tionab)e. In dollar terms the substantive re­ IN THE HOUSE OF REPRESENTATIVES such as the elimination of aid for Sa]gon after Saigon fell; ductions for FY 1977, some $2.5 billion in all, Thursday, July 21, 1977 are smaller than for any year since FY 1973. Nine percent of the cuts were in non­ Substantive reductions as a proportion of the Mr. DERWINSKI. Mr. Speaker, one of critical areas such as reductions in the total dollar request are 2.2 percent for FY the contradictions of om; legislative ac­ number of servants assigned generals 1977 versus an average of 2.6 percent for the tivity are Members who, claiming to help and a cutback in the size of the military's period FY 1971-76. some aggrieved section of society, wind public relations force; One explanation for the high proportion of Twenty percent were not cuts but sim­ substantive type reductions is the fact that up imposing a greater Government bur­ the FY 1977 picture did not include the kind den on the entire pub~ic or segments of ply postponements where Congress, for of large postponement and deferral and ad­ society. example, noted a program was having justment actions which characterized some In my judgment, the saccharin de­ difficulties and dropped funds for pro­ earlier years. Large postponement and defer­ bate, caused as it is by an overbenevolent curement until a later year when the ral actions were especially prevalent during bureaucracy, could well result in the teething problems were resolved; action on the FY 1973 and FY 1974 budgets, legislative cure compounding rather than Thirty-six percent of the cuts, or a while FY 1975 and FY 1976 budget action fea- CXXIII--1541-Part 19 24474 EXTENSIONS OF REMARKS July 21, 1977

tured large and atypical adjustment items, gress of anticipatory funds for cost growth If you have any questions regarding the not ably a "windfall" from the abrupt demise and inflation in approved shipbuilding pro­ attached tables or the analysis employed of South Viet nam and the denial by Con- grams. (see p. 12 of the earlier report.) please call 426-5060.

TABLE I.-CONGRESSIONAL REDUCTIONS IN DEFENSE BUDGET REQUESTS,! FISCAL YEAR 1971- 76 (Appropriations 2-Dollar amounts in millions)

Fiscal year- 1971 1972 1973 1974 1975 1976 1977 DOD request______$75, 346 $79,883 $84, 999 $90, 262 $94, 160 $106, 470 $114, 426 Congressional action ______------______-2, 507 -3,917 -6,160 -5, 825 -6, 719 - 8,218 - 4, 056 Appropriated______72, 839 75, 966 78, 839 84,437 87,441 98, 252 110,371 Percent reduction ___ ------____ ------____------__ __======3.==3=====:=====::==:=====:======4. 9 7. 3 6. 5 7. 1 7. 7 3. 5

1 The figures cited in this and subsequent tables refer to funds appropriated to or managed by 2 Appropriations are provided in the form of new obligational authority (NOA). This is nearly, (military assistance) the Department of Defense. Excluded are other programs which make up the but not completely synonymous with the term budget authority (BA). The Department of Defense total national defense functional category of the budget such as ERDA atomic ener~y defense activi­ also uses a term total obligation authority (TOA) which excludes the financ ing and trust fund ad­ ties, the Selective Service System, defense stockp ile materials transactions etc. The DOD military justments which in some cases distinguish budget authority from new obligational authority. and military assistance programs account for more than 95 percent of the total national defense functional category of the budget. \

TABLE 11.-CONGRESSIONAL REDUCTIONS BY CATEGORY, FISCAL YEAR 1971-77' [Dollar amounts in millions)

Substantive Noncritical Postpone and deferrals Adjustments ------Fiscal year Amount Percent Amount Percent Amount Percent Amount Percent Total

1977------$2, 517 62.1 -$261 6. 4 -$659 16.2 -$620 15.2 -$4,056 1976_------3,446 41.9 1, 477 18.0 -471 5. 7 -2,824 34.4 - 8,218 1975_------3,081 45.8 -487 7. 3 -1,036 15. 4 - 22,115 31.5 -26,719 1974_------2,608 44.8 -172 3. 0 -1, 950 33.4 -1,096 18. 2 - 5,825 1973_------1,839 29.9 -159 2.6 -1,610 26.1 -2, 551 41.4 -6, 160 1972_ ------1,681 42.9 -70 1.8 -351 9. 0 -1,815 46.3 -3,917 1971_ ------903 36.0 -125 5. 0 -512 20.4 -967 38. 6 - 2,507

1 Number may not add due to rounding. 2 Includes $183,000,000 in rescissions.

TABLE Ill.- SUMMARY BY APPROPRIATION ACCOUNT AND CATEGORY

Postpone- Total request Substantive Percent of Noncritical Percent of ments and Percent of Percent of Total Percent of fiscal year Appropriation account reduction total request reductions total request deferrals total request Adjustments total request reductions total request 1977

- 168 0. 6 26, 392 ~~m~~ ~m:~r~n~~rsoiiiiei ~ ~ ~ ~~ ~~ ~ ~ ~ ~ ~~ ~ ~ ~~ ~ ~ ~ ______~ ~~ - ______- ~ ~ ~- ______~ ~~ -- ______~ ~ ~ _~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~~ ~~ ~~ ~ ~ ~ ~ ~~ ~------:..: 112 ------c3 - - 112 1.3 8, 493 Operations and maintenance (including civ ilian pay) ______-557 1.7 -176 . 5 ------734 2. z 33, 016 ProcuremenL ______-1, 273 4. z -60 . 2 - 426 1. 4 - 427 1. 4 -2,185 7. 1 30,601 R.D .T. & L ------435 3. 9 -45 . 4 -188 . 1.7 +4 0 - 664 6. 0 11, 102 -3, 862 3. 5 109, 541 Total DOD-military ___ __ ------==-= 2,=3=38====2=. =1 ===-=3=7=5 ====·=3===-=6=1=4=====·=6===-=5=3=4====·=5======Military construction and family housing______+114 +3. 2 -45 1. 3 -86 2. 3 - 17 . 5 3, 590 Civil defense ______------______+16 +2. 2 ______------______------__ ------+16 +2.2 72 Military assistance ______------_____ -195 16.0 ______------______-- __------195 16.0 1, 222 GrandtotaL ______-2,517 2.2 -261 .2 -659 .6 -620 .5 4, 056 3. 5 114, 426 Percent_ __ ------___ ------______===6=2=.1 =_=__= _= __ =_=__=_= __ === 6=. =4 =_=__ =_= __ =_= __ =_= __ =_= __ =_= __ =_= __ =_= __ =_= __ =_ =__ = _=__ = _=_=_ ===15=.=2=_=_=__ =_= __ =_= __ =_=_ ======100. 0 ------

CAPTIVE NATIONS WEEK year, while the people are denied their CAPTIVE NATIONS WEEK human rights on a daily basis. Letters should be written, and protests filed, in­ HON. GLENN M. ANDERSON dicating that Americans deplore the con­ HON. RICHARD L. OTTINGER OF CALIFORNIA ditions existent in too many nations. And OF NEW YORK IN THE HOUSE OF REPRESENTATIVES in Congress, we have the opportunity and IN THE HOUSE OF REPRESENTATIVES Wednesday, July 20, 1977 responsibility to see that U.S. policy re­ Wednesday, July 20, 1977 Mr. ANDERSON of California. Mr. flects the views of these people whom we Mr. O'ITINGER. Mr. Speaker, Cap­ Speaker, another Captive Nations' Week represent. tive Nations Week is a time we have set has come and almost gone. Nearly every It saddens me to look at a globe and see aside to reflect upon the terrible enslave­ year, I address myself to the occasion, as in it the faces of mtllions of people in ment of thousands of fellow human be­ do many of my colleagues. Skeptics some­ captive lands. I can cast my memory ings. We, in the United States, have times say that these are only hollow back and remember days when these minimal understanding of the intense words that do no good. I would, and lands, and these people, were free. So I suffering which is the inevitable result of do, respond that indeed, they are only am surprised from time to time, when I being denied the most basic and funda­ words. But this is Capitive Nations' speak with groups of young people and mental human rights. Week, and they are words, words that they ask me to continue pressing for Extending our deepest sympathy to help us to focus our attention on lands those oppressed peoples behind the Iron and people of the world who have lost action to free these lands. Curtain is only part of our responsibility. those freedoms that we in this country It surprises me, because they cannot It is also imperative that we strongly so easily take for granted. remember the day when these lands were protest the illegal annexation of Latvia, The point that the critics are driving free, but they do remember some film Lithuania, and Estonia by the Soviet at, of course, is that we must not restrict clip they saw, or article they read, com­ Union. These nations under Soviet ourselves to speaking these words once a memorating Captive Nations' Week. tyranny and domination look to us for July 21, 1977 EXTENSIONS OF REMARKS 24475 support and inspiration. Captive Nations employees, the amendment will protect price regulation of natural gas), but drilling Week was established as an indication American consumers from being totally for new domestic wells peaked in 1961 and dependent on foreign suppliers. It will production has been sliding downward since of our firm and unyielding devotion to 1970. the democratic ideals of liberty, justice, help assure consumers of a reliable sugar Fallacy No. 2: More governmental control and freedom for all. supply and avoid the possibility of inter­ is the only solution to the current crisis. In honor of Captive Nations Week let national scheming toward a sugar cartel. History shows that the more the govern­ us rededicate ourselves to helping restore I believe the amendment will also have ment has tinkered with the intricate market­ • to these nations their freedom. the effect of encouraging our foreign place machinery, the worse things have be­ trading partners to come to an equitable come. Quotas, tariffs, price controls, taxes, agreement in the international negotia­ regulations~ach has taken a toll. It is folly to believe that the same people who created SUGAR AMENDMENT TO GENERAL tions. We must demonstrate that we will this mess can now improve the situation by FARM BILL not sit idly by and watch the destruc­ tightening their grip over every single en­ tion of an important U.S. industry. ergy resource. I urge my colleagues to come to the The only sensible answer is to begin dis­ HON. JOHN B. BREAUX aid of a seriously threatened segment of mantling existing controls, beginning with OF LOUISIANA our economy and support Congressman price controls over oil and natural &a.s and IN THE HOUSE OF REPRESENTATIVES DE LA GARZA'S amendment to title IX of including repeal of the energy bill that Pres­ ident Ford, in a tragic error, signed in Decem­ Thursday, July 21, 1977 H.R. 7171. ber 1975. Mr. BREAUX. Mr. Speaker, the sugar Fallacy No. 3: The United States has al­ situation has been thoroughly studied most exhausted its supplies of fossil fuels. SIMON SPEAKS ON ENERGY The President is crying wolf the same way by the U.S. International Trade Com­ that other governmental agencies have in the mission. They concluded that the domes­ past. In 1914, 1939 and again in 1949, respon­ tic sugar industry is seriously threatened HON. PHILIP M. CRANE sible governmental officials predicted a quick by imported sugar. The Commission rec­ end to domestic oil supplies, and every time ommended administrative action to re­ OF ILLINOIS they were wrong. duce the level of imports, but their rec­ IN THE HOUSE OF REPRESENTATIVES What we have learned over time is that ommendation was not carried out due Thursday, July 21, 1977 increases in demand, when allowed to work to ongoing negotiations aimed at achiev­ in the marketplace, have brought increases ing an International Sugar Agreement. Mr. CRANE. Mr. Speaker, a recent re­ in supply. view of former Treasury Secretary Wil­ Between 1950 and 1970, for example, the The International Sugar Agreement ne­ known oil reserves of the U.S. increased by gotiations ended May 27, with no relief liam Simon's comprehensive tax refrom proposal speaks in glowing terms of over 500 per cent. Even now, as the National provided to American sugar producers. Academy of En!Jineering has pointed out, we The President has, in the meantime, pro­ "what good civil servants-also known as have only recovered by relying on low-cost posed a 2 cents per pound subsidy as an bureaucrats-can do when their pure technologies; with higher prices and greater interim stop-gap measure. The inade­ expertise is enlisted in a challenging return on investment, it should be possible quacy of such a proposal is obvious in cause. It-the tax refrom study-is an­ to recover much of the remainder. alytically rigorous, free of ideological To hold prices below market levels as we light of the fact that sugar prices have have in the past, will only increase reliance dropped to below 10 cents per pound. taint, and laced with commonsense." These comments are equally appropriate on OPEC and leave us more vulnerable to for­ Secretary of Agriculture Bergland, on eign blackmail. We can impose a windfall May 4, placed the minimum cost of pro­ when Bill Simon writes on energy mat­ profits tax on funds that are-n't plowed back duction at 13.5 cents per pound. I con­ ters, owing to his stint as the first Fed­ into new investment. It may not be popular sider it imperative to this Nation's sugar eral Energy Administrator. Thus, I com­ to support higher profits, but it makes no industry that a more substantial means mend his fine article on President Car­ sense to continue pouring our money into be found to prevent the total destruc­ ter's national energy plan, which ap­ OPEC so that we can withhold it from our peared in the July 23, 1977, issue of own producers. tion of domestic producers. Fallacy No. 4: Because our fuels are almost This can only be accomplished if Con­ Human Events, for your reading and study: exhausted, we must rely primarily upon rigid gress takes immediate action to provide conservation. relief to sugar producers in a manner CARTER'S NATIONAL ENERGY PLAN Is FOUNDED Conservation is critical, and in recent years similar to that which other U.S. farmers ON FALLACIES the U.S. has made important progres.s in that enjoy, through Federal crop loans or (By Wllliam Simon) direction. Recent FEA figures show that from purchases. The industry will not be suffi­ "Our National Energy Plan is based on 10 November 1973 to November 1976, energy con­ ciently assisted by the President's pro­ fundamental principles," President Carter sumption dropped by 6 per cent in the indus­ soberly announced. "The first principle is trial sector. Whlle some of that drop may be gram and cannot survive on the hope that we can have an effective and compre­ due to economic conditions, there is also that an international agreement to pro­ hensive energy policy only if the govern­ some evidence that energy/ GNP ratios have tect our producers will be reached some­ ment takes responsibility for it ...." im~roved, indicating significant conservation. time in the future. From that statement onward, it's all been Further pro~ress can and should be made The approach which will save the in­ downhill for the President's proposals. Why? through better home insulation, more effi­ dustry and which has been recommended Fundamentally because the President and cient auto engines and the like. to me by my good friend and colleague his advisers, although acting with the best Conservation alone, however, is only half an answer; the other half must be a deter­ Congressman DE LA GARZA of Texas, intentions, have chosen the worst of the solutions. Instead of relying upon the mined national effort to increase production would add sugar beets and sugarcane to dynamism of a free market and a free people, and accelerate development of new technol­ the list of "designated nonb-asic com­ they have nominated the government as our ogies. modities" in section 201 of the Agricul­ national energy savior. Even Prof. Lawrence Klein, the President's ture Act of 1949. This amendment, if Let's look at 10 basic fallacies that, in my chief economic adviser during the 1976 cam­ adooted, would provide mandatory price judgment, lie at the foundation of this 10- paign, has said that "the energy package is supports to sugar beet and sugarcane part plan. very negative in being so wholly concentrated producers in the same manner as now Fallacy No. 1: The country has no com­ on restricting demand .... It might have prehensive policy for dealing with energy. been better to tailor it more to increasing provided to milk and honey producers. Contrary to the President's frequent as­ supply.'' The amendment will not guarantee sertions, the country has long had a com­ Fallacy No. 5: The President's program producers a profit. It will simply extend prehensive energy policy. It's just been the contains ample incentives for new oil and to more than 15,000 farm families who wrong policy. natural J!aS production. grow sugar crops the treatment given to For more than 20 years the government has By permittin~ higher prices for newly producers of other commodities. It will increasingly tried to regulate the energy in­ obtained oil and natural gas, the NEP does allow sugar producers to regain at least dustry so that prices were artlfically held be­ indeed represent a steo forw.,.rd. But if this the bare · minjmum cost of production low market levels. Consumers, the intended is dereg11latlon, as proposed by candidate beneficiaries, have naturally increased their Carter, then understanding the proposal re­ and helP preserve approximately 27,000 demands, but producers have gradually quires more imagination than I possess. union jobs connected with the sugar curtailed their output. Consider the position of the producers. In industry. Demand for natural gas, the most clearcut the case of "new, new oil," the price is to be In addition to offering economic pro­ example, has risen spectacularly since the raised over three years to the world price tection to farmers, processors, and their Ph1111ps decision of 1954 (legalizing wellhead and thereafter tied to domestic inflation. If 24476 EXTENSIONS OF REMARKS July 21, 1977 the recent past is any guide, however, energy upon individual initiative and private enter­ payer aid to Vietnam or Laos and to production costs will rise more rapidly than prise. We can do it again today if we reject bring new relations with Communist the national inflation rate, so that the gov­ this unhapy vision of America and affirm It ernment will once again be artificially de­ once again our commitment to a free, dy­ countries which are our enemies. was pressing prices. namic wciety. bad enough to upgrade the discharges of In the case of natural gas, the new price On one point, at least, I find myself in the draft dodgers but it should stop proposed by Mr. Carter is still below the agreement with the National Energy Plan. there. I know most veterans feel the s·ame market price and the price controls he wants The President has predicted a calamity in way. Forgive, maybe but forget, never. to extend to intrastate n!l.tural gas would energy. By adopting this program, that's Forgive maybe, but reward, never. bring its prices down-and provide a disin­ exactly what we'll get. Having held its silence in the early centive for producers. days of its administration, the Carter Fallacy No. 6: On questions of energy and organization may have developed a game the environment, it is possible to have our plan for new antigun legislation, at a cake and eat it, too. IS THE CARTER ADMINISTRATION . time when all seems quiet in the rank It is misleading for the Administration to PREPARING A MASSIVE ATTACK pretend that our energy goals can be met of the antigunners. In a press conference without some relaxation of overly strict ON GUN OWNERSHIP? conducted in Washington, D.C., July 13, existing environmental and pollution stand­ a pro-second-amendment group, the ards. Citizens Committee for the Right To Stripmining legislation, non-degradation HON. JOHN M. ASHBROOK OF OHIO Keep and Bear Arms cited a White standards for air pollution and a generally House plan to deprive tens of millions activist approach to environmental issues IN THE HOUSE OF REPRESENTATIVES of lawabiding American citizens of their wm all inhibit production of new coal, which Thursday, July 21, 1977 is the keystone of the President's production constitutionally guaranteed right to keep plan. How can industries and utilities be Mr. ASHBROOK. Mr. Speaker, as the and bear arms. expected to switch to coal if they can't burn ranking member of the Judiciary Sub­ The citizens committee unveiled a pro­ it because of pollution restrictions, and committee which considers all gun con­ posed White House antigun policy state­ producers can't produce it because of en­ trol legislation, I have endeavored to ment which it claims was prepared by vironmental restrictions? keep a daily alert to the activities of our the Justice Department and submitted It is clearly necessary to protect the en­ to the White House. Calling for a ban vironment, but it is also imperative to strike adversaries who seek registration and a sensible balance between economic and confiscation of firearms in this country. of so-called Saturday night special environmental tradeoffs. While legislative activity has been dor­ handguns, the document declares war on F allacy No. 7: The President's program will mant for the first 6 months of the 95th private ownership of handguns for per­ introduce greater certainty into energy pro­ Congress; the efforts of our enemies out­ sonal protection. Purchase of more than duction. side the Congress have been frantic. The two handguns in a year, and more than In view of the regulatory explosion of the one handgun in a month by a single in­ past decade, this claim is batHing. By defini­ White House is a key target where my information points to an all out effort dividual would be outlawed. It would tion, more bureaucracy means more uncer­ prohibit the use of sporting guns ex­ tainty. In just three years' time, the FEA to win support of President Carter and has tied producers and consumers in knots. Attorney General Bell for antigun meas­ cept under very limited conditions. Citi­ They can never be certain what they can do ures. zens would be forced to submit their names to a data bank in a forced gun and what they can't. The petroleum industry The Civic Disarmament Committee already must file about 600,000 forms a year registration program. with the FEA. !for Handgun Control, one of the front That the Carter administration would Fallacy No. 8: The President's program :groups for antigun legislation, had an harbor this antigun attitude is of no sur­ will be equitable to consumers. interesting item in its June-July news­ prise. Morris Dees, Mr. Carter's chief po­ Where is the equity in a program in which :letter. That liberal group noted that its litical fund raiser, was the chief orga­ consumers of heating oil get rebates but :ally, the National Council to Control nizer of the National Gun Control Cen­ other home owners do not? Where consumers Handguns-NCCH-has, listen to this: of natural gas continue to receive govern­ ter, a vocal antigun group. Gun owners Lobbied strenuously, have established very remember well the threat issued last mental subsidies but electricity users do not? good relations with the Carter Administra­ Where larger industrial users of gas and oil tion and expect the Administration to come year by chief Carter adviser Hamilton are heavily taxed but small firms are not? out with strong handgun recommendations Jordan, who said, "Carter will really go And where industries and utilities pay widely sometime in July. on gun control and really be tough. different taxes depending on how well they We're going to get those bastards". fare in extracting exemp·tions, exceptions I attended a press conference of NCCH The great surprise is the fact that Mr. and special permissions from a GS-15 in :on the hill a few months ago and they Carter would maintain this unfavorable Washington? are aggressively on the attack. The Na­ policy in light of the public's attitudes Moreover, the Administration has signified tional Mayors Conference recently had a that it intends to put the $70 billion or more favoring handgun ownership. In a na­ of rebates to other purposes-perhaps to pay symposium in Washington on the ex­ tionwide survey by "Decision Making In­ for welfare reform, tax reform, or just to clusive subject of gun control. It was formation," an independent research balance the budget. It would be more honest conducted during the time the House of organization, 85 percent of those sur­ if it admitted this could be the biggest tax Representatives was in session and while veyed voiced support for their right to increase in U.S. history. I could not attend that meeting, I had own guns. The public has spoken loudly Fallacy No. 9: Adoption of the Carter plan a staff member sit in on their entire ses­ in favor of private ownership of hand­ will have only minor economic impact. There sion. As you know, that group is domi­ is a gathering consensus that the NEP would guns. Why not follow their wishes, Mr. mean higher inflation, lower productivtiy, a nated by the big city, liberal mayors and Carter? cutback in energy usage and more stagflation. the small city mayors who generally sup­ Indeed, those who have recognized the simi­ port our position, are shunted aside. larities between the recommendations of the From every strategic base I have JAWORSKI TO SERVE AS SPECIAL NEP and a Ford Foundation study earlier In checked, the informaltion assembled is COUNSEL the '70s think that the NEP will inevitably the same. The focal point is the Carter bring the same result envisioned by the Ford administration. Hold up the congres­ J. Foundation study: an era of "no growth." sional campaign until Mr. Carter signals HON. HENRY NOWAK Fallacy No. 10: The free market cannot be OF NEW YORK full speed ahead. expected to overcome the energy crisis. IN THE HOUSE OF REPRESENTATIVES Of all the mistaken notions underlying the We saw how important the Carter in­ President's program, none is more egregious fluence is to public opinion on issue after Thursday, July 21, 1977 than this one, for it assumes that our coun­ issue in past months so we cannot sit Mr. NOWAK. Mr. Speaker, it is very try no longer has the ingenuity or the dyna­ back on this one. Aid to Communists, up­ gratifying to learn that Leon Jaworski mism to worlt its way out of crisis. This grading discharges of draft dodgers view, timid and cramped, is fair neither to will be serving on the House Committee our past nor our future. and deserters, the list could go on and on. on Standards of Official Conduct as spe­ Our recovery from the whale oil crisis a The draft dodger and deserter issue cial counsel for the South Korean lobby­ century ago and breakthroughs in electricity is a travesty. Mr. Carter repeatedly says ing investigation. and then in petroleum are striking examples "Let us put the past behind us." He His integrity, impartiality, and intelli­ of what the U.S. can accomplish in relying then uses that pretext to suggest tax-· gence were demonstrated vividly in his July 21, 1977 EXTENSIONS OF REMARKS 24477 role as Watergate Special Prosecutor, geles. He would seek ways to have the Fed­ ural gas reserves. Shallow oil and gas and those qualities should bring new im­ eral Government assume responsibility for were originally discovered in the county more of the poorhouse costs that weigh upon petus to the House inquiry into charges these citie.:;. He would struggle urgently to during the wildcatter era 1920-30, at of Korean influence-buying. create the proposed national youth service depths ranging from 1,500 to 3,000 feet. It is unfortunate-but true-that as corps and also programs for massive neigh­ Many such 50-year-old fields are sign­ long as these individual allegations are borhood rehabilitation, vocational training posts to deeper deposits. unresolved, a cloud of suspicion hangs and job-placement services. (And as James In the wartime 1940's and the fuel­ over the entire Congress. Public confi­ Wieghart observed in yesterday's Daily News, hungry expanding economy of the early dence must be regained by a vigorous, a President seeking to keep in touch with 1950's, deeper, more expensive horizons the American people would do better one thorough investigation, followed by legal week after the blackout to visit Brooklyn were penetrated in the 8,500-foot range. or in-house action in appropriate cases. than the home of a fertilizer manufacturer In the mid-1950's, price controls on nat­ The stringent Code of Ethics adopted in Yazoo City, Miss.) ural gas stifled exploration. Drilling ac­ by the House this year should deter fu­ Understandably, this was the year in which tivities declinzd and the United States ture incidents like the ones connected President Carter intended to sacrifice almost began to draw down existing reserves, a with the South Koreans, but we must everything else for the design and adoption process that was ultimately to lead to the clear up these pending charges and con­ of a sound national energy policy. When he energy crisis. heard about a power failure, 1Jt was his energy Decontrolled intrastate gas prices led centrate on our legislative duties. Leon program that he thought of first. So much Jaworski can provide the necessary com­ depends on it, that the program rightly to a revival of exploratory activities in petent staff direction for the job. claims his highest priority. But a President Freestone County in the early 1970's. Six so shrewd at recognizing political opportu­ new deep gas reservoirs were discovered nity, and so in need of a memorable social in the county at depths of approximately WHAT NEW YORK CAN DO FOR program as well, might also seize upon the 13,000 feet, and activ•z exploration and MR. CARTER New York experience to ask whether welfare development drilling is underway. The reform must really wait four years more, to six fields have proved reserves of 350 bil­ ask whether job-creation and city rebuilding lion cubic feet, with an estimated re­ HON. JONATHAN B. BINGHAM must really remain in the category of pri,mi­ serve potential in the area of 3 TCF. OF NEW YORK tive and experimental Federal programs. A lack of money can be a pretext for inac­ This historical development confirms IN THE HOUSE OF REPRESENTATIVES tion but not a reason. The causes that Ameri­ what the latest MOPPS study postulates: Thursday, July 21, 1977 cans embrace in common can be afforded Decontrolled gas prices will provide sub­ and enacted, whether they are called national stantial new gas reserves in the United Mr. BINGHAM. Mr. Speaker, up to security or unemployment insurance. The States. now no action or statement by President need in our cities is for both defense of the Carter or his administration on the sub­ society and insurance against the unemploy­ ject of what happened during New York able underclass. That is not a noble way of LIKE IT OR NOT, IT IS THE PLUTO­ City's blackout last week has revealed defining our most urgent human problem, NIUM AGE any degree of the underlying significance but anything would do for a President who cares to learn and then sets out to teach us of those events. to care. HON. OLIN E. TEAGUE Last Tuesday, July 19, the New York It has been estimated that a National Times in its lead editorial, made a wise Youth Service Corps to enlist the energies of OF TEXAS and compassionate statement on the sub­ the idle in social reconstruction and personal IN THE HOUSE OF REPRESENTATIVES ject. I hope President Carter has read rehabilitation might cost $15 billion. The Thursday, July 21, 1977 and pondered this editorial or that, if large-sr.ale Federal assumption of more wel­ not, he will do so. fare costs might cost $5 billion. Call these Mr. TEAGUE. Mr. Speaker, in review­ figures conservative. Imagine an effort that The editorial follows: ing the ERDA authorization bill for fiscal might cost $30 billion. What price millions year 1978, H.R. 6796, and the issues sur­ WHAT NEW YORK CAN Do FOR MR. CARTER of our fellow citizens properly motivated, rounding breeder technology, our com­ With misleading solemnity and precision, educated and relocated in jobs? What price President Carter made a place for himself conquest of a social disease? What price mittee has become convinced that the in the news of the New York blackout by habLtable cities, with hundreds of billions of nuclear age brings with it proliferation demanding a full report from the Federal dollars worth of housing and transit already risks which can only be successfully dealt Power Commission-in exactly two weeks' in existence, that law abiding citizens can with by international agreements and time. (Nine days remain to deadline.) But find fit places for raising children? The last cooperation. We feel the U.S. policy must that was a press-agent President at work or, President's fear of the swine fiu cost the be to work together with other countries at best, a White House that takes too se­ Treasury a quarter of a billion dollars and and begin to build a framework for co­ riously its press clippings about the Presi­ produced damage claims close to a billion. operation with those countries who share dent's talent as an engineer. Another recent President's payoff to a single What New York can finally do for Mr. lobby of milk producers cost consumers our common interests. Carter is to broaden his sense of the na­ nearly one billion dollars. The direct cost of I am inserting in the RECORD excerpts tional defense and Presidential duty. A the damage done in one night in New York from a thoughtful and most informative President does not worry about generator last week is estimated at a billion, and a bil­ speech made recently by Senator CHURCH nuts and bolts when the social fabric of lion more each year in lost commerce and in which he points out the status of nu­ the nation's largest city is exposed as in­ opportunity and taxes is inevitable if the clear technology today and why we must flammable. A President cannot confine him­ damage to morale and property is not soon continue to grapple with the issue of nu­ self to tension in Korea or negotiation with repaired. clear proliferation rather than deny its Israel when life's losers are rampaging in the But the issue is not what Mr. Carter can streets of America, spreading blight and the do for New York. The crisis exposed so devas­ existence: disease of racism. Nor does he need yet tatingly in our home city is not a special [From the Washington Post, July 1, 1977] another commission to discover that half the product of New York mismanagement or LIKE IT OR NOT, IT Is THE PLUTONIUM AGE black and Hispanic youths in his major cities fiscal legerdemain. It points up a national .(By Senator FRANK CHURCH) are out of work and out of hope and out of danger that threatens dozens of communities, mainstream America. millions of homes and livelihoods. It points Sen. Frank Church (D-Idaho) has become The President prides himself on his knowl­ to a people waiting to be led. a leader of the campaign to build a breeder edge of poverty in the rural South. But reactor on a commercial scale at Clinch he need no longer pretend,· as in his cam­ River, Tenn. President Carter vehemently paign, that this equips him to understand the INCREASING DEPTHS OF WELLS opposes it. The chief reason for canceling the culture of desperation that makes urban cen­ Clinch River project is to slow down the ters unlivable. A President who knows what movement toward commercial use of plu­ he does not know about urban America tonium fuel, from which nuclear weapons would seize on such dramatic opportunities HON. JAMES M. COLLINS can rather easily be made. Sen. Church laid as the New York looting to inform himself OF TEXAS out his dissenting view in a June 18 speech and to rouse a nation. He would meet with IN THE HOUSE OF REPRESENTATIVES in England, from which these excerpts are looters and their victims and find a way taken: to convey their nightmares to the rest of Thursday, July 21, 1977 The question is no longer whether the the land. And he would find ways to lead world should enter the plutonium era; that the nation to take up the burdens that it Mr. COLLINS of Texas. Mr. Speaker, era is upon us now. has unintentionally dumped upon New York Freestone County, Tex., is another ex­ Given this perspective, it is not surprising and Newark, Detroit, St. Louis and Los An- ample of the price responsiveness of nat- that the Carter administration's proposal to 24478 EXTENSIONS OF REMARKS July 21. 1977 guarantee supplies of enriched uranium as a First, fuel reprocessing plants should not I believe that it is in the best interest substitute for the plutonium-fueled breeder be permitted to produce plutonium in pure of our Nation to expand our friendship has fallen on deaf ears. Countries that are form, but should produce only a decon­ now dependent upon one depletable resource, taminated mixture of uranium and pluto­ and alliance, and I am honored to offer oil, controlled by the OPEC cartel, are un­ nium. This so-call "coprocessing" operation congratulations to my fellow country­ likely to opt for a new dependence upon a is technically feasible, and the product, men on the anniversary of Guam's second depletable resource, uranium, con­ though unsuitable for bombs, can readily be eitizenship. Along with their brothers trolled by a different, but also foreign, group fabricated into new fuel elements. and sisters of California's 32d Congres­ of nations. Second, fabrication of plutonium-enriched sional District, I wish the people of It is unrealistic to believe that other fu~l­ fuel should be permitted only at the same Guam congratulations and success in the deficient governments are going to confine well-guarded site as the reprocessing plant, themselves to multibillion-dollar conven­ to minimize the number of places at which years to come. tional reactor programs while relying upon a plutonium is processed and to eliminate un­ future supply of natural uranium that is un­ necessary shipments. sure in quantity and susceptible to drastic Third, before delivering reprocessed fuel, price manipulation. it should be irradiated to around one per THE TRUTH ABOUT THE BLACK It is equally unrealistic, in my judgment, cent of the design burnup. This will make LUNG DISEASE BILL: FAILURE TO to expect fuel-deficient countries to forego the elements so radioactive as to require the READ THIS REPORT COULD BE IN­ the reprocessing of spent fuel rods from their same heavy casks for shipment as are now JURIOUS TO YOUR CONSTITU­ nuclear reactors. Not only can they squeeze used for spent fuel, and will provide the ENCY out an extra 30 per cent in energy by re­ same kind of deterrence to diversion of cycling the rods, but densely populated coun­ reprocessed fuel as we now accept for spent tries like Japan and West Germany see fuel containing plutonium from light water reprocessing as at least a partial answer to reactors. Recent reports indicate that the HON. RONALD A. SARASIN the acute problem of storing radioactive Carter administration is now negotiating OF CONNECTICUT wastes. with the Japanese precisely such an arrange­ IN THE HOUSE OF REPRESENTATIVES One must add to this the fact that the on­ ment to clear the way for them to start op­ coming breeder, whether eventually fueled by erating their reprocessing facility. Thursday, July 21, 1977 some new thorium-based cycle or, as I believe much more likely, by the plutonium-based I do not mean to suggest that what I am Mr. SARASIN. Mr. Speaker, we shall cycle now underway, will require reprocessing proposing is in any way a panacea. Far from undoubtedly have before us some time as an integral part of the cycle. it. I see nothing but agonizing choices ahead. soon in this Chamber the Black Lung So it is not surprising to find experimental Speaking personally, I agree with the ob­ Benefits Reform Act of 1977. Supporters reprocessing plants already operating in servation of Bernard Baruch that the split­ of this bill would have us believe that it France and Great Britain, or to see Japan ting of the atom was the greatest act of pollution in history. I wish, in a way, it had simply "reforms" and improves our insisting on opening its own reprocessing fa­ earlier efforts to provide some relief to cility at Tokai Mura, over which a serious never happened. I would much prefer to trilateral confrontation is now developing. wake up each morning in a world unbur­ the many coal miners who have been Thus, we are left with the unfortunate but dened with nuclear warheads, and free of seriously handicapped by lung damage ineluctable conclusion that the nuclear age, worry about how to contain nuclear wastes suffered from years of inhaling coal dust. in whatever form it takes, brings with it pro­ for 20,000 years. If this were true, I would be urging my liferation risks that we must deal with on an But this is the world as it is, not as we colleagues to support this measure, but international scale. Unilateral acts of abnega­ would wish it to be. The hard truth is that nothing could be further from the truth. tion are unlikely to be emulated. That ls why we are dealing not with a future threat to be What this bill, H.R. 4544, would do is to I oppose the Carter administration's aban­ avoided by timely action but with conditions donment of reprocessing and proposed ter­ that are presently upon us. In designing an set up a special pension fund, in the mination of the U.S. fast-breeder program. effective international system to harness the guise of black lung disease benefits, for Instead of advancing the effective control of energy atom to peaceful uses, the United every individual who worked a certain nuclear-weapons proliferation, our self-Im­ States should take the lead. number of years as a coal miner, regard­ posed denial runs the grave risk of leaving an less of any evidence, medical or other­ international vacuum, which is an invitation wise, of actual disability. to nuclear anarchy. In short, the plutonium The rationale for this incredible prec­ genie is out of the bottle. The better part of TRIBUTE TO GUAM LIBERATION edent is the contention that "everyone wisdom is to recognize this rudimentary DAY truth rather than bemoan it. gets black lung" after a specified time in I, therefore, believe that we have no alter­ the mines. This argument is specifically native but to begin now to build upon the ex­ and convincingly refuted by the follow­ isting international system of safeguards, HON. GLENN M. ANDERSON ing report, issued just last year by the working with the International Atomic En­ OF CALIFORNIA National Academy of Sciences. The glos­ ergy Agency-member countries to devise a IN THE HOUSE OF REPRESENTATIVES sary alone refutes many of the argu­ framework for living with plutonium. The IAEA is perhaps the only international in­ Thursday, July 21, 1977 ments of the supporters of the act, but stitution where the United States and the anyone who votes on the auestion of H.R. Soviet Union find that their interests run Mr. ANDERSON of California. Mr. 4544 in its present form without reading parallel and where they have been able to Speaker, it is with great pleasure that I this report risks casting a highly unin­ work together in relative harmony. join our colleague, and my good friend, formed, expensive and dangerous vote: from Guam, the Honorable ANTONIO The number of nations that are capable of COAL WORKERS' PNEUMOCONIOSIS-MEDICAL supplying nuclear plants and technology on BORJA WoN PAT, in celebrating Guam's CONSIDERATIONS, SOME SOCIAL CONSIDERA- a commercial scale is still small-seven or liberation. TIONS eight. And for the next generation, the num­ GLOSSARY ber of countries in the developing world that Today marks the anniversary of can realistically contempl·ate a sizeable nu­ Guam's liberation from Japanese forces A brief glossary is provided to assist the clear-energy program is limited-not more on July 21, 1944. President Harry S. reader. It is important for the reader to dis­ than 12 to 16. So if we put our mind to it Truman signed into law the Organic Act, tinguish between Coal Workers' Pneumoconi­ and apply ourselves at this still-early stage to Public Law 81-630, on August 1, 1950. osis (CWP), a medical entity, and Black constructing a durable framework for man­ This finally made the nat1ve residents Lung Disease (BLD), a legal entity; and be­ aging the risks inherent in the plutonium tween disability and impairment or dysfunc­ of Guam, American citizens. We salute tion. era, we have a reasonable chance of success. this historic document and the people The elements of an international frame­ CWP denotes a precise clinical entity. CWP work are discernible. They encompass two who implemented the statute so effec­ may be defined as accumulation and reten­ basic principles: first, an international sys­ tively. tion of coal mine dust in lungs, coupled with tem of safeguards and physical security that It is very pleasing to look back at an the tissues' reaction to this dust.1 An appre­ minimizes the risk of diversion of plutonium act of Congress after 27 years of opera­ ciable coal dust burden must be present be­ to weapons purposes. Second, a system that tion and to see that it has worked in a fore any tissue reaction occurs; the merE offers developing countries an assured access positive manner. The approximate 600 presence of dust in the lungs does not con· to enrichment and reprocessing services. stitute pneumoconiosis. This definition oi More specifically, we could advance the Guamanians living in California's Har­ CWP is accepted by the International Labor first objective by adopting the following pro­ bor Area have contributed to the ethnic Organization (ILO) and by most medical posals suggested by Manson Benedict, pro­ diversity there. These individuals have scientists. fessor emeritus of nuclear engineering at the proven themselves to be productive By contrast, Black Lung Disease, as com­ Massachusetts Institute of Technology: American citizens. monly used, is any chronic respiratory dis- July 21, 1977 EXTENSIONS OF REMARKS 24479 ease experienced by a coal miner, including 1971) . PMF is sometimes a misnomer since presence or degree of disabHity (other tests CWP as defined above. It may be non-specific the lesions are not always massive or progres­ are needed for this), but only to determine and pleomorphic. In many instances the sive. In some miners (20 percent to 40 per­ if CWP wa:;; present and might serve as a "blackness" is indistiguishable from that cent) there is progression of category A to B basis for disability. With the passage of the present in the lungs of elderly inhabitants and C (Cochrane et al. 1961). The large Black Lung Benefits Act of 1972, the re­ of industrial cities like Pittsburgh or New fibrous masses may distort or obliterate air­ quirement of an abnormal chest X-ray for York. ways and more importantly, blood vessels, awarding disability was abolished. causing severe functional impairment of the Impairment signifies reduced or defective Functional changes function. In the case of the lung, the im­ heart as well as the lung. Simple CWP may cause minor functional pairment may involve any of the following Diagnosis: Reliance on X-ray processes: ventilation occurring between the impairment (Lyons et al. 1967, Morgan 1972, The diagnosis of CWP is based on a his­ Morgan et al. 1974, Seaton et al. 1972 a and lung and external environment, distribution tory of occupational exposure, X-ray find­ of ventilation within the lung, and exchange b). For example, X-ray categories 2 and 3 ings, in some circumstances, direct examina­ (simple CWP) may be associated with: (a) of gases (oxygen and carbon dioxide) between tion of the lung by surgical biopsy or au­ the lung and circulation. In contrast, dis­ reduction of the maximal ventilatory rates topsy. The radiographic findings are not the subject can achieve owing to narrowing ability denotes incapacity for work or per­ unique to CWP. Similar, occasionally indis­ formance which may be partial or complete. of the airways; (b) abnormalities in the dis­ Disability is determined by complex inter­ tinguishable findings may be seen with tribution of inspired air; (c) slight diminu­ relations among the amount and type of work other occupational diseases, including sili­ tion in the level of oxygen in arterial blood that is attempted, the amount and type of cosis, berylliosis, aluminosis, talc pneumo­ resulting from the uneven distribution of in­ functional impairment that is present, and coniosis, and benign conditions such as sil­ spired air.a the person's perception of discomfort. Dys­ ver polisher's lung and stannosis. None of these functional abnormalities is function, if severe, may be the principal It is estimated that at least 10 to 15 years sufficient to cause disability. They do not im­ cause of disability. Nonetheless, the same of underground mining are required to pro­ pair the miner's capacity for work or reduce level of dysfunction in two persons is not duce CWP. The occurrence of the disease his life expectancy. Indeed, cigarette smoke necessarily accompanied by the same degree after only 8 to 10 years of underground probably causes more functional impairment of disability. For example, ordinarily the loss exposure is exceptional, probably occurring among miners than does exposure to coal of hearing would produce total disability in in less than 1 percent of miners (Gilson mine dust (Kibelstis et al. 1973). In the latter a musician, while barely affecting a proof­ 1968, Lainhart 1969) . If a miner has abnor­ study, the association between smoking and reader, at least as far as earning capacity is mal radiographic findings after working less narrowing of the tracheobronchial tree was concerned. Virtually all cigarette smokers, in­ than 5 years underground, it is unlikely that over five times stronger than that between cluding those who are young adults, have coal mine dust is the cause. exposure to coal mine dust and airway nar­ some functional impairment of the lung, yet The chest X-ray is not a useful means of rowing; the subjects were coal face workers relatively few are disabled. A mild functional assessing the functional status of the lung and surface workers. nor of determining disability. Its value is in respiratory impairment of a coal miner does PMF, especially categories B and C, is like­ not imply inability to work. helping to determine the coal mine dust bur­ den of the lungs, and to provide one of the ly to be associated with serious functional CHAPTER 1 : COAL WORKERS' PNEUMOCONIOSIS essential ingredients for the diagnosis of impairment. In these advanced categories, (CWP) CWP. the work of breathing is considerably in­ This chapter summarizes some relevant The previously described macules are ra­ creased due to airway obstruction (see Ap­ features of CWP, a well studied distinctive dio-opaque, appearing as small rounded pendix, section III.2). In addition, the lung entity. opacities on X-ray. The more dust retained, becomes a less efficient diffusing surface for Classification the greater the number of opacities and, oxygen, and arterial oxygen levels fall sig­ CWP exists in two forms-simple and com­ hence, the more advanced the classification nificantly. A proportion of the pulmonary plicated. Simple CWP is caused by dust of simple CWP. Post-mortem studies have vascular bed is destroyed, pulmonary blood alone, and is recognized by the presence of shown that the coal mine dust content of pressure rises, and the right side of the heart small opacities in the chest X-ray. It is one lung (one side) having a diagnosis of is subjected to increasing stress. Eventually divided into categories 1, 2, and 3 according category 1 (simple CWP) is usually 4 to 8 the right ventricle enlarges and fails. Miners to the extent and profusion of these opaci­ grams, of category 2, 8 to 12 grams, and with categories B and Care commonly short ties. There is a direct relation between the category 3, 10 to 15 grams (Rossiter 1972). of breath on exertion and may even be short coal mine dust content of the lung and radio­ The interpretation of X-rays for diagnos­ of breath at rest. There is no effective treat­ graphic category (Rossiter 1972). According­ ing CWP is acknowledged to be imperfect. ment for PMF, although relief can be pro­ ly, the chest X-ray is the most effective way Observers, upon reexamining the same film, vided for some of the symptoms. of monitoring dust exposure and retention may disagree with their earlier interpreta­ Whereas PMF decreases life-expectancy, occurring over long period of time. tion and propose a different category ("with­ longevity of coal miners is not influenced by The second form of the disease, compli­ in observer variability"). Differences in in­ simple CWP nor by the number of years cated pneumoconiosis or Progressive Massive terpretation among observers are also en­ spent underground. (While the increased Fibrosis (PMF), is recognized by the presence countered ("between observer variability" ) risk of deaths from accidents related to years on X-ray of one or more opacities greater (Peters et al. 1973, Reger and Morgan 1970). spent underground might be expected to re­ than 1 em in diameter. PMF is divided into Moreover, the appearance of the film and its duce longevity, this effect appears to be off­ categories A, B, and C according to the num­ interpretation may be affected by a number set by a lower coronary artery disease and ber and size of these opacities. A fairly heavy of extraneous factors, including: how the lung cancer incidence among coal miners. dust burden plus other unknown factors ap­ X-ray is taken and developed, the girth of (Cochrane 1973, Ortmeyer et el. 1973, Crt­ pear to be necessary antecedents before PMF the subject, and the presence of non-related meyer et al. 1974) . It should be noted, how­ occurs. PMF usually arises from categories diseases. In spite of such limitations, the ever, that this conclusion reached in the Crt­ 2 or 3 of simple CWP. Lee (1971) reported chest film remains the best available index meyer studies cited above was based on data that approximately 2 percent of the cases of of retention of coal mine dust. It is vital to from the larger unionized coal mines, where simple CWP develop PMF annually. Unlike large-scale studies designed to assess the accidents are probably fewer than in smaller, simple CWP, PMF may progress in the ab­ prevalence of CWP. non-unionized mines.) sence of dust exposure, it may also develop With careful training and standardized Prevention after a coal miner has stopped working. X-ray techniques that rely on films of good CWP can be prevented through adequate Pathology quality, it is possible to achieve agreement dust control. Furthermore, if categories 2 and The essential pathological lesion of simple among observers on X-ray categories of sim­ 3 of simple CWP can be prevented, compli­ CWP is the coal macule. Macules develop ple CWP in better than 8 out of 10 films. cated CWP (PMF) should virtually disap­ around the smallest air passages, called re­ With a large mining population that in­ pear. Studies in Great Britain (Rae 1971) spiratory bronchioles, that lead directly into cludes many normal films, the measure of suggest that the present U.S. respirable dust the air spaces or alveoli. When enough coal agreement is usually much higher.2 standard of 2 mg per cubic meter of air es­ dust particles have aggregated around the Dissatisfaction with the X-ray, even dis­ tablished by the Federal Coal Mine Health respiratory bronchioles, the muscle tissue trust, has found expression among coal min­ and Safety Act of 1969 should, if enforced, in the wall of the airway atrophies, the ers and officials of the United Mine Workers lower the incidence of simple CWP to less passages show irregular dilation, and some of America (see Appendix, Section II.5). The than 3 percent in all miners working under­ scarring (fibrosis) may appear (Heppleston charge has been made with justification that ground as long as 35 years. German studies 1963). Involvement of a cluster of bron­ the program of X-raying coal miners is nei­ (Ulmer 1975) show that the long-term risk chioles is often referred to as "focal emphy­ ther uniform nor efficient, and that on occa­ of developing CWP (X-ray category 1 or sema," but unlike the emphysema seen fol­ sion the interpretation of X-ray is biased. Be­ more) at 4 mg of respirable coal dust per lowing cigarette smoking, the focal variety fore 1972, miners whose applications for dis­ cubic meter of air (current German stand­ is not associated with significant functional ability benefits were denied because their ard) is less than 10 percent. The British and impairment. X-rays did not support the diagnosis of CWP German studies employed meticulous tech­ The pathological findings in PMF, the more were frustrated and angered. In a sense, an niques in correlating the progression of X-ray advanced form of CWP, are those of large unfair burden was being placed on the X­ changes with the prevailing dust levels in conglomerate black fibrous masses (Morgan ray. It could not be used to judge either the mines over periods of 15 to 20 years. A sim- 24480 EXTENSIONS OF REMARKS July 21, 1977 ilar study is currently underway in selected tire as mayor Northville, a post he has The year 1952 saw the late Oscar Ham­ U.S. coal mines under the joint sponsor­ held since 1958, capping a 25-year ca­ mond being elected as the American Legion ship of the Public Health Service and the reer in public service. I greet his deci­ commander, renovation of the post office on Mining Enforcement and Safety Administra­ North Center Street, movement toward con­ tion. Some observers (see Appendix, Section sion with sadness, but also the satisfac­ struction of a community building, annexa­ II.5) have criticized this study, questioning tion of seeing a fine man conclude a job tion of more country school districts to the both the validity of the measurements of well done. growing consolidated Northville district. dust le\·els and the objectivity of the medical Because of my deep respect for Mike The new Northville State Hospital was assessments. The criticism appears to have Allen, and to express my personal thanks dedicated that year, Northville joined the some justification. While standardization of for all he has done for his community nation in electing General Dwight D. Eisen­ the techniques of taking and interpreting and State, I would like to acquaint my hower as their new president, and the late X-rays is vital to the study, a deliberate ef­ colleagues with this outstanding citizen. Edward Cardinal Mooney, archbishop, dedi­ fort to achieve this end was started only two cated OLV's new school. years ago and it may still be inadequate.' The following article is reprinted from Besides Allen and Mr. Langfield, other the Northville Record of July 6, 1977. members of the village commission in 1952 Prevalence This article outlines the career and some were John (Jack) Stubenvoll, Gerald Wood­ The National Institute of Occupational of the many accomplishments of Mayor worth, the late Claude N. Ely, and Alton F. Safety and Health (NIOSH) recently com­ Mike. Peters. pleted the first part of an extensive survey The article follows: Allen, who at the time lived at the north­ of working coal miners to determine the prev­ west corner of Main and Griswold, retained MAYOR ALLEN To END POLITICAL CAREER alence of CWP (Morgan et al. 1973). Between his position as superintendent of Rural Hill 1969 and 1971, 9,076 miners from 29 bitu­ He was a 36-year-old businessman in Cemetery and was appointed to the fire com­ minous and 2 anthracite mines were exam­ Northville when at the last minute he de­ mission by Langfield. ined. The overall prevalence of CWP was cided to take a crack at running for public Re-elected to the commission in 1954, this found to be nearly 30 percent; 2.5 percent of office. time to a four-year term, Allen was j-oined by the miners had PMF.G The work force was That decision by A. Malcolm Allen, known new commissioners Earl L. Reed and Ed C. divided into 5 groups according to a declining by friend and foe alike simply as "Mike", Welch. The new president was the late order of dust exposure: face, transportation, proved to be a lasting one. Today, a quarter­ Claude N. Ely, replacing Langfield who de­ maintenance, miscellaneous underground century later, he still holds public office. cided to retire from public office. tasks, and surface. When he steps down as mayor in Novem­ That was the year huge oil reserves were The relation between the prevalence of ber, he will have served longer than any pub­ discovered in the vicinity, when Seven Mile CWP and the geographic regions included in lic official-village, city, township or school­ Road-from Northville Road to Rogers the study is shown in Figure 1. There was a in Northville's 150-year history. Street-was extended, when the average decline in prevalence of CWP from East to Next to Dearborn's Mayor Orville Hubbard, teacher salary was raised to $3,000, when · West, the highest rate being found in Eastern he is acknowledged as the dean of Michigan's construction of the community building be­ anthracite miners. The reasons for these re­ municipal leaders. He is only the second gan, and when construction of Amerman gional differences are not understood. Among mayor to serve in this city's history. Elementary School began. the factors which might be responsible are In the span of those 25 years, Allen has Allen was among those leaders who spear­ undefined regional differences in both chem­ never been seriously challenged for office. He headed the incorporation of Northville as a ical composition and size-distribution of the has been consistently among the election city the following year. coal mine dust. There is no evidence that favorites in the even dozen times he has run In 1958, Allen was appointed mayor of systematic differences in working conditions for office. Northville by fellow council members upon play a role. Allen has been so closely identified with the death of Mayor Ely. Mr. Ely was the last The relation between the prevalence of the progress of this community over the village president and the first city mayor. CWP by region to years of underground ex­ years that the city council has named the At the time of his appointment, Allen had posure is shown in Figure 2. Without excep­ new senior citizens apartment complex, un­ been serving as mayor pro tern of the city­ tion, the prevalence increased with the dura­ der construction here now on Northville's the senior member of the council, having tion of exposure to coal mine dust. historic Buchner Hill, in his honor. led the ticket in each of his three elections. The most striking implication of the study That facUlty is expected to open about the time Allen officially steps down as mayor. Thus, at the age of 43, he began the job he is that controlling the respirable dust levels has held ever since. is the most effective means of reducing the In March of 1952 when Allen decided to run for an unexpired two-year term on the The Record, at the time of his appoint­ incidence of CWP. ment, called him "a self-made businessman". The relation between job category and pre­ then village commission, Northville was faced with a dying downtown section, pri­ Owner of Allen Monument Works, he had dilection for CWP is shown in Figure 3. The started learning his trade in Flint in 1932. prevalence of CWP was highest among work­ marily, studies showed at the time, because of inadequate parking acc;)mmodations. He launched his business here in 1935, buy­ ers at the face and least among those at the ing an interest in the Milford Granite Works surface. Many of the miners in the category That issue-off-street parking-became Allen's battle cry, and he has continued to the same year. of miscellaneous underground tasks had By 1958 he also owned Travers and Allen duties involving work at the face which may champion that issue throughout his 25 years of service. It won him friends and enemies monument sales firm north of Flint. account for their high rate of disease. As mayor, Allen began serving on the Finally, the relations between X-ray cate­ as he led the efforts to acquire all of the property for today's municipally-owned park­ Wayne County Board of Supervisors-a posi­ gory, age, and years spent underground are tion he held for years before it was reor­ shown in Table 1. ing facilities. The late Conrad Langfield was president of ganized as the present Wayne County Board the village when Allen first ran for office. of Commissioners. MAYOR "MIKE" OF NORTHVILLE Mary Alexander was clerk, A. Russell During his long tenure on the village com­ Clarke was treasurer, James Little was at­ mission and city council and then, since 1958, torney, Joseph Denton was police chief, as mayor of the city, he has been directly HON. CARL D. PURSELL William McGee was fire chief, Herman "Bud" involved in most of the changes that have Hartner was superintendent of public works occurred here-ranging from city incorpora­ OF MICHIGAN and water commission, Dr. George Chabut tion and annexation of properties on the IN THE HOUSE OF REPRESENTATIVES was health commissioner, and Stanley north side of Base Line to construction of Waterloo was the building inspector. today's city hall. Thursday, July 21, 1977 Russell Amerman was superintendent of His efforts, in many cases, were not with­ schools, and Mollie Lawrence was township out controversy. But despite the sometimes Mr. PURSELL. Mr. Speaker, there are supervisor. heated public resentment, he somehow has many levels of public service, and many As a village, Northville was still part of maintained a friendly relationship with even public officials who have served their the township. As such, its citizens elected those who disliked his actions most. communities with dedication and dis­ their own municipal leaders and, together Perhaps more than any other, he is either tinction. But there are some individuals with the remainder of the township, elected directly or indirectly responsible for- who have exceeded the superlatives like township board members as well. Acquisition of property from Wayne outstanding and dedicated. In this su­ Although he mounted no rigorous cam­ County the land at the curve of East Main paign-a characteristic of all of his election Street at Cady, which was used in oart for perior order of public officials I rank the bids, Allen easily won his seat on the com­ private industrial development. - Mayor of Northville, Mich., Mayor A. mission, defeating Levi M. Eaton by a vote Acquisition from Wayne Couny the prop­ Malcolm "Mike" Allen. Mayor Mike is of 226 to 118. Eaton had been appointed erty near the Northville Spring, known as the one one of my oldest friends, and his wis­ earlier to fill the seat of George Locke who Jaycee Park. dom and personal character make him moved to Marquette. Acquisition from Way-ne County property one of the people I most respect. Also newly-elected in that race was Ed­ at the corner of River Street and Seven Mile Mayor Mike Allen has decided to re- ward M. Bogart, assessor. to facilitate expansion of Northville Downs. July 21, 1977 EXTENSIONS OF REMARKS 24481 Transfer of Center Street jurisdiction from greeted last New Year's headlines with some that "cheap foreign crude" which was sup­ Wayne County to the city. bewilderment. For it was on New Year's Eve posed to serve as an artificial resource base Acquisition of land off Gerald Avenue for tha.t Gerald Ford came off the Vail slopes for a century of economic growth in plastics a landfill and later for development of the and proposed Puerto Rican statehood. Were and textiles. Department of Public Works center. we really offering this Caribbean common­ But, the OPEC price surge staggered the Spearhe::tding installation of major sewer wealth a place in the Union, a star on our petrochemical industry. Imported food prices and water lines through Northville by the flag? Then Jimmy Carter returned the Puerto soared. The construction industry collapsed, county and Detroit, and acquisition of a well Rican status issue to its long-held spot in and the jittery bond market downrated Puer­ site on Novi Road which later was sold for oblivion. Congress should take no action, to Rican notes to prevent a "New York situa­ private development and establishment of said Carter, "until the Puerto Rican people tion." Reeling under the simultaneous infla­ park lands. express a preference"-to remain a common­ tion and recession, Puerto Rico suddenly lost Development of Joe Denton Park, the Fish wealth, join the Union as a state, or become its attractiveness for new American invest­ Hatchery Park, and park lands and open an independent republic. Now this was more ment. Two years ago, the Popular Democratic space in the Maplewood area and elsewhere like it: Puerto Ricans have been arguing administration of Governor Rafael Hernan­ in the city. their island's political status preference ever dez Colon braked the economy sharply to Locating of Anger Manufacturing in North­ since the U.S. Army invaded in 1898. Seventy­ restore investor confidence. The austerity ville. nine years later they have still come to no measures, including new taxes, government Paving of Randolph Street. conclusion and under the Carter plan they cutbacks, and a wage freeze in the public Property acquisition and development of will undoubtedly be debating the issue 79 sector, spawned massive labor unrest, send­ Northville Square. years from now. ing rank and file workers straight to the Establishment of sites for Kroger and Ford's apres-ski remarks coincided with arms of Mr. Romero and his New Progressives. Chath3.m stores. the advent in San Juan of a pro-statehood Today the slump remains intractable. Fully Acquisition of properties for the exten­ administration under the New Progressive half the 3.7 million natives are calculated as sion of Griswold Street. party of Governor Carlos Romero Barcelo. living below the federal poverty line. Two Development of the Eight Mile and Seven His election marks the first time in Puerto thirds of the island's families subsist on fed­ Mile cutoffs through Northville. Rican history thwt the statehood forces­ erally supplied food stamps, a $593 million The razing of unsightly buildings in the allied with the mainland's Republicans--won annual transfusion from Washington, which, alleys of the Central Business District. an electoral majority against the Popular as former Governor Luis Ferre told me Maintenance, enlargement and improve­ Democrats, counterpart of the mainland "saved the island from complete economi~ collapse." Government economists estimate ment of Rural Hill Cemetery and construc­ Democrats. The lameduck President's state­ men-t paid a political debt-the Puerto Rican that 40 percent of the labor force may be tion of the new cemetery drive bridge. out of work. But the despair of ordinary And construction of the city hall, Scout delegates to the Republican national con­ Puerto Ricans is best demonstrated not by Building, the DPW •.sarages and office, vention had delivered their four votes to Ford the statistics, but by the very fact that they and the senior citizens apartment complex in expectation of his backing statehood. But, have turned, at the bottom of this depres­ that bears his name. Ford spoke before consulting a single Puerto sion, to-of all people-the Republicans. Rican, and no one in Congress took his state­ Governor Romero, formerly the mayor of ment the least bit seriously. And though Ford San Juan, is the man generally credited with may have intended to assist statehood forces, having convinced the Nixon administration THE 25TH ANNIVERSARY OF THE actually he embarrassed and irritated the to extend the food stamp program to Puerto COMMONWEALTH OF PUERTO RICO new Puerto Rican administration. Romero Rico. He made this accomplishment a had campaigned on a pledge to strenuously centerpiece of his election campaign, and he avoid the status issue until he could improve argued that he could pull off the same feat HON. AL ULLMAN the horrendous economic conditions prevail­ with other US social programs. The new ing on the island for the past four years. governor promises more federal public works OF OREGON Until 1973, Puerto Rico was a model of funds, countercyclical federal stimulus, IN THE HOUSE OF REPRESENTATIVES Caribbean progress. The island's industrial­ federal housing programs, federal grants, ization program, known as Operation Boot­ Thursday, July 21, 1977 stamps and increased unemployment com­ strap, dates from the postwar era when the pensation. In essence, the governor's eco­ Mr. ULLMAN. Mr. Speaker, on July father of modern Puerto Rico, four-term nomic recovery program is based on the very 25, 1977, the people of Puerto Rico will Governor Luis-Munoz Marin, began luring un-Republican theory that federal spending American corporations to the island. At that is the best bootstrap for Puerto Rico. be celebrating the 25th anniversary of time, rapid modernization seemed the only the establishment of Commonwealth way to save Puerto Rico from the curses of The new administration's economics have status. high population, a plantation agricultural a direct connection to its statehood ambi­ The relationship between Puerto Rico system and its d·espairing colonial mentality. tions. In the most recent island plebiscite and the United States, based upon the In two decades, Operation Bootstrap trans­ on status, in 1967, 60 percent of the elec­ formed Puerto Rico from the poorhouse of torate favored the present commonwealth principles of interdependence and free arrangement and only 39 percent favored association, has been a fruitful one, and the Caribbean to "a showcase of democratic statehood; the independence movement the people of Puerto Rico can be proud development.'' Few Puerto Ricans seriously question the boycotted the plebiscite. Governor Romero of their achievements. material benefits the island has gained from signaled his strategy in a book entitled Since 1950, GNP has increased from its postcolonial economic association with Statehood is for the Poor. As former Gov­ $755 million to $7.7 billion; life expect­ the mainland. GNP has increased from $755 ernor Ferre puts it, "Once Puerto Ricans ancy has risen from 46 to 68 years. Per million in 1950 to $7.7 billion last year. Life are getting food stamps, social security, fed­ capita income is $2,000, and 90 percent expectancy has risen from 46 to 68 years in erally guaranteed home mortgages, and un­ the same period, and 90 percent of the popu­ employment benefits, statehood becomes in­ of the population of Puerto Rico is evitable. To become independent under literate. lation is literate. Per capita income is $2000, far above any Latin nation, though only two­ those circumstances would be a return to Although the island's industrializa­ thirds of Mississippi's average income. the beautiful era of the Indians." Washing­ tion program has undergone a tern­ More than 2000 American companies have ton's financial support of Puerto Rico, ex­ porary setback since the shock of the hustled south to take advantage of Opera­ clusive of defense costs, now amounts to two 1973 oil price increase, and Puerto Rico tion Bootstrap's corporate tax exemptions billion dollars a year. Before calling for a continues to st:mggle against combined and the seemingly limitless supply of willing new status plebiscite the Romero adminis­ factory hands. Pharmaceutical companies tration hopes to double that aid over the inflationary and recessionary pressures, next Tour years. Ironically, the American the concept of the Commonwealth form have moved to Puerto Rico in such great numbers that islanders often refer to their subsidy of Puerto Rico far outdoes Russia's of government has withstood the test of native land as "the pill capital of the world." one million-dollar-a-day support of Cuba­ time, and the United States will con­ Furthermore, a booming construction indus­ and one certainly doesn't hear the Cubans tinue to look upon Puerto Rico as a close try has blanketed the island with housing threatening independence from the Soviets. partner, friend and neighbor. developments and condominiums; the bond Nevertheless, this "locking-in" strategy by I would like to share with my col­ market has buzzed with Puerto Rican issues no means guarantees a pro-statehood leagues an article by Jonathan Evan as the commonwealth built an infrastructure majority at the next plebiscite. Although Maslow which appeared recently in the of roads, docks, water and power facilities Puerto Rican political alignments have gen­ New Republic: to service the industrial sector. A billion dol­ erally followed the status question, islanders lars worth of American food products are readily abandon status politics when it's in [From the New Republic, July 2, 1977] imported annually, along with enough auto­ their economic interest to do so. The state­ PUERTO RICO, THE 51ST STATE? mobiles and television sets to satisfy a vora­ hood movement, in fact, gained its first ad­ Americans who only read of Puerto Rico cious internal consumer market; and-at herents shortly after the American invasion in travel brochures- or when a terrorist least through 1973-a three-billion-dollar when local anarcho-syndicalists promoted bomb shatters skyscraper glass--must have petrochemical industry was all set to refine entrance into the Union as a means of 24482 EXTENSIONS OF REMARKS July 21, 1977 winning the eight-hour day. The independ­ provide jobs for these people. As Teodoro I will gladly stand corrected. If not, I ence movement, on the other hand, has Moscoso, Bootstrap's director for 25 years, hope that the leadership will take prompt never had a credible economic program and frankly admits: "There's just no way. The corrective action. has never won more than 10 percent of the unemployed of 20 years from now were born vote. Traditionally, advocating independ­ yesterday." Moscoso not long ago outraged The resolution adds a new rule XLVIII ence for Puerto Rico was a parlor game for the island's Catholic majority by publicly to the current rules of the House. Clauses the island's intellectual elite. In the '30's, suggesting that birth control pills be poured 6 and 7 of the new rule deal with disclo­ the pro-independence Nationalists wore into the water supply. He retired from office sure and control of classified information. black shirts and borrowed a strange semi­ shortly thereafter. Clause 6 allows the committee to pre­ mystical ideology from the Irish Republicans Governor Romero has assumed the post of vent the disclosure of information which and the Spanish Falangists. The '60's wed Operation Bootstrap's chief critic, but his violates the privacy or constitutional the independence and student antiwar designs on the US Treasury do not assure a rights of individuals. This concern for movements, but their neo-Cuban socialism revived economy. For one thing, Congress lacked any .appeal whatsoever for the Puerto may tire of the costly pump-priming opera­ individual rights is well taken. However, Rican masses, and the movement soon frag­ tion. Last year, Representative Albert Quie on its face the resolution does not make mented. Extremist remnants such as the (R, Minn.) introduced legislation to make any comparable provisions for the con­ FALN are now "carrying the struggle" to Puerto Ricans pay Federal income taxes like trol of information, based solely on secu­ the mainland with their pipe bombs. ordinary Americans (under the Common­ rity classification and considerations of The Popular Democrats were the first party wealth compact, Puerto Ricans escape the na tiona! security. to declare explicitly that a social-economic 1040). The Quie legislation was roundly de­ Clauses 7(a) and 7(b) establish a pro­ program took precedence over the long and feated by congressional liberals. But with stultifying status debate. Accordingly, Luis Republicans now in power in San Juan, cedure where the committee may disclose Munoz Marin created the Commonwealth as mainland liberals will be under pressure publicly any information in its posses­ a means of industrializing the economy and from island Democrats to thwart Governor sion. Allowance is made for objection by raising living standards. Only in the past 10 Romero's efforts to achieve statehood by the President, and for the committee, years since Munoz's retirement has the Com­ maximizing dependency on Washington. subsequent to and not withstanding the monwealth been thought of as a permanent Statehood is also made a doubtful pros­ objections of the President, to vote to status option. But by this time common­ pect by Puerto Rico's connection to Amer­ recommend that the issue of disclosure wealth status is strongly identified with ican multinationals. US corporations have be considered in a closed session of the Bootstrap economics and this relationship provided 150,000 new jobs for Puerto Rico, House. was a major reason for the Popular Party's but they are there because Puerto Rico is debacle at the polls last November. neither a country nor a state. Independ­ Clauses 7(c) (1) and 7(c) (2) appear to Puerto Ricans now criticize Operation ence would place Puerto Rico outside the direct the committee to disclose infor­ Bootstrap on two counts. Complete depend­ American tariff, making it unprofitable for mation in its possession to other Mem­ ence on investment and imports from the US companies to carry on their export manu­ bers and committees of the House, under mainland have left Puerto Rico highly vul­ facturing. Statehood would render the is­ regulations which the committee shall nerable to the US business cycle, and created lands corporate tax exemption illegal. So prescribe. Clauses 7(d) and 7(e) provide a pseudo-American lifestyle centering around both status options are seen as precipitating th!.it the Committee on Standards of the automobile, the ranch house, the ham­ a devastating flight of American capital. The burger, and, of course, television. Little pub­ presence of five billion dollars in American Official Conduct shall investigate, and lic or private capital has been employed to fixed investment favors the status quo Puerto report on, unauthorized disclosure of modernize farming. As Governor Romero pro­ Ricans cannot afford to throw the Yankees intelligence or intelligence-related in­ tested in his first State of the Common­ out, but neither can they afford to become formation. wealth address: "While we import most of Yankees.-Jonathan Evan Maslow. However, the Catch 22 in these pro­ our food, most of our land is cultivated in­ visions is that they apply only to infor­ efficiently or lies abandoned." Dependence on the mainland has also left mation which is classified and which the ccmmi ttee has determined shall not be the island without an indigenous entrepre­ INTELLIGENCE COMMITTEE HAS neurial class, so crucial to the success of in­ disclosed under paragraph (b) (2) of dustrial revolutions in underdeveloped lands. A SECURITY LAPSE clause 7. Local capital formation is practically non· Clause 7(b) (2) is an integral part of existent and Puerto Ricans are far more the procedure whereby the committee likely to put their money into real estate HON. DAVID C. TREEN may disclose publicly any information in speculation or bank it abroad. In addition, OF LOUISIANA the Commonwealth has never required its possession, allowing for the objec­ American companies to train Puerto Ricans IN THE HOUSE OF REPRESENTATIVES tions of the President, and action by the to improve their lot in the industrialized Thursday, July 21, 1977 committee and the House, in spite of economy. In the studies made prior to the those objections. Clause 7(b) (2) pro­ Mr. TREEN. Mr. Speaker, last Thurs­ Commonwealth's purchase of the Puerto vides: day the House passed House Resolution Rican Telephone Company in 1974 it came The select committee may disclose pub­ to light that after 60 years of operation on 658, which established a permanent licly such information after the expiration the island, ITT's subsidiary was still run by Select Committee on Intelligence. Based of a five-day period following the day on an all-white, all-male, continental manage­ on our recent experience with another which notice of such vote is transmitted to ment team. Not a single Puerto Rican had House Select Committe on Intelligence, the President, unless, prior to the expiration ever held a top executive position. the success or failure of this new com­ of such five-day period, the President, per­ The island might still have survived the mittee may well depend on the ability sonally in writing, notifies the committee recession had it not been for Operation Boot­ that he objects to the disclosure of such strap's second and grosser failure--the failure of the committee and its members to implement effective and workable pro­ information, provides his reasons therefor, to resolve the island's profound population ancJ. certifies that the threat to the national problem. Even in the heyday of economic cedures for the control of classified interest of the United States posed by such growth Puerto Rico exported surplus popula­ information. disclosure is of such gravity that it out­ tion at a frightening rate. Two million Puerto The provisions of House Resolution 658 weighs any public interest in the disclosure. Ricans presently live on the mainland, but seem to me to be completely inadequate even so the island's population density is in this regard. During debate, specific In other words, the only explicit pro­ 925 people per square mile, higher than questions were raised with regard to vision in the resolution for making India's. Until the onset of recession, the classified information held by the com­ mainland barrios served as a spillover for several provisions of the resolution which Puerto Rican migrants. Now, however, the deal with disclosure and control. The mittee available to other Members and mainland recession has reversed the flow of answers of the gentleman from Missouri, committees applies only to information migration back to the island. Last year, the manager of the resolution, and of the where the President has objected to Puerto Ricans streaming homeward ac­ majority leader, were unresponsive and public disclosure, under procedures counted for a two percent population in­ revealed their apparent uncertainty over which were designed to deal with extra­ crease. The great tragedy is that prodigal these provisions. ordinary questions of public disclosure, Puerto Ricans find themselves as redundant and which have no logical or necessary in San Juan and Ponce as they are in New Even though the resolution has been York and Chicago. Worse, the world recession passed, I think it is important, as a mat­ relationship to the question of disclosure has driven a wave of legal and illegal Latin ter of public record, to inform the Mem­ to other Members and committees. aliens to Puerto Rico-140,000 in the last bers of the House of these apparent Similarly, the authority given to the three years. Operation Bootstrap simply can't defects. If my interpretation is incorrect. Committee on Standards of Official July 21, 1977 EXTENSIONS OF REMARKS 24483 Conduct, under clauses 7(d) and 7(e) of on the basis of a careful reading, House vent. The controls are profuse and are in­ the new rule, to investigate unauthor­ Resolution 658 does not provide one. separably entwined through our entire ized disclosure of classified information, fabric. is limited to classified information which Some regulation would be expected in GOVERNMENT AND EDUCATION quality preparation. No one could oppose has been subject to the procedures for adequate wages for personnel, good working public disclosure, and Presidential ob­ conditions, financial aid for the indigent, or jection, in clause 7 (a) (2) . HON. 80 GINN the goal of equal access for all to quality The resolution makes no explicit pro­ OF GEORGIA education at reasonable cost. But should the vision for the committee to disclose, or main direction of regulation encompass only decline to disclose, other classified in­ IN THE HOUSE OF REPRESENTATIVES students and employed personnel? As the formation in its possession which has Thursday, July 21, 1977 organization which provides education, it seems our needs have been largely getting not been subject to the clause 7 (b) (2) Mr. GINN. Mr. Speaker, Dr. Rufus c. lip service, where in many instances support procedure. Harris, internationally acclaimed edu­ was promised in full. Of course the House operates under cator and President of Mercer University It seems difficult to understand how polit­ other rules and laws which relate to the in Macon, Ga., recently presented a most ical agencies can regulate so much of the disclosure of information. House rule XI eloquent statement to his board of trust­ college endeavor when they are not charged (2) (e) (2), which the resolution applies ees regarding Government regulation of with the financial responsibility of them. In another year or so, it may be too late to get to the select committee, provides in part private colleges. He points out that the out from under this blanket of bureaucracy. that: private college in America should be in­ But it will not go away by itself. We need All committee hearings, records, data, cluded on the endangered species list as muscle behind our objections. We need to charts, and files . . . shall be the property of a result of the onslaught of regulations make them known in every way we can. In the House and all Members of the House and guidelines. the guise of assisting the colleges, in many shall have access thereto, except that in the Dr. Harris makes his point more ef­ instances what HEW is obviously attempting case of records in the Committee on Stand­ fectively than I could ever relate it to to determine is the admitting practice of ards of Official Conduct.... the colleges and whether their practices are the House, and I insert his statement in discriminatory. We should become weary of During debate, it was asked to what the RECORD at this point: reaffirming over and over and over again extent this rule would be modified by the GOVERNMENT AND EDUCATION that we voluntarily desegregated this col­ provisions of House Resolution 658. The Telling administrative officers of colleges lege. majority leader replied-H. 7116-that and universities that they are operating in "Discriminate" means more than acting on the committee would be able to establish a quagmire of government regulation and the basis of prejudice. It also means the procedures for the control of "classified interference is hardly big news to them. ability to make a clear distinction, and in information." Similarly, the committee The professional journals and conferences, modern education that distinction must re­ report (95-498) on House Resolution 658 their mail, their daily routine all overflow main in the hands of those best qualified to with tidal waves of activities, regulations do so. We understand that some advice is states on page 3 : and legislation that threaten to wash away needed and can be helpful, but we are pro­ The committee would be required to pre­ our freedom. On all sides, we are being told ceeding beyond the point of no return. It scribe regulations to protect the confidenti­ that the sophisticated, experienced admin­ would be unfortunate if we should become ality of any information which may be istrator must recognize that increasing con­ so inured that we become passive, accepting made available to any other committee or trol is inevitable; that we must learn to swim control as inevitable without objection or any Member of the House. The Committee on or sink. We are no longer asked if we can resistance. If the public is not aware of the Standards of Official Conduct would inves­ cope with the regulatory environment. We cos.t or conseauences, it is time we made ev­ tigate and report to the House any unau­ are told we must. eryone aware .. By speaking out-and loudly­ thorized disclosure of intelligence informa­ It seems time to ask, it is regulation or now, we may not change the past, but hope­ tion by a Member, officer, or employee. strangulation? The private college, as we fully we may slow down some con trois in the However, the resolution extends the know it today is an endangered species, due future. authority of the committee, and of the to overdoses of regulation and guidelines. We are suffering through a most dangerous crisis. Committee on Standards of Official Con­ Businesses bigger than colleges have crum­ SUPPORT OF PASSIVE RESTRAINTS duct, only to information which has bled when decisions that affect solvency are IN NEW CARS been classified, and which has been sub­ made by bodies that bear little if any of the jected to the procedures in clause 7(b) financial responsibility. (2). All other classified information in Every area of college management and op­ HON. ROMANO L. MAZZOLI the possession of the committee would eration today is influenced in some measure OF KENTUCKY by government regulations pending or in be available to any Member of the HousP IN THE HOUSE OF REPRESENTATIVES under rule XH2) (e) (2). effect. Our practices of employing or dis­ charging personnel from the lowest to the Thursday, July 21, 1977 Current security regulations are estab­ highest ones; paying them; how we release lished by Executive order, and do not ap­ them or pay them, are now controlled. Per­ Mr. MAZZOLI. Mr. Speaker, I want to ply to the Members or staff of the Con­ mits and licenses must cover everything. go on record strongly in support of our gress. The only restraints on the Mem­ Our premises are subject to inspection from former House colleague Secretary Brock bers and staff of the Congress are limited agencies that govern the ways we dispose of Adams' decision to require airbags or in application, and have been shown to waste, the ways we protect against fire, the other passive restraints in new cars be­ be largely ineffective. ways we make secure the campus, the ways ginning for many models in September we maintain sanitary conditions. 1981. The espionage ;.;tatutes-18 U.S.C.A. et Other promised regulations seek to restrict seq.-are generally restricted to disclo­ us in the matter of the students which we My only reservation with Brock's de­ sure to enemy agents with the intent to can and we cannot accept, the persons and cision is that I wish an earlier deadline injure the United States or assist a for­ percentages of those whom we may employ. for mandatory airbags could have been eign nation, and do not effectively apply The bureaucrats do not care whether we ordered. to general public disclosure of classified employ competent teachers and scholars, so There are those who argue that this information. long as we employ the percentages they pre­ decision is an encroachment on the in­ scribe in sex and color. With it all, we have The protection provided by the speech become the nation's whipping boy, flailed dividual freedoms of American citizens. and debate clause, in article I, sec­ for our "inability to contain costs" when in­ But that, Mr. Speaker, is simply not the tion 6 of the Constitution, does not ex­ deed our regulators are a major part of that case. tend to proceedings within the Congress, problem. This decision gives an individual free­ and under article 5, section 5 of the Con­ It has been estimated by one of America's dom: the freedom to get in one's car stitution, each House may determine the leading economists, Dr. Murray Weidenbaum, and drive off without unnecessary fear rules of its own proceedings, and may that it costs taxpayers $4 billion a year to support the agencies that ride herd on busi­ of being killed. As Colman McCarthy punish and expell a Member. Senate ness. No one, to my knowledge, has isolated wrote in a recent Washington Post: rule XXXVI establishes procedures for the funds that colleges must generate to "Such a freedom is worth preserving." the control of classified information, and comply with the government bodies we must I have written Secretary Adams prais­ provides sanctions for violations. The answer to, funds that must in turn be re­ ing his decision and urging him to con­ House has no comparable procedure, and trieved in charges if we are to remain sol- sider accelerating the airbag timetable. 24484 EXTENSIONS OF REMARKS July 21, 1977 For the benefit of my colleagues, I am "After the impact, both cars were diverted, Chrysler said, "We hope to be in a position inserting into the RECORD the McCarthy mine to the right and the other to the left. to provide passive restraint systems in vol­ column which makes some excellent con­ My car had a multiple impact; it hit a tele­ ume production by Jan. 1, 1975." Ford said phone pole and sheared the pole off at the in 1970 that "air bags for the front right and tributions to the discussion of the impor­ ground level. center occupants could be installed in all tant public-safety issue: "The sudden explosion and puff from the 1975 model cars ..." THE FREEDOM To CHOOSE SAFETY inflator assembly was heard and the bag Now it is 1983 before citizens can buy air (By Colman McCarthy) inflated before I felt the impact and sudden bags as standard equipment on all cars. Tens As a listener to nearly every meaningful stop of the vehicle. The inflation of this air of thousands of men, women and children syllable uttered in the current debate on air bag was astounding. I worked as an engi­ w111 be killed before then. Few of these po­ bags, I have yet to hear from the one citizen neer during the war and for many years with tential victims are likely to have strong ideo­ I've been waiting for: a crash victim saved tools as an instrument maker and I couldn't logical feeling one way or the other about air by an air bag but who is against air bags. believe the sensors from the bumper could bags and the moral responsibility of govern­ I have listened to other opponents, from actuate the inflators so fast. ment or industry to provide them. Most peo­ those who see the Department of Transporta­ "Normally, I wear seat belts, but this time ple probably assume that whatever is in the tion's favorable ruling on this passive re­ I neglected them. This did not impair the marketplace has to be safe or else it wouldn't straint system as Big Brotherism on the air bags from performing their duty. The be there. We have safety laws, don't we? And march again to others who believe air bags lap belt would have prevented me from isn't there competition? are being imposed as unproven and costly being thrown around in the front seat. But the carnage occurs daily. The emo­ gimmicks that represent still another theft "The bag in the steering wheel was the tional cost to bereaved families is beyond of what one congressman calls "our individ­ most effective; the passenger air cushion in­ counting. Estimates of other costs are more ual freedoms." flated and prevented me from being thrown easily figured: Nationwide Insurance says air Many have been persuaded by these argu­ to the floor on the passenger side. In fact, bags would mean an annual reduction of $2.5 ments, but for myself nothing would be more it shoved me back into an upright position billion in insurance premiums. The hospital convincing than the words of a man who behind the wheel. I was protected by both care for citizens crippled in car crashes ex­ should be dead but who lives to denounce the bags ... ceeds $1 billion a year. federal government for denying him the in­ ".At no time was my vision impaired by any Neither I nor anyone I know expects to be dividual freedom to be k1lled in his car. I part of the [air bag). Rolling around with killed or maimed in a car crash, either today, would be persuaded by a man who walked the lower part of my face in the steering this year or this century. But this is an ex­ away from a head-on coll1sion livid that he wheel bag, I knocked my glasses off and they pectation of the heart, not the head, because had to pay $100 or even $200 to have his fell to the floor but they were not broken somewhere in America more than 100 people life saved. and I put them on before I got out of the die every day in car crashes. The issue is less If we haven't heard from this person, as­ car." whether the government should protect lov­ sumption can be safely made, as our cars Similar testimony has come from other ers of liberty like Rep. Shuster than what are not, that he doesn't exist. It is hard to survivors, including a movie stunt man. He it should do about the safety of countless imagine the automobile industry-the air told the Department of Transportation last citizens. Cars have become love objects, bag's most stubborn opponent-not search­ year that "when you look at a 44-ton brick dream fulfillments, as well as common trans­ ing out, and then gleefully exploiting, at wall and you know it is coming at you, you porters, but who except the rare citizen least one negative reaction from the one think of a whole lot of things, but the least suspects them of being potential extermina­ group of motorists whose knowledge of air of which is how much this air bag costs you." tors? The air bag is merely the best system bags is experiental, not theoretical. For me, these voices are the most credible, yet devised to give an individual the freedom This group is not large but it is alive, well, and therefore the most persuasive. But even to get in his car and drive off without sus­ and has seen the gore in crashes from Mercer then, a judgment on air bags can be made pecting that he may be killed. Such a free­ Pa., to Needles, Calif. Although no air bag in the area of the debate in which its oppo­ dom is worth preserving. cars are currently on sale, about 12,000 ve­ nents are most comfortable, the so-called hicles so equipped-mostly General Motors "individual freedom" issue. The individual cars from 1974 to 1976-have been on the motorist must be free of the government's highways. As of July 1, 153 crashes have oc­ excessive power to restrict his liberty, even YOUNGSTOWN VINDICATOR curred, involving 219 front-seat occupants. if government officials mean to keep you SUPPORTS NO-FAULT Of the 219 crashers, 215 survived, and from danger. A Pennsylvania congressman, nearly all of those without major injuries. Bud Shuster, says "this air bag edict is a From a sampling of the survivors' senti­ very small piece of a heavy and dark blanket, gradually being lowered over a free people by HON. CHARLES J. CARNEY ments, an ardency for air bags is evident. OF OHIO The most recent partisan is C. W. Beck, a their paternalistic government." state senator from Port Orchard, Wash. On Put that way, the question becomes even IN THE HOUSE OF REPRESENTATIVES broader. Whom do we choose to trust and June 18, he wrote a letter to his friend Brock Thursday, July 21, 1977 Adams, the Secretary of Transportation, who believe: Big Brother in Washington or Big was then in the process of deciding favor­ Cousin in Detroit? Both relatives have their Mr. CARNEY. Mr. Speaker, the follow­ ably on air bags and hoping his decision nasty habits, but if I had a choice to dis­ ing editorial appeared in the Youngs­ would not be vetoed by Congress. Beck re­ own either, it would be Big Cousin. Not only town Vindicator on Tuesday, July 19, ported the details of his crash : have automakers repeatedly resisted safety innovations but they have raised the cost 1977, regarding the need for national no­ "On Tuesday, June 7, 1977, I was involved fault insurance legislation. in a two-car collision on a perfectly clear, of cars by heavily promoting those pictures warm, dry day at the intersection of two of their products that do nothing at all to I agree with the Vindicator that the Kitsap County arterials in which the lady protect motorists. time has come to enact no-fault insur­ who was driving the other car was killed. I When pressed by the gory consequences, ance legislation. Victims of automobile am able to be sitting here today writing to auto executives plead their case with the accidents must get prompt and fair com­ you without a scratch, bruise, ache or pain argument of innocence: Don't blame us, we pensation for losses resulting from in­ because my car was equipped with an ACRS just give the customer what he wants. If jury or death, without the need to de­ [air cushion restraint system). I'm sure I that's the case, the showrooms of America cide who is to blame for the tragedy. No­ owe my life to this device. are jammed with customers clamoring for fault motor vehicle insurance can ac­ "You may not recall the car, but you rode cars that are incessantly being recalled fo complish this. in it about two years ago for a short distance safety defects, that poison the air and can in Seattle to the Olympic Hotel. It was a gray cost up to $686 in repairs for a front-end I commend the Vindicator for taking Cadillac Eldorado and was new then. It now crash at 10 mph. a stand on this controversial issue, and has about 49,000 miles on it. It is no more, One who trusted Detroit more than the I would like at this time to share this both cars were totaled out ... pro-air bag advisers in his own department editorial with my colleagues: "I was driving in a 40 mph speed zone with was former Transportation Secretary William CARTER SUPPORTS No-FAULT my cruise control set at 39 mph. Only two E. Coleman Jr. Last December, when he de­ Congress has been considering no-fault in­ cars were visible to me, one coming towards cided not to decide on air bags, Coleman surance legislation for six years, but has me and the one which I hit. It had pulled up struck an agreement with GM, Ford and always defeated it by a narrow margin, largtr­ to a boulevard stop sign and made what Mercedes to offer air bags as ootions on a ly because of opposition from the Nixon and looked to be a legal stop. small number of cars. The agreement was a Ford administrations. Now a federal stand­ "When I was about 50- 75 feet from the curious one, in light of earlier industry ard for auto insurance that pays accident intersection, the other car suddenly darted promises. victims automatically has unprecedented out, fast. I applied my brakes and swerved In 1970, General Motors said, as quoted in support from the White House, and prospects to the ri!!ht but could not prevent the im­ a recent report from the Insurance Institute are looking up despite the powerful opposi­ pact. I hit the right side of the other car for Highway Safety, "In the fall of 1974, the tion of the American Trial Lawyers Associa­ head-on with my brakes set and skidding air cushion would be made standard equip­ tion, representin~ lawyers who try auto acci­ to swerve to the right. ment on all 1975 GM passenger cars . .." dent personal injury cases. July 21, 1977 EXTENSIONS OF REMARKS 24485 The Department of Transportation re­ York Telephone Co., for example, on System companies including Western Elec­ cently concluded from a study of the 16 rates and the substitution of numbers for tric and New Jersey Bell came to the assist­ states that already have no-fault systems ance of the New York Telephone company. letters on the telephone exchanges. And Local telephone people also demonstrated that victims of auto accidents in those states there was a time when the telephone get faster and fairer compensation than those unusual dedication to duty. Despite limited in other states. Under the plan proposed in company sought to hire as operators wel­ transportation during the early part of the both the Senate and the House, car owners fare recipients and individuals without blackout, 85 percent of New York Telephone would have to buy insurance. In the event adequate education, which, although it employees reported for work. of an accident, all reasonable medical and was an admirable policy, caused extreme The fact that the communications net­ rehabilitation bills up to $100,000 for driver difficult~es in obtaining a telephone work continued to operate well made it and passengers would be paid automatically number from an information operator. easier for New York City's citizens to live no matter who caused the accident. The car Indeed, on one occasion I read in Pete through the emergency. owner could buy extra coverage up to $1 mil­ Hamill's news column that he had lion. Lost wages up to $12,000 and the costs o1 sought to get my telephone number, replacement services for housewives for one which is listed, fr.om the information SALUTE TO NATIONAL MUSIC CAMP year would be paid, as would funeral ex­ operator. He reported his conversation penses up to $1,000. Victims could still sue with the information operator, as I re­ for economic losses beyond those amounts call it, as follows: "I would like the HON. ELFORD A. CEDERBERG and could sue for pain and suffering in cases number of Congressman KocH." The of wrongful death, disablement for more reply from the operator after she had OF MICHIGAN than six months and gross disfigurement or IN THE HOUSE OF REPRESENTATIVES permanent injury. apparently studied the records was Supporters of no-fault maintain that by "there is no KocH with the first name Thursday, July 21, 1977 eliminating the cost of litig·ation, the no­ Congressman listed in our records." That Mr. CEDERBERG. Mr. Speaker, for fault system provides larger benefits for the does not happen any more and it is be­ many of us, when you mention the words same insurance premiums. Records compiled cause the telephone company has trained "summer camp" and "musical instruc­ by the insurance companies in the 16 states its opera.OOrs well. tion," we conjure up two different, per­ with no-fault legislation support this argu­ I asked New York Telephone to pro­ ment. In most cases, but not all, premium haps incompatible, images. But the com­ rates are lowered by no-fault plans, depend­ vide me with some facts concerning its bination of these two concepts has prov­ ing on the extent of the no-fault coverage. activities during the night of July 13 and en very successful for the National Music In 1972, the Senate voted down no-fault I am appending that report to this state­ Camp in Interlochen, Mich., which is 49 to 46, but in 1974 passed it, 53 to 42. There ment. Since I have never hesitated to 'located within the lOth Congressional was no action in either instance by the cri.ticize the telephone company when I District. House. In 1976, the Senate defeated it again, thought criticism appropriate, I am de­ This summer begins a 2-year celebra­ 49 to 45. Considering the fact that a good lighted to be able to praise it. Its per­ many legislators are trial lawyers who have a tion for the camp marking their 50th vested interest in preserving the tort, or fault formance on the night of July 13 and season-1977 and their 50th anniver­ system, it is significant that so many of them thereafter was superb. sary-1978. Their first half century has support no-fault. Enough time has been STATEMENT OF NEW YORK TELEPHONE seen them grow to the extent that this spent determining the facts. Both the House COMPANY summer some 1,500 individuals, ranging and Senate should go ahead with the bill. On July 13, 1977, New York City was from grade school to college students, plunged into darkness by a massive power failure. The lights of the city flickered off at from approximately 46 States and 20 9:35 p.m., and with the loss of electricity, other countries will participate in their IN PRAISE OF TELEPHONES AND most of the normal activities of Manhattan 8-week program. This figure is aug­ THE NEW YORK TELEPHONE CO. and the rest of the city came to a halt. A mented by another 1,000 Michigan stu­ principal exception was the telephone sys­ dents who will participate in their four tem. 2-week programs. I. As happened in the great blackout of 1965, HON. EDWARD KOCH New York Telephone and other Bell System More impressive, however, are the OF NEW YOBK subsidiaries took immediate steps to make graduates of the National Music Camp IN THE HOUSE OF REPRESENTATIVES sure there was no break in vitally needed who number among the most prominent Thursday, July 21, 1977 communications. musicians in the world. Included in this All telephone switching centers in the elite group are pianist Van Cliburn, an Mr. KOCH. Mr. Speaker, on July 13, affected area were able to use emergency annual participant in a special summer 1977, at about 9:30p.m. the lights of the power generating equipment maintained by concert, and conductor Guido Ajmone­ city of New York went out. The city did the telephone company. A total of 106 New York Telephone Company equipment build­ Marsan, an Interlochen alumni who now not grind to a halt, it halted. It is not ings and six long distance centers operated leads the World Youth Symphony. my intention at this time to discuss the by AT&T's Long Lines division were involved. None of this, however, would have failures of Con Ed or the looting which Although there were periods of network been achieved without the guidance and ensued in some parts of our city. Rather, congestion throughout the first night and determination of Dr. Joseph E. Maddy, I would like to dwell on one of the few following morning because of the heavy the founder of the camp. A man of vision, positive aspects that made it possible to volume of calls, there was no interruption of either local or long distance service. Dr. Maddy established the camp in 1928 get through a long hot night. It was the to train promising young high school telephone system. Yes, the telephones Using an emergency plan coordinated by New York Telephone's Emergency Control musicians. The support for this under­ continued to work, and it was possible Center, the Bell System was able to handle taking originally came from the Car­ f,Qr people who were terribly worried 80 mUllan outgoing calls as opposed to 36 negie Foundation, which donated to the about their relatives and friends to call m1llion on an average day. By limiting the University of Michigan funds for the and to be reassured. The same continued number of incoming calls, customers in furtberance of the fine arts. And the telephone service which operated dur­ blacked out areas were assured that their University of Michigan, recognizing the ing the power failure of 1965 was re­ own calls would get through. In some cases, peated in the power failure of 1977. the entire nationwide network was brought promise of Dr. Maddy's ideas, gave him into play. Calls from New Jersey to New $6,000 a year for 5 years with which he I have been to a number of other coun­ York, for example, were routed by way of was free to do as he pleased and travel tries, including Mexico and the Soviet Long Beach, California, in order to avoid where he saw fit-as long as he promoted Union to cite just two, and it was always overloading certain New York switching good music. This official stamp of ap­ remarkable tQ discover how poor their offices. Round-the-clock communications telephone systems were to say nothing with other Bell System companies made sure proval by the University of Michigan was of the paucity of telephones available that special network controls were in effect the beginning of a close affiliation which to the citizens of those countries. Here throughout the blackout. immeasurably enhanced the prestige of in the United States, telephone service The special needs of the stricken city were the National Music Camp in those fledg­ also handled promptly. Within two hours ling years. And rough they were. is deemed to be an essential service en­ after receiving a request from the Mayor's compassing the poor as well as the rich office, for instance, New York Telephone had Just when Dr. Maddy seemed to have and not the prerogative of the upper or installed 24 lines to the City's emergency the means at hand to achieve his goals, middle class. In the past I have had a communications center. the depression hit. The record of his ef­ number of disagreements wit..~} the New Throughout the emergency, other Bell forts in the intervening years between 24486 EXTENSIONS OF REMARKS July 21, 1977 1932 and 1940 to keep the camp solvent be allowed to advise the witness. Such coun­ modify subpoenas may be brought at the are a credit to the tenacity of his char­ sel shall not be permitted to address the p.-ace where the witness resides, the docu­ acter. Never losing sight of his dream to grand jurors or otherwise take part in pro­ ments sought are maintained, or before the ceedings before the grand jury. The court court which Issued the subpoena at the elec­ establish the arts as a separate field of shall have the power to remove such counsel tion of the witness. Such motion should be study, he gave everything he had to the from the grand jury room for conduct incon­ heard in camera and on the record. continuation of the camp. sistent with this principle. 16. All matters before a grand jury, in­ The results of his labors are a living 2. No prosecutor shall knowingly fail to cluding the charge by the impaneling judge, testimonial to his dream. Not only did disclose to the grand jury evidence which if any; any comments or charges by any the National Music Camp continue to will tend substantially to negate guilt. jurist to the grand jury at -any time; any and ftourish and grow, but in 1962 the Inter­ 3. A prosecutor should recommend that the all comments to the grand jury by the prose­ grand jury not indict if he or she believes cutor; and the questioning of and testimony lochen Academy for the Arts was also the evidence presented does not warrant an by any witness, shall be recorded either sten­ established. Unique in its emphasis on indictment under governing law. ographically or electronically. However, the the arts, especially music, it provided 4. A target of a grand jury investigation deliberations of the grand jury shall not be year round academic instruction to high shall be given the right to testify before the recorded. school students. grand jury, provided he/she signs a waiver 17. The prosecutor should not make state­ It is thus in recognition of the past 50 of immunity. Prosecutors shall notify such ments or arguments in an effort to influence years of achievements of the National targets of their opportunity to testify unless grand jury action in -a manner which would notification may result in flight or endanger be impermissible at trial before a petit jury. Music Camp that I ask my colleagues to other persons or obstruct justice; or the 18. Expanding on the already-established join me in saluting the contributions that prosecutor is unable with reasonable dili­ ABA position favoring transactional immun­ Interlochen has made to music and the gence to notify said persons. ity, immunity should be granted only when arts. 5. The prosecutor shall not present to the the testimony sought is in the public inter­ Recognized throughout the world, In­ grand jury evidences which he or she knows est; there is no other reasonable way to elicit terlochen is a realization of Dr. Maddy's to be constitutionally inadmissible at trial. such testimony; and the witness has refused 6. The grand jury shall not name a person to testify or indicated ·an intent to invoke the original charge: to promote good music. in an indictment as an unindicted co-con­ privilege against self-incrimination. Providing gifted musicians the opportu­ spirator to a criminal conspiracy. Nothing 19. Immunity shall be granted on prosecu­ nity to realize their potential, it has given herein shall prevent supplying such names tion motion in camera by the trial court u:; all something of immeasurable value in a bill of particulars. which convened the grand jury, under stand­ that would never have been achieved 7. A grand jury should not issue any re­ ards expressed in Principle No. 18. otherwise. For this we offer our sincerest port which singles out persons to impugn 20. The granting of immunity in grand congratulations on this memorable oc­ their motives, hold them up to scorn or criti­ jury proceedings should not be a matter of casion. cism or speaks of their qualifications or moral public record prior to the issuance of an in­ fitness to hold an office or position. No grand dictment or testimony in any cause. jury report shall be accepted for filing and 21. A l·awyer or lawyers who are associated publication until the presiding judge sub­ in practice should not continue multiple rep­ AMERICAN BAR ASSOCIATION SEC­ mits in camera copy thereof to all persons resentation of clients in a grand jury pro­ TION RECOMMENDS GRAND JURY named or identifiable and such persons are ceeding if the exercise of the lawyer's inde­ REFORM given the opportunity to move to expunge pendent professional judgment on behalf of any objectionable portion of said report and one of the elien ts will be or is likely to be have. a final judicial determination prior to adversely affected by his or her representa­ the report's being published or made public. tion of another client. If the court deter­ HON. JOSHUA EILBERG Such motion to expunge shall be made within mines that this principle is violated, it may OF PENNSYLVANIA ten days of receipt of notice of such report. order separate representation of witnesses, IN THE HOUSE OF REPRESENTATIVES Hearings on such motions shall be held in giving appropriate weight to an individual's camera. right to counsel of his or her own choosing. Thursday, July 21, 1977 8. The grand jury should not be used by 22 . The confidential nature of the grand Mr. EILBERG. Mr. Speaker, I have the prosecutor in order to obtain tangible, jury proceedings requires that the identity recently obtained a copy of recommen­ documentary or testimonial evidence to as­ of witnesses appearing before the grand jury dations by the American Bar Associa­ sist the prosecutor in preparation for trial be unavabable to public ~crutiny. of a defendant who has already been charged 23. It is the duty of the court which im­ tion's Section of Criminal Justice re­ by indictment or information. However, the garding grand jury reform. panels a grand jury fully to charge the jurors grand jury should not be restricted in inves­ by means of a written charge completely ex­ This report will be presented to the tigating other potential offenses of the same pl-aining their duties and limitations. ABA House of Delegates next month. or other defendants. 24. All stages of the grand jury proceedings As the following indicates, these rec­ 9. The grand jury should not be used by should be conducted with proper considera­ ommendations are similar to the pro­ the prosecutor for the purpose of aiding or tion for the preservation of press freedom, visions of H.R. 94, the Federal grand assisting in any administrative inquiry. attorney-client relationships, and comparable jury reform bill of 1977. This bill is now 10. Witnesses who have been summoned to vaiues. appear before a grand jury to testify or to 25. The period of confinement for a wit­ under consideration by the House Judici­ produce tangible or documentary evidence ary Subcommittee which I chair. ness who refuses to testify before a grand should not be subjected to unreasonable de­ jury is found in contempt should not ex­ Because of the importance of this lay before appearing or unnecessarily re­ ceed 6 months. issue, I commend the report to the at­ peated appearances or harassment. 26. The court shall impose appropriate tention of my colleagues: 11. It shall not be necessary for the prose­ sanctions whenever any of the foregoing (The attached presently represents only the cutor to obtain approval of the grand jury principles have been violated. for a grand jury subnoena. policy of the ABA Section of Criminal Jus­ REPORT tice, and not the position of the American 12. A grand jury subpoena should indi­ Bar Association. This report will be pre­ cate the statute or general subject area that Background sented to the ABA House of Delegates in is the concern of the grand jury inquiry. The The Section of Criminal Justice urges August 1977] return of an indictment in a subject area not House of Delegates approval for 26 legislative disclosed by the grand jury subpoena shall Principles to which it believes grand jury AMERICAN BAR ASSOCIATION, REPORT To THE not be a basis for dismissal. reform legislation should adhere. The Section HOUSE OF DELEGATES, SECTION OF CRIMINAL 13. In any case in which a subooeaned JUSTICE has spent more than three years studying the witness moves on proper grounds to quash a grand jury. In August 1975-at Section urg­ RECOMMENDATION grand jury subpoena, the prosecutor should ing-the House of Delegates approved a pol­ The Section of Criminal Justice recom­ be required to make a reasonable showing icy addressing one grand jury blll (H.R. mends adoption of the following resolution: in camera (which may be ex parte at the 1277) in the 94th Congress. That pollcy is Be it resolved, That the American Bar court's discretion) and on the record before a limited one, but includes Association sup­ Association support in principle grand jury the court convening the grand jury that the port for such key elements of grand jury reform legislation which adheres to the fol­ evidence bein~ sought is: reform as allowing counsel in the grand jury lowing principles: (a) likely to be relevant to the grand jury room, transactional immunity, and strength­ 1. Expanding on the already-established investigation; ened penalties for unauthorized disclosure ABA policy, a witness before the grand jury (b) not sought primarily for an improper of grand jury information. Since 1975, the shall have the right to be accompanied by purnose. Section's Grand Jury Committee has analyzed counsel in his or her appearance before the 14. A subpoena should be returnable only a number of pending bllls, including H.R. grand jury. Such counsel shall be allowed to when the grand jury is sitting. 2986 and S. 3274 (94th Congress), both with be present in the grand jury room only dur­ 15. When the circumstances place a hard­ a broader focus than H.R. 1277, on which ing the questioning of the witness and shall ship on the witness, motions to quash or the current ABA policy was formulated. New July 21, 1977 EXTENSIONS OF REMARKS 24487 legislation, including H.R. 94, H.R. 3736, and with abuse, and is no longer a shield for the step-daughter were found murdered in the S. 1449, has been introduced in the 95th citizen but a shield for the government. newspaper office about 4 a.m. on Sunday, Congress; hearings are already being held Critics declare that it has departed from its June 19. on these proposals. proper Constitutional function of protecting According to the police officers investigat­ Based on its continued study of this issue citizens from unwarranted prosecutions. ing the murder, Dragisa Kasikovich, 44, and since 1975, the Criminal Justice Section now The Section of Criminal Justice, based on Ivanka Milosevich, 9, were each repeatedly asks House of Delegates adoption of Associa­ the work of its Grand Jury Committee, stabbed with knives and finally shot once in tion policy addressing a broader range of chaired by experienced prosecutor Richard the head and once in the chest, sometime grand jury issues. This is timely not only E. Gerstein, believes that reforms are needed after 11:30 p.m., Saturday, June 18. because of the increasing public, press and to insure fairness-but without undercut­ Mr. Kasikovich was placed in the chair professional attention being focused on this ting the grand jury's legitimate functions or behind his working desk with his face beaten issue, but also because action is anticipated destroying it as an institution. While legit­ beyond recognition with the dead girl on his in the 95th Congress on the pending legis­ imate objections to these Principles have lap. This is the position in which they were lation. Further, a number of states are now been raised, resistance to change from those found by his wife at 4 a.m. considering-and some have already enacted within the criminal justice system cannot The murder case of Dragisa Kasikovich into law-similar bills. in itself be sufficient reason to reject well­ has two distinct aspects: the first one is crim­ In February, 1977, the Section asked the considered-and needed-proposals. inal and individual. At this time when the House of Delegates to approve a package of The Section urges the House of Delegates police have not yet finished their investiga­ 23 legislative principles. At the personal re­ to support the 26 legislative Principles. The tion so we do not know the identity of the quest of Attorney General Bell, the Section Congress and many states legislatures are murderer or the details. asked the House to defer action until the now acting on grand jury reform proposals; But there is a second aspect which may August Annual Meeting. Since February, the professional, media and public focus on this be even more importP.nt and that is the po­ Section has revised several Principles to clar­ subject cannot be expected to abate. The litical aspect. There is speculation that the ify intent; has added 3 new Principles con­ Association-as in its landmark Standards murder was politically motivated and that cerning prosecutorial conduct; and has met for Criminal Justice project-has long been the perpetratc.rs is/are agents of the Com­ with Honorable Benjamin Civilettl. Assist­ in the forefront of criminal justice improve­ munist regime of Josef Broz Tito of Yugo­ ant Attorney General in charge of the Crim­ ment. slavia. inal Division, U.S. Denartment of Justice, ABA leadership is now needed to help Ever since the Communists came to power and other Department representatives to dis­ fashion well-reasoned, workable and effec­ in Yugoslavia (owing to Stalin who sent So­ cuss the Principles. Mr. Civiletti has ex­ tive grand jury reform legislation. viet Marshall Tolbunin to install Tito in pressed support for some 15 of the Princi­ Respectfully submitted, power in Belgrade on October 20, 1944) the ples, and noted that the Department would B. JAMES GEORGE, Jr., free Serbian anti-communists have been an take no position on an additional five. On Acting-Chairperson. embarrassment and a thorn in the side of several additional Principles, Mr. Civiletti the Yugoslav Communists. said that some rephrasing might moot De­ In the past decade, the agents of the Yugo­ partment objections. In an attempt to reach SECRET POLICE IN CHICAGO slav secret police, UDBA, have allegedly com· compromise in as many areas as possible, MURDER? mitted a number of assassinations of politi­ the Section's Grand Jury Committee held cal opponents in Western Europe. a special meeting in early June, made addi­ To name some of the most prominent tional amendments to a number of the Prin­ cases: Andra Loncaritch in Paris, Sava Cub­ ciples, and gained Council anproval for these HON. ROBERT K. DORNAN OF CALIFORNIA rilovich in Sweden, Ratko Obradovich in changes via a special mail ballot. Munich, Borda Blagojevich in Brussels, Jasha It should be noted that proposed Prin­ IN THE HOUSE OF REPRESENTATIVES Lyotich in Munich, Pierre Valich in Brussels. ciples were drafted by a Committee com­ Thursday, July 21, 1977 Last year in· Washington, D.C. a hired posed almost entirely of present and former Yugoslav agent surrendered to the Federal prosecutors. It is chaired by Richard E. Mr. DORNAN. Mr. Speaker, the recent Bureau of Investigation, turned over the spe­ Gerstein, State Attorney for the greater murder of an editor of a Chicago anti­ cial poison which she received from the legal Miami area for more than 20 years, and for­ Communist newspaper and his 9-year­ counsel in the Yugoslav embassy in Wash­ mer President of the National District At­ old daughter give hint to a new and ington and admitted that her assignment was torneys Association. The Committee also in­ frightening aspect of the spread of world to poison five members of Serbian political cluded members with state and federal emigration in Washington, D.C. prosecutorial experience (including the last communism. In a commentary which One of the most eminent members of the Watergate Special Prosecutor, Charles Ruff), appeared in the News World newspaper Serbian community in the Free World, Dr. judges, law professors and members of the on June 21, inferences are drawn about Slobodan M. Draskovich, former professor at defense bar. The Principles further repre­ the involvement of the Yugoslav secret the University of Belgrade, and president of sent a consensus of the Criminal Justice police in the murder. the Serbian Cultural Club St. Sava of Chi­ Section Council, which includes a similar The agents of the Yugoslav secret po­ cago, Ill. made the following statement: "I mix of persons from all parts of the criminal lice have allegedly committed a number had the occasion several years ago to bring justice system. Most of the Principles were of assassinations of political opponents this to the attention of the then Attorney approved by the Council unanimously. in Western Europe during the last 10 General John Mitchell, predicting that unless In recent years, the grand jury as an in­ these criminal activities of the Yugoslav Se­ stitution has come under increasing crit­ years. The murders of Dragisa Kasiko­ cret Police UDBA were stopped they would icism for a number of reasons and from a vich and Ivanka Milosevich have all the spread to the United States." number of sources. It has been accused of markings of being similarly motivated. Dr. Draskovich also commented, "I think an absence of procedural safeguards. Re­ Mr. Kasikovich has been an outspoken that the most important aspect of the mur­ flecting these and other concerns, England­ critic of the Tito regime and of the der of Dragisa Kasikovich is precisely that­ where the grand jury originated-abolished Soviet domination of his homeland, emboldened by the unconditionally friendly the institution in 1933; the majority of Serbia. It is believed in some circles that polici~s of our State DeJ)artment-the Com­ states in our country allow prosecution this was the reason for his murder. His munist regime of Josef Broz Tito has decided either by indictment or by ' information. to cross the ocean to silence by terror the However, it remains a part of the federal sys­ hapless daughter was stabbed and shot anti-communist Serbs in the United States." tem and in many state systems because of because she was a witness to her father's Dr. Draskovich continued, "For not only constitutional provisions. The ABA House of death. that, no attention at all was paid to the Delegates in 1975 went on record opposing If the inferences drawn from the facts machinations of Tito's agents in the United amendment of the United States Constitu­ are true even in part, the United States States, but their infiltration into the Serbian tion to eliminate the requirement for in­ can no longer consider herself to be the Orthodox Church has gone unhindered and dictment by a grand jury. That position of asylum of freedom-loving people. If the was even facilitated." the ABA should not be changed, but a com­ Yugoslav secret police can murder their The Communists also allegedly caused a prehensive effort is needed to correct exist­ split in the Serbian Orthodox diocese of the ing abuses The Section believes that its opponents within the United States with impunity, then the time has come for United States and Canada in May 1963, which proposed legislative Principles will go a long was known to oppose the Communist rulers way towards remedying the ills of the grand this Congress and the State Department in Yugoslavia. jury as an institution. to reevaluate our policy toward Tito The free Serbs in the United States rallied CONCLUSION and the activities for foreign Commu­ in defense of their diocese against the dic­ When the grand jury was created in 12th nists within our borders. tates of the Religious Commission (known Century England, it was intended to serve The article follows: as the arm of the Yugoslav Communist re­ as a shield between the citizen and the BEYOND THE MURDER OF A SERB ANTI­ gime for religious affairs) . Crown. In recent years, the grand jury has COMMUNIST IN CHICAGO The litig-ation before various U.S. courts of come under increasing attack: observers CHICAGo-An editor of the anti-Commu­ justice lasted for 14 years. charge that the grand jury system is riddled nist newspaper Liberty and his 9-year-old The Serbs feel the most damning single 24488 EXTENSIONS OF REMARKS July 21, 1977 event was the majority opinion of the Su­ If enacted, H.R. 7154 would accomplish two ceive two compensation adjustments. First, preme Court of the United States of June 21, objectives: his employer undoubtedly will increase his 1976, which deprived the American Serbs of First, it would raise once again to about wages to offset the ten percent infiation rate. the protection under the First Amendment 95 percent the number of covered employees Second, provisions of the 1972 Act will boost of the U.S. Constitution, and ruled that U.S. whose entire wages are subject to social the ratio of his present earnings in relation Courts are forbidden to examine and pass security taxes. By exposing higher salaries to to his future retirement benefits. Thus, Mr. judgment on the rulings of the ecclesiastical taxation, this measure reduces somewhat the Jones, upon retirement, will obtain a much courts under Communist control in Yugo­ system's regressivity. greater percentage of his average monthly slavia. Second, by producing increased annual wage than did Mr. Smith. And, of course, he In a letter to Chief Justice Warren Burger revenues H.R. 7154 forestalls the depletion also will receive the annual cost-of-living ad­ on July 19, 1976, Dr. Draskovich predicted of the Social Security Funds which, under justment after he leaves the work force. As that such a majority opinion would entail present circumstances, should occur by 1982. Hobart Rowen noted in his column which very grave consequences, among which would Instead, this proposal will rebuild the sys­ appeared in yesterday's Washington Post "As be to give green light to the Communist ter­ tem's assets of $58.4 billion by December 31, a result, many retirees would get benefits far rorists from Yugoslavia and he claims this 1983. above the best pay they ever earned." has now come to pass. A word of caution is in order, however. H.R. 8368 eliminates the provision of the The Serbs feel it is beyond the details of As more and more high-bracket wage earn­ 1972 Act which mandates an automatic ad­ the murder of Dragisa Kasikovich. The most ers (up to $30,000) retire, benefit outlays will justment to the benefit percentage figure. ominous aspect to them is the Communist increase. Therefore, if H.R. 7154 becomes law, Instead, it incorporates a progressive three­ regime of Tito. by 1984 yearly social security expenditures step benefit formula with average earnings They claim they must fear for their lives again will exceed annual receipts. Conse­ based on the highest ten years of the con­ like the Serbian editor and his step daughter. quently, in addition to a stop-gap approach, tributor's work life. the Congress must develop a long-term solu­ Enactment of this measure would achieve tion if erosion of the trust fund is to cease. two objectives. 2. Long range problem First, it would reduce by almost one-half the estimated seventy-five year social secu­ HEARINGS ON SOUNDNESS OF One half of the future social security def­ SOCIAL SECURITY SYSTEM rity trust fund deficit. icit is attributable to the double indexing or Second, while replacing an erroneous bene­ "coupled" benefit formula adopted by the fit formula, the Whalen-Bedell decoupling HON. CHARLES W. WHALEN, JR. Congress in 1972 when it revised the Social proposal also simplifies the system signifi­ Security Act. Until that time social security cantly, bringing it within the understanding OF OHIO benefits were raised on an ad hoc basis. The of the more than 33 million citizens who par­ IN THE HOUSE OF REPRESENTATIVES 1972 amendments were designed to protect ticipate in the social security program. The both present and future recipients against Thursday, July 21, 1977 present method of determining one's benefit the ravages of inflation by: first, providing entitlements is incomprehensible. The new Mr. WHALEN. Mr. Speaker, this that current benefit levels rise automatically retiree is presented with a blue pamphlet week the Ways and Means Committee's to correspond to increases in the Consumer which illustrates the first eight steps he must Price Index; and, second, adjusting the max­ take to estimate his first benefit check. After Subcommittee on Social Security has imum earnings base, on which social security undertaken an important series of hear­ arriving at step eight, he then is referred to taxes are levied, to conform to increases in the benefit tables established every year or ings concerned with the financial sound­ average earnings. so by law. This table, in turn, is based upon ness of the social security system and Unfortunately, since 1972 two situations a nine-step formula. Is it any wonder that with other problems which plague this have developed which have contributed our respective offices are swamped with social valuable program. I was privileged to greatly to the financial dilemma confronting security cases? testify on the first day of hearings re­ the social security system. First, the future cost projections made in There is a lot of simplicity attendant to garding legislative proposals aimed at 1972 were based on an obsolete set of demo­ the computation of the benefits provided by both the projected long-range deficit and graphic assumptions which bore little rela­ the "top ten" Federal Retirement systems. the short-term crisis. I would like to tionship to our recent, sharply declining Five of these base benefits on a high-X share with my colleagues the remarks birth rates. Population estimates developed number of years. The others are based on which I presented to the subcommittee. in the 1960's were not revised until 1974- wages at the time of retirement. Only social security benefits are determined on an aver­ REMARKS BY REPRESENTATIVE CHARLES W. hence the alarming and radically different computations released in 1975 by the Ad­ age of a lifetime of earnings, often including WHALEN, JR. years of part-time or minimum-wage employ­ Mr. Chairman, I appreciate this oppor­ visory Council on Social Security. Indeed, the actual birth rate in 1972 was 30 percent ment. Social security participants deserve tunity to appear before your subcommittee to the same considerations as federal employees. discuss proposals addressing the financial lower than the assumed rate. Obviously, since support for future costs (benefit out­ Perhaps the best summary of the long­ ills besetting the social security system. range financial problem facing the social se­ The fiscal soundness of the social security hys) depends crucially upon the number of available contributors (taxable workers), curity system, and its possible resolution, is system is of crucial importance to all Ameri­ contained in a recent Congressional Research cans. Yet, a distressing imbalance between any decline in that figure requires that alter­ native income sources be considered. publication.* I would like to close my re­ expenditures and income has occurred dur­ marks by quoting from this excellent analy­ ing the past two years and is predicted to Second, in the 1972 Amendments, Con­ gress legislated an indexing method that sis. become worse in the future. "Under the present law, the period over The current decline in the Social Security overcompensates for infiation. Under this plan if infi:J.tion occurs in a given year, pres­ which wages are averaged depends on the Fund, from $45 .9 billion in 1974 to an ex­ ent workers (retirees of the future) receive year in which an individual reaches age 62 pected $35.5 billion by the end of this year, a double benefit. First, their wages undoubt­ or dies. For example, an individual who be­ stems from two principal sources: a higher edly are adjusted to compensate for the cost­ comes 62 in 1978 will require 22 years and so than average rate of unemployment and of-living increase. Second, a higher benefit on until the maximum averaging period, 35 serious infiation. percentage is ascribed to their actual aver­ years, is reached in 1981. This lengthening, A projected long-range problem is expected age monthly wage. averaging petiod is one of the factors which to result from action taken by the Congress These automatic cost-of-living increases seems to complicate proposals to change the in 1972 and the subsequent invalidation of affect both current and future retirees. Per­ benefit computation in a way which would the economic and demographic assumptions mit me to elaborate by using two examples. be both equitable and reduce long-term upon which the 1972 Social Security Amend­ (A) Mr. Smith is retired after forty years costs. On the other hand, if benefits were to ments were predicated. of employment. During these four decades be based on the present benefit formula (or Representative Berkley Bedell and I have his average monthly wage was $200. He now an approximation of it) with wages averaged introduced legislation-H.R. 7154 and H.R. receives a benefit equal to 50 percent of his over a high-X number of years of earnings 8368-dealing respectively with both sets of average monthly wage, or $100 per month. If (the X could be equal to as few as one or problems. inflation in a given year reaches 10 percent, two years or as high as the present level), 1 . SHORT-RANGE ISSUES under the 1972 Act Mr. Smith's benefits a significant reduction in long-term costs When our nation's social security pro­ automatically increase by 10 percent. Mr. could result. In fact, conversations with var­ gram was originally conceived, 95 percent of Smith, therefore, would be entitled to $110 ious actuaries have indicated that one can covered workers paid taxes on all of their monthly benefits. This procedure correctly develop a high-X formula which would pro­ wages. In recent years this has shrunk to adjusts for inflation for retired workers. vide equitable benefits with relatively stable 85 percent of eligible employees. H.R. 7154 (B) Mr. Jones, age 50, has been in the labor increases to $30,000 over a three year span, force for thirty years. His average monthly •crowley, Francis J., Social Security Cash the ceiling on the amount of earnings which pay during this period is $200. If consumer Benefits-Indexing, Decoupling, and the may be counted for social security benefit prices advance 10 percent in Mr. Jones Long-Term Deficit, Library of Congress, Feb­ and tax purposes. thirty-first year of employment, he will re- ruary 2, 1977. July 21, 1977 EXTENSIONS OF REMARKS 24489 replacement ratios for the next decade or so the problems we see with the percentage of tion is assumed. It is for these reasons we and which could have a long-term surplus completion method of accounting is the lack have recommended that the Congress require under actuarial estimates based on the eco­ of a precise method of estimating percent­ the Board to obtain and analyze profit and nomic and demographic assumptions used age of completion. Engineering estimates are cost information relating to standard com­ for the 1976 report of the trustees." frequently involved that are largely subjec­ mercial articles and services to determine whether large amounts of excessive profits APPENDIX tive. There are opportunities for such esti­ mates to be manipulated to improperly min­ and cost information relating to standard 1. Wage Base Proposal, Payroll tax for dif­ imize the possibility of an excess profits de­ commercial articles and services to determine ferent income levels under 3 proposals. termination. However, we do not know whether large amounts of excessive profits 2. Wage Base Proposal, Projected income whether such manipulation has actually tak­ are escaping renegotiation. under Wage Base proposal. en place. We believe that elimination of the In view of the above we are pleased to see 3 Diagram of Over-Indexing. use of the percentage of completion method a provision in Section 5 for a comprehensive 4. Comparison between automatic adjust­ of accounting and the required use of a study of the standard commercial articles ments for retired workers and for employed "units delivered" or "completed contract" and durable productive equipment exemp­ workers under present law. method of accounting for renegotiation pur­ tions by the Board. 5. Benefit Computation Formulas for the poses would add necessary objectivity to the OIL AND GAS WELL EXEMPTION Ten Major Federal Retirement Systems. process. We recognize that for projects of 6. Highlights of The Social Security Bene­ It is our und~rstanding that the present long duration with a single unit to be deliv­ raw materials exemption was enacted by fits Decoupling Act. ered, costs and related revenues will need to 7. Section-by-Section Analysis of H.R. 8368. Congress in 1942. As explained in previous be excluded from renegotiation until the hearings, the provision was included in the (Congressional Record, page 213390, July 15, project is completed. 1977.) original act to recognize the fact that the The principal advantage of the completed world market gives the Government imme­ contract method is that it is based on re­ diate access to price information. This ra­ sults as finally determined, rather than on RENEGOTIATION REFORM ACT tionale was formulated long before the pres­ estimates of cost to be incurred on uncom­ ent era of multinational oil companies, pleted work. In our opinion, excessive profits boycotts, etc. can be determined with reasonable certainty HON. JOSEPH G. MINISH only when units are delivered or at contract As the Committee previously recognized, completion. the creation of international cartels, which OF NEW JERSEY control all facets of production, has distorted IN THE HOUSE OF REPRESENTATIVES PRODUCTION LINE RENEGOTIATION the world market price for oil where it no Section 4 of the bill also requires contrac­ longer reflects the true costs of production. Thursday, July 21, 1977 tors to report renegotiable business on the Simple reference to the world commodity Mr. MINISH. Mr. Speaker, in recent basis of division and product line. We believe market, therefore, gives no assurance that this is a much needed reform in the Renego­ contracts for unrefined oil or gas are not months Members of Congress have re­ tiation Act. The current method of renego­ providing the contractor with excessive ceived many communications regarding tiation appears to favor large diversified cor­ profits. H.R. 5959, the Renegotiation Reform Act porations because they can offset the results The theory that the raw materials exemp­ of 1977. of high profit activities against the result of tion would encourage exploration and pro­ Unfortunately, virtually all this in­ low profit or loss activities. We believe this duction of crude oil or gas was an additional tense lobbying has been from special in­ constitutes an advantage over smaller single rationale for the exemption at the time it terests who would rather not see a fair product line firms. Use of a product line ap­ was enacted by Congress. In light of cur­ system of renegotiation operating in the proach would be more effective in minimiz­ rently high oil and gas prices and the scar­ public interest. ing the number of firms that are now escap­ city of these materials, this rationale ap­ ing renegotiation and place both large and pears questionable. Therefore, we concur In order to give my colleagues the small firms on a more equal footing. with the elimination of the oil and gas well benefit of a less biased and more pro­ We do not believe that the requirement for exemption. fessional perspective on this issue, I am division and product line reporting will cre­ KNOWINGLY FAILING TO FILE, AND KNOWINGLY today inserting into the RECORD excerpts ate an administrative burden. Most contrac­ SUBMITTING FALSE INFORMATION from the testimony of the General Ac­ tors maintain their accounting records on a divisional basis and the incidence of multiple We have advocated civil penalties aimed at counting Office on the Renegotiation discouraging delinquent filings and for Reform Act: product lines within divisions is generally not high. We believe that reporting procedures failure of contractors to furnish data or in­ STATEMENT OF RICHARD W. GUTMANN, DIREC­ could be worked out by the Renegotiation formation required by the Board. The pen­ TOR, PROCUREMENT AND SYSTEMS ACQUISI­ Board with the contractors that would min­ alties now included in Section 7 of the pro­ TION DIVISION BEFORE THE SUBCOMMITTEE imize or prevent any additional administra­ posed legislation, in our opinion, should in­ ON GENERAL OVERSIGHT AND RENEGOTIATION tive or reporting burden for contractors. We crease compliance with the act's filing OF THE BANKING, FINANCE AND URBAN AF­ believe that provision should be made to give requirements. FAIRS COMMITTEE the Board" the necessary flexibility to work INTEREST ON EXCESSIVE PROFITS Mr. Chairman and members of the Sub­ out these procedures. Section 8 provides that interest on profits committee: STANDARD COMMERCUL ARTICLES found to be excessive shall begin to accrue· We are here today at the request of your We found that it is not possible to deter­ on the day following the end of the fiscal Subcommittee to pre.::ent our views on the year in which the excessive profit was made. proppsed legislation to revise and extend the mine, on the basis of information available to the Board, the extent to which a con­ We support the provision for interest char­ Renegotiation Act of 1951. As you know, the ges. Since penalties cannot be applied to late General Accounting Office has maintained tractor may have excluded standard com­ mercial articles and services sales with high filers and nonfilers unless their actions are an interest in the renegotiation process proven to be wilful, there is no induce­ through its continuing audits and varied profits and included sales with low prof­ its in its report on renegotiable sales because ment for them to file on time. Rather, con­ assistance to the Subcommittee. tractors stand to gain financially by not fil­ In testimony before this Subcommittee in of the absence of cost and profit data on exempted items. Though the Board has rec­ ing with the Board or by delaying their fil­ June 1975 we outlined and discussed the ings as long as possible. Contractors should findings and recommendations of our study ommended that the Congress repeal this ex­ emption, it lacks the data showing that sub­ not be allowed to utllize excessive profits of the operations and activities of the RenJ­ without paying interest on those funds. gotiation Board. Several of our recommenda­ stantial profits escape renegotiation due to tions have been considered by the Subcom­ the exemption. SUBPOENA POWER mittee for inclusion in your proposed legis­ It is apparent that a significant amount of Section 10 authorizes a majority of the lation on renegotiation. sales has escaped renegotiation in recent Board to issue subpoenas requiring the pro­ We have reviewed H.R. 4082 and, as be­ years due to this exemption, but the amount duction of any records, books, or other docu­ fore, wa:nt to express our strong support for of profits escaping is indeterminate. More­ ments required under this act. We concur in this leglslation. We believe it is constructive over, if the rationale for the exemption as­ the provision. The Board has been faced with and should lead to major improvements in sumes that competition exists for all stand­ the problem of obtaining accurate and com­ the renegotiation process. We welcome the ard commercial items thus insuring reason­ plete information to make its analyses. At opportunity to provide our views on the able prices and profits, it may not be valid the present time, the Board has no practical major issues in the current bill. in all cases. For example, a commercial item means of requiring contractors to provide which is produced by a sole-source supplier timely information which it deems necessary. METHOD OF REPORTING CONTRACTS and which qualifies for the exemption has Although the penalty provision of the act We support the provision in Section 4 that not necessarily been subject to competition, may be imposed when the contractor re­ the percentage of completion method of ac­ and the price quoted in a contractor's catalog fuses to furnish adequate data, the Board counting no longer be used for contracts may include an unusually high profit mar­ must prove that the contractor's refusal was which are subject to renegotiation. One of gin. Yet the existence of effective competi- willful. CXXIII--15421-Part 19 24490 EXTENSIONS OF REMARKS July 21, 1977 ETHICS IN BUSINESS adopted a formal code of ethics for the II. Employees-by clearly explaining their conduct of your business, to construct such duties and responsibilities and our obliga­ a code applicable to your particular enter­ tions to them, dealing with each employee on prise. It would give added weight to your the merits of individual performance as it HON. J. KENNETH ROBINSON resolve if you have your board of directors relates to the overall conduct of the com­ OF VIRGINIA go on record as adopting this code as a pany's business, and in all ways seeking to IN THE HOUSE OF REPRESENTATIVES standard for management to follow. We urge establish a cooperative, safe and satisfying you, further, to publicize the fact that your work environment; Thursday, July 21, 1977 code is applied in all your business dealings III. Creditors and Stockholders-by man­ Mr. ROBINSON. Mr. Speaker, despite and to display a summary of the code, suit­ aging our affairs to fully meet all financial the many matters in which we may differ, ably framed or in plaque form, in those obligations and seeking a profitability that places in your company where the public is will assure our equity investors an adequate in varying degrees, in our thinking and received. return on their investment; actions as Members of this House, all of To assist you to develop a code of ethics IV. Governmental Units and Agencies-by us continue to subscribe, I am confident, for your business, the Chamber's Education complying with applicable legislation and to the concept of a free enterprise system. Committee has drafted a statement (copy regulations while also being constantly and Unfortunately, the mechanics of the enclosed) that incorporates a number of actively involved in efforts to affect legisla­ system are not comprehended adequately points that should be covered. This is not tion and regulations in a manner that best by many citizens. In particular, we are suggested as a code for your business, but serves the basic principles of our free enter­ not doing enough in our educational only as a guideline. If you have questions prise system; about how you might proceed in this im­ V. The Community-by seeking to conduct process, to explain the concept to young portant and urgent venture, contact the our affairs in a manner that is consistent people. Chamber and we will help in any way we with the public interest and that contributes We have to acknowledge, as well, that, can. Write or call Edwin C. Luther, III, who to an environment that is conducive to the defects of human nature being as is Secretary for the Education Committee, healthful and pleasant living conditions for they are, the free enterprise idea becomes and he will transmit your requests for as­ this and future generations. tarnished from time to time by the ex­ sistance to the Education Committee. cesses and indiscretions of some individ­ In today's world it is not enough to in fact uals and groups having roles of respon­ deal honestly and openly with all of our contacts; it is imperative that we communi­ THE HIDDEN COSTS IN THE ADMIN­ sibility in the day-to-day operations of cate our attitudes and actions to the general ISTRATION'S URANIUM RESOURCE the system. public. We must refute false charges as FIGURES Free enterprise obviously cannot func­ energetically as those who create them to tion effectively when adversary relation­ discredit us and convince the public of the ships develop between management and basic values that exist only in a free society. HON. OLIN E.. TEAGUE employee, or between a business and its We must effectively fight the growing flood of propaganda that seeks to portray business OF TEXAS customers. Responsible business people­ IN THE HOUSE OF REPRESENTATIVES and most in business are such, or they do as heartless, inhumane, dishonest and abusive of public interest. If we cannot do Thursday, July 21, 1977 not survive-recognize this. this successfully, those who adamantly and As an excellent example of such aware­ persistently push for a government run econ­ Mr. TEAGUE. Mr. Speaker, one of the ness, I take the liberty of bringing to the omy and society wlll surely emerge the most controversial aspects of the debate attention o.f the House a circular letter victors, and humanity at large will have lost over the Clinch River breeder reactor directed to the members of the Virgina its most important bulwark, the private demonstration project is the amount of State Chamber of Commerce by its presi­ enterprise system, protecting individual domestic uranium resources. The breeder freedom of action, individual self-determi­ dent and the chairman of its education nation. was first justified because it will replace committee, together with the suggested We urge you to join with us in this fight. our dwindling uranium supplies with re­ elements of a code of ethics for officers Do your part to portray a more accurate newable resources-the fuel produced in and employees of a business, as follows: picture of the beneficial role played by busi­ a breeder. Our estimates of electrical VmGINIA STATE CHAMBER OF COMMERCE, nessmen both in meeting human needs in a growth and uranium resources also Richmond, Va., June 14, 1977. more efficient, effective and progressive way showed us that the program on breeders To: Members-Virginia State Chamber of than is possible under any other system and needed to be given a high priority. Commerce. forestall those who would seek to impose As can be seen, the amount of uranium Re: Chamber action on ethics. more and more controls upon us. resources available is significant in this WILLIAM F. MOHR, The members of the Virgina State Cham­ Pr~sident. debate. If there is more uranium than ber, at their Annual Meeting at The Home­ R . PIERCE LUMPKIN, originally thought, then the date of com­ stead on May 13, voted unanimously to Chairman, Education Committee. mercialization can be pushed back. Un­ amend the constitution of the Chamber by Enclosure. fortunately, much confusion reigns over inserting a paragraph under Article II, Sec­ tion I, adding to the purposes of the Cham­ the amount of domestic and foreign ber, the following: CODE OF ETHICS uranium reserves and the extent to which (e) Encourage the dedication to and the SUGGESTED POINTS FOR COVERAGE they can support U.S. nuclear power application of the highest standards of Whereas, it is essential to the survival of a plants in the future. ethical conduct by Virginia as&>ciations, free society that all of its members transact ERDA's estimates of reserves and prob­ business firms and individuals. their affairs with due regard to and respect able additions are 1.9 million tons. Their Recognizing that abuses of the public trust for the rights of others, and possible and speculative reserves are 3.5 and the public interest in business activities Whereas, the private enterprise system is million tons. On the other hand, the Na­ wlll undermine our highly valued private an essential ingredient of a free society and enterprise system by both inviting more gov­ must deserve and achieve the respect, con· tional Research Council study estimates ernment regulation and by giving aid and fidence and support of the public for its sur· that there are 1.8 million tons-with a comfort to those who seek a government vival, and 97-percent probability that the United controlled society, we hope that all Chamber Whereas, only by the strict self-enforce­ States has less than 3.8 million tons-all members will take this Chamber aC'tion very ment of high ethical standards can business­ figures are $30 per pound. seriously. At its quarterly meeting on Oc­ men justify the continued privilege of free­ However, all of these arguments are tober 21- 22, 1976, the Chamber board passed dom of private enterprise, somewhat mooted because a present a resolution calling on the members to act Therefore be it resolved, that the Board light-water reactor can use less ore by toward 'this end, upon adoption of the con­ of Directurs of ------adopts the follow­ stitutional change, as follows: ing Code of Ethics and calls on its officers simply enriching its fuel more. After ex­ Resolved : The Virginia State Chamber of and employees to be guided by it in the con­ amining his proposal, one can see that Commerce, having taken action to modify duct of this company's business: this is what the President does to make its constitution calling for the dedication We pledge to deal fairly, equitably, openly the U.S. reserves supply the 380 LWR's to and application of the highest standards and honestly with: predicted by the national energy plan in of ethical conduct, does urge each of its I. Customers-by representing our prod­ the year 2000. members to adopt a code of ethics and em­ ucts clearly and factually, standing fully be­ By more thoroughly processing the 1.9 phasize its application in the conduct of its hind our warranties, direct or implied, re­ business. sponding to our customers' needs, and in all million tons of domestic ore-that is, re­ In furtherance of this board resolution, we other ways justifying their respect and con­ ducing the tails assay from the present call on all of you who have not as yet fidence; 0.25 to 0.10 percent-ore consumption in July 21, 1977 EXTENSIONS OF REMARKS 24491 LWR's is reduced by about 30 percent. ment and Cascade Upgrading Programs will the American Polish Federation of Lake However, to build the extra enriching produce 28 million separative work units. In County Annual Dyngus Day. addition to that, we would add the 9 million Commander Krupa has also been ex­ capacity to do this would cost at least an separative work units that would come from additional $9 to $10 billion, acc·ording the add-on centrifuge plant, giving a total tremely active in clean up drives, Boy to ERDA. of 37 million separative work units within Scouts, National Council for Encourage­ This startling additional cost was never the existing complex. That is the number I ment of Patriotism, East Chicago Elks, discussed as part of the President's deci­ referred to in the context of operating at a .25 Knights of Columbus, Kiwanis, Moose sion to terminate the Clinch River tails assay. To get to the one-tenth in the and preservation of the Lake County breeder reactor. Yet if the Congress goes existing complex would require an additional Courthouse. along with the President's idea to stretch 18 mlllion separative work units, and that in He has been cited on numerous occa­ total, then, would permit us to operate at sions by almost every civic organization our supplies by enriching the ore we have the one-tenth. that much more thoroughly, the tax­ But Dr. Schlesinger wasn't really referring in Lake County as well as his home post, payers of this country will have to pay to the existing complex. He was looking at American Legion Post 369 of east Chi­ $10 billion more for additional enrich­ future increments of enrichment sometime cago. ment capacity. What is important to between after the fifth plant and then, say, It would be difficult to determine remember is, this is in addition to all of the turn of the century. which of his many accomplishments the capital investment that will be nec­ Mrs. LLOYD. Could you give me an estimate stand above the others as most mem­ essary for the powerplants themselves. on the cost of this, a rough estimate? We're orable. I am sure he is honored by be­ making rough estimates today anyway. ing continuously listed in Who's Who in To further explain this, I have included Mr. VoiGHT. If we were to use 1978 dollars, the portion of our hearing record which we are presently estimating that the add-on the United States as well as being hon­ deals with this added cost: plant would cost somewhere of the order of ored as "Mr. America" for Americanism, Mrs. LLOYD. Dr. Schlesinger, in his testi­ $4.5 bUlion. So if you were to add two addi­ receiving a citation from the American mony to us on Tuesday, assumed that one­ tional increments above and beyond that Security Council for his eloquent and tenth percent tails assay would be reached. you're talking of the order of 9 to 10 billion. articulate editorial on "What's Right This will certainly increase our uranium Mrs. LLoYD. 9 to 10 billion dollars? About America" and his recent citation supply sufficiently to arrange for delay of Mr. VOIGHT. Yes. from the Lithuanian-American Council the breeder program. of Indiana for patriotic activities and What does this mean in terms of enrich­ ment capacity necessary, and what kind of encouragement of anti-Communist ac­ costs would be undertaken for us to attain JOHN KRUPA ELECTED AS AMERI­ tivities. I am also convinced that he was this capacity? What is this going to mean CAN LEGION DEPARTMENT COM­ thrilled in being named Outstanding in terms of more enrichment capacity? What MANDER Legionnaire for the State of Indiana is this going to mean in terms of cost? The last year. I also know that he is over­ only thing that I've ever heard is that the whelmed with love for his wonderful most is two-tenths as a pie-in-the-sky es­ HON. ADAM BENJAMIN, JR. wife, Lee Ann, and his children, Kath­ timate, and Dr Schlesinger referred to one­ OF INDIANA leen, Marilyn Ann, and Sandra Lee as tenth percent tails assay. How are we going to do this? IN THE HOUSE OF REPRESENTATIVES well as his granddaughter, Lisa. But if Mr. NININGER. Madam Chairman, I'm in Thursday, July 21, 1977 we were able to conduct an introspec­ the unusual position of being backed up by tive search, I think these loves and hon­ my boss, Bill Voigt, who is in charge of both Mr. BENJAMIN. Mr. Speaker, the ors would be overshadowed by his great resources and enrichment. State of Indiana, national headquarters love of the United States and the honor Mrs. LLOYD. I'd like to refer it to Mr. Voigt of the American Legion, and the Indiana of being an American, both of which he at this time. Department of American Legion are ex­ defended in time of war. Would you please state your name? cited and joyous over the recent elec­ Commander Krupa is affectionately Mr. VoiGT. My name is William Voight, and I'm Director of Uranium Resources and En­ tion of John G. Krupa of east Chicago known as "John" in Lake County. His richment for ERDA. as department commander. praise has been echoed countless times The statement made by Jim Schlesinger Commander Krupa, long known as by the thousands of people he has helped really related to the possib111ty or the prac­ "Mr. Patriot" in northwest Indiana, has from the priests at St. Stanislaus to Boy ticab111ty of going to a one-tenth tails assay been active in service to the American Scouts, immigrants, and senior citizens in subsequent enrichment plants to be built Legion for the past 34 years and has he has fostered and aided without re­ between now and, say, the turn of the cen­ held office and assignments at the post, quest, and many times without acclaim. tury. Mr. Speaker, John G. Krupa will be a With respect to the three existing plants, district and State levels for most of these the three existing difusion plants, and with years to include outstanding service as great Indiana department commander the add-on centrifuge plant, this would en­ the department congressional delegation for the American Legion because he be­ able ERDA to operate and fulfill its existing liaison officer for 3 years. lieves in and exemplifies the best in commitments of 323,000 megawatts at a tails Commander Krupa has had an illus­ America. His leadership, untiring ef­ assay at about .25 percent. The additional trious career of service in Government forts, and effective communication will enrichment capacity to be added beyond and in community civic activities. For 8 build and revitalize the Indiana depart­ these four plants, say, the fifth, sixth, sev­ years, he distinguished himself as the ment as well as the entire organization. enth or eighth plant, could permit us to op­ erate at a much reduced tails assay. But that clerk of the Lake County Superior and I ask that you join with me to congrat­ is really in relationship, then, to a tradeoff of Circuit Courts and served as president ulate John G. Krupa for his willingness feed versus separative work. of the Indiana Clerks' Association. Dur­ to continue his fight for a better Ameri­ Mrs. LLOYD. Would you repeat that, please? ing that same period, he managed an ca-internally, internationally, and for­ Mr. VoiGHT. It's a tradeoff of feqd versus equally brilliant career as chairman of ever. I know that his recognitions and separative work. In other words, it would re­ the Lake County Central Democratic laurels will continue to grow because he quire more separative work to go down to Committee. will never stop growing as long as there a one-tenth tails assay. In fact, if we were to To recount all of the positions of lead­ is a person in need, his community to im­ operate our complete complex at one-tenth ership and responsibility he has enjoyed prove, or his country to defend. it would require the addition of 18 mUlion separative work units above and beyond the and successfully discharged since his 28 million that will be coming out of the World War II military service would re­ STATE OFFICIALS OPPOSE UNI­ three existing plants, plus the 9 million that quire a full-length book. Suffice, repre­ VERSAL VOTER REGISTRATION would be added by the centrifuge plant. sentative and illustrative is his work of BILL Mrs. LLOYD. I'm going to ask you to go recent years which includes chairman­ slowly with me on that. I don't have the ship of the Lake County Bicentennial background you do. Let's start with 18, okay? Committee; Easter Seal Parade Volun­ HON. TRENT LOTT Mr. VoiGHT. Let me start from where we teers; fund raiser for the Trade Winds OF MISSISSIPPI are today and then add up to what would Rehabilitation Center; chairman of the IN THE HOUSE OF REPRESENTATIVES be required to get to the one-tenth tails American Cancer Society Drive, March assay. Thursday, July 21, 1977 Mrs. LLOYD. All right. of Dimes and Indiana Football Hall of Mr. VoiGHT. The three existing plants Fame: Lake Area United Way Division Mr. LOTT. Mr. Speaker it is fortunate when fully improved by the Cascade Improve- Chairman and founder and promoter of that the U.S. House of Representatives 24492 EXTENSIONS OF REMARKS July 21, 1977 did not act with speed in passing H.R. STATE OF NEW MEXICO, I believe that one who decides to partici­ 5400, the Universal Voter Registration OFFICE OF THE SECRETARY OF STATE, pate in the election process should put forth Santa Fe., May 2, 1977. some effort to qualify as an elector, and Act of 1977. Since this measure was first Hon. HOWARD W. CANNON, I ain sure that the Supreme Court of the introduced on March 22, 1977, it has be­ Chairman, Committee on Rules and Admin­ United States had this in mind when it held come evident that this bill would create istrat.ion, U .S. Senate, Washington, D.C. that one must be registered at least thirty more problems than it would solve. DEAR SENATOR CANNON: The Secretary Of days prior to an election. The measure would not merely make it State, as the chief election officer of the State I am also of the opinion that such legis­ easier for individuals to vote. It would of New Mexico, is opposed to the concept lation as proposed would further compound open up a whole series of problems­ of voter registration on election day. the duties and responsibilities of the elec­ The primary purpose of voter registration tion officials throughout the country, and especially voter fraurl and mass manip­ in addition thereto, would be an invitation ulation of the electorate. systems is to provide rosters containing the names of those who are qualified and eligible for fraud. Recently, the American Conservative to vote according to law. They establish that Sincerely yours, Union took a poll by mail of the secre­ the persons offering to register are United HEBER LADNER, taries of state of the 50 States to get their States citizens and meet all established Secretary of State. opinion on this proposal. The secretaries residency criteria. Voter registration systems of state opposed this measure by almost were originally initiated to safeguard the 3 to 1. Thir~y opposed this proposal, 12 electoral process by preventing multiple vot­ NEW YORK LOOTING-A favored it, and 8 took no position. ing. Election day registration would make PROPHECY FULFILLED The letters received by Vice President it administratively difficult to detect such MoNDALE from the secretaries of state fraud and, once committed, the secret ballot makes nullification of the frau~ulent votes also revealed strong opposition to H.R. impossible. HON. RICHARD L. OTTINGER 5400. Since 1969, the State of New Mexico has OF NEW YORK Fortunately, some of these officials had a comprehensive voter registration sys­ IN THE HOUSE OF REPRESENTATIVES took the time and effort to discuss the tem in which numerous categories of per­ Thursday, July 21, 1977 major defects of universal voter registra­ sons may be appointed deputy registration tion. officers. The system has been liberalized to Mr. OTTINGER. Mr. Spo~aker, the New I enter into the CONGRESSIONAL RECORD the extent that one may call at an indi'~id­ York Times recently carried an excellent letters by: Secretary of State Robert F. ual's home to register him to vote. Voter column by Tom Wicker-"A Prophecy Burns of Rhode Island; Secretary of registration drives are conducted by civic Fulfilled." Mr. Wicker asks: Why was groups and organizations with materials pro­ there so much looting this time when in State Ernestine D. Evans of New Mex­ vided on request by the Secretary of State, ico; Secretary of State Heber Ladner of and voter registration booths are available the last great blackout in 1965 virtually Mississippi. in supermarkets, shopping centers, high no looting or extraordinary violence re­ The letters follow: schools and colleges prior to the registra­ sulted? I believe he offers a depressingly DEPARTMENT OF STATE, tion deadline. accurate assessment. Urban neglect, total OFFICE OF THE SECRETARY OF STATE, It may also be mentioned that election lack of promise for improvement of the Providence, May 2, 1977. day registration is not a statistically valid lot of the poor and, soaring unemploy­ Mr. JAMES C. ROBERTS, solution to voter apathy. In the State of New m~nt of urban youth have resulted in a Executive Director, the American Conserva­ Mexico alone, 165,123 registered voters out of sense of smoldering hostility and their tive Union, Washington, D.C. a total of 504,197, chose not to go to the polls feeling they have no stake in society. DEAR MR. ROBERTS: I am replying to your for the general election of 1974. Yet, these letter of April 26, 1977 in which you ask my same people, when contacted prior to the Sadly, Mr. Wicker concludes our Na­ views on how Universal Voter Registration purge of non-voters, followed up on proce­ tion has now realized the warning of would work in practice. I can only answer dures required to remain on the registration Father Theodore Hesburgh, chairman of for the State of Rhode Island. After c0nfer· books. the National Advisory Commission on ring with scores of people who bear a respon· Since there is no means by which the Civil Disorders set up to assess the vio­ sibili ty to administer elections in Rhode Is· validity of affidavits of registration can be lent urban disorders in the 1960's: land, the answer is almost unanimous-ter• determined on election day, and since the rible! Our nwtion is moving towards two societies, after-election procedures for verifying the one black, one white-separate and unequal. If Universal Voter Registration becomes eligibility and qualifications of those who national policy in Federal elections, the pos­ utilized this system would be time consum­ As Mr. Wicker properly concludes, our sibility of fraudulent voting is obvious. What ing and costly, we oppose the Universal highest priority must go to addressing is not so obvious is the fact that this bill, Voter Registration Act of 1977, as financially the dreadful problems of our cities and if enacted, would destroy the present elec­ extravagant and conducive to fraud. the tensions caused by a 40 to 65 pero~nt toral process used in Rhode Island's state and The Secretary of State of New Mexico does, local elections. Our state election laws as however, support the Congress in its ef­ unemployment rate among black youth, they pertain to registration, residency and forts to suggest ways of coping with the with more than half our unemployment signature identification at the polls, would be problem of voter apathy. We have been in­ rate among all youths under age 25. rendered meaningless. volved for a long time in combatting this A PROPHECY FuLFILLED In my view, the proposal for instant vot­ phenomenon, and have achieved some im­ (By Tom Wicker) ing in Federal elections is a disaster looking pressive results. There is, however, always For all its other fascinating aspects, the for a place to happen. I trust that it does not room for improvement and such new and 1977 blackout of New York City will be re­ happen here. If some states want this type imaginative procedures as may from time membered primarily for the looting and of registration procedure, by all means give to time be developed, will be enthusiastically burning that erupted as soon as the lights it to them. However, Congress should not evaluated. went out and which ultimately resulted in force the plan on states who do not want Sincerely, the arrest of more than 3,700 persons, as well Universal Voter Registration-states like ERNESTINE D. EVANS, as untold property damage and heartbreak­ Rhode Island who can back up their opposi­ Secretary of State. ing losses for innocent merchants. tion to the bill with a solid performance of About the only redeeming circumstance of voter turnouts in past elections. The plan STATE OF MISSISSIPPI, this orgy of violence and pillage was the re­ should be optional, or not at all. SECRETARY OF STATE, strained manner in which the New York Rhode Island had 68 % of its voting age Jackson, Miss., March 31 , 1977. police responded. Despite much violence di­ population go to the polls last November­ Hon. WALTER F. MONDALE, rected against. them, heavily outnumbered and we have safeguards built into the elec­ Vice President of the United States, and as much in the dark as the rest of us, toral process to protect those voters against Washington, D.C. the police still did not resort to indiscrimi­ fraud. I believe that record speaks for itself, DEAR MR. VICE PRESIDENT: This is to nate shooting, yet appear to have done as and Rhode Island does not need the Con­ acknowledge receipt of your letter of March much to restore order as could reasonably gress to tell it how to run elections, whether 19th together with copy of an act proposing have been expected. Since many of the looters Federal, state or local. to establish a Universal Voter Registration appear to have been little more than children, Universal Voter Registration would create Program. a truly tragic outcome may well have been more problems than it would solve. The bill Having consistently opposed even post card averted by police courage and good sense. should either be defeated, or Congress should registration and having read the universal Whether the city can effectively prosecute allow states to opt in or out of the program. voter proposal wherein a person through an all those arrested remains to be seen. So Sincerely, identification card can register and vote on overwhelmed was the criminal justice system ROBERT F . BURNS, election day, I can see no justification for at first that bail was not even set for most of Secretary of State. such an act. those arrested, even though most couldn't July 21, 1977 EXTENSIONS OF REMARKS 24493 have met it anyway; they were _simply re­ our basic conclusion: Our nation is moving "economically or environmentally unsound," manded for trial under a court rule that pre­ toward two societies, one black, one white­ the House has approved all but one and the vents bail in felony cases if the suspect has no separate and unequal." Senate approximate'ly half. fingerprint record. That was 1968. Briefly, the warning seemed This despite the fact that the President This shortcut procedure was not a par­ to be heeded. Then interest waned, hope had previously capitulated on a number of ticularly auspicious beginning for the neces­ died. On the night of July 13, 1977, in equally harmful and extravagant projects, sary prosecution. Nevertheless, the city must Brownsville, Harlem and Bedford-Stuy­ including the $1.6 billion Tennessee-Tombig­ speedily sort out at least the most serious vesant, prophecy was fulfilled. We are two bee Waterway. and sustainable cases, bring them to trial societies, separe.te and unequal. As a careful study by the Environmental and mete out proper sentences. Legal order Defense Funds shows, this project will be all but vanished in some sections of the city of benefit primarily to barge operators carry­ in the hours following the blackout, and if ing coal for export to Japan, at the cost of the criminal justice system now finds itself THE PORK-BARREL CHALLENGE destroying 30,000 acres of hardwood timber unable to deal effectively and fairly with the and 17,000 acres of farmland, of degrading looters and burners, probably nothing so the water system, and of disrupting both the drastic as a blackout will be needed to set off HON. ROMANO L. MAZZOLI economy and the landscape without benefit to the people of several adjacent rural coun­ the next round of pillage. OF KENTUCKY Even so, prosecution is only a small part ties in Alabama and Mississippi. of the problem and-unfortunately-prob­ IN THE HOUSE OF REPRESENTATIVES Of the nine projects that the Senate is ably the easiest of the needed responses to Thursday, July 21, 1977 now trying to push through for full funding make. Why, for example, was there so much over Mr. Carter's objection, no less than eight looting this time when in the last great Mr. MAZZOLI. Mr. Speaker, in today's are located in states whose Senators happen blackout in 1965 virtually no looting or ex­ New York Times, John B. Oakes, senior to be on the Appropriations Committee traordinary violence resulted? editor, has written a very perceptive (seven of them on the public works sub­ The answer has to be more than the con­ piece on the challenge facing President committee), which gives a pretty good idea trast in temperatures of the hot summer of the criterion of judgment used by the Sen­ night of July 13, 1977, and a chill November Carter when the public works appro­ ate in making its evaluation. evening in 1965. For one thing, it was after priations bill hits his desk. One of the nine, the Atchafayala channel­ the 1965 blackout that most of the great The final version of the bill will ap­ ization in Louisiana, is (as charged by vari­ urban riots of the 60's took place, and scenes parently retain 9 of the original 17 wa­ ous environmental experts and the White of looting and burning became a common­ ter-control projects Mr. Carter termed House itself) for the primary benefit of two place of city life in America. What was un­ "economically or environmentally un­ large and highly profitable oil-rig construc­ common, to many unthinkable, 12 years ago tion companies, J. Ray McDermott Inter­ has become part of the peculiar lore of the sound." national and Avondale (subsidiary of the ghetto. One such project reportedly retained Ogden Corporation), to enable them to float The riots of the 60's, moreover, elicited a is the Richard Russell Dam in the district their super-rigs more expeditiously from Mor­ fateful, paradoxical response-at first, con­ of our colleague, BUTLER DERRICK. He gan City, La., out to the Gulf of Mexico. cern, effort, investment. promises, pro­ took a courageous stand against "busi­ This will be at the cost of over $20 million grams by government, business, social agen­ ness as usual" politics by sponsoring the in public funds and destruction of irreplace­ cies, affluent whites, all determined to bring amendment to kill these 17 projects. able wetlands, and interference with major the urban ghetto more nearly into the na­ BuTLER carried President Carter's wa­ shrimp and shell fisheries. tional mainstream; then disaopointment, "Do I have a parochial interest in this?" shock, frustration, at the depth and com­ ter very effectively. Now, he seems to be says Senator J. Bennett Johnston Jr. of Lou­ plexity of the problem, the degree of sacri­ getting a bath as his reward. isiana, a member of the subcommittee. "You fice and discomfort that the task required of I hope the morning line is wrong. I hope bet I do." But does anyone else in the United the white community; finally, resentment President Carter has not given his im­ States except the two shipyards? and retreat. primatur to the compromise the House­ Another such project, estimated to cost Meanwhile, to all its other ravages, the Senate conferees have reportedly settled at least $93 million in public funds, is to Vietnam War was adding a voracious con­ increase the yields of large-scale soybean and upon. rice growers in Arkansas, at the cost of over sumption of resources that might have been More is at stake here than the fate of directed into social and economic invest­ 200 miles of stream channelization, clearing ment in the black, Hispanic and poor white 17 water projects. over 100,000 acres of forested bottomland communities. Glittering promises had been What is at stake here is a profoundly and swamp, with devastating effect on water followed by shattering disappointment, important political question. How Mr. quality, on existing fishery resources, and on smoldering hostilities. Carter answers this question has impli­ one of the most important migratory-water­ fowl areas in America. But Cache Basin is Worse-as the nation plunged in the 70's cations all across the legislative board in Arkansas, home state of Senator John L. into the worst recession since the Great and deep into the future. McClellan, chairman of the committee. Depression, those at the bottom of the eco­ The question: Will the "pork barrel" Then there is the Columbia Dam in Tenn­ nomic ladder suffered the most. And as the continue to dominate Capitol Hill? Will essee, a huge $142-million empire-building slow recovery began and continues, those at proposal of the Tennessee Valley Authority, the bottom of the ladder have benefited the it remain politics-as-usual around here? I hope Mr. Carter displays his a bun­ to create jobs (about as expensively as it can least. The administrative and technological be done) and to promote recreation in an development of the American economy, dan t good sense and courage by vetoing area that needs new lakes and lake frontage moreover, has meant the loss of many of the "pork barrel." If he does, I predict about as badly as the Sahara needs sand. the entry-level or non-specialized .lobs his veto will be sustained in the House This one would eliminate more than 20,- through which the disadvantaged used to and we will have made a significant and 000 acres of productive farmland and would get a chance to better themselves; thus, destroy or modify another 25,000 acres of economic growth, that ancient American auspicious break with the past. The article follows: forest and upland habitat, but it will bring panacea for anything that ails us, will no some temporary dollars to the state of Sen­ longer suffice as a means of extending to THE PORK-BARREL CHALLENGE ator James B. Sasser, a member of the sub­ the poorest and worst-equipped among us (By John B. Oakes) committee. at least a small share of the pie. They If the public-works appropriations bill Applegate Lake, Ore., is to cost $81.5 mil­ aren't needed. emerges from conference with the traditional lion mainly for flood control for future flood­ More than half of the nation's unem­ string of political-grease projects that have plain d~velopment in the River Rogue Basin, ployed are less than 25 years old. Even offi­ already been approved by Senate and House, "in contradiction," the White House points cially, black teen-age unemployment is near President Carter will have only the choice of out, "of established Federal policy for flood 40 percent with some estimates ranging as vetoing the measure, as he has threatened, or plain management," not to mention "po­ high as 65 percent. President Carter's fixa­ of surrendering on both his principles and tential contamination of fish and drinking tion on balancing the Federal budget means the clear-cut public interest. water from the mercury deposits which the economic policies that will not bring un­ For what the old-timers in Congress have project would inundate." But Senator Mark employment below 5 percent by 1980-and done has been to scrape the bottom of the 0 . Hatfield of Oregon is on the subcommit­ that in turn means youthful unemoloyment pork barrel once again, just as though there tee. in the ghetto will remain above 30 percent. was no inflation and no budgetary squeeze To keep the peace with Congress, President Rather than investigating Con Ed, Mr. Car­ on Federal expenditures to meet urgent social Carter will doubtless be asked by his politi­ ter would do well to look into his own eco­ needs. cal advisers to accept the bill containing nomic priorities. To the President's demands that Congress these similar extravaganzas. Surveying the urban chaos of the 60's, eliminate an irreducible minimum of 18 If he does so, it will be a sad and crippling the National Advisory Commission on Civil water-control projects (ultimately costing retreat. For he is the first President in gen­ Disorders issued a plain warning. "This is over $2 .5 billions), each one of which is erations to have faced up to the political 24494 EXTENSIONS OF REMARKS July 21, 1977 and moral corruption inherent in so many did not exceed an average of $11,400 in 1975 This "dependency test" was not imposed on of these projects. for two-earner couples. Clearly, dependent a wife or widow who is 'automatically' en­ To back down now would be a severe de­ wives are a norm of the past. titled to Wife's or Widow's Benefits if her feat for the public, the economy and the Most marriages no longer last forever. In spouse is fully insured. environment, not to mention the surpris­ 1940 the ratio of divorces to marriages per The dependency test was administered ingly large number of members of Congress year was about 1 to 6. In 1975 it was 1 to 2. generally by looking at the income of both (especially the younger ones) who are sick A system grounded in the assumption spouses over the 12 month period preceding and tired of pork-barrel venality and who that wives don't work and marriages last the event that caused the entitlement, i.e. are looking for a way to escape from it. forever runs awry in the reality of today. her retirement, death or disability. Example: the current system disregards the Theoretically, Goldfarb shouldn't affect social security contributions of married too many men: an individual can receive only working womel). by entitling working and one benefit even if entitled to more than EQUAL TREATMENT AND SOCIAL non-working wives to a Wife's Benefit re­ one. Most men who, with Goldfarb, became SECURITY gardless of their past earnings. One woman entitled to a dependent benefit from their works and makes contributions for the same wife's wages, were already entitled to an benefit the woman next door is getting Old-Age Benefit themselves. No doubt their HON. MARTHA KEYS "free." own Old-Age Benefit would be higher than Example: under the current system a a dependent benefit (because women's wages OF KANSAS woman loses all rights to dependent benefits are lower) so Goldfarb should have little IN THE HOUSE OF REPRESENTATIVES if she divorces her husband before 20 years impact. of marriage. The 20-year rule disregards the The only population affected by Goldfarb Thursday, July 21, 1977 contribution of a homemaker to the eco­ would have to be men with no entitlement Mrs. KEYS. Mr. Speaker, I wish to nomic unit during child-rearing years, which to social security prior to the decision be­ insert for the RECORD the following re­ are usually the early years of a marriage. cause ( 1) they did not have the required marks made by Congressman FRASER to­ The increase in the number of divorces dur­ number of quarters to qualify for their own ing the first 20 years of marriage leaves many Old-Age Benefit, and (2) they failed the de­ day before the Social Security Subcom­ homemakers without access to social secu­ pendency test to qualify from their wives' mittee: rity through their husband's wage record, records. Almost without exception, this group Mr. Chairman and Members of the Com­ even though they may have spent their is male government employees married to mittee, I appreciate the opportunity to tes­ prime wage-earning years working in the women fully insured under the social secu­ tify before you. I address my remarks to Title ' home raising children. On the other hand, rity system. III of H.R. 8218, "Social Security Equal a married woman need only 1 year of mar­ The Office of the Actuary estimated that Rights Amendments of 1977," that purports riage behind her before she is entitled to Goldfarb would create 520,000 new bene­ to eliminate gender-based distinctions in wages from her new spouse's record. ficiaries; 300,000 men entitled to Husband's the social security system. Example: the "recency of work" require­ Benefits and 220,000 men entitled to Widow­ The Supreme Court compelled the Ad­ er's Benefits. They also anticipated that half ministration to include an "equal treat­ ment for entitlement to Disability Benefits excludes working women who generally move of these men would apply for benefits in ment" section by recent rulings that old­ FY '77. Actual applications, however, through age survivor and spouse benefits must be in and out of the labor force and may not accrue the necessary 20 quarters of cover­ July 13, 1977, total only 45,000, significantly available to widowers and husbands on the less than the number estimated by the Ac­ same basis they are currently available to age out of th~ 40 preceding the disability. Example: entitlement amounts are based tuary. The Office of the Actuary is currently widows and wives. The Administration "so­ under-going considerable downward revi­ lution," however, is no solution at all. It on average monthly earnings computed for quarters elapsing after the worker (or non­ sion of their original estimates that Goldfarb will deny benefits to many women who, un­ would cost the system $220 million in 1977 der current lav.r (with or without the worker) turns age 21. Zero-earning years Supreme Court decisions), are entitled to of women working in the home pull the and $540 million in 1978. them and it fails to address the full range average down and along with it, their benefit One might note that costs are held down of inequity permeating the system. amounts. because husbands generally don't survive My remarks will review the assumptions Example: the present system prevents a wives-there are fewer widowers than widows of the program as it was developed in the wife from receiving her dependent benefit and women's wages are generally low-a de­ '30's and '40's and point out how these now entitlement (Wife's Benefit) until her hus­ pendent benefit derived from a low wage will out-dated assumption create questions of band applies for his Old-Age Benefit. If he be a very low benefit. fairness. Secondly, I'll review the actions of continues to work after he reaches entitle­ ADMINISTRATION SOLUTION AND ITS CONSE­ the Supreme Court, identifying the popula­ ment age, his wife cannot collect her de­ QUENCES tion affected and the cost of bringing them pendent benefit, reinforcing the notion that Goldfarb creates a problem by providing into the system. Thirdly, I'll describe how a homemaker role is a dependent, secondary access to social security to government work­ the Administration attempts to revise the role from which one need not retire. ers married to women covered by social se­ system to exclude this new population of These examples demonstrate how the pres­ curity. The obvious solution is social security beneficiaries and then identify the actual ent system is "dated" by changing patterns coverage of government employees. Obvious victims of their plan. Finally, I'll discuss of work and family life. None of these situa­ or not, it isn't likely to happen. earnings-splitting as the most comprehen­ tions are addressed by either the Supreme The Administration proposes to re··estab­ sive and practical alternative. Court or the Administration's H.R. 8218. lish a variation of the dependency test for SOCIAL SECURITY AND DEPENDENCY ACTIONS OF THE SUPREME COURT AND ' THEIR Widower's and Husband's Benefits and ex­ Social security was originally developed CONSEQUENCES tend it to Wife's, Widow's and Mother's as a family protection program. The sys­ Prior to a Supreme Court ruling in March Benefits. Extending the test to Mother's tem's architects assumed that most work­ 1975 (Weinberger v. Wisenfeld) a husband Benefits is intended to limit the number of ers were men with dependent wives and of a fully insured woman was not entitled to fathers taking advantage of Wisenfeld. children and that most marriages lasted a father's benefit upon the death of his Instead of looking at income over the 12 through lifetimes. wife while a wife of a fully insured man was month period immediately preceding the In the 1930's and '40's, when protection entitled to a Mother's Benefit if her husband event that causes entitlement, the new test for dependents was added to the list of those died. Since Wisenfeld, a father is able to would consider income over a 3 year period. insured, these assumptions were reasonable. receive Mother's Benefits, if his wife dies. An individual would "pass" the dependency Today, they are out-of-date. The system of However, unlike mothers, fathers st111 are test if s;he were found to be earning less the '30's fits neither the world of work nor not entitled to Mother's Benefits if their (instead of 1,4 th) than the spouse upon whom contemporary economic relationships be­ wives retire or become disabled. Since the s/ he was claiming dependency. tween spouses in the 1970's. Court ruling in 1975, 14,000 widowers applied "Dependency" is an artificial concept in Between 1940 and 1975, the labor force par­ for Mother's Benefits, adding $17 million today's work world and an arbitrary method ticipation rate for married women rose from to the cost of Survivors Insurance. of limiting participation in the social secu­ 15% to over 40%. Half of all married women Prior to Supreme Court decisions in March rity system. A 3 year period plucked from under age 60 were in the labor force in 1975. 1977 (Califano v. Goldfarb and Califano v. entire life-times will not reflect a couple's Presence of children does not stop married Silbowitz, referred to hereafter as Goldfarb J economic relationship. women from working either: in 1975, 52% of a husband or widower had to prove he was Jn addition, women's work lives have al­ wives with school-age children, and 37% of receiving at least one-half of his support ways been more fluid tha.n men's. The those with pre-school children were in the from his fully insured wife (or contributing accepted work role for men is stable and long­ labor force. Their earnings kept their fam­ less than 1,4 to their combined income) to term. A woman moves in and out of the labor ilies out of poverty by contributing over become entitled to Husband's or Widower's force depending on her own and family ne·eds. one-fourth to the total family income which Benefits derived from his wife's wage record. If she makes the wrong move into the labor July f21, 1977 EXTENSIONS OF REMARKS 24495 force 3 years prior to her hus·band's retire­ work side-by-side to keep from sinking into ployment. When she retired (or became dis­ ment, death, or disability, (of which only poverty. abled) she would be entitled to benefits retirement is predictable) she may rlsk her As the Justice Department's Task Force on from her own wage record, developed dur­ dependent benefits. Sex Discrimination notes, "the fundamental ing her 19 years as a homemaker." The real culprits to catch with this depend­ problem with the current social security sys­ "Case 2: The Social Security benefits of ency test are male government employees. tem is its 1nab1llty to cope with the employ­ a. homemaker who becomes disabled. However, following are some of the possible ment patterns of the majority of women, who "Current System: A homemaker is not en­ victims of the plan: are neither full-time homemakers nor full­ titled to disability benefits unless she has "1. Husband (H) worked his entire life in time employees." The Administration plan worked in covered employment at least 5 of covered employment untli age 61 when he exacerbates a problem it purports to alle­ the last 10 years. The family is not Insured lost his job. His wife (W), the same age, viate. against the loss of her homemaker services. "Fraser/Keys: worked periodically at part-time jobs but ALTERNATIVE: EARNINGS-SPLITTING A disabled homemaker may most of the time stayed home raising their be entitled to benefits if she has contributed The Task Force further finds that, "the to her wage record--either from her own three children. When H lost his job, W luck­ current social security system treats the earnings or through the earnings of her ily found a full-time job to keep them going worker as an individual for the purpose of for 4 years until they turned 65. spouse during 5 of the last 10 years." building an earnings record, and as part of a "Case 3: A woman works in the home, "Looking 3 years back to test the "depend­ family unit with "dependents" for the pur­ raising children for several years and then, ency" of W on H, we find that W did, in fact, pose of paying benefits. Almost all of the in­ in mid-life, begins to work in covered em­ earn much more than unemployed H. She equities in the current system can be traced ployment. fails the test and, because she does not qual­ directly to this approach, and almost all of "Current System: Upon retiring, tpe ify for a benefit from her own limited earn­ these inequities can be eliminated by treat­ woman's Old-Age Benefit level will be com­ ings, has no retirement income at all and no ing the family as a. unit for the purpose of puted by averaging her earnings per year dependent benefit when H dies a few years bullding earnings records, as well as for the since 1950. Since she has several zero earn­ later. purpose of paying benefits." This can be ac­ ing, child-rearing years, her average will "2. Thirty-five year old H worked 10 years complished through earnings-splitting. drop considerably and drag her beneft t level in covered employment when he decided to Earnings-splitting is based on the funda­ down with it. go back to school to finish two years left on mental assumption that marriage is an eco­ "Fraser/Keys: If, during her years in the a college degree. W went to work to support nomic partnership. Each partner contributes home, the woman's husband worked in H and their 2 small chlldren. Three years to the economic stability of the unit and covered employment, she would bulld her later, H dies and W applies for a Mother's both enable the income to be earned. Both wage record through his earnings. She would Benefit. should have access to the benefits associated not have zero earning years reflected on her "W fails the dependency test because dur­ with that Income. wage record but a. portion of her husband's ing the three year period prior to her hus­ Various ea.rnlngs-spllttlng plans are un­ earnings instead." band's death, she earned more than he. She der study right now in the Departments of Our plan rids the system of a. depend­ won't be entitled to a Widow's Benefit when HEW and Justice. The Urban Institute has ency concept in adult benefits. When fully she reaches age 60 either, as she would be undertaken research in the area of equal implemented, each spouse. will have his or under present law. treatment, concluding preliminarlly that her own wage record on which to collect earnings-splitting is the most equitable di­ benefits, obviating dependency-based bene­ "3. H and W are divorced at age 55 after rection to follow in ridding the system of fits. 30 years of marriage. During most of 30 years, its sex bias. W worked in the home so has only a few The Fraser/Keys plan would be relatively quarters of covered employment. H worked My wife, Arvonne, and I developed our own inexpensive. We don't create a whole new his entire life in covered employment. After earnings-splitting plan which we first In­ class of beneficiaries. Rather, we redistri­ troduced In the 94th Congress. My colleague, bute benefits equitably. Last February your the divorce, W lives on alimony for a few Committee requested department reports years and then, at age 58, takes a part-time Congresswoman Martha Keys, has found our job. plan constructive and' joined me last Febru­ on the Fraser/Keys blll from Treasury and ary when the blll was introduced in the 95th HEW. The reports with cost analyses are not "At retirement age, W still doesn't have Congress. Since then, 56 other House col­ back from those agencies. However, we do enough quarters to qualify for her own social leagues have expressed their support of this have some Idea. of where the costs would security benefit. She files for a divorced Wife's concept by their co-sponsorship. My office arise. Benefit. The Administration plan makes no has been flooded with mall from throughout First, as a. transition feature, Fraser/Keys provision for how the dependency test would the country requesting information about lowers the age at which a. widow or widower apply to W. What three years would be our plan and offering encouragement and could collect Survivors Benefits from 60 to 50. viewed? Three years prior to retirement age support. The provision is primarily for the benefit of when there was no economic relationship a woman who becomes a. "displaced home­ between the two at all? The Fraser/Keys plan credits each spouse annually with an equal portion of the wages maker" from losing her breadwinner spouse. "4. Anticipating reduced income, 3 years earned by the couple. Through the years they Currently, a woman is entitled to Mothers' before H reaches age 65 his younger wife (of are married, a. couple wm have identical Benefits if her spouse dies and she has a child 4 years) goes in to real estate. W does well wage records. For the years homemakers are less than 18 years of age. When the last child and earns as much asH for the 3 years before not working in covered employment they turns 18, the woman loses benefits and has his retirement and continues working in the would maintain wage records through the no entitlement until age 60. Benefits arc business for another 4 years until she reaches lowered in the Fraser/Keys plan to age 50 retirement age. earnings of spouses who were. Our plan cre­ because a. woman's youngest child would ates portab111ty in social security. Partners turn 18 when the (average) woman was 50. "W does not have enough quarters to be may marry, be widowed, divorce or remarry entitled to her own Old-Age Benefit. She ap­ After a. period of disorientation it Is likely without losing benefits. Ws.ge records belong this woman would go to work. These bene­ plies for a Wife's Benefit and fails the de­ to individuals, not to marriages. Following pendency test because during the 3 years fits would be subject to the earnings limita­ are examples of how our plan would work tion so would be phased out as her partici­ prior to H's retirement, W did not earn less in various situations. than H." pation in the labor force became more In­ "Case 1: The Social Security benefits of tense. In all of the above situations, the people a woman who was married and a home­ This provision is a. transition fea.ture. As denied benefits under this dependency test maker for 19 years and then divorces. noted earlier, after full implementation, all are not denied benefits under present law "Current System: The woman loses any adults would have their own Social Security and were not denied benefits before either entitlement to Social Security benefits from wage records built upon their own life experi­ Goldfarb or Wisenjeld. None of them are male her husband's wages because she was not ences of working in covered employment or government employees. All of them are wom­ married for 20 years. being married to someone who has a work­ en. In none of the examples is a 3 year "During her 19 years working in the home life in covered employment. dependency test relevant to the life-time she developed no wage record of her own economic relationship of the couple. The cost of this provision could be esti­ from which she could derive her own Old­ mated by computing the number of widows The Court in Goldfarb classified "depend­ Age Benefit. She is left with nothing. If she between the ages of 50 and 60 ( 1.4 million ency" in the social security system as an "old had lasted in her marriage another year E:he in 1970) who also are not disabled, not en­ notion" and "archaic." People simply aren't would have been entitled to a Wife's Benefit titled to benefits under the present system economically dependent on each other for from her former husband's wage record when and have no children under age 18. The whole life-times anymore. Workers of both she reached retirement age. group's average income could be used to esti­ sexes move in and out of the labor force: "Fraser/Keys: The woman, during her 19 mate the degree to which they would use couples exchange chlld-rearing and bread­ years as a homemaker, would have been Survivor's Benefits. We do know that the winner roles, they put each other through developing her own wage record through the median Income of widowed women between school, they face unemployment, or they both wages of her spouse working in covered em- the ages of 35 and 64 in 1975 was $13,700, 24496 EXTENSIONS OF REMARKS July 21, 1977 earnings too high to withstand the earnings NINTH CENTENARY OF BAYEUX, the Cathedral of Bayeux, the City of Bayeux, test. FRANCE and the spirit and nation of France. Second, Children's Benefits are also af­ fected. Under the present system, children are entitled to benefits if an insured parent FEDERAL FUNDS FOR ABORTIONS retires, becomes disabled, or dies. The present HON. DAVID W. EVANS system prevents any beneficiary from receiv­ OF INDIANA ing more than one benefit regardless of the IN THE HOUSE OF REPRESENTATIVES HON. DON EDWARDS number of entitlements. OF CALIFORNIA Thursday, July 21, 1977 The Fraser/ Keys bill lifts this prohibition IN THE HOUSE OF REPRESENTATIVES to allow children to receive benefits from Mr. EVANS of Indiana. Mr. Speaker, I Thursday, July 21, 1977 both parents' records. Since fam111es with would like to take a moment to report both spouses present will have been income to the Congress of the United States that Mr. EDWARDS of California. Mr. splitting, their wage records will be similar. Speaker, I wanted to call to the atten­ If both parents either die, retire, or be­ my participation in the Ninth Cen­ come disabled, each child would receive a tenary of Bayeux, France, truly indicated tion of my colleagues an excellent article benefit from both wage records. Total bene­ to me that our country has a devoted ally by David s. Border on the subject of fits would still be subject to the Family in France and true friends in the people Federal funds for abortions. The article Maximum. of Bayeux, Normandy. As the first city in appeared in the Washington Post on Cost of this provision can be determined Europe to be liberated after D-day, July 20. by computing the number of children less June 6, 1944, the residents of Bayeux are Mr. Broder points out the inherent in­ than age 18 (or students less than age 22) equity of placing restrictions on the use who have parents who both are either re­ freedom-loving supporters of the Amer­ tired, deceased, or disabled. ican people. of Federal funds for abortion. Denial of Finally, Disability protection would be ex­ The near-by American cemetary at access to safe, legal abortions will have tended to homemakers. Under the present Omaha Beach is a most moving site for tragic consequences for low-income system, a woman working in the home, almost a half million visitors per year. women. though married to a man working in covered The thousands of American soldiers I hope my colleagues will carefully employment, is not entitled to Disab111ty buried on this piece of American soil are consider Mr. Broder's comments on this Benefits. sensitive issue. Cost of this provision could be estimated all valiant men who fought and died to by learning the number of disabled home­ preserve freedom in its hour of greatest The article follows: makers less than 65 years of age with spouses need. I was humbled to have participated [From the Washington Post, July 20, 1977] protected by Disab111ty Insurance. We antic­ in a wreath laying ceremony to honor THE UNFAmNESS OF SAYING, "LIFE Is UNFAm" ipate there would be few. those soldiers. Everywhere I went and at (David s. Broder) CONCLUSIONS each event in which I was honored to Like most politicians who were on their Mr. Chairman, the Administration method participate there were French people who way up in the early 1960s, Jimmy Carter has of "desexing" social security is destructive. honor freedom and who are friends of a well-developed case of Kennedy envy. It It won't work, it defies reality, it avoids the this Nation. turns up in everything from his hairdo to range of issues that need be addressed by I would like to share with my collea­ his speech. So it was not altogether surpris­ equal treatment plans. I believe it is sense­ ing that when pressed for his views on the less to set up the complicated and costly gues a part of an address I delivered to equity of recent abortion decisions by Con­ administrative mechanism this dependency representatives of France, England, and gress and the Supreme Court, President Car­ test requires, only to dismantle it a few years Germany who were present in Bayeux: ter fell back on Kennedy's famous observa­ from now in favor of another more thor­ I am pleased to be, here this evening as tion that "life is unfair." ough and thoughtful approach. the Representative of the United States Con­ Judy Woodruff of NBC, referring to the Instead, I urge the Committee to consider gress. There is a familiar phrase which I feel legislative and judicial actions against Medic­ the merits of earnings-splitting. I realize is most appropriate tonight, "Everyone has aid payments for abortion, asked: "How such a reform is beyond the scope of H.R. two countries, his own and France." Espe­ fair do you believe it is that women who can 8218. However, the limited reform proposed cially, this is true in view of the historical afford to get an abortion can go ahead and in the Administration plan further en­ significance of Bayeux to freedom-loving have one and women who cannot afford to trenches dependency in a system that has people throughout the world, and also since are precluded from this?" out-grown the concept. Accepting the Ad­ it is a location where so many American Carter replied: "Well, as you know, there ministration plan is a retreat from progress. soldiers gave their lives to preserve freedom are many things in life that are not fair, I urge you to require, in place of the for all the people of Europe. that wealthy people can afford and poor peo­ "Revised Test for Dependent's Benefits•• in It is most fitting that today, July 14, is ple can't. But I don't believe that the fed­ H.R. 8218, that the Department of Health, your day of national liberty, and that we eral government should take action to try Education and Welfare establish a Task Force give it proper recognition. It is also proper to make these opportunities exactly equal, to study earnings-splitting and develop rec­ that we recogmze, today. the important role particularly when there is a moral factor ommendations with the Justice Department's of the Church in French history as we espe­ involved." Task Force on Sex Discrimination. Both cially honor your own Cathedral. Carter did more than borrow John Ken­ agencies have already developed favorable I see here, now, the similarities of yester­ nedy's words; he wrenched them out of con­ analyses of earnings-splitting, leading each day and today between our two countries. We text. When Kennedy said "life is unfair," to intensify their preliminary work. The Task all take pride in our friendship of today and he was responding to the complaints of Army reservists mobilized during the Berlin crisis. Force could report findings back to the Com­ that past history. There are also diversities, mittee in six months. He was not talking about the 350,000 poor however, between our different countries in women--one-third of them teenagers-who The Administration anticipates a cost of certain policies which we advocate today. But $70 million to administer their dependency last year sought government aid in ending we still remain friends and allies and that is unwanted, sometimes dangerous, pregnan­ test in its first year of operation. The Office important and necessary while we work out of the Actuary estimates the savings from the our difficulties. cies. test will be less than $100 million in its first A nation-or a President-that cannot dis­ Even within my own country of the United tinguish between the inevitable inequities in year, not considering the administrative States there are differences between our new costs. Net savings then, will be less than $30 a military mobilization and the deliberate President and the Congress, but it is recog­ decision to deny help to a pregnant teenager million, only .03 % of total OASI benefits nized that there must be a relationship and paid in one year! is a nation that has lost its way. While I do not want to undermine the seri­ that it must be one of cooperation. So, too, Some members of the House tried to say ousness of the system's diminishing base, I must the international relations of our coun­ just that, in arguing unsuccessfully against suggest that the relative miniscule savings tries be based on mutual recognition of the Hyde amendment, which denies federal and devastating effects of the plan leave us similarities and differences. Apart and with­ funds for abortion, even in the case of incest better off doing nothing in the interim be­ out that needed understanding our nations or rape or to save a mother's life. tween now and sound reform. are less flreat and less secure and the free Rep. Parren J. Mitchell (D) of Baltimore, I encourage you to demonstrate your w111- world suffers more than when we are united the head of the Black Caucus, told of visit­ ingness to address equal treatment problems in purpose. ing a patient at Brownsville State Hospital for the mentally ill, the victim of a rape who in the social security system by suspending The most important goal upon which our went through an illegal, back-alley abor­ action on Goldfarb and Wisenfeld. An HEW nations are agreed today is that goal which tion. "She is still there," he said, "paranoid, study of earnings-splitting anticipates sub­ is illu<>trated so well by the statue on top of detached, aliena ted, not even a woman, be­ stantive Committee action on equal treat­ the Colonne de Juillet, the "Genie de la cause we permitted an illegal abortion to ment in the near future. Liberte." The United States Congress salutes take place, a brutal, vicious assault on her." July 21, 1977 EXTENSIONS OF REMARKS 24497

Others were not so sympathetic. Rep. papers and listening to the evening news CAMBODIA: MOST BRUTAL DICTATORSHIP Eldon Rudd (R) of Scottsdale, Ariz., few of that there is a dearth of news in South­ (By Jack Anderson and Les Whitten) whose constituents need help from the gov­ east Asia. The strategic peninsula is The uproar over human rights has ignored ernment, found it as easy as Carter to dis­ the world's most brutal dictatorship. Adolf miss the concern about "discrimination rarely mentioned. It is as if nothing is happening behind the new Bamboo Cur­ Hitler at his worst was not as oppressive as against the poor." the Communist rulers of tiny Cambodia. "By that logic," he said, "taxpayers can tain. In a nation of 7 million people, an esti­ be forced by Congress to pay for poor people It is tempting, given the trauma of the mated 1 million have already died from mis­ to have faceliftings, hair transplants, ex­ collapse of Indochina, to lapse into the treatment and executions. But the entire pensive cars and tickets to the Kennedy negativistic assumption that because our populace has been enslaved in a fashion Center." allies were defeated, both we and they that violates every international standard of If "a woman has a right to control her were wrong and bygones should be by­ human conduct. Only the Communists have own body," Rudd said, "let her excercise any rights in Cambodia. control-before she gets pregnant." gones. It is also easy, in the absence of the constant and critical media coverage They have tried, with frightening success, It was such comments as these that caused to hide their horrors from the world. They Rep. Elizabeth Holtzman (D) of Brooklyn to to which our allies were subjected dur­ have sealed off their country tightly. The remark that the Hyde amendment would not ing the fighting to forget about those borders are mined and patrolled. prevail if the House had 417 women and 18 countries today-about their citizens, Only nine nations have opened embassies men, instead of the reverse, as is the case and their lives and well-being. in the capital city of Phnom Penh. Yet these today. To many who would like to pretend diplomats, most of them Communists from Ironically, a few days after this debate. that this Nation was never involved in friendly countries, are restricted to a street Holtzman's district was one of those ravaged Southeast Asia, this may be convenient. about 200 meters in length. When they wish by looters in the New York blackout, a re­ to conduct official business, they are picked minder to Carter and the rest of us that the It is also, however, an abrogation of our up in a government car and escorted to their social consequences of unwanted, uncared­ responsibility-both as a nation which destination. for children are felt by everyone-not just was long at the center of Southeast Asian Yet a few refugees managed to escape, their mothers. developments, and as a nation which is some of them after harrowing experiences. The comment that capsuled my own -re-: today seeking to reassert its Moral They told essentially the same story about action to the debate came from Rep. Charles leadership in the world. Our history and the conditions they had left behind. Some Rose (D) of Fayetteville, N.C., where Carter's our present status require that, at the even brought out bootleg photographs of the sister lives. very least, we closely monitor events in atrocities. Rose is just about as radical as you would that part of the world and criticize the We picked up their stories from intelligence expect the head of the congressional Rural excesses and brutalities of the Com­ sources and began publishing them as early Caucus to be. But after listening to the munists. as June, 1978. But U.S. intelligence agencies House debate, he said: "I cannot believe were hesitant to accept the word of refugees. what I have heard ... If your religious con­ On Thursday, July 21, a very revealing All other intelligence channels had been victions tell you abortion is wrong, honor and, I think, disturbing article appeared effectively cut off. them. But do not impose on the poor women in Jack Anderson's column in the Wash­ But the reports can no longer be dismissed. of this nation this kind of strapping dis­ ington Post. It is title is "Cambodia: Too many independent witnesses have now crimination." Most Brutal Dictatorship," and it deals reached the outside. The story of the brutal Like Rose, I believe one must honor the with the current situation in a nation Cambodian repression, therefore, can be told deep convictions of those who oppose abor­ which was once a close friend of the with authority. tion on moral grounds. One must respect It began even before the Communists the Fiolding of the Supreme Court that there United States. The magnitude of the genocide being perpetrated in Cam­ swept to victory in April, 1975. Some of the is no clear constitutional mandate requir­ last classified cables out of Cambodia re­ ing federal- or state-financed abortions. bodia is only now coming to light, and ported that the Communist guerrillas had But one must also remember what we are as of today still has not received the turned upon the civilian population with a talking about. The amount of money in­ coverage and publicity it deserves. sudden savagery. volved here is $45-million-exactly what the This is murder and repression on a The last American ambassador, John Gun­ taxpayers provided last fall to finance massive scale; it is brutal, it is sys­ ther Dean, gave Washington this secret Carter's and Gerald Ford's general election tematic, it runs counter to every funda­ assessment of the Communist ruthlessness: campaigns. mental human value. Much is said today, "Inquiries as to motives of the KC [Com­ Those campaign funds were not there be­ munists] have produced a similarity or re­ cause everyone in America thought that was particularly in Washington, criticizing sponse, with the answers varying only in a good idea. They were available because the human rights policies of nations degrees of sophistication. Congress provided a voluntary checkoff 011 friendly to the United States. Why is "The refugees express the view that the the tax form-which less than one-third of there such anominous silence when deal­ KC forces control most of the land area the taxpayers used. ing with the monumental mass murder but need more people. The attacks are seen Jimmy Carter is in the White House today which is taking place in a formerly allied by the refugees as enemy punishment in­ because of those funds. And from that posi­ nation? flicted on them for rejecting KC offers to tion, he says it is no business of his to help At least in part, this is an embarrassed come over to the KC side." find a way-a constitutionally permissable Many of the Khmer Rouge soldiers were and morally acceptable way-for equivalent silence-because what is happening in young, illiterate and so unsophisticated, ac­ funds to be used to help programs, needy Cambodia today is a profound embar­ cording to refugee accounts, that they were women. rassment to those in this country who frightened of food that came in bottles and Life is unfair, all right. But, as Carter also hailed the Khmer Rouge as righteous, tin cans. They were also consumed with used to say in the campaign, "It is not the nationalistic liberators, rather than the uncontrollable hatred. people in positions of power who suffer when mass-murderers they are. Within hours after they swarmed over the government makes a mistake." Phnom Penh on April 17, 1975, the wholesale We can ignore this, and other cases slaughter began. These were not the ravages, of totalitarian repression, only at our however, of undisciplined troops gone wild. own peril. If we are indeed to be the On the contrary, they were part of a deliber­ moral leaders of the world, then we must ate, disciplined campaign to remake the DEAD CAMBODIANS AND HUMAN society from the ground up. RIGHTS keep both eyes open to the world around and not turn a blind eye to those sit­ First, the civilian populace was ordered us, out of the cities. Hestitation brought instant uations which are embarrassing or which death. The people were herded into death HON. ROBERT K. DORNAN we would otherwise like to ignore. marches, without food or water, into the OF CALIFORNIA Mr. Speaker, I insert Mr. Anderson's countryside. At the end of the death marches, the IN THE HOUSE OF REPRESENTATIVES column in the RECORD. I ask the Members to take 5 minutes of their time to read harassed people were organized into small Thursday, July 21, 1977 villages called "peasant cooperatives" and this ·piece, and thereby become more were put to work planting rice, building Mr. DORNAN. Mr. Speaker, one would aware of the true nature of the foes dikes and digging canals. Families were think from reading the major news- which this country faces: separated and marriages forbidden. 24498 . EXTENSIONS OF REMARKS July 21, 1977 The Khmer leaders, meanwhile, grimly be­ And so today, although I am unable to from the University of Dayton. On May gan purging every trace of the old culture join the vigil in Philadelphia, I add my 28, 1960, he was ordained into the priest­ and foreign influence. Orders went out to execute doctors, teachers, anyone with an voice to the concerns being raised by the hood, the first black person to achieve education, anyone who could read or write. Christians and Jews of conscience who this position from the city of Cleveland. Every soldier above the rank of private in gather in the shadow of Independence Father Wilson continued his scholarly the old army was sentenced to death. Hall to demonstrate their outrage against pursuits, having attended both Detroit By the thousands, Cambodians were drag­ government policies which have forced University and Purdue University. He ged out of their villages to be shot, stabbed the tearing apart of many families such has also completed a masters degree in or bulldozed alive into mass graves. as the Scharanskys. library science at Catholic University in The number of executions, apparently, has Taking part in the Philadelphia vigil Washington, D.C. now fallen off. People are given verbal His assignments as a priest in the reprimands for stepping out of line or falllng are the ReveTend Richard Firster, direc­ to show the proper "enthusiasm", for the tor of Judeo-Christian relations for the Society of the Precious Blood included revolution. After three such reprimands, ac­ American B9,ptist Churches of Pennsyl­ the assistant pastorship at St. Adalbert cording to refugee reports, the errant citizen vania and Delaware; Rabbi Richard Le­ from August 1961 to August 1963, In­ simply disappears. vine, president of the Board of Rabbis of structor and librarian at Brunnerdale Rice is rationed; the current measure is Greater Philadelphia; I. Jerome Stern, Seminary in Canton, Ohio from 1964 to half a tin can per person each day. Fam111es president of the Federation of Jewish 1969, and copastor and pastor at St. are st111 kept separated. Marriages are now Adalbert's since 1969. permitted, but a love affair can be a capital Agencies; Sol Fisher, president of the offense. Jewish Community Relations Council; As I mentioned earlier in my remarks, There is no monetary system, everything is my wife, Gladys Eilberg, a member of the Father Wilson has been extremely ac­ obtained by barter. There is no education executive committee of the Soviet Jewry tive in community affairs. He has served system, no telephones, no newspapers. Three Council of JCRC; and Sister Gloria Cole­ on the Board of the Catholic Inter­ short propaganda messages are broadcast man, director of ecumenical and inter­ Racial Council of Cleveland, the Com­ dally. religious affairs for the cardinal's com­ mission on Alcoholics, the Board of The cities remain virtually empty. Phnom mission on human relations of the arch":' Trustees for Ohio Boys Town, and is a Penh, once a bustling city of 3 m11lion be­ member of the Fairfax Foundation. He fore the Khmer Rouge came, now has a diocese of Philadelphia. population around 50,000. is also the vice president of the Inter­ denominational Ministerial Alliance, chairperson for the C .P .P .S. Inner City FATHER GENE R. WILSON: MAN OF Black Caucus, dean and diQcesan con­ CHRISTIANS AND JEWS IN PHILA­ THE PEOPLE sultor to the Bishop of Cleveland and DELPHIA HOLD VIGIL FOR SCHA­ spiritual director of the Black Lay RANSKY Catholic Caucus of Cleveland. HON. LOUIS STOKES Mr. Speaker, on Friday, July 29, 1977, OF OHIO a dinner will be held in Father Wilson's HON. JOSHUA EILBERG IN THE HOUSE OF REPRESENTATIVES honor in the grand ballroom of the Cleveland Plaza Hotel. Parishioners, OF PENNSYLVANIA Thursday, July 21, 1977 friends, associates, and leading citizens IN THE HOUSE OF REPRESENTATIVES Mr. STOKES. Mr. Speaker, I rise on of Cleveland will be on hand to pay trib­ Thursday, July 21, 1977 this occasion to pay tribute to one of ute to Father Wilson in recognition of Mr. EILBERG. Mr. Speaker, this morn­ Cleveland's outstanding religious and the exceptional role he has played in the ing in Philadelphia, which I am priv­ community leaders, Father Gene R. life of our city. Mr. Speaker, I feel that ileged to represent in Congress, a coali­ Wilson, pastor of Saint Adalbert-Our it would be fitting for you and my col­ tion of Christians and Jews began a 2- Lady of the Blessed Sacrament Church. leagues in the House to join with me in day vigil to protest the imprisonment by Father Wilson has devoted so much of lauding Father Wilson and congratulat­ the Soviet Government of Jewish activist his time and energy to the social and ing him for his years of devoted service. Anatoly Scharansky. economic advancement of Cleveland's As a man of Goo and a man of the Mayor Frank L. Rizzo has proclaimed inner-city neighborhoods. In both secular people, we are grateful to have had him the period of July 21-22 as Anatoly and religious affairs, he has provided the by our side. I am sure that I can speak Scharansky Freedom Days to help focus type of guidance and thoughtful leader­ for thousands of citizens in Cleveland public attention on the plight of this ship which is so sorely needed in our when I say not "goodbye" but "farewell courageous young man. city. for now" for we all feel confident that For me, Mr. Speaker, the ·vigil has a Mr. Speaker, Father Wilson will be he will return to continue his excellent deep personal meaning, because I had leaving St. Adalbert's Parish after 11 work in an even greater ecclesiastical the honor of meeting Anatoly nearly 2 years of dedicated service. This comes capacity. years ago when members of the House as a great loss to Cleveland. So that my subcommittee which I chair traveled to colleagues in the U.S. House of Repre­ the U.S.S.R. sentatives can familiarize themselves OIC OF RHODE ISLAND, INC. Anatoly served as one of our transla­ with Father Wilson's notable career, I tors, and my colle~gues and I were tre­ would like to relate to you some of the HON. FERNAND J. ST GERMAIN highlights of his life. mendously impressed by the bravery he OF RHODE ISLAND demonstrated in meeting with us to tell Father Gene Wilson was born on May IN THE HOUSE OF REPRESENTATIVES us of the latest harassment against 18, 1928, in Charleston, W. Va., the son Soviet Jews. of Luther Lee Wilson and Hilda Lawson. Thursday, July 21, 1977 Since that time, I have met Anatoly's In 1928, the Wilson Family moved to St. Mr. ST GERMAIN. Mr. Speaker, on wife, Natalia, who lives in Israel. They Clairville, Ohio and then on to Cleve­ July 19, it was my privilege to vote with have been cruelly separated for some 4 land in 1929. As a youngster, Father an overwhelming majority of my col­ years now by an arbitrary Soviet policy Wilson was educated in the Cleveland leagues for the conference report on H.R. which forced Natalia to leave for Israel public school system and spent time 6138, youth employment and demonstra­ without her husband. studying for the religious life at College­ tion projects. I came away from these meetings, Mr. ville, Minn. and also with the Graymoor Passage of this bill has particular sig­ Speaker, convinced more than ever that Friars in Garrison, N.Y. In 1950, he nificance for me and for Rhode Islanders we Members of Congress must continue began his studies with the Society of because it allows a program which has to raise our voice against the violations the Precious Blood at Brunnerdale brought so much benefit to our State to of human rights guaranteed by inter­ Seminary in Canton, Ohio. During this continue and to grow. national law to the Scharanskys and time, he also attended St. Joseph Col­ The Oooortunities Industriali7.ation their fellow activists. lege and received a B.A. in liberal arts Center of Rhode Island, Inc., established July 21, 1977 EXTENSIONS OF REMARKS 24499 in 1968, has brought new life into youth lie Building Projects-Standing of State to ration in public buildings and structures. Sue.-The State of I111nois, as a purchaser Most of the building project contracts were training and diversionary programs, so of buildings and structures containing alleg­ awarded pursuant to competitive bidding that those young people who had for so edly price-fixed concrete blocks, had stand­ based on plans and specifications setting long been excluded from the mainstream ing to sue the producers of the blocks even forth the amount and type of concrete block of life in terms of employment and in­ though the State had made no direct pur­ required. The bids submitted included the volvement can now feel a part of the chases from them. In private suits seeking cost of the concrete block purchased from system and share in the possibilities for to vindicate rights conferred by Congres­ the manufacturer or masonry contractor. sional enactment, the State had to show an Thus the plaintiffs were not the first pur­ success. chasers of the concrete block although they OIC, in a relatively short time, has injury in fact that was "arguably within the zone of interests to be regulated by the alleged that the cost of the product was accomplished the impossible in bringing statute.'' Whatever difficulty the State might pas.oed on to them. together those from the business and have in proving injury did not require that Ultimate consumers professional communities with members the suit be dismissed. Furthermore, appro­ Defendants moved for summary judgment of the disadvantaged and poor commu­ priate means could be found to avoid double against all plaintiffs that were not- direct nities within our society, to the mutual recovery by both the State and building e

Crystal Sugar Co. [ 1948-1949 TRADE CASES Analysis of defendants' cases does not lead U 72,822], 395 U.S. 642, 648; In re Western U62,251), 334 U.S. 219, 236, where the Su­ to a different conclusion. Defendants rely Liquid Asphalt Cases, supra, 487 F.2d at preme Court noted that the Sherman Act primarily on Hanover Shoe, Inc. v. United 199), and any decision thereon is an ad­ "does not confine its protection to consumers Shoe Machinery Corp. [ 1968 TRADE CASES judication on the merits. Cf. Sierra Club v. or to purchasers, or to competitors, or to U 72,490], 392 U. S. 481. In that case, the Morton, 405 U.S. 727, 741. Although in sellers * * *. The Act is comprehensive in Court held that first-line purchasers could Mangano and Commonwealth Edison the its terms and coverage, protecting all who recover for antitrust violations even if the facts were sufficiently clear early in the liti­ are made victims of the forbidden practices purchaser passed on the cost of the product gation to permit resolution of the case on a by whomever they may be perpetrated." 5 attributable to the anti-competitive practice. motion to dismiss or for summary judgment, No subsequent decision of that Court has 392 U. S. at 488. However, the Court did not in the instant case they are not. confined the treble damage remedy to direct enshrine privity as a requirement of recovery Double Recovery consumers. The sweeping language of the under the antitrust laws. See In re Western statute and the policy encouraging private Liquid Asphalt Cases, supra, 487 F. 2d at 196- We do not believe that the difficulty plain­ enforcement of the antitrust laws persuaded 198; Boshes v. General Motors Corporation, tiffs might have in proving the injury re­ us that if plaintiffs can prove a violation supra, 59 F. R. D. at 592-596. Although the quires us to dismiss the suit. Nor do we be­ which resulted in an injury to them, they Court noted that more remote purchasers lieve that dismissal is warranted because ought to recover. See Hawaii v. Standard Oil might have difficulty in establishing the re­ both the immediate purchasers and the Co., supra, 405 U.S. at 262; Zenith Radio lationship between the antitrust violation plaintiffs in this case might recover damages Corp. v. Hazeltine Research, Inc. [1969 TRADE and the injury suffered, we do not believe from the defendants. As Judge Carter CASES ft 72,800), 395 U.S. 100, 130-131. Hanover Shoe precludes those purchasers pointed out in In re Western Liquid Asphalt Cases, supra, 487 F. 2d at 200-201, according Precedent from ever recovering. The Third Circuit's per curiam opinion in standing to ultimate purchasers need notre­ Although the Supreme Court has not de­ Mangano v. American Radiator & Standard sult in double recovery because appropriate cided the issue presented here, the two Sanitary Corp., [ 1971 TRADE CASES U73,477], means can be found to apportion any dam­ courts of appeals that have squarely con­ 438 F. 2d 1187 ( 1971), is cited by defendants ages that might be assessed. sidered the problem have held that ultimate in favor of the summary judgment below. To the extent that the district court held consumers are within the reach of the treble However, a careful reading of Mangano that these plaintiffs, as opposed to ultimate damage statute. In In re Western Liquid shows that the affirmance was based on "the consumers in general, lack standing, we dis­ Asphalt Cases [ 1974-1 TRAD:E CASES U 75,081) district court's sound discretion to dismiss agree. The plaintiffs here have alleged an 487 F. 2d 191 (9th Cir. 1973), certiorari the actions of the present appellants solely injury in fact and are within the target area denied sub nom. Standard Oil co. v. Alaska, for inexcusable failure to answer inter­ of the Sherman and Clayton Acts. They have 415 U. S. 919, the Ninth Circuit noted that rogatories" (438 F. 2d at 1188). More sig­ shown that they were "within the area of Congressional policy favors the allowance nificantly, the failure to answer the interro­ the economy which [defendants] reason­ of recovery to plaintiffs who can prove both gatories revealed plaintiffs' inability to show ably could have or did foresee would be en­ the occurrence of an antitrust violation and that the alleged antitrust violations were the dangered by the breakdown of competitive that they thereby incurred substantial dam­ proximate cause of the injury to the plain­ conditions." In re Western Liquid Asphalt age. The Court refused to confine standing tiffs.7 Cases, supra, 487 F. 2d 199. ·under Section 4 of the Clayon Act to first­ Our decision in Commonwealth Edison Co. The judgment below is reversed insofar as line purchasers or more remote consumers v. Allis-Chalmers Mfg. Co., supra, is dis­ it grants summary judgment on Counts I who bought goods subject to a cost-plus tinguishable on an identical rationale. In and II against indirect purchasers of con­ contract. Similarly, in Armco Steel Corpora­ part, that decision was based on Keogh v. crete block with costs to plaintiffs-appeal­ tion v. State of North Dakota [ 1967 TRADE lants. CASES U 72,058), 376 F. 2d 206 (8th Cir. 1967), Chicago & North Western Railway Co., 260 the court held that because unlawfully fixed U.S. 156, which held that complaints against prices could injure the ultimate consumers, legally established regulated rates must North Dakota should be permitted to recover first be addressed to the regulatory agency. $258,255 on its indirect purchases of metal 315 F. 2d at 567. See United States v. Radio LET'S GIVE THE FBI A CLEAR products eventually used in state highways. Corporation Of America, [ 1959 TRADE CASES MANDATE The District of Columbia, Second, Fourth, U 69,284], 358 U. S. 334, 346-347. However, Fifth and possibly the Sixth Circuits also like Mangano, the decision in Commonwealth seem hospitably inclined to the rule that Edison also rests on the failure to prove that the violations damaged the plaintiffs. Be­ HON. EDWARD J. DERWINSKI ultimate purchasers may sue under Section 4 OF ILLINOIS of the Clayton Act to recover damages in­ cause the rates were set by an independent curred as a result of a price-fixing con­ regulatory agency, plaintiffs could not show IN THE HOUSE OF REPRESENTATIVES spiracy.o that the allegedly inflated prices for the generators resulted in higher prices for the Thursday, July 21, 1977 electricity produced. In the next considera­ Mr. DERWINSKI. Mr. Speaker, all G See also Hawaii v. Standard Oil Co. [1972 tion of Commonwealth Edison's antitrust Members should be concerned with the TRADE CASES U 73,862], 485 U.S. 251, 262; claim, the author of our previous opinion ap­ problems that face our intelligence agen­ Minnesota Mining & Mfg. Co. v. New Jersey proved the rule of Clark Oil Co. v. Phillips Wood Finishing Co. [1965 TRADE CASES Petroleum Co., [ 1944-1945 TRADE CASES cies. Of course, a major complication is U 71,449], 381 U.S. 311, 318: Radovich v. Na­ U 57,358], 148 F. 2d 580 (8th Cir. 1945), that facing the FBI. In my judgment, tional Football League [ 1957. TRADE CASES certiorari denied, 326 U. S. 734, that the much of the criticism of the FBI is exag­ u68,628]' 352 u.s. 445, 454. Clayton Act permits ultimate consumers to gerated and unfair. The noted columnist o See State of Illinois v. Bristol-Myers Co. recover from antitrust violators, thereby re­ Bob Wiedrich addresses this point most [1973-1 TRADE CASES U 74,262], 470 F . 2d futing defendants' interpretation of our prior effectively in his column which apoeared 1276, 1278, n. 4 (D. C. Cir. 1972); In re Master holding. Commonwealth Edison Co. v. Allis­ in the Chicago Tribune on July 19. Key Antitrust Litigation [1975-2 TRADE Chalmers Mfg. Co., ( 1964 TRADE CASES CASES U 60,648], 528 F. 2d 5, 12, n. 11 (2d Cir. U 71,197], 335 F. 2d 203, 208 (7th Cir. 1964); The article follows: 1975); South Carolina Council of Milk Pro­ see also Bashes v. General Motors Corpora­ LET'S GIVE THE FBI A CLEAR MANDATE ducers, Inc. v. Newton [1966 TRADE CASES tion, supra, 59 F. R. D. at 597, n. 10. (By Bob Wiedrich) U 71,742], 360 F. 2d 414, 417-418 (4th Cir. Proof of Injury It is the nature of man to call the fire 1966), certiorari denied, 385 U.S. 934; Lehigh department when his house is burning. Portland Cement Co. v. City of North Bay The error in defendants' reading of Han­ over Shoe, Mangano, and Commonwealth However, once the flames have died, he Village (Misc. No. 2364, 5th Cir. 1972), deny­ bbmes the firemen for not having gotten ing appeal in Southern General Builders, Inc. Edison is that they view the failure to show that antitrust violations caused plaintiffs' there soon enough. Or for having used too v. Maule Industries, Inc., 1973-1 CCH '*ADE much water. Or for not having used enough. CASES U 74,484 (S. D. Fla. 1972); Dailey v. injury as an element of standing. It is not. Rather, the question is one of fact (Perkins For you see, second guessing also is the Quality School Plan, Inc. [1967 TRADE nature of man. CASES U 72,153], 380 F. 2d 484, 487-488 (5th v. Standard Oil Co., [1969 TRADE CASES Cir. 1967). In a different context, the Sixth And that, in essence, is the plight in which Circuit seems to lean the same way in Mala­ at 464, n. 1. We approve of those district the Federal Bureau of Investigation finds mud v. Sinclair Oil Corporation [1975-2 court decisions permitting ultimate consum­ itself today. TRADE CASES U 60,442], 521 F. 2d 1142 (6th ers to sue antitrust violators. It has done its job as the fireman of Amer­ Cir. 1975). The split among the district 7 To the extent that there is dicta that only ican national security. But now it is being courts was noted in Boshes v. General Motors the first consumers in a chain of rlistribution criticized for having used too much water. Corporation [ 1973-1 TRADE CASES 1! 74,- may sue under Section 4 of the Clayton Act, Whenever things go up for grabs in this 483], 59 F. R. D. 589, 592-593, n. 5 (N. D. Ill. we respectfully disagree with the Third Cir­ country, the public, Congress, and the White 1973) and in the opinion below, 67 F. R. D. cuit. House all holler for the FBI, the "firemen" of July 21, 1977 EXTENSIONS OF REMARKS 24501 the United States Department of Justice. dents Truman and Eisenhower as the nation that the FBI remains a strong law en­ Over the last 60 years, the FBI has been moved from a world war to a Korean War and forcement agency, responsive to the need called on to repel all manner of threats to into the Cold War. to protect individual rights as well as the nation: By the time the rioting and bombings of to the need to work for vigorous en­ The German Menace of World War I, the the 1960s arrived, the Justice Department forcement of the Nation's laws. Red Menace of the 1920s, the Nazi and Japa­ again was instructing the FBI to conduct nese Espionage Menaces of World War II, and vigorous intelligence operations against sus­ The article follows: the Radical Menace of the 1960s. pected radicals. PUBLISHER FINALLY GETS HIS FBI FILES, OR In hot wars and cold wars and in between, And just as before, the FBI got caught in SoME oF THEM the men of the FBI have pretty much been the switches once the public and political (By John Seigenthaler, Tennessean left to their own devices without any clearly ardor for vigorous action cooled. publisher) defined guidelines from the folks hollering As Kelley says, "Never again should FBI "Allegations of Seigenthaler having illicit for help to prevent the agency from gettlng agents be placed under such tremendous relations with young girls . . ."-Report of caught in post-crises switches. pressure to act in the absence of explicit Memphis FBI to FBI Director Clarence Kelley, And now that the FBI is catching hell for lawful authority." May 6, 1976. having overreacted during the battle with the Once and for all, Congress, the American I have been reporting and writing for this more radical antiwar groups of a decade ago, newspaper, The Tennessean, for most of the ·some of the same people who hollered for people, and the executive branch of govern­ ment should tell the FBI what they want last 28 years-and this is the most difficult help when their cities were being bombed assignment I have undertaken. are hollering for the FBI's scalp. done, how they want it done, and spell it out in legislation that clearly defines what they This is a story about myself. It is personal. "For too long," says FBI Director Clarence It is painful. M. Kelley, "the FBI has been compelled to mean. draw authority from presidential directives That would be far fairer than changing the The allegation cited in the FBI communi­ and executive orders originally intended to rules in the middle of the game and making cation printed above, dated May 6, 1976, are meet urgent, specific needs at a given time of them into a retroactive pillory for FBI agents not true. But they were repeated, in sub­ national crisis, particularly in the area of who tho ght they were doing the right thing stance, in another communication to FBI domestic security. for their country. Director Kelley four days later, on May 10, 1976. "The history of the FBI's involvement in intelligence matters is closely interwoven I found out about it two weeks ago-when, with peaks and valleys in the national mood after more than a year of denial and delay, toward domestic security." PUBLISHER FINALLY GETS HIS FBI Director Kelley finally complied with provi­ sions of federal laws and sent me my FBI During World War I, the FBI's predecessor FILES, OR SOME OF THEM files. At least he sent me some of my files. agency, the Bureau of Investigation, was haphazardly handed foreign and domestic I have now been assured by ranking offi­ security responsibilities by Congress. cials of the Justice Department that the HON. ALBERT GORE, JR. words cited in the May 6 and May 10 "telexes" A citizens auxiliary group called the Amer­ OF TENNESSEE will be purged from my records. ican Protective League [APL] was formed with the approval of the U.S. attorney gen­ IN THE HOUSE OF REPRESENTATIVES But as of this moment they are part of eral to give the under-manned, fledgling the "official" FBI files. I have been given ac­ Thursday, July 21, 1977 cess, under law, to some FBI reports men­ agency a hand. Mr. GORE. Mr. Speaker, the FBI has tioning my name. But nothing I have re­ In no time, other ad hoc citizen groups ceived from the federal Bureau explains how were taking it upon themselves to investi­ played an absolutely essential role in such information could get into my files, gate what they perceived to be un-American law enforcement in this country during why it was sent on May 6 to Director Kelley, activities. Thus, despite the best of intentions its 50-year history. Besides its impor­ or why it was repeated in another message of many Americans, mass deprivation of con­ tant work in enforcing Federal laws, it to him a few days later. stitutional rights occurred. has also made a valuable contribution The law which allows citizens the right to In 1918, raids on deserters and draft dodg­ in professionalizing law enforcement examine their files also allows the FBI to ers in New York and New Jersey were car­ throughout the country through its co­ decide arbitrarily what records will not be ried out without warrants or sufficient prob­ shown. I am appealing Kelley's decision in my able cause for arrest by 35 agents assisted by operative programs with State and local law enforcement agencies. own case to try to get more information. 2,000 APL members, 2,300 military personnel, Like most Americans, I grew up believing and several hundred police officers. Some In order to further strengthen the completely in the integrity of th'e FBI. I 50,000 men were rounded up. FBI, this Congress must continue to ex­ know many agents I like and admire. The Constitutionally, it was rough. But no­ ercise its oversight responsibilities. In a hard work of agents like them gave the body raised a stink because it was wartime. free nation, public support of law en­ Bureau a reputation which was unblemished After World War I, the bureau and the U.S. forcement agencies depends upon rec­ for decades. I am aware that disclosing the Department of Labor again were tossed into ognition and correction of excesses. In mere fact that this material is in my files the soup when an aroused public cried out to recent years, there has been a great deal will raise doubts about me in the minds of be saved from the Red Rladical Scare during of concern about charges that the FBI some people. It will raise the inevitable which violence and anarchy had Washington q " e<;ti::;ns: "If there is smoke isn't there fire? uptight. has apparently sometimes gathered de­ If the FBI had it in the files isn't it true?" "If the advocates of civil liberties were rogatory information about private in­ That realization is why I would prefer not speaking out, no one was listening," Kelley dividuals-uncorroborated rumors, raw to write this. said. data, and pure gossip-and kept this in­ But I appeared before a Congressional In 1919 and 1920, raids were conducted formation in the individual's file where Committee May 20, 1976 and stated under against suspected Red radicals. it could cause unforeseen embarrassment oath that if I could get access to my FBI "But once the radical fires had been put or damage in the future. In response files I would publish what was there, no out, the passion for resolute government ac­ to this concern, the Congress enacted­ matter how scurrilous or scandalous or false. tion also cooled," Kelley said. "The Red raids and the FBI has implemented-a law I then wrote a letter to FBI Director generated a storm of criticism, including an guaranteeing a citizen access to his or Kelley. I told him I was convinced that his investigation by the Senate Judiciary Com­ her FBI files. agency had collected defamatory gossip about mittee." me. I demanded access to my FBI records. Again, the agents had been caught in a Mr. John Seigenthaler, the publisher I told.. Kelley that I was going to publish bind carrying out the mandates of a thor­ of the Nashville Tennessean, has recently that material if I could get it. oughly frightened government. And the peo­ written an account of his efforts, pur­ Then, recently, I was honored in New York ple who had hollered for the firemen, now suant to this law, to obtain access to by the Sidney Hillman Foundation and given were hollering criticism. his FBI files. His account points out the an award for "courage in publishing." The same happened during the 1930's as lengthy delay in the FBI's decision to Havin~ accepted that award, and having World War II approached. release his files, the fragmentary nature told Kelley I would publish what was in my The White House ordered the FBI to inves­ of the information finally released, and files, and having sworn before a committee ti~ate the Nazi movement in the country. of congress to do so, I can hardly lock it That later was broadened to include Com­ the kind of information placed in his up in a filing cabinet now and forget it. munist and Facist activity as well. files to begin with. I hope my colleagues For years the FBI has engag'ed in a "va­ As the years passed, President Rooseuelt's will find this article informative and use­ cum cleaner" approach to intelligence gath­ directives were reinforced by those of Presi- ful in our continuing effort to insure ering. That means the some FBI agents wlll 24502 EXTENSIONS OF REMARKS July 21, 1977 solicit or accept any information, even hear­ hour while I was filing the complaint--that read it I feel that I have been ripped off be­ say, remove or gossip, and put it into Bu­ Deputy Director Boynton showed up at the cause either the FBI director or some of his reau's "raw files." office of the New York Times and made his agents have censored most of what it con­ At the time I testified before Congress I "not entirely pure" crack about me and The tained. had a idea that if I would voluntarily ex­ Tennessean. In addition, the copying machine used by pose the "vaccum cleaner" method of in­ The files I now have received from the the FBI in reproducing the document is a formation gathering that it might help stop FBI are maddeningly incomplete. For ex­ sad commentary on the technical equipment that corrupt practice. ample, the May 5 and May 10 telexes have of the world's greatest investigative agency. For some time it has been clear that J. been heavily censored and excised by either Some of what I received is barely legible. Edgar Hoover, when he was FBI Director, col­ Kelley or agents who make the decision as In the May 10 telex the FBI, once again, lected titillating tid-bits of gossip about to what in my records I may not read. has blanked out everything that was on page high-ranking officials in Washington-mem­ Consider the May 6 "document." It appears one-except the fact that it was addressed bers of congress, senators, cabinet officers, to be a two-page telex. It has been so heavily to. the "Director" from "Memphis" and that even presidents. censored that nothing appears on the first the teletype was "immediate," rather than a But nobody ever thinks the FBI is collecting page but the notation that a "coded" "nitel" "nitel" as the May 6 communication had common gossip about them; nobody realizes was sent to the "Director" from "Memphis" been. The rest of what was contained on that that the "vacuum cleaner" is always turned first page is blank-censored by the FBI. on, possibly sucking up information about at 7:15p.m. Everything else on that first page has Most of the second page is blank. It is repro• them. Before May, 1976, I did not suspect been deleted by the FBI. Kelley, in a letter duced elsewhere as part of this story. On that the FBI had collecting damaging or what appears to be the third line from the that came with these documents, said this discreditin~ information about me. I didn't bottom one word appears: "volunteered". want to think that about myself; I didn't was to protect the privacy of others, includ­ The next line is mostly blank but it does want to think it about the FBI. ing the source of the information. contain three words, "heard rumors that". Then, on May 13 last year an FBI official On the second page of this "nitel'' every What seems to be the last line on that named Homer Boynton, while visiting the word has been deleted by the FBI except page is mostly blank but near the end of the Washington offices of the New York Times, what appears to be the last two and a half line is my name, "Seigenthaler"-followed by made disparaging comments to members of lines. Starting in what surely is tt\. e middle a comma. the Times' staff about me and the Tennes­ of a sentence, those lines read as follows: . Now, i.t is impossible to tell what those sean. "allegations of Seigenthaler having illicit three lines really say. But the FBI official Boynton said "Seigenthaler . . . is not relations with young girls, which informa­ who censored those lines obviously wants me entirely pure." tion source obtained from an unnamed to know-or perhaps believe-that somebody I don't know why he said it. I can't prove source." "volunteered" that there were "rumors" what he meant. When I first read that I wondered how I around about "Seigenthaler." would write this story. I was tempted to try But !or more than a year I have suspected Whether that came from "source" or "un­ the worst; now, having received my FBI rec­ to soften the blow by beginning: "The Fed­ named sourc:?" isn't spelled out quite as ords-or some of them-! kn·ow the worst. eral Bureau of Investigation says I'm a dirty clearly in this message. I know that in the week before Deputy FBI old man." And what were rumors heard about Director Boynton made those comments But it isn't a laughing matter to me­ Seigenthaler? Turn to page three. The first about my "purity" the FBI in Memphis sent although I am sure that some of my friends­ line is complete: "involved in having illicit two messages to Director Kelley which in­ and some who are not my friends-are going relations with young females.'' cluded false allegations that "Seigenthaler to chuckle and chortle about my discomfiture I am at a loss to explain the difference be­ involved in having illicit relations" with at having to publish such a thing about my­ tween "young girls" as set out in the May 6 young girls. self. communication and "young females" as in­ I concluded there was no way to begin cluded in the May 10 telex. It hardly sounds If this is a difficult story for me to relate, like a correction. Perhaps the agent in Mem­ it also may be difficult for the reader to fol­ this account other than to repeat the worst of the damaging lines as the first words of phis who sent the news to Kelley on May 10 low. It involves complex events and confus­ thought it sounded less as if I had violated ing relationships with the Federal Bureau this article. What is there to conclude from the May 6 the age of consent if "young females" rather of Investigation. than "young girls" were involved in the The job of a journalist is to make com­ "nitel'' to Kelley? It shows that sometime prior to May 6 the FBI "vacuum cleaner" "rumor," I hope that anonymous agent will plexities simple and confusion easy to under­ understand if I fail to send him an anony­ stand. Because of my personal stake in this turned in my direction and ingested this derogatory information. Some "source"-un­ mous note of appreciation. story, I may fall short of doing the report­ The next sentence in the telex says: "Inas­ er's job. named in the FBI documents I have re­ ceived-had sucked up this gossip from some much as the information furnished by the My conflict with the FBI dates back more source concerning Seigenthaler was un­ than a year-to May 5, 1976, the day before other source. The second source is "un­ named" according to that telex. founded rumor, since it could not be cor­ the first Memphis FBI telex was sent off to roborated (and then there is a blank space), Kelley. That means not even the FBI knows the no record of this information was made in It was on that day that Mrs. Jacque Srouji, original source who started the rumor about Memphis files.'' then a part-time copy editor for The Ten­ me. But somebody kept it in Washington FBI nessean was separated from the newspaper. I had waited for more than a year for a files. And from there, after more than a On May 3, 4 and 5 I had talked at length look at my FBI records. It was a year of year of denial and delay, I finally got access with her about what the FBI has since de­ frustrating exchanges of letters with Kelley to it. The language of the FBI message on scribed as her "special relationship" with the and Justice Department officials in which I May 10 leaves no doubt that it was "un­ Bureau. I was concerned about how that would regularly demand immediate access founded rumor" which could not be corrobo­ special relationship affected our newspaper's to my files, Kelley would deny those demands, rated. As I read the telex it is obvious to me staff. On May 5 I made the difficult decision I would appeal ·Go other Justice Department that the FBI actually tried to corroborate to dismiss Mrs. Sroujl. officials, and then there would be intermina­ it, and failed. ble delays. There was no public controversy about And after more than a year that un­ why Mrs. Srouji was fired. Ultimately, I am When I finally read the few words included founded, uncorroborated rumor has remained confident, that controversy will be resolved. in the May 6 telex I was reminded of a letter in my FBI files in Washington-where it That will be another story for another day. I had written to the FBI Director exactly one rests today. And there it would remain for­ ever were it not for current officials of the What is pertinent to this story is the date year ago, on July 9, 1976. In that letter I stated that I was convinced "your agency Justice Department who agree with me that of her firing: May 5, 1976. It was the day be­ it should be purged. fore the first FBI telex went from Memphis solicits and files common gossip and rank to Director Kelley in Washington. Her dis­ character defamation, under the guise of 'in­ Still, Kelley wrote to me that he could missal became public knowledge in news ac­ vestigating'.. .'' assure me "the FBI does not solicit common counts published in The Tennessean and On July 21 Kelley wrote me: "I can assure gossip and rank character defamation." other newspapers on May 8. Two days later you that the FBI does not solicit common In that same letter Kelley said "I am con­ the second FBI telex was shot off from Mem­ gossip and rank character defamation." fident the records will speak for themselves." phis to Kelley in Washington. When he wrote me those words he had in Well, the documents are so heavily censored Three days later I appeared at the Depart­ his possession the message sent him from that they hardly speak at all. But insofar as ment of Justice in Washington to file a Memphis May 6 quoting a "source" who they speak they leave no doubt in my mind formal complaint with Justice officials about quoted an "unnamed source." that the FBI, even today, solicits~and keeps the FBI developing a "special relationship" He also had in his possession the telex in its records-"common gossip and rank with a member of the staff of The Tennes­ sent him from Memphis on May 10. Thl.:.; character defamation." sean. It was on that day-in fact at the very one is three pages in length. Once again, as I Last November, after I had protested the July 21, 19'77 EXTENSIONS OF REMARKS 24503 actions by the FBI and the statements by General. It is made up of page after page of Actually, I was restricted to barracks and Boynton I received a letter of apology from statements from people I knew who invari­ given three weeks of "K.P.'' duty. Once again, the Department of Justice. In December, a ably said nice things about me. In files I this report is accurate. Kitchen Police duty second letter came from Justice. Kelley and received from Kelley their names have been is hard labor. Boynton joined in this apology, this letter deleted to "protect" them. I remember most Director Kelley has denied my request to said. of them very well. They need no protection meet with him face to face and discuss the Having now read my files I have a better from me. I had known them in my neigh­ details of my files. I regret that. He did men­ idea of why that apology was forthcoming. I borhood, at school, at work or at church. tion to me that I owe the FBI $7.80---or ten have difficulty understanding why it took Some exaggerated my virtues beyond belief. cents a page-as a copying fee for sending from May until December. Among other documents are two letters me the 78 pages of my FBI records. But still the information I received is in­ included from J. Edgar Hoover--one prais­ The check will be in the mail shortly­ adequate and incomplete. I suspect that ing me for being named to the U.S. Advisory but I don't like to pay. The quality of the means months of more appeals to get more Commission on Information in 1962 and "copying" was just too bad. information. another expressing gratitude for some good As I re-read the May 6 and May 10 telexes things I said about the FBI in a 1963 speech. I have several random reactions: On both copies Kelley sent me there is this The federal privacy act bars the FBI from notation at the bottom of each letter: "Mr. providing me any information about any Seigenthaler is on the Special Correspond­ JULY DAYS OF 1977 other person whose name is in my files. That, ent's list." I think, is a sensible provision designed to I don't know what the special correspond­ let me know what the FBI says about me, but ent's list is, when I" was put on it or when I HON. GEORGE MILLER protects others from my finding out what the was taken off it-if I was. My appeal in­ OF CALIFORNIA FBI says about them. At the same time, as cludes an effort to find out. IN THE HOUSE OF REPRESENTATIVES long as the Bureau continues to use a "vac­ There is a letter, dated March 10, 1970, uum cleaner" process of information gather­ addressed to Alexander Butterfield, then Thursday, July 21, 1977 ing and allows unnamed sources to feed in Special Assistant to President Nixon, pre­ false rumors, this provision will encourage sumably from Director Hoover. It says that Mr. MILLER of California. Mr. bureaucratic abuse. It also wm prevent those he is writing in response to Butterfield's re­ Speaker, July 21 marks the centennial who are victims of that abuse from their ac­ quest for "name check" investigations on a anniversary of the labor riots in San cusers. number of individuals. There is a blank Francisco which served as the catalyst This same provision that permits the FBI space of two or three lines where the other for the rejuvenation of the labor move­ to determine what it will excise from docu­ names were listed. I don't know who they ment in that city. ments will lead, inevitably to the suspicion were or what it was about. These demonstrations, which began as that the Bureau is covering up its own mis­ I suspect that this was a "list" other than deeds in the process of censoring documents. peaceful protests against the depression a "special correspondent's" list. which had gripped the Nation for the There are many Americans who, I now am Then, in April, 1975 there is another com­ sure, have similar stuff in their files. There is munication sent to the White House about preceding several years, rapidly esoa­ no way for them to know how or when this my wife and me in response to another lated into looting and arson. Out of the may adversely affect their interests, or the "name check" investigation. It mentions days of violence, however, were born a interests of persons close to them. In one that there was a similar check made on both number of new labor unions and city fed­ letter to Director Kelley, while appealing for of us in 1972. It doesn't say why, and there erations of unions which were the fore­ immediate access to my records, I pointed out is nothing in the documents reflecting any­ runners of the strong labor movement that there was another "John Seigenthaler"­ thing more on the 1972 inquiry. Again, I am in California today. my son-who might be damaged by such in­ appealing for more details. formation in my files. There is a highly interesting document But the labor movement which My hope that publishing the derogatory showing the Bureau was interested in what emerged immediately from the so-called information about me might help cure the was going on in our newspaper office in No­ July Days of 1877 was not identical to the FBI practice of picking up such gossip and vember, 1967. At the top my name is listed, labor movement we know today. In 1877, rumor has been dimmed by the tedious, tir­ followed by a semi-colon. About half the the future course of American labor was ing effort required to get even part of the one-page memo has been excised. The bot­ undecided as to questions of political records. Kelley sent a letter accompanying tom half reads as follows: action, craft versus trade versus indus­ the documents he provided me, listing the "Toward the end of the conversation (here provisions of the law which permit him to trial organization, capitalism versus so­ there is a blank where the name of the cialism, and other issues. During the withhold.information in my records in order source has been blanked out) remarked that to protect others. His letter never even he had seen a memorandum from John Sei­ course of the following 25 years, up to the acknowledges that it was improper for the genthaler, Editor of The Tennessean, ad­ San Francisco general strike of 1901, FBI to gather such material. He never both­ dressed to the staff of The Tennessean, re­ these competing ideologies and strategies ers to explain his letter of a year ago in garding the feasibi11ty of attempting to have were in constant conflict. which he said his agency does not solicit gos­ some individual penetrate the security of Also emerging from the riots which sip. He did tell me that the information was government bases.'' never used in an investigation against me. began 100 years ago were some of the I remember the matter well. I had made If he was trying to make me feel good, he most astute and unusual labor leaders in failed. a speech at Huntsville's Redstone Arsenal and thought the security there was lax. I sug­ our history. They may never have President Carter is now considering five gested to our City Editors that we try to get reached the historical importance of a names recommended to him by a presiden­ a reporter to slip through security, live for Samuel Gompers, but they were critical tial commission to replace Kelley. Whoever awhile on the base, then write a news story individuals in shaping the development is selected, I cannot help but hope that it is about it. The story never developed. But of the working class movement of Cali­ a person with a background in solid law somebody told the FBI about it. enforcement who understands the difference fornia and the United States: between legitimate police intelllgence and I suggested that we also should check other Frank Roney-the immigrant molder slander. I also hope that the appointment m111tary bases to see whether security was who emerged from the riots as a key comes s:aon. Very soon. lax. I mentioned AEDC at Tullahoma and Fort Campbell. These are also mentioned in union organizer, helping to put the fledg­ My wife is outraged by what was in my the FBI document. The unnamed spy accu­ ling Coast Seaman's Union on a sound . FBI files. Outraged at the FBI and not at rately told the Bureau that the purpose of basis, and then going on to lead the me, I am happy to report. it all was to "write an article" about secu­ Trades Assembly, the first strong city­ While the two telexes in May, 1976 are rity on these bases. wide federation of trade unions; the items in my FBI files which I found of the greatest interest, there were other docu­ I don't remember writing any such memo Charles Burgman-the brilliant orga­ ments which were intriguing. to members of the staff. There is no such nizer who becam~ San Francisco's repre­ Kelley actually forwarded me 78 pages of memo written by me in our files. sentative to the early national meetings documents-the vast majority of them relat­ There was also in the FBI records sent to of the American Federation of Labor; ing to the routine employment investigation me a derogatory note: as a young serviceman Burnette G. Haskell-the erratic pub­ done on my background in when I went to I once turned up at home in Nashv1lle when work as an official of the Justice Department. I should have been at MacDill Air Force Base lisher of Truth, the radical labor weekly, I had read that material when I became in Tampa, Fla. The FBI reports that for this whose views ran the gamut from revolu­ the Administrative Assistant to the Attorney indiscretion I was consigned to "hard. labor.'' tionary syndicalism-including the lib- 24504 EXTENSIONS OF REMARKS July 21, 1977 eral use of dynamite-to utopian com­ Between the riots of 1877 and the gen­ velopment of the organized labor move­ munalism-which he realized in the eral strike of 1901, there were many ment throughout the Western States. The Kaweah Cooperative Colony in the late peaks and failures for the workers of "sand lot" demonstrations of July 1877, 1880's-and whose organrnational talents San Francisco. The record of those tri­ should be recalled as the spark which helped create many of the city's unions umphs and failures form the history of generated two generations of labor ac­ in the early 1880's and the Federated the labor movement and the working tivity which culminated in the labor Trades of San Francisco. class in that city, and affected the de- movement as we know it today.