14474 CONGRESSIONAL RECORD- SENATE June 2, 1969 SENATE-Monday, June 2, 1969

The Senate met at 12 o'clock noon, proceed to the consideration of meas­ The Secretary shall not issue any new lease and was called to order by the Vice ures on the calendar, beginning with affecting any of the lands covered by such Calendar No. 195 and the succeeding terminated lease for a reasonable period, as President. determined in accordance with regulations The Chaplain, the Reverend Edward measures in sequence. issued by him. In any case where a reinstate­ L. R. Elson, D.D., offered the following The VICE PRESIDENT. Without ob­ ment of a terminated lease is granted under prayer: jection, it is so ordered. this subsection and the Secretary finds that the reinstatement of such lease will not O Thou in whom we live and move afford the lessee a reasonable opportunity to and have our being, enter our hearts and continue operations under the lease, the fit us for Thy service. Cross the thresh­ PREVENTING TERMINATION OF CERTAIN FEDERAL OIL AND GAS Secretary may, at his discretion, extend the old of our inner being and make us to be LEASES term of such lease for such period as he at home in both the world of the visible deems reasonable: Provided, That (A) such and the invisible, the temparal and the The Senate proceeded to consider the extension shall not exceed a period equivalen~ eternal. Enable us to live bravely in the bill

RECORD an excerpt from the report (No. the Army personnel that such goods and ef­ amended on November 6, 1962, to include 91-210), explaining the purposes of the fects could not be stored or shipped at Gov­ shipment of Mr. Pender's household goods, bill. ernment expense incident to his transfer but no administrative means were available from Fort Greely, Alaska, to Fort Belvoir, to compensate him for his loss. Mr. Pender There being no objection, the excerpt Virginia, and which could not otherwise be returned to Alaska following completion of was ordered to be printed in the RECORD, disposed of by the said William D. Pender the course of Fort Belvoir. as follows: because of prohibitively high commercial The Department of the Army does not op­ PURPOSE storage rates and the shortage of time be­ pose a bill of this nature when a civilian em­ The proposed legislation authorizes and tween the issuance of transfer orders and the ployee has sustained :financial loss resulting directs the Secretary of the Treasury to pay reporting date at his new duty station: Pro­ from an erroneous administrative determi­ out of any money in the Treasury not other­ vided, That no part of the amoun.t appro­ nation as to travel allowances. The travel or­ wise appropriated, to the New Bedford Storage priated in this Act in excess of 10 per centum ders, dated September 6, 1962, were clearly Warehouse Co. of New Bedford, Mass., the thereof shall be paid or delivered to or re­ erroneous in restricting Mr. and Mrs. Pen­ sum of $365.98 in full settlement of the ceived by any agent or attorney on account der to 400 pounds of hold baggage pursuant claims of said company against the United of services rendered in connection with this to a perm.anent change Of station. The States arising out of services performed for claim, and the same shall be unlawful, any amount provided for in the bill represents the U.S. Coast Guard, pursuant to Govern­ contract to the contrary notwithstanding. replacement value as indicated by prices in ment bill of lading A-0022724. Any person violating the provisions of this the Sears and Roebuck catalog of all of the STATEMENT Act shall be deemed guilty of a misdemeanor property disposed of by Mr. Pender when he and upon conviction thereof shall be fined departed Alaska for Fort Belvoir. A more This bill (S. 868) in the 91st Congress ls in any sum not exceeding $1,000. reasonable means of reimbursement, how­ identical to S. 3484 and H.R. 10851 in the ever, would appear to be the estimated de­ 90th Congress. H.R. 10851 passed the House Mr. MANSFIELD. Mr. President, I ask preciated value of the disposed of property of Representat1ves but no action was taken unanimous consent to have printed in which is the method of reimbursement nor­ in the Senate. the RECORD an excerpt from the report mally used when a claim is filed against the The Department of Transportation recom­ (No. 91-211), explaining the purposes United States for loss of property pursuant to mends enactment of this legislation. a permanent change of station. In an inter­ In its report to the Committee on the Ju­ of the bill. There being no objection, the excerpt view held in Alaska with Mr. Pender on diciary of the House of Representatives April 18, 1966, Army personnel attempt ed to under date of October 19, 1967, the Depart­ was ordered to be printed in the RECORD, make an estimate of the depreciated value of ment states: as follows: Mr. Pender's property. Mr. Pender, however, "The bill will permit payment for charges PURPOSE could not recall with any precision the ac­ of moving the household effects, of Mr. Max The purpose of the bill ls to pay to William quisition dates of many of the items. As some E. Baldwin from Fairhaven, Mass., to Green­ D. Pender the sum of $3,602.69 for the loss items were accumulated over a 12-year pe­ field, Mo. According to the carrier the ship­ of his household goods and personal effects. riod, the most reasonable evaluation of all ment was delivered at destination on August STATEMENT Of the property would appear to be on the 10, 1960. Mr. Baldwin was discharged from basis Of a mean period of 6 years for depre· the Coast Guard in July 1960. The First This committee approved a similar bill for this claimant in the last Congress which ciation, an estimated value of $4,527.69. This Coast Guard District was unable to obtain a figure, however, should be further reduced receipt from him that the goods had been passed the Senate but no action was taken in the House of Representatives. to $3,602.69 because of Mr. Pender's action delivered. This is necessary before payment upon his departure for Fort Belv.oir in en­ can be made by the Coast Guard. On October The Department of the Army, which ap­ proves the bill, set forth the facts of the trusting to his neighbor a box of tools which 21 , 1963, the matter was forwarded to this were never returned and in carelessly dispos­ office for settlement; however, the statute of case in reporting on a similar bill in the last Congress as follows: ing of other small items of substantial value, limitations had run on August 10, 1963. such as a rifle, a shotgun, and a tape recorder, "The Coast Guard made additional at­ This bill would authorize and direct the Secretary of the Treasury to pay $6,292.40 to which could have been stored commercially tempts to obtain a receipt from Mr. Baldwin or entrusted to his sister. without success. On March 16, 1964, the Mr. Pender for his claims against the United States for the loss of his household goods In a letter, dated March 28, 1966, to the claim was forwarded to the General Account­ Department Of the Army, Mr. Pender stated ing Office for settlement. Payment was denied and personal effects which he abandoned in Fairbanks, Alaska, after being incorrectly that his financial situation was marginal and because the statute of limitations had run. his living costs were extremely high because While a receipt from Mr. Baldwin was never informed by Army personnel that such prop­ erty could not be stored or shipped at the he lives in an isolated area of Alaska. In an obtained, there is little doubt that delivery earlier letter to a Member of Congress, Mr. was made. There is no record that any com­ expense of the United States pursuant to his transfer from Fort Greely, Alaska, to Fort Pender stated that he was $5,000 in debt plaint of nondelivery was ma.de. and that the financial hardship of replacing The Department of Transportation, there­ Belvoir, Va. The Department of the Army has no objec­ his household goods had caused that in­ fore, recommends enactment of H.R. 10851." debtedness. In view of these equitable con­ Since there is no evidence that the com­ tion to the bill if amended as suggested in this report. siderations, the Department of the Army has pany ever acted with less than reasonable no objection to the bill if amended as sug­ prudence and diligence, nor is there any ques­ Official records disclose that on September 5, 1962, Mr. William D. Pender, a resident gested in this report. tion but that the household effects of the of Alaska, received notification that he had The cost of this bill, if enacted as intro· delinquent consignee were safely delivered duced, will be $6,292.40. If enacted as sug­ by the company, the committee is of the been selected for an appointment as a nu­ clear powerplant operator at the Fort Greely gested in this report, the cost will be opinion that the blll should be approved. $3,602.69. Accordingly, it ls recommended that the b111, Nuclear Powerplant. He reported to duty on the next day and worked at Fort Greely un­ The committee believes that the bill is S. 868, be considered favorably and so re­ til September 20, 1962, when he began pre­ meritorious and recommends it favorably. ported to the Senate. paring for his departure to Fort Belvoir, Va., for a 48-week course pertaining to the opera­ WILLIAMD. PENDER tion of nuclear powerplants. He states that MRS. AILI KALLIO he was told by administrative personnel OP The bill (8. 901) for the relief of Wil­ Friday, September 21, 1962, that his goods The bill CS. 1010) for the relief of Mrs. liam D. Pender was considered, ordered could not be stored at Government expense Aili Kallio was considered, ordered to to be engrossed for a third reading, read over 90 days or shipped to Fort Belvoir. It is be engrossed for a third reading, read not clear when Mr. Pender was finally told the third time, and passed, as follows: the third time, and passed, as follows: that he could not store or ship his goods at Be it enacted by the Senate and House of Government expense but his travel orders, s. 1010 Representatives of the United States of dated September 6, 1962, limited him and Be it enacted by the Senate and House of America in Congress assembled, That the his wife to 400 pounds of hold baggage. He Representatives of the United States of Secretary of the Treasury is authorized and and hls wife left by plane to the Fort Bel­ America in Congress assembled, That the directed to pay, out of any money in the voir area on September 22, 1962, after dis· Secretary of the Treasury is authorized and Treasury not otherwise appropriated, to Wil­ posing of most of their household goods to directed to pay to Mrs. Aili Kallio, out of liam D. Pender, an employee of the Depart­ the Salvation Army because of prohibitive any money in the Treasury not otherwise ment of the Army, the sum of $3,602.69, in rates of commercial storage in Alaska. The appropriated, a sum of money to be deter­ full satisfaction of all claims of the said only property not disposed of consisted of mined as provided in section 2 of this Act, William D. Pender against the United States four boxes of clothes stored commercially, a in full settlement of any claim she may for compensation for the loss of household box of tools stored with a neighbor, and a have against the United States because of goods and personal effects which he had to table and a record player stored with Mr. failure to receive merchantable title to a abandon in Fairbanks, Alaska, after he was Pender's sister. The travel orders, dated tract of land containing 24 acres more or incorrectly informed by the Department of September 6, 1962, were erroneous and were less, located within the southeast quarter 14478 CONGRESSIONAL RECORD- SENATE June 2, 1969 southwest quarter, section 19, township 51 proved by the Baraga County Court. This money in the Treasury not otherwise appro­ north, range 32 west, Michigan Meridian, action was taken by Mrs. Duggan after the priated, to the said Homer T. Williamson, Baraga County, Michigan, by deed recorded Assistant Commissioner had advised the spe­ Senior, the sum of any amounts received or on the land records of Baraga County, Mich­ cial agent in charge that approval of William withheld from him on account of the over­ igan: Provided, That prior to such payment Owen's will by the President removed the payments referred to in the first section of Mrs. Kallio shall convey by deed in form restrictions on the lands. However, the So­ this Act. No part of any amount appropri­ acceptable to the Secretary of the Interior licitor subsequently held that approval of ated in this Act shall be paid or delivered to all her right, title, and interest in the above a will by the President of an Indian who died or received by any agent or attorney on ac­ described property to the heirs of William after February 13, 1914, did not effect the re­ count of services rendered in connection Owen. moval of restrictions on Indian lands (So­ with this claim, and the same shall be un­ SEC. 2. The Secretary of the Interior, after licitor's opinion of February 11, 1944, lawful, any contract to the contrary not­ ta.king into consideration· such appraisals as M-33441) . Mrs. Kallio, in 1934, prior to the withstanding. Any person viola.ting the pro­ he deems necessary or appropriate, shall de­ Solicitor's opinion, purchased the land de­ visions of this Act shall be deemed guilty termine the fair market value of the prop­ scribed in the bill from Mrs. Sciotte for a of a misdemeanor and upon conviction erty described in section 1, as of the effec­ consideration of $850. Mrs. Kallio has stated thereof shall be fined in any sum not ex­ tive date of this Act, and shall notify the that she first became aware of the default in ceeding $1,000. Secretary of the Treasury of said sum which the title when she attempted to sell the land shall be paid as provided in the first section in 1965. Mr. MANSFIELD. Mr. Presidelllt, I ask of this Act. There are 14 heirs to this parcel of land. unanimous consent to have printed in the SEC. 3. No part of the amount appropri­ The majority of the heirs refuse to convey RECORD an excerpt from the report Vietnam. ment of the automobile of Mr. Dooley's son count of services rendered in connection with STATEMENT unquestionably could and would have been this claim, and the same shall be unlawful, provided by the Government, had i·t been any contract to the contrary notwithstand­ In its favora.ble report on the bill, the requested, at a cost considerably in excess ing. Any person violating the provisions of House of Representatives set forth the facts of the amount of Mr. Dooley's claim. How­ this section shall be deemed guilty of a mis­ of the case as follows: ever, the committee observes that such a res­ demeanor and upon conviction thereof shall The bill, H.R. 2940, was introduced in ac­ olution was complicated by the fact that be fined any sum not exceeding $1,000. cordance with the recommendations of the the serviceman is missing in action. Comptroller General of the United States However, the General Accounting Office The amendment was agreed to. contained in a communication transmitted invited the attention of the Congress to the The bill was ordered to be engrossed to the Congress by the Comptroller General act of March 7, 1966, Private Law 89-218 (80 for a third reading, was read the third as a meritorious claim. Section 236 of title stat. 1617), in which Mr. and Mrs. Earl 31 of the United States Code provides for time, and passed. Harwell Hogan, of Pine Blutf, Ark., were MANSFIELD. special report to the Congress by the Comp­ authorized to be paid the sum of $120 as Mr. Mr. President, I ask troller General when he determines that reimbursement of the cost of transportation unanimous consent to have printed in despite the fact that a claim submitted to of the automobile of their son, the late the RECORD an excerpt from the report the General Accounting Office cannot be set­ Lowell s. Hogan, specialist, U.S. Army, from (No. 91-215), explaining the purposes of tled under existing law, it oontains elements Bremen, Germany, his last duty station, to the bili. of legal liability or equity which justifies Pine Bluff, Ark. Private Law 89-218 states the consideration of a matter by the Congress. There being no objection, the excerpt that Mr. and Mrs. Hogan transported their was ordered to be printed in the RECORD, The claim embodied in the bill is for reim­ son's automobile at their own expense in bursement of expenses incurred by Mr. Doo­ reliance upon the erroneous advice of agents as follows: ley in personally transporting the mot.or of the United States, who misinterpreted PURPOSE OF AMENDMENT vehicle of his son, Lt. (jg.) James E. Dooley, U.S. Army regulations pursuant to which The puqx>se of the amendment is to con­ U.S. Navy, 686509, from San Francisco, Calif., such transportation was authorized t.o be form the relief of liability for repayment to to Manchester Center, Vt., during the period made at the expense of the United States. the United States representing the amount of November 30, 1967, to December 10, 1967. The General Accounting Office concluded overpayments of basic pay and allowances His son was reported missing in action on that in the circumstances of his case, Mr. received by Capt. Richard L. Schumaker to October 22, 1967, while on a combat mission Dooley's claim contains such elements of the sum computed by the Department of the over North Vietnam. Following receipt of equity as to justify its reporting with a rec­ Army as the total amount overpaid. The notice of his son's missing status, Mr. Dooley ommendation that he be reimbursed for the Department of the Army 1s not opposed to traveled to San Francisco, Calif., and drove expenses involved in the transportation of the bill if i>t 1s amended as suggested. his son's automobile to his home in Vermont his son's automobile. The General Account­ PURPOSE for safekeeping pending a final determina­ ing Office recommended that authorization tion of the son's status. be given to pay Mr. Dooley the sum of The purpose of this legislation, as Mr. Dooley's claim was disallowed by the $394.49, consisting of the following items: amended, ls to relieve Capt. Richard L. Schu­ Claims Division of the General Accounting $152.35, his plane fare to San Francisco, maker, U.S. Army, from all liability to repay Office on March 4, 1968, for the reason that Calif.; $92.29 for lodging; $63.50 for food; the United States the sum of $2,268.48, rep­ the law and regulations do not provide for and $86.35 for gasoline and oil. resenting the amount of overpayments of reimbursement of the transportation ex­ The committee agrees that the facts of basic pay and allowances received by Ca.ptaiin Schw:naker for the period from May 21, 1966, penses which he incurred. Mr. Dooley pro­ this case merit legislative relief and recom­ tested the action taken on his claim and mends that the bill be considered favorably. through July 81, 1967, as the result of admin­ urged thwt in the circumstances involved and The committee concurs in the action of istrativ·e error in determining his years of in view of the savings which accrued to the the House of Representatives and recom­ service for payment purposes. In the audit Government as a consequence of his moving mends that the bill, H.R. 2940, be consid­ and settlement of the accounts of any certi­ the car at personal expense, the claim should ered favorably. fying or disbursing officer Of the United be allowed. states, full credit shaJl be given for the Provisions for the payment of pay and al­ amount for which liability is relieved by this lowances and for travel and transportation bill. The bill would further authorize and benefits in the case of members of the uni­ CAPT. RICHARD L. SCHUMAKER, direct the Secretary of the Treasury t.o pay formed services in a missing status are con­ U.S. ARMY to Oaptain Schumaker the sum of any tained in chapter 10 of title 37 of the United a.mounts received or withheld from him on States Code, 37 U.S.C. 551-558. The Senate proceeded to consider the bill

STATEMENT In August of 1967 the Department of the YVONNE DA VIS The Department of the Army has no objec­ Army discovered that Captain Schumaker tion to the enactment, as amended, of this had been overpaid and finally in August of The Senate proceeded to consider the legislation. The Depart ment of the Army's 1968 after many reexaminations of his ac­ bill Vietnam war is existing prefabrication techniques with It meets the pressing need for further over, and a systems breakthrough is ac­ existing large-scale production, he will testing and development of the system-a complished, we will never succeed. fail. As they say in the industry, if he 14492 CONGRESSIONAL RECORD-SENATE June 2, 1969 goes down that path, "He will break his We should not and must not accept ad­ rehabilitated and other types of units, pick." ditional excuses from the Secretary that the estimates of our overall housing needs The Secretary should get on with the the goals cannot be met. by these three groups vary by about 10 job of organizing his Department and the HOUSING NEEDS percent, which I think indicates their industry to meet the 1970 housing goals. Based on census figures, there are in validity. The public should not be misled by ex­ this country about 7 million substandard But the estimates of all three groups of cuses that the new "breakthrough" did housing units which should be removed. the number of units which should be built not arrive. This is the number of houses which are each year for low- and moderate-income OPERATION BREAKTHROUGH so dilapidated or lack elementary plumb­ families are almost precisely the same. Now, what about the Secretary's Op­ ing that they are unfit to live in and NEED 500,000 TO 600,000 UNITS FOR LOW- AND eration Breakthrough as distinguished should be destroyed and replaced. MODERATE-INCOME FAMILIES from the general talk about new systems In addition, there are about 4 million The Douglas Commission called for breakthroughs? standard housing units which are over­ 500,000 units a year, exclusive of those By promoting industrialized housing, crowded. That is to say, there is more for the elderly, for low- and moderate­ the Secretary is going down the right than one person per room living in the income groups. path. By calling it Operation Break­ same house, which is the census test for The Kaiser Committee and HUD called through, he, unfortunately, calls up all overcrowding. for 600,000 units a year, including reha­ the connotations and symbols associated About 4 million new units need to be bilitated units and units for the elderly. with the mumbo-jumbo of HUD press built to house the second family in these So I think these are about the same. releases over the last decade. standard overcrowded units and in the The Douglas Commission stressed By asking for a series of prototypes to substandard overcrowded units. building more units for the abject poor, be tested for marketability and in an We, therefore, need a total of at least the poor, and the near poor than did actual setting or physical environment, 11 million units merely to replace existing HUD and the Kaiser committee. As such the Secretary is pursuing correct, policies. dilapidated units and to house those in units require a somewhat larger subsidy, But the initial announcement that only overcrowded units. the differences in the numbers recom­ 30 to 40 units of each prototype is to be CONSERVATIVE STATEMENT OF NEED mended can be accounted for in large built is wholly insufficient. This need is very conservatively stated. part by this di:ff erence in emphasis. In In fact, that fails to carry out the man­ This is true because: all cases, while the number of units datory language of section 108 of the First, the estimates are based on cen­ might vary, the costs would be almost Housing Act of 1968. That language calls sus data. A unit with no kitchen, with the same. for at least 1,000 units a year of at least plumbing in the basement although the As a consequence, virtually every in­ five prototypes for 5 years, or 25,000 units unit is on the second floor, with inade­ dependent group which has examined to test whether costs can be reduced by quate total space or sleeping space, with housing needs agrees that we need to mass-production methods. As the author an absence of light or ventilation, or build from 500,000 to 600,000 units a year of that amendment, I think I know what with low ceilings, to use several examples, of subsidized housing if the housing I am talking about. It is required. would not necessarily be included as a needs for low- and moderate-income If we are to get a genuine test of "substandard" unit. groups are to be met in the next decade. whether industrialized housing can suc­ Because of these inadequate defini­ These facts, in my judgment, are suffi­ ceed in cutting costs, a far larger num­ tions, the census data underestimates cient reason for us to insist that the ber of units must be built than the 300 housing needs. housing goals be met. to 500 units overall Mr. Romney proposes. Second, the data is based solely on the MORAL OBLIGATION TO MEET HOUSING GOALS Cost cutting can only come with volume. condition of the house and makes no But there are other reasons why we And industrialized builders almost uni­ judgment about the environment. If the must bend every effort to meet our hous­ versally agree that a producer needs to house is unfit to live in because it is sur­ ing goals. In addition to the actual hous­ build at least 1,000 units before the effi­ rounded by freeways or railroad tracks; ing needs, we have certain moral obliga­ ciencies of mass production begin to off­ if noxious fumes pour down on it from tions to meet these needs because of past set the huge initial capital costs involved nearby factories; if the lot next door is failures. in factory-built housing. littered with garbage; if there are no Let me spell these out. Finally, while "Operation Break­ street lights; if there is an absence of The first is the failure of society and through" is to be welcomed, it must not police protection; if a liquor store is on HUD and succeeding administrations to become an excuse to put off a major effort the corner in a residential neighborhood; meet the 1949 Housing Act goals. to meet the 1968 Housing Act goals. if there is a rendering works in the block; In 1949, Congress provided that 135,- The 300 to 500 units under Operation if the noise level is excessive; or if the 000 units of public housing a year for 6 Breakthrough will not be built for 22 streets are not paved or if there are years would be built. This was a total of months or more, according to the HUD potholes in the blacktop; such a unit 810,000 units of public housing for 6 announcements. As the Secretary made would not be classified as substandard if years. the success of Operation Breakthrough a its physical condition met certain stand­ The same 1949 act also authorized the precondition of meeting the housing act ards and it had a minimum amount of urban renewal program. The compact goals, that means he has thrown in the indoor plumbing. was that when urban renewal cleared the towel for 1969, 1970, and 1971. So our housing needs based on census slums, the public housing provision of the That must not be done. Operation data are grossly underestimated. law would provide housing for many of Breakthrough, with its strengths and its GENERAL AGREEMENT ON NEEDS the poor who were displaced. limitations, must not become an excuse for inaction, postponement, and delay. But with all their shortcomings, the Like the animals in Noah's Ark, the census figures are the best we have. In two programs were to proceed together. WHY THE GOALS SHOULD BE MET AND HOW TO addition, a number of committees, com­ FAILURE TO BUILD PUBLIC HOUSING MEET THEM missions, and agencies have come to We tore down the slums. We left huge Now, let me turn to two general areas roughly the same overall estimates as that directly relate to the housing prob­ vacant spaces in the center of our cities. to the amount of housing we should build But we did not build the public housing. lem. The first is what our housing needs if we are to meet these needs plus those are and why, as a society, we have a brought about by new family formation, Urban renewal destroyed some 400,- moral obligation to meet them. conversions, mergers, vacancy rates, and 000 housing units. These units by defini­ The second major area is how these so forth. tion housed the poor, however badly. But needs can be met, how the housing goals Working independently, the Douglas only about 20,000 public housing units­ can be reached, and why we should no Commission, the Kaiser Committee, and mind you, urban renewal destroyed 400,- longer accept excuses from the Secretary the Department of Housing and Urban 000-have been built on urban renewal about them. Development all estimated that we need sites during the 20 years of the program. Contrary to the Secretary's statements, to build from 2.25 to 2.6 million total And the unvarnished facts about the the funds, the land, the resources, and housing units a year if we are to meet total amount of public housing built, as the technology are now at hand to meet our housing needs in the next decade. Be­ brought out by the Douglas Commission, the goals. cause of the inclusion or exclusion of are that in 20 years we built only two- June 2, 1969 CONGRESSIONAL RECORD - SENATE 14493 thi!ds of the number of public housing made some interesting calculations for shortage of funds which prevents the umts we were pledged to build in 6 years. the early years of the 1960's. He finds Secretary from meeting the housing . These facts heighten our moral obliga­ that the value of the housing subsidies goals for next year. tion now to meet the housing goals of for those with middle incomes or more The funds are there if the Secretary the 1968 act. was three and one half times as great as will use them. Let me be specific. MORE HOUSING DESTROYED THAN BUILT the value of the housing subsidies for PUBLIC HOUSING FUNDS the poor. ~he second fact is that through public There is available for fiscal year 1970 ~r. Shorr estimated that the poor re­ act~ons over the past 2 decades, our some $473,500,000 to pay for the local society has destroyed more housing for c~ryed $820 million a year in housing sub­ public housing "contract reservations." poor people than we have built. siW:es. He included in this amount the No further appropriation is needed. Under urban renewal, highway pro­ public housing subsidy, 25 percent of These funds are available and can be g!ams, equivalent demolitions, demoli­ welfare payments as an estimate of the used now. With no further action by t10ns. for public housing sites, under payments for rent, and the actual dollar Congress the Secretary can start almost housmg code enforcement, and through savings from income tax deductions. 160,000 new public housing units. other public actions, more than a million B1;1t middle- and upper-income groups Secretary Romney has no reason or units housing poor people have been rece~ved not $820 million, which the poor excuse not to meet the public housing received, but $2.9 billion a year in hous­ goals of the 1968 act. destroyed. ing subsidies when measured by the ac­ The Douglas Commission estimated SPECIAL ASSISTANCE AND MODERATE INCOME tual dollar savings for the deductions FUNDS that another 750,000 units will be frc:>m the Federal income tax they re­ destroyed through public actions in the ceived for mortgage interest paid and for There are a variety of programs ad­ next 5 to 6 years. personal property taxes. ministered by HUD where Congress has In recent years, we have never built Mr. Shorr did not count the total de­ made funds available to the administra­ mor~ ~han 100,000 units of all kinds of duction but only the actual tax savings. tion, and particularly to the previous subsidized housing. Thus, if we continue Thus, if a family in the 25-percent in­ FNMA-Fannie Mae-and the new at the recent rate we will destroy in the come tax bracket deducted $100 for in­ GNMA-Ginny Mae-so that the mort­ ne~t 5 to 6 years about 50 percent more terest paid, Mr. Shorr counted only $25 gages under a variety of subsidized pro­ uruts for poor people than we build. as the subsidy. grams can be purchased by GNMA . . ~ese facts, too, heighten our respon­ An even more shocking fact is that the These funds are available and can be sib1hty to meet the housing goals of the upper 20 percent of income groups--this used with no further appropriation from 1968 act. Congress. They can be used for the RED LINING is only the richest one-fifth of our peo­ ple--received $1.7 billion a year in hous­ 221 (d) (3) or moderate income program. A third past policy which calls for some ing subsidies, or twice as much as the They can be used for the special assist­ red~eming action was that until the $820 million received by the lowest 20 ance programs under FHA sections 220 sprmg of 1967, the Federal Housing Ad­ percent of income groups. Just think of and 221 of the housing laws. These latter ministration-FHA-refused to guaran­ that: The wealthiest 20 percent, since sections provide funds for subsidized t~e. loans ~n the ghettos of the central 1960, have received twice as much in housing in urban renewal areas, reha­ cities of this country. subsidies for housing as the poorest 20 bilitation programs, and for relocation The policies of the FHA not only failed percent in our society. activities, among other programs. to help the poor. The policies of the FHA Middle- and upper-income groups The funds which are available under 'V.'.ere not merely neutral. But FHA poli­ should have no objection if the Federal these programs are almost unlimited. cies were actively hostile to the housing Government subsidizes those at the They include: ne~ds of the poor. This is a great moral lower end of the economic ladder when First, $467 million in unused special stam on the conscience of the Nation the former have received so much more assistance money. These funds are avail­ This policy was called red lining. It ~as in housing subsidies than those who need able and can be used by Secretary named for the real or mythical red lines subsidies most of all. Romney now. drawn around certain geographical areas MORAL DIMENSION TO NEEDS Second, $421 million in authority for of ~he central cities where FHA refused GNMA to buy mortgages, which has not to msure, where banks and savings and These facts--first, the failure to build public housing; second, the destruction been used. loan companies then refused to make Third, $500 million in additional funds loans, and where, under Federal housing by public action of more housing for poor people than has been built· third for the moderate income or 3 percent code laws and regulations, no funds 221(d) (3) program which the Congress could be spent to upgrade blighted areas the policy of red lining by the FHA, and fourth, the fact that the highest one­ made available under the 1968 act. This or to prevent their further deterioration. was done so that there would be no short­ These funds to the cities for housing fifth of income groups receive twice the amount of housing subsidies as do the age of money while the 221 (d) (3) pro­ code enforcement and for grants and gram was being phased out and the new loans .to the occupants, could be spent lower one-fifth of income groups--give a moral dimension to the statistics on home ownership and rental subsidy pro­ only m the "declining" or the "gray grams under sections 235 and 236 were are~s,'' but not in the slums or areas housing needs which neither the country ?Or Congress nor Secretary Romney can phased in. ~es1gnated for future urban renewal, or DOUBLE TALK m those areas which had hit bottom. ignore. HOW TO MEET THE HOUSING GOALS The funds are there. Under the 1970 The public policies followed by the budget proposed by President Johnson FHA and urban renewal essentially In his testimony before the Subcom­ it was proposed that the $500 million b~ abandoned the poor and the homes of mittee on Housing of the House Bank­ deferred until fiscal year 1971. But in the P?~r in the blighted areas of the cen­ ing Committee on May 12, Secretary tral cities. Romney proclaimed time and again that the new Nixon budget, the President un­ while he favored the housing goals, they fortunately asks that these funds be BULK OF SUBSIDIES TO MIDDLE AND UPPER rescinded. INCOME GROUPS could not be met in present circum, stances. The Secretary of HUD, Mr. Romney, The fourth thing we did was to provide can hardly claim that success in meeting far more housing subsidies to the wealthy Among the key points he listed. "If we are going to have a chance of meet­ housing goals is conditional upon enough than to the poor. This may surprise many funds from Congress when, under one of who have been led to believe that housing ing-or even approaching-the housing goals expressed in the 1968 Act" was the the main programs, the Nixon adminis­ subsidies go to the poor and that the tration is asking that the funds for at well-to-do are somehow self-sufficient I "funding of programs enacted by Con­ gress to provide housing for low and least 25,000 units of moderate income think it shocks many people when th~y housing be rescinded. This is doubletalk. hear tha~ the wealthy in this country moderate income families." have received more subsidies for housing FUNDS ARE AVAILABLE NOW MODERATE PROGRAM CAN WORK from the Federal Government than the This also must not be used as an ex­ The moderate income housing program poor have received. cuse. With the funds available now plus is just now getting into high gear. It has Mr. Alvin Shorr of the Department of those which we can reasonably e~pect tremendous advantages. Health, Education, and Welfare has Congress to appropriate, there is no Let me list a few of them. 14494 CONGRESSIONAL RECORD- SENATE June 2, 1969 Under it, there is little risk to the in­ changes in the 1968 Housing Act re­ in the central cities of the United States. vestors. Construction loans are insured. quiring that 50 percent of the housing in Some of this land can be used. The interest rate is subsidized down to urban renewal areas be built for low- and 3 percent. The program guarantees the moderate-income families, it will have a FHA AND VA FORECLOSED UNITS long-term mortgages. There is what is greater impact on low-income housing in There are thousands of FHA and VA called a "Ginny Mae takeout"; that is, the future. foreclosed units. Why not use more of Ginny Mae, the corporation, buys the Thus, while not critical, this program these to house low-income families? mortgages and provides the money to the must be considered when we ask whether These are actions which the Secretary original financiers. or not sufficient funding now exists to can take or urge his subordinates to take This program has widespread public meeUhe housing goals. and which should be or should become support. Its sponsors are nonprofit or Again the answer is "Yes." Filnds for public policy of the United Staites. limited dividend groups. Some of the urban renewal are appropriated 2 years VACANT LAND IN MAJOR CENTRAL CITms finest subsidized housing in the country in advance. Unlike almost every other There are other opportunities too. In has been built under it, such as the budget appropriation, urban renewal gets Research Report No. 12 of the Douglas marvelous La Clede project in St. Louis. a 1-year time lead. Commission, entitled "Three Land Re­ Yet at the same time the Secretary is As a result Congress has already ap­ search Studies," some amazing facts poor-mouthing and making excuses that propriated funds in the amount of $570 about land use in our largest cities are he cannot meet the 1968 Housing Act million for urban renewal for fiscal year brought out. goals because of a possible limitation in 1970. This includes those model city funds OVER ONE-FIFTH OF LAND UNDEVELOPED funds from Congress, he and the admin­ which are to be used in urban renewal areas. Some may not believe it, but 22.3 per­ istration are asking that $500 million in cent of the land inside American cities authority for this program be rescinded. Here, too, the funds are available with­ of 100,000 people or larger is "undevel­ That, I think, is ridiculous. out further need to ask Congress for appropriations. oped." In the cities of over 250,000 in The fact is that the Secretary has over size, some 12.5 percent of the land is "un­ $1.3 billion for the moderate income and AN ABUNDANCE OF SITES developed." The data is given city by city. , the special assistance programs which is Let us turn to the next problem us­ SURVEY THE LAND available and can be used now with no ually given as an excuse for the failure further action of any kind by the Con­ to meet our housing needs; namely, the Of course not all of this land is avail­ gress. problem of land or housing sites. able or suitable for housing sites. But THE NEW 1-PERCENT PROGRAMS some of it is. I call upon the Secretary, URBAN RENEWAL SITES Secretary Romney is correct in saying using the Douglas study as a source, to that Congress must appropriate funds be­ Here, too, the answers to many of the join in a cooperative effort with the cities fore the new 1-percent homeownership difficulties are within the Secretary's own to survey the over one-fifth of their land and rental programs can be carried on. purview. wh!ch is "undeveloped" for iis possibili­ These programs are known as the section The first thing he should do is to pay ties for housing sites, parks and recrea­ 235 and 236 programs and were first au­ a visit to his own Assistant Secretary for tion centers, and community facilities thorized in the 1968 Housing Act. Housing Assistance who runs the urban which would make it possible to build These programs are very popular. renewal program. decent housing in a suitable living en­ Funds in the amount of $25 million for Urban renewal has cleared thousands vironment in the central cities where it is each of the programs, or a total of $50 of acres of land in the central cities of now said no, or few, housing sites exist. million, have already been used up. The this country. Vast acres still lie idle. Mr. President (Mr. EAGLETON in programs were so popular these funds In the center of Cleveland, in Detroit, the chair) , these are just some of the had to be rationed. The administration and in St. Louis, to name ·only three, ways in which land and sites can be has asked that an additional $50 million there are an abundance of housing sites found for housing America's low-income for each of them be appropriated as a on existing urban renewal land. families. supplemental appropriation this year­ Less than half of this land has been MOVE ON BUILDING CODE REFORM "committed,'' to use a technical urban fiscal 1969. They are asking for $100 mil­ Now let us look at the question of lion for each program for next year. renewal phrase. That means that no spe­ cific contract or arrangement has yet building codes, which have often pre­ The House Appropriations Committee vented or slowed down or added to the originally provided only $25 million. But, been made for the particular use of the land. cost of building decent housing in the they have now increased the amount to central cities and suburbs. $75 million for each program. They did Under the 1968 Housing Act, in future urban renewal projects at least 50 per­ These things need to be said about this, however, only after Mr. Romney got building codes. members of his own party to switch and cent of the units must be subsidized hous­ vote for the funds. ing. But the 25-percent requirement does THE PROBLEM Congress will provide most of this not apply to the existing projects. First of all, building codes are State money if the Secretary's own party will This land lies empty at the same time police powers exercised by the localities. support him. There are enough votes we hear complaints that there is no land But they are "State" powers. from liberal and progressive Democrats or sites for housing for low-income fam­ Second, under the provisions of the in both the House and the Senate to fund ilies. national "model" building codes, most these programs provided only that the The Secretary should call in the may­ modern practices, products, techniques, President's own party supports them. ors. He should urge them to review these and processes are sanctioned and ap­ Mr. Romney has his work cut out for sites. He should press them to build pub­ proved. This includes plastic pipe, him. But before he blames Congress for lic housing and 235 and 236 housing and plumbing trees, and electrical harnesses, the lack of funds, he should see to it that moderate-income housing on these sites. to name a few. members of his own party support their These sites are controlled by the city Third, the problem arises when the President. governments. They have been subsidized localities either have no "model" code In summary, it is fair to say that there by Federal money. In the emergency in effect, of change those codes by local are not only enough funds to meet the which this country faces to house poor ordinance, or fail to keep the codes up housing goals for fiscal year 1970, but people in the central cities, these sites to date to admit new products and proc­ there are more funds available and al­ should be used. esses approved by the national "model" ready provided by Congress than the Sec­ CITIES OWN TAX-DELINQUENT SITES codes. retary and the administration are pre­ There are other places to build as well. Fourth, this prevents the application pared to use. The cities have taken hundreds of sites-­ of mass production techniques for indus­ The lack of funds is no excuse. in Philadelphia, in Chicago, in New trialized builders, or even for conven­ URBAN RENEWAL FUNDS York, in Detroit, and in St. Louis---be­ tional builders who attempt large-scale Urban renewal has not been one of cause of tax delinquency. Why not build production, because the plans and prod­ the major housing programs. Basically it on them? ucts and specifications have to be al­ has been a land assembly program. None­ USE FEDERAL LAND tered every time some local municipal theless, it does have some impact on the Then there are hundreds of acres of boundary line is crossed. amount of housing built. Due to the land which the Federal Government owns That is the problem. June 2, 1969 CONGRESSIONAL RECORD- SENATE 14495

THE ANSWERS The most modern products and modern This is another place where fact needs The answers are several in number. techniques and processes could be used. to be separated from fiction. First, the States, whose police powers The only test would be, Do they meet Third, some items which are said to be are being exercised by the localities, fair and objective standards? restrictive practices, especially with re­ should pass legislation providing that That is a way by which the most diffi­ spect to the use of tools, have legitimate any local builder can build, or any indus­ cult problems associated with building safety reasons behind their exclusion. In trialized housing can be erected which codes can be solved. other cases, genuine job security is at meets the provisions of one of the na­ HUD should get on with the job of stake. There are gray areas involved in tional model codes. carrying out these constructive Douglas both these issues. But the building indus­ The States need merely provide that Commission recommendations. try is one of the most cyclical of all in­ where there is no code, the provisions of RESTRICTIVE PRACTICES dustries. It is like a roller coaster in terms an existing national model code should of what gets built from year to year. It One of the constant and repeated as­ is also highly seasonal. There are often apply. Where there is a local code which sertions about the building industry is is restrictive, the States should provide high hourly rates, but workers end up that the unions in the industry are in­ getting a relatively low annual income that any housing which meets the pro­ volved in numerous and repeated re­ visions of a national model code can be especially if tight money or the weather strictive practices which result in higher restricts building. built regardless of local restrictions. costs, impede the building of housing, Since codes are State police powers, the and may prevent us from reaching our COLLECTIVE BARGAINING States have every right to do this. An housing goals. Fourth, there are restrictive practices, alternative is for the States to adopt one This issue is highly complex. It is con­ or what outsiders might call restrictive of the national model codes as the fusing. There are more rumors and myths practices, which are the result of the col­ "State" code and provide that its provi­ and misinformation about restrictive lective bargaining process. Unions may sions take precedence over any local code practices than almost any other subject. gain the right to certain rules or condi­ provisions which are more restrictive. Let me try to distinguish fact from tions, generally because it involves safety HUD could draft enabling legislation on fiction and indicate what needs to be or job security, only by giving up 10 or 15 this matter within a matter of days. The done so that this issue does not impede cents an hour in wages. This then be­ Governors could be called in and urged us in meeting our housing goals. comes an agreement, reached not only to present such legislation to their leg­ First of all, let us state a few facts. by the unions but also by the employer. islatures as soon as they meet. Eighty · percent of the housing in this When, in turn, some employers organiza­ USE FEDERAL CARROT TO REFORM CODES country is built by nonunion labor. Let tion or uninformed outside group charges Second, the Federal Government me repeat, 80 percent-four out of five­ the unions with an unfair restriction, should tie the things the States, cities, of the houses in this country are built by they fail to mention that there were two and independent businesses and building nonunion labor. That is not generally sides and that the unions gave up some­ institutions want, such as water and known. Many of the arguments, true or thing, in work conditions or pay, for the sewer grants, FHA guarantees, and per­ false, about restrictive practices in the agreement. haps highway and public works funds, construction industry revolve around The famous Philadelphia door case is tie these "goodies" to the existence in building skyscrapers, bridges, and high­ an example of such collective bargaining the State and localities of a model code ways, but not housing. agreement. The Supreme Court did not, which is up to date and which has not The fact is that in the suburban and as is widely charged, prohibit the use of been amended. smalltown and rural areas of this coun­ prehung doors or prefabricated products. Third, the urban renewal areas and on try, the workmen are nonunion and de­ This was a case in which the unions city and federally owned sites, the cities pendent on the employer. In the large and the employers had a contract that and the Federal Governments have the central cities where unions are strong, prehung doors would not be handled on power now to provide that mass pro­ they are often equal to and sometimes the job. The provision of the contract duced or industrialized housing which hold the upper hand over the employer was attacked as an illegal secondary boy­ meets the provisions of existing model in this fragmented industry. cott under the Landrum-Griffin Act. The codes can be built. There need be no Thus, union restrictions, even where court determined that such was not the delay at all in moving in these areas. they exist, affect only a small portion of case. But that decision did not prohibit the use of prehung doors or prefabricated UMBRELLA ORGANIZATION NEEDED the homebuilding industry. And that fact is generally not known. products, elsewhere or in general, as is so Finally, some mechanism needs to be often charged. MANY RESTRICTIONS DUE TO PRODUCERS established, such as the Douglas Com­ As the Douglas Commission wrote on mission recommended, to make certain Fact No. 2 is the many restrictive prac­ this point: that the standards used in the national tices in the industry have nothing or lit­ tle to do with the unions. Instead, they The Supreme Court has, unfortunately, model codes are both safe and up to date. been widely misunderstood in these ruling. The Douglas Commission proposed that are fights between and among producers The door case often is cited as holding that the National Academy of Sciences act and contractors. Or they are zoning or prefabricated components are considered bad as an umbrella agency for both private subdivision restrictions or are imposed as by the courts or that a union at any time and Government groups to do research fire safety provisions. Take the most may refuse to work on a job which uses such on new techniques and to test them once notorious restriction in recent years; components. In fact, the decision states only they are developed. namely, the prohibition of the use of that exclusion of such products, where they plastic pipe in drain, vent, and plumbing threaten job security, may be a legitimate The research and testing would not be subject of a collective bargaining agreement done by the Academy, but would be done units. Basically this is a fight between the and enforceable as such. by private industry, testing laboratories, cast iron soil pipe industry and the plas­ and Government agencies. But the stand­ tics industry. In most areas it is not a RESTRICTIONS NOT PRACTICED ards would be set by the Academy. When union restriction. But the unions often Finally, one finds some restrictions the standards were met, either objective receive the general criticism. written into contracts which are never or performance standards, this could be In some places wood frame exteriors practiced, and some restrictions which certified by the academy. are prohibited for multifamily housing of are practiced which are never written in­ By this method, a stamp of approval three stories or less. This is obviously re­ to contracts. The latter stems most often from a prestigious source could be placed strictive and ridiculous. The Douglas from the fact that the national building on new products and processes. commission determined that wood frame trade unions have limited local jurisdic­ This would insure their adoption by exteriors were prohibited by 25 percent tion which is due to the fragmented and the national code groups. That, combined of the building codes in the country. dispersed nature of the industry. with State legislation and conditions im­ This restriction is generally not just a Let me give an example. In New York posed by the Federal Government for union restriction. It is done, allegedly, on City it was charged that the ironworkers water and sewer grants, FHA insurance, grounds of fire safety and is a fight be­ required the onsite bending of reinforc­ highways, and public works projects, tween the lumber interests on the one ing rods. It is more efficient if rods are would insure that such standards were hand, and the brick and mortar and bent in the shop before reaching the included in local codes. other groups, on the other. site. CXV--913-Part 11 14496 CONGRESSIONAL RECORD - SENATE June 2, 1969 When the Douglas Commission brought PROTECT AGREEMENTS ident, I ask unanimous consent that the this charge to the attention of the union, Finally, there must be much more order for the quorum call be rescinded. they replied that the general rule is that widespread use of project agreements. The PRESIDING OFFICER. Without materials and work which can be done Under the Housing Act, there will be a objection, it is so ordered. or fabricated in the shop, and which by great opportunity to aggregate markets practical work operations can be moved and to build a large number of units in to the field, are accepted and handled on specific projects or in a particular city COMMUNITY CREDIT EXPANSION the site when received there. or area. ACT The union said that it knew of one or Project agreements can be and should Mr. PROXMIRE. Mr. President, on two local exceptions to this rule, but said be negotiated with the building trades May 13, I introduced S. 2146, The Com­ that of the total tonnage of reinforcing for the conditions of work and hourly munity Credit Expansion Act, which rods installed, 99 percent or more are pay and tools and methods to be used. seeks to provide more credit in our bent in the shop, and not on the site. Numerous project agreements involv­ troubled inner cities and depressed rural THE ANSWERS-HIGH VOLUME NEEDED ing the space industry, defense con­ areas. The proposed legislation would op­ tracts, and large public works have been erate primarily through existing financial What are the answers, then, to the real successfully negotiated time and time institutions and would seek to increase or imagined restrictive practices found again in the past. This successful the supply of business credit, mortgage by organized labor in the industry? method must be applied to the housing credit, and mortgage credit in both urban The first is to get a high level of pro­ industry. and rural poverty areas. duction. That is why Mr. Romney should It is the best possible way to avoid One title of the bill would establish a meet the housing goals. Many restric­ restrictions, to bring work continuity, new kind of bank whose leading activi­ tions can be overcome if we increase the and to provide an abundance of housing. ties would be confined primarily to pov­ total amount of new housing built each Thus, by a high level of production, erty areas. While many banks have taken year from the present level of 1.5 million by continuity of production, by advance a renewed interest in ghetto loans. it units to the 2.25 to 2.5 million units notice and early discussions with the seems evident that without some form of recommended by the various commis­ unions, and by project agreements, those Federal inducement an appreciable at­ sions, committees, and experts in the genuine restrictive practices which actu­ tack upon the problem will not be forth­ field. ally impede the construction of housing coming. Many restrictions will end when the can be overcome. I firmly believe that the Community reasons for them end. That is why meet­ Credit Expansivn Act, or something like ing the housing goals is so important. SUMMARY HUD has the funds needed to meet it, would provide the incentive to the The second answer is to get continu­ private financial community to increase ity of production. Together with a high the housing goals. These funds exist now. These funds for public hous­ substantially their financial commitment volume of production, the restrictions in urban and rural poverty areas. which fiow from the highly cyclical and ing, urban renewal, special assistance, and the moderate-income program, Mr. President, an article published re­ highly seasonal nature of the industry cently in the Christian Science Monitor can end. This is another reason why the plus those Congress is in the process of appropriating, provide more than enough described the problem of obtaining an Secretary should work to meet the hous­ adequate fiow of investment capital .in ing goals. money to meet the housing goals for this year and next. urban poverty areas. I ask unanimous There is an old saying that a high tide consent that the article, written by Rich­ fioats all the boats. With high produc­ The land is available. Half the existing urban renewal areas are vacant and with ard A. Nenneman, be published in the tion and continuity of production, the RECORD. fears and reasons for restrictions end. no specific plan to build on them. The cities have hundreds of tax delinquent There being no objection, the article Trade-offs can be made. Practices neces­ was ordered to be printed in the RECORD, sary because of the small amount of sites. The Federal Government owns vast acreages in the cities. There are thou­ as follows: work or the seasonality of work can be NEW BANK SETUP FOR GHETTO LOANS? given up when work is there the year sands of VA and FHA foreclosed units (By Richard A. Nenneman) around. where the poor could be housed under ADVANCE NOTICE the leased-housing programs. Twenty­ NEW YoRK.-Money, money, who's got the two percent of all land in the 130 largest money for black economic development? There is another general rule which cities of the country is still "undevel­ The banks, the savings and loan associa­ must be practiced. That is bring the oped," according to the Douglas Commis­ tions, and the life-insurance companies, unions and the employees in at the be­ sion study. that's who. ginning of efforts to build new projects, Look at them: 14,000 commercial banks The states and HUD should move on with $400 billion; 500 savings banks with to use new materials or tools, and to do the building code problem by providing another $70 billion; 1,600 life-insurance com­ things differently. through State legislation and Federal panies with $300 billion; and 6,000 S&L asso­ This past recess I had a chance to action that conventional and industrial­ ciations with $150 billion. meet with the building construction ized building can take place provided only In any discussion of the private sector's trades people, the union people, in the that the up-to-date provisions of the na­ role in ghetto development, what these in­ stitutions can do and decide to do with their city of Milwaukee. They agreed that tional model building codes are met. Fur­ money is a foremost factor. How they use what they were most interested in was thermore, it is already within the powers their money depends on several things; the an opportunity to consult in and be a of the cities and the Federal Government potential profits available; the risks involved; part of the new approaches and new to build without restrictions on city land, and rules, regulations, and habit. processes involving new technologies. urban renewal sites, and Federal land Large blocs of money are going to come Advanced notice can avoid jurisdic­ inside cities. into the ghetto in two ways: through loans The problem of genuine restrictive to black business and through real-estate tional disputes. Early warning or early lending. It is the commercial banking sys­ notice has been successful time after practices can be overcome by both a high tem that makes the business loans. The other time. level and continuity of production, by institutions jointly hold the nation's indi­ The schools in California are now built advanced notice and discussion with the vidual savings. Savings banks, S&L's, and unions, and by the use of project agree­ life-insurance companies will have their ef­ by mass produced or systems methods. ments. fect mainly through what they can do to The unions were brought in at the be­ For all of these reasons, there is no ex­ upgrade real estate in the ghetto and to find ginning. New methods and devices have cuse for the Secretary to temporize any ways for blacks to own their own homes. been used. But there has been no trouble, longer over meeting the housing goals DIFFERENT CHALLENGES because they were informed and because established by the 1968 Housing Act. The two types of institutions operate un­ they shared in the increase in produc­ Mr. President, I suggest the absence der different kinds of regulation and face tivity. of a quorum. · different challenges in the ghetto. The same was true in the national The PRESIDING OFFICER. The clerk To take the banks first, they are a heavily regulated industry. Besides stiff federal rules, homes experiment in Chicago where the will call the roll. most of them have state interest-rate ceil­ unions were brought in ahead of time The assistant legislative clerk pro­ ings. The best credit risks pay the lowest and where mass production techniques ceeded to call the roll. interest rates. were used without difficulties. Mr. BYRD of West Virginia. Mr. Pres- But in these times of record high interest June 2, 1969 CONGRESSIONAL RECORD- SENATE 14497

rates, everyone is paying a stiff price for made. Most of the consulting services are SEVERAL PROJECTS NOTED money. And the "reward" of the highest in­ provided free by members of New York The trade associations of the savings terest a bank can charge is not sufficient to consulting firms. cover much degree of risk. This is a major banks and S&L's have not engineered any­ reason no large amounts of bank money have NEW STRUCTURE URGED thing as complicated as the $1 billion life­ While Coalition Venture is small, it seems insurance program. The close to 7,000 S&L's fiowed to ghetto businesses in the past. and savings banks are mostly local institu­ Many banks in major cities are trying to to be an example of how a community credit find ways to increase their ghetto lending. bank could work closely with ghetto busi­ tion's locally owned or controlled. The trade The First Pennsylvania Bank & Trust Com­ nessmen, ferret out those with management associations have served mainly to pass on pany in Philadelphia has been a leader. Some talent, and at the same time attract tradi­ information on what is being done and how banks have opened special departments to tional sources of money for the less risky to do it. ghetto lending (mainly because they need parts of their operation. Several major programs, such as Boston's personnel with an extra degree of under­ Mr. Wilcox at Citibank stresses his belief rehabilitation project which took in 2,000 standing and experience for the job) . that the banking system cannot, on its tra­ units have been accomplished under Section Yet bank lending under normal conditions ditional terms of operating, meet the finan­ 221-d-3 of the 1965 National Housing Act. can't do the job. There aren't enough blacks cial needs of the ghetto. A local structure The paper work is apparently rough the first that qualify for loans. Their business ex­ must be built, he feels "strong enough for time around. After that it gets easier. perience often ls too brief. And what they the work tha-t needs to be done." Saul Klaman, economist for the National often need is equity-the original investment The problem with the savings institutions Association of Mutual Savings Banks, says money-which banks by law cannot provide. and the life-insurance companies is some­ massive money will flow into the ghetto only Thomas R. Wilcox, vice-chairman of New what different. Here they are dealing pri­ with government guarantees. He would like York's First National City Bank, said "We marily in real estate, whose value gives some to see the FHA emphasize that its main in­ will lower our lending criteria by perhaps protection to their mortgage loans. There are terest today is in seeing money flow into the one notch in making a business loan in the still risks involved in collecting money from ghetto. ghetto. But we don't feel we can go much individual wage earners, but not the risks He also sees a big opportunity for the farther than that." one takes on in lending to a business. savings institutions in Sections 235 and 236 Yet Mr. Wilcox is personally deeply com­ The approaches taken by the savings in­ of the 1968 Housing Act, if it is adequately mitted to economic improvement in the stitutions have varied. The most widely pub­ funded. These provide for the government ghetto. How would he have the banking sys­ licized has been the $1 b1llion life-insurance to subsidize the interest part of a mortgage tem do more? Through something like the industry commitment made last year. This payment. This makes it easier for a poor legislation introduced on May 13 by Sen. April it was raised to $2 billion; more than person to own a decent home, and also William A. Proxmire {D) of Wisconsin, $900 mlllion of the original money had been gives the government the most for its dol­ called the community credit expansion bill. committed (although not actually dis­ lars spent (as opposed to former programs Senator Proxmire's b111 may be rewritten bursed). in which the government bought the whole before it gets as far as committee hearings. PROGRAM CRITICIZED mortgage). But its basics are appealing. Drawing on The savings banks and S&L's are privately The private financial sector is on the move last fall's subcommittee hearings of the somewhat critical of the life-insurance in­ looking for innovative ways to use its Senate Cammi ttee on Banking and Cur­ dustry's approach. They feel that to a cer­ money. Parts of it may still need a stronger rency, it is his conclusion that none of the tain extent it ls playing the numbers game. motivation to get involved in the ghetto. But existing institutions can adequately fund However, the program ls impressive. It puts given the need to make a profit and the re­ ghetto needs. the life companies on the spot, in the first strictions under which most financial insti­ Senator Proxmire would set up national place, to sign up and be on record for how tutions operate, the largest volume is going development banks, which commercial much money each one will put into ghetto to get done in tandem with a system of gov­ banks could operate as subsidiaries. The mortgages. Then through using the Life In­ ernment guarantees and subsidies. These development banks would have preferential surance Association as a clearinghouse to can make further private action feasible access to funds. In lending, they would dig qualify ghetto loans, it helps to see that the with the best leveraging possible for the deeper down into the risk barrel, and fol­ loans get made at normal interest rates. federal budget dollars that are spent. low through with close supervision of the loans. The banks would also have limited Moreover, not all of the $1 billion the authority to guarantee loans made in the companies originally agreed to lend is pro­ ghetto by other financial institutions. tected by FHA insurance. Nearly $100 mil­ PRIVILEGES ACCORDED U.S. OIL lion has been lent to hospitals or nursing PRODUCERS DEALS REQUIRE RISKS homes in or near ghetto areas; $20 m1llion to There is at least some evidence that this shopping centers and supermarkets; $15 mil­ Mr. MONDALE. Mr. President, for kind of development lending could work. In lion for other retail space, and $15 million for some time I have been concerned about New York, for instance, the Urban Coali­ welfare and recreation space. the privileges our Government has ac­ tion has provided {through corporate gifts) These loans have helped build installa­ corded oil producers. Oil producers ben­ $1.25 million in funding for a new corpora­ tions that provide both community services efit from the 27 ¥2 percent oil depletion tion, Coalition Venture, which acts very and jobs. In another category, at least $50 allowance, from drilling allowances, and much as a development bank. Although it million has been lent to build factory and has had only $1 million to lend, it has been warehouse space. This directly increases from import quotas against foreign oil. able to leverage this money and get an ghetto employment. Recently, before the Subcommittee on addl tional $4 million in commercial bank Antitrust and Monopoly testimony was NEW PROJECTS FOUND loans. presented showing that despit~perhaps John Baker, the president of Coalition The life companies are finding they can because of-all of these protections, U.S. Venture, said, "The banks won't make a do things they just didn't think about be­ oil is more expensive than it would be ghetto loan unless everything is sewed up fore. For instance, John Hancock in Bos·ton as perfectly as their other loans. We don't agreed to take 10 percent of the Unity Bank's without the Federal import quota. have many deals like that in the ghetto." initial stock offering, in effect giving the I ask unanimous consent that an edi­ Since Coalition Venture was set up less Boston black bank a partial underwriting. In torial entitled "Oil's Special Privileges," than a year ago, it has made 31 loans. Three the end, Hancock did not actually have to published in the St. Paul Dispatch, be of them are to ex-convicts, one to an ex­ pick up that much of the stock. printed in the RECORD. junkee-"and not ex very long either," said The second billion is expected to go even There being no objection, the editorial Mr. Baker. "We require that our borrowers more into nongovernment guaranteed loans was ordered to be printed in the RECORD, know their area, but not necessarily know it than the first. But how much of a dent does as follows: as businessmen." this billion, or even $2 blllion, make in the Through taking the long end {the mos·t ghetto? "Even $10 billion a year· wouldn't [From the St. Paul (Minn.) Dispatch, distant maturities), Coalition Venture has make a large dent in the need," says Mr. 8,1969] committed its first $1 million in donated Wright. "The need is so great, and the funds OIL'S SPECIAL PRIVILEGES capital to ghetto loans and gotten the com­ have been disbursed in some 200 cities." Special favors long enjoyed by the petrole­ mercial banks to come in for another $4 Yet, in getting things moving, it does um industry through federal tax laws and million. It is peanuts compared with what represent a start. It also raises the ques­ protection against competitive imports are needs to be done, but an exciting example tion of where larger amounts of money are under attack in Washington. of the way money can be leveraged. going to come from. The $1 b1llion a year Interesting information is being developed The funds for Coalition Venture came represents about 10-to-15 percent of new by the Senate Antitrust Subcommittee. Sen­ from contributions from New York corpora­ mortgage commitments made by the life ators from the New England states are giving tions. Nearly $250,000 of the initial grant of companies. (About half of their cash flow a special push to the hearings because oil $1,250,000 was set aside for overhead and to of $16 billion goes into mortgages, another burning industries in that region charge they pay the expenses of an affiliate organiza­ half into securities.) If a larger percentage are forced to pay exorbitant fuel prices which tion, Coalition Management, which provides is going to be diverted to ghetto mortgages, handicap business development. continuing management-consultant services obviously it must be at the expense of some Oil imported from the Middle East could to the companies to which loans have been other kind of lending. be bought in the Northeast for about $2 a 14498 CONGRESSIONAL RECORD-.SENATE June 2, 1969 barrel if it were not kept out by federal im­ tively with rapid cultural change, and Miss Jimilu Mason, sculptor, National port quotas. Instead, consumers are paying that higher education can be made rele­ Council of the Arts, Alexandria, Va. $3 to $3.50 a barrel for oil from the American vant to our world situation. The Honorable Glenn A. Olds, U.S. Am­ Southwest. A Texas specialist in oil economics, Pro­ The college has designed its philosophy bassador, U.S. Representative to the fessor Henry Steele of University of Houston, and program after careful study of crea­ United Nations Economic and Social said that 95 per cent of the oil produced in tive colleges, not only 1n the United Council, New York, N.Y. the United States could meet Middle East States, but from schools around the Mr. Bernard Rapaport, president, price competition and still be profitable. A world. American Income Life Insurance Co., combination of federal and Southwest state The president, Dr. Robert L. McCan, Waco, Tex. controls, he testified, is subsidizing this 95 received his bachelor of divinity degree Mrs. James W. Rouse, Baltimore, Md. per cent of domestic production unnecessar­ from Yale University, a doctor of philos­ ily. Dr. Rustum Roy, director, Materials The import quotas against foreign oil were ophy from the University of Edinburgh, Research Laboratory, University Park, put into effect in the 1950s as an "emergency" and was visiting scholar in higher edu­ Pennsylvania. measure but have continued ever since cation for 2 years at Harvard University. Dr. Herbert Striner, director, Project through the influence of the petroleum in­ Since leaving the Protestant ministry in Development, W. E. Upjohn Institute for dustry in Washington. The New York Journal 1963, Dr. Mccan has been on the fron­ Employment Research, Washington, D.C. of Commerce and other eastern publications tiers of education specifically preparing The Honorable JOSEPH D. TYDINGS, U.S. are urging that the quota system be aban­ for the founding of this college. While doned. The Journal of Commerce says: "The Senator, Maryland, Washington, D.C. program was never anything more than a studying at Harvard he was assistant Dr. J. Earl Williams, director, Human crude device for the escalation of domestic professor in philosophy of higher educa­ Resources Center, University of Houston, oil prices for the benefit of the few at the tion at Boston University. In 1965 Dr. Houston, Tex. expense of consumers." It adds that it holds McCan accepted a position in the policy These representative endorsements of no sympathy "with those who feel that this and planning division of community ac­ the college throw shafts of light on the (northeast) area somehow owes a lucrative tion programs in the U.S. Office of Edu­ enthusiastic response the college plan living to those who, having already the ad­ cation as Acting Branch Chief for Be­ has received: vantage of a 27V2 per cent depletion allow­ 1967 ance, somehow figure the nation owes them havioral Sciences. Since late in he JAMES W. RousE, president, the Rouse Co. more." has devoted full time to the development It is an exciting concept, responsive to In reference to the depletion allowance, a of Dag Hammarskjold College. the pressing needs of the United States and Yale economist, Arthur W. Wright, testified Dag Hammarskjold College is sched­ the world beyond. We are very pleased to that such special tax benefits "should be uled to open in the fall of 1970 with a make available to Dag Hammarskjold Col­ scrapped as an inequitable, wasteful, prob­ small faculty and a first class of 120 stu­ lege a site in Columbia appropriate for your lem-ridden government aid program." He said dents. Total enrollment of 1,440 will be needs. that if any section of the oil industry can reached by 1978. Approximately a fourth PHILIP R. HARRIS, Ph. D., senior associate, prove real need for financial aid from the Leadership Resources, Inc. It 1s a magnificent government, this should be provided by a of the students will be off-campus at any conception, well worthy of investment. You small direct subsidy, not through wide open given time in work, travel, and study­ have done your planning well, consulted tax loopholes which cost the Treasury more abroad programs. with a wide variety of professionals, and than a billion dollars every year. Sixty percent of the faculty and stu­ incorporated some of the latest and best The petroleum industry has many power­ dents will come from abroad. Nine coun­ thinking about higher education. ful friends in Congress from the Southwest tries, in addition to the United States, J. NED BRYAN, director, Special Study on states. It is difficult for consumer interests will be represented. These countries are Talent Development, U.S. Office of Educa.tion. to break through this protective barricade. in widely scattered geographical areas of There is a refreshing realism about the plan Nevertheless, the New Englanders are hope­ of operation. Controlled enrollment and mod­ ful of gaining some concessions. They have the world, and provide opportunity for ular units providing for meeting the objec­ shown the need for a thorough reexamina­ the building of a miniature world com­ tives of close faculty-student involvement. tion of the oil quota system and the special munity on the campus. In my judgment Dag Hammarskjold College tax benefits. All members of Congress inter­ There has been an incredibily active has the potential and promise of fulfilling ested in consumer problems should carry on and dedicated group of laymen and pro­ an unmet need in the arena of American the fight, for New England is not the only fessional educators who have nurtured higher education. region which would benefit from reforms. the dream and developed the college to its present level. Between May and Sep­ tember of this year there will be a sum­ CRISIS ON OUR CAMPUSES DAG HAMMARSKJOLD COLLEGE: A mer gifts campaign conducted by these BOLD NEW EXPERIMENT IN HIGH­ volunteers and friends of the college. Mr. PERCY. Mr. President, recently I ER EDUCATION Their short-term, widely based effort is had the privilege of attending a 3-day Mr. TYDINGS. Mr. President, a new designed to provide $250,000 for specific meeting conducted by Dr. Robert A. college, named in honor of the second development needs, including expansion Goldwin, director of the Kenyon College Secretary-General of the United Nations, of staff, architectural planning, and Public Affairs Conference Center, with is coming to Maryland. This is no ordi­ funds for a major capital gifts campaign approximately 20 academicians, public nary institution of higher education, but which will begin in the fall. Persons who officials, civil rights leaders, students, is rather a new model which to me offers contribute as much as $1,000 will be rec­ and journalists, including David Broder, real promise of relevance at a time when ognized as founders of the college. national political reporter for the Wash­ colleges and universities are torn by stu­ The board of overseers are: ington Post. I had just returned from a dent unrest. Mr. James D. Grant, chairman, vice tour of 10 college campuses in Illinois, Dag Hammarskjold College is de­ president, National Institute of Public where I had participated in intensive signed as an international college, a 4- Affairs, Washington, D.C. seminars with student leaders represent­ year independent, coeduc_ational liberal Mr. Richard J. Barnet, codirector, In­ ing every point of view. arts institution. To be located on a beau­ stitute for Policy Studies, Washington, The situation on the campuses is criti­ tiful tract of land adjacent to Merri­ D.C. cal, and we have much additional study weather-Post Pavilion in the new city of The Reverend Gordon Cosby, pastor, ahead of us to understand fully the Columbia, Md., the college will have a Church of the Saviour, Washington, D.C. changing phenomena which our Nation pervasive cross-cultural philosophy of Dr. Paul F. Geren, president, Stetson is witnessing. The campus today stands education. University, De Land, Fla. as a microcosm not only of some of our I am pleased to announce to you that Mr. Donald E. Graham, officer, Wash­ Nation's greatest problems, but also of its I have accepted a position as an over­ ington Metropolitan Police Department. greatest challenges and opportunities. seer of this college. The board of over­ Mr. B. Neal Harris, Manufacturing De­ David Broder, whom I consider to be seers is distinguished, I might add, by velopment, Plastics Division, Gulf State one of America's most astute and com­ the presence of our Republican colleague, Paper Corp., Cockeysville, Md. petent political analysts, has discussed the distinguished Senator from Oregon The Honorable MARK 0. HATFIELD, U.S. this problem, with his usual insight, in (Mr. HATFIELD). Senator, Oregon, Washington, D.C. a recent column. I concur with his con­ Dag Hammarskjold College is built on Dr. Roy J. Jones, director, Center for clusions. the premise that we live in a global vil­ Community Studies, Howard University, I ask unanimous consent that his arti­ lage, that reason requires we deal eff ec- Washington, D.C. cle be printed in the RECORD. June 2, 1969 CONGRESSIONAL RECORD- SENATE 14499 There being no objection, the article PROXMIRE HEARINGS ASK IS days of hearings by a subcommittee of the Senate Committee on Banking and Currency. was ordered to be printed in the RECORD, THERE "A RIGHT TO PRY AND "Does an insurance company have the as follows: POKE?" right to pry and poke into any aspect of a {From the Oleveland Plain Dealer, May 14, Mr. NELSON. Mr. President, "Is your person's life?" the senator asked. Testimony 1969) yard neat and uncluttered? Do you have seemed to show that legally they do. It also Is PEACEFUL ORDER VANISHING? revealed that the same set of credit-reporting a satisfactory number of bathrooms? If agencies investigate people for insurance, (By David S. Broder) you drink, is it because of marital trou­ check on their credit ratings, clear them for GAMBIER, Ohlo.-SOmething very strange ble, business, or personal desire? And would-be employers, and keep dossiers on has happened in America, almost without how do you get along with your wife?" more than 100,000,000 Americans. our noticing it. The professor and the politi­ According to a report in this week's cian have reversed roles. The campus has be­ KEEP FILES CONFIDENTIAL come the arena of battle and the capital the National Observer, "Senator WILLIAM The senator's bill would compel these com­ place where people fretfully try to under­ PROXMIRE marveled at these and other panies to keep their files confidential, give stand what is happening at the front. questions as he read them from the check citizens a chance to correct their records if For several years this reporter has had the lists that insurance inspectors use when mistakes turned up, and to inform them if occasional privilege of participating in the they investigate a new customer," at unfavorable information was put into their meetings of the Kenyon College Public Af­ hearings of the Subcommittee on Finan­ files from public records. The bill would also fairs Conference Center, which offers short cial Institutions. bar the companies from stockpiling intimate intensive seminars on m ajor issues to small information unless it had some valid busi­ The senior Senator from Wisconsin ness need for it. Companies that used an groups of writers, political leaders and has "drawn up a bill to regulate the com­ academics. investigator's report to refuse credit, jobs, or Customarily, the dialogue has taken the panies that investigate consumers for insurance would have to tell the customer form of the journalists and politicians tell­ credit, insurance, and jobs." The evi­ where the report originated. ing the professors how the problem under dence drawn out by Senator PROXMIRE Witnesses from the credit-reporting com­ discussion looks at close range and asking the and reported in the National Observer panies and their clients in the business com­ academics whether, from their rather de­ indicates that no area is more in need of munity generally testified against the bill. tached perspective, they have other views regulation than the prying and poking A spokesman for a trade group of 2,200 credit and other solutions to offer. into the lives of everyone of us by con­ bureaus said it would cost so much to im­ This year, as we discussed the condition of plement that credit companies might stop American democracy, it was the professors, sumer investigators. The most astonish­ giving credit to poor people and concentrate some of them still in semishock from the ing revelation at the hearings was re­ on better credit risks. A banker said lenders latest campus confrontations, who were ask­ ported in the Observer as follows: needed even more informat ion than they ing help from the journalists and politicans One consumer group witness told the tale were getting now, not less. An insurance in understanding and responding to the of a pseudonymous "Charlie Green" who was spokesman said some of the seemingly per­ crisis that had overtaken their lives. hounded from job to job for five years by an sonal questions they asked had a real bear­ Despite their agitation, the message they unfavorable employment report whose exist­ ing on insurance risks; a policy holder with brought from their campuses was plain tence he did not know of. "Charlie" was re­ marital troubles might be murdered by his enough. It is not one we can ignore-not peatedly rebuffed and mistrusted by employ­ wife, for instance. when it comes from men of decency and ers who thought ho was a dishonorably dis­ SEVERAL INVESTIGATIONS wisdom, of bot h races, whose urgency of tone charged soldier who lied about his past when A succession of consumer groups, however, conveys as well as their words the danger he applied for jobs. The rules of the report­ testified that the bill ought to be even they sense. ing agency kept them from telling Charlie stronger. The executive director of the Con­ What they are saying, if I correctly under­ about the report. sumer Federation of America urged that stand them (the rule of privacy of these Charlie Green was in "absolute trembling consumers be allowed to see their credit­ conferences prevents direct quotation or at­ fear for my family and myself" when a per­ bureau record, something the Proxmire b111 tribution), ls something like this: sonnel officer at one company accidentally will not compel, and scarcely any credit bu­ The agitation on the campuses is not sim­ tipped him off in 1967 to the existence of the reau will allow. The general secretary of the ply, or primarily, a student-led effort at re­ unfavorable report. With the aid of a lawyer National Consumers League suggested that form of college curricula and campus life. he eventually got the credit-reporting agency it be made illegal for a credit bureau to Whatever the effect in these areas (and there to agree to collect its false report, but even record gossip about someone's private life. was disagreement whether they have helped now it refuses to let him or his lawyer see the A spokesman for the Louisiana Consumers or hurt the instructional program and col­ corrected document. Senator Proxmire said League urged that credit bureaus be barred lege routine), the militants' demonstrations his own staff had confirmed Charlie Green's from doubling as b111 collectors, as many do. have introduced techniques of coercion and story. The hearings were the most thorough of violence t h at are inimical to the life, not just All Senators represent millions of several investigations that have started in of the university, but of any free institution. both houses of Congress because of com­ Intimidation of students, faculty and ad­ "Charlie Greens." The hearings revealed plaints that false or misleading credit--agency ministration members, both by physical that the liberties the credit industries reports have deprived consumers of reputa­ means and by verbal abuse, is increasingly take with secret dossiers on private citi­ tions, jobs, and credit. commonplace. (Again, the testimony comes zens is truly terrifying. The carelessness One consumer group witness told the tale from members of both races.) with which the information is gathered of a pseudonymous "Charlie Green" who was If the tactics are inherently dangerous to and then disseminated to almost anyone hounded from job to job for five years by freedom, so too is the philosophy of at least who wants it is inexcusable and in need an unfavorable employment report whose some of the agitators. Black militants, in con­ existence he did not know of. "Charlie" was trol of some black-studies programs, are of regulation. I ask unanimous consent repeatedly rebuffed and mistrusted by em­ preaching a counsel of despair that could that the Observer report be printed in ployers who thought he was a dishonorably condition the leaders of the next generation the RECORD. discharged soldier who lied about his past of Negroes to believe that race war is literally There being no objection, the editorial when he applied for jobs. The rules of the the only tactic for achieving their ends. was ordered to be printed in the RECORD, reporting agency kept them from tell1ng White militants of the SDS variety are in­ as follows: Charlie about the report. culcating a philosophy that glorifies the [From the National Observer, May 26, 1969) Charlie Green was in "absolute trembling realization of "self" through the flouting of fear for my family and m yself" when a per­ established norms and the gra tlfication of Do CREDIT MEN HAVE RIGHT To PRY sonnel officer at one company accidentally personal needs through violent action. The AND POKE? tipped him off in 1967 to the existence o! resulting intellectual atmosphere ls haunt­ Is your yard neat and uncluttered? Do the unfavorable report. With the aid of a ingly reminiscent to some refugee professors you have a "satisfactory" number of bath­ lawyer he eventually got the credit-reporting A pre-Nazi Germany. rooms? If you drink, is it because of marital agency to agree to correct its false report, but Both the black and white militants show trouble, business, or "personal desire"? And even now it refuses to let him or his lawyer ignorance or disregard of the civilities by how do you get along with your wife? see the corrected document. Senator Prox­ which a peaceful social order is maintained­ Sen. William Proxmire marveled at these mire said his own staff had confirmed Charlie the traditions of fair play and tolerance and other questions as he read them from Green's story. which underlie our democratic institutions. the check lists that insurance inspectors use Other witnesses testified that credit-re­ All this, and more, the professors were say­ when they investigate a new customer. The porting agencies have the right to gather ing. And if they are even partly correct--as Wisconsin Democrat has drawn up a bill to intimate information about anybody, and I fear they are-this situation is much more regulate the companies that investigate con­ legally are free from damage caused by their critical than the ivory tower politicians and sumers for credit, insurance, and jobs. La.st mistakes. The personal information they sell journalists like myself have realized. week he invited them to testify during five to stores, insurance companies, and employ- 14500 CONGRESSIONAL RECORD- SENATE June 2, 1969 ers is covered by a legal doctrine called "qual­ illegitimately managed to get records on 10 reason to hope that many of the missing ified privilege," which reqUires a victim of of the 20 people it asked for in December from in action are in fact prisoners of war. their mistakes to prove that they injured member bureaus. And the consumer repre­ him maliciously or through gross negligence. sentative from Louisiana brought an affidavit But we do not know this. The families No laws specifically govern credit bureaus in from two persons who said a member credit of these men do not know. They do not 49 of the 50 states, and the manager of a bureau had violated a disclosure provision of know because the Hanoi regime refuses credit bureau in Columbus, Ohio, said he the code just four days before the hearing. to indulge in the elementary humanity of did not even need a license for his business. Mr. Jordan of the Computer Data Corp. providing a list of all American soldiers Senator Proxmire sought through ques­ said his company collected information held in prisoner of war camps. tioning to show the size and power of this about a consumer's credit history instead Xuan Thuy, chief of the North Vietnam unregulated industry. The president of the of his personal life, and refused to part Retail Credit Co. of Atlanta, for instance, with it except for the purpose of granting delegation to the Paris 'peace talks, has testified that his company kept files on 45,- credit to someone. He said his company did declared that Hanoi would not promptly 000,000 Americans, issued 35,000,000 reports not belong to the association because its release a list of U.S. prisoners held in each year, and employed 8,500 investigators rules would compel him to share his files North Vietnam. This refusal in inexcusa­ who interviewed 200,000 persons daily. He with other companies who used the informa­ ble. Its purpose and intent can only be said 80 per cent of their work was insur­ tion for employment investigations and for to extend the period of worry, of doubt, ance investigations, and the balance divided what the association calls "other bona fide of fear for the families of the Americans among credit checks, employment checks, business transactions," but which Mr. Jordan missing. and "other commercial purposes." calls "virtually anything." The executive vice president of the As­ "If data banks of the sort we operate are I urge Xuan Thuy and his superiors sociated Credit Bureaus, Inc., said that to survive without creating mechanisms for to reconsider. I call UPon those who the 2,200 credit bureaus in his trade associa­ a police state," Mr. Jordan warned, "they criticize American firmness in Vietnam tion had files on 110,000,000 Americans. The must be very carefully insulated from access to protest the inhumanity of the North chairman of the board of Credit Data Corp., for purposes other than the announced one." Vietnamese as manifested by their cal­ Harry C. Jordan, said his customers could get MICHAEL MALLOY. lous refusal to end the needless suffering a report in three minutes on any of the 27,- of American civilians. Perhaps the great 000,000 consumers recorded in his computers. force of world opinion with which this Mr. Jordan said records on 7,000,000 persons NORTH VIETNAM'S TREATMENT OF Nation often seems so preoccupied can had been put into his computers in the past PRISONERS OF WAR year. provide an impetus to the North Viet­ Much of Senator Proxmire's questioning Mr. TOWER. Mr. President, one of the namese to demonstrate an understanding was aimed at what he seemed to believe was most disurbing aspects of the Vietnam of human decency. the inexpensive and casual way in which war has been the complete refusal of the For myself, I can only add my voice these potentially ruinous reports were Hanoi government to abide by the to that of Secretary Laird and implore gathered, and on what he believed was a Geneva Convention rules with respect to that Hanoi abandon its Policy of need­ "perverse incentive to dig up dirt." The president of the Atlanta company, for captured American soldiers. The rules less cruelty with regard to this matter instance, confirmed under this questioning developed by the Geneva Convention are and urge it to demonstrate the spirit of that his inspectors made an average of 10 simple and direct. humanity which is a necessary pre­ or 11 investigations every working day, and The legal duty of the North Vietnam­ requisite to the establishment of peace that this included travel time between ap­ ese to abide by these rules cannot be and harmony in Southeast Asia. pointments with informants and, in some questioned. It is specifically called for in Once Hanoi has responded in a respon­ bureaus, typing up their own reports. the Geneva Convention rules for prison­ sible manner to this simple request of MORALS VERSUS SMOKING ers of war. But Communist nations have Secretary Laird, I am hopeful that the "Are your inspectors trained psychia­ never shown any significant respect for North Vietnamese will respond in a like trists?" t he senator asked, wondering how international agreements or the niceties manner to the Secretary's other sug­ these quickie investigations could deter­ of law. It is probably naive to hope that gestions. Specifically, the Department of mine the state of a marriage or the reasons they would do so in this instance. Defense has urged the North Vietnamese why somebody drank. He also noted that out to take the following steps: of hundreds of life-insurance check lists that There is, nevertheless, a compelling he had examined, only one asked if the ap­ reason for North Vietnam to honor the First. Release all U.S. prisoners whom plicant smoked, while many asked for prisoner-of-war provision of the Geneva they hold. The seriously sick and wound­ "character and morals," or "types of associ­ Conference. That reason, Mr. President, ed should be returned immediately. ates." The senator reckoned that smoking is human decency. If the Hanoi regime Second. Assure that all prisoners re­ was as likely as bad morals to hasten some­ would have us believe that it is sincere ceive proper medical care and adequate one's death, and complained "you rarely ask in its desire for peace and harmony in food. about smoking, but have on these forms Third. Permit regular, impartial in­ again and again questions about ... moral Southeast Asia, let it demonstrate that spections of prisoner-of-war facilit~es. behavior." it understands an elemental concept of Senator Proxmire also came up with a pair humanity-the fair treatment of helpless Fourth. Allow a free flow of mail be­ of m anuals for the office managers of two 'prisoners incarcerated in camps many, tween the prisoners and their families. credit-reporting companies. Both of them many miles from American assistance. These are all reasonable requests. If told managers to keep track of the percent­ The United States has made every ef­ North Vietnam will respond rationally age of cases in which investigators dug up fort to induce the North Vietnamese to and sincerely, they can be met. Its re­ unfavorable information about someone. abide by the most elemental of the Ge­ sponse would represent a much-needed One of the manuals told managers to keep indication that the Hanoi regime is gen­ after any investigator who didn't maintain neva rules: The release of the names of the "minimum corporate standards of' 14 Americans being held captive. On May uinely interested in peace through per cent." 19, Secretary Laird requested that the negotiation. Most industry spokesmen said the pub­ North Vietnamese provide a list of all Mr. President, so that Senators may lic was well protected by the desire of insur­ soldiers held in prisoner-of-war camps. have the opportunity to study in detail ance companies to sell insurance, of stores This is a simple request, one which would the report of the Department of Defense to give credit, of lenders to lend money, in no way limit the exercise of any legit­ with respect to prisoners of war in North and of employers to hire employes. "If the imate North Vietnamese right. If this Vietnam, I ask unanimous consent that credit-reporting agency gives out unjusti­ simple request were honored it would the report be printed in the RECORD. fied negative reports, it will soon be out of There being no objection, the release business," a banker testified. An insurance bring an end to one of the cruelest trage­ spokesman said only 0.6 per cent of new or dies of the war. was ordered to be printed in the RECORD, renewed automobile insurance policies were It would bring an end to the fear and as follows: canceled each year on grounds that could be doubt shared by the many wives, chil­ BRIEFING ON U.S. PRISONERS OF WAR AND remotely connected with reports from credit­ dren, mothers, and fathe rs who do not MISSING IN ACTION PERSONNEL reporting agencies. know for sure whether their loved ones The U.S. Government and the Government Industry spokesmen repeatedly pointed are alive or dead. There are many who of the Republic of Vietnam have placed greait out that the Associated Credit Bureaus had bear the burden of North Vietnam's in­ emphasis on proper treatment of enemy pris­ recently adopted a code of ethics for its humanity: at· present, more than 1,300 oners of war held in South Vietnam. We 2,200 members, and that it covered most of have recognized the requirements of the the points raised by Senator Proxmire. But U.S. servicemen are listed as either pris­ Geneva Convention relative to the treatment a spokesman for the association conceded oners of war or missing in action. Of of prisoners of war. that a television network that tried to get these, nearly 800 are airmen who were At the same time we repeatedly have ex­ past the privacy clauses of the code had downed over North Vietnam. There is pressed our desire that the enemy honor its June 2, 1969 CONGRESSIONAL RECORD- SENATE 14501 obligations under the Convention and that it implied that our prisoners were being well One recent film included an elaborrute properly treat U.S. personnel captured by treated, that they were permitted to com­ spread of food which only two prisoners are them. municate freely with each other, that they shown carrying. Neither is shown aotuiaJ.ly North Vietnamese and Viet Cong forces were allowed to correspond freely with their eating the suspiciously la.rge portions. captured in South Vietnam are detained by families, and that they were receiving proper Recently, an Italian journalist met Lt. the Government of the Republic of Vietnam medical treatment. Examination of this in­ Robert Frishman, who was captured in Octo­ in PW camps which are inspected regularly formation, however, raises serious questions ber 1967. In the interview, published in L'Eu­ by the International Committee of the Red as to whether such has been the case. In ropeo a few weeks ago, Frishman stated that Cross. fact, our analysis indicates that this is not his right arm is significantly shorter than his In accordance With the Geneva Conven­ the case, and that the provisions of the le.ft. He also stated tha.t he had lost a •sub­ tion, sick and wounded prisoners have been Geneva Convention are being disregarded. stantial amount of weight since his capture. released and repatriated to North Vietnam. In some instances, North Vietnamese He, too, confirmed that he had been held in We have provided such treatment not only propaganda has generated false hopes among isolation by indicating that the reporter was because it is required by the Convention but American families because the identity of the first person he had spoken to in almost also because it is the humane thing to do. the prisoners shown could not be clearly de­ a year and a half. We have hoped that our adversaries would termined. In one case, 20 different Wives be­ Weight loss by other prisoners has also reciprocate. Regrettably, the North Vietnam­ lieved that a prisoner shown in a propaganda been confirmed in propaganda films. One ese and the Viet Cong have not followed our photo was her husband. Thll; prisoner re­ such case is Seaman D. B. Hegdahl who example. There is clear evidence that the mains unidentified. weighed over 200 pounds at the time of cap­ enemy is treating the U.S. prisoners it holds It now has been more than six months ture and obviously has lost considerable inhumanely. since the bombing of North Vietnam was weight in the past 18 months. We observe On numerous occasions, the United States halted. During that time we have had no re­ similar indications in photographs of Lt. J. has appealed to the enemy to respect the re­ leases and almost no information on Ameri­ Crecca, Jr., and Colonel R. Risner. quirements of the Geneva Convention which can prisoners. In the pa.st five years, North In viewing the propaganda information North Vietnam endorsed in 1957. Vietnam has chosen to_release only six pilots. which the North Vietnamese have chosen to The purpose of this briefing is to express All six had been held for relatively !:lhort release from time to time, the same few pris­ Secretary Laird's continuing and deep con­ periods of time, ranging from three to seven oners appear in the pictures. This raises the cern regarding treatment Of U.S. servicemen and one-half months. obvious question as to the status of the vast listed as prisoners or missing in action in Three of the six returned had been listed majority who are not paraded before the Southeast Asia. as missing in action and, thus, the an­ camera.s. Today, there are more than 1300 U.S. serv­ nouncement by Hanoi of their prospective We welcome any information concerning icemen classified by the Services as either release was the first indication that they U.S. prisoners regardless of the source. How­ prisoners of war or missing in action. were even alive. ever, we want to reiterate that these propa­ Of the more than 1300, nearly 800 were Some of the propaganda photos made avail­ ganda films are no substitute for the infor­ downed over North Vietnam. Most are pilots able have shown U.S. pilots alive on the mation and impartial inspections required by and we believe a substantial percentage of ground after their capture by the enemy. the Geneva Convention. the missing may be prisoners. Regrettably, no information has been re­ Propaganda films and photographs are mis­ The families of these hundreds of service­ ceived since their initial captivity, again leading. One example was the distorted in­ men have lived for months and years under causing !:levere and unnecessary anguish to formation released by North Korea during the the continuing anxiety and pressure of un­ the families involved. Commander A. C. captivity of the Pueblo crew. North Korean certainty as to the status and well-being of Brady and Major W. S. Gideon are two such propaganda stated that the Pueblo crew was their loved ones. cases. well fed, that they were permitted to exer- Despite repeated attempts by the U.S. Gov­ Another example is Major J. H. Kasler who . cise regularly, and that they could com­ ernment and neutral organizations, the was shown as injured when captured but municate frequently with each other and North Vietnamese and the Viet Cong have has not been heard from since. with their families. consistently refused to release the nrunes of One propaganda film showed a display We now know that these photos were staged those U.S. prisoners whom they hold. of 18 ID cards of pilots. This is an unac­ and that, for the most part, the portrayed Secretary Laird is deeply concerned by ceptable substitute for determining the benefits occurred only when the photographs Hanoi's continued refusal to identify the U.S. statu!3 of U.S. prisoners. were actually taken. prisoners whom it holds. On several occa­ There have been indications that American We have seen similar "staged" photographs sions, he has expressed his respect for the prisoners in North Vietnam have been mis­ such as this scene of a purported capture of magnificent patience and courage shown by treated physically. In 1965 and 1966, cap­ a U.S. pilot in North Vietnam. Other photo­ the hundreds of wives, children and parents tured U.S. prisoners were paraded through graphs have implied that our prisoners were who for so long have hoped to learn about the streets of Hanoi. Some were seriously in­ permitted to attend religious services. How­ the status of their loved ones. jured, as in the case of Lt. D. G. Rehmann, ever, recent photographs show only a hand­ The magnitude of this unnecessary inhu­ who suffered serious burns when downed in ful of prisoners actually present for such manity has increased with each passing December 1966. services. And, it is noted that they are care­ month. There now are more than 200 U.S. In addition, we believe that the great ma­ fully separated which suggests either that servicemen listed as prisoners or missing in jority of American prisoners have been iso­ Hanoi wants the room to appear full or that action in Southeast Asia who have been in lated from contact with the outside world. the men are kept apart so that they cannot those categories for more than three and one­ Several propaganda photographs released communicate. half years. This is longer than any U.S. have shown U.S. prisoners in such solitary Another film attempted to indicate that serviceman was held a prisoner during World confinement. All six pilots released by North the prisoners were enjoying recreational ac­ war II. Vietnam in 1968 confirmed that they had tivities by playing table tennis, but the fa­ We now have more than 500 American been held in isolation for varying periods of cial expressions and lack of animation are servicemen who have been listed as PWs time. positive indications that it is a staged event. or missing for more than two years. The Such isolation can have serious adverse Regular exchange of mail between prison­ first U.S. pilot, whom we believe is still a effects on the long-term welfare of those de­ ers and their families is a guaranteed pro­ prisoner, was captured in August 1964. tained under such circumstances. North Vietnam released films also raise vision of the Geneva Convention. Such a The North Vietnamese authorities have flow of mail simply has not been permitted made statements, both publicly and pri­ serious questions a,s to whether the prisoners are receiving proper medical care. Recent by the North Vietnamese. vately, to the effect that American prisoners In the past five years, less than 100 pris­ of war were being treated humanely. How­ photographs show that some prisoners are continuing to suffer from injuries incurred oners have been allowed to write to their ever, it has been impossible to verify such families. Even at that, the frequency of claims because North Vietnam adamantly at the time they were downed. For example, several prisoners have been writing for this limited number of prisoners has refused neutral inspections of the places averaged less than two letters per year. of detention. shown still using crutches after many Hanoi's claims of proper treatment and months of captivity. LCDR H. A. Stafford in­ If these few writers had been allowed to its controlled visits with a handful of se­ jured his left arm and shoulder when shot write the number of letters and cards as lected news people are not adequate sub­ down in August 1967. Today, his left arm permitted under the Geneva Convention, stitutes for complete and impartial inspec­ appears to be noticeably smaller raising ques­ their next of kin would have received 18,000 tions. tions as to what medical treatment was letters and cards. Thus far, they have re­ Most information regarding the status of offered. ceived less than 600. American prisoners has come in the form One photo shows LCDR J. S. Mccain, ill, We have no indication that any letters of propaganda films and photographs which shortly after capture in October 1967. He was were received by families from September the North Vietnamese have sold or made pictured in extensive casts because both 1968 until late April 1969. Since then, some available to various news sources through­ arms and his right leg were broken. Hanoi dated in late 1968 were received by families. out the world. It is regrettable that we must has not indicated what his present condition A recent North Vietnamese propaganda rely on such often distorted information to is, and thus we are concerned about what film suggested that U.S. prisoners had re­ determine the status of U.S. prisoners. treatment Commander McCain has received ceived Christmas mail and were permitted Many of these films and photographs have in the past 18 months. to celebrate the Christmas season. In the 14502 CONGRESSIONAL RECORD- SENATE June 2, 1969 first place, the film shows only a handful chart their own destinies free from the man rights in countries where political of prisoners. domination and direction of outside power is decentralized and local preroga­ Secondly, the film purports to show pris­ oners opening Christmas mail when, in fact, powers. tives treasured." they are reading letters dated in March, April The result of these developments is a The most serious roadblock to human and July of 1968. In two cases, the film in­ world today in which every conflict is no rights progress, Mrs. Hauser declared, is dicated that the prisoners were opening longer a test of strength between Wash­ "t:Q.e slow development of implementing Christmas cards when, in fact, the mail ington and Moscow. Many international machinery in the growing body of hu­ shown were Easter cards sent months before. disagreements sim.piy do not constitute man rights law." In December 1968, U.S. next of kin for­ major threats to our security. However, she hailed as a "landmark warded more than 714 Christmas packages. In not only for the United Nations, but for We have no confirmation of whether any addition, we have learned in Viet­ were actually received by the American nam-at the terrible cost of nearly international law" the procedure adopted prisoners. 40,000 lives and $100 billion-that we are at the last session of the Human Rights As part of the Secretary of Defense's relatively powerless to work our will in Commission in March which allows for a concern for these men, he has directed a certain types of situations far from our special committee to review petitions thorough review of the benefits available to shores. from individuals or groups alleging vio­ the families involved. It is his intention that Our inability to perceive these changes lations of human rights. This committee the military services and the Office of the and adjust accordingly has led to an ex­ will report to the Commission those Secretary of Defense must do all that is pos­ petitions that reveal a consistent pattern sible for the next of kin. pensive and dangerous overextension of On several occasions, Defense Department U.S. foreign commitments. of gross violations, she explained, and officials have met with groups of wives and We have tragically intervened in two the Commission may then, with the con­ parents whose husbands and sons are listed civil wars in the Dominican Republic sent of the State concerned, conduct a as prisoners or missing in action. We can and in Vietnam. We are on the verge of confidential investigation of the charges. attest to the bravery and personal courage falling into the same folly in Thailand, Mr. President, I am very much pleased of these dedicated American families. where we currently have stationed more to see that Mrs. Hauser is taking such Secretary Laird and the Department of an early and active interest in the need Defense continue to hope for meaningful than 40,000 troops. progress in the Paris discussions and prog­ We have a quarter of a million Amer­ for the ratification of the Human Rights ress leading to the release of all American ican troops stationed in Europe 25 years Conventions, and I hope that the Senate prisoners. after the end of World War II. We have will follow soon. In the meantime, however, we appeal to 50,000 troops in Korea 15 years after North Vietnam and to the Viet Cong to re­ the end of the Korean war. We have spect the rights of prisoners of war and to THE NEW YORK TIMES ENDORSES comply with the Geneva Convention. more than 2 million military-connected DDT BAN AND PESTICIDE COM­ Specifically, we urge them to take the fol­ Americans stationed abroad. We have MISSION lowing humanitarian actions: 343 major bases and 1,927 minor bases 1. Release all U.S. prisoners whom they outside the country-many of which are Mr. NELSON. Mr. President, this hold. The seriously sick and wounded should obsolete and irrelevant-occupying 4,000 morning the New York Times joined the be returned immediately. square miles of foreign soil at an annual campaign to improve sanctions on the 2. Assure that all prisoners receive proper operating expense of $13.5 billion. use of persistent pesticides, including a medical care and adequate food. The cost of this overcommitment is ban on the use of DDT. 3. Permit regular impartial inspections of Heeding the warnings of many scien­ prisoner of war facilities. high. It is responsible for our balance-of­ 4. Allow a free flow of mail between the payments deficit and our gold drain. As tists, biologists, ecologists, and conser­ prisoners and their families. a major component of our defense vationists that the continued use of per­ budget, it prevents us from reordering sistent, toxic pesticides are contami­ our national agenda to attack many nating the total environment, the New AMERICAN OVERCOMMITMENT domestic problems that challenge us at York Times commended Dr. Lee A. Du­ home. Bridge, President Nixon's science ad­ Mr. TYDINGS. Mr. President, the Na­ viser, for giving the pesticide problem top tional Commitments Resolution, Senate Most important, this overextension of American commitments threatens to in­ priority on the agenda of the new En­ Resolution 85, authored by the Senator volve us in conflicts throughout the world vironmental Quality Council. from Arkansas the fil'st and fundamental choice must be not to But only worth living if you're born free." United States, its traditions, its interest, or abuse that freedom. This is what independ­ WHAT AMERICA MEANS TO ME ideas. But to me, as a senior in high school, ence truly means: self-discipline. And this, Americanism shnds for many gifts: justice, we Americans would do well to remember (By Tony Lynn Edwards, S. H. Rider High equality, individuality, unification, but more when we see the flag we love blazing against School, Wichita Falls, Tex.) important--freedom. the sky, symbolizing Americanism. Freedom, if applied incorrectly however, is America means several things to me, not the most dangerous gift anyone can receive. the least of which are the freedoms I can It can be a two-edged sword that will destroy WHAT AMERICA MEANS TO ME enjoy as a citizen of this country. There are me as an American unless I learn how to use (By Mel Horany, Wichita Falls High School, an infinite number of freedoms, both great it. Unlike my ancestors, who had only to fight Wichita Falls, Tex.) and small, which are fundamental to the for freedom, I face a greater challenge for I If I were to say to someone foreign to this American way of life. I wish to speak of but must live with it. As I look at the country four of these freedoms which I hold most great land, "I am proud to be An Amer­ dear. The first, and possibly the most vitally today, I see all around me a drastic decline in ican." He would probably reply, "Sure, but needed freedom, is the freedom to worship morals: ch ea ting, where once there was hon­ why, what's so great about Am·erica?" as I please. This freedom is vital in that is esty, promiscuity, where once there was de­ Other than the inalienable rights, such as supplies an important need to the human cency, crime, where once there was respect life, liberty, and the pursuit of happiness, spirit, that of seeking something greater than for human rights. Everywhere there seems to America has many other qualities which are man. It is in America that I am able to be a growing laxness, an indifference, too prominent, and meaningful to me. One can­ worship with the greatest freedom and with­ much permissiveness and a lack of integrity not point out freedom as the basis for our out fear of persecution. On the other hand, that terrifies people, including me, who think country without understanding the respect if I do not wish to worship, I am not forced about these declines in morals. that Americans have for it, and the mutual to do so. Thus, the choice of whether or not Since our country won· its independence, respect for other's freedom. Through the ages, to worship is left up to the individual and something in Americans view authority with Americans have lived and died for the cause not some government. suspicion. "Give us more freedom!" has been of freedom; now in this contemporary world The second important freedom is the free­ our constant cry. This was valid when it was men continue to die, but as I see it their dom of education. There is no other country directed against tyranny or oppression, but deaths are not only for the preservation of in the world which offers such vast educa­ the concept of freedom has been pushed be­ our freedoms but the freedoms of others tional opportunities as does America. The yond that. The freedom now claimed by as well. teachers are well trained and educational fa­ Americans has come to mean freedom from I think America is making positive strides cilities are the most modern anywhere. The all unpleasantness: from hardship, from dis­ for the improvement of the fundamental be­ most important pal't of this educational sys­ cipline, from the stern voice of duty, from liefs we all enjoy, and those that America tem, though, is the fact that I have the free­ the pain of self-sacrifice, from all the ideals stands for such as, equality, self-improve­ dom to decide if I wish to take advantage of that our country was originally based on. ment, and most important--peace. To say it. This is not always the case in other coun- As a nation, we have clamored for total that America is faultless, or guiltless in re­ freedom. Now we have just about reached spect to all matters of worldly concern is 1 "Born Free,.' composed by Don Black. that place and I have to face the bleak and ridiculous, but to put the blame chiefly on June 2, 1969 CONGRESSIONAL RECORD- SENA TE 14507 America is absurd. America is the heart of woods, but rarely did they have an effeotive that "this generation holds all of its natural the free world, take her away in isolation, lever to translate their concerns into action, resources as a kind of trust for future gen­ and the rest of the free world dies. Why, be­ relying, in their confrontations with deci­ erations," as Yannacone puts it. cause here in America we know of no better sion makers, more on moral persuasion than "There ls absolutely no justification,'' he form of government, and her people will not anything else. says, "other than pure survival-of-the-fittest allow a change which might take away from Now, as the sulfurous fumes of big-city air theory, to permit a user of water to convert their basic freedoms. Of course, not all Amer­ take their toll in economic as well as physical a crystal brook into a sewer." icans are completely satisfied that this is the terms; as pollutants deaden lakes and water­ EDFers are accused, among other things, best system, and those who have openly ex­ ways; and as commerce encroaches on beauty of fighting progress. pressed their dissatisfaction are trying to spots--conservationists are beginnln~ to "But we're not," insists executive director cause a collapse of what I believe is the realize that moral force, and even aggressive Dr. Joseph Hassett, of the University of New finest place on earth to live. lobbying, are not enough. Mexico. "We're only against progress when it No, in my eyes America is not perfect, we "The sense of being fenced in-it's so ob­ leads to the degradation of the environment have our share of civil strife and trouble vious now," says Mrs. Owen (Lorrie) Otto of and the belittling of man himself." among ourselves, but ours is not the first Milwaukee, one of the state's impassioned Yanna.cone challenges the purveyors of this generation to have faced such problems, and conservationists, "Before, it seemed that sort of "progress" to calculate the cost of re­ those who advocate a separate society to solve there was always somewhere you could go to placing or restoring an ecologically unique our problems are leading us toward the get away from things. Now even those places area like the Everglades to its original state. greatest hypocrisy America could fall into. are being spoiled." "Come into court,'' he invites polluters, "and America has always been a symbol of the re­ Mrs. Otto's sense of urgency ls shared by show us you have considered the long-range spect for all men, and equality of opportun­ many. And it is a.it the root of a growing mili­ damage you may do." ity, and equality before the law. To sepa­ tancy in the conservation movement. Hassett also questions the old notion of rate would be an open declaration of our de­ The movement has developed a broader the sanctity of property. ceitfulness. America means to much to too base--With lawyers and environmental scien­ "A legal title," he says, "brings social re­ many to allow misguided few to lead us tists, as well as citizens who are simply in­ sponsibility, so that a piece of land is not astray. terested in conservation-and a pragmatic simply 'mine,' in the capitalistic sense, but Nor do I believe that youth lie at the cen­ thrust. mine to use as long as it ls not detrimental ter of the turmoil and trouble we sometimes Unique among the "new conservationists" to someone else's rights." have to endure. Today, America is youth, is the Environmental Defense Fund, Inc., The industrialist whose factory daily spews and youth is America, and to deny the young of Brookhaven, N.Y., an alliance of ecologists toxic compounds into the air, even though people their opportunity to question the es­ and lawyers who literally take their oppo­ he may be turning out one useful prOduct tablished lines of thinking, would be a vi­ nents to court. Their motto: "Sue the bas­ after another, clearly violates the right of cious blow to democracy. But to permit de­ tards." others to a clean environment, Hassett be­ struction of almost 200 years of learning and At Mrs. otto's instigation, the EDF, With lieves. improvements would be an even more detri­ its crusading attorney, Victor J. Yannacone "We have this love affair with technology," mental blow. of Patchogue, N.Y., was invited last year to he laments. "And industry thinks it's doing Yes, America is a conglomerate of many handle the case for petitioners for a ban on you a big favor, no matter how much it de­ years learning, added to man's ability to the use of DDT in Wisconsin. Hearings on grades the environment." think optimistically and all built on a base of the petlltion are expected to conclude this EDF's "call to arms," in !:lhort, ls for a re­ compromise. I think that America ls and week before the state Natural Resources definition of values-the surrender of the always will be a vast oompromise--white-­ Department. notion that man is continually at war with black, rich-poor, Christian-Jew, and many Though up to now it has failed to win nature and is charged with subduing it, to other forms of people who have learned to co­ actual court decisions, EDF's earlier battles the realization that he ls only a small pa.rt of operate with one another. Without compro­ eventually led to a prohibition on DDT spray­ the total environment, and must live in it. mise America would have been lost long ago, ing for mosquito control in Suffolk County, "We have come a long way from the days but because of 1t we all can claim a share in N.Y., and a similar prohibition against DDT when man could move only as fast as his its never ceasing development. use for Dutch elm disease in 55 Michigan legs could carry him, when his house was We Americans have much to be thankful cities. (The state later banned the pesticide close to the earth and his food wat only for, and for this reason we all should strive outright.) what he himself could pluck or kill," writes for continued lines of communication be­ When arguments in the Wisconsin case ecologist Barry Commoner of Washington tween people not only in our nation, but in are completed some time this summer, the University in St. Louis, in the March issue of other nations as well. I believe in America, group will pursue its air pollution fight "Environment.'' and I believe in her people, and for this against a Missoula, Mont., paper pulp mill. "Man knew then that he was dependent reason I wlll gladly tell anyone, "I am proud In its efforts to protect the environment upon nature, and was a part of it. We pride to be an American." through legal action, EDF has picked up ourselves on the technological marvels that support from older conservation groups make our cities the tallest, our travel the which up to now have not been identified l>wiftest, our living conditions the most com­ THE NEW CONSERVATION with such aggressive tactics. The National fortable and our weapons the deadliest of Audubon Society lends financial backing to any man has created. Bemused by our own Mr. NELSON. Mr. President, the Capi­ EDF through a grant from its Rachel Carson accomplishments, we forget that like our tal Times of Madison, Wis., recently pub­ Fund; the Wisconsin division of the Izaak primitive ancestors, we are dependent on lished an excellent article profiling the Walton League of America is one of the peti­ the rest of nature. tioners in the Wisconsin DDT fight, along "Unless we learn to match our technologi­ activities and philosophy of the En­ with the Michigan Audubon Society and cal power wl th an increased understanding vironmental Defense Fund, an orga­ the Citizens Natural Resources Association of what it is doing to the natural world, we nization that is building the case around of Wisconsin. (The Wisconsin petitioners Will may stress the living environment to the the country for an ecological ethic in law be discussed in the second of these articles.) point of collapse, and find that it will no which gives due consideration to the EDF relies on litigation rather than lobby­ longer support us." · impact of our activities on the environ­ ing for legislation because, in Yannacone's ment. wordb, 'sad experience has shown that at I ask unanimous consent that the arti­ this time in American history litigation ENVIRONMENTAL QUALITY: A seems to be the only civilized way to secure GOOD START cle be printed in the RECORD. immediate consideration of basic principles There being no objection, the article of human rights .... All of the major social Mr. TYDINGS. Mr. President, last was ordered to be printed in the RECORD, changes which have made the United States Thursday, President Nixon created an as follows: of America a better place to live have their Environmental Quality Council in the [From the Capital Times, May 19, 1969) basis in fundamental constitutional litiga­ Executive Office of the President. Its pur­ tion. Somebody had to sue somebody before pose is to coordinate the many Federal "NEW MILITANCY" Is TYPIFIED BY EDF: CoN­ the legislature--ln enlightened self lnter­ SERVATIONs ESCALATE FIGHT To SAVE est--took long overdue action." activities affecting the environment and ENVIRONMENT In pressing suits in courts of equity, EDF to provide a top level study group to (By Whitney Gould) taps from its reservoir of scientists through­ focus on particular areas of immediate Not long ago, the term "conservationist" out the country, who are competent to tes­ concern. The President's action is a wel­ was apt to evoke images of grey-haired ladies tify on everything from pesticides to air pol­ come step in the difficult effort to restore in sensible shoes, who planted pansies along lutants. The group is also beginning to mar­ and enhance the quality of man's en­ sterile boulevards, and ruddy-faced souls shal an army of attorneys and law professors vironment. As one who is deeply con­ who took pack trips into the Rockies. and students who are, in essence, writing a cerned with conservation, I am delighted Not that these activities were by any means whole new body of common law through unworthy. But they tended to reinforce the which citizens can assert what Yannacone to see the President move forward in suspicion that conservationist were talking believes is their fundamental constitutional this area. primarily to themselves. They were always right to a clean environment. The President's action reflects the deep interested in clean air and in saving the red At the core of that law ls the conviction desire of the American people to put a 14508 CONGRESSIONAL RECORD- SENATE June 2, 1969 stop to the Pollution of our air, land, and Environmental Quality and be located would concentrate and coordinate activities water. It recognizes the growing public in the Executive office of the President. in such areas as marine food products, min­ dismay over the adverse impact that our eral extraction, pollution, water supply, The Committee on Public Works will hold medicinal raw materials, exploration and private and public development pro­ hearings on this bill and others of like mapping. grams have had on the environment. Too intent within a few weeks and it is my Creation of a National Oceanic Agency as often roads, electric power plants, and hope that on the basis of these hearings proposed by Sen. Murphy would be an impor­ other examples of our industrial and the Congress will pass legislation estab­ tant first step toward assigning oceanography technological progress have been con­ lishing a fully staffed Environmental the national priority it deserves. structed without first considering how, Quality Council with the vital, additional and to what extent they will disturb the authority to review all governmental pro­ [From the Press-Telegram, Long Beach delicate ecological balance. grams with an eye to their environmental (Calif), May 6, 1969] The President's action recognizes the impact and to delay specific projects TIME To USE THE RICHES OF OUR OCEANS need for the coordination from a conser­ which would be harmful. The oceans have long been said to con­ vation point of view of Federal projects tain "untold" riches. and policies. With a government so large, The fact that these riches are "untold" the left hand often does not know what OCEAN EXPLORATION AND outlines the problem facing scientists and DEVELOPMENT educators interested in the relatively young the right hand is doing and the result is field of oceanography. governmental programs that are contra­ Mr. MURPHY. Mr. President, on May This information gap is a serious one which dictory in purpose and harmful to the 20, I introduced S. 2204, a bill to estab­ has held back ocean development, not only environment. lish a National Oceanic Agency. At that in the United States, but throughout the The question arises, however, if this time, I expressed my strong convictions hungry world. interdepartmental council will in fact that I felt that we should be moving TOday in Long Beach a group of educa­ provide the coordination required. Inter­ ahead with ocean exploration and devel­ tors and scientists from all sections of the United States and Mexico are meeting in the departmental councils and commissions opment. It is my contention that both second day of a three-day conference deal­ tend to issue compromise recommenda­ economic and national security consid­ ing with the oceans, industry and education. tions that are so watered down to suit erations compel us as a nation to look Sponsored by the Pacific Western Region, everyone involved that they in fact mean seaward. American Society for Oceanography, whose very little. Members, understandably per­ On May 28, the Oakland Tribune, in president is Louis F. Jobst Jr., director of haps, seek to protec·t the interests of their an editorial entitled ''To Reap the Sea's marine development for the city and port of own departments and thus no significant Resources,'' endorsed the establishment Long Beach, the conference is a major at­ tempt to assess the present status of educa­ common policy is achieved. I wonder of a National Oceanic Agency. As the tion for marine science and technology in whether this will happen here. editorial observed: the United States and the requirements of I wonder, too, whether the President Although 1969 may well be best remem­ industry for trained personnel in the field. can find the time to preside over this bered as the year man sets foot cm the moon, Discussions at the conference are ranging council. His time is precious and the de­ national legislation introduced by California. over all aspects of oceanography-industry mands of the office so great that I am Senator George Murphy could be the start­ and commerce, engineering-science, data, ing point of a. program of exploration and recreation, military, food and minerals. afraid he simply will not be able to pay development which could conceivably have Such wide-ranging talk is important for adequate attention to the council. An a far greater impact on mankind than a little is really known about what is needed office in the White House concerned with moon landing. to develop our ocean resources. Even such a environmental quality needs a chairman simple thing as an up-to-date inventory of whose sole concern is environmental Earlier, on May 6, the Long Beach known resources would, in fact, be highly quality, who wears no other hats and can Press-Telegram in an editorial said that useful. devote full time to what will be a most it is "time to use the riches of the Some hard decisions are going to have to difficult position. He should be an in­ oceans.'' be made in this country-and the rest of the dividual appointed by the President with Mr. President, I ask unanimous con­ world, too, for that matter-about develop­ sent that both editorials be printed in ing and exploiting the oceans. the advice and consent of the Senate to As a nation we have faced up to the prob­ serve at the pleasure of the President. the RECORD. lem of conquering space. Certainly we can There can be no doubt that an "over­ There being no objection, the editorials no longer neglect our last big frontiers on view" environmental council of this type were ordered to be printed in the RECORD, earth-the oceans. is definitely required. I feel strongly as follows: Hopefully this conference-in a city which though, that the council or agency [From the Oakland Tribune, May 28, 1969) has jumped wholeheartedly into the ocean­ TO REAP THE SEA'S RESOURCES ographic swim-will not only provide some responsible for protecting our environ­ obviously-needed answers but will raise some ment should have greater muscle than Although 1969 may well be best remem­ new questions--questions which will lay the that proposed by the President for his bered as the year man sets foot on the moon, groundwork for developing a national com­ council. Both concern and coordination national legislation introduced by California mitment to learn about and to utilize the are indeed vital. But standing alone, they Sen. George Murphy could be the starting oceans of the world. point of a program of exploration and devel­ are insufficient to achieve a quality en­ opment which could conceivably have a far vironment. greater impact on mankind than a moon The council or agency should have the landing. A TIME OF TESTING authority, as a matter of course, to re­ Senator Murphy proposes the establish­ view all governmental policies and pro­ ment of a National Oceanic Agency, designed Mr. McGEE. Mr. President, the Wall grams prior to their implementation. Ad­ to reorganize the United States' oceanography Street Journal recently published an ex­ ditionally, it should have the power to program and to coordinate an assortment of cellent article written by Mary Joan delay for a limited time specific projects programs now being undertaken by 23 sep­ White of the Washington bureau of the arate government agencies. Deseret News, Salt Lake City. In it, she deemed particularly harmful. It should Oceanography, generally considered one of retraced the history-at least a portion operate in the area of conservation much tbe lesser sciences, has been elevated within of it-which has lead the Nation to a like the Bureau of the Budget operates in recent years to a place of far greater promi­ time of testing. Now is such a time, as the field of executive spending. nence. certainly as were Lincoln's days. There Nevertheless, the establishment of this The reason is the vast potential that ocean­ ography promises, a potential to yield sea food are many who would divide the American council is a step in the right direction. people, sure in their own minds that only The task of restoring the quality of our and minerals of untold abundance to a world half underfed and already being depleted of their view is moral, convinced in their environment is most difficult and the itr. land resources. attitudes that they would rather ruin so­ President's action is most welcome. I The world's population is outracing its food ciety if they cannot rule it. The parallel feel strongly, however, that the author­ supply and extensive famine is feared as early to earlier days of testing is well drawn ity of the council should be increased to as the next decade in Africa, Asia, the Middle and I ask unanimous consent that Miss include the power of review and delay. East and Latin America. White's article, entitled "A Time of Test­ On April 15, I introduced legislation, S. There is hope-indeed, perhaps the only hope-that massive famine can be avoided ing," be printed in the RECORD. 1818, to create such a council by legisla­ by a far greater reaping of the resources of There being no objection, the article tive action to be chaired by a full-time the sea. was ordered to be printed in the RECORD, director. It would be called the Office of The proposed National Oceanic Agency as follows: June 2, 1969 CONGRESSIONAL RECORD- SENATE 14509 [From the Wall Street Journal, May 20, 1969] does not support one's programs is at least born in the Rev. Martin Luther King's Mont­ gomery bus boycott. Its current form is a per­ A TIME OF TESTING-TODAY'S TENSIONS PARAL­ blind; those who oppose or offer alternatives version of those unquestionably legal, peace­ LEL THOSE OF THE PRE-CIVIL-WAR PERIOD are not only wrong but immoral. If one's opponents are immoral, why quibble about ful and productive origins. Now the move­ (By Mary Joan White) the tactics used against the ungodly? ment embraces seizure or destruction of " ... our fathers brought forth on this property; violence or threat of it against per­ continent a new nation, conceived in liberty, WHERE RESPONSIBILITY RESTS sons; the systematic harassment of law­ and dedicated to the proposition that all men Society must not permit itself to be di­ enforcement personnel; the denial of the are created equal. vided into factions, each seeing itself as the right of others to free speech and legitimate "Now we are engaged in ... testing guide on the only road to light. Moderates action; the impairment of academic freedom. whether that nation, or any nation so con­ must speak out in defense of justice, but also Current tactics differ not only in degree but ceived and so dedicated, can long endure. in defense of fair and legal roads to justice. in nature from Dr. King's non-violent civil Legitimate authority must act judiciously to disobedience that constituted no threat to With the omission of nine words, the open­ curb excesses of those who would reject all the persons or rights of others or the rule of ing paragraphs of Lincoln's Address at Get­ authority but their own. Whether we be par­ law. He never demanded amnesty for vio­ tysburg are forever relevant to the United ents, teachers, university administrators or lating the law; He broke only those laws States of America. Their validity in our own government officials--or simply law-abiding, whose legality he wished tested against Con­ time is sobering. tax-paying, caring voters-we are responsible. stitutional principles, thereby forcing the law This nation is undergoing a period of test­ If a diverse people are to rule themselves, to live up to its ideals. ing of a nature that it has not faced since the majority (or its delegates) must decide Where authorities do not make the mis­ Lincoln spoke. The parallels are sufficient to and the minority must submit, even if the take of using undue force against illegal recall Hegel: "Peoples and governments never decisions are repugnant or hurtful. The forms of protest (thereby casting the pro­ have learned anything from history, or acted minority can only try by persuasion to alter testers in the role of innocents whose de­ on principles deduced from it." the balance. If the minority refuses to sub­ mands must be granted in recompense) , legal In the 1860s the question of the place of mit, society fragments and chaos results: protest will serve as well and gain more of the Negro in America society was the tinder Either the majority enforces its will by any significance: Concessions rationally evolved that ignited public discourse and left the rule means necessary, including war, or a period in a spirit of community and cooperation of law ashes in the fires of unreason. Good of anarchy ensues, historically followed by a stand more chance of being effective, leave men saw certain questions as matters of tyranny of those most willing and able to use no residue of bitterness and division, estab­ higher moral law to which even the principles extreme measures. Self-government is dead. lish no precedents of disrespect for the rights embodied in the Constitution should bow. The founders of this nation did temper the of others. Radicals at both extremes used the race issue harsh requirements of majority rule in the In the closing days of the Convention of to stir public passion, obscuring fundamental cause of individual liberty. Perceiving the 1787, many of the participants were less than principles of democracy and implying that, in danger implicit in "the greatest good for the perfectly satisfied with their efforts at creat­ the immediate crisis, they were of only sec­ greatest number," a possible tyranny by the ing a Constitution. It was understood that ondary importance. The moderates allowed it majority, they wrote into the Constitution some of the leading political figures of the to happen. Each side practiced rule-or-ruin certain safeguards. day would oppose its ratification. Nearly at politics. To gain its own legitimate or illegiti­ In their attitudes and strategy, the young the end of his public service, Benjamin mate ends, each was ready to sacrifice the radicals and black militants are the direct Franklin rose. Addressing the dissidents, he ideal of a people governing themselves by descendants of both the abolitionists and the called on each to "doubt a little of his own majority rule, one side in order to prevent Southern radicals, an uneasy mix surely. Like infallibility ..." its application, the other to extend it. the abolitionists, they have a rather arrogant As for the rest, Franklin recognized that Between the extremes, the center itself di­ assurance that they are so right, that they are all had some fault to find with the Constitu­ vided. James Buchanan was stlll President above the law in their choice of means to tion, yet he urged support for it because he when South Carolina seceded. Believing no their ends. Like the Southern radicals, they said, "I expect no better, and I am not sure it minority had the right to override the ma­ are so committed to their own view of the is not the best." jority or destroy the union, he nevertheless issues that they insist on being allowed to held that the majority could not coerce the rule or ruin the system. Their attitude and minority as a matter of principle or of na­ more extreme methods are absolutely totali­ ABM VITAL TO AMERICA tional survival. tarian. The most frightening present-day parallel Latter-day Buchanans find it difiicult to Mr. FANNIN. Mr. President, there has to the ante-bellum period is the tendency to condemn 1llegal methods employed in the been a great deal of irresponsible and permit modern radicals to divide society on name of reform. Like Buchanan, they deplore ill-considered talk on the current issue the basis of "morality" instead of promoting the excesses but deny society's responsib111ty of development and deployment of the debate on the nature of the problems con­ to curb them. ABM to protect America from nuclear fronting society and the most effective means FINDING THE PROPER COURSE of solving the problems. blackmail. None of this talk ever ex­ As long as slavery was a political, eco­ What is the proper course for a minority plains why it is proper for the Soviets to nomic and social problem (albeit with moral that finds some aspect of national or institu­ deploy an ABM system, but improper for overtones), the states were able to deal with tional policy accepted by the majority to be us to do so. it; its extension was limited and the trade morally and ethically repugnant? Must con­ The usual double standard regarding curtailed. There was hope for eventual solu­ science be sacrificed to majority will? Or must punishment be accepted as the price of news seems to apply-responsible pro­ tion as late as 1850. But when the problem ponents of the President's system get was forced beyond the political arena and exercising one's conscience? That dilemma became a moral issue, compromise and pa­ aiccounts for much of the current hesitance short shrift and back pages, while any tience were no longer possible. Where once to act in cases of clear violation of the law. little voice raised in opposition rates at an institution had been condemned, subse­ No very agreeable solution has been found. least a 20-point headline and often more. quently fellow citizens were castigated as The dissenter can stifle his objections, exile I have mentioned this before, Mr. immoral or evil. The government of the himself, accept punishment-or limit his President, in several speeches on the Sen­ people ceased to exist on a national basis protest to legal forms. Society, of course, can ate floor, that some ABM opponents play and only war restored it. ignore the violation of its laws, but it does fast and loose with statistics; they even In that war more than 617,500 men died. so at its peril. Particularly when the minority Legal slavery also died. Whether slavery is a sizable one, to ignore disobedience of the contradict themselves. Just a few weeks could have been abolished short of war is law is to encourage wholesale disrespect for ago one voice was raised saying that questionable, but it is certain that the the rule of law. To excuse a violation com­ ABM could ultimately cost $400 billion. methods employed by the radicals stirred mitted in the name of conscience is to set This morning's press carries reports of a public passions to the point that leaders who each man's conscience above that of the critic saying the cost could be $20 bil­ tried to work through to a peaceable, just majority. lion. I think the contrast and conflict solution were cut off. Nor did the fearful The response must be to examine the issue speaks worlds for the value of this kind price buy true freedom for the Negro. The of the individual's right to heed his con­ nation has not finished with the bitterness, science in relation to the importance of a of information, Mr. President. political division and racial injustice that people's right to self-rule. The collapse of free My colleague from Arizona the light of the long Soviet record of bro­ lives, you get some idea of the problem con­ scientific awards that this world has to offer. fronting Nixon and Defense Secretary Mel­ ken agreements plus our experience in trying Nor do we see in the public press any great to negotiate past agreements which included vin Laird. deal of attention given to statements by It makes no difference whether the ABM provision for inspection on Soviet soil. members of the Joint Chiefs of Staff and of This total reliance on the possibility of opponents actually convince themselves that experts in the Nixon Administration's defense the Safeguard system will fail to function. reaching mutual agreement as opposed to establishment. the deployment of even a skeleton missile It is better to gamble on perfecting a work­ No, the emphasis is in the other direction. able system than to be charged with need­ defense is not just one man's argument. It For example, just let Senator Edward Ken­ was the basic theme running through each lessly risking 60 million or so lives. nedy get two known opponents to the ABM There are many paradoxes. One of the and every argument presented to the Sen­ system to prepare a lengthy report, which ate Armed Services Committee for rejection strongest reasons the Nixon administration weighs about ten pounds and contains noth­ wants to go ahead with a Safeguard ABM of the Nixon Administration's Safeguard ing new, and you will find papers like the ABM program. is the belief that such action is the surest Washingtan Post devoting eight and ten way to bring about meaningful arms-control columns of space to its contents. The differ­ Scientists such as George W. Rathjens talks with the Soviet Union. Ironically, Sen­ ence between this report and the great mul­ and W. K. H. Panofsky, for example, spoke ate opponents argue that its approval would titude of treatises and papers which have of the possibility of agreement as though it provoke the Soviets, endanger the prospects been presented in support of the ABM is that might be just around the corner. Indeed for productive negotiations, and result in Mr. Kennedy's boys are against it. Now they Rathjens saw a Soviet-American agreement escalation of the arms race. use a variety of arguments, one of which is to curtail the strategic arms race as "the Conveniently, these senators skip the fact that it would cost too much. I submit the least costly, highest confidence measure of that the Soviet Union showed no interest Russians have been building a missile de­ all." Panofsky told the committee that in engaging in arms-control negotiations fense for five years, and we have known agreed limitations or reduction of arma­ until the United States decision to go for­ about it for five years. Suppose we had ments "appears at last to be in sight." ward with the Sentinel ABM system. The started, even a year after the Russians. Think These assurances certainly have no basis Soviet Union initiated the opportunity to Of what it would have meant in dollars and in fact. No evidence has been brought for­ have arms-limitation talks just four days cents, when you count in inflation and what ward to indicate any possibility of an arms after the Sentinel system was announced. inflation has done to defense costs in the limitation agreement with the Soviet Union. The Russians no doubt believe they have last four years. I submit that it may be And even if there were, the lack of an an advantage over us with their well-ad­ costly to go ahead with the Safeguard today, American counterpart to the Soviet's Galosh vanced ABM system. Our best intelligence but at our present rate of increase and in­ missile defense would have the United States indicates that they presently have 67 ABM flation, think of what it would be if we had entering into such an agreement from a posi­ missile sites deployed around Moscow. to start one five or ten years from now. tion of comparative weakness. Of course, the The Soviets are now 1n the third phase No, on the cost factor I cannot credit the opponents of the ABM system do not see it of their ABM deployment: They deployed opponents of the ABM system. And for one that way. For example, Abram Chayes, Har­ first in 1962 in the Leningrad area; they very important reason. You cannot estimate vard Law School Professor, had this to say launched the second phase in Moscow some a cost on millions of lives and the possibility before the committee: years later and are presently developing a of their being wiped out in an enemy at­ "I conclude that from the standpoint of third generation of ABMs. tack on this country. You cannot estimate achieving strategic arms limitation agree­ Sen. Henry Jackson (D-Wash), chairman the cost of millions of lives or even one ments, we are much better off in the position of the Senate subcommittee on atomic weap­ life in dollars and cents that might, if they we are now in-with no ABM on our side and ons, reports that the Russian system de­ didn't go to an ABM system, be channeled an obsolete one, difficut to upgrade, on ployed in the Moscow area covers far more into American ghettos. theirs-than if each side were engaged in than the capital city of the Soviet Union. Now, understand me well. I am not for ex- competitive deployment." June 2, 1969 CONGRESSIONAL RECORD- SENATE 14511

If we are to accept this conclusion, we in this nation's approach to the entire sub­ our determination to build a missile must accept a Harvard Law Professor's es­ ject of national security and worldwide com­ defense. timation that the Soviet ABM system, now mitments in the name of freedom. If the Russians are truly interested in arms in its third stage of advanced. deployment. In effect, our choice is either to move limitation agreements, they can demonstrate is obsolete. I, for one, am not willing to ac­ ahead and keep abreast CY! the times, or this interest easily enough. All they have to cept any such conclusion. It calls for a gam­ hearken back to that period in the 20's and do is to remove or destroy their own ABM ble that can be counted in millions of lives. 30's when isolationism, disarmament and system so that we will not have to build one But even should we accept this argument, the downgrading of the military and the to reach that level of "partty" about which we have Mr. Rathjens' assurance that it can­ ROTC were being pushed the same as they Secretary McNamara and his aides always not be accepted with confidence. He testified are now. And conditions today have some spoke. I must remind you that we have to as follows: marked similarities. People are tired of war. assume that the Russians are sincere if we "The sad fact is that while we can have Many yearn for the comforting isolated days are going to credit any of the arguments of almost no confidence in an ABM system work­ of an earlier era. Many want to risk again the American left which claim that the true ing, an adversary can have almost no con­ the dangers of unilateral disarmament in the road. to peace in our times lies through fidence that it will not work. Thus, we must face of rising armed strength in the potential speedy negotiations with the Soviet Union. expect the Soviet Union to react to even a enemy camps. We have to believe that they are as desirous "light" or "thin" deployment ... not be­ This is completely understandable, but it of avoiding an escalation of the arms race as cause an ABM system will be effective and is regrettable that the opponents of Safe­ are the opponents of the American ABM not because it will be expanded, but simply guard must appeal to this human tempta­ system. And the only sound and logical way as a conservative hedge against those pos­ tion in their determined and deliberate at­ for the Russians to avoid such escalation is sibilities." tempts to achieve what they mistakenly be­ for them to stop building defense systems One of the ironies of the present debate is lieve would be a more comfortable balance which the United States may not be permit­ the great emphasis the scientific community of power between this country and the So­ ted to duplicate. (or the most vocal part of it) is placing upon viet Union. The forces which today are the impossibility of our even knowing wheth­ mounting a concerted attack on almost every er the Safeguard ABM system would work. item in this nation's defense budget are also THE PESTICIDE PERIL-XIl This ls the same group which supported so making a test case of the ABM controversy. strongly the Nuclear Test Ban Treaty which Thus, we are seeing all of the arguments Mr. NELSON. Mr. President, recent is what makes it Impossible for us ever honor­ against military activity, defense projects, claims that DDT is "absolutely safe" were ably to discover 1f a missile defense system ls security measures, lumped together in the refuted by a University of Wisconsin workable. attempt to defeat Congressional approval Medical School professor at hearings It should be recalled that the Russians for an American ABM. held by the Wisconsin Department of made their high altitude missile tests prior We are today hearing the same kind of Natural Resources on a petition filed by to agreeing to the Test Ban Treaty. There­ arguments that were used twenty years ago various citizens groups to ban DDT in fore, their scientists alld m111tary men have in a futile attempt to get this nation to fore­ the required knowledge to know what does go the development of a hydrogen bomb Wisconsin as an environmental pollut­ work and what does not work. while our Russian adversaries in the Cold ant. It should also be recalled that the Nuclear War pushed ahead with their own H bomb. Dr. Theodore Goodfriend, as assistant Test Ban Treaty was supposed to facilitate The critics of an American ABM system tell professor of internal medicine and and hasten the conducting of meaningful us "ad nauseam" that if we are to approve pharmacology, said that a compound arms limitation talks with the Soviet Union. even the most rudimentary ABM system that could not be determined absolutely safe It has been some years since we ratlfl.ed that we will single-handedly become responsible until a long list of specified tests was treaty, but nothing has transpired to hasten for escalating the nuclear arms race. These the kind of talks it would take to bring about so-called experts overlook conveniently­ made on the compound. Such tests would any reasonable and safe mutual reduction of seldom even mention-the fact that the have to determine the effect of the com­ arms. Russians have been building their own ABM pound on hormones, adrenal reaction, One particularly baseless argument of the system for five years without provoking esca­ carbohydrate metabolism, and many ABM critics ls the one that stwtes that an lation of the arms race. When the Russians other aspects. Those for hormones alone effort by the United States to catch up with began their deployment, our Defense Depart­ would have to be on fetus and embryo the Soviet Union in the area of missile de­ ment scarcely moved a hair. In fact, it took effect, lactation of the mother, second­ f ense would signal the start of ·a new arms Secretary McNamara several years even to ary sex characteristics, and more, he race. The plain fact is that our delayed de­ concede what the Armed Services Commit­ cision to go ahead with an ABM was not tees of both the House and Senate and all said. And it would require observations the start of a new arms race; rather it was intelligence agencies throughout the world over several g·enerations to learn the a decision not to lose a race already in prog­ knew for a fact: That the Russians had be­ effects on fertility. ress, and one in which the Soviets threaten gun to erect a system for defending Lenin­ Dr. Goodfriend's testimony disagreed to leave us far behind. grad, Moscow and other areas of Russian ter­ with that of Dr. Wayland J. Hayes, It ls my considered opinion that we are ritory from the possibilty of an attack from formerly chief toxicologist for the Pub­ now debating in this country the most im­ beyond her shores. It wasn't until last year, lic Health Service, who claimed that DDT portant question to come before this Con­ when the Russians began an advanced phase is "absolutely safe" after conducting ex­ gress in many years. I say this because~ de­ of their ABM deployment that Mr. McNa­ spite its many technical aspects and its pos­ mara saw fit to recommend that maybe it periments in which he increased the dos­ sible non-workabllity, we ·are speaking here would not be a bad idea to explore the idea ages of DDT for humans and no detecta­ about an ultimate system to protect this na­ of a little protection for the United States. ble clinical effect had been produced. tion's deterrent capabiUties and to defend I have sat through many hours of testi­ Dr. Hayes also said that his experi­ 200 m1111on American lives against the pos­ mony in the Senate Armed Services Commit­ ments revealed that any effects from sibility of an enemy attack. I am not con­ tee on the question of whether it is feasible DDT decreased when the dosage was vinced that Safeguard is the final answer, for the United States to proceed with the lowered or withdrawn. This was a direct nor am I convinced that Safeguard is the Safeguard ABM. In addition to that, I have most effective ABM device we could proceed read a great many thousands of words on contradiction to earlier testimony from with at this time. It may well be that Safe­ this subject and a large percentage of what I Dr. Alan B. Steinbach, a neurophysiolo­ guard will not be the system ultimately have heard and read has been arguments gist from the Albert Einstein College of deployed. against the Nixon Administration's first Medicine in New York City, who reported But we are not here talking about alterna­ major defense project. And I am struck by that the effects of DDT are irreversible. tives. The critics of Safeguard offer no sub­ the similarity of the arguments that run In laboratory experiments on insects stitutes in the form of defensive hardware. through all the papers and treatises that and shellfish, Dr. Steinbach found that They would like us to reject Safeguard and have been presented, especially those from rely on Soviet intentions. No, let us make the scientific community and the academic DDT caused tremors and death or an in­ no mistake about this. What this issue boils world in opposition to this proposal. Bolled ability to make a desired motion. He down to ls whether this country ls to have down, they all come around in various de­ said these effects were similar to those even a rudimentary counterpart to the elab­ grees of directness to an expressed fear that of other toxins such as poisonous spiders orate, three-stage, Soviet defense system something we do in the field of defense may or novocain in that they disrupt the known as Galosh. The argument is over upset or irritate the Soviet Union. We are passage of an impulse along a nerve. whether we have something to match against told with an amazing, if questionable, certi­ However, whereas the effects of the other Soviet defenses or nothing at an. And let's tude that approval of the Safeguard ABM toxins wear off, DDT does not. make it very clear we are not here talking system will destroy the possibllity of our about an offensive weapon system. engaging in arms 11mltation talks with the Mr. President, I ask unanimous con­ As I see it, this controversy has a symbolic Soviet Union. This has no basis in truth. sent to have printed in the REcoRD arti­ nature as well as a pragmatic side. I begin The fact of the matter actually ls that the cles published in the Milwaukee Journal to sense that the ABM controversy arises at Russians didn't even entertain the idea of and the Milwaukee Sentinel, reporting a time when we are actually ait; a crossroads such negotiations until after we announced on the testimony of Dr. Goodfriend, Dr. 14512 CONGRESSIONAL RECORD - SENATE June 2, 1969 Steinbach, and Dr. Hayes at the Tues­ earlier by Atty. Willard Stafford, Madison, A small part of that percentage represents day, May 20, hearings in Madison, Wis. representing the DDT manufacturers. people under 21. In Georgia. and Kentucky, The two are the only medical doctors to eligibility begins at 18. In Alaska it is 19, There being no objection, the articles have testified in the hearings. in Hawaii 20. were ordered to be printed in the RECORD, Hayes said the way to determine effect The rest, 7.2 per cent, were in the 21-24 as follows: was to increase dosages until it was deter­ age bracket. [From the Milwaukee (Wis.) Sentinel] mined what might happen. He said this was No doubt the young militants of the New DDT EFFECT DEBATED done with DDT in tests and it produced no Left will contend that these figures represent detectable clinical effect. an effective boycott by young voters against (By Quincy Dadisman) "The point is,'' Hayes said, "a latent effect the establishment's voting processes-or MADISON, Wis.-Nothing occurring in na­ is only latent until you can measure it in against the available major candidate choices. ture has the same effect on nerves as DDT, someone. We've already gone into it at (such) Sorry. Some 50.6 per cent of the people a New York scientist told the natural re­ great length thait we did try to find effects." in the 21-24 age category turned out to vote source department hearing on a proposed for president. That may not sound too im­ ban on the insecticide Tuesday. THE 19 YEARS OF TESTS pressive when set against the total national Alan Steinbach, a neurophysiologist, said Any subclinical effects would have pro­ turnout of 67.3 per cent of the eligibles, but that the toxin of botulism, which had been duced some observable evidence in the 19 it is better than young voters were doing suggested as a cause for the decline of years of his tests, he said. back in the 1950s-when 40 to 45 per cent predatory bird populations around Lake Goodfriend was called as a rebuttal wit­ was a good showing. Michigan, affects the nerve terminals, but ness by Atty. Victor Yannacone, Patchogue, The fact is that young people never have that DDT affects the Axon conduction process N.Y., representing the Citizens Natural Re­ had a very good voting record. Militants in the nerve itself. sources association, which petitioned for the who try to argue that they engineered a "It does not act the same as DDT," he declaratory ruling to get the hearing. stay-away movement will have to explain, said. "There is no reason to expect any na­ Goodfriend said that before he could say however, why the figures are a shade better turally occurring toxin to act like DDT." a compound was absolutely safe, he would this time. St einbach testified earlier that the effect have to know its effect on hormones, adre­ Four years ago, when the choices were of DDT on nerves in laboratory experiments nal reaction, carbohydrate metabolism, Lyndon Johnson and Barry Goldwater, people was to interfere with the passage of sodium among other things. Each would require a under 35 accounted for 24 per cent of the ions through the cell membranes, either series of tests, he said. Presidential vote. This time, with the choices slowing the passage of nerve impulses or Those for hormones alone would have to President Nixon, Hubert Humphrey and causing nerves to "fire repeatedly." be on fetus and embryo effect, lactation of George Wallace, people under 35 represented Steinbach said that other experimenters the mother, secondary sex characteristics, 25.8 per cent of the total. Those at the lower had worked with a polychlorinated biphenyls, and more, he said. end of the age spectrum obviously contrib­ compounds used in industry, which have Then, in regard to fertility, he said, ob­ uted to this modestly improved showing. been suggested as a ca use of some of the servations over several generations would be The reasons why the young do not vote in effects laid to DDT. needed. impressive numbers have less to do with He said that those experimenters had re­ There was a dispute over whether Good­ angry militancy or disillusionment than with ported the effects of the compounds on nerves friend was qualified to testify on the sub­ such simple facts as extreme mobility pre­ were different from the effects of DDT. ject. He said that while he had taken part occupation with either late college or early Wayland J. Hayes, a former head of a in only one experiment with DDT, he was job efforts, military, and attention to the United States public health service toxicology thoroughly familiar with the necessary other distractions of the young. laborat ory and now of Vanderbilt university, methods through his other work. He has It is interesting, too, to see how the younger Nashville, Tenn., returned to the stand for been doing research on measurement of population brackets vote. According to the cross examination. His interrogation turned small quantities of hormones that regulate Gallup poll, voters under 30 went 47 per cent into a battle of semantics between him and­ blood pressure and blood vessels. for Humphrey, 38 per cent for Nixon, 15 per Victor J. Yannacone, jr., the attorney for Hayes disagreed with another Yannacone cent for Wallace. Voters lumped by Gallup in the petitioners for the DDT ban. witness on the effect of DDT on nerve mus­ the 30- to 49-year bracket were a few points Yannacone drew from Hayes a statement cle reactions. weaker for Humphrey and stronger for Nixon, that DDT is "absolutely safe." Alan B. Steinbach, a New York neuro­ with Wallace exactly the same. physiologist, had declared that in compari­ Thus if Gallup's age breakdowns matched Questions and answers were traded, with son with novocain, curare and other toxins, Yannacone questioning Hayes' use of "safe" the Census Bureau's source of other figures in while Hayes attempted to point out that by DDT's effect was irreversible with the result this report, the proportion under 35 voting safe he meant "showing no clinical signs of that it prolonged damage. for Humphrey would be down a bit from the effects." Hayes said that in his experience any ef­ pollster's "under 30" category. fects from DDT decreased when the dosage Nevertheless, the Humphrey vote stands Hayes said, "There's no evidence that DDT was lowered or withdrawn. out as strong. The figures make it hard to re­ reacts chemically in the tissues. There is He said this happened with most chemi­ member that the young militants' ugly, dis­ some evidence that it acts physically on the cals. Asked about radiation, he admitted that nerves, but there is not enough evidence to ruptive noise in the 1968 fall campaign was know what happens." clinical evidences of damages turned up years directed heavily toward the Democratic later. nominee. Hayes disagreed with Steinbach's remarks Most of the time the disrupters left Nixon and said the "Clinical effects of DDT are entirely alone. And much, though not all, of clearly reversible, both as regards effects on THE YOUTH VOTE the anti-Wallace noise in the campaign halls the nervous system and changes in the cells was produced by young blacks. of the liver. When DDT is removed, changes Mr. McGEE. Mr. President, despite the So, for all their noise, the Young Uglies did regress." new left's disdain for our democratic not prevent young people in America from processes, and its efforts to dissuade the voting for Humphrey by a substantial margin. [From the Milwaukee (Wis.) Journal, May young from participation in these, fig­ And they did not stop Wallace from doing 21, 1969] ures show that voting among younger slightly better with the younger elements MEANING OF SAFETY ARGUED AT DDT HEARING voters actually improved in the 1968 elec­ than he did in the population as a whole. (By Richard C. Kienitz) The conclusion has to be that the militants tion. Still, we could all wish that the ac­ are high on the decibel count but short on MADISON, Wis.-Arguments over the words tual turnout of younger voters had been real infiuence. They expended a great deal of "absolutely safe" occupied most of Tuesday's better than the 50.6 percent. energy for very little effect-positive or nega­ testimony at the natural resources depart­ Yet the record should show that, as tive. ment hearing on whether DDT can be More than a year and a half ago, election banned in Wisconsin as an environmental Columnist Bruce Biossat recently wrote: pollutant. The militants are high on the decibel expert Richard Scammon told this reporter count but short on real influence. that the proportion of Americans under 35 Dr. Wayland J. Hayes, Nashville, formerly voting for president in 1968 would rise to a chief toxicologist for the public health I ask unanimous consent that Mr. about 26 per cent from the 24 per cent level service, repeated that in tests on prisoners reached in 1964. He made the forecast before and DDT plant workers, DDT had been Biossat's column, which I have taken from the Wyoming State Tribune for he knew that even one young college auto­ shown to be absolutely safe. crat would be out in the streets in 1968 trying However, Dr. Theodore Goodfriend of the May 21, be printed in the RECORD. to shout Hubert Humphrey down. And he University of Wisconsin medical school said There being no objection, the article missed the actual percentage figure by .2 per a compound could not be called absolutely was ordered to be printed in the RECORD, cent only. safe unless a long specified list of tests was as follows: made. He is an assistant professor of internal MYTHS ABOUT THE YOUTH VOTE medicine and pharmacology. HILLSDALE COLLEGE COMMENCE­ (By Bruce Biossa.t) MENT TWO MEDICAL DOCTORS Of the 78.5 million Americans who voted Hayes returned to the stand Tuesday for for president last November, just 7.4 per Mr. GRIFFIN. Mr. President, on Sun­ cross examination after having been called cent were under 25 years of age. day, June 1, I was privileged to deliver June 2, 1969 CONGRESSIONAL RECORD- SENATE 14513 the commencement address at Hillsdale nation. In this season of bewilderment, there tional Gallup poll, released only a week ago, College at Hillsdale, Mich. It was an in­ is an unfortunate rush to generalize-to indicated that a majority of college students spiration to meet members of the faculty indict all college administrators and to con­ today are in sympathy with goals of the demn all college students. Surely, this is a revolutionaries. Thus, it is possible that we and the student body at this outstanding time to keep your head-even when those may have seen only the beginning-or a part small college. about you seem to be losing theirs. This is of the iceberg, so to speak. That the Hillsdale campus has experi­ a time to reach for solid ground-to main­ It is important to recognize that the cur­ enced no student disruptions in recent tain some perspective. rent crop of college students is not only months is due in part. I am sure, to the As we survey with deep concern the vio­ blessed with higher IQs-but their circum­ quality of leadership and administration lence disrupting our society today, it ls no stances are quite different from their pred­ provided by President J. Donald Phillips. consolation to note-but still it ls a fac~ ecessors in other important respects. For the that violence is not pecU1iar to our nation first ·time in our history, most college students I ask unanimous consent that a copy or to our time. are not preoccupied today with concern about of my commencement address be printed Back in 1741, more than 30 years before bread. and butter for themselves. They are at this point in the RECORD, and that it the Boston tea party there was a terrible products, and live in the environment of, an be followed by a letter from President riot. When it was over, 13 Negroes had been afiluent society. Not having to worry about Phillips dated July 22, 1968, which was burned alive, more than 100 Negroes and their own economic survival, they have the sent last summer to all students and pro­ whites were convicted of arson, and 22 people time and opportunity-as well as the burn­ spective students of Hillsdale College. were hanged. ing desire-to concern themselves with the There being no objection, the material In 1863, during the Civil War, some poor problems of others. Irish immigrants started a riot in New York College s·tudents today are issue oriented. was ordered to be printed in the RECORD City. They complained bitterly that the In many cases, their relative afiluence, as follows: ' burden of the draft fell inequitably upon youthful enthusiasm, and genuine idealism COMMENCEMENT ADDRESS BY THE HONORABLE them, and they feared the loss of their jobs have generated a deep, personal concern ROBERT P. GRIFFIN, U .S . SENATOR, HILLSDALE to newly-freed Negro slaves. about the Vietnam War, the thrust of nu­ COLLEGE, JUNE l, 1969 When the riot was over, 1,000 people had clear war, the importance of the individual, President Phillips, distinguished guests been killed, more than 8,000 were injured, those who live in poverty, as well as the and ofilcials of the College, members of the and vast areas of New York City had been put plight of our cities and other social, polit­ faculty and graduates: to the torch. ical and economic issues of the day. Many I am pleased to see that all 200 members Our times are new, our circumstances are are appalled by the gap between the promise of this graduating class are still in their seats. different, and our problems are more com­ and the performance of our society. Of course, most students simply have not As yet, no one has walked ou~and no one plex. But it may be importan~-though cer­ experienced many of the things that make i~ shouting obscenities or even carrying a tainly not comforting-to keep in mind that sign. even such violence as we have known is their elders a bit more cautions. Living Since this is such a peaceful and orderly nothing new. through a depression has had an indelible imprint on those over 50. The rationing of setting-at the momen~Hillsdale College Today, in different ways, young Americans may not seem like the place for a commence­ are saying to their elders: "You have failed gas and sugar during World War II is still ment speaker to focus upon the current wave us." a memory for those over 30. But a vast ma­ of student unrest and violence that has And in a very real sense, they are right. jority of those in college today have known But, let me suggest that, throughout human only afiluence and relative economic security. aroused the Nation. But I submit that this In a sense, then, the unrest and dissatis­ ls an ideal place to discuss such a topic­ history, no matter how great the progress, each generation has always fallen short of its faction of our campuses today is a phenom­ for a number of reasons. enon of our afiluent society-a byproduct, First of all, let me remind the graduates own hopes-as well as the expectations of the new generation. if you please, of the very progress and eco­ here that you are about to become members nomic success which the older generation of the alumni association. If not already, As brand new members of the "establish­ ment," perhaps you may not fully appreciate has produced. you are soon to be taxpayers and parents-­ This should not be a problem. Instead, in short, part of the "establishment" that is an explanation provided by the thoughtful, liberal George Kennan. But I'll bet your par­ this concern, this enthusiasm and idealism under attack. Very soon you will be looking of youth-this unselfish eagerness to deal at the "generation gap" from the other side ents will. He wrote this: "In most of the reproaches with which our with the needs of others-can, and shoUld of the divide. be, a great blessing for our nation-rather Mark Twain once wrote: children shower us, there is an element of justification. than a curse. "When I was a boy of 14, my father was The challenge before us is to make sure so ignorant that I could hardly stand to "But there is a point somewhere along the way in our adult lives when enthusiasm flags, that Will be the case. have the old man around. We would take a long step in that direc­ "But when I got to be 21, I was astonished when idealism becomes tempered, when re­ sponsibility to others-yes, and affection for tion, I submit, if somehow we could focus a at how much he had learned in seven years." little more attention on what's right about My purpose today is not to condemn the others-compel greater attention to the mundane demands of private life. our society. aggressive impatience of youth. Rather, I We hear a great deal about the few who thought I might take this opportunity towel­ "There is a point when we are impelled to place the needs of our children ahead of destroy. But there is plenty of evidence that come you into the ranks-and, perhaps, to the energy and idealism of today's youth is provide a bit of insight and perspective con­ a defiant idealism, and to devote ourselves to the support and rearing of these same being channeled in positive, and constructive cerning the challenge which you are about activities. to face as new members of the "establish­ children-in order that at some future date they may have the privilege of turning upon Let me read from an editorial which ap­ ment." peared recently in the student newspaper at Within the past two weeks, state troopers us and despising us for the materialistic faint-heartedness that made their maturity Allen University: had to clear Dartmouth's administration "The student body has united to initiate building; 45 students were fined and sent to possible." We hear a great deal today about the "gen­ a plan to build up Allen University, rather jail for 30 days. than tear it down. The plan originated be­ At Purdue, state police moved in with eration gap." There is, and there has always been, a generation gap. Incidentally, every cause one senior had a dream. He dreamed chemical mace to disperse demonstrators. that Allen had new buildings, a broader cur­ Tear gas was necessary in the Nation's cap­ reliable study and survey confirms that the new generation of Americans is not only riculum, a larger student body, and was an ital when 100 students occupied buildings accredited institution. at Howard University. more "hip" and "hippie," they are more in­ "telligent, better educated, more interested in "Being aware of the turmoil on college Needless to say, the list is longer. Here in politics and government, and they have campuses today, Allen students realize that Michigan, student violence has rocked the greater potential than any generation in the this is a reverse twist, .but we hav.e decided . campus at Ferris State. history of our nation. to work with the administration to make At Berkeley, the Hamburger Hill of high­ Although it may not have been apparent Allen University one of the top-rated schools er education-thousands of national guard w those who read the newspapers or watchea in the nation. . . . troops are necessary to maintain order. i;elevision newscasts during the past several "We have announced that instead of pro­ Movement leaders who demanded free weeks, nevertheless it is a fact that the vast, testing and throwing bricks, we are joining speech several years ago are the very ones now overwhelming majority of the nearly 7 mil­ hands, and with the help of God and our who deny free speech through violence to any lion college students in this nation were not college president, raising $100,000 for the one who opposed their views. involved in riots. Instead, they have been preservation and uplifting of our Alma Surely, the greatest shock of all for the very busy preparing for final exams. Mater. Nation came with the appearance of guns in And it seems important to point out that "Certainly we could demonstrate, boycott the hands of students on the campus at while there are more than 2,500 colleges and classes, oocupy an administration building Cornell. . universities in the United States, only about but what would be achieved? . . . We be­ Some who assess the current scene believe 20 have been hit by violent disruptions. lieve that activism in the manner of a posi­ that a mood of violence has spread across At the same time, it could be a serious tive prograim. will result in far moTe progress our land-that a kind of madness is loose mistake to take too much comfort from his­ than would the negative program of violence which threatens our very existence as a torical comparisons or such statistics. A na- and demonstration. . . . 14514 CONGRESSIONAL RECORD- SENATE June 2, 1969

"Be assured that we, the students Of Allen and to commend President Philllps, the good objectives of youth. But, this convic­ University want to be heard . .. But we feel board of trustees, the faculty and the stu­ tion does not accept anarchy as a solution, that we will be heard because we don't have dent body for the splendid example which nor does it permit turning over the author­ to shout above the clatter of the militant all of you, working together, are providing ity of the cam.pus to youth or adults who battle cries. We are not accepting what the for the rest of the Nation. lack the experience to carry out the avowed militants are saying, which is to fight the And, now, at the cost of being considered purpose and responsibillty of Hillsdale establishment. a bit square, I should llke to conclude by College. "Yes, we have to admit that we a.re d.iffer­ sharing with you some words of hope ex­ The right of dissent has been an honored ent. pressed by Gen. Douglas MacArthur to the American tradition. That privilege has al­ "The difference is that we are th1nk1ng members of another graduating class: ways been and will be respected. at Hillsdale a.bout ourselves and for ourselves, and we are He said: College. proud of the difference. "I hope your education . . . has molded But, the administration may never deny "We a.re also proud of being black. We, too, you for your roles as custodians of the Re­ the rights of those students whose principal think that black is beautiful. We a.re also public; that it has taught you to be strong objective is the peaceful and orderly use of proud Of our black schools; proud of our enough to know when you are weak, and the resources of personnel and facilltl.es of bl81Ck ancestors who toiled to build and brave enough to face yourself when you are the college for gaining their formal educa­ maintain a black university: a university afraid; that it has taught you to be proud tion. Nor has the administration the legal owned and operated by blacks. If we tear it and unbending in honest failure, but humble or moral right or privilege to delegate gov­ down, we will not be fighting the establish­ and gentle in success; to learn to stand up in ernance of its institution to students whose ment; we will only be fighting ourselves." the storm but to feel compassion for those intelllgence and creativity is earnestly re­ The other day, I put another item in the who fall; to have a heart that is clear and a spected but whose perspective for and ex­ Congressional Record. It revealed. that ad­ goal that is high; to master yourself before perience in organizational management is ministration eyes were lifted several weeks you seek to master others; to learn to laugh, yet far too llm.ited to take on the manage­ a.go at Kalamazoo Valley Community College yet never forget how to weep; to reach into ment of affairs of the college. when a fiyer began circulating on campus, the future, yet never neglect the past; to be Therefore, let it be known that a.ny act w'hich began like this: serious, yet never to take yourself too seri­ of violence or intimidation, any selzing of "When a college has a poor administration, ously, and, finally-in all these ways-that any portion of property or any unauthorized it is the right of the students to protest." it has taught you to be a good citizen of your activity which prevents the normal opera­ And the fiyer continued. as follows: country and the world." tion of the college in any way by any indi­ "Further, if a college has a good adminis­ Thank you. vidual or groups of individuals will be tration and faculty, it is the right of the considered in direct opposition to the nec­ students to show their a.ppreoiation." HILLSDALE COLLEGE, essary operation of the college, and action Whereupon, to make a long story short, Hillsdale, Mich., July 22, 1968. sufficient to the cause will be taken im­ the 1,500 students in that small college pro­ To Our Hillsdale College Students: mediately, including the possibiUty and ceeded to demonstrate peacefully their ap­ We are looking forward to greeting you in probabillty of suspension or expulsion, re­ preciation for the wonderful education theY September and hope that the summer has gardless of the number involved. Similar have been receiving. been good to you. action will be taken against those who ad­ Not a building was occupied, not an office The following expression is probably quite vocate such described activities. was ransacked, not a slngle non-negotiable unnecessary for any of our students and is This statement is made to clarify any re­ demand was made. not made because of any special knowledge maining doubt of what our policy shall be All in all, I guess you'd have to sa.y that or expectation. But, these increasingly tense regarding this phase of our relationships. they seem to be a pretty square bunch of and complex times seem to require that we It is submitted now in order that any stu­ students and professors at Ka.16.lllazoo Valley know in advance what the college position dent may still have adequate time to select Community Oollege--squa.re, thait is, in the will be in certain areas. another college if the above terms are not very best sense of the word. Attendance at Hillsdale College is a priv­ acceptable. Moreover, the college shall use I do not suggest that we can ignore or seek ilege and not a right! its offices to help such a student find a col­ to min1mize the danger posed by some ele­ Hillsdale College is dependent financially lege or university more acceptable to his or ments on some campuses today. Ordinarily, on the philanthropy of alumni, business and her personal purposes. it is not easy to shake the indifference of industry, trustees and friends. Their support Cordially, the vast silent majority in this country. But, comes from knowledge and approval of the J. DoNALD PHILLIPS. as James Reston pointed out in a recent college's purposes, methods and products. It column, the sight of guns and endless head­ is this philanthropy which has paid the dif­ lines about campus violence has a.roused ference between the actual cost of your edu­ them-the middle aged and the middle cation and the amount which you pay. ECONOMICS OF ST. LAWRENCE class-those who are caught in the middle Such historical support must identify, even SEAWAY between rebellious kids and aging parents-­ to a casual observer, certain continuing moral Mr. Mr. between the mounting burdens of inflation obligations. Furthermore, there is a legal PROXMIRE. President, Eric and taxation. It is not surprising that this continuing obligation to the States which Schenker, associate dean for social silent majority is·putting great pressures on gives our college the corporate right to exist. sciences at the University of Wisconsin, Congress to get this movement of student These obligations can only be fulfilled if is one of the foremost authorities on the violence under control. the administration of the affairs of the col­ economics of the St. Lawrence Seaway. I do not say that there is nothing that Con­ lege remains with the duly nominated offi­ As associate director of the Center for gress can, or should, do about the situation. cers and offices: The Board of Trustees, the Great Lakes ·studies, Dean Schenker has Senator McClellan's Permanent Investigating President, other administrative offices and Sub-committee, of which I am a member, is the faculty. devoted a great deal of time and energy currently undertaking an in-depth investi­ Wisdom would direct that in these fast­ to the manifold problems confronting the gation of the organization, the financial sup­ changing and complicated times, and with Seaway-Great Lakes system. port and objectives of the S.D.S. and other the improved preparation of young people At a recent appearance before the extremist groups which have been involved in for college, their ideas, suggestions, and de­ Canadian Transportation Riesearch For­ campus disorders. sires should be sought and should be But, at the same time, I raise a concern thoughtfully considered.. But, organized so­ um, Dean Schenker delivered a paper that under the strong emotional pressures ciety calls for the use of representatives by entitled "The Future of U.S. Great Lakes of the moment, there is some danger that reason of the fact that insufficient time would Transportation With Particular Refer­ Congress could over-react--that Congress be available to deal with each student sep­ ence to Containerization and General could go too far in subjecting education to arately on each idea that may develop. Cargo." His paper includes a detailed the control and direction of a centralized Therefore, the Student Federation is the analysis of traffic forecasts for the sea­ government. vehicle through which students should typ• way over the next few decades, and con­ Perhaps we can pass some new laws. But ically find the means of having their ideas what good will that do, if laws already on heard, discussed and transmitted. In addi­ siders various approaches toward im­ the books are not enforced. It seems clear tion, many faculty an administrative com­ proving the traffic picture on the seaway. to me that any meaningful answer depends mittees, where appropriate, will invite stu­ Among other things, Dean Schenker necessarily upon the existence and support dent representation in order to give greater concludes that any across-the-board at each college and university, of an en­ assurance that the ideas of students get into hike in seaway tolls would not be ad­ lightened, understanding but firm adminis­ the main stream of thoughts for the manage­ tration. ment of the college. Nor will any individual visable at this time. Whatever the politicians may say or prom­ student be denied access to a hearing of his I ask unanimous consent that Dean ise, in the final analysis, each college and ideas within available time. Schenker's analysis of the St. Law­ university must decide for itself whether it The author of this statement has been a rence Seaway be printed in the RECORD. will be a center of learning or a battlegrou:id national spokesman in defense of the good for undisciplined rebels. intent and high purposes of today's youth. There being no objection, the paper I'm extremely proud to be here today, on No one ·believes more strongly nor deeply was ordered to be printed in the RECORD, this beautiful campus at Hillsdale College, in the intelllgence, the high ideals, and the as follows: June 2, 1969 CONGRESSIONAL RECORD- SENATE 14515

THE F'UTURE OF U.S. GREAT LAKES TRANS• TABLE !.-PROSPECTIVE TOTAL DIRECT GREAT LAKES-OVERSEAS GENERAL CARGO TRAFFIC• PORTATION WITH PARTICULAR REFERENCE TO CONTAINERIZATION AND GENERAL CARGO* (In thousands of short tons) (By Eric Schenker, professor of economics and associate director, Center for Great Ports and harbors·------~------1, 975 1, 985 1,995 2,005 2,015 All harbors ______5,600 6, 700 7,600 8,450 9,200 Lakes Studies; project assistant, Stephen Some selected harbors: M. Hagins) Oswego, N.Y _------65 80 95 108 120 Rochester, N.Y ______35 50 60 70 In any discussion of the future of trans­ Port of Buffalo, N.Y ______65 portation on the Great Lakes, general cargo 305 355 395 435 475 Erie, Pa ______- 130 160 183 204 224 and containerization assume unique roles, Ashtabula, Ohio ______------100 120 125 130 130 the former because of its effect on the port Cleveland, Ohio ______------__ ------___ 565 720 825 930 1,035 Rouge River, Mich ______310 345 380 410 440 and community, the latter because of its un­ Saginaw River, Mich ______told potential. It is the purpose of this paper 95 15 130 145 160 Muskegon, Mich ______------___ 86 99 111 122 133 to inquire into the roles of general cargo and Burns, Ind ______165 24Q 285 330 370 containerization in the future of Great Lakes Port of Chicago, Ill. (including Calumet overseas shipping, and to point out some of Harbor and River, Lake Calumet, and the policy issues which must be resolved for Chicago Harbor) ______------2,080 2,330 2,520 2, 710 2,900 Kenosha, Wis __ ------______61 68 73 77 80 Great Lakes Seaway transportation to have Milwaukee, Wis ______------615 715 805 885 960 a bright future. . Manitowoc, Wis ______------5 6 7 7 8 Although general cargo represents only ten 152 185 198 207 215 per cent of Great Lakes-Ocean shipping, Othe~he:ri:~~~~i~: ::======831 1, 112 1,408 1,685 1,880 "general cargo traffic has the greatest impact upon the port and the community. It pro­ Source: U.S. Army Corps of Engineers, Great Lakes-Overseas General Cargo Traffic Analysis, North Central Corps of Engineers, duces the highest revenue per ton for the Chicago, Ill., March 1967, p. 133. dock workers, shipping services, and the •These figures exclude the commodity classification of iron and steel scrap from general cargo. port-generating an estimated $23 per ton of direct community income." 1 Another study was made for the Depart­ In January, 1969, the Department of Trans­ While the stream of benefits from general ment of Commerce by the Stanford Research portation issued a set of traffic forecasts for cargo traffic on the Great Lakes has been Institute in November, 1965. Their projec­ the St. Lawrence Seaway prepared by the substantial since the opening of the St. Law­ tions, made in terms of high and low esti­ EBB Management ConsUltants, Inc.' This was rence Seaway in 1959, containers and their mates for general cargo traffic on the St. an exhaustive study which included 1980 substantial cost advantages have not yet Lawrence Seaway are summarized in Table II traffic projections for all major groups of made really significant appearances on the below: commodities which are transported via the Great Lakes. By permitting more efficient Seaway. The EBS estimates of 1980 cargo handling of cargo, containers substantially TABLE 11.-PROJECTED SEAWAY GENERAL CARGO traffic on the St. Lawrence Seaway are sum­ reduce the time necessary for ships to be un­ TONNAGE marized in Table III. loaded and reloaded; since the majority of The reader w1l1 note that there is a slight transport cost is incurred while the ship is Short tons problem which arises in the comparison of in port, the fast turnaround offered by con­ Corps of Engineers, SRI, and EBS estimates. tainerships can itself cut costs by 25 per The Corps of Engineers' definition of gen­ cent.9 In addition, containerization substan­ 1970: High ______------5, 500, 000 eral cargo excludes iron and steel scrap. The tially lowers packing costs, the incidence of Low______4, 100, 000 SRI estimates include this commodity. In damage to cargo, losses due to pllferage, and 1975: addition, iron and steel product.6 represent therefore insurance rates. It is not unreason­ High------6, 700, 000 such a large part of genera.I cargo traffic that able that efficient use of containerships at Low ______------___ 4, 900, 000 1980: EBS saw fit to make separate projections for modern container facll1ties could cut the High ______---- __ ------7, 600, 000 these commodities; therefore, when compar­ costs of shipping to 25 per cent of the cost Low ______------______5, 600, 000 ing EBS figures to the others, it is necessary now incurred by conventional vessels at con­ 2000: to consider "Iron and Steel" and "General ventional terminal facllities.8 High·------11, 200, 000 Low ______------_____ 7, 400, 000 Cargo" as general cargo. It is also important The future of containers however bright, to bear in mind that the Corps of Engineers is not without its problems. The efficient use projections do not include Canadian gen­ of containerships and containers requires a Source: Stanford Research Institute, Economic Analyses ot eral cargo estimates while both SRI and EBS specialized terminal facility, with an open Sl Lawrence Seaway Cargo Movements and Forceast of Future Cargo Tonnage, U.S. Department of Commerce, 1965, p. 83. estimates include Canadian. traffic in their quay, a large apron, and an open marshalling analyses. area of ten to twelve acres; such a berth would presently cost about $4.5 million.' While it is true that conventional ships and TABLE 111.-1980 TRAFFIC FORECASTS FOR THE ST. LAWRENCE SEAWAY conventional general cargo facilities can (In thousands of short tons) handle some of the smaller containers, much of the efficiency and much of the resUlting 1980 (estimate) cost reduction are lost. In addition, the cost of deadheading necessitates that there be Present system some reasonable balance in trade between Unchan~ed Expected container-using areas. A sim1lar problem 1966 (actual) competitive competitive 4-week Enlarged arises in delivery of containers from the Major commodities base year position position extension system port to respective consignees. With this brief background for general Wheat. ______------11, 191 10, 335 11, 160 11, 445 ll, 160 cargo and containers as a starting point, it is CornBarley ______and rye ______------3,388 7, 070 6,535 6, 785 6, 725 appropriate for us to turn our attention to 1,495 1, 765 1, 765 1,840 1, 765 Soybeans ___ ------____ ------l, 230 2, 325 2, 140 2,655 2,239 the present and future of general cargo and Minor grains and oilseeds ______1,280 815 740 740 740 containers. The U.S. Army Corps of Engi­ Iron ore ______------15, 506 14, 500 14, 500 14, 620 14,500 neers has compiled an excellent analysis G CoaL ______---___ ------1,225 1,350 l, 350 1,350 l, 350 Fuel oiL . ______------2, 085 3, 150 3, 150 3, 150 3, 150 of Great Lakes-Overseas general cargo traffic Other bulk ______----______966 2,445 2,445 2,445 2,445 and projections for overseas general cargo Iron and stee'------3,422 4, 945 4,606 4,606 4,606 traffic at individual U.S. Great Lakes ports. General cargo ______------7,462 9,300 5,676 6,337 5,676 Assuming (1) that there will be no major wars, national or world-wide depressions, (2) Total. ___ -_--- _------49,250 58, 000 54,067 55,973 54,356 that the controlling depths at major Great Lakes harbors will be deepened to the 27 foot depth of the Great Lakes connecting AB is obvious from Table III, EBS made St. Lawrence Seaway Authority of Canada channels, the Welland Canal, and the St. several different projections, the first being by the firm of Kates, Peat and Ma.rwick.s Lawrence Seaway, (3) that canals and water­ based upon the assumption that the com­ The KPM projections were in terms of total ways between Lake Erie and Lake Ontario petitive position of the Seaway relative to tonnages, and not broken down into built and in the St. Lawrence River will be ade­ railroads, Atlantic, Pacific, and Gulf coast cargo and general cargo figures, so that those quate to handle the projected volume of ports would remain stable. Their second forecasts are of llinited usefulness in our traffic, (4) that terlninal facllities will be projection took into account their estimate present discussion. The Battelle Institute available to accommodate berth service ocean of the change in competitive positions by has made estimates for future general cargo vessels, and (5) that certeis paribus, an over­ 1980. It is noteworthy that the EBS projec­ and container-suitable traffic at the port of seas shipment will move by the most eco­ tion, after estimated diversions to competing Cleveland"; while informative, these projec­ nomical route, the Corps of Engineers makes modes of transportation, is substantially tions were based on a less rigorous analysis the following projections: higher than either the Corps of Engineers than the Corps of Engineers or EBS study. or SRI projections. Prior to the publication of the EBS study, Footnotes at end of article. Additional projections were made for the we carried out an estimation of the future 14516 CONGRESSIONAL RECORD- SENATE June 2, 1969 container-suitable general cargo traffic on the route.12 In addition, the U.S Army Corps deep-draft ocean vessels may be accommo­ Great Lakes. Since the Corps of Engineers of Engineers has undertaken costly dredging dated. At present, the Canadian government projections lay between the SRI high and operations at Great Lakes harbors, so that is discussing a $180 million project of twin- low projections, we deemed it reasonable to oonduct our study in terms of the Corps of TABLE V.-PROJECTED CONTAINER-SUITABLE GENERAL CARGO TRAFFIC AT PRINCIPAL GREAT LAKES PORTS Engineers' estimates. Certainly not all of the general cargo traffic (In short tons) will be suitable for containerization. To pro­ ject the level of container-suitable traffic on Port 1975 1985 1995 2005 2015 the Great Lakes, as shown in Table IV below, this general cargo was divided into three Chicago ______Cleveland ______478, 000 536, 000 580, 000 623, 000 667, 00() categories: (A) goods that will fit into a 175, 000 223, 000 256, 000 288, 000 320, 000 Detroit______--- __ _ 171, 000 205, 000 COll!tainer and are of sufficient value to war­ Milwaukee ______233, 000 258, 000 282, 000 rant the expense of using a container for Toledo ______169, 000 196, 000 221, 000 243, 000 264, 000 their overseas movement, (B) low-valued 97, 000 117, 000 133, 000 148, 000 160, 000 goods that would physically fit into a con­ tainer but, because of their relatively low Source: Eric Schenker, The Effect of Containerization on Great Lakes Ports, Center for Great Lakes Studies, University of Wis­ value, would only be containerized in order consin-Milwaukee Special Rept. No. 2. 1968. to fill boxes that might otherwise move to or from a port empty, and ( C) general cargo TABLE Vl.-U.S. GREAT LAKES PORT DEVELOPMENT EXPENDITURES 1946-70 th.at won't fit into a container, is of very low [Dollar amounts in thousands) value, or that for some other reason would not be containerized. It is important to re­ Average Average Percent of Percent of member, however, that in 1964 fully 657,927 annual annual annual total out- Outlays for outlay for Outlays for outlay for outlays going lays goinS short tons, or 21.8 per cent of general cargo Grand Average general general special special for general for specia traffic at the ports of Chicago, Cleveland, De­ total annual cargo cargo purpose purpose cargo purpose troit, Milwaukee, and Toledo were container­ Year outlays outlay facilities facilities facilities facilities facilities facilities suitable,10 but only a small amount of this container-suitable traffic was actually 1946-55 ______---- - $97, 840 $9, 784 $10, 840 $1, 084 $87, 000 $8, 700 11 89 shipped in containers. 1956- 57 ______49, 196 24, 598 15, 474 5, 737 33, 722 16, 861 31 69 1958~0 ______------50, 089 20, 036 27' 965 11, 186 22, 124 8, 850 56 44 196H2 ______17, 622 7, 049 13, 296 5, 318 4, 326 l, 730 75 25 TABLE IV.-ESTIMATED CONTAINER-SUITABLE TRAFFIC ON 35, 891 THE GREAT LAKES 1963~5 __ __------11, 964 14, 541 4, 847 21, 140 7' 147 41 59 Projected 1966-70 ______11, 500 2, 300 ------. ----- [In short tons) Source: American Association of Port Authorities, Port Development Expenditure Survey, Washington, D.C., table 111, p. lOA. Year Imports Exports Total ning locks on the Welland Canal, in order is an open question; the wisdom of paying that recently experienced traffic jams of off the debt within that time period is still 1975 ______756, 000 616, 000 1, 372, 000 ships waiting to pass through the canal another. lt is often suggested that the way to 1985 ______905, 000 737, 000 1, 642, 000 1995 ______might be avoided. make the Seaway pay for itself is to raise tolls. 1, 026, 000 836, 000 l, 862, 000 Local governments, too, have invested mil­ It is readily seen that for some commodities, 2005_ ------l, 141, 000 930, 000 2, 071, 000 2015 ______1, 242, 000 l, 012, 000 2, 254, 000 lions of dollars in port facilities to serve and notably wheat, barley, and rye, there is no attract overseas traffic. Port development ex­ effective competitor with Seaway transport. penditures since 1946 are summarized in Therefore, it would not be anticipated that Source: Eric Schenker, The Effects of Containerization on Great Lakes Ports, Center for Great Lakes Studies, Un iversity Table VI. Not only are the proposed expendi­ a change in tolls would cause a diversion of of Wisconsin-Milwaukee Special Rept. No. 2, 1968. tures for the 1966-70 period the lowest (in traffic of sufficient magnitude adversely to terms of average annual expenditure) for affect Seaway revenues, and, in truth, one On the basis of the Corps of Engineers' the Great Lakes since World War Il, they will would expect that Seaway revenues would estimates of 6,700,000 tons of general cargo be much smaller than the proposed expendi­ rise. However, in the transportation of those traffic on the Great Lakes in 1985, we have tures for the development of competing ports commodities for which the Seaway faces projected that 1,642,000 tons, or 24.5 per cent, on the Atlantic, Pacific and Gulf coasts. strong competition, e.g., general cargo, a rise would be container-suitable. A similar per­ In 1966, of the 63,905,553 tons of Canadian in tolls could be expected to cause a change centage of the EBS 1980 projection of gen­ cargo traffic that passed through the St. in the volume of, say, general cargo, which eral cargo traffic would be 3,800,000 tons of Lawrence Seaway and the Welland Canal, could be sufficient in magnitude actually to container-suitable traffic. Therefore it would only 1,403,452 short tons, or 2.2 per cent, decrease the revenue of the Seaway obtained seem that the opinion expressed by EBS 11 were general cargo.13 from the transportation of genera.I cargo. that 3,400,000 tons of general cargo traffic Furthermore, there are n::> fully integrated Therefore, it would seem that an across-the­ would be diverted from the Seaway because container facilities on the Great Lakes, nor board toll hike to raise Seaway revenues of containerization would seem to approach are any planned. Toronto and Hamilton, would be ill-advised. an absolute maximum in losses of cargo due however, h ave stressed container needs at to a deterioration of the Seaway's competitive GOVERNMENT CARGOES AND TRANSPORT several new general cargo terminals, which REGULATION position. emphasizes an unprecedented open dock area Perhaps more important to our discussion for boxes and vehicles. The role of investor is not the only role of the future general cargo traffic on the that the Federal government plays in ship­ Great Lakes than the projected level of con­ SEAWAY TOLLS ping on the Great Lakes. Military and related tainer traffic on the Lakes is the distribu­ Hand-in-hand with the issue of public in­ c-argoes shipped by the Department of De­ tion of this container traffic among the ma­ vestment goes the debate over Seaway tolls. fense and relief cargoes shipped by the De­ jor Great Lakes ports. These projected figures Although the original agreement on tolls ex­ partment of Agriculture constitute a consid­ are presented in Table V. pired in 1966, the United States and Canada erable portion of the volume of Great Lakes­ As pointed out by the above projections, have agreed to maintain tolls at 1966 levels Overseas traffic. Although a large percentage general cargo traffic and containers have a until 1970. However, Canada's share of toll of Defense Department exports are produced great potential on the Great Lakes; however, revenues has been increased from 71 per cent in the dense metropolitan areas of the Great realization of the potential depends on the to 73 per cent; this represents a decline in Lakes region, relatively few of them up to favorable solution of a large number of prob­ U.S. toll revenue of 7 per cent. In addition, now are shipped overseas from Great Lakes lems which currently face the Seaway. The Canada has begun charging lockage fees in ports. The reason for this incongruous situa­ following discussion attempts to point out the Welland Canal, fees which will be in­ tion lies in the U.S. Cargo Preference Laws. some of the controversial issues which have creased by $20 per annum per lock to a max­ These statutes prohibit Defense Department arisen in the Seaway's first ten years, but imum of $100 per lock in 1971. cargo from moving in foreign-owned vessels, this list should by no means be considered The legislation authorizing the develop­ when an American-owned vessel is in the complete. ment of the Seaway required that the Sea­ sam.e administrative district. This restriction PUBLIC INVESTMENT way be self-supporting and that the bonded is doubly detrimental to the Great Lakes ship­ While this paper will not enter into the debt incurred in construction of the Seaway ping because ( 1) Great Lakes-Overseas traffic long standing debate over the relative merits be retired in 50 years. However, it is a long ls carried predominantly in foreign-owned and demerits of public enterprise, it must be standing premise that all waterways in the vessels, and (2) the Great Lakes ports lie pointed out that in the absence of publlc continental U.S. be open to use without within the same military administrative dis­ investment, Seaway trade would be almost charge. Since the Great Lakes are forced to trict as New York and other North Atlantic non-existent. The Federal government in­ compete with toll-free fac111ties on the At­ ports. There is no incentive for ships' captains vested over $400 million in the Seaway lantic Coast, on the Mississippi system, etc., to bring their vessels into the Great Lakes for some misallocation of resources is inevitable. government cargo when this cargo will be Whether the Seaway will be able to pay brought to them at Atlantic ports (at reduced Footnotes at end of article. off its bonded d~bt in the required fifty years rail rates as allowed under Section 22 of the June 2, 1969 CONGRESSIONAL RECORD- SENATE 14517 Interstate Commerce Act). There exists an zoo, Michigan to New York (750 miles) than locks, and deepening channels. Summaries analogous problem with rail rates in gen­ to Muskegon, Michigan (75 miles) .u of those estimates are presented below. eral, for Eastern railroads often charge lower In January, 1969, the Department of De­ After making the above capital cost esti­ rates from the Midwest to the Atlantic coast fense announced that military vessels would mates, EBS made annual cost estimates (as­ than to closer Great Lakes ports. In one in­ begin transporting cargo via the Great suming a 4.6 per cent rate of interest) and stance, it was cheaper to ship from Kalama- Lakes. The vigor with which this new policy projected the annual benefits, based on their traffic projections, that would accrue from TABLE VIL-ESTIMATED CAPITAL COST OF EXTENDING THE SAILING SEASON OF THE PRESENT SEAWAY SYSTEM the following four projects. Project A: Expanding the entire Seaway Locks, aids to system to the maximum dimensions of the Length of season extension Total cost lcebreaking navigation, etc. new Poe Lock, which are 1200' x 100' x 33' With a channel depth of 31' and a channel 2 weeks ______------______$259, 000, 000 $246, 000, 000 $13, 000, 000 Width of 600'. 4 weeks ______- _____ ------343, 000, 000 299, 000, 000 44, 000,000 Project B: Enlarging the system to 32' 6 weeks ______------____ ------__ ------__ _ 494, 000, 000 358, 000, 000 136, 000, 000 channel depth throughout to permit vessels with maximum dimensions of 1200' x 115' x Source: U.S. Coast Guard, "Report of Technical Subgroup-St. Lawrence Seaway Task Force," November 1968, as quoted in 30'. EBS Management Consultants, Inc., "An Economic Analysis of Improvement Alternatives to the St. Lawrence Seaway System," Project C: Extending the Seaway season January 1969, table VI~ . by four weeks. TABLE Vlll.-ESTIMATED CAPITAL COSTS OF ENLARGING TOTAL SEAWAY SYSTEM DIMENSIONS Project D: Both B and C. With the estimated benefits from each of the above projects discounted at a 4.6 per Channel depth cent rate of interest, only Project C paid for Bement 31 foot 32 foot 34 foot itself within 25 years; the four-week exten­ sion of the Seaway season was estimated to Locks and channels ______------_ $2, 950, 000, 000 $3, 307, 000, 000 $4, 402, 000, 000 pay for itself in (what seems to be a fairly Ports and harbors ______------______343, 000, 000 413, 000, 000 544, 000, 000 rapid) seven years. REGIONAL INTERESTS AND THE PORT PROMOTION Tota'------3, 293, 000, 000 3, 720, 000, 000 4, 496, 000, 000 PROBLEM Source: U.S. Coast Guard, "Report of Technical Subgroup-St. Lawrence Seaway Task Force," November 1968, as quoted in Conflicting regional interests sustain the EBS Management Consultants, Inc., "An Economic Analysis of Improvement Alternative to the St. Lawrence Seaway System," political and regional competition con­ January 1969, table Vl-5. troversies which surround the Seaway. Metro­ politan areas near the Great Lakes are anx­ TABLE IX.-ESTIMATED CAPITAL COST OF EXTENDING THE SAILING SEASON OF AN ENLARGED SEAWAY SYSTEM ious to see the Seaway developed to its full potential. Atlantic and Gulf coast interests Ship size permitted oppose development and extension of the Seaway, as they opposed the initial construc­ Season extension 1,000' x 105' x 29' 1,200' x 115' x 30' 1,400' x 125' x 32' tion of this competing transport facility. Great Lakes ports handle only one-tenth of 2 weeks ______------______$3, 595, 200, 000 $4, 038, 400, 000 $5, 281, 200, ooo the import-export traffic of their hinterland. 4 weeks ______------______------____ _ 6 weeks ______3, 688, 800, 000 4, 136, 700, 000 5, 381, 700, ooo When one considers that a shipment of one 4, 001, 600, 000 4, 492, 700, 000 5, 773, 100, 000 ton of general cargo creates between $35 and $50 of direct and secondary income for local Source: U.S. Coast Guard, "Report of Technical Subgroup-St. Lawrence Seaway Task Force," November 1968, as quoted in workers, it is evident that increased hinter­ EBS Management Consultants, Inc., "An Economic Analysis of Improvement Alternatives to the St. Lawrence Seaway System," land traffic would ·provide enormous economic January 1969, table VH. gains. Needless to say, such gains would be TABLE IXA.-ESTIMATED COST OF PAIRING ALL LOCKS determine both the benefit.s reaped by the largely at the expense of Atlantic and Gulf IN THE ST. LAWRENCE SEAWAY SYSTEM Great Lakes ports and the extent to which old coast ports.IS inequities are rectified. However, it would Since there is so much to gain by increas­ Capital costs be clearly premature to make any estimate ing the share of the Great Lakes imports and of the change in policy at this time. exports which its own ports handle, it is Size of 8roposed locks: In addition, Great Lakes-Overseas ship­ indeed surprising that the Great Lakes ports 1,2 CY x llCl' x33'------$1,697,000,000 1,400' x 125' x 34'------1,838,000,000 ping is currently hampered by a seasonal do not unify their promotional efforts to com­ 1,600' x 140' x 36' ------1, 933, 000, 000 interruption in traffic. Freezing tempera­ pete traffic away from the Atlantic and Gult tures and other factors force a shutdown of coasts. Table X summarizes the promotional Source: U.S. Coast Guard, "Report of Technical Subgroup­ the Seaway for about four months of the expenditures of the Great Lakes ports. St. Lawrence Seaway Task Force," November 1968, as quoted year. Whether the 370 miles of Seaway sub­ There is some tendency for the Great in EBS Management Consultants, Inc., "An Economic Analysis ject to severe ice problems can be kept ice Lakes ports to treat each other as competi­ of Improvement Alternatives to the St. Lawrence Seaway System," January 1969 table Vl - 2. free is a difficult technical question. Finding tors; they certainly compete for traffic in economic justification for such an under­ some areas of their hinterlands, but in truth, is pursued and the future transportation taking is quite another one. their fortunes rise and fall as one. While it needs of the Department of Defense will The EBS study included estimated costs might not be profitable for a ship to travel of an extension in the Seaway season, as the Great Lakes only to call at a single port, Footnotes at end of article. well as estimates of the costs of pairing all it might be quite profitable to include stops

TABLE X.-SURVEY OF UNITED STATES AND CANADIAN GREAT LAKES PORTS ON TRADE PROMOTION PROGRAMS, CALENDAR YEAR 1968

Chicago- (City and Erie Detroit Buffalo Cleveland Toledo Duluth regional) 1 Rochester Toronto Hamilton Milwaukee Total

I. Salaries and wages: A. Managerial staff pro rata on promotion ______19, 200 24, 909 None 22, 000 70, 000 25,000 ------9, 000 50, 000 None 18, 000 238, 109 B. Full-time staff employees __ ------9, 000 21, 930 20, 250 30, 000 97, 550 10, 100 ------None 60, 000 25, 500 21, 870 296, 200 C. Part-time staff employees ______None None None None 5,400 None ------None 1, 050 (2) 5, 000 11, 450 II. Travel and promotion, domestic ______8, 293 3, 500 3, 000 10, 000 30, 000 6, 000 ------6, 000 25, 000 3, 000 4, 000 98, 793 Ill. Trade promotion offices(otherthan home): A. United States: 1. Salaries ______None None None None None None 4, 200 None None 25, 200 2. Other expenses ______21, 000 ------None None None None None 10, 000 ------None 1, 200 None None 11, 200 B. Overseas : 1. Salaries ______None None None 14, 000 (3) 10, 000 ------None 16, 000 None 3, 000 43, 000 2. Other expenses ______None None None (4) 7, 000 None 4,800 None None 13,800 IV. Overseas trade missions ______2, 000 ------1, 300 None 2, 000 7, 500 12, 000 2, 000 ------None 613, 000 1, 500 tNone 39,300 V. Automobile rental and car allowances: New car furnished ______Yes No No No No No ------(8) (') No No ------Car allowance and maintenance ______900 2, 000 4, 950 3, 000 (7) 1, 000 ------·-- (8) (1) 2, 050 1, 350 15, 250 VI. Printing and advertising: A. Bulletins, circulars, brochures, and tariffs ______554 9, 000 8, 950 30, 000 26, 000 None 15, 000 4, 300 4, 500 110, 304 B. Advertising space ______12, 000 ------2, 641 6, 419 7, 500 35, 000 9, 800 3, 000 ------l, 500 25, 000 10, 500 10, 000 11, 360 C. Other(matches, pads, novelties,etc.) ______425 None None 10, 000 500 None------None (10) 800 1, 000 12, 725 Direct promotional total______------~- 42,313 67, 758 46, 650 161, 500 258, 250 102, 100 ------16, 500 215, 250 47, 650 68, 720 1, 026, 691 Footnotes at end of table. 14518 CONGRESSIONAL RECORD- SENATE June 2, 1969

TABLE X.-SURVEY OF UNITED STATES AND CANADIAN GREAT LAKES PORTS ON TRADE PROMOTION PROGRAMS, CALENDAR YEAR 1968-Continued

Chicago­ ( City and Erie Detroit Buffalo Cleveland Toledo Duluth regional) t Rochester Toronto Hamilton Milwaukee Total

VII. Miscellaneous: A. Subscriptions, books, and periodicals ______150 1, 035 150 2,000 2, 500 1, 000 ------200 3,000 200 1, 000 11, 235 B. Membership dues and fees ______496 1,482 300 2, 500 2,300 1, 000 ------1, 000 3,000 150 3,000 15, 228 C. Telegraph, telephone, and postage ______2,327 5,000 1, 650 3,000 12, 000 3, 000 ------2,000 6,000 2,400 3,000 40,377 D. Equipment rentals (other than autos) ______None None 600 None 250 None ------450 None None None 1,300 E. Special contract services, research, etc ______None None 10, 000 2,300 13, 700 None ------None (3) 6,000 None 32, 000 F. Official and promotional entertainment.. ______(8) None 400 l, 000 9,500 l, 500 ------None 8,950 2,000 4,000 27,850 G. Other __ ------­ None None 4,950 None None None ------None 8,000 1,500 None 14,450

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~- I ndirecttotaL ______------2, 973 7, 517 18, 050 10, 800 40, 250 3,650 28,950 12, 750 11, 000 142,440 ======6, 500 ------Grand totaL------45, 286 75, 275 64, 700 172, 300 298, 500 108, 600 ------20, 150 244, 200 60, 400 79, 720 1, 169, 131 Additional promotional expenditures (not budgeted on yearly VI r1~s~~ms :------A. Original production costs______None None 125 5,000 3, 500 6, 500 None ------30,000 6,500 22, 738 74,363 B. Distribution costs------None None None None (l) 1,000 None------(O) 100 100 1,200

1 No special funds allocated for trade promotion programs; Department of Economic Develop- s Included in 11. ment, State of lllino is, has established a seaport development department for this purpose. o Included in VII F. 2 See VII E. 10 Included in VI A.. 1 By contract u See VI c. ' Included in I. a Minimum. Source: Prepared by Robert K. Jorgensen, port traffic manager, board of harbor commiss:oners, 0 1968. Port of Milwaukee. r 11 cents per mile. at several Great Lakes ports en route. It a regulator of them. The Departments Of De­ tives to the St. Lawrence Sea.way System# would therefore behoove the Great Lakes fense and of Agriculture ship a considerable final report submitted to U.S. Department of ports to embark upon a unified campaign volume of cargo overseas; the future amount Transportation, January, 1969. promoting the Great Lakes as a transport of this government oo.rgo, and the share of it 8 Kates, Peat, and Marwick, as quoted in fac111ty. To make this need even more ob­ which is transported on the Great Lakes, will Committee on Canadian-American Studies, vious, it is only necessary to point out that oontriburt.e signl.fl.cantly to either the growth Writing on Canadian-Amencan Studies, the $1.2 million that the Por.t; of New York or the stagnation Of Great Lakes shipping. Michigan State University, 1968, pp. 71-91. spent on promotional expenditures in 1964 18 The sha.re of government cargo which Great 9 Battelle Memorial Institute, Market An­ is more than the 1968 expenditures of all the Lakes ports will handle depends on wha.t alysis Study of Container-Suitable Interna­ Great Lakes ports put together! action will be ta.ken to eliminate inequities tional Traffic at the Port of CleveZa:n4 to the CONCLUSION in the U.S. Cargo Preference Laws and in city of Cleveland, Columbus, Ohio, May 22, illiland ra.U freight rates as permitted under 1967. After a decade of operation of the St. Law­ present legisl~tion and regulation. 10 rence Seaway system, Great Lakes shipping Schenker, The Effects of ContainerizatiOn Certa.inly any of the gains that the Great on Great Lakes Ports, op. cit., Tables #2 and faces a tremendous potential. The future of general cargo traffic, the container revolu­ Lakes ports could realize from the alteration #18. of government statutes and regulations might 11 EBS Management Consultants, Inc., op. tion, and Great Lakes ports offer great prom­ be made pa.rtially at the expense of other cit., pp. 1-5. ise, but this promise cannot be realized until ports on the Atlantic, Gulf, and Pacific 11 some substantial obstacles are overcome. Otto Eckstein, Water Resource Develop­ coast.s. We therefore would expect, and· indeed ment, Harvard Press, Cambridge, Massachu­ One of the greatest problems now facing have seen, uni.fled opposition to changes in setts, 1958, p. 184. the Great Lakes is the declining level of pub­ the legal structure by other ports and rail­ 11 The st. Lawrence ·Sea.way Authority and lic investment. The nature of public invest­ roads. It would appear to be in the interest of ment ls a discontinuous one; projects are the St. Lawrence Seaway Development Corpo­ Great Lakes ports to lobby for favorable ation, Traffic Report of the St. Lawrence Sea­ undertaken and their results thoroughly legislative changes, much as rival ports and way, 1966, Table 6, p. 7. scrutinized before new projects are contem­ railroads have done. In addition to promoting plated. The future of Great Lakes shipping u Werner Viet, "The St. Lawrence Seaway their own interests in the halls of Congress, and the World Trade," The Torch, October, rests heavily upon the twinning of the locks it would behoove the Great Lakes ports to 1965, pp. 50-54. of the Welland Canal, the building of con­ unite in promotion of the Great Lakes as a lll tainer and other terminal facilities, perhaps Eric Schenker, The Port of Milwaukee, some extension of the Seaway system, and transport facllity. Effective pursuance of An Economic Review, University of Wiscon­ their common interests on the part of all sin, Chapters 2 and 9. other public projects. If the decline in pub­ 1 lic investment that we now observe is mere­ Great Lakes ports is a sine qua non for a • Wall Street Journal, December 7, 1964. ly a momentary pause in the flow of invest­ prosperous future of transportation on the ment funds, then it is possible that the po­ Great I.akes. tential of the Great Lakes ma.y yet be FOOTNOTES EXECUTIVE COMl\flJNICATIONS, reached; meanwhile, Atlantic, Gulf, e.nd Pa­ *Research for this paper was supported in ETC. cific coast ports continue to improve their part by the University of Wisconsin-Milwau­ port fac111ties at a rate far greater than that kee Sea Grant Program The PRESIDING OFFICER laid be­ of Great Lakes ports. If the decline in invest­ 1 Eric Schenker, Future General Cargo fore the Senate the following letters, ment improvements in Great Lakes ports' fa­ Traffic and Terminal Requirements at the which were referred as indicated: c111ties is not soon arrested and reversed, the Port of Milwaukee, Center for Great Lakes REPORT ON DONATION OF CERTAIN SURPLUS outlook for Great Lakes overseas transporta­ Studies, University of Wisconsin-Milwaukee, PROPERTY TO THE EAST CAROLINA CHAPTER, tion will be indeed bleak. Special Report No 5, September, 1968, p 3. INC., NATIONAL RAll.WAY HISTORICAL SO­ While it is necessary to look ahead to new 2 Eric Schenker, The Effects of Container­ CIETY investment poosib111ties, we must also focus ization on Great Lakes Ports, Center for A letter from the Under Secretary of the our attention on the repayment Of debts Great Lakes Studies, University of Wisconsin­ Navy, reporting, pursuant to law, the in­ incurred for previous projects, notably retire­ Milwaukee, Special Report No 2, February, tention of the Department of the Navy to ment of the bonded debt on the St. Lawrence 1968, p. 2. donate certain property to the East Caro­ Seaway. There is oonsiderable diS'agreemeut a A. Lyle King, "Port Operations and Plan­ lina Chapter, Inc., National Rlailway Histori­ over the sufficiency of present tolls to provide ning of Fac111ties for Container Handling," cal Society, Post Office Box 3096, Greenville, World Ports, adequate funds for debt retirement. There is May, 1967, p. 15. N.C. 27834; to the Committee on Armed still further disagreement over the effect o! a 'Schenker, The Effects of Containerization Services. toll increase upon total Seaway revenues and of Great Lakes Ports, op. cit., p. 4. the abiUty of the Seaway to meet its finanol.al 11 U.S. Army Engineer Division, North Cen­ PROPOSED FOREIGN ASSISTANCE ACT OF 1969 obligations. However, there is no doubt that tral Corps of Engineers, Great Lakes-Over­ A letter from the Acting Secretary, Depart­ higher Sea.way tolls would result in less traf­ seas General Cargo Traffic Analysis to Ac­ ment of Sta:te, transmitting a draft of pro­ fic through the Seaway than there would company Great Lakes Harbors Study, Chi­ posed legislation, to promote the foreign have been in the absence of the toll increase. cago, Illinois, 1967. policy, security, and general welfare of the In addition to being a builder of transport 1 EBS Management Consultants, Inc., An United States by assisting peoples of the facil1ties, the government is also a user and Economic Analysis of Improvement Alterna- world to achieve economic development June 2, 1969 CONGRESSIONAL RECORD- SENATE 14519 Within a framework of democratic, economic, By Mr. MONDALE: was submitted to the Truman Administra­ social, and political institutions, and for S. 2303. A bill for the relief of Mario Au­ tion. other purposes (with accompanying papers); gusto Roca; and Sec. 3 of this Act provides: to the Committee on Foreign Relations. S. 2304. A blll for the relief of Luis Arturo "SEC. 3. Guam is hereby declared to be an PROPOSED LEGISLATION TO AUTHORIZE APPRO- Espana; to the Committee on the Judiciary. unincorporated territory of the United PRIATIONS FOR EXPENSES OF THE OFFICE OF By Mr. MUNDT: States ..." INTERGOVERNMENTAL RELATIONS S.J. Res. 116. Joint resolution to authorize This language is substantially that of the appropriations for the expenses of the Presi­ Virgin Islands Organic Act (See 48 USC A letter from the Acting Director, Bureau dent's Council on Youth Opportunity; and 1541), and throughout the years, Guam and Of the Budget, transmitting a draft of pro­ S.J. Res. 117. Joint resolution to authorize the Virgin Islands have been deemed to be posed legislation to authorize appropriations appropriations for expenses of the Office of on a basis of equality, politically speaking. for expenses of the Office of Intergovern­ Intergovernmental Relations, and for other mental Relations, and for other purposes Yet, the realization recently has been purposes; to the Committee on Government brought home to us that the cited provision (With accompanying papers); to the Com­ Operations. mittee on Government Operations. of the Guam Organic Act has been repealed, (See the remarks of Mr. MUNDT when he in some substantial aspects, by Section PROPOSED LEGISLATION TO AUTHORIZE APPRO- introduced the above joint resolution, which 101 (2) of the 1962 Uniformed Services Pay PRIATIONS FOR EXPENSES OF THE PRESI­ appear under separate headings.) and Allowances Act (76 Stat. 451; 37 USC DENT'S COUNCIL ON YOUTH 0PPORTUNrrY 101). This Section states: "(2) 'possessions' A letter from the Acting Director, Bureau includes the Canal Zone, Guam, American of the Budget, transmitting a draft of pro­ S. 2302-INTRODUCTION OF A BILL Samoa, and the Guano islands." posed legislation to authorize appropriations TO CLARIFY THE STATUS OF This provision reduces the political status for expenses of the President's Council on GUAM WITH RESPECT TO PAY of Guam, With respect to the Pay and Allow­ Youth Opportunity (With accompanying AND ALLOWANCES OF MEMBERS ances Act at least, to that of the Guano is­ papers); to the Committee on Government OF THE UNIFORMED SERVICES lands despite the unequivocal declaration, in Operations. substantive language, in the Organic Act that REPORTS OF THE COMPTROLLER GENERAL Mr. JACKSON. Mr. President, I in- we are a territory of the United States. It is A letter from the Comptroller General of troduce a bill "To amend title 37, United perhaps significant to note that the status the United States, transmitting, pursuant States Code, so as to clarify the status of the Virgin Islands ls undisturbed by the to law, a report on the administration and of Guam with respect to pay and allow­ Pay and Allowances Act, and ls specifically effectiveness of the work experience and ances of members of the uniformed serv­ recognized in Sec. 305 of the Act relating to training project at the Gila River Indian ices." foreign duty pay. Reservation, Arizona, under title V of the Manifestly, it ls desirable that the Armed The very able Representative of the Services and the Armed Services Committees Economic Opportunity Act of 1964, Depart­ Territory of Guam, Mr. Antonio B. Won ment of Health, Education, and Welfare be aware of Guam's status as a "territory", (With an accompanying report); to the Com­ Pat, has brought to my attention that and therefore I ask that, on behalf of the mittee on Government Operations. section 101 (2) of the 1962 Uniformed people of Guam, you introduce legislation A letter from the Comptroller General of Services Pay and Allowances Act defines to amend the Uniformed Services Pay and the United States, transmitting, pursuant to Guam as a "possession." Of course, Guam Allowances Act by striking the word "Guam" law, a report on legislation needed to a.void is and has been since 1950 an unincor­ from the definition of "possessions" as set servicemen's beairing war-time mortality porated territory of the United States. forth in Section 101(2). For your conven­ costs under the Servicemen's Group Life In­ It would appear that the provision in the ience, I have taken the liberty of drafting surance Program, Veterans• Administration such an amendment, and respectfully sub­ (With an accompanying report); to the 1962 Uniformed Services Act relating to mit it to you herewith. Committee on Government Operations. Guam was an oversight. In order to clar­ Sincerely yours, A letter from the Comptroller General of ify the situation, Mr. Won Pat has re­ ANTONIO B. WON PAT. the United States, transmitting, pursuant to quested that I introduce amendatory law, a report on opportunities for reducing legislation. costs of hospitalization, medical services, and I ask unanimous consent that the let­ SENATE JOINT RESOLUTION 116- drugs provided to Federal employees for job­ ter addressed to me by Mr. Won Pat, INTRODUCTION OF JOINT RESO­ related disablements, Bureau of Employees' under date of April 23, 1969, be inserted Compensation, Department of Labor (with LUTION TO AUTHORIZE APPRO­ an accompanying report); to the Committee in the RECORD following my remarks. PRIATIONS FOR EXPENSES OF on Government Operations. The PRESIDING OFFICER. The bill THE PRESIDENT'S COUNCIL ON A letter from the Comptroller General of will be received and appropriately re­ YOUTH OPPORTUNITY the United States, transmitting, pursuant to ferred; and, without objection, the let­ Mr. MUNDT. Mr. President, I intro­ law, a report on the audit of the Export­ ter will be printed in the RECORD. duce a joint resolution to authorize ap­ Import Bank of the United States for the The bill (S. 2302) to amend title 37, fiscal year ended June 30, 1968 (With an ac­ propriations for expenses of the Presi­ United States Code, so as to clarify the dent's Council on Youth Opportunity. companying report); to the Committee on status of Guam with respect to pay and Government Operations. I ask unanimous consent to have allowances of members of the uniformed printed in the RECORD a letter on the sub­ PROPOSED LEGISLATION To AUTHORIZE APPRO­ services, introduced by Mr. JACKSON, was PRIATIONS FOR EXPENSES OF THE NATIONAL ject, together with a copy of the proposed received, read twice by its title, and re­ COUNCIL ON INDIAN OPPORTUNITY joint resolution. ferred to the Committee on Armed Serv­ A letter from the Acting Director, Bureau The PRESIDING OFFICER. The joint of the Budget, transmitting a draft of pro­ ices The letter, presented by Mr. JACKSON, resolution will be received and appro­ posed legislation to authorize appropriations riately referred; and, without objection for expenses Of the National Council on In­ follows: dian Opportunity (with accompanying pa­ the letter and joint resolution will be TERRrrORY OF GUAM, U.S.A., OFFICE printed in the RECORD. pers); to the Committee on Interior and In­ OF GUAM'S REPRESENTATIVE IN sular Affa.ks. WASHINGTON, The joint resolution (S.J. Res. 116) to Washington, D.C., April 23, 1969. authorize appropriations for the expenses Hon. HENRY M. JACKSON, of the President's Council on Youth Op­ BILLS AND JOINT RESOLUTIONS U.S. Senator, Senate Committee on Armed portunity, introduced by Mr. MUNDT, was INTRODUCED Service!, Old Senate Office Building, received, read twice by its title, referred Washington, D.C. to the Committee on Government Oper­ Bills and joint resolutions were intro­ DEAR SENATOR JACKSON: This letter is ad­ ations, and ordered to be printed in the duced, read the first time and, by unani­ dressed to you in your dual capacity of a RECORD, as follows: mous consent, the second time, and re­ ranking majority Member of the Armed Serv­ f erred as follows: ices Committee and Chairman of the Com­ S.J. RES. 116 mittee on Interior and Insular Affairs. The Resolved by the Senate and House of Rep­ By Mr. JACKSON: subject matter involves the political status S. 2302. A bill to amend title 37, United resentatives of the United States in Congress of Guam. assembled, That there ls hereby authorized to States Code, so as to clarify the status of As you know, in 1950 the 81st Congress en­ be appropriated such sums as may be neces­ Guam with respect to pay and allowances acted Public Law 630 (64 Stat. 384), the of members of the uniformed services; to sary for the expenses of the President's Coun­ Organic Act of Guam. The bill that became cil on Youth Opportunity, established by Ex­ the Committee on Armed Services. the law was worked out in the Senate In­ ecutive Order No. 11330 of March 5, 1967. (See the remarks of Mr. JACKSON when terior Committee on large measure by Sena­ he introduced the above bill, which appear tor Anderson, who headed an ad hoc subcom­ The material presented by Mr. MUNDT under a separate heading.) mittee to consider the Organic Act bill which follows:

EXTENSIONS OF REMARKS

NEW EEOC CHAIRMAN SUPPORTS dentally, will be absolutely necessary of being upgraded. This is an area of prime INCREASED POWERS TO ENFORCE when the Commission gets "cease and concern to me." CIVIL RIGHTS LAWS desist" powers. His views were the sub­ Mr. Brown, now the holder of a $38,000-a­ ject of a very informative article in the year post, may have been recalling his own father who has worked as an elevator opera­ HON. AUGUSTUS F. HAWKINS Christian Science Monitor of May 21, tor and starter in a Philadelphia depart­ OF CALIFORNIA which I include in the RECORD so that it ment store for most of the past 40 years. will be available to all concerned. The IN THE HOUSE OF REPRESENTATIVES "So many times," he observed, "the busi­ article follows : nesses are willing to employ people at entry­ Monday, June 2, 1969 JOB BIAS CHIEF SETS Rl:Gm GUIDES level positions. But as you move up the (By Lya Shepard) ladder to skilled and white-collar positions, Mr. HAWKINS. Mr. Speaker, equal the percentage of minority workers drops otr opportunity for all Americans is a goal WASHINGTON.-If the public can expect dramatically.'' with which I am greatly concerned. Dur­ anything from William Hill Brown ill, the In its controversial Los Angeles hearings ing this and the preceding Congress I slender, soft-spoken Philadelphia lawyer in­ sists, it is that "the law is going to be en­ this March, the EEOC found what Mr. Brown have introduced legislation to remedy a forced-vigorously and fairly." terms "horrendous examples" of such black salient weakness in Federal civil rights ceilings in the areospace and filmm.aking in­ That sort of assurance hardly makes news dustries. law-the inability of the Equal Employ­ when uttered by most federal agency heads. ment Opportunity Commission to en­ But the case of Mr. Brown is special. BARRIERS DEPLORED force its decisions. The onetime postman and taxicab driver During these hearings even the mild-man­ There is a pressing need for this legis­ has just replaced tough-talking Clifford L. nered Mr. Brown joined Mr. Alexander and lation. Millions of our citizens still suffer Alexander Jr. as chairman of the embattled Commissioner Vicente T. Ximenes in deplor­ under discriminatory employment prac­ Equal Employment Opportunity Commission. ing the barriers facing blacks and Mexican­ Mr. Alexander, target of Senate conserva­ Americans. tices that while prohibited, manage to tives over alleged "harassment" of business­ "If you think you've done a good job," he survive because the relevant law has no men, never minced words in attacking job scolded one television network spokesman, teeth. As a result. these people see the bias to which minority workers were sub­ "then not only ABC but the country is in Federal commitment to equal opportu­ jected. bad shape." nity as empty, surely not a healthy situa­ By contrast, the man tapped by President Last week in a Denver speech before elec­ tion in a democratic society. Nixon to head the five-member EEOC lacks trical-power executives, the new EEOC chair­ Hopefully, a meaningful law will be the outgoing Democrat's fiery style, but not man charged that the industry was "the passed. In the meantime, we have been his fervor for civil-rights causes. worst employer of minorities of any industry During an interview in his 12th-floor of­ grouping." assured that the limited powers present­ fice near the White House, Mr. Brown indi­ The same accusation was leveled a year ago. ly available to EEOC will be vigorously cated that his sense of EEOC priorities is Since then, Mr. Brown said, "we have seen implemented. William H. Brown m, very much in line with that of Commissioner more motion than action by most of you, and the new EEOC Chairman, has forcefully Alexander. I am not disposed to see another such year indicated that despite recent political "Too many times people in business have go by." rumblings by some Members of Congress, tended to equate the idea of hiring hardcore Though Mr. Brown is a Republican ( ap­ he does not intend to soft-pedal the [unemployed) workers with "equal employ­ pointed to the EEOC by President Johnson), Commission's efforts. This is as it should ment,' " he said, gazing through a window Sen. Everett McKinley Dirksen (R) of Illinois at the Potomac and the faraway hills of sought at first to block his confirmation. A be. Virginia. meeting between the two men arranged by Mr. Brown's personal style combines "They've forgotten about the many, many Sen. Hugh Scott (R) of Pennsylvania man­ the diplomatic and legal arts that are thousands-if not the millions-who have aged to persuade the GOP floor leader to suitable to· his position, and not inci- been employed steadily at jobs without hope relent.