November 20, 1974 EXTENSIONS OF R~EMARK.S 36775 stand in adjournment until the hour of able president of the Export-Import ing activities almost without limit while the 12 noon tomorrow. Bank, Mr. Casey. American taxpayer is unable to get financing for his home or his business. The PRESIDING OFFICER. Without I think he is an excellent man, and I At the appropriate time, we shall move to objection, it is so ordered. am pleased to work with him. We have a reject the conference report and send it back difference of view on some of these mat­ to committee for revision. ters pertaining to Export-Import Bank; Rejecion of the conference report will not ORDER FOR THE TRANSACTION OF but so far as the Senator from Virginia close down the Bank. It will only restrict ROUTINE MORNING BUSINESS TO­ is concerned, the item I am particularly major new transactions until Congress takes MORROW interested in is putting a ceiling on the further action to insure that the Bank oper­ amount of loans that may be made to ates in the national interest. Mr. ROBERT C. BYRD. Mr. President, We urge your support in voting down the I ask unanimous consent that after the Russia. Mr. Casey, the president of the Export-Import Bank Conference Report. two leaders or their designees have been bank, if I judge him accurately, does not Sincerely, recognized under the standing order to­ want a blank check, but it is the State HARRY F. BYRD, Jr., morrow, there be a period for the trans­ Department that has insisted upon a JAMES B. ALLEN, action of routine morning business, not blank check. RICHARD S. SCHWEIKER, to extend beyond the hour of 12:30 p.m., Mr. President, I ask unanimous con­ WILLIAM PROXMIRE, with statements limited therein to 5 sent to have printed in the RECORD the HOWARD W. CANNON. / minutes each. revised letter written by he five Senators The PRESIDING OFFICER. Without I mentioned. PROGRAM objection, it is so ordered. There being no objection, the letter was ordered to be printed in the RECORD, Mr. ROBERT C. BYRD. Mr. President, as follows: the Senate will convene at the hour of EXPORT-IMPORT BANK U.S. SENATE, 12 o'clock noon tomorrow. After the two CONFERENCE REPORT Washington, D.O., Nov. 15, 1974. leaders or their designees have been rec­ DEAR COLLEAGUE! We intend to move to ognized under the standing order, there Mr. HARRY F. BYRD, JR. Mr. Presi­ reject the Export-Import Bank conference will be the period for the transaction of dent, on November 15, a letter was sent report when it comes before the Senate routine morning business of not to ex­ to the Members of the Senate dealing shortly after Congress reconvenes. tend beyond the hour of 12:30 p.m. with the Export-Import Bank confer­ The conference report nullifies every major Statements made during that period for ence report. This letter was signed by the Senate action to strengthen Congressional the transaction of routine morning Senator from Virginia, by the Senator overight of the Bank's activities and paves the way for an immediate multi-blllion dol­ business will be limited to 5 minutes from Alabama

EXTENSIONS OF REMARKS INTERNATIONAL FEDERATION OF ations is meeting in Washington, D.C. Mr. Speaker, as chairman of the House LffiRARY ASSOCIATIONS this week, and over 900 delegates from Select Subcommittee on Education, some 70 countries of the world are at­ which has jurisdiction over our Nation's tending. Federal library programs, I wish to ex­ HON. JOHN BRADEMAS The International Federation of Li­ tend a special welcome to the delegates OF INDIANA brary Associations is an international from other nations attending this 40th IN THE HOUSE OF REPRESENTATIVES nongovernmental organization, having General Council Meeting of the Inter­ consultative status with UNESCO, work­ national Federation of Library Associa­ Tuesday, November 19, 1974 ing in 88 countries through its 120 mem­ tions. Mr. BRADEMAS. Mr. Speaker, the In­ ber-associations and 450 member-li­ It is :fitting at this time to note that ternational Federation of Library Associ- braries. there is pending on the House calendar 36776 EXTENSIONS OF REMARKS November 20, 1974 I a bill calling for a White House Confer­ national level is among the press, who caused by lnflation of prices and interest ence on Library and Information Serv­ are now reporting a 6-percent unem­ rates and by the recession of revenues. I also directed our Budget people to review ices in 1977-Senate Joint Resolution 40. ployment rate, and the President's ad­ all departmental spending and recommend This measure must be expeditiously en­ visers, who are now admitting that we areas where new cutbacks could be made in acted into law before the 93d Congress are indeed in a recession. The unemploy­ a budget which is already tight as a drum. adjourns so that plans at the State and ment and in:fiation problem is being If economic conditions do not improve I local level can begin. Senate Joint Res­ treated here in Washington as any other am sure that I will have to institute new olution 40 authorizes conferences on Li­ political fad. Many words and much eutbacks which will mean not only munici­ brary and information services at the literature have been traded back and pal job losses, but also some damage to our State level in the years preceding the forth; but now that the moment for neighborhoods which will not get as many 1977 conference at the national level. action has arrived. What action do we municipal se1·vtces as had been budgeted. New York City is not alone in being forced Mr. Speaker, I would like to emphasize see either from this body or from the into this position, nor was it alone in devel­ that Senate Joint Resolution 40 has Executive? oping tight budgets for the current fiscal strong bipartisan support, for President I would like to submit the following re­ year. Ford, himself, last year, during his serv· marks by New York City's Mayor I would like to call your attention to the ice in the House as minority leader, in­ Abraham Beame to remind my col­ fact that many of us had drastically re­ troduced legislation calling for this leagues that the question of the economic duced departmental spending requests be­ White House Conference. status of our Nation is now the basic fore we drew up our budgets and made the politically undesirable decision to raise taxes. In conclusion, Mr. Speaker, I would question of the solvency or bankruptcy We did this in the face of not being able to like to insert in the RECORD, President of our cities, and the life or death of the anticipate additional Federal and State aid. Ford's special greetings to the IFLA del­ people in them. Mr. Beame reminds us In the ca.se of New York City, the original egates. In this message the President that there is very little point in talking gap between income and projected spending emphasizes once again, just as he did about extending or increasing city serv­ was close to $1.5 billion, when I assumed when he sponsored legislation calling for ices for those people in special need of office in January. Over the weeks and months, a White House Conference on libraries, them. Barely able the cost increases in we reduced that to an irreducible $800 mil­ the importance of libraries to progress those basic areas of operation; interest lion gap. Then, we were faced with the need to bite the bullet. among nations. As chairman of the Se­ rates, power and light expenditures, and It would have been irresponsiblt> to fire lect Subcommittee on Education, I par­ public assistance outlays, $800-mlllion worth of City employees, and it ticularly welcome this indication of sup­ The remarks follow: would have been irresponsible to borrow that port for libraries coming from the new REMARKS BY MAYOR ABRAHAM D. BEAME entire amount. Similarly, it would have been administration. Thank you for this opportunity to express irresponsible to impose $800 million worth President Ford told the IFLA dele­ our ideas about the Impact of inflation on of new taxes. gates: local and state governments. So, we came up with a balanced package of all three options: we laid o:ff 2,500 em­ Libraries a1·e recognized throughout the All of us here hope that our ideas will prove helpful to the President in solving the ployees, eliminated 1,250 vacant budget lines, world as indispensable repositories of knowl­ and imposed a partial vacancy freeze te> re­ edge, art and wisdom. The rapid growth of nation's Number One problem right now. Some of New York City's prol':>lems are duce staffing levels of various agencies by an new knowledge tn today's world and the additional 8,000 positions during the course need to make this information readily avail­ unique, precisely because we are the na­ tion's largest city. But, other problems of of the year; we borrowed $500 million; and, able heighten the importance of interna­ we increased the sales tax by one more cent tional communications. New York City are also experienced by al­ most every other urban center in the coun· on the dollar to 8%, imposed a new auto use Mr. Speaker, the President's state­ try. The biggest shared problems are asso­ tax, and increased our real estate tax. ment follows: ciated with the current inflation-recession. Other Mayors also performed such dis­ THE WHITE HOUSE, This is a peculiar kind of inflation of tasteful chores, and I cite them only to show Washington, D.C., November 11,1974. prices, wages and interest rates, accompanied that our cities have already taken many steps It is a pleasure for me to greet the partici­ by declining employment, production, and to meet the new economic challenges. pants in the Fortieth General Council Meet­ in some cases, consumer demand. We plead now for Federal cooperation, be­ ing of the International Federation of Li­ Right now, among the problems we share cause the size of this 1nflation and accom­ brary Associations. I wholeheartedly wel­ with other cities are out-of-sight increases in panying recession is now beyond the form come you to the United States and to our the interest rates we have to pay for our of national assistance to local governments. Nation's Capital, and I hope tha;t your visit borrowings. We respectfully suggest the following: here wtll be a very pleasant one. All of us have been hit by tremendous in­ 1. Selectively expand credit for local gov­ Libraries are recognized throughout the creases in our fuel, power and commodity ernments, the ce>nstructlon industry and world as indiSpensable repositories of knowl­ costs-as well as by boost ln welfare and small businesses. edge, art and wisdom. The rapid growth of medical care loads-facts which have quite A gradual and selective expansion of credit new knowledge in today's world and the 11 tera.lly pushed some Mayors out of their will not aggravate the inflation. Rather, it will need to make this inforlnation readily avail­ budget bounds. help depressed segments e>f the economy, like able heighten the importance of interna­ Finally, many of us have felt the reces­ the construction industry and small bust­ tional communications. The IFLA has an sionary part of this inflation ln the form of ness, while at the same time, stabilize the enviable record of accomplishment in fur­ revenue shortfalls. Instead of getting more shaky budgets of many of our large cities. thering this kind of understanding and co­ revenues because of the inflation, we are To help local governments in this mat­ operation in its profession. getting less than we had expected and had ter, we suggest the establishment of a Fed­ I know that your deliberations at this ses­ incorporated into our budgets. eral Municipal Financing Agency to purchase sion wtll stimulate new programs and sig­ In the case of New York City. less than state and city bonds and notes at favorable nificant progress ln existing ones. You have three months into the new fiscal year, we rates for local governments. It should be my very best wishes for a most productive project a deficit e>f $104 million directly at­ created with appropriate safeguards to pre· conference. tributable to unprecedented increases in in­ serve the rights of local governments to de­ GERALD R. FoRD. terest costs, another deficit of $53 million termine their priorities in meeting capital because of light and power cost increases, needs. and a $33 million deficit attributable to in­ To help the private sector, the Federal Re­ creased costs of public assistance and Med­ serve Board should allocate a portion of icaid--an increase chargeable to the high un­ available credit to the housing industry. WHAT INFLATION MEANS TO THE employment rate in New York City. Furthermore, adequate additional Federal CITIES This is a total of $190 million in costs funds for housing rehabilitation, and new more than we had estimated when we drew housing funds should be provided. up our budget-increases which could not To further help the sagging construction HON. CHARLES B. RANGEL have been foreseen at the time. industry, as well as small business, there But, that's only one side of our balance should be increased funds for economic de­ OF NEW YORK sheet. The picture on the other side-the velopment assistance for commercial site IN THE HOUSE OF REPRESENTATIVES revenue side-is just as gloomy. In spite of development and construction and also for Tuesday, November 19, 1974 the inflation, revenues from our business in­ new equipment. come taxes, stock transfer, and other taxes 2. Accelerate Federal aid payments to Mr. RANGEL. Mr. Speaker, with Mr. are down from our budget projections. At state and local governments, thus reducing Ford's economic conference and the an­ the present time, the revenue shortfall may the need to go into the short-term money nouncement of his 10-point economic run into scores of millions. market in anticipation of such receivables. plan long since past, the only dialog on Ten day::; a.go, I told the people of the The Federal government could consider the economic problem going on at the City of NeVI• York about the deficits being transmitting its aid <1n a monthly install- November 20, 1974 EXTENSIONS OF REMARKS 36777 ment basis in this fashion: Pool all antici­ for New York City and Newark and other integrity and purchasing power of the pated Federal aid to a particular city in an large cities with much higher unemployment dollar will have to work that much upcoming fiscal year; take 9Q% of the total rates. harder for our point of view but we will and divide it by twelve in OJ;"der to arrive at New York City's unemployment rate is a monthly installment; the remaining 10% 7.5 % in the ghetto areas, it is much higher; need the help and cooperation of parents would be used to make the proper adjust­ in our construction trades, it is estimated and the educational community in our ments after the fiscal year is over. to be more than 20%. efforts to show these young people the In the case of New York City, as of June In order to avoid more and higher welfare potential dangers that could arise from 30th, we still have not received $484 million and unemployment costs, which increase the philosophy expressed in the poll re­ of the Federal aid to which we were entitled, Federal expenditures and decrease Federal sults. ;:!>120 mlllion of which we actually should revenues, we need Federal assistance for such I include the text of the editorial to be have received during the prior fiscal year of things as job development, housing produc­ plsced in the RECORD at this point: 1972-1973. In addition to delays during any tion, and an expansion of the Federal pro­ :fiscal year, usually more than 20% of our gram to create public service jobs in high PAYING THE PIPER Federal funding is delayed into the next fis­ unemployment areas. (By Howard Flleger) cal year. The society can make good use of new Some further thoughts about the matter This untimely transmission of Federal aid professional, para-professional, technical, of restraint and self-disclipline- 1s inflationary, because it forces us into the clerical and other semi-skilled jobs. They are, of course, essential ingredients in money market, unnecessarily driving up in­ 5. Consider selective tax increases to meet President Ford's "Whip Inflation Now" cru­ terest rates because of our competing de­ part of the cost of these efforts. sade. In fact, he has urged individual moder­ mands for temporary borrowed funds. Nobody likes to talk about tax increases, ation to the point where some economists 3. Stabilize local mass transit fares as an and I am no exception. But, once again, I and business experts worry that, if he isn't anti-inflationary measure. must call your attention to the fact that careful, he might talk America into hard As you know, Mayors of our cities, along many Mayors have, this year, done their dis­ times. with business and labor leaders, are working tasteful job of imposing new taxes on their But the President's campaign is up against together in a national caucus to convince the already overburdened populations, despite another factor that many older citizens tend Federal government that increases in local dwindling tax bases. to overlook. It is the attitudes of the on­ mass transit fares would be highly inflation­ We have already acted in this fight to beat coming generations-teen-agers of the pres­ ary. the national inflation. Now, we feel tha.t the ent and the younger adults who are just The pending $11-Billion mass transit blll Federal government should do its pa.rt in getting started in their careers. will not prevent significant transit fare in­ providing additional revenues to local gov­ In that connection, a current survey of creases in various parts of the country. These ernments and to pay for these through Fed­ young people made by the Rand Youth Poll­ fare increases would have a chain-lightning eral revenue raisers. which has monitored trends among those in effect throughout our economy. Selective tax increases might be consid­ their teens, college students and young mar­ The Bureau of Labor Statistics estimates ered-for example, an excess profits tax, re­ ried couples for 22 years-is worth attention. that transit fares across the nation account imposition of excise taxes on luxury items, Almost three in four-72 percent of the for 1% of the Consumer Price Index. A and increasing the taxation on upper-income teen-agers polled~regard high spending as 50% increase in fares across the country levels. something that is actually good for the would cause a 0.5 % increase in the Price 6. Reevaluate Federal spending in other country. They see no reason for stinting so Index. areas and consider cutbacks which will long as they have the means to buy. Such an increase would trigger an auto­ neither result in large-scale unemployment Of those polled, 78 percent consider them­ matic expansion in the Federal Budget of in any sector of the country, nor impose new selves and their friends wasteful, but it does almost $350 mlllion annually because of the burdens on local governments. not seem to bother them; 74 percent say the escalator clauses, which are tied into the I think thalt the defense establishment subject of thrift is seldom referred to in their consumer Price Index, of the Social Security should be included in the re-evaluation of homes or schools; 64 percent of them do not law, and of Federal military, civilian and the Feder.al budget. I recognize that the de­ look upon conservation and thrift as matters postal worker agreements. This is in addi­ fense budget has been cut, that it takes a of much importance. tion to the hikes in the Federal Budget smaller percentage of the Federa.l budget Such reactions are not particularly sur­ mandated by escalator clauses in defense than before, and tha.t inflation has also made prising when you stop to consider that the and other contracts. These increases would the Pentagon dollar smaller. average annual per capita spending among then become a permanent drain on the Fed­ Nevertheless, I believe that further cut­ teen-agers has gone up from $278 in 1950 to eral budget. backs can be made in an $82 billion defense more than $800 estimated for 1974. It 1s obvious that higher transit fares budget without jeopardizing our security. Eighty-six percent of the teen-agers in­ would have a similar inflationary impact in We stlll have an overklll capacity. Moreover, cluded in the survey (which, by the way, was the private sector of our economy. good management practices, which have a. nationwide sampling) feel that a higher At our request, private economists drew been instituted in the Defense Department, and higher standard of living-which most up economic models to determine whether can further reduce existing inefficiencies and define as more and more possessions-is a Federal operating subsidies for local mass thus create savings. primary goal of the American system. transit would have inflationary effects. Their Thank you, again, for this privilege. The Sixty-three percent consider disruptions study shows that, far from increasing the Mayors and Governors and local legislators in the production of goods and dislocations inflation nationally, such subsidies would are willing to cooperate, and we look to the in supply and demand as temporary. They actually provide a minor decrease in infla­ Federal government to help. do not believe there are serious shortages in tion. the U.S. Of those interviewed, 83 percent say Fare increases will push more mass transit they have always regarded the nation's nat­ users into their automobiles. Stabilized mass ural resources as inexhaustible. transit fares, however, wlll keep them on the Nearly all of those surveyed know some­ subways and buses. Since mass transit is a PAYING THE PIPER thing about the depression years of the '30s. much more efficient way of moving people But 62 percent are convinced it can never from place to place than the automobile, happen again. They speak of such built-in precious energy resources would be con­ HON. ROBERT H. MICHEL "stabilizers" as Social Security, unemploy­ served, and the tendency of petroleum and OF n.LINOIS ment compensation and insured bank ac­ gasoline prices to go up would be dampened. IN THE HOUSE OF REPRESENTATIVES counts. Finally, if fewer cars are on the road in Tuesday, November 19, 1974 In explaining why they don't put much large cities, we have an environmental plus stock ill saving money, 54 percent cite the with less pollution and eventually less ex­ Mr. MICHEL. Mr. Speaker, an editorial large number of Government and private penditures to clean up the environment. appearing in the November 18, 1974 issue pension systems, profit sharing by com­ 4. Increase local public employment op­ of U.S. News & World Report echoes a panies and health programs as assurance that portunities as a way to reduce unemploy­ their retirement yea.rs have been comfortably ment In those cities which are experiencing refrain I have heard time and time again provided for. high unemployment rates. from concerned parents in moving Analyzing his figures, the president of the I think we have seen that high unemploy­ around my congressional district. Youth Poll, Lester Rand, concluded: ment rates in certain areas of the country The editorial reports the results of a "Thrift as a virtue went out of style among are not going to depress prices and costs. recent Rand youth poll and the attitudes We should not be taking the position that this nation's youth as the spending booms of young people toward the .concepts of of the '50s, '60s and early '70s accelerated. The more unemployment wlll stop inflation. ~hrift and conservation. Needless to say, The problem with such a philosophy is old proverb, 'a penny saved is a penny earned' that unemployment is not spread out evenly It does not present a very encouraging has been completely outmoded. through the country. To point to the na­ picture. "Young people easily justify their over-all tional unemployment rate of 5.4 % and say It is clear that those of us who do place wastefulness by claiming that it contributes that the country could stand a little more ourselves in the conservative spectrum to great er consumption and therefore bene­ nnemployment does absolutely nothing good and are concerned about maintaining the fits the economy as a whole." CXX--2318-Part 27 36778 EXTENSIONS OF REMARKS November 20, 1974 In the affluent days before the Great De­ mediately; those parents who didn't have diet, Helen Gaydos Murray and Millie pression, a distinguished American poet, the the. money to even make a ®tly visit to the Gaydos Barry, aU sports; Andrew Toth, late Conrad Aiken, wrote: county hospital by public transportation; parents who had to borrow to buy burial humanitarian; Herman Levine, sponsor­ All lovely things will have an ending, space and a cheap casket. ship; Morris "Mushy" Gerendash, pro­ All lovely things wm fade and die, They become the statistics of urban sociol­ moter; Eddie Rack, golf; Dan Kelly, soc­ And youth, that's now so bravely spending, ogy while the killer is humanized. cer; Duane Dowden, swimming; John Will beg a penny by and by. At the same time there has been estab­ "Dink" Ulm, cartoonist; Bobby Lloyd and Subsequent developments gave his words lished a perverted system of assessing the Dominick "Cookie" Donato, softball; the ring of prophecy at the time they were seriousness of ghetto-related murders. Even Jules "Pro" Micklo, organizer, and Rudy written. Now the results of the Rand Poll in the eyes of some black spokesmen, the life Wheaton, bowling. suggest that in the minds of many young of a black person murdered by a white per­ people the prophetic verse has become hollow. son-particularly a cop-suddenly becomes Joe Odorcich District 15, U.S.W.A. They seem to be convinced that the piper more valuable than a person killed by a Awards-George "Pete" Goshio, all has been paid in full, and in advance. black. sports; Sam "Apples" Clay, football; Bill By the same token, there are white citizens Callaway, basketball; Joe "Goofer" Vuk­ who become disturbed by the "viciousness" manic, official; Russ Hoffman, football of a murder of a white by a black gunman and softball; John Sullivan, promoter; but are not truly disturbed when a white Tom Manning, sponsor; Pete Damarsky, RISING CRIME RATE truck driver is murdered by a fellow white trucker in a union strike dispute. mushball; Stan Ukasik, baseball; Joe And in other fuzzy minds, the seriousness Lupo, youth recreation; Wilburt "Webby" HON. EDWARD J. DERWINSKI of an assault depends upon the social status Klein, softball; John "Honus" Lux, bowl­ OF n.LINOIS of the victim. I have heard self-appointed ing, and Dave Cullen, sportsman. IN THE HOUSE OF REPRESENTATIVES analysts of the ghetto speak lightly of crim­ Julius J. Lenart High School Awards­ inal acts if the perpetrator is poor and the Dave Farina, baseball and basketball; Tuesday, November 19, 1974 victim lives in a middle-class neighborhood. Mark Yazwa, baseball and football; Rich Mr. DERWINSKI. Mr. Speaker, the These distorted assessments of murder run Hofstetter, swimming; Joseph Gaydos public is justifiably concerned and counter to the black tradition. Despite what the mythmakers write and say, the black Congressional Award-Elroy Face, for­ frustrated over the rising crime rate and tradition is one of resistance to destruction­ mer ace relief pitcher for the Pittsburg the difficulties that the police face in particularly self-destruction. That resistance Pirates; Al Duffy Daily News Baseball defending the innocent person from can be traced to a preoccupation with the League Award-Neal Mechling; Merrill criminal attack. threat of racial extinction which forever pre­ Granger American Legion Baseball During the recess, columnist Vernon sented itself in a multiplicity of forms, in­ Award-Dave Farina; Ellis Morgan Spe­ Jarrett of the Chicago Tribune very cluding poverty. cial Award-Gerella's Gorillas, fan club properly analyzed this subject of urban But since poverty, like illiteracy, was so for Roy Gerena, star placement kicker widespread among blacks, it was not accepted crime in his penetrating article of Octo­ as an excuse for self-destruction. for the Pittsburgh Steelers; Mike New­ ber 23. The column follows: As a Southern-reared black youth I recall man McKeesport Boy's League Award­ You CAN'T JUSTIFY CRIME OF MURDER vividly how black people reacted to death­ Danny Wertz, and M.A.S.A. Golden Quill (By Vernon Jarrett) especially untimely and senseless deaths. Award-Thomas D. Mansfield, publisher I don't care how poor, or how uneducated, Blacks could accept death and rationalize of the Daily News. or how ill-housed the murderer may be, its value. But one thing they never ra­ Mr. Speaker, it is with great pleasure society must never accept poverty or func­ tionalized or fot·gave: murder, anybody's I call the athletic achievements of these tional illiteracy as a justification for the murder. gentlemen to the attention of my col­ willful, callous slaying of innocent people. I do not choose to reject that tradition. It is needed now more than ever. leagues in the Congress of the United Underscore that word "justification" be­ States: cause what may begin as a sensitive, logical, humane explanation of a crime-producing situation often concludes as a tacit approval of murder. THIRD UNITED NATIONS CONFER­ ATHLETES HONORED BY ENCE ON THE LAW OF THE SEA I feel deeply and resentful about that sort McKEESPORT GROUP of confused "socioeconomic analysis" be­ cause I have witnessed too many instances where the murderer is given more sympathy HON. JOSEPH M. GAYDOS HON. LEE METCALF and understanding than his bl'Utalized vic­ OF :MONTANA OF PENNSYLVANIA tim. IN THE SENATE OF THE UNITED STATES This is, indeed, a strange phenomenon. IN THE HOUSE OF REPRESENTATIVES Wednesday, November 20, 1974 For an example, a black teen-age product of Wednesday, November 20, 1974 the ghetto can take a gun and blow a hole Mr. METCALF. Mr. President, as our thru the head of a black father, mother, or Mr. GAYDOS. Mr. Speaker, each year representatives prepare for the second child-also a product of the ghetto-ana he a McKeesport organization honors select­ immediately finds that he has friends from session of the Third United Nations Con­ ed individuals for their contribution to ference on the Law of the Sea, which the upper strata of society. the world of sports. The testimonial, Not only will the brutality of his crime convenes in Geneva on March 17, we become atomized and lost in the ozone of sponsored by the McKeesport Athletic should note that a single thread runs social analysis, the criminal may find that Sports Association, is one of the most through preparatory meetings and the watchdog committees may be formed to in­ popular community events in the area first session in Caracas this past sum­ sist that he and others like him get fair for it gives the stars of yesteryear an mer. treatment should he be imprisoned. opportunity to renew old friendships in And more than likely. somewhere there is an evening of fellowship. That thread is that mobility of our a group of "concerned citizens" who will help I was privileged to be one of the guest defense forces is our No. 1 priority as arrange for him to get an early parole and speakers at the 1974 banquet, sharing the we negotiate with other nations on the a speedy rehabilitation, and maybe a good program with McKeesport Mayor John broad question: Who owns, or is re­ job-in some instances drawing salaries Pribanic; Richard Bowen, McKeesport sponsible for, two-thirds of Earth, the higher than those of equal competence who oceans, and the land beneath? never killed a fly. High School football coach; Samuel R. I'm all for fair and humane treatment for Vidnovic and Steve Lesko, toastmasters, That mobility is our No. 1 priority is prisoners, and I consider rehabilitation pro­ and Father Robert Pietrzynski, pastor of a matter of record. At page A30 of the grams a must. I contribute to and shall Our Lady of Perpetual Help Church in Washington Post of August 30, 1974, the continue to participate in special educational Natrona, Pa. chief of our negotiating team, U.S. Spe­ programs for prisoners. Honored by M.A.S.A. for 1974 were: cial Ambassador John R. Stevenson, was But I think it remarkable that I rarely quoted as saying: find any committees formed or any programs McKeesport National Bank Awards­ Howard "Paddy" Peckman, Eugene The No. 1 priority is the mobility of our designed to help the victim of criminal as­ naval and air forces and the importance of sault and murder. "Lefty" Hollar, Nick Butcher and Robert retaining our nuclear deterrent. However, I have heard many reports on Ludwick, baseball; Joe Bazzone and the plight of parents whose children were Chuck "Irish" McLaughlin, boxing; Wil­ Mr. President, I ask unanimous con­ assassinated in street gang warfare; parents liam Laughlin, Vic Dietrich and Bob sent that this newsstory be printed in of maimed child victims who didn't die im- Ward, football; George "Ganzy" Bene- the RECORD. November 2'0, 1974 EXTENSIONS OF REMARKS 36779 There being no objection, the news .. We certainly did not come to Caracas ex­ tion to immediate passage of S. 1988 ex­ story was ordered to be printed in the pecting to go back with a signed treaty," said pressed by the Departments of State and Tanzania's J. S. Warioba, expressing the feel­ Defense. Information for this statement is RECORD, as follows: ing of many delegates, "But we had certainly restricted to unclassified material immedi­ SEA-LAW CONFERENCE CLOSES IN DEADLOCK come expecting to achieve more than we ately available to the public, e.g., the SIPRI (By John Virtue) have." Yearbook of World Armaments published by CARACAS, August 29.-The third U.N. Sea­ Amerasinghe cautioned the nations against the Stockholm International Peace Research Law Conference ended in deadlock today and taking any unilateral action before a treaty Institute, Jane's Fighting Ships, 1973-74, the conference president said there was little is negotiated. In thus, he echoed Stevenson, Janes Weapons System's 1972-73 and the hope of drafting a new treaty governing the who warned that any extension of U.S. fish­ annual Military Balances, published by the use of the sea at a follow-up spring session ing limits by the Senate could touch off uni­ International Institute of Strategic Studies. in Geneva. lateral action by other nations. Speciflq rebuttal to certain Defense Depart­ Conference President Hamilton S. Amera­ There are several bills in Congress to ex­ ment arguments relies heavily on a recent singhe of Sri Lanka indicated that as many tend the fishing limit to 200 miles, a concept article by Dr. Robert E. Osgood, Dean of as three more sessions might be needed by officially opposed by the United States at Johns Hopkins School of Advanced Interna­ the 148 participating nations to obtain a the conference. tional Studies in Washington, D.C. entitled signed treaty in 1975. Ecuador and Pe·ru, the hardliners among . "U.S. Security Interests and Ocean Law" "There has so far been no agreement on the developing nations, claimed a 200-mile published in Ocean Development and In­ any final text on any single subject or issue," limit in 1952, touching off the "tuna war" ternational Law, the Journal of Marine Af­ Amerasinghe said in closing the conference, with the United States. Some 200 U.S. fishing fairs, Volume II, No. 1, Spring, 1974. Specific which ended its 10-week session deadlocked trawlers, most of them from San Diego, have comments with regard to State Department on the four key issues needed for a treaty been seized during the past 10 years in the arguments draw heavily on an article by to replace the current 17th-century sea code. disputed waters. David C. Loring entitled "The United States­ "I am convinced, given the best will in The two South American nations said their Peruvian Fisheries Dispute" which appeared the world, it will be physically impossible for claim was simply an extension of the Tru­ in the Stanford Law Review, Volume XXIII, us to finish the drafting of the treaty by the man Doctrine, under which the United States February, 1971. For the purposes of this dis­ end of the spring session in 1975," he said in 1945 claimed control over the seabed re­ cussion, comments will be limited to the later at a press conference. sources of the continental shelf, which ex­ context of international political and stra­ Ea1·11er this week, the conference agreed tends beyond 200 miles from the coast in tegic considerations; germane fisheries is­ to reconvene in Geneva March 17 to May 3 some parts of the Atlantic. The two Paciflc sues will not be considered. The speciflc con­ and then to return to Venezuela. in midsum­ nations have virtually no shelf, so they cern of this statement wili address points mer for signing a treaty, if one is negotiated claimed a 200-mile limit instead. previously raised by Defense and State De­ by then. Amerasinghe indicated, however, partment representatives and which will un­ that another session might have to be Mr. METCALF. Mr. President, the De­ doubtedly be reiterated before the Senate squeezed in between Geneva and Caracas. fense Department has based at least part Arms Se1·vices Committee. While most delegates said publicly that of its case on a claim that extension of State Department arguments may be sum­ the conference had achieved the expected, the territorial seas would close more than marized in four general points. Immediate they privately expressed disappointment at 100 straits around the world to vessels passage of S. 1988 would: the slow progress and the gulf between the ( 1) Increase international political ten- positions ·Of the rich industrial nations and vital to defense or commerce. sion, _ the poor developing ones. There is evidence that this claim is (2) Deter a successful oufcm:ne of LOSO . The devision between the delegations knew questionable. '75, ' no ideological bounds. The evidence is in the hearing record of (3) Be detrimental to the long range in· The United States and the Soviet Union the Senate Committee on Armed Services terest of "all" U.S. fishery interests, and were the leaders of the industrial nations, early last month on S. 1988, the bill to (4) Be a. violation of International law, and China backed the aspirations of right­ extend the fishery resow-ce jw-isdiction Defense Department arguments may be wing South American military dictatorships. of the United States to 200 miles. summarized in three basic points. Immediate The conference became deadlocked on four passage of S. 1988 would: key issues: It is in a statement by Dr. Frank E. (1) Add to "creeping jurisdiction", Territorial limits: the developing nations, Carlton, president of the National Coali­ (2) Cause the loss of signiflcant sea and led by Ecuador and Peru, insist on virtual tion for Marine Conservation. Dr. Carlton air mobility necessary to our defense, sovereign control over all activities within made the point that, of the straits which (3) Lead to an international chaos of 200 miles of their coasts. The industrial na­ might be closed by a 12-mile territorial unilateral action and reaction. tions, led by the United States and the Soviet sea, only 16 "could have importance and The fundamental thrust of a rebuttal to Union, favor giving coastal states- full con­ these allegations can be expressed in three trol over a 12-mile limit but opening up a that nine of those are either nonessential general observations: further 188-mile economic zone to fishing or fall within the territory of our military (1) the strategic necessities cited by De­ and scientific research by other nations. allies." fense have been vastly overstated, Deep sea mining: The developing nations Dr. Carlton's statement continues: (Z) increase in international polltical ten­ want preferential treatment in mining co­ Of the remaining seven, all but three either sions, doubtful outcome of LOSC '75 and in­ balt, copper nickel and other deposits offer no signiflcant targeting advantage or creasing complexity of international rela­ through a strong international authority, are too shallow (Malacca) or dangerous to tions are realities, already in a state of active which would set its own rules and decide appt·oaches submerged (Sunda). evolution, which will probably occur in the who mined where. The industrial nations same temporal context regardless of this want the rules written into the treaty. To Dr. Carlton's statement was ap­ (S. 1988) or other legislation enacted by the Pollution control: The developing nations pended a paper by Dr. Robert E. Osgood, United States, and, want mild controls for themselves and hard dean, the John Hopkins School of Ad­ (3) the conclusion that should follow ones for the industrialized nations, who they vanced International Studies, Washing­ from points "1" and ..2" ·is that certain say polluted while achieving their develop­ ton, D.C., and director of the Jc!ms Hop­ rigidities in our foreign policies and military ment. The industrial nations want uniform attitudes have demonstrably caused the u.s. international standards. kins ocean policy project. to underestimate the vital importance of do­ Straits passage: This is the key Soviet and I commend Dr. Carlton's statement mestic and international changes in her. eco­ U.S. issue. Both want freedom of passage and Dr. Osgood's paper to my colleagues nomic and military capacity to be a global for their warships and merchant fleets who are sincerely interested in this com­ power and to continue her position as a through the more than 100 straits in the plex subject. I ask unanimous consent leader in international politics, indicating world. The straits nations, most of them de­ that both be printed in the RECORD at this that fundamental reassessment and change veloping once, want control. point. in these areas is necessary to maximizing the "The No. 1 priority is the mobility of our probabilities and potentials for continued naval and air fol·ces and the importance of There being no objection, the state­ world peace. retaining our nuclear deterrent," said U.S. ment and paper were ordered to be Defense Department officials have stated Special Ambassador John R. Stevenson printed in the RECORD, as follows: that U.S. security requires free transient recently. STATEMENT BY DR. FRANK E. CARLTON through straits and the right of mmtary Sen. Claiborne Pell (D-R.I.), here briefly I am Dr. Frank E. Carlton, President of overflight. It must be pointed out that the for the conference, predicted that the Senate the National Coalition for Marine Conserva­ distinction is not between the terms "free'' would not ra.tify a treaty that did not guar­ tion, Inc. The Coalition is a national conser­ and "innocent" in so far as strategic consid­ antee free pa.ssage. vation organization committed to the pro­ erations are concerned. In reality the rele­ Stevenson, in a wind-up news conference, vant comparison must be between "free" and ' motion of rational politics and legislation as "secret". Defense contends that the 1nvulner­ expressed confidence that a sea treaty could it affects ocean use. abil1ty of U.S. SSBN's and their indtspend­ be signed in Caracas if enough hard work is The purpose of this paper is to demon­ able role to our defense depends on their done in Geneva. "There is no cause for bill­ strate that there are alternative views to the legal f'ight to secret passage. Dr. Osgood's ing the conference a failure," he said. somewhat adamant and intractable opposi- scholarly examination of the 121 interna- 36780 EXTENSIONS OF R£MARKS November 20, 1974 tiona! straits listed by the Department of ized U.S. performance in international re­ which the U.S. must act over the next decade. state that would be nationalized by a 12 mile lationships for the last 25 years and which Estimates are made of the effects of different territorial sea demonstrates that there are has materially contributed to the difficulties ocean regimes on U.S. strategic nuclear in­ only 16 that could have importance and tha~ the U.S. faces today. The record of this per­ terests and other security interests. Conclu­ nine of those are either nonessential or fall formance does not inspire confidence in the sions are offered concerning, from the stand­ within the territory of our military allies. Of ability of this country to deal wisely and point of U.S. security interests, the desirabil­ tlle remaining seven, all but three either fairly with regional conflicts and political ity and feasibility of resolving various ocean o.tfer no significant targeting advantage or confrontations. The 200 mile issue itself is jtrrisdictional issues by means of the pro­ are too shallow (Malacca) or dangerous to an excellent example of the United State's jected law of the sea treaty, approach submerged (Sunda). Dr. Osgood's steadfast opposition to a concept and analysis reveals that only Gibraltar and two physical reality that will shortly become 1. THE NEED FOR REASSESSMENT Indonesian straits, Ombai-Wetar and Lorn­ the accepted world norm. The Defense De­ There is generally a presumption in favor bale, are strategically significant areas which partment's archaic and illusory attitudes to­ of the primacy of security interests in a na­ might be politically questionable if a 12 mile ward the necessity of maximum mobility to ti011.'s foreign policy. u.s. ocean policy is no territorial boundary were established. Pres­ maintain our defensive security and the De­ exception, but the conception of security un­ ent political relations with Indonesia as partment of State's insistence to under­ derlying this policy has greatly expanded well as Spain and Morocco are complex and rate the importance of harmony with less from the apparent emphasis on military will undoubtedly become more so, but clo­ developed coastal nations, have been re­ mobility in the period leading to the U.S. sure of the Indonesian straits would not pre­ lated to and supplied further impetus to­ Draft Seabeds Treaty of 1970 to include a vent the submerged passage of our subma­ ward the total problem of decline in the major concern with unhampered commercial rines into the Indian Ocean. Passage through United State's capacity to maintain a global navigation in the present pet•iod before the Gibraltar is only necessary to the physical posture as an economic and political force prospective international Law of the Sea interruption of surface traffic through the and its acceptance by other nations as a Conference in 1974. Mediterranean. On a nuclea-r deterrent basis world leadet·. Actually. what appears to the outsider as the entire USSR can be targeted from the The clear schism between the realities of the initial dominance of avowed military Atlantic and Paciftc Oceans and the Arabian our domestic priorities and our rapidly needs-particularly the need for "free Sea. changing international capacities and re­ transit," as opposed to merely "innocent pas­ Dr. Osgood's studies clearly demonstrate sponsibilities necessitate change. The tra­ sage," through international straits--was al­ that the physical and political necessity of ditional attitudes and methods that created ways a bit misleading. The strong and con­ free transient through international straits the Peruvian fisheries dispute remain very spicuous role of the Department of Defense is not supported by objective information much in effect to this date. In discussing the in 1969 and 1970, when the formulation of and should certainly not be considered a non­ Peruvian fisheries issue David Loring states, U.S. ocean policy could still be powerfully negotiable item inhibiting international "the background and growth of the dis­ affected by a single forceful individual in a agreement on ocean use. pute .•• can be attributed largely to a series key position in that agency, and the tactical Further detailed analysis of other relevant of mistakes by the United States." convenience of explaining and justifying considerations: J:n asking the Senate Arms Committee not complicated political issues in terms of mil­ To what extent would surface transient to support the position of the Department itary security needs, was compelling, and impair in vulnerability of SSBN's? of Defense and State we recognize the cata­ tended to overshadow a more fundamental Would detection and destruction of United cylsmic disruption with historical precedent and pervasive objective of all the individuals States' SSBN's after passage through straits such an event would require. Nevertheless, a and groups in the government who were most . significantly alter U.S. second strike capacity? change of this order is necessaxy to the influential in the formulation of the Draft Will the Trident system affect our need to reality of maximizing any eventual poten­ Seabeds Treaty. This objective was to bring a use the international straits in question? tial for continued world peace. The National vast area of growing competition and poten­ All lead to the conclusion that the absence Advisory Committee on Oceans and At­ tially chronic conflict under the control of of "free transient" through straits would not mosphere's third annual report dated June international law and international institu­ seriously weaken the contribution of U.S. 28, 1974 stated in Its foreword, "This year tions before it was too late. Therefore, in the SSBN fleets to our strategic nuclear deter­ NACOAA worked with the consciousness State Department, the National Security rent. that our society may well be on the threshold Council, and, for that matter, in the ·De­ Aside from this line of reasoning, it must of a major discontimtity in human history­ partment of Defense as wen. the achievement be further pointed out that logic as well as from a world in which natural resources such of an international treaty establishing a nar­ experience indicates that the concept of as food and energy, and ••• and the regeni­ row continental shelf boundary, interna­ innocent passage is actually related to com­ tive capacity • • • seem to exceed effective tional restrictions on the exploitation of mercial vessels on grounds ·or navigation demands, we appear to be moving toward a ocean resources, a share of revenue from safety and anti-pollution. If there is any state of affairs in which consumption and exploitation for economic development, and real question that the transient of a war­ utilization of vital resources are generating international regulatory machinery was seen ship might not be innocent, one must wonder new stresses and strains at home and abroad. as serving America's broadest interest in why any nation would sign a treaty per­ To contain the resulted instabilities we must maintaining a congenial, relatively peaceful mitting unimpeded passage, or conversely. respond to unprecedented demands on our international environment. The fact that the how such an agreement would deter any na­ capacities to manage natural resources." narrower interests of DOD were defined as tion from "necessary" military action against It is my respectful contention that these corresponding to the larger interest of the such passage? Obviously, strategic signifi­ considerations are more vital to our national United States in preventing an era of inter­ cance is related to a capacity to place SSBN's interest than those unsupported allegations national conflict, revolving around compet­ in secret positions which Dr. Osgood's analysis made by the Department of State and De­ ing claims to ocean territory and resources, demonstrates does not depend physically, Ol' fense and do not, in fa.ct, jeopardize either was a happy coincidence. certamly lega.Uy. upon "free transient". Thus, our international relations or our strategic As the prospective 1974 United Nations the core of the Defense Department's posi­ defense. To the contrary, the Congress should Law of the Sea Conference approaches, how­ tion, as well as the forced extension of their recognize that the continued threat of pas­ ever, some ocean experts outside the govern­ argument to a fanciful relationship between sage of S. 1988 has been one of the more ment and some parts of the expanded ocean a 200 mile economic zone and passage positive and constructive forces impinging policy community inside the government through international straits, brings grave upon international negotiations on ocean have come to think that this coincidence is question to bear upon the validity of their use. It must remain for the Congress to no longer so happy. They fear that DOD has position. forcefully counteract a long tradition of got itself locked into an excessively rigid On the other hand, a relevant positive con­ policies and practices which have demon­ position on free transit through straits, which sideration is that 1f restrictions of innocent stratably worsened domestic and interna­ is not indispensable to American sectrrity passage were imposed upon the world at tional problems. Only the Congress itself can but which may jeopardize the achievement large they would in fact work signiftcantly bring the necessary forces to bear to insure of the kind of minimal international order greater hardships upon Russia's defensive the necessary changes. I earnestly entreat the that is essential to America's broader ocean and aggressive capacities than upon the U.S. committee's consideration of these alterna­ Rational and qualified answers to the tives. interests. The prevalling official position, various State Department assertions with however, is that the principle of unimpeded regard to the deleterious effects of immediate U.S. SECURITY INTERESTS IN OCEAN LAW passage through straits has become more im­ passage of 8. 1988 have been presented before (By Robert E . Osgood) portant than ever because of the growing other Congressional committees and are Abstract-This paper discusses the need potential threat to petroleum and other con'l­ presently available. Detailed reiteration of for reassessing U.S. security interests in the mercial transit, given the prospect of "sub­ these specifics are ·cherefore neither neces.,­ developing laws and practices con,cerning the j~ctive" interpretations of innocent passage; sary nor appropriate; however, it is vital use of ocean space. TP,e nature of these secu­ and that, moreover, in the intricate pattern to point out that attitudes underlying the. rity interests is identified and their impor­ of international give and take that charac­ posi~ion of the Departments of State and tance is weighed in terms of U.S. foreign pol­ terizes the bargaining and negotiating proc­ Defense, which now dicate their opposition icy interests and the requirements for main­ ess on ocean law, unwavering U.S. commit­ to exte1~d jurisdiction, manifests that same taj.ning those interests. A 'projection is made ment to free transit strengthens rather than attitude and rigidity which has character- of the international political cpnte~ t within weakens the prospect of achieving a useful

,_ November 2'0, 1974 EXTENSIONS OF REMARKS 36781 comprehensive and near-universal law of the grounds-for the seeming priority of mllitary Third World, and the insulation of detente sea treaty. . security interests at the time, subsequent from the superpowers• involvements in this In forecasting the outcome of the dell­ developments in the international environ­ area. Economically, it seeks to promote the cately balanced bargaining and negotiating ment affecting the law of the sea treaty and global modus vivendi through the transfer of on law of the sea issues, even the experts in-. American ocean interests have called for a capital and agricultural goods to the Soviet side the government must rely on reasoned reassessment of U.S. ocean security inter­ Union in order to sustain a Soviet policy and conjecture about the essentially incalculable ests in a larger framework of time and cir­ regime committed to detente. Militarily. it dynamics of a complex political process, and CUinstances. In this larger framework, one aims to undergird the global modus vivendi outsiders are at a disadvantage in judging can see that the United States needs to use with stabiU.zation of the U.S.-Soviet military the fast-moving state of the game. But on four zones of ocean space-the seabed, sub­ balance and moderation of the arms competi­ the nature of American security interests at surface, surface and superadjacent air-in or­ tion through mutually acknowledged strate­ stake in ocean law it is possible to construct der to support four kinds of functions that gic parity codified in SALT and, more prob­ an overview that may at least show the full enable the United States to sustain im­ lematically, with mutually agreed limitations range of these interests and suggest some portant domestic and foreign interests: on European forces, coupled with joint oppo­ priorities among them. As in the assessment (a) The maintenance of an adequate stra­ sition to the emergence of new independent of most security issues, lack of access to tegic nuclear capability in relation to the national nuclear forces. classified data is much less important than Soviet capability. The Nixon administration's second con­ one's perspective on the political significance (b) The maintenance of an adequate ca­ cern is to reconstruct its relations with of well-known events and developments open pacity to project American forces overseas in America's major allies--the NATO countries to public scrutiny. From this perspective I limited wars.Jt and Japan--so as to give them a compelling have undertaken an assessment of U.S. se­ (c) The maintenance of adequate intelli­ interest in participating in the new detente curity interests at stake in the developing gence and military surveillance capabilities. relationships with the Soviet Union and the laws and practices concerning the use of (d) The protection in peacetime of u.s. People's Republic of China on somewhat re­ ocean space.1 citizens, commerce, accesa to critical re­ vised terms: greater diplomatic independence The amount of technical detail involved in sources, and a variety of specific policy ob­ and initiative, accommodation with the assessing the U.S. military security interests jectives overseas. United States of increasingly divergent trade in ocean regimes is disproportionate to the These functions can be regarded as com­ and monetary interests, and increased con­ relative importance of strictly military con­ ponents of U.S. national security insofar as tribution to collective defense under con­ siderations. The thesis presented here con­ they support American military security. im­ tinuing preponderant American manage­ forms to the now conventional view that portant external interests, and the welfare of ment. the most important security interests at American citizens abroad and at home. This As for the so-called Third World of the stake in the law of the sea t1·eaty are much is a broad and rather amorphous definition largely new and poor countries, which broader than purely military interests. The of security. since the objects to be secured scarcely five years ago was thought to be policy question I wish to illuminate is wheth­ go far beyond the territorial integrity of the the decisive arena of the Cold War, the er the official U.S. position may jeopardize United States itself. But the definition is in Nixon administration hopes to lower Amer­ the broader interests in attempting to pro­ accord with the tremendous postwar expan­ ica's profile by leaving the welfare and se­ tect the narrower ones or whether. on the sion of the American conception of national curity of developing countries primarily to other hand, as the top U.S. ocean officials security beyond the traditional core values their own individual and collective efforts maintain, the law of the sea provisions in­ to encompass the security of allies, a wide of self-help. Having reduced the official esti­ tended to protect U.S. military interests range of foreign commitments and other mate of the Communist (and particularly (particularly, free transit) are indispensable concerns, and an international environmen­ the Chinese) threat of military attack and in serving the broader interests (particular­ tal environment congenial to the protection subversion in the Third World and having ly, unimpeded passa.ge of petroleum ship­ of these interests. To be sure, the nation is raised the official estimate of the capacity ping) as well. moving toward a more limited and selective of weak States to resist Communist control 2. U.S. OCEAN SECURITY INTERESTS interpretation of its security interests in its imposed from the outside, the Nixon admin­ In 1970 U.S. security interests in the use current phase of moderate retrenchment and istration will rely almost entirely upon the of the ocean were articulated largely in terms introversion, particularly insofar as these in­ selective use of military and economic aid of naval mobility, and the legal require­ terests require the use of armed force. But to contain local Communist aggression. having acquired global commitments as the While reaffirming its pledge to shield allies ments of mobility were formulated largely dominant counterpoise to the rival super­ and other States vital to American security in terms of "free transit" through inter­ power, the United States is not about tore­ from direct aggression by nuclear States, it national straits. A number of these straits vert to its restricted pre-World War II con­ has vil-tually ruled out a ditect combat role would become territorial waters permitting for U.S. forces in local wars that are largely only "innocent passage" for American war­ ception of national security. 3. THE FOREIGN POLICY CONTEXT insurgent or civil. The reduction of Ameri­ ships if, as expected, a twelve-mile terri­ can military personnel by one third, the torial sea boundary were embodied in the One's assessment of the importance of reduction of general purpose forces in par­ new international law of the sea treaty these various security functions depends, ticular, and the substantial Withdrawal of that the United States was committed to first, upon one's estimate of the impact of the changing international environment on American forces from Asia give tangible achieve. More narrowly still, the advantage of meaning to this lowering of the American free transit over innocent passage was de­ America's vital foreign interests and on. the requirements of maintaining these interests military pr'.>file in the Third World. fined largely in terms of the maintenance of Judging from official pronouncements, American strategic nuclear capabilities against possible threats to them. Enough time has now passed since the announcement America's military posture supporting the through the unannounced underwater pas­ Nixon-Kissinger revision of foreign policy sage of nuclear-powered submarines carry­ of the Nixon Doctrine, the American with­ drawal from the Vietnam war, and the rap­ will continue to aim at maintaining stra­ ing nuclear missiles (SSBNs). Less empha­ tegic parity with the Soviet Union-indeed, sized in public statements were three other prochment wlth China to make some reason­ ably confident, although necessarily fallible, at nothing less than overall technological security interests: equality (while conceding to Soviet long­ (a) Most important among these was the conjectures about the nature of American security policy and its international environ­ range missile forces some numerical superi.. limitation of territorial sea boundaries, ority) and a capacity to respond to nuclear which were seen to be in danger of expand­ ment over the next decade. It is now clear thwt the foreign policy in­ attack with something more than massive ing far beyond twelve miles, up to 200 miles, devastation. The United States will also seek under the infiuence of Latin American stituted and consolidated by the Nixon ad­ ministration looks toward the maintenance to maintain credible conventional as well as boundary claims, the assertion of anti-pol­ nuclear protection for its allies. But as com­ lution zones (as by Canada), and the proc­ of the U.S. position as a superpower with global interests, global political/military pared with the periods after the Korean ess of "creeping jurisdiction" that would and during the Vietnam wars, it will be far extend the assertion of anti-pollution and commitments. and global influence, but at a moderated level of expense and diminished less (if at all) concerned with maintaining resource-exploitation zones to claims of a policy or capacity for waging large-scale territorial sovereignty. direct (especially military) involvement. This posture can be described as retrench­ local wars, as distinguished from small-scale (b) Seldom articulated in public was the 3 interventions. And, in any event, its political right of military overtlight (to which not even ment without disengagement. Toward this end, the first foreign concern of the U.S. and material capacity to fight such wars will innocent passage applies) over key interna­ substantially decline. tional straits. government is to orchestrate a global modus (c) Not mentioned at all but, one must vivendi of interlinked agreements and under­ 4. THE INTERNATIONAL POLITICAL CONTEXT logically surmise, of some significance, was standhlgs with the next strongest and poten­ Under what conditions can the United tially most dangerous State in the world: States be expected to retain its position as the right to emplace anti-submarine listen­ the USSR. Diplomatically and politically, it the predominant manager of the still bipolar, ing devices on the continental shelf. seeks to promote this aim through approach­ now moderated and stabilized, military bal­ Whatever may be said-on tactical-bu­ ment with the Peoples Republic of China, the ance against the Soviet Union and at the reaucratic as well as substantive policy normalization and stabilization of relations same time retrench its capacity for limited between the two Germanys, the control of 'overseas intervention 1n local wars while Footnotes at end of article. superpower competition in the less developed maintaining a position of glo~l influence? 36782 EXTENSIONS OF REMARKS November 20, 1971, At the minimum, one must postulate the cue or protect American civllians, to support the enhanced political and po.ssibly security continuation of U.S.-Soviet detente-that is, friendly local regimes against hostile States, significance of a far-flung U.S. naval presence ot confined competition within negotiated and to mamtaln 1n the eyes of reglonal in an era of increasing U.S. dependence on coexistence-and of compelllng political and States the credibility of American power to foreign strategic materials coupled with a milltary constraints against Communist protect American interests. The prospect of declining U.S. presence on foreign land. armed action. · the United States actually employing its Throughout the world, however, the sit­ Will these conditions prevail In the com­ armed forces in local crises and conflicts will uations that are most likely to damage the ing decade of international politics? Prob­ remain ambiguous; nonetheless, military United States' broad security interests in this ably so. The past -era of intense great-power demonstratlo.n.s, mobillzatlons, and maneu­ presumed period of protracted detente may confrontation and crisis has more than likely vers will probably be credible enough to be be those which the United States cannot af­ ended. A period of great-power diplomatic viewed by the American President as an in­ fect by military means, directly or indi­ maneuver 1n which superpower crises, m111- dispensable instrument of policy, lest po­ rectly-indeed, situations over which 1t has tary security issues, and concern with the tential adversaries stumble into a clash of little or no control by any means. These are military balance (except in the context of arms by underestimating his will to use situations in which American military mo­ arms control) diminish and recede into the force. bility, military bases, access to oll, and less background seems likely to continue for at In any case, as new and more structured tangible security interests are damaged by least a decade. Perhaps this will be a period regional patterns of conflict and alignment the hostile actions of the weaker and poorer of considerably less harmonious great-power seem likely to develop in some parts of the countries, actions which the United States relations--especially between the United Third World, the United States and the So­ for one t·eason or another is inhibited from States and its major ames-than the admin­ viet Union can be expected to remain mu­ countering by force. Or they are situations in istration anticipates. And perhaps in such a tually constrained yet interested partici­ which the conflicts among other States im­ period there wlll be a greater erosion of the pants, through military assistance and other pinge on American interests incidentally American material capacity and will to main­ means, in the international politics of these rather than by design. (Thus the "cold war" tain a convincing global posture than the regions. They will, in some cases, as in the between Britain and Iceland thl·eatened to Nixon Doctrine pre-supposes. Eventually, the Middle East, be aligned competitively with lead to expulsion of the NATO base ft'om Ice­ diffusion of power and interests among the opposing aspirants to regional hegemony land). If the frustrations and resentments world's five developed centers of power and and influence. Where one or both superpow­ of the less developed countries, no longer able the relative decline of American power could ers have important material as well as po~ to exploit cold war competition, should be lead to a new-multipolar era of confronta­ litlcal interests at stake in regional power channeled toward organized harassment and tion. But this is too conjectural a possiblllty politics they may find themselves backing pressure against the developed countries­ to be the basis for changing the American contenders in local military actions, demon~ whether for purposes of revenue, political in­ security policy outlined by the Nixon admin­ strations, and even wars, in which their own fluence, or just nationallst self-assertion­ istration. mlliW.ry capabilities will play at least a tacit the United States might find itself operating It 1s somewhat less conjectural, however, role. in an environment as hostile to its security to postulate situations short of large-scale This trend is growing now in the Persian as at the height of cold war competition in local war in which American security inter­ (or Arabian) Gulf at·ea. Growing dependence the Third World. The rising dependence of ests, broadly defined, may be 1n jeopardy. on Middle Eastern oil gives the United States the United States and lts allies on oil and Such situations are most likely to arise whe1·e a major material stake in an area in which other natural resources and on straits, seas, it has had political, commercial. and strate­ indigenous tensions and conflicts threaten 5 and overflight which developing countries (a) the security of friendly regimes and/or gic interests for some time. The increased are able to control by either uncontested or (b) the unhindered supply of critical re­ capacity of a few countries to withhold sup­ physically established claims, makes Amer­ sources, particularly petroleum. In most of ply to the United States because of huge ican commerce and mllltary mobll1ty par­ these situations the protection of American currency reserves and alterna.tive buyers, to­ ticularly vulnerable.1o Thus one of the pri­ interests would depend on the local configu­ gether with the posslblllty that the Arab­ mary U.S. security imperatives in this phase ration of interests and power; in some, on Israeli tension or the influence of radical of history may become the achievement of the use of force and threats of force by in­ regimes will provide the political incentive mutually advantageous and acceuta.ble work­ digenous countries, which the United States for such withholding, constitutes a new ing relationships with coastal States in the would support or oppose by arms aid and threat to America's regional interests. Simi­ Third World. other indirect means. In rare cases, however, larly. the possibility that local rivalries in It is apparent from this line of conjecture one can imagine the United States more di­ the area-resulting, for example, in a con­ that the situations affecting U.S. security, rectly supporting or threatening to support filet between Iraq and Iran, with radical broadly conceived. are even more hypotheti­ friendly regimes against hostile movements regimes and traditional kingdoms aligning cal than during the height of the Cold War. and States, where such support could be ex­ themselves on opposite sides-may disrupt Yet American security policy, for the sake of tended by military demonstrations or inter­ American access to oil poses a potential eco­ deterrence or just insurance against serious positions incurring a minimal risk of U.S. nomic threat with such a serious impact on trouble, cannot prudently be geared only to involvement in war. American domestic welfare as to be tanta­ predictable contingencies, even though it Thus in the Jordanian crisis of 1970 the mount to a security threat. At least, these cannot afford to be geared to the worst con­ U.S. government evidently contemplated threats are not implausible possibilities. tingencies imaginable. With this cautionary aerial intervention, not only to rescue hos­ Whether America's enhanced interest in note in mind we can explore the implications tages seized by Palestinian guerrillas and access to Middle Eastern oil will actually be of these security considerations for U.S. evacuate American clvlllans, but also to threatened depends most immediately on the ocean policy. bolster the pro-Western Jordanian regime deveioping pattern of ·conflict and alignment of King Hussein against the guerrUlas and among the Middle Eastern and particularly 5. U.S. STRATEGIC NUCLEAR INTERESTS IN Syria, and, above all, deter the Soviets from the Gulf States (which control60 per cent of OCEAN LAW taking advantage of the conflict or trigger­ the world•s proven oil reserves) ,e on the in­ In the context of American foreign ing a larger war, while lmpressing them (and fluence of violent Palestinian groups, on the and security policy and the international the Arabs) In the wake of the Egyptian mis­ capacity of radical regl,mes to gain and ex­ environment in which it operates we can now sile crisis, with the credibility of American pand power, and on the vicissitudes of the tender some estimates of the effects of dif­ power 1n the Middle East. Actually, the quick Arab-Israeli dispute. But the involvement of ferent ocean regimes on the specific kinds success of the Jordanian army against El both superpowers in the politics of the area of U.S. ocean security interests outlined at Fatah forces and SYt'lan tanks, combined through their major "clients" and other re­ the outset. It is not sufficient to note that with Israel's mobilization on the frontier, cipients of support means that the possi~ the United States would benefit from maxi­ we:-e decisive tn resolving this crisis favor­ b111ty cannot be excluded that American mil~ mum military mobllity in ocean space (or ably to American interests. Whether the itary demonstration or action would be called maximum freedom to emplace listening de­ United States would have intervened under for to protect access to oi1.7 vices on continental shelves or to conduct any circumstances must remain In doubt.' Apart from the possibly fanciful scenarios offshore electronic intelligence operations) But the Incident illustrates the most likely of American military action to protect sup­ and minimum interference with maritime plies of petroleum, some naval planners and access to vital resources. That is too sweep­ role of Amerlea.n air, naval, and amphibious ing a generality to be translated into laws forces in a local crisis or war: deterring So­ publicists de·flne American security interests more generally in terms of maintaining po­ of the sea in the real world, where one must viet direct or indirect intervention, inducing litical influence and pressure in a politically consider ideal objectives in the context of Soviet cooperation toward a peaceful and not such operationally significant questions as: unfavorable resolution of the crisis, main­ acceptable way through a vlslble naval pres­ ence ln areas, such-as the· Gulf a.nd the In­ (a) how likely, and by what means, are vari­ taining Soviet respect for American power ous States to impede achievement of these and will in order to prevent the Soviet Un­ dian Ocean, where the United States cannot objectives, (b) how would such impedence afford hostile control of the sea.8 One need ion from seeking some regional, unilateral affect .U.S. interests, (c) to what extent and advantage that would jeopardize the net­ not accept the more sweeping versions of in what ways would different Tegimes for use work of interlinked constraints in the super­ Admiral Mahan's theories of naval power, of the oceans affect such lmpedence, and powers' global modus vivend-I. In addition, based on ominous but unspecified and highly (d) how feasible and costly is the achieve­ the role of American forces might be to res- improbable thre.ats to vital lines of com­ ment of more favorable regimes? merce, eoupleFrance and Spain securing free passage. ments of the U.S. underwater fleet. The U.S. grad area) could be covered from the Atlan- In March, 1971, however, there were intima­ government maintains that the invulner- tic. Passage through Hormuz is probably not tions of a more restrictive view of foreign ability of SSBNs and hence their indispen- necessary now that the shorter-range Polaris rights of transit when Spain and Morocco sable role in an adequate second-strike force A- 1 (with a 1200 nautical-mile range) and agreed to cooperate to "promote the crea­ depends on their right to pass through inter- A- 2 (1750 nautical miles) have been phased tiou of Meditermneall awareness" and also national straits (that is, straits ill which out in favor of the A-3 (2880 nautical miles). agreed to consult on all matters relating to there is regular international passage from With Holy Loch available on the west coast peace and security in the Mediterranean and one high seas to another) submerged and of Scotland, there is no great need for particularly in the strait. Ill June, 1972, the unannounced; whereas under existing law SSBNs to use Dover in the English Channel. Spanish government announced at the only innocent passage, which, according to 2. In which of the remaining straits is United Nations that it would be useful to prevailing interpretation, requires surfacing submerged passage physically feasible but consider the freezing of naval forces, fol­ of all submarines, would be legal in straits politically unobtainable on a reliable basis? lowed by progressive reductions, in the Medi­ that fall within territorial boundaries.u This Malacca is too shallow (1Q-12 fathoms) terranean. At the same time, it indicated is a distinction that is held to be of great and too busy for submerged passage. Bunda that some compromise was necessary between significance, since under a 12-mlle territorial is barely deep enough (20 fathoms in the ap- free transit and the rights of coastal states sea boundary perhaps more than a dozen proaches) but requires a passage of over 700 and suggested that such a compromise might straits of possible strategic significance miles within a 50-fathom depth. be achieved by a re-definition of the right would be overlapped by foreigll ·territorial The Bering Straits, although about 45 of innocent passage. waters. miles wide, are split by Diomede and Little Thus Spain may have prepared the way for To assess the validity and practical im- Diomede Islands, making each half of the asserting a right to force submarines passing portance of this position, a number of ques- straits less than 24 mUes wide. But since through the Strait of Gibraltar to surface. tions have to be answered: Little Diomede belongs to the United States, But whether or not Spain chooses to assert 1. Which of the world's more than 100 submerged passage to the Arctic 1s not in such a right against American SSBNs will international straits (121, according to an question politically. Similarly, the narrow depend, under existing law, primarily on the unoffi.cial chart devised by the Offi.ce of the route to the Arctic through the Kennedy- overall political relations between the United Geographer in the U.S. Department of State) Robeson Channels is presumably accessible States and Spain. As long as u.s. submarines that would be overlapped by territorial waters by submerged passage, since it is in Canadian are based at Rota, the chances are that these 1f 12-mUe boundaries were agreed upon might waters. polltical relations will permit an arrange­ also be important for the mobility of the u.s. This leaves Gibraltar and two Indonesian ment for submerged transit of u.s. sub­ Polaris and Poseidon fleet in order to reach straits, Ombai-Weter and Lombok, as stra- marines through the Strait of Gibraltar. the areas ill which present strategic doctrine tegically important straits through which If this 1s not feasible, even the closure of specifies required targets? the submerged passage of U.S. SSBNs is now Gibraltar to unannounced submerged u.s. The strategic importance of straits is a physically and politically feasible but the submarine passage would not be disastrous matter of judgment on which experts may use of which might be polltically question- to America's strategic capability. After all, cWrer, but stretching this category to its able if a 12-mile territorial boundary were with the Polaris/Poseidon system the entire reasonable maximum would produce, accord- established. Soviet Union can be targeted from the At­ ing to information provided by the same The two Indonesian straits are important lantic and Pacific Oceans and the Arabian chart of the Office of the Geographer, a to SSBN operations from the Indian Ocean to Sea. Although there has apparently been no list of 16: Gibraltar, two Middle Eastern Guam. Without submerged passage through need for SSBN patrols 1n the Indian Ocean, straits (Babel Mandeb and Hormuz), four them, the U.S. would have to circumnavigate an Indian Ocean base-say, Diego Garcia­ Southeast Asian straits (Malacca, Lombok, Australia, greatly reducing the number of would obviate the need to use Gibraltar or Sunda, and Ombai-Wetar), western Chosen days on active patrol as opposed to transit. the Indonesian straits altogether. strait (between South Korea and Japan), or double back to one of the entrances to 3. To what extent would surface transit :flve Caribbean straits (Old Bahamas Channel, the Timor sea, 180 to 500 miles east of of u:s. SSBNs through straits impair their Dominica, Martinique, Saint Lucia Channel, Ombai-Wetar, which would still pass invulnerab1llty to Soviet detection, identifl­ and Saint Vincent Passage), Dover, Bering, tllrough Indonesian waters. cation, and (in tlle event of war) destruc- and the Kennedy-Robeson Channels.u An additional hindrance to secret passage tion? Nine of these straits, however, are not through Indonesian waters results from This question really subsumes several dif- really essential to America's strategic capa- Indonesia's interpretation of the archipelago ferent questions: bility, and some would in any case fall in- princf.ple of enclosed waters, according to (a) Is the Soviet capability to detect and side the territory of military allies,l3 which the two strategic straits are Identify submerged U.S. SSBNs coming The five caribbean straits are not needed claimed to be internal rather than inter- through straits signlflcantly inferior to the for transit to Polaris/Poseidon patrol sta- national waters.17 Although the Indonesian same Soviet capablllty with respect to sur­ td.ons, since the Caribbean is not an essential government has argued that the archipelago faced SSBNs? launching area. They are not even essential principle does not infringe on innocent pas- The answer is surely "yes" (assuming, o:t for access to the caribbean, since there are sage, it requires prior notification of transit course, that submerged transit is not an­ several passages over 24 miles wide (for ex- by foreign warships and has begun to raise nounced 1n advance to the straits State, so ample, Mona, Windard, Anegada, and Guade- questions about the innocence of super- as to become subject to Soviet intelligence Ioupe). tanker passage ·on grounds of the danger of acquisition). It is relatively easy to detect western Chosen, the western half of the pollution they pose. In April CYf 1972, the surface passage through straits by means of strait between Japan and the Korean pen- Ohairman of the Joint Chiefs of Sta1f, Ad.:. · surface vessels, land observers; or satellites, insula (which is divided by the Island of miral M"oorer, declared, "We should have and ' even at night. By far the most effective and Tsushima), is only 23 miles wide; but Japan, must llave the freedom to go through, under, · practicable electronic surveillance of sub­ if not South Korea, would presU;l11ably permit and over the Malacca Strait". Shortly there- merged vessels is by means of a series -of u.s. strategic warships routinely to pass after, the Chief of Staff of the Indonesian hydrophones (or sonars) connected by un­ through this strait to the Sea of Ja.pan,14 In Navy was repor~ed a~ warning, "Our armed . dersea cables anchored to the continental any event, the eastern half of the. strait, forces will attack any foreign submarines shelf, like the U.S. "Caesar" and "Colossus" is 25 miles wide.1s The real suffel·er from any entering territorial waters without permit, system. But this device has to be hooked closure of the Korean straits would be soviet · because it means a violation of ·Indonesia's · up-to a listening station on th:e shore, which general purpose forces, which, for example, sovereignty." 18 In. response to Indonesian would seem to preclude the Soviet Union in­ would have to travel more than twice as far jurisdictional claims, the United States stalling it at Gibraltar or in Indonesia for from Vladivostok to the senkakus by going maintains the international character of the foreseeable future.20 Moreover, in the the La Perouse route (north of Hokkaido, Indonesian straits but, according to press high traffic-density straits of Gibraltar and south of Sakhalin), thereby affecting Indian accounts and Indonesian sources, routinely Lombok it would be very difficult to single Ocean operations, China coast patrols, or provides prior notification of transit by sur- out transiting nuclear submarines from the submarine deployments f1·om Nakhodka.16 face ships and presumably relies on some high level of background noise. Even in the Bab el Mandeb offers no significant tar- special bilateral navy-to-navy al'l'angement less-traveled Ombai-Wetar, possible Soviet geting advantage over tile Eastern Medi- for submerged passage that is not incon- hydrophone arrays would have to be sup­ terranean (and transit through the French sistent with the requirements of concealing plemented by "trawlers" or towed arrays ·to side of the strait would probably be avail- the details of SSBN passage from foreign be effective. The United States and the so­ intelligence.111 This is . a rather contingent viet Union have developed ocean surveillance Footnotes at end of article. modus vivendi, but as long as an Indonesian satellites, but U.S. efforts to use them to 36784 EXTENSIONS OF REMARKS ·November 20, 1974 detect submerged vessels have proved im­ But despite the improved information about for purely political reasons, then one must practical for basic physical reasons that the numbers. direction, and location of also wonder why tl'..ese States would sign a technology seems unlikely to overcome tn hunter-killer .submarines that surface transit treaty prescribing unimpeded passage or be tl1.e near future. It the Soviets were willing would give to Soviet intelligence, this hard­ deterred by such a treaty. to assign nuclear-powered anti-sublllal'lne ship would not really increase the willing­ So much for SSBNs. VVhat about ot her submarineS (SSNs) to monitor the critical ness of the Soviet Union to launch a nucleal' components of the U.S. strategic capability? straits, thJs would somewhat enhance their ftrst strike or greatly enhance the efficacy In the discussion and controversy about the submergecl detection capability; but the diffi­ of Soviet salvos after an initial nuclear ex­ need for free transit through straits the issue culty that Soviet SSNs have had in shadow­ change. In any event, the same require· of overflight has been all but ignored in ing U.S. SSBNs from bases indicates that ments of surfacing imposed on Soviet SSNs -public statements, although the U.S. position SSNs would be no substitute for fixed hydro· would o1Iset the disadvantage to the U.S. on the law of the sea treaty-presumably for phone arrays. underwater deterrent. compelling st rategic reasons--p1.·escribes free (b) To what extent can the Soviet Union Aside from the problem of detection, how­ t1·ansit ove1· straits for military aircraft continually locate U.S. SSBNs after passage ever. there are othet· operational disad­ (there being no innocent passage for over­ through stra.lts. assuming that Soviet surveil­ vant ages to surfacing nuclear submarines ilight recognized in international law) . lance detects and identifies these SSBNs? in straits. Where high-density traffic occurs, According to the Triad system. U.S. strategic It is now extremelY difficult. and promises as in narrow straits and around headlands, nuclear capabllity requires ma11ned aircraft to rem=:\in so far the indefinlte futm·e. to the nuclear submarine is safer both to itself as wen as SSBNs and land-based missiles. track submarines that have passed through and to surface shipping when it is below the The U.S. strategic bombing force is still a straits submerged. It is virtually impossible surface. One t•eason is its huge size. An ad­ significant weapons system, with some dis­ to track all SSBNs on patrol (that is. in vanced model such as the Lafayette is 425 tinct advantages of mobillcy and of control position to fire) .:n. Open-area surveillance feet in length, has a beam of 33 feet and a responsive to political guidance. One might (from aircraft. surface ships, ancl satellites) submerged displacement of 8,750 tons, which suppose that effective denial of military over­ will remain of limited effectiveness unless is longer than WW II destroyers and heavier flight over key straits would seriously impair and until. perhaps. large parts of the ocean than some World War II light cruisers. The the utillty of the U.S. strategic bombing force :floor are covered with a network of bottom nuclear submarine is designed to operate as a deterrent. detection systems in communication with best when submerged, where she has greatest In practice, however, the 1·Ight to fly over surface ships and aircraft. The most e.tfec­ maneuverability and her sensors work best. 24-mile straits does not seem to be critical tive ASW method in wartime ls a forward With a low conning tower and no super­ ~o the utility of the U.S. strategic bomber bar1·1er-control system, utilizing coordinated structm-e to spea.k of, she must receive ex- force (as distinguished from the U.S. military bottom detection devices, other sensors. .at­ . ceptions to her construction standards in airlift capabillty), since overflight of straits tack submarines. and ASW aircraft. But in ord.e1.· to comply with light requirements for is a small part of the larger pattern of over­ peacetime this system cannot prevent night navigation. For thts reason and since ilight , which is evidently man'lged ade­ SSBNs from passing through the barrier and much of her hull is below the surface and quately by special arrangements, where disappearing. not v.isible to electronic searchers (radar), necessary, and which is physically unfeasible {c) Would the Soviet capacity t.o destroy merchantmen find a submarine bard to de­ for most States to deny in any case.23 U.S. SSBNs which were tracked and. located tect. Moreover, a submarine's ability to travel The empnasis in American ocean policy on after detected. passage through straits sig­ under the surface frees her from the limita­ free transit under, through, or over interna­ nificantly afl'e~t t he U.S. second-strike tion of surface weather and wave motion, t ional straits has somewhat overshadowed capability? and any submarine is particulat·ly vulner­ another official concern: that the U.S. stra­ This is unlikely, unless one estimates the able to oolltsion loss by virtue of its small tegic capability may be hampered by terri­ requirements of an adequate second-strike reservoir of buoyancy. torial sea boundaries or continental shelf capability very conservatively. To reduoe the The operational disadvantages of surface 1.·e~imes claimed or established by coastnl U.S. second-strike capability signitl~antly, transit could be avoided, of course, if the States. the Soviets would have to be sure of simul­ United States were wllling to provide littoral T11e breadth of the continental shelf re­ taneously knocking out most of the 20 to 25 States with advance n()tlflcatton of under­ gime, one can infer from the :published data, U.S. SSBNs on sta.tJon at any one time. water transit, providing that the criti~al might have some effect on the freedom of the Merely a few Poseidon-carryjng submarines States in question would regard 1.mderwater United States to emplace passive ASW listen­ (which will eventually comprise 31 of the 41 transit on these terms as a satisfactory ar­ ing devices (SOSUS) on the shelf, partic­ U .8. SSBNs). each with its 16 missiles with rangement. But this hypothesis only illus­ ularly off the shores of foreign countries. ~~ 10 MIRVs on each missile, could overwhelm trates that the prior issue is the importance Apparently, these devices are most effective the Soviet ABM system. Moreover, this situa­ of secret passage. beyond the 200-meter depth and :part way tion will last at least as long as the initial When preased to explain the necessity for down the slope of the shelf.~ although their Strategic Arms Limitation Treaty limiting de• free transit of straits. U.S. ofiicials have re­ effectiveness must also depend on the pe­ ployment of ABMs is in effect. ferred not only to the security of secret culiar acoustic properties of the ocean at 4. How will the prospective new Trident passage and to the .safety of submerged various temperatures, depths, and salinity SSBN system affect the need to use the criti­ passage but also to the prospect that, with­ and particularly on the depth of the sound cal straits in question? out an tnternational treaty prescribing :lree channel that focuses sound energy in deep Although the amount of Congressional transit, straits States might resort to "sub­ water. Presumably, the United States would funding and the outcome of efforts in the jective" (that Is, politically-inspired) inter· be constrained from placing SOSUS where Strategic Arms Limitation Talks to limit pretat lons of innocent passage in ot'der to the use of the shelf were not permitted by SSBNs are uncertain, the development of a restrict the passage of U.S. warships. Thus existing international law or protected by new Underwater Long-Range MiBSUe System John R. Stevenson, chief of the U .B. delega­ a. new international treaty. Therefore, one (ULMS) for the so-eailed 'l'rid.ent SSBN sys­ tion to the U.N. Seabed Committee, testified might assume that an ocean regime that tem may produce a successor to Polaris/ before Congress that "We would not contem­ extended territorial sovereignty over the Poseidon in the 1980's. The Trident subma­ plate notifying {littoral States of Intention whole continental margin would adversely rine would carry 24 missiles with a range of to transit straits) because if such a require­ affect U.S. milltary security if SOSUS is vit al between 4000 and 6500 nautiCal miles .and ment is introduced, there is of course ulti­ to America's strategic capability. with MmV warheads. It would be quieter mately a risk of this leading to control of Undoubtedly, hydrophone a1·rays on the and would dive deeper and remain on sta· transit through straits." This risk, Stevenson ocean bottom are critically important to the tion for longer periods. Deployment of the said, lies mostly in the future, and he clted u.s. ASW capability, whatever the strategic Trident system--or. for that matter, the de· no ease in which the requirement of ad­ or other military importance of ASW may velopment of ULMS on Poseidon submarines, vanee notification had been usecl to restri~t be.~ It is unlikely that new technology will which is planned for fiscal year 1978-would naval transit.'2z reduce their importance ln the next five to virtually obviate the dependence of the u.S. In fact, experience indicates that the risk ten years, if ever. These acoustic devices are underwater nuclear deterrent on transit ot of restrictive interpretations of innocent perhaps physically vulnerable to Soviet inter­ straits. passage applies largely to commercial vessels ference; but the Soviets, one may assume, Taking a.U these considerations into ac­ on grounds of navigational safety and anti­ are installing many of the same kind of count. it would seem that. even without the pollution-a point which has, until recent devices and therefore have a vested interest Trident system, the 11.bsence of a provision emphasis by the oil industry, received little in not interfering with them. Most develop­ for free transit of intet·national straits in a attention, perhaps because of the notable ing countries do not have the capability to law of the sea treaty sanctioning 12-mile reluctance of the U.S. shipping industry to locate and destroy the arrays; and the United territorial sea. boundat•ies, although impos­ pursue its considerable interests in a l.aw of States denies, in any case, that it has placed ing some hardships on the operation of the the sea 1;reaty openly. Surely, these grounds them off the shores of these countries, al­ U.S. SSBN fieet, would not seriously weaken for controlling the passage of ships offshore though their suspicions persis-t. its contribution to nuclear deterrence. From are not purely subjective; they are objec· Notwithstanding these facts, however, there the routine operational standpoint the hard· tively quite impl}rtant. If, on the othet' hand, is little reason to think that the utility of ship of having to surface submarines would one takes seriously the danger that littoral SOSUS would be critically affected even by fall more heavily on nuclea.r anti-submarine States will interpt·et innocent passage and the broadest boundary of coastal State sov· submarines (SSNs). Which play an impor· ereignty on the continental shelf. The crucial tant role tn the strategic nuclear equation. the requirement of aUnited Kingdom gap, the the model of the Montreux Convention or a of coastal States? Or is it to concede to coastal Arctic, the North Pacific, and the Caribbean. version of the Soviet doctrine of "closed States somewhat more extensive control of With the possible exception (albeit a key one) seas"-that Will severely restrict the num­ straits, sea. bottoms, and sea boundaries, of Iceland, enough of the northern European bers, types, and methods of transit by war­ while seeking to protect the really essential countries are concerned about the Soviet ships of non-signatories. Assuming, then, strategic needs, whether through a law of the SSBN force to permit U.S. listening devices in for the sake of analysis, that more and more sea. treaty that strives for universality or the area. Considering the extent of the shelf coastal States will be trying to apply more through other kinds of arrangements and off Alaska and Canada, the emplacement of and more restrictions on foreign military agreements? hydrophone arrays in the Arctic is not likely passage within 50 to 200-mlle offshore zones We shall revert to this question after con ­ to be severely restricted by a shelf conven­ and adjacent seas, what are the implications sidering America's non-strategic security tion. Between Guam, Midway, Hawaii, Alaska, for America's strategic capability? needs .an the ocean. Suffice it to note here and the Aleutians, the United States can A 200-mlle region that impeded American that the United States' achievement of spe­ claim a significant amount of underwater real naval passage would have the greatest effect cial arrangements and agreements that will estate on which to emplace listening devices on America's strategic capability in the protect America's essential strategic inter­ in the North Pacific. Whatever gaps may exist Arctie, given the premise presented here that ests-demonstrated in U.S. relations not only in this coverage would not seem to be affected the Mediterranean is not indispensable to with allies but also with Spain, Indonesia, one way or another by extended claims to the America's strategic nuclear capability. But and Iran--depends on the .government's continental shelf. Only in the Caribbean and even with 200-mlle sea boundaries, access to ability to rea.eh favorable bal'gains in the the Gulf of Mexico would a broad national the Arctic would be possible through the total context of its political 'l'elations with sh.elf be likely to restrict U.S. coverage. But Eastern Bering StraJ.t and the Kennedy­ key coastal States. For this purpose the U.S. coverage there is limited anyway, since &obeson Channel (given Canadian compli­ United States, even in this period of de­ CUba. blocks it from CONUS while the Do­ ance). In the Atlantic, patrols could still pendence on Middle East oil, has consider­ minican .Republic lies in the way of coverage press fairly far north within the 2{)0-mJ.le able political. economic, and military assets. fr..om Puerto Rieo. boundary -around the Shetlands. In Indo­ Its gocxl wo1·king relations with a number of In any case, as noted above, since hydro­ nesiaa waters, a 200-mile boundary would locally and regionally power!ul States mani­ phones .have to be oonnected to shore sta­ not be much more restrictive than a 12-mlle fests these assets. If this is a correct assess­ tions (or, a.t great expense, to surface ships), boundary, sinoe Indonesia defines its bound­ ment, it would be a great mistake for the "the United St&ts generally needs the permis­ ary according to a broad archipelago doc­ United Stares to waste political assets or sion of <:oasta.l States to emplace SOSUS on trine. In any case, Poseidon miss11es could pay ll. big price in terms of other ocean in­ their continental shelves, whether within or still target all th~ USSR from points 200 terests in oroer to achteve illusory maximum beyond the territorial boundaries claimed by miles -oft' Bangladesh and Japan and in the strategic advantageB unde.r ·a law of the sea these States. southern Norwegian Sea.. treaty that might, in that case, be unac­ It should also be noted that an extension of More important than the impact of re­ ceptable to key States anyway. national claims to the shelf edge probably strictive telTitorial zones and special seas on 6 . OTHER U .S . SECURttY INTERESTS IN OCE AN would do more dam.a,ge to Soviet acoustic in­ .SSBNs may be their impact on the integrated LAW stallations than to American. Presumably, it operation of fleets--such as the Sixth Fleet would be difficult to :find a government be­ in the Mediterranean-which have s.trategic In seeming to concentrate so heavily 011 yond the Norwegian Sea that would consent functions beyond providing launching plat­ the need to protect America's strategic nu­ to Soviet devices on its shelf. The same is true forms for missiles. But the strategic function clear capability, American ocean-law officials of Canad.a and of Japan (although the effect of surface sb..lps, a.part from their political have until recently under-rated more seri011s of this fact is limited by Soviet ownership of and psycho1ogLca1 uses, has been drastically threats to U.S. security interests that im­ theKurlles). eroded by technological advances in attack pinge on the U.S. capability to conduct lim­ The implications of SOSUS are the same submarines, surface ships, and aircraft. ited millt..'l.ry actions and demonstrations and even lf national regimes were to encompass Moreover, it is worth noting 'that coastal to protect vital commerce and other peace­ the continental margin, although the bottom State restrictions would have a much more tilne Interests. They have also underrated topography near Iceland makes it difficult to adverse impact on Soviet than on American Amer.ica.'s general security interest, as one of determine the precise limits of the shelf, strategic mobility. If, tor example, the re­ the principal maritime powers, in maintain­ margin, rise, etc. There is however, a third strictions applied to the current narrow sea ing harmonious working .relations with the possibility if no international regime is boundaries were applied to 200-mile bound­ less developed coastal States of the world. agreed upon. The 1958 Continenal Shelf Con­ aries, Soviet SSBNs would be restricted to We have contended that American secu­ vention states, in part, "the term 'continental half of the Arctic and to operations from rity interests, broadly conceived, . will con­ shelf' is used as referring . . . tG the seabed Petropa-vlosk. Submerged p ·assage to the At­ t inue to require the support-actively or and subsoil of the submarine areas adjacent lantic would be prohibited. The caribbean pa.ssi.vely, overtly or tacitly--of American to the roast to where the depth of the super­ and the "Sbuthern exits from the Sea of armed forces, particularly ou:tside the devel­ jacent water admits <>f exploitation of the Japan would be closed. Soviet fieet ma­ oped centers of the world and most likely Jn natural resources of said areas." Since the neuvers would be correspondingly more im­ the .Mediterranean-Gulf-Indian Ocean waters technology for exploi:t1ng all but the deepest peded than American by the proliferation of prov.iding access to the Middle East. It is trenches soon will be available, this could extensive restricted seas, anti-pollution impossible to predict or even to assign with ev:entuany lead to a deltm:itation of the sea­ -zones, 11.nd the like. much .assur.ance .a.n order of prob.abi.lit y to bed nearly on the basis of medla lines. In What, then, are the impli~ations of all spec.i:fic scenarios in which the demonstra­ this event, the United States would own these eonsiderations for the protection of . tion or active U;Se of American forces may be most of the North Pactilc seabed (although it American strategic interests under alter­ called for. But the conduct of foreign rela­ probably would not be useful for more native ocean regimes? Unquestionably, Amer­ tions is never susceptible to such precision listening stat ions); the United States, ica's strategic capability with respect to the of foresight. In general terms. nevertheless, Canada, and the USSR would divide up the Soviet Union would be better off under an we can see that the revised Ame1·1can foreign Arctic (also without much impact on senors); effective universally-applicable law of the policy outlined by the Nixon administr-ation the situation in the Caribbean would not be sea treaty that provided. free transit through requires the stabilization of a reduced but greatly altered; and Norway would own international straits, established a narrow still global force posture for an indefinite much of the seabed beneath t he entrance to continental-shelf boundary, limited terri­ period of moderated great-power compet ition the North Atlantic. torial sea boundaries to 12 miles, and pro­ punctuated. by continual disturbances on the Finally, in estimating the impact of alter­ teeted military passage through 11.nti-pollu­ peripheries of the developed world. native ocean regimes on America's military tion and other zones, than under the more This kind of force posture will continue t o strategic capability, one must take into restrictive regimes we have postulated. But require great military mobility in. ocean account the effects of extended territorial sea even the most restrictive regimes we have space, but the ilnplications of this require­ boundaries and other kinds of off-shore anticipated would not undermine America's ment for American. interests in alternative zones. These effects, of course, depend in part strategic capability on the ocean, particularly ocean regimes are not self-evident . I n the upon what sort of restrictions coastal States if the Trident system were operating. More­ event of American dit'ect involvemen t in a choose to claim and are able to enforce or over, the adverse impact of restrictive regimes local war or military action, would American otherwise gain compliance with. Added to on t11e totality of Soviet ocean-based stra­ deployment of naval and air forces in ocean the proliferation or extensive off-shore terri­ tegic capabilities would be far more severe space depend on the agreed or claimed terr i~ torial claims, coastal States are looking than on Amel'lcan capabilities, although, torial sea boundaries of coastal States or on increasingly to extensive anti-pollution, faced with America's grea.te1· strategic de­ the national' positions and international security, and other functional zones as a pendence on the sea, U.S. naval leaders can­ rules, ~llethe r or not -sanctioned by treaty, govermng pa~sage through or over interna­ basis for restricting foreign navigation, both not be expected to ga.in much consolation military and civilian. Moreover, in the from this comparison. tional straits? Probably not, if the conftict absence of a comprehensive and near- were regarded as sufficiently important to In any event, what 1s the most realistic engage Alnerican armed forces. Similarly, if alterna.tive to the postulated proliferation of America's merchant fleet were to be directly Foot notes at end of article. restrictive re.gim.es? Is it to insist on the non- harassed by Soviet or other ships- an un - 36786 EXTENSIONS OF REMARKS Nove·mber 20, 1974 likely contingency in the case of the Soviet national organization and enforced, beyond sential mobility by overflight is even more Union, considering its parallel interests as a the coastal State's territorial sea boundary, confined geographically. Perhaps it comes maritime power-or by its physical denial of by the flag State or port State/20 But Ma­ down essentially to flying over the Strait of access to resources and commerce, the United laysia and Indonesia, while willing to grant Gibraltar. In a.ny case, resolving this problem, States would not be deterred by legal claims controlled transit through straits and wa­ like securing military transit through straits, or interpretations from taking the measures ters near their shores at their discretion (al­ will depend primarily on the full context of necessary to protect its vital interests. though the United States evidently does not political relations with a few key States. If Nonetheless, the politics surrounding some give either Malaysia or Singapore the ad­ these relations are not favorable to unim­ local conflicts might well lead the United vance notification Indonesia claims to re­ peded passage, the key States are not likely States to heed the objections of non-belliger­ ceive) , are not willing to relinquish such to sign a free transit provision because of ent States to the passage of U.S. warships control to an international organization any bargaining that takes place in a law of and aircraft through and over waters that dominated by the United States; and they the sea treaty conference. If they are favor­ they held to be under their jurisdiction. In are even less willing to entrust enforcement able, the United States will probably have a general, the less directly the United States of pollution and safety standards to the better chance of arranging a satisfactory were likely to become involved in an armed great maritime States who are increasiiigly modus vivendi outside an international con­ conflict and the less critical the outcome to congesting straits with huge tankers and ference than of obtaining a legal guarantee American security interest, the more the other commercial vessels. through either a multilateral or bilateral United Sta.tes government might be inclined These political facts argue for the adop­ treaty. to heed such objections. Thus if the United tion of a legal position more accommodat­ Nevertheless, U.S. ocean policy-makers un­ States were providing material support to a ing to the claimed residual sovereignty of derstandably cringe from the troublesome belligerent in a local conflict-even in the coastal States beyond their territorial sea prospect of contriving the protection of case of Israel, for example--it would probably boundaries. But how serious potential con­ American ocean security interests through hesitate to resist either a belligerent's denial flicts between coastal and maritime States ad hoc deals with local and regional powers. of American overflight (as in the Middle East become will depend on more than success or As lawyers must, they seek to rest the protec­ crisis of 1973) or passa.ge of warships and failure in the search for a general interna­ tion of American ocean interests on treaty­ mercha.nt ships. In incidents short of a clash tional treaty. After all, there seems to be, made laws that apply as generally and unam­ of arms-as, for example, those arising from even now, a modus vivendi between the biguously as possible rather than on modus quasi-legal restrictions imposed on U.S. sea United States and Indonesia that works vivendi based on fragile political alignments lanes providing access to oil-such denials fairly well because jurisdictional differences and the untidy growth of customary law. would be particularly difficult, politically, for are not pressed to the point of codification. Moreover, they look upon both the threat of the United States to contravene. One gets the impression that basic political American ocean interests and the solution It is in situations like these that the kinds factors, such as Indonesia's determination to to the threat In abstract terms, consistent of restrictive territorial sea boundaries and become the dominant Southeast Asian with the American tendency to identify the special zones that we considered in relation power, its uneasiness about expanding So· national interests with a universal order. to America's strategic capability can be ex­ viet naval activity and Soviet alignment According to this outlook, the more coastal pected to exert their major impact. Thus the with India, its latent fear of Japan and re­ countries that assert control over straits imposition by littoral States of restrictions luctance to become dependent on Japan's claim 50-mile or 200-mile territorial boun­ on straits, whether in the name of protecting naval power, and its dependence on an daries, demand speclal restrictions on in­ themselves from pollution or on economic or American presence in Southeast Asia, con­ nocent passage, or otherwise constrain the more general grounds, is apt to be a far more solidated by American economic assistance use of ocean space, the more such constraints important and less easily surmounted ob­ and military aid and sales, will have more to are apt to lead to encounters and clashes with stacle to naval mobility (for example, the do with an accommodation of U.S. and In­ the major maritime States. Conseque:rutly, in transportation of general purpose forces in a donesian ocean interests than anything that this environment American vital interests crisis) and the shipping of oil and other re­ is likely to happen at a general interna­ will be increasingly endangered, and the sources than to the efficacy of America's un­ tional conference to negotiate a law of the United States will incur growing diffi.culties derwater strategic nuclear force. If the crite· sea treaty. in moving air and naval units to the si,tes of rion of security interest is stretched to Simi·larly, the protection of American naval local clashes and crises thalt affect these in· include passage through straits of major eco­ and economic interests In the Persian (or terests. This equation, in the official view, nomic significance (and, incidentally, traffic .M-a.bian) Gulf seem destined to depend far raises the prospect that, in the absence of a density), there are at least ten such straits more on good relations with Iran than on a new universal law of the sea treaty, the about half of which could be controlled by new law of the sea treaty. Indeed, Iran's United States will have to choose between States that might impose costly, inconven­ drive for control of shipping in the Gulf, acquiescing to increasing assertions by coast­ ient, and, conceivably, politically-inspired re­ through which two-thirds of the non-Com­ al States of jurisdictional rights that con­ strictions on the pa.ssage of goods a.nd re­ strict American ocean mobiUty and forcefully 27 munist world's oil imports pass, tends to con­ sources of value to the United States. flict with the tenets of free navigation that contesting such assertions. This kind of danger was foresha.dowed by the United States would like to see incor­ The resort to force is typically presented as events tn the Strait of Ma.lacca a few years pomted into a law of the sea treaty. Thus tn a prospect that points up the urgency of an ago. It was a quite reasonable concern about March, 1973, Iran was reported to be explor­ interna•tionallaw of the sea trea.ty, a.s though the ecological disaster that could follow an ing an agreement with Oman to inspect all force--at le·ast when imposed by the strong accident to supertankers in the hazardous Ships passing through the Straits of Hormuz · against the weak-were either obsolete or too channels of this strait that provoked Malay­ at the entrance of the Gulf.80 Observers of terrible to contemplate. The generaliza.tlon is sia in July, 1969, to claim a territorial sea of pertinent but overdrawn. Not that the com­ 12 miles. Indonesia, which in 1967 had pro­ Gulf politics regard Iran's a.nnounced con­ monly observed inhibitions of the most cern about the threat of pollution as second­ claimed its archipelago doctrine of sover­ ary to its concern about Arab governments powerful States against enforcing their will eignty within baselines drawn around its supplying arms to Iranian rebels. Iran's In­ on weaker States in the postwar internation­ 13,000 islands, joined Malaysia in 1970 1n a clination to seek control of shipping in the al environment are any less compe111ng with treaty dividing the Strait down the middle. Gulf may run counter to an ideal universal respect to the major maritime States pro­ Whe-n the U.S. carrier Enterprise and accom­ tecting their interests on the ocean. But we panying ships passed through the strait en­ law of the sea treaty; but, considering the exaggerate these inhibitions if we do not route to the Bay of Bengal during the Ban­ more than $2 billion in arms the United recognize their contingent n91ture. That is to gladesh crisis of 1972, Indonesian spokesmen States has provided Iran to bolster Its claim say, the great powers' constraint in enforc­ reaffirmed the right of the littoral States to to paramountcy in the Gulf, Iran's forward ing their interests against the developing control such passage but reconciled this policy should not be inconsistent with Amer­ countries depends on a calculus of material right with the American action by stating ica's broad security interests in the Gulf. (and, one can argue, long-run political) gain Indeed, If the general U.S. policy of relying and political loss that may change with that the Commander of the Seventh Fleet on Iran as a surrogate for U.S. naval power ha.d given advance notice.28 The United States changing conditions. thus avoided a dispute with Indonesia, but is correct, Iranian control of the Gulf may be Thus, the political costs of the United the prospect of more troublesome encoun• the condition, or at least the necessary price, States forcibly protecting American tuna ters in the future had been foreshadowed. of protecting U.S. interests In the Gulf. fishers against the claims of sovereignty by It does not necessarily follow, however, Restrictions on overflight, as on surface Peru always see1ned excessive compared to that the protection of American interests navigation, exert a far more serious effect on what could be gained by such drastic meas­ the mobility o! general pupose forces in against such encounters can be secured by limited wars a.nd crises short of war than on UI'es and what would be lost without them. new international legal and organizational the U.S. strategic capability. In the Mediter­ But it is misleading to infer from this situ­ devices. After the Enterpris~ incident, the ranean and Gulf areas, at least, the United ation that the United States would be equally United States government proposed that States evidently must count on denial of passive in the face of some threat to a more "free passage" of straits in a law of the sea serious economic interest or to a military treaty be qualified by international stand­ military overflight rights even by allied and ards for safety to be established by the In­ other countries in which it has air bases. The security interest. British resistance to Ice­ ter-Governmental Maritime Consultative result, as in the case of surface navigation, land's 50-mile exclusive fishing-zone claim, Organization (IMCO) or some other inter- is to enhance the importance of unimpeded which led to a number of clashes between Ice­ passage over (as through) straits. In prac­ landic naval ships and British escorts, dem­ I<'ootnotes at end of article. tice, however, the problem of securing es- onstrates considerable British self-restraint November 2'0, 1974 EXTENSIONS OF REMARKS 36787 but also shows-despite Britain's withdrawal time powers have to operate, one can even many S<>urces of international litigation and of its warships in pursuit of a settlement­ imagine some of these powers at least tacitly conflict. If, for example, littoral States con­ that a maritime State wlll not necessarily cooperating to enforce their conception of tinue to impose an increasing number of passively accept the assertions by a small freedom of navigation. Then new laws of the more stringent requirements on the type and State of a con1llcting ocean regime when im­ sea would eventually be defined, over time, construction of merchant ships, on insur­ portant economic interests are at stake and by the kind of military and diplomatic proc­ ance, and on navigational taxes and tolls for cannot be secured by other means (such as ess that created the traditional laws, with shipping, the resulting chaos of claims and by llcensing arrangements, by trading mili­ test encounters playing a determining role. arrangements could be worse than incon­ tary or economic aid for non-enforcement, or This 1s neither a desirable nor the most venient. by gaining compensation for seized ships). likely prospect, how~ver. Coastal States or This kind of disadvantage, however, is not Where military security is involved, more­ the maritime powers are not likely to be so nearly so serious as it .applies to naval and air over, the ma.rttime States have been bolder in intractable in the pursuit of conflicting in­ navigation for security l>Urposes,since, if the backing their interests than in fishing dis­ terests at the expense of their parallel and forgoing analysis is correct, the critical prob­ putes. The most frequent examples have oc­ common interests in maintaining the flow of lems of navigation and other military uses of cured in lntelllgence gathering. Thus, despite commerce. Nor are the interests of coastal or the ocean are neither so numerous and North Vietnam's claimed 12-mile boundary, maritime States likely to be so cohesive and diverse nor so intractable to special arrange­ the United States acknowledged that the U.S. single-minded as this prospect presupposes. ments as to be beyond satisfactory resolution destroyer Maddox was only 11 miles off North Nevertheless, the prospect does adumbrate a on an ad hoc basis, if necessary. Vietnwn shortly before the first Gulf of plausible upper limit of conflict, the antici­ Of course, as U.S. Tepresentatives now em­ Tonkin incident. The United States has not pation of which may tend to keep the politi­ phasize, if a universal law of the sea treaty been reluctant to fly aerial intelllgence mis­ cal process of customary and formal law­ incorporating free transit could be obtained, sions that -contravene unaccepted jurisdic­ making within moderate bounds. Within it would be advantageous not only to Ameri­ tional claims over coastal waters. these bounds the protection of American can military mobility but also to merchant Since World War n there have been sev­ security interests in the ocean will depend, shipping, in which national commercial and eral cases (excluding fishing-rights inter­ in the first instance. on the configuration security interests now merge. But even so, ventions and. Cold War crises) in which marl­ of political interests and military power agreement on free transit would not obviate time powem have exercised their naval among indigenous States that .are in a posi­ the need for special international agreements superiority to support their definition of tion to affect vltal American mllita.ry and applicable to merchant shipping. Hence, the freedom of the seas. In JUly, 1951, when an reS<>urce interests; secondly, on the balance U.S. government has (a) stressed that the Egyptian corvette intercepted and damaged of U .S.-SOviet interests and in1luence as lt "free" in "free transit" applies only to un­ a British merchantman in the Gulf of Aqaba affects the actions of these States; thirdly, restricted passage through international during an attempted blockade of Israel, '8. upon the per-eeived and .actual disposition of straits rather than to the whole range of ac­ British destroyer flotilla was deployed to the the United States to back its ocean interests tivities permitted on the high seas and (b) Red Sea. Two week's later Britain and Egypt with force; and, only in this total context, expressly stated that the problems of navi­ reached an agreement on procedures for Brit­ on the process ot asserting, contesting. ac­ gational safety and pollution risks in inter­ ish shipping in the Gulf. In February, 1957, commodating, and negotiating the modali­ national straits should be resolved by sep­ American destroyers patrolled the Straits of ties of the rights .of navigation through and arate international agreements and orga­ Tiran and the Gulf of Aqaba to prevent over offshore waters and international straits. nizations.:n Egyptian interference with American mer­ Indeed, whether or not a satisfactory law . If the right of transit must be qus.lified, chant shipping enroute to Israel. On Decem­ of the sea treaty is obtained, the United m any case, by recognition of the legitimate ber 13, 1957, President Sukarno's govern­ States, consistent with the current realities concerns of littoral States about the hazards ment enunciated Indonesia's archipelago of international politics as well as with the of merchant shipping off their shores and doctrine. Less than a month later, Destroyer revised view of American power and interests in adjacent straits, it may be unwise to fuse Division 31 passed through the Lombok and underlying the NiXon doctrine, must depend the protection of this right with the right Makassar Straits to reaffirm the u.s. right of more and more on the favorable configura­ of submarines to go through straits sub­ innocent passage. On July 21, 1961, follow­ tion of interests and power among local merged and unannounced. It may also be ing a bombardment by French naval air­ States rather than on direct American in­ unwise to insist on the strict meaning of craft, a French cruiser-destroyer group tervention, by armed force or otherwise, to "free transit" if the substance of the right forced the entrance to the Lake of Bizerta protect its security interests in the use of can be as readily protected in practice-and to lift a Tunisian blockade of the naval base ocean space. InS<>far as the United States can with less arousal of the political sensitivities and re-establish French control. Following affect such configurations at all, it must de­ of post-colonial States-under the rubric of Egyptian closing of the Straits of Tiran in pend primarily on skill and tact in playing "innocent" or "unimpeded." May, 1967, the Sixth Fleet concentrated in the politics of trade and investment, eco­ A second ostensible advantage to the com­ the Eastern Mediterranean while the Ad­ nomic and military assistance, and tradi­ prehensive treaty approach to ocean law­ miralty announced that the carrier HMS Vic­ tional diplomacy in its dealings with the making is that the United States would gain torious and other units were being kept in major oil-producing States and the States a bargaining advantage by intermixing the the Mediterranean "in readiness against any astride commercially and militarily key free-transit straits provision with resource eventuality," although the threat was not straits. provisions, such as 200-mile resource zones carried further. On April 22, 1969, Iranian and revenue sharing, which are intended to 7. IMPLICATIONS FOR THE LAW OF THE SEA give coastal States otherwise opposed or in­ warships escorted an Iranian merchant ship TREATY from Khorrasmshahr (at the junction of the different to free transit an incentive to make From the standpoint of American security concessions to U.S. security interests. The Tigris and Karun rivers just inside the Iran­ interests what conclusions can one draw from ian border) to the Persian Gulf in defiance only trouble with this argument is that, in this analysis about the desirabiUty and feasi­ practice, the strategy may not work. Indeed, of Iraqi threats. Apparently a similar inci­ bility of resolving by means of the projected dent had occurred ln 1961 in which Iran was it may work just the other way, if coastal law of the sea treaty the various jurisdic­ States, observing the great importance that forced to yield for lack of naval forces. tional issues--present and potential-con­ On other occasions marltime powers have the United States attaches to free transit, cerning the use of the ocean? Although calculate that they can extract concessions simply ignored or rejected coastal State American law of the sea officials have scarcely claims against their activities. Thus the PRO on their control of resource zones and the bothered to justify this comprehensive ap­ like as the price of accommodating maritime Chinese routinely challenge U.S. vessels in proach except in the most general terms, they the Lema Channel en route to Hong Kong, interests. It remains to be seen which, if are moved, one can infer, by several osten­ either, of these bargaining strategies works and the U.S. vessels routinely disregard these sible advantages of this approach as com­ challenges. France enforces restricted zones better. But so far, judging from the conces­ pared to reliance on existing laws and modus sions to coastal State control of resource around its nuclear testing site at Mururoa vivend..i, on separating navigational from atoll, despite national protests. During the zones that the United States has already other issues for settlement, or on seeking b1- made, the advantage seems to lie with the Algerian War, France undertook to visit and lateral or regional treaties and arrangements. search the flagships of more than a dozen coastal States. Even where these States (as One such advantage is the practical one of in Latin America) have evidently made con­ States, on some occa.'Sions as far away as the uniformity. The point made by American English Channel. cessions to the U.S. position on· free naviga­ ocean officials is that it would be excessively tion, they have done so, in accordance with Thus, if the jurisdictional claims of coastal time-consuming, inconvenient, and diS'order­ States were to jeopardize American economic ly to make differing ad hoc arrangements the Latin doctrine of "patrimonial seas,'' at or security interests in the Third World, the with all the littoral States involved. This the pxice of American abandonment of re­ United States would not necessarily be de­ point is compelling as it applies to jurisdic­ strictions on exclusive resouree zones (other terred by immediate political costs from sup­ tional zones and other ocean issues affecting than restrictions of dubious political feasi­ porting its ocean interests with force, par­ commercial activities-whether fishing, pe­ bn:tty. sueh as compulsory dispute settlement ticularly if the clash of interests occurred troleum and mineral exploration and exploi­ and security of investments). out of the context of U.S.-Soviet competi­ tation, or merchant shipping. Having to -adapt A thtrd reason for tb.e comprehensive ap­ tion, which is increasingly likely to be the these activities to a diversity of local claims, proach is the alleged political aztvantage to case. If such clashes were to become con­ regulations, and laws could pose -such prac­ seekh~g .a legal :resolution o"f CO'llflicting in­ tagious, as regular features of the interna­ tical difficulties and contradictions as to 1m­ terests in the context of a treaty .applicable tional environment within which the marl- pede commerce whlle leaving unresolved to all States rather than to a few. 36788 EXTENSIONS OF R£MARKS November 20, 1974 One supposition underlying this point for final negotiation, the coastal States will tion with the interests and pride of a large seems to be that weaker States will find this generally accept free transit, because it is number of coastal States in controlling the general multilateral context less invidious not contrary to their national interests and, use of "their" waters if it insists on obtain­ and less damaging to their national pride in the case of a few countries with maritime ing the maximum guarantees for its inter- . than entering into bilateral or regional ar­ interests, is a positive advantage. Although ests through international law. By elevating rangements with the United States, and that this estimate is shared by few close observers what must in essence be a set of political therefore they will find it easier to be accom­ of international ocean parlays outside the accommodations between the interests of the modating. The smaller States can explain government and is doubted by some im­ great maritime States and many coastal their accommodations as concessions to the portant individuals and agencies inside the States into a matter of legal rights and na­ general international community in which government, it may turn out to be correct if tional sovereignty, the United States may they all participate. The United States can the United States makes concessions to the only polarize the issues. On the other hand, avoid the stigma of hegemony and limit the p11ide and interests of enough developing by asking for less in law, it may get more price for compliance the smaller St ates may countries. If official optimism about the protection for its interests in fact. For on exact. prospect of achieving free transit is un­ the practical basis of day-to-day dealings, A related supposition may be that in try­ warranted, however, or if the price is ex­ as opposed to the rhetoric of public inter­ ing to reach bilateral or regional deals the orbitant, not only U.S. security interests but national discourse, most coastal States, in­ United States must suffer the political em­ the whole range of U.S. ocean interests would cluding the key ones, are not necessarily barrassment, as well as the tactical disad­ be best served by confining the law of the opposed to granting in practice what they vantage, of having to satisfy the special in­ sea treaty's concern with passage through may refuse to accept as legal principle. And terests of weaker States; whereas the United international straits to general principles of in an atmosphere in which the less devel­ States is less vulnerable to such pressure for mutual maritime and coastal State interest, oped coastal States do not see themselves concessions, and concessions made to one leaving the precise condition of transit as confronting the great maritime States in country or regional grouping are less apt to legally ambiguous. If these conditions need a contest of power, a contest in which they embarrass the United States in dealing with to be made more precise-which is question­ must rely on their superior voting strength others, if it can generalize its positions and able-the United States can afford to delay in the U.N., a number of these weaker States its modes of influence in the huge multilat­ the formulation of them until some further whose shipping can be hampe1·ed by re­ eral forums of the United Nations. accommodation of the various interests of gional rivals may come to the conclusion These kinds of political considerations are, · the United States and the key straits States that they have at least as much interest as of course, valid in some cases of diplomacy; crystallizes outside the tense environment the developed states in unencumbered navi­ but since they are not valid a priori and in of a huge international conference. Indeed, gation. all circumstances, only an exploration of the this may be the only course it can afford. In this "era of negotiation" and of Ameri­ comprehensive approach and its alternatives In any event, the best alternative to protect­ can "retrenchment without disengagement" could indicate whether it applies to the di­ ing U.S. security interests in a comprehen­ it behooves the United States to deal with plomacy intended to protect U.S. ocean secu­ sive international treaty is probably not seek­ all States-but particularly with the sensi­ rity interests. Here the evidence is quite in­ ing protection through bilateral or regional tive developing States of the Third World, complete and will probably remain so. So treaties (where the political effort and cost who are undergoing a much-needed redefi­ far, the requisite number of key coastal promise no greater returns) but simply nition of their interests on a more tangible States have been reluctant to concede free through modus vivendi under existing law, and less romantic basis--on terms of prac­ transit in return . for international controls . leavened by international agreements that tical mutual benefit and respect, as free against accidents and pollution, but the meet the legitimate concern of littoral States as possible from ideological and nationalis­ United States bas nevertheless managed to to have a fair share of control, along with tic preoccupations. There are critical limits protect its essential security interests. On the great maritime users, over the increas­ to which the United States can insist upon the other hand, there is no reason to think ingly congested commercial ocean lanes. codifying in the universal writ of interna­ that the United Sates would come any closer The disadvantage of this policy has been tional law the protection of interests that to gaining acceptance of its position through exaggerated by implicit acceptance of the are primarily the concern of a few great bilateral or regional deals. unexplained assumption in the official policy maritime States without jeopardizing both Therefore, it would seem that the case for that there is some great advantage to getting legal progress and the political accommoda­ including the provisions of special security many countries to sign an international tions on which such progress must rest. concern in a law of the sea treaty depends treaty embodying free transit (assuming that FOOTNOTES much less, if at all, on the alleged advantage they will), although a few straits States re­ ~' Dean, the Johns Hopkins School of Ad­ of comprehensiveness and universality than fuse to sign it (as even U.S. ocean officials vanced International Studies, Washington, on the feasibility of persuading a large num­ consider likely). On the face of it, the most D.C., and Director, Johns Hopkins Ocean ber of States, including the key straits important objective of a treaty provision on Policy Project. The research on this article States, to accept particular provisions like free transit is to gain full legal recognition was made possible by a grant from the Na­ free transit as consistent with their basic in­ of the principle of unimpeded passage tional Science Foundation. terests and sovereignty, no matter what the through straits from the few States-for mili­ Ocean Development and International Law negotiating format may be. If the requisite tary purposes, perhaps only Spain and In­ Journal, Volume 2, Number 1. Copyright 1974 States agree to free transit, it will not be donesia-that might seriously endanger because of any advantages of political ac­ by Crane, Russak & Company, Inc. American security interests by impeding pas­ 1 In this piece I have relied entirely on commodation and bargaining power inherent sage. If the U.S. position is not based on the in the negotiating forum but because of the uncla.c.;sified material. Therefore, I cannot supposition that the key straits States will vouch for the accuracy of the technical data particular balance of interests that emerges subordinate their special interests, as they in the total context of their relations with see them, to "world opinion", either by join­ that does not come from official published the United States and other maritime States. ing the multitude of signatories or by relin­ sources. Since it would be tedious and cum­ If they regard free transit as inconsistent quishing their claims in practice-and this bersome, I have not cited a source for every with their interests, for whatever subjective would be a most unrealistic supposition-it piece of data. Aside from the great abun-· or objective reasons, the United States would must be based on the calculation that in the dance of such unofficial data in the daily and be ill-advised to make agreement on free event of a show-down, the United States will the technical periodical press, I have relied transit the condition of accepting a treaty be in a better position physically to resist as­ on a number of special publications, such as that might resolve the jurisdictional issues sertions of control by these States, forcibly the annual SIPRI Yearbook of Wo1·ld Arma­ pertaining to merchant shipping and com­ if necessary, if it can bolster its resistance ments, publishd by_the Stockholm Interna­ mercial activity, where the case for uniform­ with the sanction of a nearly universal treaty. tional Peace Research Institute; Jane's ity and universality is compelling. American There may be an element of truth in this Fighting Ships 1973-74 and Jane's Weapons security interests will suffer far more from calculation insofar as it applies to the moral Systems 1972-73; and the annual Military an international environment in which unre­ courage of American statesmen; but it seems Balance, published by the International In­ solved jurisdictional issues concerning re­ naive as it applies to the efficacy of an in­ stitute of Strategic Studies. source and anti-pollution zones engender ternational treaty in either marshalling the 2 I assume that in a general war the peace­ chronic conflicts and in which coastal States support of coastal State signatories or gain­ time regimes governing the use of the oceans impose a variety of regulations and restric­ ing the compliance of non-signatories. would be irrelevant, whereas in a war sig­ tions on commercial shipping than from in­ Nonetheless, one could view this hypotheti­ nificantly limited geographically and in ternational agreements on something less cal assumption about the psychological and other respects these regimes might be ob­ than free transit through international political efficacy of an international treaty served to some extent. straits or, for that matter, from no additional more hopefully if there were more reason :J See America and the World, Vol. II: Rob­ formal agreements on straits at all. to share the official U.S. confidence in the ert E. Osgood and others, Retreat from Em­ At this point, before the projected inter­ eventual "rationality" of a large block of pire?- The First Nixon Administration (Johns national conference on the law of the sea coastal and less develaped countries that Hopltins Press: Baltimore, 1973), Chapter 1. convenes, American representatives stoutly now seem reluctant to grant free transit. 4 On this question, see the somewhat op­ insist thwt in the end, when all the rhetoric Against this hopeful prospect one must posing views of Henry Brandon and David and bargaining are . over and. a treaty is up weigh the danger that the United States Schoenbaum in "Jordan: the Forgotten will only aggravate the problem of reconcil­ Crisis," FoTeign Policy (Spring, 1973), pp. · Footnotes at end of article. ing its interests in unemcumbered naviga- 157-81. Nove?nber 20, 1974 EXTENSIONS OF REMARKS 36789

11 In 1973 more than one-third of Arp.erican nocent passage (in line with the Interna­ 21 Thus Secretary of Defense Lai~d stated oil consumption came . from abroad and tional Court of Justice's report in the 1949 0 11 February_20, 1970, "according to our best about 10 per cent from the Middle East. As­ Corfu Channel case that "State in time of estimates, we believe that .our ·Polaris and suming the same rate of increase in U.S. de­ peace have a right to send their warships Poseidon submarines at sea can be considered mand, and no imposition of import restric­ through straits or seas without the previous virtually invulnerable today. With a highly tions, dependence on foreign oll is generally authorization of a coastal State, provided concentrated effort, the Soviet Navy might be expected to increase to 50 percent of Amer­ that the.passage is innocent"), does not con­ able to localize and destroy at sea one or ican consumption and dependence on the cede that advance notice of passage through two Polaris submarines. But the massive and Middle East to 50 per cent of foreign imports territorial waters is required. Advance no­ expensive undertaking that would be re­ in the next five to ten years, before alterna­ tice of transit through straits, the U.S. holds, quired to extend such a capability using cur­ tive sources of oil and energy could theoreti­ would run the risk of leading to coastal­ rently known techniques would take time cally alleviate this dependence. In 1973, how­ State control of transit. In practice, the and would certainly be evident." He added, ever, only Kuwait and Saudi Arabia had United States evidently provides advance however, "A combination of technological enough foreign exchange reserves to be able notice of surface ships but not submarines developments and the decision by the Soviets to shut down production for a long period. (except, perhaps, where secret bilateral ar­ to undertake a world-wide ASW effort might o The most intensive rivals in the Gulf are rangements have been agreed). result in some increased degree of Polaris/ Iran and Iraq. Iran, having undertaken a 1.2 The chart, entitled "World Straits Af­ Poseidon vulnerability beyond the mid- substantial military_buildup with American fected by a 12-Mile Territorial Sea", cap­ 1970's. But, as a defense planner, I would assistanc~. has become militarily dominant in italizes 16 straits as "major". Of these 16 never guarantee the invulnerability of any the Gulf and shows signs of seeking to be­ I have substituted Kennedy-Robeson for strategic system beyond the reasonably fore­ come an Indian Ocean power. Iraq is engaged Juan de Fuca. seeable future, say 5-7 years." Statement be­ in a · border dispute with Kuwait. Saudi 13 One of the more striking manifestations fore joint session of Senate Armed Services Arabia, although not aligned with either of the military establishment's tendency to and Appropriations Committee, cited in Iran or Iraq, and in the long run perhaps a leave nothing to chance, once committed to SIPRI Yearbook of WorlcL Armaments and natural opponent of the former, tangibly translate military interests into law, is the Disarmament, 1970-71, p. 122. shares the interest of Iran and the sheik­ Defense Department's unwillingness to de­ 22 Testimony on April 10, 1973, before the doms in opposing Soviet-supported South pend upon allied permission, as opposed to Subcommittee on International Organiza­ Yemen and the radical contenders for power legal right, for passage through straits. But tions and Movements, House Committee on in Oman and elsewhere, although it now unless the U.S. Navy plans on enforcing free Foreign Affairs, 92nd Con., 2nd Sess., p. 12. seems in no danger from radical forces. Like transit against its allies, the codification of Stevenson and Jared Carter, of the Dept. of Iran, Saudi Arabia receives American mili­ free transit in international law would seem Defense, . substantiated the risk by citing tary assista-nce. Pakistan has strengthened its to add nothing to u.s. naval mobility in the Egypt's denial of passage to a commercial ves­ alignment with Iran and has provided mili­ improbable event that the allies were un­ sel in the straits leading to the Gulf of Aqaba tary advisors to Abu Dhabi, Kuwait, Muscat, willing to grant submerged passage. before the June, 1967, Arab-Israeli war on the and Oman. India, conscious of its depend­ u Conceivably, the consultation clause in grounds that the cargo bound to Israel was ence on Gulf oil and irritated by Iran's ties the Security Treaty with Japan might be not innocent. (Egypt, however, based its con­ with Pakistan, has entered into economic interpreted to require special permission for and scientific cooperation with Iraq. This tention on the position that there had been passage of something as conspicuous as a a state of war since 1948.) Mr. Carter added pattern of relations is criss-crossed by terri­ task force-in which case the Japanese gov­ torial disputes and dynastic rivalries among that there were other examples of States ernment might be reluctant to risk political claiming that warships do not have the right the Arab Gulf kingdoms and by rivalry be­ opposition by granting permission. But 1t tween them and Iran on religious and other of innocent passage. seems unlikely that the present Japanese :wIn those States where the United States grounds. It is linked to the Arab-Israel dis­ government would be similarly constrained pute by Israel's close relations with Iran, as has its own bases or regular access to foreign from granting occasional submerged passage, bases the United States has interpreted over­ well as by Israel's material dependence on unless its growing concern over Soviet mili­ the United States. fiight rights to be implicit in permission to tary passage impel~ed it to apply equal re­ use the bases. If there are no such base rights, 'I Plausible, though unlikely, scenarios for strictions to American ships. In that case, such an eventuality might include, for ex­ permission for overflight is supposed to de­ however, it would also oppose an interna­ pend on diplomatic clearances received by ample, an American naval deployment and tional free transit agreement. possible air action to deter Soviet interven­ filing one-time transit requests with the de­ 16 According to one interpretation, how­ fense attaches three or four days in advance tion and support friendly regimes against ever, a strait in which 12-mile territorial Soviet-supported countries and guerillas in of the flights. In emergencies the U.S. practice boundaries come to two miles apart will be has been to get clearance, go around, or in­ the event ot Iranian m111tary action against considered as falling within territoral waters. radical take-overs in the sheikdoms or Saudi frequently, fly over without clearance. In 1e Significantly, the Japanese government, .Airabia, possibly accompanied by a Saudi ap­ practice, the distribution of American bases peal for American support against radicals while agreeing with the general principle of has obviated serious overflight restrictions. who were threatening to disrupt supply of free transit, has been reluctant to relin· In the Middle East crisis of November, 1973, oil to the United States. American armed in­ quish control of Sovet military passage however, only Portugal granted the United tervention against an anti-Israeli closure of through the Straits of Tsushima and Tsugaru States overflight, thereby greatly enhancing production by Saudi Arabia seems less likely (between Hokkaido and Honshu) under the the need to 1ly over the strait of Gibraltar. except in the context of countering Soviet anticipated 12-mile boundary. usee, particularly. the proceedings of 1969- intervention. 11 In December, 1957, the Indonesian gov­ '10 in the Eighteen-Nation Disarmament Com­ 8 see, for example, Tom Engelhardt, "The ernment declared that "all waters surround­ mittee (ENDC), renamed the Conference of New Half-Nelson," Far Eastern Economic Re­ ing, between, and linking the islands belong­ the Commi-ttee on Disarmament (CCD) in view, April 9, 1973, pp. 25ff., and Cecil Brown­ ing to the State of Indonesia ••• constitute August 1969, which led to the 1971 Treaty on low, "Shift Forced in M111tary Priorities," natural parts of inland or national waters the Proh~bition of the Emplacement of Nu­ Aviation Week, February 26, 1973, pp. 3-F ff. under the absolute jurisdiction of the State clear Weapons ancL Other Weapons of Mass 11 A balanced assessment of the prospect of of Indonesia. • . • The 12 miles of territorial Destruction. on the Seabed ancL the Ocean crises and conflicts arising from Middle East­ waters are measured from the line connect­ Floor and in the Subsoil Thereof. Edward ern oil politics and affecting U.S. energy in­ ing the promontory point of the islands of Duncan Brown draws principally from these terests appears in Robert E. Hunter, The En­ the Indonesian State." Embassy of Indonesia, and other U.N. documents, such as the Pro­ ergy "Crisis, ancL U.S. "Foreign Policy, Head­ Report on Indonesia (Washington, D.C.: No­ ceedings of the Seabed Committee, in exam­ line series, No. 216, June, 1973. On Soviet vember-December, 1957, January, 1958). Vol. ining the legal status of passive listening de­ naval power and policy, see Geoffrey Jukes, 8, number 7. vices on the continental shelf in Arms Con­ The Ocean in Soviet Naval Policy, Adelphi 1s Captain Edward F. Oliver, "Malacca: Dire trol in HycLrospace: Legal Aspects (Woodrow Papers, ·No. 87 (International Institute for Straits," U.S. Naval Institute Proceedings Wilson International Center for Scholars, strategic Studies, May, 1972), ahd Barry M. (June, 1973), p. 29. Ocean Series 301, June 1971), pp. 22-35. See Blechman, The Changing Soviet Navy 111 The U.S. government officially denies that also SIPRI Yearbook of WorlcL Armaments and (Washington: Brookings Institution, 1973). it has any agre~ment with any country to Disarmament, 1969-70, pp. 154-79; Captain 10 The opportunities and incentives for de­ provide advance notice of the passage of war­ L. E. Zeni, "Defense Needs in Accommoda­ veloping countries to threaten u.s. invest­ ships through international straits. tions Among Ocean Users,,. in Lewis M. Alex­ ments, moneta~ interests, and access to nat­ 2o Hydrophone arrays towed by surface ander, ed., Law of the Sea: International ural resources as levers for political pressure ships can be almost as effective as implanted Rules ancL Organization for the Sea (Univer­ and harassment are examined by Fred Berg­ systems, but the cost is much greater. More­ sity of Rhode Island: Kingston, 1969), p. 33; sten in "The Threat from the Third World," over, it is unlikely that towed arrays could John A. Knauss, "The Military Role in the Foreign Policy, (Summer, 1973), pp. 102- 24. avoid extended territorial seas off straits any Ocean and its Relation to the Law of the 11 According to the 1958 Law of the Sea better than implanted arrays. It is techni­ Sea," Lewis M; Alexander, ed., The Law of the Convention, submarines passing through in­ cally possible to deploy implanted arrays at Sea: A New Geneva Conference (Universit y ternational straits "are required to navigate great distances from shore stations, but the of Rhode Island: Kingston, 1971). on the surface, and to show their flag". This need for amplifiers and the problem of breaks z One can infer this from the fact that t he would be tantamount to advance notifica­ and maintenance make this option unattrac­ original U.S. position on the prospective l a w tion. The official U.S. interpretation of in- tive. of the sea treaty implicitly protected the legal 36790 EXTENSIONS OF REMARI(S November 20, 1974 right of the United States to emplace such distinguished record of service to his newsmen can't go to Baikonur, but will say devices on the continental shelf beyond the countrymen, serving as a member of the that each country can accredit who it wants 200-meter depth. See, also, Knauss, op. ctt., Irish Parliament from 1938-73. During at its launching site. p. 79. Article 3 of the U.S. Draft Seabed Treaty "But the Soviets made it plain they will not provides that the area beyond this depth this p_eriod he _held numerous posts in accredit Americans at Baikonur," Donnelly "shall be open to use by all States, without the CabiQet and always acted with the said. discrimination, except as otherwise proved best interests of his people and the world The mission is to begin with the launching in this Convention. The only exception per­ in his heart. In June of 1973, he achieved of two cos~onauts from Baikonur July 15. tains to the exploration and exploitation of one of the highest offices of his land, the About seven astronauts are to lift oft from certain natural resources. In tabling the Presidency. the Florida cape, and the two ships are to link treaty, U.S. representatives, in a studied ref­ President Childers had stJ.·ong family up in orbit the next day. erence to mtlitary uses of the seabed. pointed ties to the United States. His mother, out that it expressly protected the rights of an American, is a descendent of the [From the National Review, Oct. 25, 1974] States to conduct activities other than ex­ THE APOLLO-SOYUZ TEST PROJECT ploration and exploitation of certain natural Adams family that gave the United resources in the area beyond the 200-meter States its second and sixth Presidents. (By Michael S. Kelly) isobath. I wish to extend my condolences to On May 24, 1972 former President Nixon 2& The utility of ASW as a deterrent to a his family and his countrymen on their signed an agreement with Soviet Premier nuclear attack would seem to be negligible, loss. Aleksel Kosygin committing the United since its contribution to the U.S. second­ States to the first international space ven­ strike capabil1ty by protecting SSBNs is in­ ture, a linkup between American and Soviet significant as compared to the other com­ space vehicles known as the Apollo-Soyuz ponents of thls capability. As a part of the THE GREAT ONE-SIDED UNITED Test Project (ASTP). The flight, scheduled U.S. stmtegic war-flghting capability ASW STATES-U.S.S.R. JOINT SPACE for July 1975, was designed as the culmina­ would play a major role, particularly in pro­ PROJECT tion of detente, a great meeting in the tecting convoys. But the utility of protecting heavens of two old foes become friends. convoys In any reasonably imaginable war On the surface, preparations for the 1Ught with the USSR is highly questionable. More­ HON. ROBERT J. HUBER still appear to be going smoothly. But the over, the emcacy of ASW against SSNs is more American experts learn about Soviet probably declining. For a balanced and skep­ OF MICHIGAN space operattons, the more critical they are tical analysis of the role of naval forces in IN THE HOUSE OF REPRESENTATIVES of the ASTP. Since the ASTP was conceived general war, see Laurence W. Martin, The Wednesday, November 20, 1974 in an atmosphere of great euphoria, but With­ Sea. in Modern Strategy (London~ Institute out much real consideration of facts, perhaps for Strategic Studies, 1967), chap. 2. Mr. HUBER, Mr. Speaker, it has re­ it would be wise to reevaluate it before it's 21 The following straits could be included cently become very clear, if it was not too late: to analyze the importance of the in the category of major economic signifi­ already, that the coming joint space ef­ goals, the success expected in meeting them, cance (the straits in italics might be ad­ fort with the Soviet Union is going to be and the cost to the United States. versely controlled): Florida, Dover, Ska.ger­ One of the objectives of the ASTP is to rak, Bosporus-Dardanelles, Mozambique, a very one-sided affair. The Soviets have open the way for technology sharing between Gibraltar, Hormuz, Ba.b el Mandeb (if the rejected the request by our correspond­ the United States and the Soviet t:nion. Ex­ Suez Canal were opened), Malacca, Lombok, ents to view their launch. TP,ey are not perts expected such an exchange to be bene­ Luzon. permitting an equal exchange on tech­ ficial to both countries. However, once U.S. 2s Captain Edward F. Oliver, "Malacca: nology. One of the reasons for this is the analysts were permitted to examine the Dire Straits," U.S. Naval Institute Proceed­ fact that they are so far behind in this Soyuz, Russia's most advanced spacecraft, ings (June, 1978), pp. 27-33. field. In support of these two points, I the experts were forced to change their view. w Within an undefined coastal seabed eco­ Aviation Week & Space Technology carried nomic area, the U.S. position would give would like to commend to the attention a description of the Soyuz in its issues of coastal States complete authority to enforce of my colleagues two items--one from the January 21 and 28, l974. The articles make both its own and international standards Richmond Times-Dispatch of October 12, i_nteresting, and amusing, reading. The first against pollution from seabed activities. 1974, and the other from National Review one begins by summing up the level of so­ With respect to vessels, however, the fiag of October 25, 1974. The two items follow: phistication of the Soyuz. It is, it states fiatly, State would continue to have enforcement (From the Richmond Times-Dispatch, ,;little more than a man-rated unmanned resp.onsibility beyond the -coastal State's ter­ Oct. 12, 1974] satellite." Such a statement in aerospace ritorial boundary, subject to the right of circles amounts to pure invective. The de· RussiANS REJECT UNITED STATEs PLEA To SEE other States to .resort to compulsory dispute scription is fitting, however, as evidenced by settlement; and the port State could enforce 1975 SPACE SHOT these facts: pollution control standards against vessels WASHINGTON .-The Soviet Union has re­ 1. The Soyuz has no inertial guidance sys­ using its ports. regardless of where viola­ peatedly rejected requests that American tem, only a. periscope arrangement .for atti­ tions occurred. newsmen be permitted to view the launching tude control and position reference. The so Washington Post, March 23, 1973, p. Al. of Russian cosmonauts during next year's periscope is useless when the spacecraft is Iran and Oman later denied the report. Iran joint U.S.-Soviet space fiight, but Russian on the night side of the planet. subsequently announced that it was prepar­ newsm~n will be able to view the lift-off of 2. The Soyuz has no onboard computer. ing a bUl that would extend anti-pollution the American astronauts at Cape Canaveral. The fiight sequencer consists of a set o:t controls to 50 miles from shore pr the limit National Aeronautics and Space Adrni.nis­ r.otating ~ums--much like the piano roll of the continental shelf. tration officials who recently completed nego­ on a player piano--on which are inscribed :~1 See the statement of John R. Stevenson tiating pTess policy for the historic mission instructions for the automatic controls. The to Subcommittee II of the U.N. Seabed said the Russians refused to budge on the cosmonauts cannot input commands. They Committee, July 28, 1972 (U.N. Doc. A/AC. issue of opening their launching site to U.S. can only call up commands already on the 138/SC.II/SB. :37 at 2), and to the Subcom­ reporters. drums. mittee on International Organizations and "However, I don't think we should change 3. Manual control is severely limited. The Movements, House Committee on Foreign our open policy and specifically ban Russian attitudes control system is primitive; and Affairs, "Law of the Sea and Peaceful Uses correspondents from the Cape even if ours not adequately 1:1afeguarded against mal­ of the Seabeds,.. ' 92nd Cong., 2nd Sess., April can't go to Baikonur," said John P. Donnelly, function. The fuel is considered insufficient 10 and 11, 1972, p. 12. the chief U.S. negotiator. Donnelly 1s NASA by U.S. standards. assistant administrator for public affairs. 4. The only method cosmonauts have of Aside from Baikonur, Donnelly reported, monitoring engine burns is to time them the Russians have agreed to open up their with a stopwatch. They must walt for word space program as never before on this fiight. from ground control as to the success of the A GREAT LOSS They will follow the open American policy burn. of providing live voice and television through­ 5. The life-support system is primitive and out their segment of the mission from lift­ nonredundant. There· is no backup cooling HON. LESTER L. . WOLFF off to splashdown. But reporters wishi,ng to system. There is no reserve oxygen. OJ' NEW -,rORK cover the fiight in Russia will have to do so 6. The Soviets are not particular about re­ IN THE HOUSE OF REPRESENTATIVES from a press site in Moscow. entry and touchdown. Tbey do not target The Associated Press has prot·~s ted the ac­ for a specift~ point. They .are satisfied if the Wednesday, November 20, 1974 tion. on behalf of its members. spacecraft lands within the Soviet Union. A document on press ·coverage of the 7. To conserve fuel, the spacecraft is Mr. WOLFF. Mr. Speaker, I am deeply Appollo-Soyuz :flight will be signed later this stabilized by spinning it rapidly around Its saddened to learn of the death this past month by James C. Flet9her, NASA adminis­ vertical axis. This accounts for the high Sunday of the President of Ireland, trator, and officials of the Soviet Academy of incidence of motion sickness on Soviet space Erskin H. Childers . . sc·ences. flights (spin stabilization is common prac­ President Childers had a long and It will not specifically state that American tice for simpler, unmanned satellites, but November 20, 1974 EXTENSIONS OF REMARKS 36791 U.S. scientists would never consider it for the Soyuz' inadequate attitude control sys- are observing another anniversary of the manned vehicles). tern, it cannot dock with a passive target. proclamation of independent Latvia, No Quo FOR THE QUID The target must move, in response to sig- their 56th anniversary. The depressing All of these factors (plus a great manJ nals transmitted to it from the Soyuz. For more) lead American experts to conclude this reason, the Apollo wm be the active fact is, however, that since 1940 Latvia that the present level of Soviet space tech- docking agent for the ASTP mission, and has observed this anniversary under an nology is about midway between American the Soyuz will be passive. oppressive, unwanted Communist rule. Mercury and Gemini technology; that is, And if the Apollo, which is powerful, reli~ The passh1g of this anniversary means about 11 years behind our current state of able, and maneuverable, should ever be yet another year of living on the hope the art. The soyuz can in no way compare called upon to rescue a Soyuz stuck in the that some day their country will be free with the Apollo spacecraft, and it is not even spin-stabilized mode, rescue would be im­ again. It has been said of these people a serious piece of engineering compared to possible. For all other types of rescue, the the Space Shuttle. Clearly we have nothing Apollo would be more than adequate. that ''those who live in their homeland to gain in a trade of space technology, but This is purely academic discussion, of have no freedom, and those who live in we do have a great deal to lose. course, since the Apollo to be used on the freedom have no homeland." I would Inertial guidance technology, structural ASTP will be the last such craft ever to fly. hope that the United States in negotiat­ techniques, propulsion system design, and It will be succeeded by the Space Shuttle, ing with the U.S.S.R. would continue to areodynamic theory given away through the which will make Apollo-Soyuz rescue tech­ seek guarantees of human rights for Lat­ ASTP or· any other detente-induced "trade" niques obsolete. Should the Shuttle ever be vians and other Communist-dominated would aid the Soviet Union in developing required to rescue a Soyuz, it would merely countries, and perhaps, eventually, a re­ sophisticated weapon systems. Inertial have to rendezvous with the craft, holst it guidance technology, added to the tre- into the huge payload bay, and reenter the turn of their freedom. mendous throw weight of the Soviet missiles, atmosphere. The Soyuz, on the other hand, could improve Soviet ICBM and SLBM forces would be pretty much useless in any at­ to the point at which U.S. systems would tempt to rescue a disabled Shuttle. no longer be competitive. Talk about ac- From the foregoing discussion, it is ap­ FREDA PAYNE celerating the arms race! By pursuing this parent that one of the program goals, tech­ policy, we would not only encourage the de- nology sharing, would be detrimental to the velopment of improved weapons, we would welfare of the United States. Another, the HON. THOMAS M. REES help to design them. development of rescue techniques, is not One of the most common reactions to the even worthy of serious consideration. And OF CALIFORNIA primitive design of the Soyuz, among experts there is substantial cause for concern over IN THE HOUSE OF REPRESENTATIVES . and laymen alike, is, "Our guys must be nuts the safety of our astronaut crew for the Wednesday, November 20, 1974 to fiy on that mission." Americans are not ASTP flight. We get all this-and pay for it, used to thinking about the safety angle of too. Still another of the stated goals of the Mr. REES. Mr. Speaker, it is with space flight any longer, with the tremendous Apollo-Soyuz Test Project is the promotion pleasure that I take this opportunity to success of the Apollo landing program, but of understanding and cooperation in the use call to the attention of my colleagues to now it must again be considered in view of of space. It is not difficult to see who will a woman who, in addition to being a the Soyuz' record. be doing all of the cooperating. The first cosmonaut to fly the Soyuz, By setting a precedent with the ASTP, we great entertainer, should be commended Vladimir Komarov, was killed when his may be committing ourselves to placing for being a great humanitarian as well. I spacecraft plunged to earth after reentry, heavy payloads into orbit for the Russians speak of one of the more important its parachute tangled. Three more cosmo- with the Space Shuttle. The Shuttle will young American entertainers to achieve nauts died on a subsequent mission when, cost less per launch to operate than any stardom in the past few years, a fellow . after the spacecraft ·had undocked from a system the Russians could devise, so that Californian, Freda Payne. Balyut space station, ~ hatch seal gave way - this arrangement wlll represent a substan­ All too often in the entertainment and the cabin atmosphere fell overboard. tial savings for them. They, in return, have The most recent Soyuz mission appeared to nothing to offer us. world, success and recognition take their end prematurely, although the Soviet space ASTP SUICIDAL toll on the human side of the performei·. agency denies this. The ASTP will certainly not open the way Ms. Payne is an exception. Although American experts have expressed serious to "understanding." Nothing has been able most Americans and indeed many music concern over the safety factor. They threat- to do that so far, and, because of the soviet lovers throughout the world know of ened to call off the ASTP unless the Soviets dedication to Marxist principles, nothing Ms. Payne's achievements and artistry revealed the cause of the accident which ever will. It is time the American people were through her personal appearances, per­ killed the three cosmonauts, and some of reminded of the fact that the soviet Union formances on television and through her them are pressing for postponement of the is ruled by a government that is not "just fine recordings, very few people have filght following the apparent abort of the another government." It is a tyranny, and it latest Soyuz mission. The concern for the has, as part of its international expansionist learned of her selft.ess and untiring ef­ safety of our astronauts is justified. The policy, promised to extend its sphere of in­ forts on behalf of many humanitarian Soyuz' standards of engineering are not suf- fiuence to cover us. Any technology, any aid causes, such as for the battle against ficient, and the record bears out the fact of any kind that we give them is aid toward sickle cell anemia, as well as for the that the craft is vulnerable. that goal. we, as a nation, are committing March of Dimes. I would personally like Another goal of the ASTP is the develop- suicide with e\'ery wheat deal, every SALT to extend my deep admiration and re­ ment of space rescue techniques. But the talk, every truck plant, and every shred of spect to Ms. Payne for having contrib­ value of the lessons learned is questionable, knowhow we give the Russians. And the uted so much to ease the hardship of for two reasons: 1) Such techniques Will ASTP is the bannerhead of this . national be developed using an Apollo spacecraft, but suicide, a proud advertisement to the world human beings in the world. no Apollo spa:cecraft will ever fiy again. 2) that we will spare no expense to give away As an indication of the extent of . The value of the techniques would be ques- to those who did not earn it,- and could not ·Freda Payne's etiorts, earlier this year, tionable regardles~ of. the fate of Apollo be- duplicate it. she was named a Dame of Honour of the cause of the primitive nature of the Soyuz. _ The ASTP might be able to promote one . Knights of Malta, internationally recog­ OUTDATED TECHNOLOGY kind of understanding: the American peo­ nized as one of the foremost organiza­ Consider a situation in which a Soyuz is ple's understanding of their worth, of the tions devoted to raising funds for the to rescue a stranded Apollo spacecraft. The · decadence of the Soviet Union, and of the needy, the oppressed and the stricken. Soyuz is defeated before it gets off the tragic mistake of detente. The signal that . ground. Its booster is not powerful enough such understanding had been achieved would In being named for this great honor, to place it into the ·nominal Apollo mission be that America, · for the reasons stated Ms. Payne became one of the few orbit. Nur is its guidance system adequate above, withdrew from the ASTP. women.:_and the fi1:St black woman~to to ensure rendezvous. Booster reliab1llty is achieve this recognition. only 80 per cent, considered poor for a man­ I am certain that many of my col­ rated system, so that achieving orbit can­ LATVIANS leagues here are familiar with the out­ not even be guaranteed. (For this reason, standing nature of the recordings Ms. the Soviets will be the first to launch for Freda Payne has produced during the the ASTP. If their first rocket does not work, HON. HENRY P. SMITH III recent past. Needless to say, she has they will have two more standing by.) If OF NEW YORK brought the American public and the in­ orbital injection is not accurate, it must IN THE HOUSE OF REPRESENTA'I'IVES ternational music-minded public great be at least within certain limits, because of enjoyment in the past several years with the Soyuz' lack of maneuverability. And if Wednesday, November 20, 1974 the stranded Apollo is unable to maneuver, her dynamic vocal style, on recordings, Mr. SMITH of New York. Mr. Speaker, in supper clubs, on television and in a docking would not be possible. Because of another year has passed and Latvians concerts. 36792 . EXTENSIONS OF REMARKS Novernber 20, 1974 Although Freda Payne was born in De­ occurred, the appellate process is a sure In the dying months of the war an area. troit, and began her musical training in safeguard. around Tolmezzo in the Italian Alps, a few that city, she now makes her home in the Congress should override the President's mlles from the Austrian border, was occu­ veto. pied and used as a base ~or 35,000 Cossacks, State of California, and has truly half soldiers and half refugees. brought a great deal of pride to all those At the end of AprU 1945, they loaded who l'eside in our State. WE GAVE THOUSANDS BACK TO everything into their horse-drawn carts and Mr. Speaker, may I say that it is a THE NKVD within two days the whole community was honor for me to lead the applause for camped near two Austrian villages, Mauthen this great woman and entertainer. Let the and Kotschach. record show that this Congress has rec­ HON. EDWARD J. DERWINSKI On May 8, a Cossack delegation drove over the pass to Tolmezzo to tell British forces ognized and recommended Freda Payne OF ILLINOIS that they were ready to surrender uncondi• for her outstanding efforts in behalf of IN THE HOUSE OF REPRESENTATIVES ti~:nally. those less fortunate than om·selves both Wednesday, November 20, 1974 Zoe Polaneska, a 17-year-old Russian girl at home and throughout the world. from a vlllage near Odessa, a refugee but not Mr. DERWINSKI. Mr. Speaker, at a a Cossack, remembers the kindness with time when Communist pressures in the which they were treated by the British when Middle East are more threatening than they arrived at Lienz. the surrender point. FREEDOM OF INFORMATION ACT ever and the pressures of other free After crossing the mountains we got little beds to sleep on and blankets and I thought, world nations, in addition to Israel con­ 'This can't be so bad.' And then I always tinue to create numerous foreign policy remember, they gave us three cream crackers HON. JAMES C. CORMAN problems for us. The evaluation of cur­ at breakfast time and I thought, 'This is OF CALIFORNIA rent situations are certainly aided by better stlll.' And then they gave us white IN THE HOUSE OF REPRESENTATIVES objective understandings of pertinent bread, pure white, we hadn't seen it for years. history developments. · I thought, 'This is heaven!' Wednesday, November 20, 1974 Thus, I was especially interested in an By May 16, according to British figures, by in there were 22,009 of Domanov's Cossacks Mr. CORMAN. Mr. Speaker, today I article Nicholas Bethell the Sun­ under British supervision in the Drau Val­ would like to share with my colleagues day, November 17, Washington Star­ ley-15,380 men, 4,193 women and 2,436 chil· an editorial which was published 1n the News, which I insert into the RECORD at dren. A little further east British soldiers Los Angeles Times on October 21, 1974. this point, along with the followup arti­ were guarding the 15th Cossack Cavalry I believe that it is of special interest to cle on the tragic aftermath of the Yalta Corps, commanded by a German, Lieutenant­ my colleagues and makes an excellent Agreement: General Helmut von Pannwitz, which had case for overriding the President's veto. WE GAVE THOUSANDS BACK TO THE NKVD surrendered with its full strength of 18,792. The editorial follows: Brigadier T. P. Scott, commander of the (By Nicholas Bethell) 38th (Irish) Brigade, came across a regiment FORD'S ALARMIST VIEW ON SECRECY On May 20, 1945, Winston Churchill sent of Cossacks, about 400 men, who were in Vast government departments routinely a note to General Ismay, his personal chief imminent danger of being attacked by a. sit on Information that the public should of staff: division of Bulgarians. have. A bias toward secrecy is a natural "What is known about the number of He went to see the Cossack commander, tendency in the bureaucracy. Russians taken prisoner by the Germans and Prince zu Salm. The situation was quite The cold war that followed World War Il liberated by us? Can you discriminate be· simple, Salm said. The Cossacks would sur­ provided a magic formula for censorship. It tween those who were merely worke1·s and render to the British so long as they were was "national security," but the security in­ those who actually fought against us? sure that they would not be handed over volved was often the security of a depart­ "Could I have a further report on the 45,- to the Soviet Union. Scott told Salm that ment to be free from public inspection. 000 Cossacks of whom Gen. Eisenhower British prisoners were British prisoners, and In response, Congress eight years ago passed speaks? How did they come into their pres­ on this understanding Salm surrendered. the Freedom of Information Act. Its intent ent plight? Did they fight against us?" The next day Scott's corps commander, was to enforce greater access to Information Churchill did not follow up his worried Lieutenant-General Charles Keightley, was from government. The law b1·ought some im· questions. On May 29 the Chiefs of Staff alarmed to he6r that Scott had accepted the provement, but it was not as effective as it ordered Field Marshal Alexander to hand Cossacks' surrender and given them certain should have been. Its operation was impeded over the Cossacks who were in his terri­ assurances. He told him of the Yalta. Agree­ by bureaucratic delay, heavy costs of court tory to Stalin. In fact, repatriation of vir· ment. action to force disclosure, and excessive tually all Soviets in allied hands had already "It was the first I'd heard of it.," says charges levied by agencies for providing re­ begun without waiting for the order, on the Scott. Under this agreement, Kelghtley said, quested information. authority of an explicit proviso of the Yalta the Cossacks would probably have to be Last year, a U.S. Supreme Court decision Agreement. handed over to the Russians. revealed a major weakness in the act. The Some extremely bloody operations took Scott says, "I told him I thought it would court ruled that, under the law, the courts place. Repatriation, overall, was for many ·be a damn bad show if they were. I'd ac­ had no power to go behind a "classified" British soldiers the most disagreeable epi· cepted their surrender and given my word. stamp on material. If it was classified, it was sode of the whole war. I got very hot under the collar about It." secret. * • * * * In fact, in fulfillment of part of the Yalta Earlier this month, Congress sent to Presi· During the Russian Civil War of 1918-20 Agreement, orders were that everyone of the dent Ford's desk a blll to strengthen the 1966 some of the keenest fighters on the White Cossacks--man, woman and child-was to be law. The measure set time limits for agency side were Cossacks. At the beginning of this handed back to the Soviet authorities, ir­ response to requests for information. It al­ century there were five million of them 1n respective of Individual wishes and by force lowed courts to order the government to pay Russia. if necessary. the legal costs of persons winning suits Most of the Cossacks fought against the Lieutenant General Keightley made it clear against government departments under the new Bolshevik authority and the Red Army. in an order dated May 24: act. And it permitted court review of classi­ When the revolution was all over and the "It is of the utmost Importance that all fied information to determine whether the Reds had won, many thousands of Cossacks the officers and particularly senior com­ material sought under the act was properly fled to the West. manders, are rounded up and that none are classified. It was among Cossacks most of all per­ allowed to escape. The Soviet forces consider In vetoing the bill Thursday, Mr. Ford took haps that hearts leapt when mtler invaded this as being of the highest importance and particular exception to this provision, assert­ the Soviet Union and for a time seemed wlll probably regard the safe delivery of the ing in our opinion, a thoroughly mistaken likely to conquer it. Cossack leaders such officers as a test of British good faith.'' and alarmist view that the courts could brush as Vyscheslav Naumenko (the ataman of the Apart from moral scruples, the British aside even "a determination by the secre­ Kuban Cossacks who in 1920 had been a face a practical ditficulty. As soofl as the tary of defense that disclosure of a docu­ major-general in the White forces) and the Cossacks realized what was to happen to ment would endanger our national security." ataman of the Don Cossacks, Pyotr Krasnov, them they would fight. That is not the intent of the law and, if his­ were quick to offer the Germans their serv• tory is any guide, that certainly wlll not be ices. In November 1943, the Nazis promised Such considerations persuaded senior of­ the result. Tlle intent of Congress 1s to stop eventually to give the Cossacks back their ficers that trickery and deceit would have the abuse of classifying information that by traditional lands in the Soviet Union. Four to be used. They ordered their subordinates any rational standard cannot be remotely months later they appointed Krasnov and to keep the Cossacks in a state of false secu­ connected to national security. If there is Naumenko to a directorate of Cossack forces rity right to the last moment: only thus any reasonable basis to uphold such a clas­ within the German a1·my. An.other n1ember could the Cossacks be disarmed, loaded into sification, it would be difficult to imagine was T. I. Domanov. vehicles and carried east without bloodshed .and mass escapes. that a court would rule otherwise. If that * * * * November 2'0, 1974 EXTENSIONS OF REMARKS 36793 On the morning of May 27, British soldiers remembers, "I put my arms around my ears square, surrounded on three sides by a tall were read an order from Brigadier Musson and said, 'No, I don't want to hear it.' " wooden fence. call1ng for the total disarmament of all Cos­ Davies tried to soothe and reassure. He They made black flags and hung them from sacks by 2 p.m. that day. British officers dld. was authorized to tell them, he said, that their tents. They made placards with such their duty with such care and tact that no the Soviet authorities had promised to treat slogans as "Better death here than our send­ Cossack suspicions were aroused. all those who were repatriated humanely and ing into the U.S.S.R.!" Shortly after the disarmament, Davies told decently. The Cossacks almost laughed at Towering over the crowd was a wooden the senior Cossack officers that all officers such naivete. platform with a makeshift altar and a large were required to attend a. conference which Davies remembers that some Cossacks cross. Around this platform were the priests, would decide the future of the Cossack units. brought an old woman toward him. She held all in brightly colored vestments. Va.ssili This was a. lie. In fact, there was to be no out her hands and he could see that she Gregoriev was leading the crowds in the conference at all. What was planned for the had no fingernails. "The torturers of the prayers of the Orthodox liturgy. officers was not a. discussion but an immedi­ NKVD-tha.t's what you're sending us back Davies addressed the crowd through an ate transfer into the hands of the Soviet to!" she told him through an interpreter. interpreter and told them it was time to authorities. British Lieutenant V. B. English was in begin loading. He writes that "the only re­ The announcement caused the Cossacks command of a. Royal Artillery detachment sult was a tightening up of the crowd.'' some consternation. At last their doubts guarding the bridge over the river Mur where Davies formed his men up along the un­ were beginning to grow, and the prospect of the transfer took place. He says he asked a. fenced side of the square. Some were armed being handed over to the Soviets began to Soviet officer what would happen to the Cos­ with pick handles, others with rUles loaded seem more fearsomely real. sacks and was told, "The officers will be shot, with live ammunition. The rifiemen had bay­ It was the duty of British Major Rusty but the ordinary soldiers will just be sent to onets tied to their belts. He gave them the Davies, who was immensely popular with the Siberia." order to fix bayonets. He says: Cossacks, to carry out the deception, and It was two days before the bulk of the I felt sure that this would do the trick. today he is amazed at how successfully he deportations were to start. A number of The Cossacks could see those bayonets being did it: "How the hell we lulled them into Cossacks and Caucasians disappeared into clipped onto the ends of those rifles, and I that, I just don't know." the neighboring hills during the ensuing few felt sure it would make them realize that we Davies was told that the repatriation days. meant business. I really did not think they order came from higher authority and had But the vast majority, more than 20,000 would resist after that. been agreed between Stalin and Churchill people, decided to stay in the valley and Davies was mistaken. Even when the sol­ at Yalta. What he was not told was that the resist the order. Their officers were gone, so diers advanced into the crowd and their agreement applied only to people who were they elected a senior sergeant called Kuzma clubs and bayonets, the Cossacks carried on Soviet citizens on the outbreak of war in Polunin to be their temporary "ataman." praying and refused to move. They had hid­ September 1939. Under the agreement, many Polunin addressed a petition to Alec Mal­ den their women and children deep in the of the Cossacks gathered at Lienz, should colm, commanding officer of the troops middle of the crowd, while along the edge not have been due for repatriation at all. guarding the at·ea. It began, "We Russians, was a line of young men resolved to defend Indeed, of the most senior officers, only Do­ Cossacks, who evacuated frc. l Russia on our the tribe. manov had been a Soviet citizen in 1939. own will and who joined the German army The soldiers tried taking hold of individual An order was issued from General Keigh t­ not for the reason to protect the German Cossacks and pulling them away from the ley's headquarters which bore no resem­ interests, but bearing in mind exclusively the mob. Ivan Martynenko remembers how the blance to the terms laid down in the Yalta. struggle against the Soviet Union, declare whole crowd trembled and rocked as the sol­ agreement. In this order, whole groups and that our return to the Soviet Union is ab­ diers tugged at it, but they were not able to nationalities were earmarked for repatria­ solutely impossible. We prefer death than drag anyone away. tion: the Cossacks under Doma.nov at Lienz, Davies' next plan was to send one of his the 15th Cossack Cavalry Corps under Gen. to be returned to the Soviet Russia, where we are condemned to a long and systematic platoons into the crowd to isolate a. corner. von Pannwitz, the units under Gen. Audrey Up to this point the soldiers had used little Shkuro and Caucasians under Gen. Klych annihilation.'' Many went on a hunger strike. Davies told the Cossacks that if they re­ violence. There had been pulling and tug­ Girey. All members of these units were as­ ging, but blows had not been struck. sumed to be Soviet, said the order, and "in­ sisted they would be loaded by force. Par­ ents would be separated from their children. What happened next puts the matter into dividual cases will not be considered unless a different category. Emigre Cossacks have particularly pressed." In other words, there Surely they did not want that? The special horror of the subsequent events written about it emotionally and at length. was a. presumption of "guilt." People were The British have stayed silent about it and to be handed over to certain imprisonment at Lienz is that they involved some 4,000 women and 2,500 children and amount almost some are still anxious to minimize its drama. and possible execution merely for failing to Davies described how an isolated pocket of assert strongly enough that they were not to an act of genocide, marking as they did the liquidation of a large part of the emigre 200 people was loaded onto the trucks: Soviet citizens. As those on the outskirts of the group Interpreter Olga Rotovaya was present Cossacks. The affair was not discussed in the British were pulled away, the remainder compressed while the officers were being loaded on May themselves into a still tighter body, and, as 28: "Some of their wives were crying and or American press at the time. It suited both sides, the Soviet Union as well as the panic gripped them, started clambering over begging me as interpreter to ask the British each other in frantic efforts to get away officers whether their husbands would return. West, to keep the whole question of forcible repatriation quiet. from the soldiers. The result was a pyramid "Of course they will," the officer told me. of screaming, hysterical human beings un­ "Try to calm the women down. There's no The former Cossack ataman, Vyacheslav Naumenko has called June 1 "the day which, der which a number of people were trapped. need for them to cry." The soldiers made frantic efforts to split this But the evening passed and there was together with the world Lienz, is inscribed in letters of blood.'' mass in order to try to save the lives of those no sign of the Cossack leaders. At eight people pinned underneath, and pick handles o'clock Rotovaya was told that some British The Cossacks were human beings and, al­ though they had no claim on the allles' loy­ and rifle-butts were used on arms and legs officers wanted an interpreter. to force individuals to loosen their holds. "Where are the Cossack officers?" she asked alty, they had a right to expect correct, de­ cent treatment from the army. It is on this One Briton says, "The whole thing went them. in and the centre rose up higher than a "They're not coming back," they told her. basis that one examines British documents on the affair, only recently opened to public man stands." Another says: "It wasn't the "Where are they?" soldiers who smothered them, it was them­ "We don't know. We are only British sol­ view. Alec Malcolm wrote a report which begins: selves. They were like a lot of sheep in a diers and we carry out the orders of our fog, all piled one on top of the other. I think superiors." At 0730 hours on June 1st I went with there were six suffocated to death.'' Davies Another woman interpreter, M. N. Leon­ Major Davies to Peggetz Camp .... At the writes in his report that all the Cossacks in tieva, asked British officers the next day camp I saw a very large crowd of people, this group had to be forcibly loaded and that whether or not the Cossack officers were to numbering several thousand, collected in a two died through suffocation. be handed over. She was assured that this solid square with women and children in Dimitri Frolov, one of the few Cossack the middle and men around the outside. A officers present at the scene, says: "They would not happen. They were safe and would body of 15 to 20 priests were assembled in be accommodated in good conditions. threw us into the trucks like sacks of pota­ one· part of the crowd, wearing vestments toes. I remember seeing the 17-year-old Rusty Davies finally was given the most and carrying religious pictures and banners. unpleasant task of breaking the truth: daughter of Sergeant Pastryulin. She was At 0730 hours these priests began to conduct a beautiful girl. I watched her being tipped They had a. sort of camp committee and a service and the whole crowd to chant. over the side of a truck head first. Then I I asked the heads of this committee to come The previous evening the priests had de­ saw her stand up in the truck, one hand together. They were quite horrifted when I cided to summon Cossacks to a huge open­ holding onto one of the iron struts, the told them, and I was petrified myself. You nir service. At 6 a.m. the priests walked in other holding her head which had banged see, they had implicit faith in me. That's procession around the camp, gathering people against the floor." why I feel sick about the whole thing. as they want, until by Davies' estimate there Frolov goes on: "One soldier came up to Zoe Polaneska, the young Russian girl, was a crowd of 4,000 gathered 1n a central Father Panteleymon. He grabbed the priest C:XX--2319-Part 27 36794 EXTENSIONS OF REMARKS N oventber 20, 1974 by his robe and tried to pull him out of the grassy bank and the man lying opposite people .who hated Stalin and all he stood for. crowd. Father Panteleymon held out his them, a revolver in his hand. It is a thought that may well disturb those wooden cross towards him as if to ward him Zoe Polaneska and her friend were le~ to survivors of the Cossack Corps now living off. The soldier backed away." the train and pushed into one of the trucks. abroad in sad disillusionment. The women and small children were obvi­ A Bl'itish officer bandaged her knees and she Only someone familiar with the pro-Soviet ously easier to capture, and they could be took the opportunity to show him her Ger­ atmosphere of those years and the reality of loaded with less violence. Often the fathel' man identity card (Ausweis), which showed world war can judge whether or not the vio­ of the family would see this happening. her nationality as Yugoslavian. She was able lence that they suffered at the hands of Many of the Cossack men tlung themselves to make the doctor believe she was not a Britain and the United States was unavoid­ from the mob to save a relative, and once Soviet citizen. He directed her to a special able, whether one can justify the cold deci­ they were out it was easier to seize them. part of the camp where non-Russians were sion to sacrifice Russian lives, initially in One British officer said, "I was witness to being held. order to save British lives, subsequently in many amazing incidents of fanatical fear By 11:30 tn the morning, the soldiers had order to advance American and British for­ and dread of the futUl'e they (the Cossacks) managed to load 1,252 people onto the train. eign policy. 'If the choice is be·tween hard- thought was in store for them-men out­ At this point, writes Malcolm, he did stop . ship to our men and death to Russians the stretched on the ground baring their chests the loading "in view of the inevitable in­ choice is plain,' wrote P. J. Grigg-in a state­ to be shot where they lay, women in a state juries intlicted." But elsewhere in the valley ment which many p"'ople today will .tlnd of frenzy." the operation continued, usually with vio­ shocking but which made perfect sense amid General Naumenko writes: lence. In all 6,500 Cossacks were sent to the the slaughter of war. Those were ruthless Soldiers beat the Cossacks about the east on that day. times and one detects more than a touch of heads with clubs. Blood was drawn, and The deportation continued daily until on ruthlessness in the words of Foreign Secre­ as the men lost consciousness the soldiers June 7 General Keightley was able to re­ tary Anthony Eden who recommended the picked them up and threw them into the port: "Hand-over of cossacks complete with Yalta Agreement to his Cabinet colleagues, trucks ... Some of them regained conscious­ exception of stragglers yet to be rounded up who acknowledged that it would mean send­ ness aud jumped out of the trucks, where­ and sick still under medical care." By that ing Russians to their deaths but concluded upon they were grabbed, beaten again and date, 35,000 Cossacks had been delivered. that 'it is no concern of ours what measures thrown back in. any Al11ed government, including the Soviet His allegations are l'ejected most strong­ A WARTIME MORALITY IN RETROSPECT government, takes as regards their own na­ ly by Col. Alec Malcolm. "The Cossacks were tionals,' that •we don't want them here' and Today few would deny that the Yalta that 'we cannot afford to be sentimental traitors to their country and so they had to Agreement intlicted a severe injustice on pay the penalty." about this.' those many Soviet citizens-refugees, liber­ Once this policy was laid down the suicides At the back of the crush Zoe Polaneska ated prisoners of war-who were repatriated was being pushed tighter and tighter against and violence which followed could only have having in no way collaborated with Nazi been avoided if there were widespread dis­ the wall of one of the huts. Zoe was lifted Gennany. The evidence shows that many up by the mob to the level of one of the obedience in the field-an unlikely even­ of these people, quite innocent of any crime tuality at such a time. One must assume, windows. She was pressed against the win­ even under the harsh Stalinist criminal dow until suddenly the glass broke. The though, that the American and British lead­ upper part of her body fell into the inside code, were convicted by makeshift courts ers who took the decision did not realize that of the hut, but her legs remained outside, and spent 10 yeaJs in corrective labor camps. the violence would be quite so bad. They impaled on the jagged glass of the broken Perhaps even more shocking is the fate anticipated having to hand Russians over to window. f:;he says: "My legs were cut to rib­ of the rest, ·several million people, who rough justice and possible execution, but bons. Blood was streaming down and I · though not brought to court were imprisoned they did not realize that hatred of the Bol­ couldn't feel them-that was my worst wor­ for many years. Their detention was sup­ sheviks was so strong among the hard core of ry. I just lay there until someone came and posed to last only a short time, to allow the recalcitrants. They did not foresee that thou­ threw my legs over the window and into the collabora.tors to be sorted out from the hon­ sands would resist repatriation in pitched hut." est men, but in fact it lasted for years and battles, that many would commit suicide, The crowd was also pressing against the no attempt was made to process and release that a man would murder his wife and chil- · tall wooden fence. Suddenly it burst. People the innocent inmates. Meanwhile they suf­ dren and that mothers would drown their poured through the gap. Then, in Roto­ fered the same cold, hunger and life-sapping babies 1·ather than have them returned to vaya's wo1·ds, "they scattered in all direc­ hard labor that the convicted men endured. the Soviet Union. tion like hunted hares. . . . Everybody had And they died in the same huge numbers. One must hope that, had they foreseen The case of those who collaborated with this, they would not have signed such a rigid the same idea: "Soon it will be my turn. Nazi Germany is more difficult. There can be They'll grab me and throw me into a truclt. no doubt that they were guilty of treason un­ agreement. A short journey and there I'll be, face to der Sovie·t law, as they would be under the face with the Bolsehvik hangmen." law of any country. Tllere are those who will Not surprisingly, the nightmare turned feel that this is the end of the matter, that many Cossacks to thoughts of suicide. Frolov they were traitors who deserved no better TRIBUTE TO HON. JOHN F. SHELLEY says, "I got into the woods and saw several fate than the one they received, either execu­ people there hanging from trees." More terri­ tion or years of torment in the camps. HON. JAMES A. BURKE ble stm were the suicides that took place on But there are also those who will feel that the bridge which spanned the river Drau. morally, if not legally, the Soviet judges had OF ~ASSAC~SETTS Rotovaya writes, "The river seemed our uo right to condemn these men. Rebecca IN THE HOUSE OF REPRESENTATIVES only salvation. One jump into the raging West in her book The Meaning of Treason Wednesday, November 20, 1974 stream and all would be ended. Many people has put forward the idea that a citizen owes made for the bridge, most of them aiming loyalty to the country which gives him pro­ Mr. BURKE of Massachusetts. Mr. to escape into the hms, but a few resolved tection, and that consequently a citizen can· Speaker, it gives me great pleasure to to end their lives." Women and children not commit treason if his country has given jumped off the bridge into the water. join my colleagues in the House of Rep­ him no protection by its laws. By this stand­ resentatives to pay tribute to former What shocked the soldiers most of all ard there would certainly be many millions of was that the Cossacks were not only drown­ Soviet citizens who owed no loyalty at all Congressman John F. Shelley. Mayor ing themselves, but also their children. One to the Soviet Union under Stalin. The repres­ Shelley had served his city, San Fran­ such case is described by Fyodor Kubanski: sions, confiscations and deportations were cisco, and his State, California, for over A young woman with 2 small children ran so massive in that country during the 1930s 40 dedicated years. His main interest was to the edge. She embraced the first child for that the Soviet government can well be said in organized labor, being elected to the a moment, then suddenly tlung him into the to have sacrificed the loyalty of large num­ San Francisco Labor Council and later abyss. The other child was clinging to the bers of citizens. (With actual war criminals, serving as president of the Califo111ia bottom of her skirt and shouting, 'Mama, Soviet citizens who committed atrocities and murders against their own people, the State Federation of Labor. Beyond his don't? Mama, I'm frightened I' 'Don't be 8 years in the California State Senate, afraid, I'll be with you,' the frantic won"lan moral issue is plain, they deserved retribu­ tion.) he was elected to the House of Repre­ answered. One je1·k of her arms and the Many people faced a severe moral dilemma sentatives in 1950 and served the people second child was tlying into the rushing in that they could not fight against Stalin, of California in this capacity for the next waters of the River Drau. Then she l'aised whom they hated, without also fighting six consecutive terms. He returned to her arms to make the sign of the cross. 'Lord, against the Soviet people to whom in spite San Francisco in 1964 to become mayor 1·ece1ve my sinful soul,' she cried, and leapt of everything they belonged. And although in after her children. more than a. million of them made this choice of that city. Davies's most terrible memory is of a and fought with their enemy, they were al­ I would like to take tllis opportunity to Cossack who first shot his wife and three ways a minority. The majority, n.nd by the praise former Congressman Shelley on children, then shot himself. He found them end of the war almost the whole Soviet peo- his dedication to the people of California, 11 imself by a sharp dip in the ground, the ple, fought bravely and nobly against the ·an example which my colleagues should wife and chlldren lying side by side on a Nazi aggressor, even, one must assume, many be proud to acknowledge. November 20, 1974 EXTENSIONS OF REMARKS 36.795- POLISH AMERICANS CONGRESS Mrs. Elmira Kluvo, vice president; Mrs. can muster toward the highest achieve­ HONORS CASIMIR PULASKI· Stecki, secretary, and Mrs. Emily McEl­ ment life has to offer. roy-its· board of directors and its mem­ That we go forth with the· highest· HON. JOSEPH .M. GAYDOS . bership for preserving this piece of achievement might well be: Americana. To instill into our youth strength of OF PENNSYLVANIA character. IN THE HOUSE OF REPRESENTATIVES To provide leadership for community Wednesday, November 20, 1974 and church. IN MEMORIAM-BRICE UNION To teach, but through teaching to Mr. GAYDOS. Mr. Speaker, during the TAYLOR recent recess the Western Pennsylvania learn. State Division of the Polish American To stand firm, and tall and confident Congress honored one of their people Hon. Yvonne Brathwaite Burke in life's darkest moments. To lo~e. to und~rstand, and to pray. who carved · a niche for himself in the OF CALIFORNIA To make a home for the homeless annals of American history with his ex­ IN THE HOUSE OF REPRESENTATIVES ploits during the War for Independ­ children. Wednesday, November 20, 1974 Mr. Taylor leaves behind a devoted ence-Gen. Count Casmir Pulaski. wife Dora, a retired teacher and gradu­ Born to nobility, General Pulaski Mrs. BURKE of California. Mr. ate of USC and three children, Cyrus, fought with his father, Count Joseph Speaker, I rise to request the privilege Henry, and Dora Ada. He once said that Pulaski, against the domination of Po­ of the House to say a few words about he had a beautiful life and I sincerely land by Stanislaus II in 1768. They bat­ Rev. Brice Union Taylor, associate hope his loved ones will continue to en­ tled valiantly but eventually their out­ pastor of the First African Methodist joy a beautiful life. numbered forces were crushed and the Episcopal Church in Los Angeles and the family estates confiscated. Pulaski, how­ first all-American football player at the ever, would not give up the fight. He University of Southern California who fled to Turkey in 1772, spending several succumbed September 18, in Downey, REMARKS OF GENERAL BROWN years there in a futile attempt to enlist Calif. · Turkish support against Russia. Finally, Reverend Taylor was a direct de­ penniless and destitute, he made his way scendant of the great Indian Chief HON. EDWARD R. ROYBAL back to Paris where arrangements were Tecumseh. He was born on the Fourth OF CALIFORNIA made through Benjamin Franklin to of July, 1902, and rose from his first job IN THE HOUSE OP REPRESENTATIVES bring him to the United States for serv­ as a janitor to become a college presi­ Wednesday, November 20, 1974 ice in the war against England. dent in Texas, a coach, and a doctor of After receiving his commission in the divinity. Mr. ROYBAL. Mr. Speaker, I would Continental Army, Pulaski reported to Although born without a left hand, he like to bring to your attention the de­ General Washington and fought with excelled in football, basketball, and famatory remarks made by Gen. George distinction in the Battle of Brandywine track, bringing a number of firsts to his S. Brown, Chairman of the Joint Chiefs in 1777. Throughout his career in Amer­ college alma mater. of Staff. In a public address to law stu­ ica, he held various command positions In the spring of 1925 he was a sprinter, dents at Duke University, General Brown and on October 9, 1779, was severely hurdler, and relay runner on the USC spoke in an ill-advised and clearly wounded leading a cavalry charge track team which startled the Nation by bigoted manner concerning military as­ against the British. Pulaski was taken winning the IC4A championship at the sistance to Israel and Jewish lobbying aboard the American ship Wasp where University of Pennsylvania. influence in Congress. General Brown's surgeons were unable to save his life and Reverend Taylor won the 100-yard comments show an irresponsible attitude he is believed to have died on October dash with a 9.8 time, won the 220-yard toward his public utterances and a dis­ 11. It has never been established high hurdles, and was the lead runner tinct lack of commonsense judgment.· whether General Pulaski was buried at on the mile relay team that broke the Such remarks can only serve to weaken sea, beneath the oaks on St. Helena's world record that memorable day in the principles of religious freedom and Island, or at Greenwich, Ga. Philadelphia. tolerance upon which this country was However, for the past 29 years, the In 1924 he was the starting fullback founded. Polish-American Congress has paid on the USC grid team. The following In particular, the general's statements tribute to this gallant soldier and it was year, Coach Howard Jones moved Tay­ that Jews control the major banks and r.::y privilege to address this year's ob­ lor to running guard. During that sea­ newspapers in this country are to be servance, which was held in the Polish son, Mr. Taylor was on the field for all deplored. These remarks are both stereo­ Falcon Auditorium at 97 South 18th but 4 minutes of USC's 11 games, and he typed and untrue; further, they are seri­ Street in Pittsburgh, Pa. was named an All-American by Collier's ously damaging to the Jewish people in Among the personalities taking part in magazine and International News Serv­ that they tend to grossly misdirect blame the program, October 26, were: Henry ice. His record for minutes played in a toward them for our present economic J. Zygmunt, president of the Western single season still stands at USC. dilemma. In reality, Americans of the Pennsylvania Division of the PAC; Rev. Brice Taylor was a powerful man Jewish faith own less than 3 percent of Marcel Pasiecznik of the Franciscan physically, intellectually, and spiritually. the newspapers in this country and less Fathers; Francis Lysakowski, ·commis­ These attributes are evident in his ac­ than 1 percent of the banks. So-called sioner of .the Polish National Alliance; complishments on the athletic field, his Jewish "control" of these institutions is Stephen Grabowski, director of the Po­ achievements in the field of education an all too familiar and pernicious lish Roman Catholic Union; Mary R. and his dedication to the human rights canard. Stecki, directress of the PRCU; Rev. of all peoples. A concept he practiced as Further, the general's statements con­ Miroslaw Wojcicki, assistant pastor of a member of the clergy. cerning a Jewish lobby manipulated by St. Josaphat's Church; Viola Smykla Just as in his coaching days there was a foreign power are both anti-Semitic Steel, vocal soloist and Gertrude Gun­ no generation gap so was he able to re­ and un-American. Such remarks serve ther, her accompanist; and Walter J. late to people in the game of life. He was to negate the valuable contributions Laska, president of the Polish Falcons a man of strong moral values, there was made by American Jews to all aspects of of America. mutual respect, deep understanding, and American life. Mr Speaker, Polish Americans are love. Neither time, nor age, nor status, Much as I am distressed by the con­ justifiably proud of their contributions nor pride served to strip away the easy tent of General Brown's public discourse, to the heritage of the United States and camaraderie he shared with all who I am even more alarmed by the inter­ the Polish-American Congress should be knew him. ference by an officer of the military in commended for perpetuating the story The one thing I think Brice-"the the affairs of state. Such interference is of Gen. Casimir Pula.ski. I salute the mightiest Trojan of them all"-would an affront to all who respect our system officers of the Western Pennsylvania Di­ ask of us is that we continue in the di­ of checks and balances. visf.on of the PAC-Mr. Zygmunt, presi­ rection his life, like a compass pointed. General Brown's allegations against dent, Mr. Lysakowski, vice president; That we go forth with all the efforts we the people of the American Jewish com- 36796 EXTENSIO.NS OF REMARKS 1-f O'Ve?nber 20, 19 74 munity are nonfactual and racist. Such lbs. per am-e average. One finds the farmer's 35% cents per gallon. Fertilizer has go~e statements impair the dignity and credi­ yields going down while at the same time, from $60 a ton two years ago to $240, if his 90sts are going up. AB one farmer esti­ it can be found on today's :market; bility of his high office. As a Member of mated it, he could have produced two of the Barnett was approached with the idea of Congress, I call on President Ford to 600 lbs. per acre crops on the dollru'S it has liquidating, turning his· estimated $325,000 exercise appropriate disciplinary action cost to produce the 350 lbs. per acre. into cash. He could walk off of the street in this matter. The same thing 1s happening to soybeans. into a bank in Blytheville, to any teller's Last year the yield was 31 bushels to the window, put his $325,000 into a certificate acre. At this writing, the average per acre of deposit savings account, long-term at 7 is 22 bushels with a good chance of the aver­ per cent and without turning a hand would aging going down. earn $22,750 per year, or he could put the THE CROP GAMBLE: WILL THE The farmer makes the professional gambler money in a short-term ac.count of renewal FARMER WIN IN 1974? look like penny-ante players. T'is doubtful every three months at over 9 per cent. there is any other group of people who put If the idea had ever occurred to Barnett, their security along with all they possess on he didn't mention it and seemed to push the HON. BILL ALEXANDER the line so completely as do the farmers year idea from his mind at once. after year. If a dirt farmer, in any given year Ruth, Barnett's wife, came to the field OF ARKANSAS rolls snake eyes (loses a complete crop} about 10 o'clock, one morning. Clide had IN THE HOUSE OF REPRESENTATIVES many of them are out of business either to been on the job ·since 5 a.m. He had three Wednesday, November 20, 1974 ~nd other jobs or start back at the bottom combines in the field. to climb the unsteady ladder of the profes­ Ruth had brought coffee and to report Mr. ALEXANDER. Mr. Speaker, as we sional gambler. some of the morning activities. Such as, the become ·more and more concerned with Clide Barnett lives in Keiser, Barnett farms man would come to lay the cutstone and rising food and fiber prices and work on 4,200 acres of the Delta land. The 4,200 acres the brick would be in. Mary Jane Kay, an new agricultural legislation, I think it is puts Barnett in the big farmer (gambler) elderly lady of 100 years, had walked into imperative that each one of us have a class. The average farm for Mississippi the Valley of the Sleeping and the funeral County, according to the 1969 Agricultural would be on Saturday. clear understanding of the problems and Census was 441 acres. This, simply put, means Ruth then teased Clide for not having risks faced by the American farmer to­ Barnett will have nine times the loss of his shaved bef01·e going to work. A way of 11fe. day. average-size farmer neighbor in the event Simple? Anything but. Change their way of Fuel, equipment, fertilizer, seed, and he draws a losmg hand. life? Only if forced. labor costs have all skyrocketed. Yet, Clide inventories 11 tractors and acces­ In another few weeks for Mississippi these are areas where the average farmer sories, three combines, th1·ee cottonpickers County at least, the cotton and soybeans can do very little corner cutting. Once with a total inventory of an estimated may be out of the fields. All have lost in he makes these investments, a few days $325,000 on today's market. comparison to the '72-73 season but not so It staggers the imagination to think that completely that they will not take a hand of bad weather can wipe him out. In nearly $200,000 of Barnett's money 1s tied up in t1'1e new game in the '75 season. some years, he would do just as well to in equipment used only from six to ten In fact, approximately 50 percent of the make his gamble at a Las Vegas casino. weeks out of the farming year. fa.rmers have already taken their cards in It would be a lot more fun, less work, Combines are in use from eight to ten that they have planted winter wheat. Bal'­ and he would know in 1 night whether weeks; where.a.s, the cottonpicker is worked nett has planted 800 acres of wheat. If Lady he could afford to feed his family for the from six to eight weeks. Barnett estimates Luck smiles upon him, it should yield about the cost to replace his combines on today's 35 bushels to the acre. next year. market to be $80,000. His cottonpickers are I would like to include in the RECORD If the Fickle Lady dces not smile, Barnet~ valued at approximately $105,000. For the could be looking for 40 acres and a used at this point an article from the Blythe­ cottonpicker, Barnett's figures are not far tractor along with tools to start over, or a ville Courier News which outlines the wrong. One dealer said he sold the '73 model grease-monkey job, anything to feed the various obstacles the farmer must meet cottonpicker for $26,000, t he '74 model for family until he could find a way to take and overcome in order to have a success­ $29,800, and the '75 model would go up in an.other hand to play in the big gl'lme of ful year and produce the food crops to price $7,500 to mp).ce the new cottonpicker farming once again. cost $37,300. These are base prices. feed and clothe his family and the rest On September 13, 1974, Barnett purchased of the Nation: a new combine, the cost was $28,797.26. Just {From the Blytheville Courier News, Nov. 20, to look at the figure, $28,797.26, passing 1974] over it without thought, one is apt to shrug AMERICA'S BUSINESSMEN THE CROP GAMBLE: IN 1974, THE FARMER MAY his shoulders with a "so-what" attitude. EEOC-A NIGHTMARE FOR BE A LOSER But look at those figures again. With this (By Jim Branum} in mind, Barnett bought a combine on Nov. 15, 1972, with trade-in and interest, at HON. JOHN M. ASHBROOK Indian summer weather came in early a cost. of $16,180.96. In just two years there OF OHIO October laying beautiful upon the land of has been a $12,616.30 price increase, or the IN THE HOUSE OF REPRESENTATIVES Northeast Arkansas. Wherever the eyes fall, price of a modest home. the view was that of combines and cotton And the machine will only be used for Wednesday, November 20, 1974 pickers, man and machine working to beat eight to ten weeks then set up and depreciate Mr. ASHBROOK. Mr. Speaker, the the wind and rain sure to come. Thus, if not for the next 11 months. the greatest game of chance played by man, Putting more emphasis on the $28,797.26 u.s. Equal Employment Opportunity certainly farming would be the next in line and the home idea, Barnett could have Commission-EEOC-is a relatively new as the '74 season nears its end. bought in his hometown of Keiser a newly Federal agency. Despite its short period All bets are in, the pot 1s being counted, constructed brick home with $14,000, putting of existence, however, it is already well whether it 1s win, lose, or draw is not known, the other $14,797.26 in a certificate of deposit known inside our Nation's business yet all estimated yields ru·e down. The farm­ s.avings account at seven percent. There ers knew the deck was stacked early in the community. would be enough to pay the taxes and up­ As most businessmen have learned, the season. keep on the new home. For instance, at the end of April when When it comes time to take a hand in the EEOC determines whether a company has cotton should have been planted, the Mother new game at the beginning of the farming hired and properly advanced enough Nature played her bad weather card. Thus, season, Barnett antes up, puts in the pot minorities within the company organiza­ it was the middle of May and later before his estimated inventory of machinery and tion. Failure to do so can·result in a Fed­ cotton could be planted. equipment of $325,000. eral discrimination suit by the EEOC Late August proved once again that the Then he borrows money to buy seed, to against the company. farmer was playing against a stacked deck. pay the 12 farmhands, eight of them The weather turned cool. whether they work or not on a weekly basis. America's businessmen have also dis­ Results of the cool weather was cotton This is the price Barnett wlll pay to take covered that the EEOC is an ever­ plants with beautiful foliage but fruit which new cards or his turn at the dice in the next worsening nightmare. Actions taken by did not mature, leaving bolls the cotton game of chance. that agency are resulting in more Gov­ picker would be unable to haryest. Thus, The odds the farmer is against are the ernment red tape, harassment by low­ adverse conditions have cost the Mississippi whims of nature and tbe market and, of level bureaucrats, and additional costs County cotton farmer, on the overall aver­ of doing business. age, 150 lbs. of cotton per acre compared cout·se, bad health has to be considered. to the '73 season when p

"§ 518. Date of publication to appear on first would emerge one group so powerful that Constitution which allows Cong~·e~s to do page. no one would be able to oppose it effec- whatsoever it pleases. On this point I "The date of publication of any material tively. This is the path from unlimited would like to quote Jefferson: for which the printing 1s done at the Gov- democracy to unlimited dictatorship. In [T]he laying of taxes 1s the power, and ernmen.; Printing omce, or which 1s printed both forms of government the constant the general welfare the purpose for which pursuant to section 502, 603, or 604 of this th limit d t of the title shall appear on the first page on which factor is e un e na ure the power is to be exercised. They [Congress 1 ther~ is printing in the material.". power that is possessed by the ruler, are not to lay taxes ad libitum for any pur­ pose they please; but only to pay the debts SEc. 2. The chapter analysts for chapter 6 whether that ruler be a majority or a or provide for the welfare of the Union. of title 44, United States Code, is amended single man. The emergence of the dicta­ In like manner, they are not to do anything by adding at the end thereof the following tor will act as a curb on the appetite for they please to provide for the general wel­ new item: . power in some people and will probably fare, but only to lay taxes for that pur­ "518. Date of publication to appear on first be welcomed by most of the people, for pose. page.". it will stop the chaotic conditions that Now read what James Madison wrote prevail in such an unlimited democracy. in the Federalist: Right now we are seeing the expansion Some who have not denied the necessity SOCIALIZED MEDICINE-THE of the civil warfare of democracy by of the power of taxation have grounded a CONSTITUTIONAL PROBLEMS pressure groups and politicians intent very fierce attack against the Constitution upon socializing our still private medical on the language in which it is defined. It care system. The struggle will not end has been urged and echoed that the power HON. EARL F. LANDGREBE until: First, socialized medicine is a real­ "to lay and collect taxes, duties, imports, OF INDIANA ity· or second, we return to the concept and excises, to pay the debts, and provide for the common defense and general welfare IN THE HOUSE OF REPRESENTATIVES of iimited government. and recognize the of the United States," amounts to an unlim­ Wednesday, November 20, 1974 Constitution, not the Gallup poll, as the ited commission to exercise every power source of authority in our system of gov­ which may be alleged to be necessary for the Mr. LANDGREBE. Mr. Speaker, per­ ernment. If the first of these things hap­ common defense or general welfare. No haps the aspect of the debate about so­ pens, then our descent into a totalitarian stronger proof could be given of the distress cialized medicine that receives the least society-a society in which the govern­ under which these writers labor for objec­ attention is the problem of the consti­ ment has unlimited, total power, is guar­ tions, than their stooping to such a miscon­ tutionality of such a program of struction. anteed. However, if we return instead to Had no other enumeration or definition of fedmedicine. I believe that this lack of the idea of a limited government, then the powers of the Congress been found in interest in the problem of the constitu­ we will not be forced with the prospect the Constitution than the general expres­ tional basis for fedmedicine is due to the of socialized medicine and the totali­ sions cited, the authors of the objection prevailing opinion in this country that tarian State. This is because the Consti­ might have had some color for it; though the people are and ought to be rulers. tution does not grant the central govern­ it would have been difficult to find a reason Such an opinion leads logically to dis­ ment the authority to intervene in health for so awkward a form of describing an interest in the Constitution and avid authority to legislate in all possible cases .... care in this manner. Anyone who pre­ But what color can the objection have, interest in public opinion polls as the tends to see a constitutional justifica­ when a specification of the objects alluded proper guide for legislative action. For tion for socialized medicine or I"ational to by these general terms immediately fol­ that reason we are regaled with the health insurance has a very vivid imagi­ lows and is not even separated by a longer latest news from the pollsters a~out the nation. Those people who can see justi­ pause than a semicolon? ... Nothing is public's feeling about the "health-care fication for their Socialist programs in more natural nor common than first to use crisis" and the proposed "cures." Gov­ the Constitution are usually the same a general phrase, and then to explain and ernment by public opinion is precisely qualify it by a recital of particulars. But people who accuse conservatives of im­ the idea of an enumeration of particulars what the founders of the American Na­ agining Communists under every bed. which neither explain nor qualfy the general tion sought to avoid. They recognized They attribute their powers of imagina­ meaning and can have no other effect than that there is not, nor ought to be, any tion to everyone else, particularly to to confound and mislead, is an absurdity. . . unlimited power on Earth, so they estab­ those with whom they disagree. If there It would appear that the meaning of lished a government limited by the Co:n• is a constitutional justification for so­ stitution. The Constitution, as any reader the "general welfare" clause is quite cialized medicine, let the proponents of clear, yet the Supreme Court, the New of the Federalist would know, was de­ fedmedicine point it out. If there is no signed to limit the powers of government Deal Supreme Court interpreted it to be constitutional justification for socialized equivalent to an unlimited grant of au­ so that no single man nor group of men medicine, then let the proponents of fed­ can use the government to achieve any thority to the Federal Government. By medicine keep silent-or let them say this misinterpretation of the Constitu­ ends they desire. The limitations apply publicly that they do not recognize the as much to the will of a majority as to the tion, it was transformed from a limita­ Constitution as the basis of this Govern­ tion on Government into an authoriza­ will of one man. In the basic questions of ment's authority and that their programs government, counting noses is to have as tion for any action the Government are aimed at destroying the Constitution. wished to take. little place as sovereign decrees by a king. I suspect that they will not do the lat­ But our modern politicians-and I am The Constitution was subverted by its ter, for it would make unmistakely clear interpreters-there was no real need to afraid too many of the American people the antifreedom bias of the proponents themselves-tend to think that majori­ amend it; there was no need to defy it of socialized medicine. I believe that they openly. It is undoubtedly this deliberate ties do make right, that if the people will do what subverters of governments want it, they should get it and get it misinterpretation of the Constitution have always done: claim that they are that will be offered as the justification when they want it. I disagree. The tyran­ acting within the established and legiti­ ny of the majority-for it is a tyranny for socialized medicine, if any constitu­ mate order. The proponents of fedmedi­ tional justification is attempted at all. when its power is unlimited-can be as cine will claim constitutional justifica­ oppressive and as lethal as the tyranny And that, I submit is no justification at tion for their programs-probably the all. If, as Madison said, Congress was to of one man or a small group of men. Un­ "general welfare" clause of the Consti­ limited power in the hands of any man have broad legislative powers, why was tution. Unfortunately, such a claim must an enumeration made? More funda­ will result in a limited life expectancy be based upon misrepresenting of thEJ for other men. In a democracy, the ma­ mentally, if Congress was to have un­ jorities are always changing-one may meaning of the clause, and an appeal to limited powers, why is there a consti­ be in a majority one day and in a minori­ ignorance of what the meaning of the tution at all? The New Deal Supreme ty the next. Far from curbing the appe­ clause is, an ignorance that apparently Court interpretation of the "general wel­ tite for power, as some have suggested, reaches to the highest levels of govern­ fare" clause must be rejected not only this continual changing of the majorities m ent. The proponents of fedmedicine because that meaning was not intended would result in an increasingly fierce would like everyone to believe that the by the framers of the Constitution, but war of everyman against everyman, as "general welfare" clause which appears also because it makes the Constitution each struggled to impose his viewpoints in article I, section 8 of the Constitution blatantly self-contradictory. on others. The result would be that out is an independent grant of power over It asks us to suppose that the framers, of this civil war of pressure groups there and above the powers enumerated in the intent on limiting and restricting the 36800 EXTENSIONS OF REMARKS November 20, 1974 powers of government, inserted language Our State Department is accused of tilt­ sions about what is relevant to Watergate which destroys all limits and removes all ing its diplomatic policy toward South .and what is not. It would also enjoy the restrictions on the power and authority Africa and other African countries domi­ public's confidence that all the pertinent nated by whites. Africans are proud and do tapes and documents, including those of Congress. Quite frankly, I cannot be­ not have much of a problem-if they wish­ lieve that to be the case, and I do not be­ to expand their markets to Russia and China. subpenaed but never delivered to the lieve the American people wlll accept it Our shortsighted African diplomatic pollcies Judiciary Committee, will finally be either, once the issue is made clear. may well short circuit our economic future. available for public and scholarly scrtt­ We come then to the conclusion that Who wm pay the price? Mlllions of American tiny. the case for the constitutionality of so­ -consumers. This is Simeon Booker in Wash­ There are a number of other deficien­ cialized medicine rests upon a grave and ington. cies ins. 4016, as passed by the Senate, deliberate misinterpretation of the Con­ which the Committee on House Ad­ stitution. We can only conclude that if ministration will certainly be consider­ a misinterpretation is the best argument PUBLIC RELEASE OP THE NIXON ing. However, I am convinced that a care­ for the constitutionality of socialized TAPES: A BETI'ER APPROACH ful examination of this bill will con­ medicine that can be offered, then fed­ firm that discretionary judgments are medicine is unconstitutional and Ulegal unavoidable and that such decisions are As long as the-re is no constitutional jus­ HON. JOHN CONYERS, JR. better left to a panel of experts than tification for it, all the Gallup polls ever OF MICmGAN to a political appointee whose only pre­ taken cannot lend one iota of legitimacy IN THE HOUSE OF REPRESENTATIVES vious involvement with the matter was as to the Federal medical programs about to Wednesday, November 20, 1974 a party to the agreement to be super­ be imposed on the American people. seded. I do not believe that S. 4016, even We have been hearing a lot about a Mr. CONYERS. Mr. Speaker, I wish to with possible amendments, provides the government of law, not of men, lately. It call to the attention of my colleagues a most desirable approach to public re­ never ceases to amaze me that those who bill I have introduced today to provide lease of all Watergate-related materials. are talking most about a government of for the public release of all tapes and Instead, I urge my colleagues, and law are the same people who are always documents relevant to the crimes of the especially the members of the Commit­ clamoring about the will of the people, Nixon administration. I believe that the tee on House Administration, to consider and how the people should rule. They approach embodied in my blll, which my proposed Commission as a preferable cannot have it both ways. Either the creates a Special Historical Commission alternative approach. WhUe I recognize law in this case the supreme law of the on Watergate and Related Activities, is that some questions remain to be resolv­ land, the Constitution rules or men, ma­ more desirable and practical than S. ed, especially delicate matters of personal jorities, the people, rule. It cannot be 4016, which was passed by the Senate privacy, these questions are endemic to both. Personally I prefer the Constitu­ and is now being considered by the Com­ any legislation on the subject. tion as ruler, not some majority or some mittee on House Administration. I include the following: clique that wields enough influence and The essential problem which the Sen­ ate blll fails to confront is that some H.R. 17469 power to tum the Government to their A blll to establish a commission to obtain, own ends. For that reason I oppose so­ discretion must inevitably be exercised preserve, and provide access to copies of cialized medicine and all the horrors it in the process of determining which tape recordings and other documents con­ would bring. tapes and documents, or parts thereof, cerning Federal investigations into Water­ - are related to criminal or unconstitu· gate-related activities tional conduct. and which are not. Under Be it enacted by the Senate and House of the current provisions of S. 4016, all ma­ Representatives of the United States of SNUB OF AFRICANS terials which are not relevant to such America in congre8s assembled, conduct-or which are of no historical ESTABLISHMENT significance, whatever that means-­ SECTION 1. There 1s established a com­ HON. CHARLES C. DIGGS, JR. should be left in the sole custody of for· mission to be known as the Special Histori­ OF MICHIGAN mer President Nixon. The authority to cal Commission on Watergate and Related IN THE HOUSE OF REPRESENTATIVES determine relevancy is delegated to the Activities (hereinafter in this Act referred to as the "Commission"). Wednesday, November 20, 1974 Administrator of the General Services Administration. The current Admlnistra.­ DUTmS OF COMMISSION Mr. DIGGS. Mr. Speaker, recently the tor, Mr. Sampson, certainly cannot claim SEC. 2. The duties of the Commission shall distinguished journalist, Simeon Booker, to have the expert knowledge necessary be as follows: broadcast on national radio a message to make such determinations, and, with­ ( 1) to obtain, and provide for the organi­ on the subject of American foreign af­ out regard to his competence. he should zation of. copies of all tape recordings and fairs with regard to Africa. I believe be disqualified from this responsibillty other documents which the Commission de­ termines relevant to: this broadcast is an honest, realistic look because of his involvement in the very (A) the subjects included in the Articles at our policy, and I commend it to the tapes agreement this legislation is in­ of Impeachment recommended by the Com­ attention of my colleagues: with no claim to expertise. mittee on the Judiciary to the House of SNUB OF AFRICANS As a member of the Judiciary Commit­ Representatives and contained in the final Americans are caught 1n a. terrible 1n.fla­ tee, I have spent more days and weeks report made by the Committee pursuant to tion compounded by the threat of still than I care to remember mastering the House Resolution 803, agreed to on February higher prices for oil and minerals. The U.S. intricate details of the various events 6, 1974; has limited resources of these items. On the which are illuminated by the tapes and (B) the subjects investigated by the Sen­ other hand, Africa. has a rich storehouse. documents of the Nixon administration. ate Select Committee on Presidential Cam­ But by the manner in which our State De­ I am sure that anyone who has shared paign Activities which was created by Senate partment handles its diplomatic affairs in Resolution 60, agreed to on February 7, 1973; my Africa, no one would believe it. experience will agree that the dis­ (C) the subjects dealt with by the Com­ Let me give a few examples: cretionary decisions of relevancy, re· mittee on the Judiciary of the Senate in its Nigeria, an African country, supplies the quired by S. 4016, will often be too com­ considerations of the nominations of Richard U.S. with a quarter of our crucial oil sup­ plex and subtle to be left to a political Kleindienst and Elliot Richardson to be At­ ply. England's Queen Elizabeth rode to the appointee of the Nixon administration torney General and of L. Patrick Gray to be London airport to personally meet Nigeria's with no claim to expertis0. Director of the Federal Bureau of Investiga- head of state. General Yakubu Gowon. A Instead, the Commission created by my few months later, when Gen. Gowon ar­ tion; rived in the U.S. to address the United bill to exercise this discretion would be (D) the subjects investigated during the Nations as head of the Organization of composed of representatives from the 93d Congress by the Committee on Govern­ African Unity, President Nixon failed to House Judiciary Committee, the Senate ment Operations of the House of Representa­ make arrangements to see him. The Gen­ watergate Committee, the Special Pros­ tives with respect to Federal funds expended eral, leader of Africa's largest black nation, ecutor•s Office, former President Nixon, on Presidential properties; has never come here as an official guest. and the national historical and political (E) the subjects investigated by the Joint Zambia is the world's major producer of science associations. This Commission, Committee on Internal Revenue Taxation 1n copper but its leader since independence therefore, would possess the necessary its exa.Inlnatlon of the tax returns of former ten years ago, Kenneth Kaunda, ha:; never President Richard M. Nixon; been received as a White House guest. expertise to make the unavoidable deci- Novernber 20, 1974 EXTENSIONS OF REMARKS 36801 (F) the subjects of the hearings held (8) one individual appointed by the Pres­ individual the amount adjudged just by the during the 93d Congress by the Armed Serv­ ident of the American Polltical Science As­ court. ices Committee of the Senate on the bombing sociation. (f) (1) The Commission shall have power of Cambodia by the United States; and (b) A vacancy ln the Commission shall be to issue subpenas requiring the attendance (G) the matters which the Special Prose­ filled in the manner in which the original and testimony of witnesses and the produc­ cutor of the Office of the Watergate Special appointment was made. tion of any evidence for the purpose of Prosecution Force has consented to investi­ (c) If any member of the Commission who performing its duties. This attendance of gate. was appointed to the Commission as a Mem­ witnesses and the production of evidence (2) to provide, in accordance with the ber of the Congress leaves such office, or 1t may be required from any place within the regulations described in paragraph (S) of any member of the Commission who was United States at any designated place of this section, for complete public access to appointed from persons who are not officers hearing within the United States. the copies described in paragraph ( 1) of this or employees of any government becomes an (2) If a person issued a subpena. under section with special attention being given officer or employee of a government, he may paragraph ( 1) of this subsection refuses to to the copies of the tape recordings and other continue as a member of the Commission. obey such subpena or is guilty of contumacy, documents requested, obtained, or subpenaed (d) Members shall be appointed for the any court of the United States within the by the bodies described in subparagraphs life of the Commission. judicial district within which the hearing (A) through (G) of paragraph (1) of this (e) ( 1) Members of the Commission who is conducted or within the judicial district section in connection with the activities are full-time officers or employees of the within which such person is found or resides described in those subparagraphs; United States or Members of the Congress or transacts business may (upon application (3) to prescribe regulations providing for shall receive no additional pay on account by the Commission) order such person to ap­ the protection of and access to the copies of their services on the Commission. pear before the Commission to produce evi­ described in paragraph (1) of this section (2) While away from their homes or reg­ dence or to give testimony touching the mat­ and recognizing at least the following fac­ ular places of business in the performance ter under investigation. Any failure to obey tors- of services for the Commission, members of such order of the court may be punished (A) the need to restrict information which the Commission shall be allowed travel ex­ by such court as a contempt thereof. affects current or future national security; penses in the same manner as persons em­ (3) The subpenas of the Commission shall (B) the need to protect every individual's ployed intermittently in the service of the be served in the manner provided for sub­ rights to privacy and a fair trial; Federal Government are allowed expenses penas issued by a United States district court (C) the need to prevent the disclosure of under section 5703(b) of title 5, United under the Federal Rules of Civil Procedure the contents of illegally intercepted oral or States Code, except that per diem in lieu of for the United States district courts. wire communications, as described in section subsistence shall be paid only to those mem­ (4) Immunity.-No person shall be ex­ 2511(1) of title 18, United States Code; and bers of the Commission who are not full­ cused from attending and testifying or from (D) the need to provide a procedure where­ time officers or employees of the United producing books, records, correspondence, by interested parties are given an opportu­ States or Members of the Congress. documents, or other evidence in obedience nity, prior to the public disclosure of in­ (f) The Chairman of the Commission shall to a subpena, on the ground that the testi­ formation concerning these parties, to com­ be elected by the members of the Commis­ mony or evidence required of him may tend municate to the Commission any reason that sion. to incriminate him or subject him to a this information should not be made avail­ {g) The Commission shall meet at the call penalty or forfeiture; but no individual shall able to the public; of the Chairman or a majority of its mem­ be prosecuted or subjected to any penalty (4) to determine the appropriate body to bers. or forfeiture for or on account of any tran­ supervise the copies described in paragraph DrRECTOR AND STAFF saction, matter, or thing concerning which ( 1) of this section after the termination of SEc. 4. (a) The Commission shall appoint he is compelled, after having claimed his the Commission; and a Director who shall be paid at a rate not to privilege against self-incrimination, to testi­ (5) to report to the Department of Justice, exceed the rate of basic pay in effect for fy or produce evidence, except that such in­ the Speaker of the House of Representatives, level V of the Executive Schedule as de­ dividual so testifying shall not be exempt the minority leader of the House of Rep­ scribed in section 5316 of title 5, United from prosecution and punishment for per­ resentatives, and the majority and minority States Code. jury committed in so testifying. leaders of the Senate, any activity which is (b) The Commission may appoint and ( 5) All process of any court to which ap­ revealed in the copies obtained by the Com­ fi x the pay of such additional personnel as it plication may be made under this section mission. which has not been investigated by deems necessary. may be served in the judicial district where­ the Congress or Department of Justice, and (c) The Commission may procure tempo­ in the person required to be served resides which a majority of the members of the Com­ rary and intermittent services to the same or may be found. mission designate by vote as a probable viola­ extent as is authorized by section 3109(b) of SUPPORT SERVICES tion of law or of a public official's oath of title 5, United States Code, but at rates for office. individuals not to exceed the daily equivalent SEc. 6. (a) The Administrator of General MEMBERSHIP of the annual rate of basic pay in effect for Services shall provide to the Commission on a reimbursable basis such administrative SEc. 3. (a) The Commission shall be com­ grade GS-15 of the General Schedule, as support services and assistance as the Com­ posed of fourteen members as follows- described in section 5332 of title 5, United States Code. mission may request. ( 1) two Members of the House of Rep­ (b) The Librarian of Congress and the resentatives appointed by the Speaker of the (d) Upon request of the Commission, the head of any Federal agency is authorized to Archivist of the United States shall provide House at the recommendation of the Chair­ to the Commission on a reimbursable basis man of the Committee on the Judiciary of detail, on a reimbursable basis, any of the such technical and expert advice, consulta­ the House of Representatives; personnel of that agency to the Commission tion, and support assistance as the Commis­ (2) two Members of the House of Repre­ to assist it in carrying out its duties. sion may request. sentatives appointed by the Sepaker of the POWERS OF COMMISSION COURT ACTION House at the recommendation of the rank­ SEc. 5. (a) The Commission may, for the ing minority member of the Committee on SEc. 7. Except as provided in section 5(f) the Judiciary of the House of Representa­ purpose of carrying out its duties, sit and of this Act, the Federal District Court for tives; act at such times and places as the Com­ the District of Columbia shall have exclusive (3) two Members of the Senate appointed mission may deem desirable. jurisdiction and venue to hear any judicial by the President of the Senate at the recom­ (b) When so authorized by the Cmnmis­ proceeding brought by or against the Com­ mendation of the Chairman of the Senate sion, any member or agent of the Commis­ mission. Select Committee on Presidential Campaign sion may take any action which the Com­ mission is authorized to take. TERMINATION Activities created by Senate Resolution 60, SEc. 8. The Commission shall cease to exist agreed to on February 7, 1973; (c) The Commission may secure directly from any department or agency of the United two years after the date on which all its (4) two members of the Senate appointed members have been appointed. by the President of the Senate at the recom­ States information necessary to enable the mendation of the ranking minority member Commission to carry out its duties. Upon of the Senate Select Committee on Presi­ request of the Chairman of the Commission, dential Campaign Activities described in the head of the department or agency con­ paragraph (3) of this subsection; cerned shall furnish such information to the ONE GRANT WE DO NOT NEED ( 5) two individuals appointed by the Spe­ Commission. (d) The Commission may initiate, con­ cial Prosecutor of the Office of the Watergate duct, or be a defendant in, judicial pro­ HON. ROBERT HUBER Special Prosecution Force; ceedings necessary to carry out, or related to, J. (6) two individuals appointed by the its duties. OF MICHIGAN President of the United States without the If IN THE HOUSE OF REPRESENTATIVES (e) a Federal court of competent juris­ ) advice and consent of the Senate; diction should decide that any authorized Wednesday, November 20, 1974 (7) one individual appointed by the Pres­ activity of the Commission deprives any in­ ident of the American Historical Association; dividual of private property without just Mr. HUBER. Mr. Speaker, it was with and compensation, the Comn1isslon may pay the some amazement I read in the Detroit 36802 EXTENSIONS OF REMARKS Nove1nber 20, 1974 F:ree Press of October 2, 1974, that U.S. year includes a drop of $35 in the farm share ent welfare system. If that is not bad Department of Agriculture had author­ and an increase of $182 in the portion for enough, some experts contend that the middlemen. The farmer's share was reported HEW estimate is far too low. Perhaps ized a $93,352 research grant to :find out down 4.6 per cent from September 1973 whlle whether chitterlings-prepared from pig tbe middleman portion-also called a mar­ as many as 60 million would qualify for intestines-are harmful to human keting spread-rose 21 per cent. benefits, well over one-fourth of the en­ beings. If President Ford and the Con­ An official report issued with the figures tire population. gress are serious about balancing the said farmers received sharply less money for All of this means an even more costly Federal ·budget here is one item we do meat animals and fresh vegetables during welfare program. HEW estimates that not need. the last month while they got more for an additional $3 billion in Federal out­ poultry and eggs. lays would be needed. Many believe the The USDA market basket figures reported the retan price of beef averaged $1.416 in actual cost would be far higher. MIDDLEMEN TAKE BIG BITE September, down from $1.434 in August on In summary, enactment of the income an all-cut basis. The record was $1.50 last supplemental program would only January. worsen our welfare pro~lems. More peo­ HON. JOHN M. ZWACH Officials said the farm share of the retail ple would be on the Federal dole and OF MINNESOTA beef price was 85.2 cents a pound, compared more money would be spent on welfare IN THE HOUSE OF' REPRESENTATIVES with 97.7 in August. The middleman share was 56.4 cents, up from 45.7 the previous benefits. I do not believe that this is the Wednesday, November 20, 1974 month. . desire of the majority of Americans. Mr. ZWACH. Mr. Speaker, I welcomed The farm share Is not what farmers get for live cattle since it takes nearly 2.3 pounds the news today that the school lunch pro­ of live steer to make one pound of super­ gram will be buying more frozen and market beef. It is however, their share of FOI VETO IS BLOW TO AMERICAN canned beef for our Federal-State child what consumers pay for beef. DEMOCRACY nutrition programs. Retan pork averaged $1.099 a pound, up This is one area where the beef in­ from $1.087 in August. The record was $1.315 dustry can be helped. But we need help in August last year. HON. BILL ALEXANDER along other lines as well, one of them The farm share of pork at the retail level OF ARKANSAS was 61.6 cents a pound, down from 64.5 in being a way to hold down on the spread August. Middlemen got 48.3 cents, up from IN THE HOUSE OF REPRESENTATIVES between what the farmer is paid for meat 44.2 a month earlier. Wednesday, November 20, 1974 on the hoof and the price the consumer Retail milk prices averaged 77.3 cents a pays over the counter. aile-half gallon, down two-tenths of a cent Mr. ALEXANDER. Mr. Speaker, I am In this regard, I would like, with your from August. proud to represent a State which has one permission, to insert into the RECORD, a of the most progressive State freedom recent news story in the St. Paul Pioneer of information statutes in this country. Press dealing very ably with this subject: In my work on the Government Opera­ MIDDLEMEN TAKE BIG BITE FAMILY ASSISTANCE PLAN RESUR­ tions Committee and on the floor of the House, I have regularly voiced my sup­ WASHINGTON .-The l'ete.il COSt of a theo­ RECTED ONCE AGAIN retical "average" household's yearly supply port for opening up government to the of groceries jumped another $25 in September HON. JOHN M. ASHBROOK people it serves. I was proud to be a spon­ to a record rate of $1,776, the AgrLculture De­ sor of the Freedom of Information Act partment said Friday. OF OHIO amendments which passed the House All of the increase from August to Septem­ IN THE HOUSE OF REPRESENTATIVES with such an overwhelming vote. ber is attributed to a larger share of the con­ Wednesday, November 20, 1974 The President's veto of this measure sumer food dollar taken by middlemen who represented a blow to our American de­ process and sell food at wholesale and retail. Mr. ASHBROOK. Mr. Speaker, the The tarmer's share is down. mocracy. I have already set forth my family assistance plan, FAP, although 1·e­ strong feelings on this issue in another According to the figures, compiled by USDA peatedly rejected as a solution to our at the request of reporters, the market bas­ segment of today's debate. However, I ket's retail cost since September of last year welfare problems, has been resurrected wish to share with my colleagues an edi­ has gone up $147 on an annual basis. once again. Now known as the income torial which appeared in the Arkansas Officials sajd the retail food price increase supplemental program, ISP, this revised Democrat and clearly outlines the need last month was due mostly to boosts for form of FAP is being promoted by for overriding this veto: poultry, eggs, fats and oils, and pork. Pieces Health, Education, and Welfare Secre­ NOT Too OPEN of beef and fruits and vegetables, particularly tary Caspar Weinberger. potatoes, declined. Enactment of ISP would move our Na- In a move that didn't clo much to bolster . to d t his bragging about operating an "open gov- In a related development, Agriculture Sec­ 1 retary Earl Butz announced a two-day public t 1011 a long way war a permanen we - ernment," President Ford vetoed yesterday inquiry next week into food costs, including fare state. It would also result in a sharp some very good changes that the Congress the middleman share of what consumers increase in welfare costs. had made in the Freedom of Information spend on groceries. Under ISP a guaranteed annual in- law. The veto was largely the result of pres­ Butz said the meeting set for next Thurs­ come for every individual and family sure by the Defense Department and other day and Friday, was ca.lled at the request of would be provided by Federal cash pay- bureaucrats, who deeply resent even the President Ford and will be jointly sponsored ments. A family of four with no income, small number (about 200) suits that have · 1 been brought under the act. by the President's Council on Wage and Price f or examp1 e, would receive year Y pay- It's hard to believe it, but the country Stabtlity. "The purpose of the meeting is to point up ments of $3,600. The family would re- never had a FOI law until 1966, and this is ways to lower costs, improve efficiency and ceive diminished payments as it earned the first time Improvements have been at­ thus reduce food handling margins between income until it had earned $7,200. tempted. The law requires the government farms and consumers," Butz said in a state­ And this is just the beginning of the to make all records available to citizens ex­ ment. Federal handout. The family would still cept defense secrets, tax returns, law en­ The USDA market basket figures showed be eligible to receive medicaid, medicare, forcement investigation files, trade secrets, the $25 increase in September, a 1.4 per cent unemployment benefits, public housing personnel or medical files and inter-agency boost, matched the increase in August. Those and a number of other subsidies. In addi- memos. It was thought that reporters woulct back-to-back incroo.ses were the sharpest be the gree,test users of this law, but it has since the annueJ. rate jumped $52 or 3.2 per tion, the fatnily could receive welfare been activist groups like common Cause and cent last February. supplements from State and local govern- conservationists that have been ito biggest The market basket includes 65 retail items ments. As can be seen, ISP is an expan- user. This is sol't of a sad comment on the and theoretica,lly provides enough f'ood to sion rather than a substitute for the cur- press, because there must be thousands of supply a household of 3.2 persons for an en­ rent welfare system. things the public needs to know buried in tire year. Only U.S. farm-produced food is Also distressing is the large nmnber of the mountain of government documents. Of used to determine the cost indicator. individuals who would be eligible for ISP course, this kind of reporting is hard work The market basket rate of $1,776 included and not very dramatic, but with the expose a farm share of $723 in September down benefits. HEW officials estimate that bug very much in the washington atr, maybe one per cent or $8 from August. Tbe mid­ about 42 million people would qualify. :more journalists will turn to government dleman share was a record $1,053 last month, This is three times the number of those files. up 3.2 per cent or $33 from August. receiving assistance under AFDC and 'rhese amendments would certainly make it The $147 increase since September of last SSI, the major components of our pres ... .. easier. Among other things, they set time November 20, 1974 EXTENSIONS OF REMARKS 36803

limits that bureaucrats must meet in pro­ BELL CAPTAIN C]i:LEBRATES ANNIVERSARY That's Harr~burg, Pa., Trenton, N.J., or ducing documents. No-.v, a clerk· can put you .. Artflur· Collins our Bell Captain, and cer­ Dover, Del. You can re·ach state agencies-­ ofl indefinitely. Another stalling procedure ta~nly one of our most important employees, like the Public· Utility Commission-at the was the refusal of an agency to. produce' a recently celebrated his 30th year with the State Capitol too. And if you don't know any document unless the citizen could give its hotels connected ·to the Cleveland Clinlc. of these m"1;1 and women, ·you· also C!¥1 get precise title; the amendment says that a The Bolton Square Hotel, The Clinic Inn and their names from·. the local polit~~al parti~s. "reasonable description" will suffice. Also each now the Park Plaza Inn. From his home town, from the Boa,rd of Elections, from the League agency will be required to maintain and Athens, Georgia he joined the United States of Women Voters or Common Cause. publish indexes of its documents~ Air Force and served 2 years overseas before And be sure to include your name and · Another crafty idea of Rep. William Moor­ being discharged with the rank of Master address so that those public officials who head, D-Pa., ·and Sen. Edward Kennedy, D­ Sergeant. care can contact you. Mass., sponsors of the amendments, was to Mr. Collins 1s very active ln civic affairs. The next question 1s how to say what you require an annual report from each agency To list a few of his many activities: He ts want to tell them. And in our next editorial of all decisions made to withhold informa­ on the board of directors of the East Urban we'll give you some examples of how easy tion AND the name of the person who made YMCA; president of the Ohio Baptist Lay­ it is to do. the decision. If the decisions were held by a men's Movement; chairman of the board of court to be capricious or arbitrary. then the the Friendship Baptist Church; Treasurer of . How To COMPLAIN-II CivU Service Commission would be empow­ the Ohio Republican Councll; Committee­ You asked, so we've been explaining how ered to punish the employee. ,Also. the gov­ man in Ward 27; and in addition to all these easy it 1s to send your elected officials a ernment would have ·to pay for the lawyer he sings second tenor in his church choir. message. Last time we showed you how to fees if the judge decided in favor of the Mr. Collins greets each and every guest find out who they are, and where they are­ citizen.) with a- big smile and a friendly word. He by checking the political parties, the Board The most controversial provision and the never forgets a face and almost never a name. of Elections in your town, the League of one President Ford has the most doubts We at the Park Plaza Inn all think Mr. Women Voters, or Common Cause. ' · about deals with national security. Now, any­ Collins 1s a very remarkable man and highly Now, let's talk about what you want to thing classified as a defense secret is auto­ respect him. tell them. First, remember that they do matically withheld, and as we found out in work for you, and that the good ones really the wake of the Pentagon Papers case, the ---~-- want to know what's on your mind. So tell class11lcatlons on ..less than 10 per cent of THE REVERSE FRANKING them. And you don't have to be fancy. To the material cannot be justified. There are give you an idea. of how easy it Is, he,re are even newspaper clippings stamped secret. PRIVILEGE some examples from letters you sent to us. Anyway, one of thsee amendments would What you tell us is exactly what you also shift the burden from citizen to bureaucrat; should be telllng those folks you elected to he must justify the secret classification he HON. ROBERT N. C. NIX represent you. has affixed to a document requested by a OF PENNSYLVANIA some letters are formal, typewritten. and citizen. 'I'ht:> way he does this is to submit IN THE HOUSE OF REPRESENTATIVES run a CO\q)le of pages. We read !rom one the classified document to a federal judge, Wednesday, November 20, 1974 of those on the air the other day. Remem­ who will look at lt in his chamberS and ber the Maple Shade, N.J. mother who's de'cide whether the material should be kept Mr. NIX. Mr. Speaker, KYW radio fighting inftation? from public view. President Ford said that and television in Philadelphia has re­ Some people write on whatever ts handy. federal judges didn't have tlie ablllty to make cently broadcast a series of editorials Like the Palmyra, N.J. housewife who used. these determinations. This was quite a slam the bag from 5 pounds of sugar, to com­ at the Judiciary and, if true, which we doubt, which I believe deserve a wider audience. These editorials urge people who have a plain about food prices. The price on the lt leaves us wondering, if Judges don't, who sugar was only $1.71-so you can tell we does? grievance or who just want to express got that one a couple of weeks ago. · The bill was passed by big votes in both their opinion to write to their repre­ Another letter was written on the back houses. We hope the senators and representa­ sentatives-State, local, and Federal. of what looks like a grade school' math test. tives will stay in session long enough to over­ im­ But it's a heck of a letter-about a nasty ride this veto. All of us in Congress know how portant it is to hear from our constitu­ SEPTA bus driver-and we'll be passing It ents. But, as the editorials point out, on for action. many people do not realize how effective Letters should be brief. Just make your a letter to their Congressman can be. I point. Here's one that wants the electric BELL CAPTAIN COLLINS company to automatically provide return am happy that KYW has endorsed an envelopes wlth the monthly· blll. Another idea that I also strongly support·: allow­ wa.nta us to ask you to turn off the pllot ing constituents to write to their con­ llght on your gas stove. This one says sim­ HON. LOUIS STOKES gressmen free of charge. This is what ply: .. No to State gambling casinos." o:r omo KYW calls the "reverse franking privi­ Lots of people use post cards. They're -a lN THE HOUSE OF REPRESENTATIVES lege." I have introduced a b111-H.R. quick, easy way to tell 'em what you think. Okay then. You saw or heard the Presi­ Wednesday. November 20. 1914 15759-to establish this plan, -which I believe would be of great benefit to the dent talk about lnftation and new taxes. Mr. STOKES. Mr. Speaker, one of our democratic process. You know it affects you; and wa ·know most active civic leaders and a well­ you've got some opinions. respected man in Cleveland's religious The editorials follow: So why not tell the President, and your How To COMPLAIN Senators and Congressmen. They work for circles, Deacon Jessie A. Collins has long you, and what you say does count. been deserving of the recognition of the Lots of people write: to tell us what they think. And often they'll say they want to community. Deacon Collins recently cele­ write their publlc officials too, but they're How To COMPLAIN-III brated his 30th year of employinent as not sure how to do it; and they've asked us Things are always happening in the news, bell captain of the hotels associated with to spend some time on it. and you have your opinions about 'em. But 1f the Cleveland Clinic. I have known and So let's talk about how you send your you're like most people, you keep it to your­ admired Deacon Collins for many years representatives a message: self, and nobody knows how you feel or what and have often marveled at his ability First, the Federal Government: The Presi­ you think. to always be so pleasant with everyone dent is easy. Just write him care of the White But times are changing. And more and with whom he comes in contact. House. And wherever you llve, you also have more of you are writing to us, and to your two U.S. Senators and a Congressman. If elected officials too. And you're finding out This deeply religious man, devoted to you don't know them, you can call the lt really Isn't so hard to do. What's more you his church and to service to mankind, political parties in your distric.t, or the get answers: from us and from some of the. has touched many people with the Board of Elections in City Hall or your town­ elected officials. Sometimes things even get warmth and cheerfulness of his greeting. ship bullding; or call the League of Women changed. Deacon Collins has always been one of Voters or Common Cause. Write your Sena­ But too many still don't write.· You're my staunchest supporters and I have al­ tors care of the Senate Office Building; and tempted. But you're not sure how or who you ways been gratified to have his support. your Congressman care of the House Office should be writing. Recently Deacon Colllns was the subject Building, both in Washington, D.C. U you First try to figure out who's responsible­ write their names and these addresses your whether it's a. federal, state, or local problem. of an article .in the Park Plaza Gazette. letters will get to them. Then get the names and addresses from your To introduce my colleagues to this out~ Now for the State level, \1.>-rite your Gover­ local library. standing citizen I submit this article for nor, your State Senators and your State Next, writing your letters. Be brief. A post their reading: Representa·tives care of the State Capitol. card will do. Like this one from the Camden 36804 EXTENSIONS OF REMARKS No,vember 20, 197# man, who wants bridge tolls reduced and he He's Representative Robert N. c .. Nix of veterans have used the. GI Bill to attend col­ writes that "25¢ 1s enough" to pay. Or you Philadelphia who just happens to be a senior lege or junior college, and only 22.3 per can write formal, typewritten letters 1! that's member of the House Committee on Post cent of New York's vets have done so," the your style. Office· and· Civil service and here's some of report said. Many people send us copies of their bills. what he wrote us: . · Returning. World War II vets. got up to This from a Mt. Laurel, N.J. homeowner who "I agree with you wholeheartedly that al­ $500 annually for college tuition and $75 says he may be forced to turn off his lights, lowing constituents to write their congress­ a month for living expenses. While that use a kerosene lamp and burn wood iri his men free of charge would advance the cause seems small today, it exceeded the minimum fireplace this winter. We hope he· can find of democratic government. I have already wage, and many schools also provided hous­ some cheap wood. That's not so easy these introduced a blll which would accomplish ing and jobs. days either. this objective ... It 1s my intention to rein­ "Only some Vietnam veterans who live in And be sure to add your name and ad­ troduce legislation in the 94th Congress ... low-tuition states have sums for subsist­ dress--if you want an answer. I will see to it that this subject gets early ence that equal those which World War II One more thing. Those 10-cent stamps. It's attention." Thank you Congressman Nix. vets received," the rep·ort said. expensive. But when your Senators and Rep­ So our campaign has barely started and "Annual tuition charges for a four-year resentatives write you, they don't need already we're attracting solid support. We'll public college range from $165 in California stamps. It's free for them. So why not for keep after it, and we'll let you know how. to $266-$378 1n Texas, up to $1,050 in Penn­ you? we're doing. sylvania and $1,088 at the University of Ver­ And that's our newest campaign-sug­ mont. gested to us by two women who wrote ln. "Because of a factor over which the vet­ If you think it's a good idea too, why not eran lacks control-the tuition stTucture of join us? TUITION SUPPLEMENTS FOR his state-some will in practical effect have VETERANS noGI Bill." How To COMPLAIN-IV Congress ha~ passed a bill raising educa­ ·Remember early this month when we were tion allowances 23 per cent, but President showing you how to complain by writing Ford has threatened to veto It as infiationary. HON. HENRY HELSTOSKI The report says the bill still would be in­ letters? · · OF NEW JERSEY One of the examples, a letter we received, adequate. complained about a nasty SEPTA bus IN THE HOUSE OF REPRESENTATIVES driver. And at the time, we told you we were Wednesday, November 20, 1974 passing 1t along to SEPTA for action. We did. And we got action. From no less than the Mr. HELSTOSKI. Mr. Speaker, for WHAT'S RIGHT ABOUT AMERICA? Chairman of the Board of SEPTA. many months we have wrestled with the That bus driver, he writes us, "has been problem of providing our Vietnam vet­ thoroughly advised of the complaint, he has erans with adequate education, compen­ HON. HAROLD V. FROEHLICH been ·re-instructed in the need for courtesy OF WISCONSIN in all situations involving the public and in sation and training benefits. Now, after particular older people". nearly 1 year of haggling, the executive IN THE HOUSE OF REPRESENTATIVES That bus driver would not stop for a very branch has deemed the bill inflationary Wednesday, November 20, 1974 old man in the middle of the street because and given no indication whether the it wasn't a proper bus stop. But at the next President will sign it. Mr. FROEHLICH. Mr. ·speaker, despite corner, also not a proper bus stop, he left his Furthermore, one of the most impor­ the pressing national and international bus to buy a newspaper. tant parts of the bill, the tuition supple­ problems that confront the United States We're going into all this, because there's a ment provision, was deleted in confer­ today, we in America have much to be further .lesson how to complain. The woman thankful for in .our society. Unfortu­ who wrote to us included details on what ence. This proposal would have helped happened, where it happened, what the bus equalize the disparity in tuition costS nately, dealing with our national and line was, and the time of day. It was easy to which exists at different colleges and personal day-to-day problems does not locate the driver and set him straight. And universities throughout the Nation, and leave much time to reflect upon the good that's important when you have a complaint. as chairman of the Veterans' Subcom­ side of our Nation, and it often takes a Include all the facts. mittee on Education and Training, I in­ bright young individual to restore the In this case involving the SEPTA bus, the tend to continue working to implement proper perspective and remind us about Idea wasn't so much to get even with the bus what is right with America. driver, but to do something about more this measure. courtesy and helpful service on SEPTA lines. Today, however, I share with my col­ I wish to draw the attention of my col­ We know SEPTA wants that, and so do most leagues an article which recently came to leagues today to a thoughtful statement SEPTA employees. But there are always some my attention. Entitled "GI Bill Unfair, by Julie Dratz, a senior student at Apple­ bad applee to spoU things, to discourage Report Says," the story was written by ton High School-West in Appleton, Wis., people from riding. UPI and appeared in the Bergen Record, composed for her talent entry in the Miss And that's true in a lot of operations-in November 14. Among other things, the Wisconsin Teenager Pageant. The depth government, in business. And if we put up of feeling that Julie expresses in her with lt, we keep getting. poorer serv.ice. article focuses on the need for tuition So complain whenever you have a good supplement legislation. The articie fol­ composition led to the Americanism ease. For your own good. And for the good of lows: Award from the Society of Honness everyone else. GI BILL UNFAIR, REPORT SAYS Grande Voiture which she received ear­ WASHINGTON .-Vietnam-era veterans re­ lier this year. I think my colleagues will ceiving education benefits to attend schools agree with me when I say the future of No STAMPS in the East or Midwest may be getting short­ America is in good hands with young peo­ The other day we started a new campaign: changed under the GI Bill, according to a re­ ple like Julie Dratz. reverse franking privileges for you. When port prepared for the National Conference of The text of Julie~s statement follows: y~ur U.S. senators and Representatives write Mayors. WHAT'S RIGHT ABOUT AMERICA? to you, they don't need stamps. The report said current veterans educa­ So what we've been proposing is to make tion benefits-which range from $220 a (By Julie Dratz) it free when you write to them. month for individuals to $270 for those with Freedom is right with America- freedom Many of you are writing to tell us what a a family-discriminate against vets in East­ to say what's wrong with o1,1r country, and g1•eat idea it is, and how you're supporting us. ern ·and Midwestern schools because they the Uberty to change 1t. One typical writer said she thinks free don't compensate for higher tuition costs and Giving is right with America-giving is postage 1s "kind of like equal time on radio expenses. part of our long history of helping others. and television for opposing views." As things stand, a veteran can attend San Oppo1·tunity is right with America-where A WUmington man says he writes his rep­ Francisco State and spend only 19.2 per people have the opportunity to t·ise above resentatives 5 or 6 times a month. And he cent of his GI Bill for education, the report their environment and be judged on their said, "If they can offer me their views free said. Then he's left wlth $1,600 for sub­ accompltshments. of charge, I should be able to do the same sistence, or $178 per month. These are the thip.gs that are right with with them." "A veteran from the same (outfit) may America and I'm confident that our nation, And we have one letter we especially want have returned to Buffalo, where he wlll have with its diversity of people, will continue to to share.with you because the writer really to spend $1,116 for education costs ... leav­ pull together to as~ure that future genera• can do something about getting us free ing him with $96 per month for subsistence.· tion!;J wm be bl~~sed wi~h the right to life, postage. · "As a result, 41.4 per cent of California's liberty :;md the pursuit of happiness. November 20, 1974 EXTENSIONS OF REMARKS 36805 DEFICIT · SPENDING: A ·WELL­ same path to oblivion the old Romans fol- World War II veterans had by far TRAVELED ROAD TO RUIN lowed some 16 centuries ago. : more substantial assistance thim our ·The Gazette of Beaufort, S.C., points out that the City of Rome now may be setting Vietnam-era veterans. This measure' is an another pattern that the U.S. would do well endeavor to provide a cost-of-living ad­ HON. EARL F. LANDGREBE justment bringing them up -to the level . OJ' INDIANA not to follow. The Gazette points out that "for years Rome has been borrowing money of benefits received by .veterans of former IN THE HOUSE OF REPRESENTATIVES to meet tts operating expenses until today its wars. The administration's warning is an Wednesday, November 20, 1974 loans are estimated at more than $4 billion. affront to our Nation's veterans who Rome's annual debt-service costs exceed its Mr. LANDGREBE. Mr. Speaker, dur­ gave so much for their country. revenues from taxes and other sources." The President, in labeling this bill in­ ing my years in the House of Repre­ Unless the Italian government-also in fi­ sentatives I have repeatedly warned of nancial trouble-bails the city out, it will be flationary, has failed to note that ade­ the dangers of deficit spending, but my bankrupt. quate educational assistance, keeping warnings have fallen on deaf ears, will­ Uncle Sam better watch it or he will be in pace with the rising costs of living and fully deaf ears, I am afraid. We are now the same boat. Eventually borrowfug, or education, will substantially increase deficit spendillg as the federal budgeteers economic output and earnings capabili­ experiencing a taste of the consequences call it, catches up with everyone-even gov­ of deficit spending and inflation: The ties of our veterans, helping them to al­ ernments. leviate unemployment rolls. If we deny Chrysler Corp. intends to shut down As the Gazette concludes, "Passing the virtually .its entire operation during the buck to future generations simply postpones ·this increase in benefits, these men and month of December; the price of sugar the inevitable--on the banks of the Tiber or women will be unable to avail themselves has rocketed into the stratosphere; the the Potomac." of the opportunity of learning new trades price of all food has wrecked many and skills; thereby adding to our swollen household budgets during the past year. (From the Findlay (Ohio) Republican­ unemployment rolls. Having called upon I have consistently opposed the irre­ Courier] these valiant men and women to fight sponsible spending policies of this Con­ Now You KNOW our battles in Vietnam, we must not al­ gress, only to be accused of voting American housewive.c:; may occasionally get low them to be used as scapegoats in the against the workingman. Well, let the a little miffed at the prices they find in their battle against inflation. friendly neighborhood supermarkets, but at Accordingly, I call upon my colleagues big spenders, the environmentalists, least they don't have to waste much time and the automobile-safety-at-any-price on their rounds, as shoppers do in some com­ to stand behind and support our House crowd tell the employees of Chrysler munist countries. A Polish newspaper (has) measure providing a 23 percent increase Corp. that they are in favor of the work­ reported that a family in that country spends in basic educational benefits, an 18 per­ ingman. Let them tell the housewives of 6.5 hours a week standing in line for one cent increase in vocational rehabilitation America that they are friends of the thing or another. These were th'3 av"rage benefits and I urge a vote to override any waits: To make a bank withdrawal, 45 min­ Presidential veto of this vital measure. consumer. I, for my part, will continue to utes; to send a postal money order, 30 min­ oppose the incredibly wasteful programs utes; to buy a piece of meat, 40 to 45 min­ of this Government, and sooner or later, utes; to reach the friut and vegetable coun­ the workingman and the housewives will ter, 15 minutes. The annual total for the realize that the friends of the workers country is 2.5 billion man-hours, enough to CAR RADIO MISCHIEF and the consumers are not those who increase Poland's gross national product by · promise them everything but give them 20 per cent. All that waiting would not be inflation, but those who want to keep tolerated in America, where people are so im­ HON. WILLIAM L. ARMSTRONG patient they honk at the car ahead of them OF COLORADO the dollar sound and strong, thereby the moment the traffic light turns green .. guarding the hard-earned wages of the With the exception of long waits at_the gas IN THE HOUSE OF' REPRESENTATIVES workers and consumers. pump, that is. Wednesday, November 20, 1974 Recently two brief editorials appeared in the Michigan City, Ind., News Dis­ Mr. ARMSTRONG. Mr. Speaker, the patch, and the Findlay, Ohio, Republi­ House will shortly consider H.R. 8266, can-Courier-editorials that deal with GILMAN SEEKS VETERANS' legislation to require all new car and the closely related subjects of inflation BENEFITS truck 1·adios have both AM and FM and shortages. I ask that they be in­ receivers. cluded in the RECORD at this point as Although I will not be voting on this one further reminder to the Members of HON. BENJAMIN A. GILMAN measure, since it represents a conflict of this Congress that the policies they are OF NEW YORK interest, I wish to state my unequivocal IN THE HOUSE OF REPRESENTATIVES opposition to this ill-considered, infla­ pursuing will end in economic disaster tionary legislation. just as those same policies have caused Wednesday, November 20, 1974 economic disaster in every other society As the operator of an FM radio station, that indulged in them. Mr. GILMAN. Mr. Speaker, on several I personally would benefit from H.R. Hopefully, as the warning signs grow occasions I have risen to urge my col­ 8266. The FM radio industry might bene­ lai·ger, as the stock market continues its leagues to support increased educational fit-but that does not make H.R. 8266 decline, as banks fail, as aut'? manufac­ and rehabilitation veterans' benefits con­ good legislation. turers stop and slow product10n, as un­ tained in H.R. 12628, the Vietnam Era At a time when Americans are facing employment increases, the Members of Veterans Readjustment Assistance Act more and more Government coercion. Congress who are now deliberately ob­ of 1974, which was approved by Congress this bill would coerce producer and con­ livious to the consequences of their on October 10, 1974. sumer alike. At a time when inflation is spending programs will wake up. I only Along with the thousands of veterans already rampant. this bill would infia.te hope that it will be in time to avert a across our Nation, I am dismayed over the prices of cars even more. At a time catastrophe that will wreck both our the President's threatened veto of this when Congress is already condemned, economy and our political system. legislation, so critical to the needs of our and rightly so, for placating and cater­ The editorials follow: veterans. In giving recognition to our ing to special interests, this bill would [From the Michigan City (Ind.) News veterans for their sacrifices and contri• grant special favors to a special interesL Dispatch} butions on behalf of our Nation, we must And H.R. 8266 would more than double also recognize our obligation to provide the cost of vehicle radios in ·a time of POSTPONING INEVITABLE them with a means to learn skills which Deficit spending and moral decay-the old double digit inflation. This is just plain bread and circuses routine-the experts say, will assist them to· earn their livelihoods wrong. had a lot to do with the fall of the Roman for the rest of their lives. The President As an FM broadcaster myself, I must Empire; ' recently requested 70,000 Government say the FM sector of radio is hale and The same ominous inclinations are only jobs for veterans. It is inconceivable that healthy; we do not need, and the public t oo evident 1n the United States today. Some the administration would not want them does not deserve, the helping hand of claim we are even now shufiling down the to be fully qualified to hold these jobs. Big Brother. 36806 EXTENSIONS OF REMARKS November 20, 1971,. The following editorial from the Rocky I also fail to understand a system of environmentalists Insist, or not, as the powe'l' priorities which advocates hundr.eds of companies claim? U they do become opera­ Mountain News on Sunday, November 17, tional, what do we do about the millions of points out this legislation as the absurd­ millions of dollars in aid to Vietnam, yet tons of sludge they will be generating? , ity itis: opposes well-deserved assistance to those Of take transportation. Traditionally coal CAR RADIO MISCHIEF who fought in Vietnam. Does not the is moved by raU. But the Nation's rallroads How about a law forcing every motorist President realize that his actions consti­ are in bad shape. How soon can they get who wants a $60 radio in his new car to buy tute an affront to this Nation's veterans? themselves organized to handle greatly ex­ a 8125 radio instead? Mr. Speaker, I have been conducting panded coal traffic? Sounds crazy, but that's what would hap­ an independent survey of my colleagues For leadership on some of the technical pen under a b111 slated for final action in the in the House which leads me to issues involved in coal policy, the public may look with some confidence to scientists House next Thursday. believe that we have sufficient votes to The blll would make it illegal to sell a in the Bureau of Mines. The Bureau is an new car with a radio unless the radio were override a possible veto. However, be­ old-Une agency, with a fine record ln re­ equipped for both AM and FM reception. fore the President makes this necessary, search and development, but I believe its Since AM-FM radios cost about twice as I think he should realize that a veto most exciting and challenging days lie just much as ordinary AM radios, the extra ex­ would not augur well for the future rela­ ahead. · pense to the consumer could run as high as tionship between the Executive and the The Bureau's budget for Fiscal Year 1975 $400 milUon a year, according to the Amer­ Congress. The President's credib1lity is totals over $221,000,000, and a sizable chunk ican Automobile Association. on the line here, not only with our Viet­ of that is devoted to energy-both directly The Senate passed an equally bad bill last nam veterans, but with the Congress as and indirectly. June requirlng FM capab111ty in any radio For mining research by the Bureau, the (home or car) selllng for more than $15 on well. budget figure is about $96 mlllion. Roughly the retail market. $67 million of that 1s for in-house and con­ There's nothing mysterious about all this. BUREAU OF MINES DIRECTOR DR. tract research that will make present-day It's sJmpJy an economic squeeze play by FM THOMAS FALKIE OUTLINES THE coal mining methods more productive. Much broadcasters and appliance dealers. NEED TO DOUBLE COAL PRODUC­ of this effort will be aimed at mining the deep and difflcult deposits that we know we The real mystery is why Congress would TION even consider such legislation at a time will have to start mining between now and when high-priced cars are selling like ice 1985. cubes in Alaska. Just over $57 million of the Bureau of HON. JOHN M. SLACK Mines budget is for coal use research-the Dumb ideas are nothing new in Washing­ OF WEST VmGINIA ton, but this one, obviously, is in a class by bulk of it to support laboratory- and dem­ itself. IN THE HOUSE OF REPRESENTATIVES onstration-scale development of coal lique­ Wednesday, November 20, 1974 faction and gasification technology. It is this kind of program-in which the Bureau Mr. SLACK. Mr. Speaker, the need for has pioneered for many years-that wlll be A BAD DEAL FOR VIET VETS a definitive action program to meet our moved to the new Energy Research and De­ long-range national energy goals andre­ velopment Administration. quirements has been often discussed in Dollar signs outline the scope of the HON. LESTER L. WOLFF this Chamber during the past year. I be­ Bureau's work only in the roughest way, OF NEW YORK and don't begin to describe the impor­ lieve we all realize that we cannot meet tance---or the potential---of the major pro­ IN THE HOUSE OF REPRESENTATIVES these goals without a vast increase in grams. For instance, in mining research, Wednesday, November 20, 1974 coal production. In this connection I to speed up development '6perations for un­ would like to bring to your attention a derground coal mines, we are starting to Mr. WOLFF. Mr. Speaker, as most of very clear statement on the subject by investigate the best ways in which tunnel~ my colleagues are aware, President Ford Dr. Thomas V. Falkie, Director of the boring machines used in civll construction has sent a message to the Congress from Bureau of Mines, at the West Virginia projects can be adapted for coal mining. the Far East stating that he will veto Potentially, such a development could speed Coal Mining Institute meeting at White shaft installation by up to 50 percent, cut the Veterans Education and Rehabilita­ Sulphur Springs on November 1: tion Amendments Act if it is sent to him costs by as much as 25 percent, and increase STATEMENT OF DR. THOMAS V. FALKIE in its present form, which the President the safety of the operation. I appreciate this chance to talk to you Important as technological advances are, has labeled "inflationary." about what is going on in the Bureau of however, they cannot be counted on to dis­ Mr. Speaker, the President's threat is Mines, and in other parts of the government pel all the question marks inherent in en­ a direct contradiction of his past ex­ in Washington-and to give you my views ergy policy development. To deal with some pressed support for our Vietnam veterans on how these activities affect coal policy. of the broader questions of coal policy, the and of his avowed policy to work with By this time most of my colleagues in administration some months ago established Congress on key issues. Congress has al­ Washington, and indeed most informed ob­ the Project Independence Interagency Coal ready made a number of concessions on servers in and out of the coal industry, agree Task Force, which Secretary Morton named that a clearly defined national coal policy is me to chair. the veterans bill. Far from being a essential to the economic welfare of the "give too much" measure, as the Presi­ So far the Task Force has made numerous country. Our reserves of coal are too vast, recommendations and passed them on to dent indicates, the bill actually lacks and our need for energy too great, for us to Secretary Morton. Although he has not yet several needed improvements in the GI neglect this great national asset. made these recommendations public, he is bill, which Congress was willing to post­ National po11cymakers recognize that fact. expected to do so soon, and I can comment pone in the interests of getting the basic They are growing ever more sophisticated­ on them in a general way. increase in benefits enacted. As the bill about energy matters in general, and about One of the most ditucult aspects of de­ finally passed the House, many of my coal in particular. They know that many per­ fining something so amorphous as a national plexing details must yet be worked out be­ policy lies in bringing the problem into fo­ colleagues, I am sure, were under the im­ fore coal can start carrying more of the Na­ pression that it met the President's tion's energy load. And they know that eco­ cus--that is, in setting some policy goal that objections, since it had been pared down nomic, environmental, and research consid­ all, or almost all, w111 agree is relevant and further in a second go-round with the erations must inevitably play a part In the worthy of effort. Only when that happens formulation of energy policy. can wheels begin to turn, subsidiary policy conferees. issues be decided, programs be set into ac­ I frankly cannot understand how the In their pursuit of a workable energy pol­ icy, they will have to grapple with questions tion, and public support be solicited. President can claim this bill is inflation­ When President Ford launched his eco­ ary when it has been proven that ade­ such as these: If pollcy forces a return to use of coal by nomic summit conference some weeks ago, quate educational support will increase American industry, how wlll Middle East oil he invited the views and opinions of spokes­ the economic output and earnings capa­ producers !espond? Could they not abruptly men from throughout the ideological spec­ bility of this Nation's veterans and cut their prices, perhaps by as much as half? trum. But after each had had his say, White when it has been proven further that What would our options be if they did? House experts were given a firm deadline­ the current GI bill does not provide ade­ Or consider environment: Much of the just ten days-by which to come up with a quate educational assistance. The im­ coal now being mined contains more sulfur program. provements contained in the education than will be allowed when State air quality The deadline aroused some anguish, of regulations go into effect next summer. How course, but the circumstances warranted it. bill are not excessive; quite the contrary, much will those regulations reduce the avail~ they should be viewed as a first step in able supply? Will the public stand for wide­ That deadline was met, and a series of pro­ an effort to bring the present GI bill up spread relaxation of air quality standards? posals that could have talcen months to pre­ to a par with its WW n predecessor. What about scrubbers? Are they feasible, as pare was finished in days. November 20, 1974 EXTENSIONS OF REMARKS 36807 I might point out, too, that in the Presi­ unreasonable "price gouging" across this Pete was born Feb. 2, 1902, the· son of J.P. dential address that marked the meeting of country. and Jeanne Matthewson Lasater, both natives the deadline, and the announcement of the I authored and introduced legislation of Henry County. Mr. Lasater was a bottler of Administration's program, President Ford soft drinks in Paris for many years, first of established another goal that has some rele­ that has been pending before the House flavored drinks, and later Coca-Cola, holding vance to coal. He proposed that oil be elim­ Committee on Ways and Means since one of the first franchised in this area. inated as the fuel to be burned in major new the 21st day of December 1973

WEDNESDAY, NOVEMBER 6, 1974 by Herbert Loebel; County Hospital with SUNDAY, NOVEMBER 17, 1974 Free FUm Theatre: Ghost Town of the Laurel and Hardy; John Muir's High Sierra Lecture: Nature of the Avant-Garde To- We3tward March-victims of the search for by Dewitt Jones; Iran by Claude Lelouch. 6 day. Speaker: Irving Sandler, Professor of gold; Nahanni--the pursuit of a legendary p.m. Carmichael Auditorium, History and · Art, State 'University of New York. 2 p.m. lost mine; The Legend of John Henf'Y-With Technology Bullding. $1.25.• Hirshhorn Museum and Sculpture Garden. lyrics sung by Roberta Flack; and The Legend Banjos and Breakfast Brunch: Folk music Tickets are required and may be reserved of Paul Bunyon. 12:30 p.m. Carmichael Audi­ with banjo guitar, mandolin, dulcimer and by ealllng 381-6752 or picked up at the in­ torium, History and Technology Building, mouth bow, performed by Robin Johnson and formation desk. Free. Free. Robert Clayton of the Smithsonian's Division Man and His Culture: Heen Baba, Sri THURSDAY, NOVEMBER 7, 1794 of Musical Instruments. Concert 11 a.m.; Lanka's greatest dancer, and his ensemble breakfast/brunch 10 a.m. or 12 noon. $7 of drummers and dancers appear in their FUms by Rosalind Schneider. A filmmaker adults; $5 children under 14. • first tour of the United States. They wlll who is also an artist explores the bonds be­ tween the d11ferent media. 1 :30 and 6:30 MONDAY, NOVEMBER 11, 1974 perform the best-known poetic and dramatic p.m. Hirshhorn Museum. Free. Lecture Discussion: Lillian Hellman, au- dances in praise of gods and the animal Creative Screen: Four color films shown in thor of books and plays including Little Foxes kingdom. 8 p.m. Baird Auditorium, Natural conjunction with the current exhibition and Toys in the Attic, w111 be present for an History Building. $5.50 general, $4 students Figure and Fantasy. The Face-engravings of informal discussion with the audience. She and senior citizens, $5 Resident Associates. a woman's face are manipulated into the wlll be introduced by Richard Coe, Washing- For reservations call 381-5395. bizarre and beautiful; Les Escargots-winner ton Post drama critic, who wm also discuss Sunday Shorts: The Dove by George Coe of three international awards; Labyrinthe­ her work. 8 p.m. Baird Auditorium, Natural and Anthony Lover; Introduction to Acu­ surrealist story of a lonely Individual trapped History Building. $4.• puncture; Threshold with John Ca.rradine;· 1n a desolate urban world; The Critic--a Concert: Quartetto Esterhazy. Selections by Floorwalker with Charlie Chaplin. 5 p .m. spoof of experimental, abstract films with Boccherini, Haydn and Mozart, performed on Carmichael Auditorium, History and Tech­ Ernest Pintoff's abstract patterns and Mel antique instruments by Japp Schroder, nology Building. $1.25.• Brooks' off-screen comments. Complete show­ ViOlin; Alda Stuurop, Violin; W1U Peeters, MONDAY, NOVEMBER 18, 1974 ings at 11 a.m., 12 noon and 1 p.m. The Ren­ viola; and Wouter Moller, cello. 8:30 p.m. Audubon Lecture: Cleveland P. Grant wick Gallery. Free. Hall of Musical Instruments, Museum of His- screens and discusses his film Lion Pride, Free FUm Theatre: Ghost Towns of the tory and Technology. $3.50 general, $1 stu- an intimate and sympatlietic study of totally Western March; Nahanni.,· The Legend of dents and senior citizens, 83 Resident Asso- wild African lions. 5:30 and 8:30 p.m. Baird John Henry; The Legend of Paul Bunyan. See elates. For reservations, call 381-5395. Pre- Auditorium, Natural History Building. $3 November 6 for details. Free. sented by the Division of Musical Instru- adults, $1.50 under 16. Co-sponsored by the Romantic Versus Classic Art: Ingres. ments and directed by James Weaver. Smithsonian Resident Associates and the Fourth in a new series of films by Lord Ken­ Lecture: Archives of American Art. Garnett National Audubon Society. Discounts avail­ neth Clark, each surveying the llfe and work McCoy, Archivist, wm discuss the history, able for members of both organizations. Call purpose and functiotn of the Archives. 2 381-5157, of an individual artist of the 18th or 19th p.m., National Portrait Gallery. Refreshments century. 6:30 and 8:30 p.m. Baird Audito­ wm be served. $4.• (Note: The Archives of TUESDAY, NOVEMBER 19, 1974 rium, Natural History Building. $2. Tickets American Art has the largest collection of Film: Isamu Noguchi and Spiral Jetty. sold at the door.• material on the history of visual arts in this Film portraits contrasting two sculptors. FRIDAY, NOVEMBER 8, 1974 country and an Archives gallery is being 1:30 and 6:30p.m. Hirshhorn Museum. Free. Exhibition: From Reliable Sources. The opened in the National Portrait Gallery Films: Toccata for Toy Trains and Top3 by first exhibition in the new Gallery of the Nov. 8.) Charles Eames. 1 p.m. Carmichael Auditor­ Archives of American Art. Selected items TUESDAY, NOVEMBER 12, 1974 ium, History and Technology Building. Free. from the collections of letters, documents, Film: Robert Motherwell,· Larry Rivers. Oriental Art Lecture: Siva, Lord of the sketch-books and photographs of 29 artists Two film portraits by Michael and Christian Dance. Speaker: Dr. Aschwin Lippe, Curator of the 18th, 19th and 20th centuries. The Blackwood. 1:30 and 6:30 p.m. Hirshhorn Emeritus, Metropolitan Museum of Art. 8:30 show commemorates the 20th anniversary of Museum. Free. p.m. The Freer Gallery. Free. the founding of the Archives and the fifth Film: An Independent Voice: The Commu­ WEDNESDAY, NOVEMBER 20, 1 9 74 year of its affiliation with the Smithsonian nity Newspaper in America. 1. p.m. Car­ Lunchbox Forum: The American Aeronau­ Institution. 1st floor, National Portrait Gal­ michael Auditorium, History and Technology lery. tical Community at the Turn of the Cen­ Building. Free. tury. Informal discussion led by Thomas D. Rehab111tation Medicine Films: Everything Lecture: Archives of American Art. Repeat. Crouch, Assistant Curator of Astronautics, but Hear, distributed by Clark School for the See November 11 for details. National Air and Space Museum. 12 noon. Deaf; The School That Love Built, Ab11ities WEDNESDAY, NOVEMBER 13, 1974 Room W531 (Botany Seminar Room), Na­ Inc. 12:30 to 1:30 p.m. Carmichael Audito­ Free Film Theatre: The Real West-stlll tural History Building. Free. rium, History and Technology Building. Free. Free Film Theatre: In Searc,~ of the Lost Lecture/Performance: K athakali:- Indian picture animation recreates the West as it really was. Narrated by Gary Cooper. 12:30 World-the history of civ111zat1on in the Temple Dance; Dr. Buresh Awasthi, Director Americas. 12:30 p.m. Carmichael Auditor• of India's National Academy of Music, Dance p.m. Carmichael Auditorium, History and Technology. Free. ium, History and Technology BUilding~ Free. and Drama, lectures on the ancient Hindu National Archives Gala: Dr. James. B. THURSDAY, NOVEMBER 14, 1974 dance form. A demonstration of the move­ Rhoads, Archivist of the United States. wel­ ments and makeup is followed by a full-dress Film: Aves and Izy Boukir,ftlms by Nancy comes the group to the Archives and Dr. performance. 8 p.m. Carmichael Auditoriu~ Graves. 1:30 and 6:30 p .m. Hirshhorn Mu­ Frank G. Burke, Assistant to the Archivist, History and Technology Building. $4.50.• seum. Free. presents a slide presentation of the history SATURDAY, NOVEMBER 9, 1974 Free Film Theatre: The Real West. Repeat, of the ArchiveS'. 8 p.m. National Archiv~ Blacksmithing Demonstration: Robert See November 13 for details. 8th and Pennsylvania Avenue, N.W~ Pla.nned Seely, professional blacksmith, will demon­ Romantic Versus Classic Art. Gericault in conjunction with the Associates of the strate the making of Colonial hardware, us­ and Constable. See November 7 for details. National Archives. $6-• ing no power equipment. He will discuss the National Capital Shell Club. Monthly THl:TRSDAY, NOVEMBER 21, 197'4 historical place of the blacksmith in every­ meeting and program. 8 p.m. Room 43, Nat­ Films: Metamorphosis, :Jy R-:>y Colmer; day life, 1 p.m. Parking lot of the Smithso­ ural History Building. The public rs invited. Moving Parts by David Hykes. Two new nian "Castle" Building. Free, works in abstract experlmentali films. 1:30 Film: Children's Series. Classics of anima­ FRIDAY, NOVEMBER 15, 1974 and 6:30p.m. Hirshhorn Museum. Free. tion, including Gertie the Dinosaur (1914), Rehabilitation Medicine Films: Home for Creative Screen: The. Face, Les. Escargots; Felu the Cat ( 1924) and Steamboat Willie Labryinthe, The Critic. Repeat program. See (1928). 12:30 p.m. Hirshhorn Museum. FREE. Supper, distributed by the Berk Rehabillta­ tion Center; Within Our Grasp, Veterans November 7 for details. Free. SUNDAY, NOVEMBER 10, 1974 Administration. 12:30 p.m. carmichael Au­ Free Film Theatre: In Search;. oj the Lost Jazz Heritage Concert: Roy Eldridge. 8 p.m. ditorium, History and Technology Building. World. Repeat. See November 20 for details. Baird Auditorium, Natural History Building. Free. Free. $4.50 general, $3 students and senior citi­ Lecture: The Disciplines of Art. Speaker: Romantic Versus Classic Art: Turner. 6:30 or 8:30 p.m. See November 7 for details. zens; $4 Resident Associates. A free afternoon Marya Mannes, author, critic and TV per­ workshop wlll be presented at 4:30p.m. For FRIDAY, NOVEMB:;;;R 22, 1974 reservations call 381-5395. Presented by the sonality. 8 p.m. Carmichael Auditorium, His­ Division of Performing Arts. tory and Technology Building. $3.50. • Rehabilitation Medicine Films: Harlem Hospital Center, distributed by Columbia Sunday Shorts-a series of creative short SATURDAY, NOVEMBER 15, 1974 University; Rehabilitation fill:n distributed films: Genesis by Jana Merglova; Crystals Film: Children's Series. Animated works by by Texas Institute for Rehabilitation Medi­ Canadian filmmaker Norman McLaren. 12:30 cine. 12:30 p.m. Carmichael Auditorium, Footnotes at end of article. p.m. Hirshhorn Museum. F'li'ee. History and Technology Building. Free. CXX--2320-Part 27 36810 EXTENSIONS OF REMARKS Novembm" 20, 1974 Exhibition: Contempo1·ary Textile Art FOOTNOTE RADIO SMITHSONIAN from Austria. Thirty-three wall hangings, c:Indicates programs sponsored by the Radio Smithsonian, a program of music tapestries, appliques, fabric sculpture and Smithsonian Resident Associate Program. , and conversation growing out of the Insti­ sewn objects by ten Austrian artists repre­ Discounts are available for members. For tution's many activities, is broadcast every sent the expanded realm of textile arts 1n attendance or other information call 381- Sunday on WGM8-AM (570) and FM (103.56 the 20th century. Coordinated by the Smith­ 5157. Unless otherwise indicated, tickets from 9-9:30 p.m. The program schedule for sonian Traveling EXhibition Service and should be purchased in advance, and will be November: sponsored by the Austrian Embassy. The sold at the door only if available. 3rd-Life Beyond Earth? The prospects for Renwick Gallery, through March 9, 1975. extraterrestrial life, as reflected in an ex­ SATURDAY, NOVEMBER 23, 1974 hibit at the National Air and Space Museum. DEMONSTRATIONS Guests include Dr. Cyril Ponnamperuma, Films: Children's Series. Animated films Director, Laboratory for Chemical Evolution, by Derek Lamb. 12:30 p.m. Hirshhorn Muse­ MUSEUM OF HISTORY AND TECHNOLOGY University of Maryland; and Melvin Zisfein, um. Free. No demonstrations Thanksgiving Day. Deputy Director, National Air and Space Mu­ Children's Drama: Mortimer the Mortified Spinning and Weaving. Tuesday through seum. Dragon. Performed by Archaesus Produc­ Thursday, 10 a.m.-2 p.m. 1st floor. No dem­ lOth-Concert, featuring the Concentus tions .. 2 p.m. Carmichael Auditorium, His­ onstratiou Nov. 7. Musicus of Vienna, performing music of the tory and Technology Building. $2.50. * Printing and Typefotmding. Monday, ~aroque era. Classical Concert: Washington Performing Tuesday, Thursday, Friday, 2-4 p.m., 3rd 17th-Humanizing Architecture. A talk Arts Society, featuring Abreu Brothers. 8:30 fioor. with Moshe Safdie, creator of the innovative p.m. Cosponsored by the Division of Per­ Musical Instruments. A selection of 18th Habitat, seen at Expo 67. On Creativity. Ex­ forming Arts. For further information call and 19th century instruments, and Ameri­ cerpts from a talk by violinist Yehudi Menu­ 381-5395. can folk instruments, Hall of Musical In­ hin. Unearthing the Past. Gus Van Beek, SUNDAY, NOVEMBER 24, 1974 struments, 3rd floor, 11 a.m. Mondays and Smithsonian Curator of Old World Anthro­ American Fumor Series: Mort Sahl-a Fridays-18th century keyboard; Wednes­ pology, describes his excavations at Tell Jem­ retrospective view of the country's social days-lutes and guitars; Thursdays-Folk. meh in Israel. and political life. 8 p.m. Baird Auditorium, Machine Tools. Tuesday through Friday, 24th-To be announced. Natural History Building. $5.50 general, $4 1-2 p.m. 1st floor. students and senior citizens, $5 Resident As­ DOMESTIC STUDY TOURS MUSEUM TOURS sociates. Spons01·ed by the Division of Per­ For information on the following tours No tours are scheduled Thanksgiving Day. forming Arts. For reservations call 381-5395. call 381-5910. National Portrait Gallery. Permanent col­ Sunday Shorts: Les Mistons by Francois Weekend at Sturbridge: Jan. 17-19, 1975. lections on special eXhibition. In the Minds Truffaut; Sentinel: The West Face by Sum­ Baja Whale Watch: Feb. 6-15, 1975. and Hea1'ts of the People: Prolog•u,e to Revo­ mit Films; Blotto with Laurel and Hardy, Georgia Mounds: March 2o-25, 1975. lution: 1760-1774. Daily between 10 a.m. and Do-It-Yourself-Cartoon by Bob Godfrey. Death Valley- A camping experience: April and 3 p.m. Group tolll'S are available with 5 p.m. Carmichael Auditorium, History and 5-12, 1975. prior arrangement--call 381-6347. Technology Building. $1.25. * MUSEUM OF HISTORY AND TECHNOLOGY MONDAY, NOVEMBER 25, 1974 OTHER ACTIVITIES Highlights-Monday through Friday: Concert: Jan de Gaetani, mezzo-soprano Sponsored by the Smithsonian Resident 10:30, 11:30 a.m. and 1:30 p.m. and Gil Kalish, piano, perform works of Associate Program. Call 381- 5157 for infor­ Saturday and Sunday: 10:30 a.m., 12 noon, Schoenberg and Charles Ives. 8:30 p.m. Hall mation or reservations. 1:30 and 3 p.m. of Musical Instruments, History and Tech­ First Ladies Gowns-Monday through Fri­ nology Building. Presented by the Smith­ TOURS day: 10:15 and 11:30 a.m. sonian Division of Musical Instruments, un­ Champagne, Caviar, and Cars-The Gen­ Spirit of 1776-Tuesday through Friday. der the direction of James Weaver. $3.50 eral Motors Plant in Sparrows Point, Md. Group tours only, call 381-5030. general, $1 students and senior citizens, $3 Nov. 20, 26, Dec. 11 or 18. Pre-arranged group tours are available by Resident Associates. For reservations call An Afternoon on the Farm-Ferguson calling 381-6471 (schools), 381-5030 (adults). 381-5395. Farm, Prince Georges County, Md. Nov. 16. Monsters! Mysteries or Myths? 8 p.m. Post-Halloween at "House of Blood," PUPPET THEATRE CB8-TV (Channel91n the Wa~hington area.) Hughesville, Md. Nov. 2. "The Book of Three," by Lloyd Alexander, See box for details. The National Cathedral. Nov. 19 or Dec. 3. performed by Allan Stevens and Company. A TUESDAY, NOVEMBER 26, 1974 Philadelphia's Society Hill. Nov. 16 or 22. tale of enchantment, of good and evil, about Bethlehem Steel Factory, Sparrows Point, an assistant pigkeeper, a boy of 13, who wants Films: Jim Dine and David Hackney's Md. Nov. 15, 22 or Dec. 16. Diaries. Film portraits of two artists in­ to become a hero. Performances are scheduled Thanksgiving Weekend in Colonial Wil­ Wednesdays through Sundays at 10:30 and cluded in the Inaugural EXhibition, 1:30 and liamsburg (2 days). Nov. 30-Dec. 1. Deadline 6:30p.m. Hirshhorn Museum and Sculpture 11:30 a.m., with an added performance on for registration is Nov. 16. Saturdays a.nd Sundays at 1:30 p.m. $1.25 Garden. F1·ee. Walking Tour of the Mall. Nov. 24, 30, Films: Black Ships-Admiral Perry's Ex­ per person with discounts available for pedition to Japan and The Sawyer and His Dec. 7 or 8. groups of 25. For information or reservations Waterfowl Weekend. Coastal regions of call 381-5395. Presented by the Smithsonian Mill. 1 p.m. Carmichael Audit orium, History Virginia, Maryland and Delaware (2 dRys). and Technology Building. Free. Institution Division of Performing Arts. Nov. 30-Dec. 1. THURSDAY, NOVEMBER 28, 1974 CLASSES EXPERIMENTARIUM Films: Premium by Edward Ruscha; Se­ The Working Architect: 8 :10p.m. Nov. 5, lected films by Red Grooms. Films by two 12, 19, 26. $8 each lecture; $6 members. AIR AND SPACE BUILDING artists represented in the Inaugural Exhibi­ Archeology of North America; 8:10 p.m. To See the Earth as it Truly Is. A journey tion. 1:30 and 6:30p.m. Hirshhorn Museum Nov. 6, 13, 20. $8 each lecture. $6 members. that begins in Washington, D.C., goes past and Sculptw·e Garden. Free. The American Indian Speaks. 8: 10 p.m. the moon, the solar system, the Milky Way FRIDAY, NOVEMBER 29, 1974 Nov. 4, 11, 18, 25.$7 each lecture. $5 members. galaxy to a hypothetical distant cluster of galaxies, and looks back at each point to see EXhibition: Eight from California. Thirty­ The Expanding Future. 8:10 p.m. Nov. 5, 12, 19, 26. $7 each lecture. $5 members. the earth and ita place in the universe. eight lithographs, etchings, woodcuts and Tuesdays through Fridays-2:30, 3:30, 4:30 screenprints by eight artists who have lived Antique Furniture. 6:30 p.m. Nov. 7, 14, 21. $7 each lecture; $5 members. p.m. Saturdays and Sundays-11 a.m., 12, and worked in California. An element of 1, 2:30, 3:30, 4:30 p.m. Please note: The humor is in almost all of the prints, ranging CRAFTS show lasts 33 minutes. Doors cannot be from the obvious to the subtle. Artists rep­ Holiday Greenery and Decorations. James opened for late arrivals. The Experimenta­ resented are Terry Allen, John Altoon, Robert Richard Buckler, Smithsonian Horticultur­ rium is an experimental version of the Spa­ Bechtle, Joe Goode, Kenneth Price, Edward ist. Four weeks beginning Nov. 20. cearium that will be housed in the new Na­ Ruscha, Wayne Thiebaud, and William T. tional Air and Space Museum, opening in Wiley. National Collection of Fine Arts, Jewelry (Simple Casting). Nancy Rosing, 1976. To confirm schedule for a specific time, through February 9, 1975. art.ist-designer. Four weeks beginning Nov. 21. call 381-6273. Rehabtlitation Medicine Films: The Per­ MISCELLANEOUS son Within, distributed by Clark School for Creative Crochet. Ronald H. Goodman, de­ the Deaf; So They May Walk, Sister Kenny signer-craftsman. Nov. 16 or 17. MONSTERS! MYSTERIES OR MYTHS? Institute. 12:30 p.m. Cat·michael Auditorium, Furniture Restoration. David Adamusko. (Nov. 25-8 P.M.-CBS-TV) History and Technology Buildiug. Free. Four weeks beginniug Nov. 19. One-hour television special, narrated by SATURDAY, NOVEMBER 30, 1974 CHILDREN'S WORKSHOP Rod Serling, that investigates some of na­ Films: Children's Series. Animated works Video View of the Smithsonian. A. Ken­ ture's most t;lusive riddles-the Abominable by Eliot Noyes, Jr. 12:30 p.m. Hirshhorn neth Showalter, instructor of video and film Snowman, the Loch Ness Monster, and the Museum. Free. animation. Nov. 17. American Northwest Bigfoot. First in a series

-- November 20, 1974 EXTENSIONS OF REMAltl(S 36811 of specials produced for TV by David L. Wol­ tional standards for ddnking water sup­ State and almost two dozen 1n the city per Organization, in association with the plies, and authorizes financial, technical have been persistent violators of Federal Smithsonian; to be broadcast as a presenta­ tion of the DuPont Cavalcade of Television. and other assistance related to the im­ standards governing the safety and well­ Other programs wlll cover the collections of provement of local water supplies. The being of nursing home residents. the Air and Space Museum· and the Hope Environmental Protection Agency would It is particularly distressing that be­ Diamond. also establish a program of loan guar­ tween the time HEW first recommended antees to help communities meet the an end to Federal aid at the Towers and HIGH SCHOOL PORTFOLIO DAY Federal standards. Garden nursing homes last June and the (December 71, 1974) An important aspect of this bill is that just-ordered cutoff, these homes have All junior and senior high school students the primary enforcement responsibility continued to get new patients and have in the metropolitan washington area are in­ is with the State, and not the Federal remained eligible to receive a combined vited to bring portfolios of their own art and Government. Only after a State has total of $4.5 million in medicaid reim­ discuss them with representatives from art failed to institute compliance procedures bursements. schools, colleges and universities with strong­ may the Environmental Protection I have asked Governor-elect Carey and art programs. Representatives w111 also fur­ nish information pertinent to careers in art. Agency bring a civil suit, and this action Secretary Weinberger to cooperate in National Collection of Fine Arts. may be instituted only after the State setting up the joint nursing home task has been given a 60-day notice by the force and asked that the task force give THEATRE CHAMBER PLAYERS Federal Government. This assures local immediate consideration to the follow­ (In Residence at the Smithsonian) control and responsiveness to the needs ing: The 1974-75 season will consist of five of particular local problems, while si­ That the results of all nursing home Monday evening concerts scheduled for No­ multaneously providing for Federal au­ health and safety inspections be posted vember 4, January 27, February 24, March 24 thority when a State has been unable to prominently in the nursing home fac.il­ and May 19. Composers represented wlll in­ protect water safety. ity; clude Bach, Bartok, Debussy, Stravinsky, Mr. Speaker, many communities are That all decisions regarding with­ Wolpe and others. Series tickets are available financially and technologically unable to drawal of Federal aid to nursing homes-­ at $20 general, $12.50 students and senior including violations and waivers of vio­ citizens, $18 Associates. Individual tickets provide their citizens with pure drinking wm also be sold. For further information call water. In fact a recent GAO study re­ lations of standards-be made under one 381-5395. vealed that among small systems, 60 roof, in HEW; HOURS percent failed to meet Federal stand­ That nursing home inspections should (Open 7 days a week) ards. Enactment of this legislation will be frequent and unannounced. Presently, Arts and Industries Building, National Ail' be a major step in reducing this percent­ 4 weeks advance notice is given to nurs­ and Space Museum, National Museum of age and upgrading even the larger sys­ ing home operators prior to a Health History and Technology, and the National tems. Department inspection; Museum of Natural History. Freer Gallery of I am gratified by my colleagues' strong That heavy fines should be authorized Art, National Collection of Fine Arts, Na­ support for this important measure. as a penalty for persistent mursing home tional Portrait Gallery, The Renwick Gallery, violations. Now, only a total aid cutoft' is Smithsonian Institution Bullding-10 a.m.... available to the Federal Government. 5:30p.m. my Anacostia. Neighborhood Museum.-10 a.m.... Copies of letters follow: 6 p.m. Monday through Friday; 1-6 p.m. NURSING HOMES HOUSE OF REPRESENTATIVES, weekends. Washington, D.C. November 20, 1974. National Zoo Buildings--a.m. to 4:30 p.m. Hon. HUGH L. CAREY, Dial-a-Phenomenon-737-8855 for weekly HON. BENJAMIN S. ROSENTHAL Governor-Elect of the State of New York, New York, N.Y. announcements on stars, planets and world­ OF NEW YORK Wide occurrences of short-lived natural phe­ DEAR Ma. CAREY: I am writing to you nomena. IN THE HOUSE OF REPRESENTATIVES about the scandalous situation that exist-s Dial-a-Museum-737-8811 for dally an­ Wednesday, November 20, 1974 in nursing homes in the State of New York. nouncements on new exhibits and special The report issued yesterday by the Senate events. Mr. ROSENTHAL. Mr. Speaker, I am Select Committee on Aging outlines severe Change of address or ealendar requests; deeply disturbed by the scandalous situ­ problems with these facillties throughout th& mail to Central Information Desk, Great Hall, ation that presently exists in nursing nation and confirms the findings of my own Smithsonian Institution Building, Washing­ homes in New York State. Both the Fed­ limited investigation of nursing home care 1n ton, D.C. 20560. For changes of address, please eral Government's and the State's over­ Queens. include mailing label. all administration of the medicaid skilled The Chairman of the Select Committee, in Deadline for December calendar entries: nursing facility program is the most in­ issuing the Senate report, declared that November 5. The Smithsonian Monthly Cal­ "Long-term care for older Americans stands endar of Events is prepared by the Office of efficient and inadequate of any major today as the most troubled and troublesome Public Affairs. Editor: Lilas Wiltshire. social program in the Nation. component of our entire health care system." 'Use of funds for printing this publication I have written to New York Governor­ In my judgment, both the federal govern­ approved by the Director of the Office of elect Hugh Carey and HEW Secretary ment's and the state's overall administration Management and Budget, June 3, 1971. Caspar Weinberger asking them to estab­ of the Medicaid skilled nursing facUlty pro­ lish a joint nursing home task force to gram is the most inefficient and inadequate correct these problems. of any that I have studied. I am enclosing !or your consideration a The report issued yesterday by the copy of the Senate report together with a SAFE DRINKING WATER-A Senate Select Committee on Aging out­ series of hearings and a report on nursing REALITY lines severe problems with these facilities care safety, issued recently by the House throughout the Nation and confirms the Committee on Government Operations, of :findings of my own limited investigation which I am a member. HON. HAMILTON FISH, JR. of nursing home care in Queens. My own inquiry into the administration OF NEW YORK As a result of persistent violations of of the Medicaid's long-term nursing home Federal standards governing the safety program reveals that over 50 nursing homes IN THE HOUSE OF REPRESENTATIVES in New York State and almost two dozen Wednesday,. November 20, 1974 and well-being of nursing home resi­ in the City of New York have been persistent dents, the HEW is cutting off all medic­ violators of federal standards governing the Mt•. FISH. Mr. Speaker, Americans all aid funds to five nursing homes in New safety and well-being of nursing home resi­ over the country have become alarmed York, two in the city and three upstate­ dents. Three of these facUlties are in my over recent disclosures about carcino­ the New York City facilities for which congressional district and while they are in genic materials that have been found in Federal funds will be tet·minated are the compliance as of today, their "on-again, off­ the drinking water of New Orleans. Towers Nursing Home in Manhattan and again" compliance, is simply inadequate per.. H.R. 13002, the Safe Drinking Water the Garden Nursing in Brooklyn; the up­ formance. Act, is a timely piece of legislation which I am reliably informed that the Depart­ state facilities are the Poskanzer Nurs­ ment of Health, Education and' Welfare is can help update our purification technol­ ing Home in Albany, the Bida Convales­ cutting off all Medicaid fUnds to five nursing ogy and standards at the local level. cent Home in Oxford, and the Canajo­ homes in New York-two in the city and This measure would empower the Fed­ harie Nursing Home in Canajoharie. three upstate. The two facilltJ.es in New eral Government to set minimum na- Over 50 nursing homes in New York 1rork City for which federal fund's wlll be 36812 EXTENSIONS OF REMARKS November 20, 197;;, terminated are the Towers Nursing Home THE PLO'S APPEARANCE BEFORE mediations.... We don't want t•eace, we in Manhattan and the Garden Nursing Home THE UNITED NATIONS want victory. Peace for us means Israel's de­ in Brooklyn. The upstate facilities are the struction and nothing else.· . . . We . . . Pof?kanzer Nursing Home in Albany, the Bida have the right to return to our homes with­ Convalescent Home in Oxford and the Cana­ HON. HERMAN BADILLO out conditions or compromises. . .." If Arafat is trying to hide his aim-the de­ joharie Nursing Home in Canajoharie. OF NEW YORK .It is particularly distressing that between struction of Israel-he is doing so in accord­ the time HEW first recommended an end IN THE HOUSE OF REPRESENTATIVES ance with Sherlock Holmes' axiom that the to federal aid at the Towers and Garden Wednesday, November 20, 1974 best way to hide a letter is to put it on the nursing homes last June and the just-ordered mantel in front of the clock. But, of course, cut off, they have continued to receive new Mr. BADILLO. Mr. Speaker, there is Arafat sees no reason to hide his aim. patients and have remained eligible to re­ little question that the status of hun­ Arafat's message is clear. But platoons of ceive a combined total of $4.5 million in dreds of thousands of homeless Palestin­ civil servants, assuming that all politicians Medicaid reimbursements. ians is one of the root causes of persistent are like democratic politicians and thus do In an effort to correct this deplorable sit­ no take their own words seriously, will pro­ and deep tensions in the Middle East. .duce reams of memoranda analyzing what uation, I respectfully recommend that you Clearly it is an issue which warrants the appoint immediately a "Nursing Home Task Arafat "really" means. Force" to work with the Department of fullest discussion and debate and a just Actually, 20th-century political gangsters Health, Education and Welfare, Office of Long and equitable solution. However, the are sometimes candid. So great is their con­ Term Care, to recommend changes in the cause of peace in the Middle East was tempt for us that they do not trouble to de­ joint administration of the nursing home ill-served by the irresponsible rhetoric of ceive us. Thus we should take their words program. Yasir Arafat, a person who neither repre­ seriously, even-indeed, especially-when The Task Force should give consideration they speak barely coherent rot, as Arafat did sents any recognized government nor has to an interviewer in 1970: to the following: any official standing in the· world com­ Question: "What is Palestine? Its national 1. Notwithstanding the fact that nursing munity. homes require state certit:cation to remain Identity has been lost a long time ago, its open, all decisions regarding the withdrawal It was a tragic sight at the United geographic boundaries erased. The Turks of federal aid to nursing homes-.including Nations last week when an international were here befere the British mandate, before hoodlum stood before the representatives Israel. What do you mean by Palestine?" violations and waivers of violations of op­ Arafat: "The question of borders does not erational as well as life-safety standards­ of some 135 nations and attempted to interest us. . . . From an Arab point of view should be made under one roof, in HEW. justify the existence of the terrorist or­ one cannot talk of boundaries: Palestine is 2. The results of nursing home inspections ganization he leads and the virtual dis­ only a small drop in the great Arab ocean. by the State Health Department should be solution of Israel through a poorly con­ Our nation is the Arab nation, extending prominently anq publicly displayed in the ceived proposal to establish a new state from the Atlantic to the Red Sea, and nursing homes themselves and in central of Palestine. Is it possible that the world beyond." governmental offices. community has forgotten the wanton Of course, "and beyond." "Arab ocean," in­ 3. There should be more frequent and un­ deed. Arafat, like Hitler, is a romantic racial­ announced inspections of nursing home fa­ slaughter of thousands of innocent wom­ ist, not a nationalist. His pan-Arab dream­ cUlties. At the present time, four weeks en and children, such as those massacred ing, like Hitler's pan-German "Aryan" advance notice of inspections is given to at Maalot and Kiryat Shmona? Is it pos­ dreaming, consists of the rubbish theories of nursing home operators prior to a Health sible that the United Nations sanctions a the half-educated, theories that are almost Department visit. terrorist group such as the PLO or con­ comical when they are not swimming· in the 4. Thought should be given to the estab­ dones its unconscionable actions? head of a man who has a machine gun in his lishment and certain imposition of heavy By affording the PLO the opportunity hand. These theories are more real to Arafat · fines to nursing home operators who persis­ than mundane boundary disputes. tently violate federal standards. The only to spread its propaganda I fear the U.N. The democracies thought Hitler was just a available federal remedy for violations at has simply helped to fan the fires of normal nationalist, perhaps a bit more excit- · the present time, is termination of federal prejudice and dissension in the Middle able than most, but a chap with whom they aid-a remedy sometimea too drastic to ap­ East and that Arafat's performance could deal. They thought they could assuage ply. Intermediate remedies should be avail­ needlessly exacerbated tensions in that his prickliness by tinkering with bound­ able. strife-torn area of the world. aries-in the Rhineland, Sudetenland, East I am sending a companion letter to Sec­ Saturday's Washington Post carries a Prussia. They didn't know a hate-inspired retary of Health, Education, and Welfare racialist when they saw one. Weinberger urging that he cooperate with very timely and perceptive column by Mr. Like Hitler, Ara.fat knows how to nourish you in the establishment of a joint nursing George Will, in which Arafat's posturing the illusi.ons of appeasers. In his U.N. speech home task force. is aptly compared to that of Hitler in he promised that there will be no bloodshed Thanking you for your consideration, I am, the 1930's. I insert this article herewith if Israel is dismantled. He was not droll Sincerely, and commend it to our colleagues' atten­ enough to announce that he was making his­ tion: "last territorial claim" in the Middle East. Arafat insists: "Boundaries don't matter, KNOWING O NE WHEN YOU SEE ONE I keep saying." But people bent on appease­ (By George F. Will) ment will keep thinking they can deal with FLOYD E. KIRBY The United Nations is as dull as "Apple's him by cutting a deal, by tinkering with Way"-except when it is hosting a colorful boundaries. Such people probably think the thug like Khrushchev. Now comes Yasser Danzig controversy caused World War II. HON. LUCIEN N. NEDZI Arafat, chairman of the Palestine Liberation They don't know a hate-inspired racialist OF MICHIGAN Organization, to lend a little color. The when they see one standing at the U.N. IN THE HOUSE OF REPRESENTATIVES U.N., nothing if not grateful, is a friendly podium with a holster on his hip. audience for him. Wednesday, November 20, 1974 The PLO, like the Nazi Party in 1930, is an Mr. NEDZI. Mr. Speaker, on Novem­ army without a nation. Arafat, like Hitler in SECRETARY OF INTERIOR AD­ ber 19, 1974, Floyd E. Kirby passed away. 1930, is a dictator without a state. And the pool' Palestinians, who do not even have a DRESSES AMERICAN MINING Mr. Kirby had been cap'i.ain of the U.S. country, already have a dictatorship admin­ CONGRESS Capitol Guide Force for over 30 years istered by a terrorist. before he retired in 1972. The Palestinians, like the Germans in 1930, The Capitol Guide Force who worked have grievances, real and imaginary, most of HON. DAVID TOWELL with Floyd Kirby knew he was no ordi­ which derive from a lost war. Arafat broods OF NEVADA nary man. He was a man of great about that war the way Hitler brooded about IN THE HOUSE OF REPRESENTATIVES strength and endurance. His sense of World War l-as a war that paused, but responsibility and loyalty gave the guides never ended: Wednesday, Novernber 20, 1974 great comfort during his long term as "This war has just started. We are just Mr. TOWELL of Nevada. Mr. Speak~r •. beginning to get ready for what will be a on October 7, Secretary of the Interior captain of the U.S. Capitol Guide Force, long, long war, a war that will run for gen­ and he has been missed exceedinglY erations...• You asked: How long can we Rogers C. B. Morton addressed the since his retirement. go on? The question was phrased wrong; American Mining Congress meeting in Floyd Kirby served as an outstanding what you should have asked is How long can Las Vegas, Nev. I am pleased to bring to example to the guides, and will be fondly the Israeli go on? We shall never stop untU we the attention of my colleagues the Sec­ remembered. can go back home and Israel is destroyed. retary's remarks concerning the energy In behalf of the guides I extend to the . . . The goal of our struggle is the end of needs of this Nation and our existing family our deepest sympathy. Israel, and there can be no compromises or mineral resources: November 20~ 1974 EXTENSIONS OF REMARKS 36813

SPEECH BY HON. RoGERS C. B. MORTON of fossil fuels when we have identified 1,600 pensive electricity which often comes from Ladies and gentlemen, it is a distinct billion tons of coal resources? · · coal-fired plants. pleasure for me to address the American Will anyone really claim that we are short Everyone wants the ~ation to increaSe its Mining Congress. We, in the Department of of fossil fuels-when we have identified oil refinery capacity-but no one wants a re­ the Interior, have ·counseled with the mining shale dep~its in the Rockies which add up finery built 'on their favorite beach. industry, with the labor unions which work to 400 billion barrels of oil in thick, high­ Everyone wants pipelines to carry fuels in the mines, with all facets of the mining grade deposits? from distant sources to the point of use, but industry during the one and one-quarter You people are professionals in the busi­ no one wants a PiPeline· to go through their centuries during which Interior has been ness of extracting natural resources from the caribou herd, or across their farmlands, or America's Department of Katw:al Resources. earth and making them available. You are through their orchard. We have often worked together in the past, all aware of the mineral research and ap­ Obviously, there are going to be tradeoft's. and we are working together now, sharing a praisal work being done by our Geological There are going to be many instances of give wide . commonality of interests. We are Survey. You know that our knowledge of this and take-of balancing the needs "of the na­ America's Department of Natural Re­ continent's resources is imperfect--but with tion for minerals against the needs of the sources--we have been for a century and a its imperfections it is complete enough to nation for a livable environment. quarter. You are the people who make Amer­ indicate that we have only touched the po­ Research and development work-both the ica's resources avialable .to the American tentials of this continent. We have only R & D we do and the R & D you do-can consumer-and you have been at your work skimmed off the cream-taken the easny soften the conflict of those necessary trade­ longer than we have been at ours. .available. We have taken one barrel in three oft's. But there will always be tradeoffs-al­ The economic upheavals which have out of the oil fields and left the other two as ways be a balancing of needs against abilities sh~en the entire world in the last two years being economically unrecoverable with yes­ and supplies. · have pointed up some weaknesses in . the terday's technologies. Let me give you an example of how re­ facade of this nation. I said "weaknesses in We are surface mining coal, because it is search can soften the knife edge of those the facade"-not weakness in the nation. easily and profitably available on top of the necessary give and take trades. Is it neces• The facade I refer to is the front we put up­ ground, and still we realize that most of our sary to tradeoff foul air against lowering sometimes even a false front-like the old coal is in deep mines where we will eventu­ costs when burning coal? Not 1! we put our time fronts on f1·ame buildings in the ally go after it. minds to the research and development work mountain west. I am belaboring the point, but it must be which 1s paying off such great dividends el• Crisis management has become a way of made strongly. There is no basic scarcity of ready. Our omce of Coal Research is going life for many of us. The shock waves which minerals. There are only problems-and op­ ahead full steam with the development ot began with the Arab embargo on petroleum portunities--in making these minerals avail­ coal gasification and coal liquefaction meth­ brought us face to face with the changes in able to the consumer. ods which will allow us to unlock the tre­ the world, but mushrooming human popu­ That's where you come in and that's where mendous potential of coal and make it avail­ lations and expanding needs of all nations the Department of the Interior comes in. able in non-polluting forms and through were forcing changes--although not as dra­ The Department of the Interior has had a non-polluting delivery systems. Coal Re­ matically. The crisis season is not over, evi­ hand in shaping congressional action on new search's budget has been beefed up from dently. Just last week we learned that surface mining legislation. Bills were intro­ $123 million in fiscal 1974 to $261 m1111on in Guyana intended to increase the tax on duced into the Congress calllng for imposi­ fiscal 1975. Today, OCR has contracted with alumina by some 1600%. tion of stricter regulations of surface mining. more than 60 organizations operating pilot But whether we feel that the changes were These bllls varied widely and each had strong plants and conducting research in coal gas­ brought on by cartels or catastrophes or sim­ support from various sectors. The Congress ification and liquefaction. The gasification ply the slow-but sure-movements of the has now resolved the differences and has pilot plant in Rapid City and the Hygas solid laws of economics--the new word in the come forth with a workable blll which wiil Project, which demonstrated the large scale 1970's has been "scarcity." do the job of pt•otecting the environment conversion of coal to synthetic gas, are high- We are hit with a new scarcity every time and still provide greatly increased supplies lights of this work. . we turn around. of coal-<>ur most abundant fuel. · · Our Bureau of Mines has made excellent The biggest jolt was the gasoline shortage Interior's expertise has been available at progress in developing the citrate process for which Jumped right out of the mid-East war the call of the Congress and has made valu­ scrubbing sulfur out of stack gases. A dem­ and grabbed us by the gas tank. Long gas able contributions to the drafting of the onstration plant at the Bunker Hill lead · lines were a nuisance; continued high prices surface mining regulations. We confidently smelter in Kellogg, Idaho, is working now, have been much more than a nuisance. expect that the Congress will complete ac­ and its application to power generation is be­ But the gas shortage was only the most tion on this important work this month. ing actively pushed. noticeable of the long list, which has caused One of the variables in this proposed legis­ I point to the resutls of this research­ some to refer to the "shortage of the week." lation has been the rate of which we would because it illustrates that research can ease Let's get a couple of facts straight ..• attempt to cover the scars left by improper the tradeoffs, can facUitate the balancing of There are no shortages of minerals in thi3 mining techniques. The Department of the viewpoints which are inevitably needed ln a United States of ours. Inte1·ior does not feel that the present gen­ democracy as we go forward with the busi­ There are many difficulties connected with eration should be made to pay exorbitant ness of making a living-and having a stand­ getting the right minerals out of the earth's prices for their coal today, in order to pay ard of living that lt worth living. crust and making them available to the for the sins of their ancestors. We do, how­ Research results, properly applied, can consumer. ever, realize that this nation must undertake take the sting out of the tradeoffs between If you want to tell me that I am over­ the healing of the scars upon the land, and plentiful fuel on the one side and plentiful simplifying, and that there are shortages of we have counselled that the amortization of clean air and clean water on the other. tin or platinum or chrome-! won't argue this expensive program be spread out, so The people of the United States are not with you. But my point stands-we do not that the financial burden can be lessened. going to see the resources of this nation have any basic needs which cannot be met, We are trying to reduce federal spending to locked up and left unused-but the people or substituted for, in the United States. We control the inflationary pressures which the of America are also intell1gent enough to have all the ingredients for the gt>od life for President has identified as our nation's num­ know that they must weigh the costs of each Americans for centuries to come-and we ber one enemy. We have counselled that the action and the results of that action. The have them right now in the earth's crust and 1·epair work be scheduled and begun without American public is not going to be stampeded in our soil. delay. The real question is just how much of into environmental disaster by the energy The problem seems to be getting them into this work is accomplished in each year to shortage scare-they will not buy the slogan, usable forms for the consumer. come. "Let them freeze in the dark!' We want to This is where industry and labor must be We feel that the legislation enacted by have light and have heat and still be able to partners with the Department of the Inte­ the Congress will be a wise and good piece see through the air and drink the water. They rior-not as we have been in the past-not of legislation which will pay our debt to the will have no sympathy for a wholly one­ as we are doing right now-but to a much past without unduly burdening the present sided version of any tradeoff. That day is long greater degree than ever before. -nor mortgaging the future. since gone, if in fact it ever existed in this When we talk about energy Shortage, we We feel that this surface mining legisla­ nation of individuals who prefer to think for are talking about a shortage of natural re­ tion is just one sign of the stiffening of themselves; sources that are extracted from the environ­ attitudes regarding environmental safeguards Just as there a1·e individuals who say that ment and used to produce energy in the over the mining industry. Yours is a very we should scrap all our environmental safe­ form of electricity flowing through a wire, or visible industry. guards in our headlong rush to extract more gasoline coming up into a carbw·etor or even Everyone wants to reclaim sw·fa.ce mined natural resources, so there are lndlvlduals uranium fueling an atomic generator. land-but no one wants to pay for that recla­ who say we must go without automobiles, go· Will anyone be foolish enough to tell the mation-in direct governmental appropria­ without energy supplies, go without every­ American people that we have a shortage of tion or in increased cost of coal. thing if it lowers the pristine purity of our energy-producing minerals to meet our Everyone wants to breathe clean air, free world. energy needs? of the fumes which are formed when coal 1s Those individuals-on both sides-are Will anyone really claim that we are short burned- but everyhody wants to have inex- Wl'Ong! 36814 EXTENSIONS OF REMARKS November 20, 1974 The minerals man said that we had to have and from tar sands. We will have harnessed. ports, deregulate natural gas prices to en· the Alaska pipeline, no matter what the en­ the potential of our geothermal resources. courage greater production and to discour­ vironmental cost-to increase our oil supply. Even now, geothermal leasing 1s proceeding age the waste triggered by prices which are The · environmentalist said that we had to in public land areas of the west, opening to unrealistically. low. All of these changes will preserve the Alaskan environment--no mat­ commercial development a source of power improve the avallabfilty of natural resources. ter what the cost--no matter if our indus­ which is already at work in Mexico, ln Italy It w1ll unlock · resources-and that is try ground to a halt for lack of oil. and in our own state of California. important. Both were wrong. Beyond that time frame, we see a steadily The time has long passed when this nation The Department of the Interior has is­ growing portion of the nations energy re­ ·can afford the luxury of locking things up sued the necessary permits and we are going quirements coming from the nuclear· field. and pui;tlng a fence around them. I am talk­ ·forward with the construction of the Alaskan Nuclear fission involves the mining indus­ ing about resources now-and speciftcally I pipellne. The Department of the Interior is try directly, of course, because it consumes am talking about locking up resources under supervising the construction of that impor­ uranium. Unless the breeder reactor can be the seas, whether the key is turned by inter­ tant' pipleine with great care, making sure developed economically and safely, we doubt national treaty or by unnateral action of our that environmental values are protected. We that the great amounts of uranium needed own. ·are going to have our cake and eat it too. for extensive light water reactor develop­ The United States ha.s long supported the We are going to have the oil from the North ment will be available. Perhaps you will effort to create a stable cllmate for the deep Slope of Alaska and we are stlll going to have prove me wrong on that. seabed mining industry. I realize that many the matchless beauty of the Alaskan scenery But that doesn't rule out nuclear develop­ are critical of the slowness of international and the splendor of its wlldllfe-unhurt by ment. Advances in man's knowledge will machinery, and I am well aware of the lead the pipeline. Because most of the trade­ make nuclear fusion available-a vast source time involved in any such capital-intensive offs were within the purview of one agency, of energy. The energy locked ln the simple effort as . deep sea. mining. There are strong the Department of the Interior was able to hydrogen atom may someday fuel the engines evidences that long-term supplies of nickel, consider both resow·ces-the energy and the of civlllzatlon. copper, cobalt and manganese are present environmental questions-and protect both Am I overly-optimistic? After all my years on the ocean fioor in economically recover­ resources wlth a series of wise decisions. in public office, I doubt that anyone would able quantities. We must protect both resources, for the call me a "Pollyanna type." After my years in It is my belief that we must be very care­ Department of the Interior is charged no~ the Department of the Interior, no one has ful in any actions which will limit or bar deep only with the development of the public to tell me that there are pitfalls yawning in seabed activity. We must not lock ourselves lands, but with the preservation of the the path to the mineral-plentifUl future I out of the action in this world. riches of those same public lands. To quote have sketched for you here. I am very much aware that the mining the final report of the National Commission It is not going to be easy. But it is going industry holds some strong opinions on the on Materials Polley, "We must strike a bal­ to be done-and you in the mining and min­ subject of deep seabed mining. I have ap­ ance between the need to produce and the eral extraction industries gathered here today preciated receiving your opinions, and wlll need to protect." are going to have a big part in doing it. remain willing to listen to new ideas for re­ And that balance, ladies and gentleman, You are going to have to explore for min­ solving what is a very complicated problem. puts the Department of the Interior right in erals and find mi:r:erals and extract minerals, But we must not let the size of the complica­ the middle of it. because America needs them. tions hide the size of the opportunity pre­ . I am proud of the record the Departmen-t You are going to have to produce these sented here-we must search out solutions of the Interior has made-right in the mid· minerals without ruining the face of the land, to our problems which will allow those in dle of lt. because America needs a healthy land to live the mineral extraction business to make their I am proud of our efforts to develop our ln. own investment decisions-decisions with a This nation is going to continue to balance great potential for improving the world's resources. We are moving ahead with the de­ environmental concerns against resource velopment of the large oil shale deposits 1n supply of natural resources available for Colorado, Utah and Wyoming. Major devel­ needs. The Arab embargo forced a re-evalua­ use. tion. There wlll be many other re-evaluations. There are solutions to all of our problems, opment centers around Interior's prototype In fact, the balancing is a never.:ending proc­ leasing program. Four tracts, two each !n if we conscientiously seek solutions. . Colorado and Utah, were leased thls year, in­ ess, and the rules that governed yesterday The potential for the good life for ali man­ will not suffice tomorrow. It is my opinion ·volvlng 16,422 acres of public lands. We will kind is there-if we realize the goals we set move ahead, as fast as research results dic­ that that job of balancing and trading off can for ourselves right now. · tate. We will release the tremendous energy best be achieved through a Department of The Department of the Interior is anxious potential of this oil shale, and we will do it Energy and Natural Resources. to have us reach that potential. We wlll without ruining the land. Legislation currently being considered by continue to perform the research function the Congress woUld create this needed De­ which makes those tradeoffs possible. We will Our "011 of the Future" search leads far partment of Energy and Natural Resources, beyond oil shale. We have already begun putting under one roof the responslblllty for continue to seek ways to make mining more work on a project near Vernal, Utah, which both environment and energy-forcing one safe and more economic. We wm seek to will convert tar sands to oil through "in­ foster an economic climate which will make agency to take the blame for the tradeoffs situ" processes below the surface of the land. which are a part of life from here on out on mineral extraction more attractive to the If thls project meets our expectations, we investment community-for that is one key wlll have the keys which unlock another this small crowded planet. to the storehouse of mineral wealth in the If the responsibllity for balancing these hu~e reservoir of energy. earth's crust. We will seek to make our na­ But whlle we work to shift the energy fuel tradeoffs were entrusted to one agency, there .tion less dependent upon unsure sources load off of petroleum, we recognize that we would be a new sense of urgency about the for its material needs of all klnds. must keep petroleum fiowlng to the huge in­ research projects which are taking the rough With your help, we will prove that there ventory of equipment which can burn noth­ edges off of those compromises. is no shortage of minerals-there is no I! the responsib111ty for all natural re­ ing else. The quickest and surest method of sources were placed in one agency, there shortage of energy. increasing our petroleum supplies is through would be less likelihood of conftlcting policies This is the challenge facing us. With your the. conven tiona! domestic oil and gas pro­ continued help, we are confident of meeting and programs-produ~ing diametrically op­ gram. that challenge. We have greatly expanded the amount of posed results-coming from different Outer Continental Shelf acreag-e we are offer­ agencies, each charged with a fragment of the problem. ing for leMe for oil and gas exploration. This If all the responsib11lty for the present and year our offerings wlll triple the average of future management of our natural re­ RECOMMENDATIONS FOR the past three years. Next year we plan to sources--energy and mineral resources to­ Bn.INGUAL EDUCATION lea.se 10 million acres, about as much of the gether-we!'e placed in one agency, there total Outer Continental Shelf as has been would be less reason for needing short term lea.."ed in all the years before 1974. We have special agencies to handle special short term everv reaflon to believe that the accelerated emergencies. The one agency charged with HON. GEORGE M. O'BRIEN OCS lea"lng: wm help bring a turn around handling the entire problem coUld certainly OF ILLINOIS in our del'llning: rate of oil and !las produc­ plan ahead much better-and not need the IN THE HOUSE OF REPRESENTATIVES tion. We do not believe that there is a baste emergency, crash type of programs which scarcitv of ol1 and gas-althou~?"h we realize have resulted from fragmented responsibU­ Wednesday, November 20, 1974 tlu~t all fossil fuels are finite. There is an ities in the past. Mr. O'BRIEN. Mr. Speaker, bilingual outer limit to fossil fuels. No matter how we Other legislation before the Congress in­ conserve their use, no matter huw we expe­ education programs are a relatively new cludes the Organic Act for the Bureau of and very useful concept in educating dite their discovery and extraction-obvi­ Land Management, legislation which will ously, there will come a time when we have give guidance to the agency which manages non-English-speaking students. These exhausted the fossil fuels. more of our public lands than any other. programs are still in the experimental But before that time com.es around, we Legislation before the Congress now will stage and are subject to constant re· will have readied the technologies which will revise the Mining and Mineral Leasing laws, evaluation to develop their full poten­ economically extract petroleum from oil shale provide for the establishment of deepwater tial as teaching techniques. Nove,mbe1" 20, 1974 EXTENSIONS OF REMARKS 36815 Illinois superintendent of public edu­ typing" so that the students relations be wa1·, no insurmountable obstacles to the re­ cati9n, Mr. .Michael J. Bakalis, recently improved. They should be made proud of opening of the Suez Canal remained. The their native language and ethnic back­ resulting prospect of an annual income ex­ held public hearings to assist in reeval­ ground. ceeding £100 million from tankers taking the uating and improving State bilingual Students wanting to learn or improve their short cut round Africa revived Egypt's old education programs. Among those testi­ knowledge of the Spanish language, should plans to modernise the canal, creating an fying was my good friend from Joliet, take the classes offered in the Spanish de• environment in which tourism and industry Emly Medina, who presented her recom­ partment; they would also have the oppor­ could :flourish in the surrounding desert. mendations based on years of teaching tunity to learn some of the Spanish and Before the Six-Day war brought traffic to both Spanish and English as second Latin American cultures in the more ad• a standstill, prospects for the canal looked languages. vanced classes. good. In January 1967, a record 29 million An important consideration would be to tonnes of ships and cargo passed through the I am taking this opportunity to share prepare programs of studies according to the canal, mainly from the south (Suez) to the Mrs. Medina's views with my colleagues: different study, work, or social needs of the Mediterranean (Port Said). Over the pre­ VIEWS . AND RECOMMENDATIONS CONCERNING students, and to use a practical simplified vious 10 years, the amount of oil shipped BILINGUAL EDUCATION grammar to teach English in a relative short through the canal had increased by 155 per (By Emly U. Medina) time. cent, and the tonnage of dry cargo by 70 The material in this report is a record of My suggestions for the bilingual teacher. per cent. and teacher-aide would be that they take an But already, the Egyptians were begiw1itig my involvement With 1·eadings about the especial training ·course to be aware of the philosophy and knowledge of the educa­ to realise the need to dredge and widen the differences in the educational systems and canal. In the late 1950s the government drew tional theories and teaching techniques, and on the particular difficulties that the student the result of my personal experiences gained up the Nasser Project to anticipate and avoid has when learning English as a second lan~ during the past nineteen years of teaching the potential economic damage that could guage. result from the growth in the numbers of English and Spanish as second languages. In what concerns the adult student I can Also my participation in the coordination of tankers so large as to be unable to use the say that the TESOL has to think of teaching canal route. The first stage in the project, various programs and projects aimed at serv­ informal conversational English rather than ing the Migrant workers and other Spanish­ deepening the canal so that ships of 38ft literary English; has to relate the classroom draught could pass through, was completed speaking people of Joliet, my foreign back­ t eaching of simple basic English to its prac­ ground, and the fact that I too learned in February 1964. The Six-Day war halted t ical application to fit into the mainstream work on the second stage (dredging to allow English as a second language; all these fac­ of t hP. community where they live. tors permit me to have confidence in pro­ entry of ships drawing 40 ft of water), and ducing viewpoints which might be helpful the third stage never got oft' the ground. for a more effect ive planning of bilingual Proposals even more ambitious than those education. are now abroad. Today's immediate objective As I evaluate the actual situation in the OPENING THE SUEZ CANAL is to restore the canal for laden ships of elementary level, t he bilingual programs are 70,000 tonnes deadweight and 150,000 tonnes in ballast. By the early 1980s, the Egyptians being carried successfully. The children ho;:'e that even larger tankers (250,000 tonnes from the lower grades have the advantage HON. LEE H. HAMILTON laden deadweight) will be passing through. that the basic elementary language arts lend OF INDIANA themselves easily for bilingual learning; All this is, however, only a beginning. Port IN THE HOUSE OF REPRESENTATIVES Said and Suez harbours will be enlarged and they have ready available many books and will become free trade areas. Three new audio-visual materials; generally children Wednesday, November 20, 1974 cities (one named after President Sadat) will in their early years have more enthusiasm Mr. HAMILTON. Mr. Speaker, for the be built near Cairo. Ismailia will be developed for learning; and there is much more parent as a tourist resort (at the moment it boasts participation in the school activities. The past several months the United States and some European states have been in­ not a single hotel). An eight-lane road run­ only recommendation I would make is that, ning the length of the canal and passing especially at this level, the teacher teaching volved in an eft'ort to clear the Suez under it through five tunnels will be con­ Spanish as a language should be able to pro­ Canal of mines and ships so that that structed. A $400 million pipeline (the nounce it conectly or have a native Spanish waterway can again be open to inter­ SUMED) will be built by an Italian corpora­ speaking aide do it, so that there is no con­ national shipping and be an important tion between Suez and Alexandria, where a ilict between the Spanish spoken at their source of revenue for the Egyptian Gov­ refinery is planned. Much of this will be homes and t he one taught at the grade financed by foreign capital. The U.S. Chase schools. ernment. The canal which has been closed for 7 Manhattan and Orion banks have a stake in In the upper grades and high schools the the SUMED pipeline, which will bring 120 problem of the Spanish American students years will hopefully open for the use by million tonnes of oil a year to the Mediter­ not getting through the educational system all nations sometime next year but it re­ ranean. The Gulf oil states have also money is more complicated. No doubt, the language mains to be seen whether the new Suez invested in SUMED. The Japanese have of­ barrier 1s a serious obstacle, but there are Canal will regain the pre-eminence it fered hard cash for the grandiose £3000 mil­ also other 1·easons to consider; the cultural dlfferences in their educational backgrounds once held. Before the 1967 Middle East lion development projects. Honda plans a car and other ways of life; also the general prob­ war, one-fifth of all the oil shipped any­ plant in a customs-free zone, Goodyear is lems and apathy of the youngsters, in our where in the world passed through the thinking of a tyre plant in Egypt, and even modern society, to put forth the effort to Suez Canal. It may be difficult for the British Leyland has been reported to be learn. I feel that no matter the quality or Egyptian Government to win back all of thinking of a plant. quantity of the special programs available, that business. WAR SPOILS CANALS if the students are not motivated to use their The international eft'orts to reopen the Before any of this can begin, however, mental and physical capacities to learn, there canal and the prospects for the canal someone had to clean up the debris of two is no way to dimish the scholastic drop out wars-admittedly brief, but between armies of school problems. once opened are the subject of a brief equipped With some of the most sophisticated To alleviate somewhat the problems and ln article which appeared in the British weapons yet devised. Surprisingly the British an attempt to find solutions, I think it would journal, New Scientist, in September were first to be accepted as "supersweeps" be very good to have bilingual counselors, at 1974 and which I bring to the attention (some say they asked the Egyptians to ask). the high school level especially, so that they of mY colleagues. Naval attaches were queueing to offer their can create some enthusiasm in the Spanish The article follows: services as if for tickets of admission to the speaking students and guide them better in ALL CLEAR FOR THE SUEZ CANAL? Ark. On 11 April, the 260-strong Royal Naval their choice of subjects according do their force of a mother ship (HMS Abdiel) , and need and interests, with career exploration, (By Lawrence McGinty) three minehunters (Maxton, Bossington, and and some of the students perhaps would do (Immediately before the Six-Day war, one the spanking new, plastic-hulled Wilton) better by going into vocational programs. fifth of all the oil shipped anywhere in the arrived at Port Said to begin their unhealthy The Spanish American students should world passed through the Suez canal. Next task. US and France (belatedly) were also be made to realize that if they decided year, after seven years' closure, the canal accepted gratefully, the Russians turned to make United States their permanent will be clear of unexploded weaponry. But down-but later they were given the inter­ home, it is of utmost importance to learn will the new Suez canal regain the pre-emi­ esting job of sweeping their own mines laid the English language. To explain. to them nence it once held?) by Egyptian forces in the Strait of Gubal that English is not going to replace their The Nile Hilton is doing good business, (between the Gulf of Suez and the Red Sea). original language but add to their knowledge thanks to the gaggle of bankers, financiers Seven Russian minesweepers are now clearing so that they might go on to higher educa­ and industrialists p1·actically falling over the minefields in splendid isolation. t ion and function better in whatever they do. each other to help Egypt mount a huge £3000 This minefield was only one of five main It would also help' to set meetings with n'lillion programme of reconstruction and in­ obstructions in the canal. The most serious other American students and have talks or dustrial development. After the ceasefire of obstacles to free navigation are the 10 wreckS films on the nature· and process of "stereo- 22 October 1973 which ended the Yom Kippur that have festered in the canal sincP 1967 at 36816 EXTENSIONS OF REMARKS November 20, 19·74 Port Said, near Suez, and between Lake ship moves on 150 metres. The process ls SHORT-CffiCurriNG THE CHEAP Timsah and the Great Bitter Lake. The im­ slow, the hunters covering only about 1 km POWER FANTASY probable-sounding company of MurphJ a day. The Ust of explosives that have been Pacific wm cut up and cart away the wrecks destroyed ln this way 1s formidable--458 using two salvage ships brought in from the sticks of gellgnlte, 69 missiles, 190 grenades, Phi11ppines and two German 500-tonne 125 anti-tank mines, 516 anti-personnel HON. GEORGE E. BROWN, JR. cranes. This part of the clearan~.:e (operation mines, one napalm bomb, and so on. To the OF CALIFORNIA Nimrod Spar) should be complete in time Russians' chagrin, most of these weapons IN THE HOUSE OF REPRESENTATIVES for Murphy's men to jet home for Christmas. are theirs. Two causeways across the canal are proving The clearance operation (due to end ln Wednesday, November 20, 1974 the most intransigent barriers. That built by November) has presented few technical Mr. BROWN of California. Mr. the Egyptians (between IsmaUia and El problems-except in the Great Bitter Lake. Qantara) is not too difiicult to clear, but the Because the causeway at the northern en­ Speaker, all of us in this body have, at Israeli causeway at Deversoir (at the north­ trance to the lake has prevented tidal move­ one time or another, had to concern ern entrance to the Great Bitter Lake) is ments, and because there is no shipping to ourselves with economic, energy, and en­ built of more permanent materials-sand, disturb the lake's waters, a 1-2 metres thick vironmental issues. We have, by choice concrete slabs and the occasional mine. layer of water saltier than that of the Dead and by chance, separated these issues in But the most tedious and dangerous of all Sea has formed over the bottom of the lake. our deliberations. Yet they all intercon­ the operations is destroying the Uve ordnance Divers have found it almost impossible to nect, and those interconnections appear cluttering up the canal and banks. The first penetrate the layer, so buoyant is the water. half of the operation, clearing the banks for Sonar operators have seen contacts slowly stronger as we get farther away from the 500 m on either side, was completed on 22 disappear before their eyes, because of the situation. July by the Egyptian Army, advised and effect of the dense layer on the sonar beam. On a global scale, the health of the trained by 100 US Army experts. Somt> 670,000 But no-one, least of all the Naval experts, economy is firmly connected to the health mines were cleared, along with a motley col­ is wilUng to guarantee the safety of the canal of the natural environment. There is lection of anti-personnel rockets and cluster when re-opened. Once the joint clearance some evidence, upon which more re­ bombs. omcially, 14 Egyptians were killed and operation is complete, the US Navy will carry search needs to be done, that any further 40 injurad in this operation. out an aerial magnetometer survey of the increase in energy use on a global scale At least on the banks the disposal men whole canal to spot any mines that may could see the mines they were playing with. have been missed. But confidence in the will endanger the natural environment On the canal bottom, more often than not, comprehensiveness of that survey ls not and undermine the most basic economy, divers work blind, lovingly running their high. Privately, naval officers admit that lt is agriculture. hands over an object to distinguish between only a matter of time before a dredger hits This possibility is too selious to ignore. beer cans and anti-personnel bombs that ex­ an unexploded weapon embedded in the While I expect to say more about the plode at the slightest pressure. As a pre­ canal bottom. need for greater research on global en­ liminary sweep, US helicopters operating SAFE--BUT STABLE? vironmental problems in the near future, from USS Iwo Jima swept magnetic hydro­ But the safety of the canal is only the I would like to bring this potential prob­ foils, which trigger mines, over the whole first condition that has to be met before lem to the attention of my colleagues length of the canal and Suez Bay, completing Egypt can once again capture the huge por­ operation Nimbus Star by June. at this time. tion of world shipping that once passed The October issue of Natural History The dangerous job of actually diving to through the Suez canal. The Middle East 1s clear ordnance on the canal bottom was car­ hardly the most politically stable area in the magazine contained a cogent article on ried out by British, US, French, and Egyptian world and Western oil companies wlll need this subject that I would like to share. forces. The French were responsible for clear• some convincing that the picture has The central theme of the article is found ing mines in shallow water up to 3 metres changed. This is one reason why the Egyp­ in the following sentence: deep from Kilometer 20 onwards. Over 40 tians are so anxious to Involve foreign capital These facts taken together suggest that US divers advised and trained Egyptian clear­ 1n the reconstruction projects-countries ance divers. Theoretically, US diver;; were not we have reached a point ln the development with heavy capital stakes in Egypt might be of our current civilization where further allowed to touch mines-an accident in the more concerned to maintain stab111ty in the country most Americans think at least half· increase in flows of energy through tech· area. But the oil companies are certain that nology will cause a significant reduction in communist would have been too embarrass­ they can no longer trust a single navigation­ ing. omcers are reluctant to say how the capacity of the earth to support man· us al route to the Persian Gulf. kind. many Egyptians have been kllled in the op­ Even more ominous for the Egyptians is eration, but senior officers begrudgingly ad· the acceleration of the trend toward larger I commend this article to my col· mit that the number is probably more oll (and other bulk) carriers. Some 40 per leagues. than 80. cent of all the tankers in the world are over The article follows: The Royal Navy was given probably the 200,000 tonnes and draw more than 60 ft of most difficult task of clearing the rest of the water. They could not pass through the SHORT-CmCUITING THE CHEAP POWER canal bottom. It rapidly learnt that visib111ty canal until the early 1980s, but by 1978, 55 FANTASY in water between three and eight metres per cent of the world's tankers will be more (By George M. Woodwell) deep is so bad that divers would have to go than 200,000 tonnes. Growth ln the num­ Energy drives our world. Energy from oil over this whole area at each side of the bers of very large tankers may be outpacing is sending me eastward at 600 mlles per hour canal more or less by hand. The task fell to the Egyptians' ab111ty to widen and deepen in a giant airplane flying 30,000 feet over the the 14-man Fleet Clearance Diving Team the Suez canal. Wyoming desert. Energy from oil was used who used a .. jackstay" technique-three The oil companies, basing their estimates to smelt the aluminum to build the plane; divers roped together tn the water inch their on hard facts like these, are doubtful that more energy from oil was used to make the way forward, blowing up any mines they they will ever route a sign1flcant portion of plastic tray I'm writing on, the plastic fiber find. their oil through Suez. Dry cargo on passage of the seats; still more to freeze the ice in my Divers on the minehunters operate differ­ to Australia, the Far East and India may thus lemonade, served in a plastic cup. Most of my ently. The 450-tonne minehunter anchors in make up a greater proportion of traffic world is fossil fueled-but not quite all. mid-channel and searches the bottom with through Suez than lt dld before the closure. A hitchhiking fly tickles my hand. I flick a high-accuracy sonar beam that can be There are undoubted advantages of the Suez it away. It moves to the window, attracted by steered through 360°. When a contact is route especially for 12,000 tonne general cargo the sunlight reflected from the plane's wings. made (it could be as small as a beer can), vessels which can easily pass through the The fly's source of energy is, of course, the two divers in a Gemini rubber dinghy are dl· canal. For example, lt reduces by 9 days sun. This solar energy flows to the insect rected by radio to a position directly above. through green plants somewhere far away. They drop a diablo--two metal cones, noses the trip between Europe and Singapore. Much will therefore depend on the deli­ And the energy I use ln flicking my hand also together-that acts as a sonar reO.ector. The comes from the sun, fixed in photosynthesis officer in the sonar room can then see how cate financial balance between the dues the somewhere recently, perhaps in the great far the contact is from the diablo and direct canal authority chooses, and the ever-rising green circles of western Nebraska's irrigated the diver who has to identify the contact. cost of fuel for tankers (which trebled be­ farmland now passing below me. Outside my Usually it turns out to be a metal girder, or tween October 1972 and January 1974). Some silver capsule, the sun dominates: warming pile of rocks. It so, it ts charted and the understandably belleve that the canal au­ the land, evaporating water, heating the air, divers move on. If, however, the diver recog­ thority will not make the mistake of pricing circulating the oceans, making the weather, nises a contact as ordnance, it 1s destroyed. Itself out of the market. That may well be causing the winds-and providing the energy Once the minehunter's sonar, which the true, but the fact remains that Egypt's far­ for all life. Navy stlll considers secret even though tt ts reaching plans for the canal and lts hinter.. These are the two sources of energy used 10 years old, has swept through 360°, the la.nd are a massive gamble. by man. The first, principally fossil fuels- •.

November 20, 1974 EXTENSIONS OF REMARKS 36817 but also including water power, nuclear pow­ annually; it has not Increased In recent ionizing radiation was set up In the center er. and geothermal power, among other mi­ years despite intenslfled etrorts In flshing. of a Uniform stand of oak-pine forest. The nor source&-dri ves our technology. The other Whlle better management of fisheries might radiation source was 9,500 curies of cesium source, the sun, drives the biosphere. A small increase the yield somewhat, at present, fish 137, a radioactive by-product of the atomic :fraction of the total energy from the sun, are probably being harvested at about the energy industry that emits gamma radiation perhaps 0.1 percent of all the solar energy maximum rate possible. similar to X-rays. The source was large reaching the top of the atmosphere, is fixed In addition to these uses of food, we har­ enough to provide a gradient of radiation in­ in photosynthesis and becomes available to vest large quantities of lumber for fuel, tensity ranging from several thousand roent­ support life. Most of the balance is reflected pulp, and construction purposes from natural gens per day within a few yards of the point immediately back Into space. Both sources­ or lightly managed plant communities of emission to about 1 roentgen per day at energy in the technological segment and around the world. The total current harvest 400 feet. The experiment was started 1n No· energy from biotic resources-are currently of forests probably exceeds the annual vember, 1961, and has continued to the in short supply, locally and around the world. growth, since massive inroads are being made present. In addition. shortages of fossil fuels have In this decade on old-growth forests. Such Within six months of the start of irradia­ profound implications for all biotic resources, a drain on natural ecosystems cannot be sus­ tion, the pattern of damage to the vegetation including food. tained, of course. A conservative estimate had been established. There were five clear The immediate problem is a decline 1n the suggests that as much as 30 to 50 percent of zones of effect. In a zone close to the radia­ rate of increase in oil production in the the net primary production of the earth is tion source, no higher plants survived. At United States. Total production appears to being diverted to direct use by man for sup­ slightly lower radiation exposures only cer• have reached a peak just when worldwide de­ port of the current population. tain hardy herbaceous plants of the forest mand is soaring. The decline in resources This estimate of the use of the biota does floor survived, principally the sedge Carez means that the United States no longer holds not take Into consideration what I call the pensylvanica. At lower exposures, the carex a dominant role in bargaining !or oil else­ "public service functions of nature." These was joined by the shrubs of the forest: blue­ where. As a result of this squeeze, prices are Include the stabilization of water flows berries and huckleberries. At st111 lowe.r ex­ rising and gross changes are occurring in the through river valleys, the purification of air posures, about 160 feet from the source, cer­ relative costs of different sources of energy. and water, the amelioration of local climate, tain trees survived, forming an impoverished What are the implications of these changes the control of plant and animal populations, oak forest zone. At exposures below a few tor biotic resources? the stabllization of soils, and the retention roentgens per day, all of the higher plants of We should base our answer on a considera­ of nutrients in biotic cycles. These func­ the forest survived, including the indigenous tion of the size of these two energy flows, tions are commonly assumed to continue no pine Pinus rigida. The pine, which is the one through technology and one through matter how intensively biotic resources are most sensitive to ionizing radiation, was re­ life. Two recent studies are of help. The exploited, but there is powerful evidence that moved by very low exposures, leaving a forest .. Energy Policy Project," financed by the these services performed by nature are now that appeared otherwise intact . Ford Foundation, issued a prellmlnary re­ being lost. This form of biotic change is not unusual. port not long ago that summarized the vari­ The losses are due to two types of biotic While the cause of the change 1n the Brook­ ous uses of nonbiotlc energy. According to changes. First, there has been an unp.rec­ haven experiment was an extraordinary ex­ the report, the total energy use in 1973 !rom edented decrease In numbers of species. We posure to ionizing radiation, parallel changes all nonbiotlc sources, including fossil fuels, are living In a period in which the numbers also take place where no such experiment hydropower, geothermal sources, and nu­ of different plants and animals are being has been conducted. A pattern of systematic clear power was about 66 trillion (66 X 1012) reduced more rapidly than at any other time change of structure occurs in forests ex­ kllowatt-hours. The United States consumed in the history of the earth. Second, the losses posed to wind, salt spray, and extremes of about one-third of this. Use has been In­ of species are coincident with a systematic pollution. Similar changes in vegetation oc­ creasing rapidly in recent years. It now takes reduction In the structure of natural ecosys­ cur additionally around smelters that emit about twelve years for total energy use to tems around the world, especially 1n forests. oxides of sulfur and heavy metals into the at­ double; the U.S. doubling time has recently Clear-cutting of old-growth stands reduces mosphere. As human Influences spread been estimated at about eighteen years. not only the standing crop of trees but may around the world, we find various stages of The second study, by R. H. Whittaker and also reduce the capacity of the site for photo­ ecological impoverishment characteristic of G. E. Likens of Cornell University, is a com­ synthesis. Losses of nutrients, changes in regions that have long been inhabited by prehensive appraisal of the total amount the physical conditions of soils, erosion, and man. The vegetation of the Mediterranean of energy fixed on earth by green plants. other changes In the site frequently reduce region and the Levant are impoverished That total is thought to be equivalent to Its capacity for supporting vegetation of any forests, reduced by the effects of human about 840 trillion kilowatt-hours per year. type. The spread of an impoverished Sahara habitation over thousands of years. Thls is net primary production, the energy southward In Africa, the reduction of tropi­ The common assumption is that indus­ available to support animals, including man, cal rain forests and their replacement witb trial energy has freed man from dependence and the organisms of decay. About two-thirds scrub, and the destruction of large areas of on biotic resources. Nothing could be fur­ of thls total is fixed In terrestrial ecosys­ temperate-zone forests all reduce the capac­ ther from the truth. The real effect of in­ tems, mostly forests. Agriculture supplies ity of the earth tor sustaining human life, dustrial flows of energy has been to allow the about one-twentieth of the total. Contrary the arguments of exploiters notwithstanding. transformation of net production from less to popular belief, agriculture is not a cor­ The net effect of these changes is the grad­ useful to more useful forms. The trans­ nucopia of new resources In support of man; ual, cumulative, and largely irreversible formations are maintained, in turn, only at it is simply a diversion of net primary pro­ biotic impoverishment of the earth. The ex­ considerable effort and expense. The re­ duction from one form and placed to an­ tinction of species is an irreversible change. placement of forests by agricultural com­ other. The diversion 1s. made by lavish use of The loss of nutrients normally held In the munities of various types is one such trans­ energy In technology, Recent estimates sug­ biota of the uplands is irreversible in a time formation. The use of energy in technology gest that several units of fossil fuel energy span that is of interest to us. The destruction also allows the transport of net primary pro­ are required to produce each unit of food of natural communities in lakes, streams, and duction around the world to convenient energy. This retlo demonstrates the Im­ coastal oceans by eutrophication and pollu­ places for man. portance of society's energy flows in main­ tion, and the heedless redistribution of spe­ But there are limits. In the fifteen years taining modern agriculture. cies by man also constitute irreversible between 1951 and 1966, a 34 percent increase The energy available worldwide as. net change. In the Great Lakes, for example, the in food production waa accompanied by a primary production was probably ten to fif­ combined effects of human actions In chang­ 146 percent increase in the use of nitrates teen times the amount of energy used in ing drainage basins, modifying patterns of and a 300 percent increase in the use of the technological segment of society in 1973. water flow, causing pollution, and carelessly pesticides. There is every reason to believe How much of this solar energy Is used to Introducing alien fish has grossly impaired that the further intensification of agricul­ sustain human life? Direct use Includes all the abtllty of the lakes to supply food and ture will require similarly disproportionate of the energy fixed in agriculture for food other services for man. The question is, how efforts as less fertile lands are put into pro­ production. Cultivated land supplies net pri­ do we recognize the small steps that lead to duction. Moreover, there is reason to fear mary production approximately equivalent such major changes? that toxlflcation of the environment over The structure and function of natural com­ large areas wlll aggravate this problem. As to 40 or 50 trillion kilowatt-hours annually. munities follow clear and well-known pat­ food becomes more and more expensive, We must add to that estimate the harvests of terms of change. The patterns of biotic im­ driven up In price by scarcities born of in­ food from natural systems, Including the poverishment have been known in many creasing population, the · pressures on agri­ harvests of grazing mammals. The mag­ cases for hundreds, even thousands, of culture can be expected to increase. Be­ nitude of this entire segment might be as years. One of the best modern exam­ cause ever larger amounts of nitrates and much again as the flow to man from cul­ ples is an experiment at Brookhaven Na­ pesticides are required to produce an lm· tivated land. tional Laboratory, where· for more than a proved agricultural yteld, the tntenslflcatlon We also harvest fish from the oceans. The decade the effects of ionizing radiation on a of agriculture wm require additional energy. total yield of fish ls about 70 mlllion tons forest have been examined. A large source o:r This energy will be applied less efficiently ' 36818 EXTENSIONS OF REMARKS November 20, 1974 in the future than at present. Just as we primary productivity of natural vegetation FURTHER EVIDENCE OF THE FOLLY appear to have reached the limits of oceanic and of agriculture in the New England OF THE DETENTE WITH COMMU• fisheries so, In many Instances, we may also states would represent a loss of energy equiv­ have reached the limits of terrestrial agri· alent to the power produced by fifteen 1,000- NIST GOVERNMENTS culture, unless remarkable further advances megawatt reactors. are made in management techniques. The segments of society that are most The problem is even more complicated. As closely dependent on natural resources, such HON. JOHN J. ROONEY demand for energy to feed the economic and as farmers and fishermen, would feel this OF NEW YORK technological segments of the still-growing loss most, but all of us would feel it to some industrialized nations mounts, there Is In· degree. A reduction in the yields of forests IN THE HOUSE OF REPRESENTATIVES creasing pressure to lower the standards for and agriculture would raise the prices of all Wednesday, November 20, 1974 pollution control. Nuclear power Is widely forest products and of food. Effects would heralded as one important part of any pos­ extend to estuarine and coastal fisheries as Mr. ROONEY of New York. Mr. sible solution to the energy squeeze. Advo­ well. This is simply another instance In Speaker, under the permission heretofore cates of nuclear power hope to find sites for which the use of nonrenewable resources has granted me I include with these few power plants where there is abundant water been, and continues to be, allowed to destroy remarks the following article from News­ for coollng. Nuclear power plants now in ex­ renewable resources. week magazine of November 25, 1974, en­ istence produce about 1,000 megawatts each We cannot separate the squeeze on energy titled "The Communist World: Sneak­ and require cooling water in volumes of 30 used in support of technology from the to 50 m1111on gallons per hour. There are few squeeze on biotic resources: nor can we sep­ ing Up on Inflation." This gives us some bodies of water or rivers in the continental arate the squeeze on these resources from the evidence of the ~. nsincerity and untruths United States that can supply this amount growing squeeze on food and the quality of fed to the American people by the red of water for once-through cooling to such life. Despite the dreams of technologists, the atheistic Communist leader of Poland power plants. The present hope is that these availability of cheap energy has not created Mr. Gierek not too long ago when he was plants can be placed along the coasts, per­ new basic resources for human use: instead, entertained and given an audience by the haps not on the shore at all but In the ocean, the net effect has been a reduction in the net Foreign Affairs Committee of the House where there is abundant salt water for cool­ primary productivity of the earth and a con• of Representatives, as well as at a lunch­ ing. The plants, however, must necessarily comitant and now soaring increase in the be located In fairly shallow waters and will rate of loss of species. eon at the National Press Club here in hence affect coastal fisheries. There is no These facts taken together suggest that Washington and at other places. possib111ty that these establlshments wm im­ we have reached a point in the development The article follows: prove the fisheries: there are many reasons of our current civilization where further in­ THE CoMMUNIST WoRLD: "SNEAKING" UP for belleving that they wm diminish them, crease in flows of energy through technology ON INFLATION perhaps greatly. The principal problem is the will cause a significant reduction in the While the rest of the world struggles with large volume of water that nuclear reactors capacity of the earth to support mankind. intractable inflation, the Communist nations use, pasteurizing it with heat. The world cannot use more energy safely. seem to have reached an economic millen­ Reactors also release toxic substances used The arguments for relaxation of controls nium. In Russia., prices of such necessities as to ktll organisms that might foul their cool­ on pollution or for the further diffusion of milk, bread and rent remain virtually where ing colls. In addition, there is erosion of toxic the deleterious effects of technology around they were more than a decade ago. In Prague, metals from the reactors themselves in quan­ the globe are clearly and simply wrong. So, sugar prices-which have increased more tities that may approach several tons annu­ too, are the dreams of continued economic than 300 per cent in the U.S. in the past ally, as well as the continuous release of growth in the patterns of past decades, using year--6re stlll at 1937 levels. In China, the radioactivity. This latter problem is more abundant new supplies of energy. We have prices of cotton cloth, medicines and watches severe in the oceans than on land because reached the point where biotic resources are are constantly being reduced. there is little possibility of cleaning up any crashing-limits are with us now. Tech­ But Westerners need feel no envy. Prices offshore radioactive spill. Once radioactive nology may alleviate some of the problems for staples in the Communist lands stay low nuclides are released into coastal waters, they at present r ates of energy use, but another only because of heavy government subsidies, wm circulate in biotic systems and have the doubling of energy consumption In the and items that consumers In other countries potential for affecting humans. This latter United States may be impossible--and a have long considered necessities continue to fact alone is sufficient reason to give serious worldwide doubling is frightening. be beyond the reach of the great majority of pause to those who advocate offl'lhore reac­ My glistening aluminum capsule--low on people. The aveMge Eastern European wage tors. One large radioactive spill from such a fuel, empty of food, its tasteless movie earner, for example, has to fork over two and reactor could render a segment of the coastal spent-is sinking through the smoke and a half years' pay for an automobile vs. about fisheries unfit for human consumption. fog of New York City toward the concrete six months' pay in the U.S. Furthermore, Would the gain in energv be worth adding strip that was formerly part of Jamaica. Bay, Communist governments do raise prices on such a risk to other certain costs? Far from once one of the largest salt marshes in the all sorts of goods under the table while offi· appearing as a boon, nuclear power looks world. We have just crossed the Hudson cially clinging to a fiction of price stability. more and more like an unacceptable burden. River, passed the towers of Manhattan, and In some Eastern European countries, prices are gradually descending over mile after of fuel and food are openly skipping ahead Another example of the interrelationships square mile of brick tenements in Brooklyn. at a pace like the West's. between technology and natural systems Energy makes this city possible--the same CONTROL helps to clarify this apparent dilemma.. Rains energy and technological genius that pro­ over much of the eastern part of North duced my plane, plus energy from natural The key to price stability in the Commu­ America. have become extremely acid. The systems, from the green of those irrigated nist world lies in tight government economic acidity presumably comes from oxides of sul­ plots in western Nebraska, the green of the control. The bureaucracy simply dictates the fur and nitrates formed in the combustion forests of New York State's Catsklll and price of a loaf of bread and of all the costs of fossil fuels. Apparently the bu1·ntng of sul­ Adirondack mountains, the greens and that go into producing it, from the price fur-containing oil and coal and the use of farmers get for their wheat to the wages browns and reds of the ocean and beyond paid to the bakers at the ovens. As costs rise internal combustion automobile engines that Far Rockaway. along the line, they are absorbed by rising fix nitrogen as a by-product have tut•ned The earth's surface-the land and the subsidies. precipitation into a dilute mixture of sul· oceans--is an energy-fixing machine. ~om In limited areas where no subsidies exist, furic and nitric acid. The acidity is in the this point of view, what is the real cost of consumer-goods prices can be as painfully range of 3 to 4 on the pH scale, sufficient to this city, measu1·ed in total space on a finite high as they are anywhere else around the leach nutl'ients from leaves and, over a pe­ globe? No one knows for sure, but the cost globe. Farmers in the Soviet bloc, for in­ riod of years, from soils. Soil scientists rec­ reaches far beyond the city or the state or stance, are allowed to sell on the free market ognize that continued leaching with a weak even the entire country to include a large any of their produce that isn't needed to fill acid will reduce the productivity of agricul­ segment of the North Atlantic and a large their quotas to the government-and the ture and of other vegetations. portion of the atmosphere. It includes, as prices shoppers pay are typically 60 per cent well, a share of problems that are worldwide higher than those paid in government-con­ A 10 percent reduction in agricultural pro­ trolled shops. Similarly, better-to-do Rus­ ductivity is difficult to measure and might in scope-the energy crisis, the use of DDT sians pay dearly for luxuries such a.s fur hats, be recognizable only over a period of several and other poisons, the control of acid rains, tape recorders and French-made suits that years. Yet a reduction of that proportion in the management of world fisheries and the are peddled without any controls at second­ the productivity of forests and of agriculture impending worldwide crisis of biotic im­ hand stores. Customers at the busy Komis­ in New England seems to be a realtstic pre­ poverishment. The earth is overpopulated slon store on Prospekt Mira in Moscow re• diction if acid rains continue for ten years and overdeveloped; the important problem cently bought up a batch of ladies' boots that or more. A 10 percent reduction in the net now is ecology, not energy and not economics. went for a.s much a.s $78 a pair. November 21, 1974 CONGRESSIONAL RECORD ·-SENATE 36819 When it . suits their purpose--which ia Yet the lead article on the front page of room doctors, that nothing could have saved often-communist governments raise prices the betro~t News on October 28 reported Wright. · · readily through a thinly velled process that just such a ca,se in Michigan. "The slug entered one side o:f his head, the Czechs call ••sneaking!' Economist Harry went through the brain and exited through Trend of Radio Free .!!.lurope explains: "They I invite the attention of my colleagues the other side of the head," he said. "All he ww take a shirt off the matket, make only to this article, reprinted herein, and urge had was a heartbeat. The absence of spon­ minor changes such as sewing on dlfferent their consideration of this growing na­ taneous breathing Indicated massive brain buttons, and then put 1t back on the market tional problem. They may wish to study damage." as a •new' shirt--at a higher price." Because my suggestion incorporated in H.R. 16555 Two of Flint's four neurosurgeons were out the price of .. old" shirts has theoretically for seeking an evenhanded approach o:f town when the shooting occurred. One o:t been left unchanged, the official cost-of­ fair to all concerned. those, Dr. J. Murray Day, announced Oct. 13 living index isn't affected. Taking the same that he no longer would treat bee.d and tack, a Hungarian manufacturer brought The article follows: spinal injuries because o:f the threat o:f med­ out a .. new" frying pan with a slightly wider MALPRACTICE FEARS AND A DYING TEEN ical malpractice lawsuits and skyrocketing handle than the old model-and raised the (By Clark Hallas) insurance premiums. price by 15 per cent. A Pollsh candymaker An almost futne, six-hour search 1n three Hurley Hospital authorities were able to jacked up the price of one product 32 per Michigan cities to locate medical help for a contact two specialists, Dr. Somacb and Dr. cent after changing the name of the item 17-year-old Flint youth before he died of a Mark C. Levine, a Flint neurologist. But both from "mllk" chocolate to "creme" chocolate. critical head wound has dramatized doctors' refused the early morning call. HIDING fears o:f malpractice lawsuits. "I didn't like the circumstances o:f the The youth, Kirk Wright, was shot in the case," Dr. Somach said. "It was a gunshot The Pollsh Government pulled off an even wound, a category which carries some of the more blatant form of sneaking earlier this head about S a.m. Friday during an argument over a set of car keys, Flint pollee said. He highest risks for malpractice suits. year when it raised the price of alcoholic .. It's the kind o:f case that draws police and drinks as much as 50 per cent. The state died 7% hours later 1n the University Medical Center in Ann Arbor, after doctors at Flint's lawyers. The whole situation is carried out claimed that alcohol was not a .. basic" and 1n a medical-legal environment." that it wanted to discourage drinking... But Hurley Hospital were unable to find a neuro­ surgeon in Flint or Lansing wllllng to take Dr. Somach said his insurance premiums since practically everyone drinks 1n Poland," have gone from $750 a year to nearly $11,000 says Harry Trend, .. and they don't cut down the case. Medical authorities generally agreed that a year in the last decade despite his being because of the higher prices, the state ac­ "legally clean as a whistle." tually collects more money this way." the youth was so severely wounded that he probably would have died regardless of the "The fact that the boy (Wright) was ap· But in Eastern E1.lropean countries that parently a lost cause didn't enter into my increasingly must trade with the inflation­ ava1lab111ty of brain specialists. However, they said, the case points out the decision," he said. "I'm being candid with plagued West :for technology and the Mideast you. You can't rely on a telephone diagnosis. for on, there 1s simply no hiding severe price crisis in medical care which has led many specialists to screen patients they think may "Until a specialist examines a patient, increases. Hungary, which gets 15 per cent there's no way o:f tell1ng how serious the o:f its oil :from the Mideast, recently had to sue. "I'll be :frank about it," said Flint neuro­ injury is. But I told the hospital that I just raise the price of gasollne 40 per cent because didn't need that kind of exposure to medical of the skyrocketing cost. ••It would be an surgeon Dr. Frederick M. Somach, one of two malpractice litigation." exaggeration to claim that Hungarians were specialists who refused to treat Wright. "I'm being forced to compromise my Hippocratic Dr. Somach said, however, that within a glad about the announcement," Radio Buda­ few minutes after be turned down the Hur­ pest deadpanned. On top o:f that, food prices oath because of the temper of the times." ley case, he agreed to assist with another in some countries have started to jump. According to a Hurley Hospital spokesman, bead injury case at Flint's McLaren General Fruits and vegetables at Hungarian farmers' Wright, with a bullet hole in his head and Hospital. In that case, a man had been hit markets rose between 30 and 40 per cent breathing with the aid of a respirator, at 3:15 on the head with a hammer during an argu­ since last September because of poor harvests, a.m. was brought into the hospital's emer­ ment. and milk prices were raised as an incentive gency room where physicians began :flrst aid. "The man pulled through OK" Dr. Somach to producers. After it was determined that special medi­ said. "But there were no police or lawyers As inflation, both visible and sneaky, con­ cal attention was needed, nurses at the hos­ involved. You have to be selective nowadays." tinues, Communist citizens are becoming as pital began telephoning neurosurgeons and Dr. Levine said the hopelessness of the downbeat as their counterparts 1n the U.S., neurologists 1n the area. Unable to find a case, not malpractice fears. primarily deter­ Europe and Japan. "There are no drozyzna specialist who would take the case, an emer­ mined his decision. [Increased prices) in Poland," the Poles joke, gency room doctor contacted the University "Malpractice may have entered my mind, "providing you never eat out, don't drive, Medical Center in Ann Arbor. but the major factor was that the descrip­ wear the same old suit, buy nothing for your Doctors there also were reluctant to treat tion o:f his injuries indicated strongly that home and never take a sip of vodka. So who Wright and recommended Lansing because it he was already neurologically dead," he Raid. wants to live without inflation?" 1s closer to Flint, the Hurley spokesman said. ..I was exhausted when I got the call, hav­ When Lansing assistance failed, too, the ing worked 16 hours a day all week. Hurley staff contacted a neurosurgeon in Ann "I needed to save my strength for patients Arbor and Wright was sent there by ambu­ for whom there was some possibility of sav­ MALPRACTICE FEARS AND A DYING lance shortly after 5 a.m. TEEN ing-and that's what I told the hospital." He died in Ann Arbor about 10:30 a.m. The Dr. Levine said, however, that the mal­ neurosurgeon who treated him at the Uni­ practice situation has become so bad for HON. ROBERT J. HUBER versity Medical Center said it appeared the neurosurgeons and other specialists that youth had been beyond hope from the begin­ there is a "distinct possibllity in the :future" OF MICHIGAN ning. that patients who could be saved might find IN THE HOUSE OF REPRESENTATIVES "He was suffering from massive brain dam­ no doctor available. age and all signs pointed to neurological Wednesday, November 20, 1974 Neurosurgeons, orthopedic physicians and death," the doctor said. ''There was no spon­ anesthesiologists are particularly vulnerable Mr. HUBER. Mr. Speaker, it was per­ taneous breathing, very slight pulse, the to malpractice lawsuits and are considered hap inevitable that exorbitant malprac­ pupils were fixed and dilated and blood pres­ high risks by insurance companies. sure was extremely low-50/100." "It may just get to the point where Flint tice awards-and the fears of high-risk This opinion was shared by the youth's medical specialists that they could face won't have a neurosurgeon," be said. family doctor, Dr. Paul Markunas of Flint, The Michigan State Medical Society and a unjustified malpractice suits-eventually who was contacted by the hospital but did group called the Physicians Crisis Commit­ would lead physicians to turn their backs not see Wright. tee are seeking legislative and insurance on patients where th~ chance of success­ Dr. Markunas, a general practitioner who remedies to combat the malpractice prob­ ful treatment is minimal and the chance does not perform neurosurgery, said be was lem, which recently was outlined in a series of costly legal involvement is maximum. satisfied, after conferring with emergency of articles in The Detroit News.

SENATE-Thursday, November 21, 1974 The Senate met at 12 o'clock meridian 0 Father of our spirits, breathe upon the psalmist's promise, " He rest oreth my and was called to order by the President our restless and anxious spirits the calm­ soul.'' pro tempore