1758 CONGRESSIONAL RECORD- SENATE January 24, 1969

SENATE-Friday, January 24, 1969

PERSONNEL AND POWERS OJ' THE OJ'J'ICB trol Act), or the District of Columbia, upon TECHNICAL ASSISTANCE TO STATE AND LOCAL SEC. 102. (a) The Counsel shall appoint its request. GOVERNMENT and fix the compensation of such personnel (c) The functions of the Administrator of SEC. 108. The Counsel may furnish tech­ e.s he determines to be required for the per­ General Services under section 201(a) (4) of nical advice and assistance, Including in­ formance of the functions of the Office. the Federal Property and Administrative formation, on request to any State or local (b) In the performance of the functions Services Act of 1949, relating to representing government, college, university or other non­ of the Office, the Counsel ls authorized- Federal agencies in proceedings before Fed­ profit organization for the purpose of es­ ( 1) to obtain the service of experts and eral and State regulatory agencies, are tablishing and carrying out any progr~m consultants in accordance with section 3109 transferred to the Counsel, insofar as such of utmty consumer interest within the gen­ of title 5 of the United States Code; functions involve ut111ties as defined in this eral purposes of this Act. The Counsel may (2) to appoint such advisory committees Act. accept payments, in whole or in part, for fhe as the Counsel may determine to be neces­ (d) All officers, employees, property, ob­ costs of furnishing such assistance. All such sary or desirable for the effective perform­ ligations, cominitments, records and unex­ payments shall be credited to the appro­ ance of the functions of the Office; pended balances of appropriations, alloca­ priation made for the purposes of this sec­ (3) to designate representatives to serve tions, and other funds (available or to be tion. on such committees as the Counsel may de­ ma.de available) which are determined by REPORTING REQUIREMENTS termine to be necessary or desirable to main­ the Director of the Bureau of the Budget to relate primarily to the functions trans­ SEC. 109. A State, or local government of­ tain effective liaison With Federal agencies fice, college, university, or other nonprofit and with departments, agencies, and instru­ ferred pursuant to paragraph (c) are transferred to the Office. organization receiving a grant under this mentalities of the States which are engaged Act shall make reports and evaluations in in activities related to the functions of the (e) Section 201(a) (4) of the Federal Prop­ erty and Adm1nistrative Services Act of 1949 such form, at such times, and containing Office; and such information concerning the status and (4) to use the services, personnel, and is amended by inserting before the seini­ colon at the end thereof a comma and the application of Federal funds and the opera­ faclllties of Federal and State agencies, with tion of the approved program or projects their consent, With or without reimburse­ following: "except as provided in the In­ tergovernmental Ut111ty Consumers' Counsel as the Counsel may require, and shall keep ment therefor as determined by them. and make available such records as may be (c) Upon request made by the Counsel, Act of 1968." (f) Any action being carried out by the required by the Counsel for the verification each Federal agency is authorized and of such reports and evaluations. directed- Adm1nistrator of General Services prior to (1) to make its services, personnel, and the effective date of this section as part of REVIEW AND AUDrr fac11ities available to the greatest practicable the functions transferred to the Counsel SEC. 110. The Counsel and the Comp­ extent to the Office in the performance of under subsection (c) may be continued by troller General of the United States, or any its functions; and the Counsel. of their duly authorized representatives, shall (2) subject to provisions of law and reg­ (g) This section shall become effective on have a,ccess, tor the purpose of audit and ex­ ulations relating to the classification of in­ the ninetieth day following the date of en­ amination, to any books, documents, pa.pers, formation in the interest of national defense, actment of this Act. and records of a grant recipient that are to furnish to the Office such information, PUBLIC INJ'ORMATION AND REPORTS pertinent to the grant received. suggestions, estimates, and statistics as the SEc. 105. (a) The Counsel from time to TERMINATION OF GRANTS Counsel may determine to be necessary or time shall compile and disseminate to the SEC. 111. Whenever the Counsel, after desirable for the performance of the func­ public, through such publications and other tions of the Office. giving reasonable notice and opportunity means as he determines to be appropriate, for hearing to a grant recipient under this REPRESENTATION OF PUBLIC INTEREST such information as he considers to be nec­ essary or desirable for the protection of the Act,ftnds- SEC. 103. (a) Whenever there is pending economic interests of consumers of utility (1) that the program or project for which in or before any Federal or State agency or services. such grant was Inade has been so changed court any investigation, hearing, or other that it no longer complies with the pro­ proceeding which may, in the opinion of the (b) In January of each year, the Counsel shall translnit to the Congress a report con­ visions of this Act; or Counsel, affect the economic interests of (2) that in the operation of the program consumers of utility services within the taining ( 1) a full and complete description of the activities of the Office during the pre­ or project there 1s failure to comply sub­ United States, the Counsel may intervene stantially with any such provision: and, pursuant to that agency's or court's ceding calendar year, (2) a discussion of rules of practice and procedure, may enter matters currently affecting the economic the Counsel shall notify such recipient of an appearance in that proceeding for the interests of such consumers, and (3) his his findings and no further payments may be purpose of representing the interests of such recommendations for the solution of any made to such recipient by the Counsel until consumers. probleIDS adversely affecting those interests. he is satisfied tha:t such noncompliance ha8 (b) Upon any such intervention, the Coun­ (c) The Counsel shall transmit to the been, or w1ll promptly be, corrected. How­ sel shall presell/t to the agency or court, sub­ President from time to time such recom­ ever, the Counsel may authorize the con­ ject to the rules of practice and procedure mendations for proposed legislation as the tinuance of payments with respect to any thereof, such evidence, briefs, and argu­ Counsel may consider to be necessary or projects pursuant to this Act which are ments as he shall determine to be necessary desirable for the adequate protection of the being carried out by such recipient and for the effective representation of the eco­ economic interests of such consumers. which are not involved in the noncompliance. noinic interests of such consumers. The GRANTS TO STATE AND LOCAL GOVERNMENTS MODEL LAWS Counsel or any other officer or employee of SEc. 106. (a) The Counsel is authorized to SEC. 112. The Counsel sh.all make a full and the Office designated by the Counsel for such make grants to any State or local govern­ complete investigation and study for the purpose, shall be entitled to enter an a,p­ ment, or combination of such governments, purpose of- pearance before any Federal agency without that serve a population of one hundred ( 1) preparing a comparison and analysis other compliance with any requirement for thousand or more persons, for up to 75 per of State and Federal laws regulating utilities; admission to practice before such agency for centum of the cost of establishing and carry­ and the purpose of representing the Office in any ing out the functions of an Office of Utility (2) preparing model laws and recommend­ proceeding. Consumers' Counsel, providing such Con­ a,tions for regulation of such utilities. REPRESENTATION OJ' FEDERAL GOVERNMENT sumers' Counsel is invested with essentially The results of such investiga,tion and study INTERESTS the same general powers and functions set shall be reported to the President, the Con­ SEC. 104. (a) The Counsel shall represent forth in sections 101, 102, and 103 of this Act, except as such requirements may be gress, and the Governor of ea.ch State ea the interests of Federal agencies in proceed· soon as pra,ctlcable. ings before Federal and State regula,tory waived by the Counsel. agencies and courts relating to rates and (b) A grant authorized by subsection (a) APPllOPBIATIONS A"OTHORIZIID tariffs, and in negotiations with utilities, tor of this section may be ma.de on application SEC. 113. There are authorized to be appro­ the procurement of utility services, except to the Counsel at such time or times and priated annually for the purposes of this that the Secretary of Defense may from time contalnl.ng such information as the Counsel title an amount equal to one-tenth of 1 to time, and unless the President shall may prescribe. per centum of the aggregate annual gross otherwise direct, exempt the National Mm­ GRANTS TO NONPROJ'IT ORGANIZATIONS AND operating revenues of all utillties. UNIVERSITIES tary Establlshment from the provisions of SAVING PBOVISION this section whenever he determines such SEc. 107. The Counsel is authorized to exemptions to be in the best interests of SEc. 114. Nothing contained 1n the Act make grants to colleges, universities, and shall be construed to a,lter, modlfy, or im­ national security. other nonprofit organizations for the pur­ (b) The Counsel shall provide the services pose of making studies and reports, and the pair any other provision of law, or to pre­ described in subsection (a) to agencies of collecting and dissemination of informa­ vent or impair the administration or enforce­ any other branch of the Federal Govern­ tion, relating to Federal and State laws, reg­ ment of any other provision of law, except ment, Inixed ownership corporations (as de­ ulations, and decisions affecting consumers as speclftcally amended or to the extent that fined in the Government Corporation Con- in the fields of energy and communications. lt 1s inconsistent with this Act. 1774 CONGRESSIONAL RECORD-SENATE January 24, 1969 TITLE II-PUBLIC INFORMATION WITH (19) rate base valuation and components cy into legislative form and to give it RESPECT TO CERTAIN UTILITIES 'of the utility's rate base, as determined by legislative authority. As anyone closely in SEC. 201. (a) The Federal Power Commis­ the State commission having Jur!sdlction, touch with aviation affairs knows, there sion with respect to utllltles subject to its expressed in dollar amounts, and including amount permitted in rate base in each o! the is no central unit charged with the re­ jurlsdlctlon and the Federal Communica­ sponsibility to lay out plans for the de­ tions Commission with respect to utllltl.es following categories: accumulated tax defer­ subject to its jurisdiction shall determlne rals, allowance for working capital, construc­ velopment of a national air travel sys­ the Information required pursuant to sub­ tion work in progress, customers' advances, tem or to establish a comprehensive air section (b) with respect to each such utility materials and suppl!es, plant acquisition ad­ transportation policy. This failure is a and shall publish such ln!ormatlon at least justment, and plant held for future use: critical flaw in our present national pol­ annually ln reports prepared for and made (20) rate base valuation and component& icies toward aviation a:tfairs. readlly available to the public, especially of the util!ty's rate base, as determined by The necessity for the creation of a ln the service area of each such utility. the Federal commission having Jurisdiction, expressed In dollar amounts; planning commission has been brought to (b) The lnformaitlon to be made avallable the fore by the dynamic expansion of the pursuant to this section with respect to ea.ch (21) dollar difference In each category and such utility shall Include, Insofar as prac­ in sum, between the rate base as computed aviation industry. Over the past decade, ticable, comparable data for previous years pursuant to clauses (19) and (20); as our GNP has moved ahead at a rate and national averages and shall lnclud&- (22) terms of franchises or certlficates of of approximately 8 percent annually, the (1) annual earnings stated as a rate of ·convenience and necessity; and air transportation industry has expand­ return on a depreciated average original cost (23) with respect to contracts for pur­ ed at a rate of nearly 40 percent. In the rate base and pursuant to other aooountlng chase of coal, the following information: past 5 years, the number of passengers principles and practices of the relevant Fed­ sales company, producing company, produc­ ing mine, tonnage, price f.o.b. at mine, trans­ riding air carriers has more than doubled, eml commission; and current projections indicate that (2) annual earnings ln dollars as det.er­ portation cost, total cost at plant, cost per mlned pursuant to clause (1); ton; these numbers will triple within the next (S) the dollar difference between amounts (24) a summary of terms of pooling, Inter­ decade. General aviation is probably the deitermlned pursuant to clause (2) and the connection and exchange agreements; most accelerated aviation growth indus­ annual ea.rnlngs lf the utility earned 6 per (25) such other ln!ormatlon as the ap­ try today as approximately 25 general centum rate of return on the rate base deter­ propriate Federal commission determines to aviation aircraft enter into operation mined pursuant to clause (1); be in the public Interest. ea.eh day. Air cargo and air taxi opera­ (4) capital structure stated as percentage Such Information shall be determined on a tions-new aviation industries which of capitalization obtained from long-term fiscal or calendar year basis as may be ap­ debit, preferred stock, common stock and propriate and shall be reported as soon as have in recent years sprung to life-are earned surplus; practicable after the termination of such providing lively competition for the (5) average rate of Interest on long-term year. transportation dollar. All these facts in­ debt; ( c) The Federal Power Commission and dicate that the air transportation indus­ (6) rate of return on average common the Federal Communications Commission try has developed into a healthy and ma­ stock equity; are ea.ch authorized to establish such regu­ ture segment of our national economy in (7) yea.rend yield on common stock (an­ lations as may be necessary to obtain infor­ its brief 50-year evolution. nual common dividend divided by yea.rend mation needed for the purposes of this sec­ While the public demand for a modem market price) ; tion and the violation of such regulations air has (8) dividend on preferred stock; shall be deemed to be a violation of regula­ transportation system grown at (9) yea.rend preferred dividend yield (an­ tions pursuant to the Federal Power Act, a dramatic rate, our political and social nual preferred dividend divided by yea.rend with respect to the utillties subject to such institutions have not responded to these market price of preferred stock); Act, the Natural Gas Act, with respect to demands. Aviation technology ls advanc­ (10) yea.rend earnings price ratio (earn­ utllltles subject to such Act, or the Com­ ing rapidly and changing radically; how­ ings per share divided by yearend price per munications Act of 1934, with respect to ever, modem government has not been share); utilltles subject to such Act, respectively. able to keep up with these advances. ( 11) the names and addresses of the one AUTOMATIC DATA PROCESSING Evidence of this fact can be seen all hundred principal stockholders including, SEC. 202. The Federal Power Commission around us. Air travel is commonly char­ ln those cases where voting stock ls held and Federal Communications Commission are by a party other than the beneficial owner, acterized by congestion-congestion in hereby authorized and directed to make full the air and on the ground. Our major the name and address of each beneficial use of automatic data processing ln prepar­ owner of 1 per centum or more of the vot­ ing the information required under this Act airports are the focus of this congestion; ing stock ln the corporation; and other Acts to which they are subject, they are jammed. Ticket counters are (12) the name and address of each officer to the end that Federal and State regulatory overcrowded; baggage is slow; runways and director and his annual Income from the bodies, the Congress, the United States Of­ are lined; and ground connections­ utility and its parent or subsidiary corpora­ fice of Utility Consumers' Counsel, such State usually not coordinated-are many times tions, lf any; and local offices of consumers' counsel as may impossible. This problem is a crisis of ( 13) the names and addresses of other be establ!shed with assistance under this Act, convenience and a crisis of confidence; corporations of which such officers and di­ and the public shall receive in a timely and rectors are also officers or directors; understandable manner information upon moreover, it is developing into a crisis (14) the names of directors, lf any, who which rate adjustments can be made. Such of safety. But the real and harmful re­ were not nominated by the management of Federal commissions are hereby directed to sult is that these problems are beginning the utility; Include ln their annual reports accounts of to place restraints upon the individual (15) terms of restricted stock option plans their progress toward full use of automatic citizen, his mobility and choice of available to officers, directors and employees data processing. mobility, upon the aviation industry, its (not to include plans available to all em­ ployees on equal terms) and including name, APPROPRIATIONS AUTHORIZl!:D future growth prospects, and upon the title, salary and retirement benefits of each SEc. 203. There are authorized to be ap­ future development of our national air person to whom stock options have been propriated such amounts 116 may be necessary transportation system. granted, number of options each has exer­ for the purposes of this title. It ls not fair to say that a lack of cised, date on which options were exerc!Sed, planning on a national scale is the sole option price of the stock and market price cause of the current condition of our of the stock when options were exercised; S. 608-INTRODUCTION OF BILL TO air travel system, but it has played a ma­ (16) all payments included ln any ac­ CREATE A TEMPORARY NATIONAL jor role. We were simply not ready for the count for rate, m anagement, construction, AVIATION PLANNING COMMIS­ dynamic growth in the aviation indus­ engineering, research, financial, valuation, SION legal, accounting, purchasing, advertising, try and the advances in aviation tech­ labor relations, public relations, professional Mr. PEARSON. Mr. President, today I nology. No one or hardly anyone was and other consultative services rendered introduce a bill which would create a Na­ looking to the future, for the pressures under written or oral arrangements by any tional Aviation Planning Commission. I of the present were too pressing. corporation, partnership, individual (other originally sought to implement this con­ One major reason why there is no co­ than for services as an employee) or orga­ cept through legislation in the 90th Con­ ordinated, comprehensive planning ac­ .nlzation of any kind, Including legislative services; gress, early in 1967. This proposal was tivity on a national scale is the disper­ (17) policy with respect to deposits of cus­ endorsed by President Nixon in his presi­ sion of authority throughout the Nation .tomers and service connection charges, 1! dential campaign and is supported by in­ for decisionmaking in aviation affairs. required; dividuals and organizations in govern­ There are three distinct dimensions in (18) rate of Interest charged customers by ment and industry, alike. My purpose is this division of power. For instance, on the utlllty, stated as simple annual interest; to place this concept of a planning agen- the Federal level primary responsibility January 24, 1969 CONGRESSIONAL RECORD-SENATE 1775 is divided among the Civil Aeronautics in the environment within which they with the responsibility for analyzing and Board, the Department of Transporta­ must operate. determining the inadequacies regarding tion, and the Federal Aviation Adminis­ Seventh. Development of an aviation aviation planning in the Federal Govern­ tration. Secondary responsibility at the facilities plan, both technical and eco­ ment and outlining the functions neces­ Federal level for technologically oriented nomic, suitable to provide the airways sary to supplant these inadequacies. Fi­ research and development activities rests and ground facilities necessary to assure nally, the Commission would recommend in our national aeronautics and space an orderly development of aviation the organizational changes necessary to and military programs. The second growth and consistent with the economic carry out such planning functions. A re­ dimension is the clear, yet uncoordinated, and social needs and the compatibility of port of these recommendations could division of authority among the local, the air vehicles. then be made to the Congress through State, and National Governments. And Eighth. Development of a.dministrative the Secretary of Transportation. third, there is a complex intermix be­ mechanisms by which air transportation Tomorrow's air transportation prob­ tween policymaking by those public and other transportation modes can be lems can be monumental or, because of agencies and decisions by private in­ suitably coordinated to assure the effec­ today's planning, they can be inconse­ dividuals in the aviation industry. The tive fulfillment of the Nation's transpor­ quential. I sincerely hope that this bill problem is that there is a lack of com­ tation needs, including a comprehensive to establish a National Aviation Planning munication between these various points research and statistics program. Commission will receive hearings and a of decision; there are simply few formal The gaps in aviation are now being thorough study. I hope that in 10 years or established channels of communica­ recognized by air transportation officials. we may be able to say that we recognized tion to be utilized. And this lacking Within the last 6 months the Secretary of the problems, we foresaw a future crisis, points out the need for a national plan­ Transportation has formed an advisory and we avoided it by a continuing pro­ ning operation to act as a clearinghouse committee to examine the requirements gram of coordinated planning. to communicate and evaluate informa­ of an air traffic control system for the Mr. President, I ask unanimous con­ tion and ideas regarding future avia­ 1980's. The Chairman of the Civil Aero­ sent that a copy of the bill be printed in tion affairs. nautics Board recently announced that the RECORD. Let me now outline what I feel are the CAB would solicit information con­ The VICE PRESIDENT. The bill will some of the deficient areas of planning cerning "what is being done, or planned, be appropriately referred; and, without for aviation affairs: to handle air passengers between the air­ objection, the bill will be printed in the First. Development of facilities for port and city center." The FAA has RECORD. organizing a clearinghouse of informa­ organized for next month the first annual The bill the Apostle Islands, 1.he circle. A final endorsement by the Con­ national trails system, the creation of a Bad River area, a.re all unique. They e.re gress manifested by passage through wild and scenic rivers system, water worth improving tor the benefit of sportsmen both Houses will add another battle quality standards for the States to stop and tourists . ... In fact, the entire north­ streamer to our conservation colors. the fouling of our precious water, and ern Great Lakes area, with its vast inland inroads on air pollution by passage of seas, its 27,000 lakes, and its thousands of ECONOMIC POTENTIAL IMPORTANT streams, ls a central and significant part of An eminent economist from the Uni­ the Air Quality Act. the fresh water assets of this country, and we versity of Wisconsin, Prof. I. V. Fine, did In addition, we now have a new Bu­ must act to preserve these assets. an intensely thorough study of the pro­ reau of Outdoor Recreation in the In­ terior Department, money being spent Soon after, Secretary of the Interior posed project. He found that after the to set aside through the land and Udall appointed a special task force area had been fully developed almost 1 water conservation fund of 1964, and which made a comprehensive study of million visits per year would be paid the the establishment of a national wilder­ the region and provided expertise for the area by tourists and nature lovers who ness preservation system. initial Apostle Islands bill. In September would generate about $7 million in new Where we have the opportunities we 1965, I introduced this bill. consumer spending. In addition, the In­ should seize them immediately. We can In February 1966 President Johnson, terior Department estimated that the still save the remaining few of our im­ in his conservation message to the Con­ lakeshore would employ 21 persons full­ mensely valuable assets. gress, asked that the study and planning time and 50 part-time adding an annual The creation of a national lakeshore for the Apostle Islands National Lake­ payroll of $350,000. The study also encompassing the Apostle Islands and shore be completed at an early date. showed that the project would generate some of the nearby lakeshore has been The following year on January 30, 363 new jobs. dreamed about, talked about, planned 1967, President Johnson's conservation Naturally some private land would be and replanned, and is now ready for the message to Congress outlined a plan to lost to the tax rolls, but this would final step. preserve our priceless natural assets. amount to less than $12,000. The com­ Conservationists over the decades have However, on this occasion, President mercial development, however, and pay­ recognized the value of these jewels in Johnson raised the Apostle Islands proj­ rolls and tourist spending would far out­ the crown of Wisconsin. Even though we ect from the planning rand study stage to weigh the initial loss to the tax rolls. have been on this road for almost four the action level. He listed it in his top The benefits would be many and varied. decades, enthusiasm has not diminished four priorities for national park acquisi­ There are about 50 million Americans one whit. tions for the 90th Congress, and recom­ living within a single day's drive of the The achievement of this natural won­ mended that Congress: area. For years the Bad River Indians der into a chain of scenic marvels has Establish the Apostle Islands National and the Red Cliff Indians living in the been one of my major legislative goals Lakeshore In Wisconsin, to add a superb area have existed on what is left of the since I was Governor of Wisconsin from string of islands to our national seashore economy. They will be able to seize new 1958 to- 1962, and as a Senator since system. opportunities both inside and outside the then. boundaries of the park in terms of new Endorsed by the President himself, it jobs and new business starts and expan­ The time has come to act and act we represented not just a park for Wiscon­ must if we are to save the area forever sions. sin and Minnesota rand Michigan, but a The Apostle Islands area is situated from the developer or the despoiler. superb monument to our national herit­ This proposed bill would now place in age. almost in the geographical center of the perpetuity the labor of love of literally 119-county area of the Upper Great Propelled by the endorsement of the Lakes Regional Commission. The Com­ thousands of conservationists and recre­ President and his special task force, the ation seekers. In addition, the spur to mission, set up by Congress under the Senate Interior Committee held public Public Works and Economic Develop­ the growth of this economically hapless hearings in the region and Washington region would be a tremendous boost. ment Act of 1965, is designed to spur the where 250 witnesses overwhelmingly sup­ economic growth of this underdeveloped HISTORY OF THE PROJECT ported the bill. It soon reported the bill northland. The Apostle Islands project In 1930, the 71st Congress authorized favorably to the Senate where it was can be the progenitor of substantial eco­ the Secretary of the Interior to look into passed unanimously on August 21, 1967. nomic spinoff and the pyramiding of the the advisability of establishing an Apos­ Senator JACKSON, chairman of the In­ park's seed money. And the beauty of it tle Islands National Park in Wisconsin. terior Committee, in his legislative sum­ is that the money provided by the Fed­ The committee report said: mary of the first session of the 90th Con­ eral Government is secured by the real The vast area within (mid-America) ls en­ gress, reported to the Senate: estate it buys for the project. There is no tirely without national park facUltles. It The 21 islands In Lake Superior, the 30- financial giveaway. There is an exchange comprises all of the heavily populated Middle mlle long strip of shoreline In the Red Cliffs Western States, with mllllons of nature­ area, and the unique marsh and sloughs of real values. thlrsty citizens in need of the advantages of which make up the three units of the Lake­ Besides being in the center of the Re­ a national park as easily accessible as one shore should provide some 50 mllllon people gional Commission area, the lakeshore is among the Apostle Islands would be. . . . . living In the Midwest with a superlative unit also located in the center of economically For outstanding scenic beauty of its partic­ of the National Park System. depressed EDA counties-where out­ ular type, the Apostle Islands group ls un­ migration is critical. In six immediately surpassed. By the end of the second session of the 90th Congress, a mountain of support adjacent EDA counties, it is estimated Between 1930 and 1962, little was ac­ had been built up for passage of the that the population will decrease by al­ complished. The depths of the depres­ measure. The three Republican Gover­ most 20 percent during the two decade sion and the height of the crisis of World nors of Wisconsin, Minnesota, and period ending 1980-unless orderly devel­ War II commanded the attention of the Michigan wired the House Interior Com­ opment goes forward. legislators and those who could make the mittee on September 4, 1968, of their Included in the boundaries of the pro­ crucial decisions. Nevertheless, interest support for the passage of the bill. posed lakeshore is a 10,000 acre wild never subsided and the glow of the idea Governor Knowles, Governo:.- Levan­ rice marsh, one of the few remaining still remained uppermost in the minds der, and Governor Romney stated in productive marshes left in Wisconsin and and hearts of the young and oldtimers their telegram that: the Nation. Here the Indians harvest this who remembered the talk about the park. cash crop much as they did centuries ago, The Upper Great Lakes Regional Commis­ In 1963, interest was again rekindled sion reaffirms its support for the establish­ and it still forms the base for a substan­ when President Kennedy made a con­ ment of the Apostle Islands National Lake­ tial portion of their economy. Proper servation tour of the United States. The shore under Resolution No. 12 dated the 28th control and insured rights by the Chip­ President agreed to land at Ashland, day of August, 1967 and submitted to the pewa Indians to harvest this wild rice is Wis., and to fly over the islands. During chairman. The blll has the endorsement of part of the proposed act. his stop, obviously impressed by the mag- the Wisconsin delegation and ls strongly The area roughly encompassed by the January 24, 1969 CONGRESSIONAL RECORD- SENATE 1779 119 counties of the Great Lakes Region­ alike, provide havens where campers and The Wisconsin congressional delegation al Commission has seen periods of dizzy­ latter-day explorers can tie up and scale as well as others from adjoining states ing prosperity and severe economic de­ the majestically rising brownstone cliffs support the project. Secretary of the pression. Originally it was rich with or hike the sandy beaches with their Interior Udall is for it. great resources of thick forests of tower­ mysterious inlets and coves. During the Senate hearings in Ash­ ing pines and tough hardwoods, high­ The National Park Service would lay land, Wis., and here in Washington, 250 grade iron mines, immense numbers of out new hiking trails and existing ones witnesses spoke in favor of it. firm-fleshed lake trout, and small but would be improved. But the theme is to Endorsements have been received by efficient farms. leave the area as untouched, unspoiled about 150 regional, labor, farm, civic, Timber interests cut the trees with­ and undisturbed as possible. There would governmental, business and conserva­ out thought of the future and destroyed be minimal docking facilities at certain tion organizations. the area's most valuable resource. The deepwater locations, and simple camp­ The county boards of the two coun­ high-grade ores were exhausted, and sites, fireplaces and toilet facilities on ties involved-Ashland and Bayfleld­ mining became marginal. The lamprey certain islands adaptable to campers' as well as the county board from ad­ eel ruined the lake trout fishery and the needs. jacent Iron County, and the city coun­ commercial fishermen no longer set sail The entire project will provide a wide cils of Ashland, Bayfield, and Wash­ every day to harvest those unique game variety of unique natural settings for burn have all testified in favor of the and commercial fish. The marginal pro­ amateur and professional students of na­ project. ductive farms went the way of most small ture-the geologist and the collector of The Wisconsin Department of Nat­ farms and the short growing season dis­ pretty stones, the ornithologist and the ural Resources has endorsed the bill. couraged all but a few of the remain­ robin watcher, the fully equipped week­ Members of the House Interior Com­ ing large, mechanized entrepreneurs. long camper and the casual sunbather. mittee who heard testimony last year The future looks brighter with new A person who wants to explore by car commented favorably on the bill. Con­ methods of planting and cutting timber would be able to traverse the Red Cliff gressman SAYLOR, of Pennsylvania, taking the place of the ruinous clear 30-mile-long unit where the shoreline is said: cutting. Lampreys have been controlled heavily laced with coves and caverns and I want to say to you three (Nelson, O'Kon­ and the planting of coho salmon is giv­ rock formations edged with bogs and skt, and Kastenmeier) that this, in my ing the area a double-barreled approach sloughs and protected by dense growths opinion, is one of the fl.nest projects that to commercial and game fishing. And of hardy northern trees. Here a scenic we have ever had presented to us. taconite ore is being studied in the hopes road would be built to accommodate the Congressman SKUBITZ, of Kansas, that iron mining can again become an in­ automotive explorer, and the spectacular commented: tegral part of the economic backbone. views of the shore and islands would be I want to join my colleague, Mr. SAYLoa, The hope for the northland, however, reward enough for any jaded tourist. in saying that this is the best prepared remains with the development of the Seven areas, plus numerous scenic over­ presentation we have had in a long while tourism potential. Here we have clean looks, would be developed for camping, .. . It seems to me this is the sort of proj· air, free of pollen and dust, free of smoke boating, fishing, swimming and hiking. ect we ought to move in on quickly. and smog; crystal-clear water where you The 10,370-acre slough is nature as it And Mr. O'KONSKI, the distinguished can see to the bottom of the streams and has always been. Undisturbed through Congressman of the 10th District of Wis­ the lakes and not see refuse when you do the ages, including miles of navigable consin in which the Apostle Islands are look. And miles of unlived-on land where channels, this marsh is covered with wild located, stated: a man can draw a breath and commune rice, heath, and alder thickets and heav­ with his spirit. This project is the utmost importance to ily populated with deer, bear, otter, and my district • • • Here we have untilled and uncleared 240 species of birds. Fishing is excellent. land available to future generations to This area would be conservatively dotted Time is critically important. Land develop while their fathers and mothers with parking areas, nature study trails, values are soaring in anticipation of are trying with little apparent success observation towers, and primitive camp­ speculative profits. We have little time to join the 70 percent of the Nation now ing sites. But the balance of nature would to grab hold of our priceless, irreplace­ jammed onto 1 percent of the land. be zealously protected so that the deli­ able na.tura.l resources. A reversal of this flow and relief of cate system now being administered by A noted English historian once wrote the crisis occurring in our cities depends nature would not become endangered. that: in no small measure on our ability to RECREATION DEMAND BOOMING The need to preserve natural beauty is not attract people back to the land. merely a question of preserving holiday Public outcry for recreation facilities grounds for masses of people- UNSURPASSED BEAUTY becomes increasingly louder each year. The proposed Apostle Islands National Public participation in outdoor recrea­ But also- Lakeshore would be made up of 57,500 tion bas increased by 51 percent since a matter of preserving a main source of acres consisting of three separate en­ 1960. Estimates are that by the year spirttual well-being and inspiration, on tities. 2000 we will see a 400-percent increase. which our ancestors thrived and which we One section would include 21 of the 22 In 1967 the National Park Service re­ are in danger of losing forever. islands making up the archipelago off the ported an increase in use of 11.5 per­ He also said: Bayfield Peninsula. Madeline Island­ cent over the previous year. The biggest We are literally children of thi, earth, and the biggest island-is not included be­ jumps in use were recorded by the four removed from her our spirtt withers or runs cause of its advanced stage of commer­ national seashores where attendance to various forms of insanity. Unless we can cial and residential development. Also in­ increased by 33.3 percent over the same refresh ourselves at least by intermittent cluded in the project is a strip of land period. contact With nature, we go awry. along the Bayfield Peninsula shoreline Rapid development of land areas is But our own great American poet, Walt one-fourth to one-half mile wide and 30 going on at such an accelerated rate miles long. This is referred to as the Red Whitman, stated it for all of us when he that valuable sites are being lost for­ said that a mountain or a scenic vista on Cliff unit. The third component is the ever. 10,370-acre section called the Bad River­ the Great Plains "awakes those grandest The sound of the hammer and saw is and sublest emotions in the human soul." Kakagon Sloughs. everywhere. The a.xe is clearing the land The 21 islands are uninhabited for­ I urge the Congress to speedily enact mations of rugged beauty, consisting of for commercial and residential use at this bill to create an Apostle Islands Na­ such dizzying speed that prime park tional Lakeshore. rock outcroppings covered with clay, sand sites are being lost forever. Unique and stone deposited by the glaciers mil­ I ask unanimous consent that the text lions of years ago. Time and erosion has areas, valuable only for recreation, of the bill be printed in the RECORD at stamped its imprimatur of nature at should be saved now while the oppor­ this point. work. Pines and hardwoods cover the tunity exists. In conservation there is The VICE PRESIDENT. The bill will islands dropping their leaves and needles no tomorrow. be received and appropriately referred; so that a blanket of soft carpeting muffles OVERWHELMING SUPPORT and, without objection, the bill will be the hikers' footsteps. Two Presidents, three Governors, and printed in the RECORD. Miles and miles of shoreline, no two the Senate have endorsed this project. The bill

VI TV STATEMENTS BY SENATOR t!cularly crucial to the protection, the en­ Finally, this A.B.A. Plan simply will not BYRD OF WEST VffiGINIA, ON durance, and the lasting genius of our Re­ sell, at least to the less populated States. publlcan form of government. What Is needed PEACE TALKS, MINE SAFETY, AND In the Congress today ls seldom greater These States joined up with the heavily FILIBUSTER DEBATE, JANUARY 21, speed, but always more thorough considera­ populated States only by h aving two Sen­ 1969 ators for each State, plus the Electoral Col­ tion In lawmaking. I am against the efforts to lege for selecting the President. That this Mr. BYRD of West Virginia. Mr. Pres­ amend Rule 22 because I have seen how gave the less populated States greater power gag rule works when cloture Is invoked. I am ident, on January 22, 1969, I made state­ against gag rule. I am for free debate. in national affairs than their population ments for television regarding the Paris might justify was precisely what was peace talks, a coal mine safety bill which planned. This was the intention of the par­ ties. A view at some figures today will show I have introduced, and the debate on Senate rule XXII. BONDING PROBLEMS OF BLACK just how successful the plan was in accom­ CONTRACTORS plishing what was intended. I ask unanimous consent that the Alabama has approximately 2 % of the transcript of these statements be Mr. BAYH. Mr. President, du1ing the voting strength in the Electoral College. New printed in the RECORD. past year, I have become increasingly York has 8 %, or four times Alabama's power There being no objection, the state­ aware of a problem which faces minority in electing a President. But in 1964, the ments were ordered to be printed in the building contradors and, particularly popular vote in Alabama was less than .9 % of the total popular vote for President RECORD, as follows: the small black contractors. Numerous throughout the country. New York's popular PARIS PEACE TALKS discussions with such contractors in vote was 10.2% of the vote cast throughout I am hopeful that we are going to see some and other States as well, have the country, or over ten times Alabama's real progress at the peace talks In Paris, and made it clear to me the great difficulty vote. Alabama would hardly want to make I am encouraged by the indications that the these men have in obtaining construction that trade. Nixon administration ls taking a firm ap­ performance bonds. It is an important The figures on a few more states will also proach toward the negotiations. I believe problem and merits close attention as we be enlightening. that the United States ls negotiating from a move to face the challenges of 1969. position of military strength and that Presi­ The plight of the black contractor is Percent Popular dent Johnson in his last months in office of total vote (in Percent of paved the way for a settlement. The aggres­ especially relevant to the great dialog Electoral electoral thou- popular sive Intentions of North Viet Nam have been concerning our urban problems and States vote vote sands) vote severely thwarted by our mllitary actions, rejuvenation of our inner cities. At a and Hanoi knows full well that the United recent meeting in Philadelphia, spon­ Alabama ______10 2. 0 689 0. 9 State., possesses the full capabllltles to re­ Alaska ______sored by the NAACP, black contractors Arizona ______3 . 56 67 . 095 sume, at any time, whatever military action from 13 States gathered to organize the 5 1.0 480 .6 is needed. I hope that we w!ll not have to Arkansas ______6 I.I 560 . 8 Afro-American Builders Corp. The diffi­ Delaware ______3 • 56 201 .2 do that, and I don't believe that we will. District of South Viet Nam, because of our actions In culties of obtaining bonding to qualify Columbia ______Georgia ______3 . 56 198 . 2 helping !ts people, has become much stronger for bidding on public works contracts 12 2. 2 l, 139 1.6 Hawaii______than It was, much more able to carry its was discussed. It was brought out that, Idaho ______4 . 74 207 .2 4 . 74 292 .4 fair share of lt.s own burden. And I believe ironically, black contractors are seldom Louisiana ______Maine ______10 2. 0 896 1.2 that if we continue to be determined and able to bid successfully for demolition 4 . 74 380 .5 firm in dealing with Hano! we shall see real Mississippi______7 I. 3 409 .5 contracts to remove residential and com­ Montana ______4 progress toward a peaceful settlement in Nebraska ______. 74 278 .3 mercial structures in areas of high black 5 1.0 584 .8 Southeast Asia. Nevada ______3 .56 135 .I concentration which are slated for such New Hampshire __ 4 . 74 286 . 4 COAL Mura SAFETY public works as redevelopment or high­ New Mexico ______4 • 74 327 .4 North Carolina ___ 13 2.4 1,424 2.0 Action ls needed to reduce the tragedies way construction. North Dakota _____ 4 .74 258 . 3 which continue to occur in the coal mines Public works contracts generally re­ Rhode Island _____ 4 . 74 390 . 5 South Carolina ___ of West Virginia and other states. This prob­ quire a bond as a prerequisite to obtain­ Utah ______8 1.5 524 • 7 4 • 74 401 . 5 lem must be approached sensibly by all ing the contract. Nationally, according Vermont______3 . 56 162 . 2 parties concerned and without any punitive to the American Insurance Association• Virginia ______12 2.2 1,042 1.4 Wyoming ______alms in mind. I have introduced a blll which such contracts involve about $15 billion 3 . 56 142 .2 would allow a federal Income tax credit to Total. _____ a year. There is, in addition, approxi­ 142 ------11 , 471 ------companies !nstall!ng coal safety equipment_ mately $12 billion of bonded private work and I hope that committee action will be and $48 billion of normally unbonded The s!gn!ficance of this table is that It favorable. The bill which I have introduced presents the voting strength of almost half would give companies an added incentive to work. of the States. The electoral vote from these install such things as dust control systems, Millions of public dollars and increas­ amounts to 26% of all the votes cast in the which could reduce the danger of explosions ingly large amounts of private capital are· Electoral College. But their popular vote was and such diseases as black lung. I favor being committed to urban renewal and only 16% of the popular vote cast In 1964. the tax credit approach because there are redevelopment. Related programs of" Hence, the heavily populated States were not some small companies that cannot afford the manpower development and skilled ap­ stripped of all the power inherent In their cost of the equipment that would be neces­ prenticeship training have been funded. numbers. They st!ll have 84% of the popular sary. We don't want to put any coal com­ under public and private auspices. Un­ vote, and they have 74% of the electoral vote. panies out of operation, because our state Is that so bad that the less populous States and other mining states need the jobs and fortunately, very little of the money spent. must add to the strength of the heavily the payrolls. On the other hand, an en­ has found its way into the pockets of" populated States? lightened society can no longer afford to workers and businessmen in the black. Actually, it would seem that this ls a fair tolerate the loss of life and the loss of community. It is at best inconsistent to compromise between overwhelming the less health that can result from working in the extol the virtures and potential of "black populous States with numbers and permit­ coal mines. capitalism" and at the same time not. ting the less populous States power in excess SENATE DEBATE ON THE Fn.mUSTER provide black contractors with the ca­ of the number of their Inhabitants. Without There Is more than one side to this thing pacity to compete effectively within the this compromise the less populous States will of ending the so-called filibuster in the lose all voice in selecting a President. If a construction industry. The black contrac­ Senate. Free debate prevented the passage tor can be a key factor in reversing the candidate got all 11,000,000 votes in this al­ of a bill in 1937 to pack the Supreme Court most 60% of the States, he would not have with members who would do the President's dollar vacuum in the black community a majority of the popular or electoral votes. bidding. Free debate prevented the passage which has been created by generations of But if the A.B.A. Plan ls adopted, a candidate of legislation in 1946 to draft members of unequal access to competitive enterprise. would be foolish to campaign in these States. railway labor unions into the United States The Housing and Urban Development He must get a substantial number of the Army, and if there had been unllmited debate Act of 1968-Public Law 90-448, section 84% of the votes in the other 26 States to In the German Re!chstag, it might have been 3-does provide, "to the greatest extent win. He will campaign where those votes are, possible to prevent the enactment of the feasible," for the inclusion of area resi­ and it will be to the majorities in those Enabling Act which gave all power In Ger­ States to whom the candidate will be be­ many to Adolf Hitler. The majority today may dents and businessmen in training, em­ holden. be the minority tomorrow, and the right of ployment, and contracts for work per­ Why must the A.B.A. mount a campaign unlimited debate ls a valuable right for the formed in specified programs. The intent to crush even further half of the States In protection of the small states and minorities, of the :egislation clearly is to insure in­ this Union? to check a ruthless majority. And it ls par- digenous participation but the knotty 1798 CONGRESSIONAL RECORD- SENATE January 24, 1969 problem of bonding and equity require­ feel ls unfairness on the pa.rt of the bonding Construction Teams. The NAACP recently ments still exist. We must find a way to companies. announced an organization called the Afro­ provide these black contractors, who have They form a vicious circle from which, un­ Amerlcan Builders Corporation already in­ til recently, there was no way out. volving 1200 contractors in 20 cities. the performance capability, with assist­ A construction bond is a. guarantee to the In Washington, the Washington Area Con­ .a.nee to meet the necessary bonding and owner of a project that a. contractor ca.n do tractors Association and Uptown Progress, a. equity requirements normal to the in­ the Job well a.nd that he can finish It. If the group of black mid-city businessmen plan­ dustry. I believe that their participation contractor falls, the company that Issued the ning for urban renewal, have plans for break­ in programs of urban development is bond ls liable for any damage or inconveni­ ing the bonding wall. crucial and an important step toward in­ ence incurred by the owner. The working model ls the General and creasing their importance to our econ­ Surety companies say they use three cri­ Specialty Contractors Association, Inc., of teria. In judging whether to bond a contrac­ Oakland, Calif. omy. tor: capability, character and credit. Surety This group received a $300,000 grant from Berkeley G. Burrell, president of the association statements like the following, the Ford Foundation la.st year to develop National Business League, an organiza­ minority contractors contend, show there ls programs to upgrade minority contractors tion of black businessmen founded in a fourth "C"--color. and solve the bonding problem. 1900 by Booker T. Washington, sug­ "As contractors, Negroes and other Ameri­ The resulting program provides working gested an approach to the problem in can minorities lack the necessary manage­ capita.I loans for member contractors. testimony before the Subcommittee on ment and technical skills, experience and fi­ GSCA also offers management training for nancial capacity. As a result, they operate at contractors who may have construction abil­ Housing and Urban A1fairs of the Senate a low level of efficiency, organization and ity but not business management know-how. Committee on Banking and Currency profitability." Construction employe tralnlng is also given. during hearings on proposed housing This assertion came in an American Insur­ OSCA also helps its contractors bid on jobs legislation for 1968. Mr. Burrell stated: ance Association statement to the Small and fill out bonding applications. Surety One a.venue would be the establishment of Business Administration Construction Task companies say faulty applications account a Small Builders Development Fund...• Force, Sept. 10, 1968. for many bond rejections. Such a fund can and should provide for di­ Davies and other members of the Washing­ When the bond ls obtained, GSCA advisers rect bid performance and/or lien and com­ ton Area Contractors Organization, a group assist the contractor in construction per­ pletion bonds, and should underwrite or re­ of black contractors, say generalizations like formance. OSCA accountants help with the lnsure bonds written by others. It should the Association's statement show prejudice books and GSCA lawyers advise on legal mat­ also be enabled to make direct "seed" capital against them by the surety companies. The ters. loans to builders who are technically quali­ companies say the problem lies in the inabil­ After the member contractor completes a. fied but economically ineligible to partici­ ity of minority contractors to fulfill ade­ job, OSCA, advisers urge him to move im­ pate in the reconstruction of the inner city. quately the three "C's." mediately to a higher-priced project. When Unless some such method ls devised, few 1f The greatest problem, according to David he reaches $2.5-million jobs, he ls on his any of our people w!ll participate meaning­ Q. Cohen, spokesman for the surety industry, own. fully in the remaking of their own physical ls the first "C"--capablllty. Surety company executives, bond officials, environment. Only in recent years has a. handful of community leaders and white contractors in blacks and other nonwhites penetrated con­ the Oakland area. sit on OSCA's board and as­ Mr. Burrell's proposal merits serious struction union ranks. This exclusion ha.s cut sist in program development a.nd implemen­ consideration. them off from training that ha.s proved valu­ tation. The black contractor is seeking the able to white contractors. N. 0. Tademy, a. black OSCA contractor, opportunity to be totally competitive. It Even with the absence of this training, advanced his job range from a.bout $130,000 is he more than any other black busi­ contractors like Davies get jobs and complete to more than $300,000 ln the first six months them successfully. But Davies admits or­ of GSCA's operation. nessman, who has the potential for play­ ganized training for minority noncontractors Davies and other minority contractors sa.y ing a vital role in the rebuilding of our and construction workers is badly needed. they need the large a.nd profitable govern­ inner cities and providing needed em­ Davies and other WACO members say ment jobs to grow. But the government has ployment opportunities for residents of bonding company judgments o! contractor very stringent bonding requirements on a.ll the affected areas. character are "subjective, to say the least." jobs over $200,000. I ask unanimous consent to have Surety companies admit their decisions are However, the Federal requirement for neighborhood company participation in the printed in the RECORD a very timely and subjective. But they sa.y each contractor informative article written by Mr. Vin­ must be considered ln light of the job for redevelopment of cities may force big white which he wants the bond and of his record. contractors to take in minority group mem­ cent Cohen, staff writer for the Wash­ They have issued repeated statements to SBA bers as partners to get part of the redevelop­ ington Post, which appeared in the denying that race ls a factor in their delib­ ment money. Tuesday, January 21, 1969, issue and erations. With b!lllons to be spent on construction deals with specific problems facing black Cohen and others involved in bonding say In 1969, contractors like John Davies now contractors. pa.st business dealings and on-the-job atti­ have some hope of moving up instead of There being no objection, the article tudes are the main points considered. a.round In a. circle. was ordered to be printed in the RECORD, The credit criterion boils down w one as follows: thing: can a contractor get enough unre­ stricted ca.sh to do the job and protect him­ SALUTE TO CULVER Bun.DING BOND PREJlJDICE CITED self and the owner in case of unforeseen Mr. HARTKE. Mr. President, the (By Vincent Cohen) problems? Presidential inauguration of January 20, John Davies was awarded a. $9000 Navy The assets of most minority contractors contra.ct for subcontracting work a.t the are limited to the capital they have saved 1969, was visited by some of our coun­ David Taylor Model Ba.sin in Maryland la.st from their construction work. Surety com­ try's finest young people. They came with year. The genera.I contractor required him to panies look on most loans against personal their band directors and school chaper­ submit a. corporate surety bond for the work. or company assets as lia.billtles, even if they ons from all over the Nation to help Davies ls black. temporarlly put cash ln the company ac­ commemorate an historic occasion. He applied to more than a dozen bonding count. Among them wa.s a group of 95 young companies. He wa.s turned down by all of Many of the larger well-connected white men from Indiana's Culver Military them, although he had completed jobs larger contractors have made use of the funds of Academy. They were members of the than $9000 without a bond. The contract wa.s friends and family. Minority contractors are taken from him and offered to the second hard put to find such resources. Black Horse Troop of Culver, the largest choice, a. white contractor who got a. bond­ Black contractors, like Davies, feel that military equestrian unit in the United and the job. surety companies and government officers States. It wa.s Culver's sixth appearance The problem faced by John Davies ls simi­ who require 100 per cent of the bid price of in a Presidential inaugural parade and lar to the problems of 8000 minority contrac­ a job in ready liquid assets are unfair. once again these young men conducted tors a.round the Nation. From 10 per cent to one-third of a. proj­ themselves in a most exemplary manner, They find it virtually impossible to get ect's price ls usually needed to complete the gaining favorable comment from all with bonded a.nd without bonds they cannot com­ first part of the job. After this, the contractor whom they came in contact and adding pete for what they feel ls their fair share of receives the first draw on the contract pay­ the $100 billion spent 1n construction each ment from the owner. new luster to the great names of Culver. year. The problems of the minority contractor Let me a-dd that it wa.s my personal The obstacles facing contractors like Davies are now being studied by private and gov­ plea.sure to be with the Culver men and are rooted not only ln the normal problems ernment agencies. their young lady guests at a dance here of business but in traditional patterns of dis­ The Small Business Administration has in Washington. I can report that they crlmlnatlon and in what black contractors developed an 18-clty program called Action conduct themselves a.s gentlemen not January 24, 1969 CONGRESSIONAL RECORD-SENATE 1799 only when they are on parade but on promoter of many projects which have endeavor and its teaching approach has social occasions as well. benefited her city, State, and country. won the respect and admiration of These young men are a vital part of The Junior Leaders of America con­ the entire community of Yankton. the bright hope for America's future, cept is a study in the basic requirements The success of Junior Leaders of and I am pleased to take this opportu­ of our American society. It is a very basic, America in Yankton shows that a need nity to offer this salute to them and to necessary and vital approach to city rec­ is being met, and inquiries received from Culver Academy's tradition of excellence reation programs for youth, embracing elsewhere indicate a similar need in other which they so admirably represent. the ideas and goals of many administra­ localities. tors and their views of youth recreation. Tom Osborne is presently SP.eking Being preparatory in nature, the Jun­ funds in the interest of establish mg a JUNIOR LEADERS OF AMERICA ior Leaders concept uses citywide rec­ 1-year feasibility study to expaml the Mr. McGOVERN. Mr. President, some reation and athletic activities for chil­ program. During the 12-month study months ago, on May 13, 1968, I brought dren as a means for development rather period, directors of Junior Leaders of to the Senate's attention a remarkable than an end in itself. America propose to conduct the Yankton youth program called Junior Leaders of It attempts to embrace four concerns citywide recreation program as a work­ America, which was being operated and of our American system: leadership, cit­ ing model; polish the local program and funded locally in Yankton, S. Dak. This izenship, responsibility, and followship. project its functions to larger scope; in­ program was initiated by a student of It attempts, through its approach to rec­ vestigate various areas involved with pro­ Yankton College, of Richfield, Ohio, in reational activities, to put these to work gram expansion; study potential devel­ his effort to meet youth recreation needs through the action of the young people opments such as personnel training in the city of Yankton. within, during, and throughout the en­ workshops; the building of a national It is my pleasure to report the progress tire Junior Leaders program. headquarters which would serve as a hub of Junior Leaders of America, up to date, This approach to city recreation for for all regional national programs, train­ and further explain this unique concept children embraces the trial and error ing centers for directors, planning center of recreation for elementary children. method of learning these vitally impor­ for continuing advancement of the con­ The concept, which Mr. Tom Osborne tant basics of the American system. Too cept, and sources of Junior Leaders advanced, is new and its value has been often young people are expected to un­ equipment and materials. This 1-year quickly grasped by people at State and derstand and use, flawlessly, these basics period of study and investigation is seen even national levels whose business it is of social order when they never before as a laboratory for the perfection and to know what leadership is and how it have had contact with them. In light of proving of the Junior Leaders of America can be developed through this kind of this, Junior Leaders serves as a positive program. program-reaching children early in checkpoint for every city bringing young recreation which attracts every young people together through a common SUPPORT BY THE CATHOLIC PRESS person. media they all enjoy, and in this positive FOR A DEPARTMENT OF PEACE Officials of the Greater South Dakota atmosphere teaching them to accept the Association and our Industrial Develop­ basics of leadership and followship and Mr. HARTKE. Mr. President, yester­ ment Association-IDEA-have made allowing each and every one of them to day I spoke of the spontaneous reaction trips to visit with Osborne about expan­ lead, direct, teach and discipline their which has taken place throughout the sion of his idea; Gov. Frank Farrar gave own peers. In contrast to this, we see the country in support of the Hartke-Hal­ Osborne a lengthy taped commentary for law enforcers in cities dealing with child pern proposal for a Cabinet-level De­ the radio; he has been given national at­ after child who has used his one and only partment of Peace. Introduction of the tention on a network news commentary. chance to fail in our social order. He bills on a bipartisan basis, with both Re­ Both Senator MUNDT and I have spoken must be dealt with by our courts. The publicans and Democrats cosponsoring to the Junior Leaders of America in Junior Leader is encouraged to try again, in both Houses, took place last Sep­ Yankton on the basics of leadership, and and again, and learn to identify with re­ tember. on our roles in that regard. sponsible authority, which is there to un­ The developments of which I spoke Newspapers as distant as New York, derstand and respect him. Two areas of yesterday-interest by individuals, orga­ Ohio, and Indiana have given descrip­ this program are particularly outstand­ nizations, professors of government, tions of this program's beginning and ing and will more fully illustrate this churches, the press, and broadcast me­ conception. The local success of this con­ program's dynamics and positive teach­ dia-have comprised the largest response cept of city recreation for elementary ing approach in the area of city recrea­ in my experience to a bill introduced late schoolchildren has been reflected at such tion for children. in the session with no action expected distant points as Richfield, Ohio; Rock The first is personal encounter. This until after its reintroduction. This, Mr. Springs, Wyo.; Oxford, Ohio; Pendleton, is an action experience through which HALPERN and I plan to do on February 6. Ind.; Vancouver, Wash. Officials in these the young person is brought into per­ At the close of my statement yester­ places have made inquiries relative to sonal contact with various officials of his day, I placed in the RECORD by unani­ initiating Junior Leaders of America city, State, and country. These officials mous consent the text of an article titled programs in their towns and cities. represent the senior leaders and seek to "The Department of Peace," written by Meetings have been held with various identify with the Junior Leaders in a Dr. Allen Parrent, international affairs industrial leaders in South Dakota to positive atmosphere by relating their program director in Washington for the arrange for the presentation of the pro­ concept of leadership and the basics of National Council of Churches. The text gram. Spearheading the industrial move­ our society. was from the Protestant organization's ment is Mr. Mark Bolluyt, executive of As this program selects children to be twice-monthly magazine Tempo. Dale Electronics, Inc., in Yankton. leaders for each day's activities, the Today I wish to share some of the re­ Mr. Whayne Moore, district manager children are taught how to teach each sponse the bill has met with in the Cath­ of the Chamber of Commerce of the activity to their peers, thus making them olic press, particularly due to the dis­ United states, endorsed Junior Leaders more fully independent as they conduct tribution of a feature article on the topic as an "exciting and imaginative concept their own city recreation program. This by Catholic Press Features of Bellerose, for building the leadership of tomorrow." requires each young person to assume N.Y. The editor of CPF, J. D. Nicola, Another person who is closely asso­ full responsibility as he communicates in called my office shortly after the bill ap­ ciated with this project, program, and his own words the activity he has studied peared. His subsequent article appeared concept of Junior Leaders of America is and learned under the direction of adult in Catholic papers with a circulation in Mrs. Dale Bruget, society editor for the supervisors. excess of half a million. One result was Yankton Press & Dakotan. Mrs. Bruget Yankton's Junior Leaders program has a considerable number of letters from is recognized for her dedication to causes had from 600 to 1,000 participants out of Catholic clergy and presumably, while and many interests, as well as Junior a population of 12,000 people. No attempt not identifiable in themselves, laymen as Leaders of America. Her ability to rec­ has been made to recruit participants­ well, seeking copies of the bill or addi­ ognize ideas and ideals and to make them the children have responded naturally tional information. Among the papers realities is reflected in Junior Leaders of and with real enthusiasm. which ran the Catholic Press Features America. In her capacity as a journalist The program--especially its develop­ story were the following, of which I have for the past 30 years she has been the ment as a voluntary college student received tear sheets: The Lacrosse, Wis., 11800 CONGRESSIONAL RECORD- SENATE January 24, 1969 Times Review; the Rockford, Ill., Ob­ the field of promoting international under­ graduate level as well for Peace Corps re­ server; the Fresno Central California standing and peace." turnees who wish to pursue their work on Register; the Winona, Minn., Courier; At the institute, special emphasis would behalf of mankind." be placed on studies which "will best pre­ Oakland's Catholic Voice has described the the San Francisco Monitor; the Burling­ pare students for leadership In the nonvio­ Peace Academy idea as one that "can affect ton, Vt., Catholic Tribune; the Lake lent resolution of International conflicts and the whole world. Shore, Erie Diocese, Visitor; the Spring­ In the promotion of international under­ "However ... the idea of a national Peace field, Mo., Mirror; the Oakland Catholic standing and peace," according to the b1ll. Academy will not even receive the hearing Voice; the Portland, Maine, Church Senator Hartke suggested that the cur­ it deserves without massive public support­ World; and the Milwaukee Catholic Her­ riculum might Include such subjects as "the both In the form of discussion and by writ­ ald Citizen. means of relieving world hunger through the ing to the President and Congressmen urging exchange of International agricultural ad­ that meaningful consideration be given this It is most likely there were others, vancements, oceanography and marine bi­ valuable area." perhaps a significant number of others, ology. The peaceful uses of atomic energy which did not come to attention. Many worldwide should be of prime consideration (From the :Milwaukee Catholic Herald Citi­ of those named gave front page space to in the establishment of curricula." zen, Nov. l , 1968) "In many respects, the Peace Institute is the story, and at least one, the Milwau­ A DEPARTMENT AND ACADEMY FOR PEACE a parallel to the service academies," Senator kee paper, gave support through an edi­ (By Father Thomas R . Leahy) torial as well. Hartke told his Senate colleagues in intro­ ducing the bUl. "We now train at special Some readers will recall the time when Mr. President, I ask unanimous con­ instltutlons--West Point, Annapolis, and in the top federal secretariat for external se­ sent that the Catholic Press Features Colorado-for leadership in the three curity was called the War department. More article referred to may appear in the branches of milltary service; certainly it is recently that name has been changed to the CONGRESSIONAL RECORD as printed in the fully as logical to establish a small institution Department of Defense, certainly a less bel­ papers named above, together with the to train for peace." licose nomenclature. editorial by Father Thomas R. Leahy in He said creation by the U.S. Government The feature page of this issue highlights of a separate Department of Peace would an article on the establishment of a pro­ the Milwaukee Catholic Herald Citizen. give stature and recognition, "wholehearted posed cabinet-level Department for Peace There being no objection, the article and unabashed," to the nation's desire for and also a national Peace academy. and editorial were ordered to be printed peace. Also, he said, waging peace requires No, these proposals have nothing directly in the RECORD, as follows: as much planning and organization as waging to do with the current conflict in Vietnam. [From the Milwaukee Catholic Herald war: Neither do they stem from war protesters at Citizen, Nov. 1, 1968) "Goodwill of itself can do nothing. It needs home or abroad. orga.ntza.tlon, leadership, the application of PROPOSED IN CONGRESS: DEPARTMENT, But why should there not be a positive ACADEMY OF PEACE brain and ingenuity, of technology and mo­ and forthright advocacy for these proposed rality, on a scale such as we have never be­ new national agencies? The question bears (By J. D. Nicola) fore attempted.... If we have needed a De­ further consideration. WASHINGTON, Bellerose, N.Y.-A gov­ partment of Transportation and a Depart­ If the president's cabinet Includes such ernmental Department of Peace and a na­ ment of Urban Development because of functionary posts as secretaries for trans­ tional Peace Academy-frequently suggested the proliferation of independent but related portation and the post office, why logically by religious groups in the U.S.-have efforts in their field and because the times should there not be a similar top-level secre­ been officially proposed in the Senate and the demand it, then how much more we need the tariat for the promotion of world peace, House of Representatives. concentrated and positive efforts a Depart­ which perhaps is Just as desirable as getting A bUl for both a Peace Department and a ment of Peace such as this could command." the mail through on time? Peace Academy comparable to the Army, The Christian Family Movement got in­ Actually these two fascinating proposals Navy and Air Force academies was intro­ volved with the national Peace Academy idea were introduced as bipartisan bills during duced in the Senate by Sen. Vance Hartke, as a result of the campaign waged by Mr. the recent session of the Congress. Demo­ a Democrat from Indiana, and in the House and Mrs. Dan Lucey, national CFM commit­ cratic Sen. Vance Hartke of Indiana, Joined by Rep. Seymour Halpern, a Republican from tee members from Oakland, Calif., whose own New York. by Republican Sen. of Ore­ "Committee for a National Peace Academy" gon and Democratic Sen. Ralph Yarborough In introducing his bUl, titled the "Depart­ has drawn considerable press coverage and of Texas, introduced such a bill in the Sen­ ment of Peace Act," Senator Hartke an­ editorial support from such Catholic publica­ ate. Similar legislation was proposed in the nounced that it was being co-sponsored by tions as Ave Maria magazine and The Catho­ House by Republican Rep. Seymour Hal­ himself, Republican Sen. Mark Hatfield of lic Voice, newspaper of the Oakland diocese. pern of New York. Oregon and Democratic Sen. Ralph Yar­ The Luceys, parents of nine children, Neither blll got very far, unfortunately, borough of Texas as evidence of the bUl's bi­ started their campaign in 1966, after a visit partisan support. but there's always another chance when the to the Air Force Academy at Colorado new House and Senate are seated in 1969. He said that although a federal Depart­ Springs, Colo. Why always "mll1tary" acad­ The United States already has seen flt to ment of Peace had been proposed as far back emies, they wondered, and why do all the establish at least four national service acad­ as the time of the Founding Fathers and al­ nation's shrines commemorate military emies: at West Point (army), Annapolis though similar proposals died in committee heroes and events? Where, In a country ded­ (navy), New Haven (coast guard) and Col­ over the years, "here is a sound idea which icated to peace, were the shrines and sym­ orado Springs ( air force) . has had to wait until the climate of opinion bols honoring peace? From that, the Lucey's Peace Academy Now if these excellent training establish­ is ripe. Now, I believe, its time has come." ments exist for the fine art of war, It might A national Peace Academy, where men idea grew, with appearances on West Coast radio programs, a newsletter, a prized en­ also be logical to introduce a national acad­ and women could study the "science of emy for peace, a subject which Pope John peace," was suggested at the national con­ dorsement from Sen. Robert F. Kennedy, and an invitation to present their ideas to the hailed as that "exalted task," In his authori­ vention of the Christian Family Movement tative encyclical, Peace on Earth. two summers ago and has since become a Christian Family Movement convention at Notre Dame in the summer of 1967. As has often been said (but soon forgot­ CFM cause, with members being asked to ten), peace is not Just the absence of war; write their Congressmen and Senators urg­ (When Martin Luther King was assassi­ ing support for such a proposal. nated, the CFM president couple, Pat and rather it is the prevailing presence of truth, justice, love and freedom. The Hartke Senate bill-and Its counter­ Patty Crowley, sent a telegram to President part in the House--proposes the establish­ Johnson suggesting that a National Peace The Hartke bill would have put under the ment of a federal Department of Peace, to Academy be erected in his honor.) proposed Peace department's control such ex­ be headed by a Secretary of Peace, and The Luceys have even proposed a curricu­ isting agencies as the well-proved Peace whose primary "function and purpose wlll lum for teaching the "fine arts of peace," in­ corps, the Arms Control and Disarmament be to promote the cause and advancement cluding such subjects as "Economics and agency, the Agency for International Devel­ of peace both In this Nation and throughout Peace," "Literature and Peace," "Migration opment and the International Agricultural the world," according to Hartke's bill. and Peace." Development service. The bill would put under the new depart­ "Some day we may be faced with peace," Besides the cabinet post and peace depart­ ment's control such existing agencies as the Lucey, a post office employee, remarks, "Who ment, the late bills also called for the estab­ Peace Corps, the Arms Control and Disarma­ will work it out? The generals the men lishment of an academy or Institute which, ment Agency, the Agency for International trained in war," he answers, noting that even on a much smaller basis than the other na­ Development and the International Agricul­ when the President visits other countries on tional service academies, would train Amer­ tural Development Service. a peace mission, he is accompanied by a ica's finest young men and women in the retinue of military aides. fine art of peace, certainly a practical na­ But most importantly, the Department of tional goal. Peace would establish an "International Praising the Lucey's Peace Academy pro­ Peace Institute," whose purpose would be "to posal, Ave Maria saw the academy as "the Presumably, candidates for the proposed academic counterpart of the Peace Corps, peace academy would be subject to the same prepare citizens of the United States for and the assemblage of the finest faculty in investigation and appointment procedures as service In positions or programs relating to the world would insure a continuity on a now exist for West Point and the others. January 24, 1969 CONGRESSIONAL RECORD- SENATE 11801 Nothing will promote the creation of a De­ the Job assigned to him. Is he really a con­ posal is a modest one, mocterate in its pur­ partment and an Academy for Peace but servationist at heart? Can he put aside his pose and reach. It is anything but a "gag massive support from public opinion. This of big-business leanings in the past in order rule." It would not alter the essential char­ course means expressed public opinion to administer the difficult oil-import quota acter ot the Senate as a deliberative body. through letters, telegrams and phone calls system in the public interest? Will he be It would not undermine nor even Jeopardize to your Senator and Congressman or their sensitive to the water-quality problems of the opportunity for extended debate. successors to be elected shortly. the big cities? Wlll he be genuinely inter­ Indeed, the real issue we face is quite the Christ said, quoting the customary Hebrew ested in protecting and expanding the reverse. The long history of the filibuster farewell, "Peace I bequeath to you, my own wilderness system and the country's national has shown that Rule XXII, as presently peace I give you ..." Perhaps this be­ parks and recreation centers? written, places undue power in the hands queathed peace ls the earthly kind that men At least the debate over Governor IDckel's of the few; the requirement that two-thirds of good will must attain by their own striv­ nomination has served to alert him to the of the Senators voting must concur before ing, persistence and creativity. sense of national concern about these prob­ debate can be limited, raises a nearly­ lems: He is on notice that the country will insurmountable barrier in the procedural expect much from his department over the path of even a substantial majority. The HOPE FOR CONTINUED PROGRESS next four years. From this viewpoint we present filibuster rule is too formidable. think the debate has been salutary. It 1B Mr. BYRD of West Virginia. Mr. Presi­ a good example of how a democracy func­ Proof of this fact is to be found in the der.t, the editorial in the Washington tions to help its officials meet the public history of the Senate itself. Since 1919, Post today entitled "Mr. Hickel's Oppor­ demands upon them. 44 attempts have been made in the Sen­ tunity" expresses what many Members Governor IDckel responded to the ordeal ate to limit debate by invoking cloture of the Congress and many citizens prob­ of public scrutiny with a large measure of under the two-thirds rule. Only eight of flexibility. His willingness to maintain the ably feel about the new Secretary of the freeze on public lands in Alaska so that the these have proved successful. The fig­ Interior. present Congress can pass upon native ures speak for themselves. When the The editorial makes the point that a claims (contrary to the views he had ex­ Senate, in 44 attempts over a period of new President is entitled to name his pressed as Governor) suggests that he is half a century, has managed to limit Cabinet, and that, I believe, 1s a valid capable of shifting to a national horizon. debate on only eight occasions, it should contention. It also makes the point, Simllarly his stance in regard to the cleaning be obvious that the present rule is too which I believe is valid, and perhaps up of polluted rivers appears to have broad­ strict. ened along with his new responsibllities. more significant, that Mr. Hickel is now Being a man of great energy and an exec­ I foresee a time, Mr. President, when on notice that there is concern in Con­ utive of known abillty, Mr. IDckel could this country is beset by a grave crisis gress and in the country generally as to prove to be a great Secretary of the Interior. which calls for legislative action in the how he proposes to go about meeting his It will depend upon how he applies himself Senate, and we find ourselves unable to responsibilities in such matters as con­ to his vast responsibility for improving our respand, held fast in the grip of rule servation, water and air pollution and so living environment from this point on. Now XXII. our paralysis will then occasion on. that he knows how Congress and the coun­ a public uproar of such propartions that try feel about clean rivers and lakes, pure I voted to confirm Mr. Hickel, for I air to breathe, green space for enjoyment we shall see the cloture rule swiftly believe that a President should be al­ and fair administration of the country's great swept away. All the hallowed habits of lowed to surround himself with the men natural resources, we hope that he will give the Senate will then be cast aside, and of his choice, unless there are serious and the kind of leadership that is required for a real "gag" rule will be instated here. substantive reasons for denying him this continued progress. In short, Mr. President, I fear that the right. very Senators who now defend rule XXII The Senate Interior Committee re­ with such rigidity, may then be proven ported Mr. Hickel's name favorably by CONCLUSION OF MORNING their own worst enemies, having them­ a vote of 14 to 3 after thorough hearings BUSINESS selves insisted upan the retention of and careful questioning of Mr. Hickel, The VICE PRESIDENT. Is there fur­ the very rule that precipitates the one and it was the feeling of the majority of ther morning business? If not, morning eventuality they most dread, the de­ the committee that the nominee had business is closed. struction of the Senate as a unique in­ clarified, to the satisfaction of most stitution among parliaments, where the members, the questions which had been right to extended debate lies strongly raised by Mr. Hickel's off-the-cuff re­ AMENDMENT OF RULE XXII fortified in its rules. marks made at a press conference some The VICE PRESIDENT. The Chair Modifying rule XXII by reducing time ago. Statements by Mr. Hickel at lays before the Senate the pending ques­ from two-thirds to three-fifths the that press conference were the cause of tion, which will be stated by the clerk. number of Senators present and vot­ much concern on the part of many citi­ The BILL CLERK. The motion of Mr. ing required to limit debate, would re­ zens who are interested in good conser­ HART to proceed to consider the resolu­ duce the chances of such a downfall vation practices. tion CS. Res. 11) to amend rule XXII from ever occurring. Morever, the three­ I think the Post's editorial puts the of the Standing Rules of the Senate. fifths rule, which I believe a substantial matter into good perspective. I would The Senate resumed the consideration majority in the Senate favors, would add that I hope the new Secretary takes of the motion. rest upan a consensus so strong that advantage of the opportunity that has Mr. KENNEDY. Mr. President, I sug­ it would, in truth, form a better shield now been given him to continue the gest the absence of a quorum. against the eventual adoption of major­ progress that predecessors have made in The VICE PRESIDENT. The clerk will ity cloture, than the rule in its present the areas that affect the lives of so many call the roll. form. Americans. The bill clerk proceeded to call the roll. For these reasons, I believe that the I ask unanimous consent that the edi­ Mr. CHURCH. Mr. President, I ask best interests of the Senate would be torial be printed in the RECORD. unanimous consent that the order for served if a majority were permitted to There being no objection, the editorial the quorum call be rescinded. pass judgment on the three-fifths pro­ was ordered to be printed in the RECORD, The VICE PRESIDENT. Without ob­ pasal. For 12 days now, we have been as follows: jection, it is so ordered. debating whether or not to take up the MR. HICK.EL'S OPPORTUNITY Mr. CHURCH. Mr. President, when I proposal and debate it on its merits. The Senate's confirmation of Walter J. introduced Senate Resolution 11, on Surely the time has come for the Sen­ Hickel to be Secretary of the Interior had January 9 of this year, in the welcome ate to bring the debate on this pre­ been taken for granted because of the strong company of its cospansor, my worthy liminary motion to a close. Accordingly. feeling that selection of a Cabinet is the Republican colleague, Mr. PEARSON, I under the provisions of paragraph II President's responsibility. The Senate would emphasized the very temperate nature not have been Justified in refusing to con• of rule XXII of the Standing Rules of firm the President's nominee in the absence of the change we propased in the rules. the Senate, I send to the desk a motion of any scandal, official misconduct or evi­ I said: signed by myself and 34 other colleagues dence of gross unfitness for the Job. No such Let me stress that by amending Rule to bring to a close the debate on the showing has been made. XXII to provide that three-fifths, rather The hearings and the debate in the Senate than two-thirds, of those Senators present motion to proceed to the consideration brought to Ugh t, however, a goOd deal of and voting may invoke cloture, we would of Senate Resolution 11, and ask that it concern about Governor Hlckel's concept of work no rash or radical change. This pro- be read. 1802 CONGRESSIONAL RECORD- SENATE January 24, 1969 The VICE PRESIDENT. The motion Of course, the constitutional issue and my distinguished friends have made will be stated. can-and in all likelihood will-be raised it very clear that they recognize that The assistant legislative clerk read, again at the commencement of the next it was not accomplished, and that for as follows: Congress. It is evident that the trend is this Congress the rule now is that unless MOTION FOR CLOTURE in the direction of establishing this con­ there be a two-thirds vote for cloture, We the undersigned Senators, in accord­ stitutional proposition. cloture cannot be invoked. I so under­ ance with the provisions o! rule XXIl of Mr. PEARSON. On Tuesday next, it stood my distinguished friend from the Standing Rules of the Senate, hereby will require two-thirds of the Senators Idaho, and I so understood my distin­ move to bring to a close the debate upon present and voting to limit debate on guished friend from Kansas. the motion to proceed to the consideration this matter? of Senate Resolution 11, a resolution amend­ I call attention to that fact because ing the Standing Rules of the Senate. Mr. CHURCH. Yes; this cloture mo­ that makes it quite clear that it is not F'RANK CHURCH, GEORGE MCGOVERN, tion is brought within the rule, and it necessary to bring up such a resolution PHILIP A. HART, JENNINGS RANDOLPH, will take two-thirds to invoke cloture. as this in the opening hours of a Con­ FRANK E. Moss, QUENTIN BURDICK, Mr. PEARSON. But if we reach the gress, but that it is instead possible and, EDMUND S. MUSKIE, CLAmORNE PELL, point of being able to consider the res­ I think, desirable and wise to brtng up GAYLORD NELSON, WILLIAM PROXMmE, olution itself, what vote would be re­ this question in the regular way as a JAMES B. PEARSON, CLIFFORD P. CASE, quired to agree to the resolution? resolution to be studied by the appro­ CHARLES GOODELL, EDWARD KENNEDY, Mr. CHURCH. Then a majority could VANCE HARTKE, CLINTON ANDERSON, priate committee, on which hearings HARRISON A. WILLIAMS, JACOB JAVITS, decide, if the Senate is permitted to vote should be held and on which the matter EDWARD w. BROOKE, HAROLD E. HUGHES, on the merits. will effectively come to the Senate floor JOSEPH D. TYDINGS, JOHN 0. PASTORE, Mr. PEARSON. I thank the Senator. for discussion. Such a course has been LEE METCALF, STEPHEN M. YOUNG, Mr. CHURCH. I should like to make followed many times since this particu­ MIKE MANSFIELD, STUART SYMINGTON, one further observation. lar Senator became a Member of the Sen­ ALBERT GORE, THOMAS J. DODD, THOMAS In 1967. when the constitutional ques­ ate, in the last 22 years or more. In each J. MCINTYRE, FRED R. HARRIS, MARK 0. tion of the light of the majority to act instance, the matter was regarded as one HATFIELD, HENRY M. JACKSON, HUGH on changing the rules at the commence­ SCOTT, HmAM L. FONG, EUGENE for negotiation. In two instances, the McCARTHY. ment of a new Congress was presented, negotiated change was worked out. In the vote to sustain that proposition was each instance, a negotiated change was Mr. PEARSON. Mr. President, will the 37 to 61. This time, when the vote was accomplished which was very mean­ Senator yield? taken, the result was 45 to 53. The Sen­ ingful. Mr. CHURCH. I am happy to yield to ate has come within eight votes of es­ The last change was accomplished in the distinguished Senator from Kansas tablishing the proposition that, under 1959, according to my recollection, and (Mr. PEARSON). with whom, may I say, it the Constitution, the majority has the was accomplished upon a negotiated set­ has been a pleasure to work during the light to act. . tlement reached by the entire leadership past 12 days. I want him to know how I, as one Senator, would prefer not to on both sides of the aisle. The RECORD much I appreciate his cooperation and have to go through that door; but so will show that the then distinguished assistance. long as it is the strategy of those who majority leader, Mr. Johnson, and the Mr. PEARSON. I thank the Senator. defend rule XXII to prevent even a sub­ distinguished minority leader (Mr. DIRK­ I wish to associate myself with the stantial majority of Senators from pass­ SEN) were joined by all the other mem­ statement made by the distinguished ing judgment on a modification so tem­ bers of the leadership. My recollection Senator from Idaho. This rule, created perate as that which is now proposed, is that the Senator from Montana of the United States (brigadier general, U.S. Code, section 5133(b) on January 16, 1969; and Army) . Vice Adm. George G. Burkley, Medical Donald W. Stauffer to be lieutenant com­ Maj. Gen. Charlee Marsden Duke, 021753, Corps, U.S. Navy (retired), for permanent mander while serving as leader of the U.S. Army of the United States (brigadier gen­ appointment to the grade of vice admiral on Navy Band, which nomination was received. eral, U.S. Army). the retired list, pursuant to article II, section by the Senate and appeared in the CONGRES­ Maj. Gen. Charles Martin Gettys, 044181, 2, clause 2, of the Constitution. SIONAL RECORD on January 10, 1969.

EXTENSIONS OF REMARKS EPISCOPAL BISHOP HARRY S. KEN­ bishop has been this and much, much, During his tenure, the St. Andrew's Cathe­ NEDY RETffiES AFTER 25 YEARS more. The imprint of his lifetime of serv­ dral had been refurbished and completed; 24- OF SERVICE IN HAWAII new church buildings, six chapels, 23 parish. ice to his fellow man will long be felt in halls, 21 educational buildings (not includ­ the vast area where he devoted so much ing those of the Priory, Seabury Hall, Iolani of his time and talent. and the Academy) and 40 rectories h ad been. HON. SPARK M. MATSUNAGA It is inspiring to note also that since constructed. OF HAWAII the beginning of his mission in Hawaii as More than buildings had been added to the IN THE HOUSE OF REPRESENTATIVES the head of Hawaii's Episcopal congrega­ diocese. The bishop has ordained 93 deacons Thursday, January 23, 1969 tion, Bishop Kennedy has always been and priests, a nd today there are 68 active on call to offer spiritual guidance to clergy--seven retired-compared with the 19 Mr. MATSUNAGA. Mr. Speaker, with he found when he first came here In 1945. the retirement of Harry Sherbourne military men in the Pacific. He was on He has welcomed 18 new congregations. Kennedy, Episcopal bishop of Honolulu, Okinawa with Gen. Joseph Stillwell His diocese covers such a large area that the official career of the great spiritual when Gen. Douglas MacArthur arrived he once jokingly told a Texas audience that leader of the diocese of Hawaii has come to begin peace negotiations with Japan. compared to his diocese, Texas was peanuts. In recent years the bishop has made Harry Sherbourne Kennedy was born Aug. to an end. At a testimonial luncheon numerous trips to Vietnam, several times 21, 1901, In Brooklyn, N.Y., the second son held earlier this month at the Ilikai coming under direct enemy fire, in order and youngest of the five chlldren of Mr. and Hotel in Honolulu, over 800 friends and Mrs. David E. Kennedy. ms family crossed members of bis congregation turned out to be with our U.S. fighting men. the Hudson when Harry was stm an Infant to pay tribute to the retiring bishop and The Island State is indeed grateful to settle In New Jersey, where his father to wish him "Godspeed." for the dedicated service of this great worked as a hotel manager. It has been said that "the sun never American churchman, and I know that He went to schools In New Jersey, earning sets on Bishop Kennedy,'' and during my colleagues would wish to join me in a letter In football, but between his high extending to him and Mrs. Kennedy all school and his college years In Colorado State the past 25 years his mission of service a t Greeley during a three-year hiatus he has encompassed not only Hawaii, but good wishes for continued health and worked in the freight claim section of Penn­ American Samoa, Okinawa, Wake, Mid­ happiness together during their leisure sylvania Railroad to augment the family In­ way, Guam, the Philippines, Taiwan, and years. come when his father died. Thailand. I am pleased to submit for the CON­ He earned another !ootball letter when His deep regard for his diocese ls re­ GRESSIONAL RECORD a very interesting he played end In Rocky Mountain Confer­ flected in the complete transformation feature article on Bishop Kennedy, by ence football, then went on to work for a Honolulu Star-Bulletin reporter Ligaya divinity degree from St. John's Theological of St. Andrew's Cathedral, the seat of College, a seminary supported by the Western the island's Episcopal community, dur­ Fruto, which appeared on Wednesday, bishops to train priests for the West. ing the last two and a half decades. More January 1, 1969: Kennedy was made a deacon In 1925, or­ than 24 new church buildings as well as BISHOP KENNEDY RETIRES AFTER 25 YEARS IN dained a priest In 1926, and married Kath­ 90 chapels, educational halls and rector­ ISLES arine Jane Kittel of Greeley In 1927. ies were constructed during his tenure. (By Llgaya Fruto) His service In missions In the West--In­ A churchman once said that the sun never eluding riding a circuit of seven missions In Bishop Kennedy, once referred to as a San Luis Valley and a plural cure In Colorado "building bishop,'' has added more than sets on Harry S. Kennedy. Episcopalians of the Diocese of Hawaii, Springs, plus an Army chaplaincy-forecast buildings to his diocese. Since he came to with some accuracy what would eventually Hawaii in 1945, he has ordained 93 which Includes American Samoa, Wake, Mid­ be the lot of the young man who took the deacons and priests, enlarging the ca­ way, Guam, and Okinawa, may know the "Go West .. . " Injunction too literally. p all of sunset as the Rt. Rev. Kennedy retires Kennedy was an Army chaplain on leave thedral's diocese from 19 to 68 clergy. today from his post of episcopacy. With characteristic wit, Bishop Ken­ from Grace Church In Colorado Springs He has also "covered" the Philippines, when he was elected on the first ballot dur­ nedy once said that a bishop has to be a Taiwan, and Thalland. ing the 54 General Convention of Episcopal combination architect, laWYer, interior Bishop Kennedy's 25 years In Hawaii has bishops to head the See of Honolulu. decorator, and diplomat. The island been described as a building episcopacy. It was three days before the 42-year-old 11808 EXTENSIONS OF REMARKS January 24, 1969 Kennedy learned o! his election, and some an apartment for them a.t 1001 W!lder Ave­ That as a. consequence of this high tree.son, days more before he would believe it. nue, and they have a mountain home 1n those who a.re usurps.ting the Power in Cuba For one thing, his sons were not impressed. Colora.do. (as they were never elected by the People), David, then 11, thought his father was not The Honolulu diocese is seeking independ­ a.re imposing a. regime of bloodshed, terror fat enough to be a. bishop. Paul, 9, said his ence from the Ma.inland convention, and and hate without any respect or considera­ father was not old enough. if It gets it, the local clergy wm elect their tion to the dignity of the human being or The most devastating comment came from own bishop. This may not happen for an­ the most elementary human rights. the oldest, Bruce, then 14. "You don't know other year and a. half or two, Bishop Ken­ That 1n their hunger f.or Power, these enough," he told his father. nedy says. traitors, following the pattern of totalitarian The bishop remarked later that what In the meantime, Bishop E. Lani Han­ regimes, are trying, within Cuba, to separate conceit the Army could not knock out of him chett, suffragan bishop, will be 1n charge of the Family, which ts the cornerstone of his sons would. diocesan matters. actual society, and a.t the same time, a.re Kennedy was consecrated a.t Grace Church poisoning the minds of the Cuban children on Jan. 11, 1944, and young Paul asked to and youth, in their hope of extending the be excused from class to attend his father's length of time for this abominable system. "cruclftxion." Happily, Paul was no prophet, That the rule of the Law has been wiped and his father, through the grace of God, THIRD ANNIVERSARY OF CUBAN out in Cuba., and it has been replaced by the became the sixth Episcopal bishop of Hono­ EXILF.8' DECLARATION OF FREE­ evil will of this score of traitors, who a.re lulu. acting under orders from their masters, the The new bishop recalls his arrival to his DOM Sino-Soviet imperialists. new post with some wryness. "After 11 days In view of the a.foregoing, we declare: of wartime convoy zigzagging," he said, "I got HON. DANTE B. FASCELL First: That the actual Cuban regime ls to Honolulu on Feb. 26, 1944. The curfew was guilty of high tree.son to our Fatherland and in effect and the streets were empty. There OF FLORIDA to the idea.ls of the Freedom Revolution was no one to meet me, and the only trans­ IN THE HOUSE OF REPRESENTATIVES which was started on October 10th, 1868. portation I could get was in a jeep with a. Second: That this score of traitors who major who offered the 'father' a. llft. Thursday, January 23, 1969 have committed treason against our Father­ "I hold him I wanted to go to the cathedral, Mr. FASCELL. Mr. Speaker, 3 years land, in case they survive the downfall of so he took me to the Cathedral of Our Lady ago today a dedicated band of Cuban their regime, wm have to respond, even with of Peace." exiles reaffirmed their faith in the prin­ their lives before the Ordinary Courts of The pictures he had seen of his cathedral ciples of liberty and justice with a his­ Justice of Cuba. did not look like the Fort Street one, so Third: That as the Noble Cuban People Kennedy asked to be taken to another toric Declaration of Freedom. will not ever surrender, because that Nation cathedral, if there was one. The m ajor On that day, 1,500 proud Cubans gath­ was not born to be slave, we, the Cuban remembered St. Andrew's and this time de­ ered in the city of Key West, Fla., at People, hereby make the present declaration posited the new bishop to the Diocesan House the historic Club San Carlos. It was par­ of freedom. on Queen Emma Square. ticularly fitting that the declaration We hereby swear before God Almighty to The first thing that greeted the young should be set forth from the balcony of fight constantly, until dee.th comes to us, to prelate was a huge sign: KAPU. The ladies of free CUba. from communism. the parish had newly painted the floor of the club, for it was from this same loca­ The fundamentals of this Revolution for what then looked like a. third-rate boarding tion in 1892 that the Cuban patriot Jose Freedom are: house and had put up the sign to a.now the Marti proclaimed Cuba's independence First: God Almighty, above a.11 things, 1n paint to dry. from Spain. The 1,500 who met in Key Whom we believe as the essence of Life. The bishop spent his first two nights In West 3 years ago were motivated by the Second: The Fatherland, with a.11 of !ts his new parish at the Ha.lekulani Hotel. same spirit and patriotism which moti­ Laws, tradition, customs and history a.s a After those first days, nothing was KAPU vated Jose Marti and his followers three­ sp!r!tua.l value, only surpassed by the con­ for the bishop. He was named by Adm. Ches­ quarters of a century ago. cept of God. ter W. Nimitz as mmtary bishop of the Third: The Fa.mily, as the cornerstone of Pacific, and thus started a. series of trips to The actions of both groups were in the Human Society. the Far East that Bishop Kennedy no longer keeping with the spirit and traditions of Fourth: Human Rights, for each and every ca.res to count. our forefathers when they met at Inde­ citizen, regardless of race or creed. "I have been in four plane crashes," he pendence Hall to proclaim their love of Flfth: The Law, a.s the foundation for the said, "in Manila, Okinawa., Japan and Wake. freedom with the Declaration of Inde­ proper development of the Human Society. I was beginning to worry that passengers in pendence. Sixth: Democratic Government, with !ts the planes I was in might look on me as a. The present-day pilgrims of liberty three Independent branches: Legislative, Ex­ jinx." have committed themselves to fight con­ ecutive and Judicial. Those who haven't heard of Bishop Ken­ stantly until the~r homeland is once Seventh: Representative Democracy, nedy's plans to do some writing and help through the exercise of Universal Suffrage, other bishops here and elsewhere after his again free from the yoke of Castro com - Periodically, Free and Secretive, as the ex­ retirement believe that he could make good munism. Now is the time for the people pression of Popular Sovereignty. use of his retirement time by signing up of the United States and for free men all Eighth: Freedom of worship, Freedom of for a. lecture tour. over the world to pledge their support Teaching, Freedom of the Press and Free "That fellow could make $2,000 an eve­ to these brave people in their efforts to Enterprise. ning as a. public speaker," declared a man drive tyranny from their island home Ninth; Private Property and Ownership, as who had heard him speak in 1952. and restore Cuba to its people as a free the basic expression of Liberty. His fund of anecdotes ought to make Tenth: The improvement of living condi­ Cuba. tions for both rural and city working masses, stand-up comedians envious. One day on Mr. Speaker, on this third anniver­ Okinawa., he recalled, after raising some with the just and necessary measures, keep­ money for a.n X-ray machine, he and his co­ sary, I would once again like to bring ing in mind the legitlma.te Interests of both workers sat down on the floor of a house the Declaration of Freedom to the atten­ Labor and Capita.I. for a. celebration party. tion of our colleagues: Eleventh: The derogation and eradication of anything which ls opposed to the polltlca.l He noticed a. dog lingering behind him, DECLARATION OP FREEDOM and rel!glous fundamentals aforementioned, evidently displeased at being shooed off. He In the City of Key West, Monroe County, and specifically, the abolition of Commu­ remarked to a. small boy who obviously State of Florida, United States of America., nism and any other form of tota.l!ta.rlan owned the dog, "Your dog doesn't seem to we, the Cuban exiles In the United States, ma.nl!estatlon. l!ke me." in the name of God Almighty, and speaking Signed and sea.led in Key West, Florida., "He doesn't," the boy retorted. "You're both for ourselves and the oppressed people on the 23rd day of January, 1966. ea.ting out of his dish." in Cuba., the Martyr Island, do say: The Kennedys' five sons have followed tn That on January 1st, 1959, the slavery yoke their father's footsteps: Bruce ts a. priest that ca.me from Europe and was extinguished tn San Francisco; David, rector of St. Peter's 1n CUba. a.t the end of the 19th century, was TRIBUTE TO HON. PAUL F. SCHENCK Church in Honolulu; Brother Paul ls in resumed. Guatemala. That those responsible for this high The twins, Joel and Mark, a.re also tn treason to our Fatherland and to our People HON. JOHN J. RHODES church work preparation. Joel is with a. sig­ are just a. score of tra.!tors who, usurps.ting nal battalion in Vietnam as chaplain's as­ the Government of the Country have been OF ARIZONA sistant, and Mark ts a.t Trlnlty College in acting a.s mercenary a.gent.s for the Sino­ IN THE HOUSE OF REPRESENTATIVES Connecticut. Soviet !mperia.l!sm, and have surrendered to Thursday, January 23, 1969 The bishop and his wife will divide their that imperialism our Freedom and our Dig­ time between Honolulu and Colorado nity, also betraying the American Hemi­ Mr. RHODES. Mr. Speaker, I should Springs. Their Ha.wall friends have gotten sphere. like to join my colleagues in our final trib- January 27, 1969 CONGRESSIONAL RECORD- HOUSE 1809 ute to Hon. Paul F. Schenck, whose able Americans, to whom he bequeathed so livened up the Republican cloakroom. service in the House of Representatives much of everlasting value in the benefi­ Even so, when it came time for serio~ for 13 years entitled him to the gratitude cial legislation which he helped to enact. business, no one was more intent or dedi­ and admiration of his constituents, and Paul Schenck was a blithe spirit who cated to doing a good job than was Paul the warm friendship of his colleagues on always made the darkest days much Schenck. He was a very popular Member bot.h sides of the aisle. Although the Na­ brighter. He was a great storyteller, and of the House. tion mourns his passing, he will be long not only edified his colleagues on the Mrs. Rhodes and I wish to express our remembered and beloved by his fellow floor with his anecdotes, but especially deepest sympathy to Mrs. Schenck.

HOUSE OF REPRESENTATIVES-Monday, January 27, 1969 The House met at 12 o'clock noon. To date, the new President has named me, remains clear: whatever h is talent.a, Mr. The Chaplain, Rev. Edward G. Latch, the three top policy men at the Depart­ Packard shouldn't have been taken out of the defense industry and placed in a position D.D., offered the following prayer: ment-the Secretary and the two Under where he has to make judgments on expan­ Thou wilt show me the path of life: in Secretaries. Each came directly from the sion of the defense establishment. Thy presence is fulness of joy.-Psalm commercial banking industry-an in­ dustry which is affected day to day by the Oi course, Mr. Rowen is right and 16: 11. what he has to say about Mr. Packard Our Heavenly Father, we pray that decisions made in the Treasury Depart­ ment. applies, with much greater impact, on Thou wilt fill this sacred moment with the appointments of David Kennedy, the reality of Thy presence. Restore our Here are the three: Secretary of the Treasury-David Charls Walker, and Paul Volcker to the souls, refresh our spirits, and reinvigorate Treasury. our bodies that we may be made ready Kennedy, chairman of the Continental Illinois National Bank of Chicago, and a Like Mr. Packard in the Defense De­ for the responsibilities of this day. partment, these three bankers will now Grant unto us sincerity that we may man who has been a leading executive in the banking industry for decades. be in a position to influence the policies persistently seek the things that endure, which so vitally affect their former em­ refusing those which perish, and that, Under Secretary of the Treasury­ Charls E. Walker, for 8 years the ployers. Nearly every function of the amid things vanishing and deceptive, we Treasury Department affects commercial may see the truth steadily, follow the leading spokesman and the chief lobbyist for the American Bankers Association. banks, their profits and their scope of light faithfully, and grow ever richer in operation. that love which is the life of men. Under Secretary for Monetary Af­ The Treasury, of course, handles the We pray for those nations sitting fairs-Paul A. Volcker, vice president of Federal Government's debt management around the peace table. Lead them into the Chase Manhattan National Bank of and sells Jrul.SSive sums of Government the ways of justice and truth and estab­ New York, the Nation's second largest securities to commercial banks. The lish among them that peace which is the commercial bank. Treasury is the source of Federal tax fruit of righteousness. Not since the days of President Hoover policy, an item which has consumed a We meet this day with sadness in our and his infamous Secretary of the Treas­ major part of the banking lobby's time hearts as we remember our beloved col­ ury, Andrew Mellon, has Washington and effort in recent years. The commer­ league who walks with us no more. We been flooded with so many bankers in cial banks also are the depository for thank Thee for his life of public service official policymaking positions. I am sure so-called tax-and-loan accounts main­ and pray that the comfort of Thy pres­ that someday this Congress and the tained by the Treasury Department. ence may abide in the hearts of all who American people will learn why Presi­ And the Treasury Department origi­ loved him and worked with him. dent Nixon felt so compelled to reward nates policies which affect the interna­ In the spirit of love, we pray. Amen. the banks and their lobbyists. tional activities of U.S. banks, something Surely, the new President realizes that that is of vital importance to the big the policies and the day-to-day decisions THE JOURNAL banks. Over all, the Secretary of Treas­ of the Treasury Department vitallY affect ury is in a position to influence economic The Journal of the proceedings of the welfare of the entire Nation and of and monetary policy which bears directly Thursday, January 23, 1969, was read each of our 200 million citizens. It is not on the operations of the commercial and approved. intended to be a play toy of the bank­ banks. ing industry. The list of areas where the Treasury Mr. Speaker, the installation of these MESSAGE FROM THE SENATE Department has a close relationship with three bankers in top policy jobs at the banking and monetary policy could flll A message from the Senate by Mr. Treasury Department represents a clear pages. The dangers of having the bank­ Arrington, one of its clerks, announced conflict with the public interest functions ing industry run the Treasury Depart­ that the Vice President, pursuant to title of the Department. This is true regard­ ment are obvious. 42, United States Code, section 2251, ap­ less of whether these men have disposed Mr. Speaker, the function of exploring pointed Mr. COTTON as a member of the of their bank stock and severed other the qualifications of these men, of course, Joint Committee op Atomic Energy in direct connections with the industry. falls to the Senate in the confirmation lieu of Mr. Hickenlooper, retired from It remains a fact that these men come process. This is the Senate's prerogative, the Senate. from years of experience in the banking but, I deeply regret that my colleagues The message also announced that the industry and that they bring with them in that body did not more fully explore Vice President, pursuant to title 20, all the prejudices and the attitudes of this question. United States Code, section 43, appointed this industry. It is impossible for them to This is particularly true in the case of Mr. Fol.BRIGHT a member, on the part of divorce themselves from the friends and Charls E. Walker, who has made no the Senate, of the Board of Regents of contacts and, most importantly, the secret of his activities as the chief the Smithsonian Institution. philosophy gained from their leading spokesman and the No. 1 lobbyist for the roles with commercial banks. American Bankers Association. Yet, the BANKERS' TAKEOVER OF TREAS­ In Sunday's Washington Post, Hobart Senate set what one national publication Rowen discussed the problems of conflict described as a "speed record" in approv­ URY-A NATIONAL DISGRACE of interest regarding another Nixon ap­ ing his nomination as the Under Secre­ (Mr. PATMAN asked and was given pointee, David Packard, who was ap­ tary. permission to extend his remarks at this pointed Deputy Secretary of Defense Dr. Walker will now be in a position to point in the RECORD and to include ex­ after a long career in defense-oriented implement the very policies for which he traneous matter.) industries. Here is what Mr. Rowen had has lobbied the Treasury Department Mr. PATMAN. Mr. Speaker, President to say: and the Congress for so many years. As Nixon's decision to give the commercial The public shouldn't have to trust to luck my colleagues know, Dr. Walker and his banking industry full run of the Treasury or the extra sensibl1lties of a man in high lobbyists have been to Capitol Hill often, Department is a national disgrace. office. The matter of principle, it seems to seeking special tax favors for the big