1758 CONGRESSIONAL RECORD- SENATE January 24, 1969
SENATE-Friday, January 24, 1969 Vietnam war? Would you address yourself to Mr. PROXMIRE. Mr. President, ery is being paved over e.t the rate of a. Inll the opportunities and dangers of that? among the statements, editorials, and lion acres a year. The oceans have become A. Well, of course, they are fundamentally speeches over the confirmation of Gov. the dumping grounds for a balf-Inlllion sub opportunities. AB one looks at our experience Walter J . Hickel for Secretary of the stances that may destroy the plankton essen ln other transition periods. I don't see why tial to photosynthesis. And new factories, we need to be very apprehensive about what Interior, two stand out. They do so be cause of their penetrating insights into homes, autos and jet airplanes have multi Inlght happen in the interlude. The transi plied the rate at which oxygen is replaced tion problem Is far less, relaUve to the size the real significance of that nomination by carbon dioxide and carbon monoxide. of the whole economy, than in the post and its broader meaning for the country "Tinkering with the natural order of things Korean period. Of course, the jobs that are and, indeed, for postertty. Is a dangerous business." the Sierra. Club curtailed may be ln one state and the ex I refer to the speech which my col warns, adding that it "we should so alter panding industries a.cross the country. You league from Wisconsin, Mr. NELSON, de our environment that we rid it of ingredients have a. problem of meshing these two. we need for life, then we will merely pass Q . I! the current rate of inflation ls too livered in the Senate yesterday, and the editortal in the New York Times this the way of other life forms that have become much, what Is the tolerable level? extinct for one reason or another." A. I think we have to feel our way along morning. They complement each other Twenty scientists and conserve.tlonlsts ap here. We don't really have much experience in both thought and depth of under pointed have fl.a.shed yet another danger sig in trying to cool an economy in orderly faah standing. nal. In their report they declare that man's lon. We slammed on the brakes in 1967, but, They point out that what is at stake survival in a world worth living ln is in of course, we got substantial slack in the is the environment in which human jeopardy. economy. I wouldn't attach a figure as to beings live. As my colleague said: The Nixon task force urges him to appoint what our objective ought to be at any point a Presidential Specie.I Assistant for Environ ln time, any more than I would really a.tta.ch World-renowned ecologists, biologists. ne.t mental Affairs, thus providing a. focal point a figure as to what our objective ought to be urallsttl, and scientists are alarmed by the for responsibility in a. badly fragmented field. for unemployment. In both cases, we want rapidly accelerating deterioration of our en It also recommends that the President's them as low as possible. vironment. Councll on Recreation and Natural Beauty But over the next two or three years, we be reconstituted as the Council on Environ certainly ought to be slowing down signlfl And the New York Times editorialized, in a reference to a warning given by the ment, with a new special assistant as its cantly the rate of price Inflation so that we executive secretary. The report asks that don't get the increases factored into wage and Sierra Club: antipollution programs be me.de etrective price decisions. In the United States a.lone oxygen-produc through adequate financing, which they have Q . To do that, you'd have to cut the recent ing greenery Is being paved over e.t the rate not thus far received; that the role of in rate of inflation in half, at least? of a Inlllion acres a. year. The oceans have dustry and state and local governments be A. I suspect so, yes. become the dumping grounds for a half-Inll strengthened and that new regional ap llon substances which may destroy the proaches be developed. plankton essential to photosynthesis. And It Is time to stop playing Russian roulette HUMAN RIGHTS: LET US LOOK new factories, homes, autos and jet airplanes with man's destiny ln e.n environment he FORWARD have multiplied the rate at which oxygen I.II can debase or ra.dlcally e.lter--often with replaced by carbon dioxide and carbon mon irreparable damage. Mr. PROXMIRE. Mr. President, on oxide. April 22 of last year, the Secretary Gen eral of the United Nations gave an elo Senator NELSON warned that no mat quent speech in Teheran in which he ter should concern us more than the en EXECUTIVE COMMUNICATIONS, emphasized the important bearing that vironment in which we live. As he said: ETC. the human rights conventions have on In the long pull, no other matter before The VICE PRESIDENT laid before the life of mankind. In this speech he us is as important. We hope we might banish the Senate the following letters, which reminded us that violence breeds vio the bomb, wipe out poverty, and achieve were referred as indicated: lence and fear is self-generating. This peace in the world, but that will avail us little if we so degrade our environment that REPORTS ON REAPPORTIONMENT OF AN is a simple truth which we should all living in it is hardly worthwhile. APPROPII.IATION consider. A letter from the Director, Bureau of the Today, Mr. President, we live in an era Mr. President, I urge that those who Budget, Executive Office of the President, where violence and fear and mistrust can read the RECORD should return to ponder reporting, pursuant to law, that the appro grow to the most dangerous proportions the eloquent statement of my colleague priation to the Department of Health, Ed if allowed to do so. Increased tensions yesterday and to consider the signifi ucation, and Welfare for "Grants to States for medical assistance" for the fl.seal year among nations and the resulting inter cance of the New York Times editorial 1969, has been apportioned on a be.sis which national arms race are striking examples today. indicates the necessity for a. supplemental of this terrible tendency. Every day the I ask unanimous consent that the lat estimate of appropriation; to the Commit stakes grow higher as the peoples of the ter be printed in the RECORD. tee on Appropriations. world find ever more deadly ways of There being no objection, the editorial A letter from the Director, Bureau of the waging war. was ordered to be printed in the RECORD, Budget, Executive Office of the President, Mr. President, we have the opportunity reporting, pursuant to law, that the e.ppro as follows: prle.tion to the Department of the Interior now, in this Chamber, to make a simple TINKERING WrrH NATURE'S ORDER for "Resources management," Bureau of In yet vitally important statement to the The Senate did the expected in confirming dian Affairs, for the fl.seal year 1969, has world, that we as a nation are concerned Walter J. Hickel yesterday, but lt also placed been apportioned on a basis which in about the welfare of all peoples, by the new Secretary of the Interior on warning dicates a need for a supplemental estimate ratifying the human lights conventions. that be will be closely scrutinized in the con of appropriation; to the Committee on Ap The conventions highlight issues which duct of his office. The sixteen votes cast propriations. January 24, 1969 CONGRESSIONAL RECORD- SENATE 1763 A letter from the Director, Bureau of the INTERNATIONAL DECADE OF OCEAN PROPOSED MEDICAL COST CONTROL ACT OJI' 1969 Budget, Executive Office of the President, ExPLORATION A letter from the Secretary of Health, reporting, pursuant to law, that the appro A letter from the Executive Office of the Education, and Welfare, transmitting a draft priation to the Department of Health, Ed President, National Council on Marine Re of proposed legislation to amend the Social ucation, and Welfare tor "Grants to States sources and Engineering Development, Com Security Act to provide !or the determination for Maintenance Payments" for the fiscal mittee on Marine Research Education and of drug costs under the medlcare, medicaid, year 1969, has been apportioned on a basis Facilities, for the information of the Senate, and child health programs, and for other which indicates the necessity for a supple a proposed plan for implementation of the purposes (with an accompanying paper); to mental estimate of appropriation; to the program involving increased utilization of the Committee on Finance. Committee on Appropriations. research submersibles; to the Committee on UNITED STATES-MExrco COMMISSION FOR A letter from the Director, Bureau of the Commerce. Budget, Executive Office of the President, BORDER DEVELOPMENT AND FRIENDSHIP reporting, pursuant to law, that the appro PROPOSED AMENDMENT OF UNIFORM A letter from the Chairman, U.S. Section, priations in the Department of Health, Ed TIME ACT United States-Mexico Commission for Border ucation, and Welfare, to meet certain pay A letter from the Secretary of Transpor Development and Friendship, transmitting a increases, for the fiscal year 1969, have been tation, transmitting a draft of proposed leg draft of proposed legislation to establish the apportioned on a basis which indicates a islation to amend the Uniform Time Act to United States Section of the United States necessity for supplemental estimates of ap allow an option in the adoption of advanced Mexico Commission for Border Development propriations; to the Committee on Appro time in certain cases (with an accompany and Friendship, and for other purposes (with priations. ing paper); to the Committee on Commerce. accompanying papers); to the Committee on A letter from the Director, Bureau of the PROPOSED AMENDMENT OF FEDERAL TRADE Foreign Relations. Budget, Executive Office of the President, re COMMISSION ACT REPORT OF GENERAL SERVICES ADMXNISTRATION porting, pursuant to law, that the appropria tion for the Department of Agriculture for A letter from the Chairman, Federal Trade A letter from the Administrator, General "Forest protection and utilization," Forest Commission, transmitting a draft 'of pro Services Administration, transmitting, pur Service, for the fiscal year 1969, has been ap posed legislation to amend the Federal Trade suant to law, a report of the Administration portioned on a basis indicating a need for Commission Act, as amended, by providing for the fiscal year ended June 30, 1968 (with a supplemental estimate of appropriations; for temporary injunctions or restrainlng an accompanying report); to the Committee to the Committee on Appropriations. orders for certain violations of that act (with on Government Operations. an accompanying paper); to the Committee REPORTS OF THE COMPTROLLER GENERAL APPROVAL OF LOAN TOM. & A. ELECTRIC POWER on Commerce. COOPERATIVE, POPLAR BLUFF, Mo. A letter from the Comptroller General of AMENDMENTS TO REGULATION GoVERNING the United States, transmitting, pursuant A letter from the Administrator, U.S. De NUMBERING OF UNDOCUMENTED VESSELS partment of Agriculture, Rural Electrifica to law, a report on the review of financing tion Administration, transmitting, pursuant A letter from the Secretary of Transporta of community fac111ties by the Department to law, information on the approval of a loan tion, transmitting a certified copy of the of Housing and Urban Development, dated January 17, 1969 (with an accompanying to the M. & A. Electric Power Cooperative of amendments to the regulations governing Poplar Bluff, Mo., for the financing of cer the numbering of undocumented vessels report); to the Committee on Government tain transmission facilities (with an accom (primarily recreational craft), promulgated Operations. panying pa.per); to the Committee on Ap by the Commandant, U.S. Coast Guard (with A letter from the Comptroller General o! propriations. an accompanying paper); to the Commtttee the United States, transmitting, pursuant to on Commerce. law, a report on the need !or improvements PROPOSED UNIFORM ALLOWANCES TO CERTAIN in the automated central payroll system of PERSONS PROPOSED REGULATION OF HOURS OF EMPLOY the Department of Health, Education, and A letter from the Secretary of the Navy, MENT AND SAFEGUARDING THE HEALTH OF Welfare, dated January 17, 1969 (with an ac transmitting a draft of proposed legislation FEMALE EMPLOYEES IN THE DlsTRICT OF companying report); to the Committee on to amend title 37, United States Code, to COLUMBIA Government Operations. provide for the payment of uniform allow A letter from the Assistant to the Com A letter from the Comptroller General of ances to certain persons originally appointed, Inlssioner, Executive Office, government of the United States, transmitting, pursuant to tempoTarily or permanently, as commissioned the District of Columbia, transmitting a law, a report on the review of Washington in or warrant officers in a regular component of draft proposed legislation to amend the Act ternal audit activities of the Agency for In· the Armed Forces (with an accompanying entitled "An act to regulate the hours of ternatl.onal Development, dated January 17, pa.per); to the Committee on Armed Services. employment and safeguard the health of fe 1969 (with an accompanying report); to the male employees in the District o! Columbia," Committee on Government Operations. PROPOSED INCREASE IN NUMBER OF Fr.AG OFFI- approved February 24, 1914 (with an accom CERS WHO MAY SERVE ON CERTAIN SELECTION panying paper); to the Committee on the PROPOSED JOINT FuNDING SIMPLIFICATION ACT BOARDS District o! Columbia. OF 1969 A letter from the Secretary of the Navy, A letter from the Director, Bureau of the transmitting in a draft of proposed legisla PROPOSED REGULATION OF EMPLOYMENT OF Budget, Executive Office of the President, tion to authorize an increase in the number MINORS IN THE DISTRICT OP CoLUMBIA transmitting a draft of proposed legislation of flag officers who may serve on certain selec A letter from the Assistant to the Commis to provide temporary authority to expedite tion boards in the Navy, and in the number sioner, Executive Office, government of the procedures !or consideration and approval of Of officers of the Naval Reserve and Marine District o! Columbia, transmitting a draft projects drawing upon more than one Federal Corps Reserve who are eligible to serve on se proposed legislation to amend the Act en assistance program, to simplify requirements lection boards considering Reserves for pro titled "An act to regulate the employment of !or the operation of those projects, and !or motion (with an accompanying paper); to minors in the District of Columbia," ap other purposes (v:lth an accompanying the Committee on Armed Services. proved May 29, 1928 (with an accompanying paper); to the Committee on Government paper); to the Committee on the District of PROPOSED TRANSFER OF SUBMARINE "DRUM" TO Operations. U.S.S. "ALABAMA" BATTLESHIP COMMISSION Columbia. REPORT OF ACTIVITIES IN THE DESALTING OP A letter from the Assistant Secretary of REPORT OP THE SECRETARY OF THE TREASURY SEA AND BRACKISH WATERS the Navy (Installations and Logistics), trans A letter from the Secretary of the Treas A letter from the Secretary of the Interior, lnltting, pursuant to law, a notice of the pro ury, transmitting, pursuant to law, a report reporting, pursuant to law, on the summary posed transfer of the submarine Drum to the on the combined statement of receipts, ex of 1968 activities in the desalting of sea and U.S.S. Alabama Battleship Commission; to penditures and balances of the U.S. Govern brackish waters, together with recommenda the Committee on Armed Services. ment for the fiscal year ended June 30, 1968 tions for future legislation; to the Commit• REPORTS OF EXPORT-IMPORT BANK OF THE (with an accompanying report); to the Com tee on Interior and Insular Affairs. UNITED STATES mittee on Finance. PROPOSED CONCESSION CONTRACT, GLEN CAN A letter from the Secretary, Export-Import CONGRESSIONAL FINANCIAL EFFECTIVENESS YON NATIONAL RECREATION AREA, AalzONA Bank of the United States, reporting, pur A letter from the Secretary o! the Treas AND UTAH suant to law, the amount of Export-Import ury, transmitting a notice of intention to A letter from the Acting Deputy Assistant Bank insurance and guarantees issued in submit !or the information o! the Congress, Secretary of the Interior, transmitting a copy November 1968 in connection with United a paper entitled "Congressional Financial of a proposed concession contract in the Glen States exports to Yugoslavia.; to the Com Effectiveness"; to the Committee on Finance. Canyon National Recreation Area, Arizona mittee on Banking and Currency. and Utah (with accompanying papers); to A letter from the Secretary, Export-Import REPORT OF U.S. TARIFF COMMISSION the Committee on Interior and Insular Bank of the United States, transmitting, A letter from the Chairman, U.S. Te.riff Affairs. pursuant to law, a report of the actions taken Commission, transmitting, pursuant to law, REPORT OP ADMINISTRATIVE CONll'ERENCE OP by the Bank under the act during the quar a report of the Commlsslon for the fiscal THE UNITED STATES ter ending December 31, 1968 (with an ac year ended June 30, 1968 (with an accom A letter from the Chairman, Admlnlstra companying report); to the Committee on panying report); to the Committee on tive Conference of the United States, trans Banking and Currency. Finance. mitting, pursuant to law, an interim report CXV--112-Part a 1764 CONGRESSIONAL RECORD- SENATE January 24, 1969 of the Conference, dated January 15, 1969 PROPOSED EDUCATION AMENDMENTS OF 1969 By Mr. METOALF (for himself, Mr. (With an accompanying report); to the Com A letter from the Secretary, Department of AIKEN, Mr. DoDD, Mr. HART, Mr. mittee on the Judiciary. Health, Education, and Welfare, transmitting KENNEDY, Mr. MANSFIELD, Mr. Mc· REPORT OF THE SECRETARY OF THE INTERIOR a draft of proposed legislation to extend and GOVERN, Mr. NELSON, Mr. TYDINGS, ON EMPLOYEE CLA™S improve programs of assistance for education Mr. YARBOROUGH, and Mr. YOUNG of and for other purposes (With accompanying Ohio): A letter from the Secretary of the Interior, S. 607 A blll to establish an independent transmitting, pursuant to law, a report cov papers); to the Committee on Labor and Publlc Welfare. agency to be known as the United States ering all employee claims of the Department Office of utmty Consumers' Counsel to rep in the fiscal year 1968 (with an accompany PROPOSED COMMUNITY HEALTH SERVICES AND resent the interests of the Federal Govern ing report); to the Committee on the Ju COMPREHENSIVE HEALTH PLANNING AMEND• ment and the consumers of the Nation be diciary. MENTS OF 1960 fore Federal and State regulatory agencies REPORT OF COMPTROLLER GENERAL OF THE A letter from the Secretary of Health, Edu With respect to matters pertatntng to certain UNITED STATES CONCERNING CLAIM OF THE cation, and Welfare, transmitting a draft of electric, gas, telephone, and telegraph utlli AMERICAN JOURNAL OF NURSING proposed legislation to amend the Public ties; to amend section 201 of the Federal A letter from the Acting 0omptroller Gen Health Service Act and related laws to extend Property and Admtnlstrative Services Act eral of the United States, transmitting, pur and improve the provisions relating to com pertal.nlng to proceedings before Federal and suant to law, his report and recommenda prehensive health planning and public State regulatory agencies; to provide grants tion concerning the claim of the American health services, the construction of hospi and other Federal assistance to State and Journal of Nursing, New York, N.Y., against tals and other medical tacll1t1es, and the local governments for the establlshment and the United States (With an accompanying construction and operation of mental health operation of utmty consumers' counsels; to report); to the Committee on the Judiciary. and mental retardation facllltles, to assist in provide Federal grants to universities and the development of group practice plans pro other nonprofit organizations for the study REPORT 01' SUBVERSIVE ACTIVITIES CONTROL viding comprehensive health care, to assist in and collection of information relating to BOARD providing safe drtnking water, to improve the utility consumer matters; to improve meth A letter from the Chairman, Subversive provisions relating to advisory counclls, and ods for obtaining and disseminating ln!or Activities Control Board, transmitting, pur for other purposes (With accompanying mation With respect to the operations of suant to law, a report of the Board covering papers); to the Committee on Labor and utllity companies of interest to the Federal the 6-month period endP.d December 31, Publtc Welfare. Government and other consumers; and tor 1968 (With an accompanying report); to the REPORT OF CIVIL SERVICE COMMISSION ON other purposes; to the Committee on Gov Committee on the Judiciary. POSITIONS IN GRADES GS-18, GS-17, AND ernment Operations. (See the remarks of Mr. METCALF when he REPORT ON AUDIT OF ACCOUNTS OF THE FUTURE GS-16 FARMERS OF A.MERICA introduced the a.bove bill, which appear A letter from the Chairman, U.S. Civil under a separate heading.) A letter from the chairman, board of di Service Commission, transmitting, pur By Mr. PEARSON: rectors, Future Farmers of America, trans suant to law, a report on Commission em S. 608. A b111 to create a temporary Na mitting, pursuant to law, a report on the ployees in grades GS-18, GS-17, and GS-16 tional Aviation Planning Commission in audit of their accounts as of June 30, 1968 (with an accompanying report); to the order to improve national planning in avta• (with an accompanying report); to the Com· Committee on Post Office and Clvtl Service. tion; to the Committee on Commerce. mittee on the Judiciary. REPORT ON HIGHWAY RELOCATION ASSISTANCE (See the remarks of Mr. PEARSON when he PROPOSED SETTLEMENT OF TORT CLAZ.MS ARls· A letter from the Secretary of Transporta introduced the above bill, which appear ING IN F'OREIGN COUNTRIES tion, transmitting, pursuant to law, a report under a separate heading.) A letter from the Comptroller General of on highway relocation assistance, dated Jan By Mr. DOLE: the United States, transmitting a draft of uary 15, 1969 (With an accompanying re S. 609. A b111 for the relief of Dr. Mohamed proposed legislation to authorize the Comp port); to the Committee on Public Works. Ta.her Ahmed Fouad; to the Committee on the Judiciary. troller General of the United States to ad· PROPOSED NON-FEDERAL OPERATION OF SMALL By Mr. HOLLAND: mlnlstratively settle tort claims arising in BOAT HARBORS foreign countries (With an accompanying S. 610. A b111 for the reltef of the Cuban A letter from the Secretary of the Army, Truck & Equipment Co., its heirs and assigns; paper); the Committee on the Judiciary. to transmitting a draft of proposed legislation to the Committee on the Judiciary. PROPOSED CONTINUATION OP PROGRAMS AU- to provide tor non-Federal operation and By Mr. MATHIAS: THORIZED UNDER EcoNOMIC OPPORTUNITY maintenance of recreational small boat har S. 611. A b111 to regulate and foster com ACT OP 1964 bors constructed by the United States (With merce among the States by providing a sys A letter trom the Acting Director, Office an accompanying paper); to the Committee tem for the taxation of interstate commerce; ot Economic Opportunity, transmitting a on Public Works. to the Committee on Finance. draft of proposed legislation to provide for PROPOSED ENVIRONMENTAL HEALTH IMPROVE· By Mr. PROXMIRE (for himself, Mr. the continuation of programs authorized un MENT AMENDMENTS OF 1969 MCGoVERN, Mr. MUNDT, Mr. NELSON, der the Economic Opportunity Act of 1964 A letter from the Secretary, Department of Mr. YouNG of North Dakota, and Mr. (With accompanying papers); to the Com Health, Education, and Welfare, transmitting CHURCH): mittee on Labor and Public Welfare. a draft of proposed legislation to extend the S. 612. A b111 to regulate imports of milk duration of the Solid Waste Disposal Act and dairy products, and for other purposes; DaUG !NPOKMATION AND CONSUMER PRO'l'ECTION to the Committee on Agriculture and For AMENDMENTS OP 1969 and the Clean Air Act, and tor other pur poses (wtth an accompanying paper); to the estry. A letter from the Secretary of Health, Edu Committee on Public Works. (See the remarks of Mr. PROXMIRE when he cation, and Welfare, transmitting a draft of introduced the above b111, which appear un proposed legislation to protect the public CIVIL WORKS PROJECTS or THE CORPS OP der a separate heading.) health by amending the Federal Food, Drug, ENGINEERS By Mr. PROXMIRE: and Cosmetic Act to provide tor a U.S. Com A letter from the Secretary of the Army, S. 613. A b111 for the relief of Ramona pendium of Drugs; to provide tor a uniform transmitting a draft of proposed legislation Pacho; system ot coding tor the identification of pre to amend section 313 of the act approved S. 614. A blll tor the relief of Francis scription drugs and provide for related label October 27, 1965, as amended (82 Stat. 735) Charles Miller (Franz Canto); information; to provide for records and re (with an accompanying paper); to the Com S. 615. A bill for the relief ot AlexandroS ports on experience with respect to articles mittee on Publtc Works. Marlls; and subject to the act, for improved factory in REPORT ON THE FEASIBILITY OF A Mm-AMERICA S. 616. A blll tor the relief of Robyn Mary spection authority, and tor authority to re CENTER, SMITHSONIAN INSTITUTION AT HOT Reimer; to the Committee on the Judiciary. quire production of evidence; to assure the SPRINGS, ARK. safety, reltabll1ty, and effectiveness of medi By Mr. TOWER: cal devices; and for other purposes (With ac A letter from the Secretary, Smithsonian S. 617, A bill tor the rellef of Ulrich Otten companying papers); to the Committee on Institution, transmitting a report on the (also known as Heinz Erhardt Nass) and his Labor and Public Welfare. feaslbll1ty of a Mid-America Center of the wife Elke Otten; and Smithsonian Institution to be situated at S. 618. A blll for the relief of Michael Wun PROPOSED MEDICAL LmRARY AND HEALTH COM· Hot Springs, Ark. (With an accompanying re derwald; to the Committee on the Judiciary. llolUNICATIONS AsSisTANCE AMENDMENTS OF port); to the Committee on Rules and By Mr, DOMINICK: 1969 Administration. S. 619. A b111 for the relief of CPO James A letter from the Secretary of Health, Edu G. Dole, U.S. Navy; and cation, and Welfare, transmitting a draft of s. 620. A b111 for the relief of Richard proposed legislation to amend the Public BILLS AND JOINT RESOLUTION Vigil; to the Committee on the Judiciary. Health Service Act to improve the provisions INTRODUCED By Mr. NELSON: relating to assistance to medical libraries and S. 621. A b111 to provide for the establish related facllltles in the field ot health com Bills a.nd a Joint resolution were in ment of the Apostle Islands National Lake· munications, and tor other purposes (With troduced, read the first time, and, by shore in the State of Wisconsin, and for other an accompanying paper); to the Committee unanimous consent, the second time, and purposes; to the Committee on Interior and on Labor and Publtc Welfare. referred a.s follows: Insular Affairs. January 24, 1969 CONGRESSIONAL RECORD- SENATE 1765 (See the remarks of Mr, NELSON when he sages of 1962, 1964, and 1968-the right phone industries-or the electric utili introduced the above bill, which a.ppea.r to be informed and the right to be heard. ties. To read utility trade literature, one under a. separate heading.) It would strengthen State regulation by would suppose those interest costs are By Mr. JORDAN ot Ida.ho (tor himself to and Mr. CHURCH) : providing regulators with information up around 7 percent. The president of S. 622. A blll tor the rellet ot certain in needed by them to carry out the large Stone & Webster, a utility service corpor dividuals; to the Committee on the Judiciary. tasks assigned them by legislators. It ation, wrote in the December 19, 1968, (See the remarks ot Mr. JORDAN ot Idaho would provide consumers with competent issue of Public Utilities Fortnightly, that when he introduced the above b1ll, which counsel before commissions and courts. "money costs are 6% to 7 percent." In appear under a. separate heading.) The bill has four principal objectives: terest rates have been high recently. By Mr. ERVIN: First. To require utilities to report to However, most utility debt carries a much S. 623. A b1ll to provide procedures tor calling constitutional conventions tor pro regulatory bodies information which is lower service charge. For electric utili posing amendments to the Constitution ot pertinent to regulation and to under ties the rates averages only 4 percent. the United States, on appllcatton ot the legis standing of utility rates and procedures: Because of this low-debt service cost, the latures ot two-thirds of the States, pursuant Second. To require the Federal Power average return on common equity for to article V of the Constitution; to the Com Commission and the Federal Communi electric utilities has risen steadily mittee on the Judiciary. cations Commission to report this infor through the years until it is now at a (See the remarks ot Mr, ERVIN when he mation to Congress and the public in a record high of 12.8 percent. But Stone introduced the above bill, which appear & under a. separate heading.) timely and convenient manner, using Webster and the companies it repre By Mr. JACKSON (tor himself, Mr. automatic data processing to the fullest sents talk about 7 percent; actual aver TYDINGS, and Mr. NELSON): extent possible; age costs are not available on a com S. 624. A bill to establish the Potomac Na Third. To establish, at the Federal, pany-by-company basis; the presenta tional River in the States ot Maryland, Vir• State, and local levels, offices of Utility tions that would destroy utility myths ginia, and West Virginia, and tor other pur Consumers' Council, to represent the in are not made and the public which we, poses; to the Committee on Interior and terest of utility consumers before regu Mr. President, are supposed to represent, Insular Affairs. mutters and pays what the utilities bill (See the remarks of Mr. JACKSON when he latory commissions and courts, and introduced the above b1ll, which a.ppea.r Fourth. To establish a grant program them. under a. separate heading.) to finance study of regulatory matters. In recent days we have heard direct By Mr. BYRD ot West Virginia: On February 6, 1968, I introduced a bill, testimony on the myth of utility regu S. 625. A blll to amend the Internal Reve S. 2933, almost identical to the legisla lation. When Secretary Hickel was be nue Code ot 1954 to increase the amount ot tion introduced today. My detailed state fore the Senate Interior Committee I credit allowable for investment in property ment on the legislation appears in the questioned him about regulation of used to protect the health of miners; to the Anchorage Natural Gas Corp., of which Committee on Fina.nee. CONGRESSIONAL RECORD, volume 114, part By Mr. FONG: 2, pages 2208 to 2213 of that date. On he had been board chairman prior to S. 626. A blll tor the relief ot William April 30, 1968, I placed in the RECORD becoming Governor of Alaska 2 years Phillips; comments on the bill which I had re ago. After studying the matter during S. 627. A bill for the relief ot Mellcio mep; ceived from State regulatory officials our luncheon break he stated-as re a.nd and political scientists. These comments ported on page 235 of the hearings- S. 628. A blll tor the relief ot Koon Chew appear in the CONGRESSIONAL RECORD, vol that Anchorage Natural Gas "is not now, Ho; to the Committee on the Judiciary. ume 114, part 9, pages 10984 to 10988. never has been under any State control. By Mr. BffiLE (tor himself, Mr. JACK If any Governor or anyone else wanted SON, Mr. ANDERSON, Mr. JORDAN of Additional comment appears in the CON Idaho, Mr. Moss, Mr. BURDICK, Mr. GRESSIONAL RECORD, volume 114, part 10, even to help that company, I wouldn't NELSON, Mr. McGOVERN, Mr. ALLOTI', pages 12667 and 12668. know how, because we have no jurisdic Mr. MANSFIELD, Mr. ME'l'cALJI', Mr. Mr. President, it is time for the Con tion." The fact is that Anchorage Nat STEVENS, Mr. CHURCH, Mr. HANSEN, gress to recognize the fact that most reg ural Gas Corp. was under regulation of Mr. FANNIN, and Mr. HOLLAND): ulation of our essential monopoly indus the State public service commission S.J. Res. 29. Joint resolution authorizing tries is mythical. The myth of regulation when he was board chairman. It was the Secretary of the Interior to provide tor under regulation of the commission the commemoration ot the lOOth anniversary is perpetuated by the industries them ot the establishment ot Yellowstone Na selves, at the customers' expense, when he was Governor. Alaska Inter tional Park, a.nd tor other purposes; to the through their adveritising and public re state, the holding company of which Committee on the Judiciary. lations programs. When regulation is Anchorage Natural Gas is a subsidiary, (See the remarks ot Mr. BmLE when he in actually attempted, the utilities• re reported that regulatory responsibility troduced the above Joint resolution, which search, presentations, and consultants to the Securities and Exchange Commis appear under a separate heading.) are financed from customer-paid operat sion in 1966 and 1968. The Alaska Pub ing expenses. The public pays. However, lic Service Commission reported that no provision ls made, through either the regulatory responsibility to the Senate S. 607-INTRODUCTION OF Bll.L RE tax or rate structure, for similar presen Subcommittee on Intergovernmental Re LATING TO THE FACTS AND A tation of the public's case. The utilities lations. But the head of the regulated VOICE FOR UTILITY CONSUMERS do not want that, and their view prevails. company was unaware of the regulation. Mr. METCALF. Mr. President, on be- Nor indeed is the most basic informa After he changed hats, served as Gov half of the senior Senator from Vermont tion needed by regulators available on a ernor, and appointed to the regulatory (Mr. AIKEN). the senior Senator from uniform basis. commission members whose names he Connecticut to 11 .6 tory system wlll run into the "very real compiled record profits. per cent in 1967. In many cases, the savings problem" of money. " Good solid people would In Massachusetts, the rate of return for h ave not been passed on to customers. have to take a substantial cut in pay," he Boston Edison was set at 5.7 per cent in 1958. UtlI!tles include taxes in their operating explained. According to the FPC, the Boston fl.rm expenses and these expenses are met by col Another h andicap is that u t lllty experts earned 7.75 per cent in 1966. lecting the levy from customers. As Senator are all working for the utmty companies, In Maine, the profit margin of the Central Metcalf has charged: and the unlversitles do not have specialists Maine Power Co. was established at 5.75 per "Ut111tles are not taxpayers. They are tax who are concerned about the power monop cent. Its current income return ls 6.56 per collect ors. When utlllty taxes are decreased, olies. cent. as they h ave been frequently, many ut1lltles Essentially, Mr. Roberts said, t he state In Connecticut, the three power compa do not automatically reduce rates. They must settle the "question of priorities" and nles--Connecticut Light and Power, Hart thus become t ax keepers." determine 1f it ls "willlng to spend the ford Electric Light and United Illuminat Dr. Horace M. Gray, emeritus professor of money" that would have to be taken from ing--eamed an average return of nearly 7.40 economics at the University of Illinois, other programs. per cent. quoted in the Congressional Record, main COUNSEL URGED EIGHT PERCENT tains that the electric industry will profit Another attempt at reform is Just getting In the Providence area, Blackstone Valley from the recently imposed 10 per .cent surtax. started in Massachusetts, where the Con Electric and Newport Electric are making re PROFITS SEEN sumers' Council has assailed the electric turns of close to eight per cent. The FPC companies with overcharging Bay State resi calculated that if those two firms had been He argues that the industry will have to pay $400,000 on the new charge but will prob dents a total of 41 million dollars last year. held to returns of six per cent their custom The charge was made by Dr. Edward R. ers would have been saved an "overcharge" ably collect twice that amount and pocket of about $600,000 in 1966. the difference. Willett, council chairman, who said the coun Last year, in a review of corporate profits, Income and tax figures since the surtax cil would sponsor legislation assessing gas and went into effect are not available to affirm electric companies for funds to study rate the First National City Bank in New York systems and make competitive bidding estimated that all ut111tles have twice the or contest the professor's remarks. The cost of electricity to consumers has mandatory in certain contracts. return on their net worth than has the vola A counc11 spokesman suggested that pro tile transportation industry. indeed gone down since World War I. The cost per kilowatt in 1967 dropped three cents visions of the FPC law allow an investiga The electric companies offer several argu tion of a region's ut1llty problems if the state ments in their defense. They claim the cost to $2.31 but the average annual blll in of money is constantly increasing, that they creased $5 to $120. That hike ls attributed agencies in the area request a probe. face competition from gas and oil interests, to the increased usage by each family. Another change the council favors 1s the The challenge of cheap federal power and appointment of a utilities counsel, who that they need high profits to attract in would work with the regulatory commission vestors and, that unlike munlcipal companles the government's 2-million-dollar research or federal projects, they pay a large amount investment in nuclear power has revolution and represent the pubUc in rate cases. ized power production. The electric industry Maryland is the only state with a ut111ties of income taxes. counsel and efforts at the federal level to Further, the companles contend that the is planning a huge outlay in the next 10 cost of electricity is decreasing all the time years to construct about 66 nuclear plants provide funds for the position have been de with a capacity of 51.5 million kilowatts. feated in Congress. and they are making heavy investments in The Utllity Consumer Counsel Blll, intro modem nuclear equipment so that the cost Again, rush of the companies' into nuclear will go down even faster. generation has riled the critics. They contend duced by Senator Metcalf, required the re But industry critics maintain that the that the pubUc paid for the development porting of additional financial information electric industry's contentions are phantom of the new power, but that the control over by the utilities, including stock ownership objections when they are viewed closely. nuclear energy 1s being "handed over" to and stock option plans. The cost of money argument is one in private industry. The blll would have made federal funds available for up to 75 per cent of the cost of stance. The industry contends that the cost Moreover, the critics charge that the co establishing utllity counsels in cities with of borrowing for investment is over six per operatives and the munlcipally owned com cent and that this should be used to decide more than 100,000 popula/tlon and at state panies, which provide 14 per cent of the and national levels. a fair rate of return. power needs in New England, are being The ,legislation conta&ned a provision ,to The critics note that while the prime rate excluded from sharing equitably in the dis 1s now about six and a half per cent, what tribution and profits of the new energy start a grant program for a. continuing study complaint did the industry have when the source. of regulatory issues. The money for the new interest rates were half that 10 years ago. programs would have come from the ut111ties, PROBLEMS IJSTED which were to be taxed at the rate of one Would the utll1ties have reduced their profit Thus the advent of nuclear power, the margins to three per cent? They ask. tenth of one per cent of their opera.ting growing tendency toward regional mergers revenues. In addition, the cost of money 1s mislead and the inab111ty of the separate states to ing, the critics observe. The real cost of money Senator Metcalf maintained 1it was fair i!or control the wealthy power companies cast a the utlllties to ipay for ,their own ;regulation to a utlllty ls the long-term interest it must grave doubt over the efficacy of the pro pay on its bonded debt which comprises since the government paid four-billion of the posed reorganlzation of utmties regulation industry's annual 40 bllllon dollars in reve more than half its capitalization. in Rhode Island. The latest annual FPO report states: "The nues. average interest rate on the companies long Dennis J . Roberts II, nephew of the for term debt reached a record high of four per mer governor who 1s working on a ut111ties [From the Des Moines (Iowa) Register, Jan. cent in 1967." The report continues: report for Governor Licht admits there are 16, 1969] difficulties to overcome 1f a revamped sys TAX MONEY CITED tem is to be effective. Foa BETTER UTn.ITY REGULATION "Much of the present debt capital of the He said the inltial plan on reforming the Measured in dollars, the most important stronger electric utUltles was obtained in the ut111ties divlsion included a three-member consumer protection blll being urged in Con 1946--56 decade when borrowing rates con panel with overlapping terms filled with gress is a proposal by Senator Lee Metcalf siderably below four per cent were preva "apoUtical" appointees. (Dem., Mont.) to modernize the regulation of lent." The commission should be "judicial" in rates charged by major electric, gas, tele On the question of competition, observers nature and have the use of experts, Mr. Rob phone and telegraph utilities. believe that the electric companies, the na erts said. He said that there is sufll.cient Metcalf, relying on Federal Power Com tion's largest industry in terms of value, has legislation now for a utmties commission to mission statistics, said the common stock advantages over its rivals. carry on its work. return of major electric utilities has risen Because of excess profits, the critics as He added that "some thought has been from about 7 per cent prior to World War II, sert, the electric firms can cut their prices, given to reglonalizing or setting up a com to 10 per cent in the postwar period, to 11 provide customer bonuses and absorb the pact." Mr. Roberts said there does not seem per cent 1n 1960 and exceeding 12 per cent loss without materially affecting their profits. to be any Uaison among the utility divisions for the first time in 1965. One of the electric companies' most potent in New England, many of which are dealing He said state agencies cannot effectively arguments in terms of public relations has with different offshoot.s of the same com regulate utmty rates. been their insistence that they are taxpayers panies. Metcalf's proposal would: 1768 CONGRESSIONAL RECORD- SENATE January 24, 1969 Require major, privately-owned utllltles to of preparing and presenting its case was late efficiently the agencies within its sphere, report accounting and ownership information $375,000. has called attention to its own need tor reg necessary for the effective regulation of their The commission allowed this company ex ulation. rates and for the public understanding of pense 1n computing what was a fair return Years overdue is the announcement that their operations. to the water company. In a slmpllfled sense, the entire operations of the D.P.U. wm be Require the FPC and Federal Communica then, the pubUc, as business and residential scrutinized by the House Committee on Gov tions Commission to make this information water b11! payers, spent nearly four times ernment Regulations, whose chairman prom publlc quickly and fully. more arguing for higher water bills than lt ises that the agency will be made to protect Establish at federal, state, and local levels, spent arguing against them. more effectively the interests of the con offices of utlllty consumers• counsel to repre Thls disparity ls continuing now that Dav sumer. sent the interests of utility customers before enport Water has appealed the commission's Today the D.P.U. commission will meet 1n regulatory bodies. order to the Scott County District Court and executive sel!Sion to discuss the recent power Finance studies of utility regulation mat will continue if, as expected, the case goes failures which affected 250,000 persons in 30 ters. to the Iowa Supreme Court. communities. Members of the House Com The federal government has an interest in An additional feature of this court appeal, mittee will, however, be present. Whlle the the proposal as a customer of utillty services, as the issues presently are drawn, weighs in so-called open meeting law seems not to as well as a protector of business and resi favor of the utlllty company. preclude the D.P.U. from meeting privately, dential users. Its annual utlllty blll runs to In its order, the commission had to pick sessions such as these should be open to the $4 billion, roughly one-tenth of the utilities' its way through a m aze of questions as it public. total revenue. Metcalf estimates that a 1 per decided for the first time how Iowa would A lleparate legislative probe into the speed cent reduction in this federal government measure a fair rate of return for a utllity. with which the Boston Edison Co. responded utillty blll would offset the $40 million cost Some of its judgments favored water b111 to the two recent power blackouts will be of his blll. Of course, most of the savings he payers; some favored the water company. conducted by the legislative commission foresees would go to tndivlduals and busi VALUES OF FACll.ITIES studying the generation, distribution and nesses. cost of electricity. There ls a larger ques The b1ll's disclosure provisions simply The utility appealed the commlssl.on's tion, too. would require a utility to make easily avail order because in its principal decision, the Regulatory agencies at all levels of govern able that information-plant costs, revenues, commission chose original cost less deprecia ment often become so close to the organlza· expenditures, cost of capital, etc.-which are tion, as the method of figuring the base value tions they were created to police that they necessary to fairly judge its return. of the utility's fac111ties, rather than the become at best ineffective. This ill part of the A recent report by a committee of the In· "fair value" method which would have al problem in the functional paralysis of the vestment Bankers Association shows why this lowed higher rates and a higher return. D.P.U. is necessary. The report said that utility ac The company now ls asking the court to Also in question are the professional qual counting practices show "a greater lack of upset this and other oommlsslon decdsions ifications of the seven commissioners who comparabillty than at any time since 1933." which ran against 1t. administer the agency. The chairman, 61· This holds some advantages for a utUlty. A The cities of Davenport and Bettendorf, year-old Helen Ross, occupies her position regulatory agency must go through the costly which intervened In the hearing, have re primarily because !!he was a long-term con and difficult chore of untangling a utmty's sisted the company's appeal, but they have fidential secretary to ex-Gov. John Volpe. books if it undertakes a rate case. This is one not entered arguments asking the court to None of the others has any specialized train reason why there are so few rate cases. reverse those commission decisions which ran ing in the field of ut111ties. With standardized accounting procedures against water users. The efficacy of the D.P.U. ls further lim and data stored on computers, you could The amounts involved are not small. ited by a lack of staff and sufficient funds to push a button and find out a utility's rate The commission, for instance, allowed a attract qualified professionals. Moreover, base and rate of return. The senator's sug 11.5 per cent return on the common stock lengthy Civil Service requirements-it some gestion for utlllty consumers• counsel would equity o! the company. At the hearing, 1-ts times takes one year to fill a job--are dis· help assure that someone would push the staff witness, after studying the operations couraglng to applicants. button. of eight water ut111ties, testlfled that a fair Chairman MacLean should assure that his The proposal would not submit utilities to return would be in the range of 9 to 10 legislative committee examines every facet any rate controls which do not now theoret per cent. of the D.P.U. and reshapes it into an effective ically exlst. By reason of their monopoly posi The staff argued that there was a defi agency with an adequate budget, which will tions and their captive business and resi ciency of $600,000 in the reserve set aside for truly place first the publlc interest. dential customers, utilities long have been depreciation, because the company used subject to public regulation. Metcalf is merely unrealistically low del)reclation schedules. [From the Boston (Mass.) Globe, Jan. 6, 1969) The staff said this resulted in book value of proposing that this theory be put into DPU OVERPoWERED BY COMPANIES, NEGLECTED practice. the property higher than it should be, giving an inflated rate base tor the company. The BY 8TATE--UTll.ITIES HAVE Too MUCH PULL, Too MUCH CASH [From the Des Moines (Iowa) Register, staff said the $600,000 should be subtracted Jan. 16, 1969) from the property value, that ls, the rate (By Richard J. Connolly) base. Is the Massachusetts consumer adequately IOWA OUTSPENT BY UTILlTlES IN RATE BATTLES SIDED WITH COMPANY protected by his Public Utllltles Department? (By John Millhone) The commission allowed this depreciation The question drew a smile from the career The out-gunned attempt by state agencies reserve deficiency, aJthough it urged the employee of the DPU. He had been around to regulate utlllty rates ls well 1llustrated company to correct it. long enough to know the answer. by the experience of the Iowa Commerce In a myriad of other decisions, involvlng "The companies," he said, "have too many Commission. (See accompanying editorial.) hundreds of thousands of dollars, the com resources and too much influence with the The Legislature in 1963 gave the commis mission also sided with the company. commissioners. sion regulatory authority over the rates As the case now stands, these decisions, "They all wears halos, although they are charged by privately-owned utllltles. Prior which if overturned would mean lower water green around the edges at times," he said of to that, rate regulation was left to munici bills for Davenport and Bettendorf business the utllitles. palities, which had had little success in mus and residential users, are not being chal The Massachusetts DPU, he explained, has tering the experts necessary to challenge lenged. neither the time nor resources to properly rate levels. The situation ls analogous to a basketball investigate the utllities, which prepare their In 1967, the Legislature increased the an game where the judgments of the referees cases with the consumers' dollars. nual advance to the commission's utilities are questioned. If a tape of the contest ls Few consumers have the time or con division from $350,000 to $450,000. The divl replayed and one side can challenge all the fidence to appear before the DPU to oppose sion is self-supporting, relying on end-of calls which went against it, so should the the utlllties. the-year assessments against the regulated other side. The magnitude of the electric industry ut111ties. But this annual advance limits the This Iowa experience shows the potential alone and the extent of the power failures in size of its yearly budget. value of the blll by Senator Lee Metcalf the past week or so should show the 1nab111ty The Legislature two years ago also author (Dem., Mont.) to modernize ut111ty rate of the DPU to keep close tabs on ut111ty ized the spending of $50,000 to hire outside regulation. The uniform disclosure provisions operations and delve into the cause of the consultants in the commission's first and of his b111 would greatly slmpllfy the t ask blackouts without relying on the reports of only major rate case. It challenged a rate of the Iowa commission. His proposed ut111ty the ut111ties. increase by the Davenport Water Co., a sub consumer counsels would assure that in rate The DPU's chief accountant, Harold F. sidiary of the huge American Water Works cases, the voice of the consumer is beard. Bertolucci, serves as a good example of the Co. lack of sufficient personnel and the dedica MAKING A START [From the Boston (Mass.) Globe, Jan. 8, tion of some DPU employees who are under Iowa 1s making only an encouraging start 1969) paid and overworked. He earns $11,752 an in an uph111 battle. The state thus far has nually, a figure he could double in private spent some $96,000 on the Davenport case, REGULATING THE REGULATOR industry. according to commission executive secretary The Massachusetts Department of PubUc A DPU employee for 22 years, he ls a E. B. Storey. The company's estimated cost Utlllties, by its manifest lnabllity to regu- registered public accountant, holds a Boston January 24, 1969 CONGRESSIONAL RECORD-SENATE 1769 University degree 1n accounting, a master's 1n checked. But, in the opinion of one DPU utilities. Their revenue approximates $40 both economics and law and is a member of official, the analysis of statistical data and billion annually. Therefore, the current the bar. comparisons are the exception. Not enough appropriation ceiling in the bill would be Bertolucci supervises the examination attention ls paid to the cost of a utility's and audit of accounting returns and operation. about $40 million. schedules filed by companies under the U.S. Sen. Lee Metcalf of Montana, long As can readily be seen, a. mere I-per DPU's jurisdiction. a critic of investor-owned utilities, which he cent reduction of the Federal Govern Among them: refers to as the "I.0 .U.'s", says that state ment's annual utility bill would save an Sixteen railroads, 10 street railways, six regulatory commissions are one of the most amount equal to the authorized appro phone companies, 26 gas firms, 14 electric important-yet most neglected-parts of priation of $40 million. companies, 2599 motor carriers of property, government. The principal beneficiaries of the bill, 816 security brokers and investment trusts, Metcalf has reminded state commissions 63 water companies, 78 motor bus lines, 40 that they must keep the public informed of however, would be the residential con municipal light plants, 530 regular route utility operations and must protect the con sumers and businesses which often have common carriers, 7013 irregular route com sumer who cannot purchase power, water or had no voice before the ratemaking mon carriers and 7422 interstate licensed telephone service 1n the open market. commissions. carriers. EXTRAVAGANCE? The bill would not apply to utilities He specializes in the systems of accounts "Commissions should probe into the finan that are owned or controlled by the cus used by all of those firms. He must be tomers they serve or by the public. Con familiar With administrative law and With cial figures of the utlllties to find where the the type o! equipment used by the utilities money goes, whether there ls extravagance, sumers ordinarily do not overcharge as well as their financing methods. whether the public ls overcharged, whether themselves. If a customer-owned system Bertolucci's duties are important to the the consumer's dollar is used for political did increase rates unduly the customers protection o! the consumer. He prepares purposes or endeavors which the consumer have remedies--change the management drafts of decisions and rulings issued by the does not favor." or the policies. These remedies are not DPU concerning fiscal and rate cases. Sen. Metcalf has said of some regulatory commissions: available to the customers of investor TWO EMPLOYEES "Responsible for the protection of the pub owned utilities. Nor would the bill apply With all this responsibllity and With a pri lic interest 1n many and diverse fields, but to the small investor-owned utilities. It mary function in the establishment of utllity lacking the staff and funds With which to would apply only to those IOU's with rate schedules. Bertoluccl has only two em exercise their responslblllty, some commis annual gross operating revenues of $1 ployees in his office-another accountant and sions are able to do little more than accept million or more. a woman who handles clerical work. and approve what ls put before them by the When the other man is in the field and hundreds of companies under their juris Four major points are covered by this the woman ls sick or on vacation, Bertoluccl diction. proposed legislation: must eat his lunch at his desk. He cannot "Thus most rate changes are initiated by 1 . UTILITY REPOaTING go out because nobody ls available to answer the utllitles and simply approved by the The computers and information stor the telephone. commissions, which are not equipped to in age and retrieval systems developed dur John W. Coughlin, who has been With the quire into the reasonableness of the DPU for nearly 20 years, ls director of the rates. . . . Consumers are paying dearly for ing recent years can vastly simplify and division of telephone and telegraph utllltles. the regulation that protects and benefits speed up what now are costly, time His task ls to direct the investigation of com the investor-owned utllltles at the expense consuming and cumbersome regulatory plaints about telephone and telegraph service of their regulated customers." proceedings. It is presently impossible, in and to examine equipment to make sure lt In the opinion of Sen. Metcalf, the elec most cases, to determine from public meets DPU requirements. tric consumer, for example, ls caught in a records who owns utilities, who works for His job requires a thorough knowledge of vicious circle. them, and where some of their money laws and regulations relating to telephone "He cannot obtain adequate rate reduc and telegraph services, of rate structures and tions because many regulatory commissions goes. o! the mechanical operation of telephone and do not have the staff nor inclination to re It is difficult to compare the perform telegraph equipment. duce rates, due to the political and propa ance of one utility with that of another. LACK OF YOUTH ganda activities of the utllltles, which are Utility accounting practices are "com designed to prevent adequate rate reduc pletely inadequate" and show "a greater Coughlin has no clerical help. He must tons," Metcalf said. write the division's letters. He must keep one lack of comparability than at any time inspector ln the office each day to answer the Past and present DPU commissioners in since 1933," aecording to a committee of telephone, handle complaints and assist With Massachusetts have not been especially ac the Investment Bankers Association. the office duties. tive on Beacon Hill in efforts to obtain more It is difficult, if not impossible, to eval DPU Chairman Helen P. Ross also lacks money, power, and staff to do a better Job. uate the degree to which power company clerical help. She shares a confidential secre Even lf they were, they would encounter stock option plans dilute equity of ordi tary With six other commissioners and two opposition, not openly, Of course, from the lawyers. On a recent night, Miss Ross wrote most powerful lobby on The Hill-that of nary stockholders and result in loss of 22 letters at home. the private utllltles. capital available to the utility. Staff and sufficient funds are needed. But By neglecting the DPU, by not giving it It is difficult, in some cases impossible, the biggest deficiency ls ln youth. Much of enough tax dollars to do an adequate job, to find out the size and makeup of a the personnel is a product of the depression by not demanding tip-top efficiency, the pub utility's rate base, upon which earnings years. They have talent but are aging. Of slx lic has cheated itself as a taxpayer and con and thus rates are based. This situation engineers, the youngest ls 53. sumer. is analogous to that of a taxpayer who The salary structure ls unattractive. Even UTlLITT CONSUMERS' COUNSEL ACT OF 1969 could not find out the assessed value of if young talent could be recruited (there ls no recruitment program) Civil Service pro Mr. METCALF. Mr. President, the his property. He would be indignant, and cedures discourage applicants. Utility Consumers' Counsel Act will not properly so. "It may take a whole year to fill a Job," work hardship on any utility. It is de Mr. President, the electric utility in one division head noted. signed to provide utility consumers the dustry portrays itself as strictly regulated "If you try to fill the job temporarily, tools with which to obtain fair rates. It and closely watched. "Big Brother-the you're liable to get a politician who ls worth will also provide an opportunity for sub Federal Government--keeps a steady eye less. If you get someone who can do a good stantial savings by the Federal Govern on the fishbowl called the electric utility Job, he can get bumped by a veteran or a disabled veteran," he said. ment, which is the largest consumer of industry," aecording to the January 22, "This department, like others in the state, utility services in the country, paying 1968, issue of Electrical World. The ls ln real trouble," he continued. "Talented annually a utility bill of some $4 billion. Southern Co., an electric utility holding young men and women a.re not coming into That is roughly one-tenth of the utilities' company, stated in its 1966 annual re state service because they can make more revenue. port that it and its subsidiaries "Are money ln private industry." The bill would authorize-in addition compelled to operate in a 'fish-bowl' Numbers are not t he only answer. Because to whatever relatively small additional with their every corporate activity sub of the complexit y of its task and the need ject to scrutiny by regulatory authori to regulate highly technical industries, the sums would be needed by the Federal DPU must have knowledgeable personnel. Power Commission and the Federal Com ties.'' Industrial News Review, a canned The Massachusetts DPU, like other state munications Commission-an annual ap editorial service financed in part by regulatory agencies, has failed to use data propriation equal to one-tenth of 1 per power companies, recently sent thou processing methods, unlike the utility firms cent-0.001--of the aggregate annual sands of newspapers a free editorial stat lt ls empowered to regulate. gross operating revenue of the major ing that "A power company lives in a gi Rate bases, income and rates of return are electric, gas, telephone, and telegraph gantic goldfish bowl, the size of the ter- 1770 CONGRESSIONAL RECORD- SENATE January 24, 1969 ritory it serves." A power company's from customers' payments-and appears on a depreciated original cost rate base. every act, continued the editorial "is sub to have included accumulated tax defer The purpose of this requirement is to ject to public observation and local, rals in the rate base as well. permit the Congress, regulators, and the State, or Federal regulation." The elec Obviously, any given rate of return on public to make meaningful comparisons tric utilities have claimed, in national a Mississippi-style rate base is going to on a standard basis. advertisements, that they "answer any produce substantially more revenue than The rate or return allowed by State question you may have quickly, without the same rate of return would produce utility commissions averages about 6 making a Federal case of it." I wish that on a Vermont or Nevada rate base. percent-6.14 percent in the case of elec were true. It is not true. There is no In some States regulators themselves, tric utilities, 6.32 percent in the case of truth-in-utility-advertising law and none as well as the public, have difficulty find gas utilities, 6.25 percent in the case of is here proposed, although a case could ing out the actual value of the rate base. telephone and water utilities, according be made for such legislation. The bill would require that the major to the State commissions' reports to the The bill would correct at least some of components of the rate base, and their Subcommittee on Intergovernmental Re the deficiencies in the utility reporting dollar value, be reported. The bill would lations that are summarized in Senate system, remove some of the opaque cov in no way diminish regulatory respon Document 56, 90th Congress, first ses ering on the fishbowls. It would, in sum, sibilities of the State commissions or in sion. Some of those State commissions simply require that the utilities do what crease regulatory responsibilities of Fed compute that rate of return on a fair they say they do about informing the eral Commissions in respect to rate base value rate base and include various items public and regulatory bodies about or any other matter. It would spread on in the rate base. But the majority of themselves. the public record some basic information those commissions use a depreciated 2 . FEDERAL COMMISSION REPORTING on which intelligent regulatory judg original cost rate base, as the Federal The bill would require the Federal ments can be based. As Commissioner commissions do . Power Commission and Federal Commu Carver of the Federal Power Commission It is also pertinent here to point out nications Commission to make readily has observed: that the Federal Power Commission, in available to the public, on at least an Firm regulation can succeed as well by granting hydroelectric power licenses, annual basis, various information about concentration on the components of the rate has long used a standard of 6-percent each electric, gas, telephone, and tele base as on control of profits. return on net investment. Although net graph utility. Some of the information is The makeup of a utility rate base is investment and depreciated original cost already reported by the utilities, but is especially important in that whenever an rate base are not identical they are not far apart. In Docket R-297, the FPC not conveniently available to the public. additional item is included in it, the rate concluded that the fair return on net Under this bill the Commissions would of return is decreased. If, for example, investment should be one and one-half be authorized to prescribe regulations a utility has a $1 billion rate base and times the weighted average embedded necessary to obtain the additional data. $96 million in net operating revenue cost of long-term debt, or 6 percent, The FPC has taken some good begin annually, the rate of return would be whichever is higher. This formula adds a ning steps in this regard. "Statistics of 9.6 percent. If a regulatory commission :flexibility that would benefit a utility Electric Utilities in the United States, can be persuaded that an additional $200 whose long-term debt costs are above the Privately Owned" includes the return on million should be included in the rate 4-percent average. common stock equity of each major base, bringing the total to $1.2 billion, electric utility. The average return on the $96 million in net operating revenue The bill would in no way change the common stock equity in 1967 was 12.8 would represent a rate of return of only earnings structure or the regulatory percent, having risen from about 7 per 8 percent. responsibilities. It would simply make cent prior to World War II, to 10 percent When a utility can get the rate base conveniently available information upon in the postwar period, to 11 percent in increased, and the rate of return there which sound regulatory judgments can 1960, and exceeding 12 percent, for the fore decreased, it can better argue that be based. first time, in 1965. its rates should not be decreased but, in Officers and directors of utilities who The bill would require reporting of deed, perhaps should be higher. are officers and directors of other corpo rations would have their corporate con information on the components of each The economic importance of rate base nections published annually, under the utility's rate base. The components of a components was illustrated by the FCC's terms of the bill. In this connection I am rate base are all important. Revenue, and September 14, 1967, modification of its reminded of a newspaper advertisement thus rates, are based on the value as July 5, 1967, decision in the American a few years ago by Guaranty Trust Co., signed the rate base. Telephone & Telegraph rate case. In of New York, on behalf of the investor In a majority of the States the method its July decision the FCC found that a owned electric utilities, attacking con of rate base valuation is the depreciated rate of return in the 7 to 7 .5 percent sumers of public power. The ad did not original cost of the plant. In about a range was reasonable for Bell's interstate mention that investor-owned companies dozen States the fair value of the rate operations. In its September modifica are among the principal consumers of base is used. In addition, in some States tion the FCC reaffirmed its finding that publicly generated power. The chair various other items are included in the a rate of return of 7 to 7.5 percent was man of the board of Guaranty Trust was rate bMe-accumulated tax deferrals, reasonable. However, the Commission also board chairman of Duke Power Co. allowance for working capital, construc decided that construction work in prog The bank's trustees included four offi tion work in progress, contributions in ress-amounting to $544 million-should cials of Consolidated Edison. One of the aid of construction, customers' advances, be included in the rate base. This modi bank's directors was an official of Public materials and supplies, plant acquisition, fication permits Bell to earn annually Service Electric & Gas. adjustments and plant held for future an additional $40 million. I believe information on such tieups use. I will cite one other example, from my should be readily available. I believe it In Vermont and Nevada, for example, own State of Montana. The State regu would help the Federal Power Commis the State commissions use the depreci latory commission, which is bound by sion enforce section 305(b) of the Fed ated original cost rate base. The only statute to the fair value rate base con other item included is an allowance for cept, reported to the Senate Intergov eral Power Act, which reads: It shall be unlawful for any person working capital, according to Senate ernmental Relations Subcommittee that to hold the position of officer or director of Document 56, "State Utility Commis Montana Power Co. had an allowed rate more than one publlc utillty or to hold the sions," issued in 1967 by the Senate Sub of return of 5.33 percent. Montana Power position of officer or director of a public committee on Intergovernmental Rela actually has a rate of return of 10.66 utllity and the position of officer or director tions. percent, on a depreciated original cost of any bank, trust company, banking asso In contrast, Mississippi, which uses the rate base, and a return on common stock ciation, or firm that ls authorized by law to equity of 16.4 percent, according to the underwrite or participate in the marketing fair value rate base, permits allowance of securities of a public utillty, or officer or for working capital, construction work Federal Power Commission. director of any company supplying electrical in progress, contributions in aid of con The bill would require annual publi equipment to such publlc utmty, unless the struction, customers' advances, and ma cation of the difference between what holding of such positions shall have been terial and supplies-although these each utility earns and what it would authorized by order of the Commission, upon amounts are reduced by accruals flowing have earned at a 6-percent rate of return due showing in form and manner prescribed January 24, 1969 CONGRESSIONAL RECORD- SENATE 1771 by the Commission, that neither public nor Commission and the Federal Communi depreciation, and expenses as rate base ele private interests will be adversely a!Iected cations Commission. Only two State com ments should be items o! controversy, sim thereby. missions, California and Wisconsin, make ply must pass over these Items for lack of The bill would require publication of significant use of automatic data proc experts who can challenge the company. information on utility stock option plans. essing in the regulatory process. Were The Oklahoma Corporation Commis Regulators and parties to rate cases the FPC and FCC truly to become data sion has been investigated by a State could thus receive some indication of the banks their information could be of con senate committee, following revelation amount of compensation realized by op siderable value to understaffed, inade of cash gifts by a gas utility to members tion beneficiaries. They could also de quately equipped State commissions. and staff of the commission. The Tulsa termine the extent to which additional I gather from the literature of the Tribune, commenting on the State in capital would have to be raised in order utility industries that the cost of devel vestigation, noted a disturbing paradox: to compensate for capital foregone oping comprehensive utility information The commission has awesome powers to through sale of stock to optionees at systems is surprisingly small, providing regulate transportation and utlllty rates, oll below-market prices. The information the systems are properly planned. I be and gas production; but it has extremely lim would be sufficient also for ordinary lieve the Federal commissions should ited means to obtain the information re stockholders to estimate how much their move ahead faster in development of quired for the just and equitable discharge equity has been diluted through exercise of these powers. their computerized systems. The bill Confronted with batteries of corporation of options by insiders. would authorize and direct the two com attorneys arguing for rate increases, the com The bill would provide for publication missions to make full use of automatic mission has had only the services of its un of the name and address of the benefi data processing, to the end that the in derpaid, political-patronage sta!I. cial owners of 1 percent or more of the formation upon which rate adjustments Ostensibly elected by the people-al stock in each utility. At present most can be made would be received in a though the voters rarely have shown any In utility stock is listed by street names; timely and understandable manner. terest in their selection-members of the that is, investment firms. In the ma Essential of course to sound regulation commission have had to rely tor campaign jority of electric utilities every single funds on those who have vested Interests in in this era is an integrated information decisions made by the commission. Yet this vote at the annual meetings and elec program in which the utility can readily commislon ls cast in the role of prol!ecutor, tions is cast by management, by proxY. respond to what the regulatory commis judge and jury in cases vitally a!Iecting the If a stockholder or group of stockholders sion asks, rather than simply report what ll!e of every Oklahoman. want to solicit votes for a nonmanage the utility wants told. In line with an In New York a "veil of secrecy"-in ment candidate for the board of direc nounced industry policy to answer any tors, or against a stock option plan, they question quickly a utility computer tape the words of the New York Times--was are stymied. They cannot find out who placed around the report on the Con ought not to stutter if asked by a com solidated Edison Co. that was made for the real owners are. mission machine to print out the com Certainly the real owners are not the the city by a private consultant. pany's owners, optionees or overcharge. Said the Times: home State folks whose pictures adorn 3. UTILITY CONSUMER COUNSEL utility advertisements, and whose total The long, dismal record of confrontations holdings are a tiny fraction of the total The bill establishes as an independent between the city and Con Ed shows that the outstanding stock. agency a U.S. Office of Utility Consum company has invariably been able to per Nor can a city or small company find ers' Counsel. He and his staff would suade the (New York Public Service) Com be empowered to represent the Federal mission that Its position ls the right one. out who controls a big utility which The P.S.C. has gone along with Con Ed seeks to purchMe their local powerplant. Government and the public before Fed mainly because It lacks the qualificationll or The experience of the city fathers of eral and State commissions and courts. the disposition to do anything else. Its tour Holyoke, Mass., in 1964, illustrates the The bill would transfer from the Gen members-all Republicans-are undistin problem. Holyoke Water Power Co., was eral Services Administration to the Office guished politicians who have been rewarded trying to buy their municipal electric of Utility Consumers' Counsel responsi for their loyalty and long years of party serv plant. City officials wanted to know who bility for procurement of electric, gas, ice. They have no special expertise in the they were dealing with. One investment telephone, and telegraph service from in field of rate regulation and they cannot cope vestor-owned corporations whose annual with the formidable and sophisticated ap firm said it held Holyoke Water Power peals for increases made by Con Ed. On a few stock for 12 clients, including one in revenues exceed $1 million. occasions they have found It politic to delay Switzerland, one in France, and a for The bill would make available to the action, but in the long run they have always eign bank. The firm would not provide States grants of up to 75 percent of the yielded. further details. Merrill Lynch, Pierce, cost of State Officers of Utility Consum ers' Counsel. This grant-in-aid pro A similar situation prevails in Arkan Fenner, & Smith, Inc., was less inform sas, according to the Blytheville Courier ative but more specific: gram would also be available to local jurisdictions or combinations of jurisdic News. Noting that the Arkansas Public Firm policy prevents us from divulging the tions with a total population of at least Service Commission has not had a rate names and addresses of clients for whom we case before it in over 10 years, it said: are holding securities. 100.000 persons. Mr. President, most of us are familiar This has been the old Arkansas way of Said Merrill Lynch: with the formidable presentations which doing things in relation to business In the The only way we may provide such infor utility companies can make before regu state: the industry to be regulated (and it mation is upon receipt of a duly authorized latory commissions, with their batteries does not begin and end with utlllties) has and executed court order, spelling out the the strongest h and in regulation. terms of the request. of experts who are paid for by the cus In short, the consumer in Arkansas has tomers through the rate structure. We not h ad the benefit of the protection due This provision of the bill is sharply are familiar too with the fact that the him under the law because of the obvious limited but of considerable importance. public viewpoint, the consumers' view political influence brought to bear in state It will provide, in addition to the bene point, is not adequately presented. government, as such government rela tes to fits previously mentioned, an opportu I have been impressed by the editorials regulation. nity to determine the extent to which on this point, in State after State, during In Massachusetts, a probe of utility control of the energy and communica the past 2 years. Here are excerpts from rates, suggested by the distinguished tions industries are concentrated or dif some of them: junior Senator from Massachusetts, Mr. fused. Said the Providence Journal: EDWARD KENNEDY, and the Massachu The entire regulatory system rests on Time and again, Rhode Island consumers sets Consumer Council, was heartily en the accounts. Our technology is now such have seen how impressively the utmty in dorsed by the Boston Herald-Travler, that the data on which utility regulation terests can mobilize its economists, engineers the Boston Morning Globe, the North is based, including the information which and accountants in a ma.l!slve presentation Adam Transcript, and the Malden News. would be obtained under this bill, can be of data to support a rate case. Too fre The Transcript noted that the Massa stored in data banks and readily printed quently, the public ut111ties administrator chusetts Department of Public Utilities has all he can do simply to understand a out for regulators, the Congress, the pub case, let alone to act as arbiter between did not seem interested in the investiga lic. Development of comprehensive com company and public interests. Too fre tion. The Herald-Traveler observ€d that puterized information systems are under quently, State administrators, knowing that a full rate case would be out of the ques way among utilities, the Federal Power company versions o! Its investment, Income, tion with the DPU's present staff, which CXV--113-Part 2 1772 CONGRESSIONAL RECORD- SENATE January 24, 1969 included but three accountants assigned seminars for professors at the Founda ests of the Federal Government and the to checking the accuracy of financial tion for Economic Education at Irving consumers of the Nation before Federal statements filed by all the electric, gas, ton-on-Hudson in New York, or at the and State regulatory agencies with re railway, bus, telephone, and telegraph Institute of Public Utilities at Michigan spect to matters pertaining to certain companies in the State. State University. electric, gas, telephone, and telegraph The common thread of editorial com The Federal Government has all kinds utilities; to amend section 201 of the ment, except for that flowing from of pamphlets and booklets designed to Federal Property and Administrative canned editorial factories financed by inform consumers about everything ex Services Act pertaining to proceedings the utilities themselves, is that most cept of their largest expenses of all, util before Federal and State regulatory State utility commissions are not doing ity bills. Consumer Information, pub agencies; to provide grants and other their assigned job of protecting the pub lished by the Superintendent of Docu Federal assistance to State and local lic interest. In some cases they do not ments, lists hundreds of publications governments for the establishment and appear enthusiastic about doing their available to the wise consumer. Only operation of utility consumers' counsels; job. In other cases, they are simply not one-Typical Electric Bills-lists any to provide Federal grants to universities equipped to do it, having been given utility charges, and it includes nothing and other nonprofit organizations for much to do by the State legislatures, and at all about how the regulatory system the study and collection of information little to do with. works. Uncle Sam's consumer informa relating to utility consumer matters; One of the three States that has a tion program is as devoid of practical as to improve methods for obtaining and utility consumers' counsel is Maryland. sistance for utility consumers as was the disseminating information with respect There, in 1963, the counsel to the public otherwise admirable Department of to the operations of utility companies service commission resigned after trying Agriculture Yearbook in 1965, "Consum of interest to the Federal Government to regulate more than 200 utilities with ers All." and other consumers; and for other pur a small budget and a staff dwarfed by I have seen a rather chilling movie, poses, introduced by Mr. METCALF (for row upon row of experts retained by the prepared by the power companies and fi himself and other Senators) , was re utilities. In 1967, the chairman of the nanced unknowingly by their customers, ceived, read twice by its title, referred to Maryland Public Service Commission which purports to show how we in Con the Committee on Government Opera termed the office of people's counsel, gress are stifling the utilities by voting a tions, and ordered to be printed in the which is what the office is called there, little money for Rural Electrification RECORD, as follows: "absolutely indispensable to the success Administration loans. I have never seen s. 607 ful operation of the public service com or heard, though, of any movie or visual Be i t enacted by the Senate and House of mission law." presentation which explains how the Representatives of the Uni ted States of Under the terms of our bill a grant for regulatory system actually works. America in Congress assembled, That this Act may be cited as the "Intergovernmental an Office of Utility Consumers' Counsel Therefore, it is my hope that through Utllity Consumers' Counsel Act of 1969." could go to a State regulatory commis this bill universities and scholars can sion such as Maryland's. If, for some rea be encouraged to inquire into the state DEFINTl'IONS son, the regulatory commission in a State of the art of regulation. Remarkable SEc. 2. AB used in this Act-- {a) The term "Federal agency" means any did not want to be associated with the changes are underway in both the com department, agency, or instrumentality, In Utility Consumers' Counsel, another munications and energy fields. The cost cluding any wholly owned Government cor agency of the State, perhaps the attorney of moving a telephone message by high poration, of the executive branch of Gov general's office could apply for the grant. capacity microwave relay towers is 1 per ernment. If State officials decided not to partici cent of the cost, 30 years ago, of moving {b) The term "State" means any State of pate in the program, or if there was in the message by conventional telephone the United States, any territory or possession terest in action before the legislature line. Average costs of electricity per kilo of the United States, the District of Colum bia, the Commonwealth of Puerto Rico or next convenes, local government or gov watt-hour are trending steadily down political subdivision, department, agency or ernment.s could apply for a grant, as long ward. During the past 10 years electric instrumentality of any of them, but does not as the application represented at least utilities, despite increasing profits, have include the Panama Canal Zone. 100,000 persons. And in any event, the had to collect less and less, in proportion {c) The term "ut111ty" means any privately U.S. Office of Utility Consumers' Counsel to their earnings, for the Federal Gov owned corporation (other than a cooperative) would be authorized to appear before ernment. As a percentage of revenue, which ( 1) provides electric, gas, telephone, commissions and courts, Federal and Federal tax collections by power com or telegraph service to the public, (2) has an annual gross operating revenue in excess of State, on behalf of the public as well as panies decreased from 14.7 percent in $1 ,000,000, and (3) ls a public utll!ty as the Federal Government. 1955 to 11.7 percent in 1965. The field defined in part n of the Federal Power Act, -&. GRANTS FOR STUDIES OF UTILrrY REGULATION for fruitful and needed research and a natural gas company as defined in the Nat study is broad. ural. Gas Act, or a common carrier as defined The bill authorizes grants to universi Large utility companies have more in the Communications Act of 1934. ties and nonprofit organizations for political power than the Governor and (d) The term "utility service" means any studies of utility regulation. The bill di legislature together in some States. The service provided for the public by a utll!ty. rects the Utility Consumers' Counsel to overcharges will continue, and will grow, TITLE I-UTILITY CONSUMERS' COUNSEL prepare model utility laws. Studies of unless national attention is focused on ESTABLISHMENT OF OFFICE regulatory laws leading to preparation of the problem and unless a program for re SEC. 101. {a) There is hereby established the model laws could be made through moval of the overcharges is developed. within the executive branch of the Govern the grants to universities and nonprofit In my view the Intergovernmental ment an independent agency to be known organizations. Utility Consumers' Act provides a logical as the United States Office of Ut111ty Con These sections of the bill are designed framework for removing overcharges and sumers' Counsel (referred to hereinafter as to provide funds with no strings at the "Office"). The Office shall be headed by modernizing regulation. I commend the a Consumers' Counsel (refeITed to herein tached for needed studies of regulatory bill to my colleagues on both sides of the after as the "Counsel") , who shall be ap matters. From the time that Samuel In aisle, to my former colleagues in the pointed for a term of five years by the Pres sull helped the Illinois Legislature write House of Representatives, and to the ad ident, by and with the advice and consent utility laws early in this century until minlstration . of the Senate, and who shall receive com modem-day utilities helped the Iowa Mr. President, I ask unanimous con pensation at the rate provided for level two Legislature write utility laws in 1963, the sent that the text of the bill be printed of the Executive Schedule. regulated industries have been much (b) The Counsel may- in the RECORD. (1) promulgate such rules and regulations more concerned with utility legislation The VICE PRESIDENT. The b1ll will as may be required tc carry out the func than the public has. No major founda be received and appropriately referred; tions of the Office; and tion, and to the best of my knowledge no and, without objection, the bill will be (2) delegate to any other officer or em minor foundation, supports studies of printed in the RECORD. ployee of the Office authority for the per utility regulation. What little academic formance of any duty imposed, or the exer The bill 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 United States Senate, Oct. 30 and 31, view. is, rather, a call for wise Potomac plan 1967. With the establishment last year of a ning that would keep the lifeline of the u See the text of art. V quoted in note 1 national wild and scenic rivers system, Potomac riverscape a permanent central supra. however, the Congress acted to rectify asset on which surrounding communities LI U.S. BUREAU OF ROLLS AND LmRARY, Docu this long neglect and to strike a balance can depend to keep the valley a good and MENTARY HISTORY OF THE CONSTrrUTION OF in this country between the harnessing pleasant place to work and live. Already THE UNITED STATES OF AMERICA V, 141, 143, quottng Madison's letter to Mr. Eve, dated of rivers for our material wants and the the attractions of the river--even a river Jan. 2, 1789. preservation of values which can serve view-are so sought after that Washing "263 U.S. 221 (1920). spiritual and recreational needs. In addi ton apartments affording a view of the u1d. at 229. tion, certain rivers of special importance waterfront cost thousands of dollars "3U.S. (3Dall.) 378 (1798). have been proposed or, like the Ozark more than equally comfortable quarters 11 Coleman v. Mlller, 307 U.S. 433, 448-49 National Scenic Riverways in Missouri, on the opposite side of the same building. (1939). established as part of the national park Already, the Federal Government has 18 Dillon v. Gloss, 256 U.S. 368 (1921). system. The Allagash in Maine was estab gone to great effort and expense through lished as a State wilderness waterway; easements to preserve the Potomac river S. 624-INTRODUCTION OF A BILL indeed, many States are now moving for scape as a permanent public asset for the TO PROVIDE FOR THE ESTAB ward with their own scenic rivers studies Washington area. Without planning and LISHMENT OF THE POTOMAC NA and protection progam. protection that anticipate area growth TIONAL RIVER IN THE STATES OF Of all the streams in America that and recreational demands, the entire MARYLAND, VIRGINIA, AND WEST are of national significance, the one most riverscape will be consumed and scarred VIRGINIA, AND FOR OTHER PUR truly deservbg of the title, "The Na as, in fact, is already happening. POSES tion's River," is our Potomac, flowing The Potomac, though it be of national past the National Capital. Much of the significance, is not suggested as a uni Mr. JACKSON. Mr. President, I in spectrum of American tradition and his lateral Federal undertaking, but rather troduce for appropriate reference, on be tory, past and current, is associated with a cooperative venture, with the States, half of myself, Mr. TYDINGS, and Mr. its valley. It is one of the most beautiful counties, and municipalities along the NELSON, a bill to provide for the estab major rivers in the East and more than river taking as large a role as possible in lishment of the Potomac National River 90 percent of its banks are still forested the acquisition and adlpinistration of in the States of Maryland, Virginia, and or farmed. The variety of the river's en riverside lands for conservation and West Virginia. vironment and its location near the ma recreational purpooes. The national river This bill was originally introduced in jor eastern magalopolis give it enormous proposal is thoroughly compatible both the second session of the 90th Congress potential for outdoor recreation in an with the letter and the spirit of the Po as S. 3157, but received no hearings. urbanizing region where recreational op Mr. President, the great civilizations portunities are sorely needed. The anal tomac River Basin compact proposal of the world have grown up under the in ogy has been aptly drawn that the Poto soon to be considered by State legisla fluence of major rivers. The early per mac can be the Rock Creek P&.rk of the tures in the basin and then by the Con manent settlements on our own conti magalopolis that will soon spread across gress. That proposed compact recognizes nent were situated near the estuaries this part of the Nation. The river is now the interdependence of water and related of our rivers and the earliest efforts of within easy reach of more than 8 Inillion land resources and the need to coordi- January 24, 1969 CONGRESSIONAL RECORD- SENATE 1791 nate and regulate the use of both for bends, tributary confluences, places of access to the river for water and other a wholesome total environment. Com exceptional historic or natural value, and utility purposes, so that scenic beauty, pact deliberations will take a long time, other sites important for recreation, ad recreation and economic development and time is running out for insuring the ditional lands would be acquired for pro can successfully coexist in the Potomac Potomac scenery, recreation, and orderly tection and appropriate development. Valley. It must regpect the variety of development. Included in the national river, but recreational resources along the river We must act now if the integrity and with its integrity preserved and struc which make this opportunity such an ex usefulness of these resources are to be tures restored, would be the existing citing and important one. freed from jeopardy. Chesapeake and Ohio Canal, now a na A Potomac National River can be to Moreover, it can serve as a model for tional monument and the principal his millions of Americans--those who live safeguarding other important river re toric feature along the Potomac. The along it or in neighboring cities, and sources throughout the Nation. canal towPath as well as a riverside those who visit it from afar--a. vacation Heretofore, conservation efforts along route in Virginia are recommended to place, a. classroom for environmental un the Potomac have been limited and piece become part of the proposed Potomac derstanding and wise community plan meal, although historically, they began Heritage Trail. Also, portions of two ning, an avenue of serene natural beauty, long ago. The first meeting to discuss proposed parkways--the Allegheny and a walkway through American history. It and plan for the Potomac was convened George Washington Country Parkways- can help to establish the principle that at Mount Vernon by George Washington. could be accommodated within the ex our outstanding riverscapes a.re not In the original Dapital City design by terior boundaries suggested for the na merely real estate to exploit but, rather, Pierre L'Enfant, he recognized the need tional river. natural resources for generations to en for the preservation of scenic beauty, In all, the proposed Potomac National joy under wise trusteeship. What we do and other open spaces as a prerequisite River would comprise approximately for the Potomac, good or bad, success rather than an afterthought of good en 67,000 acres of land, nearly 11,000 acres fully or otherwise, will influence the Na virolll!.Lental planning. of which are already in public owner tion's treatment of rivers elsewhere, ulti The recently completed Potomac study ship. It is estimated that at least a fourth mately conserving or impoverishing our and its recommended establishment as of the privately owned land in the pro American environment. a national river have greatly broadened posal could be preserved by means of For the basin's present inhabitants thls the concepts for Potomac planning, con less-than-fee interests in the land handsome river with its varied and wooded servation, and development; and our scenic easements and the like. Much shores Is a great blessing- vision of what a riverscape, protected other land recommended for purchase An interim report pointed out during and developed as a permanent scenic and could be leased back under appropriate the Potomac studY- recreational asset, can mean to the Na controls for private uses. These ap Future Inhabitants will have been badly tion, and do for the future of this re proaches to Potomac conservation, plus cheated It it does not remain the same. gion. We see now that the need is far the liberal use of life tenancy agreements larger, the opportunity far greater than and special efforts to perpetuate and en PROVISIONS OF THE BILL preserving a historic canal alone, courage the agricultural uses traditional The proposed Potomac National River though that is a principal historic re along the Potomac, should do much to will include approximately 67,000 acres source, protection and restoration of allay fears that national river establish of land bordering the river from the which is of high priority in national river ment might disrupt present patterns of National Capital Park lands in the Dis administration. We see that we cannot life in the valley. trict of Columbia and Arlington County, address ourselves merely to the protec The river would provide the setting Va., to Cumberland, Md., a distance of tion of one bank, but must regard the for wholesome and attractive growth 195 miles. The bill provides that the total riverscape as a unity if it is to re in the Potomac Valley. When fully de Secretary of the Interior may acquire tain its charm and beauty and serve the veloped, there would be some 57 public lands, waters and interests, including people adequately. use centers along the river, including scenic easements, by donation, purchase Furthermore, we should adopt conser scores of natural and · historical sites, with donated or appropriated funds, or vation measures for the Potomac which numerous boat laur.ching points, hun exchange. can best serve the overall planning ob dreds of miles of foot and bridle trails, as This land will be devoted to a variety jectives and life styles of the Potomac well as picnicking and camping facilities of recreational uses including fishing Valley. That is why a national river, in for many thousands of people--those and hunting (in suitable areas) without reality a type of national recreation area, who arrive by automobile or public con excluding the compatible use of the river is suggested rather than the more re veyance, and those traveling up and by industry and commerce. The lands strictive policies of land management down the river by trail or canoe. within the Chesapeake and Ohio Canal which park status connotes. Even the Private businesses would provide most National Monument and other 'Vital recently enacted legislation to establish lodging, food and other essential serv riverside lands and islands will be man a National System of Wild and Scenic ices, either outside the national river or aged as part of the Potomac National Rivers would not suffice in providing for on private lands within it. Interpretive River. the large scale recreation needs and and educational programs would imag The concept of the Potomac National multiuse anticipated a.long the Nation's River, as reflected in the enclosed bill, rivers. inatively attempt to convey an under stresses the need for close cooperation The national river concept includes standing of the river's character and among Federal, State, and local govern joint action by all levels of government. history. In fact, the Potomac is en ments, and private organizations and in With its use of scenic easements and visioned as a major resource with which dividuals. The Secretary of the Interior other less-than-fee ownership of land, to build meaningful environmental edu will assist and encourage these bodies it also involves the private sector in cation programs and centers with the in adopting and enforcing adequate mas residential, commercial, and even indus aid of State and county school systems. ter plans and zoning ordinances which trial development in and adjoining the In its treatment of the riverscape and will promote the use and development of national river lands, under controls that in the design of facilities, the national private property within and adjacent to would assure access to the river but keep river would serve to demonstrate how the proposed national river for recrea developments in harmony with natural, residential, commercial, and industrial tional uses. Funds allocated to the State historical, and recreational values. Man development in the basin can proceed in under the amended Land and Water agement as a recreation area also will harmony with the processes and amen Conservation Fund Act of 1968 shall be assure the greatest flexibility in pro ities of nature, perpetuating them for available for such planning, acquisition, viding for all types of outdoor recreation continuing enjoyment rather than con and development. appropriate to the river area., including suming them for the exigencies of the The proposal recognizes the desire of hunting, a cherished tradition in the moment. some established residents to continue to valley. The national river establishment must live within the national river boundaries For much of the length of this na of course insure the integrity of the his for a period of time. Except for property tional river, only a narrow band of river toric c. & O. Canal. It must be phased so that the Secretary determines is neces side land and islands need be purchased as to complement and not disrupt the sary for administration and preservation outright. At key locations, such as river lives of present residents. It must assure purposes and for public use, the proposal 1792 CONGRESSIONAL RECORD- SENATE January 24, 1969 permits any owners of improved prop appointed by the President from among Nevada (Mr. CANNON) and the Senator erty acquired by the Secretary to retain, persons having outstanding knowledge from New York (Mr. JAVITS) be added as a condition to such acquisition, a and experience in the fields of natural as cosponsors of the bill CS. 406) a bill right of use and occupancy for noncom and historical resource preservation and to amend the Federal Property and Ad mercial residential purposes or for agri public recreation. ministrative Services Act. cultural purposes, for a life term or for a The national park concept is a unique The VICE PRESIDENT. Without ob fixed term of not more than 25 years. American contribution to world culture. jection, it is so ordered. The bill provides that, except as specifi Since the establishment of the first na Mr. SCOTT. Mr. President, I ask cally authorized by the Congress, the tional park at Yellowstone, the United unanimous consent that, at its next Federal Power Commission shall not au States has developed a national park sys printing, the name of the distinguished thorize the construction, operation, or tem which comprises 258 separate areas junior Senator from California (Mr. maintenance within the Potomac Na and which constitutes a vast repository CRANSTON) be added as a cosponsor of tional River of any dam or other project of our natural and historical heritage. the bill (S. 503) to provide for meeting works under the Federal Power Act. Following our lead, some 80 nations of the manpower needs of the Armed The proposal would establish a nine the world have likewise developed their Forces of the United States. member advisory commission composed own national park systems. The VICE PRESIDENT. Without ob of representatives of the three affected We believe therefore, it is appropriate jection, it is so ordered. States and the District of Columbia, and to designate the lOOth year following the Mr. GOLDWATER. Mr. President, I one member appointed by the Secretary establishment of Yellowstone National ask unanimous consent that, at its next from the general public. The Commission Park as "National Park Centennial printing, the name of the Senator from would be temporary and would termi Year." Since 1872 was also the beginning Nevada (Mr. CANNON) be added as a co nate 10 years after the date of enactment of a worldwide movement for national sponsor of the joint resolution (S.J. Res. of the bill or upon the establishment of parks, we believe it is fitting that repre 28) providing for renaming the cer.tral a more permanent body by or with the sentatives of other nations be invited to Arizona project as the Carl Hayden approval of Congress. The interim com participate in the National Park Cen project. mission would advise the Secretary on tennial. The appropriate vehicle for Mr. BIBLE. Mr. President, will the the development of the national river. bringing together the knowledge and ex Senator yield? Land acquisition costs for the national perience of all nations in this field would Mr. GOLDWATER. I yield. river are expected to be $65.5 million be, in our opinion, a World Conference Mr. BIBLE. I think I am already on based on a 1967 appraisal. on National Parks, to be held at Yellow that particular measure. If not, will the The VICE PRESIDENT. The bill will stone and Grand Teton National Parks Senator ask unanimous consent that my be received and appropriately referred. in 1972. name be added as a cosponsor? The bill CS. 624) to establish the Po The Special Commission to be estab Mr. GOLDWATER. Mr. President, I tomac National River in the States of lished under the joint resolution will pre ask unanimous consent to add the name Maryland, Virginia, and West Virginia, pare and execute the plans for the com of the Senator from Nevada as a cospon and for other purposes, introduced by memoration of the lOOth anniversary of sor, if necessary, but I think he is already Mr. JACKSON Cfor himself and other Sen the establishment of the world's first na onit. ators> , was received, read twice by its tional park, and will provide host serv The VICE PRESIDENT. Without ob title, and referred to the Committee on ices for the World Conference on Na jection, it is so ordered. Interior and Insular Affairs. tional Parks in 1972. In carrying out its Mr. BYRD of West Virginia. Mr. Presi functions, we expect that the commission dent, I ask unanimous consent that, at will develop and maintain special ex its next printing, the name of the Sena SENATE JOINT RESOLUTION 29- hibitions on the national park system tor from South Carolina CMr. THUR JOINT RF.sOLUTION RELATING TO throughout the Nation, undertake im MOND) be added as a cosponsor of the COMMEMORATION OF THE lOOTH portant studies of the system for publi joint resolution CS.J. Res. 2), proposing ANNIVERSARY OF THE ESTAB cation and distribution to schools and an amendment to the Constitution of the LISHMENT OF YELLOWSTONE NA libraries, and encourage the develop United States providing for the election TIONAL PARK ment of nationwide and worldwide edu of President and Vice President. Mr. BIBLE. Mr. President, on behalf cational programs to promote the na The VICE PRESIDENT. Without ob of myself and Senators JACKSON, ANDER tional park concept. jection, it is so ordered. SON, JORDAN of Idaho, Moss, BURDICK, Mr. President, I ask that the measure NELSON, McGoVERN, ALLOTT, METCALF, be referred to the appropriate com STEVENS, CHURCH, HANSEN, and FANNIN, mittee. SENATE CONCURRENT RESOLUTION I introduce a joint resolution authoriz The VICE PRESIDENT. The joint res 4-CONCURRENT RESOLUTION TO ing the Secretary of the Interior to pro olution will be received and appropriate PREVENT TERMINATION OF FED vide for the commemoration of the lOOth ly referred. ERAL FUNDS DURING SCHOOL anniversary of the establishment of Yel The joint resolution CS. J. Res. 29) au YEAR lowstone National Park, and for other thorizing the Secretary of the Interior Mr. ERVIN. Mr. President, on behalf purposes. to provide for the commemoration of the of myself and Senator JORDAN of North By the act of March 1, 1872 <17 Stat. lOOth anniversary of the establishment Carolina, I submit today a concurrent 32), the Congress established the first of Yellowstone National Park, and for resolution setting forth the sense of Con national park in the world-Yellow other purposes, introduced by Mr. BmLE gress that no school funds administered stone. The national park concept origi Cfor himself and other Senators>, was by the Commissioner of Education shall nated in this act which recognized the received, read twice by its title, and re be terminated under the authority of need to preserve public land of great ferred to the Committee on the Judiciary. title VI of the 1964 Civil Rights Act after natural beauty and wonderment in per Mr. BIBLE. Mr. President, I ask unani the beginning of the school year. petuity for the enjoyment of future mous consent to add the names of the In order to avoid a great hardship to generations. distinguished majority leader (Mr. MANS children of both races, Mr. President, the To commemorate the lOOth anni FIELD) and the distinguished senior Sen Department of Health, Education, and versary of the beginning of the national ator from Florida (Mr. HOLLAND) as co Welfare should be prohibited from ter park movement, the resolution requests sponsors. minating school funds in the middle of the President to issue a proclamation The VICE PRESIDENT. Without ob the school year. Great hardships result designating 1972 as "National Park Cen jection, it is so ordered. to school districts when their Federal tennial Year." To plan the centennial funds are terminated after teachers have activities, the joint resolution establishes been hired and programs instituted in ADDITIONAL COSPONSORS OF BILLS reliance on the receipt of Federal funds a 15-member special commission, com AND JOINT RESOLUTIONS posed of four Members from the Senate, for the entire year. The school lunch four Members from the House of Rep Mr. PROXMIRE. Mr. President, I ask programs often have to be abolished and resentatives, the Secretary of the Inte unanimous consent that, at its next many teachers and school employees rior, and six nongovernmental members printing, the names of the Senator from have to be released and programs January 24, 1969 CONGRESSIONAL RECORD- SENATE 1793 stopped. There is no doubt that the ter fact, I was a sponsor of Senate Resolu SENATE RESOLUTION 59-RESOLU mination of these Federal funds during tion 8 during the 90th Congress, a reso TION TO PROVIDE ADDITIONAL the school year have a tremendous im lution which never reached the floor for FUNDS FOR THE COMMITTEE ON pact upon the entire local community. consideration. The measure I am now AERONAUTICAL AND SPACE SCI We hope that Congress will agree with introducing is identical to the previous ENCES-REPORT OF A COMMIT us that it is much better to terminate resolution. TEE the funds at the end of the school year, Such a proposal has had the support Mr. ANDERSON, from the Committee thus allowing the summer months for of every major veterans' organization, on Aeronautical and Space Sciences, re negotiations with the Department of and its adoption would create no great ported an original resolution CS. Res. 59) ; Health, Education, and Welfare, prior to problems. As chairman of the Human which was referred to the Committee on the absolute cutoff of funds before the Needs Subcommittee of the 1968 Republi Rules and Administration, as follows: fall term. can Platform Committee, I received I ask unanimous consent that my pro testimony from, among others, William S. RES. 59 posed concurrent resolution be appropri E. Galbraith, the then National Com Resolved, That the Committee on Aeronau tical and Space Sciences, or any duly au ately referred and that a copy of it be mander of the American Legion, who thorized S'Ubcommittee thereo!, ls aut horized printed at this point in the body of the urged the passage of this measure. Com under sections 134 (a.) and 136 o! the Legis RECORD. mander Galbraith said that the creation lative Reorganization Act o! 1946, a.s The VICE PRESIDENT. The concur of such a committee ''would insure that amended, a.nd in accordance with its juris rent resolution will be received and ap all veterans' legislation in the Senate diction specified by rule XXV of the Stand propriately referred; and, under the rule, received expert and prompt attention." ing Rules o! the Senate, t.o examine, investi the concurrent resolution will be printed I heartily concur with that opinion, and gate, and make a. complete study o! a.ny in a.nd a.ll matters pertaining to the a.erona.utica.l the RECORD. I urge my fellow Senators to act swiftly a.nd space activities o! departments and The concurrent resolution CS. Con. and favorably on this proposal. agencies o! the United States, including such Res. 4) was referred to the Committee on The VICE PRESIDENT. The resolu activities peculiar to or primarily associated Labor and Public Welfare, as follows: tion will be received and appropriately with the development of weapons systems S. CoN. RES. 4 referred; and, under the rule, the resolu or military operations. Resolved by the Senate (the House of tion will be printed in the RECORD. SEC. 2. (a.) For the purposes of this reso Representatives concurring), That it is the The resolution CS. Res. 58) was re lution the committee is authorized, from Feb sense o! the Congress that in a.ny case in ferred to the Committee on Rules and ruary 1, 1969, through January 31, 1970, in which a State or local educational agency clusive, to (1) make such expenditures a.s Administration, as follows: it deems advisable, (2) employ upon a. tem has filed an application !or financial assist S. RES. 68 ance !or elementary or secondary education porary basis and fix the compensation o! for any fiscal year under the provisions o! Resolved, That rule XXV o! the Standing technical, clerical, and other assistants a.nd any Act administered by the Commissioner Rules of the Senate (relating t.o standing consultants, and (3) with the prior consent o! Education, the Commissioner shall not, committees) is a.mended by- of the head o! the department or agency o! a.!ter the beginning in such fiscal yea.r o! (1) striking out subparagra.phs 10 through the Government concerned and the Com such agency's school year, terminate or refuse 13 in para.graph (h) of section (1); mittee on Rules and Administration, utilize t.o grant such assistance under the authority (2) striking out subpa.ra.graphs 16 thrOugh the reimbursable services, information, facll1- or title VI or the Civil Rights Act or 1964. 19 in paragraph (1), section (1); and ties, and personnel o! a.ny department or (3) inserting in section (1) a.rter para agency o! the Government. graph (p) the !ollowing new paragraph: (b) The minority is authorized t.o select ADDITIONAL COSPONSORS OF CON "(q) Committee on Veterans• Afl'a.irs, t.o one person for appointment a.s a.n assistant consist or nine Senat.ors, t.o which committee or consultant, and the person so selected CURRENT RESOLUTION shall be re!erred a.11 proposed legislation, shall be appointed. No assistant or con Mr. PEARSON. Mr. President, I ask messages, petitions, memorials, a.nd other sultant may receive compensation a.t an an unanimous consent that, at its next matters relating t.o the !ollowing subjects: nual gross rate which exceeds by more than printing, the names of the distinguished "1. Veterans' measures, genera.Uy. $2,400 the a.nnua.l gross rate of compensation (Mr. "2. Pensions or all the wars o! the United of any person so selected by the minority. Senator from Texas YARBOROUGH). States, general a.nd special. SEC. 3. The committee shall report its find (Mr. the Senator from New Hampshire "3. Lite insurance issued by the Govern ings, t.ogether with its recommendations !or McINTYRE) , and the Senator from Okla ment on account o! service in the Armed such Iegisla.tlon a.s it deems advisable, t.o the homa (Mr. HARRIS) be added as cospon Forces. Senate at the earliest practicable date, but sors of the concurrent resolution (S. Con. "4. Compensation o! veterans. not later than January 31, 1970. Res. 3), relating to the furnishing of re "6. Vocational reha.bUitation and educa SEc. 4. Expenses o! the committee under lief assistance to persons affected by the tion of veterans. this resolution, which shall not exceed $40,- Nigerian civil war. "6. Veterans' hospitals, medical ca.re, and 000, she.ll be paid from the contingent !und treatment o! veterans. or the Senate upon vouchers approved by The VICE PRESIDENT. Without ob the chairman o! the committee. jection, it is so ordered. "7. Soldiers' and sailors' civil relier. "8. Readjustment o! servicemen t.o civil li!e." SENATE RESOLUTION 58-RESOLU SEC. 2. Section 4 o! rule XXV o! the Stand S. 467-COAL MINE HEALTH ACT, IN TION TO CREA TE A STANDING ing Rules o! the Senate is a.mended by strik TRODUCED BY SENATOR RAN COM:MITTEE ON VETERANS' AF ing out "and Committee on Aeronautical a.nd DOLPH AT UNITED MINE WORK Space Sciences" a.nd inserting in lieu thereof FAIRS-FOR THE VETERANS' "Committee on Aeronautical and Space Sci ERS' REQUEST ADMINISTRATION ences; and Committee on Veterans' Afl'airs". Mr. RANDOLPH. Mr. President, this Mr. SCOTT. Mr. President, for too SEC. 3. Section 6(a.) of rule XVI o! the is to refute those critics of the United many years now, proposed legislation Standing Rules o! the Senate (relating t.o Mine Workers of America and of the the designation of ex officio members or the affecting this Nation's veterans has been Committee on Appropriations), is amended leadership of that international union subject to constant shuffling among by adding a.t the end or the tabulation con critics who falsely claim that the men various subcommittees of several Senate tained therein the !ollowing new item: who work in the coal mines lack for ade committees. This is a haphazard method "Committee on Veterans' Afl'a.irs ____ For the quate union attention to their health of dealing with measures vital to the Veterans' Administration." and safety needs. They are in error. His well-being of our veterans. It is about SEC. 4. The Committee on Veterans' Afl'a.irs tory will not support such allegations; time that we faced up to the many prob shall a.s promptly as !ea.sible a.!ter its ap neither will current events. lems inherent in the present system of pointment a.nd organization confer with the On January 16, 1969, I introduced S. handling veterans' proposals and adopted Committee on Finance and the Committee 355, the Bureau of Mines legislative pro a new way to deal more effectively with on Labor a.nd Public Welfare for the pur posals to improve the health and safety them. pose o! determining what disposition should conditions of persons working in the coal be made or proposed legislation, messages, mining industry of the United States. I Therefore, I submit for appropriate petitions, memorials, and other matters reference a resolution to create a stand theretofore previously re!erred to the Com introduced those legislative proposals in ing Senate Committee on Veterans' Af mittee on Finance and the Committee on three titles-the first relating to admin fairs. This proposal is neither new nor Labor and Public Welfare, which a.re within istration and penalties, the second to coal revolutionary. It has been brought before the jurisdiction o! the Committee on Vet mine safety, and the third embracing the Senate many times in the past. In erans• Affairs. provisions for interim health standards 1794 CONGRESSIONAL RECORD- SENATE January 24, 1969 for underground mines. At the time of that petition. There was opposition to distinguished citizens, under the chair introduction, I expressed the view that our achieving the required number. manship of H. Rowan Gaither, Jr., with separate bills, rather than separate titles It has always been my experience in Mr. Foster as cochairman. Their task of a single bill, might have been prefer working with UMW A officials in this was to review all the information avail able to deal with coal mine safety and legislative area to know that they, like able to determine as closely as possible occupational health. This view has since all of us, must keep in mind the coal the dimensions of the Communist bloc's been supported informally by represen miners• payrolls as well as their health capability to launch an attack on Amer tatives of coal industry management and and safety. ica, and the ability of America to deter of the United Mine Workers. Closing coal mines and destroying or withstand an attack. The panel be In fact, the president of the UMWA, payrolls constitute the easy way to clear came known as the "Gaither Panel," and W. A. "Tony" Boyle, and his legislative away problems of safety and those re Bill Foster's involvement as cochairman assistants went beyond merely hoping lating to the occupational health haz of this important group was little noted. that the subjects of coal mine safety and ards. That, however, is not the practical No sooner had the exhaustive work of occupational health of coal miners would way-any more than is the closing of the Gaither Panel been completed than be considered carefully, and separately, chemical plants or the shutting down Secretary of Defense McElroy named Mr. if need be for that procedure. of electric generating plants as air or Foster, Nelson Rockefeller, then chair According to information I received water pollution control expedients. The man of the Joint Chiefs of Staff Nathan from UMW A officials, they favor the search always must be for the feasible F. Twining, and former JCS Chairmen principles of the administrative provi alternatives to complete closure and to Omar Bradley and Arthur W. Radford, sions and most of the safety section of the payroll cutoff. In ·.;his search for ways to be consultants on reorganization of S. 355, but differ substantially with its to continue operations, production, mar the Pentagon. provisions as relate to penalties and in keting, and payrolls while, at the same Almost concurrently Mr. Foster served the area of health under title III. time, developing adequate safety proce as one of the Secretary of State's advis Accordingly, knowing that I declared dures and requirements and feasible ers on arms control policy. several months ago for a careful re abatement of occupational health hazard In October 1958, he was chosen to head evaluation of coal mine safety statutes conditions, we know that there will be the U.S. delegation to the Technical and for a fresh look at occupational encountered controversy over legislative Conference on the Problem of Surprise health aspects of underground coal min provisions. Attack, which the Soviet Union had un ing, President Boyle requested that I Mr. President, officials and representa expectedly agreed to attend in Geneva. consider introducing the United Mine tives of the United Mine Workers-men The conference proved abortive, but the Workers' proposed Coal Mine Health like President Tony Boyle, Vice Presi eXPerience yielded an important lesson: Act, a bill for the elimination of health dent George Titler, and their assistants the need for broad political and tech dangers to coal miners resulting from the must not be accused of lacking in zeal nical expertise in disarmament negotia inhalation of coal dust. Because I be and effort on behalf of their coal miner tions. In reporting on the conference to lieve that the occupational health of coal members because this is not a fact. There the Senate Disarmament Subcommittee, miners is a vital area for legislative con are no more devoted men to the causes Mr. Foster said such expertise could be sideration, and because I know that the of safety and health-and payrolls---Of obtained only "by hard work and deep Bureau of Mines recommendations in S. their members than Tony Boyle and thought and putting together competent 355 are for interim health standards for George Titler and their associates and people to work-not on a part-time basis underground mines, I readily agreed to assistants. S. 467-the proposed Coal but on a full-time basis." His evaluation introduce the UMW A recommendations Mine Health Act-which I have intro presaged the creation of the U.S. Arms for a permanent program dedicated to duced at their request, is but one of the Control and Disarmament Agency. the elimination of health dangers to very real manifestations of their fidelity This Agency has, over the past 7 years, miners. The UMW A-supported measure to the men who work in the coal mines. come of age. As the Washington Star was introduced by me on January 21, editorial put it: 1969, and is S. 67 in this 91st Congress. IN PRAISE OF WILLIAM C. FOSTER Foster ha.s been a.ble to attract a.n elite It is a comprehensive proposal for the corps o:C scientists, soldiers, and diplomats to abatement of dust conditions in the in Mr. PERCY. Mr. President, on Decem do the agency's important work-which de terest of "elimination of health dangers ber 31, 1968, a distinguished citizen quiet mands a high degree of sophistication 1n the to miners." I believe in the principles of ly stepped down from a post he had held foreign a.ffalrs areas a.s well as technical ex S. 467, just as I do with respect to S. for over 7 years. This citizen was William pertise in the disarmament field. ACDA ls 355, but I feel that I must keep a degree C. Foster, Director of the U.S. Arms Con now a tried and proven instrument :Cor the of flexibility on their provisions in some trol and Disarmament Agency. carrying out of United States policy. particulars until we have heard testi A recent editorial in the Washington I first knew Bill Foster as a highly re mony and can study the record of hear Star, paid tribute to Bill Foster, and spected businessman. Since then, Bill ings which I believe will be scheduled noted that he should be remembered for Foster has received many commenda to begin sometime after mid-February, helping to make the pursuit of interna tions for his distinguished public service, and possibly as late as mid-March, in the tional arms controls an acceptable ac but I know he received his greatest inner Committee on Labor and Public Welfare, tivity in the eyes of most Americans. satisfaction and fulfillment from his on which I am the ranking majority The editorial pointed out that, when work in arms control. member. Congress was considering the establish For his foresight and dedication in the I have been working with the UMWA ment of the Agency in 1961, certain fears pursuit of arms control as an instrument for over three decades on coal mine were expressed but, according to the of national security policy, William C. safety legislation, and the officials of that Star: Foster deserves the gratitude of the en organization know of the problems and Happily, Foster's solid Republican creden tire country. difficulties encountered in the practical tials a.nd known a.nticommunlsm were such application of the legislative processes that Congress eventually wa.s wllllng to ap as measures of this nature work their prove the creation of ACDA. TRIBUTE TO PRESIDENT JOHNSON way through those processes. Even re Bill Foster's credentials extend, of Mr. CRANSTON. Mr. President, I wlll porting bills in the industrial health and course, beyond partisan considerations. always regret that I entered the Senate safety area from committees oftentimes His Government career has included, in after Lyndon Johnson left it, and that becomes a real chore. The first Coal Mine addition to being Director of the Arms he 1s leaving the White House and Safety Act of any substance to pass the Control and Disarmament Agency, such Washington to return to his native Texas Congress required the use of a discharge posts as Under Secretary of Commerce, so soon after I have come to Capitol Hill. petition, which I well remember having Administrator of the Marshall plan, and I have long admired from afar his sponsored in the House of Representa Deputy Secretary of Defense. great abilities and so much that he has tives while a Member of that body. And, Some of his contributions in the na done. I would have relished an oppor as Bob Howes of the UMWA organiza tional security field are little known. In tunity to work closely with him in the tion recalled in a recent conversation, 1957, for example, President Eisenhower pursuit of a better nation and a better we had difficulty keeping signatures on brought together a blue-ribbon panel of world. January 24, 1969 CONGRESSIONAL RECORD- SENATE 1795 That is not to suggest that I did not that policy be determined only by the legis I1 there ls a case for having the President have my areas of disagreement with lature, that it be carried out only by the of these United States selected by the peo executive, and the judicial power be limited ple rather than the States, It hasn't been Lyndon Johnson, for, of course I did to "cases" and ''controversies" only. Suppose adequately made yet. But it would seem that particularly over our country's role 1n that a single executive is decided upon to this ts crucial before any action be taken Vietnam. carry out the policy determined by Congress to change the system. But I do not qualify, I do not in any as construed and Interpreted by the courts. That the system set out In the Federal way limit, my respect and admiration for The question then comes up before the Con Constitution does not completely embody the President Lyndon Johnson has been stitutional Convention of these fifty States, either of these alternatives does not excuse and the man he will always be. who should elect this executive, remembering us from having an answer to these questions, The contributions of his Presidency all the time that the Constitution wlll limit even If the answer ls that neither of these his activities to carrying out Federal policy methods should be used to select the chief will be imperishable in civil rights, vot with such exceptions as those contained In executive officer of this nation. We always ing rights, educational aid, model cities, Sections 2, 3, and 4 of Article II of the present need to know in which direction we ought medicare, rent supplements, control of Federal Constitution? The three most ob to be going, even if we are not going that water pollution, immigration reform, job vious alter natives are that the appointment way. training, and general and specific gov be made by (1) the States, (2) the Congress, Historically, it seems the consensus was ernmental concern for the well-being of or (3) the people. Which should it be? Be that t he States should select the President, all its people. fore answering this, several matters should and it is not without significance that the Imperishable, too, will be the impres be considered. one plan with the least support was the 1. Elected officials from justices of the present plan by the American Bar Associa sion he made on those people by his con peace, up or down, are beholden unto those tion. Of course, the more heavlly populated cern, his dedication, his humanity, his who select them, whether the selector ls the States In the Convention in 1787 refused to steadfastness, his grit, his guts. governor, the legislature or the voters. I1 be reduced to the strength of less heavily A man whose heart was dedicated to federal policy as fixed by Congress ls to be populated States In selecting the chief ex peace, he was betrayed by an unwanted administered by a chief executive, who is ecutive. And it was on this issue that ulti war. elected by the masses, that executive will mately Benjamin Franklin, of all members not be obligated to the States or Congress. o! the Convention, suggested that the sub Would a President beholden to the masses sequent meetings be opened with prayer. ELECTORAL COLLEGE REFORM enforce the laws fearlessly against White But they never abandoned the idea that the majorities, or Protestant majorities, or Cath selection of the President was to be made Mr. ALLEN. Mr. President, the Octo olic xnajorlties or whatever majorities there by the States. The compromise wa-s that in ber 1968 issue of the Alabama Lawyer are? this process the strength of these big States contains an interesting article entitled 2. For Congress to select the person to carry be reduced and the strength of the smaller "An Analysis of Electoral College Re out the policy fixed by Congress violates the States be Increased by the number of elec form," written by Hon. J. Edward principle of separation of powers, for if the tors which was fixed at the number of rep Thornton. President ls selected by Congress, Congress resentatives In the Senate and House in The author, senior member of the firm wm determine how the policy Congress fixes Congress. & wUI be enforced or unenforced. This would Before abandoning completely this idea of Thornton McGowin, Mobile, Ala., never do because of the premises set for this that the States select the chief executive, an is a graduate of Mississippi College, A.B. h ypothetical case of the Constitutional Con answer ought to be made to the question, 1928, and Harvard University, LL. B. vention for the filty States. should we? 1933, and was admitted to the bar of Ala 3. Direct popular election of chief execu II bama, 1934, and Massachusetts, 1936. He tive officers has never been used in any con The Report of the A.B.A. Commission on was assistant general counsel, Alabama federation, such as the United Nations, the Electoral College Reform states: State Department of Revenue, 1939-45; League of Nations, the European Common "In summary, direct election of the Presi assistant circuit solicitor, Jefferson Market, the American Bar Association, the dent would be in harmony with the prevail County, Ala., 1936-39; justice, Special American Medical Association, and so on. In ing phllosophy of one person, one vote." Supreme Court of Alabama, 1967; 1968, fact, it is hard to find any federation where It should hardly be necessary now to re the chief executive officer has been chosen mind members of the legal profession that member, house of delegates and State by popular vote. merely because a Justice of the Supreme delegate for Alabama, American Bar As 4. It would be the States which would be Court of the United States makes an asser sociation, 1958-59; president, Mobile Bar giving up a portion of their sovereignty to tion, this does not make it so, nor does it Association, 1955; president, Alabama gain the advantages of union, not the people. make it right. This is also true of assertions State bar, 1963. He is a member of Amer Since the States would be doing the nego by A.B.A. Commissions. Therefore, with a ican Law Institute and a fellow, Ameri tiating, it would seem that they would be majority of the States about to amend the can Bar Foundation. the ones most likely to dexnand a quid pro Federal Constitution in regard to the one Fifteen of Mr. Thornton's articles and quo for such union. man, one vote rule, it might well be said 5. Who would be most interested in seeing that such a philosophy ls hardly "prevail addresses have been published in the that the federal policy was being faithfully ing." But even if it were, it stUI would be Alabama Lawyer. He has also contrib executed, the States or the masses? Congress wrong and not necessarily applicable to the uted articles to the Alabama Law Review. might be Interested in seeing that its policy election of the Presldent. "Balancing Various Community Inter be carried out, but what interest would the History gives us only two Ulustrations of ests: Should This Be Part of the Judicial masses have In this? And if no one In a posi efforts at universal suffrage, namely ancient Function?" was published in ABA Jour tion of influence has any Interest in seeing Greece and during the French Revolution, nal, June 1949. that the system is carried out, how long will and both of these fa.lied. Can it now be Since the issue of electoral college re the system last? made to work here by the ipse dt:&it of a few Bearing these facts in xnind, we return to judges? form is being considered by the Senate, the hypothetical Constitutional Convention Furthermore, the idea of spreading political I believe that Mr. Thornton's article will seeking to determine how to select a chief power among the illiterates, [Cf. Katzen furnish much valuable information to executive. Since the American Bar Associa bach v. Morgan, 384 U.S. 641 (1966)) the Members of the Senate and that his tion is now engaged In advising the States on paupers, [See, Harper v. Virginia, 383 U.S. analysis of some of the propasals that constitutional issues, such as Amendment 663 (1966)) and now possibly the crixninals, have been suggested will aid the Senate XXV, no doubt this Convention would call the Communists and the Insane, is sheer non in its consideration of this issue. on the American Bar Association. Unfortu sense. One head ls not as good as any other I ask unanimous consent to place the nately, the Report of the Commission on head particularly when one of them ls, say, Electoral College Reform contained in the a Justice of the Supreme Court, or a Dean text of Mr. Thornton's article in the March, 1967, issue of the American Bar As of a Law School. To cancel out their votes RECORD. sociation Journal will not shed much light with the illiterates doesn't show maturity. It There being no objection, the article on the issue before this hypothetical Con shows insanity. was ordered to be printed in the RECORD, stitutional Convention. Nor would President If all heads are equal in electing men to as follows : Elect Gossett's article In the December, 1967, govern us, why all the bother for public edu AN ANALYSIS OF ELECTORAL COLLEGE REFORM Issue of the Journal assist. cation? Public education assumes a need for But Isn't this hypothetical issue the very improvement of the public for the public. (By J . Edward Thornton) one which should have a very clear and posi But if voting belongs to the un-improved as I tive answer before the American Bar Asso well as the improved, it seems to remove the Suppose there were no united States, only ciation or anyone else starts tinkering with incentive for society to Improve the Uliterate. the several States. Suppose the fifty States the machinery of government which, after If public education aims solely at Increasing were now engaged in uniting into a United all, has brought us along for nearly 200 the Income of the pupils, why should all States. Suppose they all believed that gov yea.rs? Before engaging in remedial action we society join In paying !or It? Why shouldn't ernmental power should be separated so should know precisely what the remedy is. the pupil pay for his own education, if the CXV---.114---Part 2 1796 CONGRESSIONAL RECORD- SENATE January 24, 1969 education ls solely for hls benefit? Assuming President? What ls there about the Amer to minorities, say in New York, and thereby otherwise cannot be rational, much less right ican Bar Association which makes the se become majorities, this will create chaos. In or just. lection of its chief executive officer so dif fact, it could be said that unless there are Furthermore, it assumes that a civic virtue ferent from the selection of a President for minorities In elections, there can be no ma and possibly a duty, has become a right. Ex these United States? jorities, and If there can be no majorities, haustive research in history and jurispru IV there can be no winners. Therefore, we must dence ls not necessary to establish that create minorities in order that the majorities voting has always been a privilege. Only in It shouldn't be assumed that the A.B.A. m ay be majorities and thereby give effect to opinions by Justices of the United States Plan Is the only change proposed for the the votes for the winners. How far should Supreme Court can a different reading of electoral college. It h as been attacked several this sort of verbalizing be carried? hlstory be found. And to find that in 1868 times. Among the proposed changes were In every election there must be a majority the States delegated away their rights to those by the Southland Committee in 1878, and there must be a minority. The minority quality voters is not only a misreading of the Lea Amendment proposed in 1928, and may be "right" and they may have our sym history, it ls a misreading of the Constltu the Lodge-Gossett Plan proposed in 1948. pathy, but It Is still a minority and nothing tlon. Interesting enough, however, this is the can be done about it. Hence, to complain If voting ls now a right, how about jury first time it has been seriously suggested about the winner taking all in the present service? Do I h ave a right guaranteed by the that the President be elected by direct popu system Is without merit. Constitution to serve on the jury? And if lar vote. Andrew J ackson recommended it in 2. There is another complaint of the pres I can serve on the jury, can a mere litigant or five of his messages to Congress. But no one ent system which Is not valid. It is objected attorney peremptorily challenge my right to else has seriously advanced it. The question that in many States where Democrats and serve, and if they cannot, may I select the naturally arises why it took the A.B.A. in 1967 Republicans are about evenly matched, a cases I choose to hear? So, ls paying taxes a to discover this system. If there ls so much small minority such as Negroes, or others, right ? If so, can I determine the amount? merit to It, why has it been so late In being can and do control the electoral vote from Can the government now interfere with my advanced? that State. Hence, it is objected that this right to pay taxes by assigning an arbitrary The Lodge-Gossett Plan of apportioning minority control the election in that State. amount as my share? electoral votes to popular votes to two deci Therefore, it Is argued the system should be This proliferation of "rights" found in m al places within the States has been by far scrapped. However, this Is a rather superficial the Constitution by Justices of the Supreme the most popular plan advocated. This means view of the election process. 50% plus one Court simply must be brought to a stop. that in Alabama, where there are now 10 wins all elections controlled by majority The "right" to counsel has been extended electoral votes, they would be apportioned vote. Which vote won the election? The one to everyone, everywhere, in all types of cases. to the popular vote. Thus, if one candidate at the top, or the one at the bottom? The an But now Justice Douglas has found in got 400,000 votes out of 700,000 votes cast, swer is, both votes won it, along with all the Ha.ckin v . Art.zona., 389 U.S. 143 (1967) a the candidate would get 4/ 7 of 10 electoral other votes. The only way to beat this system "right" to non-counsel. And, of course, the votes. The other candidate would get 3/7 of is to devise a system where 50 % plus 1 does Justices have found in the Constitution a 10 electoral votes. not win. To say that a minority won this "right to possess and peddle pornography, The trouble with this system ls that It is election is to overlook the facts in the elec [See Smith v. Cal., 361 U.S. 147 (1959)] complicated to compute, but worse than that, tion. Suppose there are 49 % Republicans and which has blown up to such proportions that it gives most unexpected results. Under it, 49 % Democrats, and 2 % uncommitted. To the Justices themselves no longer know what Nixon would have been elected over Kennedy say that 1 % plus 1 of the uncommitted won ls contained in the "right." [See Redrup v. in 1960 with 265.31 electoral votes to 264.12 the election Is to overlook the 49 % . New York, 386 U.S. 767 1967) .] for Kennedy. Furthermore, though Garfield Furthermore, this sort of minority control The newly discovered constitutional "right had a greater popular vote than Hancock in would be true under the A.B.A. Plan. Sup of association" [nowhere explicitly provided. 1880, under this plan Hancock would have pose that out of 70,000,000 qualified voters Cf. Black's dissent in Griswold v. Conn. 381 been elected. So Bryan would have been there are 34,000,000 Democrats and 34,000,- U.S. 479, 509 (1965) concerning a constitu elected over McKinley in 1896, though Mc 000 Republicans. This would make 1,000,001 tional "right of privacy" which he could not Kinley had 51 % of the popular votes over votes controlling. Hence, would the candi find in the Constitution] now prohibits 46.7% for Bryan. Even the election of 1924 dates campaign only for these votes? If this States from protecting their citizens from changes complexion under this plan. premise Is sound, this minority would govern unauthorized practice of law. See N .A.A.C.P. All of this goes to show that we should look the selection of a President. v. Button, 371 U.S. 415 ( 1963); Railroad before we leap into constitutional changes, 3. It ls also objected that since Alaska ts Trainmen v. Va.., 377 U.S. 1 (1964); UMW even when advocated by the A.B.A. sparsely populated, and cast only 67,259 votes v. Ill. Bar Assn., 389 U.S. 217 (1967), Justice v in 1964 for 3 electoral votes, or some 22,000 Black can find this "right" in the words in It must be remembered that the present popular votes per electoral vote, and Arkan the Constitution! system for selecting the President was not sas cast some 560,000 for 6 electoral votes, or Obviously the Court ls not vindicating worked out as the best or most logical plan some 90,000 popular votes per electoral vote, the Constitution In these absurd decisions; possible. It was a compromise, and an ob this present system gives popular votes in it ls cheapening the Constitution so that viously awkward and sometimes illogical sys Alaska higher electoral count than in Ar the Constitution must get protection from tem. But it was the only plan which had kansas, and somehow thls Is unfair. The idea the Court if it ls to remain as our charter sufficient support to get the Constitution is that one vote in Alaska should have the of government. adopted. Hence, to engage in finding flaws same weight for President as one vote in This one man-one vote "right" ls such In the present system now is not particularly Arkansas. Thls, it is believed, is the real basis an absurdity. For the organized Bar to sup brilliant. It wasn't thought to be flawless by of the proposed change. port and implement thls sort of stupidity those who created it. It was just the best The fact of the matter is that the heavily does not make it less stupid. Hence, if the that could be had under the circumstances. populated States simply cannot stand having best reason for scrapping the electoral col 1. When, however, criticism is made of the their power diluted by the Electoral College. lege ls this one man-one vote right, then no system, It should be valid. For example, the But It was just this whittling down of the change in the electoral college ls indicated. Commission criticizes the present system as supposed power of the heavily populated m containing a "winner-take-all feature which States which made the adoption of the Con totally suppresses at an intermediate stage stitution possible by the Constitutional Con It has been asserted by President-Elect all minority votes cast in a state." Just how vention in 1787 and the adoption thereof by Gossett that actually the electoral college much less than all should the winner take? the less heavily populated States. Of course, was merely a temporary stop-gap to get the If the winner gets 50% plus one of the votes, Virginia (747,610 population), Pennsylvania Constltutlon adopted, and now in thls "age does he serve 50% plus one day (or week (434,373), North Carolina (393,751), and the of speedy transportation, instantaneous or month)? There simply cannot be but other States with larger populations, thought communication and high literacy" the need one winner In an election and when the win they should have more power than the less for such a broa<1 power or attorney oy tne ner reaches that point (whether it ls a % populated States, and they did not relish voter to the elector is gone, hence, the voter or % or some other majority) he wins, and sharing this supposed power of numbers with should re-claim his right to select the Presi he has to take all when he wins. the other States, but that simply was the dent directly. The Idea that the losing minority votes are price for these United States. Now to destroy Of course, thls premise ls patently un suppressed ls a strange observation. Who sup this equalization of power would constitute sound historically. The Electoral College was pressed the minority votes? Those voting for a failure of consideration for the adoption a compromise, but it was not temporary. the loser were a minority. They voted for of the Constitution by the other States. The But even if it were, it does not follow that their candidate and their preference was complaint by the heavily populated States today ls the time for thls change, or that registered. Those voting for the winner, the that the Electoral College denied them the this ls the change called for. If we do assume, majority, registered their preference. Every influence they felt that their heavy popula however, that this ls indicated, then we vote ls counted. None are suppressed. But tions warranted was true, but the exchange become the bald-headed peddler of hair re only the majority can win, and the minority was negotiated fairly and squarely, and for storer. If the individual vote is now to elect must lose. That thls process somehow sup the heavily populated States to reverse this the chief executive of these United States, presses votes, is a queer way to use words. now wlll very simply constitute a welching why does the American Bar Association uti If there is any idea lurking here that on the agreement made to achieve this lize an indirect method of election for its minorities, say, in Alabama, are to be added Union. January 24, 1969 CONGRESSIONAL RECORD- SENATE 1797
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 Indiana 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. Mark Hatfield 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