October 5, 1970 CONGRESSIONAL RECORD- SENATE 34881 tivltles, and for other purposes; to the Com LIARD, Mr. PELLY, Mr. AsHLEY, Mr. of llllnols, Mr. ScHEUER, and Mr. mittee on Science a.nd Astronautics. KEITH, Mr. DOWNING, Mr. DELLEN ScHWENGEL) : By Mr. PEPPER: BACK, Mr. ROGERS of Florida, Mr. H.R. 19581. A bill to amend the Clean Air H.R. 19570. A b111 to amend the Library POLLOCK, Mr. RUPPE, Mr. GOODLING, Act to provide for a more effective program to Services and Construction Act, and for other Mr. HATHAWAY, Mr. MCCLOSKEY, Mr. Improve the quality of the Nation's air; to purposes; to the Committee on Education FREY, Mr. HANNA, Mr. LEGGETT, and the Committee on Interstate and Foreign and Labor. Mr. JoNEs of North Carollna) : Commerce. By Mr. PEPPER (for himself, Mr. AN H .R. 19576. A bill to establish the National By Mr. FISH: DERSON Of Tennessee, Mr. MATSUNAGA, Advisory Committee on the Oceans and At H.J. Res. 1389. Joint resolution authorizing Mr. O'NEn.L of Massachusetts, and mosphere; to the Committee on Merchant the President to declare November 11 (also Mr. SISK): Marine and Fisheries. known as Veterans Day) as a National Day or H.R. 19571. A bill to promote the public By Mr. OLSEN: Support of United States Prisoners of War in welfare; to the Committee on Rules. H .R. 19577. A bill to make the provisions Southeast Asia; to the Committee on the By Mr. ROGERS of Florida: of the Vocational Education Act of 1963 ap Judiciary. H.R. 19572. A blll to amend the Public plicable to individuals preparing to be volun By Mr. PATMAN : Health Service Act to prohibit the discharge teer firemen; to the Committee on Education H .J . Res. 1390. Joint resolution to provide of elemental mercury and its compounds and Labor. an additional temporary extension of the Into any waters of the United States which By Mr. ROGERS of Florida (for him Federal Housing Administration's insurance directly affect the public health; to the Com self, Mr. JARMAN, Mr. KYROS, Mr. authority; to the Committee on Banking and mittee on Interstat e and Foreign Commerce. PREYER of North Carolina, Mr. NEL Currency. By Mr. SHIPLEY: SEN, Mr. CARTER, Mr. SKUBITZ, Mr. By Mr. BROOMFIELD: H.R. 19573. A blll to amend section 9 of HASTINGS, and Mr. BROWN Of Ohio) : H . Con. Res. 766. Concurrent resolution the Postal Reorganization Act to grant the H .R . 19578. A bill to protect the public regarding persecution of Jews in Russia; to retroactive pay increases provided tor postal health by amending the Federal Food, Drug, the Committee on Foreign Affairs. employees by such section to persons on the and Cosmetic Act to assure the safety, relia By Mr. BROWN of Michigan: rolls a.t any time in the periOd beginning bility, and effectiveness of medical devices; H. Con. Res. 767. Concurrent resolution June 30, 1970, and ending immediately be to the Committee on Interstate and Foreign expressing the sense of Congress with respect fore the date of enactment of such act but Commerce. to an International Conference on the crea who left the service before such date of By Mr. SYMINGTON: tion of an International Environmetal enactment; to the Committee on Post Office Agency; to the Committee on Foreign Affairs. and Civil Service. H.R. 19579. A bill to Improve education in By Mr. PEPPER: By Mr. BOLAND (for himself and Mr. the United States; to the Committee on Edu H. Res 1234. Resolution on dismissal of CoNTE) : cation and Labor. professional air traffic controllers by the Fed H.R. 19574. A blll to authorize the esta b :ay Mr. TALCOTT (for himself and Mr. eral Aviation Admlnlstration; to the Com blishment of the Springfield Armory Na SISK): mittee on Interstate and Foreign Commerce. tional Historic Site, Massachusetts, and for H.R. 19580. A bill to regulate and foster other purposes; to the Committee on Interior commerce among the States by providing a and Insular Affairs. uniform system for the application of sales PRIVATE BILLS AND RESOLUTIONS By Mr. GRAY: and use taxes to Interstate commerce; to the H.R. 19575. A bill; National Publlc Em Under clause 1 of rule XXII, ployee Relations Act; to the Committee on Committee on the Judiciary. Mr. WILLIAMS Introduced a bill (H.R . Education and Labor. By Mr. VANIK (for himself, Mr. BUT 19582) for the relief of Paulina Medrano By Mr. LENNON (for himself, Mr. TON, Mr. FASCELL, Mr. HECHLER Of Martinez, which was referred to the Com MosHER, Mr. GARMATZ, Mr. MAIL- West VIrginia, Mr. PODELL, Mr. PRICE mittee on the Judiciary.
SENATE-Monday, October 5, 1970 The Senate met at 12 noon and was WAIVER OF THE CALL OF THE EXECUTIVE SESSION called to order by the President pro tem CALENDAR Mr. MANSFIELD. Mr. President, I ask pore (Mr. RUSSELL). Mr. MANSFIELD. Mr. President, I ask unanimous consent that the Senate go The Chaplain, the Reverend Edward unanimous consent that the call of the into executive session to consider nom L. R. Elson, D.D., offered the following legislative calendar, under rule VIII, be inations on the Executive Calendar. prayer: dispensed with. There being no objection, the Senate 0 Thou, in whom we live and move and The PRESIDENT pro tempore. With proceeded to the consideration of exec have our being, we thank Thee for Thy out objection, it is so ordered. utive business. providential care which has brought us The PRESIDENT pro tempore. The to this new day. We thank Thee for nominations on the Executive Calendar work and that it may be done in concert ORDER FOR THE RECOGNITION OF will be stated. with men and women guided by high SENATOR EAGLETON TODAY ideals and committed to the making of a better Nation. Mr. MANSFIELD. Mr. President, I ask AMBASSADORS Accept our dedication this day and unanimous consent that, pending the ar The assistant legislative clerk pro grant that we may so follow the selfless rival of the distinguished Senator from ceeded to read sundry nominations of ways of the Master that we may have a New York (Mr. JAVITS) , the distin ambassadors. measure of His divine mind and heart guished Senator from Missouri --- -- 34884 ' CONGRESSIONAL RECORD-SENATE October 5, 1970 papers," setting forth every possible course Data on the campaign contributions of the for two reasons. The first is that the Repub he could take. However, he is beginning to 66 Americans estimated by Fortune to be licans have been remarkably successful in adopt former President Johnson's old tele the "richest of the rich" were compiled from filling their campaign coffers and will pre phone habits. federal and, where available, state records sumably have far more to spend in 1972 than FUEL SHORTAGE by Citizens• Research Foundation of Prince the Democrats, who are still staggering under ton, N.J. vheir big debt left over from 1968. The sec Industry officials have told Paul Mc Gifts by very wealthy donors to Democrats ond reason that would be read into a veto of Cracken, the President's chief economic ad were small compared to those given the the bill is that Mr. Nixon does not intend viser, that coal, gas and oil prices should be Republicans. to debate with his 1972 opponent and is permitted to rise sharply. Otherwise, they Xerography inventor Chester Carlson of therefore unhappy about the repeal of the warned that producers would not have Rochester, N.Y., gave the Democrats their "equal-time" provision of the Federal Com enough incentive to prevent fuel shortages largest contribution-$30,700. However, Carl munications Act (also included in the blll), across the country this winter. son also contributed $1,000 to the Re which would put him under pressure to argue McCracken heads an interagency task publicans. with his opponent face to face on the tube. force which is investigating the threat of Wllllam Clay Ford of Detroit, a Ford Motor But these are wholly partisan objections to fuel shortages. This threat has been ag Co. vice president, was second among con the btll that have no bearing on its merit as gravated by the Middle East crisis and the tributors to Democrats with $20,000 while a device for preventing the purchase of pub anti-pollution campaign. his wlfe gave $1,000 to Republicans. lic office. There's pressure upon building owners, for The third largest donor for the Democrats Actually the bill would not even the spend example, to burn low-sulfur fuel oil. The was Jacob Blaustein of Baltimore, a director Ing score between wealthy and poor candi main source is the Middle East where Arab of Standard Oil Co. of Indiana. He and his dates, except in the use of television and Israeli tensions have disrupted shipments. wife gave $17,000 to Democratic committees radio. Candidates would stm be free to spend Utlllty companies have IJolSO held back con and $1,000 to Republican ones. without effective limits for travel, mailing, struction of fuel plants because of the Neither of the country's two billionaires, telephone solicitation and printed advertis clamor over pollution. Howard Hughes or J. Paul Getty, was recorded Ing, because Congress has found no reliable Meanwhile, our natural gas reserves are as having contributed to political campaigns way of limiting expenditures in these areas. dropping low. Gas producers are petitioning in 1968. In regard to the other partisan argument the Federal Power Commission for huge Of the families of great wealth in America, that is being made, the President would not price increases, which they claim are neces the Mellons stand highest in the rankings have to debate his opponent in 1972 in order sary to encourage them to explore for more of political contributors. And, each of its to take advantage of the "equal time" re reserves. five richest members gave only to the Re pealer. He could use some other format, 1f A major strike or transportation tieup or publicans. the broadcasting companies and his oppo severe winter could leave a lot of homes and In addition to the $65,000 gift by Mr. and nent would agree, :tor presentation of the buildings short o! heat during the cold Mrs. Richard King Mellon, other donors in Issues on both sides to national audiences monthS ahead. the family were: Mr. and Mrs. Richard Mel during free time. This section of the blll ls a lon Scaife ($55,462); Mrs. Cordelia Scaife great asset to the cause of democratic gov THE RICH STILL FAVOR GOP WITH GIFTS May ($52,000); Paul Mellon ($47,000); and ernment, and the President could not sacri (By Robert E. Cuthriell) the late Ailsa Mellon Bruce ($30,000). fice it without a serious loss of public pres The adage that the Republican Party is Close behind as Republican party patrons tige. the party of the rich has been reaffirmed by were the five Rockefeller brothers. Not count The blow to the Republicans would be a study of 1968 presidential election cam ing Nelson Rockefeller's contributions to his especially severe 1f the President should veto paign contributions. America's richest donors own presidential primary campaign, the the b111 and Congress should pass it over the favored the GOP 13 to 1. Rockefeller donors to Republican coffers veto, as well it might. Both houses passed the Forty-six of the wealthiest people tn were: banker David Rockefeller of New York b111 by more than the two-thirds vote needed America contributed nearly $1.5 million to ($20,500); businessman John D. Rockefeller to override a veto. Most o:t the members who political campaigns during the 1968 election lll of New York {$17,500); Nelson Rocke favor the btll would doubtless stand firm year. Each was estimated to have a fortune feller {$133,500); and Gov. Winthrop Rocke because they fear unlimited TV spending by of $150 million or more tn 1968. feller o:t Arkansas ($6,500). opponents in their own races. With the merits Republican candidates received $1,377,313 Other multirnlllionalres who contributed of the bill as strong as they are, a veto would to only $106,488 for the Democrats from the in 1968 included Deputy Secretary of Defense be a teiTific price to pay for a little parti total $1,494,502 in campaign contributions. David Packard and comedian Bob Hope. san advantage. The average individual contribution was Packard, then chairman and chief executive officer o:t the electronics firm Hewlett $32,489. CAMPAIGN '70: A RECORD TV BARRAGE Gov. Nelson A. Rockefeller of New York Packard, and his wife gave $11,000 to Re made the largest single contribution in 1968 publican causes. Hope and his wife provided (By Bernard D. Nosslter) among the multimillionaires. He and hls wlfe $16,000 for Republicans. NEW Yoax.-On television here the other provided $483,500 to Republican causes in nlght, an earnest, sober, concerned Nelson that year, $350,000 of which was !or his own TV CAMPAIGN SPENDING LIMIT; VETO IN STORE? Rockefeller stood in an empty classroom, unsuccessful bid for the GOP presidential The Republicans who are trying to induce said that the state had taught 10,000 teachers nomination. the President to veto the bill limiting radio about drugs and urged parents to do their Insurance executive W. Clement Stone of and television campaign expenditures are bit. The Republican Governor was neatly Chicago, a strong backer of Richard M. Nixon playing a very risky game. If the President dressed in a business suit and wore glasses. in 1968, made the second largest contribu should :follow their advice, the veto would On another channel, an earnest, sober, tion, giving at least $200,000 to Republican undoubtedly become a major issue in the concerned Richard Ottinger stood on a h111 committees. Stone's contributions may actu congressional campaigns, with possibly highly while some ships passed in the background. ally have amounted to more than three times damaging results for the GOP candidates. For He said that the vessels bring in narcotics the reported figure, according to estimates in it would suggest that the Republicans are and promised to fight this in Washington. Fortune magazine. more interested in giving wealthy candidates The Democratic Senate aspirant was neatly Because of loopholes in the Federal Cor an advantage at the polls than in fair lirnlta dressed in a business sult, his hair blowing rupt Practices Act of 1925, these totals must tion of campaign spending in the area where a little in the wind. be considered the mtntmum contribution for it is needed most and where it can be made In Detroit, an earnest, sober, concerned each individual. Reports are not required for effective. Philip Hart appeared on television film in primary election campaigns or from political No one would be deceived by the argument a police station, confronting officers com committees operating within one state. being offered to the President--that the bill plaining of assaults. He said that only mas Placlng third behind Rockefeller and Stone is not a comprehensive attack on the problem sive amounts of money in the neighborhoods among the super-rich contributors was the of excessive political spending. Its sponsors could cure slum-bred crime. The Democratic late Richard King Mellon of Pittsburgh, a candidly acknowledge th< it ls half a loaf. senator was in shirtsleeves, his collar open director of General Motors, and his wife who The fact remains, however, that it is the most and the knot of his tie lOosened beneath it. donated $65,000 to Republican candidates. promising reform in the area of campaign In home screens across the country, other John Hay Whitney of New York, former spending since the passage of the Corrupt candidates are doing much the same thing publisher of the now defunct New York Practices Act nearly half a century ago. The in what is almost certainly the greatest tele Herald Tribune and former Ambassador to remedy for an inadequate reform is not to vision campaign spending splurge In any off Great Britain (1956-61). and his wife gave reject wh< has been done and start afresh year election. For congressional races alone, $57,000 to the Republicans. but to accept the first installment and build the candidates are laying out $100 mlll!on, Based on reported donations alone, the top upon it. according to a liberal fund raising group, four contributors proved to be a special If the President should veto this bill, re the National Committee for an Effective Con bonanza for the Republicans in 1968-they gardless of what he might say in a veto mes gress. Of this, between $40 million and $50 all gave exclusively to the GOP. sage, everyone would assume that he acted mtllion, it is estimated, will go to produce October 5, 1970 CONGRESSIONAL RECORD- SENATE 34885 and buy air time for television (and to a primary upset in 1966 but lost the Pennsyl In other words, the enormous effort left a minor extent radio) commercials. vania gubernatorial race; Gllllgan simllarly favorable impression on only two unde Rockefeller, it is said, !s-laying out at least upset Frank Lausche two years ago in Ohio cided voters in 38 and this was partially $2.5 mlllion to win his fourth term. Ottinger, but lost the general election for the Senate. offset by the unfavorable impression re in a three-way race, acknowledges plans to Ottinger in New York and Howard Metzen ported by another. The net persuasive effect, spend $750,000 but twice that figure is not baum in Ohio (another Guggenheim client) then, was one in 38 and whether this would regarded as improbable. And this after spend spent heavily to become known and win persist and be translated into votes is far ing nearly $2 million to win his primary. The primaries this year. Whether they succeed from clear. Senate campaigns by both parties in Cali in November is another question. Posey, the chief at Jack Tinker & Partners, fornia, Texas and Ohio are likely to run Guggenheim observes that in a primary, a firm that picked up the Rockefeller ac around $4 mlllion. a candidate can, to the extent that he com count because it is an offshoot of an agency Of each dollar spent in the large states, mands money, largely control his appear started by a former advertiSing manager for 60 to 70 cents flows into television. The pre ance. In a general election, he and his oppo the family's old Standard 0!1 company, vailing style this year is an incessant bar nent are followed by the media as a news would dismiss all this. rage of 30-second or 60-second "spots" sand story and his ads no longer monopollze the His firm also advertises cosmetics, aspirin wiched in between pitches for chewing gum, m essages transmitted. and seeds among other things and this, detergents, tires, hair sprays and breakfast One of the few certified experts on voting he asserts, givef him insight into motivation. foods. beh avior and the media is Paul F. Lazars "People successful in advertising," he says, "I prefer the discipline of 30 seconds," feld, the Columbia sociologist. His studies of "have proven they can sell highly competi says Chester L. Posey, the New York adver radio and the electorate were pioneering tive, mass produced products, generally pack tising man who is manufacturing the Rocke efforts and he deplores as "scandalous" the aged, in a national arena." feller ads. "It forces you to be speclfic, ter large claims and the absence of research into "Our primary sklll is understanding what ribly clear, terribly simple. It takes you away the consequences of television. makes a market move and for that, you have from rhetoric in an arena fraught with too In his cramped office on Morningside to understand people, what makes them tick. many words." Heights, Lazarsfeld, puffing away at a cigar, The studies you mak~ in a consumer market, David Garth, a Gothamite who proclaims complains "that very little is really known." how mothers feel about babies, how people himself as a specialist in polltics and me But from his earller work, he suspects that feel about cars and drugs, for that you dig dia, says "a minute is pretty good." the llttle screen's influence has been over pretty deep." Garth, director of the media campaigns for sold. "The techniques !or finding out what Ottinger and such other Democratic hopefuls "Everyone projects into TV what he wants makes them (consumers and voters) move as John Tunney in Callfornia, Adlai Steven to see," Lazarsfeld said. "Thus, to liberal are pretty simllar, although I'd be the last son ill in lillnois and John G!lligan in Democrats, Ottinger comes across as elegant. ·to say that you package a candidate like a Ohio, insists that "most political people For hard hats, he's probablv a slick Jew. product. With a product, you try to pick a have two paragraphs of meat and the rest is There is a self-selective perception at work. single characteristic. You plant one idea filler." Television tends to reinforce the stereotypes about it you think is most persuasive. You It has now become ail article of faith that we already carry around in our heads." can't do that with a candidate. In polltlcs, political success turns on such subtle dis Since most elections are decided by a few there are many dlfferent pockets or inter tinctions, that an ample television budget percentage points, Lazarsfeld attempted to est." and a skilled media man can rescue the determine the influences at work on the In fact, there appears to be less method obscure from darkness and corral the voters small group usually labeled "undecided." He than Posey and his fellow practitioners sug on election day. found they are generally the unconcerned gest. At least, there is a large gap between In "The Selllng of the President," Joe Mc rather than the thoughtful, swayed more by words and deeds. Ginnis quotes Roger Ailes, a Nixon television friends than by anything they see and hear Posey, for example, says that one of his ob producer, as saying: "This is the beginning of candidates. jectives is to get across the Impression that of a whole new concept. This is it. This is "If television has influence," he argues, "The Governor is a very dynamic personal the way they'll be elected forevermore. The "it's circuitous, on those able to persuade ity." In practice, Rockefeller appears in only next guys wlll have to be performers." the undecided." four of the twelve TV commercials Posey has The fact that Mr. Nixon went into his Lazarsfeld suspects that politbians gener produced so far. campaign with a comfortable margin, spent Garth, whose Fifth Avenue office walls are liberally on television and ended up with ally are misusing the medium With brief ads, broadcast at large to lonely viewers in living llned with "Andy Awards" from the Adver a thin seven tenths of one per cent edge tising Club of New York, says t;hat "set pieces is all but forgotten. rooms. The emotional effect of films, he says, come across terribly phony" and he tries for Indeed, politicians' enchantment with the is heightened when they are viewed by a compact group. "reallty." little screen has reached such heights that But one of Garth's ads poses Ottinger a new craft of specialists llke Garth, Harry "Probably the most effective television," against a background o! ships and planes, Treleaven and John Deardourff for Republi he suggests, "would be on a closed circuit another against crowded subways and so cans, Joseph Napolitan and Charles Guggen to a small group that could then discuss on. heim for Democrats earn handsome fees what they have seen." It Is not clear how this .fits Garth's con from every big campaign. After all, he points out, this is the way ception that political commercials should Most of the practitioners, naturally the young are taught. show "the candidate doing hls thing . . . enough, have few doubts of their importance. A reporter standing at the corner of 59th you make it a very personal thing." Garth, a stocky, aggressive intense man who Street and Lexington Ave., a plausible Man Guggenheim favors "confrontation," film favors purple striped shirts and chocolate hattan crossroads because of the low and ing his cllent in "groups that disagree with trousers, boosts of having "a whole method medium-priced department stores nearby, him rather than agree. It tests the man's ology of organization that I paid for with finds that a thoroughly unstructured, un logic, commitment, abllity to express him my blood." scientific poll ot passersby supports Lazars self." Posey, slender, silver haired, With a taste feld's views. The poll was taken the morn Guggenheim is careful about the lengths for white button-down shirts and conserva ing after a television evening that displayed to which confrontation shall go. A Hart, tive, pin-striped suits, insists that llmlts 10 spots for Ottinger, nine for Rockefeller thought to be well out in front, can be turned on television spending "would prevent any aml several more for their various, less well lose in a suspicious pollee station. An Albert body from doing a good communications heeled opponents. Gore, thought to be behlnd in his bid for job • • . it would dlmlnlsh your effective Of 20 persons who acknowledged watch re-election to the Senate in Tennessee, is ness." in' television the night before (in Fun City, "confronted" by pollte business and profes But even at the summits of the craft, a there is some reluctance to acknowledge sional men at a reception setting. note of skepticism sometimes intrudes and staying home before the little screen, most President Nixon is now deciding whether outside it, the unbellevers multiply. admitting to two-and-a-half hours viewing, or not to sign a blll that would llmit future Guggenheim, a slim, expensively tailored fully half-10-said they never noticed a outlays on polltlcal television to seven cents maker of prize-Winning documentaries, says single polltical ad. for each vote cast in a general election and in his Wa.shlngton office that "the whole suc Six of the remaining 10 came away with three and a half cents In primaries. Republi cess" of the carefully plotted media cam a favorable impression of a candidate for cans, usually better financed, are mostly paigns "has been greatly exaggerated." whom they already intended to vote. One against the blll and Democrats traditionally In special circumstances, he argues, it can received neither a favorable nor an un with somewhat leaner wallets, are for lt. be potent indeed. But the spectacular cases, favorable Impression. One disliked the can In Lazarsfeld's view, they would all benefit he thinks, are largely llmlted to primaries didate pictured in the ad. Two, who said by allocating more !or precinct workers and "where the opposition is asleep or feels he they hadn't made up their minds, gained a other devices. has no race." favorable impression of a candidate. One small portent hinting that the point or In some campaigns on which Guggenheim Another 18 said they hadn't turned their dlmlnlshing returns baa been reached came has worked, Milton Shapp scored a dramatic sets on at all. · this past week 1n Plorida. There, a rela.tive 34886 CONGRESSIONAL RECORD- SENATE October 5, 1970 unknown, Lawton Chiles, swamped former Republican party got $151,000. Democrats got 15. E.G. and G. (12). Gov. Farris Bryant in their primary race for nothing, and miscellaneous committees re 16. Gulf General Atomic (25). the Senate Democratic nomination. The rel ceived $5,000. 17. Monsanto (15). atively fundless Chiles had hiked 1,000 miles Litton also supplied the most generous 18. Kerr-McGee (21). across the state to dramatize his lack of donors, Mr. and Mrs. Henry Salvatori, who 19. National Lead (22). money for the television spots liberally em contributed a total of $90,000 to the Repub 20. Mason and Hanger (19). ployed by Bryant. licans and $5,000 to miscellaneous commit 21. North American Rockwell (20). tees. Salvatori, a Litton director, Is a wealthy 22. Homestake-Sapin (24) .• CONTRACTORS' OFFICERS FAVOR GOP 6-1 IN California oilman who supported Sen. Barry 23. United Nuclear (23). CONTRIBUTIONS Goldwater (R Ariz.) for the Presidency In 24. Pan American (26). 1964. 25. Phillips Petroleum. omcials of companies ranking among the Nineteen of the Ford Motor Company's 47 NASA top 25 defense, space and nuclear contractors leading omcials donated a total of $140,100 to in fiscal 1968 contributed at least $1,235,4-02 political candidates in 1968. Republicans got 1. North American Rockwell (1). to political campaigns during the 1968 Presi $87,100 and Democrats received $53,000. 2. Grumman Aircraft (2). dential election year. Henry Ford II, chairman of the board, gave 3. Boeing (3). omcers and directors of these companies the Democrats $30,000 and Republicans $7,- 4. McDonnell-Douglas ( 4). favored the Republicans over the Democrats 250. On the other hand, Benson Ford, vice 5. General Electric (5). by almost 6 to 1 in their donations, accord president of the company, gave all his con 6. IBM (7). ing to data gathered by the Citizens' Research tributions totaling $41,000 to the Republi 7. -Bendix (6). Foundation of Princeton, N.J. cans. 8. Aero jet-General (8). Republicans received $1,054,852 compured The Ford Motor Company ranked 19th 9. RCA (10). to $180,550 for the Democrats. The figures are among DOD contractors in fiscal 1968. A 10. Chrysler (12). based on a tabulation of contributions from Ford subsidiary Phllco-Ford was 16th on the 11. General Dynamics (16). 294 omctals. list of NASA contractors in the same year. 12. TRW (11). The Federal Corrupt Practices Act of 1925 13. General Motors (17). LARGEST DEFENSE, AEC AND NASA CONTRACTORS 14. Llng-Temco-Vought (23). forbids corporations from making political FOR 1968-69 contributions. omcers or directors of corpo 15. Lockheed Aircl'aft (13). rations may make contributions as individ The following lists show the top 25 Defense 16. Phllco-Ford (21). uals. Department, AEC and NASA contractors as 17. Sperry-Rand (15). The survey, one of t he most comprehensive they ranked in fiscal 1968. Nuxnbers in 18. Martin Marietta (9). ever made of political contributions by cor parentheses indicate the company's rank in 19. TWA (14). porate executives, covered the top 25 con fiscal 1969. Companies appearing in these 20. Federal Electric ( 18) • tractors in fiscal 1968 for the Department of lists but not In the chart on p. 2292 did not 21. Catalytic-Dow (22). Defense (DOD), Atomic Energy Commission have omcers or directors who reported 1968 22. United Aircraft (19). 23. Brown Engineering (27). (AEC) and National Aeronautics and Space campaign contributions. (List of top 100 de fense contractors in fiscal 1969, 1969 weekly 24. Honeywell (35). Admlnistmtlon (NASA). 25. Control Data (38). Because several companies appear on two Report p. 2388). or all three lists of the 25 top contractors, Defense NASA CONTRACTOR CONTRIBUTIONS and two companies are subsidiaries of larger 1. General Dynamics (3). Twenty-four of the 25 leading NASA con corporations, fewer than 75 separate con 2. Lockheed Aircraft ( 1) . tractors In fiscal 1968 had omclals who con tractors were included in the survey. 3. General Electric (2). tributed to 1968 pol1t1cal campaigns, accord The study was based on 56 companies. 4. United Aircraft ( 5) . ing to the records. The exception was Brown Available records showed 49 companies had 5. McDonnell-Douglas (4). Engineering which ranked 23rd on the Ust. omcla.ls who made political donations. The 6. American Telephone and Telegraph (6). There were 856 omcers and directors for average contribution was $4,202. No dona 7. Boeing (9). these 25 companies of whom 165, or 19 per tions were reported for ofltcials of seven 8. Ling-Temco-Vought (7). cent, gave money to candidates in the Presi companies. 9. North American Rockwell (8). dential election year. The reported total of $1,235,402 In con 10. General Motors (10). But considerable duplication occurred be tributions is a minlmuxn figure. Many execu 11. Grumman Aircraft ( 17) . tween the top NASA contractors and com tives included In the study may have made 12. Avco (13). panies on the DOD and AEC lists. Fourteen other large contributions that did not have 13. Textron (16). of the NASA contractors also ranked among 14. Litton Industries (21). the top 25 DOD contractors and two were on to be reported because of loopholes in the 15. Raytheon (11). Federal Corrupt Practices Act. theAEC list. 16. Sperry-Rand ( 12) . If all 24 NASA companies with campaign The Citizens' Research Foundation did not 17. Martin Marietta (25). contributors are counted, the Republicans include all state reports on campaign con 18. Kaiser Industries (45). received $502,102 compared to $129,000 for the tributions in its survey, and some informa 19. Ford Motor (19). Democrats. tion was not readily accessible for Inspection. 20. Honeywell (18). omctals of the eight contra.otors appearing Furthermore, the study covered only the 21. Olin Mathieson (20). only on the NASA list donated a total or top 25 DOD, AEC and NASA contractors and 22. Northrop (36). $300,750 with the Republicans getting $201,- therefore represents only a portion of total 23. Ryan Aeronautical (22) .1 750 and the Democrats $99.000. political donations by omcials of all con 24. Hughes Aircraft (14). Of the eight companies appearing only on tractors in these fields. Hundreds of other 25. Standard Oil (N.J.). the NASA list, International Business Ma companies received sizeable DOD, AEC and AEC chines Corporation (ffiM) registered the NASA contracts in 1968. highest total in contrlbutions-$136,250 from 1. Union Carbide (1). DEFENSE CONTRACTOR DONATIONS 12 of the company's 44 omcers and directors. 2. Sandia Corp. (2)? Republicans got $104,250 from IBM omctals Twenty-four of the 25 top DOD contrac 3. General Electric (5). and the Democrats received $32,000. tors had omcers or directors who xnade politi 4. duPont (4). Arthur K. Watson, vice chairman of the cal contributions in 1968. Hughes Aircraft, 5. Reynolds Electrical (3). mM board of directors, made the largest do number 24 on the list, was the lone excep 6 . Westinghouse Electric (8). natlon--$54,875 to the RepubUcans. Thomas tion. 7. Bendix (6). J. Watson, chairman of the board, gave the Of the 856 omclals serving In administra 8. Holmes and Narver (7). Democrats $21,000 and the Republicans tive positions or on boards o'f these 25 defense 9. Douglas United Nuclear (10). $7,875. contractors, 178, or about 21 percent, showed 10. Dow Chemical (11). omcials of Trans World AlrUnes Inc. up as contributors In available records. 11. Goodyear Atomic (13). (TWA), also among the group of eight NASA Republicans got more than six dollars for 12. Idaho Nuclear (9). contractors not on the other lists, donated every one received by the Democrats. The 13. Aero jet-General ( 17). $47,700 to the candidates. Eight of 65 TWA military contractor executives donated $671,- 14. Atlantic-Richfield (14). executives contributed a total of $45,200 to 252 to Republican party coffers and $110,000 the Republican party and $2,500 to the to the Democrats. Another $5,501 went to Democrats. miscellaneous committees without formal 1 1969 ranking is tor Teledyne Inc., which party ties. now owns Ryan Aeronautical 1t still listed Litton Industries, which ranked 14th on separately Ryan would have ranked 54th in • Now known as United Nuclear-Homestake the DOD contractor list in 1968, led the giv fiscal 1969. Partners. ers with a total of $156,000. Eleven of Litton's • Subsidiary of Western Electric, the manu SotJRCES.-Department of Defense, NASA. 29 omcers and directors made donations. The facturing unit of A.T. & T. AEC. October 5, 1970 CONGRESSIONAL RECORD -SENATE 34887 CONTRIBUTIONS BY OFFICIALS OF FEDERAL CONTRACTORS In millions of dollars Net value prime military contract Total costs AEC prime industrial Net value NASA direct contract awards, fiscal years contractors, fiscal years awards,• fiscal years Number Company contributing Republicans Democrats 1967 1968 1969 1967 1968 1969 1967 1968 1969 Aerojet-General Corp ______$8, 000 $15, 000 ------.------· -- $40. 0 $34. 8 $25. 9 $95.7 $67.1 $64.9 American Telephone and 9 16, 500 I, 000 $673. 0 $775. 9 $914.6 ' 202. 8 tl97. 9 • 214. 3 a 6. 7 a 5. 5 1 5. 8 At~~~r~~~r.~~~ ·c:.;~~~~~~~~~~~~~ 6 Avco CorP------ I~ ~: ggg 1k ggg ------448:6·------583:6- 4~: t = ~=~=~~~=== ~ ------~~~~ ------~~=~------iii------5~3 ------3:9 BoeingBendix CoCorP- ____---__-_------______---_____-- -_ 2 2, 000 ------296.1 223. 6 184.4 79.1 73. 8 85.0 120.0 123.8 127.6 4 5, 000 ------911.7 762. I 653.6 ------273. 5 296.7 228.7 ChryslerCatalytic-Dow• Corp ____----_-___------______----_---__ _ I -·------2, 000 --. ------18.8 19. 4 Control Data Corp ______Douglas United Nuclear Inc ______Dow Chemical Co ______E. J. duPont de Nemours and Co .• Federal Electric Corp ______Ford Motor Co ______;; ]i ::: ~t~ ··· ·· ~~·::·: ~~;:: : :: .. ~r:::: .rir;:;;::;~:~;;~::::~f:::::::li:======: [l= =·=· ·· =. ~·; g:~:;:\ ~r;J~ic~o~r~~-----~~~~~~~ 17 27,600 1, 000 1, 289. 8 1, 488.7 1,620.8 lll.4 103.0 95.1 179. 3 190.7 150. 1 1 29 114,675 I, 000 625. 1 629. 6 584.4 ------65.2 46. 8 30. 9 g~~!~ a~~fr~ra~rfriiiiiee-riri2 ___ _ Corp ______Gulf General Atomic Inc. ______Honeywell Inc ______:~~:r~~~c~:t~~f~.;;; ·,;a&i. iiies - ~~ i ~~~ ~~~~ ~ ~~ ~:::::: ~;~~ :::::::;~~~ :::::::;;;~; :~ ~ ~~ ~~ ~ ~~~~= : ::: : : ::~ : ::: : :::: ~~ :: : : ::::}~~; ::::::: :~;~~ :::::::: ~;~ ; Ka~:riiiiliisirfes-ciirii ======:== 5"o'~~~ec~~\~~~i;:dlun~t~~e_s: _l_n_c~ ~: Litton Industries lnc. •------J :JJJJ __ ___ 1;m_------iiN ------HN------;~-i-~~~~~~~;;/~~~~~};/;~~~~~}~~~~ :::: : :~~;~~ :~ ~ ~~~~~1~~~ ~~~~~~ ~ ~,~~:~ ~ Lockheed Aircraft Corp ______3 1 2 ; ~:~g l:~gg ·~&J ~ . ~~J ' ~~J ------ui· ------·s:a·~----_-_-_-_-_-_-_-_-_ ~~-~ ~U ~U =~~~:e~~~~.::,ag~rgii • Data for individual companies include awards on research and development contracts of $1 ,000 • I officer of North American RIICkwell Corp., also made $501 in miscellaneous contributions. and over and on all other contracts of $25,000 and over. "Amount is for North American Aviation, Inc., since merged with North American Rockwell • Amounts listed are for Sandia Corp., a subsidiary of Western Electric Co., which is the manu- Corp. u Ryan Aeronautical Co., is now a subsidiary of Teledyne Inc. Amount listed does not reflect fa~t~~~t~~~ o;,:o~~~af~rT~e/a~~~: ~oJ~~~apl~tc~o American Telephone & Te legraph Co., any Teledyne contracts except those let I~ Ryan Aeronautical Co. and Western Electric Co. " Amounts are for Homestake-Sapin Partners, since merged into United Nuclear-Homestake • Joint venture of Catalytic Construction Co., and Dow Chemical Co. Partners. • Amounts listed are Philco-Ford Corp., a subsidiary of Ford Motor Co. " I director of Westinghouse Electric Corp., also made $3,250 in miscellaneous contributions •1 officer of Kerr-McGee Oil Industries Inc., also made $700 in miscellaneous contributions. " 18 individuals were listed as officers or directors of more than 1 ot the above companies. 'Combined amounts for separate contracts let to LTV Aerospace Corp., and LTV Electro Systems. The totals next to each company include the duplicate amounts. •I director of litton Industries, Inc., also made $5,000 in miscellaneous contributions. AEC CONTRACTOR CONTRmUTIONS The Atlantic Richfield Company recorded Federal contractors to the Democrat ic party Twenty of the 25 top AEC contractors for the largest amount of contributions, $66,- cause in 1968. fiscal 1968 showed o1fic!als contributing to po 000, among those 18 AEC contractors not also From among the 49 top DOD, NASA and litical races in 1968. on the DOD list. AEC contractors; o1fic!als of only seven com The survey showed no contributors among Twelve of 33 Atlantic Richfield executives panies donated more money to the Demo the executives of five companies on the AEC donated money to political compaigns in crats than they did to the Republicans. list: Reynolds Electric Co. (5), Holmes & 1968. The Republicans received $65,000 and In each ca.se these Democratic party fi Narver Inc. (9), Goodyear Atomic Corp. the Democrats got only $1,000. nancial triumphs were small. Kaiser Indus (11), E. G . & G. (15) and Mason & Hanger The top giver from Atlantic Richfield was tries officials gave the Democrats the largest Silas Mason Co. (20). Robert 0 . Anderson, chairman and chief ex margin of contribut!ons-$25,000 compared Two of the AEC contractors also appeared ecutive officer of the company, who sent the to $8,000 for the Republicans. on the DOD list. Of the 700 officials with Republicans $44,000 and the Democrats noth The six other companies with officials who the 25 leading AEC contractors, 106 or 15 ing. gave more to the Democrats than to the percent, made contributions according to E. I. duPont de Nemours & Company Republicans were: Aero jet-General Corpora available records. showed the second highest total for contribu tion, Avco Corporation, Catalytic-Dow, Dow If all 20 AEC companies with contributors tions among this group of 18 AEC contractors. Chemical Company, Martin-Marietta Cor are counted, the company officials donated Eleven of 35 chief duPont executives con poration and Phillips Petroleum Company. a total of $308,701 in 1968. The Republicans tributed $44,300-$42,800 to Republicans, (Char t , p . 2292) got $272,700, the Democrats $30,050 and mis none to the Democrats and $1,500 to mis Donations Increase. Contributions from cellaneous committees $5,951. cellaneous groups. corporate executives to both major parties Executives of the 18 AEC companies not in 1968 were almost always larger than In dupllcated on the DOD list contributed a GENERAL CONCLUSIONS OF SURVEY either 1960 Or 1964. total of $257,100 with the Republlcans get One obvious deduction to be made from The top two individual contributors pro ting $224,600 and the Democrats $27,D50 and the study Is that eight consecutive years In vided dramat ic examples of increasin g dona miscellaneous committee $5,450. power (1961-1968) did lit tle to sway major tions. Mr. and Mrs. Salvatori were listed as 34888 CONGRESSIONAL RECORD-SENATE October 5, 1970 contributing $95,000 1n 1968 and $6,000 In !dent, McDonnell Douglas Corp.: 1968, $18,- Union, a situation which is all too often 1964. The late Richard King Mellon, a di 700 (R). forgotten and which continues to be a rector of 01!nernl Motors, gave $65,000 in Richard King Mellon, director, 01!nera1 festering sore. I want to refer to unpub 1968 compared to $18,000 1n 1964. (Forty Motors: 1968, $65,000 (R); 1964, $18,000 (R); lished documents which have been called three top contributors listed. below) 1960, $20,000 (R). Directors usually gave more money to pollt Andre Meyer, director, RCA: 1968, $1,000 to my attention in respect to this matter Ical campaigns than the officers of com {R), $5,500 (D); 1964, $36,500 (D). which I feel deserve the attention of the panies, according to the data. These direc Thomas S. Nichols, chairman of executive Senate. tors, many of them wealthy men seTving on committee, Olin Mathieson Chemical Corp.: Mr. President, I ask that the clerk ad the boards of several companies, are fre 1968, $4,000 (R); $3,000 (D); 1964, $4,000 vise me when I have consumed 12 quently bankers, lawyers or Wall Street in (D); 1960, $7,000 (R). minutes. vestors. Spencer T. Olin, director, Olin Mathieson The PRESIDING OFFICER. The TOP 43 INDIVIDUAL CONTRIBUTORS Chemical Corp.: 1968, $12,500 (R); 1964, $11 ,900 (R); 1960, $24,500 (R). Chair announces that it was in error Forty-three officers or directors of com John M. Olin, honorary chairman, Olin when it announced a time limitation of panies among the top 25 DOD, NASA and Mathieson Chemical Corp.: 1968, $31,500 (R); 15 minutes. I have subsequently been AEC contractors in fiscal 1968 gave at least 1964, $31,000 (R); 1960, $12,000 (R). advised that the Senator from New $5,500 to political campaigns 1n 1968. M. G. O 'Neil, chairman, Aerojet General: York was to be recognized for a period The names of these o:lll.cials follow 1n 1968: $8,000 (R). alphabetical order. After each name Is the of not to exceed 30 minutes. David Packard, director, Ford Motor Co.: Mr. JAVITS. Mr. President, I hope I amount of the 1968 donation and the party, 1968,$11,000 (R). Republican (R) or Democrat (D), receiving Thomas L. Perkins, director. General will only take the 15 minutes. the money. Donations, If any, In 1964 and Motors: 1968,$9,000 (R). Mr. BYRD of West Virginia. Mr. 1960 also are listed. Willard F. Rockwell Jr., chairman, North President, will the Senator yield for a The amounts below represent only those American Rockwell: 1968,$7,000 (R). unanimous-consent request? contributions listed on o:lll.clal state or Fed Henry Salvatori (and Mrs. Salvatori), Mr. JAVITS. Mr. President, I yield to eral reports. director, Litton Industries, 1968, $90,000 (R), the Senator from West Virginia. Robert 0 . Anderson, chairman and chief $5,000 miscellaneous; 1964, $6,000 (R); 1960 executive officer, Atlantic Richfield: 1968, $1,000 (R). $44,000 (R); 1960, $500 (R}. John M. Schiff, director, Westinghouse Roy L. Ash, president, Litton Industries: Electric: 1968, $24,600 (R); 1964, $10,000 ORDER FOR RECOGNITION OF 1968, $8,500 (R). (R); 1960, $11,500 (R). SENATOR TOWER Walker G . Buckner, director, IBM: 1968, Hugh A. Sharp Jr., director, duPont: 1968, Mr. BYRD of West Virginia. Mr. Presi $9,000 (D); 1964, $6,000 (D). $6,500 (R); 1960, $4,000 (R). John s. Bugas, vice president, Ford Motor c. Arnholt Smith, director, Ryan Aero dent, I ask unanimous consent that, upon Co.: 1968, $20,000 (R); 1964, $3,000 (R). nautical Co.: 1968, $8,000 (R); 1960, $1,000 the conclusion of the remarks of the Sen William A. M. Burden, director, Lockheed (R). ator from New York (Mr. JAVITS), the Aircraft co.: 1968, $14,500 (R); 1964, $1,000 Vernon Stouffer, director, Litton Indus able Senator from Texas (Mr. TowER) be (R); 1960, $3,500 (R). tries: 1968, $27,000 (R); 1964, $900 mis recognized for not to exceed 10 minutes. Walter S . Carpenter Jr., honorary chair cellaneous. man. duPont: 1968, $7,000 (R); 1964, $6,500 The PRESIDING OFFICER. Without Charles B. Thornton, director, TWA: 1968, objection, it is so ordered. (R); $600 miscellaneous; 1960, $12,000 (R). $19,500 (R) : 1964, $3,000 (D); 1960, $1,000 Lamrnot duPont Copeland, president, du Mr. JAVITS. Mr. President, I again (R). Pont: 1968, $14,000 (R); 1964, $9,000 (R); Arthrus K. Watson, vice chairman, IBM: thank the distinguished Senator from 1960, $13,000 (R). 1968, $54,875 (R); 1964, $13,000 (D); 1960, West Virginia for his always unfailing PaulL. Davies, director, IBM: 1968, $8,000 $7,500 (D). courtesy in waiting for me. (R); 1964, $1,000 (R); 1960, $1,000 (R). Thomas J. Watson, chairman, IBM: 1968, Mr. BYRD of West Virginia. The Sen George P . Edmunds, director, duPont: $7,875 (R). $21,000 (D); 1964, $37,000 (D); ator from New York is welcome. 1968, $5,500 (R); 1964, $500 (R); 1960, $1,000 1960, $10,500 (D). (R). Edward F. Fisher, director, General Mo TOP CORPORATE CONTRmUTORS tors: 1968,$8,000 (R). Following are the 10 companies among top THE U.S.S.R. AND ITS JEWISH John C. Folger, director, IBM: 1968, $9,000 defense, space and nuclear contractors, whose MINORITY (R); 1964, $4,000 (R); 1960, $16,100 (R). officers and directors were reported to have Benson Ford, vice president, Ford Motor contributed the largest amount to election Mr. JAVITS. Mr. President, the Soviet Co. : 1968, $41,000 (R); 1960, $3,000 (R). campaigns in 1968. Union tells the world that it does not Henry Ford II, chairman, Ford Motor Co.: The totals are divided within the paren discriminate against Jews, or any other 1968, $7,250 (R), $30,000 (D); 1964, $3,600 theses between donations to Republicans (R) minority group. The Soviet Union tells (R); $39,500 (D); 1960,$6,000 (R). and Democrats (D). us there is no anti-Semitism in Russia. William Clay Ford, vice president, Ford 1. Litton Industries Inc., $151,000 ($161,000 Indeed, it is supposed to be against the Motor Co.: 1968, $1,000 (R), $20,000 (D); R). 1960,$6,000 (R). 2. Ford Motor Company, $140,000 ($87,- law. The Soviet Union tells us that Jews Amory Houghton Jr., director, IBM: 1968, 100 R; $53,000 D). are free to worship, free to study their $19,500 (R); 1960, $900 (R). 3. International Business Machines Corp., religious heritage, free to speak their · David S . Ingalls, director, Pan American $136,250 ($140,250 R; $32,000 D). ancient language. The Soviet Union tells World Airways: 1968, $12,000 (R); 1964, 4. General Motors Corporation $115,675 that its Jews are anti-Israel, anti-Zion $1,500 (R); 1960, $2,000 (R). ($114,675 R; $1,000 D) .. ist, and want to stay in the U.S.S.R. Yet Charles S. Jones, director, Atlantic Rich 5. Atlantic Richfield Company, $66,000 we have found that these assertions are field: 1968, $9,000 (R); 1964, $1,000 (R). ($66,000 R; $1,000 D). untrue. Why does the Soviet Union con Earle M. Jorgenson, director, Northrop 6. Olin Mathieson Chemical Corporation, Corp.: 1968, $22,500 (R). $61,300 ($58,300R; $3,000D). tinue to propagate such falsehoods in Edgar F. Kalser, president, Kaiser Indus 7. Trans World Airlines Incorporated, the face of overwhelming evidence to the tries: 1968, $25,000 (D); 1964, $6,000 (D). $47,700 ($45,200 R; $2,500 D). contrary? Frederick R. Kappel, chairman of execu 8. E. I. duPont de Nemours & Company, Mr. President, I might say that I bear tive committee, AT & T; director, Standard $42,800 ($42,800 R). the greatest friendship to the Soviet Oil of New Jersey; 1968, $6,000 (R); 1964, 9. Westinghouse Electric Corporation, Union and its people. I have labored for $1,000 (R); 1960, $3,000 (R). $40,000 ($38,500 R; $1,500 D). 21 years to bring about agreements and Willard W. Keith, director, Lockheed Air 10. Lockheed Aircraft Corp., $39,880 understanding between us. I will con craft Co.: 1968, $19,880 (R); 1964, $4,500 ($38,880 R; $1,000 D). (R); 1960, $1,000 (R). tinue to labor in that vineyard. I have Dan A. Kimball, chairman of executive not been afraid of any labels that might committee, Aerojet-Genera1: 1968, $15,000 be attached to me as a politician on that (D); 1964, $2,000 (D). ORDER OF BUSINESS account. It is for that reason that I feel Barry T. Leithead, director, TWA: 1968, The PRESIDING OFFICER. At this I have a right to speak out unequivocally $17,200 (R); 1964, $500 (R); 1960, $1,000 time, in accordance with the previous and plainly, especially in view of the (R). Edward H. Litchfield, director, AVCO Corp. order, the Senator from New York is additional evidence which has been sup 1968, $10,000 (D). recognized for not to exceed 15 minutes. plied to me of such a current peril in re Glen McDaniel, senior vice president, Lit Mr. JAVITS. Mr. President, I wish to spect to this very deplorable situation. ton Industries: 1968, $11,500 (R). make some remarks today on the plight Mr. President, I now refer to previously Jackson R. McGowen, corporate "Vice pres- of the Jewish minority in the Soviet unpublished documents which have been October 5, 1970 CONGRESSIONAL RECORD -SENATE 34889 brought to my attention. These docu who has made application to emigrate, Government, which owns and controls ments reveal that discrimination against simply waiting for a reply from his gov all publishing facilities, seems to violate Jews continues to be a fact of life in the ernment is agony enough. For example, I its own prohibitions against anti-Semit Soviet Union. am advised that no one receives a written ism. In his latest anti-Semitic attack, In one case, an engineer from Riga, denial of his emigration request. Instead, Judaism and Zionism, Kitchko did not named David Zilberman-I will be a postcard arrives in the mail which tells merely limit himself to distorting the naming names with the permission of him to call a certain number. Then, on political struggle in the Middle East, he those to whom this relates-petitioned the telephone, he is curtly informed that concentrated on what he said was the United Nations Secretary General U his petition has been rejected-no rea intrinsic "aggressive and inhuman" Thant to intercede and help him obtain sons, no details, nothing. This is appar policies of Judaism as a faith. an exit permit to Israel so that he might ently done so that the rejections will be He said: rejoin his father, aged 82, who had suf unrecorded and the petitioning Jews will Judaism has always served the Interest of fered a paralyzing stroke. not be able to send copies of the official the exploiting clases. rejections abroad where they further In another plea, an engineer named He continued: Peisakovich-Pie-sa-ko' -vich-from Vil embarrass Soviet authorities. Occasionally the petitioners are told to In our times, its most reactionary postu na, laments that under present Soviet lates have been taken up by the Zionists, conditions, he cannot enjoy the fruits of come to the office of the OVIR-the · the Jewish bourgeois nationalists. Jewish heritage, and therefore wishes to National Immigration Bureau of the go to Israel. U.S.S.R. Last December a Jewish citizen To offset continuous criticism from The same theme is iterate by A. of Moscow, Dr. David Drabkin, respond abroad-and from within-on the Vilder, of Riga, in an unpublished letter ing to such a request, went to the ovm charges in the letter from the three Mos to Izvestia, the official Soviet Govern office where an official berated him .in no covites, the Soviet Union paraded out ment newspaper in Moscow. A Jew from uncertain terms. He was told: more than 50 prominent Soviet Jews at Riga, named Rapoport, similarly im You and others like you, will never receive a well-publicized press conference, this plores the Minister of the Interior in the a permit to leave the Soviet Union. We will past March, and had them denounce Latvian SSR to "permit me and my not arrest you, we wlll not make martyrs of Israel and Zionism, and strenuously deny family to depart to my sister in Israel for you, we will let you perish of hunger here. all charges of anti-Semitism in the permanent settlement." Drabkin had carried a sensitive tape U.S.S.R. These persons, and countless others, recorder in his pocket and was able to One of the prominent personalities, continue to reflect the suffering that is record this tirade. He then sent copies of who appeared at this March press con apparently the lot of Soviet Jewry. In it to Soviet President Podgorny, Presi ference was the Comedian Arkady Rai June the press reported the alleged at dent KosygJn, and to the editors of Prav kin-sometimes referred to as the Soviet tempt to hijack a small airplane near da and Izvestia-but with no results. Charlie Chaplin. His appearance and ap Leningrad. Twelve persons were arrested Confusion and ambiguity regar1ing parent compliance with the sentiments in connection with the episode; nine of Soviet Jews are not limited to emigra expressed that day caused David Zilber them were Jews. Subsequently there was tion policies. Although officially the So man---{)ne of the men whose petitions I a wave of roundups, questionings, and viet constitution forbids anti-Semitism, have-to write a truly heartrending letter confiscations--all focused on Jews in high government officials and govern expressing his shock and disappointment Leningrad and Riga. This month a fur ment propaganda agencies continue to at what he calls Raikin's "shameful par ther alarm was sounded 1n connection grind out anti-Semitic, anti-Zionist vi ticipation." with the hijack case when S. Y. Soloviov tuperations which 1n effect are stifling Zilberman wrote to Raikin on April 10, was the judge at the so-called trial of Jewish cultural and spiritual develop 1970: economic cr!mes which focused large}y ment. Soviet authorities have suggested I had always believed in you tully, con on Soviet citizens of the Jewish faith, to me that there is a large, latent reser sidered you one of the most demo and it was Soloviov who, for the.ir alleged cratic and upright representatives of the voir of historical anti-Semitism which Jewish people. "economic crimes,'' sentenced three of might surface if "special treatment" is the Jewish defendants to death. given to Soviet Jews to emigrate to Is But Zilberman said that as he listened In principle the U.S.S.R. confirms the rael. My answer is: Is it worse to be dis to the rhetoric of the so-called spokes concept of emigration, a basic human criminated against when you cannot man of his people, his opinion of Raikin right acknowledged in the United Na leave or when you can? changed: tions Universal Declaration of Human A letter sent to Premier Kosygin June Neither you (nor the others) have been Rights, article Xill, which the Soviets 6, 1969, signed by three Moscow Jews, de empowered by anyone to speak in the name support. It avows "a man's right to leave scribes the situation better than any of the JeWish people and to "defend our any country including his own." In ad words of mine: interests." dition, Premier Alexis Kosygin stated on Our families were brought up in the Perhaps these 50 Soviet Jews were December 3, 1966, in Paris, that "there JeWish cultural tradition," the three Musco anti-Israel and anti-Zionist and never will be no problem-concerning Jewish vites said, "but In the present conditions felt the sting of anti-Semitism. Certain emigration. The doors w;ill be open." of Soviet reality, our children are denied any ly there are those in every minority group Three years after Premier Kosygin's posslbUity of learning their mother tongue, who find it easier to go along than to statement, on December 13, 1969, the or becoming acquainted with the great heritage and spiritual values of our nation, fight, who prefer identifying with the New York Times published a story which majority to reaping both the benefits said: because the JeWish nationality, unlike the other nationalities living In the USSR, Is and the problems of the minority. The (Soviet) government newspaper Izves subject to cruel discriminations In the USSR. However, they do not speak for all of tia said today that Soviet Jews with rela There are no Jewish schools or other educa tives abroad could leave. the two and a half million Jews in the tional Institutions, no theatres, and ... no U.S.S.R. Americans who visit the U.S.S.R. Nevertheless, despite these optimistic Jewish periodicals with the exception of one monthly. regularly return with documents prov pronouncements, only a trickle of the ing that Soviet Jews suffer discrimina tens of thousands who have had the Indeed, everything Jewish, Is ignored ... An author like (Trofim) Kitchko, a notorious tion: They are relegated to second-class courage to apply were in fact allowed to anti-Semite, Is allowed to publish a book jobs, they are forced to renounce any emigrate. In addition, requests for emi whlch is no better than Czarist propaganda. right to religious and ethnic develop gration were increasingly becoming All this injures our national feelings and ment. In addition, the Soviet Jews them causes for prosecution and persecution our dignity as human beings. To remain selves court great personal danger to send by Soviet Government agencies. I am in In this atmosphere of anti-Semitic propa out hundreds of letters and documents formed that just an application for a ganda and discrimination has become un such as the ones that have come to my permit is often followed by demotion, bearable to us. We regard ourselves as Jews, attention. The risks these men and loss of job or worse. To date, 32 Jewish emotionally and splrltualy attached to the women have taken, as well as our own petitioners for emigration have gone not State of Israel. extensive concern, must impel us to re to Israel, but to a Soviet jail. The mention of Trofim Kitchko's book ject the rhetoric of Raikin, Dyrnshitz and In some cases for the Soviet citizen is just one reminder of how the Soviet others as the authoritative voice of So- 34890 CONGRESSIONAL RECORD- SENATE October 5, 1970 viet Jewry. Yet our protests must be as The case of Boris Kochubiyevsky, a an enigma" as Winston Churchill de humanitarian as our ends; we cannot young engineer from Kiev, comes imme scribed it-or concerning its Jewish pop condone violence and anger here in the diately to mind. In 1967, at a union ulation-will it set forth clearly and pos e.ffort to condemn it elsewhere. I do not meeting, Kochubiyevsky publicly chal itively its policy for the whole world to like to see tactics of confrontation poli lenged the allegation that Israel had examine? tics used to advance so noble a cause as been the aggressor in the 6-day war. Ninth. At a critical moment in a tor Judaism. The following year Kochubiyevsky at tured world, why cannot the U.S.S.R. I might point out at this time that the tended memorial services at Babi Yar vindicate the idealistic principle of its Russians protested, in a protest I would near Kiev, where 150,000 Jews-includ founding philosophy by redeeming its like to make a part of the REcoRD, that ing his own father-had been massacred Jewish population from the fear, danger, their representatives in this country have by the Nazis. No word of the Jewish and prejudice under which it has suf been insulted and shamed by those who tragedy is evident at Babi Yar and Koch fered? would protest the policies which are dis ubiyevsky protested this. His protest was Mr. PERCY. Mr. President, will the criminatory against Jews in the Soviet overheard and duly recorded. Soon after, Senator yield? Union. I deplore such activity and hope Boris and his wife applied for emigration Mr. JAVITS. I yield to the Senator it will cease because I think it gives to Israel. Suddenly, while his application from illinois. added excuse to the Soviet Union for was still pending, Kochubiyevsky was ar Mr. PERCY. Thank you. The Sena continuing such policies. rested and tried for "slandering the tor from New York has been outspoken I would like to point out the tremen State." In May 1969, he was sentenced to for many years against these injustices. dous rrass meetings of youth, like those 3 years at hard labor. After waiting 1 On occasion I have been honored to join in New York and other cities throughout year in jail, he began, this June, his 3- him. the country, one of which I addressed, year sentence in a labor camp outside of As he was speaking today I could not involving 20,000 young Americans in Kiev. help recalling to mind a trip I made a front of the United Nations. These mass Why, on the one hand, are Jews like few years ago to Latvia and Lithuania meetings are proper and magnificent ex Boris Kochubiyevsky punished for speak and other Eastem European countries amples of the sense of outrage and pro ing their minds and, on the other hand, and the experiences I personally had test which properly animates these young Jews like Benjamin Dymshitz encour there. One time I remember in a major people, and is properly communicated to aged to denounce Israel and cynically city in the Baltic States I was accosted the United States, the world, and the dismiss anti-Semitism in the U.S.S.R. as by officials who accused me of taking pic United Nations and, hopefully, will have a mere insinuation? tures that they thought might be used some etfect on the Soviet Union. So the sixth question I ask is: against the Soviet Union for propaganda With the utmost desire to seek peace, Sixth. Is petitioning for emigration in purposes, and I was detained several nuclear arms limitation in the SALT the U.S.S.R. now considered a criminal hours in an attempt to prove that pic talks and other instances of detente with offense? If not--why cannot all those tures taken by an amateur with an a the U .S.S.R., it is yet proper and neces petitioners who are currently in jail be millimeter camera in a market could sary to .ask these fundamental questions released? hardly be used against the Soviet Union. of the Soviet Government: Why cannot the U.S.S.R. permit Jews But the intimidation of a tourist, ob First. In the face of such anti-Semitic who have applied for emigration to Is viously an American, certainly wa.s sym provocations as Trofim Kitchko, Yuri rael to leave within a reasonable time? bolic to me of what intimidation there Ivanov, Ivan Shevtsov and others, is the Seventh. Why cannot ethnic schools in must be of many people who would not Soviet Union living up to its own avowed liebrew and Yiddish be permitted to have the protection that we have when prohibition of anti-Semitism? teach the cultural and historical and her we travel abroad. I wish to interject at this point that itage of the Jewish people to those who Also I cannot forget the fact that I certainly such books are published in wish to learn, and thereby accord the visited the concentration camp in this country as well, but also this country Jews the rights allegedly guaranteed to Auschwitz and then went to Moscow leaves open the freedom to publish many them and all ethnic groups in the and saw the .-emendous attempt by the other books on different sides of the issue U.S.S.R.? Soviet Union to continue to portray to in order to enlighten the public, and to Other comparable minority groups do the people, through exhibits at the Lenin maintain schools and institutions, and have such schools in the U.S.S.R. WhY Museum, that Nazism had been overcome other means for apprising the public of cannot those in the U.S.S.R. professing by the Soviet Union and, by the force r,f the case against the case of these anti the Jewish religion have the same oppor arms, the terrible tragedies imposed upon Semitic writers. In the Soviet Union, tunities of expression and organization people in concentration camps had been where the press is controlled by the as the U.S.S.R. allows-even in a limited stopped. Yet I found, in talking with State, only one side of the case is pub way-to members of the Christian and officials of the Soviet Union, their reluc lished. That is the basis for the protest, Muslim faiths? tance to consider what I regarded to be not the publication; but the fact it is by Eighth. As a symbol of integrity, why suppression of the same Jewish people government dictate and so onesided. cannot the U.S.S.R. rebuild the monu who live in the Soviet Union. The second question I ask is: ment at Babi Yar so that it properly It is this riddle I find exceedingly dif Second. Are the statements uttered at commemorates the 150,000 Jews slaugh ficult to penetrate. the March 4, 1970, press conference in tered there during the Nazi occupation? The distinguished senior Senator from Moscow concerning the supposed pros Why cannot what is seemingly a hate New York has made a powerful and de perity and happiness of Soviet Jews re campaign carried on unremittingly tailed indictment of official Soviet of" liable, or are they a cynical ploy to con even if intermittently-against Jews, Is fenses against the freedom and security fuse those in the West who are rael, and Zionism-especially as anti of Jews in the Soviet Union. We have concemed? Zionist propaganda is often a guise for both been speaking out about these of Third. Does the Soviet Union adhere anti-Semitic, rather than only a politi fenses for several years, and today the to the Universal Declaration of Human cal disagreement with Zionist philoso need for speaking out seems more urgent Rights, which allows free emigration as phy-be discontinued as an act of good than ever. I hope that many of our col put forth in article xnr, or has it re faith and as a demonstration of Soviet leagues will join with us in an etfort Jected this international principle? principles forbidding anti-Semitism? to bring all possible pressure on the Fourth. Is the Paris statement of Pre For, whether we like it or not, the nature Soviet leaders to allow full, first-class mier Kosygin about Jewish emigration of a nation's justice and humanity is citizenship to Jews and other minorities actually the policy of the U.S.S.R. or was often determined by the way it treats its in their country. this simply a release for the Westem minorities-especially the Jewish mi Today I will only say this: No matter press? nority which has been traditionally how much we desire a relaxation of ten Fifth. Why do the leaders of the So marked for persecution by societies sions between East and West, no matter viet Union keep us guessing concerning which are inhuman and unjust? how much we wish for agl-eements to their treatment of and policy toward the In short, will the Soviet Union remain end the arms race, no matter how much Jewish papulation of the U.S.S.R.? "the riddle wrapped in a mystery inside we want peace, we cannot foresake October 5, 1970 CONGRESSIONAL RECORD -SENATE 34891 justice. As free men we have a responsi I yield to the Senator from New for tolerance and recognition of the bility to speak up for justice for all Jersey. rights of minorities, as he has done so peoples. In the Soviet Union there is no Mr. CASE. Mr. President, I thank the ably here this morning. j ustice for the Jews, no justice for Senator for yielding. I think that the Mr. JAVITS. Mr. President, I am very Ukrainians or Armenians, no justice for Senate and the country are .in the Sen grateful to my colleague. To hear him Latvians or Lithuanians or Estonians, no ator's debt again, as they so often are in speak on this subject is like breathing justice for millions of Soviet citizens who matters relating to his people, on these a breath of the fresh air from his won wish to carry on their own cultural and questions affecting Israel and the Jews. derful mountain State, and I thank him religious traditions freely and without The very moderation and the very fac very much. government restriction and control. tual nature of the Senator's statement I urge the current leaders of the Soviet adds enormously to its strength, not only Union to review the question of State in this country but I am sure throughout ORDER FOR RECOGNITION OF policy toward nationalities and religious the world, including Soviet Russia. I am SENATOR GRIFFIN grateful indeed for the leadership that groups. There is no reason why the Soviet The PRESIDING OFFICER. Pursuant Union of the 1970's must continue the he has again given us in this matter. to the previous order, the Senator from If He is moderate in his statement but short-sighted policies of the past. the Texas (Mr. TowER) is now recognized for Soviet Union is self-confident enough to relentless in making the factual points that he has made and raising the ques not to exceed 10 minutes. negotiate arms limitations with the Mr. TOWER. Mr. President, I ask United States, surely the Soviet Union tions that he has raised, which, by the unanimous consent that at the conclu can afford to allow first-class citizenship weight of their rightness, will eventually demand an answer; and I believe help to sion of my remarks, the distinguished for all of its own people. Senator from Michigan (Mr. GRIFFIN ) These are sentiments I have €Xpressed bring about improvement. to responsible Soviet leaders both in this The Senator has made an eloquent bereco~ed. statement on the persecution of Soviet Mr. BYRD of West Virginia. Mr. Presi country and in the Soviet Union. I am dent, reserving the right to object, for pleased to have the opportunity to do Jews. I share his deep concern. For many years, 1 have joined with how long? so again today. I thank the Senator from Mr. TOWER. For 3 minutes. New York for ;-ielding. Senator JAVITS and many other Senators in protesting the reprehensible treatment Mr. BYRD of West Virginia. No objec Mr. JAVITS. I am very grateful to the tion. Senator. of the Soviet Jews. Through public ap pearances and resolutions, my colleagues The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen objection, it is so ordered. ator from New York wanted to be re and I have tried to put some measures of minded of his time. He has an addi pressure on the Soviets to change their tional 5 minutes. policies. Unfortunately, little result has Mr. JAVITS. I thank the Chair. been evident. S. 4434-INTRODUCTION OF A BILL Mr. TOWER. Mr. President, will the Yet we must continue our efforts, for it TO DEREGULATE THE WELLHEAD Senator yield? seems that the Soviets will only alter PRICE FOR NATURAL GAS Mr. JAVITS. I yield to the Senator their behavior when the onus of world Mr. TOWER. Mr. President, on July 29 , from Texas. wide condemnation makes the political 1970, I introduced Senate Resolution 435 . Mr. TOWER I thank the Senator for cost of not changing too great for the This "Sense of the Senate" resolution, yielding, and I want especially to thank Soviets to bear. which was cosponsored by eight other the Senator from New York for again Thus, I urge my colleagues here in the Senators, stated, in essence, that shortage bringing to the attention of the Sen Senate, along with all other Americans, of natural gas existed in many areas of ate, the American peop1e, and the world to make their voices heard in condemn the United States and would probably the level of persecution of the Jev:-s in ing the persecution of Soviet Jews. Such spread to other areas unless correct ive the Soviet Union and the fact that anti conduct has no place in the civilized action were taken. The reso1ution con Semitism exists there, which I think: world. tinued that the primary cause of this renders false the contention that the So Mr. JAVITS. Mr. President, I thank shortage was the unrealistically low price viet Union purports to be an egalitarian the Senator from New Jersey for his of natural gas regulated by the Federal government. kind intercession, and I point out that Power Commission. The resolution con I do not have much optimism that the the moderation in my presentation cluded that the free market mechanism Soviet Union will do much about it, be comes out of my real, genuine desire, in was the best method for determining the cause the Soviets have shown themselves the interests of all the people of my price to be paid to the independent pro to be very slow to respond to moral pres State and of the country, to find as many ducer for his gas. sure from any part of the world on any grounds of common agreement with the The Federal Power Commission h as matter, but I think the Senator from Soviet Union as possible. But I do feel been in the process of redetermining the New York i.s right in continuing to bring that they are really perpetrating a great fair price of gas by normal rulemaking this situation to the attention of the injustice here, and that it will help us, procedures. This is the third attempt in Senate, the country, and the world. and help them, if it can be corrected. the past 15 years to arrive at a fair price. Mr. JAVITS. I thank both my col Mr. HANSEN. Mr. President, will the A decision based on this most recent pro leagues for their statements, which are Senator yield? cedure may result in a somewhat higher extremely helpful. It is the support which Mr. JAVITS. I yield to the Senator price to be paid to the independent one engenders in a body like this that from Wyoming. producer. really makes meaningful such efforts. Mr. HANSEN. Mr. President, certainly Further, the FPC announced a rule Therefore, if I have reawakened con it is most appropriate that the distin making procedure to exempt from all sciences and -given rise to a renewed burst guished Senator from New York should FPC regulations those producers who sell of support, I think it can be very helpful. !.ead off, as he has done so ably here into interstate commerce less than 10 I do not believe the situation in the this morning, in calling the attention of billion cubic feet of gas per year. If en Soviet Union is closed at all. I deeply the world to a continuing injustice that acted as a regulation this rule would believe our views can have a profound is being visited upon the minorities of exempt the producers of about 15 percent effect upon them. Russia. But I join him in saying that of the natural gas which fiows into in I repeat what I said before: There 1s no when he speaks for that minority, I terstate commerce. derogation of friendship or the desire to think he speaks for all minorities every These are steps in the right direction get together on the multitude of things where. His voice is one recommending but not a cure. we have to get together on; but they tolerance, urging the recognition of the Since I introduced the resolution, speak to us very frankly and often very fact that others can be right and others shortages of gas have spread to virtually sharply. and I think we have a perfect do have a place, and certainly I think all areas of the United States and have right to :speak to them in the same way he has made a most significant contri become more severe. where the shoe fits, as I believe it does bution toward the kind of world we hope Recognizing this worsening situation, in thi.s case. someday to be able to live in, in calling I began to consider drafting legislation CXVI---4197-Part 26 34892 CONGRESSIONAL RECORD- SENATE October 5, 1970 which would carry out the intent of Sen correcting the present pricing situation. tain provisions of the Natural Gas Act ate Resolution 435. I do believe that deregulating the price relating to rates and charges shall not I recalled that the vice commissioner of natural gas is the essential element apply to new sales of natural gas in of the Federal Power Commission, Carl to the maintenance of a sound and se interstate commerce for resale by per E. Bagge, had publicly stated in Febru cure domestic natural gas industry. I sons engaged solely in the production, ary and April 1970, that whether or not believe that maintaining such an indus gathering, and sale of natural gas, intro the FPC officially recognized the forces try is in the best interests of the con duced by Mr. TOWER October 5, 1970 CONGRESSIONAL RECORD-SENATE 34895 sound of cheering by Mediterranean So, I salute the concet·t of moderation country, and ordering augmentation of throngs still ringing in his ears. we have witnessed in Congress--and I the 6th Fleet in the eastern Mediter I believe this President, who has rep cannot help commenting that it contrasts ranean. resented all the American people so well, sharply with the caustic rhetoric of some At the same time, he intensified his deserves a bipartisan welcome here at who have been playing politics with the diplomatic efforts. Among other things, home-a welcome as warm and enthusi war in Southeast Asia. he requested the Soviet Union to use her astic as that which he received from the I believe the process of American with good offices to persuade Syria to with Italians, the Yugoslavs and the Spanish drawal from South Vietnam could be fa draw immediately from Jordan to avoid of Europe. cilitated if there were a similar attitude widening of the confiict. This appears to President Tito, the Communist leader of support and cooperation for the Presi have been the turning point. A day or so of Yugoslavia, was prompted to comment dent in connection with the Vietnamese later Syrian tanks began withdrawing. on the warmth of the greeting President confiict. As the crisis eased, speculation cen Nixon received in Yugoslavia. Another Senator from Michigan, the tered on just what infiuenced the Syrian They say we can get people to come out, late Arthur Vandenberg, used to say that, forces to withdraw. According to the but you know, Mr. President, when the country's security is at s·take, best information that seems to be obtain politics stops at the water's edge. The The Yugoslav chief of state remarked: able, there were four principal fa~to1-s: handling of the Jordan crisis by the Pres First. Jordan's military opposition was you cannot get them to smile or to show the ident, with the quiet, nonpartisan sup much stiffer than anticipated. warmth that they showed you. port of Congress, reinforces the continu Second. The Israel mobilization across As leader of the United States in world ing validity of Senator Vandenberg's the Jordan was menacing. affairs, President Nixon continues to sage advice. Third. The United States and other steer the course he set for the Nation 19 Mr. President, it may serve a useful nations with closer Syrian contacts im months ago: Out of an era of confronta purpose to review recent developments pressed on Damascus a sense of the con tion and into an era of negotiation. in the Middle East and to take stock of sequences if it failed to withdraw. To be sure, there have been challenges where things stand now. Fourth. Soviet officials claim they and setbacks--in the Middle East, for ex It will be recalled that President Nixon talked to the Syrians after the Ameri ample. launched his peace initiative in June can request, and it is possible that the But so far, at least, it has been possible when he ooncluded that the time was Soviet approach had an effect on Syria's to avoid the hideous consequences of big ripe. There seemed to be a convergence retreat. power confrontation, or prolonged civil of interests which made it possible to King Hussein probably has emerged war among Arabs in Jordan, of intra move toward negotiation and away from somewhat stronger than he was before. Arab war, and of renewed Arab-Israel hostilities. He has established that he is not going war. It is possible to say that we are still As we know, during the summer, to give up his throne by default. But he on course, moving toward negotiated Egypt was taking a pounding from has by no means scored a clear-cut vic peace. Israel bombing; Israel, in tight economic tory. It is too early to say that his for While saluting the President, I wish straits, felt the costs of aircraft losses mula for compromise can be made to also to pay tribute to fellow Senators for and ammunition expenditure; the Soviet prevail. their willingness to permit the President's Union may have been a bit uneasy about One major new factor seems to have quiet diplomacy to do its work. During its pilots' participation in Egypt's de been the emergence of more world sym the last several weeks we have not heard fense; the United States wanted to re pathy for the Palestinians, not the ex the strident, carping criticism with re duce the chances for big-power con tremists or the hijackers, but the rank spect to the Middle East that President frontation. and file among the refugees. Nixon has heard so frequently as he has In these difficult and dangerous cir Any Arab-Israel settlement will have ·gone about the job of winding down the cumstances, the President, through to recognize, candidly and realistically, inherited war in Southeast Asia. quiet diplomatic efforts in Washington, the Palestinian problem. I am convinced Not many days ago there was talk Moscow, the United Nations, Cairo, that we must deal with Palestinian about the possibility of American inter Amman, and Tel AviY sought to ease the grievances and frustrations with more vention in Jordan to rescue American tensions. His efforts contributed signifi sincerity, just as we must continue to see citizens; some were held hostage, others cantly to achievement of a cease-fire that Israel is not left in an inferior posi were caught in the crossfire of a tragic and a promised mllitary standstill in a tion militarily. civil war. Our 6th Fleet was moved into 50-kilometer zone on both sides of the What have been the effects of recent a position of readiness and military air Suez Canal. events on prospects for peaceful settle transports stood by for a possible evacua Of oourse, we know about the slippage ments of the disputes in the Middle tion effort. in the military standstill, and Israel's East? Meanwhile, the President and his rep September 6 withdrawal from negotia Or.. the negative side: resentatives worked quietly and effec tions when Soviet-Egyptian violations of The momentum toward settlement of tively behind the scenes with leaders of the standstill persisted. the Arab-Israel dispute has been slowed. Jordan, the Soviet Union, and Arab The difficulties in the Middle East Those forces in the Arab world capable States-seeking release of U.S. citizens were multiplied dramatically by the of making a settlement, unfortunately, and the others who were in jeopardy. Palestinians. Because of the cease-fire have been weakened. There is uncer We know now that, through the Presi they apparently believed the world was tainty and even a near paralysis in Egypt dent's calm efforts as well as the efforts preparing to write off their pleas for and Jordan, the two principal Arab of others, American lives were saved, the justice. One radical Communist group hopes for making an accommodation innocent hostages of the Palestinian hi of Palestinians launched the series of with Israel. jackers were released, and a cease-fire, hijackings which aroused the world. An On the positive side, there have been uneasy though it is, continues in effect other Palestinian group intensified its these effects: in Jordan and along the banks of the harassment of King Hussein's govern Opponents of a settlement have suf Suez. ment in Jordan. fered setbacks. Palestinian guerrillas In the Middle East, the President has When the King moved against the have been thrown into disarray. They followed a steady course of persuasion Palestinian guerrillas, the Syrians at will need time to reorganize, to replenish coupled with preparedness. He has con tacked from the North. This provoked their supplies of ammunition and equip sulted with the leadership in Congress. ,Israel to mass forces opposite the ment. We can probably look forward to And the moderate tone of comments from Syrians. a brief period of a lower level of hostility, Capitol Hill has been helpful; it has not At this point, in the face of rapidly if not of inactivity. been disruptive or undercutting. Angry deteriorating conditions, President Nix The cease-fire still holds. Although the comments or demands for harsh reprisals on prudently made several preparatory cease-fire agreement expires November could have precipitated tragic results moves, sending transport aircraft to 5, it could very well be prolonged, either among the volatile oontenders for power Turkey, alerting forces in West Ger by formal agreement or by tacit under in the deserts of Jordan. many, the United Kingdom, and in this standing. 34896 CONGRESSIONAL RECORD -SENATE October 5, 1970 In the diplomatic maneuverings be We may each find separate paths to second, Its misuse as both an unwieldly and fore and after the cease-fire went into solace. Perhaps there is some peace in lnetfectivL debating society and a propaganda effect, Egypt, Jordan, and Israel have knowing that those we mourn today, in platform. made accommodations in their positions the poet's words: I continue to read from the report: which still stand. In other words, they Will not swell the route St!ll, for aU Its achievements the UN has are somewhat closer to an agreement Of lads that wore their honors out. fallen short of the world's hopes. In the than they were before August 7. face of towering international problems of Egypt, Jordan, and Israel, the three And perhaps there is peace only in the securit y, poverty, overpopulation, refugees, principal parties in the dispute, continue strength that comes with resignation human rights, and environmental degrada at least to recognize the United Nations when we say, as we all must say, "May tion, It would be foolhardy to gloss over the Security Council resolution of November God's will be done." deepseated weaknesses of the United Nations. Nor should we encourage unrealistic expec 1967 which lays out the generally ac tations that any conceivable International cepted route to permanent peace in the ORDER OF BUSINESS Instit ution could provide instant solutions to area. problems of the magnitude and complexit y The U.S. initiative of last June is still Mr. BYRD of West Virginia. Mr. Presi of those we now face. alive. It still offers a way out. dent, I suggest the absence of a quorum. Some of the difficulties of the Organization The Nixon administration, I am sure, The PRESIDING OFFICER (Mr. Mc clearly stem from obsolescence: the United intends to keep the dialog open with GoVERN). The clerk will call the roll. Nations today functions as a very d!tferent Egypt, Jordan, Israel, and the Soviet The legislative clerk proceeded to call Institution from that envisaged at San Fran Union. the roll. cisco in 1945. The configuration of Interna Mr. ALLEN. Mr. President, I ask tional power has fundamentally changed This is not a time when anyone can slnce the end of World War n and new ter expect sudden and dramatic solutions in unanimous consent that the order for the rible weapons of mass destruction threaten the Middle East. But there is room and quorum call be rescinded. the world as never before; the concepts and hope for continued progress. The PRESIDING OFFICER. Without priorities of economic development have been Rectification of Soviet-Egyptian viola objection, it is so ordered. markedly altered; rapid advances of science tions of the standstill agreement, mainly and technology are challenging the adapta the movement of defensive missiles on bll!ty of the world's political and legal In the west bank of the Suez, remains a ma TRANSACTION OF ROUTINE stitutions. The Commlss!on believes that the MORNING BUSINESS United Nations system, as presently orga jor aim of U.S. policy. nized, seriously lacks both the means and The course ahead, in the new era of The PRESIDING OFFICER "(e) In addition to the provisions of this as to be quickly and easily accessible to the title, shall not be Interrupted or delayed title, all other Federal legislation providing persons served. pending the initial development of such a for Federal or federally assiSted State re "(1) 'Prevention and tre.a.tment' includes plan. It shall be reviewed annually and sub search, prevention, treatment, or rehabllita all appropriate forms of educa.t!onal pro Initted to Congress with any appropriate re tion programs in the fields of health, educa grams and services (including but not visions as part of the Secretary's annual re tion, welfare, and rehabllitation shall be limited to radio, televiSion, films, books, pam port. The Secretary shall, in developing the ut!llzed to reduce drug abuse, drug depend phlets, lectures, adult education, and school comprehensive Federal plan, consult and col ence, and drug-related crime. courses); planning, coordinating, statistical, laborate with ~11 appropriate publ!c and pri "PART B-DEFINITIONS research, training, evaluation, reporting, clas vate departments, agencies, Institutions, or sification, and other administrative, scien ganizations, and individuals. The plan shall ..,.DEFINITIONS tific, or technical programs or services; and specify how all available health, welfare, edu "SEC. 111. The definitions in title II of this screening, diagnosis, treatment (emergency cational, and rehab!l!tation resources, and Act shall also apply for purposes of this title. care services, inpatient services, intermediate how funds, programs, services, and facilities "'ADDITIONAL DEFINITIONS care services, and outpatient services), voca authorized under existing Federal legisla tional rehabilitation care services, and out "SEC. 112. As used in thiS title: tion, are to be utilized; patient services), vocational reha.bmta.tion, "(b) develop model drug abuse and drug "(a.) 'Court• includes all Federal courts, job training and referral, and other rehabil including any United States magistrate. dependence prevention and treatment plans itation programs or services; but does not for State and local governments, refiect!ng "(b) 'Department' means the Department include law enforcement activities. of Health, Education, and Welfare. the social, geographic, and economic variables "(m) 'Secretary' means the Secretary of of drug and drug dependence problems, and "(c) 'Director' means the Director of the Health, Education, and Welfare. National Institute for the Prevention and utilizing the concepts incorporated In the Treatment of Drug Abuse and Drug De "PART C-NATIONAL INSTITUTE FOR THE PRE comprehensive Federal plan. The model plllLns pendence. VENTION AND TREATMENT OF DRUG ABUSE shall be reviewed on a periodic basiS and re "(d) 'Drug abuser' means any person who AND DRUG DEPENDENCE viSed to keep them current. They shall specify uses any controlled substance under cir uESTABLISHMENT OF THE INSTITUTE how all types of community resources and cumstances that constitute a violation of "SEc. 121. (a) There is hereby established existing Federal legislation may be utilized. law. within the Public Health Service a National "(c) provide assistance and consultation " (e) 'Drug dependent person' means a per Institute for the Prevention and Treatment to State and local governments, public and son who iS using a controlled substance and of Drug Abuse and Drug Dependence to ad private agencies, institutions, organizations, who iS in a state of psychic or physical de minister the programs and authorities as and individuals with respect to the preven pendence, or both, arising from administra signed to the Secretary by thiS title. The tion and treatment of drug abuse and drug tion of that controlled substance on a con Secretary, acting through the Institute, shall dependence; and tinuing basis. Drug dependence is character develop and conduct a comprehensive health, " (d) develop models of drug abuse and ized by behavioral and other responses which education, research, and rehabilitation pro drug dependence treatment and rehab!llta include a strong compulsion to take the gram for the prevention and treatment of t!on legislation for State and local govern substance on a continuous basis in order to drug abuse and drug dependence. ments, which utllize the concepts incorpo experience its psychic effects, or to avoid "(b) The Institute shall be under the di rated In this title. the discomfort of its absence. rection of a Director who shall be appointed "COORDINATION FUNCTIONS OF THE SECRETARY "(f) 'Emergency care service' includes all by the Secretary. "SEc. 124. It shall be the duty of the Sec appropriate short-term services for the acute "(c) The Institute and its programs nad retary, a.ct!ng through the Institute, with effects of drug abuse and drug dependence services shall be staffed with an adequate respect to hiS coordinating functions to-- which (1) are available twenty-four hours a number of personnel, who shall possess ap "(a.) upon request, assist the Civil Serv day, (2) are co=un!ty based and located so propriate qualifications and competence, and ice Oo=isslon, the Department of Defense, as to be quickly and easily accessible to pa some of whom may formerly have been drug the Veterans Administration, and other Fed tients, and (3) provide drug withdrawal and abusers or drug dependent persons. Prior other appropriate medical care and treat eral departments and agencies in the devel drug related criminal arrests or convictions opment and ma.lntenance of appropriate pre ment, professional examination, diagnosis, shall not be a bar to such employment. and counseling with respect to possible drug vention, treatment, and reha.b!llatlon pro dependence, and referral for other treatment "'ADMINISTRATIVE FUNCTIONS OF THE SECRETAllY grams and services for drug abuse and drug and rehabllltation. "SEC. 122. It shall be the duty of the Sec dependence pursuant to part D of this title; "(g) 'Inpatient services' includes all treat etary, acting through the Institute, with re "(b) serve In a consulting capacity to all ment and rehabilltation services for drug spect to his adminiStrative functions to-- Federal courts, departments, and agencies, abuse and drug dependence provided for a "(a) assist Federal departments and agen and to be responsible for assisting In the resident patient while he spends full time in cies in the development and maintenance development and coordination of a. full range a treatment institution. of appropriate prevention, treatment, and of programs, facilities, and services avallable "(h) 'Institute' means the National In rehabilitation programs and services in ac- to them for education, diagnosiS, planning, stitute for the Prevention and Treatment of counseling, treatment, and rehabilitation Drug Abuse and Drug Dependence in the co;.~~~c~:V~!~ s~~~onp;::l~~ ~ t!~t~~e;an with respect to the drug abuse and drug de Public Health Service. evaluation of the adequacy and appropriate pendence problems they encounter; "(!) 'Intermediate care services' includes ness of the provisions relating to the pre "(c) coordinate all Federal social, reha.b!ll all treatment and rehab111tat!on services for vention and treatment of drug abuse and tation, and other efforts to deal with the drug abuse and drug dependence provided drug dependence of all comprehensive State problem of drug abuse and drug dependence; for a resident patient while he spends part health, welfare, and reha.bllltatlon plans sub "(d) encourage and assist State and local time in a. treatment fac111ty (including but mitted to the Federal Government pursuant government programs and services, and pro not limited to a therapeutic co=unity or to Federal law, Including but not limited to grams and services of public and private halfway house which is co=un!ty based those submitted pursuant to section 5(a.) agencies, institutions, and organizations, for and located so as to be quickly and easily of the Vocational Rehab!l!tation Act, sec the prevention and treatment of drug abuse accessible to patients. tion 141 of this title, section 604 of the Public and drug dependence; "(j) 'Outpatient services' Includes all Health Service Act, section 1902 of title XIX "(e) stimulate more effective use of exist treatment and rehabilitation services (in of the Social Security Act, and section 204 of Ing resources and a.valla.ble services for the cluding but not limited to clinics, social cen part A of the Community Mental Health prevention and treatment of drug abuse and ters, vocational rehabilitation services, wel Centers Act: drug dependence; fare centers, and job referral services) for "(c) administer the grants and contracts "(f) cooperate with the National Advisory drug abuse and drug dependence provided authorized under partE of this title· and Councll on Drug Abuse and Drug Depend while the patient is not a resident of a treat "(d) provide assistance to any oth~r serv ence, the Clvll Service Co=lsslon, and ment faclllty which are community based ice or pro.gram, or take any other action, con other appropriate Federal departments and and located so as to be quickly and easily ~~~{!.nt Wlth the Intent and objectives of this agencies, to develop a policy consistent with accessible to patients. this title with regard to Federal employees "(k) 'Peer group assistance' includes all who are drug abusers or drug dependent per prevention, treatment, and rehabilitation "PLANNING FUNCTIONS OF THE SECRETARY sons, involving appropriate programs and services (including but not l!m!ted to tele "SEc. 123. It shall be the duty of the Sec services for the prevention and treatment of phone counseling and Information services retary, acting through the Institute, with re drug abuse and drug dependence among such informal, open-admission faclllt!es for sup~ spect to his planning functions to-- employees; port, guidance, referral, and temporary resi "(a) develop a detailed and comprehensive "(g) assist State and local governments in dence and therapeutic, serf-help, residential Federal drug abuse and drug dependence pre coordinat ing programs among themselves for facilities) for drug abuse and drug depend vention and treatment plan to implement the the prevention and treatment of drug abuse ence primarily organized and operated by objectives and policies of this title. The plan and drug dependence; and persons from s!m!lar social, cultural, and shall be sumitted to Congress as soon as prac "(h) after consulting with national orga age backgrounds as those o! the persons ticable, but not later than one year after nizations representative of persons with served under any such program, in facilities the enactment of this title. Other responsi knowledge and experience In the treatment which are community based and located so blllt!es of the Secretary, as set out In this of drug dependence, report from time to October 5, 1970 CONGRESSIONAL RECORD- SENATE 34901 time to the Congress on appropriate methOdS M(B) Investigate methods fur determ!nlng relevant data and other Information, and in of professional practice ln the medical treat more rapid and precise methods for deter clude bilingual curricula; ment of the narcotic addiction of various mlnlng the extent of drug use by an Indi " (d) establish educational courses, guides classes of drug dependent persons. vidual ln a given time period and the effects and unlts on the causes of, effects of, and "STATISTICAL FUNCTIONS OF THE SECRETARY which Individuals are likely to experience treatment for, drug abuse and drug de from such use, and publish on a current ba pendence, for Federal law enforcement offi "SEC. 125. It shall be the duty of the Secre sis Information concernlng unlform meth cials (including prosecuting attorneys, court tary, acting through the Institute, With re odology and technology for making such personnel, the judiciary, probation and spect to his statist ical functions to-- determinations; parole officers, correctional otficers, and other "(a) gather and publish statistics per "(9) evaluate existing and proposed new law enforcement personnel), Federal welfare, tainlng to drug abuse, drug dependence, and program and services for the prevention and vocational rehabilitation, mU!tary, and vet drug related problems; and treatment of drug abuse and drug depend erans personnel, and other Federal officials " (b) promulgate regulations specifying ence. who come in contact With drug abuse and unlform statistics to be obtained, records to " (b) Any information obtained through drug dependence problems. Such courses, be maintained, and reports to be submitted, investigation or research conducted pursu guides, and unlts should reflect the social, on a voluntary basis by public and private departments, agencies, organizations, prac ant to this title shall be used in ways so geographical, and economic variables of drug titioners, and ot her persons With respect to that no name or identifying characteristics usage and abuse; of any person shall be divulged Without the "(e) develop, assist others to develop, and drug abuse, drug dependence, and drug re encourage the development of educational lated problems. Such statistics and reports approval of the Secretary and the consent shall not reveal the identity of any patient of the person concerned. Persons engaged courses, guides, and units on the causes of, ln research pursuant to this section shall effects of, and treatment for, drug abuse and or drug dependent person or other confi drug dependence for use by appropriate St ate dential information. protect the privacy of individuals who are the subject of such research by withholding and local government and private agencies, "RESEARCH FUNCTIONS OF THE SECRETARY from all persons not connected wt!h the institutions, and organizations, for State and "SEc. 126. (a) It shall be the duty of the conduct of such research the names or other local law enforcement otficials (including Secretary, acting through the Institute, With identifying characteristics of such Indi prosecuting attorneys, court personnel, the respect to his research functions to-- viduals. Persons engaged ln such research judiciary, probation and parole officers, cor " ( 1) conduct and encourage all forxns of re shall protect the privacy of such Individuals rectional officials, and other law enforce search, investigations, experiments, and and may not be compelled ln any Federal, ment personnel), State and local welfare, studies relating to the cause, epidemiology, State, civil, criminal, admlnlstrative, legis vocational rehabilitation, and veterans per sociological aspects, prevention, diagnosis, lative, or other proceeding to identify such sonnel, and other State and local officials and and treatment of drug abuse and drug de Individuals. communlty leaders. Such courses, gu!pes, and pendence; ''TR..A.miNG FtTNCTIONS OF THE SECRET AllY unlts should refiect the social, geographical, "(2) conduct, and encourage and assist and economic variables o! drug usage and others to conduct, all forxns of research, in "SEc. 127. It shall be the duty of the Sec abuse; vestigations, experiments, and studies relat retary, acting through the Institute, With "(f) develop, assist others to develop, and ing to the toxicology, pharmacology, chem respect to his tralnlng functions to-- encourage the development of a broad range istry, effects on the health of drug abusers, "(a) establish lnterd!scipllna.ry and bilin of communlty-oriented education prograxns and danger to the public health, of controlled gual training prograxns for professional and on drug abuse and drug dependence for all substances; paraprofessional personnel With respect to segments of the population, Including inter "(8) coordinate such research With re drug abuse and drug dependence; ested and concerned parents, young persons, search conducted by the Institute and With "(b) encourage the establishment of train community leaders, drug abusers and drug research conducted by other Federal, State, Ing prograxns, including Interdisciplinary and dependents, and other Individuals and groups and local publlc and private nonprofit bllingual training programs, for professional within a communlty. Such programs shall agencies, Institutions, organlza.tlons, and In and paraprofessional personnel, including Include peer group assistance programs and dividuals. To facllltate this activity, the peer group assistance personnel, by State and utilization of former drug abusers, drug de Secretary shall establish and maintain a local governments and by public and private pendent persons, and persons With relevant complete and current register of all medical educational institutions and agencies With backgrounds slm!la.r to those of the persons practitioners and other qualified investiga respect to drug abuse and drug dependence; to be educated; tors engaged ln any form of or research and "(g) evaluate, assist others ln evaluating, on controlled substances; "(c) establish and maintain training fel and encourage the evaluation of curricula, " (4) make available research faclllties and lowships ln the Institute and elsewhere, and guidelines, units, and other informational resources of the Admlnlst ration to appropri provide for such fellowships through grants and educational materials relating to the use ate authorities, health officials, and Individ to public and private nonprofit agencies, in and abuse of drugs. Such evaluations should uals engaged ln investigations or research stitutions, and organlzations. Include an examination of Intended and ac related to the purposes of this title. Such " EDUCATIONAL FUNCTIONS OJ!' THE SECRETARY tual impact of such informational and edu resources shall Include the maintenance of cational materials and the identification of "SEc. 128. It shall be the duty of the Sec an adequate supply of controlled substances strengths and weaknesses in the information for investigational and research purposes, retary, acting through the Institute, with and educational materials; and the establishment of criteria pursuant respect to his educational !unctions to-- "(h) conduct, assist others 1n conducting, to which any registered investigator Is to be "(a) develop, assist others to develop, and and encourage the conducting of preservice authorized to manufacture or otherwise ac encourage the development, of curricula on and inservice tra.inlng programs on drug use quire sufficient controlled substances for his the use and abuse of drugs !or utilization ln and abuse for teachers, counselors, other edu legitimate Investigational and research elementary, secondary, adult and community cational personnel, law enforcement officials, needs; education programs. Such curricula should and other public service and communlty "(5) make grants to public and private refiect the social, geographical, and economic leaders and personnel; nonprofit agencies, orga.nlza.tions, and Insti variables of drug usage and abuse, include "(i) recruit, train, organlze, and employ tutions, and contracts With public and pri relevant data and other Information, and in professional and other persons, including vate agencies, institutions, and organiza clude bilingual curricula; former drug abusers, and drug dependent tions, and Individuals for such research; "(b) develop, assist others to develop, and persons, to organize and participate in pro "(6) establish an information center on encourage the development of curricula on graxns of public educat ion about drug usage such research which wlll gather and con the use and abuse of drugs for utilization by and abuse; tain all available published and unpublished parent-teachers associations, adult education "(j) serve as a clearinghouse for the col data and information. All Federal depart cent ers, private citizen groups, community lection, preparation, and dissemination of all ments and agencies shall send to the In leaders and other parents and adults. Such information relating to drug abuse and drug stitute any unpublished data and informa curricula should refiect the social, geographi dependence, including State and local drug tion pertinent to the cause, prevention, cal, and economic variables of drug usage abuse and drug dependence treatment plans, diagnosis, and treatment of drug abuse and and abuse, Include relevant data and other ava.iiab!lity of treatment resources, trainlng drug dependence, and the toxicology, informat ion, and Include blllngual curricula; and educational programs, stat istics, re pharmacology, epidemiology, Incidence of "(c) develop, assist others to develop, and search, and other pertinent dat a and Infor drug abuse and drug dependence, effects on encourage the development of a broad variety mation; the health of drug abuses, and danger to of Informational and educational materials "(k) coordinate activities carried on by the public health of controlled substances for use in all media to reach all segments of all departments, agencies, and Instrumental and the Institute shall make such data and the population that can be utU!zed by public Ities of the Federal government With respect information Widely available; and private agencies, institutions, and or to health and other educational aspects of " (7) establish and maintain research fel ganizations in informational and education usage and abuse; and lowships In the Institute and elsewhere, and al programs relating to drug use and abuse. "(1) undertake such other activities as the provide for such fellowships through grants Such information and materials should re Secretary may consider Important to a na to public and private nonprofit agencies, In :ll.ect the social, geographical, and economic tional program of education relating t o drug stitutions, and organizations; variables of drug usage and abuse, Include usage and abuse. 34:902 CONGRESSIONAL RECORD- SENATE October 5, 1970 "REPORTING FUNCTIONS OF THE SECRETARY harm of disclosure to the person to whom reallotted by the Secretary, to be available "Sec. 129. It stm be the duty of the Secre such Information pertains, to the physician for the purposes for which made until the tary, acting through the Institute, with re patient relationship, and to the treatment close of such next fiscal year, to other States spect to his reporting functions to-- services, and may condition disclosure of the which have need therefor, on such basis as "(a) submit an annual report to Congress, information upon any appropriate safe the Secretary deems equitable and consistent which shall specify the actions taken and guards. with the purposes of this title, and any services provided and funds expended under No such records or Information may be amount so reallotted to a State shall be In ad each provision of this title and an evalua used to Initiate criminal charges against a dition to the a;mounts allotted and available tion Of their effectiveness, and which shall patient under any circumstances. to the States for the same period. Any contain the current Federal drug abuse and "(b) All patient records and all informa amount allott ed under subsection (a) to the drug dependence prevention and treatment tion contained therein relating to drug abuse Canal Zone or the Trust Territory of the plan; or drug dependence prepared or obtained by Pacific Islands for a fiscal year and remain· " (b) submit such additional reports as a private practitioner shall remain confiden lng unobligated at the end of such year shall may be requested by the President or by tial, and may be disclosed only with the remain available to it, for the purposes for Congress; and patient's consent and only to medical per which made, for the next two fiscal years " (c) submit to the President and to Con sonnel for purposes of diagnosis and treat (and for such years only), and any such gress such recommendations as will further ment of the patient or to Government or amount shall be in addition to the amounts the prevention and treatment of drug abuse other officials for the purpose of obta1nlng allot ted to it for such purpose for each of and drug dependence. benefits due the patient as a result of hiS such next two fiscal years; except that any drug dependence. such amount, remalnlng unobligated at the " PART D--PREVENTION AND TREATMENT FOR end of the first of such two additional years, FEDERAL EMPLOYEES " PART E-FEDERAL ASSISTANCE FOR STATE AND which the Secretary determines will remain LoCAL PROGRAMS "DRUG ABUSE AND DRUG DEPENDENCE AMONG unobligated at the close of the second of FEDERAL GOVERNMENT EMPLOYEES "Subpart !-Comprehensive Stae Plans such additional years may be reallotted by "SEC. 131. (a) The Clvll Service Commis ''COMPREHENSIVE STATE PLANS the Secretary, to be available for the pur sion shall be responsible for developing and "SEc. 141. Section 314(a) (2) of the Public poses for which made until the close Of the malntalnlng, In cooperation with the Secre Health Service Act Is amended to add: second Of such additional years, to any other of such four States which have need there tary and other Federal agencies and depart " ' (L) provide for services for the preven ments, appropriate policies and services tor for, of such basis as the Secretary deems tion and treatment of drug abuse and drug equitable and consistent with the purposes the prevention and treatment of drug abuse dependence, commensurate with tJ::le extent and drug dependence among Federal civilian of this subpart, and any amount so real of the problem, such plan to (1) estimate lotted to a State shall be in addition to the employees, consistent with the purposes and the number of drug abusers and drug de intent of this title. Such policies and services ·amounts allotted and available to the State pendent persons within the various areas for the same period. shall make optimal use of existing govern within the State and the extent of the health mental fac111ties, services, and skllls. Federal "(c) At the request of any State, a por problem caused, (11) establish priorities for tion of any allotment or allotments of such civlllan employees who are drug abusers or the Improvement of the capab111t1es of State who are drug dependent shall retain the State under this subpart shall be available and local governments and public and private to pay that portion of the expenditures same employment and other benefits as other nonprofit agencies, institutions, and organi persons atructed with serious health prob found necessary by the Secretary for the zations with respect to prevention and treat proper and efficient administration during lems and Ulnesses, and shall not lose, solely ment of drug abuse and drug dependence, because they are drug abusers or drug de such year of the State plan approved under and (111) specify how all available commun this subpart, except that not more than 10 pendent persons, pension, retirement, medi Ity health, welfare, educational and rehab111- cal, or other rights. A good fa.lth attempt per centum of the total of the allotments tat1on resources, and how funds, programs, of such State for a year, or $60,000, which shall be made to find appropriate work with services, and faclllties authorized under ex in the Government which does not Involve ever is greater, shall be available for such isting Federal and State legislation, are to purpose for such year. the national security during the employee's be used for these purposes.' rehabllltatlve treatment, rat her than placing " STATE PLANS him on sick leave. "Subpart II-Formula Grants "SEc. 144. (a) Any State desiring to par "(b) The Secretary, acting through the ''AUTHORIZATION iiclpate In this subpart shall submit a State Institute, shall be responsible for fostering "SEc. 142. There is hereby authorized to be plan for carrying out its purposes. Such plan similar drug abuse prevention, treatment, appropriated for the fiscal year ending must--- and rehabllltatlon services in state and lo June 30, 1971, the sum of $10,000,000; for the "(1) designate a single State agency as cal governments and in private industry. fiscal year ending June 30, 1972, the sum of the sole agency for the administration of the "(c) No person may be denied or deprived $20,000,000; for the fiscal year ending June 30, plan, or designate such agency as the sole of Federal employment or a Federal profes 1973, the sum or $25,COO,OOO; for grants to agency for supervising the administration of sional or other license or right solely on the States to assist them in planning, establish the plan; ground of prior drug abuse or prior drug ing, ma.lnta.ining, coordinating, and evaluat "(2) contain satisfactory evidence that the dependence, except with regard to positions ing projects for the development of more ef State agency designated in accordance with Involving national security as specified In fective prevention, treatment, and rehabili paragraph (1) wlll have authority to carry regulations promulgated by the department tation programs to deal with drug abuse and out such plan in conformity with this or agency In which he is employed. drug dependence. subpart; "(3) provide for the designation of a State "(d) Nothing herein shall prohibit the "STATE ALLOTMENT dismissal from employment of a Federal advisory council which shall include repre civilian employee who, as a result of drug "SEc. 143. (a) For each fiscal year the Sec sentatives of nongovernmental organizations abuse or drug dependence and failure to retary shall, in accordance with regulations, or groups, and of public agencies concerned accept appropriate treat ment, cannot prop allot the sums appropriat ed for such year with the prevention and treatment of drug erly function in his employment. pursuant to section 142 among the States on abuse and drug dependence, to consult with the basis of the relative population, finan the State agency in carrying out the plan; "CONFIDENTIALITY OF RECORDS cial need, and need for more effective pre "(4) set forth, In accordance with criteria "SEC. 132. (a) All patient records prepared vention, treatment and rehab111tatlon of drug established by the Secretary, a survey of need or obta.lned pursuant to this title, and all abuse and drug dependence; except that no for the prevention and treatment of drug information contained therein, shall remain such allotment to any State (other than the abuse and drug dependence, including a sur confidential and may be disclosed, with the Canal Zone and the Trust Territory of the vey of the health facll1tles needed to provide patient's consent, only to medical personnel Pacific Islands) for any fiscal year shall be services for drug abuse and drug dependence and only for purposes of diagnosis and treat less than $200,000. and a plan for the development and dis ment of the patient, or to Government or "(b) Any amount so allotted to a State tribution of such facilities and programs other officials for the purpose of obtaining (other than the Canal Zone and the Trust throughout the State; benefits due the patient as a result of his Territory of the Pacific Islands) and re "(5) provide such methods of administra drug dependence or, for research purposes, ma.lning unobligated at the end of such year tion of the State plan, including methods to public or private research organizations, shall remain available to such State, for the relat ing to the establishment and maint e agencies, Institutions, or Individuals whose purposes for which made, for the next fiscal n ance of personnel standards on a merit competence and research programs have been year (and for such year only) , and any such bas is (except that the Secretary shall exer approved by the Secretary. Disclosure may amount shall be In addit ion to the amounts cise no au t horit y wit h respect to the selec be made for purposes unrelated to such allotted to such State for such purpose tor tion, tenure of office, or compensation of any treatment, benefits, or research upon an or such next fiscal year; except that any such individual employed In accordance With such der of a court after application showing amount, rema.lning unobligated at the end met hods) , as are found by the Secretary to good cause therefor. In determining whether of the sixth month following the end of such be necessary for the proper and efficient op- t here Is good cause for disclosure, the court year for which it was allotted, which the eration of the plan; , shall weigh t he need for the information Secretary determines will remain unobligated "(6) provide that the State agency wl ll sought to be disclosed against t he p ossible by the close of such next fiscal year may be make such reports, In such form and con - October 5, 1970 CONGRESSIONAL RECORD-SENATE 34903 taining such information, as the Secretary grants to public and private nonprofit agen "(4) provide education and tra ining for may !rom time to time reasonably require, cies, organizations, and institutions and en professional personnel, including medical, and will keep such records and alford such ter into contracts with agencies, organiza psychiatric, vocational rehabilitation, and access thereto as the Secretary may find nec tions, institutions, and individuals for the social welfare personnel, In academic and essary to assure the correctness and verifica prevention and treatment of drug abuse and professional Institutions and In postgraduate tion of such reports; drug dependence to assist State and local courses about the prevention and treat ment "(7) provide that the Comptroller Gen governments and public and private agencies, of drug abuse and drug dependence, and eral of the United States or hiS duly au Institutions, organizations, and Individuals provide training for such personnel In the thorized representatives shall have access to- adminiStration, operation, and supervision lor the purpose of audit and examination to "(1) (a) meet the costs o! constructing, of programs and services for the prevention t he records specified in paragraph (6); equipping, and operating treatment and re and treatment of drug abuse and drug "(8) provide tha t the State agency will habilitation facllitles, Including but not lim dependence; from time to time, but not less often than it ed to emergency medical, Inpatient, inter "(5) recruit , educate, train, organize, and annually, review its State plan and submit mediate care, outpatient, and peer group as employ community drug abuse and drug de to the Secretary any modifications thereof siStance facilities for drug abusers and drug pendence prevention and treatment person which it considers necessary; dependent persons, and (b) to assist them nel to serve with and under the direction of "(9) provide reasonable assurance that to meet, for the temporary periods specified professional medical, psychiatric, vocational Federal funds made available under t his sub In subsection (c) of this section, a portion rehabilitation, and social welfare personnel part for any period may be so used as to of the costs of compensation of personnel in drug abuse and drug dependence preven supplement and increase, to the extent for the initial operation o! such facilities, and tion, treatment, and rehabilitation pro feasible and pract ical, the level of State, lo of new services in exiSting facilities for drug grams. Prior drug abuse or drug dependence cal, and other non-Federal funds that would, abusers and drug dependent persons; and prior criminal arrests or conviction shall in the absence of such Federal funds, be "(2) Carry out prevention and education not be a bar to such recruitment, education, made available tor the programs described in projects and services, including: training, organization, and employment; thiS subpart, and will in no event supplant " (a) projects for the development of cur " (6) provide services In correctional and such State, local, and other non-Federal ricula on the use and abuse of drugs, in penal institutions for the prevention and funds; and cluding the evaluation and selection of ex treatment of drug abuse and drug depend "(10) contain such additional information emplary existing materials and the prepara ence; and assurance as the Secretary may find tion of new and improved curricular mate "(7) provide services, In cooperation with necessary to carry out the provisions and pur rials for use in elementary, secondary, adult, schools, law enforcement agencies, courts, poses of this subpart. and community education programs and and other public and private nonprofit agen "(b) The Secretary shall approve any State conduct projects designed to demonstrate, cies, Institutions, and organiza.tlons, for the plan and any modification thereof which and test the effectiveness of such curricula; prevention and treatment of drug abuse and oomplies with the provisions of subsection "(b) projects for the dissemination of cur drug dependence among juveniles and young (a). ricular materials and other significant Infor adults. These services, where feasible, shall "APPLICATIONS AND CONDITIONS mation regarding the use and abuse o! drugs Include currtcula for drug abuse education "SEC. 145. (a) For each project pursuant to public a.nd private elementary, secondary, in elementary and secondary schools, and to a State plan approved under this subpart adult, and community education programs; among parents and other adults; for which a grant Is sought from an allot " (c) evaluations of the effectiveness o! cur "(8) provide programs and services In co ment under section 143, there shall be sub ricula tested in use In elementary, secondary, operation with local law enforcement agen mitted to the Secretary, through the State and adult and community education pro cies, the courts, and other public and pri agency designated In accord-ance with section grams; vate nonprofit agencies, institutions, and 144, an application by the State or a politi "(d) projects for the development, evalua organizations, for the Instruction of law en cal subdivision thereof or by a public or other tion, and dissemination or a variety of in forcement otlicers, prosecuting attorneys, nonprofit agency, institution or organiza.. formational and educational materials for court personnel, the judlc:lary, probation and tlon. use in all media to reach various segments parole otlicers, correctional otlicials and legal "(b) The Secretary shall approve such ap of the population that can be utlllzed by aid, public defender, and neighborhood legal plication if (1) there remains sutlicient bal public and private agencies, organizations services attorneys with respect to the causes, ance in the allotment (available for the pur and Institutions in Informational and educa effects, prevention, and treatment of drug pose) determined for such State; (2) the tional programs relating to drug use and abuse and drug dependence. Such programs application is In conformity with the State abuse; and services shall Include, where possible, a plan approved under section 144; (3) he ob "(e) preservlce and lnservlce training pro full range of services available to State and tains assurances that any facility or portion grams on drug abuse (including courses of local courts for diagnosis, counseling, and thereof to be constructed or modernized and study, Institutes, seminars, workshops, and treatment for drug abuse and drug depend any program to be carried out will be avail conferences) for teachers, counselors, and ence for persons coming before the courts; other educational personnel, law enforce able to all persons residing in the territorial and area of the applicant; and (4) he obtains ment otlicla.ls, and other public service and community leaders and personnel; "(9) provide services for outpatient coun assurances that the applicant will keep such seling of drug abusers and drug dependent records, and alford such access thereto, and "(f) community education programs on drug abuse (Including seminars, workshops, persons to Include employment, welfare, make such reports, in such form and con legal, education, and other assistance, in co taining such information, as the Secretary and conferences) especially for parents and other adults in the community; operation and coordination with welfare and may reasonably require. The Secretary may rehabll!tatlon personnel. to the extent he determines it would not in "(g) evaluations of the training and com munity education programs described in " (b) Projects for which grants and con terfere with the objectives of this subpart, tracts are made under this subpart shall be base hiS findings and determinations under clauses (e) and (f), including the examina tion of the intended and actual impact o! community based, and shall include both this subsection on certifications by the State those that provide a comprehensive range agency. such programs, the Identification of strengths and weaknesses in such programs, of services and are Integrated with and In "(c) No application under this section and the evaluation o! materials used in such volve the active participation of a wide range shall be disapproved until the Secretary bas programs; and of public and nongovernmental agencies, or afforded the State agency an opportunity for "(h) community-oriented education pro ganizations, Institutions, and Individuals, a hearing. grams on drug abuse and drug dependence, and those that provide a more selective range "(d) Amendment of an approved applica Including development of a broad range of of services arising from local initiative, edu tion shall be subject to approval In the same community-oriented education programs on cational and peer group assistance programs. manner as an original application. drug abuse and drug dependence for all seg " (c) The amount of any Federal grant "Subpart III-Project Grants ments of the population, Including inter made under subsection (a) of this section, "AUTHORIZATIONS ested and concerned parents, young persons, except with regard to certain grants made community leaders, drug abusers and drug under paragraph (1) of subsection (a.), shall "SEc. 146. There are hereby authorized to not exceed 100 per centum of the cost of be appropriated $20,000,000 for the fiscal year dependents, and other individuals and groups within a community. Such programs the program or project specified In the ap ending June 30, 1971; *45,000,000 for the fis plication for such grant. The amount o! any cal year ending June 30, 1972; and $70,000,000 shall include peer group assiStance programs and utilization of former drug abusers, drug Federal grant made under paragraph (1) (a) for the fiscal year ending June 30, 1973, to of subsection (a) of this section to meet costs carry out the provisions of this subpart. Any dependent persons, and persons with relevant appropriated funds shall remain available backgrounds similar to those of the persons of constructing and equipping the facllltles until expended. to be educated. referred to in such paragraph shall not ex " (3) conduct research, demonstration, and ceed 90 per centum o! the cost of the pro "GRANTS AND CONTRACTS FOR THE PREVENTION evaluation projects, including surveys and gram or project specified in the application AND TREATMENT OF DRUG ABUSE AND DRUG field trials, looking toward the development for such grant. The amount of any Federal DEPENDENCE of improved, expanded, and more elfectlve grant made under paragraph (1) (b) of sub "SEc. 147. (a) The Secretary, acting methodS of prevention and treatment of section (a) of this section to meet the through the Institute, Is authorized to make drug abuse and drug dependence; costs of compensation of personnel and other - ---- 34904 CONGRESSIONAL RECORD-SENATE· October 5, 1970 operating costs may be made only of the supplement and increase, to the extent fea "(1) in the .first sentence thereof, by in period beg1nnlng With the first day for which sible and practical, the level of State, local, serting 'the National Advisory Council on . such a grant is made and ending With the and other non-Federal funds that would in Drug Abuse and Drug Dependence; im close of eight years after such :first day; the absence of such Federal funds be made mediately after 'the National Advisory and such grants may not exceed 90 per available for the program described 1n this Mental Health Council,'; and centum of such costs for each of the first two subpart, and Will in no event supplant such "(2) in the second sentence thereof, by years after such first day, 80 per centum State, local, and other non-Federal funds. inserting 'the National Advisory Council on Drug Abuse and Drug Dependence,' lnunedl of such costs for the third year after such "APPROVAL BY NATIONAL ADVISORY COUNCIL first day, 75 per centum of such costs for the ately after 'the National Advisory Mental ON DRUG ABUSE AND DRUG DEPENDENCE Health Council,' and by inserting 'drug abuse fourth and fifth years after such first day, "SEC. 149. The Secretary, upon the recom and 70 per centum of such costs for each of and drug dependence; immediately after mendation of the National Advisory Council 'psychiatric disorders.' the next three years after such first day. on Drug Abuse and Drug Dependence, is "(d) An amount, not to exceed 5 per "(b) Section 217(b) of such Act is authorized to make grants under subpart m amended, in the second sentence thereof, by centum of the amount appropriated pur of this part. suant to the provisions of this part for any inserting 'drug abuse and drug dependence,' fiscal year, shall be available to the Secre "Subpart IV-~neral immediately after 'mental health,'. tary to make grants to local public or non UGENERAL "(c) Section 217 of such Act is further amended by adding at the end thereof the profit private organizations to cover up to "SEC. 150. (a) Whenever the Secretary 100 per centum of the costs (but In no case to following new subsection: finds a failure to comply with the terms of a "'(d) The National Advisory Council on exceed $100,000) of projects for assessing grant or contract made or entered Into under local needs for programs of services for drug Drug Abuse and Drug Dependence shall ad thiS part, be shall, after reasonable notice vise, consult With, and make recommenda abusers and drug dependents, designing such and opportunity for a bearing, terminate programs, obtaining local financial and pro tions to the Secretary on matters relating to payments until be is satisfied that there wUl the activities and functions of the Serv fessional assistance and support for such no longer be any failure to comply. programs In the community, and fostering ice in the field of drug abuse and drug de "(b) The exclusive remedy of anyone ad pendence. The Council is authorized (1) to community Involvements 1n Initiating and versely affected by a final action of the Secre developing such programs In the community. review research projects or programs sub tary under subsection (a) of this section is to mitted to or Initiated by it in the field of In no case shall a grant under this sub appeal to the United States court of appeals section be for a period in excess of one year; drug abuse and drug dependence and recom for the circuit in which it is located by filing mend to the Secretary, for prosecution nor shall any grant be made under this sub a petition With such court Within sixty days section With respect to any project If, for any under this Act, any such projects which it after such final action. A copy of the petition believes show promise of making valuable preceding year, a grant under this subsection shall be forthwith transmitted by the clerk bas been made With respect to such project. contributions to human knowledge with re of the court to the Secretary. The Secretary spect to the cause, prevention, or methods of "APPLICATION FOR FINANCIAL ASSISTANCE FROM thereupon shall file With the court the record diagnosis and treatment of drug abuse and UNITS OF LOCAL GOVERNMENT AND PRIVATE of the proceeding on which he based his ac drug dependence, and (2) to collect informa ORGANIZATIONS tion, as provided in section 2112 of title 28 tion as to studies being carried on in the "SEC. 148. (a) In administering the pro of the United States Code. Upon the filing of field of drug abuse and drug dependence and, visions of this subpart, the Secretary shall such petition, the court shall have jurisdic With the approval of the Secretary, make require coordination of all applications for tion to affirm the action of the Secretary or available such information through the ap programs in a Rtate and, in view of the local set it aside, in whole or in part, temporarily propriate publications for the· benefit of na.ture of the drug abuse problem, shall not or permanently. Until the filing of the record, health and welfare agencies or organizations give precedence to public agencies over pri the Secretary may modify or set aside his (public or private), physicians, or any other vate nonprofit agencies, institutions, and or order. The find!Il,1s of the Secretary as to the scientists, and for the information of the ganizations, or to State agencies over local facts shall be conclusive If supported by sub general public. The Council is also authorized agencies. stantial evidence, but the court, for good to ·recommend to the Secretary, for accep "(b) Each applicant from Within a State, cause shown, may remand the case of the tance pursuant to section 501 of this Act, upon filing its application With the Secre Secretary to take further evidence, and the conditional gifts for work in the field of drug tary, shall submit a copy of its application Secretary may thereupon make new or mod abuse and drug dependence; and the Secre for review by the State agency designated in Ified findings of fact and may modify his pre tary shall recommend acceptance of any such accordance With section 144, if such an vious action, and shall file in the court the gifts only after consultation With the agency exists, and lf no such agency exists, by record of the further proceedings. Such new Council.' the State agency responsible for administer or modified findings of fact shall likeWise be ing the State comprehensive plan for treat conclusive If supported by substantial evi "APPROVAL BY COUNCIL OF CERTAIN GRANTS ment and prevention of drug abuse and drug dence. The judgment of the court alflrming UNDER COMMUNITY MENTAL HEALTH CENTERS dependence, lf such agency exists. Such State or setting aside, in whole or in part, any ac ACT agency shall be given not more than thirty tion of the Secretary shall be final, subject to "SEC. 152. Section 266 of part E of the days from the date of receipt of the appli review by the Supreme Court of the United community Mental Health Centers Act is cation to submit to the Secretary, in writing, States upon certiorari as provided in section amended- an evaluation of the project set forth in the 1254 of title 28 of the United States Code. " ( 1) by striking out "Grants" and inserting application. Such evaluation may include The commencement of proceedings under in lieu thereof: comments on the relationship of the project this subsection shall not, unless so specifical .. '(a) Except as otherwise provided in sub to other projects pending and approved and ly ordered by the court, operate as a stay of section (b) , grants•; and to the State comprehensive plan for treat the Secretary's action. "(2) by adding at the end thereof the ment and prevention of drug abuse. The "ADMISSION OP DRUG ABUSERS AND DRUG DE following new subsection: State shall furnish the applicant a copy PENDENT PERSONS TO PRIVATE AND PUBLIC "'(b) Grants made under this title which of any such evaluation. A State, lf it so de HOSPITALS are primarily intended for use in the preven sires, may, in writing, waive its J,"ights under "SEc. 150A. (a) Drug abusers and drug tion or treatment of drug abuse and drug thls section. dependent persons shall be admitted to and dependence may be made only upon recom "(c) Approval of any application by the treated in private and public general hos mendation of the National Advisory Council Secretary, including the earmarking of fi pitals on the basis of medical need and shall on Drug Abuse and Drug Dependence estab nancial assistance for a program or project, not be discrimlnated agalnst solely because lished by section 217(a) of the Public Health may be granted only If the application sub of their drug abuse or drug dependence. No Service Act.' stantially meets a set of criteria established hospital that violates this section shall re "PART 0-INTERGOVERNMENTAL COORDINATING by the Secretary that-- ceive Federal financial assistance under the "(1) provide that the activities and serv COUNCIL ON DRUG ABUSE AND DRUG provisions of tbls Act or any other Federal DEPENDENCE ices for which assistance under thls subpart law adminlstered by the Secretary. No such is sought Will be substantially administered action shall be taken until the Secretary has "ESTABLISHMENT OF COUNCIL by or under the supervision of the appli advised the appropriate person or persons of "SEc. 161. (a) For the purpose of coord cant; the failure to comply with thls section, and inating all Federal Government prevention, "(2) provide for such methods of ad provided an opportunity for correction or a treatment, and rebabllltatlon efforts with re ministration as are necessary for the proper hearing. spect to drug abuse and drug dependence, and efficient operation of such programs or "(b) Any action taken by the Secretary of ooordinatlng such Federal efforts with projects; pursuant to this section shall be subject to State and local government efforts, and of "(3) provide for such fiscal control and such judicial review as is provided by sub developing an enlightened policy and ap fund accounting procedures as may be neces section 150(b) of this title. propriate programs for Federal employees for sary to assure proper disbursement of and the prevention and treatment of drug abuse accounting for Federal funds paid to the "PART F-THE NATIONAL ADVISORY COUNCIL and the rehabilitation of drug dependent per applicant; and ON DRUG ABuSE AND DRUG DEPENDENCE sons, there is hereby established an Inter "(4) provide reasonable assurance that ''ESTABLISHMENT OF COUNCn. government Coordinating Council on Drug Federal funds made available under this sub "SEc. 151. (a) Section 217(a) of the Public Abuse Control consisting of the Secretary who part for any period will be so used as to Health Service Act is amended- shall serve as Chairman, the Attorney Gen- October 5, 19.70 CONGRESSIONAL RECORD-SENATE 34905 era! of the United States, the United States "BROADER TREATMENT AUTHORITY IN PUBLIC records of such recipients that are pertinent Commissioner of Education, the Director of HEALTH SERVICE HOSPITALS FOR PERSONS to the grants or contracts entered Into the National Institute !or the Prevention and WITH DRUG ABUSE AND DRUG DEPENDENCE under the provisions of thiS title under other Treatment or Drug Abuse and Drug De PROBLEMS than competitive bidding procedures. pendence, the Director of the National In "SEc. 172. (a) Part E of title lli of the stitute of Mental Health, four representatives Public Health Service Act Is amended as of State and local government departments "SEC. 183. Payments under this title may follows: be made in advance or by way of reimburse or agencies. "(1) Section 341(a) of such part Is " (b) The President shall designate the four ment and in such installments as the Secre amended by striking 'addicts' the second time tary may determine." representatives of Federal departments or it appears and inserting the following: 'drug agencies who shall serve on the Coordinat abusers and drug dependent persons'. AMENDMENT No. 1027 Ing Council, and shall appoint the four repre "(2) (A) Sections 342, 343, 344, and 346 of sentatives of State and local government de such part are each amended by inserting On page 87, between lines 12 and 13, In partments or agencies. The State and local 'drug abusers and drug dependent persons' sert the following new section: government representatives shall serve for In lleu of 'narcotic addicts' or 'addicts' each '"CLASSIFICATION OF CONTROLLED SUBSTANCES terms of four years, staggered so that one place they appear In those sections. vacancy occurs each year. A State or local SEC. 412. In order to provide relevant In "(B) The section heading of section 342 of formation to the judiciary for their discre government representative may be reap such part Is amended by Inserting 'DRUG pointed Immediately after serving less than tionary consideration and use in determining ABUSERS AND DRUG DEPENDENT PERSONS' in lieU a full term, and may be reappointed after a appropriate sanctions In cases involving vio Of 'ADDICTS'. lations of sections 401 or 404 of this title, the four-year hiatus after serving a full term. "(3) Section 342, 343, and 344 and of such "(c) The Coordinating Council may ap Attorney General, utilizing the procedures part are each amended by Inserting 'drug established in section 201 of thiS title for the point such technical consultants as are abuser or drug dependent person' In lleu of deemed appropriate for advising the Council classification of controlled substances, shall •narcotic addict' or 'addict• each place they classify every controlled substance within tn carrying out its functions. The services of appear in those sections. consultants obtained under thiS section may one of the following three classes: "(4) Sections 343, 344, and 347 of such part "(1) Class A Controlled Substances.-This be obtained in accordance with section 3109 are each amended by Inserting 'drug abuse or title 5 United States Code, at rates !or class shall include those controlled danger tndividuais not in excess of the dally equiva or drug dependence' in lieu of 'addiction' ous substances that have the most harmful lent paid for positions in G&-18 of the Gen each place It appears in those sections. effects on the health of drug abusers or that eral Schedule In section 5332 of title 5, United " ( 5) Section 346 of such part Is amended most significantly contribute to crimes of by Inserting 'or substance controlled under violence against persons or to other grave States Code. the Controlled Substances Act' immediately 11 felonious conduct. FUNCTIONS OF COUNCll. after 'habit-forming narcotic drug'. "(2) Class B Controlled Substances.-Thls "SEC. 162. The Coordinating Council IS au "(6) The heading for such part IS amended class shall include those controlled danger thorized and directed to-- to read as follows: ous substances that have intermediate "(a) assist the Secretary in carrying out " 'PART E--DRUG ABUSERS AND DRUG harmful effects on the health of drug abusers its function of coordinating all Federal pre DEPENDENT PERSONS' or that make an intermediate contribution vention, treatment, and rehabilitation ef "RESEARCH UNDER THE PUBLIC HEALTH SERVICE to crimes of violence against persons or to forts to deal with the problems of drug abuse ACT IN DRUG ABUSE AND DRUG DEPENDENCE other grave felonious conduct." and drug dependence; " (3) Class C Controlled Substances.-Thls "(b) assist the Secretary In carrying out "SEc. 173. (a) Section 507 of the Public class shall include those controlled danger its function of coordinating such Federal ef Health Service Act (42 U.S.C. 225a) IS ous substances that have the least harmful forts with State and local governments; amended by striking out 'available for re effects on the health of drug abusers, or that "(c) engage In educational programs search, training, or demonstration project least significantly contribute to crimes of among Federal employees, and in other ap grants pursuant to this Act' and inserting in violence against persons or to other grave propriate activities, designed to prevent drug lieu thereof 'available under this Act tor re felonious conduct." abuse and drug dependence; search, training, or demonstration project On page 2, in that part of the Table of "(d) implement programs !or the re grants or for grants to expand existing treat Contents relating to Part D of title n, Insert habllltation of Federal employees who are ment and research programs and facllltles immediately at the end of Part D the fol drug dependent persons; and for alcohol abuse, alcohollsm, drug abuse, lowing: "(e) develop and maintain any other ap and drug dependence, and appropriations available under the Community Mental Sec. 412. Classification of Controlled Sub propriate activities consistent with the pur stances." poses or this title. Health Centers Act for construction and staffing of community mentr.l health cen "PART H-PROGRAMS UNDER COMMUNITY ters and alcohol abuse, alcoholism, drug AMENDMENT NO. 1028 MENTAL HEALTH CENTERS ACT RELATING TO abuse, and drug dependence facilities'. On page 64, between lines 17 and 18, insert DRUG ABUSES AND DRUG DEPENDENCE "(b) By Inserting Immediately before the the following: "BROADER AUTHORITY UNDER COMMUNITY MEN- period at the end thereof the following: •, " ( 4) Any person who, in violation of this TAL HEALTH CENTERS ACT except that grants to such Federal institu Act, distributes a small amount of mari "SEC. 171. (a) Part D of the Community tions may be funded at 100 per centum of huana for no remuneration shall be subject Mental Health Centers Act is amended as the costs'. to the penalties provided In section 404 of follows: "PART I-GENERAL this title." "(1) Sections 251, 252, and 253 of such part "SAVING PROVISION The summary of Mr. HuGHES, pre (42 u.s.a. 2688k, 26881, and 2688m) are each "SEc. 181. It any section, provision, or sented by Mr. CRANSTON, is as follows: amended by inserting 'drug abusers and drug term of this title is adjudged tnvalld for dependent persons' in lieu of 'narcotic ad SUMMARY OF SENATOR HUGHES' SUBSTITUTE any reason, such Judgment shall not affect, AMENDMENT TO TITLE I OF H.R. 18583 dicts' each place those words appear in those impair, or invalldate any other section, pro sections. vision, or term of this title, and the remain Senator Hughes' substitute amendment to "(2) Clauses (A) and (C) of section 252 ing sections, provisions, and terms shall be H.R. 18583 establiShes the administrative of such part are each amended by inserting and remain in full force and effect. structure necessary to mandate and carry 'drug abuse and drug dependence' in lieu of out effective, coordinated and broadly based 'narcotic addiction'. •'RECORDS attack upon the drug epidemic in this coun "(3) The heading of such part is amended "SEc. 182. (a) Each recipient of assistance try. It deals with the prevention, treatment, to read as follows: under thiS title pursuant to grants or con and rehabllltatlon side of the drug prob tracts entered into under other than com lem. (Titles II and III of H.R. 18583 deal " 'PART D-DRUG ABUSE AND DRUG DEPENDENCE petitive bidding procedures shall keep such with the law enforcement aspects of the PREVENTION AND REHABILITATION' records as the Secretary shall prescribe, in 'problem, and the substitute amendment "(b) PartE of such Act is amended as fol cluding records which fully disclose the does not a.lfect or change those two titles.) lows: amount and disposition by such recipient The substitute amendment, which IS model "(1) Section261(a) ofsuchpartisamend of the proceeds of such grant or contract, ed after the Comprehensive Alcohol Abuse ed by inserting 'drug abuse and drug de the total cost of the project or undertaking and Alcoholism Prevention, Treatment and pendence' in lieu of 'narcotic addiction•. in connection with which such grant IS Rehab11itation Act of 1970, which passed the "(2) Sections 261(c) and 264 are each given or used, and the amount of that por Senate unanimously earlier this year, amended by Inserting 'drug abusers and drug tion of the cost of the project or undertaking would: dependent persons' in lleu o! 'narcotic supplied by other sources, and such other 1. Establlsh a National Institute for the addicts'. records as will facilitate an effective audit. Prevention and Treatment of Drug Abuse "(3) The section headings for sections 261 "(b) The Secretary and Comptroller Gen and Drug Dependence within the Publlc and 263 are each amended by striking out eral of the United States, or any of their Health Service of the Department of Health, 'AND NARCOTIC ADDICTS' and inserting in lleU duly authorized representatives, shall have Education, and Welfare. The Secretary of thereof ', DRUG ABUSERS AND DRUG DEPENDENT access for the purpose of audit and examina HEW, acting through the Institute, would PERSONS', tion to any bookS, documents, papers, and ha.ve a comprehensive range of responsibili- ----· 34906 CONGRESSIONAL RECORD- SENATE October 5, 1970 ties with respect to the prevention, treat couragement of treatment and rehabilitation become the moet Important Democratic of ment, and rehabilitation of drug abuse and programs for all Federal civilian employees. ficeholder In the U!llted States. drug dependence problems. Those respon 5. Retain (at various locations in the A sleepy policeman hardly noticed me as siblllties include administrative, educational, amendment), with minor modification, the I entered the bulldlng and walked down a training, research, planning, coordinating, proviSions contained in Title I of H.R. 18583, deserted first floor corridor to Mansfield's statistical, and reporting ftmctlons, all of as sent to the Senate by the House. These offices. When I tried the door, I found It which are spelled out in the amendment. provisions broaden certain authorities under -locked. Light came through the transom; These powers would be utilized and directed the Public Health Service Act, which now so I knocked, softly, I thought, but the noise In accordance with a specific and comprehen relate only to narcotic addiction, so that they echoed In the empty hall. A moment later sive national drug abuse and drug depend relate to drug abuse and drug dependence Mansfield, dressed In a baggy black sport ence prevention, treatment, and rehabilita generally; establish educational and special coat and blue trousers, opened the door and tion plan, which would be designed and Im project programs; protect the privacy of In let me in. plemented by the Secretary, acting through dividuals who are the subject of research; He was alone, as he is so much of the the Institute, and which would be submitted and authorize the Secretary to report to Con time. He invited me Into hiS private office, annually to Congress for review. gress on appropriate methods of professional motioned me to a chair, and without another (An Institute will have a stature com practice in the medical treatment of nar word sat down and resumed signing the mensurate with the magnitude of the health cotic addiction. letters piled on hiS desk. problem with which it will deal; the visl An early riser since hiS days as a young blllty necessary to attract strong financial copper miner in Montana, Mansfield Is gen support and to provide an effective pro NOTICE CONCERNING NOMINA erally the first Senator on Capitol Hill every gram of public education and to develop TIONS BEFORE THE COMMITTEE morning. He had been at work half an hour public attention to and concern about this ON THE JUDICIARY by the time I arrived. important problem; and a permanent status As I looked around the plainly furnished which will assist the development of the Mr. HRUSKA. Mr. President, on be otlice with Its Charles Russell sketches of most qualified staff possible. In addition, It half of the Senator from Mississippi the Democratic attack on Nixon's economic ably the most respected Republican mem leagues. I operate on the basis that I treat policies. ber of the Senate, and he is quite protective my colleagues, regardless of seniority or po Mansfield opposed the President's decision of Mansfield among his colleagues. Aiken litical dl1ferences, the way I would. like to to invade Cambodia and was one or the serves as a valuable antenna for Mansfield, be treated. I don 't desire power as such. I'd leaders of the long Senate debate over Cam picking up rumblings among Senators and like to get away from it. I !Ike to get by on bodia which ended in Senate approval or the passing them on to Mansfield. cooperation, understanding, and mutual Cooper-Church amendment limiting Presi Back In his office by 8:20, Mansfield looked trust. I have no desire to be In a position dential war-making power in Southeast Asia. over more Montana mall and then called in where I can crack a whip. I don't want to Tough and partisan as Mansfield has been a secretary to dictate answers. His letters are tell people what to do. on many Issues, he has generally supported chatty-"Dear Folks.... Must close now, "Senators are mature," Mansfield con Nixon on Vietnam. An opponent of American but again thanking you for your good letter." tinued. "They can arrive at a judgment. I Intervention from the beginning, he never His letters are as candid as most of his sometimes say to a man: "If you're in doubt, theless has backed Nixon's carefully phased speeches. When a schoolgirl wrote to ask give your leader the benefit or the doubt.' withdrawal because he feels the President Is whether he was concerned about the effects But I have rarely specifically asked a man moving in the right direction and should be or DDT on plant and animal life, Mansfield t o vote a certain way." given a chance. replied, "Yes, but I have not been concerned Mansfield does have several levers of power, However much the liberals in the Senate enough." however. In addition to being chairman of respect Mansfield, some feel that by failing By 9:30, when most Senators and Repre the Democratic Polley Committee, he also to criticize> the President's slow wit hdrawal sentatives are just arriving on Capitol Hill, heads the ot her two Senate bOdies which of troops from Vietnam, Mansfield has lost Mansfield has signed 150 letters; read his represent Democratic Interests: The Senat e a good deal of the moral authority he had mall, a couple of newspapers, and the Con Democratic Steering Committee, which as- . built up on the Vietnam issue. These crltlcs gression al Record; dictated some letters; signs Democratic Senators to committees, argue that Mansfield may think he Is acting turned other letters over to his staff; con and the Senate Democratic Conference, like a statesman but that In fact he has ferred with Mrs. DIMichele, his principal which includes all Democratic Senators but quieted his persuasive voice at a time when secretary, and Dockstader, his administrative which meets Infrequently. Nixon would seem to need more prodding assistant. Of these Institutional bases of power, the than support from those who want to see us "Let's go over to the other joint," he said Steering Committee is the most important, bite the bullet and get out of Vietnam. to me as he picked up a bund.!e of papers and there is grumbling among younger Dem Sitting In his office that morning, however, from his desk. He quickly walked downstairs, ocrats over Mansfield's faUure to try to de Mansfield resembled neither a leader nor a where a Capitol policeman pressed a buzzer fuse the power still exercised by the southern statesman . Although sixty-seven years old three times to call a Senate subway car. As oligarchs on the committee. Mansfield has and a Capitol H111 veteran with ten years we rode to the Capitol, I asked Mansfield If enlarged the committee, but It is still domi of service in the House of Representatives he ever tired. "Oh, yes," he replied, "I find nated by southern and western conserva and seventeen In the Senate, he reminded me I don't have the vim and vigor I used to tives. more of a freshman Senator d111gently at have." "The Steering Committee is the key to tending to his mall. Mansfield Is up for re When he arrived at the basement of the power in the Senate;• a liberal Democrat ic election this year, but his political base is Capitol, Mansfield gave a crisp, "Good morn Senator told me. "The committee has in Its solid In Montana, where he was an Asian his ing, men," to the college students who serve hands the modest matter of a Sen!ltor's ca tory professor at the state university !or a as elevator operators. One took us to the reer. It decides whether you're going to be decade before being elected to the House second floor, where Mansfield walked a few on the Appropriations Committee or the In 1942. steps to the office right off the Senate cham Sioux Uprising Centennial Committee. The Six feet tall and trim at 173 pounds, Mans ber which he occupies as majority leader. southern power structure stUl has altogether field looks like a man straight out of the old The office, presided over by Mrs. Salpee too much power there, and the South is West. His face Is open and weathered, his Sahagian, is one of those marvelous Capitol sanctimonious about seniority only as long features are clean cut, his eyes are clear, and Hlll suites redolent of the nineteenth cen as It works for them. he speaks with the deliberateness of a west tury, with crystal chandeliers and a marble As morning turned into afternoon, I cou ld ern sherl1f. His black hair is greying at the fireplace topped by a huge mirror trimmed see from the gallery that Mansfield was be temples, but he stUl looks !Ike he could In gold. coming Impatient with the progress being spend the day riding the range. The three room sulte Includes a confer made on the bill under debate. He would By 7:30, two of Mansfield's principal aides, ence room which Capitol Hill reporters call leave the floor, go to the Democratic cloak Peggy DiMichele and Ray Dockstader, had "Mike's Jackie Kennedy room." Mansfield room for a few minutes, walk down the hall arrived. Without so much as a "Good morn was close to John F. Kennedy and greatly to his office, and then be back in the cham Ing" from the Senator, they started bringing admired both President and Mrs. Kennedy. ber, talking with Charles Ferris, counsel t o In the day's mall !rom Montana. Kennedy used the conference room as his the Polley Committee; Frank Valco, the sec Mansfield got up from his desk and t urned Capitol office from when he was nominated retary of the Senate; and Stanley K!mmett, on a radio to catch the morning news. When for President In July 1960 until his inaugu who Is secretary to the Democratic major he switched off the radio, I asked him why ration In January 1961, and Mansfield still ity. Ferris, Valco, and Kimmett try to act as he spent so much time wit h the day's mall. has three portraits of Kennedy as well as a eyes and ears for Mansfield, and they also Mrs. DIMichele had told me, "If there's any picture of Mrs. Onassls in prominent places keep track of which Senators want to speak thing number one In this office, It's the mall." on the walls of the room. or offer amendments. She said Mansfield is probably the only Sen The Senate was meeting early that day, at WhUe debate continued to drone on, Mans ator who does not u se robotypewrlters for 10:30 rather than noon, and a few minutes field moved around the Senate chamber. He form letters that are then signed by auto before the session was to begin Mansfield spoke with Scott and the two most Important matic signature machines. left h is office and walked Into the Senate southern oligarchs, Richard Russell of Geor "I never intend to forget the people who chamber where page boys were bustling gia and John Stennis of Mississippi. As usual, put me here and keep me here," Mansfield about, straightening chairs a.nd putting Mansfield managed to get a consensus, and he sald. "If a man takes the time to write me, I papers on desks. soon was asking, and obtaining, unanimous think he deserves a real answer. I see all the As Mansfield entered from the rear, he saw consent for an agreement limiting debate on mall from the state, and I read and sign a group of reporters clustered around Hugh each amendment to twenty minutes. every letter that goes out of this office to Scott, the Senate Republican leader. Scott Alt hough the influence of the South h as Montana." was standing at his desk, at the front of the declined in the Senate during the last ten By 8:00 Mansfield finished signing the mall chamber and across the center aisle from to fifteen years, southern senators still have left on his desk the evening before, and It Mansfield's. more seniorit y than Senators from other was time for the most famous breakfast In Mansfield went over to a side aisle to walk parts of the country. Russell Is chairman of Washington. Each morning at 8 :00, Mansfield to the front or the chamber to avoid dis the Appropriations Committee, Stennis Is and George Aiken of Vermont, the senior turbing Scott. As soon as the reporters saw chairman of Armed Services, and Russell Long Republican of the Senate, go through the Mansfield, however, they broke off their of Louisiana is chairman of Finance-th e cafeteria line in the New Senate Office Build questioning of Scott and went over to Mans three most powerful Senate committees. Ing and sit down together for breakfast. The field to ask him about the effect o! amend Mansfield's relations with the southerners breakfasts began In 1953 on Mansfield's first ments to the education blll scheduled to be are good, even though his policy of lettin g a day In the Senate, when Aiken ran Into him debated that day. Mansfield parried most of hundred flowers bloom in the Senate has In the cafeteria and they ate together. the questions. tended t o dilute southern senatorial power. "They're just like two old buddies sitting A buzzer sounded, the reporters scurried, In mldafternoon Mansfield went back to around a potbellied stove in a country store Mansfield said a few words to Scott, and the his office to sign some more mail, glance at every morning," a friend of Mansfield's said. two of them bowed their heads as another the afternoon newspapers, and have lunch, Aiken, a short, white-haired man in his Senate session started with a prayer. by himself, at the end of his conference seventies with the granite look or New "The majority leader has very little power,'' table. He quickly ate his usual lunch of well England, is, like Mansfield, a man of few Mansfield 'told me later when we talked about done roast beef and sliced tomatoes. A bad words, and they only spend fifteen minutes his role in the Senate, "and what authority day in the Senate? "Oh, so-so," he replied or so together at breakfast. Aiken is prob- you have is on sufferance from your col- with some resignation, "but what the hell!" CXVI-2198-Part 26 34908 CONGRESSIONAL RECORD-SENATE October 5, 1970 His spirits seemed to revive later when a say that often he trends to take a position But--the small minority who will con constituent dropped by for a visit. He turned on an Issue before he thinks It through, but tinue to disrupt in pursuit of disruption, out to be an old friend, Eugene Etchart of when he realizes he has made up his mind who are violent in pursuit of violence, and Glasgow, Montana, a cattleman who was in too quickly he sometimes will reverse him Washington for a meeting of the Public Land self. As for the husbanding of his time, this who destroy in pursuit of destruction, Review Commission. Mansfield greeted him leads occasionally to his aides telling him must be stopped. warmly and ushered him into his conference what they think he wants to hear rather Last year, I introduced legislation in room for a cup of coffee. than presenting both sides of a question. the Senate which would allow a college After asking Etchart about the weather But by being direct and not wasting time, president to seek a Federal court order back home, Mansfield started talking about Mansfield manages to keep on top of one of to prevent the serious disruption of an two of his favorite topics-crime in Wash the most dilllcult jobs in politics. And one institution assisted by Federal funds. I ington and the lack of it in Montana. Two has the feeling that he is still trying to make Montanans have been killed in Washington up for the time he lost as a youth and young am confident that my proposal would street crimes during the last two years, and man. protect the right of all students to pur their deaths have led Mansfield to make sev Born in Greenwich V!llage of Irish Catho sue their education on a campus free eral Senate speeches about the need for more lic parents, Mansfield grew up in Great Falls, from violent interruptions, and in an at policemen and other efforts to control crime. Montana. At fourteen, before he finished the mosphere free from harassment and co "We don't know how lucky we are, Gene," eighth grade, Mansfield left home and joined ercion. My bill places the burden of main Mansfield said, "Montana Is an oasis in this the Navy. Ht" was discharged when World taining campus order upon university world today. Watch your coffee, Gene, don't War I ended In 1918, but he then enlisted in administrators by giving them the discre let it get cold." the Army for a year and, to make his tour Just then buzzers sounded In Mansfield's of the services of that pre-Air Force time tion and authmity to petition the Federal office, indicating another vote in the Senate, complete, finally enlisted in the Marines for courts. and after instructing one of his secretaries to two years. While in the Marines he served In Under my proposal, any person refus take Etchart up to the Family Gallery to China, and this was the beginning of his ing to leave a building included in the watch the vote, Mansfield was on his way lifetime Interest in Asia. court's injunction order could receive a back to the Senate chamber. Returning to Montana in 1922, Mansfield fine, or prison sentence, or both. My pro As Mansfield hurried off, It occurred to me settled in Butte, got a job in the copper posal provides stricter fines and longer that he had not been on the telephone all mines, and married a school teacher. His tenns of imprisonment for outside agita day, and that not once had I seen him sur wife encouraged him to take high-school rounded by aides as he walked down Senate equivalency tests which would make it pos tors who are not faculty members of stu corridors. His staff Is in fact unusually small, sible for him to go to college. Mansfield at dents in good standing. The difference in and he does not even have a press secretary. tended the Montana School of Mines In penalties emphasizes the importance of Talking with Mansfield later in the after Butte in the late 1920's while he was still separating the legitimate expressions of noon In the conference room of his Capitol working in the mines and then went on to university community grievances from office, I asked him about his relations with the University of Montana in Missoula, the attempt of a few ininerant anarchists President Nixon. Mansfield sat back In a where he got both a bachelor's and a mas to cause confusion for confusion's sake. leather chair and said: "He calls me very ter's degree. Upon graduation he took a job Had my bill been law during the past often, on legislative matters and situations, teaching Far Eastern and Latin American on Asia. Sometimes he asks for my views, history at the university. Spurred on by his academic year, I believe that much of the sometimes I just give him the benefit of my wife again, Mansfield became interested in violence and property destruction suf views. I've had twelve or thirteen breakfasts politics. "There's a little bit of political blood fered on our college campuses could atone with him. He seemed particularly In in all the Irish,'' he says. have been averted. terested In the follow-up trip to Asia and Ru And even though it was now late in the Administrators, along with the great mania that I undertook for him last year and afternoon, Mansfield hurried off to the Sen majority of responsible faculty and stu seemed to be appreciative of the private re ate chamber to see whether his goal for the dents must act now to rescue higher edu port I gave him on the trip. We're not Inti day-the passage of an education b!ll mate friends, but we have a decent and tol would be met. And it was. cation from the chaos of raving radical erant understanding of each other. By the time the Senate had finished its ism and roving violence. It is time that "My feelings about Vietnam," Mansfield final vote, it was getting on toward 6:30, and the universities take steps to drive their explained to me, "came largely from the Mansfield had been on Capitol Hlll for al own guerrillas out into the open and French defeat there. I always thought that most twelve hours. But it was not yet time withdraw the protective sanctuary of the if the French could not win there, what to go home. Making one final check with campus. should make us think we could? I always Mrs. Sahagian in his Capitol office, Mansfield We all have a stake in the quality of thought the analogy with Korea was false, hurried off to catch an elevator and take too. But very few people agreed with me. I the quick Senate subway ride back to his education provided for those who will warned President Johnson against going Into other office in the Old Senate Office Building lead our Nation in the future, and I call Vietnam; Dick Russell warned him, too. But to see what news the rest of the day's mall upon the Congress to act immediately on I can see the President's point of view. He and telephone calls had brought from Mon the President's recent proposals to put a had a lot of experts around him who thought tana before going home for a quiet dinner stop to the terroristic bombings on our we should go ln." with his wife In his modest home off Fox university campuses. In addition, col His early warnings against American in hall Road. leges and universities which receive, and volvement In Vietnam have made Mansfield popular among students. He receives many expect to continue to receive, Federal invitations to speak on college and univer SENATOR SCOTT DEPLORES funds should adopt effective procedures sity campuses. CAMPUS VIOLENCE to deal with the violence and terror "I think the young people are great," tactics which have swept our campuses. Mansfield told me. "They're more intelligent Mr. SCOTT. Mr. President, as the new and their eyes are open. We should not find academic year begins, I call upon all fault with them. If they have faults, they are college administrators to take a firm ADDRESS BY MRS. FRED R. HARRIS probably attributable to their parents. What stand against campus violence and polit TO UNITED STEEL WORKERS OF we should do is encourage them to put their ical disruption. We must assure that energies into useful channels. Both political colleges and universities retu1n to the AMERICA parties, for example, need them. They'll learn role of providing an education. Mr. BAYH. Mr. President, Mrs. Fred through experience, and basically their intent R. Harris, wife of the distinguished senior is sound." We cannot ask the taxpayer to sup I had been talking with Mansfield for more port educational institutions which do Senator from Oklahoma, addressed the than an hour, and he was becoming restless not educate. It is not fair to parents who United Steelworkers of America at their and obviously wanted to get back to the Sen sacrifice to pay for their son's or daugh national convention in Atlantic City on ate chamber. When I thanked him and he ter's education to let a small minority September 30, 1970. started to excuse himself, he said, "That was deny them that education. Mrs. Harris, as president of Americans a long one." Mansfield has a well-deserved I stand firmly behind the right to for Indian Opportunity, and as a mem reputation for giving unusually succinct an peaceful disagreement. Many of the ques ber of the National Steering Committee swers for a politician. Whenever he is on a tions being asked by our college students of the Urban Coalition, has been most Sunday television interview program, his questioners are ready with twice as many need to be asked. Most are sincere in active in fighting for full citizenship topics as usual. He has answered sixty ques their concerns. We in government must rights for all Americans. tions in a thirty-minute television program. work to convince these students that dis I think the Senators and other readers Mansfield's directness and the careful way ruption is not an answer and that their of the RECORD will find Mrs. Harris' re he husbandS his time are both strengths and actions serve only to further polarize our marks most interesting. Particularly ap weaknesses. Those who work closely with him Nation. propriate is her plea for the progressive October 5, 1970 CONGRESSIONAL RECORD-SENATE 34909 forces in America to maintain their "The Indian Is never alone. The life he forded them has been almost subhuman; strength as a coalition. leads Is not his to control. That Is not per their living quarters little better than mitted. Every aspect of his being Is affected I ask unanimous consent that the text and defined by his'relatlonshlp to the Federal hovels, their food almost at the starva of Mrs. Harris' address be printed in the government." t~on diet point, and what little medical RECORD. But that Is all changing. It Is changing on attention they get is far from adequate. There being no objection, the address the reservation. And It Is changing In the And yet, these men have refused to was ordered to be printed in the RECORD, cities, where nearly one-hal! of all American allow themselves to become part of the as follows: Indians now live. Communist propaganda barrage against Indians everywhere are beginning to orga STATEMENT OF MRs. FRED R. HAruus their homeland. They have, even under nize In their own communitl-just as work I am deeply honored to be Invited here. ers did thirty and forty and fifty years ago. torture, refused to sign statements at Your President, I. W. Abel, Is a close friend They are bringing political pressure to bear tacking the United States and its posi of mlne and of my husband. And the United on the people In Washington. tion vis-a-vis Vietnam. They have re Steelworkers of :America, under his leader They are rebuilding pride In Indlanness. fused at all points to degrade them ship, Is one of the most progressive forces In They want to throw out the degrading text selves by denouncing their country. this country. books and bring their ch!ldren home !rom The courage of these men is an in Without organized labor, not a single piece faraway schools. of the great domestic legislation of the 1960's spiration to us all, and a mainstay of They are demanding compensatory atten hope to their families here at home. could have been enacted Into law. tion to their health, housing, education and And, today, labor Is stm the single strong job needs. These brave and loyal men need our est voice In America !or health Insurance, for They are Insisting that they themselves help, and we must do all that is possible housing, !or consumer protection and !or must control their own schools and hospitals for us to do if we are to ease their lot and other progressive legislation. and other programs. They want to make return them safely to their homes and Working men and women can and will de their own decisions and do things their own loved ones. cide the election and reelection of progres way. sive Senators and Congressmen this Novem American Indians are asserting the basic ----- ber. American right to be different and stm be PRESIDENTIAL ELECTION IN CHILE So, as a citizen, I commend you !or what entitled to the full promise of America. you have done and for what you are doing Mr. DOMINICK. Mr. President, on In this struggle, we need the help-but September 23, 1970, the Washington !or our country. not the control~! our friends and allles. And, as a woman and as a member of the That's why I am so proud o! this great union Post published a column on one of its Comanche Indian Tribe, I thank you for your and the Interest you have shown In our editorial pages by Mr. Ralph Dungan, at Invitation to appear before this great Con cause. present Chancellor of Higher Education vention. Women, too, are beginning to assert their in New Jersey and formerly Ambassador There Is much similarity between the rights. A lot of men are beginning to un to Chile from 1964-67. struggle !or recognition and power that labor derstand that dlscrlmlnatlon against women unions went through In the :first decades of This article in etrect says that the Is no longer tolerable. United States should not be concerned this century and the fight that Is going on Women are excluded from many jobs they today to secure full citizenship !or black can perform as well as, or better than, men. by the popular vote received by Mr. people, American Indians, Chicanos, Puerto They are paid less !or the same Jobs. Quotas Allende for President of Chile, even Ricans and other Spanish-speaking Ameri keep them out of medicine and other profes though he was on the Socialist ticket and cans-and women. sions. We are wasting human resources. actively supported by the Chilean Com I would especially like to speak about the Discrimination against women must yield munist Coalition. needs and aspirations of two of these tonewlaws. · It seemed to me that this article groups-Indians, who, as you know, are a Day care centers must make real wom omitted a number of very pertinent facts minority In America today, but once were the an's right to a job. And day care must be majority; and women, who of course, are the more than caretaking. It can and must be which should concern the citizens of the real majority In America, though the men an educational and warmly enriching ex United States, not the least of which is of this country wm not yet admit It. perience for the children of working mothers. that a Soviet-influenced base in the con Most Americans have not thought much Full equality for women and !or Ameri tinental South America might be a very about dlscrlmlnatlon against Indlans-dls can Indians, black people and other minor disrupting influence in all the Western crlmlnatlon that is not quite as visible or ities Is wholly compatible with the idea that Hemisphere. overt as the kind that black people still ex the progressive forces In America must main For such reasons, on September 25, perience. But It Is no less harmful for being tain their strength as a coalition. In !act, 1970, I wrote a letter to Mr. Bradlee, more subtle. there Is no other way to achieve our mutual By every measure, the ":first Americans" goals. executive editor of the Washington are still the last Americans. American In· There Is great danger today that the pro Post, reciting these adverse factors and dlans stlll rank far behind everyone else In gressive forces In America wm be divided asking that my letter be published in health,. education, housing, employment and from each other !or reasons that have noth the editorial page. Income. Ing to do with their fundamental Interests. As of this date, October 5, 1970, some The average age of death of the American I! either reactionary or radical words areal 15 days after my letter to Mr. Bradlee, Indian Is forty-four years-compared with lowed to divide working people and their I have not had even the courtesy of an sixty-tour !or all Americans. Infant mortal n atural allies, we will all suffer. Ity Is three times as high. Unemployment Is America needs leaders who can carry mes acknowledgment, much less any publi ten to twenty times greater. sages of reconciliation across our no-man's cation of my letter. Since I find this Indian children complete an average of land. But reconciliation alone Is not enough. somewhat hard to understand, since it less than 9 years of school--compared wit h Act ion, too, Is required. We must work to lends added credence to the charges that more than eleven years completed by non get her to get action. the Washington Post prints only one Indian children. The average Income of an We need each other to make up a major side of an argument; and since the Indian family In America Is only $30 a week. Ity. There can be no mass movement with Why Is the picture so bad? How did It Chilean Congressional election among out the masses. You need us, and we need is happen that Indians, who once owned this you. The vested Interests are our common the top three candidates scheduled continent, are even worse off today than adversary. for October 15, 1970, I ask unanimous black people, who were brought here as Chief Joseph of the Nez Perce might have consent that Mr. Dungan's article and Slaves? been speaking for all Indians, !or all mi my letter reply be printed in the RECORD . To begin with, Indians are the only people norities, as well as for working men and There being no objection, the material In America that t he government decided, women, when he said In 1897: was ordered to be printed in the RECORD, consciously and purposefully, to wipe out- "Let me be free--free to travel, free to either through outright kUling or by de as follows: stop, free to work, free to trade where I CHILE : TEST OF AMERICAN MATURITY st ruct ion of their food sources and by ob choose, free to choose my own teachers, free literation of their culture. to follow t he religion of my fathers, free to (By Ralph A. Dungan) Those who survived were forced to settle think and t alk and act !or mysel!." Whatever else follows, the recent Chilean on land that no white man wanted--at least election-In which a socialist, Salvador Al at that time. lende, with some Communist Party support But, even then, the Indian was not left was the victor-provides an opportunity for alone. His own way of life was destroyed. His AMERICAN WAR PRISONERS SHOW the United States government to demon children were made pitifully dependent upon EXTRAORDINARY BRAVERY strate a maturity In the conduct of its for the government, not allowed to make deci eign relations which would be as refreshing sions for himself. Mr. HANSEN. Mr. President, for more as the Chilean situation Is novel. An eloquent book, Our Brother's Keeper, than 5 years now there are Americans Several characteristics of the election can describes precisely the kind of life reserva who have been held prisoner by the be acknowledged by almost any objective ob tion Indians have endured. It states: North Vietnamese. The treatment af- server. As has been true historically In Chile, 34910 CONGRESSIONAL RECORD-SENATE October 5, 1970 the elections were as honest as elections are his ideological convictions, he is too intelli candidate and siphoned off enough of the anywhere-perhaps more so. Participation gent and sophisticated an observer not to Democratic electorate to permit the Com was high, as usual, and proportionately high realize that doctrinaire SOlutions usually munists to slip into first place. er than in most Western countries. don't work. Mr. Dungan suggests that our government Demagoguery, last minute incidents or ex In any event, the central tact is that the exercise its "maturity" in foreign relations ternal events do not seem to have distorted Chilean people have chosen and are In the by doing and saying nothing. I would sug the results. To the extent that there were process ot completing a constitutional and gest that a far more mature approach would seriously disturbing factors present, the ur free election. It would be most unfortunate be to reveal these facts positively and clearly ban terrorism attributed to and sometimes it anything interrupted the process which and to urge the Christian Democrats to claimed by the MIR (Revolutionary Left will determine Chile's destiny. support second-place Alessandrl where the Movement) was more likely to have bene "surge" clearly lies. Given this Christian fitted center-right candidate Sr. Allesandrl. SEPTEMBER 25 , 1970. Democrat support on October 24, Sr. Ales The election by almost every standard was Mr. BENJAMIN C. BRADLEE, sandrl has stated that he would accept the honest, orderly and In the best Chilean and E:z:ecuttve Edi tor, presidency only to call ne.w popular elec Western tradition. Washington Post, tions, would withdraw his party from those Therefore, there Is every reason for us •.o Washington, D.C. elections and resign, making the issue clearly adhere fully to our principle of self-deter DEAR MR. BRADLEE : I WOuld appreciate it one ot Communism vs. Democracy. mination and mainta-In strictly neutral pos if you carry this answer to some of the The states are great and should be pointed ture as the Chilean people move to com comments and implications set forth in out. Allende definitely "owes" the Commu plete the constitutionally prescribed process Ralph A. Dungan's article, "Chile: Test of nist s-meaning, in fact, the Soviet Union on Oct;. 24. On that date a joint session of the American Maturity," which appeared on which backs Chile's Communist Party. Only Chilean Congress will decide In a runoff bal your editorial page September 23. the incurable optimist can imagine the So lot which ot the three candidates will be Mr. Dungan's thesis is that Salvador Al viets ignoring the opportunity provided by president. U it adheres to tradition, Sr. Al lende, Marxist candidate for President ot Chile's 2,700 mile coastline to lodge them lende having the largest plurality, will be Chile, who squeaked through to a thin selves in the Pacific. The Panama Canal named. plurality over two other opponents, should would then be fianked on both oceans and It can be predicted safely that the period be confirmed in omce. Mr. Dungan also states our hemisphere security rendered very peril preceding the runoff will be marked by po that Allende, a Socialist, "with some Com ous. litica.l jockeying as the Christian Democrats munist Party support was the victor .. ." If the Christian Democrats vote for a seek to gain whatever advantage their large Allende did not arrive at his thin plurality Communist on October 24, they will be re number ot seats In the Congress will yield "with some Communist Party support." He sponsible for bringing to power in Chile after the poor third-place showing Of their was chosen specifically by the Communist a regime that will see to it that 1970 is candidate, St. Tomic. Party to form the Popular Unitary Move the last year of the free election in Chile. One can also expect some panic reaction ment, a Communist-manipulated front. This I do not believe that we exercise "maturity" on the part Of the wealthy and relatively is not the first time a Communist Party has by staying quiet in the face of these facts. large petty bourgoisie. It· will be diflicult in used a front to destroy a democratic system. In short, an Allende endorsement by Chile's deed to stem the flow of currency into for In a post-election press conference, Al Congress on October 24 can only result In eign banks, the relatively unimportant capi lende said that he would tear up Chile's con setting back decades of patient work trying tal market, like similar institutions In other stitution, characterized by him as "bour to build hemispheric defense and hemis countries, will no doubt be chaotic. These geoise and oligarchic," and replace it with pheric solidarity. None of these considera and other manifestations of unrest and one representative of a "peoples' govern tions are addressed by Mr. Dungan. anxiety are to be expected given Sr. ment" incorporating a one-house legislature And then there ls Castro's Cuba. Allende Allende's rhetoric during this n.nd previous rubber stamp to be called a "peoples' assem has been a frequent visitor to Havana, sup campaigns. bly." This is pure Communist rhetoric known ports Fidel Castro's subversive Latin Ameri And the reaction m ay be more than the to all who follow the world scene. can Solidarity organization and finds in fragile social and economic structure of It should be of considerable concern to peo Castro-Communism a desirable model for Ohile can stand. Some elements of the mili ple around the world that Allende also Chile. A large group of Chileans, called tary might make a move, as they have prom threatens to do away with Chile's free press "Chilean Residents for the Cuban Revolu ised, to prevent Allende's taking power. Or and substitute "press cooperatives." tion," have been ~n Havana for years train the MIR, taking advantage of the confusion, In foreign affairs, if confirmed In power on ing themselves to build another Cuban revo might make a desperate move. Or, less October 24, Allende said: "I have clearly lution In their own country. Whether they likely, one of Chile's neighbors might stated that I will have relations with Cuba, stay in Havana or return to Chile to carry threaten. North Korea, China and the Democratic Re out their destructive purpose may well await But the democratic process does not guar public of Germany," and threatens to use the outcome of October 24. antee stabllit y; it only guarantees people the five-country Andean Pact to split the Sincerely, tree choice In the selection of their govern Organization of American States. PETER H. DOMINICK , ment. A majority (more than 60 percent) of Mr. Dungan also implies that Allende came U .S. Sen at or. the Chilean people, quite predictably, have to power by plurality because of growing Indicated their desire for a government ot sympathy among Chile's electorate for Marx the left and apparently at least a third of the ist programs. In fact, and despite showing BOARD OF GOVERNORS OF U .S. electorate is not concerned with a Marxist up his Socialist-Communist combine with POSTAL SERVICE label. Radical Party and pro-Communist Christian It is hoped that Chileans and Chile's Democrats, Allende's support dropped by Mr. JAVITS. Mr. President, I take this friends outside the country will view the three percent over what he received in 1964. opportunity to express my congratula recent election in some perspective and will The Christian Democrats by 1970 ran a very tions to those selected by President Nixon speak and act with restraint. Foreigners es poor third, losing a whopping 575,000 votes to serve on the Board of Governors of the pecially should recognize that despite the over what they polled when they won in new U .S. Postal Service. very substantial progress brought about un 1964. Therefore, Mr. Dungan's statement der the Frei government, continued rising that the Christian Democrats made "very These nine distinguished individuals expectations, unsolved problems like infla substantial progress" while in power the represent a solid cross section of the tion, and the desire for a change were impor past six years is certainly not translatable country and have a broad variety of pro tant factors in the election. into Chilean votes. fessional experience. Chile, like other modern democracies, has Where, then, did the votes go? To the Mr. Nixon's nominees include. Mr. a large swing vote not clearly committed to conservative Nationalist Party which came Theodore W . Braun, of California; Mr. party or ideology. This swing vote is young In right behind Allende, only one and one Charles H . Codding, Jr., of Oklahoma; and left-leaning and looking for solutions. half percent off the pace. Translated into Mr. William J. Curtin, of Washington, The choice of aging, rigid Jorge Allesandri as congressional seats (there was no election D .C.; Mr. Patrick E. Haggerty, of Texas; the candidate of the Conservatives was poor for Congress In 1970) , the Nationalists would ly calculated to attract center-left elements have dropped !rom his present total of 80 to Mr. Andrew D. Holt, of Tennessee. which could have made the difference In this somewhere around 74 or 75; the Christian Mr. George E. Johnson, of lllinois; Mr. close race. Democrats would have fallen from 75 seats Frederick R . Kappel, of New York; Mr. Then there is Sr. Allende himself. A man to fewer than what the Nationalists com Crocker Nevin, of New York, and Mr. historically In opposition, he has no recent mand today. And, the vote In Congress Myron A. Wright, of Texas. governmental experience. He is intelligent would "be something else" on October 24. These key men will have the responsi and committed. Above all he is a Chilean A word about the Christian Democrats. bility for the overall operation of the new and can be expected to look for, as he has Mr. Dungan, as U.S. Ambassador to Chile su ggested, solutions which will suit the Chil from 1964-1967, must know that they played postal system. ean character and spirit. He will inherit the role of "spoiler" in 1970. All the polit Facing this tremendous challenge, I large problems including a huge external Ical Indicators and polls showed six months know enough members of this group to debt, a probable decline In copper prices, and ago that the Christian Democrats had no feel that as responsible and well qualified endemic Inflation. Taking nothing away from chance of winning. Yet, they fielded their individuals they will make every effort October 5, 1970 CONGRESSIONAL RECORD- SENATE 34911 and take every step essential to make the government and army jobs. The Chiang Gov cerned with the expense of solving it. They U.S. Postal Service the kind of mail sys ernment maintains that there is no discrim will pass that on to the consumers. And the ination. consumers are wUllng to pay. tem the Nation needs and deserves. Largely because of Taiwan's prosperity and the Government's secret pollee, the inde pendence movement has remained weak. It DISCRIMINATION IN DISGUISE VISA FOR PROF. MING-MIN PENG, ls estimated that there are 3,000 or 4,000 po LEADER IN FORMOSAN INDE litical prisoners in Taiwan. Mr. DOMINICK. Mr. President, for PENDENCE MOVEMENT Mr. Peng was arrested in 1964 on charges years we have been expanding programs of trying to overthrow the Government. He and spending billions of dollars of tax Mr. FULBRIGHT. Mr. President, on was sentenced to eight years ln jall, but was funds to fight poverty. Many citizens September 28, 1970, I was pleased to re released after he had served only 13 months have enthusiastically supported these ef ceive, in answer to an inquiry I made of and placed under house arrest. He managed fects even though there have been recur the Department of State, their reply that to escape to Sweden in January and was ring reports of failures, wasting of funds Dr. Ming-min Peng, a noted proponent granted asylum there. Many of the Taiwanese students who come at all levels, overpayment of inadequate of the Formosan Independence move to the United States to study-about 1,500 personnel, and increasing numbers of ment, has been granted a nonimmigrant each year-join the Independence movement. low-income people and poverty. visa to enable him to accept a research One of the objections the Nationalists re Recently I recieved a report from a position at the University of Michigan. portedly raised against Mr. Peng's admis young woman who had been a music Dr. Peng was arrested on Formosa in sion was that he would become Involved In supervisor and teacher's aide in a school 1946 for advocating the overthrow of the movement. for migrant children located in Colorado. Generalissimo Chiang Kai Shek and de Last Aprll, Chiang Chlng-Ku son and heir This young lady, although only 16 years apparent of General Chiang, was fired at by claring the independence of Formosa. a gunman at the Plaza Hotel in New York. old, is obviously highly intelligent and Earlier this year, he escaped from house The pollee Identified the gunman as a mem very thoughtful. Her name is Vicki Eng arrest to Sweden. ber of the Taiwan Independence movement. lish, and she is presently working with Recalling my long and vain interces "Up With People." She is the daughter sion in the early sixties on behalf of of some very fine citizens in Wiggins, another Formosan, Dr. Liao, exiled then OREGON NEWSPAPER APPLAUDS Colo., and would like to help people help in Japan, it appears to me that the De CLEAN AIR LEGISLATION themselves. partment's action in Dr. Peng's case After her summer experience in this shows greater maturity and reality. I Mr. HATFIELD. Mr. President, I was school for migrant children, Miss Eng wish to commend it on its decision. pleased to note an editorial by the East lish comes to the conclusion that many I ask unanimous consent to have Oregonian of Pendleton, Oreg., ap of our idealistic and well-promoted pro printed in the RECORD an article from the plauding the Senate's recent passage, by grams in fact perpetuate minority New York Times of October 1, 1970, com unanimous consent, of the air quality groups, create instead of extinguish dis menting on the case of Dr. Peng. standards legislation. crimination, multiply problems, and There being no objection, the article I invite particular attention to the downgrade children. was ordered to be printed in the RECORD, editorial's assertion: This report is so well written and so as follows: That 73 to 0 vote ln the Senate accurately poignant that I believe it should be con U.S. ADMrrS A FOE OF CHIANG REGIME--PRO refiects, we think, the temper of the Amer sidered by all Senators; hence I ask FESSOR WHO FLED T.UWAN WILL TEACH AT ican people. unanimous consent that it be printed in MICHIGAN I ask unanimous consent that the the RECORD. (By Robert M. Smith) editorial be printed in the RECORD. There being no objection, the report Special to The New York Times There being no objection, the editorial was ordered to be printed in the RECORD, WASHINGTON, Sept. 30.-The United States was ordered to be printed in the RECORD, as follows: has issued a visa to Peng Mlng-min, a mem as follows: DISCRIMINATION IN DISGUISE ber of the Taiwan independence movement DEADLINES ESSENTIAL (By Vicki Engllsh) who escaped !rom house arrest in Taiwan early this year and fted to sweden. The Senate has passed, 73-0, legislation We all know that we can't get something American offi.clals say the visa was granted which sets a series of deadlines over a five for nothing. Right? Well, I happen to know to Mr. Peng, a law professor, over strong ob year period In which national air quality quite a few people who might disagree with jections of the Chinese Nationalist Govern standards would be set and enforced. The you. ment, which regards him as a revolution most rigorous requirement would force auto I recently had the opportunity to work ary bent on overthrowing President Chiang mobile tnanufacturers to begin mass produc ln a six-week sUinmer migrant program. Kal-shek. tion of cars emitting 90 per cent less pollu For years this give-away program has been While American sources indicated that the tants by no later than Jan. 1, 1975. The promoted and carried through on a huge decision had been made on the ground that deadline could be extended one year if the federal budget. The tiny rural town of Wig there was no legal basis tor refusing a visa, manufacturers could show they had ex gins, Colorado, in which the school is lo it is clear that the Taiwan independence pended every effort in good faith and could cated, is In the heart of sugar beet coun movement will take encouragement from the not meet the ea.rller deadllne. try. Every summer toward the last of May move. It is known that the decision was The legislation came out of a committee hundreds of Mexlcan-Amerlcan laborers made at a high level ln the State Depart of which Sen. Edm' md Muskle of Maine is come to work the fields when the beets are ment. chairman. It goes far beyond pollution legis ready to hoe, so naturally the bulk of chll The sources said the move did not signi lation enacted In the House and the.t points dren recruited for migrant school are the fy a change In American attitudes toward the to a potential brawl within a conference children of these workers. Actually, any Chinese Nationalist Government. They in committee. chlld that has resided In Colorado for less dicated that, whatever friction developed, Most of the auto manufacturers insist that than five years, and whose parents engage Taiwan must continue to rely on Amer they don't know how to build effective con in any phase of agriculture is ellgible, but ican support. trol devices. Sen. Muskle and many others many people are not aware of this. ln the Senate concluded that the manufac It sounds great, doesn't lt? The migrant TO TEACH IN MICHIGAN turers would make no effort unless they were school keeps the children out of the field, Mr. Peng wlll reportedly leave Stockholm faced with deadllnes. takes them swimming and to the zoo, al soon tor the University of Michigan, where After hearing a lengthy discussion of this lows them to watch "Sesame Street" ln color, he will teach. He is a graduate of McGlll problem at a meeting of the American So keeps them well fed, and just generally University and holds a law degree from the ciety of Newspaper Editors this year we de keeps them out of the way-"baby-sits" In University of Paris. cided that only one of the big three auto other words. The Taiwan independence movement holds bullders Is trying to solve the problem. The In only two days working as a teachers' that the Island should be governed by the others have done virtually nothing and don't aid, I began to change my mind about the Chinese of Taiwan instead of by Chinese intend to unless forced to. greatness o! such a program. Besides wit Nationalists who Bed the malnland in 1949 That 73 to 0 vote in the Senate accurately nessing a tremendous waste of money and after the Communist take-over. The Taiwan refiects, we think, the temper of the Ameri food, It seemed to me I was witnessing a ese constitute about 85 percent of the is can people. A nation that has the technical much sadder waste--the waste of llttle chll land's population. knowledge to put a man on the moon can dren's lives. Suddenly I realized we were not The Taiwanese resent the mainlanders be solve this problem. Auto manufacturers who doing all the "good" the program was sup cause the Taiwanese are excluded from high resist tackling the problem need not be con- posed to do tor these so-called "disadva.n- 34912 CONGRESSIONAL RECORD-SENATE October 5, 1970 t&ged children". In reallty. we were doing I happen to be the daughter of a. farmer. (They were also free, and she had just suc those children a. great. injustice, and. in my so I have seen other ways the "hand-out" ceeded in sp1lllng nearly half of her art pa.lnt mind, serving them one of tlle worst pos programs have done more harm than good. on them.) The six-year old looked at me with sible kinds of discrimination-treating them These programs have nearly ruined the puzzled surprise and replied, "But Miss Eng as though they really were "disadvantaged". farmer and the field o! agriculture, by mak lish, they're just tennis shoes." There are many free, give-away programs ing him subservient to the government. In Why aren't we more concerned with cre in America today that are destroying the stead of "helping" , poverty programs have ating a sense o:r value in people and treat very people the "do•good" liberals were sup just succeeded in keeping people down and ing them as constructive cltizens? Why are posed to "help". In the book, Learning On putting the "peons in their proper places." we financing big money programs that give The Move, A Guide for Migrant Education, I know that in the past there have been minority groups just enough spirit to beg which is put out by the Colorado State De certain liberal "do-goooders" who have "Give me"? I am so against these programs partment of Education, there are sections screamed the immortal words, "We are for and the "sometlllng-for-nothlng" ways they that degrade the migrant person and add a human betterment. We are against poverty. are run, and at the expense o:! everyone, you little insult to injury. For example, there are Give to the poor, disadvantaged souls. Help and I. But it's not Just the money involved. statements about "The Internal Factors" : them. Give them everythi.ng! Far from lt. I. don't believe we are doing Many migrants appear deficient in the wlll Well, fellows, we are all for human bet ter right by a whole generation of children who to cau3e events and shape events to their own ment. We are an against poverty. But I am someday w1ll create problems. Not just to advantage. Such characteristics may stem beginning to think that behind all of your themselves, but to the- society that helped from either inherited or environment ally de beautUully stated phrases and words, there create them. veloped causes or a combination of both. lie a hideous plan and insidious conspiracy. He may not have inherited the ability of Keep the minorities down. Turn the cards reasoning.• around, and instead of creating a. desire MILTON H. BERGERMAN And there are statements about his "atti within the poor person to better himself and CIVIC LEADER tudes and values'¥: work for himself, give him anything he needs The lack of purpose is a characteristic from to get by. Thus, the plan succeeds by destroy Mr. JAVITS. Mr. President, early last which important value concepts emanate. ing the minority person's spirit and his pride. month, New York lost one of its most Among migratory people, the value concepts Then the. "do-gooders" w111 never have to civic-minded citizens when Milton Ber are generally not on a plane that is common give him another thought--except to see that gennan died at the age of 67. Mr. Berger in everyday American society. Some lower he gets his monthly welfare check. man, who was a lawyer by profession, value standards seem to be possessed by mi I thnk that this is really what saddens his to im grant people in most all areas of human en me most.. During the six weeks I. worked as an spent most of time working deavor.• aid, I learned to love the migrant children, prove conditions in New York City. He And about his ''personality traits": and 1n many of them I saw great promise and served as chairman for more than 20 The migrant person may have the tend potential. However, if you had been brought years of the Citizens Union, a nonprofit ency to take the easiest course of action when up in migrant schools with the philosophy or~;anization founded in 1897 to serve a problem arises. decision is needed, or action "Lea.ve it to Uncle Sam", would you have the public interest. During his years required. This characteristic of weakness is bothered to make an effort to change your with the Citizens Union, he constantly associated with a lack of persistent life plan situation for the better? Of course not. It probed into the actions of the legislature ning. wouldn't make sense. Let Uncle Sam feed, These statements really put the average house, and take care of you. and kept a close check. on the public of migrant person at the bot.tom of the totem The average migrant is no ditferent. And ficials in the city to see that they were pole, and I won't agree with them and don't believe me, he's no dumbbell about govern doing their job. you either! If a migrant school teacher should ment checks. He knows every single one en Mr. Bergerman was the personifica read such a "guide" as this, how could ahe titled to him-and U he doesn't, the smiling tion of the interested and concerned citi not help feeling defeated before ahe even welfare office girl will soon clue him in on zen who devoted iarge amounts of time begins? She develops the attitude, "Well. U the ones he's missing. to serving the public. As Governor Rocke these children are so disadvantaged, there No doubt the people who will probably feller so aptly remarked at a memorial is hardly anything I can do to change their yell the loudest about this article, w1ll be 'inherited' traits." And that is exactly what those in on the government "gravy-train". service for Mr. Bergerman at Carnegie ahc ends up doing-hardly anything. Strange the way programs against poverty Hall on September 21, 1970: When little innocent children of Mexican seem to reduce the ordinary taxpayer's Milton Bergerman kept us on our toes. American laborers are "saved" by migrant pocket book to a.J..most nothing, and yet spell He did indeed and his country needs school programs and other government hand M-0-N-E-Y to a fortunate few. Oh yes, there outs, the children not only acqui re undesir were a Iot of teachers in the migrant pro more like him. Mrs. Javits and I again able traits, but these traits are act ually nour gJ"am who were genuinely concerned :for the extend our deepest sympathy to the mem ished by the very same programs meant to migYant child. and his developmen.L.. But r bers of the Bergerman family, "help" them. And do you know how they assure you there were those few who were I ask unanimous consent that the succeed doing this? They actually make the concerned for their own development only transcription of the memorial services child feel as he really is disadvantaged and: and how 1s $5.00 an hour, nine hours a. day for Milton Bergerman on September 21, d!1ferent from other children! :for developing? (I'll admit I was one of the 1970, and an obituary published in the I. used to think that making a minority fortunate. Not quite fortunate enough for $.5.00 an hour, but it wasn't bad :for a 16- New York Times on September 9, 1970, be person feel d!1ferent and disadva.ntaged was printed in the RxcoRD. exactly what this country was trying to elim yea.r-old girl!) ina-te. But instead of treating these children Before I go further, I would be unfair to There being no objection, the tran like the Americans they are, and instead of you and myself 1! it were not stressed that script and obituary were ordered to be t.eaching- them the ideals. that built this the migrant school program was effective in printed in the RECORD, as follows: country, (like working for a living or for a many ways. I. saw many children put to good TRANSCRIPTION OF MEMORIAL SERVICE FOR personal goal) we are treating these little use what the government was giving them MILTON M. BERGEIUUN what I did not see, however, was any sign.. impressionable children with the attlt ude, Date: Monday, September 21, 1970. "Now don't you worry about a thing, you of appreciation. Even a simple "thank. you" was rare, and the general attitude was one Time: 10 a.m. poor disadvantag~ chlld. The government Place: Carnegie Hall, 154 West 57th Street , will take good care of you." of "Oh well, I deserve it". New York City. This attitude is not only being stressed to For example, migrant school began at 8 :00 Presiding: Ben Grauer. little migrant children in Wiggins, Colorado, a .m. The children were bused to and from Organ music: Organist: Vernon deTar. but it. is being stressed to blacks, Puerto school, so transportation was no problem to Ben Grauer: On returning from the Labor Ricans, and other minority groups through the parents. The first item on the agenda Day holiday, we were all sorry to learn t he out the United States. These "something was breakfast. All a child could eat of cinna sudden and very sad news of the passing of for-nothing'' programs stressing such phi mon rolis or eggs, orange juice and butter. Milton Bergerman. The New York Times, in losophy are far frOlll new, however. Roose There was also lunch and a snack to look an extended obituary notice, spoke of Mil velt's "New Deal" of nearly 40 years ago was forward to, all free of course, with no token intended to help people get on their feet ton's extraordinary contributions to the com of any kind required of the chlld. This is munity and to the wider audience that notes, once again aft.er staggering setbacks. But where I feel the program failed most. ll records and reflects on the activities of citi even in today's prosperous era we can see the children had been required to bring at zens who enlargen their own conu:nunity some people still using this "crutch" to un least lOc from home, then he would have personally by their dedication and commit fair advantage. They didn't even try walk been learning that he had to work and pay ment. We felt- th11.t because of the wide ing on their own-why bother? for what he ate. The bulk of the children ranging nature of Milton's contribution to knew th.ey were eating for nothing, andi our scene that many would want to join us • Nell W. Sherma.rt, and Alfred M. Potts, 2d, enjoyed heaping their plates as high as possi in a. memorial tl!ioute where. we review his Editors L .earntng On. The Move; A Guide For ble- and then throwing away nearly half. life very tn!ormally and from two aspects- Migrant Education, p. 3. Once I asked a little girl why she had not one, from the area of his personality, ex • Ibid., p. 4, 5. been more careful with her new tennis shoes . pressed by a friend; and again, indicating his October 5, 1970 CONGRESSIONAL RECORD - SENATE 34913 energies and dedication as a guardian of the Ben Grauer: It is only a small measure of lng memory of the spirit and unique quali community's values, by a most distinguished the wide-ranging activities and the deep ties of MUton Bergerman. citizen. I have the pleasure-the sad duty respect that is held in Milton Bergerman•s Organ music as service ends. and the pleasure-to recall through the 15 life and career that our tribute is joined by or more years in whic~ we were associated, the Governor of the State, who is here not MILTON H . BERGERMAN IS DEAD; CITIZENS not only as friends but as colleagues on the only in his distinguished ofllcial capacity UNION CHAIRMAN, 67 WNBC radio program "Searchlight"-the in but also as a friend of many years of Milton (By William M. Freeman) cisiveness, the grasp, the range of Milton's Bergerman. We introduce Governor Rock knowledge-the very real sense, in the midst efeller. NORWALK, CONN., September 8.-Milton M. of his knowledge, of the ideals of govern Governor Rockefeller: Milton Bergerman Bergerman, chairman of the Citizens UnJon of New York, died last evening at South Nor men~! the realities, and somet imes the was not a man to congratulate himself very sordid nature of the activities that t ake much. And so it might be consistent with walk Hospital after a brief illness. He was 67 place-and his undying courage to bring his own way of doing things if we were years old and lived at 27 Bluff Avenue, these facts forward. We're happy that you've to describe him simply as a good man. But Rowayton. gathered here-all friends of Mlltons, in that's not enough. For goodness is only A SPlJR TO OFFICIALS cluding at the organ console his friend Ver one element of integrity. Milton Bergerman Mr. Bergerman was John Q. Public or Mr. non deTar, the distinguished organist of t he was a symbol of integrity. He was honest and Average Citizen in person, with a quick mind, Church of the Ascension-to express only a consistent. He was Intolerant of malfeasance a sharp tongue and a resonant voice to duel, measure of what Milton Bergerman meant and hypocrisy. He inspired confidence and parry, feint and thrust on behalf of better and has contributed. Let me then introduce idealism. He was described as the conscience government. a friend of many, many years of ours and of of this City, and certainly he deserved that As chairman for more than 20 years of the Miltons-dlstinguished New York lawyer, high compliment as much, or more, than Citizens Union, a nonprofit organization Marvin Lyons. anyone. During two decades as Chairman of founded in 1897, he asked embarrassing ques Marvin Lyons: we are gathered in remem the Citizens Union he made it clear to those tions of public ofllcia.ls, he probed for the brance of Milton, whom we lost so surpris in public ofllce that there were ethics to be reasons behind legislative decisions and he ingly and so suddenly. He was my devoted observed and morals to be honored. He asked all but bullied public servants into doing friend for more than 40 years. I last saw very litt le of us. And-at the same time-he their jobs as servants of the public. him when my wife and I visited him and his asked a great deal. He asked that public Mr. Bergerman, a lawyer by profession, lovely wife Ems in their h ::-me in Rowayton servants serve the public. He sought, more spent most of his time working to better only a few days before he fell ill. He seemed over, to assure that this servioe be rendered New York City. to be in full vigor that day. We played several with energy, rectitude and foresight. The An authority on municipal government, he sets of tennis. We swam together, and he and Citizens Union, under his stewardship, was was one of the earliest supporters of Fiorello Ems together prepared, and we enjoyed, one an enemy of special interests. He fought H. La Guardia, a Fusion Mayor. He advocated of their famous barbeques. So the news came against anyone who viewed a public position and supported the movement for charter only a few days later of his sudden illness as one of prlvUege rather than trust. I knew revision and made the Citizens Union a. par and then of his death. I never had a greater Milton Bergerman for moot of the 20 years ticipant on the "Searchlight" program over shock. And I think all who knew him were he headed t he Citizens Union. Two years WNBC-TV. greatly shocked. He was an extraordinary before I became Governor, he accepted my man. He was a talented lawyer with a search appointment to the tetnporary State Com A QUESTIONER ON ISSUES ing and wide-ranging mind-a gift for ad mission on Revision and Simplification of He had appeared regularly each Sunday on vocacy. He was resourceful, bold, courageous. the State Constitution. We had many argu the program since its Inception in 1953, and Above all, his integrity was unshakable. He ments-and a few disagreements. Milt was each week he and members of a panel ques was a wise counselor. He had an instinctive not a man to put political leaders on pedes tioned a prominent ofllclal or other highly sense of balance-judgment--native wisdom. tals. He criticized us when he thought we placed person who was in the news. He had a tremendous capacity for work were wrong. And he was equally quick to With Ben Grauer, the moderator, keeping thoroughly enjoyed the practice of law-and commend us when he felt we deserved it. tempers somewhere below boiling point, Mr. thoroughly enjoyed his many public activi On the "Searchlight" television program Bergerman and the other panelists, who ties. He loved sports. Tennis was his favorite his incisive questions, delivered in his char varied from time to time, dug out reasons, game, and he threw himself into sports as acteristically deep and husky voice, demand pressed for the truth and fought for improve he did in his professional and public activi ed nothing less than the facts. In this and in ments In operations of the city, its laws and ties, with great zest and intense concentra other ways, MUton Bergerman kept us on our its methods. tion and with a striving perfection. Of course toes. We, in turn, admired his knowledge of Mr. Bergerman used many approaches in his over-riding interest and concern was with government and politics-his progressive at fighting for better government. Once, re public affairs. The gracious participation of titudes-and his respect for sincerity-and ferring to the Citizens Union's wide-ranging Governor Rockefeller in this memorial, as his unrelenting struggle to induce govern influence, he commented: well as the presence of so many friends and ment to do the right thing. And so we say "We have a prophylactic effect, just by our goodbye to Milton Bergerman. We're grate admirers of Milton, attests the public ac being there and keeping an eye open. I'd say knowledgment and appreciation of his great ful for his enormous contribution to this City-and this State. We will remember him we supply moral leadership in blowing the contribution as a volunteer in the cause of whistle on some poor moves by city ofllcials good government. He devoted himself to this for a long time. We will remember him be cause during his lifetime he taught all of us from time to time. That's very necessary, be cause for more than 40 years. Today each of cause sometimes you run Into a bunch of us is remembering Milton in particular ways. what it really means to be a citizen. Ben Grauer: Our thanks to Governor smart alecks who can confuse the public on I remember him as a fun-loving, warm, gen the difference between right and wrong." erous and gentle man-and a delightful com Rockefeller and to Marvin Lyons and to Ver panion. I remember the day, just 31 years non deTar for joining us today. I would like OPPONENT OF MOSES today, when he and Ems-Ems Wyleman to add just one small word. I'm thinking ... His words had a direct reference to Robert then-were married. And I know how much 1n this Hall-where we were presenting the Moses, the city planner, bridge and tunnel they meant to each other in all the years NBC Symphony Orchestra of blessed memory authority, World's Fair impresario and holder that followed. I recall the pride and en with Toscanlni, on this very stage; and I of a score or more allied positions. thusiasm with which Milton and George was in that broadcast booth up there, which Mr. Bergerman had suggested to Mayor Hourwich joined together more than 25 years to now removed .. . Milton Bergerman was Wagner that Mr. Moses should be dropped ago to oganize their law firm. I remember the Chairman of the Carnegie Hall Corpora from the city's slum clearance commit tee. Milton's job when his daughters Jane, and tion at that time. It struck me, as we were That was the first time-In 1959-that a re then Jill, were born; and the many glorious sitting here, that I hadn't mentioned how spected and responsible civic organizat ion summers which our families spent together enormously appropriate it is that we pay bad said, in effect, that Mr. Moses could be as our children were growing. And I remem this very special and affectionate tribute to replaced. ber how proud he was in the role of "Father Milton and his memory here. I'd like to Mr. Bergerman disclosed that the Ci tizens of the Bride" at the weddings of his two read just one sentence tha.t came out of the Union had authorized him to speak or to girls and the pleasure it gave him to welcome heart of the extended obituary which Wil keep silent, although some members of the two fine sons Into his family. Milton was so liam Freeman wrote in the New York Times: organiza tion had backed Mr. Moses. "Milton Bergerman was Mr. Average Citizen vigorous-so strong-and he so loved life Mr. Moses took a full week' to assess t he 1n person-with a. quick mind, a sharp that it is hard to believe that that staunch blow. Then he made a sharp reply In which heart of his gave out. Yet his life was a full tongue, and a resonant voice-ready to duel, parry and thrust in behalf of better govern he referred to "Citizens Union smart alecks," and rewarding one. And each of us here to picking up Mr. Bergerman's colloquialism. day has in some way shared what he gave ment. He acted as the conscience of New in love-in loyalty-in companionship-in York." I sat as witness of tha.t for 15 years. ENTERE D GAMBLING INQUmY professional skill-and in his contribution to And to use the current clvlc phrase-Gov On another occasion. when Brooklyn•s the public weal. We all share together the ernor, and Marvin-in it's very best sense, racket-Investigating grand jury and District common loss or an uncommon man; and we Milton Bergerman really "gave a damn." I'm Attorney Miles F. McDonald asserted that share our deep sympathy with his beloved going to ask for all the audience to rise for they would not be "intimidated" by outside family, his sister and his brothers. a minute of meditation--of affectionate, lov- pressure in invest igating a possible l!nk be- M914 CONGRESSIONAL RECORD-SENATE October 5, 1970 tween the pollee and gamblers, Mr. Berger The date is not later than December Persons In the survey who favor bringing man wrote to Mayor wuuam O'Dwyer to 1971. home all U.S. troops before the end of next suggest that a prominent person "With a There being no objection. the article year feel the only way to make sure that background and stand:lng to inspire public the 'U.B. reslly gets out is to set a date, let con1idence.. be appointed to conduct the was ordered to be printed in the Rxcmm. ting- the South Vietnamese know they must investigation. as follows: stand on their own feet thereafter. "You owe it_not only to the public, but to PuBLIC FAVORS WITHDRAWAL FROM VIETNAM Those who oppose the plan believe that the depa.rtment itself," he wrote, "since it BEFORE 1972 the President, by his troop withdrawals, is goes wlthllut saying that the great majority (By George Gallup) clearly moving to get the U.S. out of Viet of the p.ollce. ue. decent men, curylng out nam and should be gtven the chance to their ditlkult and dangerous duty with skill PluNcETON, N.J., September 26.-A major deal With the war as he thinks best. Fixing and fidellty." ity of the U.S. public- favors the- Hatfield a date for total withdrawal, they say, would The letter then became sharply worded: McGovern plan which would end u .s. troop tie the President'S' hands and make it more m volvement In Vietnam by the end of 1971, "You have seized upon an individual dtilicult to negotiate in Pari~r. tragedy and turned tt Into a theatrical dem according to findings in the most recent Gallup Poll. Thls group also feelS' that' the North Viet onstration of your disapproval of the Dis namese might wait untll atter our With in trict Attorney's activities .~ [The Mayor had The public's favorable vote, recorded a drawal and then wage a massive attack. attended the funeral of a pollee captain who September ll-14. survey, contraosts with the killed himself while the Investigation was vote m the Senat e' on September 1, whe.n going on.) by a 55 to 39 vote the upper house rejected "That kind of dlspiay of sympathy, how the plan. THE TEXTBOOK PRESIDENCY AND ever wen-Intentioned, might have the e:trect It the vote on withdrawal were left to the POLITICAL SCIENCE mem of the nation, a fairly even division of of building up- a backfire- of hostmty In the M.r. ALLOT!'. Mr. President, today I pollee force against, the enfoccement omctals opinion would be recorded. The scales are In Brool:lyn. Yet, so far as can be judged, the tipped dl:amatlcally In favor ot Withdrawal want to share. with the Senate a most District Attom.ey Is simply doing what he 1& when the vote of WOIIlen is taken into ac stimulating and important essay by Dr. there for. He is making an Investigation and count. The latter favor getting out of Viet Thomas E. Cronin, of the Brookings In he 1S getting- somewhere..'' nam by the end of next year by the ratio stitution. of moze than 2-to-1. MAYOR' :REFt1SES' COMMENT' The title of this essay is "The Text The d111'erence In the views of men and book Presidency and Political Science." Mr. O'Dwyer conceded that he had received women is one of the greatest recorded on the letter, but said he had not read it and any national issue In recent years. It was prepared for delivery at the 66th therefore. would not comment. The Intended The issue of VIetnam bas acquired more annual meeting of the American Politi e:trect was accomplished:: Tlle gambllng In and more partisan overtones during the laost cal Science Association in Los Angeles, quiry was on the front pages and Mr. Ber year, with ra.nk'-and-1!Ie- Democrats now Septembe:r 7 through 12. ge.rma.n 'S letter was part of the day's hig favoring withd:rawal by a 61 to 29 ratio Dr. Cronin is interested in the con story, which meant that the public knew In while Republicans are almost evenly divided. tribution which a more accurate politi detail the views of the Citizens Union. Significantly, the Democrats in the Senate cal science can make, to a more resilient Mr. Bergerman was not always the amicus voted In favor of the plan by a 3-to-2 ratio. curiae. He served a.s a member of the Spe One consolation for those who oppose a civic culture_ He feels that there is a cial Legislative Committee on the Revlslon fixed-time withdrawal is that the best-edu pervasive inaccuracy in the prevailing and Simplifl.cation. of the Constitution, by cated group--With the highest voting tum textbook treatment of the om.ce of Presi appointment of GoY. W. A'l!erell Hurlman, out--is almost evenly divided. dent, and that this inaccuracy is and as a member of the Tempocary State SMOLDERING ISSUE debilitating to democracy. Commission on the Revision_ and stmp11fiea His survey of the relevant literature tion, by appointment of Go'l!ernor Rockefel The Senate bill was sponsored by Oregon'& ler. He was named by Mayor Robert F. Wag Senator Mark Hatfield and South Dakota's has led him to the conclusion that most ner to the Mayor'a Committee on Judiclal SenatoJ: George McGovern and provides that studies of the presidency involve "in Selection. the only military funds that could be spent flated and unrealistic interpretations of He served also aa a member of a Lawyers In Vietnam after April 30, 1971, were those presidential competence and benefi Committee on Court Decorum and Allled for the orderly termination of operations and cence." As a result: Withdrawal Problems by appointment of Harold A. the systematic o! armed farces by; American young people grow UP' expect bas Stevens, Presldlng. Justice of the. Appellate December 31, 1971. The House not yet Ing their presidents to be suftlciently power Division. First Department. taken up the proposal. ful to win and end wanr as: well as cure the Mr. Bergerman was born_ In New York on The Vietnam ia&ue lately has not loomed nation's: socio-economic Ills. May 20, 1903, and received his A.B. and LLB. large in the minds of the voters compared. degrees r:rom Columbia College and Columbia to earlier days but it V. ALTERNATIVE PERSPECTIVES TO THE TEXTBOOK of whether people think these institutions national Democratic Party during the PRESIDENCY are powerful and influential In the strict Fifties: To the relevant question "Is the textbook sense of these terms. "In any case, the Democratic program orthodoxy wrong or misleading 1! the Ameri that was presented to the country in 1960 can people believe It?," I have no adequate TABLE 1.-ADULT AMERICANS' PERSPECTIVES ON THE was truly a party program. The platform or felicitous answers. And lest this final TRUST OF GOVERNMENTAL INSTITUTIONS, MARCH 1969 writers and the presidential nominee con discussion appear to be promoting an un Que stion : "X" institution can be trusted to do what is good tributed emphasis, style, and form, but the realistically sophisticated or rational treat lor the people. substance of the progra.Jn had been written ment of the presidency, let me merely sug with unusual precision and clarity during gest that proper recognition of the exaggera Percentages (N = 1504) the eight years out of power-eight years tions generated by the recent textbook presi that at the time seemed endlessly frustrat dency would Itself be a significant service. Unde- Dis- No ing but were, it is clear In retrospect, ex I would, however, suggest that the follow Institution X Agree tided agree opinion Total traordinar!I y fruitful." •• Ing perspectives deserve more attention, test Much of the recent presidency literature Ing and recognition in the contemporary Pres idenL ••.••••••• 64 21 100 suggests that Congress merely delays and textbook literat ure. Governor of this amends that which it Is presented-but basi State • • •••••••• •• 58 27 100 A. That while the American people gen U.S. Senators . •••••• 54 30 100 cally is incapable of creative legislating or erally do view their president as very Im Supreme Court m policy formulation. To the casual observer, portant, trustworthy and somewhat power Washington • ••••.• 51 33 100 the highly "successful" 89th Congress typl ~ ful, they similarly affirm these qualities In fies the popular impression that it was the other major American governmental Instit u Source: National survey conducted by the Southeastern presidency who proposed and created while tion. B. That much of the "policy" that Re ~ional Survey Project, Political Science Department, the Congress merely ratified. A closer look at presidents "formulate" and "Implement" has University of North Carol ina, March 1969. what actually happened suggests that this version of presidential-congressional rela in fact been inherited !rom pronounced party For as Andrew McFarland suggests: leanings, previous presidencies, and from tions is vastly overdrawn. For most of the A leader may be defined as one who has Johnson legislation had been "incubated" Congressional Incubation. C. That t he presi unusual influence. Influence may be viewed dency usually is more lnfiuenced by policy in the Congress. Nelson Poisby defines the as one's capacity to make people behave d1! concept of policy incubation as "keeping a bearing Interest elites (in and out of govern ferently than they would have otherwise. A ment) and the degree of permissiveness in proposal alive while it picks up support, or leader may also be defined as one who has public opinion than It is an influence upon waits for a better climate, or while the prob unusual power . .. . When the leader success lem to which It is addressed grows." 11 This is these "forces." D. That the degree of in fully exercises influence, he causes change fluence of political Instit utions, including not to say that getting a blll on a president's in human activity. When the leader exercises legislative agenda is not important--but the presidency, is subject to ambiguously power, he causes manifest effects in human defined ebb and flow patt erns, as is the sup rather to stress that often the best route to activity, I.e., ... the leader causes changes that objective is occasioned by a series of port rendered those Institutions. E. That that he originally desired." • presidential leadership operates within a thoughtful congressional hearings and the framework of shifting value orientations, Forty percent of this sample or American sponsorship of a bill by respected senators e.g., dynamic leadership vs. participatory adults agreed that the president could get who have already begun generating publicit y representation, centralization vs. decentral almost anyone to do what he wanted him to. and support !or the "new" proposal. Ization, and nation unity vs. regional and Though many readers may be surprised that Sometimes the presidency, and sometimes personal individualism, all of which are gen even forty percent of the respondents af Congress, play the dominating role in Initi erally endorsed but are alternately empha firmed this seeming presidential omnipo ating legislation. BUt the initiation as well sized or accentuated. tence, even 11 in an abstract sense, the data as the enactment of virtually all major leg (A) Despite current pockets of anti-sys can also be interpreted as evidence that most islation in domestic and economic policy tem, anti-national government dispositions, adults reject a purist view of presidential matters results from extensive "conversa shared in varying degrees by radical students, omnipotence. (See Table 2.) Interestingly, tions" between presidency and Congress, and southern conservatives and elements among the Supreme Court was viewed as equally between both of these Institutions and stra the Black population, most people are proud powerful; governors and U.S. Senators were tegic interest groups.72 TO conceive of the of their president and think It matters a lot ranked as lesser agents of unrestricted power. presidency as representing the national in who becomes president. A national survey Here again, It Is to be appreciated that the terest or general welfare and Congress merely conducted in early 1969 indicated that close president is not viewed as uniquely different as the tool of special or parti cularistic in to 9 out of every 10 adult Americans con in power terms from other national and state terests is as naive today as It was thirty sidered that it "makes a lot or cUtrerence" leadership Institutions. years ago when Pendleton Herring cau to them who becomes president.'" And again, tioned-"In !act presidential policy, however contrary to the radical interpretation of cur TABLE 2.-ADULT AMERICANS' PERSPECTIVES ON . THE "pure" in motivation, must mean the pro rent American politics that politicians cannot POWER OF GOVERNMENTAL INSTITUTIONS--MARCH. 1969 motion of certain interests at the expense of be trusted, most adult Americans believe to ~~"!~~~~~7;~:)t~~~~h~~ \~~power to get almost anyone others." n that the president can be trusted "to do That no recent congressional session passed what is good !or people like me." But, as more (both qualita.t!vely and quantitatively) Indicated in Table 1 the general public places Percentages (N=1504) social action legislation than did the 89th a s!mUar, though not quite so great, trust Congress makes it a. moot useful laboratory in their Governors, U.S. Senators and Su Unde- Dis- No Institutions Agree cided agree opinion Total in which to test the notion of presidency preme Court. That the Court is slightly less Congress interdependence. Happily, David trusted may be due to the !act that the Price has done so, and he concludes that people do not elect Its members and are less PresidenL. •••••• • •• 40 50 100 Congress was a very Instrumental partner able to hold it somewhat accountable. It may Governor of this State• •••••••••••• 26 58 100 and more durable than Is usually supposed. also be, as Alexander Bickel has recently United State Formulation. Instigation and publication suggested, that the public resents the sub Senators•• • • •••••• 22 61 100 were widely shared function; executive re jectivity and overextended policy making ac Supreme Court in Washington ••• • • • • 40 43 sources were In many ways superior, but tivities 0! the Warren Court.16 What is to be 100 Congress often displayed greater fiex1b111ty appreciated here, however, is that respect and and permeability. If it was wise for execu deference toward the presidency is almost Source: National survey conducted by The Southeastern tive formulators to touch bases on Capitol matched by public respect for other govern Re~i o n al Survey Project, Political Science Department, The Unrversity of North Carolina, March, 1969. run, it was virtually impossible for con mental institutions. The statistically signifi gressional formulators to proceed without cant differences are minimal and, one (B) Recent investigations Into the origins the assistance of the bureaus already opera wonders, even these may partly be the result and enactment of most New Frontier and tive in the field. Nor was any publicizing of the ''presidential honeymoon." Americans, Great Society legislative programs indicate move more important than securing a place wh!le trusting their presidency, apparently that presidential Initiatives in this era were for one's bill on the presidential agenda. But do not do so at the expense of lessened trust greatly Influenced, 1! not shaped, by the the case studies suggested that congressional for alternative sources of government leader historic leanings of the Democratic Party. activists had some advantages of their own. ship. Programs such as medical care, federal aid A proposal could become visible much more In the same survey mentioned above a to education and a more activist stand on quickly in the legislative branch. This not sample of adult Americans were asked civil rights had their roots in the Truman only ga.ve legislators and their staffs an in whether the president or other government and Adlai Stevenson years. James Sund centive to assume the Instigator role; it also Institutions had the power to get people to quist makes the point that most of John made it likely tha.t instigators from outside do what they wanted. This question, stated Kennedy's legislative program was in fact like Mrs. Lasker, Ralph Nader, and the ocea.n in bold terms, elicits a pretty fair indication handed to him by Senatorial a.nd partisan ographers would seek congressional alliances. policy activists who had been aflillated with A legislator with a permissive chairman and Footnotes at end of article. the presidential and progressive wing of the access to committee resources could de- CXVI-2199-Part 26 34924 CONGRESSIONAL RECORD- SENATE October 5, /970 velop a proposal and get it into the news vated, taken into account or consulted by im the more blatantly sel:ftsh goals of his group papers with relative ease. Ideas rose to the portant government otDcials. Government of or profession, it has to be recognized that a top with more ditDculty in t he executive ficials are unavoidably In the position of pro rich mosaic of symbiotic professional and branch ..." moting certain interests or distributing cer consulting ties exists between public officials One of the misleading indicators of presi tain opportunities at the expense of others. a.nd other pol!cy el!tes. And that these affil! dential "power" is the so-called presidential For example, what is the extent to which co ations can and do affect the manner in "box-score" of legislative program successes hesive special interests have access to and which pol!cies are perpetuated as well as and losses used by the Congressional Quar help shape the more important decisions of administered.•• Opportunities for el!te infiu terly and other publications, and not in executive branch otDcialdom? ence on pol!cy processes and policy politics frequently incorporated into Introductory There are those llke C. Wright MUls or are grea t . And wh!le these opportunities, at texts. The impression often given is that the G. W!lllam Domhoff who argue that the upper least from the standpoint of special interests, president is the super "pitcher,'' the Inde social and economic class in t he United are underused and often ineffective because pendent, creative galvanizing impet us In t he States has an enormous infiuence on t he way of inept strategies, the existence of these legislative process who usually gets his own in which major decisions are made In this special relationships needs considerable more way. The Congressional Quarterly Almanac country." Others llke Low! and Barton Bern attention and discussion in texts and presi reports, for example, that Lyndon Johnson stein suggest that specialized professional dency studies alike. had a 69 % approval record In 1965 and a 56% and industrial groups who are well organized While presidents often seem to be launch record in 1968 and the story told is essentially and know how to make the government re ing "new" policy programs by calling for the "Congress Acts Favorably on Johnson Re spond to its interests have been quite suc congressional approval or issuing executive quests." .. Several cautions are necessary cessful at perpetuating favorable governmen orders, the act of initiation is something al here. First, legislative measures are by no tal privileges to advance their professional together diJferent from seeing the intentions means equal In Importance. Secondly, presi and business goals."' But perhaps the pre translated into acceptance, compliance or dents are often quite sk1lled In ta!loring their vall!ng view has been that of a more plural sustained practices. The degree to which legislative program requests to the possib!li istic portrait of how wide numbers of In there is an elite consensus or, alternatively, ties of passage. And much, If not most, of terests and competing points of view are to which there is con!Uct within relatively what a president does not achieve with brought into the mainstream and usually defined and restricted public policy arenas Congress consists of what he does not at accommodated within governmental deliber is important in determining a president's tempt, rather than what he proposes but ations on strategic policy matters.so Any read latitude for policy achievement. If there is which does not pass. .,. Thirdly, presidents who er interested in definitions of policy elites consensus on a particular policy matter help lay the foundation for later passage of has a rich and varied fare from among which within the policy elite of a given profession an important innovation are not accurately to choose. or Industry, it is nearly impossible for a rewarded by the box score calculations. For Yet, my own view Is that studies of presi president to effect an opposing point of instance, much of what Presidents Kennedy, dent ial leadership as well as general texts view. If, however, there is distinctive conflict, Johnson, and Nixon proposed and often got have inadequately treated the important part cleavage or confusion over certain substan pi\Ssed had been priority items or "back that specialized elltes, both In and outside tive or procedural matters, a president has burner" second level aspiratjons of their im of the government, have in the various stages more of an opportunity for some independ mediate predecessors. Just the mention of the of shaping public pol!cies. Strat egic policy ent influence; but even so the scope and type "Kennedy" Alliance for Progress, the "John elites include, for example, senior members of his infiuence w11! largely be shaped by the son" War on Poverty and the "Nixon" Hunger of the civil service, presidential advisers, Con nature of the con!Uct among those elites. Program recalls the ground work undertaken gressmen and their senior staffs, Washington This is not to imply that elite "hegemony" by the preceding administrations In these representatives of major industries, profes always dominates, or acts as a strategic veto areas prior to the formallzations of these sions, trade and civic associations, those in or gate keeping force in specific policy sys "new" national initiatives. Time in office can business or the universities engaged in re tems, for as Parry suggests inter-elite col foreclose options and can erode political cur search relevant to policy and pollcy experi laboration often may lead to quite different rency. And sometimes the opposition party, mentation, certain state, local and mass results: despite its ideological leanings, has more lee media leaders, and concerned citizens who In developed capitalistic economies indus way to push a previously incubating but lan become intensely involved in advocating or trialists and unionists also :find themselves guishing policy measure onto center stage. In championing specific sets of policies. It may working side by side on a host of govern 1960 It was easier for Democrat Kennedy than be useful to rely on Geraint Parry's recent mental advisory and planning committees Republican Eisenhower or Nixon to campaign synthesis of political elite studies for further which bring them into the closest contact on the Issue of a nuclear miss!le capablllty definition: with the polltical ellte, top civic servants, the gap. Likewise in 1969 Republican Nixon could It seems advisable to distinguish a sub leaders of :finance and so on. They sit on these somewhat more easily endorse and back an group amongst the specialized elites of those committees less as representatives of antag innovative, Income strategy-welfare reform which exercise a substantial degree of ln onistic interests than as experts working as package with more polltlcal freedom than fiuence on the pollcies of the governing ellte colleagues for the national interest. They may could a Humphrey or Johnson. In a slightly or of other specialized elltes. These are the as a result become Inbred with an ethic of different but related manner, Southerner elites with which the governing el!te must "responsibility" which brings them closer to Lyndon Johnson had greater political leeway bargain, and to which it may have to defer. one another but which may open a gap be in championing new initiatives in civil They include amongst others the business tween each elite and the sectional interest rights legislation than did Northerner John elite whose investment decisions and 'con of which It is the leader. Industrial!sts and Kennedy. :ftdence' substantially infiuence a governing unionists are then to be found joined with (C) In addition to the very real cue-giv elite's economic and social-welfare pro politicians in exhorting industry and labour ing Influence of Congress upon presidential gramme; the union el!te whose strike deci to respect agreements negotiated by the na behavior, two other influences less well appre sion affects a nation's balance of payments tional leaderships and even to accept sacri ciated but invariably Involved in presidential sltullltlon; the military ellte whose degree of fices for the sake of the "public interest." pollcy participation are (1) the centrist commitment to civilian rule is a crucial fac In such ways an "el!te consensus" arises on moderate moods of the American people and tor, as modern experience reminds us, in de matters of procedure and even on some mat (2) the role of strategic policy elltes. As par termining the survival of the governing elite; ters of substance ... tial evidence of the former, I will merely refer the religious ellte whose blessing and co It may be helpful to ask whether a con readers to the work of V. 0 . Key, James Sund operation was, particularly in past years, sensus among policy elites may occasionally quist, the recent work of Samuel Lubell and essential to securing the legitimacy of the be the product of presidential commitment the joint volume by Richard Scammon and civ!l order. No one generally accepted name or style, or under what conditions the re Ben Wattenberg.77 Let me here dwell mainly designates these Influential elltes . . .at verse may be the case. on the latter. With regard to presidential pol!cy related Contemporary pol!cy studies suggest that The notion of strategic policy elites needs performance, elite activists are involved in the more we learn about presidential policy clarification. The question as to whether the following functional activities: 1. recruit performance in varying policy sub-systems, there exists a united "power el!te" In the ment and selection of presidential candi the more it appears that presidents (in both United States has been the subject of con dates, 2. recruitment and selection of presi dome.;tic and foreign policy), only rarely ac t inuous and contentious debate in recent dential and executive branch advisers, 3. complish policy "outcomes" that can be years, but the debate is less important now agenda setting as to what policy matters a credited as distinct personal achievements. t han the research which it has occasioned. president might choose to effect in light of More realistically, the presidency serves as a As Lasswell has suggested "Government is al the times, fortunes and available resources, broker for a few party priorities and as a ways government by the few"; the salient 4. helping to build coalitions of support or strategically situated and important partici concern for pol!tical inquiry Is whether it opposition to presidentially intended pol!cy pant among vast numbers of policy entre operates "in the nru.ae of the few, the one, changes and 5. evaluation, feedback, and ad preneurs and policy bearing bureaucrats. or the many?" What we need now is better justment of national policies. While there is More often than not a president's personal identification of those policy interested In some truth to the observation that the policy views are essentially moderate and dividuals or groups who are especially cult!- closer an outside elite representative be only vaguely re:ftned. When in otDce, however, comes to the center of national policy mak he finds himself constantly surrounded by Footn otes at end of article. ing, the more he tempers or modifies some of people who Lave "high-energy" interest and October 5, 1970 CONGRESSIONAL RECORD-SENATE 34925 Investments In spec11lc policy options. Both "Presidents obviously do make a d11ference, energies. Emphaslz1ng this point o:t view the president and these elites, however, are particularly In 1n1t1at1ng things; by just were the following two respondents, both In turn surrounded by what Scammon and saying a few words things can be Initiated, members ot the Johnson White House office: Wattenberg call the real majority-the large but of course the carrying out of things lies "I think the White House under Johnson majority of American voters in the center. mostly beyond the control o:t the president. was excessively activist-there was an im While their picture of the American elector The White House Is a crisis place, you do one pulsive need to do something about every ate is quite instructive these two political thing and start a chain of events but often thing right now! There was always the feel analysts go considerably beyond their data you have to move on to something else. You ing [given by the president) that we should when they write: "those who listen best can just don't have the resources to do every fix this and fix that and do it now! Overall I lead best"-but their message is still an im thing that you become involved in. Carrying think It went too far-there are definite portant one." things out is difficult and takes time--so he costs and liabillties in that type of excessive There has been some treatment of the can only do a. llmlted number of things aggressive activism.... " "invisible presidency" and "the president's at once." And a second staffer: men.""' These and similar studies imply Nor do most o! these recent senior White "Except In times of emergencies, presi that those intimates and staff associates of House aides see the American presidency in dents cannot get much accomplished ... In the president are the real policy makers. idealized terms. Of course there are some some areas a president can have a psycholog Hence, a Bay of Pigs defeat is credited to an exceptions. A third o! their number posit ical Influence, a. psychological effect on the overly zealous and misinformed CIA official that only the presidency can make the sys nation, for example by speaking out on crime dom. A poorly managed War on Poverty is tem work and only the presidency can pro concerns. And In an eight year period a. pres explained in terms of the premature or vide the inspiration and unified guidance for ident can start a shift of the budget and o! myopic ventures of those social science ad legislative and administrative excellence. For the political system, but it takes a. lot o:t visors and presidential aides who wrote the example, a. classic articulation of the text pressure and a lot of time. Basically, the guidelines and legislative grant-in-aid pro book presidency Image was offered by one thing to remember is that a presidential In visions. An unsuccessful North Vietnam respondent: tention takes a very long time to get im bombing policy gets blamed on Dean Rusk "I believe In the aggressive, vigorous and plemented!" and Walt Rostow, e:t. al., who prematurely forceful presidency. There is only one pulpit, championed that approach. Though it is only one cockpit and only one top office In TABLE 4.-Kennedy-Johnson White House helpful that such studies move beyond a the U.S. to lead us and to get the nation's Staff Member Views of Presidential Policy . focus just on the president or even the response-and It (the presidency) is becom Leader Role White House staff, here once more there may ing more important all the time. It is the [Percentages (N=30)] be a misplaced emphasis and more oversim only institution, certainly Congress isn't, Can you talk more about the job of the plification. Public policy again appears con which can be responsive to change and also president as national policy leader? 01 trolled only by a few people closely connected provide the management o! the nation's Textbook Presidency Response (Should with the White House. But it is more likely interests ..." be aggressive preacher, teacher and the case that a considerable number of pol TABLE 3.-Kennedy-Johnson White House policy determiner ... ) ------33 icy and political elites are involved, with Staff Member Evaluation of Presidential Restrained or Mixed Expectations: (Pres only occasional overlap of the elites In the Policy Impact idency viewed as selective priority set- numerous policy areas. The total number of ter, just as much a follower of national [Percentages (N=30)] elite activists In na.tional policy making is sentiment as moulder of it)------67 far larger than presidency studies suggest. How much influence over policy matters Then, too, chances are that most govern can the president have? sa 100 ment policies never get much presidential Very great impact______10 Source: Author's personal Interviews, attention anyway; they just churn on and Considerable Impact______36 Spring, 1970. are adjusted by the often subtle elite Selective impact (especially as educator, (D) Writing a generation or so ago, politi lntl:uences. Initiator) ------33 cal scientists like Corwin, Laski and Herring In research now in progress I find that Relatively limited impact______21 frequently emphasized the dynsmic axiom the majority of a sample of advisers who o! "ebb and flow" which characterized the served Kennedy and Johnson hold tempered Total ------100 occasional presidential supremacy In Amer assessments of presidential determination of Source: Author's personal interviews, ican politics-a. supremacy which was usually "public policy". Public policy, o! course, is Spring, 1970. interpreted as at the diminution of Con never an easy object of measurement. It is But, as shown In Table 4 most members o! gressional Initiative. In times of national simultaneously a. goal as well as a plan or the Kennedy and Johnson presidential en emergency it appeared that presidents be intention. It can also be viewed as a "subtle tourage were less apt to describe the presi came the beneficiary of a supportive climate blend of past experience, present conditions, dential role as capable of a textbook presi of expectations. Surely during the early and expectations of the future.",. For our dency performance. Repeatedly, aides men Franklin Roosevelt months the presidency present purposes we can talk of presidential tion that White House policy initiatives are was "granted" (or did he seize the power?) policy craftsmanship as a conscious attempt measurably dependent on the willingness o! greater discretionary authority In a hope that by presidents and their immediate advisers other leaders (as the state and local level, in something could be done to resolve the chaos to bring performance into line with an in Congress, In the professions and so forth) of the depression. As Corwin notes--"con tended standard. Presidential advisers in a. to cooperate and "go along" with the new fronted with such a condition, Congress feels sample of recent interviews do not, for the departures. In a sense, all White House poli at once the need for action, and Its Inability most part, feel their former presidential cies become compromised and adjusted as to plan the action needed; so it turns to the bosses wielded great power as defined in this they proceed through legislative and later president." 12 But he notes too that the docil above manner. ., (See Table 3.) There are a variety of adm1n!strative processes. Then, ity or timidness o! Congress fades away once some who say that "he [the president) has too, the White House has had very inade the pressure o! crisis is lessened. This type of a. lot of infiuence on those problems he is quate tools tor monitoring and evaluating "ebb and flow" Is viewed as a short term willing to spend time on . . .,'' but more subsequent compliance or non-compliance Intra-administration shift of initiative and responded that "he has far less than people with national policies.• Frequently, the discretion. A more contemporary example is think he has, he is far more constrained White House aides just don't know whether the erosion o! congressional support for the than popularly thought ...". Two other new inltiatives are moving along smoothly TQDkln Gulf Resolution. responses illustrate the frustrations experi or not, for in many cases great numbers of Laski, on the other hand, speaks of longer enced by most White House policy advisers: civil servants and state and local leaders ebbs and flows when he writes that the I think the president's Impact over policy have to be involved and "encouraged" be "forces" which operate against continuity matters is much less than I thought it was, fore any noticeable change might begin to of presidential leadership are immense: much less than I thought it might be when occur. All this takes at the least several "Though Lincoln and Woodrow Wilson both I joined the White House staff. Part of the months and, more often than not, several exercised, In the pressure or wartime condi problem Is the length of time It takes to years. The capacity :tor presidential leader tions, an almost dictatorial power, tt is, I get something accomplished once you get ship to step selectively Into troubled areas think, true to say that of each wielded It with the money !or it, set up the organization to and redirect in!sgulded or "limping" federal uneasiness, and the exercise ot that power handle the program and then try to get co program inltiatlves is severely restricted by was in each case followed by a strong reaction operation from states and cities. It takes available lntormation and feedback system.• toward Congressional control o:t presidential years to get a program developed and put Into The net result, frequently, Is that many action. It Is not, I suggest, accident that !or operation. A momentum system ot old pro White House assistants retire from their as twenty years atter Lincoln there was no grams, old organizations and old models signments with anything but a romantic or strong president until Cleveland; and that tends to inhibit a president from making embelllshed vision of presidential omnipo the twelve years after Woodrow Wilson saw changes.... Also--you are constantly work tence. In tact, many even express the some the etrectlve leadership of American policy Ing on budgets that are two, three and tour what restrained and almost anti-textbook outside the White House." .. years ahead. presidency view that presidents can accom These "tide" theorists, then, see a EhJ!t plish a limited number o! projects and hence ing reservoir of support for activist presi Footnotes at end of article. should carefully measure their requests and dential performance both within and over a 34926 CONGRESSIONAL RECORD- SENATE October 5, 1970 series of presidential terms. Presidents ap character, frequency or staying power. But modern government. A question was raised as parently are a!fected by (1) the existence or the recent ebbs and flows of relations be to whether efficiency and democracy were non-existence of emergencies and {2) the tween presidency-Congress, presidency-bu compatible. Was constitutional government degree o! activism or aggressiveness of their reaucracy, presidency-interest ellte6, or pres under a President and a Congress a luxury immediate predece.ssors. Went-public are clearly not well understood. of an earlter age that could not be a!forded The recent textbook presidency seemingly In 1958 ln response to the Sputnik crisis, It ln modern crisis government? 08 has rejected the notion of ebbs and flows was Congress more than the presidency that Not surpriSingly, one reaction would be to because lt 1S assumed that we are now living shaped and "passed" major space and educa feel that the presidency should be more of a ln times of sustained crisis. The main argu tional programs. In the late years of the place for strong, activist, purposeful leader ment Is t hat we can no longer alford a weak Johnson presidency, the president and his ship. And the personal magnetism of Frank president or a passive presidency. It ls added sta1I did not ease up ln their strategy of ltn Roosevelt seemed to fill the necessary usually that Congress ts, and wlll continue keeping a "full" leglslat lvoe program before prescription. to be, Inadequate to the central and unt!ying Congress. Contrary to the complaints from But ambiguity surrounds this idealized leadership tasks ordinarily expected from leading Congressmen within his own party view of the presidency, held prlmarlly by the presidency. To be sure, these observations and cont rary to the election result s of 1966, those of pluraltst-llberallsm persuasions. The are not without their merit. But a t the same the Johnson administration was unwllllng to liberal, pluralist authors of the textbook time political science might do well to re recognize a need for a pause or let up in legis presidency value the decentralized Interest tain some of the more flexible perspectives lating or in expanding the federal role. Not group basis of American political life, but suggested by analysts like Pendleton Herring until the pending elections of 1968 cryst al demand at the same time a presidency (or an thirty years ago-prior to the inflation of ex lized a decidely anti-president mood was he executive centered leadership) with aggres pectations visited upon the role or the presi made aware of the widespread reaction sive power instincts and resolute personal dency: against his record of presidential perform drive. They distrust a passive presidency on "Positive presidential policy In time ac ance. And in 1969 It was a seemingly con the assumptions that the times are too peri cumulates grievances and irritations; these servative president who "Initiated" and pub lous and activist presidents will promote find an outlet through Congressional criti licized a major progressive change in federal liberal and moral altruiStic pollcies. ciSm and ultimately counterweight execu welfare pollcles. Today, but one generation removed from tive power. Blocs become more Insistent and The tide factor m ay also be relat ed to presi the Depression and World War II, from t he intransigent ln their opposition to the ad dential relationships with pollcy elites within age of Hitler, Roosevelt, Staltn and Church ministration program. A president ls usually or on the periphery of his administration. Are ill, the doctrine of llberal-plurallsm, as well discredited in Congress before he leaves. Time elected officials and their Immediate sta!fs the as that of the textbook presidency, has come and again a negative president follows a chief pollcy actors or do they merely absorb upon harder times. Some of the develop dynamic one. But negativity cannot be long and legitimize actlvltles of dominant ellte In ments responsible for rejection of pluraltsm endured, and the discontented seek a stand terests? James Young has suggested that the and central government have, I think, or ard bearer once again. Je!fersonlan period presidents were more suc will, affect support for the presidency as an Our system ls able to reckon with this cessful in their legiSlative programming when institution. It IS unnecessary to dwell for change of mode, this realignment of in· cabinet officialdom worked In close atiiliatlon long on the diverse sources of discontent terests. We cannot predict content or timing, with the White House rather than with con with plurallsm as a doctrine and an explana but the fact of periodicity is undeniable." "' gressional committees.oo When congressional tion; merely noting the following trends: Even In periods of perceived sustained committ ees and enlarged departmental bu a) Intense indignation with the "Johnson crisis there will probably be shifting patterns reaucracies developed an intricate communi Nixon" war conduct and negotiations ln of preferences for some policy actor over cation network of their own, presidents be Vietnam, b) a resurgence of studies on the others. These shifts no doubt are Influenced came more dependent on cabinet level offi left and right that suggest that America Is by dl!ferent assessments of competence and cials than was previously the case. It ls often more a closed than an open society and that new notions about what ls most Important. now ol;>served that e!fect ive interest groups lt ls dominated by special interest elltes For example, more people right now seem to along with key congressional leaders are more largely immune from popular accountability, reel that criSes at home are more pressing likely the significant cue givers for cabinet c) a more sophisticated social science re and deserving of public attention than crises and bureau executives than the temporary search concentration on political system in Indo-China. And presidents, now, just as team of partisans who happen to be then in policy outcomes that suggests qualitatively in the past, are subject to these accentuating residence at the White House.f>T Hence, lt may that much of what passes for social action shifts. be worthwhile to study t he varying patterns programs does not achieve intended e!fects, Presidents strive quite deliberately to gear of influence between presidency and pollcy and quantitatively, that economic variables their style and that of their White House elltes and to explore the conditions under appear to explain far more than civic or entourages so as to noticeably dl!ferentiate which the balance shifts one way and then polltical leadership variables, and d) a sense between themselves and their predecessors. another. of despair with ldeallstic voluntary strate Hence, a Kennedy shuns publicity about his (E) In the recent past, many writers have gies for the resolution of hard core social own golf and avoids the use of multilateral impllcitly essayed that the presidency has and development problems as seen in the summit meetings. A Johnson forbids his been an enormously successful and "healthy" critical questioning of the worth of a Peace sta1I to become celebrities and accentuates Instrument of American progress and sta Corps, VISTA or simllar short term "good his legislative wlzal'd Image to dramatize the blllty. For those who belleve the U.S. polltlcal will" activities. dl!ferences between himself and Kennedy. A system ls abundantly comprised of lndlvld But just as the textbook presidency spon Nixon strives for less props at news con uallstlc entrepreneurs calculating short term sors were everly generous ln their pictures of ferences and seeks to project an image of a advantages for themselves-"what's in lt for the presidency, one wonders whether current calm, deliberate lawyer. So it IS that often a me?"; "What's in lt for my d!strlct?"-the schools of critics and reappra!sers are not seemingly passive president wlll replace an presidency appears conveniently to rise above fixing more blame on the presidency and activist one-but these contrasts may be the "politicians" and to be a representative presidents than ls reasonable. People clearly both more calculated than real. of all the people and the long term national support those Institutions which they feel Passing reference should also be made to interests. For those who see national pollcy will act ln such a way as to further their the fact that presidential popularity seems to developments as resulting from clashes personal values. What we see at work here, wane as the years roll by. With the exception among competing elites responsive to diverse I think, is that several values, some of which of Eisenhower, In whose case the drop Is of interests, the presidency appears as the logi are Indeed in conflict with each other, are only sllght magnitude, presidential incum cal center of conflict resolution and ultimate generally endorsed with some becoming em bents since 1945 have invariably lost popu pollcy integration. (One should appreciate phasized over others in a shifting fashion ... larity as their presidency neared Its comple that even polltical scientiSts make value A perceived ineptness and clumsiness on the tion. Similarly, presidential legislative box rooted institutional assessments.) part of national government and national score "successes," albeit a misleading Indica Part of the favorable and indulgent dis leadership may be part of this pattern of tor, Is also related to length of time since position toward the presidency may lie in shifting emphasis. America IS in need of a their last election."" This same type or dimin the Ideological heritage of recent genera lot more constructive leadership at all lev IShing potency IS also at work in the area of tions. In the Thirties and Forties, it must els-and not all of it will, nor need, come personnel recruitment. Close observers of have been hard not to Identify with American from the presidency. We might promote both Kennedy and Johnson presidential top level political institutions, perhaps symbolized In a more accurate polltical science and a more recruiting amrm that a president has far less the presidency, which were then coming un resilient civic culture if we make our values of a chance in recruiting hiS first choices for der international attack. Consider the fol more explicit and entertain a more sophisti top posts after the first year o! a new admin lowing perceptions: cated recognition of the varying and shifting IStration. Then, too, as mentioned earlier, "Across the sea, mtler defiantly taunted response to national institutions. press- criticiSm invariably becomes more cut the democracies as impotent. PraiSe for the On balance, of course, it is true that under ting and seemingly more ad hominem after efficacy of the FasciSt dictatorship in Italy certain circumstances a president can ignite the first year and a half. was heard in surpriSingly high places in the the nuclear destruction of a substantial por Clearly some "tide" factors are at work, de democracies. Some doubts were being ex tion of the world or commit U.S. troops into spite our lack of understanding of their pressed as to the ablllty of the presidential internationally troubled criSis zones. But the system to supply the bold dynamic leader American president 1S in no better position Footnotes at end of article. ship required for solution of the problems of to control Bollvlan instab1llty, Brazll from October 5, 1970 CONGRESSIONAL RECORD-SENATE 34927 wrrung Communist, or Vietcong penet ration analysis Of New Deal and post-New Deal Press, 1940); Pendleton Herring, Presidential lnto cambodia than he can make the stock presidential performance had an important Leadership (New York, Farrar and Rinehart, market rise or medical costs decline. It 1a influence on political science. Neustadt's ex 1940); Richard Hofstadter, American Politi misleading to Infer from a president's ca plication of the notion that a leader's power cal Tradition (New York, Knopf, 1948); and pacity to drop an A-bomb that he is stmt hinged upon his capacity to persuade and Harold J. Laski, The American Presidency Iarly powerful In most other International or his capacity to persuade rested upon his (New York, Grosset and Dunlap, 1940) . domestic poUcy areas. The more poUtical Image and reputation were insightful and "' And this Is now beginning to take place. scientists engage in longitudina l policy anal provocative. It is interestnig to note, how See, for example: Barton J. Bernstein (ed), ysts, admittedly something we are not very ever, that Neustadt's own expectatlonal op Toward a New Past (New York, Random proficient at yet, the more it becomes ap timism about the potential for presidential House, 1967). This is not to say there haven't parent that presidents, in fact, are rarely leadership is more tempered in his later writ been a variety of books that questioned the free agents when It comes to effecting new ings, especially Alliance Politi cs (New York, result of Franklin Roosevelt's aggressive and policy directions or dismantling policies Columbia University Press, 1970. See also activist orientation, it Is rather to note that which they have Inherited. A more system the recent assessment of his argument by such books have only seldom been used in atic understanding of presidency influence Peter W. Sperllch, "Bargaining and Overload: general college courses. Two notable books on poUcy accomplishments must await a An Essay on "Presidential Power," in Aaron in this latter genre are: James Burnham, more thorough examination of the role of Wlldausky (ed.), The Presidency (Boston, Congress ana the American Tradi t i on (Chi policy eUtes in White House-departments! Little Brown, 1969) , 168-192. • cago, Henry Regnery, 1959); and Amaury de and White House-congressional exchange 17 Ibid., 43 (Wlley Science p aperback edi Rlencourt, The Coming Caesars (New York, systems.•oo tion, 1962) . Coward-McCann, 1957). Theodore Lowi's The FOOTNOTES " Ibid., 167-168. End of Liberalism (New York, Norton, 1969) 10 1 Tbe views expressed are the author's and Burton P. Sap!n, The Maki ng of United may also become a popular college text which do not represent those of the trustees, om States Foreign Policy (Washington, D.C., The has a decidedly anti-New Deal presidential cers or other staff members of Tbe Brookings Brookings Institution, 1966) , 90. government point of view. Institution. "' But see the ambitious attempts at this os Tbeodore C. Sorensen, Decision-Making • Lawrence J. R . Herson, "Tbe Lost World type of inquiry by Erwin C. Hargrove, Presi in the White House (New York, Columbia of MunJclpal Government," Ameri can Polit denti al Leadership (New York, Macmlllan, University Press, 1963), 75. To some extent ical Science Review, Vol. LI, No. 2 (June, 1966); Alexander and Juliette George, Wood this first book by Sorensen Is an exception to 1957}. 331. row Wilson ana Colonel House (New York, the rule, for Its stress is on the Umlts of >David Easton and Jack Dennis, Children Dover, 196~rlginally published in 1956); presidential decision-making and unlike in the Political System (New York, McGraw and the recent work of James David Barber, some of his own later writing, It reflects Ken Hill, 1969); and Fred I . Greenstein, Children "Tbe President and His Friends," Paper de nedy's very dtmcult struggle to get even llm and Politics (New Haven, Yale University Uvered at. the meetings of the American Po ited legislation passed In 1962-1963. Press, 1965) . litical Science Association (New York, Sep "" Andrew Hacker, "Election Stories," Com • See the discussion in Byron G. Masslalas, tember, 1969). mentary (December 1965), 110. Education and the Political System (Read 21 In his 1968 book published during the •• President Richard Nixon's Inaugura l d a y ing, Massachusetts, Addison-Wesley, 1969). campaign: Nelson A. Rockefeller, Unity, speech, January 20, 1969 In Washington, D.C. 41 Ch.3. Freedom and Peace (New York, Vintage Lyndon B. Johnson, Public Papers of the • Fifteen standard college American gov Books, 1968), 152-153. Presidents, 1963-1964 (Washington, U.S. Gov ernment introductory texts and another fif "' Remarks of Senator John F . Kennedy, ernment Printing Office, 1965), Vol. II, 1391. teen more specialized presidency or national Stuyvesant Town Rally, New York, New York, "'Arthur M. Schlesinger, Jr., The Crisis of policy making studies were examined with October 27, 1960. Confidence (Boston, Hougton Muffiin, 1969 ), a special interest In the type:: of images, per "" Ibid. 288. ceptions and facts about presidential per >< Theodore H . White, The Making of the .. Anthony Howard, "No Time for Heroes," formance. Tbe case made in this section Is President 1960, op. cit., 450-451. Harper's Magazine (February 1969), 91-92. merely Illustrative. No claim of quantitative '" Tbeodore H . White, The Maki ng of the •• See the report on presidential popularity 1945-1970 In The Gallup Opi n i on Index analysis is impUed. Any definitive exercise of President 1968 (New York, Atheneum, this sort would require a quantitative content 1969). 428. (February, 1970) , 8- 16. See also the quite analysis of textbook images over time and insight ful analysis by John E. Mueller, "Pres ,. See, for example, Lucy Malr, Primitive idential Popularity from Truman t o John the degree to which variance eXIsts among Government (Balt imore, Penguin Books, them. These would then be counter-balanced son," American Politi cal Science Review 1962). (March 1970) , 16-34. by an extensive number of cases which "' Tbomas A. Bailey, Presidential Greatnes3 demonstrate that these images are incorrect •• For a detailed analysis of assassination (New York, Appleton-Century, 1966), 3. attempts directed at the Office of the Presi or misleading for an understanding of actual "' Dixon Wecter, The Hero in America (Ann presidential performance. While such a study dent, see: Ch. 2 in James F. Kirkham, et al., Arbor, Tbe University of Michigan Press, (eds.) , Assassination ana Poli tical Violence, is feasible and would be highly interesting, 1963--or!gtnally published 1941), 8. the scope and intent of this paper are more A Statf Report to the National Commission "' WilHam H. Riker, Democracy i n the llm1ted and modest respectively. on the Causes and Prevention of Violence United States (New York, Macmillan, 1967), • Robert Carr, Marver Bernstein and Wal (Washington, D.C., U.S. Government Print 2nd ed., 188. ing omce, 1969). ter Murphy, American Democracy in Theory 30 and Practice, 4th ed. (New York, Holt, Rine Eugene McCarthy, "Thoughts on the .. George E. Reedy, The Twilight of the hard and Winston, 1965), 447. Presidency," guest column In The New York Presidency (New York, World PubUsh!ng, Ti mes (-March 30, 1968). • William A. McClenaghan, Magruder's 1970). 14-15. :n The Ga!!up Opinion Index, Report No. 1 American Government (Boston, Allyn and • Murray Kempton, "At King Lyndon's Bacon, 1962), 262. 56 (February, 1970), 19-22. Court," New York Review of Books, (April • Clinton Rossiter, The American Pr esi "" Murray Edelman, The Symbolic Uses of 10, 1969) . 8. dency, revised edition (New York, New Politics (Urbana, University of llllnols Press, "Charles Frankel, H i gh on Foggy Bottom American Library, 1960}. 17. 1967). 76. (New York, Harper and Row, 1969) , 234. • William H. Young, Essentials of American 33 Ibid., 78. •• Eric F. Goldman, The Tragedy of Lyndon Government, 9th ed. (New York, Appleton "' Robert D. Hess and Da vid Easton, "The Johnson (New York, Knopf, 1969), 515-516. Century Crofts, 1964), 251. Child's Changing Image of the President," .. Townsend Hoopes, The Limits of Inter 1• James M. Burns and Jack W. Peltason, Publi c Opinion Quarterly, Vol. 24 (Winter, v ention (New York, McKay, 1969) , 116-116. Government by the People, 5th ed. (Engle 1960), 644. "' Richard E. Neustadt, Alliance Politics wood CUffs, N .J., Prentice Hall, Inc., 1964), '" In studies of elementary school level so (New York, Columbia University Press, 1970 ). 43~35. cialization process, Hess and Torney find that ., Ibid, 148- 149. 11 James M. Burns, Presidential Government the stress on loyalty to the nation results 53 Edward C. Banfield, The Unheavenly City (New York, Avon Books, 1965), 326-327. in an unquestioning patriotism and a high (Boston, Little Brown, 1970); Peter F. Druck 12 Theodore H. White, The Making of the level of trust as well as awe toward govern er, The Age of Discontinuity (New York, Har President 1960 (New York, Pocket Books ment operations. See Robert Hess and Judith per & Row, 1969); Andrew Hacker, The End of 1961). 441. Torney, The Development of Polttical Atti the American Era (New York, Antheneum, " Tbeodore H . White, "Tbe Action Intel tudes i n Children (Garden City, N.Y., 1970); Tbeodore J . Low!, The End of L i beral lect uals," A 3-Part Series, Life (June, 1967) . Doubleday, 1968), Ch. 5. It is generally as ism (New York, 1969); and Daniel P. Moyni • see also an insightful discussion in: Nel sumed that civics education in high school han, Maximum Feasible Misunderstanding son Polsby, Congress and the Presidency Is likewise characterized by uncritical rituals (New York, Macmillan, 1969). (Englewood CUtfs, New Jersey, Prentice Hall, of system support. See M. Kent Jennings and "' Richard Revere, "Letter from Washing- 1964) Chapter 2. Richard G. Niemi, "Tbe Transmission of Po ton," The New Yorker (July 18, 1970) , 77. " Clinton Rossiter, op. cit., 250, 84 and Utical Values from Parent to Child," Ameri .. Banfield, op. cit., 252-253. 68-69. can Political Science Review (March, 1968), "" Moynihan, op. cit., 168 and 170. " Ibid., 102. 177-178; and Byron G . Masslalas, op. cit. .. Low!, op. cit., 288 . •• Richard E. Neustadt, Presidential Power .. Edward S. Corwin, The President: Office .. Ibid., 292-293. (New York, Wlley, 1960). Tbls pioneering and Powers (New York, New York University .. Drucker, op. cit., 221. - - 34928 CONGRESSIONAL RECORD-SENATE October -~, 1970 OOJbid., 220. lnslghtful discussions In How Organiza PROGRESS BY CO:MMITTEE ON THE OtHacker, op eft., 142 and 153. tions Are Represented in Washington (New JUDICIARY ON S. 3201, CONSUMEJl a See, for example, the central focus on York, BobbS-MerrUl, 1969). CLASS-ACTION BILL . the failure of the Pranklln Roosevelt and "'Oeralnt Parry, Political Elite• (New Harry TrUman presidencies in Bernstein, York, Praeger, 1969), 75. See also the deft Mr. HRUSKA. Mr. President, due to Toward a New Past, op. eft.; and Barton nltlonal discussions in Suzanne Keller, circumstances beyond the control of the Bernstein, et. al., Politics and Poliefes of the Beyond the Ruling Class (New York, Random members of the Senate Judiciary Com Truman Administration (Chicago, Quad House, 1963) mittee, the committee was not able to rangle BookS, 1970). ""Heath, op eft.; Gilbert Y. Steiner, SoefaZ act in executive markup session on S. .. McGeorge Bundy, The Strength of Gov Insecurity (Chicago, Rand McNally, 1965), ernment (Cambridge, Harvard University Cb. 9.; and Thomas E. Cronin and Norman 3201, as amended by the Senate Com Press, 1968); See also: James Reston, New c. Thomas, "Educational Polley Advisers and merce Committee. Hence, no inference York Times columns, passim. the Great Society" Publtc Poltcy (Fall, 1970). should be made because the Judiciary "'Arthur M. Schlesinger, Jr., The Crisis of 83 Parry, op. eft., 91. Committee did not amend the bill. Since Confidence (Boston, Houghton M1ftlln, 1969), "'Scammon and Watenberg, op. eft., 305. the holding of hearings by the Judiciary 298. 15 See, tor examples, Louis Koenig, The In Committee on August 27, 28, 31, and • Data here and in Tables 1 and 2 come visi ble Presidency (New York, Rinehart, September 1, I list the following: from a national sample survey of adult 1960); Patrick Anderson, The Presidents' First, record votes on the floor of the Americans sponsored by the Department of Men (Garden City, New York, Doubleday, Political Science, The University of North 1968). For an earlier example of this genre, Senate on military procurement author Carolina, March, 1969. Field data was gath see: Joseph Alsop and Robert Kintner, Men izations-H.R. 17123-late in the after ered by Harris Associates and the project was Around the President (New York, Doubleday, noon of September 1 which required a coordinated by Professors Thad Beyle and Doran, 1939). postponement for hearing the remain Robert Lehnen of the University of North "A detlnltlon suggested by Heinz Eulau ing five witnesses scheduled to testify; Carolina. and Harold Quinley, State Offlefals and Second, a Labor Day recess from Sep • Alexander M. Bickel, The Supreme Court Higher Education (New York, McGraw-Hill, tember 2 to September 9; and the Idea of Progress (New York, Harper 1970). 169. Third, scheduled public hearings by & Row, 1970). "' These interviews were conducted by the .. See footnote #65. author, Spring, 1970. Thirty members of the the full Judiciary Committee on the • Andrew McFarland, Power and Leader Kennedy and Johnson White House staffs equal rights amendment on September ship in Pluralist Systems (S11anford, Stanford were interviewed, the sample consisting pri 9, 10, 11, 14, and 15. University Press, 1969), 154-155. marily of senior aides who had policy spe Fourth, a previously arranged execu • See footnote #65. clallzatlons or program portfolios. · tive session on September 16 to consider ,. James L. Sundquist, Polities and Policy • Tbls question was an open-end question. a large agenda of bills deferred because (Washington, D.C., The Brookings Institu Coding categories here are, ot course, ap of the pending Senate business; tion, 1968) , 415. proximations ot respondent's general orienta n See: Nelson Polsby, ''Polley Analysis and tions. Fifth, the final day of public hearings Congress," Public Policy (Fall, 1969). 67. 81 See: Charles L. Schultze, The Polities on S. 3201, had to wait until Septem ,.. See: Abraham Holtzman's Legislative and Economics of Public Spending (Wash ber 21 to be scheduled; Liaison: Executive Leadership in Congress Ington, D.C., The Brookings Institution, Sixth, the printing of the record of (Chicago, Rand McNally, 1970). Holtzman 1968); and James L. Sundquist, Making Fed hearings on S. 3201 had to be delayed sees the presidency as the dominant ln11u eralism Work (Washington, D.C., The Brook and are being fl.led on October 8 in the ence In legislation, but his analysis also lends Ings Institution, 1969). Senate; support to the notion that the executive 00 See the instructive study of President branch is very dependent on national legiS Johnson's failure to launch a "new towns Seventh, the votes on the cloture mo lators. He reports, moreover, that many or in-town" program: Martha Dertblck "De tion on Senate Joint Resolution 1; the Kennedy Admlnl.stra.tlon legiSlative teat at Fort Lincoln," The Publtc Interest Eighth, the pending bills in the Sen liaison ofliclals "concluded that Congress (Summer, 1970), and her forthcoming mono ate-such as bank holding company, frequently improved the executive prOduct." graph on the political and federalism ob manpower training, air quality stand Expansion or executive branch legislative stacles to thls Wblte House policy lnl.tlative. ards, antiobscenity bill, various appro relations teams does not mean that the 111 See statement in footnote #88. priations bills, equal employment oppor presidency necessarily becomes more inde .. Corwin, op. eft., 330. pendent from Congress, for legislative rela 00 Laski, op. eft., 12-13. For a much earlier tunity, highway construction bill, and tions oflicers serve almost as much as diplo ebb and ftow explanation see also: Samuel others too numerous to mention indi matic emissaries from their legislative con P. Orth, "Presidential Leadership," Yale Re vidually-which were considered while stituency as to it. view (April, 1921), 451-466. Senate Joint Resolution 1 was temporar " Pendleton Herring, PresidenttaZ Leader .. Herring, op. eft., 8-9. ily set aside. ship (New York, Farrar and Rinehart, 1940), .. Congressiona~ Quarterly Almanac, 1968, In the meantime the leadership in 9. op. eft., 97. Data for Eisenhower, Kennedy formed the Senators that objections to "David E. Price, "Who Makes the Laws? and Johnson years only. The Legislative Roles of Three Senate Com 01 James S. Young, The Washington Com committee meetings would be lodged so mittees," (Unpublished Ph.D. dissertation, muni ty (New York, Columbia University that full attention would be given to Yale University, 1969), 490. Press, 1966), 204--205 and p. 239. Senate Joint Resolution 1. This proced '"Congressi onal Quarterly Alm anac (Wash •• See: Lowl, op. eft.; Douglass Cater, Power ure was in effect untll the second cloture Ington, D.C., Congressional Quarterly Inc., in Washington (New York Random House, motion was acted upon by the Senate on 1968). 97. 1964) , Ch. 1 and 2; and Richard E. Neustadt, September 29 . .. See the useful discussion in: Grant Mc "Politicians an d Bureaucrats," In David B. Upon completion of the public hear Connell, The Modern Presidency (New York, Truman (ed.), The Congress and America's St. Martin's Press, 1967), 48-51. Future (Englewood Cllfl's, New Jersey, ings on September 21, the Senate Judi '"V. 0. Key, Publi c Opinion and American Prentice Hall, 1965), pp. 102-120. ciary Committee programed several ex Democracy (New York, Knopf, 1964) ; James 08 Herbert Emmerich, Essay on Federal Re ecutive sessions beginning with Septem Sundquist, op. eft.; Samuel Lubell, The Hid organization (Alabama, Universit y ot Ala ber 22 for the law enforcement assist den Crisis in American Poli tics (New York, bama Press, 1950), 62. ance administration bill, the consumer Norton, 1970) ; and Richard M. Soammon and .. See Herbert Kaufman's views on con class action bill and the equal rights Ben J . Wattenberg, The Real Majority (New flicting and sblftlng sets of values character amendment bill. On the 22d no quorum York; Coward-McCann, 1970). lzlng the organization of administrative was reached. On the 23d the committee n C. Wright Mills, The Power Elite (New processes: "Emerging Conflicts 1n the Doc York, Oxford University Press, 1956); G. Wil trines of Public Administration,'' American did not reach a quorum for almost 1 hour l!am Domhofl', The Higher Circles (New York, Polittcal Science Review (December, 1956), after the designated time and the com Random House, 1970) . 1057-1073; and "Adminl.stratlve Decentrall mittee was barely able to report the .,. Bernstein, op. eft.; Low1, op. cit. See also za.tlon and Political Power," Public Admin omnibus crime control bill at the time Jim F . Heath, John F . Kennedy and the BUSi istration Review (Jan./Feb., 1969) . a vote was beghming on the Senate floor ness Community {Cblcago, University or 1"" Recent suggestions made about the at 12:30. Chicago Press, 1969) . study of elite ln11uence on state policy may Although the members of the Judiciary oo David B. Truman, The Governmental also prove fruitful for studying presidential Process (New York, Knopf, 1951); More re and national elite impact on policy, see: Committee were canvassed since that cently see: Arnold M. Rose, The Power Richard I. Hofl'erbert, "Elite Inftuence ln date, and although several days were Structure (New Yom, OXford Unl.ve!'Slty State Polley Formation," Policy (Spring, specified for an executive markup ses Press, 1967}; and Lewis ~thony Dexter's 1970). 316-344. sion on the consumer class action bill, October 5, 1970 CONGRESSIONAL RECORD-SENATE 34929 the pressing business of the Senators, of previous hearings. Since they are too prominent member of the Senate Com the Senate, and further, the objections lengthy to read at this point, the debates merce Committee said in his individual to have meetings while Senate Joint on the bill will stress those key points. views: Resolution 1 was the pending business, However, it is pertinent to state concisely While I was an original co-sponsor ... the precluded the gaining of a quorum to act some of the reasons why the bill in its bill as reported !rom this committee bears on S. 3201. present form is not in the best public little resemblance to that which was Intro Hence, no inference should be made interest: duced ... I am hopeful, therefore, that the First. Chief Justice Warren E. Burger bill wlll be susbtantlally modified either by that the Judiciary Committee did not the Judiciary Committee or on the Senate act on the bill. As I stated, it did not speaking over national television at the floor, and I shall support etforts In this act because it was precluded from doing American Bar Association said after re regard. so for reasons above detailed. ferring to crowded court dockets: However, let us examine the record of Meanwhile, not a week passes without Senator MARLOW W. CooK, who as a action by the Senate Commerce Com speeches in Congress and elsewhere and edi member of the Judiciary Committee did torials demanding new la.ws-to control pol yeoman work while attending each of - mittee. lution, !or example, and new laws allowing the 5 days of hearings, wrote a strong RECORD OF ACTION IN COMMERCE COMMITTEE class action by consumers to protect the dissenting view on S. 3201, as a member The Senate Commerce Committee, ac public ... No one can quarrel wtth the of the Commerce Committee. I urge each cording to its report to the Senate, held needs. The ditl!culty lies In our tendency to Member of this body to read these views 1 1eet new and legitimate demands With new hearings on December 16 and 17, 1969, laws which are passed without adequate con on pages 74 through 78 of the Commerce February 3 and 5, March 17, 18, 19, and sideration of the consequences in terms of Committee report. Senator CooK noted April 9, 1970, or 8 days to hear 28 wit caseloads. there these points: nesses. Now we must make a choice of priori First. S. 3201, as amended, provides for However, more significant is the fact ties ... Neither costs nor the number of wide-open class action suits of question that, although the Commerce Committee judges can be held down 1! the caseload iS able value to the consumers but of se finished hearings on April 9, 1970, it took steadily enlarged. rious impact on the Federal judiciary a long series of executive sessions--until And of course the bill reported by the machinery; July 28, 1970-for the committee to agree Commerce Committee did not and could Second. The bill gives the Federal on its reported bill. Then it took the not provide additional court personnel or Trade Commission carte blanche author Senate Commerce Committee an addi facilities, neither can Judiciary Commit ity which Congress should reserve to it tional 18 days to file its report to the tee or even the entire Congress do so on self in the matter of requiring new re Senate on August 14. The report itself such short notice and considerations. quirements of conduct and prescribing was printed and distributed to us on Second. Judge Alfred P. Murrah, Di criminal penalties therefore. August 18-4 days later. The time it took rector of the Federal Judicial Center and Third. The bill makes FTC the reposi the Senate Commerce Committee to hold Mr. Rowland F. Kirks, Director of the tory of functions of lawmakers, judges, hearings, conduct executive session, and Administrative Office of the U.S. Courts and prosecutors; this is obnoxious in our have its final determinations reported agreed that the bill, as amended, does system of government. to the Senate, as outlined above, testifies raise serious questions and could re Fourth. The bill cxeates conflicts when to the importance and significance of forge the judicial machinery. Hence the suits are filed in State and Federal this proposed measure. impact on the Federal court workload courts; confusion and delay will result. Mr. President, it is a sad state of af and efficiency, and the cost, in terms of Fifth. The adverse impact of the bill fairs that the Senate must act on a bill additional facilities, tools, personnel and on voluntary settlements, will heavily as significant as this one without giving judges, for the taxpaying consumers penalize consumers who have a just com the Judiciary Committee-that is, the could offset their small gains individu plaint. Voluntary and speedy settlements appropriate committee under our rules ally under this bill. should be encouraged, not prevented. in matters affecting our Federal judicial Third. Senator NORRIS COTTON, rank Sixth. The harassment caused to system-every possible opportunity to ing Republican on the Senate Commerce small and large businessmen through siz act. It is better to wait even until early Committee, in his individual views on able costs of litigation-win or lose-will next year to pass a good bill that will S. 3201, as amended in the Commerce inevitably lead to strike suits. The cost of truly protect the consumer and preserve Committee said: such suits Will necessarily be reflected in the effectiveness of the Federal judicial This blll makes far-reaching changes in product prices, without yielding any ben system. This is much to be preferred than the consumer protection powers of the Fed efits to the consumer. to proceed hurriedly just to meet an ad eral Government, and could, 1! it is enacted, Seventh. The public should be aware journment date. turn our Federal Court system of small of this misplaced enthusiasm for an un The consequences resulting therefrom claims courts. restrained Federal class action. It will in the form of a bad bill is a big price We must not lose sight of the !act that the not be a panacea for consumer wrongs, to pay. The present form of the bill will Federal courts are so badly burdened to day that most students of the system are especially the hard-core ghetto frauds, adversely re-forge our Federal judicial seeking ways to lighten the caseload of the such as bait and switch tactics. system to the detriment of the American Federal Judiciary. (Citing Chief Justice Eighth. The basic remedies provided public generally and will give very little Burger's ABA speech.) in the original bill S. 3201, to the Federal gain to the American consumer. In fact Some had led consumers to believe the Trade Commission and Department of it will bring him harm. adoption of this class action procedures blll Justice were realistic attempts to deal The consumer will be burdened by ad bring them inlmediate relief. I! this were so, with these problems. However, the Com ditional taxes, by delays in other court I would endorse this procedure not-With standing the impact of permitting such ac merce Committee in reporting this bill actions--civil and criminal-and most tions upon the already overworked Federal has too quickly, and wrongly so, assumed significantly, in the security to himself, Judiciary System. I am convinced, however, in adopting the private class action, that his family, and his home by delays in that this b!ll otrers no substantial prospect responsible Government officials when criminal trials. Such delays will permit for relief of consumers generally, but rather provided with effective tools will not re alleged criminal offender to roam the wlll simply serve as a vehicle to enrich those spond to a public need. streets robbing, raping, and murdering law firms which have euphemistically de Ninth. Congress should proceed in a innocent people, who could very well be nominated themselves as "public interest rational and logical manner. The bill as the consumer class action plaintiffs un law firins." I! on the other hand these class action reported does not result in such proce der this bill-all of this because of the suits become common practice, business Will dure. intolerable and unnecessary burden pass the expense o! constantly defending Mr. President, I shall not quote from placed on the Federal court system. against them to the Consumer in the form the many fine statements of professors, Mr. President, anyone examining the of higher prices. I wonder why with all the private attorneys, and trade associations public record of the Judiciary Commit present solicitude for the consumer no one specializing in this area of class action, tee hearings would be most impressed seems to remember that he Is vitally inter but in principle many serious questions with the colloquies between the Senators ested in the prices he has to pay. were raised during their testimony, and the witnesses, a good portion of Senator HowARD H. BAKER, a former whether they spoke for or against the which were not a. part of the record in member of the Judiciary, and now a reported bill. ~----~- 34930 CONGRESSIONAL RECORD-SENATE October 5, 1970 It is urged that we move carefully and Mr. WILLIAMS of Delaware. Mr. ident, that was my understanding. It was judiciously in this matter and not rush President, I understand no Senator my understanding that we could vote on through a bill just for the sake of saying wishes to speak. I am going to suggest the Ervin amendment first. Then we we are enacting a consumer class action that the Chair have the clerk call the would vote on the Griffin amendment as bill. We will not be doing any such thing. roll. If there is objection perhaps we can amended by the Ervin amendment. Then We will be enacting a bill that will re get consent to vote in an hour or some we would go on to a vote on Senate Joint strict our Federal courts to the great dis such period. Would an hour's limitation Resolution 1 as amended, or after the advantage and to the detriment of our of debate be satisfactory? vote on the Griffin amendment. people--all of wbom are consumers--for Mr. GRIFFIN. Mr. President, a parlia I think we should go on and call the a long, long time. mentary inquiry. roll on these amendments in an orderly Hence, tbis matter should be deferred The PRESIDING OFFICER. The Sen way. If all some people want is a vote for more judicious deliberation. Time ator will state it. on cloture, then lay this bill aside and must be taken to debate each of the Mr. GRIFFIN. What did the Chair say take up something else. If we wanted to many amendments that bave been sug was the pending business? have another vote on cloture, we could gested at the request of the Judiciary The PRESIDING OFFICER. The go ahead and perpetuate the farce that Committee and by the many witnesses pending question is on agreeing to the has been going on for some time. who bave appeared before the Senate amendment offered by the Senator from I would think we should vote on this Judiciary Committee bearings. Among North Carolina as a substitute for the proposal. tbese are several well considered amend amendment offered by the Senator from Mr. President, I ask unanimous con ments from the Department of Justice Michigan. sent that at 4 o'clock we proceed to a and individual Senators. Mr. GRIFFIN. I thank the Chair, be vote on the Ervin amendment. The better course to pursue is to de cause I did not hear the statement that Mr. BAKER. Mr. President, I object. fer tbe bill to next year's session when a the Ervin amendment was the pending The PRESIDING OFFICER. Objection composite bill of the Commerce and Ju question. is heard. diciary Committee's better judgment is The PRESIDING OFFICER. The Mr. BAKER. Mr. President, a parlia reached. question is on the amendment. mentary inquiry. However, 1f this procedure is not done, Mr. BAKER. Mr. President-- The PRESIDING OFFICER. The Sen then after the bill is made the pending The PRESIDING OFFICER. The ator will state it. business of the Senate, there will be pro Senator from Delaware bas the fioor. Mr. BAKER. Do I still have the floor? posed certain amendments or substitute Mr. WILLIAMS of Delaware. No; I am The PRESIDING OFFICER. If the measures which will require thorough Senator is seeking recognition, be can ready to vote. be recognized. debate and discussion before any vote is Mr. BAKER. Mr. President, I recog taken. Mr. BAKER. Mr. President, of course nize the desirability of having an early two or three things occur to me in this resolution of tbis confiict. We have been respect. Every time we have attempted to CONCLUSION OF MORNING at it for some time. I am terribly in sym explore or the Senator from Indiana has BUSINESS pathy with the desire of the distingUished attempted to explore the possibility of Mr. BYRD of west Virginia. Mr. Presi senior Senator from Delaware, but, as I having an early sequence of votes, we dent, is there further morning business? indicated and as other Senators in get along well until we get to the question The PRESIDING OFFICER. Is there dicated on Friday last, there is, after all, of a vote on direct popular vote. a cloture vote scheduled for 12 o'clock on I wonder 1f the distinguished Senator further morning business? If not, morn tomorrow. There is, at least in my mind, ing business is closed. from Delaware would be agreeable to a possibility that the Senate could con putting down a unanimous-consent order sider further the original proposal, that on voting on Senate Joint Resolution 1. DffiECT POPULAR ELECTION OF THE is to say Senate Joint Resolution 1, pro Mr. WILLIAMS of Delaware. I have no PRESIDENT AND THE VICE PRESI viding for direct popular vote. There are objection to voting on all of them, one DENT certain conversations underway in an ef right after the other, but it would make fort to explore the possibilities of ac Mr. BYRD of West Virginia. Mr. Presi a better procedure to vote on tbis one commodation. I make no representations and then aftflr that the Senator from dent, the laying before the Senate of the about whether tbey may or may not suc unfinished business is automatic, is it Michigan, I understand, will not have ceed. any objection to limiting time on bis not? The point of the matter is that I feel The PRESIDING OFFICER. The Sen amendment, and we can vote on it. Then two tbings should occur before we pro if there are no other amendments next ator is correct. The Chair lays before the ceed to vote: No. 1, every opportunity Senate the unfinished business, wbicb the in order would come Senate Joint Res should be given for every Member of the olution 1 as amended, 1f it is amended; clerk will state. Senate to discuss the pending amend and 1f not, then, as far ~ I am con The legislative clerk read as follows: ment in the nature of a substitute; and, cerned, we can have a rollcall. Calendar No. 1135, Senate Joint Resolution No.2, a full and thorough exploration of Let us follow through on the issues 1, proposing an amendment to the Consti the possibility of compromise and accom and get some votes. If we can get a tution o:f the United States relating to the modation ought to be undertaken before blanket agreement on all amendments election of the President and the Vlce Presi is dent. a vote taken on this or any of the and the resolution, I have no objection other of the several plans or on Senate to a blanket agreement. If we cannot get Mr. BYRD of West Virginia. I suggest Joint Resolution 1. it on all of them let us at least take this the absence of a quorum. With that in mind, I would hope that vote and get it out of the way. The PRESIDING OFFICER. The clerk we would not move to a vote at this time. Mr. BAKER. I appreciate the views of will call the roll. If the distinguished Senator from Dela the Senator from Delaware. The legislative clerk proceeded to call ware was propounding a unanimous Mr. WILLIAMS of Delaware. I am just the roll. consent request. I reserve the right to ob t rying to help get something rolling. Mr. BYRD of West Virginia. Mr. Presi ject. I did not understand that was the Mr. BAKER. If we finally get down dent, I ask unanimous consent that the thrust of his remarks. If be was not pro to propounding a unanimous-consent order for the quorum call be rescinded. pounding a unanimous-consent request, I order for a vote on Senate Joint Resolu The PRESIDING OFFICER. Without have a good bit to sa.y on the resolution, tion 1, and have a filibuster again, or ex objection, it is so ordered. and I would judge that probably the Sen tended conversation, which is the ex Mr. WILLIAMS of Delaware. Mr. ator from North Carolina (Mr. ERVIN) perience we have had in the past, would President, what is the pending business? and the Senator from Alabama (Mr. the distinguished Senator from Dela The PRESIDING OFFICER. The ALLEN) would, as well. ware join us at that time in seeking pending question is on agreeing to the Mr. ALLEN. Mr. President, the Sena cloture? amendment of the Senator from North tor from Alabama is ready to vote. No Mr. WILLIAMS of Delaware. Let us Carolina ------, 34934 CONGRESSIONAL RECORD- SENATE October 5, 1970 number of States-38-will not adopt it. right here in this seat for almost 1 Mr. HRUSKA. Mr. President, reserv So, Mr. President, at this time unless month, at least for the last 3 weeks, and ing the right to object, we have had a the distinguished Senator from Indiana has heard proposed the unanimous little discussion this afternoon of how and the distinguished Senator from Ten consent request to put aside Senate Joint long this motion has been before us. The nessee advise us that it is their intention Resolution 1. On almost each occasion figure of 3 weeks has been used, and it to filibuster the Ervin amendment for he has risen and said that the propo has been said that the leadership has the rest of the day to prevent a vote on nents of Senate Joint Resolution 1 are not given us enough time in the Senate it, then the junior Senator from Alabama ready to vote. If the opposition has any to discuss this proposition-that the is going to object to laying aside the thing to say let them be heard. struggle has been the same since Labor pending business. It is a rather curious thing to find Day. Last Tuesday, a week ago tomor On the other hand, if it is their inten us moving into the month of October row, there was a vote taken on whether tion to filibuster the Ervin amendment, and have the proposition proposed that or not there should be a limitation of the junior Senator from Alabama knows the leadership has not given us enough debate. The vote was 34 to 53, or 15 votes that they will have no difficulty in carry time to discuss Senate Joint Resolution 1 short of the necessary sentiment here ing on a filibuster for the rest of the day. because they put it aside. The facts of in the Senate that the debate should be The junior Senator from Alabama would the matter are that despite the rhetoric limited. then interpose no objection to laying to cover it up, there are a few Senators Since that vote, Mr. President, and aside the pending business. who have let the rules run, or have used immedately after that vote, Senate Joint I interpose an objection. the rules themselves actively to prohibit Resolution 1 was "temporarily laid The PRESIDING OFFICER. Objection us from voting on all the matters that aside." Since that "temporary" laying is heard. are before us. Whether we call it a fili aside, the Senate has been in session 26 Mr. BAKER. Mr. President, I have not buster or prolonged debate, I think any hours and 37 minutes on last Tuesday, had a chance to reply to the question. one can use whatever language he wants, Wednesday, Thursday and Friday. Mr. President, a parliamentary inquiry. and I do not in any way address these Of those 26 hours and 37 minutes only The PRESIDING OFFICER. The Sen remarks to any of my colleagues in a dis slightly more than an hour and a half ator will state it. paraging manner because they are using was devoted to a discussion of direct Mr. BAKER. Mr. President, do I cor their rights under the rules and I under election, and most of what discussion we rectly understand that objection is heard stand that, but the record needs to be were permitted to have was procedural to the unanimous-consent request? absolutely clear on what is happening. not substantive. During that same period The PRESIDING OFFICER. Objection We heard in the very eloquent fashion the Senate ftlled 438 pages in the REcORD, is heard. of our friend the distinguished senior only 16 of which pertained to electoral Mr. BAKER. Mr. President, I ask Senator from North Carolina, once again college reforms. unanimous consent that I may yield to that he is willing to vote on anything, The PRESIDING OFFICER. Will the the distinguished Senator from West Vir but then he said "except Senate Joint Senator suspend for a moment, please? ginia without losing my right to the fioor. Resolution 1." This is the type struggle Will the Senator from Virginia restate The PRESIDING OFFICER. Is there we have been faced with ever since Labor his motion? objection? The Chair hears none, and it Day. Mr. SPONG. The Senator from Vir is so ordered. Here is a matter that was passed in ginia will restate his motion. The mo UNANIMOUS-CONSENT REQU EST the House by a vote of 339 to 70, and tion is that the Senate stand in recess which was introduced in this body last until 4 o'clock this afternoon. Mr. BYRD of West Virginia. Mr. Pres January by some 40 cosponsors, that now The PRESIDING OFFICER. The mo ident. I ask unanimous consent that the has 13, 14, or 15 amendments, and we tion is not debatable. unfinished business be temporarily laid are willing to vote on all of them except Mr. HRUSKA. I apologize to the Sen aside with the understanding that a de the basic proposition of whether the peo ator from Virginia. I thought we had mand for the regular order no earlier ple of this country have the right to vote propounded a unanimous-consent agree than 3: 30 this afternoon may bring back for President or not. ment and I proceeded on that basis. I before the Senate the unfinished busi We sit here and listen to some Senators regret that my remarks held up consid ness, Senate Joint Resolution 1. suggest that the question is whether the eration of the Senator's motion. Mr. BAYH. Mr. President, reserving proponents of Senate Joint Resolution 1 Mr. DOLE. I ask for the yeas and the right to object-- want any reform or not, and that by re nays. Mr. DOLE. Mr. President, I object. fusing to sit idly by and permitting us Mr. MILLER. Yeas and nays. The PRESIDING OFFICER. Objection to vote on anything except Senate Joint Mr. SPONG. That is what I am trying is heard. Resolution 1 we are standing in the way to clear up for the record. Several Senators addressed the Chair. of electoral reform. That is rather ridicu The PRESIDING OFFICER. The yeas The PRESIDING OFFICER. The Sen lous tome. and nays have been called for. Is there ator from Tennessee has the fioor. I am realistic enough to know that a sufficient second? Mr. BAKER. I yield the fioor. under the cloture rule when we have had Mr. MILLER. Mr. President, I suggest Mr. BAYH. Mr. President, I have 60 percent of the Senate on two occa the absence of a quorum. served in this body for only approxi sions vote to shut off debate, we cannot The PRESIDING OFFICER. The clerk mately 8 years, which is not nearly as shut off debate that way; and I am real will call the roll. long as some of my colleagues. I do not istic enough to suggest we should seek The assistant legislative clerk pro suppose I have as much patience as I some accommodation and look for some ceeded to call the roll. should or as much patience as some of thing less than the perfect solution. But Mr. MILLER. Mr. President, I ask my colleagues; neither do I suppose my I am not willing to sit here mute and let unanimous consent that the order for patience is as short as the patience of those who are distorting the will of the the quorum call be rescinded. some of my colleagues. But I must say majority of the Senate say that the ma The PRESIDING OFFICER. Without with all due respect to some who have jority is against any kind of electoral objection, it is so ordered. preceded me that I have never heard in reform. Mr. MILLER. Mr. President, I ask for the 8 years I have been a Member of the The fact is that a few people have been the yeas and nays on the motion. Senate such a ridiculous dialog in an filibustering electoral reform, and that The PRESIDING OFFICER. Is there effort to distort what is happening. is what it is and there is no way to cover a sufficient second? There is a sufficient The suggestion has been made that it up and put another suit of clothes on second. the leadership has not given us enough it. The yeas and nays have been ordered, time to discuss this matter. I thi~ the and the clerk will call the roll. suggestion was made by the distin The assistant legislative clerk called guished Senator from Nebraska a mo RECESS the roll. ment ago in posing a question to the Sen Mr. SPONG. Mr. President, I move that Mr. BYRD of West Virginia. I an ator from Tennessee about putting aside the Senate stand in recess subject to the nounce that the Senator from North Senate Joint Resolution 1. call of the Presiding Officer, to not later Dakota (Mr. BuRDICK), the Senator from The Senator from Indiana has sat than 4 o'clock this afternoon. Virginia CMr. BYRD), the Senator from October 5, 1970. CONGRESSIONAL RECORD-SENATE 34935 Nevada ------34940 CONGRESSIONAL RECORD- SENATE October 5, 1970 relieve Senators of the burden of too I have a series of these amendments, that Federal agencies have been re many committee assignments and allow all of which I believe to be technical, and sponsive to reports of the GAO affecting them to concentrate on specialized areas. I am going to offer them and give a brief their operations. Under the amendment, Under the provisions of this bill, com explanation. There will be some amend Federal agencies would be required to mittee assignments would be limited to ments, both conforming amendments submit such statements to the Govern two major committees and one minor, and nonconforming amendments, that ment Operations Committees and to the select, special or joint committee. In ad will be offered, again to support the Sen Appropriations Committees in connec dition, no Senat or would be assigned to ate bill, s. 844 and make it a part of the tion with their next request for appro more than one of the following major bill before the Senate, H.R. 17654. priations. committees: Appropriations, Finance, REPORTS OF LEGISLATIVE REVIEW ACTIVITIES Mr. BOGGS. Mr. President, I certainly Foreign Relations, or Armed Services. S. 844 provided for an annual report of endorse the amendment. Much of this, of course, is custom now. review activities of each committee not I move that it be adopted. This legislation would formalize it. later than March 31 of each year. The The PRESIDING OFFICER. The ques Third, the Legislative Reorganization House bill modified this provision to pro tion is on agreeing to the amendment. Act would make the resources of Con vide a biennial report by January 2 of The amendment was agreed to. gress more responsive to its.needs. This each odd-numbered year. AMENDMENT NO. 1014 would be accomplished by replacing the The amendment retains the biennial Mr. METCALF. Mr. President, I send overburdened Legislative Reference report approach of the House bill, but another amendment to the desk -- 34942 CONGRESSIONAL RECORD- SENATE October 5, 1970 as many professional staff members as Mr. METCALF. My amendment is cause of the fact that prospective em they wish to hire. My amendment would merely to restore the dignity of the staffs ployees can get more money, higher ceil provide, for example, on line 14 on page of the Senate to the same dignity that ings, insofar as a committee staff position 91, for the figure $30,879 to be increased the staffs of the House of Representa is concerned? to $32,712, and comparable increases all tives have. Not quite the same dignity, Mr. METCALF. We can pay our per the way up the line, so that the top but a comparable dignity. sonal staff a maximum of $33,000--our salaries would be $35,496. The minimum Mr. ELLENDER. No matter what the adininistrative assistant-at the present figure of $7,466 would be increased to House does, does the Senator want the time. $7,888, and so forth, which conforms to Senate to follow through with it? If they Mr. JAVITS. Under this amendment, the Legislative Pay Act of 1969. want to give $40,000, does the Senator what will be the ceiling for committee We still would not have the authority want to give it, too? personnel? to pay all of our staff members at the Mr. METCALF. Not necessarily. But I present House rate, nor would we have Mr. ELLENDER. Mr. President, I wish would like to have the situation arise to correct the Senator. He can pay his authority to pay members of our staffs where we do not lose staff to the House at the highest House rate. staff now up to $33,176. He can pay one of Representatives. I would like to have employee $33,176. He can pay two em Mr. ELLENDER. Well, either I do not a situation where we can compete for make myself clear or I cannot put my ployees $31,784 each. He can pay one able and t r ained staff employees. There employee not to exceed $30,392, two em thought over to the Senator. Under the have been instances when our commit 1969 act, the salaries have been fixed, ployees not to exceed $25,056, and all tees did lose staff members to the House others not to exceed $18,560. That is in as I understand it. of Representatives, merely because of Mr. METCALF. The Senator is correct. the law now. I hope no effort is made to this variance and the difference in pay. increase that. Mr. ELLENDER. Is the Senator Mr. JAVITS. Mr. President, will the amending the House bill to conform to Senator yield to me? Mr. JAVITS. Suppose this particular the 1969 act? Mr. METCALF. I am delighted to yield. amendment is adopted. To what extent Mr. METCALF. I am doin g mor e than Mr. JAVITS. Do we not face the same will the ceiling of the committee per that. competitive situation to which the Sena sonnel be increased? Mr. ELLENDER. That is what I tor just referred with our own staffs? In Mr. METCALF. If the Senator will turn thought. other words, as I understand it, the to page 91 , he will see a schedule of pro Mr. METCALF. Always, heretofore, we House provisions apply to the staffs of visions for professional staff members of have had a lower pay scale for our com committees and to the staffs of Mem standing committees. For example, on mittee staffs on the Senate side than bers. Should not the Senate provisions line 14, the compensation is in a range they have had in the House of Repre apply to the Senate committees and the of $18,328 to $32,712, which is less than sentatives. This is an attempt to conform staffs of Members? we pay our personal staff. On page 91 , the pay scale on the Senate side to a Mr. METCALF. We do not face quite line 20, other than the Committee on level more nearly equal to that of the the same situation. We have a little more Appropriations, it can go up to $30,827. House of Representatives. latitude in paying our own personal This amendment, No. 952, is printed, and Mr. ELLENDER. But not equal to the staffs than they do. Of course, we have a copy is on the desk of each Senator. House? the same latitude in distributing our pay The top salary we have provided in the Mr. METCALF. No; it is not quite. The among the staff, and then we have the schedule of my amendment is $35,496. House can hire as many special staff as figure that the top four members of our Mr. ELLENDER. Yes; on page 93, line sistants as they are authorized, and pay staff can get paid up to a certain amount, 2, the top would be changed to $35,496. them at a scale of something over $35,- and that is above the House staff. The If that is accepted as the top salary, 000. We have said that the top limit, Senate staff is above the House staff. everyone else will have to be treated in which in the bill is $30,879, if my amend Mr. JAVITS. As it stands now. the same fashion. The salaries would be ment is agreed to, would be increased to Mr. METCALF. As it stands under the increased above what we are paying the $35,496. present law. Parliamentarian, and other salaries will have to be adjusted. That principle, that we should bring Mr. JAVITS. Is not our problem that our committee staff salaries up to more if we do not face this issue now, we g,ive Mr. METCALF. I certainly rec.ognize nearly equal those of the House of Repre a priority to the committee staffs over the ability and conscientious work of the sentatives, was adopted in the Monroney our own staffs? If the Senator's amend Parliamentarian. It just happens that the bill of 1967. My amendment, which is ment is adopted, is it not true that what Parliamentarian and the able people at presently at the desk, only makes it con will happen is that the committee staffs the front desk are paid under a different form to the salary increases that were will do better than our own staffs? section. Senator BOGGS and I resolved provided by the 1969 pay increase for Mr. METCALF. The principle has been that we would stay within the provisions committee staffs of the House of Repre adopted in the House that the top mem of S. 844 and the provisions of the sentatives. bers of the committee staffs can be paid Monroney bill which were passed by the Mr. JAVITS. Mr. President, will the more than the top members of the per House, and therefore we cannot increase Senator yield to me? sonal staff of any of the Members. If my their salaries under the section that is Mr. METCALF. In just a moment. amendment is adopted, they will be com before the Senate. The top salaries in the Senate now are petitive. We can now pay our top per Mr. JAVITS. Mr. President, as I under as follows: One man can get $33,176, two sonal staff officer as much as a staff stand it, the allowable compensation will can get $31,784, and the remainder are officer can be paid on one of the legisla be raised for committee staffs but the limited to a salary of $30,392. tive cominittees. There, again, Inight be question I raise is: Will compensation Mr. ELLENDER. And that applies to the possibility that the Senator is sug similarly be raised, or at least left within the committees only? gesting, that some of the personal staff the purview of the individual Senator, as Mr. METCALF. Yes. would go to a committee staff job be to ceilings for our own personnel? The Mr. ELLENDER. Including the Small cause it would pay more. That is not the answer, I gather, is no. Business Committee? problem that has been worrying me. It The provision submitted by the Sena Mr. METCALF. Yes; as I understand is the problem of keeping our committee tor relates only to committees. I ask the it. staff, with its continuity and its experi Senator this precisely for the reason the Mr. ELLENDER. Suppose the Senate ence and its training, paid at the same Senator from Louisiana (Mr. ELLENDER ) should agree to that. Can the Senator not level or approximately the same level as stated, namely; why should we not face foresee that the next move will be to get the staff of the House. the whole issue now, instead of leaving the staff of Senators equal to those Mr. JAVITS. However, the Senate an imbalance between compensation paid amounts? staffs should not suffer and, as Senators, to committee staffs and compensation Mr. METCALF. That next move is we should not suffer from the competi paid to our own personal staffs. Let the probably coming from the Senator from tion for staff positions. What I am try Senate vote this up or down on the whole New York (Mr. JAVITS). ing to ascertain from the Senator is this: propostion as to whether we shall have Mr. ELLENDER. Of course it is; and it If he is going to raise the allowable com the same opportunity to compete with will keep rising and rising to figures pensation of committee staffs, is he not the committees. Then, if the amendment much higher than I am sure any Senator further disadvantaging the individual carries, we will be able to hire the good on this floor wants to vote for. Senators in handling his own staff be- people for our own personal staffs and October 5, 1970 CONGRESSIONAL RECORD- SENATE 34943 they will not prefer to go on the com and my amendments are designed to of the House and Senate has also in mittee staffs because they will get more make those changes conform insofar as creased drastically. money there. the professional staffs are concerned. In 1960, the number of legislative em I realize the object of the Senator I would like to hear from the Senator ployees for the House was 3,850. Ten from Louisiana, and I respect him as I from Louisiana as to his belief, whether years later, in 1970, the number was respect his purpose. But might we not we should vote it up or down, or try to 7,372. That is almost double the num face the whole issue now and either adopt keep this thing within the confines of the ber of only 10 years ago. a hiring allowability for all our top per bill we have. The number of legislative employees sonnel, in both committee and personal Mr. ELLENDER. Mr. President, I have in the Senate in 1966 was 3,496. Today it staffs, or reject it. Then, at least, there a statement to make which indicates is 4,315. will not be any loose ends, where some why we should not do it, why we should The number keeps on increasing, as people will think they are embarrassed not follow through with the House as it shown by this table which I ask to have or have been prejudiced against , which goes wild on the paying to its staff of placed in the RECORD at this point. will cause trouble in the future. more salaries than they are worth. I do There being no objection, the table Mr. METCALF. I will say to the Sena not believe that the Senate should fol was ordered to be printed in the RECORD, tor from New York that I have supported low the House in that way. as follows: the proposition he made. I have sup As I said a while ago, if we adopt these Legislative employees ported the increas e for both personal and amendments the Senator is suggesting Legislative employees in House, 196Q-70 : committee staffs. However, in coming to as to section 305, we will be paying some 1960 ------3, 850 the :floor with the bill, with the under of the stat! members on committees $35,- 1961 ------4, 349 standing we had that we would only sup 496, which is more than the Parliamen 1962 ------4, 523 port the provisions of S. 844 and we would tarian is getting. 1963 ------4, 692 try to keep within the lines of that pro If we raise staff member salaries to 1964 ------4, 860 vision, I submitted my own amendment that extent, the cry will be for increases 1965 ------5, 720 of the same scope for everyone. All the 1966 ------6, 362 to take care of a provision in the Mon 1967 ------6, 548 ;roney bill and a provision in the Mundt AAs of Senators will want the same 1968 ------6, 278 bill as they came to the :floor, so that thing. The people at the desk will want 1969 ------6, 683 they applied only to professional staffs of the same thing, and we will find our 1970 ------7, 372 committees and not to personal staffs of selves in a situation where we will have Legislative employees 1n Senate, 1966-70: Senators. Then later the Senator from to make more changes and provide for 1966 ------3, 496 Maryland --- 34944 CONGRESSIONAL RECORD-SENATE October 5, 1970 ceive $616,656, or an Increase for the employees will be authorized to receive Mr. ELLENDER. Mr. President, I do Appropriations Committee alone of $43,- $34,104. not mind the amendments that were sug 152. Three employees receive $30,392. As gested a while ago. I assume that the Mr. President, I wish to have a tabu far as the Appropriations Committee is committee did its duty and studied the lation of these cost Increases placed 1n concerned at the present time, the num amendments. I assume that they are in the RECORD at this point. ber which may be hired at that rate is tended to better our rules and regula There being no objection, the tabu unlimited. If this proposal is agreed to, tions. lation was ordered to be printed in the the Appropriations Committee will be With respect to section 305, which the RECORD, as follows: able to pay 16 employees $32,712 apiece. Senator from Montana is now seeking to I think it is unusual for us to operate amend, so as to increase the top salaries COSTS OF INCREASES FOR COMMITTEE STAFF BY in this manner, Mr. President. of the members of the standing commit LEGISLATIVE REORGANIZATION ACT AMENDMENTS As I said, there is no doubt in my mind tees up to $35,496, and allow the Appro 16 standing that efforts will be made to increase all priations Committee, to pay more than Committees employees across the board just as sure $34,000 for each of 16 staff members, I (other than Appropriations) as I am speaking now. think that action is wrong. including Small Appropriations Today, with respect to the employees If such a course is pursued by the Sen Business Comm ittee in a Senator's offices, there is one em ate, there is no question but that we will Current authorization per ployee authorized at a level not to exceed have to do something for the workers at committee ______$187, 920 $573,504 $33,176. That is the top salary that we the desk and for all employees of Sen Proposed authorization per can now pay them. ators, and I do not think we are ready committee ______207,408 6!6, 656 Annual cost of propooal We can pay two employees up to to do that. per committee ______19,488 43, !52 $31,784 each. In due time I would like to move to Newcosttotalfor 16 committees ___ _ We can pay one employee not to ex stlike section 305 from the bill so that 311,808 ------ceed $30,392. the Senate staffs will then receive what Resum6: We can pay two employees not to they were provided under the last Fed Appropriations Committee proposal ______$43,152 other committees (16) proposal______311, 808 exceed $25,056. eraJ Salary Act. I think that is ample. Total annual new costs ______354,960 We can pay all others not to exceed Mr. METCALF. Mr. President, many $18,560. Members of this body have served in Mr. ELLENDER. Mr. President, as I The truth of the matter is that if this both the House and the Senate, as I pointed out a while ago, the increases proposed amendment is adopted, the have. I have a great deal of respect for that this proposal will entail are bound entire balance of the Senate pay scales the professional staffs of both bodies but to affect the salaries of practically every will be thrown out of adjustment. Com I think, as a result of my experience in employee on the Hill. mittee staff will be receiving more than the Senate, that the professional staff of The Members of Congress receive Senate officers, and more than personal the Senate is equal in ability, experience, $42,500. There is no change proposed in employees. Anyone who believes that training, and integrity with any profes that, although sta1f salaries will once situation would not be quickly changed sional staff in the House. I think it is again begin to press against the pay simply does not know very much about derogatory of the dignity of the Senate received by Senators. the operation of this Senate. I predict that we have failed to recognize that our The legislative counsel receives $36,000. that the pressures will soon begin to build staff should be paid at the same level, There is no change proposed in that for a large increase in the pay of a Sen or have the possibility of earning at the salary under the amendments proposed ator. After aJl, it was only 2 or 3 years same level. by the Senator from Montana (Mr. MET ago that a Senator made less than is be The Senator from Louisiana talks CALF). ing proposed for staff members and about the Parliamentarian and other The Parliamentarian receives $34,568. clerks, here in these amendments. The people at the desk. I am in complete There is no change proposed in that pity is that the staff is doing exactly accord. The Parliamentarian of the Sen salary. what was done before, only more expen ate receives less as a matter of law than The changes come in the committees. sively. While the fires of inflation bum, the Parliamentarian of the House and I One employee at a rate not to exceed we are simply throwing on gasoline. believe that, too, should be equalized. $33,176 is now allowed under the present Mr. President, I ask unanimous con It was only because we decided to try law. However, under this proposal, two sent that an exhibit headed "Senate to conform to the previously passed bill employees will receive a salary of not to Salary Structure," showing the present that none of those amendments was part exceed $35,496 each. I think that is pre scales in contrast to the proposed of my amendment. posterous. changes be inserted at this point. Mr. ELLENDER. Why should we do Two employees, under the present law, There being no objection, the exhibit that? If the House wants to run away in receive $31,784 from the standing com was ordered to be printed in the RECORD, salaries for its employees, why should the mittees. If this proposal is adopted, four as follows: Senate follow suit? It makes no sense. Mr. METCALF. Because the employees SENATE SALARY STRUCTURE of the Senate are just as capable, just as experienced, and just as intelligent as the Current Le&islative Reorganization Act, 1970 employees of the House. I think it is derogatory to the professional staff to do Membets------·------·------$42, 500 No change. otherwise. This is not a mandatory pro Officers: Class I: vision. This is a permissive proposition, SergeantSecreta!Y----- at Arms------___ _--______------______---- -_1 and the chairmen of the committees are 36,000 Do. not permitted to pay staff empioyees on ~~~is~tr~~~;r~~~~~~::: :::::::::: ::::::::::::: this side as much as they can p!l,y on the Class 2: other side of the Capitol. ~:;:~~ ~~; ~: ~i~~;~:::::::::::::::::::::) Mr. ELLENDER. The Senator knows Chief Clerk (NTE>------ well of the pressure that will be put on Parliamentarian (NTE)_ ------ 34,568 Do. Financial Clerk (NTE>------the chairman of every committee by ~~~~;!:r.~~~e~~~/il:fc~~f~!i?siative c