March 9, 1977 EXTENSIONS OF REMARKS 6977 do something worth doing, about improv Mr. ROBERT C. BYRD. I thank the Senate, I move, in accordance with the ing the status of this vital area from Chair. previous order, that the Senate stand in the standpoint of better transportation, recess until 9:45 a .m. tomorrow. better education, better health, and all ORDER TO PROCEED TO CONSID The motion was agreed to, and at 6: 19 of those factors which, mixed together, ERATION OF S. 427 TOMORROW p.m., the Senate recessed until tomorrow, could help to bring our section into the Thursday, March 10, 1977, at 9:45 a.m. mainstream of American development. Mr. ROBERT C. BYRD. Mr. President, Today, I visited the Appalachian Re I ask unanimous consent that on the gion Commission. In the Commission completion of the order for the recogni NOMINATIONS office I thanked those who have been tion of Mr. ScHMITT tomorrow morning working on this program through the the Senate proceed to the consideration Executive nominations received by the years. And I asked the privilege of not of the public works bill s. 427. Senate March 9, 1977: only speaking but also of having the op The PRESIDING OFFICER. Without AGENCY FOR INTERNAT IONAL DEVELOPMENT portunity to shake hands individually, objection, it is so ordered. John J . Gilligan, of Ohio, to be Adminis thanking each person, some 90 of them trator of the Agency for International De gathered there. It is highly important velopment. PROGRAM that we never forget on the Hill in our DEPARTMENT OF JUSTICE endeavors that without our staffs we Mr. ROBERT C. BYRD. Mr. President, Peter F. Flaher ty, of Pennsylvania, to be could not accomplish our work. In the tomorrow may be a long day. It is hoped Deputy Attorney General vice Harold R. commissions, the agencies, and the de that the Senate can and will complete Tyler, Jr., resigned. partments, Government could not func action on S. 427 a bill to provide addi DEPARTMENT OF CoMMERCE tion without these people who have ex tional authorizations for the public Charles Linn Haslam, of North Carolina, to pertise and commitment in handling works employment program, to author be General Counsel of the Department of well the positions of trust in which they ize a program for employment of teen Commerce, vice John Thomas Smith II, function. aged youth in community improvement resigned. Thus another hour in these years that projects, and for other purposes. COMMODITY CREDIT CORPORATION I have been mentioning is called to your Rollcall votes will undoubtedly occur Carol Tucker Foreman, of the District of attention. during the day. Columbia, t o be a member of the board of And so, for me, because of the friend directors of the Commodity Credit Corpora ORDER THAT NO ROLLCALL VOTES OCCUR TOMOR tion, vice Don Paarlberg, resigned. ship expressed-and the word "friend" ROW BEFORE 12 NOON EXCEPT TO ESTABLISH IN THE MARL"i"E CoRPs has been used very often-! recall that A QUORUM Lt. Gen. John N. McLaughlin, U.S. Marine from the hills of West Virginia and now I ask unanimous consent, so that com in labors on Capitol Hill, out to the un Corps, when retired, to be placed on the re mittees may n<.,t be interrupted in any of tired :1st in the grade of lleutenant general discovered ends, there is much that is their meetings, that no rollcall votes oc worth the wear of winning; it is service in accordance with the p r.:>visions of title 10, cur tomorrow prior to the hour of 12 U.S. Code, section 5233. and the love of friends. And I have been noon except any rollcall votes that might blessed to a very considerable degree in have to occur in relation to the estab both of these bounties. lishment of a quorum. The PRESIDING OFFICER. Without CONFIRMATIONS ORDER FOR RECESS UNTIL 9:45 A.M. objection, it is so ordered. Executive nominations confirmed by TOMORROW Mr. ROBERT C. BYRD. Mr. President, the Senate March 9, 1977: I would not anticipate any vote on a AMBASSADOR Mr. ROBERT C. BYRD. Mr. President, motion to direct the Sergeant-at-Arms I ask unanimous consent that when Paul C. Warnke, of the District of Colum to request the attendance of absent Sen bia, for the rank of Arnbasador during his the Senate completes its business today ators, but it may be necessary. That is it stand in recess until the hour of 9:45 tenure of service as Director of the U.S. Arms the reason why I made the exception in Control and Disarmament Agency. tomorrow morning. the request. U.S. ARMS CONTROL AND DISARMAMENT The PRESIDING OFFICER. Without But, hopefully, committees may be able objection, it is so ordered. AGENCY to meet uninterruptedly until 12 noon Paul C. Warnke, of the District of Colum Mr. ROBERT C. BYRD. Mr. President, tomorrow. I believe under the order previously en bia, to be Director of the U.S. Arms Control tered, Mr. ScHMITT will be recognized for an d Disarmament Agency. not to exceed 15 minutes after the regu RECESS UNTIL 9:45 A.M. The above nominations were approved sub lar order for the two leaders. TOMORROW ject to the nominees' commitments to re spond to requests to appear and testify be The PRESIDING OFFICER. The Sen Mr. STEVENS. Mr. President, if there fore any duly constituted commit tee of the ator is correct. be no further business to come before the Senat e.
EXTENSIONS OF REMARKS
PROPOSED INCREASE IN THE inclusion in the REcoRD as a reminder pension plan and an insurance plan. In the MINIMUM WAGE that it is potentiaUy·dangerous to simply past five years we have increased our num extend existing laws without careful ber of employees and laid no one off. HON. CLARENCE J. BROWN consideration of the possibility that those We see the prospect, under higher mini extensions will actually hurt the very mum wage laws, of curtailing additional OF OHIO people the original law was intended to hiring and perhaps even phasing out some IN THE HOUSE OF REPRESENTATIVES of our people because we can no longer af helo. ford the costs connected with the kind of Wednesday, March 9, 1977 The full text of this very logical and payroll we are facing. We will turn, instead, Mr. BROWN of Ohio. Mr. Speaker, I E-loquent letter follows: to new technology, specifically, to computers have recently received a letter from one I am writing with respect to proposals to and terminals which will enable us to cut of my constituents expressing his views increase the minimum wage from its present back our labor force, especially those at the on the proposal to increase the mini $2.30 to $3.00 or more with cost-of-living lower end of the pay scale. As increments built in. We would, no doubt, be considering this mum wage. a manager of a small kind of approach with no minimum pay in newspaper, this constituent deals con I am the manager of production for a daily newspaper (circulation under 8,000) crease. But increases will make it mandatory stantly with wage-related problems, and which presently employs about 20 production and urgent. It is not a prospect we look for is perhaps in a much better position to people, full and part- time and about the ward to. People remain more dependable judge the practical effect of an increase same number in other departments. Our pay than computers and much more fiexible. in the minimum wage than we who sit roll is currently about $350,000 annually and They have more fun at Christmas parties. her e in Congress. I submit this letter for is our single largest expense. We have a An d they need work. 6978 EXTENSIONS OF REMARKS March 9, 1977 New technology will not necessarily re tion of contract disputes. In the last H.R. 2846. Had I been present, I would duce the work force tfor my newspaper). Congress the distinguished chairman of have voted "Nay'' on rollcall No. 47. But it will require the employment of peo ple able to work with computers, and few the Judiciary Committee, Mr. RoDINO, of those would be earning minimum wage introduced legislation designed to cor anyhow. New technology will shift the work rect many of these problems and in this force around, requiring the employment of Congress two bills have already been CARTER IS CONFUSING better skilled people at the expense of those introduced, one by Mr. RODINO and one with few skills. I presume that minimum by my friend and colleague from north HON. ROBERT H. MICHEL wage legislation is intended to provide bet ern Virginia Mr. Harris, a member of ter pay for people either entering the work the Judiciary Committee. OF ILLINOIS force or lacking the skills required to attain IN THE HOUSE OF REPRESENTATIVES higher paying positions. The effect will be The present system is too time con the opposite of what Congress intends, un suming and expensive to the contractor Wednesday, March 9, 1977 less my experience is unusual. and the Government. It is often ineffi Mr. MICHEL. Mr. Speaker, the Peoria We have few people earning the minimum. cient and as a consequence unfair. The Journal-Star recently published an edi But as it has increased (and rightly so) from procedural protections for the contrac torial "Carter Is Confusing" which docu $1.60 to $2.30, it has forced increases in the tor are inadequate and the widely pay of others working here. Someone with ments the fact that the Carter adminis four years' training and experience cannot be desired goals of flexibility and informal tration is marked by so much confusion expected to appreciate the fact that he earns ity are being lost. Before introducing this and lack of policy that our Communist about the same as someone who started yes legislation my office made a point of adversaries are probably more confused terday. seeking the opinion of many persons than we are concerning the intentions of Furthermore, many of our employees count involved in government contract work the administration. on overtime pay, but to keep a work force in the Washington metropolitan area. To confuse one's foreign adversaries our size, we have had to curtail this overtime My district in northern Virginia has where possible. This may represent good may be a sign of shrewd diplomacy; to management, but it also injures the em one of the highest concentrations of pri confuse both one's adversaries and one's ployee, and good management will only go vate businesses doing Government con own countrymen is a sign of confused so far. It wm not surmount any $3 .00 per tract work of any district in the country. and confusing thinking. hour minimum wage. We cannot substitute In our conversations and correspondence As the Journal-Star points out, the ten hours of overtime pay with an unskilled with contractors and their attorneys President seems to be sending out many person at $3.00 per hour. We must try to do we found disagreement over the partic different signals at once: his Ambassa-· without both. ular means of solving some of these prob Some of our employees are working wives, dor to the United Nations says he ha~ and I think this is true of many small busi lems but urgent agreement that a solu never felt threatened by Communist~· nesses. Others are young people trying to de tion must be found and soon. the President himself meets and corn:.. cide on their careers, who have no intention The particular bill which I am in sponds with Soviet dissidents; yet h .. of remaining here very long and know that troducing has been brought to my at nominates Paul Warnke to negotiatfo we know that. If it seems unfair to employ tention by the Board of Contract Ap terms with the Russians and, at the same people who already have a member of their peals Committee of the District of time advocates serious cuts in the de family working, then I suggest that if mem bers of Congress can survive with one bread Columbia Bar Association. In order to fense budget. What is it all about? Is winner, this ls not the case with the average settle disputes between procuring agen this the first improvisational Presidency f.amily anymore. cies of the Federal Government and in our Nation's history? As in everything else, we must weigh the their contractors a system of administra Whatever the truth may be, there is costs in every aspect of our business against tive adjudication by Agency Boards of one thing that is certain: as the Journal the cost of doing things dlfferently. At the Contract Appeals has developed. It is to Star says of President Garter: very least, I urge Congress to consider the these boards that the contractors must We can all thank our lucky stars that he entire question of employment, analyzing go before carrying their claims to the doesn't come into office amidst double-digit what people it wants to help; what people courts. In theory at least this provides inflation, roaring unemployment, an oil boy such legislation might injure, both em cott, the worst national disgrace and attend ployees and employers; and what the purpose for quicker and less expensive resolu tion of most disputes. ant confusion in the century, and the col is of both the 40-hour work week and the lapse of a country we had defended for a minimum wage. My bill recognized the basic advan generation and just abandoned in Asia, while I very much fear that new minimum wage tage of these boards but at the same time all the Arabs were allled with Russia and legislation will represent the traditional Con seeks to strengthen them by upgrading there was actual war in the Middle East gressional approach as I see it: adding on to the judges which serve on them and like Gerald Ford had to do, right off the laws which were enacted many years ago, bat ... and with an opposition Congress. while falling to reconsider those laws to see making them more independent of the if they might now be hurting the very people agency they serve. In addition this bill Yes, Mr. Speaker, President Carter is they were intended to assist. would require the individual boards to making President Ford look better every adopt simpler and faster procedures for day. handling small claims. At this point I insert into the REcORD Mr. Speaker, I hope the Subcommit INTRODUCES BILL TO HELP RE the en tire editorial from the Peoria tee on Administrative Law and Govern Journal-Star, March 1, 1977. SOLVE CLAIMS ON GOVERNMENT mental Relation of the Committee on the CONTRACTS [From the Peoria (Ill.) Journal Star, Judiciary will hold prompt hearings on Mar. 1, 1977] this bill and the others similar to it. CARTER Is CONFUSI~G HON. JOSEPH L. FISHER These problems have been with us for I find it impossible to understand some of OF VmGINIA too long and action is needed. the things being done by President Carter, IN THE HOUSE OF REPRESENTATIVES personally, and his administration, these days. Wednesday, March 9, 1977 Nor can I seem to find anybody who does. PERSONAL EXPLANATION Mr. FISHER. Mr. Speaker, I am today The confusion he created during the cam paign, which had the press covering him introducing the Contract Disputes Act asking so often, "Where does he really of 1977, a bill to provide for the resolu HON. WILLIAM S. MOORHEAD stand?" has only been compounded since he tion of claims and disputes relating to OF PENNSYLVANIA came into office. government contracts awarded by ex IN THE HOUSE OF REPRESENTATIVES It surely hasn't been cleared up. ecutive agencies. I think the approach Wednesday, March 9, 1977 Nobody knows by what process his deci taken in this bill has much merit and sions are reached, or what he is likely to do might be considered along with the ap Mr. MOORHEAD of Pennsylvania. next. That is especially true in the foreign proaches taken in other bills. Mr. Speaker, I voted for final passage policy field, where his UN Ambassador says There is wide agreement that present of legislation authorizing funds to make kind words about the Cuban invaders of in Africa, and Carter fires off personal letters to law needs change. On December 31, 1972, necessary repairs the John F. Ken Soviet dissidents on the eve of SALT talks the Commission on Government Pro nedy Center for the Performing Arts. and picks a guy to represent us on hard bar curement conveyed its report to the Con However, because of an important gaining with the Sov~ets who seems to have gress. A part of their report urged meeting, I did not get to the floor in already compromised our bargaining position changes in the law affecting the resolu- time to vote on the motion to recommit by publishing that we ought to disarm large- March 9, 1977 EXTENSIONS OF REMARKS 6979 ly without even caring what the Russians do The Soviets respect this strength and given other workers not physically able to mllitarny. are acutely aware of their dependence on work. It's confusing to say the least when we the United States. They are also all too Adoption of such legislation may increase seem to be deliberately and publicly baiting the cost of certain fringe benefit programs. the Russians on one hand, and telling them accustomed to this country's failure to Proper provision for adjusting to these in in advance on the other hand that we are wield this influence in a way most bene creased costs must be given to labor-manage thinking seriously of cutting back our mili ficial to it, as well as our willingness to ment negotiators. tary capacity drastically. take the first Soviet "Nyet" for an We call upon the Congress to enact, and Are any of these things actually calcu answer. the President to sign, legislation prohibiting lated for a purpose? Or are we just witness I hope that the President will not hesi discrimination based on pregnancy and re ing an amateur president fiying by the seat tate to use the tremendous leverage his lated conditions as soon as possible. of his pants? Unorthodoxy has simply scrambled all the position gives him to persuade the Krem normal calculations, and we can't do much lin to guarantee basic human rights to but wait and see 1t it's really heading any all Soviet citizens. The time has come to SOVIETS CANNOT BE TRUSTED place. force the Russians, using prudent eco There's one somewhat comforting thought nomic mechanisms, to back down on this in all this. most important issue. If they do not, the HON. EDWARD J. DERWINSKI Whatever the games about dissidents may lives of millions of Soviets will continue OF ILLINOIS do to relations with Russia, there is one gang to be filled with fear and oppression. IN THE HOUSE OF REPRESENTATIVES that must be enjoying it greatly-the Chi It is my most fervent wish that the nese. Wednesday, March 9, 1977 Is there some advantage to us somewhere President's efforts on behalf of the Rus in that? sian people are successful, and I urge my Mr. DERWINSKI. Mr. Speaker, there And, generally speaking, how would you colleagues to join me in offering what is more and more evidence by recent de like to be preplanning and holding strategy ever assistance we can for this cause. velopments that the Soviet Union has no sessions in the Kremlin or Havana, or any intention of abiding with the human where else these days? If Carter is confusing for us, think how rights provision of the Helsinki accords. totally unpredictable the situation is for An article in the Lima, Ohio, News of them? STATEMENT BY THE AF'lr-CIO EX March 3, by Allan C. Brownfeld, makes And it isn't all bad to have them waiting to ECUTIVE COUNCU. ON PREG· this point in a truly dramatic fashion. see what sense can be made of U.S. policy NANCY BENEFITS Mr. Brownfeld is a veteran Washing before they can logically fashion one of their ton correspondent whose specialty lies in own. East European affairs. So, if he's got everybody guessing-includ HON. AUGUSTUS F. HAWKINS OF CALIFORNIA The article follows for the Members ing those whose calculations are based on review: how to take advantage of us ... maybe that IN THE HOUSE OF REPRESENTATIVES part isn't so bad. SoVIETS CANNOT BE TRUSTED Wednesday, March 9, 1977 And maybe it will help buy him the time (By Allan C. Brownfeld) to learn how to do the job. Mr. HAWKINS. Mr. Speaker, on De· The Carter administration, in its first Meanwhile, however, we can all thank our cember 7, 1976, the Supreme Court ruled weeks, has spoken out strongly against the lucky stars that he doesn't come into office in the case of General Electric against deprivation of human rights in the Soviet amidst double-digit inflation, roaring unem Gilbert that it is not sex discrimination Union and in other Communist bloc states. ployment, an oil boycott, the worst national The Czechoslovak civil-rights manifesto, disgrace and attendant confusion in the cen to deny women with pregnancy related "Charter 77," has, for example, drawn on tury, and the collapse of a country we had disabilities the same sick pay or disabil· official endorsement from the State Depart defended for a generation and just aban ity benefits given to other workers. This ment. In the case of Soviet actions against doned in Asia, while all the Arabs were al decision has grave implications for work· Nobel Prize winner Andrei Sa.kharov, the lied with Russia and there was actual war in ing women who have tried to win equal State Department declared, "Any attempts the Middle East-like Gerald Ford had to treatment under the law. by the Soviet authorities to intimidate Mr. do, right off the bat ... and with an opposi I would like at this time to share with Sakharov will not silent legitimate criticism tion Congress. my colleagues the statement of the AFL in the Soviet Union and will confiict with C. L. DANCEY. accepted international standards in the field CIO Executive Council regarding preg of human rights." nancy benefits: Most dramatic of all was the personal let STATEMENT BY THE AFL-CIO EXECUTIVE COUN ter from President Carter received in Moscow COMMENDS PRESIDENT CIL ON PREGNANCY BENEFITS by Sakharov declaring, "Human rights is a The Supreme Court recently held that Title central concern of my administration.... VII of the 1964 Civil Rights Act, which out You may rest assured that the American peo HON. THOMAS J. DOWNEY laws discrimination in employment based on ple and our government wm continue our firm commitment to promote respect for hu OF NEW YORK sex, does not necessarily prohibit discrimi nation against pregnant women. man rights not only in our own country but IN THE HOUSE OF REPRESENTATIVES The Court may have ignored it, but the also abroad." Wednesday, March 9, 1977 facts of life are that discrimination against All of this is in striking contrast to the pregnant people is discrimination against position taken on the subject of human Mr. DOWNEY. Mr. Speaker, the recent women alone. rights by Presidents Nixon and Ford and by statements of President Carter in support Secretary of State Henry Kissinger. The clear Employment policies regarding pregnancy est example of the unwillingness of the U.S. of all oppressed Soviet citizens being de explain why women workers in general re nied their basic human rights are com main concentrated in lower paying, less de to involve itself in the internal affairs of the mendable. His stand is courageous, and sirable jobs. Pregnant women have been re Soviet Union during that period came with one that has not gone unnoticed or un fused responsible jobs, fired, forced to take Ford's refusal, on the advice of Dr. Kissinger, to meet with Alexander Solzhenitsyn. Now appreciated by the people to whom his unpaid leave regardless of ability to work, support has been given. and refused the right to use accumulated that he is out of office, Ford says this refusal sick leave or vacation leave for pregnancy was an error. I need hardly to remind my colleagues related absences. In the Supreme Court case, Despite its formal commitment in the Hel of the great potential for influencing the women were denied disability benefits avail sinki agreement to respect human rights Soviet Government toward extending able to all other temporarily disabled em within the Soviet Union, the Kremlin has human rights to all of its citizens. The ployees. repeatedly violated its pledged word. Profes Soviet Union relies heavily on the United The AFL-CIO regards the prohibition of sor Robert Bowie of the Harvard Center for States for this Nation's technology and pregnancy-related discrimination as essen International Affairs notes, "Despite Helsinki, food exports. In
beef, while my price for that week wa.s $.63 rich person then pays this to himself as a cil. Among other civic contributions, he per pound. Considering the USDA purchased dividend. has served as the president of the Whit 8,200,500 pounds, that would be a savings of Being rich, our ~n is of course in the tier College Alumni Association, director $578,135.25. Multiply this figure by 42 school highest personal income-tax brackets, and of th•· Orange County Press Club, presi weeks and it would amount to a savings of after paying 4.3% to the city ($2,015) has dent of the Palos Verdes Peninsula Ki 241Jt million dollars every year. $44,855 left. The state clips him for 15% of I sincerely hope there is a remedy for this that ($6,728) and leaves him $38,127. Uncle wanis Club, and coauthor of the politi situation and that you can help us. Sam "nicks" him for 70% of that which is cal history of Orange County. Thank you, $26,689, leaving him with $11,438. A man of extensive experience in the NEAL ZIMBELMAN, Thus, on the investment of $1 million in field of journalism and himself a former A & z Meat Processing Co., Inc. capital and two years_ hard work in assem candidate for Congress, Howard Seeyle bling an enterprise t~at is risky to begin has a thorough understanding of the po with, this lucky fellow who turned a profit of $100,000 has $11,438 to spend. He has given up litical and governmental process. It is two years on his yacht to gain $5,719 in an my pleasure to pay tribute to this man TAX THE RICH nual income. If he had invested in tax-free who has given so much to the constituents municipals, he would have gained roughly of the 40th Congressional District and HON. JACK F. KEMP $60,000 in annual income and could have re those in both Orange and Los Angeles mained on his yacht instead of fighting New Counties during his tenure as a "member OF NEW YORK York City traffic, City Hall, and the widget of th~ press." IN THE HOUSE OF REPRESENTATIVES makers union. Wednesday, March 9, 1977 Ralph Nader's loophole closer calculate that if you closed the loopholes the "bad" Mr. KEMP. Mr. Speaker, this editorial rich people would be forced to pay taxes. This assumes the bad rich will be forced to risk THE NOMINATION OF PAUL speaks so eloquently for itself, it needs WARNKE no introduction. I hope everyone reads $1,000,000 and two years' hard work for $5,719 in after-tax income. Even Fritz Mondale, we it: will guess, would feel uncomfortable with [From the Wall Street Journal, Mar. 8, 1977] this assumption. HON. TOM HAGEDORN TAX THE RICH Why not tax the rich by lowering the rates OF MINNESOTA In what has become an annual event, the they face? They will thus be enticed back IN THE HOUSE OF REPRESENTATIVES Treasury Department last week reported from their yachts and once again assemble Wednesday, March 9, 1977 that 230 of the nation's wealthiest individ widget plants in New York City, with tax uals paid no federal income taxes in 1975. revenues flowing to Washington, Albany and Mr. HAGEDORN. Mr. Speaker, the Of the 34,121 persons who reported adjusted City Hall not only from them, but also from nomination of Paul Warnke to head both gross incomes of $200,000 or more, 230 paid all those who would then be usefully em the U.S. Arms Control and Disarmament no tax. In 1974, the number was 244. In 1973, ployed in widgetmaking. By all means, tax Agency and the U.S. delegation to the 154. the rich! But do it right, and in this fashion SALT talks is due to be voted on by the Since early 1969, when lameduck Treasury lift the burdens of taxation from those who Senate today. Although the House has Secretary Joseph Barr initiated this festivity aren't rich. by announcing that 200 rich Americans had no vote on this crucial nomination. I escaped taxes by crawling through loopholes, would like to briefly outline some of the the government has been trying to do some reasons why I view Mr. Warnke's nomi thing about it. Loopholes have been closed HOWARD SEEYLE nation with great concern. left and right. A minimum tax has been legis In recent years, Paul Warnke has as lated, then increased. IRS, treating the an sumed a leading role as a spokesman for nual figure as a source of embarrassment, HON. ROBERT E. BADHAM disarmament and arms control. His views bends every effort to reduce it. But more OF CALIFORNIA have been clearly stated in his well rich people are paying no taxes than in 1969, and the economy is in much worse shape IN THE HOUSE OF REPRESENTATIVES known Foreign Policy article of spring now than it wa.s then. Wednesday, March 9, 1977 1975. There, Mr. Warnke addresses the arms question on two levels: Limits on It stands to reason, and we thoroughly be Mr. BADHAM. Mr. Speaker, I would lieve, that the U.S. economy would benefit strategic nuclear arms, and America's enormously if the rich paid more taxes. We like to call to the attention of my col global military posture. On strategic nu have been arguing this, at least implicitly, leagues the distinguished career of How clear arms, Mr. Warnke states: for years. What we have not been able to get ard Seeyle who has recently retired from I would not like to see the SALT talks the politicians to understand, though, is that the Orange County Edition of the Los stop ... But if we must accept the insistence you can't get rich people to pay more in tax Angeles Times newspaper as a promi that the momentum of our strategic weapo!lS revenues by raising their tax rates. If you nent political writer and concluded his programs must be maintained in order to raise the rates, it becomes even more prof career in the field of journalism to which bargain effectively, the talks have become itable for them to hire lawyers and account he has made a significant contribution. too expensive a luxury ... Insofar as formal ants to find them loopholes, and the cost of agreements are concerned, we may have gone this misdirected effort is a dead loss to the At the time of his retirement from the as far as we can go now. economy. Or they stop working entirely and Los Angeles Times he swept the Orange dissipate their capital drinking champagne County Press Club annual awards in es As an alternative, he proposes a policy and sailing yachts, which is also a dead loss sentia~1v all of the top categories: Best of unilateral restraint, or what has been to the economy. Either way, they contribute Article on the History of the American termed "unilateral initiatives," which he less in tax revenues, and the burden of sup West-first place, Best Article on the hopes will be emulated by the Soviet porting government expenditures falls on the Status of Women-first place, and Best Union: middle class and poor. Featarf' Story on "A Day in the Life of The chances are good . that highly Consider what would happen to a "good" advertised restraint on our part wlll be re rich person who refuses to use loopholes and an Air California Airplane"-first place. ciprocated. The Soviet Union, it may be said prefers hard work to sa111ng yachts. He de Previous press club awards have in again, has only one superpower model to cides to invest $1 million of his capital in cluded: Best Front Page, Best Typog follow. To date, the superpower aping has a widget factory in New York City, which will raphy, Best News Story, Best Special Edi meant the antithesis of restraint ... It is employ hundreds. He will run it himself, ar tion, and others. time, I think, for us to present a worthier ranging the financing, nssembling the per Some of his previous professional posi model. The strategic arms competition 1s a sonnel, finding the markets, and so forth. logical place to start. Give him a year to get off the ground, but tions have included: managing editor of say he is lucky enou~h in the second year the San Gabriel Valley Tribune, execu He refers to this as the "monkey see, to make a 10% profit on his invested capi tive vice president of the Palos Verdes monkey do" phenomenon, and suggests tal. This is after his worlcers have paid fed Newspapers, Inc., owner-published of the that the United States set the proper ex t:ral, state and local income taxes and the Pismo Times and the Grover City Press, ample by unilaterally halting virtually all widget company has paid property taxes, li and managing editor of the El Centro its strategic arms programs in the hope cense fees, etc. Post-Press. that the Soviet Union will do likewise. Of the $100,000 profit, the city clears away Mr. roughly $5,700, leaving $94,300. The state He has served as the State chail·man Warnke's view is regrettably na ive in clears away about 10% of that, leaving $84,- of the California Editors' Conference and and divorced from reality my 870. The IRS, levying at progressive rates, the southern California chairman of the opinion, assuming that the Kremlin is snUitches $38,000, leaving $46,870. Our good Associated Press News Executives Coun- incapable of formulating initiatives and 6984 EXTENSIONS OF REMARKS March 9, 1977 strategic goals independently of the else which Mr. Warnke apparently lacka. dent-setting u.s. Supreme Court decision in United States. As columnist George Will He has advocated unilateral American which the majority of justices said men no has noted, this assumption is simply not moratoria on the MIRVing of American longer have to go to extraordinary lengths missiles and on the development of the to p~ove dependence on wives' earnin~s. They borne out by the facts. The Soviets have . ' . are 1n fact, equal to women on the lSsue of consistently failed to "ape" the restraint Tndent_ subn:ar:me, the B-1 bon:ber, and support presumption. that has already been exercised by the the cruiSe miSsile. I do not believe that But there still are other inconsistencies United States. They failed to follow our Mr. Warnke can be expected to credibly in the Social Security laws-ones that men lead in delaying deployment of antibal and successfully negotiate with the So- and women are likely to attack in the great listic missile systems; they have failed viets when his views on disarmament race for equal rights. to follow our example in holding steady are so well known, and when he has been Why should a woman be eligible to collect at a level of 1054 ICBM's, instead pre so critical of exactly those weapons sys- fully benefits at 62 and a man has to wait te h' h t't t A · ' · · until he is 65? ferring to far surpass us; they have ms W 1~ • cons 1 u e menca s pnnci- Medically, it would seem more logical the failed to follow our example in holding pal barga1n1ng counters. other way around since women generally live steady at a level of 656 submarine For these reasons, I strongly urge the longer than men. launchers, again preferring to substan Senate to consider rejecting Mr. While those in the Social Security Admin- tially exceed this; and they have fol Warnke's ill-advised nomination. istration contend the program has burgeoned lowed a policy of increasing their levels way past its original intent, growth is in evitable and possibly necessary to take peo of defense spending each year unlike the ple who are proud off of the welfare rolls. United States which, in terms of real SOCIAL SECURITY NEEDS A man or woman can collect Social Se dollars, has seen spending levels decline curity early based on a permanent disability. OVERHAUL by an average of 8 percent annually for However, if the same man or woman has a the past decade and a half. Contrary to disabled spouse who also cannot work but Mr. Warnke's views, the Soviets seem has not paid into Social Security that person HON. HELEN S. MEYNER remains ineligible until the proper age has quite capable of acting independently of OF NEW JERSEY the United States. been reached to collect off the spouse's for IN THE HOUSE OF REPRESENTATIVES mer earnings. On the subject of America's global The only avenue open for the disabled military posture, Mr. Warnke's views are Wednesday, March 9, 1977 spouse who didn't work is welfare. Why equally open to question. He describes as Mrs. MEYNER. Mr. Speaker, since should it be so when Social Security has a "fiction" the idea that "protection of coming to Congress, I have spoken often provisions for this same person to collect our interests implies a global military of the need for overhauling our Nation's later even without a work record? mission requiring that we maintain the social security system. And like many of When a disabled person goes on permanent disability, it takes two years for that person capability to deal with congeries of con my colleagues, I have tried to redress tingencies throughout the world." And to become eligible for Medicare. Why? It some of the problems inherent in the would seem particularly important for a dis he proceeds to philosophize that- system today through specific legisla abled person to have access to medical help. Detente is based on the wholesome realiza tion. But one problem that is especially He or she wouldn't be on Social Security if tion by the United States and the Soviet difficult for those of us concerned with medical problems didn't exist. Union that their direct military involve the system and its future is public mis The costs involving Medicare to the reci ment in local confilct would create unac pient keep going up too-a factor which cuts 1 ceptable risks. There is still some dangerous understanding. Most observations on the nature of the system are painted with a down on what people receiving benefits have 1 posturing on both sides. But sensitive di to live on. plomacy has begun to come into its own. broad brush, and this only serves to in The prcgram has problems. Of that, there crease misunderstanding and apprehen is no doubt. It was formed as a hedge against The autumn after this statement was sion about the system. old age. Many people, however, find them written, the Soviet Union gave the world It is gratifying, then, when one reads selves trying to live on the benefits when a view of its sensitive diplomacy with or hears of a cogent, intelligent, and re they reach the years when they are supposed its intervention in Angola. More recently, sponsible critique of the social security to be able to live leisurely. they have played an important role in system. And that is exactly what Carol The move to cut out disparities in the laws stabilizing the regime of Ugandan dic Talley, an award-winning newspaper is bound to increase costs for benefits to be tator Idi Amin. paid out. columnist with the Dover, N.J., Daily But a renovation of Social Security could In a similar vein. Mr. Warnke has as Advance, has done in a recent column. cut out the need for some people to need serted that- Despite the complexity of the problem lessly be thrown onto the welfare rolls in Even substantial nuclear superiority, short presented by the social sec~rity system, their late years-a place where they are miss of nuclear monopoly, could not be a decisive Ms. Talley has succeeded in assaying in ing the dignity they earned in the many factor in any political confrontation between as few words as possible the key ques years they contributed to their towns, states the United States and the Soviet Union. tions raised about social security today. and the country as a whole. In testimony before the Senate Armed I believe the article would make inter Services Committee, however, the Penta esting reading for everyone concerned about the future of the social security gon unequivocably refuted this view, TRIBUTE TO A TRUCKER arguing that nuclear superiority was, in system: fact, decisive in securing a satisfactory SOCIAL SECURITY NEEDS OVERHAUL resolution to the Cuban missile crisis. (By Carol Talley) HON. CLARENCE J. BROWN Mr. Warnke has too frequently been Women have fought so hard for equal OF OHIO wrong in matters where no such luxury rights that the men are finally getting them. IN THE HOUSE OF REPRESENTATIVES Social Security has always been a female's is permitted those whose views shape stronghold based on her supposed, age-old Wednesday, March 9, 1977 policy. Highly respected defense author status as the non-paid wielder of pots and Mr. BROWN of Ohio. Mr. Speaker, ity Paul Nitze has written of Warnke: pans. I am concerned that Mr. Warnke who has Mother's place was always in the kitchen recently I received a letter from the di spoken with such certainty on matters of and Social Security-in the event she sud rector of public relations, CW Transport, military requirements, weapons capability, denly lost her breadwinner and had to raise Wisconsin Rapids, Wis., calling my at and strategy may, nevertheless not be a com children alone-was based on giving her tention to a humanitarian act performed petent judge or qualified student of these financial help to do the job. by a CW Transport employee and a matters. No one ever took it much into account that Seventh District constituent, Mr. Ronald Mom would work enough to pay the rent and "Tex" Martin of 21 West Pleasant Street, Nor is there any record of ability in accrue much in the way of cash in any Social negotiating defense matters. Security account. Catawba, Ohio. The letter contained an enclosure from the principal of the Tri Calling for unilateral restraint at a And when she started to sock it away by time when the weight of evidence shows contributing to the household and even be County Middle-Senior High School, Wol the Soviet Union striving for unequivocal ing the head of a household men still had cott, Ind., Mr. Nyle 0. Fox, and the full nuclear superiority flies in the face of a rough time collecting from Social Security text follows: logic. Our chief SALT negotiator must if they became the survivors with children Tex Martin was stranded at Tri-County possess a deep and thorough knowledge to raise. High School with 275 other travelers on Jan of Soviet strategic thought, something All of that changed this week with a prece- uary 28, 1977. He is an Emergency Medical March 9, 1977 EXTENSIONS OF REMARKS 6985 Technician and immediately took charge of Studies have shown the enormous value of a co-ordinated energy policy by dispersing our clinic area and administered first aid. of the wetlands to all of us. Coastal wet authority over several committees and sub He organized several people to assist him lands may be worth up to $80,000 per acre committees. and worked over 8 hours checking each per and inland wetlands are worth as much as The Senate and now the President have son who came into the school. Through his $50,000 per acre. But our present economic shown the way, and the House must be held efforts there were no serious aftereffects from system does not transfer this value to in to account if the national interest in energy the many frostbite cases we had. dividual owners. Therefore, wetlands will development is thwarted by a bureaucratic Mr. Martin's immediate response to this continue to be destroyed until the govern maze and mindless defense of legislative turf. emergency is typical of the personal concern ment takes steps to protect them. and co·urage which built America. He didn't Two hundred years ago the area now en stay in the background or worry about law compassing the lower 48 states had approxi suits which could arise from his efforts. His mately 120 million acres of wetlands; today "A BILL TO END SCHOOL organization and tireless effort helped each we have only 70 milllon acres left. Within BUSING" traveler to feel relaxed and comfortable. the last 20 years we've lost six million acres of wetlands. As Governor, I took steps to stop the destruction of this valuable re HON. LARRY McDONALD source by strengthening Georgia's Coastal CARTER CAMPAIGN PROMISE: PRO OF GEORGIA Zone Act and controlling stream channeliza TECT OUR VALUABLE WETLANDS tion. As President, I will encourage wetland IN THE HOUSE OF REPRESENTATIVES protection programs at the local and state Wednesday, March 9, 1977 levels. I will also coordinate the federal agen HON. ROBERT W. EDGAR cies whose activities have an impact on the Mr. McDONALD. Mr. Speaker, on OF PENNSYLVANIA wetlands. Some states have assumed wetland March 3, 1977, I introduced H.R. 4479, IN THE HOUSE OF REPRESENTATIVES protection responsibilities. Until others are a bill to eliminate Federal court juris ready, the federal government must protect Wednesday, March 9, 1977 diction over forced school attendance. this valuable resource. Its purpose is to prohibit Federal court Mr. EDGAR. Mr. Speaker, in the next orders forcing children to attend a par few months, the House of Representa ticular school, such as orders to bus chil tives will resume an important debate dren to specified schools because of their on the status of the Corps of Engineers' SECOND CORNER OF THE TRIANGLE race. Its means is to employ the author section 404 program. This program, au ity granted to Congress by article III of thorized by the Federal Water Pollution HON. EDWARD J. DERWINSKI the Constitution to restrict the jurisdic Control Act, provides protection to our tion of the Federal courts to issue such wetlands and other waters from irrever OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES orders. sible harm caused by dredging and filling Frankly, it is surprising there are still operations. Wednesday, March 9, 1977 proponents of school busing for the pur During the last Presidential campaign, Mr. DERWINSKI. Mr. Speaker, as a pose of achieving racial balance. It is Mr. Carter issued an insightful and long time advocate of a comprehensive costly, it is driving down the quality of knowledgeable position paper on the energy program, I direct the attention of education, and it is apparently resulting value of wetlands, and the need to pro the Members to a very effective editorial in greater segregation, the very opposite tect them from environmental destruc which appeared in the Chicago Daily of its alleged purpose. tion. I believe this paper has much merit, News of March 2. and should be studied by my colleagues Even Sociology Prof. James Coleman, For too long the Congress has fiddled the author of the influential 1966 study who may be asked to approve an amend while the energy situation has grown ment to the section 404 program. At this used as a basis of many busing orders, acute. now says court-ordered school integra point, Mr. Speaker, I would like to in The article follows: sert the text of the position paper at tion is a failure. A new study by Coleman this point in the RECORD: SECOND CORNER OF THE TRIANGLE shows that court-ordered integration re President Carter's proposal to establish a sults in a "general resegregation in all JIMMY CARTER ON WETLANDS new Cabinet position, a Department of En regions of the country." In an interview This nation's wetlands are a most valuable ergy, was enthusiastically received by Con published in the National Observer, resource. They must be protected. Both gress, as well it should be. Some legislators Coleman called the courts "the worst of coastal and inland wetlands offer opportu have a worry or two, but nothing that would nities for fishing, bunting, boating, hiking, threaten Carter's attempt to bring some san all possible instruments for carrying out birdwatching and general appreciation of ity, consistency and efficiency to the nation's a very sensible activity like integrating nature. They provide valuable habitat for fragmented energy policies. schools." wildlife and serve as breeding, feeding and The main objection seems to center on BUSING FOSTERS RACISM wintering areas for waterfowl. Wetlands per the elimination of the Federal Power Com But by far its most pernicious aspect form pollution control activities at no cost mission, which regulates natural-gas and is the effect on the children who are to the taxpayer. They filter out nutrients, electric-utility companies that operate inter capture toxic materials that would otherwise state. Some lawmakers oppose putting regu caught up in it. Racism is a crude form pollute our lakes and streams, and produce latory functions in an agency whose xnain of collectivism. It consists of treating enormous amounts of oxygen at the same purpose is energy development because of people as members of racial groups in time. the effect such a combination could have on stead of as individuals based on their Coastal wetlands retain the silt that often consumer energy costs. own qualities of character. Consider what settles in our navigation channels, neces It appears Carter successfully has isolated a young person is taught when he is up sitating costly dredging. This silt also dam the many regulatory functions from the de rooted from his school and friends and ages shellfish beds. These wetlands are the velopmental aspects in the new department, spawning and nursery areas for fish and and in any event some combination of those forced to attend some distant school, and shellfish, which supply an important source two duties is necessary to formulate a co told that the reason is his race. Thus are of high quality and protein-rich food. Our herent energy policy. In the past, energy the seeds of racism planted in young and saltwater, commercial and sport fisheries are regulating agencies have operated in a va impressionable minds. heavily dependent on the coastal wetlands. cuum, with scant regard for the costs or bene And thus it is no wonder that busing They also act as a buffer for hurricanes and fits that their rules had on over-all energy increases racial awareness and racial ocean storms. policy. The nation has been ill served by tensions. If we wish to attack racism, we While many of us recognize the benefits regulatory policies that cater to one or an must eliminate race as a standard for of coastal wetlands, we often do not ap other special interest group at the expense preciate those that lie inland. Roughly 85% of the national interest. determining anything. Which means we of the nation's wetlands are Inland. Our in Carter's reorganization, if it is cleared by must eliminate Government-imposed land wetlands collect water during heavy Congress, thus covers the second corner of quotas and "affirmative actions." The rains and thereby reduce fiooding. Wetlands the energy triangle. The Senate already has first to go should be one of the most release water slowly, which lessens the im reorganized its committee structure and com insidious: Assignment of children to pact of drier periods. They also recharge bined various energy-oversight functions in various schools on the basis of their race. ground water and aquifers. Many farmers one Commit tee on Energy and Natural Re a.nd ranchers must utilize ground water for sources. FROM BROWN TO GREEN: THE SWITCH FROM livestock and irrigation. Millions of Ameri The House has yet to act, however, and NON-RACXAL TO RACXAL SCHOOL ASSIGNMENT cans also depend on ground water and aqui seems determined, in its misplaced desire to To eliminate this we must curb its fers for their drinking water. retain its infiuence, to frustrate development chief source: The Federal courts. Some 69S6 EXTENSIONS OF REMARKS March 9, 1977 of these courts are now holding that bus affirmative actions to desegregate led to a cial discrimination, many people some sing is necessary to remedy violations of change of attitude in the lower courts and how believe that guilt is collective, is to a three-case decision in the Supreme Court passed on from one generation to the ing is necessary to remedy violations of pcsited on the principle that the only de tection of the law under the 14th amend £egregation plan permissible is one which next and that punishing today's children ment. a~tually results in the abolition of the dual is an appropriate means of atoning for Consider, however, the history of de school and charging school officials with an yesteryear's sin. segregation decisions dating back to affirmative obligation to achieve it." Second, such a policy is illegal. Equal Brown v. Board of Education, 347 U.S. The crucial case was Green v. County protection of the law is surely not af 483 ( 1954) . In that case the Court held Board of Education, 391 U.S. 430 0968), forded to those children forced to attend that the state policies requiring the sep in which the Court declared that State a particular school because of their race. aration of students in the public schools and local authorities have an "affirma In fact this is precisely what the Supreme on the basis of race violated the equal tive duty" to abolish the effects of former Court held in the Brown case when it out protection clause of the 14th amend discriminatory practices. lawed racial discrimination and ordered ment, thus overturning the "separate but Notice the switch, the change from admission to the public schools on a equal" doctrine established in Plessy v. eliminating discrimination on the basis nonracial basis. Congress agreed when it Ferguson, 163 U.S. 537 0895). The Court, of race to requiring it. Traditionally the passed the Civil Rights Act of 1964 de in the words of Chief Justice Earl War test of violation of the equal protection fining "desegregation" as- ren, stated: clause has been whether segregation is "The assignment of students to public schools and within such schools without "The fundamental principle that racial de jure, the result of intentional action regard to their race, color, religion, or discrimination in public education is uncon of school officials, or de facto, resulting stitutional." national origin, but 'desegregaiton' shall not from factors other than the application mean the assignment of students to public .' And held that- of the law by State and local officials schools in order to overcome racial im "All provisions of federal, state, or local neighborhood residential patterns, for balance." (42 USC 2000c) law requiring or permitting such discrimina example. But as the courts began to rule So what should be done? School bus tion must yield to this principle." (emphasis on the various plans of school districts to ing is illegal and irrational, but the Fed added) eliminate racial discrimination, they in eral courts continue to order it. One pos In discussing appropriate remedies, creasingly expanded the scope of de jure sibility is a constitutional amendment. Chief Justice Warren further stated: segregation until it included virtually is any schools not containing a "proper'' However, I do not think this necessary "At stake is the personal interest of the since under any logical interpretation of plaintiffs in admission to public schools as ratio of black and white students. Thus it the law, school busing is already illegal. soon as practicable on a nondiscriminatory became virtually impossible for school Besides, such an approach could take basis", officials to come up with any plan of student assignment that would not be many years and thus prolong the And: ruled a case of de jure segregation. injustice. "The courts may consider . . . revision of Now the obvious solution is the "free No, it is clearly the courts that are at school districts and attendance areas into fault; it is their illogical and incon compact units to achieve a system of deter dom of choice" plan that many school sistent interpretation of the law that is mining admission to the public schools on a systems attempted to implement. If a the problem, not the actual law. nonracial basis ..." (emphasis added) student is given the freedom to choose which school to attend, clearly he is not This is why I chose to introduce legis I am not sure how the Supreme Court being discriminated against because of lation to restrict court jurisdiction rather could have more explicit-racial discrim his race; however, when the courts began than amend the law. In fact, I believe the ination in public education is ruled un disallowing such plans and requiring "af possibility of such obvious overstepping constitutional and admission to the pub firmative action" instead, they made it of bounds by the courts is precisely why lic schools must be on a nonracial basis. impossible to implement the Brown man the Founding Fathers gave Congress the And yet a series of Federal court decisions date to eliminate racial discrimination power to control the courts. Just as the over a period of years have resulted in from our public schools-there is simply doctrine of judicial review gives the exactly the opposite-the ordering of no way to pursue an "affirmative duty" courts a means of checking the power of children to attend certain schools be without making race the standard of Congress, the authority to restrict juris cause of their race. school assignment. diction gives Congress a means to check At first the Court declined to interfere This was made clear by the subsequent the power of the courts. with the administration of its Brown Court ruling in Swann v. Board of Edu THE CONSTITUTIONALITY OF REGULATING mandate, allowing the enactment and cation, 402 U.S. 1 0971), in which the COURT JURISDICTION administration of "pupil placement laws" Court pointed out that the neighborhood The question is raised, however, as to assigning each student to a school on the school or any other student assignment just how far this authority to restrict basis of formally nondiscriminatory cri plan "is not acceptable simply because it court jurisdiction extends. Two things teria. Eventually, however, the lower appears to be neutral." Instead, the Court are clear: The authority is very broad courts began voiding these laws on the stated that: indeed, but it is not unlimited. grounds of discriminatory application "Because the present situation may be at The Constitution, article lli, sections and in the early 1960's various State tributable to past discriminatory actions in 1 and 2, explicitly grants Congress the practices such as school closings, minor site selection and location of school build power to control the courts; with respect ity transfer plans, and zoning were ruled ings, it is permissible. and may be required, to resort to altering of attendance bound to the Supreme Court, by regulating its inadmissible. What followed is well sum appellate jurisdiction; with respect to marized in "The Constitution of the aries and grouping or pairing schools in non continuous fashion in order to promote de the inferior Federal courts, by establish United States of America, Analysis and segregation and undo past official action; in ing them in the first place and thus reg Interpretation," prepared by the Con the remedial process, conscious assignment ulating both their original and appellate gressional Research Service, Senate Do~ of students and drawing of boundaries on the jurisdiction. ument 92-82, page 1498: basis of race is permissible for the moment." The Supreme Court has upheld the "About this time, 'freedom of choice' plans The Swann decision explicitly ap right of Congress to control its appellate were promulgated under which each child proved busing of students in this reme in the school district could choose each year jurisdiction in a number of cases. "By the which school he wished to attend and subject dial process. constitution of the United States," the to space limitations he could attend that BUSING IS DISCRIMINATORY AND ILLEGAL Court held in Barry v. Mercein, 5 How. school. These were fir:>t approved by the lower Two things must be said about this (46 U.S.) 103, 119 0847), ''the Supreme courts as acceptable means to implement policy of ordering race conscious school Court possesses no appellate power in desegregation, subject to the reservations assignment to remedy past discrimina any case, unless conferred upon it by act that they be fairly administered." tion. First, discriminating against today's of Congress." And in Daniels v. Railroad However- school children in no way corrects past Co., 3 Wall. <70 U.S.) 250, 254 0865), the "Enactment of Title VI of the Civil Rights discrimination. No one would advocate Court said that in order for a case to Act of 1964 and HEW enforcement in a man that a man's son pay for a crime com come within its appellate jurisdiction ner as to require effective implementation of mitted by his father; yet in regard to ra- "two things must occur: the Constitution March 9, 1977 EXTENSIONS OF REMARKS 6987 must give the capacity to take it, and an The law was upheld in Lauj v. Skinner & trol the appellate jurisdiction of the act of Congress must supply the Co., 303 U.S. 323, 330 <1938), however, Supreme Court with respect to statutory requisite authority." wherein the Court declared: questions is likewise i.llllimited. This In the same case, the Court also "There can be no question of the power power is expressly granted by the Consti of Congress to thus define and limit the tution and has been upheld by numerous stated: jurisdiction of the inferior courts of the Court decisions. "It is for Congress to determine how far, United States." within the limits of the capacity of this Third. The power of Congress to con court to take, appellate jurisdiction shall be The Emergency Price Control Act of trol the appellate jurisdiction of the Su given, and when conferred, it can be exercised 1942, in which Congress provided for a preme Court with respect to constitu only to the extent and in the manner pre special court to handle challenges to the tional questions is not unlimited. Al scribed by law. In these respects it is wholly validity of price regulations, was another though the Constitution explicitly grants the creature of legislation." clear-cut example of congressional re such power to Congress, it could not Perhaps the most explicit statement in striction of Federal inferior court juris validly be used to undermine the very support of Congress authority to restrict diction. The basic constitutionality of purpose and foundations of the Consti appellate jurisdiction came in Ex parte this act was upheld in Lockerty v. tution itself. Thus the Congress does not McCardle. In this case- Phillips, 319 U.S. 182 <1943), while in have the power to regulate the appellate jurisdiction of the Supreme Court if its "The Court accepted review on certiorari Yakus v. United States, 321 U.S. 414 of a denial of a petition for a writ of habeas (1944) , the Court held that the act's re effect would be to infringe on the separa corpus by the circuit court; the petition was moval of the district court's jurisdiction tion of power or to prohibit the Court by a civilian convicted by a military com to examine the constitutional validity from exercising its judicial function in mission of acts obstructing Reconstruction. of regulations was not a denial of due protecting rights enumerated in the Con Anticipating that the Court might void, or process. stitution. at least undermine, congressional reconstruc THE CONSTITUTIONALITY OF H .R. 4479 tion of the Confederate States, Congress en THE LIMITS OF CONGRESSIONAL AUTHORITY TO CONTROL THE COURTS So what about H.R. 4479? Well if this acted over the President's veto a provision bill restricted Federal court jurisdiction repealing the act which authorized the Clearly the power of Congress to con appeal McCardle had taken. Although the with respect to freedom of speech or with trol the Federal courts through regulat respect to the equal protection clause of Court had already heard argument on the ing their jurisdiction is very broad in merits, it then dismissed for want of juris the 14th amendment, it would be uncon diction. 'We are not at liberty to inquire into deed. Nevertheless it is not without stitutional-at least in regards to the the motives of the legislature. We can only limits. For if it were, if Congress could appellate jw·isdiction of the Supreme examine into its power under the Constitu withdraw Federal court jurisdiction over Court. But it does not. It restricts Federal tion; and the power to make exceptions to literally any matter it chooses, then ob court jurisdiction with respect to school the appellate jurisdiction of this court is viously basic constitutional foundations attendance; specifically, it prohibits the given by express words.'" (op. cit., page 752) such as express prohibitions, separation courts from requiring any individual to Likewise there are a number of deci of powers, and the nature of the judicial attend any particular school. sions in which the Court has upheld the function could be overturned by congres Now since education is not mentioned power of Congress to regulate the juris sional whim. in the Constitution and public education diction of the inferior courts, on the basis What these limits are precisely is not has been created by statute, restricting that they owe their very existence to so obvious; however, an examination of court jurisdiction with respect to school Congress in the Judiciary Act of 1789. Ex parte McCardle provides some guid attendance does not ostensibly raise a For example, in Turner v. Bank of North ance. This case is most significant be constitutional question. However, the America, the issue involved the jurisdic cause the court held that Congress has question of constitutionality might be tion of the Federal courts when a suit the authority to legislatively restrict raised in desegregation cases under the was brought to a Federal court under its court jurisdiction over writs of habeas equal protection clause of the 14th diversity jurisdiction, an action pro corpus, even though habeas corpus is a amendment. But it is important to keep hibited by the Judiciary Act of 1789. The right expressly granted by article I, sec in mind precisely what jurisdiction H.R. defense counsel argued that the grant of tion 9 of the Constitution, and thus it 4479 restricts. It does not prohibit the judicial power by the Constitution was a marks perhaps the furthest advance by Federal courts from hearing cases deal direct grant of jurisdiction, but the court Congress over court jurisdiction. How ing with school desegregation. What it disagreed: ever, even in that case there were limits, does, in effect, is deny to the courts the as the Court observed in· concluding its "The notion has frequently been enter ability to order what some courts have tained, that the federal courts derive their opinion: alleged to be remedies in such cases. judicial power immediately from the con "Counsel seem to have supposed, if effect It still allows the Federal courts to hear stitution; but the political truth is, that the be given to the repealing act in question, that the whole appellate power of the court, such cases and to order any remedial ac disposal of the judicial power (except in a tion they consider appropriate, except few specified instances) belongs to Congress. in cases of habeas Corpus, is denied. But If Congress has given the power to this Court, this is an error. The act of 1868 does not for those remedies which involve forced we possess it, not otherwise: and if Congress except from that jurisdiction any cases but school attendance-particularly forced has not given the power to us, or to any other appeals from Circuit Courts under the act school attendance on the basis of an in Court, it still remains at the legislative dis of 1867. It does not affect the jurisdiction dividual's race. The courts would have posal. Besides, Congress is not bound, and it which was previously exercised." ( op. cit., jurisdiction, for instance, to require would, perhaps, be inexpedient, to enlarge pages 757-758) school attendance plans based on free the jurisdiction of the federal courts, to It is possible, therefore, that the Court dom of choice, which would be consistent every subject, in every form, which the con if stitution might warrant." 4 Dall. (4 U.S.) a would not have ruled as it did the ques with the Brown decision, the equal pro (1799) tion had been to deny absolutely an ap tection clause and the Civil Rights Act; peal from a denial of a writ of habeas they would not have jurisdiction, how Even the father of judicial review, corpus. ever, to order school attendance plans Chief Justice Marshall, held the same So what may we deduce regarding the requiring school assignment on the basis view, observing in Ex parte Bollman, 4 limits of congressional power to control of one's race-plans which are not con Cr. (8, 10 <1799), that- the Federal courts by regulating their sistent with Brown, the equal protection "Courts which are created by written law, jurisdiction? I believe it can be sum clause or the Civil Rights Act. and whose jurisdiction is defined by written marized as follows: It may be argued that offering freedom law, cannot transcend that jurisdiction.'' First. The power of Congress to control of choice plans as remedies for segre More recent Court decisions have also the inferior Federal courts is unlimited. gated schools is inappropriate on legal supported this principle. For example, This power is expressly granted by the grounds because of the doctrine of stare in 1932 Congress enacted the Non·is-La Constitution when it authorizes Congress decisis-which holds that courts should Guardia Act, prohibiting the issuance of to establish inferior courts, which Con follow the rules or principles laid down injunctions in labor disputes except by gress did by the Judiciary Act of 1789, in previous judicial decisions unless they compliance with a lengthy hearing and and has been upheld consistently by contravene the ordinary principles of fact-finding process, which was chal numerous Court decisions. justice-since such plans have already lenged in court on jurisdictional grounds. Second. The power of Congress to con- been struck down in some court decisions. 6988 EXTENSIONS OF REMARKS March 9, 1977 But it is the principle established by such gas while increasing the efficiency of the he could significantly reduce the amount of decisions-that "affirmative action" must heating system during much of the heat fuel consumed each year and save money. be taken to desegregate schools and thus ing season. And, if the impressive gas His findings and research have resulted in consumption figures for his three-bed a number of suggestions to government offi that children must be assigned to schools cials involved in energy research, public on the basis of their race-which is not room ranch house in Hobart are any utility companies, area Congressional repre consistent with the Brown decision. Thus guide, he was right. sentatives and manufacturers of space and while overturning earlier decisions dis But how does an ordinary man on the water heating equipment. allowing freedom of choice plans may street with an extraordinary idea get More recently, his research extended to the appear to be a violation of stare decisis, the powers-that-be to take him-and use of electric blankets, air conditioning in fact such action would merely bring it--seriously? It is not easy, as George B. equipment and the design and function of remedies in line with the principle of Flagler found out the hard way. water heaters. Can the average homeowner make the non-racial school assignment established He started an 18-year long crusade to necessary orifice adjustments himself? by Brown. get the powers-that-be in industry and Flagler said that his purpose in publishing It should also be noted that stare de Government to take a second look at his his findings is to urge people to become more cisis, while serving a valid judicial func simple device. He contacted the FPC, the familiar with their own space and water tion, is by no means an ironclad rule, FEA, ERDA, the American Gas Associa heating equipment and to become more con particularly in cases dealing with consti tion, U.S. Steel, Northern Indiana Public sevation minded in their homes. tutional issues. Its limitations have been Service Co., People Gas of Indianapolis, If one doesn't feel qualified to experiment, progressively weakened since Pollock v. the National Coal Association, Honey a service man can be called, he suggested. well, Sears, Popular Science magazine, However, he cautioned, "you have to re Farmers' Loan and Trust Co. in 1895, member that the serviceman may or not cart since which some 143 decisions have Lennox, Northern lllinois Gas, Common about whether you are saving fuel." overturned one or more earlier decisions wealth Edison, A. 0. Smith, Henry Kis Flagley is advocating that a federal com of constitutional questions (op. cit., page singer, his two Senators, and two gen mission be appointed to implement a pro 683 >• Brown, of course, is itself one of erations of U.S. Congressmen. gram of education on the possibilities of fuel the most famous instances of an estab When, in 1973, the Nation discovered savings in the home. lished doctrine being overturned. there was an energy crisis, the big oil He also advocates that manufacturers equip new furnaces with an automatic flip Mr. Speaker, I hope the Judiciary companies dusted off their plans for multibillion dollar coal gasification, shale switch on the thermostat, actuated by the Committee can schedule hearings on this outside temperatures, to control the com legislation in the near future. In terms oil, and synthetic fuel plants. A new gen bustion rate. of fostering race consciousness, in dis eration of Federal energy bureaucrats Have his efforts resulted in positive action rupting the lives of our young people and rushed forward with allocation plans, by the federal government? interfering with their education, forced entitlements, and voluminous rationing Flagler says officials indicate that his rec busing is exacting an enormous price. plans. Scientists everywhere huddled ommendations have been taken under I believe restricting the jurisdiction of over their test tubes and cyclotrons with advisement. renewed intensity. And George B. Flag On a recent trip east, he said, he saw an the Federal courts is the fastest way of advertisement for a water heater showing a eliminating this. ler returned to his typewriter, trying to baffle design he'd suggested last year. The text of the legislation follows: get somebody to listen to his idea for an In addition to his activities on behalf of H.R. 4479 adjustable burner nozzle. energy conservation, Flagler is an active com A bill to insure the equal protection of the George is still writing. I got his latest munity leader serving on the city's Board laws and to protect the liberty of citizens letter just this week along with a recent of Zoning Appeals and Plan Commission, for as guaranteed by the Fourteent h Amend article on his story from the Gary Post 33 years. He is a member of American Legion ment, by eliminating Federal court juris Tribune. Yankee ingenuity is not dead Post 54 and is a World War I veteran. diction over forced school attendance among the cornfields of Indiana. Wash The chart which "proves" his theory lists his home gas consumption since 1963, figured Be it enacted by the Senate and House ington and Wall Street could learn some in 100's cubic feet. It can be used as a basis of Representatives of the United States of lessons there : for comparison. America in Congress assembled, That, pur ENERGY CRISIS Flagler and his wife Mae live in a three suant to article ill, sections 1 and 2, of the (By Charlene Marks) bedroom ranch home with a basement at 55 United States Constitution, no court of the N. Washington St. Siding was added in the United States shall have the jurisdiction to HoBART.-A 77-year-old retired energy spring of 1975 and recommended amounts make any decision, or issue any order, which specialist here says he is looking for a of insulation are used throughout. would have the effect of requiring any indi "champion" to promote his cause of energy Listed by year, the gas figures are: vidual to attend any particular school. conservat ion in homes across the country. George Flagler retired from U.S. Steel in Consumption 1962 after working 45 years with coke oven Year Cubic feet gas in steel mills in Gary and Pueblo, Colo. 1964 ------1,664 BETI'ER IDEA FOR CUTTING DOWN Since then he converted his home furnace 1965 ------1,590 HEATING BILL from oil to gas and turned his energies to 1966 ------1,410 making it operate efficiently. 1967 ------1,530 With the recent fuel crisis, Flagler ex 1968 ------1,566 panded his efforts and began a one-man cam 1969 ------1,643 HON. FLOYD J. FITHIAN paign to interest government agencies in a 1970 ------1,374 OF INDIANA program of conservation based on the results 1971 ------1,410 IN THE HOUSE OF REPRESENTATIVES of his finding over the last 12 years. 1972 ------1,402 "I want to make the space heater (furnace) 1973 ------1, 219 Wednesday, March 9, 1977 owner aware that there is a possibillty of 1974 ------1, 277 Mr. FITHIAN. Mr. Speaker, ever monet ary savings by reducing the rate of 1975 ------1, 151 combustion in his furnace during mild heat· wonder how Tom Edison or Henry Ford ing weather," he explained. would fare against today's top-heaVY bu He says his ideas aren't particularly ne• reaucracy? If the experiences of one or startling, but if put into effect on a wide REVERSE DISCRIMINATION George B. Flagler of Hobart, Ind. are scale they would help until alternate any guide, there is a good chance we sources of energy are developed. would still be straining our eyes to to the Based on his experience and the knowledge HON. JAMES M. COLLINS :flickering light of oil lamps and commut that furnaces often burn gas inefficiently, OF TEXAS ing on horseback. wasting sometimes as much as 60 percent "up the chimney," Flagler began to experi IN THE HOUSE OF REPRESENTATIVES In 1959, George had a better idea for ment with the size of the orifice or hole on Wednesday, March 9, 1977 cutting down on his home heating bill. the burner nozzle leading into the combus Much of the heat from his gas-fired tion chamber. Mr. COLLINS of Texas. Mr. Speaker, home heating furnace, he observed, went He found, he said, that by reducing the in our Nation's desire to end discrimina straight up the chimney, wasting energy orifice size from 15/ 64 inches, the standard t ion, we have come too far and have now and money. Reducing the size of the size on his furnace, to 11 / 64 inches during developed reverse discrimination. The re orifice, or hole on the burner nozzle, he the two most severe winter months, and 9/ 64 cent redistricting in New York City of a reasoned, would slow combustion saving inches the other ten months of the year, small Jewish community is a perfect ex- March 9, 1977 EXTENSIONS OF REMARKS 6989 ample of miscarriage of justice. These of this procedure. all the justices except tural community, consumers, and the econ Jewish neighbors wanted to be a cohe Chief Justice Burger found ways of detour omy as a whole. It is my hope that the Com sive community and yet in order to pro ing around them. Justice Brennan's concur mittee will address these issues during its de rence carries special interest. He was so clear liberations of legislation to extend and amend vide a balance for the black community, sighted about the pitfalls of the business the Agriculture and Consumer Protection Act the old New York Legislature reappor that his words make an overpowering case of 1973. tioned them. against his own conclusion: "Even in the I am particularly concerned about the des Sometimes the Supreme Court con pursuit of remedial objectives," he said, "an perate situation faced by farmers in our fuses the law. I agree completely with the explicit policy of assignment by race may western states and, specifically, in my own Washington Star in their editorial. This serve to stimulate our society's latent race state of California as a result of the drought. is a decision that is hard for a layman consciousness . . (and) even preferential It is becoming more evident each day that to understand and difficult for any jus t reatment may act to stigmatize its recipient current federal disaster assistance programs groups" by implying "to some the recipients' are ineffective in providing farmers with the tice to defend. I want to commend Chief inferiority and especial need for protection.". security t hey reqUire to stay in business. If Justice Burger as the only dissenter. Re Precisely. But saying he would ne'er consent, this t rend continues, all Americans will pay verse discrimination is a burden of much Justice Brennan consented. the price. greater magnitude than the original dis It was left to the Chief Justice, in one of Agriculture is a $9 b1llion industry in Cali crimination itself. the best statements we have seen about the fornia. We provide 40% of the nation's sup The following is the editorial from the folly of "benign discrimination," to follow ply of fruits and vegetables. Today, how Washington Star. I recommend that you the Court's reservations to a logical conclu ever, the agricultural industry in California study their entire analysis: sion: is severely threatened by the devastating "The result . . . is ironic. The use of a effects of the prolonged drought. Farmers are REVERSE DISCRIMINATIOl'l mathematical formula tends to sustain the expected to lose $3 billion this year. Already The Supreme Court, as a four-way internal existence of ghettos by promoting the notion our cattlemen have su1Iered losses amount disagreement indicated, was deeply troubled that political clout is to be gained or main ing to more than $460 million and many of the other day when it upheld a New York tained by marshalling particular racial, the growers of our specialty crops, such as State reapportionment law challenged as "re ethnic or religious groups in enclaves. It sug tomatoes, lettuce, and artichokes, face tre verse discrimination" by a close-knit Jewish gests to the voter that only a candidate of mendous cutbacks in production. community in Kings County. the same race, religion or ethnic origins can Ours is an agriculture-based economy. And well might it be troubled-not only, properly represent that voter's interests, and Therefore, current predictions of loss for the as seven justices were, by the complexity of that such a candidate can be elected only agricultural sector can be translated into the issues, but also by the result, which drove from a district with sufficient minority con even more alarming statist ics for rising un only Chief Justice Burger to dissent. centration. The device ... moves us one step employment, both on and off the farm, in The New York redistricting fell under fed farther away from a truly homogeneous soci creasing consumer prices, and reductions in eral supervision because Kings County was ety. This retreat from the ide!Ll of the Ameri international t rade. In California, this mul one of three in which, because of c~rtain can 'melting pot' is curiously out of step with tiplier effect means that as many as 144,000 "trigger" mechanisms of the 1970 Voting recent political history-and indeed with jobs could be lost in related industries and Rights Act, reapportionments must be vet ted what the Court has said and done for more services if 48,000 farm workers lose their in here in Washington for possible racial dis than a decade." comes. And there will be a loss of $9 billion crimination-by either the U.S. attorney gen In the Chief Justice's eyes, that is, the 1.6 to the economy, if farm losses remain at $3 eral or the U.S. Dist rict Court. New York's per cent solution was deficient in both legal billion. 1972 plan failed to clear Justice Department and national principle. And we share that In light of today's serious economic situ inspection because--not to put too fine a ation, it is the task of this Committee to point on the difficulty-several legislative view. develop a comprehensive farm and food pol districts were not sufficiently sa.fe for "non icy, incorporating effective disaster relief white" (i.e., black and Puerto Rican) majori programs and innovative long-range plans ties. THE NEED FOR A CONGRESSIONAL which will safeguard our agricultural sector, To meet the Justice Department's objec RESPONSE TO THE DROUGHT especially the family farm. Accordingly, I tions, the plan was revised and as a result urge the Committee to consider the follow the Williarnsburgh area of Kings County. ing proposals: home of 30,000 Hasidic Jews, was split up HON. LEON E. PANETTA 1. Review and revision of existent disaster this, for the sole purpose of raising the "non OF CALIFORNIA relief programs. Federal emergency and dis white" majority in one district from 61 to IN THE HOUSE OF REPRESENTATIVES aster assistance programs are overrun by 65 percent. (The majority might have been administrative problems, lack of sufficient raised to 63.4 per cent while leaving the Wednesday, March 9, 1977 funding, shortage of personnel, and just Jewish community intact, except for the Mr. PANETTA. Mr. Speaker, recently plain confusion. I would like to see the pro "feeling"-as one New York official delicately I delivered testimony before the House cedure for implementing presidential or put it-that the Justice Department viewed secretarial declarations simplified and better 65 per cent as an "approved figure.") Thus Agriculture Committee pointing out some coordinated. As a first step, it would make with a nod to the current novel and movie of the serious problems facing farmers in sense for the responsibility for agriculture about Sherlock Holmes and Dr. Freud, one California as a result of the drought. related disaster programs to be moved from might call it "the case of the 1.6 per cent Every day the situation gets worse. the Federal Disaster Assistance Administra solution." But it wasn't a satisfactory solu Now projected losses for agriculture-re tion to the U.S. Department of Agriculture. t ion for the Hasidic community, which had lated industries alone go as high as $6.3 This would enable the Secretary of Agricul customarily been left intact in legislative billion. This weekend I will be conducting ture to have a more direct role in facilitating apportionments. emergency hearings in Salinas, Calif., to disaster relief for farmers throughout the The case raises, very clearly, the difficult country. In addition, the Emergency Live issue of "reverse"-or, as some prefer to call receive testimony from farmers in my stock Feed Program should be amended to it "benign"--discrimination: discrimination district regarding what they view as their provide assistance to cattlemen who do not c:~.lling for the racial classificat ion of cit izens most pressing drought-related problems grow their own feed, as well as those who which may arguably be justified as serving a and the effectiveness of current Federal do. Also, greater quantities of feed should larger constructive purpose. disaster relief programs in solving this be made available under this prOtJl'am at The elements of the Court's decision that situation. lower costs. disturb us will not come as news to the Court. In anticipation of these hearings and 2. Expansion of federal crop insurance to They were obvious, above all to Justice Bren as a member of the House Agriculture reach farmers in all counties of the U.S. nan and Chief Justice Burger. As the former Subcommittee on Conservation and producing all types of crops. A more com put it, the case "carries us further down the prehensive crop insurance program, with the road of race centered remedial devices than Credit, which will be conducting hearings government and farmers sharing the costs. we have heretofore traveled." on the drought on March 15 and 16, I would provide the kind of protection many That is indeed the crowning irony of the would like to insert the following state of our farmers need but cannot now afford. case. The Voting Rights Act was, as the Court ment into the REcoRD. 3. New emphasis on programs which pro itself declared 11 years ago, "designed by STATEMENT BY CONGRESSMAN LEON E. PANETTA, vide for technical assistance and research Congress to banish the blight of racial dis HOUSE COMMITTEE ON AGRICULTURE, HEAR into new methods of conserving our water crimination in voting." As in every use of INGS TO AMEND AND ExTEND THE AGRICUL and energy resources. The Soil Conservation racial groupings to fight racial discrimina TURE AND CONSUMER PROTECTION ACT OF Service, Agriculture Conservation Program, tion, we have the hazardous paradox of fire 1973, FEBRUARY 17, 1977 and Emergency Conservation Measures pro fought with fire. In this case, racial dis Mr. Chairman, I would like to take this grams need to be expanded to include inno crimination in voting is fought with racial opportunity to point out some legislative vative conservation projects which would classification in apportionment. areas which I feel must be revised to re:flect alleviate some of the agricultural problems Even though they clearly saw the pitfalls the current and future needs of our agricul- caused by drought. CXXIII--440-Part 6 6990 EXTENSIONS OF REMARKS Ma'tch 9, 1977 4. Revision of the criteria needed for farm the most rapidly along the road to oblivion. reformed. The Hospital Association of ers to qualify to receive emergP.ncy loans An early examination of the distribution Pennsylvania has provided me with a from the Farmers Home Administration. Cri formula for Community Development aid summary of their most recently adopted teria req.uiring farmers to be faced with was done by Dr. Patrick Beaton of the Uni recommendation concerning these near bankruptcy must be changed to guar versity of North Carolina at Charlotte; he found that those scarce funds were going in needs. antee the survival of the family farm and to The association singles out health keep young farmers on their land. disproportionate amounts to semirural coun These are just a few areas where legisla ties on the fringe of urban areas. Once re care, among other policy areas, as being tive action is greatly needed, not only to ceived, the funds went to build "growth in particular need of attention. They meet the demands of today's economic sit inducers" such as airports and roads. Natu note that many government regulat uation, but also to prepare us for the future. rally, the growth inducer often came at the ions-Federal as well as State-tend not I look forward to the opportunity of par expense of the urban core. A parallel study only to increase operating costs but run ticipating in the hearings which we are by the Harvard MIT Joint Center for Urban contrary to legislative intent. about to begin. Thank you. Studies on Community Development pat terns within cities noted that local officials Mr. Speaker, HEW Secretary Califano often use their powers of discretion to shift has announced his intention to develop a funds from impoverished neighborhoods to cost containment unit within HEW. other parts of the cities "with at least tacit Americans currently work almost 2 weeks URBAN DEATH AS POLICY federal approval." a year to pay for our Nation's hospitals. No public policy system is flawless, but the At the present rate of inflation, spending current Community Development program HON. EDWARD ,V. PATTISON seems positively deleterious. Many people under national health inSurance will OF NEW YORK have the impression that a great deal of double in just 5 years. It is evident that IN THE HOUSE OF REPRESENTATIVES public money is being channelled to the some sort of cost containment effort is inner city and jusifiably wonder why the needed. The difficulty lies in its organiza Wednesday, March 9, 1977 evidence of positive impact is so meagre. tion and eventual implementation. Mr. PATTISON of New York. Mr. With this impression, it is all too easy to con The Subcommittee on Economic Sta Speaker, one of the most fashionable clude that the inner city is terminally ill and bilization, of which I serve as chairman, without a redeeming social future. has undertaken the study of whether the current activities is to lament the prob In his article, Baer concludes that the lems of our cities. This activity takes idea of urban death as a concept should be economic impact-inflationary impact various forms: calls for more hearings opened for discussion-"for scholars, if not of government regulations can be meas or studies; castigations of municipal !or politicians." In fact, I would argue that ured with sufficient accuracy as to pro leaders for failing to revitalize their cities a de facto decision on the subject of urban vide program administrators with a socially and financially; promises by the death has already been made. The heavy yardstick of their potential costs. It is our Government to stop urban decline with handed demolition of "urban renewal" by purpose to report legislation which will the Nixon Administration really eliminated accomplish this objective. money and technology. the only moving force in many core city Meanwhile the cities continue to die. areas. Furthermore, the stumbling start of Mr. Speaker, I believe the recommen And one reason is that many of the pol the Section 8 Housing Assistance Payments dations prepared by the Hospital Asso icies and programs that are supposed to program has not been a good omen to those ciation of Pennsylvania to be of interest be helping urban areas are actually who work in the housing field. More ominous to my colleagues. For that reason, I sub speeding their destruction. Lack of over clouds are also forming: Homebuilders are mit a copy of their recommendations to all planning, combined with bad distri plumping heavily for a new construction be incorporated into the RECORD. program that will likely duplicate the experi SUMMARY OF RECOMMENDATIONS bution formulas, have meant that the ence of the Section 235 housing program that Federal Government has often been an drained off stable, central city families to I. The variety and number of state and fed active partner in promoting urban de peripheral locations. The signs point to pro eral agencies involved in the regulatory proc cay. I would like to insert the following grams that will work-either by design or ess for health care demands reform. article by Ralph E. Thayer, which ap default--only in peripheral areas rather than 1. The Federal government should move peared in the February 1, 1977 issue of the core city. expeditiously to develop a national health policy to be administered in a more system the Ripon Forum: There are, perhaps, good and sound rea sons to avoid the central city, particularly 1f atic and reasonable fashion through a re "URBAN DEATH" AS POLICY there is a conscious policy decision not to organization and consolidation of activities. (By Ralph E. Thayer) strand current city residents in continued This could be accomplished through the The nation's current urban dilemma was limbo. Many decisions, however, are the re creation of a cabinet level department of strikingly portrayed last fall in two docu sult of the unconscious accumulation of in health as the administrative agency to co ments. The first was a set of hearings con dependent actions. Our present path seems ordinate all Federal health programs. vened by the House Committee on Banking, to ratify the "nonsurvivability" of many of 2. The Federal Department of Health, Edu Currency, and Housing in late September the impacted urban areas. cation and Welfare should review the policies and published as The Rebirth of the Amer It is exceptionally difficult to attract urban and procedures of the twenty-five separate ican City. At the same tima an interesting investment under the best of conditions; to units within that Department that affect article appeared in the Public Interest en expect redevelopment to occur when thou hospitals and require coordination of activi titled "On the Death of Cities" by William sands of local governments in partnership ties to eliminate the prevalent fragmenta tion and duplication in hospital regulation. Baer. with federal agencies have drawn up policies Despite its title, the House study really which effectively surrender many areas to 3. Inspections and audits by federal and urban decay is unrealistic. This is the legacy state agencies should be consolidated and gives little room for optimism in the area conducted during one annual visit to each of city futures. A massive catalog of urban that has been left to incoming Secretary of Housing and Urban Development Patricia health care institution. ills is listed which, if nothing else, represents 4. All utilization review activities for the most significant evidence of the strength Harris. If this uncertainty is not eliminated, all urban programs may be doomed. health care institutions should be coordi of the nation's cities. Any entity that can nated under Public Law 92-603 (Professional be as affiicted as America's cities and still Standard Review Organizations) rather than survive has remarkable resiliency. The title duplicative state reviews. topic of Baer's article is, however, far more 5. Public Law 93-641, the National Health to the point than the momentous testimony INFLATION AND GOVERNMENT Planning, Resources and Development Act of the urban poobahs. REGULATIONS should be properly funded and serve as the The basic hypothesis is that "Urban primary mechanism for implementing health death--or at least neighborhood death-in planning. the nation's cities is· coming to pass. It may HON. WILLIAM S. MOORHEAD II. Surveys and data collection must be be hindered by expertise, detoured by ca OF PENNSYLVANIA coordinated. jolery, impeded by charismatic leadership, IN THE HOUSE OF REPRESENTATIVES 1. A system should be created in each state and delayed by simple faith, but it wUl and procedures designed to screen and elim come." And a similar notion escapes from Wednesday, March 9, 1977 inate unnecessary voluntary and govern the mass of congressional testimony about mental questionnaires directed to hospitals urban "possibilities." Mr. MOORHEAD of Pennsylvania. Mr. prior to distribution for completion. In fact, the present distribution formula Speaker, each passing day provides us 2. Each state should organize and imple for Community Development aid by the fed wih a little more evidence of the fact ment a commission concept whereby recog eral government almost guarantees that the that the regulatory process of govern- nized data collectors pool resources and urban areas who are neediest will be pushed ment is in need of being refocused, if not share the products of data undertakings. March 9, 1977 EXTENSIONS OF REMARKS 6991 Under this concept, state government, third MOUNTAIN PINE BEETLES Front Range of Colorado. Por a number of party payors. and voluntary agencies would reasons, however, the beetle population has vest the authority and support in a recog recently grown to an epidemic level, par nized data collection center designed to col HON. TIMOTHY E. WIRTH ticularly in the foothills and lower eleva lect what is needed and provide appropriate OF COLORADO tions. The greatly increased number of pine information to all participants. beetles has disrupted the ecological system IN THE HOUSE OF REPRESENTATIVES of this area. There are many hillsides on ill. Many government regulations increase Wednesday, March 9, 1977 which over half of the trees have been killed. operating costs and run contrary to legisla While bad enough in and of itself, the de tive intent. Mr. WffiTH. Mr. Speaker, on Septem struction has had a serious impact on both 1. Legislation should be enacted giving the ber 8, 1976, I reported to my colleagues recreation and tourism which are important Congress veto power over executive regula about my efforts to obtain continued values in the infested area. Further, the tions which exceed legislative intent. funding of a program to check a moun beetle epidemic has weakened wildlife, flood 2. All regulations mandated by state and tain pine beetle epidemic that is ravag control, watershed quality, commercial tim federal government should include an eco ber, and private property values. nomic statement from the agency issuing ing the foothills of Colorado. Perhaps most importantly, the great quan the regulations stating how much money The mountain pine beetle is a small tity of standing dead timber that is left implementation of the regulations would insect that normally occurs in low num after the beetle attacks presents an enormous cost to be regulated and how the state or bers in western forests. In recent years, fire hazard. This summer, what would nor federal program expects these costs to be however, the number of beetles has grown mally have been a relatively minor fire broke reimbursed. At appropriate intervals, the to an epidemic level. The beetles have out in Boulder Canyon. Because of the high actual economic impact should be evaluated killed hundreds of thousands of trees combustibility of trees destroyed by beetles, and announced. along the Front Range in Colorado, hurt however. the fire turned in to a major threat 3. All state regulations should be subject to lives and property. Luckily, a concerted and ing tourism, recreation, private property, expensive effort by federal, state, and local to regular review for assurance of continued and aesthetic values. relevancy and to confirm that the need for governments, and by private citizens as well, the regulations still exists. For the past 3 years, the U.S. Forest got this fire under control before lives were Service. the Colorado State Forester, and lost or private dwellings destroyed. There is 4. Regulatory lag should be eliminated private landowners have cooperated in a no assurance that we will be as lucky next through planning and implementation of time. legislation rather than last-minute develop limited, but effective, program to check ment of regulations or even worse the de the spread of the beetles in key areas. To combat the problems caused by the velopment of regulations in haste after the Last year, however, the Forest Service in mountain pine beetle epidemic, the Forest effective date of the legislation and then dicated that it was going to stop funding Service, the Colorado State Forester, and pri applied retroactively. When regulations are the beetle control program. vat~ landowners have for three years par promulgated they should be complete and ticipated in a modest but highly effective When I last spoke about this matter cooperative program to suppress infestation not presented with the series of amendments before the House, I inserted in the CoN and corrections. on the lands considered to be most impor GRESSIONAL RECORD correspondence be tant. The Forest Service contribution to this IV. The health industry must be assured tween myself and the Forest Service on program has averaged about $230,000 a year. due process with regard to government reg ulations. this subject. in which I pointed out the Since the infested area is one with a cha grave mistake that would be made by otic intermingling of federal, state and pri 1. Due process must be recognized as a vate land ownership, the continued partici component of all state regulatory operations. termination of Federal funding for this project. Eventually, the Forest Service pation of all parties is necessary. Otherwise Rule making should include: the suppression effort will inevitably fail. (a) Prior notice with adequate time for all reversed its position and recommended Recognizing the problems posed by such a interested parties to comment before imple that the funding be continued. situation, the Congress in 1947 directed the mentation, preferably at a public hearing. The final decision, however, was up to Forest Service to: prevent, retard, control, (b) Fair opportunity for administrative the Office of Management and Budget, suppress, or eradicate incipient, potential, or appeals to be heard when adverse decisions which controls the contingency account emergency outbreaks of destructive insects are made against hospitals and other from which the control program is or diseases on, or threatening, all forest lands providers. funded. On January 27, I and the other irrespective of ownership. 16 U.S.C. § 594-1 (c) Publication of proposed rules, com members of the Colorado congressional (1970) (emphasis added}. ments, hearings, decisions and other matters delegation-Senators FLOYD HASKELL and The Forest Service, understanding the na of general interest including the list of hear GARY HART, and Representatives PAT ture of this severe problem and the need for ing officers. When an adverse decision has continuation of the modest federal involve been rendered there should be speCific rea SCHROEDER, FRANK EVANS, JIM JOHNSON, ment, has recommended that you approve sons for the decision, full disclosure of the and BILL ARMSTRONG-Sent a letter to Colorado's request for funding into Fiscal appeal mechanism, a timely hearing sched OMB requesting that they follow the Year 1977. We fully support the Colorado ule, proper conduct of the hearing and the Forest Service's recommendation and ap request, and urge you to approve it without findings should be made known within a rea prove the funding. delay. sonable amount of time. I recently received a response from Sincerely, V. Reasonable costs should be determined OMB. While still indicating some reser Senator Floyd K. Haskell, Senator Gary prospectively under regulations and operat vations about the project, OMB has de Hart, Representative Patricia Schroe ing practices that require Medicare, Medic cided to continue the effort to control der, Representative James P. Johnson, aid, and Blue Cross to ·use the same defini Representative Timothy E. Wirth, Rep tions in determining reasonable cost. the mountain pine beetle epidemic. resentative Frank E. Evans, Represent I think that my colleagues will be in 1. The reasonable cost concept currently ative William L. Armstrong. lets government define what is reasonable terested in the correspondence between according to its standards and without a leg the Colorado delegation and OMB, which OFFICE OF MANAGEMENT AND BUDGET, islative check or judicial review. This power I now insert in the RECORD: Washington, D.C., March 2, 1977. has been abused by government particularly HOUSE OF REPRESENTATIVES, Hon. TIMOTHY E. WIRTH, in recent years when the budget has been Washington, D.C., January 27, 1977. House of Representatives, under extreme pressure. Often the govern Mr. THOMAS B. LANCE, Washington, D.C. ment has restricted reimbursements not be Director, Office of Management and Budget DEAR CONGRESSMAN WIRTH: This is in re cause the cost of the service was unreason Executive Office Building, Washington, sponse to your recent letter from the Colo able as a financial matter but because the D .C. rado Delegation urging that funds be ap government was seeking ways to reduce fed DEAR MR. LANCE: The ·FOrest Service, with proved for the proposed mountain plne eral expenditures for health care. Thus, the the approval of the Department of Agricul beetle cooperative control project. government has transformed a system that ture, has recently forwarded to the Office of I am pleased to inform you that funds for was intended to prevent hospitals from over Management and Budget a request by the the project have been apportioned. However, charging into a mechanism for underpaying State of Colorado for continued funding of I must also advise you that this action was them. An effective health care system can a cooperative project to control an epidemic taken with reservations. Our review suggests not be operated under the gun of self-serv of mountain pine beetles. We are writing to that the Federal role in this sort of ongoing ing decisions by the government. Any pur urge your approval of this project, which in situation is limited. Accordingly, we have chaser of services, and that includes the gov the short term holds out the best hope for agreed with the Department of Agriculture's ernment, should not be able to buy what it protecting Colorado's forests from the ravages cl.irection to the Forest Service that Federal wants and then, unilaterally, after the serv of the mountain pine beetle. cooperation in this instance should be under ices are delivered, determine what it deems The mountain pine beetle is a small insect stood to be for demonstration purposes and sufficient compensation. ' that normally occurs in low numbers in the implies no commitment to fund other pro- 6992 EXTENSIONS OF REMARKS March 9, 1977 posals designed to protect private property ister of Land and Water Resources, for alleged It has been my fortune to enjoy a ring values in the Front Range area. involvement in a coup attempt. According t o s ide seat at many of the crucial events of I look forward to working with you on the Governmen t , they died in a car cras h t he perhaps the most revealing period in this and other matters in the future. next day. recorded history. Never before has mankind Sincerely, The I n ternational Commission of J u rist s h a d such triumphs to celebrate and such dis HUBERT L. HARRIS, Jr., ~ aid t he accident was really an assassinat ion; mal failures to bemoan. Never has the future Assistant to the Director Andrew Young, the United States Ambassador off ered such glorious promise and such for Congressional Relations. to t he Unit ed Nations, agreed, and compa red m onstrous perils. the deaths with the alleged suicides of black detainees in South African jails. Edgar Mowrer was both an optimist The jurists' commission, Amnesty Intern a about the world around him and a real ALL THE NEWS THAT'S FIT TO TINT tional and Western officials have previously ist about the people who made it up. He urged the United Nations Commission on H u was the only newsman I know of who man R ights to investigate the killings in personally interviewed Adolph Hitler on HON. JOHN M. ASHBROOK Ugan da. But t he full commission, now dom i OF OHIO nated numerically by African, Arab and ot her several occasions and was one of the IN THE HOUSE OF REPRESENTATIVES Third World nations, has never taken up t he first to warn of the dangers if Hitler issue. Even if it did, there is no reason to be was not stopped. He won a Pulitzer Prize Wednesday, March 9, 1977 lieve t hat it would have any effect on Mr. in 1933 for a book on Hitler's rise to Mr. ASHBROOK. Mr. Speaker, from Am in. power and was subsequently expelled time to time I have discussed various Diplomatic action has also had no positive from Nazi Germany for his all-too-ac "news" articles in the New York Times resu lt; in the past, if anything, it has re curate accounts of what was happening duced foreign leverage. The United St ates there. which show more bias than news content. closed its embassy in Kampala in 1973 and Recently, the Sunday New York Times terminated all aid programs. Britain, Uga n Edgar Mowrer dedicated "Triumph in its "The Week In Review" section had da's former colonial ruler, severed relations and Turmoil" to his wife, Lilian, whom a several paragraph article entitled "The last su mmer after a series of brutal and at he described as "muse, critic and gentle Murderous General Amin." The title is, times seemingly irrational acts by President reader" and who was constantly at his if anything, an understatement, but that Amin. He expelled 55,000 Indian and Paki side for more than 60 years of a won is not the problem with the article. stani tradesmen; arrested, humiliated a nd derful marriage. Lilian, who survives threatened to execute Denis Hills, a Brit ish along with a daughter, is an author of Few will disagree with the statement lecturer; his men apparently murdered a that the New York Times is a politically hostage of plane hijackers left behind in a note whose writings included a prize liberal newspaper. Such liberal news Uganda hospital when Israeli commandos winning book called "Journalist's Wife." papers push the idea through news rescued the other passengers. By far most She was Edgar's warmest supporter and stories and other ways that the United of Mr. Amin 's victims, however, have most perceptive proofreader. States should cut aid, trade, et cetera, to been his count ry rr..en, perceived by h im as In "Triumph and Turmoil," he con such countries as Chile, South Africa, political threat s . cluded in one passage that "human life and Rhodesia, to mention only three. Th e Soviet Union, a major supplier of is unsafe at any speed and therein lies weapons to Uganda, could cut back supplies, The theory is that through such pressure but Uganda could obtain arms in other mar much of its fascination." That he was those countries will bend to our will. kets. Uganda's East African neighbors, Kenya fascinated with life-there is no ques Let us then take a look at how the and Tanzania, vilify Mr. Amin but are pre tion. He once wrote: New York Times in its article handles occupied with their own dispute. The Orga What I, as a p rofessional observer of the Uganda on these same issues. nization of African Unity has taken no posi world in a period of unequalled triumph and First, the New York Times article tion on Mr. Amin ; in fact, by agreed-on rota turmoil, have seen and lived, fills me wit h states "Diplomatic a ction has also had t ion, he is the current chairman. quiet confidence that somewhere, somehow, A spokesman for the British Foreign Office sometime, men and women will achieve that no positive result; in the past. if anything said his Government was distressed by the beauty and Wisdom to which the finest it has reduced foreign leverage." So much Ar chbishop's death, but asked what Britain am ong t hem h ave alwa ys aspired. for that kind of pressure. could do to end the killing replied, "There's The issue of cutting off arms to a not really much one can do, is there?" Mr. Speaker, Edgar Ansel Mowrer was country is always popular for the liberals. an inspiration to those of us who knew The Soviet Union is the major supplier him personally as well as to those who of arms to Uganda; therefore, you might only knew him through his writings. The think the New York Times would show EDGAR ANSEL MOWRER: A GREAT Washington Post of March 4 summed up its bias in its news columns by urging the JOURNALIST RECORDING GREAT his outstanding career in the following Soviets to cut back its weapons to EVENTS obituary which I include in the RECORD Uganda. But no, the Times does not urge at this point: that. Rather, "the Soviet Union, a major EDGAR ANSEL MOWRER DIES, PULITZER PRIZ E supplier of weapons to Uganda, could HON. PAUL FINDLEY NEWSMAN cut back supplies, but Uganda could ob OF ILLINOIS Edgar Ansel Mowrer, 84, author, lecturer tain arms in other markets." IN THE HOUSE OF REPRESENTATIVES and once considered t he dean of American foreign correspondents, died Wednesday on Is it not funny how the liberals only Wednesday, March 9, 1977 t he Portuguese Atlantic island of Madeira. urge such cutoffs on our friends and those Mr. FINDLEY. Mr. Speaker, last A former syndicat ed columnist for the who want to be our friends, but not on Wednesday, March 2, 1977, one of this Chicago Daily News, he h ad lived near Tam the Soviets or a black dictator in Africa. Nation's greatest and most respected worth, N .H . since he retired in 1969. He and With those kind of countries. liberal h is wife, Lillian, had been s t aying in Madeira newspapers like the New York Times journalists died on the small Portuguese since December. have a different standard. island of Madeira in the Atlantic where Mr. Mowrer won the Pult izer Prize as a Following is the article from the Feb he was vacationing. He was 84 years of foreign correspondent in 1933 for a book age. war n ing about the rise of Adolph Hitler. ruary 20 edition of the New York Times: Until the end, Edgar Ansel Mowrer He had viewed first-hand many of the ma THE MURDEROUS GENERAL AMIN maintained his avid interest in the jor events of modern hist ory and pers on The Anglican Archbishop of Uganda and world around him on which he had re ally knew many of the leaders, particularly two of that nation's cabinet ministers have prior to World War IT. been killed after they were accused of treason ported so brillantly for more than 60 Born in Bloomington, TIL, Mr. Mowrer by Uganda's violent, .erratic, despotic ruler, years. I am convinced that no American st udied at the University of Chicago, but left Idl Amln. He said they died in a car accident witnessed and recorded and reported on the school to attend the University of Paris. caused by their effort to escape. Given his events of the 20th century of greater After a year, he returned to this country record-tens of thousands of political mur moment than Edgar Mowrer. In fact, I and graduated from the University of Michi ders in the last six yel.rs-practically nobody understand he was at work on another gan in 1913. He then went back to Paris, believed him. book when he died. where his brother, Paul Scott Mowrer, was The survivor of several assassination at In one of his major works, "Triumph a correspondent for the Chicago Daily News. tempts and ever-suspicious of plots against Edgar Mowrer had no intention of becom him, President Amin last week ordered the and Turmoil," published in 1968 by Wey ing a journalist but was pressed into serv arrest of Archbishop Janani Luwum, Charles bright and Talley of New York, he de ice when his brother was sent out to cover Oboth-Ofumbi, the Minister of Internal Af scribed his vantage point on history in the battle of the :Marne in World War I. fairs, and Lieut. Col. Erinayo Oryema, Min- these words: He filed dispatcl'~es to the Chicago Daily March 9, 1977 EXTENSIONS OF REMARKS 6993 News from Paris and later was assigned to and in historical publications for the Historians, like professors of literature r.nd the Rome office, where he interviewed Benito general public. The board of county su social scientists, are getting a belated educJ. Mussolini and reported on the latter's belli pervisors and the current chairman of tion in the hard facts of academic economic.· cose intentions. the Fairfax County History Commission and demography. The students who flooded Mr. Mowrer was transferred to Berlin in the history departments a decade ago are 1923. There he produced several books, in each, on separate occasions, have re now a crowd of hungry Ph.Ds who scramble cluding " Germany Puts the Clock Back," ceived national awards in recognition of after every temporary post and have little which were subsequently banned in that their contributions to local history. chance of securing tenured professorships at country. Last December, at a time when the all. These days, not even the best proteges As president of the Foreign Press Associa national convention of the American His of the finest professors can count on finding tion, he defied the Nazis and eventually re torical Association was pointing out the academic work-and the situation is not signed that position in return for the free job crisis for historians, an editorial in likely to improve much for a decade or more. dom of a Jewish correspondent who was a the Washington Post called attention to The job crisis has been salutary in one friend. Fairfax County's innovative local history sense : It has compelled historians to look Recalled to this country by the Chicago beyond their ivory towers and seek better Dally News, Mr. Mowrer lectured for a brief program. On Wednesday, February 23, relations with the less-learned world out period on the threats of Fascism. He was the Post again recognized Fairfax Coun side. There has been a surge of interest in reassigned in 1934 to the Paris bureau of ty's history program on its editorial page fields that used to be dismissed as no longer the Chicago Daily News and covered the with an excerpt from the first issue of fashionable: teaching outside the univer events that led to the outbreak of World the county's history newsletter. This is sities, historic preservation, public and cor War II. a fine example of local governmental porate records work, museun'l management, He also covered the beginning of the support in helping its citizens to know local history and genealogy. Graduate studies Spanish civil war, visited the Soviet Union and appreciate their heritage. are being reshaped accordingly. The Univer and China and returned to Paris, where he sity of California at Santa Barbara has remained until the fall of France in 1940. Today, I am introducing into the launched a doctoral program for "public his Mr. Mowrer then was assigned to Wash RECORD the Washington Post editorial torians," while New York University has just ington, where he collaborated on a series of of December 31, 1976, titled "The Future announced a master's program emphasizing articles on fifth-column activities in Europe. of History" and excerpt from the winter archival work. Several institutions have From 1941 to 1943, he was with the Office of 1977 Fairfax Chronicles as quoted in the courses in preservation that combine history, War Information and broadcast news anal Post: urban planning, property management and yses from Washington. [From the Washington Post, Dec. 31, 1976] law. After the war, he wrote a book, "The THE FUTURE OF HISTORY But these initiatives can make only a dent Nightmare of American Foreign Polley," and in the massive surplus of would-be historians. warned that this country must choose be At one session of the American Historical Therefore, like so many groups bedeviled by tween world leadership or rapid decline. Association's convention here this week, C. unemployment, some historians are now lob In another book, "Challenge and Deci Vann Woodward, the eminent Yale University bying for government aid. They want more sion: A Program for the Times of Crisis historian, argued that America is "aging" history courses in the schools, more official Ahead," he urged the United States to form and losing its national innocence and sense bureaus like the State Department's histori a "peace coalition" and the creation of a of invincibility. Much the same could be said cal office, and federal support for state and federation of non-Communist countries. about the historical profession itself. The job local history programs such as the innova Mr. Mowrer's articles appeared in the crisis in academia has shattered many his tive one in Fairfax County. Saturday Review, Zionist Quarterly, Western torians' faith in the tangible rewards of scholarship. As if that were not traumatic These could be valuable endeavors, not World and the New Leader. In 1961, he wrote merely as make-work but as investments in a book, "An End to Make Believe," in which enough, there is also great controversy about the content of history courses and the very the nation's understanding of its experience he analyzed the history of the cold war and and heritage. Yet in the scramble for public what it meant to Americans. nature of the historians' craft. Such prob lems affect most humanistic fields these days, funds, the historians are bound to come up From 1957 to 1960, he was editor-in-chief short unless there is a dramatic welling-up for North America of Western World, an in but it is especially ironic that in the bicen tennial year, the professional analysts of the of public and legislative sympathy. The AHA ternational monthly published in English and allied professional societies are trying and French editions, which promoted past should be so troubled by unemployment and insecurities. to foster that as an expansion of the current strengthening of the Atlantic community. public interest in preservation, ethnic iden He also wrote a column analyzing world Anyone recently exposed to historical studies is aware of the swift changes in the tity and cultural roots. In the wake of "The affairs for the McClure Newspaper Syndicate. Adams Chronicles" and other bicentennial Mr. Mowrer had served as a consultant to field-the uneasy alliances with sociology, psychology, geography and other disciplines; efforts, some historians are even looking more Radio Free Europe and had been a trustee of benignly at the potential of broadcasting as Freedom House. the growing use of computers and quantita tive analysis, and the fascination with a "popularizer" of the past. Thus the profes His wife, who survives, also is an author of sional custodians of the past are becoming note. ethnicity, sexism, popular culture and other fashionable themes. At the AHA gathering less stuffy and self-indulgent, even as the this week, the smorgasbord of sessions in public is growing more sensitive to the real cluded discussions on movie images of Mexi richness and rewards of historical inquiry. THE FUTURE OF HISTORY can heroes, ethnic influences on the Roman If these developments prove to be durable, army, female war-resisters and even some• both the historical profession and the nation thing called "men's studies." as a whole will become not "aged," but more HON. JOSEPH L. FISHER In part this ferment shows the vitality in civilized and mature. OF VmGINIA the field. It is certainly healthy to expand IN THE HOUSE OF REPRESENTATIVES historical inquiry beyond its traditional focus (From the washington Post, Feb. 23, 1977 I on leaders and policies. Skeptics and pessi FOR THE RECORD Wednesday, March 9, 1977 mists fear, however, that, just as the "old (NoTE.-From Fairfax Chronicles, a new Mr. FISHER. Mr. Speaker, last year's history" could be dull and limited, the "new quarterly newsletter by the Office of Compre celebration of the Bicentennial of United history" could be swamped by triviality, con hensive Planning of Fairfax County.) States independence kindled a genuine fusion over methods and a self-defeating de The Fairfax County of today has grown interest in our history-national, local, sire for "relevance." They have a point. There from the significant and interesting people, is a real danger that history would become a places, and events of the past; and that past and personal. The result is the expansion discipline adrift, thus losing both its audi and strengthening of efforts at all levels is our common heritage. The fact that ence and its identity as an exacting human George Mason was more than just another to compile, interpret, and understand istic art. rich planter and that George Washington our history. The dilemma has emerged most clearly in was perhaps the most important and influ Local communities hold many unique the debates over history-teaching in elemen ential man of the late. 18th century, not resources for historical study. Local tary and secondary schools and community only in America, but Europe as well, helped records, both official and private, attest colleges. The emphasis on new themes and shape the county in which these men lived. to the everyday concerns of citizens and techniques has made many history courses Likewise, colonial society, soil exhaustion, governments as they helped to shape the more appealing and provocative-but at con Negro slavery, the Civil War, the railroads, world in which we live. siderable cost in terms of students' under the small farms, and the mills all have left standing of historical context and basic facts their mark on our culture. For the past 10 years Fairfax County and dates. This experience has also shown in Virginia's 8th and lOth Congressionai The Fairfax County government supports that historical study cannot be "modernized" historic research and preservation in many Districts, has been a national leader in too much without losing its integrity and its ways. The Board of Supervisors has created it~ program of investigating its local value for non-specialists. special districts zoned to protect historic history, protecting sites, structures of What makes these arguments so painful landmarks . . . A History Commission of historical and architectural significance, is the general depression in the liberal arts. interested, knowledgeable citizens advises 6994 EXTENSIONS OF REMARKS March 9, 1977 the Board of Supervisors. The Fairfax Coun A study for the United Automobile Work competition in the telecommunications ty Park Authority acquires, renovates and ers (UA W) claims that mandatory retire industry conflict with congressional in administers historic sites such as Sully ment probably costs the American economy tent. at least $10 billion a year in lost production Plantation and coivin Run Mill. The Office A.T. & T. has prepared a memorandum of Comprehensive Planing pursues an active of goods and services. program to preserve places of historic sig The UAW study was conducted by Prof. challenging the Justice Department's nificaJ.ce within the county. County his Jerome Pollack. The $10 billion loss comes conclusions and requested that I place torians in this office also research and write from the inability to utilize skilled workers this memorandum in the RECORD. In it, on county history. The fruits of the latter who are suddenly forced out of the labor A.T. & T. argues that in enacting the effort include the series of monographs on market. Not only are their skills unavail 1934 act, Congress contemplated that Fairfax County ... and the forthcoming able because of mandatory retirement, but their purchasing power drops, thereby re regulated monopoly was the best in comprehensive history of Fairfax County. dustry structure for the provision of tele We have now begun publication of Fairfax ducing the overall demand for goods and Chronicles to keep interested citizens in services in the United States. communications services. formed on the developments and events re Forced retirement also puts a greater While I do not subscribe to A. T. & T .'s lating to history and preservation activities strain on pension plans, which must support view that monopolistic principles should in Fairfax County, and to encourage further retired workers for a greater number of govern the provision of all telecommuni interest and participation in exploring and years. One study concluded that every ex cations services, I would urge my col preserving our common past. tra year an employee works beyond his nor mal retirement age saves his pension plan leagues to give consideration to it: about 9 percent in the total cost of his re MEMORANDUM WITH RESPECT TO DEPARTMENT tirement. OF JUSTICE ANALYSIS OF THE LEGISLATIVGE Significant statistics, however, relate to HISTORY OF THE COMMUNICATIONS ACT AS FRESH LOOK AT FORCED the number of Americans who will be on re SET FORTH IN A LETTER FROM ASSISTANT RETffiEMENT tirement in coming years. ATTOBRNEY GENERAL DONALD I. BAKER TO Thirty years ago, for example, there THE HoN. TIMOTHY E. WIRTH, DATED JAN were 35 people working for every recipient UARY 18, 1977 HON, ROBERT H. MICHEL of social-security benefits. Today that has AMERICAN TELEPHONE AND OF n.LINOIS fallen to slightly more than three workers TELEGRAPH Co., IN THE HOUSE OF REPRESENTATIVES for every ret iree. And in the next century, New York, N.Y., March 1, 1977. the ratio will fall to only 2 to 1. By selectively quoting the testimony of a Wednesday, March 9, 1977 However, the human-rights issue is the few witnesses during the Congressional hear Mr. MICHEL. Mr. Speaker, the Chris most important aspect, says Mr. Findley. ings which led to he enactment of the Com tian Science Monitor published on Mon Every day, Americans are being pushed out munications Act of 1934 and largely ignoring day an excellent feature by reporter John of jobs without any regard to their desires the co mini ttee reports and the remarks of or their ab111ties. The mental anguish the principal spomsors of the bill in intro Dillin on the growing support in Con caused by these policies exacts an untold ducing the proposed new Act to the Con gress for an end to the last major form cost on American society. gress, Mr. Baker's account of the legislative of discrimination based on age-manda Certainly there is strong evidence, Mr. history of the Act creates an exceedingly tory retirement. Each year hundreds of Findley observes, that people beyond the misleading impression as to the intent of thousands of perfectly capable Ameri age of 65 are still able to make enormous Congress with respect to the role of com cans are forced to leave their livelihood contributions to the country. Some of those petition in the telecommunications industry. merely because they reach an arbitrary st111 on the job in their 70s and 80s include: Furthermore, Mr. Baker's view of the leg age. Mr. Dillin's article emphasizes the pian.ist Arthur Rubinstein, conductor Arthur islative history is seriously deficient in whol Fiedler, labor leader George Meany, anthro ly ignoring the fact that long prior to the denial of basic individual rights involved pologist Margaret Mead, composer Rich enactment of the Communications Act of and the resulting loss to the economy of ard Rodgers, film director Alfred Hitch 1934, Congress and nearly every one of the productivity from skilled workers forced cock, Adm. Hyman Rickover, statesman w. states had enacted legislation to encourage to resign. Averell Harriman. consolidations and eliminate competition in I would like to insert the article in the Frank Lloyd Wright, it might be noted, the telecommunications industry and to sub RECORD at this point so that all Ameri designed the Guggenheim Museum in New stitute common carrier or public util1ty-type cans may benefit from it. York City when he was 76. Benjamin regulation in the belief that regulation FRESH LOOK AT FORCED RETIREMENT Franklin helped write the Declaration of In and not competition-would best serve the dependence at 70, and was active at the public interest in the provision of telecom (By John Dillin) constitutional convention 11 years later. munications services. WASHINGTON.-When Sir Winston Chur Opposition exists to the Findley and Pep It is beyond dispute that in enacting the chill warned Great Britain during World per bills, and could surface at the House Communications Act of 1934, Congress re War II that it faced only "blood, toll. tears, hearings. affirmed the then already established policy and sweat," he was nearly 65, an age when Some labor experts feel the bills could ex of substituting pervasive regulation for com many Americans are forced to retire. acerbate the unemployment problem by petition in telecommunications. Thus, as Mr. Yet Prime Minister Churchill was on the making it harder for young people to get Baker himself notes ( 123 Cong. Rec. E-410 eve of his most inspired years. He went on jobs. It would also remove a management ( 1977)), Congressman (later Speaker) Ray to govern Britain through six years of war, tool sometimes used to get rid of unwanted burn, the principal sponsor of the bill in the and later won re-election at the age of 77. workers. House, specifically stated that "the bill as a Now sentiment is building across the At whole does not change existing law ... with lantic in Congress to give American workers respect to telephone, telegraph and cable" the same opportunity that Sir Winston (78 Cong. Rec. 10312 (1934)). Consequently, had-to work beyond the age of 65 and re A.T. & T. VIEWS ON 1934 COMMUNI the development of the then-existing law tire only when they are physically or men CATIONS ACT must be considered in any meaningful ana-l tally unable to do their jobs. ysis of the Communications Act. Hearings begin March 16 before the House Regulation in the telecommunications in Select Committee on Aging on bills which HON. TIMOTHY E. WIRTH dustry developed as a result of the actual would do away with mandatory retirement, OF COLORADO experience with competition in telecommuni both in private industry and in government. IN THE HOUSE OF REPRESENTATIVES cations following the expiration of the origi "My concern is for the individual person nal Bell patents in 1894. Within a decade of whose rights are violated by mandatory re Wednesday, March 9, 1977 expiration, some 6,000 new telephone com tirement," says Rep. Paul Findley (R) of Mr. WffiTH. Mr. Speaker, on Jan panies were formed such that, by 1907, the Illinois. Mr. Findley has gathered 115 co Bell System was responsible for little more uary 27 I placed in the RECORD a re than half of the telephone instruments than sponsors for his bill, HR-65, which would port regarding competition in the tele ban mandatory retirem<:lnt due to age, both in service. In many instances two or more in private industry and in government. communications industry prepared for competing telephone companies offered serv A more limited approach has been pro me by Assistant Attorney General Don ice in the same community, and subscribers posed by Rep. Claude Pepper (D) of Flor ald I. Baker. In that report, the Justice had to have two or more telephones in order ida, who is chairman of the Select Com Department found that nothing in the to obtain community-wide service. Moreover, mittee on Aging. Mr. Pepper would prohibit legislative history of the 1934 Communi the division of patronage among competing mandatory retirement because of age only cations Act supports the view being ad companies resulted in the sacrifice of the in the federal government. substantial economies of scale inherent in The Findley and Pepper pr:oposals are vanced by A.T. & T., and the independent telecommunications technology. winning greater attention this year than in telephone companies that decisions by The hardship placed upon the public by the past because of econoinic reasons and the Federal Communications Commis the existence of multiple, competing tele human-rights considerations. sion and the courts permitting limited phone companies soon came to be widely rec- March 9, 1977 EXTENSIONS OF REMARKS 6995
ognized. The Pennsylvania Supreme Court, Stat. 27), the first federal legislation dealing a. single nationwide integrated structure. In for example, expressed these concerns as fol exclusively with the telecommunications in this connection, his report specifically lows: dustry. The Willis-Graham Act encouraged pointed out that the "present ... has been "[D]upllcation of facilities merely results the further consolidation of telephone com recognized as lawful in the present act to in the placing of an additional burden upon panies by creating an express exemption from regulate interst:lte commerce.11 The report the public by forcing patrons to maintain the antitrust laws for acquisitions approved concluded by recommending that the exist two systems where one would serve the pur by the Interstate Commerce Commission. The ing integrated structure of the industry pose as effectually and at less cost. . . . It is Act was based on a determination that dupli be retained, and that it be still more useless to argue that the cost of such dupli cation of telephone facilities "greatly in comprehensively regulated as a common car cate system [of telephone companies] is paid crease[s] the burdens which must be borne rier industry by a new federal commission. by investors, and the risk of financial failure by telephone users" and that "the best tele In contrast, the second Splawn Report is theirs, since the burden of finally paying phone service can be rendered by one com urged the immediate dismemberment of the carrying charges and income to the in pany, under proper regulation as to rates electric power and gas holding company vestors is imposed upon the public with the and service." n The need for consolidation structures. In supporting this recommenda result that a higher charge on the part of and regulation of the telephone industry was tion before the Senate Commerce Commit each competing company becomes neces graphically described by Representative Hud tee and the House Committee on Interstate sary, due to the division of the patronage of dleston in the debates on the Willis and Foreign Commerce, Dr. Splawn described the public." 1 Graham Act (61 Cong. Rec. 1988 (1921)): the unique interrelationships required for In many insbnces, the public itself peti "[T]here are monopolies which ought to useful telecommunications and explained tioned competing companies to coordinate exist in the interest of economy and good the differences between the structure needed their activities to avoid duplication.2 service in the public welfare, monopolies in the telecommunications industry and Under these conditions, state legislatures which must be promoted instead of being that appropriate for the electric power in began to adopt statutes and policies under forbidden. The telephone business is one of dustry: 1:! which new entry into the telecommunica these. Legitimate consolidation will promote "Someone seems to have had a dream tions industry was prohibited except where economy. It will promote service. It is fool that the electric power business could be required by the public convenience and ne ish to talk about competition in the trans organized corporately and conducted very cessity, the consolidation of existing com mission of intelligence by telephone. It is much as the telephone business is. Now petitors was encouraged, and the resulting silly to believe that there can be real compe there's quite a difference in the physical op franchised monopoly firms were subjected to tition either in service or in charges.... eration of the two. The telephone, in order strict public utility regulation over rates and " ... [TJhe thing that the American Con to be mcst useful must be connected through service. By 1910, the process of transition gress ought to do is to . · . . regulate those switchboards with every other switchboard from a policy of competition to a policy of monopolies so as to get reasonable prices in the en tire country." regulation was nearly complete.a The history and good service for the people. . . ." "The power business is not like the tele of this policy favoring consolidation in the The Wlllis-Graham Act and the state poli phone business . . ." telephone industry and the substitution by cies which it complemented accomplished Congress accepted Dr. Splawn's recom the states of public utility regulation for their purpose within the next few years. mendations.1a Congress concluded that the competition was summarized by the Missouri The Interstate Commerce Commission ap structure of the telecommunications indus Public Service Commission in a case granting proved 150 telephone company consolidations try should not be changed, but that all as approval to the consolidation of two com between 1921 and 1934 under the authority pects of its operations should be pervasively peting telephone companies: of the Wlllis-Graham Act,1o and competition regulated. in the public interest. Title II of "Competition between public service cor in local exchange service was almost totally the Communications Act of 1934 reflects porations was in vogue for many years as eliminated. Each telephone operating com this conclusion. In contrast, Congress the proper method of securing the best re reached a very different conclusion with re pany-whether Bell or independen~ffered sults for the public from the corporations local exchange telephone service as a. legally spect to the electric power and gas indus engaged in serving the public. The consensus franchised monopoly within the geographical tries-a. determination that there should be of modern opinion, however, is that com boundaries of its franchise; the Long Lines extreme restructuring through divestiture petition has failed to bring the result desired, by the holding companies of operating com Department of AT & T provided the back considering the situation as a whole. Nearly bone of a network of intercity transmission panies and manufacturing subsidiaries, with all of the states in this country have adopted and switching facilities connecting all of a prohibition of service contracts between laws providing for the regulation of public operating and holding companies. These so service corporations as to rates and service these local exchange service areas; and divi called "death sentence" provisions with re by public officers. It is the purpose of such sion of revenues and settlement agreements spect to electric power and gas holding com laws to require public service corporations were worked out between the different tele panies were enacted in the Public Utility to give adequate service at reasonable rates, phone companies involved, subject to reg Holding Company Act of 1935 (15 U.S.C. ulatory supervision, to compensate each com rather than to depend upon competition to §§ 79b(29). 79h, 79m). bring such results." • pany participating in the provision of service. The whole plan of Title II of the Commu In line With this development in state law, Thus, well before the enactment of the nications Act is inconsistent with the notion the United States Congress in 1910 also added Communications Act of 1934, all of the tele that Congress intended that reliance would telephone and telegraph companies to the phone companies in the country had been be pla-ced upon competition to govern the definition of common carriers subject to rate brought into a. single partnership regulated provision of telecommunications service. The regulation by the Interstate Commerce Com in the public interest by the state regulatory Act is based upon the common carrier con mission.• Consequently, telecommunications commissions and the Interstate Commerce cept that service should be available at rea common carriers were regulated by the Inter Commission in order to provide the best tele sonable rates to as many persons as reason state Commerce Commission when, as are phone service possible at reasonable rates ably possible and that the enterprises pro sult of the Transportation Act of 1920 (41 over a single network planned, managed, and viding telecommunications services will be Stat. 456). the Commission was first charged operated on a nationwide basis. operated and managed to achieve this end. with an affirmative duty to develop and The legislative history of the Communi Moreover, the Act clearly contemplates that maintain adequate service in the public cations Act of 1934 can only be understood these common carriers will work together interest.a in the context of this development of a rather than competitively in the provision of Notwithstanding the fact that virtually single nationwide telephone network and such services. The Act's reference t o "a rapid, every state was attempting to develop a the concurrent development of regulation efficient, Nation-wide, and worldwide wire unified system of telephone service, the proc as a substitute for competition by Congress and radio communications service" (47 U.S.C. ess of consolidation was opposed during the and the states-matters completely ignored § 151), in particular, makes it plain that Con first two decades of this century by the in Mr. Baker's letter. The legislative history gress envisioned a system optimized in ac Department of Justice which threatened of the Act itself began in 1932 with a reso cordance with modern engineering network to halt the consolidation movement under lution of the House of Representatives ing concepts in which each company par also ignored by Mr. Baker-which directed the antitrust laws.7 As a result of this oppo ticipating in the provision of service would sition of the Department of Justice, the an investigation of the corporate structure become an integral part of a coordinated Bell System entered into an agreement and organization of the telecommunications nationwide network. Thus, as the Supreme known as the "Kingsbury Commitment." s industry, the electric power industry and Court noted in FCC v. RCA Communications, the gas industry (H.R. Res. No. 59, 72nd Inc.: H Under this commitment, the Bell System Cong., 1st Sess. 1932)). agreed, inter alia, not tG acquire any com "The very fact that Congress bas seen fit peting telephone company without prior ap This investigation was conducted under to enter into the comprehensive regulation proval by the Attorney General and the the supervision of Dr. Walter M. W. Splawn, of communications embodied in the Federal Interstate Commerce Commission. Special Counsel to the House Committee Communications Act of 1934 contradi-cts the on Interstate and Foreign Commerce, who notion that national policy unqualifiedly The "Kingsbury Commltment" was termi also supervised the investigation into the nated by Congress eight years later, however, favors competition in communications." by the passage of the Willis-Graham Act ( 42 electric power and gas industries. Dr. Mr. Baker's analyses of the legislative his Splawn's report on the telecommunications tory of the 1934 Communications Act fails to industry recognized that the technology of focus on the Senate and House reports 10 sup Footnotes at end of article. that industry was essential to and justified porting the Act and fails to focus on the 6996 EXTENSIONS OF REMARKS March 9, 1977 primary thrust of the statements made in gress that enacted the Communications Act. 813, 847 (Ind. Pub. Serv. Comm'n 1920); Re support of the Act by its sponsors Senator Thus, the Congress was concerned that even Southern California Telephone Co., P.U.R. Dill and Congressman Rayburn who ex this limited form of competition was not in 1917A, 980A, 1044-46 (Cal. R.R. Comm'n plained the terms of the Act to their respec the public interest in the regulated common 1916). tive houses of Congress. Instead, Mr. Baker carrier telecommunications industry, and ~This inclusion was part of the amend has placed heavy reliance on statements fa Congress in section 215(b) of the Act took ments to the Interstate Commerce Act made voring "competition" made in House and Sen the ftrst step toward restricting such com by the Mann-Elkins Act (36 Stat. 539). ate hearings by Messrs. MacKinnon 16 and petition by confining each company in the uSee FCC v. RCA Communications, Inc., Friday,17 witnesses for the United State In telecommunications industry to one or the 346 U.S. 86, 92 (1953); New England Divi dependent Telephone Association, an organi other mode of communication by directing sions Case, 261 U.S. 184, 189 (1923); Wiscon zation whose members had a vested financial the new Federal Communications Commis sin R.R. Comm'n v. Chicago, B. & Q. R.R. Co., interest in maintaining the corporate inde sion to investigate the extent of such com 257 u.s. 563, 585 ( 1922) . pendence of the non-Bell telephone compa petition and to report its findings back to ; One earlier action by the Department re nies in the industry. However, MacKinnon Congress. The continued distrust of Con sulted in a consent decree. United States v. and Friday were not talking about "compe gress of competition in the telecommunica American Tel. & Tel. Co., 1 Decrees and tition" by different companies to supply sim tions industry is vividly reflected in the ex Judgments in Civil Federal Antitrust Cases ilar services or equipment to the same tele planation given by Congressman Rayburn of 544 ( 1914). The decree's elaborate provisions communications users. As Mr. Friday clearly section 215(b) (78 Cong. Rec. 10313 (1934)): proved to be totally unworkable and were indicated (Hearings on H.R. 8301, p. 263): "Paragraph (b) directs the Commission to modified three times to permit consolidations " [ T] he violent competition in the rna tter investigate the methods by which and the and acquisitions. 1 Decrees and Judgments of rates and in attempting to establish two extent to which the telephone companies are in Civil Federal Antitrust Cases 569 (1914), exchanges in one city have passed away, as furnishing telegraph service and vice versa. 572 (1919). 574 (1922). between the independents and Bell ...." The telegraph companies have complained 8 The "Kingsbury Commitment," was con To the extent that Mr. Baker has relied bitterly that they are being subjected to un tained in a letter dated December 19, 1913, upon the testimony of more neutral parties, fair competition through the entry of the from Mr. N. C. Kingsbury, Vice President of such as members of the Interdepartmental telephone company into the telegraph field AT&T, to Mr. J. C. McReynolds, Attorney Task Force appointed by President Roosevelt, using its by product facilities. It is contended General of the United States. See FCC Re Mr. Baker has cited examples where such that the telegraph company is taking the port on the Investigation of the Telephone people advocated greater competition, not cream of the telegraph business without as Industry in the United States, H.R. Doc. No. within the telephone industry, but between suming common carrier telegraph obliga 340, 76th Cong., 1st Sess. 139-41 ( 1939). telephones and telegraphs.18 tions, and that its tactics have seriously han "H.R. Rep. No. 109, 67th Cong., 1st Sess. The Senate and House reports and there dicapped the telegraph companies. The Com 1 (1921). marks of Senator Dill and Congressman Ray mission is directed to find the facts in the 1" Interstate Commerce Act Ann., vol. 2 at burn leave no doubt but that Congress was matter." 1399-1403, vol. 6 at 5182-85. aware that there was no meaningful competi Thus, in enacting the Communications 11 Report on Communications Companies, tion in the telephone industry in 1934. Thus, Act, Congress not only recognized that no H.R. Rep. No. 1273, 73d Cong., 2d Sess., pt. Senator Dill squarely stated (78 Cong. Rec. meaningful competition existed between tel III, No. 1, at X ( 1934). 8824 (1934)): ephone companies, it took steps narrowly to 1 ~ Hearings on S. 1725 before the Senate "I think it is generally well known by those circumscribe what little competition existed Comm. on Interstate Commerce, 74th Cong., who know anything about the set-up of the between telephone companies and telegraph 1st Sess. 75 ( 1935) ) ; Hearings on H.R. 5423 telephone monopoly, that under the present companies. Moreover, with the passage nine Before the House Comm. on Interstate and arrangement, the parent telephone company, years later of section 222 of the Act (57 Stat. Foreign Commerce, 74th Cong., 1st Sess. 180 the American Telephone & Telegraph, not 5), Congress explicitly authorized the elimi (1935.) only owns the operating companie3 in the nation of all of the competition which re 13 See H.R. Rep. No. 1850, 73d Cong., 2d principal cities in the United States ... but mained in the domestic telegraph industry. Sess. 2, 3 ( 1934) : it owns the manufacturing company, the It is true, as Mr. Baker points out (123 "In considering the bill, the Committee Western Electric, which supplies the operat Cong. Rec. E-410 ( 1977) ) , that in 1934 Con had before it the comprehensive report ing companies with the equipment of the greEs was dissatisfied with the effectiveness made by Dr. W. M. W. Splawn . .. the bill as telephone business, and there is no compe of the regulation of telecommunications reported contains provisions designated to titive bidding on the part of those who would common carriers by the Interstate Commerce eliminate abuses, the existence of which the sell equipment to the operating companies." Commission. Thus, as the Senate Report report reveals." Similarly, Congressman Rayburn told the stated: u 346 u.s. 86, 93 (1953). House (78 Cong. Rec. 10314 (1934)): "Under existing provisions of the Inter 1.; S. Rep. No. 7-81, 73d Cong., 2d Sess. 1, 2 "It may be of interest to the house if for state Commerce Act the regulation of the (1934); H.R. Rep. No. 1850, 73d Cong., 2d just a moment I take time to explain some telephone monopoly has been practically nil. Sess. 1, 2 (1934). thing about the size and scope of communi This vast monopoly which so immediately 10 Hearings on S. 2910 Before the Senate cations in the country. serves the needs of the people in their daily Comm. on Interstate Commerce, 73d Cong., "The competition in the industry will run and social life must be effectively regu 2d Sess. 135-42 (1934). about as follows: lated." 1 ~ 17 Hearings on H.R. 8301 Before the House Telephone: American Telephone and Tele The enactment of the Communications Comm. on Interstate and Foreign Commerce, graph 95 percent of the business; 100 inde Act, however, was not in any way a retreat 73d Cong., 2d Sess. 258-66 (1934). pendent ccmpanies, 5 percent of the business. from the position previously taken by the 1~ Hearings 'an H.R. 8301 Before the House "In telephone service the American Tele Congress and the legislatures of the various phone and Telegraph is practically a monop Comm. on Interstate and Foreign Commerce, statea that pervasive common carrier regu 73d Cong., 2d Sess. 29, 30; Statement by Capt. oly." lation should be substituted for competition Moreover, the legislative history makes S.C. Hooper, United States Navy, Office of in the telecommunicaitons industry in order Naval Operations (1934). very clear that the new Communications Act best to accomplish the public interest. On was not intended to alter the consolidation the contrary, the clear purpose of Congress 1n s. Rep. No. 781, 73d Cong., 2d Sess. 3 movement in the telephone industry which in enacting the Communications Act was to (1934). Congress had sanctioned and encouraged 13 create a new Commission concerned exclu• years earlier by the enactment of the Willis sively with communications with still more Graham Act. Thus, Congressman Rayburn comprehensive regulatory power in order to JUDAH GRIBETZ: A PROFILE explicitly pointed out that the Willis-Graham ensure the more effective regulation of the Act, then codified as section 5(18) of the telecommunication industry. Interstate Commerce Act, had been preserved FOOTNOTES HON. EDWARD I. KOCH in section 221 (a) of the new Communications OF NEW YORK Act (18 Cong. Rec. 10314 (1934), and Sen 1 Perry County Tel. & Tel. Co. v. Public ator Dill told the Senate (78 Cong. Rec. 8822 Serv. Comm'n, 265 Pa. 275, 108 A. 659, 660-61 IN THE HOUSE OF REPRESENTATIVES (1934)): (Pa. 1919). Wednesday, March 9, 1977 "It (the bill proposing the Communica ~See, e.g., McKinley Telephone Co. v. Cum tions Act] reenacts, however, that provision berland Telephone Co., 162 Wis. 359,· 140 Mr. KOCH. Mr. Speaker, Judah of the Interstate Commerce Act which per N.W. 38 (Wis. 1913). Gribetz is counsel to Gov. Hugh Carey. mits the continuation of the merging of tel a As early as 1879, two stateS-Connecticut He is also my friend. He is an exception ephone companies which has been going on and Missouri-began to regulate telephone ally gifted public servant as well as an for many years." companies as public utilities.· Conn. Laws, exceptional person in his private life. Even the very limited form of competi 1879, Ch. 36; Mo. Rev. Stat. 1879, Sec. 883. By 1910 only a few states had yet to enact Rather than gild the lily, I would prefer tion which did exist in the telecommunica to append a profile of him which ap tions industry in 1934-competltion between such legislation. telephone companies and telegraph compa 1 Johnson County Home Telephone Co., 8 peared in the New York Times of Feb nies upon which much of Mr. Baker's letter Mo. P.S.C.R. 637, 643-44 ( 1919). See also Re ruary 18, 1977. There are few people in dwells-was not met with favor by the Con· Central Union Telephone Co. P.U.R. 1920B, public or private life who will ever be March 9, 1977 EXTENSIONS OF REMARKS 6997 able to point to a comparable statement, business partners; former bosses; former sub of extraneous jobs. The first is drafting the which is the compilation of the lauda ordinates; former colleagues; people with Governor's legislative program and the sec important titles, and people with no titles at ond is reviewing every bill passed by the tory opinions of those who have known all start bubbling with praise at the mention Legislature to see whether the Governor Judah throughout the years. His wife, of Judah Gribetz. should sign it. Jessica, who is also my friend, is a won Happily for the sanity of cynics, there are This involves a back-breaking load, keep derful person in her own r1ght. people around who will cuss Judah Gribetz. ing track of every bill, what's in it and what The article follows: The chief complaint is that Mr. Gribetz, long gets taken out and put in at the last mo [From the New York Times, Feb. 18, 1977] accustomed to executive positions at the City ment. Since bills have to be signed or ve Housing Department, the Federal housing toed within 30 days after the end of the GRmETZ WEARS HIS PoWER-BUT LIGHTLY department, in private business and at City session, and since the Legislature is notori (By Molly Ivins) Hall, has no understanding of how legisla ous for passing them by the hundreds in the ALBANY .-Judah Gribetz, counsel to the tive bodies work. last days of the session, that month is Ex Governor, has a deceptively bland, rotund "He doesn't understand accommodation haustion City at the counsel's office. countenance. He looks sort of like a large and compromise, and how you let both par Robert Douglass, counsel to former Gov. version of Bashful in the Snow White movie. ties walk away feeling they've won some Nelson A. Rockefeller, was asked if he had His name sounds like the noise kids make thing," one top legislative aide said. "I think become tired when he had the job. when they imitate frogs. He is not into Frye Judah was responsible for all the trouble the "I'm still tired," he sighed. "I get tired boot chic: he slogs through the snows of Governor had his second year, last year, with every time I think about it." Albany wearing white socks and rubbers. He the Legislature. He thought that when the Like Mehitabel the Cat, who once observed is one of the most powerful men in the state Governor spoke, that should be it, that we that life was just one kitten after another, government. had no right to question or to t ry to put our the Carey adminlstra tion has had nothing You cannot talk to Judah Gribetz about imprint on legislation. He didn't want to but crises. Judah Gribetz. He'll start to tell you about give an inch." "You can't really compartmentalize the himself but before the sentence is out, he'll Mr. Gribetz, who has been part of the Governor's staff," Mr. Naidel said. "In theory, have mentioned someone else and then he Carey administration since it started in 1975, we're just the lawyers, but in fact, we wound has to stop and tell you all about what a points out defensively that he has actually up sitting in on all the discussions about great person so-and-so is. Failing that, he served on a legislative body-he substituted how to save the city. We get involved in con reminds himself of some obscure episode in for Mayor Beame on the Board of Estimate. stitutional questions, policy questions, politi New York City history. "Do you know," he Since the Board of Estimate is, maybe, a cal questions, legal questions: we all work says, and then he's off on some anecdote, half-step ahead of the City Council as legis for the Governor. which usually ends with Mr. Gribetz shaking lative bodies go, this could be an indication "We don't usually get tired until the next with laughter like a dish of Jello. of Mr. Gribetz's ignorance on the subject. morning, when we've been up all night work On June 21, 1974, Mayor Beame and Judah "I'm not trying to be a wise guy to the ing on a compromise and people from the Gribetz, who was then a deputy mayor, took third fioor (Legislature)," Mr. Gribetz said, third floor start flying in, saying, 'Hey, this off from lower Manhattan in a helicopter, en and went on to say kind words about that wasn't what we agreed on, you'll have to route to the airport. The copter hit a squall estimable body. However, he has been known change all this.' Then you think, 'Omigod, and had to ditch near the Brooklyn side of to say less than kind words about it. It is here we go again.' But the pressure is so con the river. Word went out that the Mayor's a function of one of his most often remarked stant that you just get used to it. And Judah copter was in the drink, rescue boats speed upon traits-loyalty-that Mr. Gribetz never leaves before we do.'' ing to the scene. would resent anyone who tried to mess with But Judah Gribetz, who is 47 years old, is A SAD PREDECESSOR the work of Hugh Carey. simply a hard worker, not a workaholic. He Panic at City Hall. Are they all right? Has But when he is negotiating between two adores his family, devotes untold hours to anyone called their wives? parties and owes loyalty to both, Mr. Gri Jewish community work, is the Compleat The Mayor and Mr. Gribetz eventually ar betz can be invaluable. According to Richard Bibliophile, a naval buff, a baseball fan who rived at a. wharf, where reporters were wait Shinn, who doubles as chairman of the once played college basketball and a rotten ing. The Mayor, knowing his deputy well, Mayor's Management Advisory Board, Mr. pool player. said to him as they approached the cameras, Gribetz was a key figure in keeping Mr. PRAISE BY SOME NEPHEWS ''Now remember, Judah, no jokes." Carey and Mr. Beame together during the He is extremely proud of his brothers, One of the first counsels to a New York darkest days of the city's fiscal crisis. Donald and Irwin, both well-known New Governor was Ernest W. Huffcut. He worked A FELLOW TO IMITATE York pediatricians, Dr. Donald Gribetz said: for Charles Evans Hughes, who must have "He played a conciliatory and helpful role, "The history of New York City is a passion been a difficult man: Governor Hughes went with him. Three of the grandchildren are in through five counsels in three years. On offstage, in trying to bring things together," Mr. Shinn said. "He is a down-to-earth, history now: I have two and he has one. They May 3, 1907, Mr. Huffcut boarded the Hudson have very erudite and scholarly discussions. River night boat to New York City for the pragmatic sort of fellow and very quick and able. He was important in bringing those I've heard the kids come away saying, 'Hey, dreary purpose of informing Mr. Hughes that you know, Uncle Judah really knows an the Legislature had failed to pass a bill the guys together, keeping them each informed and aware of how the other one felt." awful lot about this.' And for them to admit Governor wanted badly. Mr. Huffcut couldn't that any of us know anything is really some face it, and put a bullet through his head Go-vernor Carey has been known to do imi tations of his distinguished counsel. thing." in his cabin. The three brothers and sisters-in-law are It is generally felt in the counsel's office, Mr. Gribetz has, you see, a habit of "doing a Thomashefsky." The late Boris Thomashef all close. The brothers speak by phone almost 70 years later, that Mr. Huffcut took the job daily. Judah Gribetz spoke with his father too seriously. sky, one of the founders of the Yiddish Theater, was a noted thespian with a pro every day of the old man's life. Abraham Nevertheless, the seven assistant counsels Gribetz was president of the Hebrew Free sometimes seem prepared to kill themselves pensity for waxing loud, forceful and dra matic. Mr. Gribetz, his arm fully extended Loan Association, a nonprofit organization with work. They stay up until 3, 4 and 5 A.M., that provides loans for small businessmen. night after night. They live on take-out and his index finger jabbing to make points, waxes very loud indeed. The day before he died, he was making loans pizzas, For month-long stretches, they do not from his bed. know the luxuries of eight-hour days or five "We used to be able to hear him all over City Hall," said Sidney J. Frigand, the After Abraham Gribetz's death, Judah, who day weeks. They could be making consid was on the board of the loan association, erably more money on the "outside." But Mayor's press secretary. "He's never roared at me, but I've heard kept the organization going until a new pres they all swear they love it. In fact, they ident could be found. according to officers think it's fun. him make himself known," Mayor Beame said. "But everybody who knows him knows of the organization. He is also active in the Because they get to work for Judah Grl Brooklyn Jewish Center and the United Syna betz. that's just an outward facade; down deep he's very easy-going and pleasant." gogues of America, an organization that me When you talk to people about Judah Grl The Governor, who has more than once diates internal disputes in the faith. betz, it sounds like a testimonial dinner. been on the receiving end of that extended Judah Gribetz is also a fanatically loyal "The most dedicated public servant I have finger, is reported to do an excellent impres alumnus of Columbia, where he went to ever known. Loyalty. Integrity. Ability. sion of Mr. Gribetz's imitation of Thomas both college and law school. He even used to Knowledge. Common sense. Brilliant mind. hefsky. take his son, Sydney, to Columbia football Excellent lawyer. Honest. Sensitive. Gener games. Since the Lions won the Rose Bowl in ous." Michael Naidel, first assistant counsel, 1934 and have been going downhill since, it said: It sounds like one long Hallmark card. can only be called fanaticism. Mayor Beame; former Mayor Robert F. Wag "I can •t think of a single occasion when Mr. Gribetz is a very private man, and of ner; his son Councilman Robert F. Wagner, his yelling has not been both appropriate his wife, Jessica, who seems to be adored by Jr.; Robert Weaver, former United States and effective. Never. Except when he yells everyone who knows her, he will say only Secretary of Housing; Richard Shinn, presi at me, of course." that he ran across her when he was a kid at dent of Metropolitan Life; Representative Being the Governor's lawyer involves two camp and that she is "a very fine human Edward I . Koch; former law partners; former specific chores and a whole dog's breakfast being." 6998 EXTENSIONS OF REMARKS March 9, 1977 OUT OF THIS WORLD sembly plant late last year. Landing tests are came the first American to orbit the Earth. scheduled for 1977 and t he first orbit al flight The M2F1, a fragile craft constructed of ply will be conducted in 1979. In 1980, the Space wood and tubular steel, was towed t o a HON. OLIN E. TEAGUE Shuttle will begin operational m issions from height of 10,000 feet and glided to safe land the Kennedy Space Center in Florida. ing near Edwards, CA. Test pilot Milton OF TEXAS The Shutt le will solve a n agging and often Thompson, who once jockeyed the needle IN THE HOUSE OF REPRESENTATIVES embarrassing problem for the National Aero nosed X-15 rocket plan e to an altitude of Wednesday, March 9, 1977 nautics a n d Space Administration-the as 211,000 feet an d a speed of 3,700 mph, called tronomical cost of doing business in space. the flight the most unique of h is career. Mr. TEAGUE. Mr. Speaker, the Space In fact , NASA has designed its programs for "It was an odd feeling to gaze from the Shuttle program is destined to make the next two decades around t his versatile canopy and not see any \Vi.ngs," he said. space a. place of commerce and bring space commuter. As a roving worl{ platform By 1968, advanced lifting body designs h ad continuing down-to-Earth benefits to th e in space, it will be used to launch, repair been piloted t o heights approaching 100,000 and replace expensive satellite systems, and feet and speeds beyond sound. Unmanned people of the United States and the whole to serve as a manned space laboratory for versions were lofted into space by rocket s, world. In a feature article of the Ameri periods of up to 30 days d u ration. Lat er it is rammed back throu gh the atmosphere at can Legion Magazine of February 1977 ticketed to serve as a sort of space taxi for ext reme velocities and guided by radio con entitled "Out of the World" the Space ferrying men and supplies to and from orbit trol to safe landings in the ocean. A year Shuttle benefits are clearly and interest in g space stations, and as an emergency before Apollo II began its historic journey ingly portrayed. Because of the signifi ambulance service in space t o rescue injured to the su r face of the Moon, designers were cance of this article, I am including it in and stranded ast ronauts. convinced that the stubby, wedge-shaped An Interim Upper Stage (IUS) being de lifting body was indeed the shape of tomor the RECORD for the benefit of my col veloped by the Department of Defense will row. leagues and the general public: be used for missions requiring orbits higher The Shut tle's Orbit er is the main package. OUT OF THIS WORLD than 500 miles-the Shuttle's operational It is a delta-winged spaceplane about the Wintertime is vacation time in Florida and limit--an d to inject paylo:ids into escape size of a DC-9 jetliner containing a crew this year you can plan one of those out-of trajectories to the moon and the planets. compart ment, controls, life support systemc;, this-world trips ... lit erally . . . for your Ironically, the development of the Space e. 60-by 15-foot cargo bay, three main rocket destinationis straight up-a huge resort Shuttle parallels the development of the engines for liftoff and two smaller engines hotel orbiting hundreds of miles above the large rocket boosters that opened the era of for maneuvering in space and to prod it out Earth. space exploration. The story begins in t he of orbit for return to Earth. With visions of zero-gravit y games and late 1950's, when spacecraft designers Directly bene~:>.th the Orbiter is a huge ex shuttle flights to the Moon dancing through wrestled with the problem of how to bring ternal fuel tank that feeds propellants to the your head, you're off to the airport. The mo back returning spacemen without burning Orbiter's main en gines during liftoff. By po ment you arrive your journey takes on the them to cinders. sitioning the main fuel supplies externally, air of a Jules Verne fantasy. Poised restlessly When a spacecraft slices into Earth's air designers were able to cut down on the Or at the end of a concrete ribbon is your wait ocean, it is traveling at speeds up to 25,000 biter's size and weight and allow more cargo ing spaceplane-a gleaming, stubby-winged mph. Resulting air friction creates tempera spaco for mission operations. leviathan of the heavens. tures of around 5,000 degrees. The space Unlike the futuristic version described at You board the sprawling space giant and craft's angle of reentry must be precise. Even the beginning of the story, present techni take a seat among the other passengers, rang a small error can throw it thousands of cal restraints req uire that the Space Shuttle ing from fellow tourists to working scien miles off course with disastrous consequences. be launched vertically like a convention al tists. As you fumble with the safety harness, As the late astronaut Gus Grissom once rocket. At liftoff, the Orbiter's three main en the pilot's voice fills the cabin. "Takeoff in said: "We literally explode a man into space, gines an d the two solid booster rockets are one minute!" A moment later, rocket engines then bring him back like a meteor." ignited. At an altitude of about 25 miles, the deep within the bowels of the metal bird Apollo astronauts referred to their reen t wo solids shut down, pop off automatically begin to pulsate with a quicken ing rhythm. try procedure as "sliding down the stove and parachute into the ocean of Cape Canav You stiffen. The great adventure is about to pipe." Their bell-shaped craft, only slightly eral. The boosters, located by built-in homing begin. more maneuverable than a descending rifle devices, are recovered and returned to the Takeoff comes with an unnerving sudden bullet, had to be guided with unerring ac Cape for refurbishing and reuse. ness. You explode down the runway at a curacy through an invisible "window" in Shortly after Orbiter is inserted into orbit, dizzying speed. In seconds you are airborne, the atmosphere 300 miles wide and 40 miles the external belly tank runs dry and the climbing steeply ... endlessly. The soft con deep. Not an easy feat considering they had Orbiter's main engines shut down. They will tour seat becomes a man-eater as acceleration to take aim from thousands o! miles out in not be used again during the mission. The forces hammer your body downward. Your space. belly tank is jettisoned and pointed back weight increases two ... three times. You If they barreled in too steeply, they would towards Earth by a small deorbit motor. It is want to look out of the window, but it is be crushed and incinerated by the thicken the only piece of the Shuttle package which an effort merely to turn your head. Yet, there ing air mass. If they came in too shallow, is expendable. is no discomfort. The pressure of accelera they would bounce off the Earth's blanket of When the Orbiter completes its mission, it tion, the overwhelming thunder of the rock air and become aimless wanderers in space. returns to Earth, zips through the atmos ets combine to produce a pleasant euphoria. Their final descent to an ocean landing was phere like any other aircraft and glides to a controlled by what veteran spaceman Tom Soon you are hurtling over Africa, the landing on an ordinary runway. Stafford once described as ~he most gratify The actual landing-to a commercial air Eurasian land mass, into night, and emerg ing sight in the world to a returning astro ing into a crimson new dawn. Abruptly, the lines passenger-would be somewhat of a naut, "those big, beautiful, landing chutes." ''grabber." It will be a computer cont rolied muted roar of the spacellner's engines drops Even as the Apollo program was taking to an audible rumble ... then a hiss ... then and accomplished "dead stick"-without initial form, designers knew there had t o be power. silence. A new sensation. Your bcdy rises a better way to move in and out of space. gently against restraining harness. The cen The glide slope will be a steep 24 degrees, Huge rockets, such as the 363-foot-tall compared to the two and a half to three de trifugal force that comes from being whirled Apollo/ Saturn V, then on the drawing boards, about your world at nearly 18,000 mph ... grees for a commercial airliner on a land would be intricate and costly to build and ing approach. like a ball on the end of a cord . .. has can launch. Moreover, they would be totally ex celled gravity. You are in space. NASA says the Space Shuttle will open an pendable . . . each complete vehicle a one era. of economical space activity. The cost of As you toy with the delights of weightless shot investment. Only the Command Module, launching a conventional rocket carrying an ness, your spaceliner begins to move up and or crew compartment, of the huge moon unmanned payload runs from about $10 mil down, back and forth, in gentle swaying mo rocket would return safely to Earth. lion to $15 million, depending upon the tions. Researchers hit pay dirt in late 1961. An launch vehicle used. The manned moon mis Tho end of the fantastic voyage comes with unusual wingless shape emerged from wind sions, using the massive Saturn V, cost $400 the softest of thuds. You have arrived-300 tunnels at NASA's Langley Research Center million. In contrast, the average Space Shut miles above the Earth. In the process, you in Virginia. It wasn't much to look at, re tle launch will average $10.5 million, and it circled the globe-aJld in less time than it sembling a halved apple--rounded on the can loft as many as three satellites at a takes to fly the Atlantic. bottom and fiat on top. But tests proved it time. A 21st century happening? Surprisingly, to be airworthy, and with the addition of Currently, the overall cost of delivering a outings in orbit may be practical a lot sooner small fins and rudders it could be maneu pound of payload into Earth orbit runs from than you think. The reason? Emergence of vered with relative ease. Elated designers $600 to $1 ,700. The Shuttle is expected tore the reusable Space Shuttle, a st:utling in dubbed their newest creation the "lifting duce the pound-in-orbit cost to apprmri novation of the Space Age that makes com body." mately $160. mercial exploitation of the heavens a pos The first lifting body was fiight tested in Additional savings will be achieved b v t he sible reality. 1962, the same year that astronaut John Shuttle's ability to retrieve and rer '· ~ The first Space Shuttle rolled from its as- Glenn (now a U.S. Senator from Ohio) be- satellites that otherwise might h&. \. c •v ··t! March 9, 1977 EXTENSIONS OF REMARKS 6999 replaced entirely. For example, two days after The amendment is aimed at those busi KENTUCKY'S COAL INDUSTRY launch in April 1966, the battery aboard the nesses and farms which form the back THREATENED BY SURFACE MIN $50 million Orbiting Astronomical Observa bone of this Nation's economy, yet who ING CONTROL AND RECLAMA tory-! failed, dooming the mission to failure. TION ACT Had the Space Shuttle been available, the are yearly burdened with unreasonable defective satellite could have been rescued penalties and fines leveled at them by and repaired at a cost of a Shuttle launch OSHA inspectors. As I pointed out in pre $10.5 million-roughly one-fifth of the satel vious statements to this body, OSHA it HON. CARROLL HUBBARD, JR. lite's replacement costs. self admits to a great problem with small OF KENTUCKY The Shuttle also will make it possible to business. These small businesses lack the IN THE HOUSE OF REPRESENTATIVES cut down on the cost of launching manned time or facilities to deal with a large and unm3.nned spaceships into deep space or body of regulations and furthermore, in Wednesday, March 9, 1977 to the planets. It will eliminate the costly rocket boosters necessary to overcome Earth's spectors sent out to examine for breaches Mr. HUBBARD. Mr. Speaker, H.R. 2, gravity. The Shuttle could take up a space of these regulations are often inconsist the Surface Mining Control and Recla ship system piece by piece and then haul up ent from visit to visit, leaving the em mation Act now being considered by the the engineering crew to put it together. It ployer with a real dilemma. Should he House Committee on Interior and In could transport the flight crew, if the mission obey one inspector and not the other? sular Affairs, provides many safeguards is manned, and keep them on station until If one inspector found conditions satis to prevent the scarring of our Nation's launch from Earth orbit. The same process factory, why did not the second inspec landscape by irresponsible surface min could be used to construct and service large tor? Should the employer challenge the space bases housing scientists, engineers and ing practices. Unfortunately, H.R. 2, as technicians for a variety of scientific and more punitive of the rulings? And if he it has been drafted, would outlaw anum industrial research projects and to survey does, what about the many cases of stif ber of responsible practices which are and monitor the Earth's environment and fer fines being imposed when the first fine essential to safeguard the continued ex_ resources. is objected to? istence of the coal industry in the Na An international flavor already has been Leaving aside the question of on-site tion's largest coal producing State, my assured for Space Shuttle missions. Occupy inspection, which I think we would all State of Kentucky. ing the huge cargo bay of the Orbiter on agree is fraught with complications, there I urge my House colleagues to consider many flights will be Spacelab, a pressurized is the consideration of the numerous manned laboratory and an instrumented the points raised in the following state platform with instruments for experiments forms which must be filled out to com ment by Mr. Tom Duncan, president of which must be exposed to the space environ ply with regulations. I receive even more the Kentucky Coal Association. His state ment. The laboratory, being designed and complaints about the forms than about ment outlines the steps which should built at a cost of $500 million by the 10 na onsite inspections. It takes innumerable be taken to make H.R. 2 a better bill tions of the European Space Agency, will hours to properly prepare these forms, recognizing our energy needs as well as offer working space for four persons for up and, in any business, time is quite lit to 30 days, although nominal Spacelab mis our environmental needs. erally money. This does not even men The statement is as follows: f'ions probably \vill average one week. Space tion the frustration of "just one more lab personnel are in addition to the Orbiter's governmental intrusion into private life." STATEMENT OF TOM DUNCAN, PRESIDENT OF normal three-man flight crew. KENTUCKY COAL ASSOCIATION Every business suffers from these con The prime launch and landing site for The Kentucky Coal Association member Space Shuttle operations will be NASA's ditions as imposed by OSHA. But the ship includes both surface and underground Kennedy Space Center in Florida. The space burden on the small businessman-in coal operators in both the Eastern and West center was selected because of its existing addition to similar demands made by ern Kentucky coalfields. launch facilities which were readily adapt the Environmental Protection Agency, You have been an::l will be presented with able to Shuttle operations. the Equal Employment Opportunity strongly confiicting views on the b111 and on A shuttle landing runway is 15,000 feet Commission, the Federal Trade Commis the need for federal legislation to regulate long, 300 feet wide and has a 1,000-foot over sion, and a dozen or so other bureauc surface mining. We will limit ourselves to run at e.:tch end. Concrete thickness is 16 those aspects of the bill that strike specially inches at the center, sloping to 15 inches on racies-is rapidly becoming too much to cope with. Until these agencies can be harshly at the Kentucky coal industry and the sides. on which we have a firm base of knowledge In the Free World, the Orbiter runway is revised to lessen their destructive effect, and experience, plus some parts of the bill matched in length and width only by a strip the least we can do is remove those bur that cause us deep concern because of vague at the NASA Hugh L. Dryden Flight Research dens which serve the least purpose and ness, procedural questions, and the like. Center/Edwards Air Force Base in Califor would do no damage by their disappear But, first, we would point out a major nia's Mojave Desert. ance from the scene. The runway is roughly twice as long and underlying flaw in the concept of H.R. 2: twice as wide as the run-of-the-mill com Removing small businesses from It attempts to dictate mining practices rath mercial landing facility, although a number OSHA's jurisdiction is a step in the right er than to set real environmental goals. If of domestic and foreign airports have land direction. Given the state of our econ this philosophy bad been followed rigidly ing strips far exceeding average dimensions. omy today, we cannot afford to perpe by the regulatory agency in Kentucky, the The reshaping of the nation's Spaceport trate any unnecessary restriction, com industry would not have been allowed to for its role in the Space Shuttle program plication, or difficulty upon the small develop the mountain-top removal method should be completed in mid-1978 and de of mining which permits almost complete businessman, who is having trouble sur recovery of the coal and bas resulted in livery of the first Shuttle Orbiter to Kennedy viving. Space Center is scheduled for the late sum some of the best reclamation, leaving the mer of 1978. Orbital flights wm commence Mr. Speaker, I would like to thank my mined and reclaimed area in a much more the following year. colleagues who have joined with me in useful condition tha.n it was before mining sponsoring this legislation. I think the began. It should be a fully autho.Tized meth large numbers of cosponsors secured in od, encouraged rather than permitted only a short time indicates that this bill has under highly prejudicial variance provisions. much merit. I encourage and welcome In this connection, we would urge the RELIEF FOR SMALL BUSINESS Cmnmittee to seek the opinion of landown the support of the rest of our colleagues ers, particularly those in the steeper slopes in moving this amendment to OSHA to of Eastern Kentucky, where level or gently HON. DAN QUAYLE swift passage. rolling land is at a premium-and is almost OF INDIANA Following is a list of the cosponsors of non-existent above the flood-plain. It may IN THE HOUSE OF REPRESENTATIVES the OSHA Small Business Relief Act: be difficult for some to believe, but level land Wednesday, March 9, 1977 COSPONSORS in a mountain business center such as Pike Mr. Mathis, Mr. Winn, Ms. Meyner, Mr. ville can rival land in Washington, D.C., in Mr. QUAYLE. Mr. Speaker, I am Dan Daniel, Mr. Ertel, Mr. Runnels, Mr. Lott, value. But the fact is that it is at such a pleased to reintroduce with 30 cosponsors Mr. Bowen, Mrs. Holt, Mr. Robinson, Mr. Ce premium that the federal government is the OSHA small business relief amend derberg, Mr. Myers of Indiana, Mr. Skelton, spending millions of dollars to support a proj ment. Mr. Kindness, Mr. Duncan of Tennessee, Mr. ect t:> cut through .a mountain and reroute a river and railroad in Pikeville. This amendment would exempt from Moorhead of California, Mr. Hightower, Mr. Collins, Mr. Walker, Mr. Frey, Mr. Cochran, We might add that the "higbwalls" from the jurisdiction of the Occupational Safe Mr. Emery, Mr. Burgener, Mr. Whitley, Mr. this project are truly awesome, as are ones ty and Health Act all businesses which Edwards of Oklahoma, Mr. Whitehurst, Mr. along many miles of federal highways in the employ 25 or fewer persons. The exemp Ginn, Mr. Hagedorn, Mr. Archer, and Mr. mountains. But they are essential to im tion would also cover farming operations. MacDonald. provements for the people in the area and 7000 EXTENSIONS OF REMARKS March 9, 1977 of hydrologists, geologists, soil scientists, etc., are not considered eyesores by those enjoy ground production if the provisions of H.R. 2 are applied as rigidly as other sections of will make it impossible to set timetables on ing these improvements. the completion of applications. The require Benches left from contour mining on steep the bill would indicate. To cite only two points, the prohibition ments for hydrological data. alone will be slopes also provide level, stable land above beyond the capability of many operators the ftood plain, land that is much more use against placing material on the outslope and the requirement to restore steep slopes to and far beyond the need of the regulatory ful than the original mountainside. agency. The Commonwealth recognizes that And both these benches and the areas re approximate original contour would place impossible deterrents on developing many it, too, will find it difficult, at best, to obtain claimed by the mountaintop removal and the professional and technical personnel re hollow fill method provide a key element that potential underground mines. usually would not be economically feasible They must have level working areas near quired. without the recovery of coal-access. The the mine mouth for equipment and facilities. Inordinate delays are the only predictable haul roads built to transport the coal repre Often the only way to obtain this space is outcome. As we read the bill (and we admit sent a. major expense, but they offer good to cut into the mountainside-and extend there seem to be as many interpretations to access to the reclaimed areas after mining the bench with fill materail on the outslope. various parts as there are readers-and per is completed. Obviously the operator must stabilize the fill haps even those who haven't read it). there Certainly, not all these areas have been put material for it to be useful. Once it is sta is no time limit set for action on an applica to their highest use. It may be years before bilized it would be foolhardy to require that, tion for a permit unless there is a protest. some are developed to their full potential. when operations cease, the material be dis That, plus the various studies required and But the fact remains that many are being turbed again and placed so as to recreate a the land-use designation process mentioned put to higher uses, and the potential of al steep slope subject to severe erosion. above, would leave the applicant in limbo. most all of them is much greater than is that All this may bring the response that min While some operators already in the indus of steep, inacce3sible slopes. Again, we urge try, perhaps even a few smaller ones, may ing simply should be done somewhere else. be able to cope with the process (or at least that you make an extensive study of the But the fact is that coal must be mined views of landowners, who in Kentucky often will be forced to try by sheer necessity for where it is or not mined at all. If the aim economic survival), the only real incentive do not own the coal beneath the surface. Ask is to hold environmental damage to a min them how they would prefer their land be for anyone to enter the industry would be imum and have the land left in a useful greatly inflated coal prices. That unfortu reclaimed. Their views should carry as much condition, we have no quarrel. But if that is weight as those of the owners of land over nate development could easily occur under the aim, we refer you again to our arguments H.R. 2. lying federal coal. on mountaintop removal and benches. And We have seen all too recently what short Perhaps even more pertinent to the avowed if the aim is simply to place added burdens ages can do to prices. And, while the Ken purpose of H.R. 2 is that both the mountain and restrictions on coal operators, especially tucky Coal Association believes the best in top removal method of mining and only re those in the steep slopes of Eastern Ken ducing, rat her than eliminating, highwalls terest of the industry and the nation would tucky, we must say that the opportunity of be served by a. stable market producing a on steep slopes are sound environmentally. mining "somewhere else" offers precious lit In both cases, of course, the key factor is the reasonable profit over the long term, it is tle comfort for those whose livelihoods are not diffi.cult to understand the thinking of proper placement, stabilization and revegeta involved. In that connection, we would cite tion of the disturbed material, which actu an operator, fearing he will be legislated or the fact that the requirement for return to regulated out of business, whoe main inter ally should be determined on a site specific approximate original contour applies only to basis. But that is exactly what the bill would est is a quick return. But even those opera prohibit with its requirement that steep so-called steep slopes-the very terrain where tors with the resources to deal with the slopes be restored to their approximate orig the practice is most harmful environmentally requirements of the bill and continue op inal contour. This can only lead to increased and least defensible on the basis of post erating over the long term must in simple erosion, siltation and mineralization of mining land use. prudence build into their cost calculations streams. The justification can only be on the On the procedural questions, the concept ample provision for the delays and uncer grounds of esthetics, and even that justifica of land-use planning embodied in H.R. 2 is tainties found throughout the bill. tion is questionable at best in light of the perhaps potentially the most dangerous ele If it is countered that regulations to be facts pointed out by the Division of Reclama ment. Without debating the merits of land issued in connection with the bill will cor tion of the Kentucky Department for Natural use planning in general, we would point out rect these problems, we would answer that Resources and Environmental Protection. that this particular effort would be directed harsh experience has taught us that the di Incidentally, the Kentucky Coal Associa specifically at determining only which areas rect opposite is much more likely. But even tion agrees with the basic position taken by would be "unsuitable" for coal mining-for if the intent is to clear up such matters the Commonwealth on mountaintop removal a variety of vaguely stated reasons. through regulations, would it not be much and return to approximate original contour. No other development would be so re better, surely safer, to state procedural We differ on some specifics and feel the Com stricted, only coal mining, which obviously guidelines clearly and specifically in the bill monwealth has not followed the facts to their must be done where the coal is. Even more itself? A baffing contradiction is that the logical conclusion, but its statements on to the point is the fact that the entire per bill is rigid in matters dealing with mining various elements of the bill merit your care mitting process contemplated by H.R. 2 is and reclamation, where developing technol ful study. We have had bad mining practices aimed at forcing the applicant to demon ogy and vastly differing conditions from site and reclamation in Kentucky in the past, strate in almost unbelievable detail that he to site dictate ftexibility, and yet it is often but we have learned from experience, re can and indeed will reclaim the land. But vague or contradictory in dealing with pro search and innovation. under H.R. 2, even if he could demonstrate cedural matters, where the standards should It would be irresponsibly shortsighted to this, he could be denied that opportunity on be clear and precise. It is this type of thing fail to use this knowledge on a subject so grounds that the area involved has already which makes H.R. 2 a blll to prohibit min critical to the nation's energy situation and been declared "unsuitable" for mining on the ing, at least in many areas, rather than to absolutely vital to Kentucky's economy. basis of standards that may have no logical regulate mining. We have intentionally refrained from in connection with the developing technology Although we have dwelt mainly on the voking the spectre of bankrupt coal oper of mining and reclamation. situation in Eastern Kentucky, because the ators, unemployed miners and general eco Indeed, a Kentucky operator could not bill's approach to steep slopes makes its po nomic depression in an area whose sole major obtain a permit until the area has been des tential impact much more traumatic there, industry is coal. But even if one accepts the ignated as not "unsuitable"-the very thing especially in view of the number of small studies cited by advocates of H.R. 2 (and we the permitting process is supposed to accom and medium sized operations, the procedures would welcome the opportunity to debate the plish. and studies required will be just as burden reasons we definitely do not), it is apparent The time implications of this designating some in Western Kentucky. And in Western that Kentucky will bear A. major share of the process, various other procedures required Kentucky, where the coal's sulfur content burden of closedowns and severe disruptions and the threat of endless hearings, reviews is high, production has been decreasing of the industry because of our combination and litigation probably are extremely signifi steadily even without H.R. 2. The response, of huge reserves on steep slopes and a tre cant in causing widely divergent predictions again, may be that the coal should be mined mendous number of small and medium sized of the impact of the bill. It is one thing to "somewhere else." But the fact is that we operators. calculate the cost of moving a cubic yard have in place the structure, the manpower, Our numerous smaller underground oper of material a given distance, although vari· skills and machinery, to produce a. vast ators also will be especially hard hit by the ables even in that can be amzingly complex. amount of energy critical to the nation's bill's provision for covering all surface ac But it is an entirely different matter to esti mate even roughly the potential cost of being economy-with no way to move that capabil tivities connected with underground mining. ity "somewhere else" at a whim. While it will be physically impossible in any unable to predict with any certainty whether a permit can be obtained in six Kentucky produces more than one-fifth of event for increased underground production the nation's coal, although production drop to make up the overall loss in surface pro months, a year or two years-and thus when duction under H.R. 2 in the foreseeable fu the men, machines, transportation facilities ped to approximately 140,000,000 tons last ture, it will be just as impossible for Ken and the like should be in place. year from more than 144,000,000 tons in 1975. tucky even to maintain its present under- In Kentucky, the question of availability We are capable of producing much more. March 9, 1977 EXTENSIONS OF REMARKS 7001 Given the right governmental and market direct company operations operated by WILL THERE BE MORE PRODUC cHmate, we can expand production steadily majors out of about 270 major branded TION OR MORE INFLATION? and strongly for many, many years to come. retail service stations in D.C. That is less And we can do it in an environmentally responsible manner, leaving the land in a than 5 percent of the total number of major brand retail service stations that HON. MARJORIE S. HOLT more u seful condition than before mining. OF MARYLAND But many of our operators will be unable to are directly operated by major oil com cope with provisions of H.R. 2 that actually panies. This hardly represents a threat IN THE HOUSE OF REPRESENTATIVES are peripheral to that goal. Their produc to dealer operations or justifies the need Wednesday, March 9, 1977 tion, which represents a great portion of for this type of punitive legislation. Mrs. HOLT. Mr. Speaker, the Carter the entire coal industry's surge capacity, will It should be noted that legislation sim in proposals stimulate the economy may be sorely missed, particularly times of ilar to title !-retail divorcement, uni to an u n expected increase in demand, such as in fact hold it down. The additional came during the OPEC oil embargo. form pricing-of the act has been de Treasury borrowings made necessary by The temptation m ay be to say that other clared unconstitutional in Florida and the additional $19.5 billion added to the stat es will make up for Kentucky's produc Maryland courts, largely based on the already $50 billion fiscal year 1977 deficit tion loss. That, of course, is little consola fact that such legislation would have an will keep interest rates higher than oth tion to us. And we would doubt the validity adverse impact on the consumer and be anyway. Although many points in H.R. 2 erwise. In the future, taxes will have to harmful to competition. While a recent be higher to pay the interest on the seem aimed punitively at Kentucky, it ob Maryland appeals court decision dis viously will have detrimental effects else added Federal debt. where. We have n ot discussed the problem agreed with the lower district court on What are we getting for all of this and condit ions outside the Commonwealth the question of constitutionality, it seems additional debt? Unfortunately, we are because there are others much more knowl likely that the U.S. Supreme Court may not getting a productive investment that edgeable on those matters. On the other be asked to rule on this controversy. In will pay off in more lasting jobs and high hand, we feel secure in saying that we in addition, the uniform pricing provisions Kentucky know much more about our prob er real standards of living for all Ameri of title I appear to be in conflict with cans. We are getting, instead, spending lems and conditions than do others who section 2(b) of the Robinson-Patman Act would take a brief look, or none at all, then incentives and not production incentives. prescribe a cure-all. They and those who and should be reviewed by Congress. Fur We have simply taken another step which would impose burdens on Kentucky's coal thermore, the District General Counsel, channels labor and capital from produc industry in an effort to gain a competitive the District Corporation Counsel, and tive uses in the private sector to the un advantage would do this nation, as well a.s others within the District's executive productive Government sector. us, a great disservice. branch have at various times expressed Mr. Alan Reynolds, vice president for reservations concerning the legislation. Business and Economic Research at the Regarding title II of the act, which First National Bank of Chicago has dis would attempt to regulate the respective cussed the economic outlook in view of THE DISTRICT OF COLUMBIA RE rights of gasoline retailers and their sup TAIL SERVICE STATION ACT OF 1967 the Carter stimulus package. I am insert pliers, Congress and the District should ing his article in the RECORD at this time: consider that Federal law may soon pre THE ECONOMIC OUTLOOK HON. BILL ARCHER empt the provision of this title. After (By Alan Reynolds) many years of consideration, the House \ OF TEXAS As the new year began, the economic news IN THE HOUSE OF REPRESENTATIVES Commerce Committee will soon report in this country was about as favorable as H .R. 130, the Petroleum Marketing Prac could reasonably be expected. Retail sales in Wednesday, March 9, 1977 tices Act. The District Act would un December were nothing short of terrific, Mr. ARCHER. Mr. Speaker, I am this necessarily conflict with much of the housing starts and durable goods orders day introducing a resolution to disap Federal law, and it would appear inad looked fairly strong, personal income and in prove the Retail Service Station Act of visable for the Congress to approve the dustrial production showed excellent gains, District Act until it has had a chance to and the index of leading economic indicators 1976
- 7006 EXTENSIONS OF REMARKS March 9, 1977 prepare their annual returns and collecting me go. But first he told me that if I ever at while. I was busy with my new job. The gov when they had failed to pay the government. tempted to use the report against the gov ernment thing was too much pressure and A month after Susce submitted the report, ernment, the intelligence department would I was fearful for my family, who by this time ' Granger called him into his omce. And the be after me." Susce believes that Cory took I had moved to Ohio because I had been boss was in a fury. the report to Philadelphia and ditched it. threatened various times. But I commuted Susce recalls the meeting: " 'Susce,' Gran In August 1944, Susce took a two-week va to my job.'' ger said, 'never in the time that I've been cation. When he returned on August 29, he Then, scandals in the Internal Revenue in this ofiice has an investigation been was told to report to Granger's office for a Service were uncovered after Eisenhower was brought to the Federal government like the review. "I went in and there were several in elected President. "About this time, Sen. John one you have brought. It cannot go to Wash dividuals with Granger and they made up J. Williams of Delaware, who was investi ington, D.C., under the present circum the review board, the kangaroo court. First gating the IRS, was in contact with Harry stances, the way it is written.'" Granger asked for my pocket commission, Allen Sherman and he wanted to SPe me Susce says Granger was outraged by the my identification, which I shouldn't have about the LaRocca investigation. At first I contents of the report, but also the jumbled turned in, but did. And then Granger said hesitated, but when the Senator said he'd ness of it must have upset him and he prob be bad a resignation for me to sign. I was subpoena me for information, I decided to ably saw the latter as an excuse for ditch shocked. I wanted to know why, but there go to Washington and talk to him. I gave ing the report. was no explanation. It was the biggest sur him all the information, including a copy At the conclusion of their meeting, Gran prise of my life. I knew then that I'd lost of the report. He couldn't believe his eyes ger reportedly told Susce that he was going my job. But I refused to sign. I left and went and he went to the fioor of the Senate with to Washington for a meeting, and upon his home. That evening I received a special de the information .. .'' return he'd further discuss the status of the livery letter from Granger." The letter: On June 23, 1953, the Congressional Record report. AUGUST 29, 1944. includes a lengthy passage in which Senator At a second meeting Granger was more Mr. ANDREW JOSEPH SUSCE, Williams related the Susce story. He told his congenial. In fact, Susce says, Granger told Pittsburgh, Pa. colleagues that Susce filed a report which him he would be appointed a bodyguard for DEAR Sm: Confirming my conversation "(allegedly) not only contained evidence of President Franklln D. Roosevelt for the in with you this date, I submitted to you a res tax delinquencies on the part of John La vestigation he completed, but first he'd have ignation based upon the request of the Com Rocca et al, but also contained serious to re-write the report. missioner of Internal Revenue and your re charges of payoffs by racketeers to many pub "He wanted a whitewash," Susce says. "He jection of the same, I am now notifying you lic officials." Then, and this seemed to con wanted all the names removed. In March, I again of your discharge from this service, ef fuse the Senator the most, he said the report was called to his office again, but this time fective at the close of business on October 11, mysteriously disappeared from the Treasury he wanted to see me after closing hours. He 1944, your last day of service being today files, the agent was fired, and no record of didn't want anyone in the omce. I didn't want (August 29, 1944). any prosecution of those mentioned in the to be a bodyguard; I was happy with my job, Yours very truly, report had been found. and I wasn't going to re-write the report. STANLEY GRANGER, "The important point in this case is not Granger was mad because I riled so many Collector. would the allegations have stood up in court, people. I went in his office and saw my report but why is the report not in the Treasury Earlier that day, Susce had mailed a letter Department files, and why was the Treasury wrapped in paper on his desk. He said, 'Susce, to IRS Commissioner Nunan, asking for an the report cannot go to Washington, D.C. It agent who warned the Washington bureau explanation. Susce wrote that it was impos that the report was headed for destruction has to be destroyed. Take it home and burn sible for him to resign, that in fact he was it.' I said, "Under the rules and regulations fired?" Senator Wllliams continued. asking an appeal on his employment rating, He proceeded to bring the case up to date, of the United States government, I had or and a letter of resignation would have nulli ders to do this report and it's no longer mine. the full 10 years. Near the end of his speech fied that action. the Senator said he wanted to know who was It belongs to the people of the United States Susce said that during his government of America. You'll have to destroy it.'" responsible for the suppression of the report career he had always received high efficiency ... "Those responsible for what happened to Granger gave Susce five minutes to think ratings in the Treasury Department. His lat it over. Susce thought, but not about burn the report overlooked the fact that for every est rating, in 1944, was low. Susce suspected crooked government employee there are thou ing the report. It represented a part of him it had been lowered as a result of his La but it also belonged to the government. If sands who are honest, even to the extent that Rocca investigation. "First they gave me a many of them wm gamble the security of he removed the report, he figured, he'd be high rating, but I could see that it was erased fired for destroying government property ... therr jobs to cooperate in the exposure of and a lower one was marked in," Susce claims. corruption in their department.'' but if he didn't take it, and this he didn't Attorney Sherman says the collector changed realize, he'd be fired for failure to follow The Senator's remarks, reported in The it. "I asked Granger one day, 'Why did you New York Times, launched an investigation orders. erase Andy's rating and lower it?' He said, "Granger returned after five minutes and that found the report two weeks later. It had "That was my prerogative to do so.' " been indiscriminately filed in the Philadel asked, 'What's your decision?' 'It's the same,' Shortly after the August 29 incident, Susce phia IRS archives. I said. And then I got up and started to leave. received a letter from Fleming, of ms intel 'Do you have a copy of this report, Susce?' I As the IRS shake-up continued in the late ligence, stating that the charge he made 1950's, a Pittsburgh grand jury was convened said, 'Mr. Granger, that's none of your busi about a hidden report was unfounded and ness.'" that he should show cause why he should and it used, for one of its records, the Susce Of course he bad a copy. He had made one not be fired. Apparently, no one told the in Report, as it had been dubbed. The federal before he turned it in because he suspected telllgence division that the agent had al culling found five cases that could have been the report would be suppressed. And he in ready been let go. processed in 1944. "The grand jury wanted tended to see it through. Before starting his campaign against the to issue some indictments," Sherman remem government, Susce went job hunting. Within bers, "but it was an investigative grand jury Susce returned to his routine. By June, and the presiding judge decided 1t could not when nothing more evolved concerning his two weeks he was hired by the nation's top credit rating agency, Dun and Bradstreet. indict. It was supposed to pass on the infor report, he decided to take action on his own. mation to the next grand jury, but it was It bothered him that millions of dollars sat He was hired as an investigator of business records but later he started selling the com never called and the indictments were never waiting to be assessed by his government. followed up." During the grand jury inves And, he remembered reading a law that said, pany's reference book and became an out standing salesman, with letters of oraise from tigation, Granger denied that he ordered in effect: Any agent of the United States Susce to destroy the report. He also said the government who had knowledge of crimi his superiors. - With the threat of unemployment over, report was voluminous and not important. nal misconduct of his superiors in his office Again, Susce attempted to forget about his is bound to notify the commissioner of In "I hired Harry Allen Sherman to answer Fleming's charge, as requested. I had read unfortunate experience with the government. ternal Revenue Service in Washington, D.C. His case appeared hopeless. But then, in the "So to protect myself, I put myself on rec about Sherman in the Pittsburgh newspapers. He was in the limelight for his crusade against mid-60's, he read newspaper accounts which ord. I notified (IRS Commissioner) Nunan told of indictments and convictions of men that I had delivered the report and that it racketeers and Communists. I petitioned the Civil Service Commission for a hearing. My who had been mentioned in his report. That was being bidden in a safe and there were infuriated him-why should the government millions of dollars to be assessed." reply to Fleming's charge was declared in sufficient and so the Civil Service was notified use his work and not acknowledge him? That Not long after, Susce received a reply from that I was insubordinate. The Civll Service was the impetus to re-charge his campaign. Robert Cory and Alfred Fleming, of the IRS Susce started writing to every government intelligence division. They interviewed Susce said I was not entitled to a hearing. Imagine employee who he thought might be able to about the charge and then seized the report that? A member and not entitled to a hear help him. He contacted officials of the Justice from Granger's safe. "Cory then asked to see ing! I never have received one." Thornburgh Department, the Treasury Department, the my copy but I didn't want to give it to him. says Susce was fired because he was too per FBI, and the CivU Service, but every reply He said they just wanted to compare my sistent. ("He wanted to see the report used.'') was the same: Your case is regarded as copy to the original and I agreed to that. Sherman says, "Andy was fired for refusing closed. Next morning for several hours I read there to participate in a cover-up.'' Not beaten, Susce decided to try politicians. port in his omce. And afterwards, Cory let Susce says: "I forgot about the case for a He wrote persuasive letters to Gerald R. 7007 March 9, 1977 EXTENSIONS OF REMARKS Ford then a congressman (who became in Panamanians that the government is the would serve neither Panama nor th~ teres'ted after Senator Williams's speech), guilty party. In recent weeks our State United States, nor the commerce of the Eisenhower, Richard Nixon, the Kennedys, Department has, in fact, required our entire world which uses the Canal. Lyndon Johnson ... "Robert Kennedy was Ambassador to Panama to personally The letter to which I refer was the going to help. He said he would. But the~ he protest to ·Torrijos the bombings last subject of a story in El Nacional, pub was kllled. I have enough letters from NIXon lished in Caracas, Venezuela, February to write a book and I've been writing to Ford October in the Canal Zone as being per for years and he said he'd help, but look petrated by the Panamanian Govern 24 of this year. The text of that story is where he is now and he's never helped." ment. as follows: In reply to one of Susce's countless letters, The State Department, nevertheless, Exn.Es AsK CARTER To REJECT TORRIJos Ford wrote in June 1969, " ... I wlll be dis continues to press for a new treaty with GOVERNMENT cussing this matter with the President the dictator of Panama, who likes to be The secretary of the Executive Committee next time I talk with him at our leadership called Maximum Leader. of the Panamanian Social Democratic Move meeting." But Susce has never heard about Mr. Speaker, my position against sur ment in Exile, Humberto Lopez Tirone, has that meeting. sent us a copy of a letter he sent to U.S. Presi In 1971, Ford wrote, "I appreciate your rendering the Canal Zone and waterway dent Jimmy Carter, which he begins with support and am confident that the full truth to Panama is well known, both in the the statement: "It is my sad task, complying in this curious case will eventually come United States and in Panama. Yet, Ire with our historical mandate, to write to you out." The letter was signed, Jerry. spect the sincere feelings of many Pana outlining the upright position of the men Susce's present attorney in Ohio, Ted manians who are friends of the United in our America who fight against de facto Johnson, had an afll.liation with former U.S. States, and opposed to the dictatorship military dictatorships that Ulegally govern Attorney General William Saxbe and sent in their country, who would like to gain the peoples of this dark continent." me.terials to Saxbe for examination. Saxbe's The letter adds: "Your position regarding staff was going to meet with Susce, but sovereignty over the Canal Zone and the violation of human rights and your inter shortly thereafter Saxbe became ambassador control of the canal. national policy concerning regimes of force to India. While I disagree with them because I have been described in many of your public A letter from the White House, dated am convinced that continued ownership speeches. However, it would seem that your March 18, 1975, and signed by Jay T. French, of that vital territory by the United aides see this problem only when it occurs assistant counsel, says, "By checking into States is better for us and Panama and beyond our common borders." the facts of your case, I learned that former the entire free world, I appreciate their The letter continues: "Could it be that Senator Williams of Delaware called atten they are unaware of the repression and viola tion to the circumstances surrounding your convictions as genuine. tion of human rights which are continuously discharge from employment ... A copy of Some of those Panamanians can no inflicted on the peoples of Chile, Argentina, the Congressional Record containing his re longer live in their own country. Some Peru, Nicaragua, Panama and other sister marks is enclosed ... Also, the United States are in the United States, others in differ countries?" Attorney in Pittsburgh has confirmed that ent countries, but all are in exile. The letter then refers to the warning the work you did in the 1940's proved sub Though not originally in a political which the "leader of Latin American social sequently to be very important to the Fed grouping, exile has drawn many of them democrats, former President Romulo Betan eral Government. With appreciation ..." court," made to then-U.S. President John F. At least the White House has admitted together in a common effort to fight the Kennedy regarding "the danger of dictator Susce's report proved valuable. Susce sees Torrijos dictatorship, and to somehow ships and of a progressive proliferation of hope. restore freedom to Panama. them on the continent. It would seem that The thought that he did an honest job, Former President Arnulfo Arias Ma his prophetic advice was unheeded and we lost that job for telling the truth about his drid, the last constitutionally elected came to see more authoritarian regimes re report which is valuable yet today, and re chief executive of Panama, has for sev placing governments freely elected by their mains fired, angers Susce. It rubs against his eral years been in exile in Miami, Fla. peoples." ideals of America and he can't accept it. He The letter adds: "We were recently caught believes that in the aftermath of Watergate, He retains the loyalty of tens of thous by surprise by international press reports when unlawfulness in government is con ands of Panamanians who still regard of the letter o! support which you bravely tinually uncovered, someone should bring themselves as belonging to his outlawed sent to Soviet dissident Andrey Sakha.rov. his case to light and clear him. It would have Panamenista Party. They look to his re In one portion of this letter you said that been especially appropriate, he says, in the turn as the salvation of their country. 'human rights are a central concern of my Bicentennial year. Some of the more recent exiles have administration. In my inaurgural address I Andrew Susce wants to die an honest man. said: Because we are free, we can never be He wants no record left behind that would formed the Panamanian Social Demo indifferent to the fate o! liberty in other taint his reputation. That is what keeps him cratic Movement in Exile, separate from regions. You can be sure that the U.S. people loyal to his cause. And he is determined to the Panamenistas. and our government will maintain our firm see his Civil Service record changed from Mr. Speaker, I want to call to the at commitment to promote respect for human "Removed" to "Restitution Granted." tention of my colleagues a letter this rights, not only in our country, but also group has sent to President Jimmy Car abroad.'" ter protesting any treaty with Dictator There follows the question: "Had you Torrijos who has totally disregarded hu thought of the oppressed peoples of Panama, HUMAN RIGHTS DENIED PANA Brazil, Chile and so fo:r;th? Are you sincere MANIANS BY DICTATOR TORRI man rights in Panama. in your struggle to implement freedom and JOS; EXILES ASK CARTER TO RE The President has made his concern rights?" JECT TREATY WITH mM for human rights a major point in his The letter continues: "Today one of the foreign policy considerations. peoples of our America is on the verge of I cannot understand how he can over another betrayal. It is a people shackled in the face of the negotiations which your gov HON. GENE SNYDER look the denial of such rights in Panama ernment is pursuing with the Panamanian OF KENTUCKY should he be fully informed as to the sit military dictatorship; people who since 1968 IN THE HOUSE OF REPRESENTATIVES uation there. have had no freedom, no political parties, Though I disagree with several of the no rights, people of whom hundreds have Wednesday, March 9, 1977 points made in the letter of the exiles, been exiled, assassinated, persecuted, tor Mr. SNYDER. Mr. Speaker, despite the I want to air their views so that all may tured, imprisoned or have disappeared; efforts of the Carter and previous ad know them. I do not oppose a new treaty people with a nepotist, repressive and anti ministrations to hide the ugly fact, Omar with Panama were it with a democrati democratic de facto government in which power is held by just one man who misgov Torrijos is the absolute dictator of Pan cally elected government although I erns a.n entire nation by force of arms as ama. would continue to oppose yielding our if it were his private fiefdom. Democracy simply no longer exists in sovereignty and control of the Canal "In such a situation your government that nation which since its inception has Zone to any Panamanian Government. boasts of justice as it seeks to conclude a.n been a good friend of the United States The exiles make it absolutely clear illegitimate treaty. It is not content to have of America. The Panamanian people no that while they would like a new treaty, committed an injustice in 1903, when it im longer can speak out as free men and they do not want such a treaty to be posed a treaty on us without our people's knowledge. It would seem to be unaware of women. Their press is not free to express made with Torrijos. They feel and I the clear and continuous violation of hu their opposition to the dictatorship. think they are right, that such an ac man rights in Panama ... it has closed its Some of their business and professional complishment would but serve to per eyes to the news of such violations which and cultural leaders have been exiled. petuate Torrijos in power along with his appear daily 1n the international press. It Certain individuals have been murdered, repressive regime. is unaware that any treaty with the dictator and it is common opinion among many Mr. Speaker, such an eventuality ship will be disregarded by future genera.- 7008 EXTENSIONS OF REMARKS March 9, 1977 tions and by the democratic governments they should not be talking to the Provisionals because of the inevitability of full-sca!e that will come after the fall of the tyranny." and that their Convention report should be tribal conflict in the event of either one of The letter adds that President Carter has adopted to bring back ascendancy rule to these courses being imposed under the use before his eyes the scene of a clear violation the North. of force by one side or the other. Movement of human rights, and that to combat "re In the past, Loyalist workers enjoyed fa on these courses without regard to the re pressive regimes, we Latin Americans need vourable treatment in the allocation of sults of the ballot-box could precipitate a only our own weapons of justice and liberty. houses and the securing of highly-paid jobs. bloody war that could only end in an arbi However, we demand that you refrain from They recognise now that the social effects of trary repartitioning of the North. using the force of your power to continue malign direct rule hit them as well. Devolved government as an option looks, supporting authoritarian governments which Large-scale unemployment, savage cuts to on the surface, to be the most reasonable keep the peoples of Latin America in mourn public expenditure, considerable slippages in and certainly the most acceptable course to ing." departmental estimates from actual results take, providing that the major parties agree The letter ends by telling President Carter amounting to a loss of £l87 million in the to participat e in it. that "fullfillment of your commitment to last three years, factory closures at the rate But Unionist politicians, apart from Bill those who have no freedom and to the peo of three a week-all of these are indications Craig, are too timid to look for a real for ples whose human rights are continuously of Westminster's monumental indifference to mula to enable a broadly-based Administra violated is the first step that your adminis the North. tion to be established. We tried, in two sepa tration should take." In many of these closures, a political hand rate sets of inter-party talks, to find agree was directly at work. For example, Rolls ment on the ramifications of devolved gov Royce, International Computers and three ernment, only to find them "bolting irom defence establishments located in the Lagan the door" when we reached the serious is NEGOTIATED INDEPENDENCE FOR Valley are all either wholly owned or con sues. IRELAND trolled by the Westminster Government. It is It was hard to avoid drawing the conclu Government work that was diverted away sion that they regarded the talks as having from Standard Telephones which placed it at anything more than a cosmetic effect, and HON. JONATHAN B. BINGHAM risk. It is the present Government which were terrified of the consequences of taking locked out the Harland and Wolff shipyard them any further-even if we in the SDLP OF NEW YORK and Short Brothers and Harland's aircraft had surrendered to them in every detail. IN THE HOUSE OF REPRESENTATIVES works from its present plans to nationalise Nevertheless, they were in a stronger posi tion to ·negotiate with SDLP than ever be Wednesday, March 9, 1977 both industries. No longer does the Loyalist section of the community take for granted fore. Mr. Paisley, over the years, had exer Mr. BINGHAM. Mr. Speaker, although preferential treatment at the hands of British cised a veto on Official Unionist policies, but a "free and united Ireland" is the dream politicians, or for that matter, the British has lest that overriding influence in a series of many Irish and of many people, in Government. of silly mistakes which he made this sum cluding me, who love Ireland, nothing Loyalists in recent months have seen their mer when the talks were taking place. With t:motional ties with Britain being painfully the departure of Paisley from the scene, the that happens in the violence-ravaged severed one by one, firstly by the Wilson Gov established Churches and big business sup counties of Ulster seems to lead in that ernment and more recently by the Callaghan porters began to encourage Unionist leaders direction. Government. They are not simple-minded to accept proposals for partnership, for they Other solutions have been sought with enough to believe that an apolitical populist had been much impressed by the perform no success. like Callaghan will continue to cocoon them ance of SDLP politicians in departmental Now, Paddy Devlin of Ulster's Social with his affection while sample polls reveal office. The Unionist leaders still stood back Democratic Labor Party has come for that 70% of the British electorate are clam from talks, for their fear of para-military ward with what to me is u new approach, ouring for total withdrawal from the North. organisations is genuine and complete. British Parliamentary parties are alienated Moreover, they recognized, as we do, that the idea of "negotiated independence," by the lack of movement towards a political a handful of urban guerrillas can bring any with constitutional guaranties of human settlement in the North. To them, Northern local Administration to an end if the security rights for all, to be underwritten by the Ireland represents an unnecessary loss of operation is ir. the hands of Westminster. institutions of the European community. human life, a waste of large-scale capital Events in 1971 when Stormont was closed I have the greatest ad.l'Jliration for Pad that they could be putting to good use where up by the Heath Government and, again, dy Devlin and for his courageous associ it would be better appreciated, and a diminu when the Executive fell, have provided ample ates in the S.D.L.P. If such leaders of tion of prestige at the EEC, where an abun evidence of that. the Catholic community in Ulster, who dance of goodwill with constituent countries No Administration structure will endure is a prerequisite to keeping ste'rling afloat. in the North unless it removes the political have often shown at the ballot box that To them, the only option open is withdrawal reasons for violence, leaving the residue of they have the support of the vast ma from Northern Ireland; the only question gangster violence to be taken on by a fully jority of that community, are prepared left to answer is how to withdraw without supported security operation which would to accept "negotiated independence," apparently adding fuel to the flames. emanate from the political settlement. then there is indeed hope. It can be assumed that that question may It arises from that that the only possible I am indebted to the Honorable Paul be answered by pursuing one of the follow course to follow is one in which there is a O'Dwyer, president of the city council ing six outions that are open for consid reasonable chance to shut off the violence. of New York, for calling my attention to eration. Indeed, members of Roy Mason's Does negotiated independence offer that staff are currently canvassim; opinion on chance? The other courses certainly do not. the following article from the Irish their efficiency. Several articles have been A dialogue on this option has been post Times: published recently in major British news poned long enough due, possibly, to the fear NEGOTIATED INDEPENDENCE BEST AVAILABLE pauers that were both officially inspired and that by participating in talks fixed party OPTION authoritatively leaked from the same source. positions would be compromised. (By Paddy Devlin) These options are: ( 1) integration with Quite clearly there is merit now, under British strategy in the North from 1972 Britain; (2) direct rule; (3) unity with the pressure from present events, to give serious onwards has been aimed at creating the Republic: (4) devolved government; (5) consideration to negotiated independence as conditions for setting up a broadly-based unilateral declaration of independence; (6) a temporary proposition, if not as an ideal Administration which, by its nature, would negotiatecl. independence. solution. eliminate sectarian differences and establish The first one can be ruled out; it is not The option itself contains three elements reconciliation and stability in the commu a runner. Unionist thinking is running di that have a substantial bearing on future nity. That strategy under the Conservative rectly opposite to it. It remains only ns a development in the North. Government looked like paying off until fi~ment of Enoch Powell's facile imagina Firstly, negotiated independence could Merlyn Rees, the Labour Government's Sec tion. bring to an end British rule in the North, retary of State for Northern Ireland, baulked Likewise the second option, the appoint thus enabling a.ll the para-military organiza at supporting the power-sharing Executive's ment of Rov Mason as Secretary of State was tions to achieve their primary abjectives writ in May, 1974, and the Executive went in reality the selection of a funeral under without further use· of violence. under. Since then, people of the North have taker to bury direct rule and bludgeon The cessation of violence could be the be been subject to a continuing onslaught of Northern politicians into starting talks on a ginning of real and lasting reconciliation violence from both sets of para-military or future Administration. Direct rule was between both sections of the comm·unity. ganisations that has left them dehydrated something Westminster did not want. It was Secondly, negotiated independence could of energy to resist the violence and of hopes forced on them by Merlyn Rees's indecisive allow Northern Ireland to have a constitution for a solution of their problems. ness durin~ the UWC strike. In any case, vio evolved by her own people exclusive of West The Loyalist section of the Northern com lence continues at too high a level for them minster, which would provide adequate munity are particularly bitter. They believe to be considered feasible options. guarantees for both sections of the commu that their erstwhile friends on the "British Unity with the Republic and UDI by nity and compel the Irish Government to mainland" are not giving them adequate Loyalist para-military organisations could be introduce constitutional change relative to protection from provisional violence; that ruled out of consideration at the minute, Northern harmony. March 9, 1977 EXTENSIONS OF REMARKS 7009 Thirdly, negotiated independence could Increasing the federal minimum wage is mildly. I am convinced it is unconstitu enable the instltutions of the European Com regarded by proponents as progressive legis tional as well. munity to act as guarantors of the fair im lation. Yet studies have shown that it ad With those general remarks by way of plementation of all agreements, including versely affects those it is supposed to help the most-the least educated, least literate introduction, Mr. Speaker, I will now an Act of Human Rights, and to provide the proceed through the bill itself to identify support necessary to effect economic recov and least skilled workers. ery. A 30 per cent increase in the minimum particulars. The fundamental idea behind the proposed wage would force these workers out of the TITLE I-FINANCIAL DISCLOSURE form of independence is to exclude the pos labor market and onto the dole and would I have always favored the mandatory sibility of conquest of one side over the push above 50 per cent the number of black other; the possibility of one tradition domi teen-agers unable to find work. disclosure of all sources of income. nating the other; the possibility of one re Reaction to the proposed increase was Knowing the sources of income is vital in ligion subordinating the other to the extent voiced recently by Betty Jackson, a black identifying and evaluating any possible of its complete suppression. social worker in Florida, whose job is to try conflicts of interest. Any discussion at all wi th the parties in to find work for jobless teen-agers in a Specifying the amount of income serves volved on negotiated independence and the poverty-ridden area near Miaini. no constructive purpose. The amount is ideas behind it can only do good. Of course "It would be just awful for the kids if immaterial in regard to conflict of in they raise the minimum wage again. It's bad it may not be the answer, but at least we terest. The income derived may be $100 could talk about it before knocking it down. enough now but if the floor goes up again, the kids simply won't ever get hired." today and $100,000 tomorrow. A conflict It wasn't long ago that people like Betty is a conflict. A given dollar amount might Jackson would have welcomed the prospect prejudice one individual, while 10 times of a sharp increase in the Ininimum wage. that amount would not influence the next IT'S BAD MEDICINE But increasingly, people in the front line in person in the slightest. The number of the war against teen-age joblessness single dollars involved is beside the point, but out minimum-wage regulations as a major the source of income is the key. Like the HON. JAMES ABDNOR barrier. OF SOUTH DAKOTA And proponents of an increased minimum founders of our Nation, I do not believe IN THE HOUSE OF REPRESENTATIVES wage oppose exemptions for teen-agers. They a person's income-or lack of income fear a split-level rate would allow teen-agers should be allowed to enter into the judg Wednesday, March 9, 1977 to simply replace older workers. ment of his fitness for public office. Mr. ABDNOR. Mr. Speaker. With Thus it is evident that a higher minimum I also believe that liabilities should be astonishing regularity the Congress has wage is regressive rather than progressive. listed, but only by category-that is, pri shown a tendency to cure various na It provides organized and skilled workers vate individual, commercial bank, and with an elevated floor from which to make so forth. I do not agree that it is either tional ills with the kind of medicine that their demands for higher wages. prompted the illness to begin with. At the same time, the unskilled, the un necessary or desirable to name the lender A case in point is the minimum wage organized, the poor and the young become specifically, nor is the specific amount law. In trying to make certain that all the victiiOS, rather than the beneficiaries. of indebtedness significant if a conflict our Nation's workers are paid wages The impact of a higher minimum wage on of interest exists. On the other hand, the which will assure a basic standard of liv those groups ds devastating. restrictions imposed by the bill will hurt ing they have passed legislation which the honest businessmen in the Congress. has resulted in many not being paid at Once it becomes known that a person in all. Moreover, they have repeatedly business has to make public everythinf! raised the minimum wage and have only EFFECTIVE CODE OF ETHICS he owes and to whom he owes it, his ex exacerbated the situa tion, particularly isting and potential sources of business where the young, the underskilled, and HON. BILL CHAPPELL, JR. loans will dry up. There is no doubt in the untrained are concerned. They have my mind that this particular provision OF FLORIDA will keep a lot of people from running made these groups virtually unemploy IN THE HOUSE OF REPRESENTATIVES able. for public office. Has Congress learned a lesson? Ap Wednesday, March 9, 1977 Although I consider the undesirable parently not, because once again we are features of title I deserving of mention, Mr. CHAPPELL. Mr. Speaker, I am they are not my primary basis for op back in business giving serious con wholly in favor of an effective code of posing the bill. sideration to yet another proposal to hike ethics for the Congress, and I enthusias the minimum wage and tie to it an auto tically support the goals and objectives I agree in principle with: Title II, amendment of the code of official ethics; matic cost-of-living increase-all the of su ~h a code. However, on March 2, while complaining about a stubborn rate 1977, I voted against the so-called ethics and, tit le III, unofficial office accounts: of unemployment. bill