10128 CONGRESSIONAL RECORD-HOUSE March 29, 1973 which should be taken to make such warn- contracts, agreements, or other appropriate tiona for or reactions to earthquakes or ings effective, and how to make a decision arrangements with the National Academy of earthquake warnings. to issue such warnings. Sciences, public entitles and organizations, SEc. 5. (a) For purposes of section 2 of (b) The Board will be responsible for dis- and private entities or organizations to pro­ this Act, there is authorized to be appro­ semination of the results of the research vide the· necessary scient1f1c advisory serv­ priated for the fiscal year ending June so, efforts for preparation of high seismic risk ices as may be required to carry out the 1975, the sum o! $15,000,000 and for each of areas for the occurrence of earthquakes, par- purposes of this section. the next following six fiscal years the sum ticularly for the purposes of defining emer- - SEc. 4. The Earthquake Research Board of $12,000,000. gency community planning, insurance needs, shall make information developed pursuant (b) For purposes of sections 3 and 4 of architectural and engineering goals, and to the Act available to the President, the this Act, there is authorized to be appro­ other such studied applications which would Congress, Governors of States 1n high seismic priated for the fiscal year ending June 30, serve to protect life and property. risk, and other government and private orga- 1975, and for each of the next following six (c) The Board is authorized to enter into nizations which are concerned with prepara- fiscal years, the sum of $400,000.

HOUSE OF REPRESENTATIVES-Thursday, March 29, 1973 The House met at 12 o'clock noon. The message also announced that the on April 1, 1789. This coming April 1, Rt. Rev. Zoltan Beky, bishop emeri­ Senate insists upon its amendment to 1973, marks the 184th anniversary of the tus of the American Hnngarian Reformed the bill (H.R. 2107) entitled "An act to first meeting of this august body. Church, offered the following prayer: require the Secretary of Agriculture to April 1, Mr. Speaker, has traditionally Almighty God, Father of all nations, carry out a rural environmental assist­ been known as April Fool's Day. we stand before Thee in humble rever­ ance program," disagreed to by the House; agrees to the conference asked ence as leaders, chosen representatives, BASKETBALL CRISIS and lawmakers of this great Nation. by the House on the disagreeing votes of We invoke Thy gracious blessing upon the two Houses thereon, and appoints (Mr. BELL asked and was given per­ this great assembly. We confess that we Mr. TALMADGE, Mr. ALLEN, Mr. HUDDLES­ mission to address the House for 1 min­ are unable to carry the heavy responsi­ TON, Mr. AIKEN, and Mr. YOUNG to be the ute and to revise and extend his re­ bilities of our enormous tasks without conferees on the part of the Senate. marks.) Thy help. Give us Thy guidance and wis­ The message also annonnced that the Mr. BELL. Mr. Speaker, I rise this dom. Our entire world is in turmoil, di­ Senate had passed a bill of the following afternoon to alert my colleagues to a vided as it is, needs Thy deliverance. title, in which the concurrence of the terrible crisis facing our Nation which Make us all instruments in Thy hand House is requested: we in Congress must confront squarely. to bring about a better and more peaceful S. 1136. An act to extend the exp1r1ng au­ I am referring to the dreaded basket­ world. thorities in the Public Service Act and the ball crisis, which has gradually taken We pray for our beloved conntry, the Community Mental Health Centers Act. hold in the United States. "Land of the free, and the home of the This crisis culnunated in the conquest brave.'' THE RIGHT REVEREND by the team of the University of Cali­ We give Thee thanks for our great her­ ZOLTAN BEKY fornia at Los Angeles of the NCAA Na­ itage that is ours in this Nation. tional Basketball Championship for the We thank Thee that by Thy spirit (Mr. PATTEN asked and was given seventh time in a row. Thou hast kindled-the longing for free­ permission to address the House for 1 UCLA also vanquished its 75th straight dom in the hearts of men. minute and to revise and extend his opponent last Monday night. On this day we remember the noble remarks.) Some political commentators have people of Hnngary who so gloriously at· Mr. PATTEN. Mr. Speaker, the Right warned that this situation constitutes tempted to achieve a free and independ­ Reverend Zoltan Beky, who has just said "five-man rule." ent nation 125 years ago. the prayer, for many years has been and Whatever it may be, we in West Los Lord, Thou knowest that their dreams is head of the American Hnngarian Fed­ Angeles realize it is certainly demoraliz­ and aspirations have not been ful:fllled eration. They have their own buildings ing to all those basketball players and yet. - out on New Mexico Avenue and have over fans in America who have chosen a team We beseech Thee to hear their pray­ 1 million members. other than UCLA as their own. ers and mercifully grant freedom to all This is a great group. I want the Mem­ Since I represent the UCLA five in this enslaved nations on earth. bers here to know that the administra­ Congress, I have been given advance We pray for our President and all tion of the American Government does word that the administration is plan­ Members of the Congress. Give them Thy not have any more loyal supporters in ning to send to the Hill very shortly a wisdom and Thy strength to serve Thee any phase of American life than this special basketball revenue-sharing bill. and our conntry in Thy name. Amen. group, whose conntry is overrun and con­ The Better Dribbling Act of 1973, which trolled by a foreign army, whose people would allocate fnnds to each State's uni­ cry out for freedom. versities to provide for expanded basket­ THE JOURNAL These Hnngarians who are now Ameri­ ball facilities and training. The SPEAKER. The Chair has exam­ cans support the foreign policies of our The sharing formula will exclude Cali­ Government to preserve freedom all over fornia entirely as a fnnd recipient. ined the Journal of the last day's pro­ the world. They are great Americans. I ceedings and annonnces to the House his This is certainly one plausible ap­ think it is wonderful that we have Bishop proach. approval thereof. Beky here today bless us with the Without objection, the Journal stands to Whatever course of action this Con­ opening prayer. I thank him ever so gress in its wisdom elects to follow, Mr. approved. much. There was no objection. Speaker, I am sure that the record of the UCLA team, led by Coach , THE 184TH ANNIVERSARY OF THE , Tommy curtis, Larry Farm­ MESSAGE FROM THE SENATE FIRST MEETING OF THE HOUSE er, Larry Hollyfield, , and Keith A message from the Senate by Mr. Ar­ OF REPR:Ef:)ENTATIVES Wilkes will stand unchallenged for a long time to come. rington, one of its clerks, announced alarm­ Mr. GERALD R. FORD. Mr. Speaker, ingly in the past year and are stlll the American farmer, by the gentleman's climbing. own quotation, has done extremely well NATIONAL CLEAN WATER WEEK That is not news to our wives, of as a result of that transaction. We have course. Their beef boycott already has had the surpluses under Democratic ad­ Mr. EDWARDS of California. Mr. had some success in forcing down meat ministrations, and the taxPayers now Speaker, I ask unanimous consent that prices. have been the beneficiary of the foreign the Committee on the Judiciary be dis­ Consumers has rightly caught the sales of our argicultural production. charged from further consideration of mood of public outrage. The store docu­ Mr. CEDERBERG. Mr. Speaker, will the joint resolution mission to address the House for 1 min­ Representatives of the United States of ute, to revise and extend his remarks America in Congress assembled, That, to Mr. GERALD R. FORD. Mr. Speaker, emphasize the importance of intelligently I am deeply grateful to the distinguished and include extraneous matter.) planned use and dJ.strlbutlon of the Nation's Democratic majority leader, the gentle­ Mr. WOLFF. Mr. Speaker, for the last water resources, and in recognition of the man from Massachusetts

Melcher Quie Stratton Mr. Udall with Mr. Dent. Rhodes Stanton, Walsh Metca.l!e Rallsback Studds Mr. IDlma.n with Mr. Brown of California.. Rinaldo J. William Wampler Mezvinslty Rangel Sullivan Mr. Eckhardt with Mr. Fraser. Robison, N.Y. Stanton, Ware Rodino James v. Whalen Minish Rees Symington Mr. Mann with Mr. Mills of Arkansas. Mink Regula. Taylor, N.C. Roe Stark White Mitchell, Md. Reid Teague, Calif. Mr. Passman with Mr. Riegle. Ronca.lio, Wyo. Steelman Whitehurst Mitchell, N.Y. Rhodes Thomson, Wis. Mr. Aspin with Mr. Carney of Ohio. Ronca.llo, N.Y. Steiger, Wis. Widna.ll Moa.kley Rina.ldo Thornton Rooney,Pa.. Stephens Williams Mollohan Robison, N.Y. Tiernan The result of the vote was an­ Rostenkowski Stokes Wilson, Bob Moorhead, Pa. Rodino Van Deerlin nounced as above recorded. Roush Stratton Wlnn Morgan Roe Vander Ja.gt A motion to reconsider was laid on Roy Studds Woltf Mosher Rop.ca.llo, N.Y. Va.nlk Runnels Sullivan Wyatt Moss Rooney, Pa.. Vigorito the table. Ruppe Talcott Wydler Murphy,m. Rostenkowski Waldie The SPEAKER. The question is on the Ryan Taylor, N.C. Wylie Murphy, N.Y. Roush Walsh passage of the bill. StGermain Teague, Calif. Wyman Na.tcher Roy ware Sandman Thomson, Wis. Yates Nedzi Runnels Whalen Mr. MAll.cLIARD. Mr. Speaker, on that Sara.sin Thone Ya.tron Nelsen Ruppe Whitehurst I demand the yeas and nays. Sarba.nes Thornton Young, Alaska. Nix Ryan Widnall The yeas and nays were ordered. Schroeder Tiernan Young, Fla.. Obey StGermain Wilson, Bob Sebellus Towell, Nev. Young, Ga.. O'Hara. Sandman Winn The vote was taken by electronic de­ Seiberling Treen Young, Til. O'Neill Sara.sin Wolff vice, and there were--yeas 299, nays 72, Shipley VanDeerlin Young, Tex. Owens Sarbanes Wyatt Shriver Va.nderJagt Zablocki Parris Schroeder Wydler not voting 62, as follows: Sikes Vanik Zion Patman Seiberling Yates [Roll No. 62] Slack Veysey Zwa.ch Patten Shriver Yatron YEAB-299 Smith, N.Y. Vigorito Pepper Staggers Young, Alaska. NAYB-72 Perkina Stanton, Young, Fla.. Abdnor Diggs Kazen Peyser J. William Young, Ga. Abzug Dingell Keating Beard Ginn Quillen Pickle Stanton, Young, ill. Adams Donohue Kemp Bevill Goodling Rarick Pike Jamesv. Young, Tex. Adda.bbo Drina.n Ketchum Blackburn Gross Robinson, Va.. Podell Stark Zablocki Alexander Dulski Koch Burke, Fla.. Haley Rose Preyer Steiger, Wis. zwach Anderson, duPont Kuykendall Burleson, Tex. Hanrahan Rousselot Price, m. Stephens Calif. Edwards, Ala.. Kyros Byron Huber Ruth Pritchard Stokes Anderson. m. Edwards, Calif. Lehman Camp Hutchinson Satterfield Ellberg Lent Carter Johnson. Colo. Saylor NOT VOTING-63 Andrews, N.O. Andrews. Eshleman Litton Casey, Tex. Jones, Tenn. Scherle Armstrong Frelinghuysen Roberts N.Dak. Evans, Colo. Long, La.. Cochran Landgrebe Shuster Ashbrook Gaydos Rogers Annunzlo Evins, Tenn. Long, Md. Collins Latta. Skubitz Aspin Giaimo Rooney, N.Y. Archer Fascell McCloskey Conlan Lott Snyder Badillo Gr11II.ths Rosenthal Arends Findley McCormack Crane McCollister Spence Bafalis Grover Roybal Ashley Fish McDade Daniel, Dan McEwen Steed Bia.ggi Guyer Schneebell Ba.falis Flood McFall Daniel, Robert Mara.ziti Steiger, Ariz. Blatnik Harvey Shoup Baker Foley McKay w.,Jr. Martin, Nebr. Stubblefield Brown, Calif. Hawkins Sisk Barrett Ford, Gerald R. Macdonald de la. Garza. Mathis, Ga.. Stuckey Burton !chord Smith, Iowa. Bell Ford, Madden Devine Michel Symms Carney, Ohio Jones, N.O. Smith, N.Y. Bennett Wllliam D. Madigan Dickinson Milford Taylor, Mo. Chappell King Steele Bergland Forsythe Mahon Dorn Minshall, Ohio Wa.ggonner Clay Kluczynskl Teague, Tex. Biester Fountain Ma.illiard Downing Montgomery Whitten Davis, S.C. Litton Thompson. N.J. Bingham Frenzel Ma.llary Duncan Myers Wiggins Dent Lujan Udall Boggs Frey Martin, N.C. Fisher Pettis Young, S.C. Dingell McClory Ullman Boland Froehlich Mathias, Calif. Flynt Poage Eckhardt McKinney Wilson, Bolllng Fulton Matsunaga. Gettys Powell, Ohio Erlenborn McSpadden Charles H., Bowen Fuqua. Mayne NOT VOTING-62 Esch Mann Calif. Bra.demas Gibbons Ma.zzoll Findley Mills, Ark. Wilson, Brasco Gilman Meeds Armstrong Griffiths Roberts Flowers Passman Charles, Tex. Ashbrook Grover Rogers Bray Goldwater Melcher Rooney, N.Y. Ford, Price, Tex. Wright Breaux Gonzalez Metcalfe Aspin Guyer William D. Reuss Breckinrtdge Grasso Mezvinsky Badlllo Harvey Rosenthal Fraser Riegle Brinkley Gray Miller Bia.ggi Hawkins Roybal Brooks Green, Oreg. Mills, Md. Blatnik !chord Schneebell So the motion to recommit was re­ Broomfleld Green, Pa.. Minish Burton Jones, N.C. Shoup Carney, Ohio King Sisk jected. Brotzman Gubser Mink Smith, lows. Brown, Calif. Gude Mitchell, Md. Chamberlain Kluczynski The Clerk announced the following Chappell Landrum Steele Brown, Mich. Gunter Mitchell, N.Y. Symington pairs: Brown, Ohio Ha.mllton Mizell Clay Leggett Davis, S .C. Lujan Teague, Tex. On this vote: Broyhill, N.C. Hammer- Moakley Thompson, N.J. Broyhill, Va.. schmidt Mollohan Dennis McClory Mr. Davis of South Carolina for, with Mr. Dent McKinney Udall Thompson of New Jersey against. Buchanan Hanley Moorhead, Burgener Hanna. Calif. Eckhardt McSpadden Ullman Mr. Chappell for, with Mr. Burton against. Burke, Calif. Hansen, Idaho Moorhead, Pa. Erlenborn Mann Wilson, Burke, Mass. Hansen, Wash. Morgan Esch Mills. Ark. Charles H., Until further notice: Burlison, Mo. Harrington Mosher Flowers Nichols Calif. Mr. Rooney of New York with Mr. Grover. Butler Harsha. Moss Fraser Passman Wilson, Mr. Blatnik with Mr. Ashbrook. Carey, N.Y. Hastings Murphy, ill. Frelinghuysen Price, Tex. Charles, Tex. Cederberg Hays Murphy, N.Y. Gaydos Reuss Wright Mr. Bia.ggi with Mr. Frellnghuysen. Giaimo Riegle Mr. Hawkins wi·th Mr. Rosenthal. Chisholm Hebert Na.tcher Clancy Hechler, W.Va.. Nedzi So Mrs. Gr11II.ths with Mr. Findley. Clark Heckler, Mass. Nelsen the bill was passed. Mr. Giaimo with Mr. McClory. Clausen, Heinz Nix The Clerk announced the following Mr. Gettys with Mr. McKinney. Don H. Helstoskl Obey pairs: Mr. Roberts with Mr. Bafalis. Clawson, Del Henderson O'Brien Mr. Thompson of New Jersey with Mr. Mr. Roybal with Mr. Schneebeli. Cleveland Hicks O'Hara. Cohen Hillis O'Neill Frelinghuysen. Mr. Sisk with Mr. Smith of New York. Mr. Rooney of New York with Mr. Ash- Mr. Teague of Texas with Mr. ·Price of Collier Hinshaw Owens Cona.ble Hogan Parris brook. Texas. Conte Holifield Patman Mr. Bla.ggi with Mr. Grover. Mr. Charles H. Wilson of California. with Conyers Holt Patten Mr. Giaimo with Mr. McKinney. Mr. Steele. Corman Holtzman Pepper Mr. Blatnik with Mr. Erlenborn. Cotter Horton Perkins Mr. Wright with Mr. King. Mr. Burton with Mr. Riegle. Mr. Dingell with Mr. Erlenbom. Coughlin Hosmer Peyser Mr. Roybal with Mr. Smith of Iowa. Mr. Flowers with Mr. Shoup. Cronin Howard Pickle Culver Hudnut Pike Mr. Rosenthal with Mr. Hawkins. Mr. William D. Ford with Mr. Harvey. Daniels, Hungate Podell Mr. Chappell with Mr. Chamberlain. Mr. !chord with Mr. Guyer. DominlckV. Hunt Preyer Mr. Davis of South Carolina with Mr. Mr. Kluczynskl with Mr. Esch. Danielson Jarman Price, ru. Lujan. Mr. Jones of North Carolina. with Mr. Smith Davis, Ga.. Johnson, Cali!. Pritchard Davis, Wis. Johnson, Pa.. Quie Mr. Dent with Mr. Schneebell. of Iowa.. Mrs. Gr11II.ths with Mr. Guyer. Mr. Litton with Mr. Charles Wilson of Delaney Jones, Ala.. Railsback Dellen back Jones, Okla.. Randall Texas. Mr. !chord with Mr. Dennis. Dellurns Jordan Rangel Mr. Kluczynski with Mr. McClory. Mr. McSpadden with Mr. Badillo. Denholm Karth Rees Mr. Reuss with Mr. Clay. Derwlnski Ka.stenmeier Regula. Mr. Landrum with Mr. Charles Wilson of Mr. Rogers with Mr. Lujan. Reid Staggers Waldie Texas. March 29, 1973 CONGRESSIONAL RECORD- HOUSE 10137 Mr. Roberts with Mr. Esch. Mr. GERALD R. FORD. Mr. Speaker, in order under the Calendar Wednesday Mr. Sisk With Mr. Shoup. would the gentleman yield for an am­ Rule on Wednesday next. Mr. Teague of Tex~s with Mr. King. plification of his comment on the Tues­ The SPEAKER. Is there objection to Mr. Charles H. Wilson of California with the request of the gentleman from Mas­ Mr. Steele. day program? Mr. Wright with Mr. Price of Texas. Mr. O'NEILL. I yield to the distin­ sachusetts? Mr. Mann with Mr. Jones of North Caro- guished minority leader. There was no objection. lina. Mr. GERALD R. FORD. Am I correct Mr. Nichols with Mr. Harvey. that the other body is going to vote at Mr. Flowers with Mr. Leggett. 2 o'clock on Tuesday on the veto on S. 7, PREDATOR CONTROL Mr. Fraser with Mr. McSpadden. and, that as soon as that is considered Mr. Aspin with Mr. Mills of Arkansas. (Mr. RONCALIO of Wyoming asked over there, and on the assumption that and was given permission to address the Mr. Badillo with Mr. Clay. will be Mr. Carney of Ohio with Mr. Passman. it will not sustain, it sent over House for 1 minute, to revise and ex­ Mr. Gaydos with Mr. Reuss. here and we will vote right after that? tend his remarks and include extrane­ Mr. Rogers with Mr. Ullman. Mr. O'NEILL. The gentleman from ous matter.) Mr. Symington With Mr. Udall. Michigan is correct. Mr. RONCALIO of Wyoming. Mr. Mr. GERALD R. FORD. I thank the The result of the vote was announced Speaker, on March 19 the National Au­ gentleman. dubon Society presented testimony be­ as above recorded. Mr. GROSS. Mr. Speaker, will the The title was 31mended so as to read: fore a subcommittee of the House Mer­ gentleman yield? chant Marine and Fisheries Committee ••A tbilil 31uthorizing additional a;ppro­ Mr. GERALD R. FORD. I yield to the priations for the Peace Corps." on predator control bills. With their testi­ gentleman from Iowa. mony they filed for the hearing record a A motion to reconsider was laid on Mr. GROSS. What will be the situa­ the table. supplementary statement on payments tion on Tuesday if this one vote is not made under the National Wool Act and scheduled? }Vill there be any business on alleged "low" grazing fees paid by GENERAL LEAVE at all on Tuesday? livestock producers. Mr. O'NEILL. I would have to say that Their statement, in my opinion, was Mr. MORGAN. Mr. Speaker, I ask there is no business scheduled other than unanimous consent that a.ll Members misleading. Since one of my colleagues the vote on the vetoed bill. published their statement in the CoN­ may have 5 legislative days in which to Mr. GERALD R. FORD. Would the revise and extend their remarks on the GRESSIONAL RECORD, I felt it proper to gentleman clarify this? If we have to publish the rebuttal statement submitted bill just passed sion in wool prices. Why did she fall to list part of the year. the low payments for 1957, 1962, 1963, 1964, Mr. CONTE. Mr. Speaker, I expect The witness says that one-third of the momentarily the annual honor roll of 1965 and 1966, for example? grazing fee is used for range improvements The witness is really attacking the legis­ "which benefit the grazier such as fence the Department of Agriculture: The list lative wisdom of Congress when it enacted bulldlng." She does not state that over one­ of those farms that received subsidy the wool program to provide for situations half of the fencing on Federal lands was payments of $20,000 or more under the of this type and to assure that we have a paid for by the graziers themselves and she Federal Government's cotton, feed viable domestic wool industry in this coun­ falls to mention tha.t range improvement grains, and wheat programs for 1972. try. fees also go for re-seeding, erosion control The lack of knowledge of the witness on A record number of 12,309 farms re­ and other good husbandry practices which ceived subsidy payments of $20,000 or how the National Wool Act operates is shown have ma.de much of the grazing land better by her statement concerning ''the peculiar and more productive than wh3ii it was first more last year for withholding produc­ way in which wool incentive payments are grazed. A good portion of range improvement tion of these crops. This select group re­ calculated." She infers that the large grow­ fees are used for the development of water ceived a total of $411.8 million, which is ers receive more per pound than the sma.ll sources and other improvements beneficial more than 10 percent of all Federal farm growers. This 1s not true. Instead of cal­ to wildlife as well as domestic livestock. subsidies paid in 1972. culating the cents per pound difference be­ Her statements on grazing fees demon­ Total farm subsidies last year were tween the incentive price level under the strate a misunderstanding of the theory and Wool Act and the market price, the dif­ $4 billion, spread among 2.4 mtllion application of the 1966 Western Range Live­ farmers. ference is calculated on a percentage basts. stock Survey. For example, she makes the This one percentage rate (the percentage re­ statement: Contrary to my previous practice, I quired to bring the national average price "The livestock interests did not r;ucceed Will not insert this llst in the RECORD. for wool sold in the free market up to the in having the interest cost considered as an It would ft1l about 90 pages, and the cost incentive level) is applied to the net sales to the Public Printer would exceed proceeds received by each grower to deter­ operating cost when the fee was set, but mine the amount of his incentive payment. other costs including movlr.g animals, lost $15,000. By making payments on a percentage basis, animals, herding, salting and feeding were As much as I would like to make this deducted before the fee was set." list a permanent part of the RECORD, my growers are encouraged to improve the qual­ The costs referred to were not used for ity and marketing of their wool to obtain the purpose of deductions at any time. Fees conscience restrains me from spending the best price possible, because the higher and other cost items are common to operat­ such an exorbitant sum of the taxpay­ the price the individual grower gets in the Ing on both private and public lands and ers' money. free market, the greater his payment. However, I shall make this list avail­ The quality of a man's wool clip rather when computed and compared, conclusively than the size of his operation determines demonstrated that the cost of grazing on able in my office. public lands was higher than the cost of In this time of high food prices, meat the incentive price per pound he receives grazing on private lands. under the Wool Act. If a small ~wer pre­ boycotts, and feed grain shortages, the pares a. better clip of wool, and receives a The witness also latched on to these hear­ magnitude of the Federal Government's better price for it on the open market, the ings as one more opportunity to recite the generosity to the big, rich farmers is return wlll 'be more per pound than that of death in Wyoming of some eagles in 1971. She clearly outrageous. It is time to phase a large grower who prepares a clip of lesser 1s apparently going on the theory of "guilt by association." Because several ra.n.che1'8 were out these welfare-for-the-rich programs, quality. To associate the payment per pound starting right now. with the size of the grower's operations which accused of violating the law she is apparently the National Audubon Society Witness has intimating that the other 175,000 respected I fully support the admln1strat1on's done, is misleading and utterly ridiculous. citizens of this country who happen to be plan to terminate these giveaway pro­ As for "low grazing fees" just what does sheep fa.rme1'8 and ranchers are also gullty grams and unleash the farmers' full pro­ the witness mean by such a statement? of wrong-doing. The National Wool Growers ductive capacity. I have been advocating Grazing fees in many instances are prob­ Association does not condone any violations this for years. ably high for the type of desert and semi-arid of the law; neither do we belleve that law­ The American taxpayer 1s tired of fork­ grazing land that is involved. Much of it abiding citizens should have any stigma of ing over an added $4 btlllon to Uncle requires 100 acres to graze one cow or flve gullt attached to them because they happen sheep. Much of this land would be useless to be sheep farmers and ranchers. Sam every year. The consumer has been and would lie idle 1f it were not for sheep I would like to get this cla.rlflcation on the knifed too long by artificially high food and cattle to convert the sparse grass into hearing record and to state further that the prices. And the farmer 1s ready to be meat and wool to feed and clothe the people type of testimony offered by the Audubon weaned from Federal spoon feeding. of this country. The witness fails to give Society, in my opinion, does 'll0th1ng to assist Mr. Speaker, I respectfully request any credit to the livestock industry for de­ the Subcommittee 1n its earnest delibera­ permission to revise and extend my re­ veloping the economy of these semi-arid tions to solve the predator .problem--'8. prob­ marks. and desert regions, providing taxes for roads, lem which affects not only the sheep produc­ schools and other necessities to many West­ ers which the National Audubon Society is The number of farms that have re­ ern communities and making it possible for attacking, but cattlemen, turkey producers, ceived subsidy payments exceeding $20,- these communities to exist. other farmers and also meat processors who 000 has tripled since 1967. The following The economic theory of the witness with are trying to supply American consumers table demonstrates this remarkable regard to "savings" to graziers on pubUc lands with an abundant quantity of meat at the growth:

TABLE I.-PRODUCERS RECEIVING GOVERNMENT PAYMENTS OF $20,000 OR MORE AND DOLLAR AMOUNTS RECEIVED, 196f-72

1967 1968 1969 1970 1971 1972

Number of producers: Cotton ______------______--- __ ---______3,494 5, 249 6, 194 7, 753 8, 810 9,066 Feed grain ______------80 877 1,482 1, 395 245 1. 855 Wheat______--_-- __ ------542 741 1, 123 1, 223 1, 088 1,388 Total producers ______---- ___ -- ____ .-----_-- ____ --______4,116 6. 867 8, 799 10. 371 10,143 12. 309 Total payments received (million dollars) ____ ------__ ------(1) $266.6 $344.9 $408.9 $350. 1 $411.8

t Not available. Source: ASCS-USDA. March 29, 1973 CONGRESSIONAL RECORD- HOUSE 10139 SELECTIVE SERVICE SYSTEM Vietnam commitment had they been re­ Three programs account for almost 90 quired to go to the Congress for reinstitu­ percent of all farm payments made by question. If, in the future, a President set-aside program, $855,844,734; and the Mr. WHALEN. Mr. Speaker, in 1967 perceives a threat to our national secu­ cotton set-aside program, $808,039,560. four of my House colleagues and I pub­ rity which requires a rapid troop build­ The Department of Agriculture has lished the results of our detailed exami­ up, the draft machinery would become provided figures showing a State-by­ nation of the Nation's Selective Service operative only through an act of Con­ State breakdown of these programs: System. In our book, "How To End the gress. This would represent a shared Draft: The Case for an All Volunteer responsibility between the legislative and TABLE 2.-PAYMENTS TO PRODUCERS BY STATES AND Army," Congressmen FRANK J. HoRTON, PROGRAMS DURING 1972 executive branches for any subsequent RICHARD S. SCHWEIKER-nOW U.S. Sen­ mi)litary developments. (Amounts in dollars) ator--GARNER E. SHRIVER, ROBERT T. It is the hope of every American citi­ STAFFORD-now U.S. Senator-and I ob­ zen that, having embarked upon a gen­ Cotton Feed grain Wheat served that- eration of peace, this eventuality never set-aside set-aside set-aside The draft, however necessary, is inherently will materialize. State program program program 1ncoD1patible with the basic principles of den1ocracy. Alabama __ ------45,663,377 14,401,968 382,935 My cosponsors and I concluded that TAILLIGHT REGULATIONS ~~f:~~a:.~: ::: :::·-- 37~266;2si ----- 4:342~750 ------s3f o4ii the draft should be replaced by an all­ Arkansas______73,539,705 2, 252,133 1, 127,862 eaker, I am today Geor~i.a______35,228,488 34,483,359 1, 299,148 indicated further that such an all-volun­ introducing legislation requiring new Hawau.------4"798-475-- ·3o~757~o34 teer force "would not necessarily be over­ automobile taUlighting regulations de­ wr~o~s------ii2;o86" 211:250:592 23,964,491 representative of the socially or econom­ signed to prevent rear-end related colli­ Indiana.~:======------109,108,214 17,255,~~ Iowa______304,947,571 1,173, ically deprived segments of the U.S. sions which in 1971 resulted in at least Kansas______249 98,479,508 137,2 40, 367 population, but neither is it inappropri­ 2,500 deaths and about 8 mUlion ac­ Kentucky______384,197 26,213, 436 2,212,834 ate for the services to offer an op­ Lo~isiana______35,832,280 ~ 1~~· ~~~ 26~; ~~t cidents. Mame______' 1 748 636 portunity to the deprived to better their The legislation to amend the National Maryland ------6, 524,139 , , economic conditions." Massachusetts______26,665 91 Trame and Motor Vehicle Safety Act is Michigan______34,496, 082 16 , ~, ~g~ It was with considerable pleasure, cosponsored by Mr. BROWN of California, Minnesota ______147,890,208 17,7 , therefore, that I read Defense Secretary Mr. DEVINE, Mr. GmBONS, Mrs. HANsEN Mississippi______108,985,481 9, 207,249 593,491 Elliot Richardson's March 21 statement Missouri______20,800,087 98,121,343 20,2f~·~~ of Washington, Mr. WON PAT, and Mr. Montana______16,539,714 73,2 , indicating that- YATRON. Nebraska ______------______166, 119, 365 54, 003, 504 It wlll not be necessary to extend the draft Nevada______245, 137 70, 759 424, 097 It would require a separate green tail­ New Hampshire______26,289 ------induction authority beyond its expiration light to signal when the automobile is New Jersey______2, 233, 478 634,663 date ot July 1. NewMexico _____ 11,608,951 13,037,539 7,92t·Hg accelerating; an amber light to indicate New York_------8, 997,813 4, 91 , Thus, the all-volnnteer military con­ when the car is coasting, and a red light North Carolina___ 14,636, 933 30, 520, 335 4, 801, 980 cept, for which my four fellow Repre­ to warn that the vehicle is being braked. OhioNorth _ _Dakota______-______------______53,587,06758,597,268 141,243,76419,731,214 sentatives and I pleaded 6 years ago, has The early warning system would be Oklahoma.______20, 936, 518 19, 259, 312 70, ~~ become a reality. True, the conditions ~mandatory on all vehicles built after Oregon ______3,398, 707 13, m·, Pennsylvania______11,690,650 4, 720,855 contributing to the present zero draft August 15, 1973. Rhode Island______1, 517 ------call are dissimilar to those assumptions Since passage of the National Highway South Carolina___ 29,641,579 12, 534,656 2, 1~5, ~~~ South Dakota______57,713,566 40, 7 9, upon which my colleagues and I postu­ Safety Act, a number of significant steps Tennessee______31,246,287 18,365,954 1,541,565 lated our conclusions. Today, termina­ have been taken to reduce the traffic toll Texas ______263,805,941 153,621,378 54, 157,2~~ tion of hostilities in Vietnam has which includes an estimated 56,300 Utah.______1, 197, 602 3, 964, 5 VermonL------101 , 054 738 permitted a reduction in active duty deaths and 16.4 million accidents in 1972. Virginia______308, 608 9, 894, 587 3, 176,372 troop strength from 3,367,000-as of Jan­ The National Highway Trame Safety Washington __ ------5, 823,497 41, 542, 398 West Virginia ------_____ 662, 104 169,353 uary 1, 1967-to 2,309,967. In 1967, Administration has inspired many of the Wisconsin __ _-_:______47,703,703 575,325 however, Messrs. HORTON, ScHWEIKER, improvements in automobile construction Wyoming______1, 354,273 3, 689,286 SHRIVER, STAFFORD, and I reasoned that a and traffic regulations. However, the TotaL____ 808,039,560 1, 845,383,693 855,844,734 higher force level-over 3,000,000-could problem of rear-end collision related ac­ be maintained on a volunteer basis even cidents is an area that deserves im­ "in times of limited war"-such as then mediate attention. Other subsidy programs and pay­ existed. The National Highway Traffic Safety ments made in 1972 were: The administration is to be congratu­ Administration has stated that nearly Extra long staple cotton ______$4,601,882 Sugar Act ______~ated 85,133,583 upon the attainment of President 50 percent of all accidents and 10 per­ National Wool Act______113,139,476 Nixon's goal of an all-volunteer Armed cent of all traffic fatalities are rear-end Milk indemnity------­ 34,127 Force to which so many of us in Con­ collision related. Beekeepers indemnity------6,125,490 gress have subscribed. It is clear that the The cost of rear-end collisions is esti­ Cropland conversion______107,702 Nation derives at least three major bene­ mated by the Library of Congress as in Conservation reserve ______4,966 fits from the accomplishment of this excess of $2 billion property damages, Appalachian region conserva- objective. over a quarter of a million disabled in­ tion ------1, 084, 137 Cropland adjustD1ent______51,509,259 First, by ending military conscription jUries, and 26 million man-hours of pro­ Rural envtronn1ental assist- our Government reaffirms the premise of duction labor, annually. ance ------$181,931,135 individual liberty-freedom of choice­ However safety authorities are gener­ En1ergency conservation______4, 539, 985 the cornerstone upon which our demo­ ally agreed that our means of signalling Office of en1ergency prepared- cratic society rests. between drivers on increasingly crowded ness ------125,200 Second, terminating Presidential in­ streets and highways, are seriously in­ Hay transportation assistance 2,958 Wild hen1p el1D11nation ______duction authority should remove the adequate. Traffic conditions have made VVater baJLk ______2,916 temptation to become involved in poten­ it virtually impossible for drivers to per­ 272,104 tially expansive "brush-fire" wars or so­ form safely and successfully. The grand total for all Federal caliled peace-keeping operations. It can By way of illustration, Dr. John Cros­ agricultural payments in 1972 is be argued that Presidents Kennedy and ley, University of Indiana, proved 10 $3,957,882,907. Johnson might not have accelerated our years ago that, considering such factors 10140 CONGRESSIONAL RECORD- HOUSE March 29, 1973 as travel rate and traffic density, it is areas of air ·pollution and passenger re­ Section I of the Constitution, that it is in­ straint. The time has come to quit talk­ herent, and that it is complete. mathematically impossible to avoid.~­ But they also hasten to add a host at end collisions in emergency condit10ns ing about the problem. Therefore, the other justifl.ca.tlons for their impoundments-­ at peak traffic volume, give~ convention­ following legislation is proposed to assure an action whtch in itself indicates they al automotive safety eqwpmentr-or~:li­ that the appropriate action is taken de­ themselves are still searching for a bedrock nary brake lights. Crosley's research m­ cisively and immediately: authority to do what they want. Impound­ dicated even then that conditions were H.R. 6349 ment has been recently justl.fied. on the steadily worsening. If today's rear-end A bill to amend the National Traffic and Mo­ grounds that appropriations are not manda­ tory, that there was a. need to manage ex­ fatality rate continues, the rear-e~d tor Vehicle Safety Act of 1966 to require fatality toll will increase to approXI­ the establishment of standards related to penditures so as not to exceed the debt ceil­ rear mounted lighting systems ing, that spending of money which might mately 7,500 annually by the end of this result in increased prices or taxes would decade given present rates of travel, Be it enacted by the Senate and House of violate the Employment Act of 1946 which tramc 'density, and our limited human Representatives of the United States of makes it federal policy "to promote maxi­ America in Congress assembled, That (a.) mum employment, protection, and purchas­ response capabilities. Crosley said the section 103 of the National Traffic and Motor solution to the problem is to put green, ing power." Vehicle Safety Act of 1966 (15 u.s.a. 1392) Claims such as these flounder because of amber and red early warning signal is amended by adding at the end thereof the the possibility of satisfying them through lights on the rear of all motor vehicles. following: "(i) the Secretary shall, as soon as other means or of the distinct Presidential The technology is available and eco­ practicable after the date of enactment of possibillty of putting the bug on the Con­ nomical. In the past 50 years hundreds this section, prescribe such standards under gress to resolve these dlffi.culties itself. of patents dealing with taillighting im­ this section as may be necessary to insure Just !because the Executive has found im­ provements have been issued, including that motor vehicles be equipped with rear poundment useful-and sometimes even es­ mounted lighting systems as follows: ( 1) sentla.l-as a. tool to achieve its objectives many of the type that Crosley recom­ with a constant green lig!::t when the motor mended. Nearly all are gathering dust in does not mean that impoundment is a. legal vehicle is moving forward under power from tool as it is used today. the patent files-because the auto indus­ its engine, (2) with a. constant amber light Moreover, the "inherency" of any power try has not responded to the challenge­ when the motor vehicle is moving forward that requires more than 170 years to be­ and the DOT has not paid su:tncient at­ or standing and idling, but not under ·power come apparent is to me dubious. The asser­ tention to the immediate needs of the from its engine, (3) with a. conventional red tion that the President may not spend law­ motoring public. brake light when the motor vehicle is being fully appropriated funds involves the ten­ The plea is heard that the resources of braked through the use of its braking sys­ uous propositions that the President can both industry and the DOT are insu:fH­ tem, and such other information with respect break the laws that he is to faithfully exe­ to such motor vehicles as the Secretary deems cute-for appropriations are laws. cient to handle both accident severity necessary." The best case the Executive has for im­ reduction projects and accident preven­ (b) The amendment made by this sub­ poundment is simply precedent. Since the tion projects simultaneously. section shall take effect no later than Au­ Constitution is a living document, this is not I will go on record with the observa­ gust 15, 1973. a. negligible or unimportant basis to stand tion that a considerable contribution to I urge this Congress to take this impor­ on. accident prevention can be made im­ tant vehicle safety aspect under immediate But the precedents for impoundment are mediately with no strain on any sector. consideration and support its passage with­ being misread and misconstrued today be· out delay. llet us give our motor vehicle cause what those precedents are is not clearl:Y And that is by installation of color-coded safety program the green light and get understood. early warning signals on the rear of on with the job o! saving more lives. Even Associate Justice W1111a.m H. Rehn• newly manufactured vehicles-and by quist, who, I would assume, well under­ encouraging such installations in serv­ stands these precedents, wrote of impound­ ice. EXECUTIVE IMPOUNDMENT OF ment as an assistant Attorney General in DOT is well aware of the demonstrated APPROPRIATIONS 1969: advantages of color-coded accelerator "With respect to the suggestion that the tances which could Congress sums up the present statutory au- When a constituent calls you, as a Member not be anticipated at the time of making thority under the Anti-Deffi.clency Act to of Congress, for help in getting Federal aid such apportionment." impound funds: from a program impounded by the Executfve, lt said nothing about waiving appropria­ "Even as amended it is hard to see how ·I do not advise you to tell htm to come to tions for policy reasons or because of dif­ the language of this section can be inter- Washington to see his friendly OMB man­ ferences of opinion between the Legislative preted to give the Bureau of the Budget your constituent would not understand be­ and Executive branches at the time of ap­ unlimited discretion to apportion reserves. cause he thought that you, the Congressman, propriation. The establishment of reserves is authorized were elected to serve. So, unless we take In 1921 the creation of the Bureau of the •to provide for contingencies, or to effect steps this year to restore Congress as an Budget brought a new step in the impound­ savings whenever savings are made possible equal branch of the government, we may dis­ ment history. The first Director, Charles by or through changes in requirements, appear from the halls of actual government. Dawes, firmly believed that the new agency's greater efficiency of operations, or other de- Unless we take steps towards restoration, purpose was to bring efficient business man­ velopments subsequent to the date on which we will not be able to maintain the faith that agement to bear on federal spending. such appropriation was made avallable.' This those who elected us entrusted to us. Unless Accordingly, he formulated the now oft­ seems to preclude the establishment of re- we do something our words and our actions cited formula that appropriations are not serves simply because of a disagreement of in the Congress will become as "sounding mandatory. But Dawes did not use this for­ policy between the Executive and Legisla- brass and tinkling cymbal''-and maybe little mula as it is used today. Dawes meant that tive Departments on the basis of the facts else. an agency did not have to spend the full existing at the time the appropriation was Another disturbing point about impound- amount of an appropriation-if it could ac­ made." ment is that a bunch of back-room boys complish the same program objectives while The language was clearly not intended to down at the OMB are making the specific 1m­ spending less. authorize the Budget Bureau to frustrate poundment decisions. I think a quote from Mr. Dawes' book, the legislative purpose of the Congress. Read Quite frankly, Mr. Chairman, the Offi.ce of The First Year of the Budget of the United narrowly, it authoriezs no more than what Management and Budget has become the States, makes clear what Mr. Da.wes really Charles Dawes had expounded thirty years "invisible government" of the United States. had in mind: before. This title used to be reserved for the CIA; "I want to say here again that the Budget But the language was broad and was easily but, there is a committee of Congress to bureau keeps humble, and if it ever ·becomes stretched to rea.ch as an authorization of con- oversee the CIA. obsessed with the idea that it has any work trol of the tempo or rate of program imple- To those who think that the President except to save money and improve efficiency mentation in the interests of economy. And himself reviews each OMB decision, I have in routine business it will cease to be useful controlling the tempo or rate of program only to cite the recent proposal to cut dis­ in the hands of the President. Again I say, implementation and controlling the achieve- ablllty payments to Viet Nam veterans. AI­ we have nothing to do with policy. Much ment of the program at all are merely mat- though much blame was placed on the Vet­ as we love the President, if Congress, in its ters of degree. They blend into one another. erans Administration for the proposal, the omnipotence over appropriations and in ac­ But the Hoover Commission which rec- real culprit was the OMB. cordance with its authority over policy, ommended the legislation clearly recom- When the President got full wind of what passed a law that garbage should be mended that the President be granted au- the OMB was doing, we all know that he put on the White House steps, it would be authority "to reduce e:~Dpenditures under ap- quickly withdrew it, for further study. our regretta.ble duty, as a bureau, in an im­ propriations, if the purposes intended by The President may not need enemies with partial, nonpolitical, and non-partisan way, the Congress are carried out." his political friends down at OMB wanting to advise the Executive and Congress as to The impoundments we see today not only to cut disab111ty payments to Viet Nam vet­ how the largest amount of garbage could be transcend in number and scope those of pre- erans. spread in the most expeditious and economi­ vious years, they have an important qualita- Furthermore, even if the Chief Executive cal manner." tive difference. himself went over each impoundment with a Some w~ even today seem to think that The Administration is treating these stat- fine tooth comb, I would be upset. this bickering between the Executive and the utory provisions as though 1lhey represent Unbridled impoundment of funds is plac- Congress is a lot of political garbage, but a blank check to implement whatever pol- ing too much power in one man. believe you me it isn't. icy he sees fit. Now, many say that all the talk about the In the 1930's, this notion that appropria­ In no law h;as the Congress given the Executive running over Congress, of the tions are not mandatory or that money might President authority ;to have final say over Executive gathering power in one man, 1s a be withheld to effect "savings" was broad­ the policy of this land. bunch of hot-air rhetoric. ened by President Hoover under the pressures Some may question if this authority was All of us being politicians, there is prob- of the Depression to withhold funds to ef­ given when we changed the Budget Bureau ably a great deal of truth in the rhethoric fect savings by controlling the tempo or rate to the Office of Management and Budget in criticism. of program implementation. 1970. But I ask permission to include here But there are also some very serious ques- And soon after, in the early 1940's, the in the hearing record the text of the Execu- tions involved. Budget Bureau began to move to effect sav­ tive Order which created the OMB. I want Some say Congress is archaic. Some say ings not simply by controlling the rate or to include it because when one reads it it is Congress does not represent all the people­ tempo of program implementation, but :by tacitly clear that in no way has the OMB that only one Federal offi.cial, who is not even controlling the rate or tempo of program im­ been given authority to set policy. In no elected directly by the people does. Some say plementation, !but by controlling the achieve­ way has the OMB been glven authority to that only the Executive Branch, mostly pop­ ment or execution of particular progra.ms thwart the priorities of the Congress or the ulated by bureaucrats, can control the budg- per se. programs set up by the Congress. et, and thus make policy decisions. Thus, in 1941, President Roosevelt an­ In 1949 the Hoover Commission noted that I say that if these people are correct, then· nounced that 1because of the war emergency the Executive needed more legislative au- let us re-write the Constitution to weaken he was not going to allocate any funds for thorlty for impoundment. I think that is the role of the Legislative Branch. any water resource project that did not have basically the question we face today- As a believer in representative government, an important national defense value. He took whether we will expand that authority or I would fight such a change with all my that next step from shrinking entire pro­ put it back into historical and Constitu- heart; but I would respect an attempt at grams to removing portions of programs at tional perspective. changing the Constitution much more than his own dlscretlon. Mr. Chairman, with the history and legal the backhanded implementation of govern­ And Congressslonal outcry, for the first background ln mind, I wish to state brlefiy ment by one man and his Star Chamber time, was massive and bitter. why I am so concerned over impoundment. through the OMB. As a result, 'by 1950, following the rec­ Last year, I stated that the Congress would Such advocates of one-man rule and Star ommendation of the 1949 Hoover Commis­ wake up and find that everything we legis- Chamber rule exlst ln the highest levels of sion Task Force Report on Budgeting that lated could be meaningless. I warned that we our government today.

. 10142 CONGRESSIONAL RECORD-HOUSE March 29, 1973 I refer the Committee to an J.nterview Dan The Pickle-Ford-Sarbanes-Harrlngton blll clique on a Committee by holding an im­ Rather had with John Ehrltehm.an of the d11fers from the Mahon anti-impoundment poundment message up could dictate the White House. measure in two major respects. course on this all-important matter d! bal­ Mr. Ehrllehman asserted the right of the First, under our blll, the impoundment ance between Congress and the Executive. President to tna.nage the budget, with h1s message 1s placed immediately on the House I feel that 1n the t1na.1 analysis the whole Wh.lrt;e House advisors, not answeraJble to Oon­ and Senate calendars, without being referred Congress should pass judgment on the lm­ gress. to any Congressional Committee. Under the poundmeDit. Dan Rather questioned Mr. Ehrllchman if Mahon blll the impoundment matter is re­ Before concluding, Mr. Chairman, may I this we.s not a drift into "one-mam. rule." ferred to the Approprta.tions Committee of point out that 1113 Members of Congress are Ehrllehman answered, "That's what the both Houses of Congress. co-sponsors of the Piekle-Ford.-Subanes­ President of the United Staltes is, Mr. The second dl1ferenee 1s under our blll Ha.rrington blll, including five members of Rather." the Congress must approve the Impound­ this Rules Committee. Mr. Rather, 1n surprise, replled, "One-man ment for it to take effect for longer than The approach I o1Ier today, I feel, com­ rule?" 60 days. Under the Mahon blll, the Congress bines the best of the Mahon bUl With the Ehrllohm.a.n responded, "Yes, sir. He•s the must disapprove the impoundment for it not !best of the Pickle-Ford.-Sa.rbanes-Harrington only elected officer elected by all the people to take effect for longer than 60 days. blli. of the United stastes. unltke the senators or These are the two major di1Ierenees, Mr. I submit to the Committee a suggested Congressmen.•• Chairman, and before going into what I draft of such an approach. I respectfully disagree with Mr. Ehrllchman, think about these differences, I want to re­ In conclusion, Mr. Chairman. let the Con­ Mr. Oh:a.lrm'an. and I think the Amertca.n peo­ peat a statement that I have made time and gress say to our countrymen, "The 9Sd ple would, also. This country does not need time again. Congress again mAde the United States a an elected monarchy. I have listened to all ideas. If this Com­ coUillliry of government by the people, a gov­ Before addressing myself to my own antt­ mittee believes other approaches will better ernment of three equal branches." tmpoundment 'blll, I would want rto discuss suit the job than mine, I wm listen. Let me A greater gift we could not give to this anJti-1mp DiscLosURE sions which they presently offer retired shortcomings are becoming clearer in the It is clear to me that companies will employees and prospective retirees, but growing body of evidence that builds have to tell employees and Government I am confident we can find a satisfactory almost daily. more about the way their pensions work solution to these objections. Some companies fail, leaving hundreds and are administered. We can no longer If we can achieve these five main or thousands of employees with little or abide the confusion and despair that re­ goals, I think we will have taken a giant no coverage to show for the years they suits from misunderstandings about pen­ step in assuring the future security of worked. This has certainly been the case sion shortcomings, nor can we tolerate the American people, and we will be with Studebaker employees and those the unethical or even highly question­ helping to restore their confidence that laid off by the Penn Central Railroad. able activities of pension administrators. Government can and does fill a vital job In other cases, funds are mismanaged Their investment activities need to be as watchdog of the public interest. by scandalous and unethical practices watched closely by plan participants as In closing, I would add a note of cau­ of speculating in the stock market, or well as by corporate shareholders and the tion. Too often concepts are oversold using the pension funds for the admin- Government. and in trying to treat problems they later istration of union functions. The present Welfare and Pension Plans lead to a new low in disillusionment. To­ Some employees are fired before their Disclosure Act is sufficiently general as day employees pay directly only $1.5 bil­ pension funds are vested as a way of to be useless in pinpointing misconduct. lion of the $14 billion contributed to pen­ saving the company money. sion funds in their name. Reform will be Employees change jobs voluntarily, or What proves the point is the number of costly, and either the present level of because of involuntary conditions such classic cases of union and corporate mis­ benefits will be spread thinner across as a bad job, a poor supervisor, or dan- use of the trust they hold in employees' more retirees, or today's employees will gerous working conditions. pension funds, and the slow response in be bargaining less for an increase in di­ While there are many problems to be tracking down these abuses. Unquestion­ rect wages and more for a contribution addressed, I would like to focus on a list ably, some funds, and their uses, need to their pension fund as a substantial of five key problems that I believe must watching. part of their wage package. Nonetheless, be solved above all. FUND MANAGEMENT we should not be deterred in finding or <1 > vEsTING The impact of $153 billlon in pension enacting a just and necessary solution. Vesting is probably the single most funds on the securities market cannot We must pass a strong, workable, and troublesome item for the retired Amer- be ignored by Government. There should responsible pension reform. bill. 10146 CONGRESSIONAL RECORD-HOUSE March 29, 1973

FORMER SPEAKER JOHN McCOR­ most strongly about was a questioning of PROCESS~G DECL~S MACK AT MEDFORD HIGH the significance of student government, and Federally inspected packing plants proc­ also the feasibility of Congress Wielding real essed 208,000 head of cattle on Monday and The SPEAKER pro tempore. Under a power against an extremely powerful central Tuesday, 21,000 less than a week earlier. The previous order of the House, the gentle­ executive figure. 632,000 hogs slaughtered was down from 641,- man from Massachusetts (Mr. O'NEILL) McCormack said "absolutely that govern­ 000 in last week's first two days. is recognized for 5 minutes. ment of all sorts, in every walk of life, is Farmers shipped 32,100 hogs to the 11 Mr. O'NEILL. Mr. Speaker, it is always vitally important, and that government at major Midwestern marketing terminals yes­ high schools, and this includes Student terday, down from 37,600 a week earlier and a pleasure to hear that our former Councils as well as "reps", are the very roots 48,300 a year before. Liverstock men said Speaker John McCorma~k is enjoying of a. democratic society. that even the reduced supplies could only an active and healthy retirement, and I "The great democratic government must be sold at sharply lower prices. They noted was especially pleased to read a recent have factions such a.s students getting to that hog prices at interior markets also were account of the Speaker's appearance at know their school laws, for this is the springs, sharply reduced. Medford High School in Massachusetts. he said. McCormack also said he believes im­ Price weakness 1n the wholesale pork trade From a news story by Peter Theroux, plicity in the democratic system, a.nd feels during the previous tour or five sessions at­ "absolutely" that the government can both tracted some buyers. Hams needed to fill the we learn that the Speaker is as tireless uphold the law and be fair. He stressed that Easter trade sold at 62 cents a pound, up 1¥2 as ever. Mr. Theroux reports in the Med­ faith, from legislators as well as citizens and cents from Tuesday. With chain stores featur­ ford Daily Mercury that John McCor­ students, is "wholly necessary." ing pork loins, some buyers wanted to replen­ mack stressed the continuing need for a At the end of the period, when it was time ish stocks and they paid 64 cents a. pound for strong legislative branch of Govern­ for the students to return to their classes, the cut, two cents more than Tuesday. The ment. "Therein" he told the students, the elder statesman was greeted With a. thun­ price, however, was still 16 cents below the "lies the true power of the people and derous round of applause from all. record a month ago. He stayed a bit longer than planned, after Live hog prices yesterday were down as the democratic spirit of the country." school hours, speaking With faculty and Med­ much a.s $10 per 100 pounds from the record How true and timely this reminder from ford officeholders for some time, before end­ two weeks ago. our friend and former Speaker. ing the day With his return home. Chicago cattle, hogs, pork bellies, soybean I know John McCormack's friends will meal and soybeans dropped their respective be interested in the account of his ap­ price limits when trading started yesterday. pearance in Medford, and I include the CONSUMER REVOLT As the day progressed, these commodities article at this point in the RECORD: The SPEAKER pro tempore. Under a recorded extremely nervous price movements. [From the Medford (Mass.) Daily Mercury] For cattle, live hogs, pork bellies and soybean previous order of the House, the gentle­ meal it was the third day of limit declines. "MR. SPEAKER" BIG Hrr AT MEDFORD HIGH man from Connecticut rmack felt handlers said. The administration rexnains "totally and March 29, 1973 CONGRESSIONAL RECORD-HOUSE 10147 completely opposed" to a. .Senate-adopted by various politicians, economists and con­ discontinue the special when its wholesale amendment that would impose rent controls sumer groups--to get people to sacrifice meat price for chicken jumped to 44 cents a. in areas where vacancy rates are low, the next week 1n an "April Fool's" boycott in the pound. memo said. Earlier this month, the Senate hope of driving meat prices down. THREE HOURS FOR FISH approved a. one-year extension of the wage­ But housewives have begun to demon­ In the Washington, D.C. area., Giant Food price authority but attached this rent­ strate their power even before the boycott Inc. advertised a. special on fish. The super­ control provision. begins, and there's increasing evidence that market chain was inundated with shoppers The administration memo also was sharply their muscle is being felt where it hurts-­ anxious to stretch their grocery money-so critical of a. proposal by House Banking in the pocketbooks of supermarkets, meat anxious that many waited as long as three Committee Democrats that would impose a. packers and livestock growers. Supermarket hours in line. 60-day freeze on all prices and interest rates. chains report consumers are buying less meat But switching to tuna. shortcakes or cheese "In addition to being contrary to the Pres­ and cheaper cuts. A number of Midwest meat souffies doesn't completely ease the pinch on ident's goal of decontrolling the economy, a. packers have curtailed their operations a.s a. the consumer's pocketbook. Wholesale prices freeze is not warranted or justifiable on eco­ result of the decreased demand, wholesale of American cheese, for example, have nomic grounds," the memo stated. beef prices have slipped a. bit, and hog farm­ jumped to 68 cents a. pound from 63 cents a In response, however, most of the Repub­ ers are already panicky a.t plunging whole­ pound a. year ago and extra large eggs have llcans warned Mr. Dunlop that the only way sale pork prices. risen to 53 cents a. dozen from 39 cents a year to avoid these measures is through dra­ "The consumer resistance to present high earlier. matic and tough action to curb spiraling prices of .meat is real, and it's making itself "The real problem the housewife is facing prices. "We really gave him a.n earful," said felt in the marketplace," says Emerson E. is that there are no attractively priced meat one Republican Congressman. Brightman, executive vice president of Grand alternatives," says Tim McEnroe of the Na­ MEANY ASSAll.S PHASE 3 Union Co., a. supermarket chain. "Shoppers tional Association of Food Chains. "Meal are buying thinner steaks, smaller roasts and money has got to go someplace, and every­ At the full committee's public hearing on stretching their meat over more meals a. the controls legislation yesterday, AFL-CIO thing is in short supply." week." Because the housewife has nowhere else President George Meany sharply assailed "SITUATION Wll.L GET WORSE" Phase 3 and urged the panel to impose strict to turn and is receiving little satisfaction controls on food prices, rents and interest As housewives mix soybean fillers into their from her government representatives, she rates. Speaking more harshly against the hamburger meat to stretch it further, super­ seems to be enthusiastically embracing the Nixon administration than has been his cus­ market chains report a sharp drop in meat meat boycott movement. Although in a. prac­ tom lately, the labor chieftain warned that sales. A survey of 16 major supermarkets con­ tical sense avoiding meat wm lead to higher if Congress falls to act, "workers and con­ ducted two weeks ago by The National As­ prices for fish and nonmeat products, the sumers will be stampeded by food prices, sociation of Food Chains showed, for in­ boycott seems at least to be providing an gouged by landlords, fleeced by money-lend­ stance, a 2% to 15% plunge in the weekly emotional outlet for pent-up shoppers' frus­ ers, and squeezed. amount of beef sold. As a result, packers are trations. Mr. Meany listed several specific actions he being forced to cut back their opera.tio:ils. And the anger of the consumers is very said Congress should take in the wage-price Iowa. Beef Processors Inc., the Nation's larg­ real. Last Saturday, for example, Mr. Mc­ legislation. These included a reimposition of est beef packer, currently operates a.n eight­ Enroe, after promising his children a rib rent controls and a rollback of recent inter­ hour shift at most of its plants down from roast for dinner, traipsed off to a. local gro­ est-rate boosts, to be followed by cellings on the 10-hour days worked recently at some of cery store. With rib roast in hand, he lined these rates and provisions to allocate avall­ its slaughtering plants. Needham Packing Co. up a.t the checkout counter. Spotting the able credit. He also insisted on "temporary last week closed two of its four beef slaugh­ roast, his fellow shoppers began muttering direct controls on prices of raw agriculture tering houses, and Spencer Foods Inc. says ominously and for a. while there, Mr. Mc­ products," which are currently exempt from it has cut back to "minimum" work hours Enroe says, he wasn't sure whether he would controls. at two slaughter plants. get out safely. Spiraling food prices could hurt the out- "I think the situation will get worse be­ In preparing for next week's official boy­ . come of this year's wage settlements, Mr. fore it gets better," says Gerald L. Pearson, cott, supermarket chains are keeping a tight president of Spencer. He reports a 25% to Meany warned. If these prices "aren't brought rein on orders for meat products. They're down, there is no way union members are 30% drop in meat demand. cutting back particularly hard in areas such going to let their unions settle for a. wage in­ In reaction to the drop in demand from a.s Washington, D.C., and Los Angeles, where crease that won't even pay for their increased packers, hog farmers have hastily begun to the boycott is expected to be particularly food bill," he declared. liquidate stocks. effective. Supermarket executives expect con­ He further contended that Congress should "A panic has set in among hog producers," sumers on both coasts will be more receptive impose an excess-profits tax on corporations, comments Paul McNutt, an Iowa City farmer to the idea. of boycotting meat than their though he conceded this doesn't fall within who says he sold some 210 pound hogs for traditionally less miUtant counterparts in the Banking COmmittee's jurisdiction. He $35 each three days ago rather than waiting Midwest and Southern areas. called for continuing congressional review of to sell them when they're heavier. No one, however, can predict how effective Phase 3 and also urged the House to adopt a RUNNING FOR COVER or widespread the April Fool's boycott will Senate-approved amendment exempting all be. The first week in any month is when On Tuesday alone, live hog prices in the many people get their paychecks and are in workers who make less than $3.50 an hour Midwest tumbled a record $3.75 per 100 from wage controls. a. buying mood, and it's harder to pass up pounds, winding up $6 to $6.50 per 100 pounds steak when there's cash in your pocket. While insisting these changes are necessary below the historical highs of two weeks to make Phase 3 equitable, Mr. Meany said, If the meat boycott is more successful and earlier. And they fell even lower yesterday, lasts longer than retailers counted on, super­ in response to questions, "I'd really like to to as much as $10 below recent highs in get back to where we were before Phase 1." market chains will be stuck with a. lot of some markets. (For further details see Com­ fresh beef that wm spoil fairly rapidly. Tra­ He strongly attacked the administration and modities column on page 26.) Federal Reserve Board Chairman Arthur ditionally, meat sales account for some 25% The sudden plunge had old livestock hands of all grocery-store sales, and the industry­ Burns for allegedly relying heavily on higher shaking their heads with disbelief. "The interest rates to curb inflation. already in a. profit squeeze-can ill afford drop in prices has been psychological-every­ another setback. One supermarket executive Mr. Meany also said he is "confused" over body's running for cover," says one hog pro­ the actual Phase 3 wage control policies. predicts: "If the supermarket chains are ducer who adds that he plans to wait out the hurt by the boycott, they'll start marking Labor leaders have privately been told by panic. administration officials that there isn't any up groceries. They'll mark up cheeses, fish More experienced packers, or more cynical and everything else. The money has to come "single wage standard" in Phase 3, but other marketers, think consumers will soon have officials have insisted that a 5.5% guideline from another source to keep the stores their fill of peanut butter-and-jelly sand­ operating." remains in effect. wiches and wlll return to buying meat no matter what the cost. Says one packer who STORES, PACKERS, FARMS BEGIN To FEEL IM­ views the current resistance to high meat CAMBODIAN BOMBING CONTINUES PACT OF HOUSEWIVES' OUTRAGE-DEMAND Is prices as temporary: "Once people have had FALLING MARKEDLY; SLAUGHTERING Is CUR­ their fun and games, they'll go right out, The SPEAKER pro tempore. Under a TAn.ED; HOG PRICES IN RECORD DROP-BUT restock their freezers and create higher de­ previ'ous order of the House, the gentle­ How LoNG WILL TuNA Do? mand." woman from New York (Ms. ABZUG) is (By Mary Bralove) In fact, no matter which way shoppers recognized for 10 minutes. "Let 'em eat tuna casserole." turn for a. better buy, their demand creates Ms. ABZUG. Mr. Speaker, now that the The phrase may lack that old revolu­ a. spiraling price. For instance, in the New tionary ring, but it seems to be catching on York area., the Great Atlantic & Pacific Tea. long agony of Vietnam appears to be nonetheless. It's the cry of the American Co. last week featured 2~-to-3~ pound ending, it is tempting to sigh with relief housewife as she battles soaring meat prices. chickens for 39 cents a. pound; A&P had paid and turn to the pressing problems of Scattered groups around the country have a. wholesale price of about 38 cents a. pound. our own Nation. launched a Widely publicized effort--backed The chain sold a. lot of chicken; but had to Unfortunately, appearances are decep- 10148 CONGRESSIONAL RECORD- HOUSE March 29, 1973 tive: the war is not over, and the United mean, in effect, an assumption of Presiden­ subtracting the final figure in step (4) States is still deeply involved in the con­ tial authority to invoke the devastating from the tax computed in step (2). power of American air forces wherever and To be eligible to use these averaging flict in Southeast Asia. Every day our whenever a. government which enjoyed White bombers devastate the lovely land of House sympathy was in trouble. provisions, the taxpayer would have to Cambodia, just as they devastated Viet­ Failure of Congress to assert its own con­ suffer a reduction in income of at least nam for so long. stitutional prerogatives promptly and force .. $3,000, as compared to 80 percent of the Defense Secretary Richardson calls fully could result in continuing unauthor­ 4-year base period average. Also, he Cambodia "kind of a lingering corner of ized bombing in Cambodia. and would estab­ would have to include in income unem­ the war " which we will continue bombing lish a. perilous precedent for future Presi­ ployment benefits not otherwise taxable. as long'as the Lon Nol government "re­ dential intervention in trouble spots around For example, if a worker with an aver­ the world, not excluding an already threat­ age base period income of $18,000 were quests" our help. William Sullivan, a ened resumption of American hostillties in State Department official reportedly said Vietnam. laid off for part of the year, and his tax­ that the justification for the bombing is able income plus unemployment compen­ "the reelection of President Nixon." Peo- sation amounted to $10,000, his savings N' t b DOWNWARD AVERAGING-TAX EQ- under the bill would be $60. If he had ple who voted for Mr. lXOn mus e UITY FOR THOSE WITH DIMIN- surprised to know that. no income-and no unemployment com­ The President supposedly has two ISHING INCOMES pensation-his tax savings under the bill laWYers frantically trying to come up The SPEAKER pro tempore. Under would rise to $668. with a constitutional justification for a previous order of the House, the gen­ The following table illustrates the ef­ the bombing. He would not :find one. Lilre - tleman from Illinois (Mr. RosTENKow­ fect of the bill: the rest of the Asian war, this interven- sKI) is recognized for 5 minutes. ASSUME TAXPAYER, FILING JOINT RETURN, WITH $18,00 tion has never been authorized by Con- Mr. ROSTENKOWSKI. Mr. Speaker, I AVERAGE BASE PERIOD INCOME gress. With the last of our troops and have taken this special order today to POW's coming home from Vietnam, that discuss legislation that I have introduced Current year taxable income Tax savinc excuse can no longer be made. along with my colleague, the Honorable plus unemployment com- Tax und~r Regular from the The real purpose, obviously, is to dem- JAMEs v. STANTON, which would amend pensation the b1ll tax bill onstrate American support for the mili- the Internal Revenue Code ·to allow tax­ $10,000...------$1,760 $1,820 $60 tary regime which controls Cambodia. In payers who have had sharp declines in $8,000 ____ ------1,260 1, 380 120 other words, we are now doing in Cam- income to benefit from the same averag­ $6,000 ___ ------760 1, 000 240 $4,000 ____ ------260 620 360 bodia precisely what we did for so long ing provisions that are now available $2,000 (credit) ______228 290 511 in Vietnam-bombing and kill1ng daily only for those individuals who have had 0 (credit) ______668 0 661 in order to prop up an unwanted govern- significant increases in their income over ment in an Asian country. How long can previous years. Persons who have a reduction in in­ this go on? This legislation is embodied in two come due to retirement would not be The New York Times today editorial- bills, H.R. 2416, and H.R. 3168, which we eligible to use these provisions. Retired izes on the same question. I include their introduced in the opening weeks of this persons already receive a number of sub­ editorial at this point: session. They would permit a taxpayer stantial tax breaks under the revenue OUT, BuT NoT OUT who suffers a reduction of income to, laws such as the exclusion of social se­ The expected return today of the last in effect, average his income for that curity benefits and the retirement in­ American combat troops and prisoners from year with his income from a 4-year base come credit. Also, retired persons gen­ Vietnam should be an occasion for universal period. Such a taxpayer may be said to erally have diminished family responsi­ relief and rejoicing, marking the end of the have overpaid his taxes during the 4-year bilities and an opportunity to plan for long and anguished United States interven- base period. Under the bill, he would re­ retirement. tion in Indochina.. To most Americans it is cover this "overpayment" through re- inconceiva.ble that this country would again . d The primary purpose of this bill is to become mllita.rlly involved in a. regime so duced. taxes m the ~urrent year, an. in help persons who have no opportunity remote from any vital national strategic some mstances he might even be entitled to plan-for example; those persons out interest. to a refund. It is estimated that, if this of work because of a plant shutdown; And yet intervention persists. United bill had been in effect for calendar year workers who are laid off; and families States m111ta.ry aircraft based in Thailand 1971, Federal individual income tax lia­ where a wife quits work in a given year continue to devastate the countryside of bilities would have been decreased by Cambodia. in support of a. shaky mmta.ry about $335 million assuming everyone to give birth to a child. regime The White House says this bombing . . . ' · d th Persons who elect to take advantage will c~ntinue until communist forces in ellgible for downside averaging un er e of downside averaging would have to cambodia. stop their mllita.ry operations and bill would have elected to use this forgo certain other tax benefits, for agree to a. cease-fire, which at the moment procedure. example, the alternative capital gains tax appears to be an extremely remote possibility. What we are trying to do here is re- and the exclusion of tax-exempt interest Any further American mllita.ry action irl store reasonableness to the tax laws, on bonds. In most cases these provisions Cambodia. after the completion of disengage- which supposedly are based on the prin­ will not affect persons whose primary ment from Vietnam would raise the most ciple of progressive taxation-the more serious constitutional questions. Following th Th b · source of income is wages from employ­ repeal of the Tonkin Gulf Resolution, Presi- you earn,. e more you pay. eo VlOUS ment. dent Nixon's sole justification for operations corollary IS that, the .less you earn, the On the whole, the result of this bill 1n Indochina. has been his alleged powers as less you should be obhgated to pay. would be to allow individuals who suffer President and Commander in Chief "to pro- It does not make sense to me that all a reduction in income to receive credit teet American forces when they are engaged the breaks in this area go to people who for taxes paid in years in which income in m111ta.ry actions." Even this dubious really should pay higher tax in a year was higher, thus lowering their taxes in claim evaporates with the departure of the when they can best afford it--while at the current year. last United States combat soldier from the same time, others who can least af- As a member of the Ways and Means Vi;~n~:· neither the Defense nor the state ford. it, ~cause of bad breaks, get no Committee which is presently considering Department has been able to come up with cons1derat10n at all from the law. potential changes in the Internal Rev­ a. substitute justification for what is going Under our proposal, the tax is com­ enue Code, I am sponsoring this legis­ on in cambodia. although a. State Depart- puted by (1) determining the average lation because I feel that it will bring ment official reportedly told Congressional income for the base period; (2) com­ about greater equity in our tax system aides that his department had two lawyers puting the tax on 80 percent of that for those who has suffered sharp declines working on the problem. White House Press amount; (3) subtracting the current in income. I ask that my colleagues on Secretary Ronald Ziegler ha.s lamely ex- year's income from 80 percent of the the committee and in the Congress con­ pla.ined that the heavy da.t.~y bombings are average base period income to determine sider the possibilities of this legislation, being conducted because the Cambodia~ the amount of the reduction in income; both now and when my colleague JIM Government has asked for our air support. (4) computing the marginal tax on one- That is a. doctrine for Presidential inter- STANTON comes before the Ways and vention in foreign con.fUcts that m.ust not be fifth of the reduction in income and Mean Committee on Aprll 17, 1973, to allowed to stand unchallenged. It would multiplying that tax by 5; (5) and by testify on its behalf. March 29, 1973 CONGRESSIONAL RECORD-HOUSE 10149 IN SUPPORT OF DOWNWARD downward averaging is inserted in order tion of Revenue Sharing Funds because our AVERAGING to eliminate the discrimination which is Community is called "Town of Irvington." inherent in any one-way averaging. We need your continued help in receiving The SPEAKER pro tempore. Under a funds, to stabilize our Community and to re­ Our legislation, which, of course, would lieve the tax burden that has become a noose previous order of the House, the gentle­ only apply to individual taxpayers as are man from Ohio (Mr. JAMES V. STANTON) so tight that we cannot breathe. defined under section 1303 of the At this point, I am giving documented evi­ is recognized for 5 minutes. Code, would cost far less than does the dence that Justifiably, Irvington can boast Mr. JAMES V. STANTON. Mr. Speak­ existing averaging provision. In addi­ with pride on matters where Federal Funding er, I would like to associate myself with tion, it would provide relief to a far more are concerned. We boast of one of the best the remarks of the gentleman from deserving segment of taxpayers, that is, administered Housing Authority's in the illinois (Mr. ROSTENKOWSKI) on the Country, and I am sure the records wm verify those whose income is on the decline, my statement. I boast of our unique program need for downward averaging to pro­ rather than those who resort to averag­ mote greater equity in the tax laws. known as the South Ward Improvement ing merely as a means of softening the Project, N.J. E-11, with these documented Although I will appear before the impact of higher taxes which are the figures as of March 9, 1973: Ways and Means Committee next result of a far more productive year. month to explain our proposal in greater Non- detail, I would at this point, like to out­ Resi- resi- Dweii- line what I believe are some of the chief Struc- den- den- ing EXPERIENCE OF mVINGTON, N.J., tures tial tial Mixed units arguments in support of our proposal. ON CODE ENFORCEMENT AND Our legislation would impart a re­ REHABILITATION PROGRAM verse twist to income averaging. This Total in area and in- spected to date ______2, 069 1,857 131 81 4,362 tax-saving device, long ensconced in the The SPEAKER pro tempore. Under Total closed ______1, 730 1, 554 118 58 3,546 Internal Revenue Code, currently has a a previous order of the House, the gen­ Balance to be re-in- spected or awaiting thrust only in one direction. It is avail­ tleman from New Jersey

House and Senate passed the Rehab111tation they are difficult to rehabilitate for employ­ AUTHORIZATION LEVEL Bill unantmously. ment. The vocational goal for these people The revised 1973 version of the blll au­ In 1973 the Senate (by a vote of 86-2) and has not been eliminated by this modest new thorizes programs of $2.6 blllion over the the House {by a vote of 318-57) passed the program for the severely handicapped. If a next three years, which is $930 million less Rehab111tation Bill With an authorization vocational goal is found possible, these in­ than the vetoed blll of $3.5 billion, but ap­ of over $900 million below the amount in the dividuals will be transferred and provided proximately $200 million more than the Pres­ 1972 vetoed bill. (The House Education and services under the regular state program. For ident's fiscal '74 budget request. Labor Committee had reported the 1973 bill the few who are incapable of employment, APPROPRUTION LEVEL by a 33-1 vote). this new program will hopefully assist them Benefits of VocattonaZ Rehabilttatton: in becoming more self-sufficient, often en­ The legislation is an authorization blll Benefits of the national rehab111tatton pro­ abling other members of the family to re­ only. The actual level of spending wlll be gram relative to costs are conceded by all to enter the work force. determined later after thorough review by be extremely high. Over three milUon handi­ Objection: The few opponents of the bill the Congress in the appropriations b1lls. In capped Americans have been returned to pro­ argue that it would create a proliferation of the current year the authorization level was 'tluctive and meaningful lives because of as­ new categorical grant programs and bureau­ $913.2 mlllion and the appropriations totaled sistance from the program. In fiscal year 1972 cratic structures. $676.5 million (under a continuing resolu­ alone, the estimated annual earnings of the Answer: The truth is that Title II pro­ tion). 326,138 individuals rehab111tated total $1 bil­ grams for severely handicapped are special Mr. Speaker, I also insert a statement lion, a net increase of $750 mi111on in earn­ project programs aimed at stimulating state by Mr. E. B. Whitten, executive director ings from the time the individuals entered and local effort with the idea that they will the rehab111tation system. be absorbed into the basic program at a later of the National Rehabilitation Associa­ The Rehab111tation Services Administration date. tion, with reference to the President's estimates that, in addition to this contribu­ The bill does create several national com­ veto of S. 7, along with a listing of the tion to the GNP, these individuals, at a mini­ missions, such as The National Commission national organizations that are urging mum, Will be contributing approximately on Transportation and Housing for Handi­ Congress to override the President's veto 5% of their income, or $58 milUon, in taxes capped Individuals, as well as a voluntary of this critical legislation. And I include to Federal, state and local governments. And system of state advisory councils on problems with Mr. Whitten's material, also, Mr. these figures do not reflect the approximately of the handicapped. None of these commis­ Speaker, his association's analysis of the e33 milUon in savings to Federal and State sions are to have any Federal budgetary or governments in 1972 caused by removal of administrative authority. Nearly every wit­ Rehabilitation Act of 1973 and its im­ many rehab111ta~d persons from the public ness before congressional committees has portance to the handicapped people of assistance rolls. stressed the need for such commissions to America. Need for Rehabilitation Bill: There are an insure that minimum standards, such as ade­ The material follows: estimated seven to twelve million handi­ quate bathroom facilities for the handi­ STATEMENT OF E. B. WHITI'EN, ExECUTIVE DI­ capped individuals in the nation who have capped in public buildings, are adequately RECTOR OF THE NATIONAL REHABILrrATION not realized their vocational potential. With met. AsSOCIATION, ~CH 27, 1973 the level of funding authorized in the Re­ The organizations of and for the handi­ hab111tation Blll just vetoed, rehabilitation OFFICE OF JOHN J. MCFALL, MAJORITY WHIP-­ capped listed at the end of this release join services could be provided to a total of ap­ HISTORY OF THE REHABILITATION ACT 01' in urging Congress to override the Presi­ proximately two million handicapped indi­ 1973 (S. 7) dential veto of S. 7, the Rehabllitation Act viduals over the next two fiscal years using ACTION BY 92D CONGRESS Amendments of 1972. today's per case cost. This would leave at Programs financed under this Act are the least five million handicapped persons who, Passed House March 20, 1972, unanimously (327~). principal dependence of physically and men­ at today's spending level, would not be tally handicapped youth and adults who served. Passed Senate September 26, 1972, unani­ mously (7~). want to become employable. This legislation The simple fact is that we have a long way contains authority for the state-federal voca­ to go to meet the needs of our disabled fel­ Pocket Vetoed by President October 27, 1972, after Congress adjourned. tional rehabilitation program, rehabilitation low citizens. facilities, research and training. ADMINISTRATION OBJECTIONS AND ANSWERS ACTION BY 92D CONGRESS All of the organizations listed have ap­ Objection: The few opponents of the Re­ Reported by Senate Labor and Public Wel­ pealed to the President to sign the legisla­ habilitation Blll argue it is "fiscally irre­ fare Committee February 26 by a 16 to 0 tion but without avail. In fact, it is not sponsible." vote. clear that the messages even got to the Answer: In order to meet Administration Reported by House Committee on Educa- President. objections, the authorizatign was reduced tion and Labor February 27 by 33 to 1 vote. The legislation was enacted by Congress more than $900 mlllion-from $3.477 billion Passed Senate February 2a by 86 to 2 vote. in 1972 following lengthy hearings. The bi­ to $2.6 billion-a cut of more than 25%. Passed House March 8 by 318 to 57 vote. partisan nature of the legislation was dem­ Furthermore, the authorization for fiscal Conference Report adopted by voice vote in onstrated by the fact that it passed without year 1973 ($913 million), is lower than the both Houses March 16. a dissenting vote in either branch. The ex­ authorizations for FY '71 and '72 ($1,010 and Sent to White House March 22. ecutive branch, now, seems to be attempting $1.010 blllion respectively) . Vetoed by President March 27. to make a pa.rtisa.n issue of legislation which Objection: The few opponents of the blll BILL SUMMARY has always been strictly bipartisan. The argue that it duplicates services already The Rehab111tation Act of 1973 revises, ex­ issues raised by the executive have little available under Medicare or Medicaid. tends and improves programs for the handi­ basis in fact. An attachment to this release Answer: The types of medical services capped previously authorized under the Vo­ will clarify these issues. available to the handicapped vary from state cational Rehabllitation Act. Established by All of the organiza.tions joining in this to state and usually do not include the spe­ Congress in 1920 and extended six times effort deplore the use of legislation for hand­ cific help which the disabled person neeas. since, the vocational rehab111tation program icapped individuals for a confrontation With In addition, the Medicaid program does not provides a variety of services as needed to Congress, especially, since the issues have offer a disabled client the range of rehabili­ physically and mentally handicapped persons very little validity. tation services, such as counseling and train­ to prepare them for employment. These con­ ing, which handicapped people need to move tinuing services include, among others: hos­ NATIONAL ORGANIZATIONS URGING OVERRIDE OF back into the work forces. Stlll further, Medi­ pital diagnosis and care for the handicapped; PRESIDENTIAL VETO OF S. 7 care payments are made only to persons cov­ placement services to assist handicapped in­ ered under the Social Security law. Many American Association on Mental Defici- dividuals to secure and maintain employ­ ency. handicapped persons are not covered by so­ ment; maintenance and transportation as cial security. American Council of the Blind. appropriate during rehab111tation. American Foundation for the Blind. Objection: The few opponents of the bill Title II of The Rehab111tation Act of 1973 argue that it diverts rehabilitation from its American Congress of Rehabilitation Med- creates a new formula grant program to as­ icine. basically vocational objective. sist States in establishing programs for blind Answer: By the addition of a new title American Association of Workers for the persons and those suffering from spinal cord Blind. (Title II), this bill merely makes explicit a injury and kidney disease who may be unem­ commitment to persons with severe handi­ American Personnel & Guidance Assoc./ ployable. Title II amounts to approximately American Rehabllitation Counseling Associ­ caps which the Administration itself ex­ 5% of the total authorization under the Act. pressed during committee hearings. (Note: Benefits of the Act relative to costs are ation. This new Title is authorized separately and conceded to be high. It is estimated tthat the American Speech and Hearing Association. amounts to less than five.percent of the total total annual earnings of the 326,138 indi­ American Occupational Therapy Associa­ Vocational Rehabilitation program). viduals rehab111tated in fiscal year 1972 are tion. Many severely handicapped people covered at about $1 billion, a net increase of $750,­ American Physical Therapy Association. by the new program are today refused as­ ooo,ooo of earnings from the time the indi­ Council of Rehabilitation Counselor Edu­ sistance under the present program because viduals entered the rehabilitation system. cators. 10154 CONGRESSIONAL RECORD-HOUSE March 29, 1973 I

Councll of State Administrators of Voca- to individuals for whom a vocational goal REHABILITATION ACT AMENDMENTS (S. 7) tional Reha.blllta.tion. may not be feasible in the beginning. This FACT SHEET Councll of Orga.niza.tions Serving the Deaf. will be extremely valuable to the state agen­ WHAT S. 7 IS Councll for Exceptional Chlldren. cies in allowing them to accept more severely Goodwlll Industries of America. disabled persons. It will in no way dilute the 1. S. 7 is the Reha.blllta.tion Act Amend­ emphasis on vocational reha.bllltation, since ments of 1972, passed unanimously by Con­ International Association of Reha.blllta.- gress in 1972, vetoed by the President, and tion Fa.clllties. the goal is that as many of these very severe­ National Reha.blllta.tlon Association. ly disabled persons as possible wlll move repassed this year by a. vote of 318-57 after National Easter Seal Society for Crippled into the regular vocational rehabllltation substantial reduction in appropriation au­ program. Since ·money for this program is thority. Children and Adults. 2. This blll extends appropriation authority National Federation of the Blind. earmarked, it can do no damage to the reg­ ular vocational reha.bil1tation program. for programs under the Vocational Rehabili­ National Association of Hearing and tation Act for 1973, 1974, and for some pro­ Speech Agencies. 7. An improved definition of scope of voca­ tional rehablUta.tion services and an im­ grams for 1975. All appropriation authority; National Association for Retarded Chil­ expired July 1, 1972. $50 mlllion in appropria­ dren. proved and expanded definition of the hand­ icapped individual is found in the new leg­ tions for the current year are being held up National Association of State Mental awaiting passage. Health Program Directors. islation. Although the change in these defini­ tions is not a. matter of great emergency yet, 3. The major change in the concept of National Association of Physically Handi­ rehabilitation services under this act is capped. it will be very helpful. 8. The legislation provides for a Rehablll­ added emphasis on vocational rehab111ta.tion National Association of the Deaf. services to the very severely disabled. National Reha.blllta.tlon Counseling As­ tation Services Administration in the Depart­ ment of Health, Education, and Welfare with 4. The bill includes special project pro­ sociation. grams to serve the older blind, spinal cord National Association of Coordinators of a Commissioner in charge and gives the Com­ missioner the responsib111ty for the adminis­ injured, renal disease victims and the deaf. State Programs for Mental Retardation. It also contains authority for a national com­ National Recreation and Park Association. tration of Titles I, II, and III, except for Section 309, the renal disease program, mission on architectural barriers and an ar­ National Association for Mental Health. chitectural compliance board, which will at­ Professional Reha.blllta.tion Workers With where administration could be optional. This is a very important provision. It wlll pre­ tempt to see that housing and transportation Adult Deaf. are accessible to handicapped and older United Cerebral Palsy Associations, Inc. vent the diffusion of rehabilitation programs throughout the Department and the serious people. division of authority that has existed be­ WHAT S. 7 IS NOT S. 7, NEW REHABILrrATION ACT AMENDMENTS tween SRS and RSA in the administration 1. S. 7 is not a. "new society program of the FEATURES NOT FOUND IN PRESENT LEGISLA­ of the program. sixties". The first Vocational Rehabilitation TION OR IN THE ADMINISTRATION PROPOSAL The above items refer specifically to the Act was passed in 1920 and has been in con­ This is not an analysis of S 7 or the Ad- state-federal vocational rehabllltation pro­ tinual operation since that time. It is the ministration bill. It is designed to point out gram. It must be remembered, however, that act under which over 300,000 handicapped specifically features of the new legislation the state-federal program cannot do its job individuals were reha.b111ta.ted into employ­ important to the vocational reha.bllita.tion well without improved community rehablll­ ment in 1972. Vocational rehabilitation is a. programs which are not in existing law or tation programs and fa.clllties. For this rea­ successful, respected program of services to in the Administration proposed legislation. son, the following supplementary programs disabled people of the nation, a. model of 1. There has been no appropriation au­ provided for in S 7 are very important to state-federal cooperation. thority for any program financed under the the state-federal vocational reha.b111ta.tion 2. S. 7 is not a. "budget busting bill". This Vocational Reha.b111ta.tion Act since June 30, program. legislation carries no appropriations at all, 1972. If S 7 is not passed, there will be a. 1. One section authorizes special project only appropriation authority. The budgetary long period of existence under continuing appropriations for rehabilitation of renal and appropriation process wm determine the resolutions which hold expenditures to the disease victims. The pressures on rehablllta­ amount actually made available. Appropri­ 1972 level, which is even lower than the tion and other agencies to serve this needy ation authority is quite reasonable in rela­ amount the President has recommended. The group is terrific. Although rehabiltation does tion to actual appropriations as the follow­ need for appropriation authority is a. par­ not assume that it has or should have full ing table will show. amount issue. responsibility for a. renal disease program, (In millions] 2. $50 million appropriated for vocational it can xna.ke a much more important contri­ President's recommendation: reha.b111ta.tion in 1973 in the supplemental bution to the desired results. appropriation blll passed by Congress is be­ 2. One section authorizes special project 1973 ------615 1974 ------660 ing held up until the new legislation is programs for spinal cord injured individ­ S.7: passed. The supplemental appropriation bill uals. We simply do not have at this time referred to the Reha.bllltation Act of 1972, the facilities and personnel or money to 1973 ------700 which was vetoed. It wlll be noted that S 7 serve this very severely disabled group of in­ 1974 ------800 is called the Reha.bllltation Act of 1972, and dividuals. In fact, it is estimated that state It wlll be seen that the President's recom­ this is the reason. This $50 million wm be agencies are not serving over one out of ten mendation for 1973 is 87% of the appropria­ lost to the program, if the legislation is not individuals that suffer spinal cord injury tion authority under S. 7, and for 1974 the passed. Since states have been spending at each year. While the rehab agencies would President's recommendation is 80% of the the higher rate provided for in the appro­ not get the money for such programs direct­ authority under S. 7. There are relatively few priation that was passed, a chaotic condi­ ly, try their success in dealing with spinal pieces of legislation under which actual avail­ tion will exist, if the new legislation is not cord injured persons depends upon the ade­ ability of funds is more closely related to passed clearing up this matter. quacy of programs and facilities serving this appropriation authority. How the idea of a 3. The Administration bill has authoriza­ group. "budget busting bill" got started is difiicult tions that are less than the amount that 3. One section authorizes the development to understand. Authorizations for existing the President has recommended for the pro­ of special programs for the low achieving special project programs are about the same gram in 1973 and 1974. The authority in S 7 deaf. We have a. liberal arts college for the level as in the preceding legislation, and ap, is reasonable, but permits growth. deaf and a technical school for the deaf but propriation authority for the new special 4. The new bill provides for advanced we have no centers especially prepared to project programs is quite modest. funding which is badly needed by the states serve the run-of-the-mill deaf individuals. 3. The bill does not launch "new cate­ as weH as the voluntary agencies. The failure Secondary schools for the deaf are totally in­ gorical programs dupllca.ting other existing to have appropriations passed until months adequate to provide the total services needed programs". The sections having to do with after the beginning of the year for which by the deaf. The state-federal vocational re­ the older blind, spinal cord injured, renal funds are to be used is resulting in great habilitation program will be improved im­ disease victim and the deaf are special proj­ hardship and makes intelligent planning mensely, if we can get a network of dem­ ect programs aimed at stimulating state and almost impossible. onstration-type special centers for the low local effort with the idea. that they wlll be 5. The bill provides for an innovation and achieving deaf. absorbed into the basic program at a later expansion program, with half of the sums 4. Two sections of the legislation authorize date. This is an accepted approach of Con­ appropriated to ·be controlled by state prior­ programs of mortgage insurance and inter­ gress in getting special emphasis upon dlffi­ ities, the remainder by .the priorities of the est subsidies to facilitate the construction of cult problems. Who could possibly resent Commissioner of the Rehabllltation SeTv­ rehabilitation facilities. We have legislation these special emphases on programs for the ices Administration. In present il.egislation, for rehabllltatlon facllltes now, but we can­ blind, the spinal cord injured, renal disease there is an innovation program, but no ap­ not get any money for them. This legislation victims, and the deaf. propriations are ·being made for it. The new wlll facilitate communities getting loans 4. The blll does not "dilute the vocational legislation strengthens the concept, makes With which they can build badly needed rehab111tation emphases by making it just clear the objectives, and wlll be a. very use­ facilities. The state vocational reha.bllitation another social service agency". Both the ful program. agencies depend to a very great extent upon legislation and the report emphasizes the 6. The new blll includes an ea.rm.arked rehabilitation facilities

SENATE-Thursday, March 29, 1973

The Senate met at 10 a.m. and was so that we may safely depend upon them. what other men will take note of, and called to order by the President protem­ As a great rock arrests the drifting long remember. May each of them have pore (Mr. EASTLAND). sand of the desert, allowing vegetation that perception and wisdom to see and to take root and grow at its sheltered to choose the best above the good, the PRAYER base, so may these Senators put their highest above the ordinary, and the backs against the drifting life of this day worthy above the popular. Amen. Dr. Leonard H. Cochran, Methodist untU noble virtues and lasting qualities of minister, retired, Perry, Ga., offered the life can take root and flourish in the land. following prayer: Aid them in doing that which will as- THE JOURNAL Almighty God, may those who work sure the continuance of the Nation in a Mr. MANSFIELD. Mr. President, I ask here as servants of the Nation humbly glorious future. unanimous consent that the reading of acknowledge their dependence upon Thee May some one of them be able to say the Journal of the proceedings of