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January 29, 1970
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25X1C 25X1A Approved For Release 2002/05/06: GIA:11 1A 0337R000300040018-3 CONFIDE Journal - Office of Legislative Counsel Thursday - 29 January 1970 Page 4 13. (Unclassified - GLC) Received a call from Miss Dexheimer, in the office of Senator Edward Brooke (R., Mass.). She was interested in receiving Nigerian press summaries for the period beginning with the fall of Biafra to the present. After checking with F5X1A I advised Miss Dexheimer that the materials are being prepared and would be delivered to her as soon as they were available. 25X1A cc: ER 0/DDCI Mr. Houston Mr. Goodwin DDI DDS DDS&T OPPB EA/DDP Item412 - CI Staff JOHN M. MAURY Legislative Counsel CONFIDENTIAL Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 25X1A 25X1A 25X1A Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 SECRt JOURNAL OFFICE OF LEGISLATIVE COUNSEL Monday - 26 January 1970 1. (Confidential - GLC) Guy McConnel, on the staff of the Senate Appropriations Committee, called on behalf of Bill Woodruff and asked if the Director could brief the combined Senate CIA Sub- committees this Wednesday or Friday, 28 or 30 January. I later advised Woodruff that Wednesday was a National Security Council meeting day but that the Director could adjust his schedule in order to give the briefing on Friday. Woodruff subsequently confirmed this for 10:30 a.m. Friday, 30 January, and said the invitees (Senators Fulbright, Mansfield and Aiken) would be included. He said the briefing would be the usual world wrap-up, covering the Soviet and Chinese missile threats and such "hot spots" as the Middle East, Vietnam and Laos. He also said that we should be prepared to discuss Bolivia. 2. (Secret - GLC) Accompanied Mr. Carl Duckett, DDS&T, to a briefing of Senator Henry M. Jackson (D., Wash.) and Miss Dorothy Fosdick and Mr. Richard Perk, of the Senate Subcommittee on National Security and International Operations staff, on Soviet and Chinese missile programs. Senator Jackson was present for approximately one hour and 15 minutes of the two hour session. After Senator Jackson's departure, Mr. Perle asked if he could be provided with documentation on the SALT talks. Mr. Duckett suggested that he first try former contacts in the Department of Defense (specifically Johnny Foster). Senator Jackson took me aside and talked with me about who is presently working for the Air Force in New Mexico and who is interested in Agency employment. The Senator gave me a copy of resume and a Form 57. We are to look into em- ployment possibilities for and be back in touch with the Senator. SECRE) Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 25X1A Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 JOURNAL OFFICE OF LEGISLATIVE COUNSEL Friday - 23 January 1970 1. (Internal Use Only - GS) Received a call from Miss Diane McCormick, in the office of Representative Ken Hechler (D., W.Va.), who requested an employment interview for Mr. After checking with in the Office of Personnel, I advised Miss McCormack that an appointment has been scheduled for this afternoon at 3:30. 25X1A 2. (Confidential - GLC) Called George Murphy, on the staff of the Joint Committee on Atomic Energy, and told him that the article in Sunday's New York Times about the Soviets distorting maps was essentially accurate and that I would discuss this in greater detail with him the next time I saw him. 3. (Secret - JMM.) Met with Messrs. John Blandford and Frank Slatinshek, Chief Counsel and Counsel, House Armed Services Committee, whom I briefed on: a. recent developments re SS-9 and SS-11; b. increased infiltration rates in Vietnam; c. Libya's problems in training pilots and maintenance personnel for new French aircraft; d. fact that Agency had no solid information re MyLai incident; e. our understanding of reorganization going on among defense intelligence agencies. Blandford expressed concern that we "had been caught flat-footed" by the Libyan coup (see Memo for Record). 4. (Secret - JMM) Met with Ed Braswell, Senate Armed Services Committee staff, whom I briefed on recent developments regarding Soviet SS-9 and SS-11 tests and North Vietnam infiltration trends. Braswell said that Senator Stennis was anxious for a roundup briefing by the Agency prior to hearing from the Defense Department on 18 February. Braswell said that main interest would probably center on Soviet ICBM deployment, MRV testing, and the implications and prospects of the SALT talks. S4c4r-7-1 Approved For Release 2002/05/064 2-00337R000300040018-3 Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 SECRET JOURNAL OFFICE OF LEGISLATIVE COUNSEL Wednesday - 7 January 1970 1. (Internal Use Only - GS) Received a call from Barbara Wallace, in the office of Representative Howard Robison (R., N.Y.), 25X1A who requested an employment interview for 25X1A After checking with in the Office of Personnel, I advised Barbara Wallace that an appointment has been scheduled for this afternoon at 2:00. 2. (Unclassified - JMM) In response to a request from 25X1A Sy Friedin, in the office of Senator Thomas J. Dodd (D., Conn.), regarding now in Washington I told Mr. Friedin that we know something about this man but would prefer not to become involved directly. I suggested that he seek informa- tion from the State Department, the FBI and the Immigration and Naturalization Service. Friedin said Senator Dodd had become quite interested in the case, suspected that was up to no 25X1A good, and would undoubtedly follow up with inquiries to Secretary Rogers, Mr. DeLoach of the FBI, and Mr. Farrell of INS. Friedin said he would let me know the results of these inquiries. 25X1A 3. (Secret - JGO) Met with Mr. Richard N. Perle, on the staff of the Subcommittee on National Security and International Operations, Senate Government Operations Committee, and updated his security clearances. Appropriate documentation was completed. Mr. Perle noted in passing that he and Miss Fosdick will be working with Senator Henry Jackson (D., Wash.) and the Armed Services Special Committee on SALT. 4. (Confidential - JGO) Returned to Miss Lorena Daddario, in the office of Senator Edward Kennedy (D., Mass.), the original letter from Dr. Held to the Senator concerning reduction of certain support of Hungarian refugee activities in Paris. This letter was forwarded by the European Desk, Department of State, for return to the Senator's files. (See Journal item of 5 January.) SECRET Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 *Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 March 10, 1970 CONGRESSIONAL RECORD? SENATE Harriet T. (O'Brien) Stevens of Dallas, texas, who since their marriage in 1877 'had ac- companied him during many travels on the frontiers and had shared the hardships of his upward climb as well as its compensat- ing features. Mrs. Stevens knew her husband's Capacity and had always encouraged hith in accepting greater tasks. She promptly replied, "Ever since you left Maine in 1874 you have been" training yourself for this, the greatest engi- neering project; in the world, and now it is offered you. Please telephone at once and tell the Secretary that, you Will accept." This ended Stevens' reluctance, and President Roosevelt appointed him as chief engineer of the Isthmian Canal Commission, effective July 1, 1905. Before departing for the Canal Zone, the _new Chief Engineer visited Oyster Bay, Long Island, to see the President, who described affairs on the Isthmus as being in a "devil of a mess." Stevens understood the difficul- ties likely to be encountered, but felt thoroughly competent to handle the situa- tion. However, to avoid any possibility of later misunderstanding, he outlined to Roosevelt the conditions of his acceptance: That he was to have a "free hand in all matters"; that he was not to be unduly hampered by any authority, "high or low"; and. that he would remain with the project until, in his own judgment, its success or failure was determined. The President approved these terms and directed Stevens to communicate about the project directly with him rather than through routine channels. When Stevens pointed out that such procedure might re- sult in conflicts With the War Department, Roosevelt waved this point aside, stating that everyone there knew his views. Then, to impress his desire for action, President Roosevelt told the story of the man of sudden wealth speaking to his newly employed butler: "I' don't know in the least waht you are to do?but one thing I do know, you get busy and buttle like hell." Arriving with Chairman Shonts at Colon on July 25, 1905, Chief Engineer Stevens found a most desperate condition indeed, with general disorganization in the canal work, and with employees "scared out of their boots, afraid a yellow fever, and afraid of everything." The only thing that had kept many on the Isthmus was lack of transportation to go home. In fact, more employees returned to the United States on the ship that carried Stevens to the Canal Zone than had been brought there on it. At a ,conference Of high officials the same evening on the spacious veranda of Governor Charles E. Magoon's home in Ancon on .the Pacific side of the Isthmus, attended by the Governor., Chief Health Officer. William C. Gorges, and Chairman Shonts, Chief Engi- neer Stevens correctly estimated the most urgent needs: housing and feeding of em- ployees, sanitation and health, recreation and Morale, and an adequate and revitalized organization. Within the short period of one week Stevens correetly *appraised the overall situation and decided what to do,; rebaili- tate and doigole track ,parts of the Panama Railroad, whl-cti` bk:Then described .as a "phantom railroad,"?atblish commissaries for all employees, build a hotel, the Tivoli, place available labor on housing and sani- tary work; design proper track levels in Cul- ebra Cut and a rail, transportation system for the disposal of spoil in mass excavation, and organize the forces for construction. Stevens' .extensive experience In comparable situations in frontier aims of the United Stats enabled him to form needed judgments accurately and quickly. Stopping all unnecessary canal construc- tion activities, he sent excess men to the United States, informed that they would be notified when to return. Others were placed on immediate necessities. Having previously accepted the mosquito theory of disease propagation, Stevens became an ardent sup- porter of Colonel Ciorgas in health and sani- tation matters. A man of imposing stature and command- ing personality, then 52, Chief Engineer Stevens tramped the entire length of the Canal Zone viewing the various works and observing the topography. Walking with the energy of youth, he radiated the confidence of the natural leader. Often speaking to em- ployees, he told them that there were only three diseases on the Isthmus: "Yellow fever, malaria, and cold feet; and the greatest of these was cold feet." Prior to the appointment of Stevens, Pres- ident Roosevelt had designated an Interna- tional Board of Consulting Engineers of 13 members to consider and oinmend the question was an- seriously handicapped. ent ahead with the excava- a Cut, which work would be atter what the decision, and on plans, which he wished to have anticipation of whatever verdict the ment might each. porting to the President on January 10, , this engineering board split. Eight mbers, including five Europeans, 'voted ?r the sea-level type; and the five remain- g members?all Americans?for the high- 1-vel-lake and lock type. The' minority re- p? which reflected the views of Chief En- gine evens, was prefaced by Alfred Noble, a disting d American member of the International - ? Meanwhile, on Isthmus, Stevens thoughtfully examined ignificant angles affecting the question of t . - Though ini- tially inclined on first arriva oward the popular idea of a sea-level can he ap- proached the solution of the proble.. objec- tively. Interpreting the topography i the light of operational and navigational n ds, as well as engineering and construction pr lems and the hazards involved, he decid for the high-level-lake plan with the Atlan tic terminal dams and locks at Gatun, an the Pacific terminal dams and locks in one group at Aguadulce?a hill south of Mira- fibres. This was essentially the plan origi- nally presented in 1879 by the French engi- neer Adolphe Godin de Lepinay, the origi- nating and forgotten genius of the basic plan for the Panama Canal as eventually con- structed. In a special message to the Congress o. February 19, 1906, transmitting the re.. t of the International Board, President Ro..e- velt summarized its main points but stro gly supported the high-level-lake plan. in- vited special attention to the fact t the chief engineer, who will be main esponsi- ble for the success of this ml y engineer- ing feat, and who has therefore a peculiar personal interest in judging aright, is em- phatically and earnestly in favor of the lock- canal project and against the sea-level proj- ect." When testifying at Congressional hearings in Washington in January 1906, Stevens ad- vocated the high-level plan with a conviction that no one could shake, and voiced his determined opposition to the sea-level idea. But one appearance as a witness by this engineering leader was not enough. In June he was again called to Washington and led in the historic debate. Testifying before committees of the Congress, prepar- ing' refutations to statements by sea-level advocates, and drafting addresses for Sena- tor Philander C: Knox, Chief Engineer Ste- vens faced the great crisis of his canal career. He went to Roosevelt for assistance but discovered that the President had become lukewarm in his stand. As one who believed in the vigorous handling of superiors as well as subordinates, Stevens talked to him like a "Dutch uncle." Roosevelt was again con- vinced and thenceforth stood behind Stevens like a brick. type of canal. Until swered, Stevens Nevertheless, tion of Cu useful no altern t ready Gave 19 ? II "art- --- S 3355 In the end, With the strong support of the President, Secretary of War Taft, and the Isthmian Canal Commission, the plans of Chief Engineer Stevens prevailed. In an act approved June 29, 1906, the Congress adopt- ed the high-level-lake and lack plan. That was the great dedision in building the Pan- ama Canal that made its success passible. It is no wonder that the statesmanlike ac- tions of Stevens won the admiration of in- formed and experienced engineers on the Isthmus! Regardless of what may have been urged at the time as to the merits of the so-called sea-level design, the existing Panama Canal was constructed substantially in accordance with the plan recommended by Stevens, ap- proved and accepted by the President and the Congress. It has proved an eminent suc- cess in both peace and war. The transit since opening the canal on August 15, 1911 through June 30, 1968 of 403,230 vessels of various types of all nations, with just tolls measurably reflecting the costs of construc- tion, maintenance, operation, sanitation, and protection, completely establishes the wis- dom of the 1906 decision. Moreover, in addi- tion to its strategic value for national and hemispheric defense, the Panama Canal has been of incalculable benefit to world ship- ping and to the great ports of our country that serve such shipping. Moreover, the Canal Zone has been an island of stability in an area notorious for endemic revolution and endless political instability. The day after approving the act of the Congress as to type, June 30, 1906, President Roosevelt showed his confidence in Stevens by appointing him as a member of the Isthmian Canal Commission in addition to his position as Chief Engineer. His star was ascendant. Unfortunately, the minority report, fol- lowing previous French studies, provided for the construction of the Pacific locks in two sets, separated by the small intermediate- level Miraflores Lake. Instinctively recogniz- ing this division of locks as a serious error in operational design, Stevens, early in 1906, had recommended to Chairman Shonts in Washington the combination of all Pacific Locks at one location. But he did not present this well-founded proposal with the detailed functional justification required to secure the attention it merited, Nor had there been any ship-transit experience in the canal upon which to base such justification. Returning to the Isthmus on July 4, 1906, Stevens resumed studies of the Pacific lock situation. A month later, on August 3, he ap- proved a plan for placing all Pacific locks in one group of three lifts, south of Miraflores with the terminal dam and locks between two hills, Cerro Aguadulce on the west side of the sea-level section of the Canal, and Cerro de Puente on the east. This location would have provided the same lock arrange- ment at both ends of the canal, avoiding a traffic choke at Pedro Miguel, enabling un- interrupted summit-level navigation from the Atlantic locks to the Pacific, and supplied a lake-level traffic mobilization anchorage at the Pacific end of the canal to match that at the Atlantic end?a plan identical with the original conception of De Lepinay, afterward urged by Colonel William L. Sibert, a mem- ber of the last Isthmian Canal Commission. At that time, however, Stevens was under great pressure to start construction. Oppo- nents of any canal at all were seeking some means to delay the enterprise. Advocates of the sea-level idea, stung to the quick by their defeat In, the Congress, were set, ready to strike at any change in the approved pro- gram as indicating weakness in the high- level plan of Stevens. These two forces to- gether represented a political and economic power that he could not safely Ignore. In the light" of subsequent events, it is indeed regrettable that Steven's foundation studies for the consolidation of the Pacific locks, which were necessarily made in great Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 S 3356 CONGRESSIONAL RECORD -- SENATE Mar(th, 10, 1970 haste, preyed unsatisfactory. He did not dare to jeopardize the project by further delay. Still confident, however, that this important question would rise again, he voided his Plan twenty days later, on August 23, 1906, mark- ing it, "not to be destroyed but kept in this office," and proceeded with the plan for sep- arating the Pacific locks as approved by the minority of the International Beard of Con- suiting Engineers. Many years later, as a result of World War II experience, there Was developed in the Panama Canal organization, following the suspension in May 1942 of the 1989 Third Locks project then under construction, what proved to have been the arst comprehen- sive plan for the major increase of capacity and operational improvement of the Canal as derived from marine operations, known as the Third Locks?Terminal Lake Plan. Submitted to higher canal authority it at- tracted immediate attention and quickly won approval by the President as a post-war proj- ect. Published as a technical paper in the Feb- ruary 1947 issue of the Proceedings of the American Society of Civil Engineers the Third Locks?Terminal Lake proposal, be- cause of its inherent logic and "compara- tively low cost," has had a wide appeal BA the proper form for increasing the capacity of the Panama Canal. Moreover, it has been strongly supported in the House and Sen- ate. Let us now return to events of 1906. Presi- dent Roosevelt, after the great decision as to type of canal had been made, was free to visit the Isthmus as he had long wished to do. Under an itinerary prepared by Ciller Engineer Stevens, Roosevelt's visit in the U.S. Canal Zone and to the Republic of Panama, November 14-17, 1906, masks a highlight In Isthmian history?the first tine any Presi- dent of the United States had set foot on foreign soil. In January 1907, in the midst of a caesis over construction contracts, Chairman Shouts, after receiving an offer to head a large transportation merger in New York, resigned effective March 4, 1907. News of this produced another sensation on the Isthmus. All promptly looked to Stevens RS their nat- ural leader and a man of destiny. But even he had been hard pressed for many months protecting the interests of the canal proj- ect. Realizing that he had brought order out of chaos, that all basic decisions had been made, that he had formed an effective or- ganization for completing the canal, and that construction was well underway, Stevens felt his creative mission had been fulfilled and, on January 30, 1907, wrote his resignation to the President, expressing his desire to re- turn to railroad work. To his close associates, however, he revealed his disgust and irrita- tion at Washington officialdom, government red tape, and frustrations. Of two civilian chief engineers, the first had left after one year's service and now the second was planning to leave after two years. The canal could not be satisfactorily con- structed with such frequent changes in en- gineering leadership. Roosevelt acceded to Steven's request but, determined to secure continuity in direction, said "I propose now to put it in charge of men who will stay on the job till I get tired of having them there, or till I say they may abandon it." He selected Major George W. Goethals, an outstanding engineer officer of the Army as Steven's successor, and reorganized the Canal Commission, effective April 1, 1907. The other engineering members were Majors William L. Sibert and David D Gaillard, and Rear Admiral Harry H. Rousseau, a former chief of the Navy's Bureau of Yards and Docks. Col. William C. Gorges, the great sanitarian, who had come to the Isthmus from Cuba in 1904 and had been appointed a member of the commission on recommendation of Ste- vens, was also named. Two civilian members, Jackson Smith and J. C. S. Blackburn, were later succeeded by Coionel H. P. Hodges and Maurice H. Thatcher, the latter afterward becoming a distinguished member of the Congress, after whom the Thatcher Ferry Bridge across the Pacific end of the Pan- ama Canal is named. Notwithstanding the resignation of Ste- vens, President Roosevelt, in recognition of his tremendous contributions, on March 4, 1907, appointed him Chairman of the Isth- mian Canal Commission, making Stevens the first to hold both positions of Chairman and Chief Engineer. It is noteworthy that nei- ther this reorganized commission nor its predecessor included members experienced In navigational cperattons. Stevens planned to leave the Isthmus on April 7, 1907, when the employees arranged a mammoth farewell reception at Colon at- tended by many throughout the Canal Zone and from the Republic of Panama. In ad- dressing the throng, he gave generous credit to his predecessor, John F. Wallace, for the organization that Stevens had inherited. He revealed that two years previously, on tak- ing charge, he was almost as overwhelmed by the vastness of the preparatory work to be done as had been the President. He added that "until Colonel Gorges had lifted the dark cloud which the unsanitary conditions placed over the work," he was doubtful of success. Appealing to the men as their friend to take their "little differences and complaints" to Chief Engineer Goethals and not to Wash- ington. Stevens predicted that the canal would be open to traffic by January 1, 1915. That was a very close estimate indeed, for it was opened on August 15, 1914.. As evidence of the esteem in which he was held canal employees presented Stevens with two bound volumes containing 10,000 signa- tures requesting him to reconsider his resig- nation and remain, a gold watch, a diamond ring, and a silver table set, The last included a tray showing the completed canal. Stevens was greatly moved by the exceptional demon- stration. He knew that it marked the end of an outstanding chapter in his career. Long before the departure of the S. S. Panama, full-dressed in honor of her distin- guished passenger, the largest crowd since United States occupation of the Canal Zone gathered on the pier. At noon, the Isthmian Canal Commission band, which Stevens had established in 1005, played Auld Lang Syne. The Panama slowly left her dock and headed toWard the sea, amid the cheers of the spec- tate:yrs and whistles on vessels in Limon Bay. Stevens, standing at the rail with his young son, John F., Jr.,. looked on, pale and sad. After returning to the United States, Stevens continued his upward climb in the railroad industry,, becoming one of the most distinguished railroad officials of the Nation. In 1917, after United States declaration of war against Germany, he went to President Wilson in search of an active assignment in the war. As Russia was then an ally and in urgent need of competent railroad advisers In connection with its war transport prob- lems, the availability of Stevens was timely. Appointed as Minister Plenipotentiary and Chairman of the United States Railway Mis- sion to Russia, he undertook the difficult tasks involved in operating and improving It- rail systems. Later, from 1919 to 1923. he was president of the Inter-Skilled Technical Board supervisieg Manchurian Railroads. In these positions, he observed the start and early years of the Communist revolution. Aocurately assessing the tremendous scope of that world conspiracy, he was among the first responsible observers to alert leaders in the United States as to its significance and dan- gers, among them his friend, Ira E. Bennett, distinguished editor o:? the Washington Post, Returning home in 1923, Stevens later be- came president of the American Society of Civil Engineers, and received many honors, including the John Fritz Medal for great achievements. He died at Southern Pines, N.C., in 1943, at the age of 90, keen in mind to the end. The significance of Stevens' canal contri- butions, though substantially obscured for a time, has gained stature with the years and has been recorded in authoritative writings. He rescued the project from probable dis- aster; assembled a major part of the plant and organized the engineering and construc- tion forces, planned the main features of the waterway and brought about the great deci- sion for the high-level-lake and lock type canal, launched the enterprise into the era of major construction, and guided the work until its success was a certainty. He clearly foresaw the necessity for a major change in the Pacific lock arrangement, for which he developed a plan. Subsequent studies of canal operations, in both peace and war, have established that this plan would have sup- plied the best operational canal practicable of economic attainment--striking evidence of the high quality of his insight. It is no wonder that the United Slates in 1962 hon- ored the memory of Stevens at the scene of one of the great chapters of his career by the designation of Balboa 'a principal traffic circle as 'Stevens Circle.' having at its center a monument inscribed with Goethals' words, 'The Canal Is His Monument." A man of eminent 'OSUMI whose great gifts were hasnessed to practicality, Stevens, by his genius and industry, became the greatest construction engineer in American history, His tremendous services can now be viewed in historical perspective. They establish him as the basic architect of tne Panama Canal. BIBLIOGRAPITY Du Val, Captain Miles P. Jr. And the Mountains Will Move: The Story of the Building of the Panama Canal. Stanford University, Calif.: Stanford University Press, 1947. Isthmian Canal Policy---An Evalua- tion U.S. Naval Institute Proceedings (An- napolis, Md.) Vol. 81 (Mar. 1955), pp. 263-76. "Panama Canal." Encyclopaedia Britannica (Chicago, Ill.), Vol. 17 (1969), pp. 205-12. Flood, Hon. Daniel J., Isthmian Canal Pol- icy Questions (H. Doc. NO. 44, 89th Cong., 2d Sess.) Washington: U.S. Government Printing Office, 1966. Sibert, William, William L.,' and John F. Stevens. The Constructiom of the Panama Canal. New York: D. Appleton & Co., 1915. Stevens, John F., An Engineer's Recollec- tions. New York: McGraw-Hill Publishing Co., 1936. Stevens, John F., "The Truth of History." History of the Panama Canal; Its Construc- tion and Builders. Ed. Ira E. Bennett, Wash- ington, D.C.: Historical Publishing Co., 1915; pp. 210-24. Roosevelt, President Theodore. Message to the Congress Recommending the High Level Lake and Lock Type Canal as designed by John F. Stevens, February 19, 1906. Roosevelt, Theodore. "Monroe Doctrine and Panama Canal." Theodore Roosevelt? An Autobiography. New York: Charles Scrib- ner's Sons, 1920. SENATOR BROOKE URGES PRESI- DENT TO POSTPONE MIRA?' DE- PLOYMENT Mr. BROOKE. Secretary Seamans has testified today that the United States will begin deployment of the Minuteman III MIRV system in June of this year. The continued momentum de- ployment of this potentially destabiliz- ing technology is highly disturbing. It could have the most unfortunate conse- quences for the impending SALT nego- tiations. Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 7riarch 10, 1970 Approved For Release 2002/05/06 CIA-RDP72-00337R000300040018-3 CONGRESSIONAL RECORD -- SENATE S 3357 I do not know how the Soviet Union will react to the United States continued efforts on this program but it is unlikely that they will abandon their own multi- ple warhead technology?the technology which poses the gravest threat to the deterrent--if our own country has deployed such systems. There is no military justification for deployment of the U.S. MIRV on the timetable originally planned. The heavy Soviet defenses which it was designed to Penetrate do not exist and could not be Installed in the immediate future. In the interests of serious diplomacy and stra- tegic stability, the United States has every reason to stretch out MIRV de- ployment. We should refrain from premature commitment to weapons which add not to our security but only to the comPlexity of arms control. In a nuclear age genu- ine security must ultimately rest on mu- tual restraint, not mutual recklessness. The tragic drift toward deployment of these dangerous weapons highlights the urgency of prompt Senate action on the resolution proposing a joint Soviet- American moratorium on MIRV testing. Unless a moratorium of this type is adopted in the coming months, continued testing of MIRV systems will surely lead to accurate counterfOrce weapons which will threaten the land-based missiles on which both countries depend so heavily. Forty-three Senators have cosponsored this proposal and I profoundly hope that the Committee on Foreign Relations will quickly report this vital resolution. It is essential that the Senate offer its counsel to the President on this matter. I urge the President to postpone this unwise deployment. Such a postpone- ment could afford time to explore con- trols over MIRV tests and deployment when the SALT talks resume next month. Coupled with other strategic arms limi- tations, these controls would be of in- estimable value to world peace and security. Delaying MIRV deployment while these issues are examined; will in no way jeopardize the national interest. I pray that the President will delay MIRY deployment in order to preserve the maximum opportunity for the dis- cussions at Vienna to bear fruit. No de- cision of his presidency will be more momentous. ABA'S POLITICAL OBJECTIONS TO THE GENOCIDE CONVENTION CARRY LITTLE WEIGHT Mr. PROXMIRE. Mr. President, when the Committee on Foreign Relations considered the Genocide Convention in 1950, the opposition of the American Bar Association was of sufficient importance and weight to induce the committee to shelve the convention. The ABA's strong objection to ratification 20 years ago was based on its consideration of the consti- tutional issues involved. The weight and prestige of the ABA in constitutional matters was so great that not only did the Senate committee put aside further consideration of the convention, but the committee also let it be known that it was reluctant to reconsider the issue until the ABA shifted its position, So, Mr. President, the Genocide Con- vention has remained in obscurity in the backroom of the Foreign Relations Committee for the last 20 years waiting for that moment when a shift in the ABA's position accompanied by a posi- tive message from a new President strongly endorsing ratification would again bring it to life. Hope for reconsideration of the Geno- cide Convention was reborn when Secre- tary of State Rogers asked Attorney General Mitchell for his views. The At- torney General, a strict constitutional constructionist, indicated to the Secre- tary of State that he found no objections to American ratification. Secretary of State Rogers thereupon sent the Geno- cide Convention to the White House urg- ing the President to support and endorse It. Shortly thereafter President Nixon strongly endorsed the Genocide Conven- tion. He stated that '75 other nations had already ratified it, and that from the viewpoint of international prestige and moral leadership it was essential for the United States to ratify it as soon as possible. I was confident that the strong back- ing of the President and his closest ad- visors in the areas of foreign affairs and domestic-constitutional law would over- come any remaining hesitation that might still exist in the American Bar As- sociation. My confidence that the ABA would resoundingly reverse its 20-year- old opposition was heightened by the fact that those very divisions of the association intimately concerned with questions of criminal, constitutional, and International law all strongly came out ' in support of ratification. By a slim four vote margin, though, the ABA failed to reverse itself and failed to endorse the Genocide Conven- tion. The association rejected the advice of its own constitutional, criminal, and International law experts such as Solici- tor General Erwin Griswold and former Attorney General Nicholas Katzenbach. But, unlike 1950, the ABA's objections were no longer based primarily on con- stitution or legal grounds. Even an op- ponent of the convention, who had for- merly opposed it on a constitutional basis, stated at the ABA's February meet- ing that he now agrees that Human Rights Conventions can properly be the subject of treaties. This time, the ABA's prime concern on the Genocide Convention was its po- tential impact on certain groups?for example, Vietnam POW's, the My Lai perpetrators, OT the Black Panthers and other dissident groups here at home. What is significant is that the ABA's newfound concern is essentialy political and emotional. It is not legal, and it cer- tainly is not constitutionally based. Mr. President, while I may have dis- agreed with the Senate's reluctance to take up the Genocide Convention in the past, I have at least been able to under- stand the Senate's deference to the ABA's legal and constitutional objec- tions. The ABA has great expertise and influence in this area, and it is possible to see why the ABA's position has been accorded considerable weight. ? But the ABA is no longer basing its main objections solely on these grounds. It has ventured outside its area of ex- pertise, and into the political arena. Of course, I do not question its right to do this. But I do question whether its opin- ion in the political sphere should be treated with the type of deference it has been accorded in the past. Mr. President, where political judg- ments are to be made, the arbiter should be U.S. Senate. For advice, the Senate can be expected to turn to the Chief Ex- ecutive, and his Attorney General, and his Secretary of State. These offices have now come out squarely for ratification of the Genocide Convention. These are the views that should count; not those of the ABA. I sincerely hope the Foreign Relations Committee will keep this in mind when hearings are held on the Genocide Con- vention?hopefully in the near future. OUR ENVIRONMENT: WE CAN SAVE IT?SPEECH BY SENATOR EAGLE- TON Mr. MUSKIE. Mr. President, the jun- ior Senator from Missouri (Mr. EAGLE- TON) has been a valuable addition to the Subcommittee on Air and Water Pollu- tion since he came to the Senate a year ago. He has quickly become a leader in the battle to protect our environment. One of Senator EAGLETON'S most valu- able contributions to this effort has been his understanding of what is needed to turn back the tide of pollution and decay in America: money. There is no substi- tute for a strong and lasting financial commitment. In a speech which the Sen- ator delivered at the Kansas City Press Club last month he made this point very well. "Both government and private purse strings must be loosened?now." I commend to the Senate Senator EAGLE- TON'S analysis of the needs of our pro- grams to protect and enhance the quality of our air, our water, and our land. I ask unanimous consent that his address be printed in the RECORD. There being no objection, the speech was being ordered to be printed in the RECORD, as follows: OUR ENVIRONMENT: WE CAN SAVE IT (By Senator THOMAS F. EAGLEroN) Throughout history man has struggled against his environment, seeking to with- stand nature's often capricious destructive- ness and to harness the elements where pos- sible and make them work for him. Over the centuries we succeeded well at this vital game, learning to live in a some- times uneasy but always respectful peace with our surroundings. Man, with his intelligence, has more often been the user than the used, but nature always retained its mastery, bringing flood and drought, hurricane and tornado, at will. But 20th century, technological man, un- like his forebears no respecter of nature has changed all that?hopefully not irrevocably, although we do not know. Man is now beating his age-old rival?not consciously or fairly, not by direct attempts to control natural forces for some good pur- pose, but accidentally, indirectly, by the side- effects of a consumer-oriented technology that didn't think or care about what its gar- bage was doing to the elements on which we all depend for life. Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 S 3358 ,CONGRESSIONAL RECORD ? SENATE March 10, 1970 You need only look around. America the Beautiful is rapidly becoming America the Noxious. We are the richest, most industrial- ized nation in the world. Befitting that lofty position, we produce one-half the world's industrial pollution?and a vast amount of human pollution. rt is visible everywhere: In the choking, brownish smogs that hover over our cities, blotting out what used to be blue skies. They are the visible part of the 172 million tons of smoke and fumes our factories "produce" every year, combined with the exhaust fumes from our 83 million cars, which alone are responsible for 60% of urban air pollution. In the clogged highways?to build which we pave over 1,000,000 acres of oxygen-pro- ducing trees annually?and the even more packed auto junkyards, into which we dis- card 7 million cars each year. In our once-beautiful rivers, lakes end streams, filled with human and industrial waste-50 trillion gallons of the latter an- nually. We all know that few of our water- ways are fit for humans to swim in. Many of them are no longer fit for fish, either? more than 15 million fish were killed by water pollution last year. Or, for that matter, for the forms of aquatic plant life that keep waterways "living." As I am sure you know, ecologists say that Lake Erie is turning into a Dead Sea?aging long before its time? because the phosphates and nitrates dumped into it by municipal sewage plants and de- tergent manufacturers, as well as unre- stricted agricultural wastes, have killed the plant life, which deprives the lake of oxy- gen and therefore fish, and allows weeds to take over. They predict it may turn into a swamp. That's Lake Erie, not just some neighbor- hood fishing hole. It doesn't sound possible? but it is more than that. It is a fact. The litany of dolAul examples is virtual- ly endless. So are the statistics: 28 million tons of waste paper, 48 billion used cans, 28 billion battles each year. You know the problem as well as I do. You only have to go outside and take a deep breath, or try to taste the drinking water in a glass through the chemicals needed to purify it. The heartening thing is that the problem has finally been recognized?by the air- breathing, water drinking public?for the immense and serious one that it is. And a growing body of ecologists, with people lis- tening at last, is capable of painting out the dangers and showing ways to surmount them. There is one essential component in the answer to the urgent question of how to re- verse this dangerous path we have been fol- lowing: Money. We must spend enough mon- ey on research, facilities and the enforce- ment of stringent anti-pollution standards to clean up our air and water. Anything less would be ineffective tokenism. And the American people have made it clear that they don't want tokenism?they want clean air and clean water and more space for recreation and the removal of eye- sore junkheaps. They know the cest will be heavy. They know they will have to bear that cost themselves, both as taxpayers and as consumers. I think we are ready, as a nation, for a victory over pollution. While the anti-pol- lution field is new, the "start of the art" in terms of the necessary technical know-how is quite advanced in some fields. Cement plant emissions, for instance, can be controlled almost entirely. The know-how is there. Only the will?or the public-gen- erated demand?to spend the money is lack- ing among some cement plant owners. Elec- tric power plants are among the worst indus- trial air polluters. Their dangerous emis- sions, toe, can be controlled by existing anti- pollution devices, at the cost of only an extra few cents a month on our electricity bills. Most of the federal legislation needed to fight pollution is :already on the books, thanks almost entirely to Senator Edmund S. Muskie, who authored the 1963 Clean Air Act, the 1965 Water Quality Act, the 1967 Air Quality Act and now has legislation pending to improve the existing laws. He is the leading pollution authority in the Senate and my eyes have been opened by serving on the Air and Water Pollution Subcommittee, which he chairs. Now President Nixon has joined the pollu- tion light. His environmental message to Congress Tuesday was welcome?it's good to have the White House with us. I must point out that nearly all of the President's proposals either are contained in existing law or are logical extensions of ex- isting law. Most of the new things he said are already embodied in pending legislative proposals introduced early this year by Sena- tor Muskie. A few of his proposals were brand new and innovative and merit further study, but generally these relate Men:Weer improvements, rounding off tIonrdiagh edge% so to speak, although his prdposal that lead be removed from gasoline was important and worthwhile. I cannot overempluseize that what is really needed to make a:W.-pollution legislation work?whether it be icurrent or new legisla- tion?is the commit] ' ent of sufficient money. This is what is, mean when we speak of pri- orities?we must co mit more to environ- mental control, adral'etedly at the expense of other programs. ' The federal govern.m t is going to have to make good on its promi s to help local gov- ernments pay for secofldar and tertiary sew- age treatment facilities. Also, government and the ablic combined are going to have to pressur eluctant in- dustry to stop fouling our air axM,our water. Industry must be made to acce the fact that it must treat as a cost of do1fi busi- ness its anti-pollution devices to clea up smokestack emissions and fluid wast? which means, of course, that this extra cos will be passed right along to the consumer in the form of higher prices. A bitter pill to swallow? Perhaps, but I am convinced the public has decided it would rather swallow this than the kind of air it has been swallow- ing in recent years. We must be discriminating in the way we apply the necessary funds to the problems, for the solutions to them differ markedly. Let me sketch the major pollution areas briefly, one by one. Water Pollution.?The President's recom- mendations for river basin plans, regional treatment facilities, effluent standards, court action for the violation of standards, revi- sion of enforcement procedures and exten- sion of standards to navigable waters are con- sistent with proposals made by Senator Mus- kie earlier. I think all of these are geod. What we also need is a great deal more fed- eral money. Sen. Muskie has proposed spend- ing $12.5 billion in the next five years as the- federal one-half share for building $25 mil- lion in municipal waste treatment facilities. President Nixon has proposed $10 billion over the next four years, only $4 million fed- eral and $6 million local. He recommends $1 billion for fiscal 1971., This Is five times what he was satisfied to spend only one year ago when the popular appeal of pollution issues had not reached its present intensity. But it is still well below the $1.25 billion which Congress has already authorized for water pollution control in fiscal 1971. Air Pollution?The Air Quality Act of 1967 was a mechanism for combatting air pol- lution on a regional basis with the federal and state governments acting as partners. Under the Act, 57 Air Quality Control Re- gions?covering the nation's major air pol- lution problem areas?will be established. These regions are meeting the timetable of the seat by setting regional emission stand- ards, and this year some of them, including Missouri's two regions, will take the final step by setting their implementation plans detailing enforcement procedures. I think the Muskie regional concept is a sound approach, and I think it will work. President Nixon has raised the question of national ambient air quality standards. His proposal is extremely ambiguous, but dif- ferent formulas to accomplish this have been studied in the past and found severely want- ing. If his proposal is a means of assuring early and equitable air pollution control, I am for it. If his proposal is a back-door at- tempt to eliminate public participation in determining the quality of air people will breathe, I am against it. We need research to step up our techno- logical capacity to stop pollution of our air. For fiscal 1970 Congress appropriated $45 million for research, but the President has asked for only $27 million for fiscal 1971. I think his sense of urgency is lagging. The problem of enforcement of air pollu- tion standards on a smokestack-to-smoke- stack basis is far too great a task for the fed- eral government to try to cope with. That is one more reason I believe in the regional ap- proach advocated by Sere Muskie. But the federal government needs to provide more grant money to regional air conservation commissions to acquire the know-how and manpower to set proper emission standards and enforce them if the job is to be done. The Nixon proposal for stiff court fines for violators is a good one--and one which has been already proposed by Senator Muskie. There are two other types of air pollution I think should be handled in different way. The first is auto pollution, responsible for the majority of urban smog. When Detroit said recently it would take 10 years to fully develop the technology to make an emission- free internal combustion engine, I have to say I was astounded. I have much more faith in the techno- logical capability of the big auto makers than that. I think they can do it in much less time?with the proper encouragement. his is a case where stringent national emis- sikn standards set by Congress will be neces- -and on a strict timetable of. achieve- men if HEW will not force the issue it- self. e President has now moved properly in th1I area and HEW is setting a tougher timeta e of compliance with federal stand- ards. Consu4ners can be of inestimable help here, too. Thei must demand ears that do not pollute . . and accept, responsibility for keeping 4hem that way. AlreadLr it may be too late. Most of the cars but t without anti-tiollution devices in 1969? s sold by the milli-tens?will still be polluti g the air a decade from now, even if cle -exhaust cars arc then the norm. A e are toughening regulations on cape we also should be regulating trucks and _euses, as anyone who has ever waited behind 'a bus for a traffic light to change well knows. Then there are emissions from jet planes? which the Nixon message failed to mention. The admnistration apparently does not want any any legislation to be written giving HEW affirmative power to regulate Jet emissions, as I found out in an Air and Water Pollu- tion Subcommittee hearing I participated in last week. Administration witnesses said they pre- ferred to go by the current voluntary com- pliance agreement they have reached, appli- cable to about half of the commercial jet planes. This would have the effect of re- moving 70% of all visible jet pollution from engine smoke by 1972. But here again the state of the art is not advanced. The voluntary agreement will do nothing about other, invisible, jet exhaust pollutants such as nitrous oxide and hydro- carbons because no way has yet been found to remove them and keep jet engines run- Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 March 3 1970 families from moving out of the neighbor- hood? If we do either, who decides who moves, who stays? The example, of course, is fanciful. We do none of this. No one has had the political te- merity to propose a law that would send sol- diers to pick people up and move them, or to block the way and prevent them from mov- ing. No one stands up and says this is the moral thing to do. Stated thus baldly, the immorality of do- ing such things is perfectly clear. No one thinks it moral to send policemen, or the National Guard bayonets in hand, to corral people and force them into a swimming pool, or a public park or a cocktail party when they do not wish to go. No one pretends this is moral?for all that anyone may deplore people's prejudice? because everyone can see that to do this is to make of our society a police state. The methods, whatever the differences in intent, would be no different from the tramping boots of the Communist, Nazi or Fascistic police states. All this being fanciful, no one proposing such things, it may seem we have strayed far from the school integration program. But have we? The essence of that program is that we have tried to apply to our schools the meth- ods we would not dream of applying to other parts of society. We have forced the chil- dren to move. There are many things wrong with the forcible transfer of children from school to school to obtain the "proper" racial mix. It is, for one thing, wasteful of time, energy and money that could better be applied to Making all schools better. To this practical objection there is also the fact that in concept it is arrogant. The unspoken idea it rests upon is that black children will somehow gain from putting their black skins near to white skins. This is the reverse coin of the worst segrega- tionist's idea that somehow the white chil- dren will suffer from putting their white skins near to black skins. Both are insolent assertions of white supe- riority. Both spring from the same bitter seed. Still, the practical difficulties might be surmounted. The implied arrogance might be overlooked, on the grounds that the al- leged superiority is not racial but cultural; or that, further, both whites and blacks will gain from' mutual association. That still leaves the moral question. Perhaps it should be restated. It is moral for society to apply to children the force which, if it were applied to adults, men would know immoral? What charity, what compassion, what morality is there in forcing a child as we would not force his father? It is a terrible thing to see, as we have seen, soldiers standing guard so that a black child may enter a white school. You cannot help but cringe in shame that only this way is it done. But at least then the soldiers are standing for a moral principle?that no one, child or adult, shall be barred by the color of his skin from access to what be- longs to us all, white or black. -But it would have been terrifying if those same soldiers had been going about' the town rounding up the black children and marching them from their accustomed school to another, while they went fearfully and their parents wept. On that, I verily be- lieve, morality will brook no challenge. Thus, then; the abyss. It opened because In fleeing from one moral wrong of the past, for which we felt guilty, we fled all unaware to another immorality. The failure is tragic because in so doing We heaped the burdens upon our children, who are helpless. MUST WE TURN BACK? Does this mean, as many men of good will fear, that to recognize as much, to acknowl- Approved For Release 2002/05/06_.? CIA-RDP72-00337R000300040018-3 CONGRESSIONAL RECORD ? SENATE S 2831. edge the failure of forced integration in the schools, is to surrender, to turn backward to what we have fled from? Surely not. There remains, and we as a people must insist upon it, the moral im- perative that no one should be denied his place in society, his dignity as a human be- ing, because of his color. Not in the schools only, but in his livelihood and his life. No custom, no tradition, no trickery should be allowed to evade that imperative. That we can insist upon without violating the other moral imperative. So long as he does not encroach upon others, no man should be compelled to walk where he would not walk, live where he would not live, share what company he would shun, think what he would not think, believe what he believes not. If we grasp the distinction, we will fol- low a tragic failure with a giant step. And, God willing, not just in the schools. ADDRESS BY THE VI BEFORE TRUNK A As Supreme Court Justice Hugo L. Black cautioned in 1966: "Once you give a nervous, hostile and ill- informed people a theoretical justification for using violence in certain cases, it's like a tiny hole in the dike; the rationales rush through in a torrent, and violence becomes the normal, acceptable solution for a prob- lem. . . . A cardinal fact about violence is that once initiated it tends to get out of hands. It's limits are not predictable." A corollary conclusion is . . . violence rewarded breeds further violence and per- petual violence ultimately produces a brutal counterreaction. Civil disobedience, at best, is a dangerous policy, since it opens the path for each man to be judge and jury of which laws are un- just and may be broken. Moreover, civil dis- obedience leads inevitably to riots, and riots condoned lead inevitably to revolution. This is a clear and present danger today. f ded in the rights bestowed Justice s oun by nature upon man. Liberty is maintained T in the security of justice." These two sen- tences are inscribed on a wall of the Justice Department building in Washington. I do not believe the first sentence is true. I doubt that justice is founded in the rights of nature, because we know that na- ture is not always just. Each generation of youth discovers the beauty of nature anew and is stunned by the magnitude of it, per- haps to the extent of confusing beauty with justice. Yes, nature is beautiful. But it can also be brutal and predatory. We might ask what justice exists in the jungle where carniverous animals devour the weak and gentle? What justice is there in life where disease often cripples and kills the young and good? What we regard as justice today does not 1 exist by virtue of nature, but by the free will of mankind. Justice began the day we re- jected the nature of savages and started something called civilization. Civilization progressed as we challenged and contested 'th the bestiality in ourselves. It advanced we began to conquer the natural forces e, flood, famine and disease. do not believe that natural rights or rights Or even legislated rights can without sufficient definition and n under a judicial system; long as we have free will, so long mpt to separate right from wrong, ntributors to our own destiny or doom. ural or human right is enforceable a civil right. It is only when society ledges it as a right and backs It by t ower of the state and the respect of the judge has passed sentences, and the apa--- majority of its responsble citizens that peal procedure has begun. that right exists. This trial served as the stormy footnote to If we consider the time it has taken civili- the turbulent 1968 Democratic National zation to progress from primitive savagery to Convention. The trial itself should have sophisticated jurisprudence, we realize some tested the constitutionality of the 1968 Civil amazing facts. Five hundred million years of Rights Act. I say should have because that evolution preceded the present state of civili- issue may have been obscured by the con- zation. Barely 2,500 years have passed since test of personalities and a script written for the early laws of Moses and Hamurabi estab- drama rather than the administration of lished the foundations of justice. Only seven justice. centuries ago, the ,Magna Carta produced I do not intend to comment on the con- the principle that a nation and its leaders would "deny justice to none, nor delay it." So those who condemn civilization for not having moved fast enough are wrong. At the same time those who would be complacent are just as wrong. A look at Nazi Germany, Communist China or Castro's Cuba proves that ten centuries of civilized progress can be destroyed overnight. If civilization is still a veneer, then civil- ized justice clearly requires constant, tender and protective care. Out of progress have come some painful lessons. We have learned that there must be a fraraework for justice. In America, the Constitution provides the ground rules for freedom, justice and order. The Constitution establishes basic rights and in doing so imposes corresponding responsi- TUSK CLUB Mr. GOLDWA . Mr. President, last week it was the easure and honor of the Trunk and sk Club, a Republican fundraising or nization, to have had the Vice Presi nt of the United States, SPIRO AGNEW, ddress them. This speech vered the legal and eth- ical questions f the Chicago trial. It was so well do that I would like to afford Senators e opportunity of re- viewing it. I ask un imous consent that the speech be printe 'n the RECORD. There being no objec ,the address was ordered to be printed he RECORD, as follows: ADDRESS BY THE VICE PRESIDEN The gathering here in Phoenix, Arise is a partison one. We can be justly prou of our partisanship for President Nixon has accomplished much in the past year. It is tempting?and indeed it may be fit- ting?to give a partisan speech before a par- tisan audience. Tonight, however, I would like to forgo that temptation and talk to you and all Americans about a national problem. I refer to calculated assaults on our last bastion of individual rights, the administra- tion of justice. The trial of the Chicago Seven?or eight, as the original docket read?has now been concluded. The jury has reached its verdict, No hums flouris protecti For as we a we are our OW No except ackn duct of the trial nor the finer points of leiW. The point is not what these particular men? judge, advocates, defendants and specta- tors?did in this particular time. What is significant is what disruption does at all times to the system of justice. I contend that if our courts are not sanc- tuaries of dispassionate reason we cannot have justice. We cannot have social or civil progress. Emotional demonstration and guer- rilla theatre must end at the court house door. The rights of petition and assembly do not extend into the halls of justice al- though they are appropriate when lawfully exercised outside. Within the courtroom, dis- sent must be orderly and supported by logic. The rule is persuasion, not intimidation. Approved For Release 2002/05/06 : CIA-RDI;72-00337R000300040018-3 S 2839 CONGRESSIONAL RECORD ? SENATE March 1976 bilitles. The Constitution also establiehe representative government empowered enact laws and Courts which may rule them. Laws may conflict with other ?laws with constitutional rights. Constitutio rights supersede laws. The Courts alone resolve these contlicts. They stand indepe ent of all other branches of governm Federal court judges are appointed for to secure their personal independence fr past, present and future influences. Sodi has encased its courts in these protect layers because it values justice. Justice pends on dispassion and compassion as w a knowledge of the law. But passion has ilace in the courtroom. flaw passion never% contributed a thing to the admin ration of justice. Nor has pressure. The citizens of this ecu ry are free to pressure Congress. They m etition and parade and pretest before t President. They may howl and yowl and ur patience. But when they move open ellion into the court room, they remo rein our midst all hope of justice. The case of the Chicago Seven proves t oint: The trial could have provided a signi cant test of the constitutionality of the 19 ntiriot law. As it happened, the outrageous courtroo onduct totally obfuscated the constitution uestion. Instead of a clear test of law aw a perverse display of arrogance, vilific ion and childish braggadocio. The Chicago Seven were not interested the Constitution nor in improving just' Defendant Abbie Hoffman said, "this tri isn't about legal niceties. It's a battle b tween a dying culture and an emergi one." Except for one traumatic lapse, the Civ War, our culture has peacefully evolved f 181 years at an almost revolutionary spee We have moved from a concept of "Mm ie faire liberty" to a recognition that liber requires continuous care. We have leterne that it is not enough to say all men a equal and all enterprise, free. We must as sure equal opportunity and secure fair pla During the course of this century alon we have restricted the "anything go liberty," which led to robber barons an watered stock: which permitted monopoli and prevented labor unions We have ad vanced individual liberty by providing social security, unemployment insurance, collective bargaining, medicare and medicaid. We have struck dawn laws giving sanction to dis- criminatory practices We have witnessed an unprecedented?and some feel exceseive? protection of individual liberties. Moreover, and perhaps more importantly, we have en- acted laws affording equal opportunity where the motivation was humanistic and conmas- aonate, not legalistic. This peaceful revolution has, to a great extent, been the product of our courts. The Courts are the operating rooms of freedom where cancerous invaiiions of individual and group rights are excised by trained judicial surgeons so that the patient?our free society?can survive. And while the operation is performed on an antiseptic atmosphere, the patient does not remain in quarantine. He returns to everyday life strengthened and inore vital. Our courts de not need lectures from self- appointed social critics. They do not need the antics of the guerilla theatre. They do not need lawyers who confuse themselves with disciples of a new cult. They do -need skilled advocates to be catalysts to the cause of justice and reporters who have not prede- termined the guilt or innocence of the ac- cused. The Courts have been put above and be- yond the rough and tumble for a reason. The Judioial branch does not represent a majority nor a minority, but all society past, present Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 S 5. ti on and nal can oda ent. life am ety ive de- ell no has is- 0- ay he tax re- ye his ft- 68 in al we a in ce. Today s revolutionary has both of these al rights. But lacking a constructive purpose, e_ he finds no logical way to bring others to his ng point of view. So he engages in destruction for the sake of relieving his frustration with H. himself. Or The founding fathers proposed a positive a. system of government . . the most superb z_ social organization in human history. Today's ty radical thought is solely negative and nihilis- d tic in Content, re Those who advocate revolution and those Who encourage them pervert the ideals of y. our founding fathers and distort the facts. Those who smash windows and seize uni- es ? versity buildings destroy by their injustice whatever justice their cause ever had. es If we confuse those people with legitimate political minorities, we do a cruel disservice to every minority group in this country. If we romanticize the revolutionary's role in present America, we diminish the efforts of every responsible, conscientious citizen. If we capitulate before their terroristic tactics, we endanger the fabric of our free- dom. We stand at an extraordinary moment in our nation's :history-ea moment which de- mands nobility from ordinary men. We are challenged to exercise calm in the face of moral outrage. We must enforce the law with dispassion and disregard the provocation of passion. We must distinguish the mob from the minority and not find any minority guilty for the sins of a mob. We must not tolerate abuse nor violence eay a mob yet conterme to assure the rights of petition and public assembly. These are formidable challenges for hu.,... mans without inexhaustible patience, In a time of incessant confrontation, it is all too easy to begin to hate. It is all too effective to initiate repressive measures. Yet, if we fall prey to hate and repression, the mob has won. Destroying a mob is relatively easy: the difficulty lies in not destroying our- selves. One of the wives of the convicted Chicago defendants said, "we will dance on your graves." We cannot let this happen anymore than we can permit our court rooms to be- come circuses; our campuses, bedlams; our streets, battlegrounds. and future. Elected officials in the Executive We are not going so retreat to Dark Age and Legislatve branches are directly respon- repression and we cannot go forward to en- sible to their eleetorate, they are subject to lightenmertt without sanity and reason. pressure. The Judiciary is independent. The So we are going to stand our ground with Supreme Court is responsible to its own con- patience and dignity science and to posterity. The Courts are a The months and years ahead will not he bastion in defense of individuals and minor- easy. But no one has ever said that freedom ities. But decisions are made to favor the was easy. And I am confident that our cul- majority not the minority but to fairly in- ture will emerge stronger and wiser for the terpret the Constitution and laws of the test. United States. Confrontation is not novel to our citizens. The case of the Chicago Seven concerns only its form is new. We have faced dictators neither the rights of the majority nor the before . . . only they had foreign accents minority, it concerns the right of society Now we face an enemy within, and, as to be protected against a mob. It points once Abraham Lincoln said: "If destruction be again to the dangerous confusion between a our lot we must ourselves be its author sea minority and a mob. A responsible minority finisher. As a nation of freemen we must live has rights and any law-abiding political ml- through all time, or die by suicide." nority has the right under our Constitutional Ladies and gentlemen, suicide is alien to system to persuade our people to make it the American spirit. Ours is the spirit of a majority. John Paul Jones; wi "have not yet begun A mob represents neither a political ma- to fight." jority nor a minority. A mob is a mob?un- ruly, mindless, passionate, inchoate, coercive and oppressive. It .represents only a dangerou. threat to democracy, individual civil right and progress. It invites tyranny and re pression. Today's left-wing extremists like to invok the revolutionary principles of our nation' founding fathers as their precedent. Ther is no parallel. That. is the New Left's Bi Lie. The founding fathers rebelled against system which deprived them of the righ to be represented and the right to dissent THE ..NEGOTIATIONS--PROS- s PEE"LEOR LIMITING THE ARMS - RACE ? Mr. SYMINGTON, Mr. President, re- ? cently Mr. Boris Yarochevsky, corre- e spondent for the Soviet Union Tass news g agency interviewed me here at the Capi- tol and I took the liberty at that time to a give him my thoughts about the possi- t bilities of improved relationships between his country and the United States. In view of the objective reporting of my statement, I ask unanimous consent that the Tass news story be inserted at this point in the RECORD. There being no objection, the article was ordered to be printed in the RECORD, as follows: STATEMENT BY SENATOR SY1VCINGTON (By Tess Correspondent B. Yarochevsky) WASHINGTON, February 20.?The idea about the need to establish control over arms race is gaining ground among the wide circles of U.S. public and is ever stronger supported by U.S. Congressmen. Senator Stuart Symington gave an inter- view to a Tass correspondent in which he commented on the strategic arms limitation talks between the Soviet Union and the United States that will be resumed in. April in Vienna. Senator Symington said that these talk provide an excellent opportunity to start tackling the problem on which the destiny of entire mankind largely depends. If we fail to stop the dangerous and costly race of missile and nuclear armaresnie, 4' -? history might not give us another such chance he said. We pin great hopes on the talks with the Soviet Union, Symington said. If further and even more dangerous spiralling of the arms race is prevented, more funds, efforts of the bast scientists and material values will be given to the improvement of life of our peo- ples and the solution of the problems facing mankind. The Senator said that the talks in Vienna must provide basis for she improvement of relations between the peoples of the Soviet Union and the United States, must help re- move distrust and suspicions. The fact that every one of the two countries can destroy the other binds us to approach the program of arms limitation with complete responsibility and with the awareness of its importance for the destinies of our peoples and entire man- kind. ENVIRONMENTAL QUALITY Mr. SCOTT. Mr. President I always felt that the fight for environmental quality must be a cooperative venture. Citizens, Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 March 3, 1970 Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 CONGRESSIONAL RECORD ? SENATE S 2833 all levels of gvoernment, and private in- pollution abatement to Armco isn't just a attack the pollution problems of the future ? dustry mug retognize the Problems and couple of nine-letter words. instead of sitting on its abatement laurels. work hand in hand to solve them. Armco They're fast becoming a very large reality. For example, Armco now has a special sec- A reality that had already cost Armco over tion of research and technology devoted to Steel Corp. with large plants in Penn- sylvania has shown a willingness $97 million by the end of the 1960's. To elimi- fundamental studies in pollution abatement. to nate all existing sources of pollution will A new process for separating waste oils move forward. I ask unanimous consent require an additional $50 million, that was developed in this laboratory is now to reprint in the RECORD the attached A reality which commands the talents of being successfully used in full-scale oper- letter from Mr. C. William Verity, Jr., engineers, research scientists and operating ation. president of Armco Steel Corp., and ex- employees working around the clock to cor- When Armco engineers design any new cerpts from Armco's booklet describing rect old prOblems and make sure we don't facility, they automatically build in ample its pollution control efforts. create new ones. Consistent with Armco's pollution controls. No more clean-up and There being no objection the material policy, all new facilities will be built with add-on. the best available air and water pollution Armco scientists devote themselves to p01- was ordered to be printed in the RECORD, abatement equipment. lution problems far in the future. Take noise a Wordsworth said, ". . . and 'tis my belief pollution. Instead of building, then correct- that every flower loves the air it breathes." tog inherent noise problems our scientists It is our belief that you and your family and engineers are striving to design noise- and their families for generations to come free facilities. should be able to breathe the air they love. Then there's the problem of by-products. DEAR SENATOR SCOTT: The spotlight of na- Washington, D.C. BUTLER WORKS Today the disposal of solid residue is a con- tional publicity has created increased public A remarkable example of the tendency of tinuing operating cost, but research is under- way to develop means of reusing some of awareness of the serious problems of air and man to pollute his environment was found in these by-products to help defray a part of Water pollution. But the picture is not all the earlieSt existence of the Grecian city of dust and dirt, smog and grime. Troy. Archeologists say that the people of the cost of pollution abatement. One of the steel industry's remaining un- Armco and many other companies have Troy merely dropped their food scraps on the solved pollution headaches is that of periodic been qnietly meeting and solving pollution floor (bones and everything else apparently) emissions of gas and smoke from coal coking problems for years. Armco is committed to and went on living on top of them. Gradually clean water and clean air at all of our opera- the floor level rose and eventually the door operations. The company is working with tions. We are sincerely proud of our accom- government to develop reliable control tech- cemed public official, to know where we would not open. Their solution? They merely other steel companies, universities and the plishments and would like you, as a con- adjusted the door. Armco's pollution abatement started 40 niques to solve this difficult operating prob- I . Control devices will be added to all stand as we enter the 1970's, years ago at the Butler, Pa., Works. As early Armco coke plants as soon as such devices 1929 the lant safety pumped mill waste 1 ed as follows: ARMCO STEEL CORP., Middletown, Ohio, February 18, 1970. Hon. FrUGH SCOTT, tl .S. Senate, Since we launched our accelerated air and water pollution control program in 1964, Armco has invested about $75 million in equipment to improve our environment. Sev- eral of our major plants are now virtually pollution-free. By the end of this year or early in 1971 every Armco Steel plant will be operating new facilities to control air and water quality. Our efforts in this important fight are now gaining increasing national recognition. A few days ago the National Society of Pro- fessional Engineers selected the air and water pollution systems at our Middletown, Ohio Works as "one of the outstanding engi- neering achievements of 1969." , to large settling basins. An acid neutraliza- tion plant came along in '37 and a second We've about reached a point in history pickle liquor treatment facility was installed in which our society will deny any group, in 1943. steel company, motorist, city sewage plant In 1953, management authorized an ex- or homeowner the right to threaten our en- perimental water clarifier that served as the vironrnent. forerunner of many of today's modern clarifi- As the Armco Policy on Pollution Abate- cation techniques. merit states, with support from legislative At the start of the '70's, Butler Work's six bodies, private groups and you?it is real- old open hearth furnances are part of the istic to hope for improvement, and to dream dusty past. of a day when our lakes and rivers and skies In October, 1969, Butler began operation of are clean again. a modern electric furnace shop. The new, Whatever needs to be done, it's clear that bright blue shop is complete with high a major clean-up has started. The immediate energy scrubbers which wash dirt particles challenge, we believe, is not only to stop pollution from becoming worse as both population and industry continue to grow, but to roll it back. It is our belief that you and your families should be able to enjoy the earth you've in- herited. At Armco, pollution is out. Clean air and water are in. You have our pledge. rom me air. Enclosed is our new booklet which con- Very clean air, however, often results in tains a progress report and our commitment very dirty water. So Butler engineers literally ? to bring our share of industrial pollution had to move mountains to make room for the under full control, second of three water clarification units. We would be happy to have your corn- Engineers whacked the tops off a couple of ments, suggestions and support in this chal- good sized Pennsylvania hills before they had lenging, costly, but vital long-range effort, room to locate their electric shop and new Sincerely, anti-pollution equipment. Btu, VERITY. All-in-all, the effort Butler Works has put _ ? into pollution abatement has underwritten , ARMCO STEEL CORP. the future of the lush, green country that There was a time when clear-water creeks surrounds the plant and nearby Conneque- block f fr h nessing Creek. As of November 1969, this MENTAL HEALTH OF CHILDREN Mr. RIBICOFF. Mr. President, the board of trustees of the American Psy- breath of air were taken for granted In this plant ranked among the cleanest industrial chiatric Association have recently an a walk country. - plants in the world, pledged full support for the thoughtful No more. "Unsafe for Swimming" warnings AMBRIDGE WORKS and far-reaching conclusions contained and dust-stained sidings are becoming signs The Ambridge, Pa., Works is located on the in the Report of the Joint Commission on of the times. banks of the Ohio River where the river defies What went wrong? Nothing?and every- common knowledge and flows north. North, ting. We just found that we could live a that is, before it starts winding its way 1,000 whole lot better If the things we need could miles to the south, bound for the Gulf of be mass produced. That resulted in the in- Mexico. of American Psychiatry the trustees give dustrial revolution. Ambridge Works hasn't really ever had to their "enthusiastic approval and support Smoke-filled skies were once a sign of worry about population. The smoke that once of the spirit and principles underlying prosperity. Now they're a sign of destruc- rose from a lone power plant stack was the findings of the Joint Commission on tion. As a result, millions of Americans are brought under control in 1962 by a "dry Mental Health of Children." the Mental Health of Children which was published in 1969. In the February issue of the Journal now concerned With the pollution prosperity cyclone" dust remover. built. Water problems were eliminated from the As one who supported the formation This booklet is a progress report that was plant two decades ago. Today, water that and work of the Joint Commission and created to show you how one company? isn't cleaned and recirculated is allowed to is committed to implementing its major Arrric0?has set about to analyze and correct settle clear, then skimmed free of oil before recommendations, I am encouraged and its part of the growing Problems of air and being allowed to flow back into the Ohio? heartened by the trustees' statement. , With the full consultation and assist- water pollution. well above state standards for water purity. We're proud 611 the distance we've come, There are now no polution problems at Am- and we're determined to continue this cost- bridge. ance of many interested persons, we are ly and difficult job until we can report that THE FUTURE now preparing a program to implement pollution at has been licked. But what of the future? In nature there's the major recommendations of the Joint There is still a lot of work to be done. But neither reward nor punishment?just con- Commission report to estEtblish a nation- we feel it's important that you realize that sequences. Armco therefore, has chosen to al child advocacy system. As a result, I Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 S 2834 CONGRESSIONAL RECORD SENATE March 3, 1970 hope to introduce legislation on this sub- orities of equal emphasis: 1) the provision of primarily limited to pediatric assistance JeCt in the near future. comprehensive services to ensure the main- Also, our day care centers, as presently con- Mr. President, the excellent statement tenance of the health and mental health of ceived, are inadequate to meet the needs of of the eri Psychiatric Association all children and youth; 2) the provision of children under five because, of their relative Is worthwhile reading for everyone. I ask all needed remedial services for all children divorcement from the interplay of child and in trouble?the mentally Ill, the delinquent, family. A new mechanism, a new "thing," Unanimous consent that it appear at this point in the RECORD. the mentally retarded, and other handl- something that might be titled "child and capped children and youth; and 3) the estab- family development center," is needed to en- There being no objection, the state- liehment of a highly structured advocacy sure the availability of comprehensive health merit was ordered to be printed in the system at every level of government to ensure services, including not only pediatric care RECORD, as follows: that the first two goals are in fact realized but also genetic counseling, child neurology. and sustained. Posraml STATEMENT ON CRISIS IN' CHILD child psychiatry, obstetrics, gynecology, and MENTAL HEALTH: CHALLENGE FOR THE 1970's, In our view the Commission's program is related services. THE FINAL REPORT OF THE JOINT COMMIS- thoroughly in accord with the American tea- We also urge?as the Commission has not-- SION ON MENTAL HEALTH OF CHILDREN dition and, in our affluent society, is eco- that the newly developing community men- nornically feasible. If such a program were tal health centers be viewed as a major po- (This statement was approved by the to capture the imagination of the American tential resource for the delivery of services to Board of Trustees of the American Psychi- atric Association on December 12, 1969, upon people and their leaders, its gradual imple- children. Indeed, we believe that provision mentation would bring about desperately for such services should be specifically added recommendation of the Association's Task needed changes in the quality of American to the present five requirements of cornmu- Force on the Report of the Joint Commis- life and would, in due time, vastly strengthen nity mental health centers in their regula- sion on Mental Health of Children, COM- the nation's resolve and capacity to deal tions governing federal funding of such cen- prised of: J. Cotter Hirschberg, M.D., Stanis- with its awesome problems. Adoption of the ters. lam Szurek, M.D., Milton E. Senn, M.D., goals and the intent of the recommends- In projecting the kinds of needs that must Kent Zimmerman, M.D., Exie Welsch, MD., tions would, In the Commission's own words, be met in a total network and continuum of Richard S. Ward, M.D., Walter E. Barton. "rekindle the spirit of generosity, ce- mag- services, we would have them structured M.D., anti Robert L. Robinson, ex officio nanirnity, of neighborliness, of gentleness around the following headings: (The trustees have requested the task and compassion, and of zest and adventure 1. Services to normal children and normal forffe to continue its work of studying and that are part of the American heritage." families concerned with. developmental and recommending positions on the technical of the Joint Commission as necessary, SPECIFIC COMMENTARY AND I RETATION situational tasks. These services are both pre- ports ventive and actual and include such corn- and also to advise an implementation of the Soon' matters ofeRnaphasis Joint Commission's recommendations.) munity resources as pre- and post-natal It is important that/the psyehiatrist reader health services, well-baby clinics, day nurs- understand that th,e final report goes far FOREWORD eries, preschool programs, family and chil- The final report of the Joint Commission beyond an assessrhint of the clinical needs dren's agencies, public health nursing, and of the mentally ill/and retarded children and on Mental Health of Children is vast in scope other public health services youth. Indeed, will and detail. Its many recommendations. reaching Into all areas of national life, do not pisority to social, measures to pro lend themselves to blanket endorsement, one hand, and to They call for extensive study, adaptation, the clinical needs o and modification to accord with political, other, by far the grea social, and economic realities in the long- is devoted to the form range process of implementation. In the The fact that so man course of that process in the years ahead, many disciplines were able the Association will be called upon to adopt Commission's comprehensive an many "positions" on specific proposals of the program for the nation is, of cour Commissien. But there is, we believe, an oh- the report's outstanding virtues and i ligation on the part of the AssociatiOn to to it a quality of great historical significa offer an initial reaction to the report and Nevertheless, the trustees feel compelled some extended commentary about its find- point out that had -the work of the Commis- sion and its final report been closely focused gesting a stance of organized psychiatry with around the psychiatrist's view of the needs which it is hoped the overwhelming majority of psychiatrists will agree. 'if the child, the relative emphasis on pre- d The following commentary is offered in ventive and remedial needs would have been that context. It is largely based on the find- more balanced. While the clinician's VICAV of lags of a task force appointed in 1968 to ow the needs of -the emotionally ill child is ade- Suc formulate a position statement on the Corn- quately and even admirably stated in parts tio mission's final report for consideration by of the report, it is by no means highlighted. Nor psyc have the lengthy sections dealing with men the trustees. The trustees are most grateful to the task force for its assistance, environmental reform been properly concep- echo tualized to relate to the clinician's view of ther pledlgel. equa 2. Services to normal children with prob- eonomic, and educational lems in growth and development, which te mental health on the would not require specialized psychiatric help 'medial measures to meet but could be handled by such community re- the mentally ill on the sources as the family physician or pedia- portion-of the text trician, school health clinics, recreational services, vocational services, and the corn- xperts front so munity resources offered within many agree on the church-related activities. nnovative 3. Services to families in trouble. one of 4. Services to children who demonstrate a arts need for early intervention for minor erno- e. tional disturbances of an order that can be handled by psychologically and education- ally aware agencies and educational pro- rams and remedial services. 5. Services to emotionally disturbed chil- n who need specialized psychiatric treat- t but who are still able to reside in their families and their own communities. services would include special educe- 1 programs in the schools, pediatric- iatric outpatient services, community al health clinics, therapeutic nursery Is. group casework and group psycho- py, and therapy for parents and farn- Services for emotionally disturbed chil- who need placement away from their dies either because of their own degree cerned with currying out the Commission's emotional illness or because of disrupted program that the following general con:lidera' family structure, but children who are still etions are by far the most critical ones in able to function Within their own commu- planning, comprehensive health services for nities. Such services would entail foster care, children aged one to flve, boarding families, adoptive homes, group Provision for identification, comprehensive homes, and community youth centers. eiagnosis, and treatment of childhood men- 7. Services to children with severe emo- tal disorders is, indeed, of equal importance tional illness requiring hospitalization in res- with provisions for prevention and the pro- identird treatment centers, or inpatient pay- motion of mental health. chlatric centers, or children's psychiatric hos- APPROVAL AND COMMENDATION the child's needs in various stages of devel- dies The trustees hereby record their entliesi- opment. 6 astic approval and support of the spirit and principles underlying the findings of the Because they are not sufficiently all d lighted in the report, we urge upon al con- Joint Commission on Mental Health of Children. The Association may be prideful that it was instrumental in initiating the Commission in 1965. We wish to express our grattitude and congratulations to all who made possible so great an achievement, and most especially to Senator Abraham Ribicoff, who spearheaded the authorizing legislation in the Congress, to the many allied orga- nizations and agencies that participated, to the officers and staff of the Commission, sind to the hundreds of professionals and con- cerned citizens from our own and cooperat- ing disciplines who gave to the effort so much of their knowledge and tone. There is telling need and promise of ex- pitals for treatment and rehabilitation to tremely productive results in improving our facilitate their early return to family and presently inadequate medical services to the community. Such services may be provided in child in his first five years of life, especially a general hospital in a community mental by providing family planning services, sound health center, or a specialized psychiatric It is the intent of the Commission in its Prenatal care, improved obstetrical manage- hospital for children followed by aftercare final report to alert the nation to its past ment, and comprehensive pediatric services.. and rehabilitation. Child psychiatric hos- failures In meeting the needs of young peo- Ta the age range one to five It is the general pital care must be upgraded to ensure ade- ple from birth to adulthood, the Price that Physician, the obstetrician, the pediatrician, quote staffing and treatment programs, the we are paying and must pay for our failure, and the child psychiatrist who can play the provision of proper schooling and vocational and the promise that lies in remedying that most telling roles in providing these services, rehabilitation, as well as concomitant case- neglect. It pleads for a new kind of society, Well-baby clinics have been the principal work with the parents and often with the en- a child-respecting society, and' it projects a agency to serve mother and child after birth, tire family. comprehensive blueprint for structuring it. But in general they are of service only during ' With reference to state hospital care for In the new society there will be three psi- the first year of life and, in the main, are emotionally ill children, the Commission has Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 February 27, 1970 CONGRESSIONAL RECORD ? Extensions of Remarks ployees violates the provisions of the U.S. Constitution relating to freedom of speech and the freedom to assemble peaceably to petition for the redress of grievances. This portion of the Executive Order may be un- constitutional and void also due to their "chilling effect" on the right to peaceful effectuation of change through legislative means and on the right of legitimate con- certed activities of working people. Also under Section 19, the provision is made in the Order that unless the complaint of violation of this section is covered by a grievance or appeals procedure, the com- plaint will be filed with the Assistant Secre- tary of Labor who will decide the case and direct appropriate remedial action (see Sec- tion 6(a) (4) and 6 (b) ) . Thus, the remedy may be available in this Executive Order for disciplinary action against supervisors or management officials who violate employee or union rights; it all depends on how the Assistant Secretary of Labor interprets this section of the Order. To-date, the Assistant Secretary of Labor for Labor-Management Relations, Mr. Usery has given no indication that he intends to interpret his powers under the Order so as to allow him to take dis- ciplinary action against supervisors or offi- cials in management. Section 20: The use of official time for con- sultation and meetings between manage- ment and unions is made subject to negotia- tion between the parties. In President Ken- nedy's Executive Order such consultation and meetings were on official time. Now, it is a matter of negotiations between the parties. Employees representing unions who are en- gaged in negotiating agreements between labor organizations and government agencies will not be on official time. Management, of course, may be on official time during nego- tiations. Section 21: Allows agreement between unions and government agencies for volun- tary dues check offs from employees' pay. Section 22: Adverse Action Appeals: No change from Executive Order 10988. Section 23: Federal government agencies are required to issue policies and regula- tions for the implementation of Executive Order 11491, no later than April 1, 1970. "In- sofar as praCticable," agencies must consult with representatives of employee organiza- tions in connection with implementing this part of the Order. It will be interesting to see how much and what kind of consultation will be provided by the various government agencies in issuing policies and regulations to implement the Order. Section 25: Provides for the collection and dissemination of labor-management infor- mation needed by government agencies, labor organizations and the public. This is poten- tially a very important part of the Executive Order; again, it all depends on how It is Interpreted and carried out by the Depart- ment of Labor and the U.S. Civil Service Com- mission. Section 26: Executive Order 11491 was signed on October 29, 1969, and is effective on January 1, 1970, exeept Sections 7(f) and 8, relating to formal and informal recognition (see Sections 24(b) and 24 (c) ) . President Kennedy's Executive Order 10988 and his Memorandum of May 21, 1963, entitled "Standards of Conduct for Employee Orga- nizations and Code of Fair Labor Practices," are revoked as of January 1, 1970. In conclusion, the new Executive Order holds out a promise for the establishment of better labor-management relations in the federal service. Meanwhile the NALC must and will continue its attempt to establish labor-management by law as a solution to the problems facing employees and employee unions in the federal service. It is our opinion that the value of the executive order now 4epends upon meaning- ful regulations since the order itself left us wanting. OFFICE ON WHTFT.9 HON. CLARENCE D. LONG OF MARYLAND IN THE HOUSE OF REPRESENTATIVES Thursday, February 26, 1970 Mr. LONG of Maryland. Mr. Speaker, for almost 21/2 years now I have been using a mobile office to keep in touch with my constituents. On Saturdays, I travel to different communities through- out my district to find what help people seek and to get their suggestions on leg- islation. Recently a college_student--Mr. Robert W. Russo of leysville, Md., wrote a paper for ofhis classes using my office on wels as a subject. Bob was kind enou give me a copy of his delightfijVarticle which I should like to share th my colleagues today: OFFICES ON WHEELS very two years the people of America go the polls and elect their government oft.- leis. For the majority of voting Americans casting their ballots may be their only in- volvement in politics. We have created a communications gap between elected officials nd their constituents due to a lack of dia- regarding key issues. e D. Long, Democratic member of the House Representatives from the Sec- ond Congressi District of Maryland, real- izing that this gap been the downfall of many elected officials, decided to make an exception to the rule ? an unknowing constituency. Since his electio the House of Representatives seven years a he has been traveling to local Post Offices, t to bring his political message to the people, t rather to hear their problems, suggestion and to determine how he can best serve those he represents. Two and one half years ago, the Congressman purchased a small van-bus and created what is today a popular and welcome sight in Baltimore and Harford Counties?the Office on Wheels. The Office on Wheels is the Congress- man's traveling headquarters. Every other Saturday you can find Mr. Long inside the van, weather permitting, talking to his peo plc. "It's a problem solver. The purpose, the Office on Wheels is to find out whaythe people want." According to the Congress- man, "It helps me find out just What the people are thinking about." With the Congressman are four staff mem- bers. One, his secretary, Mrs. Marge David- son, keps a tally of requests, records names and addresses, and specific requests. 'Mrs. Hope, quite an appropriate name, is the other secretary who deals only with employment problems. When called upon she can pro- duce a listing of governmental and private business openings which the Congressman oan recommend to these people. Ed Andrews, a member of the Washington staff, is the initial contact for the people. He has them fill out a mimeographed form with their names, addresses, and problems or sugges- tions. When asked if the records were kept, Mr. Andrews answered, "You'd better be- lieve it! I just carried 10 boxes of them into the office for processing." Chris Pfrommer, who has been with Mr. Long since his elec- tion, acts as a liaison between the people and the Congressman, making sure all the in- formation is filled out on the form then introducing the people to Mr. Long. This reporter traveled to the Essex Post Office to find out just how effective the Office on Wheels is. At least 40 people had already seen the Congressman that morning and in the next hour 20 more came in. Mr. An- drews said that it was a rather slow day. Usually 70 to 100 people saw the Congress- man each time the Office rolled. The majority E1429 of people were over 40, well-dressed, and seemed a little nervous. A quick polling of the people indicated that it was their first visit. One woman said that she was having trouble getting foster children from the Welfare Department. She had applied and was qualified, but the red tape had kept the children from her for over. a year now. After many letters and phone calls, she was here to see if Congressman Long could help in any way. "I have raised two children of my own. They're both mar- ried and have families of their own. I know there are a lot of childre:a without homes and we want to help. But every one at the Welfare Department passes the buck. That's no way to treat a taxpayer." When she left Congressman Long's office, she had a smile of confidence on her face. "He said he would write a letter for me.'I know I'll get the chil- dren real soon." "It is not very often that I get complaints about my work in Congress, or Congressional work at all. Usually, people have requests to make," said the Congressman. Most people need help in solving a problem where they haven't been able to get satisfaction any- where else. Getting draft deferments, social security payments, and helping high school kids get into college are the most popular. Topping the list are veterans benefits and employment problems. Most of the people are satisfied after they talk with their Con- gressman, and according to his staff, most of the people get what they need, if the request is reasonable. "But we get some good ones," the Con- gressman stated. "One man came into the van carrying a dirty old towel, which had really seen its best. He told me this was taken out of his stomach, having been placed there by an army doctor during an emergency oper- ation. The towel had really messed up his system. I was a little skeptical,. but he had documentation from a doctor at Johns Hop- ins Hospital. He wanted me to get compen- s tion for him. I found out later from a law- ye friend of mine that he had carried this m n's case to the Supreme Court, and lost. B most of the people are quite nice about t Ir requests. The great majority are rea- nable, and we try to help." "We have saved literally hundreds of lives and placed countless people in jobs. One soldier came to me with a big problem. He had been railroaded by an Army court on homosexual charges. I spent a whole day arguing to get him a new trial. Finally, they granted him a new trial and he was exon- erated from all guilt. The blame was placed where it belonged." Congressman Long is very satisfied with the results of his Office on Wheels. He said, "The biggest problem in government today is communications. The higher up you get, the more isolated you get. There is nothing more isolated than a big General. I just wish Generals and the President would get out and meet the people informally, not car- rying a specific message, just to hear what the people want." When asked about the Office on Wheels, Congressman Long said, "It's like radar: you give out a beam and you get a reaction, People who get remote make mistakes." Over the last two and one-half years the Office on Wheels has traveled extensively in Baltimore and Hartford Counties just to lis- ten to the people; and over 6,000 people have had problems solved, found jobs, and gotten veterans payments. The Office on Wheels is a red tape cutter, a sounding board for prob- lems and ideas, and a way for the Congress- man to learn what his people want. The Of- fice on Wheels is a unique service from Con- gressman Long to his people. It has made him truly a representative of the people, for the people, and by the people; and made him one of the most popular Congressmen to date receiving 59.1% of the vote in 1968. In Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 pproved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 CONGRESSIONAL RECORD ? Extensions of Remarks rebbitary 27, 1970 es of Congressman Clarence D. Long, fiat from the Second Congressional Set of Maryland, the Office on Wheels rsr eat." And that is the Opinion of almost of the 6,000 people who have visited the Mobile headquarters of their representative 'to Congress. CAN ..SA,.1.4LATOP MIRV? HON. WILLIAM S. MOORHEAD OP PENNSYLVANIA IN THE HOUSE or REPRESENTATIVES Thursday, February 26, 1970 Vienna this spring. The men at the SALT table must 'ponder such questions as: IS a MIRV test ban negotiable? Would a stoppage of tests arrest this ballistic develop- ment? If each side arms its missiles with IVEIRV's, can any meaningful limit be made for stra- tegic missiles? Given a Ilmit to nuclear missiles, would vertfication of compliance be possible? If there are mainly negative answer:, to these questions then the SALT talks will not lead to a treaty limiting arms and the world may witness a vast expansion of strategic-weapon arsenals. It is no exag- geration to state that today the United States and the Soviet Union are perched on a narrow plateau separating the destructive technologies of the past decade from those Mr. MOORHEAD. Mr, Speaker. un- of the seventies. fortunately, with each passing month, MIRV, then, is an apocalyptic acronym. the chance for a meaningful flight test It is a newcomer to public print, having first been officially released in the Sept. 29, 196'7, moratorium on the MIRV gets less likely. issue of Life magazine in an interview with The word is, in fact, that the flight test can now Seereitary Frert S. McNamara. "We program is being speeded up, thus, nar- boosters NeVitehf,m,a,enly "each ofrowing even further the already slim heads," w se:111411 equip deorens hope of a moratorium with the Soviets, which can be aimed at a separate target.'We I would like to recommend, for the call this MIRV. . . ." attention of my colleagues, an article ap- Mr. McNamara also disclosed that the United States had two MIRVecl missiles? peering in the New York Times Magazine "Can SALT the Poseidon and the Air Force's Minuteman section on February 1, 1970, W. The latter is a 60-foot-long, three-staged. Stop MIRV?" by the nuclear PhYsicist. land-based intercontinental ballistic missile Ralph Lapp. (ICBM, Type LGM-300) carrying three nu- The MIRY is a perfect example of a clear warheads. Each of these three MIRV's weapons system that completely eluded is 10 times more powerful than the A-bomb the scrutiny of the Congress. In fact, if that destroyed Hiroshima. we could have effectively frozen the test- Actually, Hanson Baldwin had revealed ing of this program a year ago we would Poseidon's m.TEN nature in a New York Times account on Aug. 13, 1967. f have had a unique chance of reaching a f ea:fit:z jetcls gitoc The power rTimes Poseidon w The ormer rote : "Be- plateau in the arms race. However, I ? reatoer would venture to say that 90 percent of ry multiple warheads anwd 'each ofth can o enmigahri the Congress had never heard of the be individually programed against separate MIRV until it had been in production for targets." All these Mr. Baldwin omitted was over 1 year. This is a tragic lesson I hope the acronym. That was itself classified "SE- CRET" by the U.S. Air Force, thus confining we do not repeat. even official discussion of the new develop- I insert the above-mentioned article ment to a very tight community of persons In the REcoxo at this point: within defense circles. CAN SALT STOP MIRV? (By Ralph E. Lapp) Next October the arms race will enter a new and deadly phase as the U.S.S.James Madison leaves the Groton, Conn., yards and begins; its sea trials. The 425-foot-long SSN 627 is currently being refitted with 18 over- size launch tubes capable of holding a Posei- don ballistic missile. Each Poseidon will mount 10 nuclear warheads having more than twice the explosiveness of the atomic bombs dropped on Japan. The Madison is the first of 31 nuclear submarines to be converted to carry MIRV's?multiple independently targeted re-entry vehicles. A single Poseidon missile is thus capable of striking at 10 Soviet tai- gets which could becotne 10 super-Hire- shimas. Beyond that, however, the appear- ance of the MIRV raises the terrifying peen. sibility that the nuclear deterrent could be in the process of being transformed from a retaliatory, second-strike weapon toe "first- satellite-acquired data on Soviet targets have been coded and stored on magnetic "targeting tapes." Now this magnetic mem- ory is "implemented.- Through an elabo- rate communications ankage?MICCS (Min- uteman Integrated Command and Control System)?an innocuous-looking computer card bearing the code numbers is slipped into a computer at each Minuteman control site. At the root tips cst MICCS, underground command posts go into high gear, carrying out swiftly the various deuble-lock and veri- fication procedures needed to launch the missiles from their concrete underground silos. At the silo site, an automatic sequence e of operations is set in motion. Inside th giant three-stage missile, the flight control system is readied, the MIRV "brain" receives its target instructions, should they be dif- ferent from those already programed. The massive reinforced steel silo cover begins it slide back. The process is completely auto- mated: the nearest human being is a sugar- beet farmer a mile down the road from the fenced-in Minuteman site. A thousand buried missiles are poised ready for ignition, eepteble of being stopped now only by a countermand. It never comes The huge first stage of a Minuteman III based in North Dakota at the Minot Air Force Base ignites with a roar and a huge blast of flame fills the tower chamber. Slowly, it seems, almost lazily, the giant missile emerges above earth, freeing itself from its concrete nest, and, gathering speed, zooms straight up through a thick cloud layer. Stage 1 burns out, is decoupled by explosive connectors, and the second staes ignites as the less-heavy missiles streaks uu- ward on its ballistic course. It, too, cuts cee on command and the third stage accele- rates the "payload" to its 4-mile-per-secoett velocity. At this point, only tour minutes after the ' President pressed the button, the space bus and its three nuclear warheads are commit- ted to a ballistic course of some 5,000 miles in range and they will climb to a zenith some 700 or 800 miles above the earth's surface. A ballistic courseis eitsentially that of a rock The MIRV concept was first aired in the thrown in space; in the absence of a retard- trade press by Space Business Daily, whose ing atmosphere, its renge is fixed by its final Aug. 9, 1965, report referred to a MIRV con- velocity and its angle of projection, just as tract to be awarded to Boeing. The same in the case of an artillery shell. publication had reported in its April 21, 1964 The space bus begins to function by Issue: "The Air Force Ballistic Systems Di- shedding the upper shroud that protected vision planned to issue a request for proposal on its travel through the resisting air. It on April 28, 1964, for a program of investi- is important to stress. that the vehicle is en- gation to determine the feasibility of de- tirely on its own; it is not linked to earth veloping a guidance system for multiple for command, An entirely independent gulch maneuvering warheads that could be di- ance system is packaged in microminiater- rected toward a sa.riety of targets." ized form and includes accelerometers, gyro. The first details of MIRV technology were scopes and a sophisticated computer. Tni revealed on Dec. 13, 1967, when Dr. John S. fast-spinning gyros, an ingenious triple set Foster, Jr. gave a speech in Dallas, Tex. The of whirling "tops," serve to establish a stable Pentagon's director of research and engineer- platform in space ter the vehicle so that ing. who has devoted his professional career changes in direction can be sensed. Accelera- to weaponry, disclosed that MIRV stands for tors are gadgets capable of measuring minute "multiple independently targeted re-entry changes in velocity, the all-important facto]. vehicle." Dr. Foster, however, preferred to in determining the range of the MIRV. The ,call it a "space bus," because the payload computer must absorb the various data in- is a cumbersome package "which contains puts on the velocity and orientation of the many individual re-entry vehicles with ther- space bus and at the same time check with strike" weapon?i.e., one that would remove monuclear warheads." its memory bank, where it has stored the the deterrent by enabling one side to Enough is now known about MIRV tech- target in.tormatlofl. kneels out the other's missiles before they nology to permit an accurate description of The wizardy of spiees navigation was made could be fired, thus leaving the victim litrgety this modern Hydra. For example let us evident by the uncannily accurate flights ce helpless to strike back. By 1075, when the make a hypothetical projection to that most Apollo XI and Apollo XII. These, of course. last Poseidon-firing submarine leaves 1.,:a calamitous day in history when the Presi- were masterminded at the Houston con tre I yard, a total of 4,960 M1EV'a will be deploy- dent of the United States is compelled to center. Minuteman III uses essentially ars able at sea?or, to be more precise, under- Press the button authorizing and corn - same technical base for its guidance, lbs sea, By that time the U.S. Navy will have mending the US. Minuteman force to be ever. in our hypothetical and disastrous ex - spent a grand total of $18 billion on the launched. This is not to suggest that the ample, We shall tartest Novosibirsk, a Mt,' Polaris-Poseidon Strategic Missile System. United States plans to use its MIRV 's for a with a population ef more than a millior , This programed multiplication of 173. first strike?although such a possibility must rather than a dead spot on the moon. Naval nuclear firepower represents a quan. occur to the minds of Soviet military plan- The Minuteman HI computer reads out, tem jump in the arms race and as such it is mere. Doomsday date is Nov. 7, 1978. the target coordinates of Novosibirsk, queries a prime item on the agenda of the SALT Once the button is pressed, man turns the its instrument colleagues aboard the space (strategic arms limitation talks) meeting at entire issue over to computers. The latest bus for their information, computes the im- Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 A 1.1 ro Febru&ry 27, 1M" teed.RVINA021.05.106? CIA-RDP72-00337R0003010040018-3 Kt,COKto ? Extensions of Remarks E 1431 4 pact point and calculates the velocity and direction changes required to dispatch the first-round MIRV on target. The computer then directs the Space buS to execute this corrective maneuver by Sri ng small "vernier" jets for the proper number of seconds. This accomplished, the guidance unit rechecks for accuracy and, reassured, the computer gives the electronic command; "Fire One." MIRV "A" is nudged on its course and flies free. MIRV "B" is given very slight guidance changes to target an industrial section of Novosibirsk and to back up MIRV "A" in case a heavy antiballistic missile (ABM) de- fense is encountered. The third round of the Mark 12 nuclear ammunition is then directed to Stalinsk, a city of half a million people some 180 miles southeast of Novosibirsk. All three rounds are fired within a minute. They soar over the North Pole and arc down across Siberia. Having dispatched its trio of lethal mis- siles, the space bus adds insult to injury by detonating a series of small TNT charges that blow it into several dozen pieces. These proceed to descend on still another target area, presenting enemy radars with a vexing problem of identification. The three MIRV's themselves are sleek re- entry vehicles of "super beta" design, with needle noses and flared tails. Nine feet long and two feet in girth, they are engineered to produce minimum images on radar screens and thus Make detection difficult. With their metallo-ceramic heat shields, they easily sur- vive the heat of re-entry, and each explodes high over its target, triggered by an altitude fuse. The high air burst maximizes the area of destruction on the city below it, spread- ing heavy damage over 15 square miles. The mechanics of MIRVing introduce Cumulative errors in accuracy. The first round, for example, explodes a quarter of a mile from the aim point, but the third round veers slightly off course, exploding 0.4 miles from the aim point?not a matter of much solace to the citizens of _Stalinsk, however. Cities are large targets and the projected MIRV accuracies are greater than necessary to hit the vast majority of Soviet city targets. Striking at a hardened missile silo, on the other hand, calls for highly precise fire. Our hypothetical attack would impose heavy damage out to a radius of more than two miles from the aim point in the case of a city. A Minuteman HI warhead would have to Impact within 400 yards of a missile silo in order to knock it out of commission, It is because U.S. experts feel that most Min- uteman MERV% would not 'come within this impact distance of an aim point that they feel the Soviets should not worry about the U.S. striking first with a wave of Minute- man launchers. But by 1978, Amy technol- ogy will be far advanced over its present status. Soviet planners must assume the worst? a first strike on Soviet missile silos. This first- strike psychosis, although normal for a mili- tary mentality, , is absolutely catastrophic for the arms race, since it goads each side into making more missiles to survive a pos- sible first strike and present the attackers with nuclear retribution. Given an emer- gency in which the United States found it was under attack with warheads aimed at its missile silos, it might out of fear un- leash 'its entire Minuteman force in a vast spasm response. This would be the path to nuclear dernnation. In effect, the MIRVed ICBM is a magazine- loader mechanism that multiplies the war- head throw power of each missile launched. It is this multiplying power that so con- founds the problem of strategic arms limi- tation, since a count Of missiles silos would not be meaningful unless one could also count the warheads inside. Orbiting cam- eras routinely send back to earth detailed photographs of missile sites, but they cannot peek under the silo covers and see what is --drTkptc-4s 4diRimpr* a31. Approved F _ 2 _/05_ _ _ __ _ _ _ _ 7490ift30041)018-3 inside. Even if the silo covens were thrown open for inspection, the MIRV nose cone gives no clue as to its contents. One needs a screwdriver to make an inventory of how many MIRV's are inside. Not even the most optimistic SALT man hopes for screwdriver- type inspection. Poseidon, a two-stage missile, 31 feet in length and 30 tons in weight, also is MIRVed on the space-bus principle. Each missile has 14 barrels, but not all are used for warheads. Some are used to hurl decoys or other pene- tration aids, such as radar-blinding alumi- nized glass fibers, called chaff. A number of lightweight decoys can be substituted for the weight of one Poseidon warhead, which weighs about 200 pounds. Decoys are used to feint the defenders into using up anti- ballistic missiles, thus allowing real warheads to penetrate to their targets. While the MIRV technique allows separate targets, it also allows a s to be bombarded with a sequ spaced warheads. This is a tive technique to outwit might otherwise kill a simultaneously if they (The Polaris A-3 w head aboard U.S. nu- clear submarines t ay is a cluster of three nuclear explosives all Bred shotgun-style at the same target.) To put MIRV in proper perspective as a weapons system we need to enumerate the critical mileston in the past quarter of a century. First, th e was the A-bomb in 1945, followed by the t 'usand-fold more power- ful H-bomb in 195 1 and then by the IOBM in 1957. The str gic forceS of both the United States and th oviet Union are keyed to these developmen and nuclear deterrence today balances on e respect each side has for the other's nuc strike power. Under the McNamara managemen , the U.S. strike forces built up to a level of 1, 0 Minuteman ICBM's, 54 Titan II's and 6 Polaris SLBM's (submarine launched ballit- tic missiles). Total throw power: more than 2,500 warheads as of 1970. The Soviet strategic arsenal includes about 280 SS-9 heavyweight ICBMs, slightly more than 1,000 other ICBM's?mostly liquid- fueled SS-11's of Minuteman warhead power and solid-fueled SS-13's of less power?and roughly 300 SLBM's, Total throw power: about 1,700 warheads. However, the big U.S. worry is that the SS-9 can be adapted to carry three huge warheads or as many as 20 MIRV's of Minuteman III power. Soviet tests with their enormous SS-9 mis- sile show that they are using a triple war- head, although presumably most of the de- ployed SS-91s still mount a single warhead. There is much controversy within the U.S. intelligence community about the nature of the SS-9's multiplication technique. Sepa- rate warheads have been observed to splash down in a triangular pattern, leading de- fense officials to fear that the SS-9 is aimed at knocking out Minuteman silos. Whateve_.,r the present SS-9 warhead dispatc_11.....teell-- niques, it is certainly reasonable atsume that military technologies on both sides of the Iron Curtain are convergent?i.e., pro- duce the same or similar weapons systems_ From the U.S. standpoint, the most peace- ful move the Soviets could make in the next year would be to terminate deployment of the SS-9's. Continued production of these mighty missiles will make more pronounced the Pentagon's fears that the Soviets are building up a first-strike force. Such a move by the Soviets would infuse optimism into the SALT discussions on arms control. A number of persons deeply concerned about the stopping of the arms race believe that the best thing that could come out of the SALT talks would be a moratorium on MIRV tests. They hope, more than believe, that cessation of the missile teats would pro- duce an unfinished technology and leave the target e of time- ple but effec- e ABM's, which bar of warheads escended in a cluster. military reluctant to deploy unproved weap- ons systems. The difficulty with a MIRV test ban is that it is very late in the day to stop the technological clock that seems remorselessly to tick away. To understand this situation we need to go back-and trace the origins and development of MIRV. The top authority on the subject, Dr. Foster, described the origin and purpose of MIRV in an exchange with Senator mike Mansfield of Montana that is buried in Part 4 of Fiscal Year 1969 Def ense Appropriations (Page 2310) : Q. Is it not true that the U.S. response to the discovery that the Soviets had made an initial deployment of an ABM system around Moscow and possibly elsewhere was to de- velop the MIRV system for Minuteman and Polaris? . Not entirely. The MIRV concept was origiiil1y generated to increase our target- ing capability rather than to penetrate ABM defenses. In 1961-62 planning for tar- geting the Minuteman force it was found that the total number of aim points exceeded the number of Minuteman missiles. By splitting up the payload of a single missile (deleted) each (deleted) could be pro- gramed (deleted) allowing us to cover these targets with (deleted) fewer missiles. (De- leted.) MIRV was originally born to imple- ment the payload split-up (deleted). It was found that the previously generated MIRV concept could equally well be used against ABM (deleted). Dr. Foster's "aim points" could scarcely have been confined to Soviet cities. The U.S.S.R. has only about 50 city targets of Hiroshima size and a total of some 200 cities with populations greater than 100,000. A Soviet planner reading Dr. Foster's state- ment would not have to overly suspicious to assume that the United States was target- ing Soviet missile silos with Minuteman ICBM's. Target experts call cities "soft" and rins- e silos "hard." In general, a first strike se to hit at "hard" sites and thus deny re- talia ..ry fire that would impose unacceptable dama on the attacker. A second strike launche in response to a first strike would be eime at destruction of the attacker's cities and industrial complexes, but it is primarily t e great loss of life that is the knife-edge ? which mutual terror is bal- anced. It would b tragic in the extreme if a foe were to be ig orant of the damage he would sustain in th event of nuclear war. For this reason, Defe e Secretary Robert S. McNa- mara provid d the Soviet leaders with a Pentagon pr nt-out of the probable damage to be expe d by an attack with "X" hun- dred Min teman warheads. The Strange- lovian d age table which follows was re- leased publication Feb. 1, 1968: JET POPULATION I AND INDUSTRY DESTROYED Total Number of delivered population fatalities 5 warheads Industrial capacity destroyed (percent) 100 17, 000, 000 59 200 52, 000,000 72 400 74, 000, 000 76 800 96, 000, 000 77 1,200 109, 000,000 77 1,600 116, 000, 000 77 Au urban population of 116, 000, 000 is assumed for the year 1972. 2 Fatalities are calculated on the basis of "prompt response"? i.e., death within 24 hours. McNamara's advertisement of overkill probably confirmed the secret damage tables already compiled by Kremlin experts. The important thing here was not to communi- cate what Soviet military experts already knew, but to make absolutely certain that (.0 Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 E 1432 CONGRESSIONAL RECORD?Extensions of Remarks Feb rI.aiy re-entry vehicles (RV's) then each RV cbMil carry from 3 to 5 megatons, depending on its design and how it wile targeted. (If SS- 9 RV's targeted points hundred of miles apart the megatonnage would be reduced because propellant would have to be provided to stear the warheads to their widely separated targets. Defense officials now give conflicting testimony about the SS-9's RV's, some say- ing they are independently targeted, and others saying that they are capable of being thrown only in a cluster.) Whatever may be the status of the SS 9s present technology, few doubt that it is ca- pable of carrying five or six times as many warheads as Minuteman III. It is this asym- metry that so alarms neeny defense officiale. They feel that at the mite the Soviets are de- ploying the SS-9 missile, they will soon be capable of targeting the entire force of 1,000 Minuteman ICBM's. This was, in fact, the very basis of Defense Secretary Laird's case for turning the Sentinel antiballistic missile system into a means of protecting Minute- man silos. Any quid pro quo in arms limitation is obviously made very difficult when the stra- tegic systems to be limited represent un- equal fire power. One could arrange a quota system for battleships because there was little ambiguity about such naval vessels. But land-based missile:: can and do mount payloads of quite dissimilar power. MERV up- sets the simple arithmetic of one-for-one missile limitation and introduces a complex calculus. The SALT negotiator's will need great in- genuity to work out the higher mathernimics of arms control and, perhaps, even greater inventiveness in educating their constituents In the new math of strategic arms limita- tions. That this will be a slow process is seen by the fact that in the 1969 meetings at Hel- sinki the SALT men did not even get around to discussing MIRV technology. The basic dilemma of the would-be arms controllers is that they have no simple rule to equate nuclear fire power on either side of the Iron Curtain. The SS-9 and Minute- man III represents very considerably differ- ent throw weights. If the SS-9 can be fitted With six times as many re-entry vehicles as Minuteman III, the SALT talkers must fix some limit to SS-9 deployment that will satisfy U.S. experts that. no Soviet first-strike capability will exist in the future. Since the Soviets have continued deploying SS- 9's, they will soon have 300 of them. According to a statement made last month by Defense Secretary Laird, the Soviets are increasing the rate of the SS-9 deployment, This SS-9 deployment I': viewed as constitut- ing an annihilatory threat to the U.S. land- based ICBM's, Many Senators hold the view that the Soviet Union has a very specific in- tent for its 65-9 capability. Senator Strom Thurmond, for example, recently stated: "To sum up, then, Soviet strategic think- ing oontemplates a first strike, the Soviets have the capacity to build towards first strike, and they expect to be able to destroy our ICBM's without receiving a crippling blow in return." Senator Thurmond did not reveal his reveal his source of intelligence, but clearly the fear of a first strike now dominates the defense scene. The arrnsmonteol deadlock Is so serious that a number of dais ass intellectuals have become convinced that some bold step will have to be taken to make any headway. Some of these men have tuned heretical and have urged that the Minuteman ICBM system be abandoned, arguing that a system so shaky that it has to have its private ARM defense, which in turn is so shaky that it needs inner defenses to protect its radars, is not much oi a deterrent. Rather, it becomes an invitation to aggression. Asking the U.S. Air Force to give up its land-based missiles is real heresy. The fact Soviet political leaders were not in the dark about the degree of national damage they would suffer in the event of nuclear war. The Pentagon's damage table contains a qualification which is turnirty, out to be a prime energizer of the ante race and an immense obstacle to the success of the SALT talks. It is the word "delivered," applied to warheads. U.S. military planners cannot count on having every missile-warhead reach Its target. For example, a Soviet first strike could kill a Minuteman ICBM in its silo, or the missile might fail to launch, or to be correctly guided. Or, at the other end of the trajectory, the warhead might be killed by a Soviet antiballistic missile. MIRV, defense officials explain, is the "We Shall Overcome" answer to Soviet ABM's. By multiplying the total number of warheads attacking Soviet targets, we insure penetra- tion of a sufficient number of them to Indict unacceptable damage. In a second strike, of course. But do the Soviets interpret the vast ex- pansion of the U. S. strategic strike force-- approaching 10,000 MIRV's in 1976--as merely insurance of a. second-strike capabil- ity? Or do they look upon it as a first-strike force? Soviet strategists may be excused for being skeptical when they ldok over U.S. pro- nouncements on MIRV. We may add to Dr. Foster's answer to Senator Mansfield the fol- lowing: President Johnson on Jan. 18, 1965, stated: "Poseidon will have double the payload of the Polaris A-3, and will be twice as accu- rate. Its effectivenees against a hardened target will be greatly increased through in- corporation of pentration aids." A Jan., 1968, Defense Department state- ment on MIRV's reads: "They will be far better suited for destruction of hardened enemy missile sites than any existing missile warheads." Defense Secretary Laird on April 1, 1969, asked for additional funds "to significantly improve accuracy of Poseidon (1VIIRV) mis- siles, thus enhancing its effectiveness against hard targets." Dr. Foster on May 13, 1969, testified before the Senate Armed Services Committee: "The Polaris-type submarine is ideal as a second- strike weapons system, although it could be used in first-strike operations" The feasibility of using MIRVeci warheads in a first strike at missile silos hinges on the matter of accuracy. In the early nineteen- sixties, ICBM's had a C,E.P..of two to three miles---1.e., the circular probable error, or the radius of a circle within which 50 per cent of the warheads hit, was two to three miles. By 1969, the C.E.P. had dropped below one mile and was headed down to half a mile. In five years, given more testing. the accu- racy should shrink to a quarter-mile, and by the late nineteen-seventies some experts be- lieve guidance systems will land warheads within several hundred feet of the aim point. It should be added that some experienced missilemen are skeptical of such claims. The U.S. Defense Department has concen- trated its best efforts on development of MIRV accuracy. A total of $22-billion was spent on MIRV programs by midsummer of 1969, when the first flight tests of Minute- man UI and Poseidi in were made. This pro- gram is scheduled for completion by June. 1970. Senator Edward W. Brooke (R Masse , a member of the Armed Services Committee, hoped to interrupt the seemingly inexorable course of technology when be proposed, last April 24, that the two great nuclear .powers suspend testing of MIRVed missiles. He noted that "if MIRV is not controlled prior to deployment, it will probably not be con- trolled at all," and that "the present oppor- tunity for strategic arras control is highly perishable. Indeed, it is measured in months." Nine months have passed since Sen. Brooke's proposal, and MIRV tests are still going on?and the James Madison is moving ever closer to receiving Poseidons. Accuracy attained in MIRV tests for Poseidon appear to satisfy the U.S. Navy's strategic require- ments for nuclear retaliation. But even when the Poseidon research and development phase is completed next June, it is unlikely that the Navy will place much confidence in, the new weapons system unless it can be periodically tested at the Atlantic Missile Range. Data released in mid-December show that the U.S. Navy conducted 167 tests of its Polaris A-2 missile and 142 tests of the A-3. Many of the tests are believed to have been "redunclant"---Le., not absolutely es- sential to operational confidence in the weapons system. By June of this year the U.S. Navy will have spent $1.8 billion so far on de- velopment of the Poseidon system, and $3.4 billion on submarine conversion and missile procurement: The U.S. Air Force appears to have put more emphasis on missile accuracy than line the Navy. Confusion on this score must in- tensify Soviet worries about a U.S. first strike. Is the Air Force preoccupation with missile accuracy simply an exercise in per- fectionism?in stretching technology to its attainable limits? Or is it a deliberate accu- rate enough to dig Soviet missiles out of their protective silos? These perturbin,g questions are not re- solved by the extreme secrecy surrounding MIRV. One thing seems clear; no nation would want to make a first nuclear strike at another using a weapons system that had not been adequately tested. Therefore. a MIRV test ban might be a very useful re- straint of technology, provided that, it is agreed to before either side tests enough MIRV's to be confident of the system. And one must add an important qualification? namely, the test ban would have to come before either side believes the other to have reached this point of confidence. The Air Farce has carried out almost 150 tests of its Minuteman I and II missiles. If a MIRV test ben occurs before the Air Force completes its current series of Minute- man III tests, one might jump to the con- clusion that a test ban would undercut mili- tary confidence in this new weapons system. The facts aro that developmental tests will be completed, this spring, and that the sys- tem is already under production. While more tests will be programed, these will come under the heading of reliability and readi- ness testing. In the case of Minuteman many of the subsystems common to Minute- man I and n have already been extensively tested. When the Soviets first made overtures about SALT talks two years ago, a MIRV test ban would have been a highly useful device, but the MIRV clock has been ticking away steadily and a test ban this year would be much less valuable. If a MIRV test ban is to be accepted by the United States there would have to be provision for inspection of test violations. U.S. authorities privately make much of the fact that tae Soviets have deployed the mammoth E5-9 missile?each one costing probably $1.0-million?which has greater value for a first strike than the Minuteman III. To understand this asymmetric situation we need to take a cloeter look at the 55-9. A close-up look at the 85-9 is something that a U.S. strategist would dearly love. As it is, he must be content with blowups of photographs taken by satellite cameras, and with studying the ballistic data about SS-9 tests. U.S. intelligence experts hme con- cluded* that the 55-9 is a highly accurate missile capable of hurling a single warhead having the power of 20 to 25 megatons? roughly a thousand times the power of the bomb that eviscerated Nagasaki. If this im- mense payload is split up into three separate Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 Febrttdly 27, 1970 CONGRESSIONAL RECORD ? Extensions of Remarks that it is seriously proposed indicates how Intractable the .arms-Control situation is be- coming. It would undoubtedly precipitate a controversy that would make the Air Force- Navy clash on the B-36 look like a tea party. But it is becoming painfully evident that a failure to plan for the future control of weap- ons systems has brought us to our present Impasse. A way out of the arms race might be an agreement to work toward eliminating all land-based strategic missiles, telying instead on ocean-based systems like Poseidon. In this case, the size of the submarine hull and its practical limitation impose a near equal- ity on the throw power of each side. In effect, by going to submarines as the sole basis of missile deterrence, we more or less stand- ardize the size of the "first stage" of a "three- stage" missile. In this case, the first stage is the submarine itself. The submarine becomes the unit of fire power, and neither Side at- tempts to limit MIRV; it simply accepts the throw power of all the missiles carried on board. If the arms race cannot be brought under some measure of control in the early nine- teen-seventies, the problems of agreements at a later date will be severely complicated by the onrush of weapon technology. MIRV is by no means the ultimate in the instru- mentation of war. It is, in fact, only a pref- ace to a whole series of acronyms?ABRES, ULMS, SABMIS, SAM-D and others to secret for alphabetical obscurity. ABRES, for ex- ample, stands for Advanced Ballistic Re-en- try Systems. It is a defense program involv- ing MIRV technology started in 1965; to date, $540-million has been spent on this develop- ment. By the late seventies, weapons will come into existence that will make even to- day's emerging MIRV's look crude. Instead of "dumb" warheads that pursue a fixed ballistic course, the new systems will feature "semismart" reentry vehicles that home on their targets?and even take evasive action to avoid interception. The art of projecting bombs is very old, dating back to very early days of -warfare, but it did not start to become a science until Niccolo Fontana Tartaglia, an Italian mathe- matician, studied trajectories. His treatise on gunnery, first published in 1537, con- tained an observation that bears reproddc- tion now: "One day, meditating to myself, it seemed to me that it was a thing blameworthy, shameful and barbarous, worthy of severe punishment before God and man, to wish to bring to perfection an art damageable to one's neighbor, and destruction to the hit- man race." Tartaglia's self-admonition seems most re- mote from the ballistics of the James Madi- son, which puts out to sea this year and which in January of next year will be de- ployed with Poseidons on board. But Tar- taglia was surely on target with his thoughts when we realize that a single nuclear sub- marine could visit the nuclear destruction of 160 Hiro,shimas on another nation, THE GREAT AUTOMOBILE CONSPIRACY HON. WILLIAM F. RYAN OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Thursday, February 26, 1970 Mr. RYAN. Mr. Speaker, Americans throughout the country have begun to realize how very serious the problem of pollution is?in the air, in the water, and on land. Many of them have also come to re- alize that they must do whatever they personally can to help improve our en- vironmental quality. One type of pollution?that in the air, is costly in dollars and in health. And one of the primary polluters of the air is the automobile. Some people feel that their personal involvement in the fight against pollu- tion equipment when they buy a new car. Such equipment is available as a result of the strict automobile emission standards in the State of California. But recently, there have been reports that some people have been virtually prevented by the automobile industry from making their automobiles pollu- tion free. According to Jack Anderson, whose column today discusses this "Car Run- around," both the Ford and Chrysler motor companies are attempting to dis- courage the sale of the auto pollution equipment on new cars being sold in States other than California. And for those who are determined enough to in- sist upon the antipollution equipment, the companies make it a slow and arduous process. The question is why is the Federal Government so far behind the govern- ment of the State of California? Cer- tainly, there should be national auto emission standards equal to, if not greater than, those of California. For too long, the automobile com- panies have been promising that they would do their utmost about the prob- lem of pollution. But promises they made 15 years ago are still unfulfilled. Little or nothing has been done despite the fact that automobile pollution has been a problem for years. It is obvious that the American peo- ple cannot allow the automobile indus- try make the decision for them as to how soon the automobile will be pollution free. The time for begging and cajoling the industry to do something has gone. We must have action, and the way to spurn such action would be for the Federal Government to get tough with the manufacturing. We have been too lax, too long about adequate automobile emission stand- ards and by doing so, we have slowed cloyn the antipollution process. The State of California has taken the lead. The time has come for the Federal Government to take its rightful place in the leadership against automo- tive pollution. If American citizens are willing to pay for antipollution devices on their cars, they should be able to obtain them. The time has come for the Federal Government to stop pussyfooting around with the auto industry. The time has come for the Federal Government to show the automobile manufacturers that it means business? that air pollution is destroying our envi- ronment and will be wiped out. I include in the RECORD the portion of Jack Anderson's "The Washington Merry-Go Round" which appeared in the February 26 Washington Post and deals with this subject: THE WASHINGTON MERRY GO-ROUND: CAR RUNAROUND If anyone outside California walked into a Ford or Chrysler showroom and ordered a E 1433 new car with the advanced air pollution equipment now required by California law, he would be told he couldn't have it. Although the devices are the best available, this column has learned that Ford and Chrysler are actively discouraging their sale outside California. The price manuals issued by both com- panies to their dealers across the country state unequivocally that the special anti- pollution equipment is available on Cali- fornia cars only. Furthermore, the Chrysler computer sys- tem is programmed to reject automatically any order for the equipment should one come in from one of the other 49 states. Spokesmen for both Ford and Chrysler, nevertheless, acknowledged to this column that there was no reason why a determined buyer, willing to wait a little longer for his new car, could not obtain the special device. Thus both companies admit they have Issued false information to their dealers, which is bound to discourage the purchase of pollution-control equipment. The equipment in question is a system which curbs pollution from the evapora- tion of gasoline in fuel lines, tanks or car- buretors. It costs about $41:). A Ford spokesman said the company "thought it was advisable to test this system for a year to perfect the design and service techniques" .before making the equipment available nationally. He acknowledged, however, there was no doubt that the system worked effectively and he said no particular service problems had been encountered. YOUTH SERVES AMERICA HON. ROBERT PRICE OF TEXAS IN THE HOUSE OF REPRESENTATIVES Thursday, February 26, 1970 Mr. PRICE of Texas. Mr. Speaker, as we are all too well aware, militant youths have vented their venomous spleen on many of our social institutions. In the process, the police departments in many of our Nation's cities and towns have been targets of vicious attacks. To find a vivid illustration of the type of behavior I am referring to, one need turn no further than the just concluded Chicago conspiracy trail. Regrettably, behavior such as the defendants exhib- ited before and during the trial has been the subject of extended treatment by the media and the press. In fact, it seems that whenever youthful groups of mili- tant malcontents gather and demon- strate, the media and the press is there to record and circulate their outrageous activities. While I am confident that such is not the case in every instance, this happens so often that in the minds of many adults, American youth in general is becoming increasingly suspect. As a direct result of this growing cli- mate of dissatisfaction with youth, there is a tendency on the part of some peo- ple to overlook the fact that most Amer- ican youths are not militants of anar- chists. On the contrary, many of them are vitally concerned with the state of the Nation. In addition, their concern takes a positive rather than a negative direction. Mr. Speaker, I would like to bring to the attention of my colleagues one ex- ample of the kinds of positive actions Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 E 1434 CONGRESSIONAL RECORD ?Extensions of Remarks February 2 77 1970 The one-square-mile Isla Vista community is populated mainly by apartment-dwelling students from the ad 1 Scent University af California campus six sidles north of Santa Barbara. The demonstrators, numbering 1,000 last night, said they were protesting the war in Vietnam, the "eapitalisi eetaletielarnent," that financed it, and what a student spokesman called "Increasing police repression aimed at stifling political dissent." One demonstrator, Kevin McElhinny, 17. that youth is taking in an effort to con- tribute to society. An editorial appearing 'earlier this week in the Washington Evening Star stated that more than 125 college stu- dents have registered to take the civil examinations for the New York City Police Department. These students are not attempting to join the police force in an attempt to fulfill childhood dreams and fantasiers; rather, they are trying to render a greatly needed CoMinaDeity service. They realize what the militants ignore; namely, that creative involve- ment in social problem-solving, and not senseless destruction of social institu- tions is the true measure of individual concern. The students in the New York ex- periment are not fleeing to Canada to evade their military obligations; neither are they traveling to Cuba to harvest Castro's sugar cane. Instead, they are working within society in an effort' to improve society. This is the right way, this is the American way. I urge all my colleagues to read the following editorial. Perhaps the budding New York program should be experi- mented with throughout the Nation. After all, municipal police departments deserve the best of everything America has to offer. Both the needs of social order and the needs of social justice de- mand nothing less. The editorial follows: COLLEGE COPS In New York City, more than 125 upper- classmen at Harvard, Yale, and Princeton, as well as Union Theological Seminary other colleges, have signed up to take the New York City examination for the police force. They are not dropouts, actual or potential. They are, presumably, students concerned with the future of their society and their own contribution to that future. They also are students who have heard the powerful persuasion of New York Police Se/go:int David Dusk, a 1957 Amherst graduate now a Ph.D. candidate in public administration and sociology at New York University. Sgt. Durk's plea is simple and to the point. "If you really care about cities," he tells po- tential recruits, "if you really care about Individual people, don't join the Peace Corps or VISTA. Become a policeman." This statement flies in the face of the conventional wisdom of the New Left, in which police are "pigs" and oppressors of the masses, but as Sgt. Durk goes on to say, "The victims of crime today are overwhelmingly poor and mainly black. As a cop you can have a real and emmediate impact on the lives of people that is totally unlike any other alter- native before you." Sgt. Durk's program makes sense from every point of view: the raising of the sights of the police force as a community service organization, the channeling of youthful Idealism into effective outlets and even such more distant goals :13 the breaking down of false occupational barriers raised by the in- crease of the college population. The program he speaks for is a very hope- ful one as part of the continuing attack on the problems of the cities. May it be success- ful in New York and, be adapted to other cities, including our own.. CALIFORNIA BANK BURNED? COMMUNIST AGITATION AND PROPAGANDA?III HON. JOHN R. RARICK OP LOUISIANA IN THE HOUSE OF REPRESENTATIVES Thursday, Febr4as:ft?MI-49Zt.& Mr. RARICK eMr. Speaker, a Weire service story in Santa Barbara, CaRC:a San Jose, Calif., said ale bank Was under recounts thturning of a bank in v hat is \siege "because it was 1 tare, it was the big- gest ,capitalist establishment thing around." euphemis ally referred to as a "disor- Another demonstrator who wouldn'tive ills name said the bank "is an exameleg der" in e Isla Vista community, 6 miles d of from e CaMplei of the University of American capitalism watch is killing -people Calif' tia. all around the world and in the United tory also reports that William M. States." er, who is under sentence for The outbreak of fire, and window smash- cri nal contempt of court in Chicago, ing followed a campus 'speech yesterday aft- ma a "campus speech" which was fol- ernoon by William M. Kunstler, a defense attorney in the Gbieso riot trial, All the lowe by the outbreak of fires and Win- windows of the mteans. bank branch were dow shing. Readers of the Washing- smashed in the start ol the trouble Tuesday ton Sta however, are not told that the afternoon. rioting an burning followed a harangue Sheriff James W. Webster had described the situation as "completely out of hand" last by Kunstler which he repeatedly urged evening. He asked Gar, Ronald Reagan for his young 1 tiers to "take to the streets" in supp of the revolution. National Guard troops, but Guardsmen were not mobilized. The California eplvide is typical of the The bank fire was set by several protesters standard technique ofG mmunist agita- who rolled a gasoline-soaked trash bin in tion following conviction any of their through a smashed window, and set it ablaze number. It is the course ofa.ction which against a wail, deputies said. Students from all of us can expect as lo subve Ives. ng there is a nearby fraternity put out the blaze, but any Possible gain for the protesters fired it up aealn just before mid- Since Kunstler is supposed to defend night. Before the sweep of the area, helicopter H. Rap Brown in another riot and ar- officers using a bullhorn Wad a powerful spot- son case in Maryland next month ag is light ordered the demonstrators to disperse. not a bad idea for the appropriate \au- but few did. thorities in the Free State to consieler Shortly before the bank fire, demonstrators whether or not his conduct as an offi r overturned and burned a patrol oar after the two outnumbered deputies fled It was the of other courts merits his admission an officer of the Maryland courts eve second patrol car burning of the three-day . pro hac vice, or whether he should be disturbance.The bank manager said an undisclosed denied a forum for further incitement to aaricamt of money was in the bank's fireproof violence, vault and he did net expect to find it Notably, the appropriate authorities in magma Firemen had been ordered to stay away the District of Columbia are looking into om the bank blaze far fear demonstrators disciplinary proceedings in the case of Virginia ACLU attorney Philip Hirsch- ight attack them. "We went to the fire but the sheriff's men kop, sentenced for a similar contempt by 1 ed across the street wouldn't let us by," a Federal judge here. d Fire Capt. Clarence Saletti. "They Pertinent newsclippings are included 'ared for our lives be mime of the demon- in my remarks: ratars." [From the Washington Star, Feb. 26, 1970] -- - EIGHT HUNDRED PROTESTERS BURN BANK [From the Washington Star, Feb. 26. 19701 I SANTA BARBARA COTJRT DISCIFLINE PANEL PROBES ''D.C. 9" LAW yea SANTA BARBARA, Guar.?Rampaging de n- atratois protesting the "capitalist es lish- (By Donald Hirzel) meat" burned down a Bank ? meriea Lawyer Philip Hirsclikop, who received a branch early today while outnu reel police 30-day jail sentence for contempt during the and firemen watched helplasela. recent trial of the "D.0 9," has been referred Police reinforcerfients were called in as to the U.S. District Geurt's Committee on about 800 protesters watched the flames burn Admissions and Grievances for cliscipli- out the inside of the one-story, brick build- nary action, lag. Then a solid front of 240 helmeted oft- Hirstihkop's ease was turned over to the cars swept through the campus community, committee by Judge Jolla H. Pratt, who pre- Isla Vista, dispersing the crowd without a sided at the trial of the nine defendants confrontatior.. charged with vandaliving the Washington Retreating protesters threw rocks at ad- offices of the Dow Chemical Co. vancing polieemen? injuring 15 to 20 eff The committee could reprimand Hirsch- them?none seriously?deputies said. kop, suspend him from practice or disbar Police said they .0iTested 34 young persons him. for investigation of failure to disperse. The judge refused to comment on the sit- Deputies said later the situation was nation yesterday, but it was learned that the "pretty much under control" and that 051- committee already has reviewed the train- cars were dispersing about 200 steagglers script of the trial for evidence of contempt scattered along streets and alleys. by Hixechkop. Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 February 6, 1970 CONGRESSIONAL RECORD ? Extensions Write to these people?phone these people?tell them what is happening to your Children. Ask them to help. Ask them to call on their Congressmen and Senators for help. Finally, we must all remember that we are right. That in the end, right will triumph, even though there may be a rough road ahead for a few months. Right and justice are on our side, and we shall prevail. So let's all work together, confident that what we do to protect our children will succeed. Freedom of choice is still the law of the laud, and the law of the land is on our side. ACDA, STATE, AND DOD REPLY ON U.S. GOALS AT SALT TALKS HON. LEE H. HAMILTON OF INDIANA _ IN THE HOUSE OF REPRESENTATIVES ? Thursday, February 5, 1970 Mr. HAMILTON. Mr. Speaker, I thought it would be of interest to my colleagues to read some recent corres- pondence between the Arms Control and Disarmament Agency, the State Depart- ment, the Defense Department and my- self on the issue of our goal at the SALT talks. The letter to the ACDA is identical to those sent to the other two agencies. While I found part IV of Secretary Rog- ers' speech, included below, most infor- mative, I am still rather disappointed at the minimal amount of information being given to the Congress on this most urgent topic. Our need to be adequately briefed on the issues must not be slighted. The material referred to follows: Di/Cm:arm 8, 1969. GERALD C. SWITTN, Director, Arms Control and Disarmament Agency, Washington, D.C. DEAR MR. SMITH: I would like to know what our goal is at the SALT talks. Are we seeking a formalized treaty ar- rangement, or a more informal agreement to pursue parallel strategic arms limitations? - The distinction is an important one. I look forward to hearing from you on this Matter. Sincerely, trs H. HAMILTON, M.C. U.S. ARMS CONTROL AND DISARMAMENT AGENCY, Washington, D.C., December 11,1969. Hon. LEE IL HAMILTON, House of Representatives, Washington, D.C. DEAR CONGRESSMAN HAMILTON: Thank you for your letter of December 8, 1969 inquiring about the arrangements that might emerge from SALT. A most helpful statement regarding the goals of these talks was made by Secretary ...Rogers in his speech of November 13. I have enclosed a copy of that speech. Also en- closed is a copy of the President's message to Mr. Smith at the opening of the talks. . At this time I believe it is too early to forecast precisely what form the ultimate arrangements might take. Those arrange7 ments would, of course, have to be consistent with the requirements of the Constitution and the relevant statutes. I hope the attached material will be help- ful, and we appreciate your interest in this most important subject. Sincerely, WILLIAM W. HANCOCK, General Counsel. ADDRESS BY HON. WILLIAM P. ROGERS, SECRE7 TART OF STATE, NOVEMBER 13, 1969 STRATEGIC ARMS LIMITATION TALKS Next Monday in Helsinki the United States and the Soviet Union will Open preliminary talks leading to what could be the most criti- cal negotiations on disarmament ever un- dertaken. The two most powerful nations on earth will be seeking a way to curb what to date has been an unending competition in the strategic arms race. The Government of the United States will enter these negotiations with serious pur- pose and with the hope that we can achieve balanced understandings that will benefit the cause of world peace and security. Yet we begin these negotiations knowing that they are likely to be long and complicated and with the full realization that they may not succeed. While I will not be able to discuss specific proposals tonight, I thought it might be helpful to outline the general approach of our government in these talks. of Remarks In brief the nuclear deterrent, dangerous though it is, has worked. The present situation?in which both the United States and the Soviet Union could effectively destroy the other regardless of which struck first?radically weakens the rationate for continuing the arms race. Competitive accumulation of more sophis- ticated weapons would not add to the basic security of either side. Militarily it probably would produce little or no net advantage. Economically it would divert resources need- ed elsewhere. Politically it would perpetu- ate the tensions and fears that are the social fallout of the nuclear arms race. So a capacity for mutual destruction leticiS to a mutual interest in putting a stop to the strategic nuclear arms race. Nonetheless technology advances remorsfi- lessly. It offers new opportunities to both sides to add to their offensive and defensive strategic systems. Both sides find it difficiflt to reject these opportunities in an atthos- phere of rivalry and in the absence of a veri- fiable agreement. It raises temptations US seek strategic advantages. Yet now such 'ad- vantages cannot be hidden for long, and both sides will certainly take whatever counter- measures are necessary to preserve their retaliatory capability. This is the situation in which the two sides now find themselves. Where national security interests may have operated in the past to stimulate the strategic arms race, those same national security interests may now operate to stop or slow down the race. The question to be faced in the strategic arms talks is whether societies with the advanced intel- lect to develop these awesome weapons of mass destruction have the combined wisdom to control and curtail them. E 745 Nearly a quarter of a century ago, when we alone possessed nuclear power, the United States proposed the formation of a United Nations Atomic Development Authority with a world monopoly over all dangerous aspects of nuclear energy. This proposal might well have eliminated for all nations the dangers and burdens of atomic weapons. Unhappily, as we all know, it was rejected. The implications were obvious. Others in- tended to develop nuclear weapons on a na- tional basis. The United States then would have to continue its own nuclear program. It would have to look to its own security in a nuclear-armed world. Thus we established a national policy of maintaining nuclear weapon strength adequate to deter nuclear war by any other nation or nations. It was our hope then, as it is now, to make cer- tain that nuclear weapons would never again be used. The intervening decades have seen enor- mous resources devoted to the development of nuclear weapons systems. As both sides expanded their force levels an action/reaction pattern was established. This pattern was fed by rapid progress in the technology of nuclear weapons and advanced delivery sys- tems. The mere availability of such sophisti- cated technology made it difficult for either side by itself to refrain from translating that technology into offensive and defensive strategic armaments. Meanwhile, strategic planners, operating in an atmosphere of secrecy, were obliged to make conservative assumptions, including calculations on what became known as the "worst case." The people responsible for planning our strategic security had to take account of the worst assumptions about the other's intentions, the maximum plausible estimate of the other's capabilities and per- formance of our own forces. The Soviets no doubt did the same. Under these circumstances it was difficult during these many years for either side to conclude that it had sufficient levels of destructive power. II Yet that point in time has now clearly been reached. As absolute levels of nuclear power and delivery capability increased, a situation developed in which both the United States and the Soviet Union could effectively destroy the society of the other, regardless of which one struck first. There are helpful mutual restraints in such a situation. Sane national leaders do not Initiate strategic nuclear war and thus com- mit their people to national suicide. Also they must be careful not to precipitate a conflict that could easily escalate into nu- clear war. They have to take elaborate pre- cautions against accidental release of a nu- clear weapon which might bring on a nu- clear holocaust. III In point of fact, we have already had some successes in preliminary limitations. We have a treaty banning military activi- ties in Antarctica. We have a treaty banning the orbiting of weapons of mass destruction in outer space and prohibiting the establishment of mili- tary installations on the moon or other celestial bodies. We have reached agreement with the Soviet Union on the text of a treaty forbidding the emplacement of weapons of mass destruction on the ocean floors, about to be considered at the United Nations General Assembly. These are agreements not to arm environ- ments previously inaccessible to weapons. Manifestly there are fewer obstacles to such agreements than there are to agreements controlling weapons already deployed or under development. But even in already ''contaminated" en- vironments there have been two important control agreements: We have negotiated and ratified a Test Ban Treaty prohibiting the testing of nuclear weapons in the atmosphere, under water, and in outer space. We have negotiated and are prepared at any time to ratify simultaneously with the Soviet Union, a Nuclear Non-Proliferation Treaty. It should be pointed out, though, that the main objective of a Nuclear Non-Prolifera- tion Treaty is to prevent non-nuclear powers from acquiring atomic weapons. The treaty does not restrain any of the present nuclear powers from further development of their capabilities. The non-nuclear countries therefore tend to look upon the treaty essen- tially as a self-denying ordinance. Accordingly, during the negotiations they insisted upon asaurances that the nuclear powers would seriously pursue strategic arms negotiations. We concurred and incorporated a paragraph in the treaty which would re- quire us to do so. I mention this to underscore two points. First, that the disarmament agreements pre- Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 E 746 Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 CONGRESSIONAL RECOIL]) ? Extensions of viously concluded have widely been regarded In pursuit of this balanced strategy of as confidence building, preliminary steps security we will enter the Helsinki talks with which hopefully might lead to more mean- three obtectivits: ingful agreements on strategic arms. Sezonct, To enhance interrational security by main- when the United States and the Sevlet tattling a stable US-Soviet strategic relation- Union ratify the NPT, they will agree to ship through limitations on the deployment undertake negotiations in good faith for a of strategic armaments. cessation of the nuclear arms race. To halt the upward spiral of strategic arms le and avoid the tensions, uncertainties, and ootts of an unrestrained continuation of the However, given the complexity of the sire- strategic mew race. tegie situation, the vital national interesta To reduce tee risk of an outbreak of nu- involved, and the traditiOnal impulses to clear war through a dialogue about issues seek protection in military strength it is arising from the strategic situation. easy to be cynical about the prospects for Some say that there will be risks in such a the talks into which we are about to enter. process. But it is easy to focus too much on Nonetheless some basis for hope exists. the risks that would accompany such a new First is the fact that the talks are being environment and too little on the risks of held at all. The diplomatic exchanges lead- the one in which we now live. Certainly such ing up to these talks were responsible in nature. Arid the talks themselves will require discussion of military matters by both aide-, in which the veil of secrecy will have to be, if not lifted, at least refashioned. These factors lead us to the hope that the talks are being entered intc seriously. Second is the matter of timing. Previous disparity in nuclear strength has been suc- ceeded by the situation of sufficiency of which I have already spoken. And because this condition will continue for the foresee- able future the time then seems to be pro- pitious for considering how to curb the race In which neither side In all likelihood can gain meaningful advantage. Thirdis a mutuality of interest. Under present circurnstancee an equitable lirrate.- tion on Strategic nuclear weapons wotild strengthen the national security of both sides. If this is mutually perceived?if both sides conduct these talks in the light of that perception?sthe talks may accomplish an historic breakthrough in the pattern of confrontation that has Oharacterized tae postwar world. May I pause to point out again that I do not Wish to predict that the talks will be easy or that progress is imminent or for that matter likely. Mutuality of interest for states accustomed to rivalry is difficult to perceive. Traditions are powerful, Tempta- tions to seek advantage run strong. Develop- ments in other areas are bound to have an impact on these discussions. Both parties will approach the talks with great caution and pursue them with :im- maculate tare. The United. States and the Soviet Union are entirely capable of pro- tecting their vital interests and can be risks are minimal compared to the benefits 'or mankind which would flow from success. r am confident that this country will not let -town its guard, lose its alertness, or fail to maintain adequate programs to protect against a collapse or evasion of any strategic arms agreement. No delegation to any dis- armament negotiation has 'ever been better prepared or better qualiiied than the United State delegation. Tae risks in seeking an agreement seem to be manageable, insurable, and reasonable ones to run. They seem less dangerous than the risksof open-ended arms competition?risks about which we perhaps have become somewhat callous. I have mentioned the rewards of progress in terms of international security, world arder, and improved opportunities for re- placing a sta:Pmated confrontation with process of negotiatiens. But there are also other stakes in these talks that come closer to home. On both sides of this strategic race there are ur- gent needs for resources to meet pressing domestic needs.. Strategic weapons cannot salve the problems of how we live at home, or how we live in the world in this last third of the Twentieth Century. The Soviet Union. uhicia devotes a much larger proportion of its national resources to armaments than do we. hoist see this as well. Who knows the rewards if we succeed in diverting the energy, time and attention?. tire manpower and brainpower?devoted to ever more sophisticated weapons to other and more worthwhile purposes? Speaking before th a United Nations Gen- es al Assembly two months a.go, President counted upon to do so. So there is little Nixon said that he hoped the strategic arms chance that either side would accept an out- talks would begin socn because "there is no come that leads to its net national clisact- more important, task before us.' And he vantage. In our ease also we would not agree added that we must "make a determined ef- t(' anything adversely affecting the national fort not only to limit the build-up of stra- interests of our allies, view will continue le tegic arms, but to reverse it." be oonsulted as Use balks develop. Just last week President Podgorny of the On the other hand we must also recognize Soviet Union said: "A positive outcome of that a prime technique of international pet the talks would undoubtedly help improve ince?as of other pplitlas--is talk. If these Soviet-American relations and preserve and talks are serious they can lead to better st sengthen the peace." To that I say "Amen." itederstanding on both sides of the rationales He added that: "The Soviet Union is striv- behind strategic weapons decisions. This in ing to achieve precisely such results." Well, itself might provide a climate in which ta so are we: and in this we have the support avoid compulsive decisions, of the military services, of the Congress, and Talks need not necessarily cali for an ex- of the American people. plicit agreement at any particular sta,ge. ro that end this Government approaches Whether we can slow down, stop or even- the Strategic Arms Limitations Talk in sober tually throw the arms rape into reverse, re- and serious determination to do our full mains to be seen. It also remains to be seen part to bring a halt to this unproductive whether this be by a formal treaty or tree- and costly competition in strategic nuclear ties, be a series of agreements, by parallel armaments. action, or by a convergence of viewpoints re- sulting from a better understandingof le- -- spective positions. MESSAGE FROM THE PRIMIDENT TO AMBASSADOR What counts at this point is that a dialogue GERARD SMITH AT THE OPENING OE' THE Is beginning about the treenageinent of the 'iTRATEGIC ARMS LIMITATION TALKS AT strategic relations of the two suPerpowers on HELSINKI, FINLAND a better, wafer, cheaper basis than unco.n- lou are embarking upon one of the most trolled acquisition of still more weapons, mernentout negotiations ever entrusted to The United States approaches the talks as an American delegation. an opportunity to rest our security on what I do not mean to belittle the past. The I would call a balanced strategy. Antarctic Treaty, the Limited Test Ban Remarks Feb uary 6, 1970 Treaty, the Outer Spew Treaty, and most recently the Non-Proliferation Treaty, which we hope will soon enter into force, were all important steps along -he road to interna- tional security. Other leeks remain on the agenda of the United Nitions and the Con- ference of the Commitlee on Disarmament. Today, however, you will begin what all of YOtIr fellow citizens in the United States and, I believe, all people throughout, the world, profoundly hope will bo a sustained effort not only to limit the 1 und-up of strategic forces but to reverse it. I do not undereetim te the difficulty of your task, the nature of modern weapons makes their control an exceedingly complex endeavor. But this vent fact increases the importance of your effori Nor do I underestimate the suspicion and distrust that must be di teelled if you are to succeed in your assignment. I am also conecious c;* the historical fact that wars and crises between nations can arise not simply from the existence of arms but from clashing interests or the ambitious pursuit of unilateral interests. That is why we seek progrets toward the solution of the dangerous political issue.; of our day. I am nevertheless hopeful that your ne- gotiations with representatives from the So- viet Union will serve to ncrease mutual se- curity. Such a result is possible if we approach these negotiationt recognizing the legitimate security interests on each side. I have stated that for cur part we will be guided by the concept or maintaining "suf- ficiency" in the forces lequired to protect ourselves and our allies, l recognize that the leaders of the Soviet Union bear stuffier de- fense responsibilities. I believe it is potsible, however, that we can carry out our respec- tive responsibilities under a mutually ac- ceptable limitation and eventual reduction of our strategic arsenals. We are prepared to discuss limitations on all offensive and defensive systems, and to reach agreements in which both sides can have confidence. As I stated in my address to the United Nations, we are prepared to deal with the issues seriously, carefully, and pur- posefully. We seek no unilateral advantage. Nor do we seek arrangemente which could be prejudicial to the interests of third par- ties. We are prepared to engage in bona fide negotiations on concrete Issues, avoiding polemics and extraneous II ratters. No one can foresee what the outcome of your work will be. I believe your approach to these talks will demonstrate the serious- ness of the United States to pursuing a path of equitable accommodation. I am convinced that the limitation of strategic arms is in the mutual interest of our country and the Soviet Union. DEPARTMS NT OF STATE, Washington, D.C., December 17, 1969. HOTI. LEE H. HAMILTON, House of Representatives, Washington, D.C. DEAR CONGRESSMAN HAMILTON: The Secre- tary has asked me to reply to your letter of December 8 concerning SAI,T. I understand that Mr. William W. Han- cock, the General Counsel of ACA, has already written to you in response to an identical letter you sent to that Agency. As he pointed out, it is too early to forecast what form possible arrangements that might emerge from SALT would take. Whatever the arrangements, they would, of course, be de- signed to conform to Ci institutional and statutory requirements. Thank you for your interest in these negotiations. As the Secretary has indicated, progress thus far in the preliminary talks has been encouraging. Sincerely yours, H. G. ORBERT, Jr., Acting Assistant Seereary for Congres- sional Relations, Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 February 6, 1970 CONGRESSIONAL ASSISTANT SECRETARY OF DEFENSE, WaS7q/1007t, D.C., December 22, 1969. Hon. LEET1.11AmMrox, House of Representatives, Washington, D.C. DEAR MR. HAMILTON The Secretary of De- fense has asked me to reply to your letter of December 8, 1909, concerning our goal at the SALT talks. I agree with you that there is an important distinction between a formalized arms limita- tion treaty and an informal agreement. How- ever, at this early stage of our contacts with the Soviet Union, it would be inappropriate for the Department of Defense to make any statement on the desired form of agreement. The results of the complex negotiatioris on the content of a possible agreement will cer- tainly influence the President's decision with respect to its form. I trust you will understand that we cannot supply a more explicit response to your question at this time. Sincerely, 'IrtIAN-LI Wu, Deputy Assistant Secretary. A 16-YEAR-OLD'S ivIATtfrrx REFLEC- TIONS ON THE PQNSTIT'UTTON HON. VANCE HARTKE QV nitar.Alga IN THE SENATE OF THE UNITED STATES Friday, February 6, 1970 Mr. HARTKE. Mr. President, on a recent trip to my native soil in southern Indiana my attention was called to a speech given not long ago by a16-year- old student at Tell City High School, Mr. William Harry Hollander. Presented to Post No. 2113 of the American Legion, the speech stresses those dynamic and creative elements in our Constitution which help to keep it a vital and living document in a changing world: I was so struck by the thoughtfulness and cogency of young Mr. Hollander's reniarks that I wanted to share them with Senators. I, therefore, ask unani- mous consent that Mr. Hollander's speech be printed in the RECORD. There being no objection, the speech was ordered to be printed in the RECORD, as follows: THE CONSTITUTION IN A CHANGING WORLD In 1787 one of the most Important docu- ments in the history of mankind was writ- ten. The United States Constitution, drafted at a critical point in our nation's history, was intended to bind the young nation together and it did that job well. The United States had suffered through -a period of economic and political instability in the years imme- diately following the revolutionary war. The weak framework for the law of the land, The Articles of Confederation, was clearly not strong enough to hold the nation together for very long and so the states decided to strengthen the Articles by calling a conven- tion to reform them in 1787. Fortunately, the men appointed to the convention were fore- sighted enough to see that the articles should be discarded and a new constitution written. "The whole human race will he affected by the precedings of this convention", said Gov- ernor Morris, who headed the committee that eventually wrote the final draft. The dele- gates faced a tremendous challenge. The ex- amples of the past suggested the seeming impossibility of a large-scale republic. But RECORD?Extensions this revolutionary generation was not dis- mayed and eventually that is what they called for. When the convention was finished Benjamin Franklin, who was one of the dele- gates, was asked by a a lady, "Well, Doctor, what have we got a republic or a monarchy?" "A Republic," replied the sage, "if you can keep it." Remarkably, America has kept it. The fail- ure of others to do so points up the stability of our constitution. In the period of Ameri- can history since the constitution was adopted France has gone through five con- stitutions and has switched from a republic to a monarchy and back to a republic. In 1789, again in 1848, and once again in 1871 France was hit with uprisings not planned and instigated by conspirators but rather spontaneous revolutions by the mass of the French people and in 1948 virtually the en- tire continent of Europe was hit as well. Rus- sia may provide the best example of a revolu- tionary climate. Its' rulers frankly proclaimed autocracy the first and best principle of goVernment. In 1917 the autocrats fell and the communists took power. But these are not the only examples. History is filled with the stories of governments that failed to keep -up with times and were overthrown. Somehow, America has escaped violent rev- olution. Only once in our one hundred- ninety year history has the strength of the government been seriously jeopardized. It is not that America has not had its dark mo- ments. Many foreign governments would have toppled during the depression of the 1930's but even at that time the American govern- ment remained stable, sustained by a new President elected in the midst of that de- pression. Political assassinations have top- pled governments in other nations, yet the United States passed sadly but smoothly through the assassinations of four American Presidents in its relatively short history. What is the key to America's stability? I feel that it lies in the Constitution, the backbone of our system. Certainly few na- tions can boast of a constitution that has not been rewritten in two centuries and fewer still can boast of a more stable gov- ernment today. Violent revolution is virtually impossible In a nation whose political system is, by definition, concerned with the rights and interests of every citizen. But, in a nation of 200 million it is easy for the system to become detached from the people and if a nation is to survive it must keep in touch with the people, and with the times. That is where the American system, as outlined in the Con- stitution excels. History shows us how times change. The French monarchial system had worked for many years but by 1789, when it was over- thrown, it was obviously not working. For years the Russian people lived under autoc- racy but finally in 1917 they grew tired. In both cases the times had changed but the governments had not. Here in the United States one could hardly expect a'constitution written when only four million people lived in this country and the best roads were those of packed mud to effectively govern a nation of 200 million in the jet-age without chang- ing drastically. And it is true: America's Constitution has changed. The ideas set forth in 1787 remain but the forms of these ideas are unrecognizable. The United States Constitution has many built-in methods of change. Three are very obvious. The first one is perhaps the most exciting and the most dramatic example of democracy in action. That is, of course, the election. Through a national election every four years and periodic state and local elec- tions, Americans can vote to in effect "over- throw" their government. Certainly the re- sults of many past elections have made radi- cal changes in government policy. But, It must be pointed out that these changes were of Remarks E 747 made peacefully and by the will of the majority of the people. The second method, making amendments to the constitution is used less frequently, but can make just as dramatic a change in the nation. The United States Constitution has been amended only fifteen times since the Bill of Rights was adopted in December of 1791. But some of our most important and controversial changes have come about by amendments. The third method is probably used the most, yet recognized the least. That method lies in the awesome power of the courts to interpret the constitution. By changing in- terpretations to fit the times the federal court system is largely responsible for keeping the constitution one of the most important and respected documents in our changing world. But, if this document is to help us solve the problems facing our nation today we must first resolve to live under it. Those who preach violent revolution, no matter how small a minority they are, are ignoring the basic idea of the constitution: peaceful change. They cannot be allowed to inflict their methods on the government, though if we, as a government, are to survive we must at least listen to the views of all people. We must learn from the histories of other gov- ernments that a group of people whose views are not listened to and heeded by the gov- ernment are inclined to do away with or at least violently change that government. We have seen that America's Constitution pro- vides for the peaceful change that can make violent change unnecessary. But, we must make sure at all times that our machinery for change is in good working order for if it falters for even a moment we will be in serious jeopardy. In these changing times the constitution is facing a serious challenge but it has been challenged before and it has always survived. The Constitution was not meant to be an old, musty document, spoken of only in history books but rather a live, changing guideline for a nation on the move. As "Time" magazine observed in its January 5th issue of this year, "Most middle Ameri- cans and most radicals share one blind spot: they tend to forget that both the form and the content of the United States govern- ment have undergone enormous changes over the years and that the Constitution will tol- erate much more change without having the entire system collapse." Defending the American Constitution alone is not enough. We must make sure that the Constitution is in fact keeping up with the times, is not alienating large groups of so- ciety, and thus is not in itself breeding revo- lution. Abraham Lincoln said in 1861, "This coun- try, with its institutions, belongs to the peo- ple who inhabit it. Whenever they shall grow weary of the existing government they can exercise their constitutional rights of amend- ing it or their revolutionary right to dis- member or overthrow it." To me those lines represent the most valuable section of the United States Constitution:?the section that provides for changing what is wrong. Today, it may be that our political parties are growing too detached from the people, that too few people are choosing our candi- dates. It may be that younger people, with increased education, deserve the right to vote at an earlier age. Dozens of other possible problem areas in our government have been pointed out; certainly all do not need chang- ing, but the least we can do is explore into them. That is the challenge of the 1970's: to find what is wrong and change it while holding on to what is right. If the constitution will continue to change, and I think it can, Amer- ica will gain from the experience. As Benjamin Franklin told the lady after the Constitutional Convention, "you have a republic if you can keep it." ? Approved For Release 2062/05/06 : CIA-RDP72-00337R000300040018-3 Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 E 748 CONGRESSIONAL RECORD ? Extensions ADDRESS BY JAMES D. H1TrLE HON. CHARLES E. CHAMBERLAIN Or MIciuGatv IN THE HOUSE OF REPRESENTATIVES Thursday, February 5, 1970 Mr. CHAMBERLAIN. Mr. Speaker, re- cently I was privileged 10 introduce the Honorable James D. ? Hittle, Assistant Secretary of the Navy for Manpower and Reserve Affairs, to the Greater East Lansing Chamber of Commerce, East Lansing, Mich., who gave a Most enlight- ening, provocative speech on the current situation in Vietnam. I commend it to the attention of my colleagues and in- clude his remarks in the RECORD: REMARKS BY HONORABLE JAMES D. /TITTLE, AKILSTANT SECRETARY OF THE NAVY (MAN- POWER AND RESERVE AFFAIRS), AT THE AN- NUAL MEETING OF THE GREATER EAR LANSING CHAMBER OF COMMERCE, HELLO CENTER, MICHIGAN STATE UNIVERSITY, EA LANSING, IVIICH., JANUARY 15, 1970 xraTiorracToax REMARKS It is a pleasure for me to be with you th evening. I'm glad to be here for the very simple but real reason that I can join with you in remembering the man who was your friend and my father. For me to be present on the occasion of the firtt "Senator Harry F. Hittle Award" is an experience which I cherish and will long remember. It is not necessary to speak to you regarding my father's contributions to our State, his old-fashioned concept that public service is a normal duty of citizenship, and that our form of government is one of the finest achievements of man. However, I do want to tell you that from the rare vantage point of a son observing his father, r wat impressed early in life by his devotion to our principles Of law, our form of governnient, and the essential cora- mon sense of our citizens. In his quiet and sincere way, he had a deep and abiding affec- tion for all of you in this community. As many of you will recall, he was a man of great moral strength, and firmness of spirit, and had the determination to achieve that which needed to be done for the betterment of our cornmunity4 At the tame time, along with such strength of character, he had, as many 'of You will also remember, deep compassion for his fellowman. He Was a worthy antagonist in the courts and in the political forum. Yet, I well remember that he never had a personal enemy. He refused to personalize opposition. In a real sense he lived by the wise, but oft- forgotten proverb, that life is too Short to engage in personal animosity. And so tonight, on behalf of my mother, my sister, and for myself, I take this occasion to thank you for remembering my father with this first annual award which you have so generously established in his memory. Tonight I would like to talk with you about what we all recognize as one of the most important issues of our time. I refer to the Vietnam War. I would like to pass on. to you some of my thoughts 'as to those who are fighting there for freedom, and also, mr opinions, based on repeated Visits to Vietnam, as to the soundness of President Nixon's policies of Vietriarnization Let me say right at this point that any- one today who has serious misgivings about the character and the patriotism of Ameri- can youth should go to Vietnam---and those misgivings will be dispelled? . Officers and NCOs who have commanded in World 'War TI, Korea, and now in Viet- nam, are high in their praise of todars yoUng American fighting man. They Say without exception that the young servicen-ian of Remarks February 6, 1970 today is by far the best we've ever had in the Armed Forces. Of course, the reference to the magnificent services being performed by young Americans serving in Vietnam brings us squarely face to face with probably the most important single issue facing our Nation. /t is the issue of supporting our Nation and our Commander-in-Chief?The Presi- dent?in this difficult time. It is the natural role of responsible and understanding American citizens to make it crystal clear, through a show of patriotic solidarity that the protesters, the dissenters, and the faint-hearted are not the nzajority of the American people. During my recent visit to Vietnam, I was repeatedly told by our fighting men, many tours of duty there, y hoped tha e President would pported fully in la ,..yietnamization icy and the resulting pr?Qperly timed easured withdrawal of "U.S. Forces. They Said that if he gets this backing from the American people?as I am sure he will?their efforts in South Vietnam will come out suc- cessfully. I know that I need not tell you of the dan- ger of the proposals for a precipitant with- drawal of U.S. forces from South Vietnam. The President of the United States clearly forth the pitfalls of such a dangerous when he spoke in clear terms to the eople a few months ago. ent so well pointed out, such awal would allow the e massacres which Vietnam 15 unists po America As the Pr a precipitant w Communists to repe followed their takeover in years ago. At that time the murdered more than 50,000 people an hun- dreds of thousands more died a slow de" in the slave labor camps. And, of course, our precipitant withdrawal would endanger well over a million Roman Catholic refugees who fled to South Viet- nam when the Communists took over in the north. These are people who value freedom -of religion and the desire to worship God in their own way above all worldly possessions. They left their farms, their homes, their personal possessions and fled south, often with little more than their Bible. On one of my visits to Vietnam I had the opportunity to talk with one of these Catho- lic refugees from the north. We sat in a quiet corner of a side street tem-room in Saigon. He has, today, a very modest job? but enough to provide food and some sort of roof for his family. And, he has, he said, freedom. I asked him what would happen if the Communists should take over South Vietnam. He thought for a moment and said, "The answer is simple. There would be noth- ing but torture and death for my family and myself." Are those who are today advocating a precipitant pull-out willing to sacrifice a million people, such as this man and his family. Apparently, such sacrifice is accept- able to some. Just because the bloodletting and torture would take place on the other side of th world doesn't make it ahy more accep from the moral standpoint': There's one thing -that should well know: that freedom is visible, and that the destruction of freedom anywhere means the destruction of some freedom everywhere. A precipitant withdrawal from South ? Vietnam would mean also, as the President so pointedly stated, that it would be the first defeat in our Nation's history and that it would end worldwide confidence in Amer- ican leadership. You and I know full well that no nation can survive and reach the fulfillment of its destiny by letting down its friends, breaking its word, and running scared before the oppressor. If history teaches anything, it is that nations, like people, cannot with impunity break -their pledge or shirk their respon- sibilitities. I am confident that we all shared a sense of reassurance and new confidence when the President told the Nation on November 3rd that he was not going to take the easy way out; he was not going to endanger the quest for peace by a precipitant withdrawal. That he would not, in effect, preside over a retreat that would trigger a disaster of im- mense magnitude. By leading us in a policy of standing firm' on our word, by our pledge, to our allies and friends, and being iaithful to ourselves, the President also is moving toward the goal that Americans devotedly hope for. That goal is a firm and honorable peace. We Americans treasure peace but we know that peace at any price is the easiest thing to get. All we have to- do to get that kind of peace is to surrender. We also know that peace at any price is not really peace. It's the silent peace of the concentration camp? the blood splattered wall?the mass graves. But achieving an honorable peace is not a unilateral endeavor. After listening to the President's point-by-point account of the actions he has initiated in the quest for peace, one can only come to the simple but inescapable conclusion that failure to achieve peace in Vietnam rests firmly with Hanoi and not with the United States and our allies. In his search for the end to the conflict, the President has adopted the policy of Viet- namization of the struggle in South Viet- nam. It means to shift gradually the respon- sibilities of peace winning to the South Vietnamese. Of course, those, including the faint- arted, who criticize our stand in Vietnam ag nst oppression say that the South Viet- na St won't carry their own load and that hey won't fight. Well, let me say that this c uld very well be sheer falsehood and vicious propaganda. Let give you a few facts about the lie that the South Vietnamese won't fight. Let's a proach it this way: the number of battle ca ialties is a good indicator of the willingne of a people to fight. So, let's take the matteS of South Vietnam's military com- bat dead. lince 1961, almost 100,000 South Vietnames troops have been killed defend- ing their ountry against Communist ag- gression. his by any count is a heavy toll. Yet, the al significance of war casualties is in relat on to the proportion of total pop- ulation. If we roject South Vietnam's casualties into our U.S. population, which is about 13 times t at of Vietnam, we can better appre- ciate e impact of the war on the Viet- name-fl. T South Vietnamese combat dead total s t e equivalent of over one million combat d d for the United States. This means, in turn, that on a percentage of population basis, the total of military war dead suffered so far by South Vietnam is: More than 13 times our total in World War I; over three times our total in World War II; about 36 times our total in the entire Korean War. Therefore, when judged on a relative basis with what our own nation suffered in our great struggles against oppression, South Vietnam measures up extremely well. South Vietnam has, by every measure, set forth a high example of opposition to com- munism, and of sacrifice, devotion to free- dom and determination to keep it. What South Vietnam has paid and is pay- ing in blood to stay free deserves the com- mendation, not the condemnation, of free- dom-loving people. And still -the South Vietnamese are fight- ing and dying to turn back Communist ag- Approved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 January 26, iA roved For Release 2002/05/06 : CIA-RDP72-00337R000300040018-3 ? ? v 1 policy questions which might arise during the review. The Ceniniittee has also requested GAO to limit the distribution of .the report prior to its release by the Committee. Medicare is administered by the Social Se- curity Administration (SSA), Department of Health, Education, and Welfare .(IIEW). Xlii- .nols Medical Service ,(Blue Shield) has been operating under a contract With SSA to anakepaynients of Medicare Clairas_for physi- clans' services in several counties in Illinois, Including Cook County, In accordance with certain SSA regula- tions, Issued In August 1967, payments under the supplementary medical insurance por- tion (part B) of the Medicare program could be made for the professional services ren- dered to Medicare patients by supervisory or teaching physicians in a hospital in cases where the physicians are the patients' at- tending physicians and provide personal and 'Identifiable direction to interns and residents who are participating In the care of their patients. FINDINGS AND CONCLUSIONS From April 1968 to April 15, 1969, when, at the direction of SSA, Blue Shield suspended making payments of APCCH claims, APCCH had received _about 21.6 million in payments under part B of the Medicare program for the of attending physicians. The GAO review of patient medical records of Cook County Hospital indicated that the ;professional services billed by APCCH and paid by Blue Shield had been furnished, in almeat all cases, by residents and interns at the hospital and showed only limited in- volvement of the attending physicians in whose names the services had been billed. The GAO review of the hospital medical records applicable to selected Medicare claims for attending physicians' services showed that: For 60 of the 72 initial visits for which billings had been made, the medical records supporting the specific services billed dis- closed no involvement of any attending .physicians, although the SAA regulations provided that the attending physicians 'alioUld. review the patients' histories and physical examinations and personally ex- arnine the patients within reasonable periods after admission. (See p. 29.) For 129 of '747 follow-up visits billed no -notations had been made by any physicians, including residents or interns, to indicate that physicians had seen the patients. For the remaining 618 visits, which were sup- .ported by physicians' notations, attending physicians had been identified as involved in providing the services for only 35 visits and residents and interns had been identified as _providing the services for nearly all the re- maining visits. (Sep p. 31.) The medical records applicable to 38 con- sultations for which the Medicare program had been billed disclosed no involvement of the attending physicians in whose names the services had been billed.