SUPPLEMENTAL APPROPRIATIONS, 1975
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Publication Date:
November 20, 1974
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Approved For Release 2001/11/16 : CIA-RDP76M00527R000700020009-3 S19715
?...rovember 20, 1974 CONGRESSIONAL RECORD -SENATE
i n Once
s o
e
f
TIME TO FACE THE ISSUE
islatures have apparently found it
le
Th
g
e
convenient to pass the buck to the police,
prosecutors and- courts to ameliorate the con-
sequences of criminalization. The police re-
spond unsystematically and inconsistently;
the prosecutors decline to prosecute, some-
times with screening guidelines, most of time
without them; and the judges respond ac-
cording to their own views of the offense and
of their role as judges. The real victim of
legislative buck-passing is the rule of law.
Police, prosecutors and courts roam at large
in a sea of discretion because the public
doesn't want to punish but the legislature
doesn't want to repeal.
Each legislator in every state should ask
himself if he would vote to make possession
of marihuana a criminal offense if there were
no criminal sanction now in effect. If the
issue is thus put, I am sure the answer is
"no." The public would not stand for it.
If use of marihuana-a previously un-
known drug-had suddenly appeared on the
u~o
population and on the same scale it.
now achieved, prohibition would not even an "infraction" but most call it a "civil vio-
been considered. The drug is used privately lation." One of the principles underlying
as a social drug, with shared ritual and this reform is that the criminal sanction
meaning, among a broad spectrum of the should be reserved for morally reprehensible
American teenage and young adult popula- conduct and should not be diluted by ap-
tions. For the most part, use of the drug plication to conduct without serious social
has not been associated with visible anti- consequence.
social behavior. If marihuana had no past. Marihuana use, of course, is'the perfect
the issue would be whether some form of candidate for classification as a "violation,"
government regulation would prove benefi- as the Oregon legislature recognized. The
cial to the users or to the public coffers. problem of `marihuana use is not unique
And even then the using population would from a sanctioning standpoint.' There are
insist that any restrictive action be tailored many examples of behavior that society
narrowly to achieve a specific governmental wishes to prohibit but which are not serious
purpose. enough to warrant the criminal sanction.
The answer should be no different when Sometimes the law has the perfect word for
the question is whether or not to repeal the the occasion-in New Jersey, the non-crim-
prohibition now on the books. Indeed, the anal offense is called a "nuisance violation"
decision is made easier by the fact that the In my opinion, that Bums up the issue per-
costs of the criminal sanction are so well fectly: marihuana use, under present cir-
documented. cumstances, is a nuisance, not a disaster; it
But somehow it does seem to make a big there is to be a sanction, it should be form-
,difference. It is contended that use of maxi- elated in keeping with the minor social con-
huana would be encouraged by decriminali- sequence of marihuana use.
+~ nOPT though the substance itself FOOTNOTES
distribution would be outlawed. If the af- session of small amounts for personal use and on the Urban Police Functions ?? 3.1-3.4,
firmative act of repeal is thought to be en- casual, non-profit distribution of small 4.1-4.3; Standards on the Prosecution Func-
ered the then we have finally uncove amounts. The two activities are functionally tion ?? 3.4. 3:9.
ered the pivotal explanation for legislative equivalent, as the Commission, the Congress 13 See the Marihuana Conviction, page 281.
inertia. and man other legislatures have recognized.
History has woven a web around the use y 1* See, e.g., Menard v. Mitchell, 430 F2d
See Marihuana: A Signal of Misunderstand- 486 D.C.. IMO); Menard v. Saxbe, 498
of marihuana; public and legislative reluct- in at pages 157-58.
ylvi C. Cir. 1974).
g
r
ante to modify or eliminate marihuana pro-
s Marihuana: A Signal o u Half the state statutes bar from public
b ongn 194 is based attitudes molded ing, pages 138-146; 161-167.
by y two generations s of illegality. In his recent statements n this matter, employment persons with criminal records of
Marihuana use in the 19607 confronted a one kind or another; the other half authorize
system of criminal rohibition which carried Dr. DuPont has reaffirmed e distinction the administrators in their discretion to deny
its own meaning as' defined in another time. between the health-related I ucs and the employment to persons with prior criminal
cr mtnal law issues. In the foe h Marihuana records.
Decades of classification as a narcotic, the and Health Report, the feder government
presumptive immorality attaching to fe- has continued its prudent effo to dissemi-
lonious conduct, and the implication of ad- nate up-to-date information a ut the ef-
diction, crime, and insanity had instilled in marihuana on health d behavior.
the public consciousness a fear of mari- fects of uncertainty about ese effects
huana unjustified by the demonstrable ef- Continuing and the suggestion that there y be seri-
fects of its use. ous risks from heavy use-clearl ustify Dr.
That fear and its codification by law now DuPont's efforts to discourage i iation and
bars the way to a much needed reform. continuation of use. But this eculation
Because the origins of marihuana prohibi- about the potentially harmful effects of
tion undercut modern efforts to repeal it, heavy marihuana use on indivi al health
I have attached, as an appendix, some rele- must not be allowed to obscur the well-
vant excerpts from The Marihuana Convic- documented harmful effect of the arihuan'.
tion (University Press of Virginia, 1974) by laws on the public well-being.
Professor Charles H. Whitebread and my- a The only debatable issue is wh
self. huana ought to be legitimately
SOME COMMENTS ON THE CIVIL FINE - a regulatory system for use as an,
The only defensible alternative to a full or whether, instead, the prohibit
nd distribution outsil
ti
on a
de-penalization of marihuana use is the tiva
substitution of a civil sanction for possession channels should remain in fort
that a regulatory apprc
i
i
on
s
in public. I refer of course to the Oregon opin
scheme recently endorsed by Dr. Robert Du- the-long term, a preferabllev impi
o
a
.
r Drug Abuse Prevention.
f
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As noted earlier, if violators are fined for
every detected violation, the deterrent value
of the civil sanction may approach, or
exceed, that of a sporadically applied
inal sanction. In my opinion, the ounce of
deterrence thereby preserved does not war-
rant the diversion of law enforcement re-
sources on the administrative burdens. How-
ever, for a legislature unwilling to discard
the symbolism of illegality, the civil fine of-
fers an acceptable substitute for the unac
ceptable criminal sanction.
In this regard, I should note that a civil
sanction for marihuana use is in keeping
with a significant modern trend. Commenta-
tors and public officials have consistently
lamented the phenomenon of "overcriminali-
zation"-the tendency to attach a criminal
sanction to any and all disapproved behavior.
Although the statutory label varies, an in-
creasing number of states have adopted the
recommendation of the American Law Insti-
tute's Model Penal Code in 1962 to establish
a category of offenses which do not give rise
to the civil disabilities attending conviction
medical
My own
h is, over
.
poss
s
ority is decriminalization o
this has been done, the Congress and the
state legislatures should initiate serious in-
vestigations into the alternative regulatory
a
ih
uan
approaches. See generally The Mar
Conviction, pages 299-304.
G This is apparently not the case since
alcohol is demonstrably more harmful. See
Drug Use in America: Problem in Perspective,
pages 116-117, for the comparative effects of
psychoactive substances.
G This is not necessarily an obvious con-
clusion. The connection between mere use
and drug-related risk may not be close
enough. to warrant a discouragement policy
toward recreational. use of marihuana. See
Marihuana: A Signal of Misunderstanding,
pages 131-135; see also Drug Use in America:
Problems in Perspective, page 147, 205-208.
In this connection, marihuana should be
contrasted with substances having a greater
reinforcernwit potential, such as tobacco
cigarettes on one extreme or heroin on the
other.
+ See generally the Uniform Drug Depend-
ence Treatment and Rehabilitation Act,
especially ? 412. See also Drug Use in Ameri-
ca: Problem in Perspective, pages 243-277;
Bonnie and Sonnenreich, Legal Aspects of
Drug Dependence (CRC, in press 1974).
8 See generally, Zimring and Hawkins, De-
terrence: The Legal Threat in Crime Control
(1973).
8 See Heller, A Conflict of Laws; The Drug
Possession Offense and the Fourth Amend- -
ment; 26 Okla. L. Rev. 317 (1973).
10 See the discussion at pages 12-14 infra.
u That is, - the mere declaration of crimi-
nality may make the difference. Scholars
refer to this possibility as the "moralizing"
or symbolic effect of the criminal sanction.
This phenomenon probably doesn't play
much of a role for marihuana use given
changing public attitudes toward use and
given the predominant role of social factors
in determining whether an individual will
use the drug.
sE See The Marihuana Conviction, page 282-
284. ComOare the ABA Standards on Criminal
Justice which legitimize police and prosecu-
SUPPLEMENTAL APPROPRIATIONS,
1975
The ACTING PRESIDENT pro tern-
pore. Under the previous order, the Sen-
ate will now resume the consideration of
the unfinished business, H.R. 16900,
which the clerk will state..
The legislative clerk read as follows:
A bill (H.R. 3.6900) making supplemental
appropriations for the fiscal year ending June
30, 1975, and foe other purposes.
The Senate resumed the consideration
of the bill.
NOTE
On November 19, 1974, during the con-
sideration of supplemental appropria-
tions, 1975, Senator YouNC proposed an
amendment on page 519621 relating to
restoration of northern border activities.
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CONGRESSIONAL RECORD - SENATE November 20, 197,
The RECORD should reflect that in the side have always Joined In it. Here there ment provide that 10 percent goes to the
course of debate thereon, at his request, Is the same reasoning exactly. Rayburn Library?
the name of Senator BURDICK was added As of June 28, a total of 8,327,063 Mr. HUGH SCOTT. It will, as soon as
as a cosponsor. The permanent RECORD coins had been sold. But of that sum, I modify it.
will be corrected to show Mr. BURDICK 10 percent-I hope the Senator from The PRESIDING OFFICER (Mr.
as a cosponsor of Mr. YOUNG's amend- Arkansas will notice this-$832,706.30, CRANSTON). The Senator's time has ex-
ment. was transferred by the college to the
pl
The ACTING PRESIDENT pro tem- Rayburn Library under the authorizing Mr.
pore. The pending question is on a HARRY F. BYRD, JR. that Mr. e
ghee- legislation. The orders for the silver dent, , I ask unanimous consent that there
re
ing to the Scott-Mansfield amendment. dollar were closed as of June 28, 1974. be inserted at this point in the RECORD
Mr. HUGH SCOTT. Mr. President, I For the period of 1975-76 the coin the editorial I referred to from the Rich-
yield myself 2 minutes. will be sold only as a part of the Bicen-
I have written a letter to all of our tennial coin receipts pkage, with li nd News Leader entitled ` A Few Mil-
colleagues on behalf of Senator Mans- from the sale of th se coins o0 go to hlion Here .. ,"
field and myself, pointing out that he college. However, after 1976 the coin will There being b prin eon, the editorial was and I have sponsored this amendment again go on the market and the proceeds as follows ed to be printed in the RECORD,
appropriating $10 million for Eisenhow- will again be eligible to be funneled into er College in accordance with the author- the colleges. Presin A
t F Ford aHERE nd .. . on Ilia
ization signed into law October 11 last. It should be remembered that even than Ford nk a hander job to woo
This money Is not to come from the through, Eisenhower College cannot Congress gr than he thinks a he hopes o woo
Treasury's general revenues, but, rather, receive the proceeds from the sale of the The road to the its free-spending has habits.
from the sale of the $10 souvenir Eisen- Bicentennial coin, the Treasury Depart- worn smooth by the knees of s pplicants
hower silver dollars. ment does still receive the profits. who crawl with outstre, shed palms,
The Treasury has already realized Mr. President, I again suggest the seeking succor in the form of tax dollars.
more than $830 million from the sale absence of a quorum. Unfortunately, Congress enjoys the role of
of the souvenir coins. The ACTING PRESIDENT pro tern- cause itoc, and It
wortm says "no" to any consi I would like to stress that the amend- pore. On whose time? cause t 't say "n worthy.
ment is not designed for the relief of Mr. HARRY F. BYRD, JR. Mr. Presi- voted ito amp nria the other day when it
Eisenhower College alone. If it were dent, will the Senator from Arkansas benefit of the Eisenhower oll ige and the for
solely for the purpose of assisting a yield? eg the
Sam Rayburn Library. The Eisenhower
.single hard-pressed school, I would not 'Mr. McCLELLAN. I yield 2 minutes. College opened its doors in 1968 with a $5
be a sponsor. I share the concern that Mr. HUGH SCOTT. I withdraw my million contribution from public funds.
there are many deserving colleges merit- suggestion as to the absence of a quorum. and college sponsors told Congress that
ing assistance. The ACTING PRESIDENT pro tern- $5 mlls
lion wo t ar, o be enough, thank.
This appropriation, however, is for a pore. The Senator from Virginia is ree- But lam year, college spokesmen changed
living memorial to the late President ognizettfor 2 minutes. give their minds and entreated Congress to
Eisenhower, a memorialspecifically des- pr the college- $io minion from the
Mr. HARRY F. BYRD, JR. MT. Presi- proceeds of the sale of Eisenhower dollars.
Ignated by General Eisenhower who felt dent, I have great admiration for Dwight The bill didn't go through last year, but,
that the college would be preferable as a D. Eisenhower both as an individual and like all dubious legislation, it returned this
memorial rather than a cold, sterile as a President. I think he made a good year. This time around, opponents lost their
monument. President. I think he was a great general, light. Eisenhower College officials had agreed
Before his death, General EisenhOiver a great American. to divert 10 per cent of the college's requested
visited the school, and today his family, I have considerable doubt, however, as $10 million to the Sam Rayburn Library. The o particularly his widow, Mrs. Mamie to the wisdom of this particular amend- pptutiony m bestow public t oral le two
aders
Eisenhower, and his former comrades ment. I would like to ask the Senator institutions ied irresistib a oath ennations legislators.
of World War II-and a host of his ad- from Pennsylvania a question, if I might. The bill passed, and President Ford signed
mirers, Including the distinguished pres- The- Richmond News Leader in an edi-- it. -
ident of the AFL-CIO, Mr. George torial says that Eisenhower College offi- Only a few demurrers were voiced about
Meany-all strongly support this pro- ciais have agreed to divert 10 percent of the doubtful rationale for funneling federal
posal. the college's requested $10 million to the cash to private institutions. Congressman
I would hope that my colleagues would Sam Rayburn Library, another great H. R. Gross of Iowa denounced the appropri-
join me in this matter. American. ation as a log-rolling device for indirect
Just to give a little history- There are several ramifications to this, financing. Representative Edith Green ques-
The ACTING PRESIDENT as I see It. tinned the wisdom of singling out two private
pro tern- institutions for federal aid when hundreds
pore. The Senator's 2 minutes have ex- Is that correct, that part of the funds of others need help. Wall Street Journal re-
pired. will go to the Sam Rayburn Library'! porter Albert Hunt wondered about the split
Mr. HUGH SCOTT. I yield myself 1 Mr. HUGH SCOTT. That is my under- appropriation for a college located in Seneca
additional minute. standing. I had earlier made that state- BFalls, New York, and for a library located in
onham, Texas. "One rationale for this is that
As a matter of a little history, I think ment here in the Chamber.
I ought to add that we helped in the Mr. HARRY F. BYRD, JR. I assume Fthe alls, NewaYork,ncamp secan theneusenthe
same way to finance the John F. Ken- the only reason for that-maybe there- is library facilities in Bonham, Texas, some 1,500
nedy Center for the Performing Arts. i another reason-or the apparent reason, miles away," he wrote.
cosponsored legislation for scholarships is that that would help get votes for the Criticisms such as these don't bother a
in honor of the late President Truman. legislation In the House of Representa- majority of Senators and Congressmen. Time
I think I was one of the first cosponsors tives. Is there any other reason why they and again they have voted to appropriate
to the suggestion made by the distin- would be diverted? project more funds, projects initially funded, it
guished Senator from Washington (Mr. Mr. HUGH SCOTT. I would not ascribe heartsandope to die-that the rfi st fund-
MAGNUSON), and the distinguished Sena- such motives to anyone. It may be that ing would be the last requested. The Ken-
tor from Missouri (Mr. SYMINGTON). in the other body the reverence for Sam nedy Center in Washington comes immedi-
The same has been done with regard Rayburn is the same as we hold here, ately to mind. But Congress dispenses a few
to memorials to the late, President but I believe the library was named In million here, a few million there, as if $10
Franklin Roosevelt. - honor of the late Sam Rayburn as a liv aro
ilon or so no und money. U were l more thca w be p r-
There has never been any objection ing memorial. It would be my thought uadefl to kick ittsspendthrift s habits by re-
lodged that I can recall on most of these. that if we should modify our amendment, jecting such boondoggles, President Ford's
There was some objection on the size of it would provide again the 10 percent of "Whip Inflation Now" campaign will be no
a
cases. But whenever we have honored n amount in one case among all of these whatever amount is appropriated to be more than a pipe dream.
made former Presidents we have done It in an Mr. HARRY F. BYRD, JR. The Libra
are Mr. HUGH SCOTT. Will the Senator
entirely bipartisan manner. We on this both great Americans. Does the amend- y1eMr.aMAG additionalNUSON. I yield.
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November 20, 1974 CONGRESSIONAL RECORD -SENATE
Mr. HUGH SCOTT. I yield to the
Senator from New York.
Mr. JAVITS. The thing that Is impor=
tant in these circumstances is the follow-
ing, Mr. President: In view of the fact
that the amount to the Eisenhower Col-
lege will be reduced to 10 percent of the
amount actually received for these coins,
I believe it would be fair to provide sep-
arately for the Rayburn Library.
In other words, the provision would
then read for Eisenhower College $8,327,-
063, except for the amount of 10 percent
to be provided to the Rayburn Library at
Bonham, Texas-under section 2(e)-
shall be separately provided In the
amount of $837,000.
I believe that would result in giving
what Eisenhower College ought to have,
and without deducting from the already
reduced amount the $837,000, which
would, then go to the Rayburn Library.
I might point out in that regard, Mr.
President, that this is by no means an
unusual situation. - Indeed, we are not
treating Eisenhower nearly as well as
we have treated other Presidents.
For example, we just eased the Harry
S. Truman Memorial Scholarship Act,
with an authorization of $30 million. I
think we all support that.
Mr. HUGH SCOTT. Not a word was
raised against it in this body.
Mr. JAVITS. Not a word. Look at what
we have spent on the Kennedy Center.
We have spent $50 million on the Ken-
nedy Center. Eisenhower was not only a
great President in terms of the tranquil-
ity which was vouchsafed to the Ameri-
can people during that period, which we
can more appreciate today-
The PRESIDING OFFICER. The Sen-
ator's time has expired.
Mr. MAGNUSON. I yield time to the
Senator.
Mr. JAVITS. But also, he certainly is
entitled to at least equal treatment with
Harry Truman and Jack Kennedy. None
of us, I think, would wish to controvert
that.
I feel that this is the very minimum of
fairness, and I hope that Senator Scott
will amend his amendment that way.
I should like to add one other point:
A great deal of money has been poured
into this college by the friends of Dwight
Eisenhower, at least equal to what the
Federal Government has done.
On all those grounds, I think this is
eminently justified.
The PRESIDING OFFICER. All time
has expired.
Mr. McCLELLAN. I yield 1 minute.
The PRESIDING OFFICER. All time
has expired.
Mr. HUGH SCOTT. On the bill?
Mr. President, I ask unanimous con-
sent that debate may continue for 4
additional minutes, for the purpose of
enabling me to offer. a modification of
my amendment.
The PRESIDING OFFICER. Is there
objection? The Chair hears none, and
it is so ordered.
Mr. HUGH SCOTT. Mr. President, I
ask unanimous consent that I may
modify my amendment in the terms sug-
gested by the distinguished Senator from
New York, to be in the amount. of $8,327,
083, and 10 percent of that to be trans-
ferred by the college to the Rayburn
Library.,
Mr. JAVITS. Mr. President, I do not
think that is quite accurate. What I had
in mind Was to provide $8,327,063 to
Eisenhower College, and then to provide
separately $832,000 to the Rayburn
Library.
Mr. McCLELLAN. Is there any au-
thorization or statute authorizing that?
Mr. JAVITS. I think that is a valid
point.
Mr. President, I ask unanimous con-
sent that after the 4 minutes have ex-
pired, there be a quorum call and then 2
minutes allowed to the proponents and
the oppondhts, should the proponents
desire to propound an amendment to the
amendment. This is not any waste of
time, as I could amend the amendment,
anyhow.
The PRESIDING OFFICER. Is there
objection to the request of the Senator
from New York? The Chair hears none,
and it is so ordered.
Mr. HUGH SCOTT. Mr. President, I
yield 1 minute to the distinguished Sen-
ator from New Hampshire (Mr. COTTON) .
Mr. COTTON. Mr. President, I want
to ask one question, and this perhaps is
because my understanding is not clear.
I cannot quite understand the need for
legislation about the amount of coins to
be sold to the public for the benefit of
Eisenhower College. It seems to me that
if we authorize the coinage of the Eisen-
hower dollars, the people interested in
the college can buy the dollars for $1
apiece and dress them up as they choose
and sell them. I wonder why it was nec-
essary for legislation to extend to the
sale as to the amount of the dollar.
i Mr. HUGH SCOTT. I can explain that.
Three kinds of dollars are authorized.
Mr. COTTON. I am in favor of It.
Mr. HUGH SCOTT. I understand.
Three kinds of dollars are authorized
under the existing act. One is the so-
called "sandwich" dollar. The second is
the uncirculated dollar, 40 percent silver,
which sells for $3 from the Treasury.
The other is the so-called proof dollar,
or jeweler's silver dollar, which sells for
$10. Therefore, it is necessary to have an
appropriation implementing the author-
ization; and the authorization says what"
is not now in the law, and that is that, of
a certain proportion of these over $80
million being received, $10 million--or, as
now modified,' some $8 million plus-of
these profits may be channeled to the
Eisenhower College. So that they get
roughly 10 percent of all the profit made
by the Federal Government.
The PRESIDING OFFICER. The 4
minutes have expired. Under the unani-
mous-consent agreement, there will now
be a quorum call.
Mr. COTTON. Mr. President, I ask
unanimous consent to proceed for 1 addi-
tional minute.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. COTTON. What kind of dollar do
these people get, of the three?
Mr. HUGH SCOTT. The $10 dollar-
that is, the dollar which sells for $10.
Mr. COTTON. I see. We authorized the
mintage of that for this purpose.
Mr. HUGH SCOTT. We have already
S 19717
authorized that. It is out of the proceeds,
where we have already sold some $80
million worth of coins, that this amount
is being allocated.
Mr. President, I suggest the absence
of a quorum.
The PRESIDING OFFICER. The clerk
will call the roll.
The assistant legislative clerk pro-
ceeded to call the roll.
Mr. HUGH SCOTT. Mr. President, I
ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr, HUGH SCOTT. Mr. President, in
the very brief time available to me, I ask
unanimous consent that I. may modify
my amendment, and I send the modifica-
tion to the desk.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The modified amendment will be stated.
The legislative clerk read as follows:
On page 23, after line 6: Department of the
Treasury Bureau of Government Financial
Operations ELsenhower College Grants for
payments to Eisenhower College as provided
by Public Law 93-441, $9,000,000.
Mr. HUGH SCOTT. Mr. President, the
amendment now, instead of "$10 mil-
lion," reads "$9 million," because under
the public law authorization signed in
October, the 10-percent allocation to the
Rayburn Library is contained in the
authorization.
Therefore, I have further modified,
from $10 million down to $8,327,063 to
$8,100,000 for the Eisenhower College,
because $900,000 now becomes available
to the Rayburn Library.
Therefore, I ask unanimous consent
that my amendment may be modified
accordingly, with this further reduction.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. HUGH SCOTT. I yield back the
remainder of my time.
Mr. McCLELLAN. Mr. President, with
this modification, I shall support the
amendment. It is a little more than is
actually in the Treasury now, but I am
certain that the sales will soon be made
to take up the slack. With this modifi-
cation, I will support the amendment.
Mr. JAVITS. Mr. President, will the
Senator yield?
Mr. McCLELLAN. I yield.
Mr. JAVITS.. I greatly appreciate this.
The college is acquiring an excellent
reputation, and with this help, I think
it will be a fine memorial to General
Eisenhower.
The PRESIDING OFFICER. All time
having expired, the question is on agree-
ing to the amendment, as modified. On
this question the yeas and nays have
been ordered, and the clerk will call the
roll.
The assistant legislative clerk called
the roll.
Mr. ROBERT C. BYRD. I announce
that the Senator from Alabama (Mr.
ALLEN), the Senator from 'Texas (Mr,
BENTSEN), the Senator from Idaho (Mr.
CHURCH), the Senator from Missouri
(Mr. EAGLETON), the Senator from Ar-
kansas (Mr. FULBRIGHT), the Senator
from Massachusetts (Mr. KENNEDY), the
Senator from. South Dakota (Mr. Mc-
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" 17' 10 CONGRESSIONAL RECORD - SENATE November 20, 1974
GOVERN), the Senator from Rhode is- AMENDMENT No. less
land (Mr. PASTORE), the Senator from tart' school, which takes care of the ed-
The PRESIDING OFFICER (Mr., ucation--such as it is-of the $lack-
Rhode Island (Mr. PELL), the Senator CRANSTON). Under the previous order, feet Iridia,n,children and, therefore, they
from West Virginia (Mr. RANDOLPH), the Senator from Minnesota (Mr. MON were meeting in a place which was 111-
the Senator from California (Mr. DALE) is recognized for the purpose of ventilated, certainly unhygenic, and
TIJNNEY), and the Senator from South calling up an amendment.
Dakota (Mr. ABOUREZK) are necessarily what was needed at this time was
absent. y Mr. MONDALE. Mr. President, I the beginning of the setting up, of plans I further announce that the Senator yield 3 minutes to the distinguished ma- for the construction of a new school for
jority. leader. these Indian children.
from Minnesota (Mr. HUMPHREY) is ab- The PRESIDING OFFICER. The During the last 2 weeks, the 40 year,-
sent on official business. amendment will first be laid down, old school, as I have indicated, was con-
I further announce that, if present Mr. COTTON. Mr. President, will the demned by the State authorities for the
and voting, the Senator from Minnesota Senator yield to me first for a unani- children The walls are buckling, and
(Mr. HUMPHREY), the Senator from mous-consent request?
Rhode Island (Mr. PASTORE), the Sen- Mr. MONDALE. Yes. Mr. President, I On M so one Mti~
e onday floors.
school
ator from West Virginia (Mr. RANDOLPH), first yield 1 minute to the Senator from was boarded UP, of and this the week child the
and the Senator from Rhode Island (Mr. New Hampshire. having d ren are
PELL) would each vote "yea." Mr. COTTON. Mr. President- and classes doubled. in a trathe
Mr. GRIFFIN. I announce that the The PRESIDING OFFICER. The pad in ta Senator building and, at the
Senator from Utah (Mr. BENNETT), the amendment will first be laid down. The in the present time,
pr ime, f obtaining four METCALF ning for t I are
Senator from Colorado (Mr. DOMINICK), clerk will state the amendment. surplus obtaining trailers
the Senator from Arizona (Mr. GOLD- The legislative clerk proceeded to read through surplus property and n Penn-
lo-
WATER), ln-
WATER), the Senator from Florida (Mr. the amendment. Sated some But, Is we know n Gap P-
d wi l
GURNEY), the Senator from Illinois (Mr. Mr. MONDALE, Mr. President, I ask work of But as we all Crs errre will
PERCY), and the Senator from Texas unanimous consent that further read- getting these Delivery, we (Mr. TOWER) are necessarily absent. ing of the amendment be dispensed with, take a long time. Delivery, pexpect,
I also announce that the Senator from The PRESIDING OFFICER. Without will be forthcoming o an appropriate
Maryland (Mr. MATHIAS) and the Sen- objection, it is so ordered. time, and eJ paperwork lIe be made will
y
ator from New York (Mr. BUCKLEY), Mr. MoNDALE's amendment (No. 1989) through the behalf of these 50 0unndi
are absent on official business. is as follows: children, ask on behalf nthese been given dthe
I further announce that the Senator On bh, who have not ve the
from Oregon (Mr. HATFIELD) is absent and insert in lieu thereof strike
'Parts A and B?: best
c-
ou r , that in the history be this
due to illness in the family. and on country, that this amendment be ac-
y. page 11, line 8, strike out "Part A" cepted.
I further announce that, if present and and insert in lieu thereof "Parts A and B". voting, the Senator from Oregon (Mr. Mr. COTTON. Mr. President, I ask' yie dr myself~2 minuteslr President, I
HATFIELD) would vote "yea." unanimous consent that Robert Mercer Is this school now in existence?
The result was announced--yeas 52, of my staff be allowed the privilege of Mr. MANSFIELD, It is in existence,
nays 26, as follows: the floor during the consideration of this but it is boarded up, because the floors
[No. 487 Leg.] measure. and walls are buckling.
YEAS-52 The PRESIDING OFFICER. Without Mr. McCLELLAN. It has been con-
Baker Hartke Moss objection, it is so ordered. demned?
Beall Haskell Muskie Mr. MANSFIELD. Mr. President, I call Mr. MANSFIELD. It has been con-
Bible Hollings Packwood up an amendment which I have dis- demned.
Brook Hruska Pearson
Brooke Huddxeston Roth cussed with the chairman and the rank- Mr. McCLELLAN. The,present build-
Byrd, Robert C. Hughes Schweiker ing Republican member of the Appro- Ing has been condemned?
Case Inouye Scott, Hugh priations Committee, and the chairman Mr. MANSFIELD. Two weeks ago.
Clark Jackson Stafffoman of the subcommittee, dealing with the Mr. McCLELLAN. Is It a Government
Cook Javits cotton Long Stevens subject. structure?
Cranston Magnuson Stevenson The PRESIDING OFFICER. Does the Mr. MANSFIELD. Yes.
Curtis Mansfield Tai Symington Senator from Minnesota yield for that Mr. McCLELLAN. This is to replace a
Dole e McClellan Domenici - McGee Thurmond purpose? Government structure?
Ervin McIntyre Weicker Mr.MONDALE. I ask unanimous Cori- Mr. MANSFIELD. To lay the plans for
G av Metcalf Young sent to Gravel Metcalf yield to the Senator from Mon- the replacing of a Government structure
Griffin Montoya tans for that purpose. by another Government structure.
NAYS-26 The PRESIDING OFFICER. Without Mr. McCLELLAN? This does not indi-
Aiken Eastland Nunn objection, it is so ordered. cate, and we do not know, what l he ulti-
Alkentt Fannin Proxmire Mr. MAGNUSON. I yield the Senator mate cost will be. This is simply to make
Bayh Hansen Ribicofz 2 minutes. a survey and give Congress a report on
Bellmon Hart Scott, Mr. MANSFIELD. The Senator from what the requirements are and the prob-
Biden Hathaway William L.
Burdick Helms Stennis Minnesota has yielded time. able costs thereof?
Byrd, Johnston Talmadge The PRESIDING OFFICER. The Mr. MANSFIELD. That is right.
Harry F., Jr, McClure Williams amendment will be stated. I would hazard a guess that the costs
cannon McClureaum would be slightly over $1 million overall.
Chiles Nelson The legislative clerk read as follows:
NOT VOTING-22 On page 26, between lines 19 and 20, in- Wing Mr. f an anLLAN.nticipated But o the begin-
Is Fulbright Pastore sert the following: of an anticipated project?
Allen Goldwater Pell For an additional amount for "construe- Mr. MANSFIELD. It is.
Bennett ? Gurney Percy tion", $100,000, to remain available until ex- Mr. MCCLELLAN. And this is a pre-
Bentsen Hatfield Randolph pended: Provided, That this amount shall be liminary expenditure which is necessary
Buckley Humphrey . Tower available to assist the Starr Community to establish not the need for it, but its
Church Kennedy Tunney
Dominick Mathias School, Blackfeet Reservation, Montana, to possible requirements and anticipated
Eagleton McGovern initiate construction of school facilities, costs?
So the amendment as modified was Mr. MANSFIELD. Mr. President, Mr. MANSFIELD. The Senator is cor-
agreed to. Senator METCALF, My colleague front rect.
Mr. JAVITS. Mr. President, I move to Montana, and I met with Earl Oldperson, The chairman of the Interior Subcom-
reconsider the vote by which the amend- the president of the Blackfeet Tribal mittee is well aware of all the details
ment was agreed to. Council and five other tribal members on involved.
Mr. PEARSON. I move to lay that mo- yesterday. Mr. McCt EY.r.Ahr
tion on the table. I just -wanted to
He informed us that 2 weeks ago the make the RECORD clear.
The motion to lay on the table was Montana State Board of Education had Mr. YOUNG. Mr. President, will the
agreed to. condemned the Starr School, an elemen- Senator
yield?
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' "o ember 20, 1974 CONGRESSIONAL RECOR - S
Mr. MANSFIELD. Yes. the subcommittee, Mr. MAGNUSON, the
Mr. YOUNG. There is no question in my ranking member of the minority on the
mind but what the school must be're-. Appropriations Committee, Mr. YOUNG,
built, and putting money in this bill will and all are agreeable.
save about a year. This amendment does not cost any
Mr. MANSFIELD. I yield to the Sena- additional money. It is a small special
tor from Nevada. incentive.grant program which has been
Mr. BIBLE. It was considered, but it in being for the past'several years, and
was not ready to be moved forward at I would hope that could be accepted.
that time. It would be a bad mistake if Mr. MCCLELLAN. My understanding is
i ne im that this does not increase the appro-
m
-
t
ESTIMATED DISTRIBUTION OF LANDS UNDER MONDALE
AMENDMENT
ESTIMATED DISTRIBUTION OF $1,823,300,000 for PUBLIC
LAW 89-10, TITLE 1, PART A AND PART B
Estimated Estimated
total pt A I total pt. 8.'
United States and out-
lying areas ----------- $1,795,300,000 -----------
50 States, District of
Columbia and Puerto
o y
e U. s
we did not appropria
mediately and get not only the planning priation. It -is not an appropriation. It
ly is a transfer of funds from one
i
Rico___ _____________ 1,774,280,250.$280,000,000
45, 235; 811 713, 683
16, 225, 358 0
-26 000161 0'
148-, 940, 525 0
xrl
but further construction underway with- s p Alabama
out delay. title to another that actually belong in Alaska .
I think the total cost is a little less than part B;-am I correct? Arizona
Mr. MONDALE. The Senator is correct. Arkansas -------
C
$1 million. That is my memory of it Mr. McCLELLAN. It was so intended alifornia -___
Mr. MANSFIELD Right.: Colorado
Mr. BIBLE, I think it should be al- in the legislation, as. I recall. This Cola ctiicut --
lowed: amendment, therefore, proposed by the Florida________ _____ ______
The PRESIDING OFFICER. The ques- distinguished Senator would make the Georgia -- -
tion is on agreeing to the amendment of appropriations in accordance with the Hawaii __ ------------
Illinois -
the --
the Senator from Montana, statute. no --_ -__ _
Mr. MCCLELLAN. Mr. President, my Mr. MONDALE. The Senator is correct. Iowa na ---
only purpose is to establish the record ? Mr. McCLELLAN. I have no objection.- Itaasas----------------------
so Mr.COTTON. Mr. President, will the Kentucky ____ _we can have it when requests for 'ap-
propriations are made. Senator yield. to me? Louisiana __ ---------------
Maine ----------------
Mr. MANSFIELD. I appreciate the Mr. MONDALE. Yes. Maryland -_ -- --
Mr. COTTON. I see by the sheet,. which Massachusetts-
Senator's effort in doing it. Michigan.-. ---
The amendment was agreed to. reached us this morning, the States that Minnesota-------------------
. presumably or that it is estimated would Mississippi___________________
AMENDMENT NO1989 Missouri :_ --
The PRESIDING OFFICER. The Sen- gain from the Senator's amendment. Montana -
ator from Minnesota is recognized. First, I congratulate the Senator be-- Nebraska -------------------
Mr. cause of the fact that this amendment Nevada mpshire
-
'MONDALE. Mr. President, this does not increase money in the bill. I- NewJersey -----------------
amendmgnt simply continues funding think we on the committee are grateful. New Mexico-__ ---
for the special incentive grant program- Now York-------------------
Part B of title I of the Elementary and I am not hostile to, his amendment. -I North Carolina----------------
Secondary -Education Act-as it has been would be friendly because of that. But I North Dakot@__
Ohio
funded in the past, and as it is provided am a little concerned. Oregon
I note by this estimate which, I as-, Orego9
for in the authorizing legislation. This sume, is only an estimate and may not Pennsylvania--
program provides incentive grants to Rhode Island__ _________
eventuate, that 22 States would benefit by South Carolina _______
ee__________________
States that make a higher than average this amendment. South sDakota
-____________-____
Te
effort to support elementary and sec- - If we do not increase the money in the Texas_
ondaryee distinguished education. bill, and the 22 States get more than they Utah_____ __
As the distifloor manager othrwise would, that has got to come Vrmopt___________________
knows, this program has been funded Virginia --------------------
from the other 28 States, if my arith- Washington_________
nsin -_
automatically out of the overall title I
appropriation for the past 3 years, and metic is correct. Is not that a fact? WesWist Virginia _______ ---------
-------------------
during this 3-year period, 28 different . Mr. MONDALE. Yes. Wyoming------- ------------
May I respond to the Senator? This Puertot of olumbia-----------
States have received grants.
During Senate consideration of the part B distribution is not new. It has Outlying areas_ _____________
so it
ears
th
l
t 3
f
,
as
y
or
e
education amendments of 1974 this past been the law
June, Senator MCCLELLAN offered an does not change the distribution of the
amendment, which was subsequently funds as it is now known by the States or
adopted, that changed the formula by by the local school districts.
which funds are distributed under part Second, it is a very small proportion of
A of title I. the total appropriated for title I. It is
But at that time I worked with Sen- only $28 million out of $1.8 billion.
ator MCCLELLAN to assure that the part The reason for this program-which
B program would continue to receive was authored by Senator DOMINICK-
automatic funding out of the total title is to try to provide some modest incentive
I appropriation; he accepted my amend- for States to assume a greater share of
ment in this regard, and it subsequently the burden themselves in terms of effort.
became law. Over the last 3 years, 28 States have
Now for reasons I do not understand, benefited. Which States benefit in any'
the supplemental appropriations bill one year depends which States exceed
passed by the House runs directly con- the national effort average. It is a mod-
trary to the authorizing legislation and est amount. The most that any State
provides no funding at all for part B. And gets is about $4 million. Most get far less
the bill as reported by the Senate Appro- than that. it is, in effect, a token ex-
priations Committee contains . the same pression to States which take on a larger
problem, share of their own educational effort. I
My amendment simply conforms the ask unanimous consent that a table esti-
appropriation bill to the provisions. in mating State-by-State distributions un-
the authorizing legislation by making der my amendment be printed at this
the part B an automatic entitlement. point in my remarks.
I cleared this amendment with the There being no objection, the table
chairman of the Appropriations Com- was. ordered to be printed in the RECORD
mittee, Mr. MCCLELiAN, the chairman of as follows:
16 580,832
5, 264,164
62, 014, 093
45,741,058 5,109, 033
5,769,423
91 323,981
1
154,850
103,926
219,470
,625,226 226 0
24
15,809,011, 71,220.
32, 915, 243 0
49, 740, 586 1,514,668
7,049,168 488,021
29, 518, 986 318,912
35,719;630 442,990
74, 383, 980 4,200,000
27,002,249 ' 3,513,767'
40, 024, 337 0
35; 06,1 6 286,007
2,318,118 0
332447 0
55, 220, 359 2,196, 509
14,892, 288 1,390,149
63,187,262
5,604,141
57, 638, 809
20, 536, 224
u
0
16, 951, 044 788, 754
86, 675, 227 2,744,610
33, 324, 763 0
6,180, 926 0
38, 451, 334 8
120,688,801 0
5, 919,192 344, 722
9,710,602 736,576
38, 273,178 0
24, 742,346 872, 784
K337, 998 0
207, 265 2,301,347
2, 725, 841 397,035
11,170, 543 0
27, 862, 830 0
21,019,750 ------------
E Reduction of estimated authorization under title 1, part A
with State agencies held at 100 percent authorization, and
Puerto Rico reduced under provisions of Public Law 93-380.
2 Ratable reduction of authorization ($171,413,616) to
$$8,000, ($4,300,000) of with no State receiving more than 15 percent
Mr. MONDALE. This program was
continued in the Education Amendments
of 1974. It is strongly supported by the
Senate's Labor and Public Welfare Com-
mittee, and I would hope that in light of
that theory and those facts that the Sen-
ator from New Hampshire would be able
to support this amendment.
Mr. COTTON. There is a certain other
situation which concerns the Senator
from New Hampshire which he does not
intend to press but, repeatedly, in past
years, the Senator from New Hampshire
has been compelled to vote against this
formula-and that does not affect the
Senator's amendment particularly. It af-
fects the whole distribution.
One of the. factors, of course, in the
formula is the effort, the effort that the
States have indicated they are putting
into support of their ;schools and It
seems, in an effort to support their
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CONGRESSIONAL RECORD --SENATE November 20, 1974
schools to the extent of their ability to
get credit for It. Unhappily, the State I
represent, the people of the State, the
taxpayers of the State, support the
schools, but they do not do it. through the
State treasury.
The State uses its funds for other pur-
poses, to relieve taxation in the cities and
the towns and counties or subdivisions,.
but the schools are supported by the sub-
division's real estate tax and certain
other taxes that are levied.
So that we never get credit for the
fact that a number of dollars in my State
are put into the support of public educa-
tion by the taxpayers of the State.
The fact that it is not channeled
through the State treasury means that
under this fund we do not get what I
think should be our fair share, I mean
we suffer from that particular feature,
but that is not just confined to the Sen-
ator's amendment, it is confined to the
whole situation.
Consequently, the Senator from New
Hampshire finds himself personally em-
barrassed because representing his State
he has to take a certain position. How-
ever, the Senator from New Hampshire
is not seeking to do anything to defeat
There is a total appropriation for this. worse than blindness and worse than
program of $1.8 billion, and the Senator deafness,, then this Senate turns a deaf
from Minnesota is merely attempting not ear:
to add to that, but to shift $28 million, Is Mr. President, we are not asking for
that correct? a great deal of money. We are asking for
Mr. MONDALE. That Is correct. $14 million for this year to restore to
Mr. MAGNUSON. All right, so that the those 12 States, I believe it is, who have
record will be clear. been cut, States who have been cut
The PRESIDING OFFICER. Is all time deeply.
yielded back? Listen to this list. Alabama was cut
Mr. McCLELLAN. I yield back the re- $90,000; Texas $120,000; Mississippi
mainder of my time. $162,000; South Carolina, which has been
The PRESIDING OFFICER. The ques- in competition with. my State of Louisi-
tion Is on the amendment of the Senator ana as the most illiterate, $183,000;
from Minnesota (Mr. MONDALE). Georgia $238,000; and Louisiana has been
The amendment was agreed to. cut $246,000 on a program essential, es-
The PRESIDING OFFICER. Under the sential to do away with the scourge of
previous order, the Chair now recognizes illiteracy.
the Senator from Louisiana. Now, Mr. President, we are trying to
AMENDMENT ????
conserve money, we are trying todo what
Mr. JOHNSTON. Mr. President, the we can to fight inflation
b
f
,
ut o
all
question at issue is whether or not we places to fight inflation, let us not do
shall fund adult education in this coun it at the price of ignorance, let us not
try at 90 percent of the level of last year. do it at the price of illiteracy, and that
It Is very simple, Mr. President, under is what this amendment does. What this
the present legislation. amendment does is try to restore those
The PRESIDING OFFICER. The clerk funds that we need to fight this battle
will report the amendment. of illiteracy and fight this battle of ig-
The legislative clerk read as follows: norance and.flght this battle of unem-
the Senator's amendment because the On page 13, line 5, after "as amended," ployment because the two go hand in
Senator has shown consideration by not delete ? $128,433,000" and insert in lieu hand, go right together, 11
th
f ?
15a
ereo
$
,25o,00o Mr. President, all this amendment
blowing up the bill by additional money.
reason why 22 On page 13, line 6, after "amount" delete does by adding the $14 million for this
I suppose three is by
States would profit by et and 28 States ? $63,319,000'? and insert in lieu thereof year is to give effect to what this Senate
"$77,626,000'?. did on may 16, 1974, when as an amend-
would lose by it. However, I am not ask-
ing the Senator to go into all details of it.
Mr. MONDALE. I may make one fur-
ther point, at the time this part B pro-
gram was extended as part of the Edu-
cation Amendments of 1974, we made a
fairly fundamental change in title 1, part
A distribution formula by adopting the
McClellan amendment. I do not have the
tables before me, but I suspect that New
Hampshire does better under the Mc-
Clellan formula than it did before be-
cause that new formula changed some-
what the amount of money flowing to
the larger center cities and increased the
flow of money to rural areas.
I suspect that when we look at the
total going to New Hampshire, and I do
not have the table, they are probably
doing better overall this year than be-
fore.
Mr. COTTON. I am aware of that and
appreciate that. The Senator from Minn-
esota has been a recent visitor to my
State. As a matter of fact,. while I do
not interfere with the- internal politics
of the party to which I do not belong,
I did have an opportunity to speak to a
couple of the educators for what had
been done for our State In this respect.
So give me credit for giving the Senator
credit in the very State that has the first
Presidential primary.
Mr. MONDALE. I have heard about
that.
Mr. COTTON. The question still re-
mAins, however. I am wondering about
these other 28 States, they have got to
amendment is very simple. All it does is Education Act we provided that no State
to give effect to the action already taken shall receive less than 90 percent of what
by the Senate in May of this year which it did last year in adult education.
guarantees that no State shall receive Mr. President, I hope this Senate will
less than 90 percent of the grant it re- not turn a deaf ear to the needs of States
ceived in fiscal year 1973 for adult edu- like Louisiana and Georgia which have
cation, been cut deeply in a program so essential
Mr. President,. what the present legis- _ in the fight against Illiteracy.
action does Is take away money from the I say, let us cut the budget, we have
States that need it most in adult educa- got a lot of fat in this budget, but we do
tion. It Is very nice, Mr. President, to not have an ounce of fat in adult
have high levels of literacy, to have high education,
levels of education, but in my State of I plead with the distinguished chair-
Louisiana, which stands second from the man from Washington not to cut this
top in illiteracy, we are being cut by kind of program. _ They may not need it
$246,000 on a program which provides in Washington, and God bless them for
the only basis we have, Mr. President, to it, I. hope they do not, I hope they do
do away with adult illiteracy. not have this scourge of Illiteracy there,
Some 70,000 citizens in my State of but we do in the deep South. We have
Louisiana have never gone to the first got a lot of people who never went to
grade, have never received any educa-
tion school.
at all, and now through a program We have a lot of people who cannot
of adult education these people are given read, a lot of black people, a lot of poor
hope, are given some modicum of educa- people, and they need help. We are ask-
tion, the ability to read, the ability to ing for the help of this Senate, for the
work with figures, the ability, indeed, to help of those of you who have the power
get some basis to compete in the job because of your chairmanships or other-
market, wise to say yea and nay to whether they
Mr. President, It is no wonder that my can respond and whether they can be
State, which stands second from the top given help to learn to read, to learn to
In Illiteracy, is at the top In unemplo,- write, to learn to get those basic skills
ment, at the top of the Nation my State that will equip them to get a job.
stands in unemployment, and why? Be- I hope the chairman and the Senate
cause we have so many people, so many will look at this matter in that light.
people who cannot read and write, who Mr.MAGNUSON. Mr. President, over
suffer with that terrible stigma of illit- the years I have become used to very im-
eTy
i
pass
oned pleas such as I heard from the
lose something, and cannot get anything, Mr. President, if we were talking about Senator from Louisiana about programs
actually, from the 22, so In a sense the blind people, if we were talking about that, on their face, are good. But we have
amendment must rob Peter to pay Paul. deaf people, if we were talking about to sit down and listen to a great number
Maybe there is a real fundamental rea- mentally retarded people, this Senate of witnesses and try to arrive at a
son for that. would rise up as It has in the past, and balance.
Mr. MAGNUSON. Mr. President, I thank God for It, and take care of those if the Senator from New Hampshire
want to clarify the record here just a people, but when we are talking about and I had our way about this thing, we
little bit. illiteracy, be
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ember 20, 1974 CONGRESSIONAL RECORD - SENATE
bill. Each one of us has a different proj- . As presently drafted, the amendment Mr. JOHNSTON, When the bill came
t which he is convinced needs more would provide in $75 million for
and $77 million in adult 19edu- through here, the elementary and 76. ondary education bill, and pointed see-
money. out
cation In this particular field, we are not re- This is the amendment of the Senator. that under this new formula, which they
sponsible for what the legislative com- I could not take this amendment no said was wonderfu'.I, our State would get
mittee did. We have to agree with what matter how much I believe in the pro- less, This program is cannoessential be. to us. That
is reasonable spending for these pro- gram.
grams. if we full-funded every bill that We have not cut this program, nation- is why I introduced the amendment
came out of the Labor and Public Wel- wide. I think there is an adequate which
said on they May cannot his Senate athan te 9o per-
mittees, ed. get fare Committee, and these other com- amount.
the sheriff would be down at the Some parts of these programs, after we cent.
Treasury Department today hanging a heard all the witnesses, were not doing - Mr. MAGNUSON. I want to tell my
sign. So we have to arrive at some dis- very well. They were administered badly, friend from Louisiana something. There
cretion. although the objectives were good. I am are over 300 line items in the Labor-
We have been pretty generous about going to oppose this amendment, like I HEW bill.
these things because they are good pro- am going to oppose every other amend- To many Senators, if $1 is cut, it is
grams. No matter what you do with even. meat. I think we have gone far enough essential to them. All these programs
the new formula in this particular pro- when we put a half billion dollars over are good. Overall, we think we have done
gram, some States are going to get less the budget in this segment of the sup- pretty well in the supplemental. If some-
and some are going to get more. It is just plemental. All of them are very good. body would lose $90,000 in a State, I do
like the last amendment we had. On this one, for the record, the request not know about that. Perhaps the for-
I have no idea how my State fares in is $63 million. We made it $65,119,000, mula is wrong.
this, whether it is down or up. It should and we are plus $1.8 million. We upped Mr. JOHNSTON. $246,000.
not make that much difference to me in it. We did not cut it down. Mr. MAGNUSON. Whatever it is. We
making a recommendation on a total na- Mr. JOHNSTON. Will the Senator are talking now about close to $65 mil-
tionel figure. yield at that point? lion for the total program. We think that,
The Senator from Louisiana came by Mr: MAGNTSON. I yield, overall, this is a pretty good sum in a
is not the fault of the Sena-
program. We some discrepancy in the is infapparently ormation wrong, that supplemental
here awhile ago and said tons Committee cut this the
upped it. I will put the figures in the which I would like to get clear so that tor from Arkansas or the Senator from
RECORD. We upped it from the budget. the Senate will well understand. - New Hampshire or myself. The Senator
Mr. JOHNSTON. Will the Senator My information is this: In order to from Louisiana ought to go up to the
yield? give us 90 percent of what we had last Labor and Public Welfare Committee
Mr. MAGNUSON. Just a minute. Let year, you would have to add the amounts and change it. .
me finish. as stated in this act, and for Alabama Mr. JOHNSTON. All I know is that the
We are now $424 million over the it is $90,000. States that need it most, those that have
budget request for the supplemental, and . Mr. MAGNUSON. I heard all of those the highest rates of illiteracy, are getting
$135 million over the House allowance. figures. the deepest cuts.
I do not know how far we can go. Mr. JOHNSTON. Is that correct or Mr. MAGNUSON. Then, the Senator
Everybody comes up with a different pro- not? ought to change the formula.
gram. There were 18 amendments filed Mr. MAGNUSON. I do not know how it Mr. JOHNSTON. I am trying to re-
here yesterday that would add another cuts Alabama or someplace else. I do not store enough to provide 90 percent of
$536 million to the budget. have any idea whether it cuts or adds to what we had last year.
I know the Labor-HEW chapter to this the State of Washington. But we think Mr. MAGNUSON. I do not look at this
bill is sensitive. Everybody has their-pro- the total amount is sufficient. as the only amendment. The thrust of
grams. I have mine. I would have liked Mr. JOHNSTON. The total amount the amendment of the Senator from
to have added almost double the amount may be fine for States that do not need Louisiana is to change the formula. The
for some health research projects-al- it. Senator is trying to put it on an appro-
most double-if I had my own way Mr., MAGNUSON. If you are going to priation bill.
about it. argue about formula, then you belong up Mr. JOHNSTON. It would not change
I have no objection to this program. in the Labor and Public Welfare Com- the formula.
I think the States should receive-what mittee, not here. We do not set the for- the formula. The thrust of it Mr.
is it-90 percent of last year's amount? mula. would change the formula. I do not have
Mr. DAVITS. Ninety percent of last Mr. JOHNSTON. I am worried about any objection to this program. What are
year. people who need help, about people who we going to do-accept every amendment
Mr. MAGNUSON. So this would be a cannot read and cannot write, in my a Senator from one State wants because
hold-harmless level of $67.5 million, We State. of something he does not like? I have
provided $63,319,000. It is a 2-year pro- Mr. MAGNUSON. Of course,.all people no idea what this does to the State of
gram. need help in this field. But you are talk- Washington, and I do not think it is im-
Mr. McCLELLAN. That is just on one ing about a formula that was passed in portant 'to me to consider that. I am to
-aspect of it. This amendment has two the authorizing legislation. We think the consider the overall situation. We furnish
provisions in it. total amount is enough. If Alabama loses adequatemoney nationally. The thrust of
Mr. MAGNUSON. It is one aspect of it. $90,000 with the total amount in this the Senator's amendment changes the
There was an error in drafting in the program, I think they are getting off formula. I will have to oppose it, reluc-
House. The Senate took care of that and pretty well if we are going to do some- tantly.
added $1.8 million on top of that. This thing about Federal expenditures. i have been accused of being a big
is the amount of the committee add-on Mr. JOHNSTON. I am not talking spender on this bill. I want to tell the
for ethnic heritage studies. We had some about ethnic education or some research Senator from Louisiana that before he
argument in the Appropriations Com- program, about something that is irrele- came to the Senate, I was vetoed five
mittee about that. Even now I am not want to what is going on. I am talking times on this bill, and I do not want to
absolutely clear on what that program about reading and writing, about basics. go through that again. People went
will do. Are they going to teach all the Mr. MAGNUSON. We have a right-to- around and said there are too many Fed-
Swedes in the State of Washington about read program. We havg millions in here eral expenditures, and some of the peo-
Sweden? Are they going to pick out the for that. The regular Labor-HEW bill is ple who will be Members of the new Con-
Norwegians and tell them to look at the now $37 billion. I am not going to get too gress ran on that issue. But when it
Norwegian history? What 'does it mean? excited about $90,000 that they lose un- comes to their little project or something
Everybody ought to have the same kind der a formula . that we had nothing to like this-they do not think there is
of education. do with. If the Senator wants to change enough. We are up now a half billion dol-
Illiteracy is a very important matter. the formula he ought to have a hearing lars over the budget in a supplemental,
I `agree with the Senator. It is very im- up in the Labor and Public Welfare Com- and we have not even finished the regu-
mittee. lar bill.
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~y~zz CONGRESSIONAL RECORD -SENATE November 20, 1974
The White House is going to be looking As for Increasing the overall amount, Mr. MAGNUSON. Is the Senator not
at both bills. Both bills are going to if we do not hold the line, the Senator's going to have a program? Maybe there
come down to the White House at the State is not going to gain anything. will be a good one going there.
same time, not just one. We are now over There will be a veto of this legislation. Mr. JOHNSTON. It will mean that
the budget $500 million, and $134 mil- There may well have to be a continuing some hundreds of thousands of people
lion over the House, and we thought this resolution, and next year the Senate will will not be able to -get service In the
was adequate. start all over again, taking care of the program. -
I am going to oppose it for a general last year. That cannot take place, there- Mr. MAGNUSON. I think that the
reason. I am not against this program. fore I cannot vote for the amendment. Senator's figures are quite large on that.
As a matter of fact, I was- a cosponsor if the Senator will offer an amend- I do not think that we need to expect
of the legislation that originated the ap- menu to cut out that category, leave the that at all. Some of the programs need
propriation. I am hopeful that the Sen- money but cut out that designation of to have a look taken at them, and some
ate will hold the line on this a little. $1.8 million for ethnic studies, and put of the expenditures need to be cut down.
How much does the State of Louisiana that Into the pot, to go for'adult educa- I know that in my State, they do.
lose? tion, distributed- among the States, he Mr. JOHNSTON. The Senator will ad-
Mr. JOHNSTON. $246,000. would gain something and he would not mit that a cut of $200,000 is a tremen-
Mr. MAGNUSON. And some States lose a thing. We would still have the dous cut in adult education in one State.
gain, overall amount intact. will he not?
Mr. JOHNSTON. I am sure some Mr. JOHNSTON. Mr. President, I am Mr. MAGNUSON. It is not a tre-
States gain probably those that do not about ready to yield back the remainder mendous cut In the program. The per-
need it. of my time. centage is not great.
Mr. MAGNUSON. This Is the same The point has been made. The point Is I shall put In the RECORD how much we
argument we get into on title I, on Im- very simple. We are in a time of auster- are going to spend in Louisiana. What
pacted aid, and so forth. We just got ity, when we want to stop inflation by the Senator is talking about-and I do
through with the list. stopping spending. The American people not blame him-he does not want to be
Mr. JOHNSTON. How the committee insist on that, and I well understand the one of those that is cut. But the formula
could appropriate money for ethnic stud- feeling and the desire of the chairman to Is not our business; that Is the business
leg, or whatever it was, and cut adult hold the line on spending. of the legislative committee.
education, I do not know. It totally es- However, I ask the Senator simply to Mr. President, I yield back the re-
capes me. think of one thing: Is it fair, does it mainder of my time.
Mr. MAGNUSON. We did not cut it. make any sense, to take those States Mr. COTTON. Before the Senator
We allowed the full amount of the budg- that have the highest rates of illiteracy yields, If I may-
et, plus. and take the one program that offers a Mr. MAGNUSON. If the Senator will
Mr. COTTON. Mr. President, will the little hope, offers a little chance for these wait just a moment, may I say this?
Senator yield? - people to learn to read and write and According to HEW records Louisiana.
Mr. MAGNUSON. I yield. to break the terrible scourge of Illiter- will get $1,246,000 under the present
Mr. COTTON. Mr. President, I am acy 2 Is that the way to fight Inflation, bill.
fairly in sympathy with everything the when it is causing terrible unemploy- Mr. JOHNSTON. That will be about a
distinguished Senator from Louisiana ment? We have people who cannot get 20 to 25 percent cut.
has said about the $1.8 million for this jobs because they cannot read or write. Mr. MAGNUSON. And 90 percent
ethnic heritage program. - I would vote We are trying to give them a little hope, hold-harmless would be $1,325,000.
for an amendment to change that and not by increasing the budget but by giv- Mr. JOHNSTON. But It Is- mandated
put it into the fund, to go to the States ing them 90- percent of what they had that they have had to take 15 percent
to take care of adult education, without last year. That is all I am asking. and take It away from adult education
that restriction. I think restrictionssuch Mr. MAGNUSON. But that increases and put It In another program of teacher
as, that waste the money. However, it is the budget, and we are way over the training.
not our fault. _btidget now. - Mr. MAGNUSON. But the difference
There has .been a tremendous migra- I agree that some of these things are Is, from the $1,246,000- to 90 percent,
tion from the Southern States into the not fair, but we have to deal with the which it did not have to begin with, that
Northern States. That is why up in'Bos- facts of life here, money-wise. is $1,325,000. That difference is the exact
ton we are fighting over civil rights; If the formula is wrong, I would be figure, not $240000.
when it used to be down in Alabama. the first one to vote to change it. I think Mr. JOHNSTON. Then we have to
There has been a tremendous migration. this program is good, but I do not think take 15 percent off that because it is a
e the need for adult education has there- is any great cut coming in it for new program, or we- have to take that
increased in a State, it is-bound to affect arryboc away from adult education and put it in
the Statefrom which some of that popu- Mr.- JOHNSTON. $246,000 in Louisi- teacher training, whatever it Is.
lation has gone. ana. Mr. COTTON. If the Senator will yield,
I ask this of the Senator, and I do not Mr. MAGNUSON. Many of the grants this 15 percent. Is not being taken away
ask is In a hostile way. I a just seek- are processed by what the local contri- from adult education and put in another
asink information. a way. the lseek- bution Is, as the Senator from New program. It Is to train teachers for adult
in State o Louisiana, the State legislature o rep- Hampshire has said. I do not have the education. -
a reeSta appropriate anything for adult figures, but-I do not believe there is very Mr. JOHNSTON. Right, and it takes
res eat , a much by the legislature of the- State of It away and puts it. in a training program,
Mr. JOHNSTON. I believe they ap- Louisiana, rather than the substantive program.
Mr. JOHNSTON. I cannot respond to Mr. COTTON. The program will not
propriate considerably. I will have to that, because I do not have the figures. work- at all if we do not have competent
check that, but I think they appropri- teachers to teach in adult education.
ate considerably for adult education. Mr. MAGNUSON. it probably should Mr. JOHNSTON. It effectively
Mr. COTTON. If we increase this be more. amounts to a cut by mandating use
bill--a,nd I must go along with my chair- Mr. JOHNSTON. The Information of it.
man, the Senator from Washington-I furnished to me by the staff is that my Mr. MAGNUSON. The Senator is add-
would like to- vote- for an amendment to State is cut $246,000. If the Senator has ing on figures that do not belong. It is
take that $1.8 million for ethnic history information that that is not correct, I not the Intent- of the law to add 15 per-
or ethnic studies and put it right Into - will research it and check it out. cent to. every appropriation bill in this
the pot for adult education, without that Mr. MAGNUSON. I do not think that field for adult education. The 15 percent
restriction; 15 percent comes off the top $246,000 is going to wreck the program requirement Is in the law. If the Senator
or is set aside for teacher training, and if we have $64 million In the bill. There does not like that amendment, and
I suppose that is necessary. That is one is still going to be a program. maybe I did not-the Senator voted for
reason why his State does not- have Mr. JOHNSTON. We shall still have a it and I voted for it-then he ought to
available as much for actual classroom program. But it will mean that a lot of go up to the Labor and Public Welfare
studies. people---- Committee to get It changed.
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'' ovember 20, 1974 CONGRESSIONAL RECORD -SENATE
Mr. JOHNSTON. Maybe the Senator
did. I voted to hold onto my substan-
tive-
Mr. MAGNUSON. It is the law. Maybe
we have to do that, train teachers. That
is the problem with the program. They-
had the money, they went ahead and
spent it, and they did not have anybody
to supervise it, did not have anybody to
teach.
Mr. JOHNSTON. The practicality is
that we were presented with this for-
mula, and my people back home came to.
me and said, "Look, this is a big cut."
I went to the Education Committee
and said, "How do we fight this?" They
said, "Put in the same old 'hold harmless'
language you have had for the last 2 or
3 years; that is the way to fight It."
So I put in the amendment. The Sen-
ator says, "Yes, that is a good idea." So
he accepted it.
Then they come around and cut the
bill so that the amendment does not
mean anything. I think that in a sense,
it is the Senate as an institution break-
Ing faith with our State. I do not mean
to say that any person, individually, has
done that, but that is what it amounts
to.
I. go back home and talk to my people
In adult education, who think that this
program is awfully important. I say
look, one committee did this, another
committee did that, it is nobody's fault,
it is just one of these things that hap-
pens. -
They look at us with disbelief. Do they
say the U.S. Senate is not responsible
for this thing?
Mr. MAGNUSON. Well, we are respon-
sible for all kinds of things, and I wish
there were an open door down at the
Treasury, but there is not. There are 316
line items In this bill. They are all good
programs.
I want the RECORD to be clear. The 15
percent; we had nothing to do with. Con-
gress voted that. That is for training
for teachers. The actual reduction, even
If we use the formula that the Senator
is trying to change, is actually, for the
record, $79,000.
Mr. JOHNSTON. Well, that is fine if .
we do not. include the 15 percent that has
been stated.
Mr. MAGNUSON. I just checked with
the staff. If we restored 90 percent to all
of the States that are involved, the
"hold harmless" principle, it would be
$4,181,000.
Mr. JOHNSTON. Will the Senator do
that?
Mr. MAGNUSON. Well, that would be
little better than what the Senator wants,
the $28 million. I cannot speak for
myself.
Mr. JOHNSTON. Will the distin-
guished Senator from New Hamp-
shire-
Mr. MAGNUSON. I would be willing,
if the Senator from New Hampshire and
the Senator from Arkansas would, to
take the $4,181,000 and take it to confer-
ence. That would put people back to
the "hold harmless" principle.
Mr. McCLELLAN. Mr. President, I
would be willing to do that. I would be
willing to take that amount to confer-
ence. What we can do there, I do not
know.
Mr. COTTON. That means approxi-
mately $8 million, because it is funded'
for 2 years.
Mr. MAGNUSON. This is for this year
and for next year since we are going to
forwa*d fund the program. We cannot
include that 15 percent. That is the law
which the Senator voted for, and which
I voted for. I thought it was good. to train
teachers, because we found that in some
of the adult education programs, there
was a waste of money that should not be;
they did not have proper supervision
and qualified teachers. The Senator and
I agree with that. That is why we. had
the bill. But that is the law.
Actually, if this goes through, I will
admit the Senator is out $79,000.
Mr. JOHNSTON. Would the Senator
restore the $79,000?
Mr. MAGNUSON. $79,000?
Mr. JOHNSTON. Would. the Senator
agree to go that far?
Mr. MAGNUSON. Would I what?
Mr. JOHNSTON. Would the Senator
agree to go as far as restoring the
$79,000?
Mr. MAGNUSON. I cannot accept that
for one State.
Mr. JOHNSTON. I mean to amend the
program.
. The Senator says that the 15 percent
should not be In the bill. I believe that
it should, because it comes right out of
the adult education program. But let us
assume that the 15 percent ought to be
borne by the States, or not paid. Will
the Senator at least give us that percent
of the substantive program? -
Mr. McCLELLAN. Take it for this
year's appropriation and let us see. That
can be worked out later. I do not know
what they will do in conference, but
that was the intent, to try to hold them
harmless. That is the purpose of it, and
that is the provision.
Mr. MAGNUSON. And it is true that
most of the States that have the most
illiteracy were the ones that apparently
are going to be cut-$79,000 in his State
and other States that get that cut.
Mr. McCLELLAN. I think that is the
best we can do with it, and if we do that
well, we shall be doing well. If the Sen-
ator wants to take it to conference-
Mr. MAGNUSON. If the Senator will
modify his amendment to $8,362,000,
that will activate the "hold harmless"
for this year and next year.
Mr. JOHNSTON. Mr. President, I
move to modify my amendment by re-
flecting $4,181,000 added on. for-that
will be for fiscal year 1975 and _1976?
Mr. MAGNUSON. Yes.
Mr. JOHNSTON. We shall provide the
exact language on the amendment, but
it will reflect $4,181,000 increase in adult
education for this year.
The PRESIDING OFFICER (Mr.
ERVIN). The Senator has the right to
modify his amendment, but I suggest
that the Senator send the amendment to
the desk in writing.
Mr. JOHNSTON. Can the staff have
that ready?
Mr. MAGNUSON, Yes, they can do it.
We shall send that to the desk with
those figures.
The PRESIDING OFFICER. The
amendment is so modified.
519723
Mr. MAGNUSON. I will be glad, and I.
know all of us will, to take a look at this
formula and this whole matter of this 15
percent next year, when we- get ready to
do this. I think 'it should be up to 90 per-
cent, personally.
Mr. JOHNSTON. Mr. President, I
thank the distinguished Senator from
Washington, the distinguished Senator
from New Hampshire, and the distin-
guished Senator from Arkansas for help-
ing us on this critically important mat-
ter. It is not as :much as we feel is neces-
sary in the program, but if we have a
look at the 15 percent next year, that will
give us a chance to see how that is
working.
The $4 million additional will mean
everything to this program in my State
and in other States like it.
I yield back the remainder of my time.
Mr. COTTON. Mr. President, as far as
the Senator from New Hampshire is con-
cerned, he is certainly willing to go along
with the chairman of the full committee
and the chairman of the subcommittee to
make this compromise agreement. I am
glad to do it because I am glad to be of
some assistance to the distinguished
Senator from Louisiana, for whom I have
a very high regard.
I think, however, that there are a
couple of things this RECORD should show.
In the first place, it is all right to say
that the Senate did not keep faith with
the people of Louisiana, the people of
Alabama, or the people of these other
States, because, on the recommenda-
tion of the Legislative Committee on
Labor and Public Welfare, a new formula
was created to hold harmless each State.
The great difficulty, and the reason we
have lost control of this budget, is this
system of legislative committees author-
izing all these things, and it goes into the
newspapers, and the people of the coun-
try read that Congress has just author-
ized so much for education, so much for
the handicapped, so much for cancer, so
much for this, that, and the other, and
the sums are utterly impossible. Those
who vote for them on the floor of the
Senate and the House of Representatives
know that they are impossible. They
know that if the Appropriations Com-
mittee went on and appropriated all
those sums, as has been so well said by
the distinguished Senator. from Wash-
ington, we would be bankrupt in rro time
at all.
The Only thing. that troubles me about
even this compromise is that, because the
legislative committee decided and the
Senate went ahead and passed it, as just
a part of the very long and complicated
bill, they decided that even-though half
of the illiterate people from one State
moved up into New York, Illinois, or
somewhere else, we would have to in-
crease the money for them in the State
to which they migrated, but we have got
to continue to pay the same amount or
nearly the same amount to the State
from which they migrated, and where
the problem presumably is no longer
quite as severe.
It is not breaking faith with any State
wl}en the Appropriations Committee
comes in with appropriation bills and
does not do everything that the legisla-
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S 19724 CONGRESSIONAL RECORD -SENATE November 20, 1974
tive committee has authorized. Further-
more, the time has come when some of
these matters must be faced squarely.
Look at the problem that we have in this
committee. We have not only education,
we have health, and for years we have
faced this situation of dialysis for dis-
eased kidneys. We have had to sit down
and face the grim specter before our
committee that even now, in the more
sparsely populated parts of this coun-
try, a doctor has to make the decision
whether this man shall live and that man
shall die because we have not been able
to produce the money to place within the
reach of every afflicted person in this
country the dialysis necessary to keep
him alive.
When you think of something as grue-
some as that-and we have faced that;
we have gained on it, and thank God we
nearly have it licked, but not completely.
Having faced that, I cannot shed so
many tears over matters such as, im-
portant as it is, the matter of adult edu-
cation. We in the committee have had
to face those decisions and balance them
all through the years.
I do not know what the State debt-
and I do not want to personalize this and
make it any kind of attack on my friend
from Louisiana or his State. I do not
know what the State debt of Louisiana
is. I do not know what the State debtof
Massachusetts is. But I would almost be
willing to state blindly that it is infini-
tesimal compared with the Federal debt,
a portion of which has to be met by the
taxpayers of Louisiana, the taxpayers of
Massachusetts, and the taxpayers of'Illi-
nois and all of the other States.
We had to produce $35 billion this year
just to pay the interest on our debt, and
that $35 billion never provided a hos-
pital bed for anybody. It did not do a
thing for the veterans. It did not do a
thing for adult education. It did not do
a thing for cancer, or for kidney dialysis.
It did not do a single thing forany of the
great crying needs of this country. It just
goes into thin space, because of our prod-
igality in past years.
Only 44 percent of the Federal spend-
ing in this country now ever reaches the
Appropriations Committee because of
these legislative bills that have conferred
obligational authority and bypassed the
Appropriations Committee. That is what
we are up against. The only thing that
worries me about this $4 million here-
it is not very much, and I am delighted
to join in that solution to help the dis-
tinguished Senator; I admire the fight he
has made for his people and for his
State-but we have 17 some amend-
ments. If this is going to set a precedent,
and open the floodgates, before we get
through with this supplemental appro-
priation bill, we will have that portion
that has to do with health, education,
and welfare up so high that it will come
back with a veto just as sure as there Is a
God in Heaven, and we will find we have
reached too far and lost It all. There will
be another continuing resolution; and
this business of spending money this
year on the basis of last fiscal year is a
terrible thing, because it perpetuates
Now, I agree to the $4 million. I hope only plan seemed to be that we just pray
it will not be taken as a precedent for us for a mild winter.
to compromise and take to conference Now we see that every forecast is con-
every additional amount that some very trary to that. Every foreqast is that this
earnest and sincere Senator comes in is going to be a most severe winter. We
with. had an emergency energy situation last
Mr. JOHNSTON. Mr. President, I yield winter in which many of our elderly citi-
back the remainder of my time. zens were in a terrible plight, and I feel
Mr. McCLELLAN. I yield back the re- that is again going to be the case this
mainder of my time. winter.
The PRESIDING OFFICER. Is all time We know what has happened with
yielded back? The question is on agreeing respect to the cost of fuel oil. In the
to the amendment of the Senator from last two years home heating fuel oil has
Louisiana, as modified (putting the ques- increased in cost by 88 percent. This rep-
tion). resents an increase of more than four
The amendment as modified was and a half times the overall rise in the
agreed to. Consumer Price Index.
The PRESIDING OFFICER. The bill Electricity costs have increased by26
is open to further amendment. percent during the same period and in
Mr. CHILES. Mr. President, I send an my State they are up over 100 percent.
amendment to the desk and ask for its And yet there are really no -procedures
immediate consideration. now for trying to help these older people;
The PRESIDING OFFICER. The to prevent their electricity from being
amendment will be stated. cut off; to keep them from suffering
The legislative clerk read as follows: when they have run out of fuel and they
On page 13, between lines 17 and 18, insert have no funds.
the following: During the Committee on Aging hear-
For carrying out an emergency energy pro- Ings, we tried to find out who was really
gram for older Americans pursuant to title III responsible.
of the Older Americans Act of 1965, as FEA says, "Well, we really do not have
amsnded, $10,000,000. that role or that authority." The Com-
Mr. CHILES. Mr. President, I have in- mission on Aging said, "We are not sure
troduced this amendment to the supple- that that is our responsibility."
mental appropriations bill with some re- But now we find that the Office of
luctance, as I feel that present economic Human Development, Administration on
conditions demand every effort to hold Aging has sent instructions to the State
the line on Federal spending, and this Agencies on Aging that they will amend
means controlling small budget items, as their State plans on Aging for fiscal
well as the large. year 1975 and that they will come up with
However, the amendment I have pro- a specific plan of how they are going to
posed, calling for an appropriation of $10 deal with the impact of energy shortages
million, is designed to deal with an emer- and costs on older persons. So we know
gency situation to prevent or relieve suf - a program will be implemented by the
fering by elderly Americans and, I think, States. The question is where are the
it would prove a most wise and prudent funds going to come from.
expenditure of Federal dollars. If an energy program for the elderly
Mr. President, I also pointout that this Is undertaken by, the States, as they
is an amendment which I took to -the have been Instructed, and yet no funds
subcommittee dealing with the supple- are provided, what will happen to the
mental appropriations bill. It came up other projects and programs for the
late in the day. The subcommittee was elderly. They will suffer. Granted, $10
tired and, at that time, I was told to million spread among 50 States is not
bring this amendment to the floor. going to do a lot. But I think it would
I was going to propose this amend- help in giving some impetus, to the re-
ment-to the full Committee on Appropri- quired program, and it would show that
ations but, again, because of our inabil- we are not totally unthinking or un-
ity to get a quorum. it turned out that feeling about the plight of the elderly
the meeting of the subcommittee was, in and the kind of problems they are going
effect, the meeting of the full committee to experience this winter.
in regard to the presentation of the sup- It would also show the administration
plemental budget. that we expect accomplishments from
I want to make clear- that I did at- this program; - that we expect effective
tempt to bring this before the Senate planning and procedures, and not a
committee at its hearings so that it posture of sitting back and saying "We
would have an opportunity to consider it hope there will be a mild winter."
rather than to present this amendment Mr. President, I feel that if we do not
on the floor. do something we are going to regret it
This amendment, the need for this very much. We will regret it if we have
money, comes to my attention from a very severe winter, and we have ex-
hearings that I held as a member of periences like we had last year in which
the special Committee on Aging. We some of our elderly people were actually
held twodays of hearings with a number found frozen to death in their homes.
of witnesses from the administration If we have people whose electricity is
trying to find out what kind of programs cut off, whose oil or gas is not delivered
or procedures had been put into effect to them because they have no funds, and
or were in the planning stage for the if there Is no program for trying to pro-
winter, and how these might affect our vide some way of taking care of these
elderly citizens, those who are retired people then I think it would be some-
tand living on Rood I,,..omes
grams that would be more effectual. plans and there were no procedures. The amendment, reason, tinat t propose the
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irover2ber 20, 1974 . CONGRESSIONAL RECORD -- SENATE S19725
Mr. McCLELLAN. Mr. President, will
the Senator yield?
Mr. CHILES. I yield.
Mr. McCLELLAN. To whom would
this $10 million be appropriated?
Mr. CHILES. The $10 million would
be appropriated under title III, State
and community programs for aging, of
the older Americans Act, as amended.
The funds would be provided to the
State and area agencies on aging to car-
ry out the action program on energy
as required by the Administration on
Aging.
Mr. McCLELLAN. Who would admin-
ister the funds? How would they be
allocated to the different States? How
would they be administered?
Mr. CHILES. The Administration on
Aging would administer the funds, and
the funds would go through the State
agencies on aging.
Mr. McCLELLAN. What is the for-
mula for allocating it to each State?
Mr. CHILES. It would be on the basis
of population of persons 60 and over.
Mr. McCLELLAN. Are there some
States where the need would not be as
great, States in the warmer climate, as
opposed to States of more severe cli-
mate? I am trying to understand it.
I think everybody wants to do some-
thing to relieve distress. But does each
individual old couple living here who are
not able to pay their gas bill or to get
coal or something, are they people who
have to file a claim or how is it admin-
istered? I am trying to find out.
Mr. CHILES. No, sir; there would not
be funds to actually meet energy costs.
What the Administration on Aging
has required is that every State now
start coming up with a plan that would
indicate how they will handle those kinds
of requests; whether they will try to get
the United Funds to come in and help,
whether they will try to get the Salva-
tion' Army, how they will proceed with
the electric companies in respect to the
termination of power for these elderly
people; the $10 million proposed by this
amendment would help in implementing
those plans among the 50 States.
This .is not funding to buy any fuel
oil. There just is not that amount of
money, and there is no way that is going
to work. _
Mr. McCLELLAN. I realize it is not,
but I am trying to understand how will
they be helped by it, how will they be
helped, those who are going. to need it.
Mr. CHILES. Specifically, It would
fund State agencies on aging to: First,
develop agreements with State allocation
offices in the event of shortages to pro-
vide for meeting the needs of older peo-
ple; second, to make representations be-
fore public utility commissions, to en-
courage equitable utility rates for the
elderly, and to develop procedures to
prevent the arbitrary termination of
services for older people;" third, to de-
velop a program of assistance and educa-
tion for the winterizing of older people's
homes; fourth, to develop a program to
coordinate efforts to meet the special
energy requirements of the elderly dur-
ing emergency situations.
Those are the things I would hope this
amount of money would help formulate.
Mr. McCLELLAN. What it appears we.
are doing is appropriate money without
any program, without any authority,
without any constituted source of re-
sponsibility for the administration of it.
Mr. CHILES. No, Mr. President.
Mr. McCLELLAN. I can understand
this general-idea may have some merit,
but-
Mr. CHILES. Mr. President, that is not
correct because we do have authorization
under title III. The State agencies on
aging are in fact being required under
the law to implement such a program.
Mr. McCLELLAN. What agency of the
State?
What I read here, title 3 to which the
Senator referred, it says:
"SEC. 301. It is the purpose of this title to
encourage and assist state and local agen-
cies to concentrate resources in order to de-
velop greater capacity and foster the devel-
opment of comprehensive and coordinated
service systems to serve older persons by en-
tering. into new cooperative arrangements
with each other and with providers of social
services for planning for the provisions of,
and providing, social services and, where nec-
essary, to reorganize or reassign functions,
in order to-
"(1) secure and maintain maximum inde-
pendence and dignity in a home environment
for older persons capable of self-care with
appropriate supportive services; and
"(2) remove individual and social bar-
riers to economic and personal independence
for older persons.
I do not see anything in there that
authorizes the distribution of fuel or
where they would acquire the fuel for
them, or anything.
It is something in general terms, some
generalities there that may go further
than I have read.
Mr. CHILES. Well, if I could, I would
like to read to the chairman and put in
the Rscoan a program instruction from
the Office of Human Development,
Administration on Aging, dated Octo-
ber 4, 1974. This is directed to the State
agencies administering plans under title
.3 and title 7 of the Older Americans Act
of 1965, as amended, and the subject of
it Is additional instructions concerning
State plans on aging for fiscal year 1975.
Under this, each of the State agencies
are directed to provide an action pro-
gram on older persons and the energy
crisis.
It states :
The continuing problems experienced be-
cause of the shortage of energy resources
have an extremely severe impact on older
persons. This problem is aggravated by the
current inflationary situation. State Agen-
cies on Aging have a responsibility under
their legislative mandate to take positive
actions in response to this critical situation
so that the burden on older persons may be
alleviated. The coming winter months prom-
ise to create devastating hardships on the
older population unless we intervene now. In
order for approval to be granted to the 1975
State Plans on Aging, the State Agencies
must provide assurance in their State Plans
that they will-
1. Develop an agreement with the State
Allocation Office, in the event of shortages,
that will provide for reorganizing and deal-
ing with the special needs of alder persons;
2. Make representations before the Public
Utility Commission designed to lead to the
development of regulations that would in-
sure equitable utility rates for older persons;
3. Work for the development of an agree-
ment with the Public Service Commission
to insure that services will not be arbitrarily
cut off to older persons unable to pay for
such services;
4. Develop a program, utilizing existing
public and private resources to assist in the
insulation of older persons' homes; and
5. Develop a program, utilizing existing
publio and private :resources designed to pro-
vide older persons and volunteers who serve
older persons with additional resources for
transportation in order to offset rising trans-
portation costs.
So it has been directed that each
State will amend their State plan and
carry out such a program.
What I am saying is that we have
ordered them to do this without providing
any kind of funds for that purpose. Either
they are either going to take from exist-
ing programs or they are not going to
fully implement the energy program.
I think it is so necessary that we pro-
vide some kind of help for elderly people
with the energy problem, and that is
what I am trying to do with this amend-
ment.
Mr. MAGNUSON. Will the Senator
yield?
Mr. CHIl:,ES. I yield to the Senator.
Mr. MAGNUSON. Mr. President, this
program sounds good, but the Senator
from Florida just pointed out what is
wrong with it at the end of his remarks.
This is a matter which the States ought
to be doing anyway. In most States this
would come under the social rehabilita-
tion and the welfare program, and we
have hundreds of millions of dollars in
the bill for that. We do not need $10 mil-
lion more for those States to effect plans.
All States ought to be doing that any-
way, and most of them, I imagine, do have
plans.
Now, I do not know why the Federal.
Government should get into the act when
we are giving them hundreds, hundreds
of millions through the social rehabilita-
tion and the welfare programs and the
social programs in the State. I am sure
Florida gets its share. That is part of
the programs they should be doing any-
how and they have plenty of money to
do it.
As a matter of fact, in some cases, the
social services in some States are over-
supplied with money. That is what is
wrong with some of them; they have so
much administration that people do not
get the things they should get and there
is a welfare surplus, that they are not
spending. They did not estimate that
correctly, and there is a surplus of about
$1.2 billion that has not been spent.
So here is another program. The
amendment of the Senator from Florida
starts a new program on top of it. The
States do not need any direct help for
$10 million to do this. They can do it
anyway. They have got money to do it.
Mr. CHILES, ]: wonder if the chairman
understands that the Older Americans
Act is not a welfare program.
Mr. MAGNUSON. No, but to do this is
part of the social services that can be
done in the States.
Mr. CHILES. No, it is not.
Mr. MAGNUSON. I know what the-
Mr. CHILES. It is part of human de-
velopment.
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S 19726 CONGRESSIONAL RECORD -SENATE November 20, 1974
Mr. MAGNUSON. Let me finish. Education to winterize older persons' on agreeing to the amendment of the
It is part of it; there is plenty of money homes? I guess that is good, but the State Senator from Florida.
there. ought to be doing that. What is the pur- The amendment was rejected.
Now, this amendment was considered pose of getting the Federal Government The PRESIDING OFFICER. The bill
by the subcommittee and was turned into this? is open to further amendment.
down. The Senator did appear and If we start this, what is going to hap- Mr. McCLELLAN. Third reading.
pressed his amendment, which is some- pen, without any program, without any Mr. MAGNUSON. I say to my distin-
what unusual, which is usually when hearings, and everything else? The next guished chairman I understand that two
these amendments come on the floor thing is there will be a subsidy to take or three Senators are on their way, I
without anybody coming down talking care of the extra fuel costs. I might be, for hope, to offer amendments.
about them, but- that, but I can get all the information I Mr. McCLELLAN. I suggest the ab-
Mr. CHILES. Mr. President=- need from my State as to whether that sence of a quorum.
Mr. MAGNUSON. Let me finish. The is necessary or not. They do not need to The clerk will call the rg11.
Senator will have all the time he wants. have a piece of $10 million on top of The assistant legislative clerk pro-
Mr. CHILES. Yes, but I want to correct hundreds of millions of dollars that are ceeded to call the roll.
the Senator. directed toward these goals. Mr. ROTH. Mr. President, I ask unan-
r'he amendment was not considered The Older Americans Act supplemented imous consent that the order for the
by the subcommittee and turned down. all of these programs. It happened to quorum call be rescinded.
The subcommittee told me to come to be directed more specifically to the prob- The PRESIDING OFFICER (Mr.
the floor with the amendment. The lems of the older Americans. HASKELL). Without objection, it is so
subcommittee did not consider the As I said to the Senator from Loui:;i- ordered.
amendment. ana, there are 316 items in this bill. I Mr. ROTH. Mr. President, I send an
Mr. MAGNUSON. All right, we did not think that many of the social service amendment to the desk and ask for its
have a record vote, a rollcall vote On it, ones could contribute to exactly what immediate consideration.
but the Senator got the word, did he not, the Senator from Florida wants to do The PRESIDING OFFICER. The
down there in the subcommittee? under the broad objectives of the pro- amendment will be stated.
Go to the full committee, and the Sen- gram. The assistant legislative clerk pro-
ator did not go there. `o I am going to have to appose this ceeded to read the amendment.
Mr. CHILES. No, sir, because the sub- for the reasons I have stated: There was Mr. ROTH. Mr. President, I ask unan-
committee's action took the place of the no budget request, no hearings, no re- imous consent that further reading of
full committee, so I did not have.the quests to testify, no regulations to ad- the amendment be dispensed with.
opportunity to go there. minister, it duplicates and overlaps OEO The PRESIDING OFFICER. Without
Mr. MAGNUSON. All right, let me and a score of other programs, and the objection, it is so ordered.
finish. States should be doing this themselves. The amendment is as follows:
Here is an amendment ? that is not They have money to do it. At the end of the bill add the following
necessary at all for the purposes. My Mr. CHILES. Mr. President, I will not new section:
State should be doing this and is doing belabor the point. The distinguished SEC. 204. None of the funds appropriated
it now. chairman makes a very good philosophi- by this or any other Act which are available
They do not need money from the Fed- cal argument as to the fact that perhaps during the fiscal year 1975 for travel ex-
eral Government. They get plenty under the States should be doing things like penses, including subsistence allowances, of
the broad purposes of the billion dollar this themselves. I might tend to buy Government officers and employees may be
that. I did not pass the Older Americans obligated, after the date of the enactment
social services program. Here is an of this Act, at a rate which exceeds 75 per-
amendment that- has no budget request, Act, it passed before I got here. cent of the rate at which amounts for such
no hearings, no requests to testify, no Perhaps, everything that the Older expenses were 'obligated during the fiscal
regulations to-administer, and it dupli- Americans Act is doing the States could year 1974. -
cates and overlaps the OEO programs. do for themselves. Everything that we are Mr. ROTH. Mr. President, on behalf
It is a worthy purpose, talking about in this bill we could say of 13 of my distinguishedcolleagues and
I do not know what my State would the States should be doing for them- myself, I am submitting an amendment
do with this. Would it set up a new divi- selves. Why have a Department of HEW? to reduce the amount of Federal funds
sion when they should be doing it now? Let the States handle that for them- spent on travel and transportation.
If they are not doing it, what are they selves. The cosponsors are Senators MGCLEL-
doing with their share of the hundreds That same kind of argument just could BAYH, of millions of dollars from social services- cut all the way down. LAN, , The cosponsors
BROOK, HARRY
JR., BEALL, CASE, BIDEN, DOMINICK, -
HARR
which fits into this thing. But we have an Older Americans Act. BYRD, WILLIAM L. ScoTT, STEVENSON,
I know this being proposed under the Under the Older Americans Act, the TBAUM, AUT, and TuN EY.
Older Americans Act, I want to say a States are required if they want to get
person can get just as cold when he is ally funds under title II, to come up with Specifically, this amendment would
59 as he can when he is 61. The Senator this plan. But you have not given them prohibit the Federal Government from
knows that, does he not? any wherewithal to carry out the-pro- expending more than 75 percent of the
gram. amount expended in fiscal year 1974 for
This is for people who cannot afford
it. I do not know what we are going to The only thing I am saying is if you are the travel and transportation of persons. do. We cannot subsidize everything. going to give them a requirement, then A recent examination of the Budget by
my staff and the GAO revealed that the
The Senator's proposal is for making you ought to give them the wherewithal Federal Government will spend almost $2
plans. My suggestion is the plans should to do it. billion this fiscal year on travel and
be done by the States now. If they are Mr. MAGNUSON. They do not need transportation to out-of-town confer-
out doing that, they are not carrying any wherewithal to come up with a plan. trans, meetings, and other employee
out their purposes. Mr. CHILES. I yield back the remain- transportation.
der of my time
time.
The proposal is intended to develop Mr. MAGNUSON. Sometimes there With inflation being fed by excessive
agreements with the State petroleum al- _Fedes Federal spending and with the vital need
location offices for meeting needs of el- seems than he more planners
are aecip r social there
of the serv- e to conserve energy, there is absolutely no
derly persons. Well, they ought to be do- justification for the Federal Government
ing that now in the State office. They do The PRESIDING OFFICER. Does the to spend such sums on travel expenses.
not need Federal funds to march down to Senator from Washington yield back the This 25 percent reduction in Federal
the capital and do that. remainder of his time? Is all time yielded travel expenses would save nearly $400 -
It encourages State public utility com- back? million in this year's budget and untold
missions. My State already held about Mr. MAGNUSON. I will yield back the millions of dollars in energy costs. Such
3 months of hearings on this .order the remainder of my time, yes. a move would not only set an example
State appropriations, not using any Fed- The PRESIDING OFFICER. All time for the concerned people of this Nation, it
eral funds. having beenyielded back, the question is would provide additional fuel that could
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November 20, 1974 CONGRESSIONAL RECORD -SENATE S 19727
be used in the private sector of the econ- on page 13, between lines 8 and 9, insert unanimous consent that the order for the
omy and save thousands of Jobs. the following: quorum call be rescinded.
Inflation and the need to save energy Funds appropriated under "Occupational, The PRESIDING OFFICER.. Without
Vocational, and Adult Education" in the De-
have so caused millions of Americans to cut partments of Labor and Health, Education,
back or cancel their travel plans. Vir- and welfare Appropriations Act, 1975 for
tually every business and private orga- carrying out career education under the Co-
nization has been forced to reduce its operative Research Act shall be available
travel budget to save fuel and money. Yet only of Public Law 9the provisions of section
the Federal Government has made no ef-
fort to cut back on its travel budget. Mr. HATHAWAY. Mr. President, one
Every Federal department and agen- of the most promising movements in
cy has some fat in its travel budget that American education is the development
can be cut to save fuel and money, in- of what is called career education.
eluding the Defense Department. I wish This is the effort to bring the worlds of
to emphasize that this travel limitation education and work into closer contact
is not intended to apply to troop move- so as to make education more relevant to
ments. Since last December,. the Defense - successful participation in the society at
?~partment has been the Government's
mber one energy saver by cutting its
uel consumption by 31 percent. I believe
ae Department can follow suit and trim
dome fat out of its travel budget with-
out jeopardizing our national security.
Wisely, the President has called on all
Americans to conserve fuel and budget
their money wisely. But if the Federal
Government expects the American peo-
ple to cut energy consumption and sacri-
,.. five in the battle against inflation, the
Federal Government must provide. the
ORDER TO HOLD H.R, 16757
AT DESK
Mr. MANSFIELD. Mr. President, I ask
unanimous consent that H.R. 16757, to
extend the Eme:rgency Petroleum Allo-
cation Act of 1973 until August 31, 1975,
when it is received in the Senate, be held
at the desk temporarily.
The PRESIDING OFFICER. Without
objection, it Is so ordered.
SUPPLEMENTAL APPROPRIATIONS,
1975
The Senate continued with the consid-
eration of the bill (H.R. 16900) making
supplemental appropriations for the fis-
cal year ending June 30, 1975, and for
other purposes.
Mr. MANSFIELD. Mr. President, I am
informed that the distinguished chair-
man of the subcommittee, the Senator
from Washington (Mr. MAGNUSON), has -
indicated that he is agreeable to this
amendemnt by the distinguished Sena-
tor from Maine, and I therefore urge its
adoption.
I yield back the remainder of my
time.
Mr. HATHAWAY. Mr. President, I
yield back the remainder of my time.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment of the Senator from Maine.
The amendment was agreed to.
Mr. HATHAWAY. Mr. President, I
send an unprinted amendment to the
desk and ask for its immediate consid-
eration.
The PRESIDING OFFICER. The
amendment will be stated
The assistant legislative. clerk read as
follows:
On page 11, line 10 after the period, in-
sert the following:
Provided, That the Commonwealth of
Puerto Rico shall receive grants for the cur-
rent fiscal year pursuant to sections 121, 122,
and 123 of the Elementary and Secondary
Education Act of 1965 (as such Act exists
on the date of enactment of this Act) in
amounts equal to not less than the amounts
received by the Commonwealth of Puerto
Rico for the fiscal year ending June 30, 1974,
pursuant to sections 103(a)(5), 103(a) (6),
and 103(a) (7), respectively, of the Elemen-
tary and Secondary Education Act of 1965
(as such Act existed immediately before the
effective date of the amendments made to
title I of such Act by the Education Amend-
ments of 1974).
Mr. HATHAWAY. Mr. President, this
amendment likewise would not add any
money to the supplemental appropria-
tions bill. Rather, its purpose is to make
a technical change which would "hold
harmless" to last year's level the amount
which Puerto Rico receives for State
agency programs under title I of the Ele-
mentary and Secondary Education Act.
The amendment would merely provide
last year's level of funding In Puerto
Rico for title I State agency programs
for handicapped children, neglected and
leadership. ting the finishing touches on what is now
A 25 percent cut in travel expenditures 93-380, the Education Act of 1974. Con-
would save nearly a half billion dollars, tained in that act is a provision, section
conserve fuel, and demonstrate to the 406, directly addressed to the career ed-
American people that the Federal Gov- ucation question.
ernment is serious in its efforts to lead This amendment which I am offering
this country. through a very difficult would simply require the Department to
period and win the battle against infla- conduct its career education activities
tion. under the new authority specifically pro-
Mr. President, I yield back the balance vided for this purpose in Public Law 93-
of my time. 380, rather than the more general au-
The PRESIDING OFFICER. Who thority of the Cooperative Research Act.
yields time? This does not add a penny to the bill
Mr. MANSFIELD. Mr. President, I and will have the effect of seeing to it
suggest the absence of a quorum, that these funds will be expended accord-
The PRESIDING OFFICER. On whose ing to the most specific and most recent
time? expression of congressional intent.
Mr. MANSFIELD. On both sides. Parenthetically, Mr. President, I would
The PRESIDING OFFICER. Without like to take this opportunity to clear up
objection, it is so ordered. The clerk one question with regard to the Intention
will call the roll. of section 406 which has recently arisen.
The assistant legislative clerk pro- Although the emphasis In this section is
ceeded to call the roll. on career education programs in grades
Mr. MANSFIELD. Mr. President, I ask K-12, the bill and particularly the Senate
unanimous consent that the order for committee report make clear that grants
the quorum call be rescinded. under this section are available to insti-
The PRESIDING OFFICER. Without tutions of postsecondary education as
objection, it is so ordered. well as elementary and secondary schools.
Mr. MANSFIELD. Mr. President, I am We particularly did not want to discour-
empowered, on behalf of. the chairman age comprehensive State programs which
of the committee, to accept the amend- might include a postsecondary career
ment, which I think is an excellent one. education component.
Mr. ROTH. I thank the majority i urge the adoption of the amendment.
leader and the chairman. I understand that the Senator from
Mr. MANSFIELD. I yield back the Washington (Mr. MAGNUSON), who is not
balance of my time. present, is willing to accept the amend-
Mr. ROTH. I yield back the balance ment. As I mentioned, it does not involve
of my time. any additional expenditure whatsoever.
The PRESIDING OFFICER. All time Mr. President, I reserve the remainder
is yielded back. The question is on agree- of my time.
ing the nt was. The PRESIDING OFFICER. Who
The amendment was agreed to.
The PRESIDING OFFICER. The Sen- yields time?
ator from Maine is recognized. Mr. MANSFIELD. Mr. President, I sug-
Mr. HATHAWAY. Mr. President, I call gest the absence of a quorum.
up my amendment No. 1979. The PRESIDING OFFICER. The clerk
The PRESIDING OFFICER. The will call the roll.
amendment will be stated. The assistant legislative clerk proceed-
The assistant legislative clerk read as ed to call the roll.
follows: Mr. MANSFIELD. Mr. President, I ask
large.
For several years now, the administra-
tion has requested funds for the develop-
ment of this concept on the Federal. level,
but has been turned down, at least in
part, because of a lack of direct legisla-
tive authority for such a program.
Finally, in this year's Labor-HEW ap-
propriation bill, both the House and Sen-
ate appropriated $10 million for this pur-
pose under the general authority of the
Cooperative Research.Act. At the same
time this was taking place, we were put-
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CONGRESSIONAL RECORD -SENATE November 20, 1974
delinquent children, and children in Because of the concern with being curs with the House concerning the ability
adult correctional institutions. able to assess and repeat successful pro- to monitor this activity so as to allow sutc
I have discussed this amendment with grants, these projects are subject to an cessful projects to be replicated. For these
the chairman of the HEW subcommittee, elaborate and comprehensive evaluation reasons, the Committee has also reduced
t
and I understand that he is in agree- procedure at each step of their existence. u
tfor
nder suprequest c included advance under r and Ti
ment with It. -
and Title inn o-
First, each project must have a detailed potion grants.
I reserve the remainder of my time. plan in order to qualify for funding.
Mr. MANSFIELD. Mr. President, I am Before being funded, these plans are Well, Mr. President, it does seem to me
informed that this amendment is like- subject to review by a State level title III that if we are now supporting 1,800 of
wise satisfactory to the chairman of the Advisory Council, the State education these individual projects that out of
committee, and I yield back the re- agency, and often, a panel of outside ex- those we should learn something, and if
mainder of my time. pests we cannot learn something from that
Mr. HATHAWAY. Mr. President, I ated . annually Second, by each the program
well annuall b the State ate agency as well number, why, we had better begin re-
yield back the remainder of my time. as being in continuing liaison with the ducing this program.
The PRESIDING OFFICER. The ques- State. Finally, especially successful prof- I do not.think more money is needed.
tion is on agreeing to the amendment. ects are nominated by their State for I think the House was wise in cutting it
The amendment was agreed t.,
dd
Naga to it is just giving Mont
projects for replication elsewhere. Here `
ask for its immediate consideration. the project is analyzed in terms of cost- to a program that may or may not be
The PRESIDING OFFICER. The effectivene
working
We have a chan
t
o
d
.
ss, exp
ce
o
etermine
rtability and its effect
amendment will be stated. on student achievement. out of 1,800 if any of these programs
The assistant legislative clerk read as I am sure that cases can be cited where are any good and, if they are, to make
follows: these projects have been controversial, use of them.
On page 10, line 21, strike the figure poorly executed or just plain failures., Somewhere, Mr. President, in the ex-
"$120,000,000" and insert in lieu thereof But any program of innovation and de- there use of over $300 billion a year
"$148,393,000". velopment will involve blind alleys and there are areas where cuts can and
On page 11, line 3, strike the figure unsuccessful projects. It would be a poor should be made without doing any ir-
"$4,351,043,000" and insert in lieu thereof program of innovation of there were no reparable harm, and be done at a saving,
"$4,377,436,000". failures. I think the high continuation and be done prudently.
amendment would continue funding at strong evidence of the usefulness of this be made in this item and, for that reason,
the present level for title III of the Ele- program. I shall support the action of the com-
mentary and Secondary Education Act. Finally, it should be apparent that all rnittee.
This title provides for grants of limited is not well with American education. Our Does the Senator from New Hampshire
duration to State and local educational people sense it in their refusal to support want some time?
agencies for the purpose of 'stimulating its funding at previous levels. And our Mr. COTTON. Just one word.
innovation in education methods. The inability to deal adequately with na- Mr. McCLELLAN. I yield to the dis-
committee recommendation for funding tional problems such as inflation and the tinguished Senator from New Hamp-
is $120 million-which is $26 million be- - energy shortage indicate, at least in part, shire.
low this year's level and the President's a failure of the educational system. Mr. COTTON. I would simply like to
budget request. My amendment would At this time of change and crisis, cuts report, in the absence of the Senator
restore the cuts made by the committee in funds for innovation and development from Washington, that we agree with
and leave the program at the present seem particularly untimely. We spend every word that our distinguished chair-
amount-$146,393,000. less than 1 percent of our education man of the committee has said.
funds for development; and title III Now, at the time our subcommittee
In my opinion
the major thrust of th
,
e
entire Federal education effort-which constitutes 80 percent of this tiny met and we took the evidence on this
only amounts tto education o percent title III is cost effective and the matter we found there were in existence
onlschool t abo 7 cent of total
expenditures-has been and evidence is that it works. I hope Senators already various experimental projects,
ut d continue to be in the areas of in will join with me In helping to preserve innovative projects or special projects,
should c and development. area the vital .role of this program in Ameri- and according to the testimony of the
novation u
o on nd Till I ha-
focused a
l haas can education. Office of Education, over 1,700 of those
focus of the hdisadvantaged e special educational
and has prprob- im- Mr. President, I reserve the remainder projects were going throughout the
lems o t enormous amount of new ac- of my time. country. At least one representative-I
ulated in this field. Title II has assisted ac- The PRESIDING OFFICER. Who do not think it was the commissioner of tivity the development of new resource yields time? the Office of Education, but one of the
pro- Mr. McCLELLAN. Mr. President, I witnesses-admitted that it was utterly
grams through aid to libraries and as- think it would be well for the Members Impossible, of course, to monitor any
sociated services. And title III has, for of the Senate before voting on this such number of projects and be familiar
the first time, made significant amounts amendment to take account of what is with their purpose and their success,
of funds available expressly for the pur- being done in this field already. and most of them have run for 2 or 3
pose of innovation and development. According to the Senate report under years. Now those projects cannot all be
The first point to be made about title the title of "Supplementary Services" good. They may begood in purpose but
III is that it has worked. Almost three- the report states: they cannot all be effective projects.
quarters of the projects funded have The bill contains $120,000,000 for supple- 'It seems that this is one point where,
been continued with State or local funds mentary services authorized by Title III of without ending the program, we could be
after the 3-year Federal support period the Elementary and Secondary Education a little more sparing in the money that
terminated. In light of the constraints Act. The amount recommended is a decrease we appropriated and, therefore, both the
on local school budgets over the past of $28,393,000 below the request-I think chairman of the subcommittee, the Sen-
several years, this is- an amazing record. that means budget request-"and $5 million ator from Washington, and I am entirely
Further, there is evidence that a sig- below the House allowance." in agreement with the chairman of the
nificant number of these projects-about Now, this is what I think is significant full committee, and we feel we must op-
one third according to most estimates- and it ought to be taken Into account: pose this amendment.
are being adopted by other schools or under this program, grants are awarded Mr. McCLELLAN. I anticipate that the
school systems. And of course, beyond to State and local educational agencies pri- chairman of the subcommittee, the dis-
strict replication of specific projects, marily to support projects considered to be tinguished Senator from Washington,
many of the concepts and techniques exemplary and/or innovative. Although sup- developed ped under title III have been used portive of the thrust of this program, the will be on the floor in a minute. But, if I
d el form throughout the co and Committee is not convinced that all of the may ask the Senator, the ranking mem-
more than 1,800 projects currently in opera- ber on the subcommittee, according to
try tion should continue. The Committee con- the information I have from the 'testi-
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