SUBCOMMITTEE TO INVESTIGATE SURVEILLANCE PRACTICES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000800110068-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 9, 2016
• Document Release Date: August 27, 2001
• Sequence Number: 68
• Publication Date: January 23, 1975
• Content Type: OPEN

Approved For Release 2001/08/30 : CIA-RDP77M00144R000800110068-1
-1-127$
Antonio Boris Won Pat of the Territory
Guam.
Thomas L. Ashley of Ohio.
John Conyers, Jr. of Michigan.
George E. Brown, Jr. of California.
Robert W. Kastenmeier, Jr. of Wisconsin.
Walter E. Fauntroy of the District
Columbia.
William (Bill) Clay of Missouri.
Benjamin S. Rosenthal of New York.
Patsy T. Mink of Hawaii.
John Brademas of Indiana.
Edward R. Roybal of California.
Paul E. Tsongas of Massachusetts.
Phillip Burton of California.
James C. Corman of California.
Dante B. Fascell of Florida.
Lloyd Meeds of Washington.
Ralph H. Metcalfe of Illinois.
Michael Harrington of Massachusetts.
Joseph P. Addabbo of New York.
John E. Moss of California.
Herman Badillo of New York.
John F. Seiberling of Ohio.
Shirley Chisholm of New York.
Leo J. Ryan of California.
Bella S. Abzug of New York.
William Lehman of Florida.
Patricia Schroeder of Colorado.
Barbara Jordan of Texas.
Don Edwards of California.
James A. Burke of Massachusetts.
Harold E. Ford of Tennessee.
Gilbert Gude of Maryland.
Ronald V. Dellums of California.
Donald W. Riegle, Jr. of Michigan.
Joe Moakley of Massachusetts.
Louis Stokes of Ohio.
William S. Cohen of Maine.
Yvonne Brathwaite Burke of California.
Frank Thompson, Jr. of New Jersey.
Augustus F. Hawkins of California.
Paul Simon of Illinois.
Gladys Noon Spellman of Maryland.
Martha Keys of Kansas.
Joshua Eilberg of Pennsylvania.
Don Bonker of Washington.
Michael T. Blouin of Iowa.
Abner J. Mikva of Illinois.
Torbert H. Macdonald of Massachusetts.
Millicent Fenwick of New Jersey.
Paul N. McCloskey, Jr. of California.
Charles A. Mosher of Ohio.
Peter W. Rodino, Jr. of New Jersey.
William J. Green of Pennsylvania.
Paul Findley of Illinois.
James J. Howard of New Jersey.
Robert W. Edgar of Pennsylvania.
John L. Burton of California.
Elizabeth Holtzman of New York.
Spark M. Matsunaga of Hawaii.
Claude Pepper of Florida.
George Miller of California.
James G. O'Hara of Michigan.
Frank Horton of New York.
Stewart B. McKinney of Connecticut.
Bob Bergland of Minnesota.
Norman Y. Mineta of California.
Philip H. Hayes of Indiana.
Timothy E. Wirth of Colorado.
Thomas J. Downey of New York.
Helen S. Meyner of New Jersey.
Richard Nolan of Minnesota.
Paul S. Sarbanes of Maryland.
Edward W. Pattison of New York.
H.R. 1287
A bill to amend the United Nations Participa-
tion Act of 1945 to halt the importation of
Rhodesian chrome
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That section
596: 50 U.S.C. 98-98h) shall not apply
prohibitions or regulations established un
the authority of this section."
Approve
SSIONAL RECORD -HOUSE January 23, 1975
SUBCOMMITTEE TO INVESTIGATE The text of the legislation follows:
SURVEILLANCE PRACTICES H.R. 1864
The SPEAKER pro tempore. Under a A bill to enforce the First Amendment and
previous order of the House, the gentle- Fourth Amendment to the Constitution
man from Wisconsin (Mr. KASTENMEI) R) and the constitutional right of privacy by
is recognized from d for 10 n (Mr. prohibiting any civil officer of the United
surveillance of citi-
Mr. KASTENMEIER. Mr. Speaker, as States from other purposes
chairman of the House Judiciary Sub- teBe it ns and enacted for by the committee on Courts, Civil Liberties, and Representatives of the Senate
United d5 atese of
the Administration of Justice, I well America in Congress assembled,
know that law enforcement and crime SECTION 1. This Act may be cited as the
prevention require the investigation of "Freedom for Surveillance Act of 1975."
suspects and the maintenance of records SEC. 2. Domestic surveillance.
and files on the activities of those in- (a) Chapter 109 of title 18 of the United
volved in a criminal investigation. No States Code, is amended by adding at the end
reasonable person would consider such an thereof the following new section:
to the United
investigation, when "? 223. Use of civil prohibited.
properly conducted, States for surveillance prohibited.
to be an invasion of privacy: Indeed, "(a) Except as provided in subsection (b)
those charged with the responsibility to of this section or otherwise required by stat-
apprehend and prosecute violators of the ute, whoever being a civil officer of the United
laws have a clear duty to remain in- States willfully conducts investigations into,
farmed and active in ty their puema n maintains surveillance over, or maintains rec-
However, when the Government in- ords regarding the beliefs, associations, po-
tical ac, or aftairs of any citi-
vestigator reaches his long arm into the zen of hei United St
e
t
a
s,
or regarding the be-
personal or political lives of citizens, he liefs, membership, or political activities of
steps far beyond the acceptable bound- any group or organization of such citizens,
aries of legitimate investigation and into shall be fined not more than $10,000, or im-
the murky territory of governmental spy- prisoned not more than one year, or both.
ing. There have been long-standing al- of this section hall beideemein the rovisions
d a ther to'limit
canstihave bhat een Victtimilzerl active Amen - or to enlarge such legal authority of the
ati s -
D
~~??
auance.
ulin he Viet-
nam-war era thousands of citizens were
photographed, interviewed, and spied
upon. Many of these files are still main-
tained by the FBI. Dozens of political
groups were informed on and infiltrated.
As many of the recent conspiracy cases
have shown, informers and provocateurs
were used to intimidate and create a cli-
mate of fear within political groups. It
has been admitted by the FBI that they
do indeed use informers to investigate
political groups, and the recent allega-
tions that dossiers on Members of Con-
gress are maintained by the Bureau is
an expansion of this political harass-
ment.
Clearly, there is cause for serious con-
cern. Consequently, today I am introduc-
ing the Freedom From Surveillance Act.
This bill, when enacted, will go a long
way toward relieving the active invasion
of privacy which political surveillance
entails, and the - chilling effect which
widespread use of spying has. on Amer-
icans' first amendment rights of free
speech, association, and assembly.
The legislation prohibits any employee
of the United States from conducting in-
vestigations into, maintaining surveil-
lance or records regarding the beliefs,
associations, political activities or private
affairs of any citizen or group of citizens.
Substantial fines and possible prison
terms are mandated for violations of the
act. Further, civil action is permitted in
the case of those who have been unjustly
spied upon. -
tion relevant to an investigation of an in-
dividual who has committed or is suspected
on reasonable grounds to have committed a
felony;
11 (2) ' collect, receive, and maintain In-
formation relevant to lawful investigations
of persons who are applicants for employ-
ment with the United States, who are em-
ployees of the United States, or who are con-
tractors, or prospective contractors of the
United States."
SEC. 3. Civil Action.
Title United Code, is
adding after chapter 171 the
following new chapter:
"Chapter 172. ILLEGAL SURVEILLANCE
"Sec.
"2691. Civil actions generally; illegal surveil-
lance.
"2692. Special class actions; illegal surveil-
lance.
"2693. Venue; jurisdictional amount.
"I 2691? Civil action, generally; illegal sur-
veillance
"(a) Except as provided in subsection (b)
of section 1386, title 18, United States Code,
or otherwise required by statute, whoever
being a civil officer of the United States
conducts investigations Into, maintains sur-
veillance over,' or maintains records regard-
ing the beliefs, associations, political activi-
ties, or private affairs of any citizen of the
United States, or regarding the beliefs,
membership, or political activities of any
group or organization of such citizens shall
be liable for damages to any person, group,
or organization that has been the subject of
a prohibited investigation, surveillance, or
recordkeeping in an amount equal to the
sum of-
"(1) any actual damages suffered by plain- -
I will hold hearings on this legislation tiff, but not less than liquidated damages at
on February 6, beginning what I plan to the rate of $100 per day for each day the pro
hibited maintain as an ongoing oversight and "(2) ) such activity was conducted;
legislative program for my subcommittee may allow, but not damages as the court
o, but in excess of $1,000; and
in the intelligence ....+I,..,.:..
'
.. _
g are
(3)
.sue Government spy is an abharent cluamg reasonable attorneys' fees.
anifestation of a leadership afraid of ?(b) Any person, group, or organization
its citizens and has no place in a free that has been the subject of any investiga-
its citizens The American tion, surveillance, or recordkeeping in viola-
public will no tion of subsection (a) of this section may
longer tolerate official abuse of their bring a civil action against the United States
basic constitutional rights. , for such equitable relief as the court deter-
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January 23, 1975 NAL RECORD - HOUSE n i
RE
~' -
ration unconditionally and without pe - . . 1287: TO HALT THE ThIPORTA- majority rule there rather t n clinging
sation therefor. ON OF RHODESIAN CHROME to an intransigent Smith re e.
OBLIGATIONS INCURRED BY ALOHA The SPEAKER pro tempore. Under a The United States is reasingly de-
endent on other Afric countries as
sEC. 8. (a) Within six mof th date p
that months t c of date previous order of the House, the gentle- well for supplies of emus critical
person
of this Act, any pe man from Minnesota (Mr. FRAsER) is raw materials. Nigeri is one of our very
ALOHA is indebted to gem on an
written contractual obligation incurre by recognized for 15 minutes. largest suppliers of 11, and we further
FRASER. Mr. Speaker, today, 99 depend on black rican nations for
e- Mr
reparing
s of
,
.
p
ALOHA for the purpose
senting, or advocating or securing the en - Members are joining in support of an ;much of our cop r, cobalt, manganese,
ment of, legislation to settle the h important piece of legislation-important 3auxite, alumi , graphite, iron ore,
-range political and economic and uranium. ur stake in all of Africa
of the Hawaiian Natives, shall pre t
the lon
l
i
g
ms
a
c
o
his claim, together with appropriated interests of the United States, important is well as odesia is clear. What is
mentatati to ALOHA and the corporation to the future of our relations with the wquall1 cl is that the Byrd amend-r consul with ALOHA, the schedule f n vast and strategically vital African con Went
shall review in ecretary of State Kissinger's
vieand prepare epare a scheddule of 1 - "impaired our ability to ob-
international continued
such claims, noting thereon which w wcla hole 1J d velopmnt of important
law n words, and ain t understanding and support of
in whole ar
s
t
,
e
any, it questions Or dispu
part, together with the reasons there or, order. man important African nations."
which schedule, together with copies of the Specifically, we are joined in an effort recent months the walls have been
claims and supporting documents supplied by the claimrallts, it shall submit to the sec- to repeal the Byrd amendment which has -? sing in on the Ian Smith regime. The
in Portugal is moving
rotary within nine months of the date of proved a serious stumbling block to ew government ward independence for Angola and
ood relations with various
i
cas g
this Act. claims not questioned or disputed Amer
Mozambique, Rhodesia's black-majority
by the corporation, to which the Secretary African nations by allowing the im to the east and west. And even
takes no exception within one year from the portation of Southern Rhodesian CIA= eighbors
date of this Act, shall thereafter be due and and ferrochrome in violation of Un' d south Africa has shown signs of exerting
payable by the corporation. In the event the Nations economic sanctions ag nst oressure on the white Rhodesians to
corporation, the claimant, and the Secretary,
cannot agree on the settlement of a claim Southern Rhodesia. reach asettlement. - Negotiations are be-
questioned or disputed by the corporation, or Southern Rhodesia is controlle y the ginning among Ian Smith, Rhodesian
to which the Secretary has taken an excep- Ian Smith regime which reserve olitical black leaders and the black nations of
Lion, the same may, upon the application of power to some 250,000 whites xcluding ,southern Africa. It is vitally important
either the corporation, the claimant or the more than 5 million black pet e from the at this time that peaceful pressure on
secretary, be determined by arbitration un- process. Smith's claim of dependence Smith-through the sanctions-be main-
der chapter 658 of the Hawaii Revised stet- for Rhodesia has never b n recognized tamed or increased.
or an other country. During the 93d Congress the repeal of
rtes.
itain
t B
,
r
by Grea
REPORTS TO CONGRESS
SEC. 9. During a period of twenty years At the request of Brit and with the the Byrd amendment was approved by
from the date of this Act, the Secretary shall support of the Unit States, the U.N. the senate by a comfortable margin, and
prepare and submit reports annually to Con- Security Council im sed economic sanc- in the House was reported favorably by
gress on the state of the Hawaiian Natives tions on Southern odesia in 1966 in an the Foreign Affairs Committee and
and the execution and effects of this Act. effort to induce nonviolent political granted a rule. A vote was not taken in
e toward njority rule. American the full House, but the leadership has
session of Congress next convened
th
n
i
h
c
e
g
Dur
ng
a
after the end of such period, the Secretary compliance the sanctions was agreed to schedule it this year as soon as
shall submit, through the President, a final broken in 19 with the passage of loges- it is eligible. The measure enjoys the ac-
repart on the state of the Hawaiian Natives, tive support of President Ford and See-
which shall include a summary of actions lotion mite ed by Congress known as the
taken and results achieved under this Act, Byrd an:. dment. retary of State Kissinger, prominent
together with such recommendations to Con- Sup rs of the Byrd amendment business leaders such as Henry Ford,
gress as he deems appropriate. argue that access to the Rhodesian the major labor unions, churches and
APPROPRIATIONS chro market is essential to our eco- civil rights organizations.
SEC. to. There are authorized to be ap- no and that for national security rea- Cosponsorship and support for this
propriated such sums as may be necessary to s Rhodesia should serve as a safety measure by other Members will be wann-
t dependence on the Soviet ly welcomed. We know others will join us
urposes of this
ns and
i
i
i
p
s
o
ns
carry out the prov
ve aga
Act? nion for chrome imports. The record in this important effort. The text of the
REGULATIONS - shows clearly, however, that there are bill and a list of cosponsors follow:
SEC. 1.1. The secretary is authorized to f satisfactory alternative sources of COSPONSORS of H.R. 1287 AND IDENTICAL BILLS
sue and publish such regulations as may from other countries-some at TO HALT THE IMPORTATION OF RHODESIAN
necessary to carry out the provisions d chrome
purposes of this Act. prices cheaper than Rhodesia's-and CHROME
MISCELLANEOUS that rather than turning away from the Edward G. Biester, Jr. of Pennsylvania.
SEC. 12. (a) No provision of this t shall Soviet market, United States purchases John Buchanan of Alabama.
derogate from or diminish any r t, pi,- of Soviet chrome have increased signifi- Charles C. Diggs, Jr. of Michigan.
liege, or obligation of Hawaiia atives as cantly under the Byrd amendment. The Donald M. Fraser of Minnesota.
Brodhead d of of New Newan. York.
citizens ofthe United States, f the state United Steel Workers of America have Frederick M. W. Richmond
of Hawaii, or relieve, replace, o iminish any reported that recompliance with the Richard L. Ottinger of New York.
obligation of the United S s or of the sanctions would not cause unemployment Stephen J. Solari of New York.
State of Hawaii to protect d promote the in the steel industry. The Defense De- Jonathan B. Bingham of New York.
rights and welfare of H flan Natives as partment states that there is no shortage Henry S. Reuss of Wisconsin.
citizens of the United St s or of Hawaii; Of chrome in the national strategic stock- Cardiss Collins of Illinois.
(b) No provision of Act shall be con" pile anal accordingly, the previous ad- Charles B. Rangel of New York.
strued to constitute jurisdictional act to Robert N. C. Nix of Pennsylvania.
confer jurisdiction sue, nor to grant im- ministration requested authority from Robert L. Leggett of California.
plied consent to waiian Natives to sue Congress to sell several million tons of Robert F. Drinan of Massachusetts.
the United Sta any of its officers with excess stockpile chrome on the open Charles A. Vanik of Ohio.
respect to the ims extinguished by the market, Fortney H. (Pete) Stark of California.
operation oft Act. Rhodesia does have the world's largest Edward I. Koch of New York.
SUPR]*ACY AND SEPARABILITY known natural reserves of chrome ore, Andrew Young of Georgia.
SEC. 13. ICY the event of conflict between and we believe that the United States Ron de Lugo of the Territory of the Virgin
this Act sod any other Acts of Congress should indeed be concerned with long- Islands.
Lee H. Hamilton of Indiana.
other laW, f the provisions of this Act sll
au- range access to those reserves, as well as Thomas M. Rees of California.
control
ts,tive determined ermined of be i Act invalid is au- its to other African markets and sources of Parren J. Mitchell of Maryland.
fare ior. as applied, such holding shall not be raw materials. It seems to us that our Henry-Helstoski of New Jersey.
face
deemed e affect any other pro- long term interests in a dependable sup- Bob Eckhardt of Texas.
t to o invalli,dat tue o or r
visions of this Act. ply from Rhodesia calls for support for Gerry E. Studds of Massachusetts
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Jafuary 23, 1975 CONGRESSIONAL RECORD -HOUSE
mines appropriate to enjoin and redress such
violation.
"? 2692. Special class actions; illegal surveil-
lance
"Any person, group, or organization that
has been the subject of any investigation,
surveillance, or recordkeeping in violation
of subsection (a) of section 2691 of this
chapter, may bring a class action against the
United States on behalf of himself and others
similarly situated for such equitable relief
as the court determines appropriate to en-
ioin and redress such violations.
"? 2693. Venue; jurisdictional amount
"(a) A person may bring a civil action un-
der this chapter in any district court of the
United States for the district in which the
violation occurs, or in any district court of
the United States for the district in which
such person resides or conducts business, or
has his principal place of business, or in the
District Court of the United States for the
District of Columbia.
"(b) Any Federal court In which a civil
action under this chapter is brought pur-
suant to subsection (a) shall have jurisdic-
tion over such action regardless of the pecu-
niary amount in controversy."
(c) The analysis of part VI of such title 28
is amended by adding immediately after item
171 the following new item:
"172. illegal surveillance ------------ 2691".
(d) Section 1343 of title 28, United States
Code, is amended by redesignating paragraph
(4)- as paragraph (5) and by inserting im-
mediately after paragraph (3) the following
new paragraph:
"(4) To recover damages or to secure equi-
table or other relief under chapter 172 of
this title;"
SEC. 4. The civil actions provided by the
amendments to title 28, United States Code,
made by this Act shall apply only with
respect to violations of subsection 2691(a)-
of title 28, United States Code, as added
by this Act, arising on or after the date
of enactment of this Act.
SEC. 4. Definitions. -
As used in this Act the term:
"(a) `civil officer of the United States'
means any civilian employee of the United
States;
"(b) `Investigations' means any oral or
written inquiry directed to any person, orga-
nization, or agency of the Government;
"(c) 'surveillance' means any monitoring
of persons, places, or events by means of
electronic interception, overt or covert in-
filtrations overt or covert observation,_pho-
tography, and the use of informants;
"(d) 'records' means records resulting from
any investigation or surveillance conducted
by any governmental agency of the United
States or any State or local government;
"(e) 'private affairs' means the financial,
medical, sexual, marital, or familial affairs of
an individual."
ADMINISTRATION ILLEGALLY IM-
POUNDS MEDICAL RESEARCH
FUNDS
The SPEAKER pro tempore.. Under a
previous order of the House, the gentle-
man from Massachusetts (Mr. DRINAN)
is recognized for 15 minutes.
Mr. DRINAN. Mr. Speaker, the Office
of Management and Budget is once again
acting in a lawless way.
On January 16, 1975, Document 94-33
of the 94th Congress contained the full
letter from the Assistant Comptroller
General, Mr. Phillip S. Hughes, indicat-
ing that OMB, as of January 9, 1975, had
failed to complete about one-half of the
required apportionments for the Depart-
H 279
ment of HEW that by law'were required sion of $351,200,000 from research in the
to have been completed on January 6, area of health will have a catastrophic
1975.. _ effect upon many projects, many medical
As of January 23, 1975, projected re- schools, and many individual research-
scissions for the National Institutes of ers in the enormously important and ur-
Health have not been submitted to the gent research In cancer, heart, lung,
Congress by the President nor has the arthritis, neurological diseases, child
President resorted to his other recourse health, and other essential areas.
under the Budget Control and Impound- The General Counsel of OMB claims
ment Act-the introduction of a deferral that a lengthy statement from the Comp-
message. This is contrary to law since the . troller General of the United States un-
appropriation for HEW for 1975 became der the date of December 4, 1974-
law by the signature of the President on numbered B-115398-justifies the posi-
December 4, 1974. The Anti-Deficiency tion of OMB that budget -authority can
Act requires that these appropriations be diminished - by the NIH and other
must be apportioned to the Department
by January 6, 1975.
I set forth herewith below the proposed
rescissions in the NIH 1975 budget. This
document, under date of January 16,
1975, is-apparently the basis for the pres-
ent spending levels of NIH. A long con-
versation between me and Mr. Leland B.
May, the Acting Director of'the Division
of Financial Management of the Na-
tional Institutes of Health confirms the
fact that NIH has already cut back to
the level proposed by OMB.
PROPOSED ADJUSTMENTS IN NIH? 1975 BUDGET, JAN. 16,
1975
agencies by the amount of the proposed
rescission until Congress acts or until
Congress fails to act after the 45 days
permitted by law.
What this position of the OMB means
Is that the President is claiming the right
under the Impoundment Control Act of
1974 to diminish an appropriated sum
by his proposed rescission during the 45
days in which Congress can act on mat-
ters of this kind and, indeed, during the
period before the rescission is even pro-
posed to Congress.
Mr. Speaker, this interpretation of the
Impoundment Control Act of 1974 ap-
pears to me to be precisely the opposite
of what Congress intended.
In view of the lawlessness of OMB as
1975
a pproprion Proposed
(compa-
rattle) rescission
Revised
budget 1975
National Cancer Institute---:-
;691.5
$123.0
;568.5
National Heart and Lung
Institute_________________
324.0
37.7
286.3
National Institute of Dental
Research_______________
49.9
7.5
42.4
National Institute of Arthritis
Metabolism and Digestive
Diseases________--------
N
ti
173.1
28.5
144.6
a
onal Institute of Neurlogical Diseases andStorke_
142.2
30.3
111.9
National Institute of Allergy
and Infectious Diseases---
119.4
14.0
105.4
National Institute of General
Medical Sciences----------
187.3
30.8
156.5
National Institute of Child
opment------------------
127.8
24.0
103.8
National Eye Institute___.____
44.1
6.5
37.6
National Institute of Environ-
mental Health Sciences----
34.9
6.9
28.0
Research Resources ---------
121.2
40.6
80.6
Fogarty International Center__
_ 5.4
1.0
National Institute of Aging__-
14.1
__----____
14.1
Total________________
2,034.9
350.8
1,
684.1
National Libras of Medicine__
a
28.4
.4
28.0
Buildings and f
cilities---___
3.0
----------
3.0
Office of the Director ---------
18.0
18.0
In plain fact, this means that $351,-
200,000 has already been taken out of
the budget of NIH by the OMB.
This has been done even before the
message of rescission pursuant to sec-
tion 1012a of Public Law 93-344 has been
received by the Congress. This special
message must, pursuant to law, give "the
reasons why the budget authority should
be rescinded." The presidential special
message must also reveal "facts, circum-
stances, and considerations relating to or
bearing upon the proposed rescission ...
and the decision to effect the proposed
rescission ... and the estimated effect of
the proposed rescission ... upon the ob-
jects, purposes, and programs for which
the budget authority is provided."
Needless to say, the proposed rescis-
unequivocally spelled out by the com-
munication from the Assistant Comp-
troller General of the United States in
Document 94-33, the Congress has the
right and indeed the duty to take this
document as equivalent to a special mes-
sage from the President. Section 1015 of
the Impoundment Act provides that if
the Comptroller General finds that an
action or inaction of OMB constitutes
a reserve or deferral which has not been
reported to Congress in a special mes-
sage as required, the Comptroller Gen-
eral shall report to Congress on such
reserve or deferral. The report of the
Comptoller General in such a case will
have the same effect as if it had been
transmitted by the President in a special
message.
Mr. Speaker, the communication of
January 16, 1975, by the Assistant Comp-
troller General does precisely what sec-
tion 1015 requires of the Comptroller
General. This letter also permits, if not
requires, the Congress to treat this letter
as having the same effect as if it had
been transmitted by the President in a
special message.
Consequently, Mr. Speaker, It is my
interpretation of the law that the 45 days
during which the proposed rescission of
$351,000,000 from the budget of NIH is
before Congress for consideration begins
to run, not at some future projected time
when the OMB gets around to informing
the Congress, but from January 16, 1975,
the date at which the Comptroller Gen-
eral gave to the Congress a letter which
had all of the same effects as a letter of
the President. in a special message re-
questing specific rescissions.
The 20-page document of the Comp-
troller General referred to above, dated
December 4, 1974, concludes with the
observation that the construction and
interpretation of the Impoundment Act
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CONGRESSIONAL RECORD-HOUSE January 23, 1975
involves "difficult issues of interpreta- would be vastly overshadowed by the hu- cannot in good conscience ask them to
tion of statutory language and legisla- man and financial costs of poor health bear the even heavier economic load that
tive history." As a result, the Comptrol- caused by poor diets. would result from this shortsighted ap-
ler General suggests "that Congress may As we consider this legislation, I think proach to curb energy demand.
want to reexamine the act and clarify it is also important to consider the sad The resolution I am cosponsoring to-
its intent through further legislative irony of the USDA proposal. In defend- day expresses the sense of the Congress
action." ing the food policies of the USDA Secre- that the President should delay the im-
Mr. Speaker, I have informed the tary Butz often cites statistics showing position of any tariff or other import re-
General Counsel and other officials at that Americans enjoy relatively inexpen- s ,riction on petroleum or petroleum prod-
the OMB that I shall follow the budget sive food. The Department of Agriculture ucts before April 1, 1975, so as to give
of the NIH with closest attention. Four tells us that food costs consume an aver- Vie Congress a reasonable period of time
major medical schools in greater Boston, age of about 16 percent of a family's Li which to act legislatively on such
along with specialized research insti- income. I think it is most interesting 1 roposals if it determines such action is
tutes in Massachusetts and across the when juxtaposed against the Depart- necessary.
Nation, depend almost exclusively for ment's proposed flat to demand that This Nation should not rush headlong
their operating budget on the $2,090,- elderly citizens and others on fixed and crown an uncharted path that could
418,000 agreed to in the conference com- limited Incomes pay 30 percent-almost 12ad to economic disaster in pursuit of
mittee of the Congress as the budget for double what USDA says is the national some illusory energy conservation objec-
NIH for fiscal year 1975. President Ford average-of their income for food. tive. The steps that we take in develop-
signed that bill, but now proposes by a Congress.must block implementation Ing a rational U.S. energy policy will
series of wholesale rescissions to drop of the 30 percent regulation and we must Lave political, social, and economic re-
that level of spending to a level below act promptly; without approval of this i.ercussions. We must first determine that
that of 1974 which was $1,786,325,000. legislation the food stamp price increase the need exists, that the tradeoffs are
President Ford proposed $1,733,100,000 will go into effect March 1. valid, and that the objective can be
for fiscal year 1975. thieved. We must not allow the Amer-
Obviously the Ford administration has can people to be penalized for the foot-
a new version of how to play the game of PETROLEUM TAX PROPOSALS: dragging that has characterized this ad-
NEED FOR CONGRESSIONAL RE-
impoundment. The Congress should re- VIEW ministration's approach to developing a
sist, reverse, and repudiate this inde- national energy policy. We can afford to
fensible conduct on the part of OMB and The SPEAKER pro tempore. Under a take a little more time to determine that
the President. previous order of the House, the gentle- we are setting off on the right path. Leg-
man from New Jersey (Mr. DoMINIci V. slation I introduced earlier this week
BOOSTING FOOD STAMP COST DANIELS) is recognized for 5 minutes. calls for the establishment of a national
Mr. DOMINICK V. DANIELS. Mr. energy information system. This attempt
The SPEAKER pro tempore. Under a Speaker, I am today joining with my es- by the Ford administration to institute
previous order of the House, the gentle- teemed colleagues Mr. McFALL and Mr. far-reaching national energy policies
man from Iowa (Mr. MEZVINSKY), is rec- REUSS in cosponsoring a House concur- without adequate economic and energy
ognized for 5 minutes. rent resolution designed to. express the resource input clearly demonstrates the
Mr. MEZVINSKY. Mr. Speaker, today sense of the Congress in urging the Pres- deed for such a system.
I am joining with several of my col- ident to delay the implementation of his None of the President's energy conser-
leagues to introduce legislation to pro- plan to raise the fee on all imported ration or energy self-sufficiency goals will
hibit the Agriculture Department from crude oil and petroleum products. be achieved without the cooperation and
implementing its ill-advised plan to I fully share the President's concern support of the American people. And the
boost the cost of food stamps. I do so about the need foran effective fuel con- American people will not cooperate in a
with a sense of disbelief that such legis- servation effort in this Nation. However, program in which they do not have con-
lation has become necessary; disbelief I am not convinced that crude oil excise fidence. This confidence will only result
that as part of the drive for economic taxes proposed by the President will ac- from the public availability of full and
recovery the USDA plans to exacerbate complish our national energy conserva- accurate information on our national en-
the economic plight of the neediest tion objectives. At the same time, I am ergy situation. The far-reaching impli-
Americans. very concerned that the taxes, as pro- cations of our national energy challenge
Last December, when the USDA an- posed, will only exacerbate our current demand that Congress exercise its re-
nounced its proposal to require all food Inflation problems. The President has sponsibility to the American public in
stamp recipients to pay at least 30 per- maintained that his proposals will cost determining the merit of various energy
cent of their net monthly income for the average consumer approximately strategies that are developed by the ad-
their allotment of food coupons, I took $250 a year. While this estimate may ministration. The resolution I am co-
advantage of the "comment period" to accurately reflect the increased cost of sponsoring today testifies to the fact that
strenuously object to the prpposition and gasoline and electricity for most Ameri- this Congress does not intend to abdi-
urged that it be abandoned. Unfortu- cans, I do not believe the President has cate its responsibilities to the American
nately, the USDA had disregarded the considered the impact of dramatically people.
t
i
l
r
a
objections presented by Members of Con- increased energy prices in the indus
gress and announced that it plans to and food production sectors. It is appar-
raise the cost of food stamps an average ent to me that these increased fuel costs
of 7 percent. will soon be reflected in higher costs for
The human costs of this plan far out- food, textiles, manufactured products
weigh the budget savings involved. The which utilize petrochemical feedstocks
USDA's proposal would cut mostheavily in the industrial process, and a wide
into benefits for single persons and two- range of consumer goods. Additionally,
family households, including many el- these higher prices will adversely affect
derly Americans. The needy elderly and lower-income Americans. The poor and
others on fixed and limited incomes are the elderly are already bearing an untol-
the hardest pressed by inflation and yet erable economic burden resulting from
the USDA suggests that their food buy- the cruel combination of inflation, re-
ower be further eroded. cession, and rising unemployment.
lu
g p
INTRODUCTION OF LEGISLATION
TO PROHIBIT PRESIDENTIAL IM-
POSITION OF TARIFFS, FEES, OR
QUOTAS ON OIL IMPORTS FOR 60
DAYS
The SPEAKER pro tempore. Under a
previous order of the House, the gentle-
man from Massachusetts (Mr. O'NEILL)
is recognized for 5 minutes.
Mr. O'NEILL. Mr. Speaker, on behalf
of the 25 members of the bipartisan, 6-
State, New England Congressional Cau-
cus, I am introducing legislation to-pro-
coupons also fails to recognize the estab- add to the misery of these beleaguered hibit Presidential imposition of tariffs,
lished relationship-between nutrition and Americans by further increasing the cost fees, or quotas on oil imports for 60 days,
health. This is especially important of heating and lighting their homes, and and to require thereafter that Congress
where senior citizens are concerned and fueling their automobiles. We must find be insured at least 30 days to disapprove
any budget savings resulting from arbi- ways to help lower-income level Ameri- of any such Presidential decision.
trarily increasing the cost of food stamps cans cope with rising energy prices. We This legislation is essential to prevent
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May 12, 1975 CONGRESSIONAL RECORD -SENATE
we have about 130,000 Vietnamese refugees
coming in from Guam and the Philippines. I
thought you might hold your torch high and
light the way for them."
The statue seemed irritated. "We have too
many people in this country now. What am
I going to do with 130,000 Orientals?"
"The same thing you did with everybody
else. Welcome them. They're tired and they're
poor and they are yearning to breathe free."
"And what about jobs? Who is going to
support them?" she said petulantly.
"You never worried about that before," I
said. "Whoever came to this country even-
tually found jobs, and almost all of them
made very good citizens. There is no reason
to think the Vietnamese will be different.
After all, you are the mother of exiles."
"Times have changed," she growled. "The
American people are not that, thrilled about
having a bunch of refugees dumped on them.
Who is going to feed them? How many will
go on welfare? How do we know their kids
won't get in trouble in the streets? We have
enough problems in this country without
asking for more."
"But," I pleaded, "we're responsible for
them being refugees. We screwed up a coun-
try like it's never been screwed up before.
We supported their corrupt governments,
loaded them down with weapons they
couldn't use, defoliated their rice paddies
and wrecked their families."
"We left the country in a mess. The least
we can do is take in whatever huddled
masses escaped to our teeming shore."
"That's easy for you to say," the Statue of
Liberty replied, "but we have to think of
Americans first. They don't want any more
foreigners in this country."
"But most of our fatherk and grandfathers
and greatgrandfathers were foreigners.
You've welcomed them all. Tell me the truth.
Do you have anything against Orientals?"
"I don't personally. But you know how
some people are. The Vietnamese have dif-
ferent habits, and they're from another cul-
ture. They just don't fit in. Besides I'm sup-
posed to welcome the homeless from Europe.
That's why I'm looking in that direction."
"These people need refuge," I protested.
"Their lives are in ruins. Remember a few
weeks ago when they flew in orphans from
Vietnam and Cambodia? Nobody seemed to
object to that."
"It's not the same thing," the statue said.
"You can adopt orphans. But what can you
do with refugees?"
"Help them find homes, jobs, make them
citizens."
"It's out of the question. It isn't our. fault
they lost the war. Look, no one minds one
or two Vietnamese in a community. But
you're talking about thousands. They'll stick
out like a sore thumb. The unions would
never stand for it."
"Please don't turn your back on them,"
I begged. "If somebody just said, "Welcome.
We're glad you came," most Americans would
go along with it. The American people gripe
a lot, but they'll do the right thing if some-
body leads them. If you could shine your
torch toward the Golden Gate Bridge, per-
haps the people will be ashamed of the way
they've behaved."
The Statue of Liberty turned slowly. There
was a tear in her eye. "I've been here so long
l almost forgot why I was holding this lamp.
Where did you say I should shine my torch?"
"Over there. Hold it as high as you can
and point it toward the West so every Amer-
ican can see it. That's it. Now repeat after
me, `Send these, the homeless, tempest-tost
to me, I lift my lamp beside the golden
door.' '
PRIVACY LEGISLATION: A GOP
HALLMARK
Mr. HUGH SCOTT. Mr. President, the
current edition of "First Monday," the
publication of the Republican National
Committee, has an article detailing
Republican initiatives in the privacy
field which I think deserves the atten-
tion of my colleagues. I was pleased to
note that its author, Marc Rosenberg, is
a former intern of mine and a constitu-
ent from Cheltenham, Pa.
I ask unanimous consent that this ar-
ticle be printed in the RECORD.
There being no objection, the article
was ordered to be printed in the RECORD,
as follows:
PRIVACY LEGISLATION: A GOP HALLMARK
(NoTE.-The author, Marc H. Rosenberg, is
the legislative assistant to a Midwest Repub-
lican Congressman. Previously, he was a
writer for the Legislative Digest and served
as Director of the Washington Campus News
Service.)
Republicans have quietly moved to the
forefront of Congressional efforts to guaran-
tee citizens' rights-to-privacy. In doing so,
they are not seeking any special publicity,
but are working behind the scenes to assert
traditional Republican beliefs in the im-
portance of the individual and the personal
rights enumerated in the Constitution.
The GOP has taken more than its share
of lumps as a result of Watergate and the
more recent accusations of abuse iri various
domestic intelligence activities which are
alleged to have actually taken place during
the Johnson years.
The truth of the matter is that in recent
years the impetus for most new laws to pro-
tect rights-to-privacy has come primarily
from Republican Members of Congress. GOP
Congressmen and Senators have actively
spearheaded efforts to provide greater con-
fidentiality of school records, to prevent
abuse of IRS information and authority, and
to place tighter controls on federal surveil-
lance activities.
Last year, students and parents were
cheered by passage of the Family and Edu-
cational Privacy Act, which is better known
as the Buckley Amendment to the Elemen-
tary and Secondary Education Act. It was
authored by Sen. James Buckley of New
York.
This new law gives students over 18 and
parents of minor students access to most
files kept on students by their schools, but
denies access to unauthorized third parties.
The law was prompted by a number of docu-
mented horror stories wherein damaging,
sometimes erroneous, information was leaked
from school files while students and parents
were denied access to those same files.
The Buckley amendment corrects this
situation, restoring proper priorities.for the
confidentiality of school records. The law
went into effect early this year, less than a
year after it was first proposed.
The Educational Privacy Act was one of 12
specific proposals that were either initiated
or endorsed in a report issued last August by
the House Republican Task Force on Privacy.
Other issues addressed in the report include:
government surveillance; juvenile and crimi-
nal arrest records; computer data banks; and
standard universal identification numbers.
"A LANDMARK"
The Task Force consisted of 13 Republican
Congressmen, chaired by Barry Goldwater, Jr.
Its recommendations were unanimously en
S7827
dorsed by the Republican Research Com-
mittee, on behalf of all Republicans in the
House of Representatives. In a cover letter
attached to the final Task Force report, the
chairman of the Research Committee, Con-
gressman Lou Frey Jr. of Florida, said, "The
recommendations are a landmark in the area
of individual rights. Nowhere (else) has the
total question of privacy been so well or
thoughtfully covered.... These recommen-
dations and the follow-up legislative efforts
will insure that the 1984 envisioned by
George Orwell will remain only fiction."
During public hearings in March of this
year, the House Judiciary Subcommittee on
Civil Liberties praised the Task Force report
as being the most comprehensive document
of its kind.. They commended Congressman
Goldwater and his colleagues for their efforts.
Last year, Congressman Goldwater also dis-
tinguished himself in the privacy area by
being the prime sponsor of the Goldwater-
Koch Comprehensive Privacy Act. This new
law guarantees citizens access to most files
kept on them by the federal government and
provides a mechanism for correcting or de-
leting inaccurate information. At the same
time, the law prohibits improper dissemina-
tion of information found in these federal
files.
In other areas, Sen. Lowell Weicker of Con-
necticut is leading efforts to guarantee the
confidentiality of federal tax returns and to
prevent any future abuse of the Internal
Revenue Service's audit powers. The Senator
says, "Clearly, only those legitimate authori-
ties concerned with proper functions of tax
administration or law enforcement should be
allowed access to tax returns." Chances ap-
pear very good that the Weicker proposals
will be approved by the 94th Congress.
New York Rep. Jack Kemp has proposed
legislation to help safeguard the privacy of
personal medical records. He explains, Tlie
adequacy of safeguards to assure protection
of the right of privacy as to individual medi-
cal records is a matter of growing concern.
The proliferation of automated data systems,
within b9th government and the private sec-
tors, has focused particular attention on ...
these protections and, generally, has found
them inadequate." Consequently, Congress-
man Kemp had introduced the proposed
Medical Records Privacy Act.
MOST IMPORTANT
In this current session of Congress, proba-
bly the single most important piece of privacy
legislation, is the proposed Bill of Rights Pro-
cedures Act, which was developed by Mary-
land Sen. Charles Mathias and Rep. Charles
Mosher of Ohio.
This legislation would require federal
agents to obtain court orders before they
could conduct any surveillance on any pri-
vate citizens. It would greatly enhance the
protections granted by the First, Fourth and
Fourteenth Amendments and would plug up
many loopholes in existing laws.
This past February, Mathias and Mosher
testified before the House Subcommittee on
Civil Liberties, which is holding extensive
hearings on the Bill of Rights Procedures Act.
They warned that "American citizens to-
day, in many instances, are becoming vir-
tually paranoid about government surveil-
lance." They noted that this can have a
"chilling effect" on the public. This pheno-
menon is described as citizens being intimi-
dated by the fear that improper surveillance
is taking place, so that they can avoid par-
ticipating in certain political activities or
other lawful exercises of their Constitutional
rights.
At the outset of the hearings, Subcommit-
tee Chairman, Democrat Robert Kastenmeter
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CONGRESSIONAL RECORD -SENATE May 12, J! 9 ;'S
of Wisconsin, noted that 62 Congressmen had
joined as cosponsors of the Bill of Rights
Procedures Act. The cosponsors were evenly
divided, 31 from each party, representing the
whole spectrum of political philosophies and
coming from every part of the country.
The House Judiciary Committee is con-
tinuing hearings on the Mathias-Mosher pri-
vacy bill and indications are that it will re-
ceive a favorable recommendation. There is
a very good chance that the bill will be put
before the House for a vote this summer.
The Senate Judiciary Committee has prom-
ised to consider the Bill of Rights Proce-
dures Act In hearings to be held later this
year. A rival bill has been introduced by Sen-
ators Kennedy and Nelson, but experts in the
privacy field openly state that the Mathias-
Mosher bill is clearly the superior piece of
legislation. To date, the Bill of Rights Proce-
dures Act has been endorsed by groups as di-
verse as the Republican Task Force on Pri-
vacy, the Washington Star-News, the New
York Times, the Akron Beacon Journal and
the National Newspaper Association.
Throughout the statements of these legis-
lators there runs a common theme: Involve-
ment in the privacy issue is not a new-found
interest for Republicans. Rather, the com-
mitment to the individual's rights-of-privacy
is in the finest traditions of the Republican
Party. These Congressmen and Senators all
feel that the GOP has a history of commit-
ment to championing the rights and free-
doms of the private citizen. Their efforts to-
day are merely the newestchapters in a long
story.
NURSING HOME REFORM: 48 BILLS
TOWARD A NATIONAL POLICY
WITH RESPECT TO THE INFIRM
ELDERLY
Mr. MOSS. Mr. President, I have
served as chairman of the Subcommittee
on Long-Term Care of the Senate Spe-
cial Committee on Aging since 1963.
Early hearings by our subcommittee lead
to the enactment of Federal minimum
standards for nursing homes participat-
ing in the medicare and medicaid pro-
grams. In 1969, we began our current
series of hearings, "Trends in Long-
Term Care" designed to gather facts
and to test the implementation and en-
forcement of the so-called Moss amend-
ments of 1967. Last November we issued
the first of a 12-volume report on nurs-
ing home problems with subsequent re-
ports or supporting papers following at
monthly intervals. I would like to em-
phasize that these reports and the rec-
ommendations we made in them are
based on 25 hearings since 1969 and
more than 3,000 pages of testimony.
The recommendations in our reports
fall into two categories: new legislation
and suggestions urging the enforcement
of existing legislation by the Department
of Health, Education, and Welfare. Until
very recently, the Department's record
in terms of implementing congressional
nursing home reforms and in terms of
enforcing standards was characterized
by neglect and indifference. Of late, I
believe I sense a new attitude in HEW,
but only time will tell if it results in
genuine reform. I have some specific
suggestions:
First. HEW must begin to enforce the
law and regulations which prohibit nurs-
ing home operators from dominating
State boards which license nursing home
administrators. Operators dominate the
boards in 15 States at the present time.
Second. HEW must begin to enforce
section 242 of Public Law 92-603 which
sets out criminal penalties of $10,000 fine,
a year in jail or both for fraud or mis-
representation of a material fact in con-
junction with payment for services
under medicare or medicaid.
Third. HEW should implement
changes the Congress made in 1972 re-
quiring operators to disclose indirect as
well as direct ownership interests in
nursing homes.
Fourth. HEW must alter existing reg-
ulations to allow older Americans to have
access to the home health services they
need. At the present time less than 1 per-
cent of medicare's total $12 billion ex-
penditures pay for home health care and
2.5 million elderly are going without the
care they need.
As I. noted, in addition to urging HEW
to take action under existing law, I have
introduced a 48-bill nursing home re-
form package. The first 12 bills were
introduced on March 12, and cosponsored
in the House of Representatives by Con-
gressman ED KocH. The remaining 36
bills were introduced on April 29 with
Congressman CLAUDE PEPPER, chairman
of the Subcommittee on Health Mainte-
nance and Long-Term Care of the House
Committee on Aging, acting as House
sponsor along with ED KocH who is the
prime cosponsor. My bills fall essentially
into seven categories as follows:
A. BILLS DESIGNED TO MAKE LONG-TERM CARE
MORE READILY AVAILABLE TO ALL OLDER
AMERICANS
S. 1552. to provide. nursing home cov-
erage under medicare without requiring
prior hospitalization, by establishing a
second level of care-intermediate care,
by requiring standards for intermediate
care facilities and by providing such
services under medicare. Intermediate
care services are presently authorized
under medicaid but not under medicare.
S. 1553, to amend the Internal Revenue
Code to allow a family to deduct as a
"medical expense" payments made by
such family for nursing home care re-
ceived by a relative.
S. 1554, to provide for a modfication
of the medicare reimbursement formula
to allow small hospitals in rural areas
with chronic low occupancy to provide
long-term care but only in those areas
where there are no appropriate nursing
home beds available.
S. 1555, to allow the use of supplemen-
tary security income payments plus state
supplementary payments to house resi-
dents in shelter care facilities which
meet certain Federal minimum stand-
ards.
S. 1161, to authorize an experimental
program to subsidize families to care for
their elderly in their own homes.
S. 1162, to authorize payment for day
care under medicare.
S. 1163, to expand home health serv-
ices authorized under medicare and
medicaid. This bill originated with Con-
gressman EDWARD I. KocH of New York.
S. 1165. to authorize funding for
"campuses for the elderly"-a nursing
home, home for the aged, congregate
living facility, hospital and senior citi-
zens center located on one site.
D. BILLS TO CREATE NEW MINIMUM FEDERAL
STANDARDS FOR NURSING HOMES PARTICIPAT-
ING IN MEDICARE AND/OR MEDICAID
S. 1556, to require physician visits to
patients in skilled nursing facilities at
feast once every 30 days.
S. 1557, to require skilled nursing facil-
ities under title 18 and 19 to have regis-
tered nurse coverage 24 hours per day, 7
,lays per week effective January 1, 1978.
S. 1558, to require that only licensed
!sersonnel-registered nurses or-licensed
r,ractica.l nurses-are authorized to set
lip and distribute medications in skilled
nursing homes.
S. 1559, requiring skilled nursing facil-
:ties to place responsibility for medical
,are in a medical director and/or a nurse
iractitioner trained in geriatrics.
S. 1560, to require HEW to promulgate
minimum ratios for nursing personnel to
tatients and for supervisory nurses to
total nurses and further requiring that
'here should be no less than 2.25 hours of
cursing care per patient per day for
skilled nursing care.
S. 1561, to require skilled nursing
domes to provide medically related social
services.
S. 1562, to require admission contracts
.)etween the nursing home and patients
paid for by medicaid and to prohibit life
are contracts.
S. 1563, to require the upgrading of
-ire safety standards for nursing home
)y requiring compliance with the 23d
xdition, 1973, of the Life Safety Code
instead of the 21st edition, 1967, present-
'y mandated by law.
S. 1564, to require the posting of a
-cursing home's license, medicare/medic-
tid certification, a description of the
.services provided by the facility, a list
>f the owners and staff of the facility, a
>atient's bill of rights and other perti-
ient information.
S. 1565, to require nursing home ad-
ministrators of facilities participating in
,nedicare and medicaid to treat epidemic
liseases, accidents and significant
hanger in patient condition.
S. 1164, to require nursing home par-
' icipating in Federal programs to file
(-'PA audited cost and financial state-
:nents and to provide penalties for fraud
or misrepresentation.
S. 1166, to require full and complete
*wnership disclosure of every nursing
come interest with penalties for misrep-
: 'esentation of a material fact.
t. BILLS TO IMPROVE NURSING HOME INSPEC-
TION, ENFORCEMENT AND AUDITING PROCED-
URES
S. 1566, to require State inspection of
public and private skilled nursing and
intermediate care facilities at least once
(very 90 days and to require State en-
forcement of the rights of patients in
rich facilities.. This bill originates with
Congressman ED BEARD.
S. 1567, to first, require that State plans
to provide care for the aged, blind and
r.isabled be approved by both the State's
legislative and executive branch; sec
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