« PreviousContinue »
in the Kremlin have hitherto failed. people and to all people of the free traordinary expenses to be expended under The Voice can muffle their snarl. world, the cost of supervising and ad
the direction of the Administrator for such Second. To cite two examples of Red ministering and preserving and defend- purposes as he deems proper, and his deter
mination thereon shall be final and confraud: In Korea the Reds promised landing and promoting even greater equities
clusive, $7,900,000. to South Korean tenants and share- under our Constitution is not cheap, by croppers. If they would come into the any means. Neither is freedom.
Mrs. ROGERS of Massachusetts. Mr. Red network, all they would have to pay Mr. WIER. Mr. Chairman, I move to
Chairman, I move to strike out the last was 25 percent of their crop as taxes, strike the last word.
word. they could keep the balance. Twenty- Mr. Chairman, I would like to inquire
Mr. Chairman, I rise to remind the five percent quality crop, that was.
House of the action of the American of the chairman of the committe, beWhen the Reds took over, here is the
Medical Association. I understand no cause on page 30 of the report there are story: A man came around just before some committee recommendations for
effort will be made in the House to insowing time. You all know this tech- appropriations for Air Force bases in
crease the appropriation for civil denician but I want to get it in the RECORD. Continental United States. I note there
fense. I am told such an effort will be The man came around and said: “What is a $746,000 appropriation for the Min
made in the Senate, and I think it will is your estimated yield this year?” The
The neapolis-St. Paul Wold-Chamberlain succeed. estimated yield was cited. This checked, Airbase. My inquiry is, Has this ap
I am informed that the board of the agent said, “Yes, on your acreage, propriation been approved by the Com
trustees of the American Medical Asbeing a good farmer you should have mittee on Armed Services?
sociation, in April 1953, formally stated that yield. We will take 25 percent in Mr. TABER. It has. That is a Reserve
its belief thatquality crops, when you harvest.” training facility.
It is inconsistent to support a large miliWhen the harvest was brought in,
Mr. WIER. I am concerned, because
tary establishment for national defense and they took only that crop, premium crop, with the growth of that Air Force base at
not simultaneously support an adequate rejecting the inferior, this meant 25
medical program for the protection of Wold-Chamberlain Field, there are percent quality, but over 65 percent of other institutions such as the large vet
civilians. everything the man had grown, that was erans' hospital, the heavily used com
The board of trustees urged the Conmarketable—no profit for him. That is
mercial airport as well as the national gress “to support adequate appropriaone type fraud of the Reds the Voice of cemetery connected with the Fort Snell
tions for the medical and health aspects America could bring out. No allowance ing Base.
ing Base. They are rapidly being crowd- of civil defense, including planning, was made for drought, blight, etc.
ed out of space because of the continuing stockpile of essential medical materials, Second, the Reds shipped out daily to expansion of the Air Force needs. In training and research.” Manchuria and to Vladivostok, 500 tons addition to those two institutions we
I understand that the amount recomof nitrates, the whole output, of the ni- have a national cemetery up there, and mended by the
House Appropriations trate plant in Hamhung, North Korea.
I think the time is coming when the Committee for medical stockpiling will None went for agricultural purposes, for Wold-Chamberlain Airport is going to allow only for an increase in blood fertilizer for the farms of Korea. Honey be very limited as far as the Air Force plasma and related substances. No furbuckets, human waste, was good enough moving in and taking over the whole ther increase in other medical supplies for Koreans, not nitrates. Again, Reds property.
or in equipment for improvised emerpocket the profit, not the people. Theft-the old motto, "after me, you
Mr. TABER. This Air Force addition gency hospitals will be possible. We does not, according to what they told the
therefore would not be prepared, June come first.” committee, require any additional space.
30, 1954, to take care of more than a Another, we found
found in Communist headquarters when we took over in
Mr. DAVIS, on page 265 of the hearings, fraction of the civilian casualties which said:
might result from enemy attack on this North Korea, in Hamhung, a big poster. It showed a big ship. Stalin was on it
Here again, Reserve facilities are being con- country. This certainly is not consistent with youth and other Red officials; it
structed on land made available through with the American Medical Association's other than purchase, is that correct?
recommendation to support "adequate resembled one of those holidays for
Major PADUANO. That is correct, it is not appropriations” for stockpiling of essenyouth Hitler talked about; and coming Government-owned land.
tial medical materials. sidewise, ready to crash into that big ship, was a little leaking skiff showing
They do not have to enlarge the field
An even more damaging consequence
to the Federal Civil Defense AdminisUncle Sam with a punctured stovepipe at all.
tration's medical program is threatened hat, sitting in the bow, on which was
Mr. WIER. Mr. Chairman, just to
in the House Committee's recommendashown the dollar sign, symbolic of profit, follow that, I know that in other parts of
tion that the Health and Welfare prowhich the Russians do not have, bailing the United States where we have had
gram be allowed $280,000 for operations. water out of the boat. His companions large commercial bases for other facili
This is a reduction of $180,000 from in the skiff were free-world leaders. On ties, that the Armed Forces has moved in
1953. The health and medical program the mast was a big skeleton flag and the with either radar operation or some
alone, without the welfare program, title of the poster was “The A-Bomb Ship other operation, and because of the tre
needs a minimum of about $310,000 just of Death.” Presumably Stalin would run mendous runways they have to have for
to maintain its current staff of profesus into the ground, grind us down. Mao their new jet planes they are taking over
sional people, their clerical support, and Tse-tung was in the picture, on deck a great deal of the facilities of the com
the existing professional program. with Stalin.
mercial airfields, and there is in the city Therefore, if the health service shared There is considerable speculation in of Minneapolis-St. Paul a fear of this in
with Emergency Welfare the $280,000 industry whether the Russians actually trusion, being taken over by the Air
appropriated fo. both health and welhave produced an atomic bomb for ex- Force for military purposes solely.
fare activities, the Health and Special plosion and whether they have the tech
The Clerk read as follows:
Weapons Defense Office would have to nical facilities that are so necessary in For necessary expenses, not otherwise pro- dismiss all of its part-time consultants, its development. The above poster in- vided for, in carrying out the provisions of
many of whom have unselfishly devoted clines to ridicule, not only the free world, the Federal Civil Defense Act of 1950, as
considerable amounts of time to developbut the dollar sign and the atom bomb.
amended (50 U. S. C., App. 2251–2297), in
cluding services as authorized by section 15 Profit, symbolic of the dollar sign, the
ing specialized parts of the medical proof the act of August 2, 1946 (5 U. S. C., 55a); Reds do not have. They have planes,
gram and would have to dismiss approxireimbursement of the Civil Service Commis
mately one-third of the professional staff tanks, guns, so have we. These they do
sion for full field investigations of employees which it has been so extremely difficult not ridicule. Do they have the A-bomb? occupying positions of critical importance to recruit over the period of the last 22 Why do they seem to ridicule it? The from the standpoint of national security; years. The consequences of such disposter was found in North Korea in expenses of attendance at meetings con- missals from the staff would be disasNovember 1950. cerned with civil defense functions; reim
trous to the civil defense medical proThe idea we face is this. Can they be
bursement of the General Services Admin-
gram. Health and welfare are distinctly tamed? Surely we must realize that, beexceed $9,000 for the purchase of newspapers,
separate activities of the Federal Civil cause we are a democracy, which means periodicals, and teletype news services; and Defense Administration. The Health a fair distribution of goods to all our not to exceed $6,000 for emergency and ex- and Special Weapons Defense Office alone, exclusive of Welfare, needs a min- tions generally than is realized by the public understanding of what this agency is atimum of about $310,000 just to maintain or even by many responsible Government
tempting to do. its current level of operations. Even officials. Project East River believes, how
Through the courtesy of Mrs. Howard, these figures do not take into consideraever, that the situation is far from hope
with other members of the Massachuless. Effective and specific corrective meastion the need for an additional $170,000 ures can be taken.
setts delegation, I had the privilege of for essential developmental projects in
witnessing the outstanding work of the biological warfare defense, chemical
I do not think anyone can dispute the
agency at its school in Olney, Md. In warfare defense, radiological defense and conclusion that the result of an attack
talking with the training staff and with other specialized aspects of the Health
of modern weapons upon this country is those who had come from all over this and Special Weapons Defense field. not generally realized by the public or
country to attend the particular session It is very important, I believe, Mr. even by many responsible Government
of the school taking place when I was at Chairman, that this money be inserted officials both in the executive depart
the demonstration, I obtained the most in the bill in the Senate in order that ment and here in Congress.
convincing kind of evidence, not only of the people may have some adequate in- In any event, I would not want the
the quality of the training, but of the enstruction in what to do if anything hap- consideration of this bill in its present
thusiastic acceptance of the program pens. I am told by a very reliable source form to pass without indicating my own
upon the part of those who were there and the American Medical Association appreciation of the vitally important
for training purposes. I might add that that Russia has the means of hurting work that is being done by the Federal many of them were professional firemen us desperately through some of the Civil Defense Administration and to
and persons in other public-safety acmethods they can use in destroying large compliment Governor Peterson, the Ad
tivities. Certainly they were not being groups in our communities, not by atom ministrator, and my good friend, Mrs. duped or deceived as to the common eybombs but by other methods.
Katherine Howard, the Deputy Admin- eryday productivity of that training. It Mr. HESELTON. Mr. Chairman, I istrator, as well as all of the personnel certainly would be a worthwhile experimove to strike out the last word.
of that Administration. Undoubtedly, ence for any Member of Congress to arMr. HESELTON. Mr. Chairman, I am their difficulties arise from the very fact range to attend one of those sessions and glad to have this opportunity to speak that they have been handicapped in the to witness exactly what is going on. I briefly as to the activities and accom- development of the administration's know that the officials of the agency plishments of the Federal Civil Defense program through a comparative lack of would be more than glad to make arAdministration. adequate funds. I hope they will not
rangements so that every Member of this I regret very much that the Appropria, consider the recommendation of the Congress would have that privilege. tions Committee has seen fit to take such committee in this bill a source of dis- Mr. PRICE. Mr. Chairman, I move very drastic action in its reduction of the couragement. Rather, I would urge to strike out the last word. amount recommended by Mr. Dodge, Di- that they would redouble their already Mr. PRICE. Mr. Chairman, while I rector of the Bureau of the Budget, on excellent efforts to inform the American recognize the futility in taking the time March 25. Unfortunately, it seems to be people, and particularly the Members to voice opposition to the reduction in an all too frequent occurrence that rec- of Congress, of their work and of their appropriations for the Federal Civil Deommendations reaching us have little if objectives. Yesterday my colleagues fense Administration, I thought that the any relation to the careful recommenda- from Massachusetts [Mrs. ROGERS and record should show that someone in this tions presented by the present adminis- Mr. CURTIS] commented upon the pro- House did raise his voice in behalf of tration through the Bureau of the gram and particularly on an important civil defense. Budget.
phase of it which is all too often not ap- Evidently, it will take an atomic bomb, Surely, we can all recall the major preciated. I refer to the outstanding dropped on the dome of the Capitol, beemphasis the President placed upon the work of the civil defense organization in fore this Congress will recognize its reimportance of civil defense to the secu- connection with national disasters. I sponsibility to provide adequate apprority of the people of this country in his have good reason to know of the fine priations for civil defense. It is no State of the Union message, but I want contribution made in the central Mas- wonder that it is difficult to make citito quote for emphasis a portion of the sachusetts area following the tornado zens in local communities understand President's very sound statement:
there earlier this year and I understand the necessity of an adequate civil deThere is but one sure way to avoid total
that there have been similar instances fense program when our legislators war—and that is to win the cold war. in other parts of the country.
themselves apparently show such little While retaliatory power is one strong deter- I do want to add that I have some interest in this all-important problem. rent to a would-be aggressor, another power- knowledge of the difficulties of the prob- I was amazed at the statement made ful deterrent is defensive power. No enemy lems facing this agency and of the ex- by the gentleman from New Jersey (Mr. is likely to attempt an attack foredoomed to failure.
treme importance of its work through SIEMINSKI), who just a few minutes ago Because the building of a completely im
my association during most of the last expressed his opinion that the Russians penetrable defense against attack is not pos
war with the civil defense organization do not have atomic bombs. I can say sible, total defensive strength must include
in Massachusetts as a director in one of to the gentleman that they do have, and civil defense preparedness. Because we have its districts. I was very proud of the I can give to him and to all other doubtincontrovertible evidence that Soviet Russia fine response which came from men and ing Thomases absolute assurance that possesses atomic weapons, this kind of pro- women in civilian life in Massachusetts. they not only have the bomb, but that tection becomes sheer necessity.
I know there were many intangible and they have them in numbers sufficient to There may have been errors made in extremely valuable results of the pro- conduct an atomic raid on our country. the initiation of the Federal Civil De- gram as it was worked out at that time. There is not a single area of population fense Administration program or there I know that an equally fine contribution in our Nation safe from a sneak attack may have been matters which are the can and will be made by men and women by planes carrying atomic weapons. It subject of honest differences of opinion all over this country if we here in Con- is about time we face up to the dangers among responsible people. Neverthe- gress inform ourselves of the activities threatening us and the world today. less, it seems to me it is the part of com- of this agency and see to it that the Fed
But as I say, I know it will do no good plete folly for us to wholly disregard the eral Government measures up to its own
to voice these warnings this afternoon exhaustive studies which were made in clear responsibility in this field.
because I am confident that the House
I the whole area of nonmilitary measures
has already made up its mind to go along doubt if there are many in Congress who for the defense of the United States by would care to frankly disagree with the
with the Appropriations Committee in Associated Universities, Inc. This rePresident's statement that “total de
cutting the budget for the FCDA more quired 18 months for completion and
than 70 percent below the budget esticontains many significant concepts and
fensive strength must include civil- mates of the Eisenhower administration. principles. It is sufficient here to quote
defense preparedness.” certainly his Obviously the committee has shown lita brief excerpt from the report: background, his experience in the Euro
tle regard for the recommendations of The report says further an attack with
pean theater in the last World War, and the administration. modern weapons would be much more dam
his judgment can well be relied upon by In this connection, I might point out aging to our population, our property, our any of us who may be assailed by doubts that among the first visitors to the then way of life, and to our democratic institu- simply because we do not have any real President-elect Eisenhower in his tempo
rary headquarters at the Commodore The SPEAKER. The question is on Hiestand Merrill
Hill Hotel in New York were the Nation's the motion to recommit.
Miller, Md. Sheppard
Hillelson Miller, Nebr. Shuford leaders in the civil defense movement. Mr. ROONEY. On that, Mr. Speaker, Hoeven
Simpson, Ill. They left the President-elect feeling that I demand the yeas and nays.
Hoffman, Ill. Morano
Small they had assurance that the new ad
Hoffman, Mich. Moulder
Smith, Kans. ministration would give encouragement The question was taken; and there Horan
Smith, Va. to an adequate civil-defense program. I were—yeas 154, nays 244, not voting 34, Hosmer
Hruska as follows:
Nelson know, as these men look upon this action
Nicholson Stauffer of the House this afternoon, they will be
Roll No. 91
Stringfellow dismayed and discouraged and feel that
O'Konski the administration has failed to keep
Talle what they believed to be commitments Aspinall Hagen, Minn. O'Brien, N. Y.
Johnson Passman Taylor to an adequate civil defense program.
Jonas, Ill. Patterson Thomas
Jonas, N. C. Pelly
Mich. civil defense was $150,000,000. The Com- Bennett, Fla. Heller
Phillips Thompson, Tex. mittee recommends here this afternoon
Perkins total appropriations for civil defense
Van Pelt amounting to $37,770,000, a reduction of Boland
Van Zandt $112,230,000 in the budget estimates. Bolling
Reece, Tenn. Vorys line in the problems affecting civil de- Brownson Howell
Landrum Reed, N. Y. Vursell fense. Every phase of the program will Buchanan Jackson
Rees, Kans. Wampler Byrd be seriously hampered and severely
Jones, Ala. Rains
Warburton Byrne, Pa. Jones, Mo. Rayburn
Riehlman Weichel crippled.
Robeson, Va. Westland It is about time that this Congress Canfield Karsten, Mo. Rhodes, Pa.
Robsion, Ky. Wharton makes up its mind whether it feels that
McConnell Rogers, Fla. Widnall
McCulloch Rogers, Tex. Williams, Miss. the Nation should have an adequate civil Carnahan Kelly, N.Y. Roberts
Williams, N. Y. defense program. Certainly it cannot Case
Willis have, if the Congress continues to deny
Mack, Wash. Schenck
Wilson, Tex. to the administration adequate funds to
Withrow provide for it.
Sieminski the bill.
Younger The CHAIRMAN. Under the rule, the Deane
Rhodes, Ariz. the Speaker having resumed the chair,
Roosevelt Edmondson Mack, Ill. the Committee of the Whole House on
Kearney Shafer the State of the Union, reported that Evins
Short that Committee, having had under con
Durham Kluczynski Wheeler
Matthews Wainwright sideration the bill (H. R. 6200) making
Fernandez Miller, N. Y. Winstead supplemental appropriations for the fis- Frazier
O'Hara, Minn. cal year ending June 30, 1954, and for Frelinghuysen Miller, Calif. Whitten
Miller, Kans. Wickersham
So the motion to recommit was relution 330, he reported the bill back to Gary
jected. the House with sundry amendments
The Clerk announced the following adopted by the Committee of the Whole.
pairs: The SPEAKER. Under the rule, the Gregory
On this vote: previous question is ordered.
Mr. Buckley for, with Mr. Hébert against. Is a separate vote demanded on any
Mr. Fogarty for, with Mr. Wigglesworth amendment? If not, the Chair will put
Brooks, La. Dies
against. them in gross. Abernethy Brown, Ohio Dodd
Mr. Powell for, with Mr. Shafer against.
Mr. Javits for, with Mr. Miller of New The SPEAKER. The question is on Alexander Burdick
York against. the engrossment and third reading of Allen, Calif. Burleson Dorn, N. Y.
Mr. Roosevelt for, with Mr. Hand against. Allen, Ill. the bill.
Mr. Dingell for, with Mr. Scherer against.
Ellsworth The bill was ordered to be engrossed
Mr. Bowler for, with Mr. Hunter against. H. Carl Byrnes, Wis. Engle
Mr. Celler for, with Mr. Hyde against. and read a third time, and was read the Andresen, Camp
August H. third time.
Mr. Kluczynski for, with Mr. Wheeler
against. The SPEAKER. The question is on Angell
Mr. Holifield for, with Mr. Dolliver against. the passage of the bill.
Until further notice:
Fountain motion to recommit.
Mr. Kearney with Mr. Kilday.
Mr. Short with Mr. Fernandez. Barden posed to the bill?
Cole, Mo. Gathings
Mr. Reed of Illinois with Mr. Durham.
Mr. Cole of New York with Mr. Rivers. Mr. ROONEY. I am, Mr. Speaker. Beamer
Mr. Rhodes of Arizona with Mr. Winstead. The SPEAKER. The gentleman qual- Becker
George ifies. The Clerk will report the motion
The result of the vote was announced
Goodwin to recommit.
Bennett, Mich. Coudert
as above recorded. The Clerk read as follows:
The SPEAKER. The question is on
Crumpacker Gross Mr. ROONEY moves to recommit the bill,
the passage of the bill. Betts
Cunningham Gwinn H. R. 6200, to the Committee on Appropri- Bishop
Curtis, Mass. Haley
The bill was passed, and a motion to ·ations with instructions to report the same Bolton,
Curtis, Mo. Halleck
reconsider was laid on the table. back forthwith with the following amend- Frances P. Curtis, Nebr. Harden
Bolton, ment: Page 5, line 17, strike out $60 mil
Hardy lion” and insert "$80 million”; and on page
Davis, Wis. Harrison, Nebr. 7, line 8, after the word "films” and the
COMMITTEE ON WAYS AND MEANS Bonner
Dawson, Utah Harrison, Va. colon, strike out the remainder of line 8 and
Dempsey Harrison, Wyo. Mr. REED of New York. Mr. Speakthe lines down to and including line 13. Bow
er, I ask unanimous consent that the Boykin
Devereux Hays, Ohio The previous question was ordered. Bramblett DEwart
Committee on Ways and Means may have until midnight tonight to file a re- to file a report on H. R. 6117, House a food and drug inspector constitutes a port on H. R. 5256, providing a retire- Resolutions 261 and 262.
violation of that act. ment system for the Tax Court judges, The SPEAKER. Is there objection to This loophole in the present law makes and on H. R. 6287, a bill to extend the the request of the gentleman from it possible for manufacturers who do not Renegotiation Act of 1951 for 1 year. Michigan?
maintain quality standards to compete The SPEAKER. Is there objection to There was no objection.
unfairly with those firms who do mainthe request of the gentleman from New
tain high standards of quality. PresiYork?
dent Eisenhower has asked that the AMENDING FEDERAL FOOD, DRUG, There was no objection,
power to inspect factories be restored to AND COSMETIC ACT
the Food and Drug Administration in
Mr. ELLSWORTH. Mr. Speaker, by order to safeguard the health of our NaPROGRAM FOR THE REMAINDER OF direction of the Committee on Rules, I tion. A number of safeguards for the THE WEEK
call up the resolution (H. Res. 329) pro- manufacturer have also been included Mr. HALLECK. Mr. Speaker, I ask viding for the consideration of H. R. in this bill. unanimous consent to address the House 5740, a bill to amend the Federal Food, Mr. Speaker, I hope that the memberfor 1 minute.
Drug, and Cosmetic Act, so as to pro- ship of the House will have the opporThe SPEAKER. Is there objection to tect the public health and welfare by
tect the public health and welfare by tunity to consider the merits of this bill the request of the gentleman from providing certain authority for factory and adopt House Resolution 329. Indiana ?
inspection, and for other purposes, and Mr. COLMER. Mr. Speaker, I yield There was no objection.
ask for its immediate consideration. myself 5 minutes. Mr. HALLECK. Mr. Speaker, a num- The Clerk read the resolution, as fol- Mr. Speaker, I believe it has already ber of Members on both sides of the lows:
been explained that this is an open rule aisle have inquired of me when the bill Resolved, That upon the adoption of this for 2 hours of general debate. dealing with excise taxes on moving-pic- resolution it shall be in order to move that
This bill, as the hearings before the ture-theater admissions would be called the House resolve itself into the Committee Committee on Rules indicated, was in
troduced by virtue of the fact that the up. There seems to be a great deal of of the Whole House on the State of the Un
ion for the consideration of the bill (H. R. interest in this bill. I thought it advis
old law permitting these factory and 5740) to amend the Federal Food, Drug, and able to fix a definite date rather than
other inspections under the Pure Food Cosmetic Act, so as to protect the public to carry on as we would otherwise, be
and Drug Act was held void so far as health and welfare by providing certain aucause we have a number of bills that thority for factory inspection, and for other
the imposition of any penalty was conhave been reported for some time and purposes. After general debate, which shall cerned, if the proprietor of the factory, which will be brought on for action as be confined to the bill, and shall continue the drugstore, or whatever the establishwe go on through the week. So after not to exceed 2 hours, to be equally divided ment was, refused permission to the Feddiscussion with the chairman of the
and controlled by the chairman and ranking eral inspector to come on the premises Committee on Ways and Means and the minority member of the Committee on In
and make what he regarded as the necterstate and Foreign Commerce, the bill shall minority leader, I announce that this be read for amendment under the 5-minute
essary inspection. This bill, therefore, bill will definitely come up for consider
was drawn to cure that apparent defect ation on Monday next. I think the call- tion of the bill for amendment, the Com
in the statute. ing of the Consent Calendar is in order mittee shall rise and report the bill to the I think we may all agree that it is a on Monday so we will call the Consent House with such amendments as may have wholesome and necessary thing to have Calendar and then take up the consid- been adopted, and the previous question laws dealing with the inspection of varieration of that bill. shall be considered as ordered on the bill and
ous factories, food-processing plants, amendments thereto to final passage withAction has been taken in the Commitout intervening motion except one motion
et cetera, that deal with the products tee on Government Operations in con
mentioned in this bill. to recommit. nection with two reorganization plans
Mr. AUGUST H. ANDRESEN. Mr. that were before that committee. I un
Mr. ELLSWORTH. Mr. Speaker, I Speaker, will the gentleman yield? derstand there is no desire to have exyield one-half hour to the gentleman
Mr. COLMER. I yield to the gentletended debate on them, so in view of from Mississippi [Mr. COLMER), and I
man from Minnesota. that I am hopeful that we can dispose
now yield myself such time as I may Mr. AUGUST H. ANDRESEN. I unof those two matters either tomorrow or require.
derstood the gentleman to mention drugFriday.
Mr. Speaker, I rise to urge the adop- store inspection. Does this bill go so far The other measures that are on the tion of House Resolution 329, making in
as to name drugstores? whip notice will be reached as quickly order the consideration of H. R. 5740, to
Mr. COLMER. My understanding is, as we can in the progress of the matters amend the Federal Food, Drug, and Cos
and the testimony before the committee before the House. metic Act, so as to protect the public
was to the effect that it is broad enough health and welfare by providing certain to include drugstores. I might say to
authority for factory inspection, and for the gentleman from Minnesota that so MESSAGE FROM THE SENATE other purposes.
far as I am concerned that is purely A message from the Senate, by Mr.
Mr. Speaker, House Resolution 329
hearsay. I do not know that to be a Carrell, one of its clerks, announced that provides for an open rule with 2 hours
fact. the Senate had passed without amend- of general debate on the bill itself.
Mr. AUGUST H. ANDRESEN. Permit ment a joint resolution of the House of
H. R. 5740 has for its primary purpose me to ask the gentleman further, would the following title:
the removal from interstate commerce this bill provide for an examination of H. J. Res. 294. Joint resolution continuing
adulterated and erroneously branded the books and records of any processing the availability of appropriations for the
food, drugs, therapeutic devices, and plant? Small Defense Plants Administration for the
cosmetics. It should be emphasized, Mr. COLMER. The testimony before month of July 1953, and for other purposes. however, that this does not prohibit the the Committee on Rules was to that
manufacture of adulterated and errone- effect: yes, sir. The message also announced that the Senate had passed a bill of the follow
ously branded goods before they have Mr. AUGUST H. ANDRESEN. In ad
entered the field of interstate commerce. ing title, in which the concurrence of
dition to factory inspections? the House is requested:
This proposed bill is important because Mr. COLMER. The testimony was
it specifically grants authority for the that the inspectors could inspect the perS. 2394. An act to amend the District Po
Food and Drug Administration to in- sonnel files, the records, or anything that lice and Firemen's Salary Act of 1953.
spect factories in which these goods are they deemed necessary in order to make manufactured, processed, packed, and the inspection.
held. The necessity for specifying that COMMITTEE ON GOVERNMENT
Mr. HINSHAW. Mr. Speaker, will the the Food and Drug Administration has gentleman yield? OPERATIONS
this power arises out of the decision of Mr. COLMER. I yield. Mr. HOFFMAN of Michigan, Mr. the Supreme Court on the Cardif case in Mr. HINSHAW. I think the gentleSpeaker, I ask unanimous consent that 1952, at which time the Court held that man is mistaken in his statement, if he the Committee on Government Opera- the present provisions of the act do not will pardon me for saying so, because tions may have until midnight tonight clearly provide that the refusal to admit one of the things we attempted to do in this amendment and report was to committee indicating that it would re- sider to be a leader on most of the vital make clear that they should not go to quire any increase in personnel. The matters considered by his committee. the extent they have in the past of ex- whole question was the use of personnel The minority report to which I preamining all these things to which the now being employed by the Administra- viously referred follows: gentleman from Minnesota referred. We tion,
MINORITY REPORT have particularly placed the word "rea- Mr. COLMER. I think the gentle
In the opinion of the undersigned there is sonable" in the amendment in three dif- man from Tennessee will also agree that
a substantial question whether Congress may ferent places to be sure that these in- that is the one question involved here:
grant to the Food and Drug Administration spections shall be entirely plausible. Whether it should be made compulsory the inspection authority provided by the
Mr. COLMER. I appreciate the or not; in other words, whether some amended bill. To express this opinion is learned gentleman's contribution. From teeth should be placed in the bill.
not, as the majority report says (p. 12) "to his own statement, however, I would say Mr. ELLSWORTH. Mr. Speaker, I
contend that Congress is largely powerless to that was a matter of interpretation and yield 2 minutes to the gentleman from prevent or control interstate commerce in one that would be interpreted in the Minnesota [Mr. AUGUST H. ANDRESEN).
adulterated or misbranded merchandise, and
that the majority of the statutes listed in proper forum.
Mr. AUGUST H. ANDRESEN. Mr. appendix A are unconstitutional.” Mr. NICHOLSON. Mr. Speaker, will Speaker, I am sorry to announce that
For more than 32 years—from 1906 to the gentleman yield?
my colleague from Minnesota [Mr. 1938—the Federal Food and Drug Act conMr. COLMER. I yield.
O'HARA) is ill and has been taken to tained no provision whatever for factory inMr. NICHOLSON. This bill also gives the hospital. The reason I make that spection, and for 15 additional years—1938 them the right to search vehicles, wheth- announcement is because he has taken
to 1953—the law has provided for factory iner it is your own vehicle or not.
a very active part in his committee with spection upon the consent of the owner, Mr. COLMER. I take the gentleman's reference to this legislation. He is one
operator, or custodian thereof. During all word for it; I frankly do not know; I of the members of the committee who
of these 47 years there has been, under acts
of Congress, effective control of interstate have not had an opportunity to give that wrote the minority report. He has very commerce in adulterated or misbranded much study to it.
strong convictions in opposition to the merchandise. As for the statutes listed in Mr. HARRIS of Arkansas. The gentle- advisability of passing this type of legis- the report's appendix A, their constitutionman from Massachusetts is right.
lation. I have received unanimous con- ality depends upon the circumstances and Mr. COLMER. The question here, as sent for my colleague [Mr. O'HARA] to provisions pertaining to them respectively, I was saying a moment ago I think we have the minority report included in the
and it is sufficient for this point to pass them
with the comment that each and every one all agree that an inspection law is desir- RECORD, but I shall modify that request
is readily distinguished, even upon the abable and that these inspections should and ask unanimous consent that the
breviated excerpts set forth in the appendix, be made. I might add that it is not only minority report immediately follow my from the provisions for inspection contained to the interest of the general public but remarks.
in the proposed bill. it is also to the interest of the processor The SPEAKER. Is there objection The length of the majority report belies of foods, etc., because when he has the to the request of the gentleman from the statement on page 9 that "there is no benefit of the inspection service while Minnesota?
doubt that Congress may grant to the Food the food or whatever it is is being proc- There was no objection.
and Drug Administration the inspection essed, then he runs less risk of having Mr. AUGUST H. ANDRESEN. Mr.
powers which are provided for by the
amended bill." It "protesteth too much.” that food condemned on the market Speaker, I am not a member of the Pages liberally filled with assertions of conthereby sustaining a considerable loss. Committee on Interstate and Foreign
gressional power, with conclusions designedly I know in the sea-food industry in which Commerce, but I am not sure that this drawn and premises favorably assumed, I am particularly interested we re- is desirable legislation. It may be. A laudable purposes claimed and urgencies quested and secured from this Congress good many of our food industries are strained, all betray uneasiness about the a law some 15 or more years ago for subject to inspection, like the packing
subject to inspection, like the packing constitutionality of the proposed grant. the inspection of sea food at the source, industry, where the Department goes so
Such 'uneasiness is neither surprising nor in order to prevent these enormous loss- far as to provide the specifications for
new. It was present in the formulation of
the Federal Food, Drug, and Cosmetic Act, es. Much of the sea food was inspected the type of packing plant that is to be
which was passed in June 1938, and which after it got into the market and was de- constructed. There are Government in
had been before the several Congresses durclared contraband and unfit for human spectors in every department. The ing a period of 5 years preceding enactment. consumption prior to the Federal inspec- Government stands the cost of meat in- The inclusion of a provision for inspection tion, So it is very desirable.
spection and it is done for the purpose was a question which gave much concern to The question that is going to arise in of protecting the public health. Wheth. its author, Mr. Tugwell, and other propothe debate here is the question of the er their bill is designed for the same
nents of that legislation. Manufacture was, violation and of the penalty if the fac- purpose or not, I am not sure, how
and is, a local operation. Factories were,
and are, located within States. The Federal tory inspector goes in over the objec- ever, I shall listen to the debate.
Constitution contains no grant of power for tion of the proprietor of the factory or May I ask the chairman of the Com- inspection of factories or for regulation of establishment. It raises a very serious mittee on Interstate and Foreign Com- manufacture. question, and one, frankly, upon which I merce if this legislation would author- This concern led to the provision in secwant to hear further debate. I am some- ize a general fishing expedition where an tion 704 for first obtaining permission of the what torn here between a desire to see inspector going into a factory under the owner, operator, or custodian of the factory, these inspections made on the one hand guise of inspecting sanitary conditions warehouse, establishment, or vehicle to be by competent officers, and on the other might also inspect all the books and inspected. It also accounts for the phrase
“For purposes of enforcement of this act,” hand an apprehension about further inrecords of any organization?
which opens section 704. That phrase was vasion of personal and business rights Mr. WOLVERTON. It does not have devised in the 1938 act for the purpose and by agents of the Federal Government. that effect.
in the hope, of justifying inspection and Mr. VURSELL. Mr. Speaker, will the Mr. AUGUST H. ANDRESEN. This in constitutionally supporting it as an incident gentleman yield?
no way would authorize such an in- to the regulation of interstate commerce. Mr. COLMER. I yield to the gentle- spection of books and records and would So now with the proposed revision of sec. man from Illinois.
be strictly confined to the facilities that tion 704, the constitutional question leads Mr. VURSELL. Will this create many are used and the products that are used
the authors of the majority report to set up
other and more numerous props. The justimore jobs that will have to be filled ? in the manufacture of articles covered
fication for the bill is declared to be the proWill it add great additional expense? in the bill?
tection of public health and welfare, whereas Mr. COLMER. That question should Mr. WOLVERTON. The language of the only authority for the Federal Food, Drug, be more appropriately addressed to my the bill is very plain and if the gen- and Cosmetic Act is the constitutional grant friend the chairman of the committee. tleman will read the bill he will find to regulate interstate commerce. I would say, however, that I very defi- that it will answer his own question.
It is asserted that the power to make innitely got the impression that it would Mr. AUGUST H. ANDRESEN. But I spections is needed to encourage compliance not from the hearings before the Com- like to have it straight from the horse's
with the act by bringing to light conditions mittee on Rules.
which may cause products to be adulterated mouth, from one of the best Members
or misbranded. Thereby, says the report Mr. PRIEST. If the gentleman will of Congress, an individual who has (p. 2), manufacturers are enabled to correct yield, there is no testimony before the greater knowledge than I, a man I con- the conditions and to withhold adulterated