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Issues Briefing Book, Oct. 1976 (1)
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Issues Briefing Book, Oct. 1976 (1)
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Richard Cheney's General Subject Files
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The original documents are located in Box 8, folder "Issues Briefing Book, Oct. 1976 (1)" of
the Richard B. Cheney Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 8 of the Richard B. Cheney Files at the Gerald R. Ford Presidential Library
TABLE OF CONTENTS
HEALTH, SOCIAL SECURITY AND PUBLIC ASSISTANCE
Abortion
Black Lung
Cancer Research
Child Abuse
Child Care
Child Day Care
Child Nutrition
Disability
Elderly
Emergency Medical Services
Food Stamps
Health Care Costs
Malpractice
National Health Insurance
Nursing Homes and Long Term Care
Nursing Manpower
Rural Health Care
Social Security
Spinal Cord Injury
Swine-Type Influenza
Welfare Reform
JUSTICE, CRIME, CIVIL RIGHTS
Affirmative Action
American Citizens in Mexican Jails
Anti-Trust
Busing
Crime
Death Penalty
Decriminalization of Marihuana
Drug Abuse
Gun Control
Illegal Aliens
Job Security (Last Hired, First Fired)
Juvenile Delinquency
Native Americans
Needs of the Federal Court System/Judiciary Salaries
Post Card Registration
Privacy
Repeal of Fair Trade Laws
Spanish Speaking Americans
Women's Rights
HOUSING AND COMMUNITY AFFAIRS
Federal Fair Housing Law and Ethnic Neighborhoods
(Ethnic Purity)
Housing Assistance
Housing Finance/Home Ownership
Neighborhood Revitalization
Postal Service
Training and Funding of Future U.S. Olympic Teams
Urban Community Development
ECONOMIC GROWTH
Bankruptcy Act
Capitol Formation
Inflation
Interest Rates
Job Creation
Price Controls
Regulatory Reform
Tax Reform
ENVIRONMENT
Air Quality
Land Use
Mining and the Environment
Reform of Mining Laws
Solid Waste/Resource Recovery
Strip Mining
Toxic Substance Control
Water Quality
Water Resources
AGRICULTURE, RURAL DEVELOPMENT, AND COMMERCE
Farm Policy
Rural Development
LABOR, EDUCATION AND VETERANS
Aid to Nonpublic Schools
Common Situs Picketing
Educational Block Grant Program
Elementary and Secondary Education
G.I. Bill Benefits
Hatch Act
Medical Care for Veterans
Public Employee Collective Bargaining
Right to Work
Termination of the G.I. Bill
Unemployment
Youth Employment
Youth Minimum Wage Differential
ENERGY
Coal
Energy Conservation
Energy Development Impact Assistance
Energy Independence Authority
Energy Research and Development
Expansion of Commercial Nuclear Power
Exports of Commercial Nuclear Materials and Technology
Liquefied Natural Gas (LNG)
Natural Gas
Oil Corporation Divestiture
Outer Continental Shelf Oil
Solar Energy
State Utility Planning and Regulation
Synthetic Fuels Commercialization
Uranium Enrichment Capacity
TRANSPORTATION
Airlines and Airports
Airline Transportation
Amtrack
Concorde SST
Energy Related Activities
Federal Aid Highway Act of 1976
Highway Program
METRO
No Fault Insurance
Railroads
Regulatory Reform in Transportation
Rural Transportation
Transportation Safety
Urban Transportation
GENERAL GOVERNMENT
Arts
Bicentennial
Consumer Protection
Historic Preservation
Refugees
Science and Technology
INTERGOVERNMENTAL AFFAIRS
Aid to New York City
General Revenue Sharing
FOREIGN AFFAIRS
Africa
South Africa
Angola
Australia/New Zealand
The Byrd Amendment - Rhodesian Chrome
Chile
China-Taiwan
China/Normalization of U.S. - PRC Relations
China - Republican Party Platform Plank
China - Reports of Secret Nuclear Reprocessing in Taiwan
CIA
Cuba
Cyprus
Defense
Eastern Europe
The Efficacy of U.S. Foreign Policy
European Unity
Illegal Corporate Payments Abroad
Intelligence
International Control of Narcotics
International Terrorism
Italy
Aid to Communist Italy?
Italian Earthquake
U.S. - Japan Civil Aviation
Japan (General)
Japan - The Lockheed Case
Japan Defense Cooperation
Japan - Trade Deficit and Yen Question
Japan - 200 Mile Fishery Zone
Japan - Bilateral Trade Problems
Korea
Korea - August 18 Incident
Korea Human Rights
Korea - U.S. Relations
Korea - Japan Civil Aviation
Korea - Negotiations with North Korea
Latin American Policy
Law of the Sea
Lebanon
The GAO Report on the Mayaguez Affair
MIA's in Southeast Asia
The Middle East
Multi-National Corporations/Foreign Payments
Mutual and Balanced Force Reduction Talks
Naval Shipbuilding Program
Pacific Trust Territories and Northern Marianas
Panama Canal
Philippines - Base Negotiations
Portugal
Relations between the U.S. and Other Industrialized
Democracies
Relations with Developing Countries
SALT
Selective Service Program
Selective Service and National Guard Force
Spain
Threshold Test Ban/Peaceful Nuclear Explosives Treaty
Ramifications
Uganda-Kenya Situation
United Nations
U.N. Membership for Vietnam and North and South Korea
U.S. - Greek Relations
U.S. - Philippine Military Base and Economic Negotiations
U.S. - Relations with Vietnam (Normalizing Relations
with Vietnam)
U.S. - Soviet Relations
U.S. - Turkish Relations
U.S./USSR Relations - The Affront of Angola
Western Europe
10/20/76
HEALTH, SOCIAL SECURITY
AND PUBLIC ASSISTANCE
ISSUE: Abortion
Administration Position
The President publicly reiterated his position in an
interview with Walter Cronkite on February 3, 1976: "I
am in a moderate position in that area. I do not believe
in abortion on demand. I do not agree with the court
decision of (1973). On the other hand, I do not agree that
a Constitutional amendment is the proper remedy. I think
we have to recognize that there are instances when abortion
should be permitted -- the illness of the mother, rape or any
of the other unfortunate things that might happen -- so there
has to be some flexibility. I think that the court decision
went too far. I think a Constitutional amendment goes too far.
If there was to be some action in this area it is my judgment
that it ought to be on the basis of what each individual State
wishes to do under the circumstances. Again, I should add
even though I disagree with the court decision, I have taken
an oath of office and I will, of course, uphold the law as
interpreted by the court. I think there is a better answer."
Interview with Walter Cronkite
February 3, 1976
And in New Hampshire on February 8, 1976, he said: "My
decision adverse to the Supreme Court decision goes back some
time. I felt at the time the decision was made that it went
too far. while I was a Member of the House of Represen-
tatives after that decision, I made a decision to oppose the
Constitutional amendment that would preclude any Federal
Executive, Legislative or Judicial action against abortion,
and I felt then -- and it is on the record at that time --
that I favored an amendment that would permit individual
State action."
Presidential Documents
Vol. 12, No. 7, p. 154
On September 8, 1976 the President answered questions from
the press as follows: Question: Mr. President, Jimmy Carter
said today your position on abortion and his are fundamentally
the same. Do you agree with that? Answer: First, the
Democratic platform and the Republican platform on the issue
of abortion are quite different. I subscribe to the Republican
platform and Governor Carter subscribes to the Democratic
platform. His position and mine are not identical. My position
is that of the Republican platform and I will stick with it.
Presidential Documents
Vol. 12, No. 37, p. 1315
- 2 -
Question: But that was not your position before. Answer:
I think -- if I might correct you, Ms. Thomas -- the
Republican platform is my platform. It is one that coincides
with my long-held view.
Presidential Documents
Vol. 12, No. 37, p. 1316
Question: Do you think there should be a Constitutional
amendment against abortion? Answer: I have had the position
for some time that there should be a Constitutional amendment
that would permit the individual States to make the decision
based on a vote of the people of each of the States.
Presidential Documents
Vol. 12, No. 37, p. 1316
Question: Mr. President, on the matter of abortion, sir, do
you feel that this issue, which is so semi-religious and so
emotional, is a fit subject for a political debate, political
discussion? Answer: I don't think the American people expect
candidates for office to duck any issues just because they
are intense, with good people on both sides having different
views. I think the American people ought to get an answer
from Governor Carter and myself on this issue just like on
any other issue.
Presidential Documents
Vol. 12, No. 37, p. 1318
On September 10, 1976, the President sent a letter to the
Most Reverend Joseph L. Bernardin of the National Conference
of Catholic Bishops. One of the issues discussed was abortion:
"One of the most controversial issues of our time and one in
which we share a keen interest is the question of abortion.
I have grave concern over the serious moral questions raised
by this issue. Each new life is a miracle of creation. To
interfere with that creative process is a most serious act.
In my view, the Government has a very special role in this
regard. Specifically, the Government has a responsibility to
protect life -- and indeed to provide legal guarantees for the
weak and unprotected.
It is within this context that I have consistently opposed the
1973 decision of the Supreme Court. As President, I am
sworn to uphold the laws of the land and I intend to carry
out this responsibility. In my personal view, however, this
court decision was unwise. I said then and I repeat today --
abortion on demand is wrong.
- 3 -
Since 1973 I have viewed as the most practical means of
rectifying the situation created by the Court's action a
Constitutional amendment that would restore to each State
the authority to enact abortion statutes which fit the con-
cerns and views of its own citizens. This approach is
entirely in keeping with the system of Federalism devised by
the founders of our Nation. As Minority Leader of the House
of Representatives, I co-sponsored an amendment which would
restore this authority to the States, and I have consistently
supported that position since that time.
My position has been based on three fundamental convictions:
I am against abortion on demand; the people of every state
should have the Constitutional right to control abortion; and
there is a need to recognize and provide for exceptional cases.
I should also point out that the Republican Platform which I
support is fully consistent with these views.
I recognize that this abortion question is a matter of deep
personal and moral conviction. Honorable people may disagree,
but all of us must be concerned about an increased irreverence
for life within advanced societies.
Americans have benefited greatly by our rich spiritual heritage.
The sound, sensible lessons of goodness imparted by religious
teachers and devoted parents have done more than anything else
to prepare our children for life."
Presidential Documents
Vol. 12, No. 37, p. 1327
On September 11, 1976, the President directed the Domestic
Council to prepare a study of federal funding for abortion.
In his September 29, 1976, veto statement about the Labor-
HEW appropriations bill, the President commented on the
amendment restricting the use of Federal funds for abortion:
"I agree with the restriction of the use of Federal funds
for abortion. My objection to this legislation is based purely
and simply on the issue of fiscal integrity."
Presidential Documents
Vol. 12, No. 40, p. 1415
Administration Actions
The Department of Defense has ordered all military facilities
to comply with the Supreme Court decision on abortion. DOD
- 4 -
will provide abortions as a normal medical service in its
hospitals but will not reimburse individuals for abortions
performed outside of military hospitals.
The Department of Health, Education, and Welfare has ordered
all Public Health Service facilities to comply with the
Supreme Court decisions on abortion and to provide abortions
as a normal medical procedure. The Department also reimburses
states for abortions under Medicaid (Title XIX) and Social
Services (Title XX).
After the Congress overrode the veto of the HEW/Labor Appro-
priations bill, law suits were filed in Federal courts to
challenge the restriction on HEW funding for abortions
resulting in two temporary restraining orders. These orders
prevent the legislatively-imposed restriction from being
implemented across the nation until there has been a hearing
in court.
While the temporary restraining order is in effect, HEW funds
will. continue to be used to reimburse for abortion services.
(The Supreme Court will be considering this fall, the
constitutionality of a state ban on the use of Medicaid
funds for abortion. [Maher V. Roe, from Connecticut].)
SCM
10/8/76
ISSUE: Black Lung
Administration Position
H.R. 10760, as passed by the House (210-183) departs from
the premise that the black lung program is designed to
compensate those who have contracted the disease. It
would entitle a miner with 30 or more years service (or
the survivors of such a miner) to receive black lung bene-
fits, without showing the miner had actually contracted
black lung. It would also provide compensation to the
survivors of certain miners killed in mine accidents --- a
provision utterly unrelated to black lung. The Senate
equivalent, S. 3183, which is more expansive (includes
strip miners and coal processors) was debated on the
floor of the Senate, but was not voted upon before Congress
adjourned sine die on October 2, 1976.
The Administration believes this is unwise and unfair
legislation in that the black lung program should not be
turned into an automatic benefit unrelated to illness.
Administration Actions
The Administration has indicated strong opposition to the
proposed legislation.
Background
The black lung benefits would be financed by taxes on coal
producers levied according to the tonnage produced. The
most reliable estimates available show a tax of $2.50 per
ton being levied with annual cost in FY 1977 of $1.6 billion.
Taxation based strictly on tonnage produced would act to
discriminate against mining operations which experience a
low incidence of black lung like the surface mining operations
prevalent in western states.
The cost to the Federal government of administering this
legislation is estimated at $100 million over a five-year
period.
Under present law, about 500,000 miners or their survivors
are receiving black lung benefits at a cost of about $1 billion
per year to the Federal government.
WMB
10/4/76
ISSUE: Cancer Research
Administration Position
In his message of April 5, 1976, submitting the 1974 report of
the National Cancer institute, the President said, "The Adminis-
tration is pleased to note the progress and accomplishments in
cancer research, especially on cancer treatment and detection,
and in promotion of the use of cancer knowledge in medical and
health practice. A number of centers of cancer expertise have
been established across the country. The results of the re-
search and control activities must surely foretell an ameliora-
ting influence on the formidable cancer statistics that face us
today.
Our intensified cancer research effort was born of public concern
about the problems of cancer which takes many forms, and it has
our continuing support and commitment. The recommendations of the
National Cancer Program Plan for substantial increases in funding,
expanded research training, and new construction of research
facilities must, however, be annually reviewed in the context of
limited budgetary resources and other competing demands.
Our national involvement is symbolized by the National Cancer
Program. People in Government and in the private sector must
share the responsibility in this total effort against cancer.
This report and this plan are a mark of our progress toward the
ultimate solutions to the problems of cancer"
Presidential Documents
SCM
4/12/76
ISSUE:
Child Abuse
Administration Position
The President supports the efforts of the Department of
Health, Education, and Welfare and its National Center on
Child Abuse in coordinating Federal activities relating to
child abuse and neglect prevention and treatment. The
approach of the Center, which is to support demonstration
projects, is consistent with the President's efforts to
return power and initiative to the States and to individuals.
Administration Actions
On May 19, 1976, the Administration submitted legislation
to the Congress "To amend and extend the program authorized
by the Child Abuse Prevention and Treatment Act".
The draft bill would extend the programs authorized by the
Child Abuse Prevention and Treatment Act for three additional
years (through September 30, 1980) and would authorize the
appropriation of $19 million for each of the three years.
Other proposals contained in the draft bill would authorize
the Secretary to make grants and contracts for the evaluation
of child abuse programs assisted under the Act and would
require that, as a condition for receiving funds under this
Act, a State must provide that in every case involving an
abused child which results in a judicial proceeding, a
representative for the child would be appointed or approved
by the court. Currently, the law requires that the child's
representative in court be a "guardian ad litem."
SCM
10/8/76
ISSUE: Child Care
Administration Position
The primary responsibility for child care rests with the
family. Supportive actions by the State and Federal
Governments are important and proper as long as they do
not interfere with the role of the family.
The President stated on October 7, 1975: "I certainly do
recognize that those, who for one reason or another, do
not have adequate funds for the raising of their children
or for their own sustenance or are unable to have an income,
the Government does have a responsibility."
Presidential Documents
Vol. 11, No. 41, p. 1139
The President stated on the ABC documentary on maternal and
infant malnutrition filmed on May 29, 1976: "Americans are
agreed on the importance of seeing that every child in our
country gets a healthy start in life. We do care - we must
each set our priorities to include the proper feeding of
our children. Congress and the Administration have been
working to achieve this goal."
Administration Action
Children are the beneficiaries of many Federal programs and
grants in areas such as education, health care, income
support, and nutrition programs. During FY 75, HEW's level
of investment in activities which benefit children reached
an estimated $14.7 billion.
On February 23, 1976, the President proposed the Federal
Assistance for Community Services Act. The President pro-
poses to augment the authority and responsibilities of the
States by delivering Title XX funds as a block grant with no
State matching requirement. This proposal is designed to
allow the States greater flexibility in deciding how to
spend Title XX funds.
SCM
7/21/76
ISSUE:
Child Day Care
Administration Position
The President believes that standards for child day care
should be developed and enforced at the State level. He does
not support the Title XX Federal Interagency Day Care require-
ments (FIDCR) which are strict, Federally-determined standards.
In the veto message of April 6, 1976, on H.R. 9803, a child
day care bill, the President said, "I am firmly committed to
providing Federal assistance to States for social services
programs, including child day care. But I am opposed to
unwarranted Federal interference in States' administration
of these programs.
The States should have the responsbility -- and the right ---
to establish and enforce their own quality day care standards.
My recently proposed Federal Assistance for Community Services
Act would adopt this principle, and with it greater State
flexibility in other aspects of the use of social services
funds available under Title XX of the Social Security Act.
H.R. 9803 is the antithesis of my proposal. It would make
permanent highly controversial and costly day care staff-to-
children ratios. And it would deny the States the flexibility
to establish and enforce their own staffing standards for
federally assisted day care."
Presidential Documents
Rather than pursue the unwise course charted in (H.R. 9803),
I urge that the Congress extend, until October 1, 1976, the
moratorium on imposition of Federal day care staffing standards
that it voted last October. This would give the Congress
ample time to enact my proposed Federal Assistance for Community
Services Act, under which States would establish and enforce
their own day care staffing standards and fashion their social
services programs in ways they believe will best meet the
needs of their citizens.
Presidential Documents
On September 7, 1976, the President signed H.R. 12455, the
Child Day Care bill, he said: "Ensuring adequate day care
for children is an important social service. It protects the
well-being of thousands of American children -- and the
economic independence of their working parents. The integrity
of the family is of paramount importance but supportive
government action is acceptable as long as it does not inter-
fere with the family role
- 2 -
Today I have signed a new and better child day care bill --
the result of compromise and cooperation between the Congress
and my Administration. H.R. 12455 embodies a major compromise
on a key issue which led to that veto -- the imposition on
States and localiites of costly and controversial Federal
staffing requirements for child day care services funded
under Title XX of the Social Security Act
H.R. 12455, by postponing the Federal standards until
October 1, 1977, will enable the States to operate day care
programs for more than another year free of onerous and costly
Federal intrusion, while HEW completes a required major study
and report with recommendations on the day care standards.
In addition, the Congress will have the opportunity to act
on my proposed "Federal Assistance for Community Services
Act," submitted to the Congress last February to reform the
Title XX social services program.
Presidential Documents
Vol. 12, No. 37, p. 1312
Administration Action
On February 23, 1976, the President presented to the Congress
the Financial Assistance for Community Services Act. This
proposal is designed to improve and strengthen the program of
social services established under Title XX of the Social
Security Act. It will provide a $2.5 billion block grant
annually to the States on a population basis. It will
eliminate the requirement for State matching funds, as well
as most Federal requirements and prohibitions on the use of
Federal funds.
As part of the Social Services block grant proposal, the
President has recommended that FIDCR, and particularly the
costly and controversial staffing standards, be deleted
from Federal law. Under the President's proposal, each State
would be required to have in effect its own appropriate
mandatory standards, including requirements relating to safety,
sanitation, and protection of civil rights, for day care services
provided under Title XX.
On April 6, 1976, the President vetoed H.R. 9803, a bill
which would perpetuate rigid Federal child day care standards
for all the States and localiites in the Nation, with the
cost to be paid by the Federal taxpayer.
- 3 -
On September 7, 1976, the President signed H.R. 12455, the
child day care bill. This bill is the result of compromise
and cooperation between the Congress and the Administration.
H.R. 12455 embodies a major compromise on a key issue which
led to the veto of the earlier day care bill -- the imposition
on States and localities of costly and controversial Federal
staffing requirements for child day care services funded
under Title XX of the Social Security Act.
H.R. 12455, by postponing the Federal standards until
October 1, 1977, will enable the States to operate day care
programs for more than another year free of Federal intrusion,
while HEW completes a required study and report with
recommendations on day care standards.
SCM
10/6/76
ISSUE:
Child Nutrition
Administration Position
I am presenting today to the Congress the Child Nutrition
Reform Act of 1976. This proposal is designed to facilitate
the States' efforts to feed needy children by consolidating
15 food programs -- including forty different meal subsi-
dies -- into a single block grant.
Good nutrition is a key factor in the physical, mental and
social development of the Nation's children. It is essential
that children not be denied a healthful diet because of limited
family resources. For this reason the Federal government has
developed subsidy programs to provide lunches for needy children.
I believe that the Federal government has a responsibility to
provide nutrition assistance to those most in need. At the
same time, I believe that the existing Federal taxpayer sub-
sidies for the meals of children from families able to feed
themselves extends that Federal responsibility beyond the
appropriate point.
Presidential Documents
Vol. 12, No. 13, p. 478
In a speech to the U.S. Conference of Mayors on January 26,
1976, the President said, "Giving money to the families above
the poverty line and depriving children from families below
the poverty line -- will anybody stand up and defend that?
I can't."
Presidential Documents
Vol. 12, No. 5, p. 96
The President stated on the ABC documentary on maternal and
infant malnutrition filmed on May 29, 1976: "Americans are
agreed on the importance of seeing that every child in our
country gets a healthy start in life. We do care -- we must
each set our priorities to include the proper feeding of
our children. Congress and the Administration have been
working to achieve this goal.'
Presidential Documents
On September 20, 1976, in proclaiming National School Lunch
Week the President said: "Productive people are our Nation's
greatest natural resource. Americans are agreed on the
importance of seeing that every child in our country gets a
healthy start in life. Sound nutrition is a vital building
block in our children's growth and development. Malnutrition
must not be allowed to harm the development of any American
child.
- 2 -
Administration Action
On March 23, 1976, the President proposed the Child Nutrition
Reform Act of 1976 to consolidate 15 child nutrition programs
into a single, comprehensive block grant to provide States
with increased flexibility to feed needy children.
This legislation would:
--- Provide financial assistance to States based on the cost
of feeding all needy children.
--
Consolidate 15 complex categorical and overlapping programs
into a single block grant to States, increasing their
flexibility in administering these programs, and at the
same time save the taxpayers nearly $900 million in FY 1977
by reducing assistance to non-needy children.
--
Remove unnecessary restrictions and red tape governing the
way meals are provided to needy children.
Give concerned organizations and individuals in each
State an opportunity to be involved in the planning of
child feeding programs.
SCM
10/8/76
ISSUE: Disability
Administration Position
Federal programs for aiding those who have become disabled are
in need of re-examination. Their goals, standards, and growth
should be reviewed and a uniform coordinated system of support
should be established.
The disability insurance program has grown rapidly in the last
ten years. There were 1,237,000 claims filed in FY 74, an
increase of 158% from FY 65. Approximately 2,017,000 disabled
worker beneficiaries received payments in FY 74, an increase of
126% over FY 65. And payments increased from $1.4 billion in
FY 65 to $6.2 billion in FY 74, an increase of 342%.
On January 19, 1976 in his State of the Union address the
President expressed his concern about the effects of catastro-
phic illness on the disabled. He said, "Increasing health
costs are of deep concern to all and a powerful force pushing
up the cost of living. The burden of a catastrophic illness
can be borne by very few in our society. We must eliminate
this fear from every family."
Presidential Documents
Vol. 12, No. 4, p. 47
On April 3, 1976, the President said " we have to recognize
that the disabled, for reasons in most cases beyond their own
control, have to be given some special attention
I think
across the board we have to recognize the fact that this group
in our society needs some very special attention, and this
Administration will carry out that promise and pledge."
Presidential Documents
Administration Action
The President has announced the calling of the White House
Conference on Handicapped Individuals to be held in the Spring
of 1976. The purpose of the Conference is to stimulate a
national assessment of problems facing individuals with handi-
caps and to develop recommendations to solve such problems.
The President said in his announcement, "This Nation's handi-
capped citizens have a right to live with self-reliance, with
the same dignity as all of their fellow citizens, to help them
realize their full capacity as human beings, to help them
achieve higher levels of personal and professional fulfillment."
Presidential Documents
- 2 -
In his State of the Union address the President announced two
recommendations in his FY 77 budget that will help the disabled.
-- A full cost of living increase in social security
benefits to be paid in the coming year.
-- Catastrophic health insurance for everybody covered by
Medicare. The President said, "To finance this added
protection, fees for short-term care will go up somewhat,
but nobody after reaching age 65 will have to pay more
than $500 a year for covered hospital or nursing home
care nor more than $250 for one year's doctor's bills."
Presidential Documents
Vol. 12, No. 4, p. 47
On April 28, 1976, the President issued an executive order on
Nondiscrimination with Respect to the Handicapped in Federally
Assisted Programs. The purpose of the executive order is to
provide for consistent implementations within the Federal
Government of Section 504 of the Rehabilitation Act of 1974.
SCM
5/24/76
ISSUE: Elderly
Administration Position
In his Message on Older Americans, sent to the Congress on
February 10, 1976, the President stated, "As President, I
intend to do everything in my power to help our nation
demonstrate by its deeds a deep concern for the dignity and
worth of our older persons. By so doing, our nation will
continue to benefit from the contributions that older persons
can make to the strengthening of our nation."
Presidential Documents
Vol. 12, No. 7, p. 168
The President is deeply concerned about the financial difficulties
faced by many older Americans today. The President is making
every effort to combat recession, inflation and the energy
crisis, which affect all Americans, while at the same time
assuring that the elderly are helped to meet these added
burdens.
The President stated on July 24, 1975: "
I am determined
to reduce the burden of inflation on our older citizens,
and that effort demands that government spending be limited.
Inflation is one of the cruelest and most pervasive problems
facing older Americans, so many of whom live on fixed incomes.
A reduction of inflation, therefore, is in the best interests
of all Americans and would be of particular benefit to the
aging."
Presidential Documents
Vol. 11, No. 30, p. 774
And he reiterated in his Message on Older Americans: "The
single greatest threat to the quality of life of older
Americans is inflation. Our first priority continues to be
the fight against inflation."
Presidential Documents
Vol. 12, No. 7, p. 168
The President is also concerned about maintaining the integrity
of the Social Security System trust fund to ensure that ex-
pected benefits will be paid to those who earn them. The
President said in the State of the Union on January 19, 1976,
"Simple arithmetic warns all of us that the Social Security
Trust Fund is headed for trouble. Unless we act soon to make
sure the fund takes in as much as it pays out, there will be
no security for old or young.
Presidential Documents
Vol. 12, No. 4, p. 48
- 2 -
And in his Message on Older Americans he said, "Maintaining
the integrity of the system is a vital obligation each genera-
tion has to those who have worked hard and contributed to it
all their lives. I strongly reaffirm my commitment to a stable
and financially sound Social Security system."
Presidential, Documents
Vol. 12, No. 7, p. 168
In his State of the Union address the President expressed his
concern about the effects of catastrophic illness and intro-
duced a catastrophic health proposal for the elderly and the
disabled covered by Medicare. He said, "increasing health
costs are of deep concern to all and a powerful force pushing
up the cost of living. The burden of a catastrophic illness
can be borne by very few in our society. We much eliminate
this fear from every family."
Presidential Documents
Vol. 12, No. 4, p. 47
In his Message on Older Americans the President summarized
some of the progress made in recent years for the elderly:
"We have responded, for example, to recommendations made at
the 1971 White House Conference on Aging. A supplemental
Security Income program was enacted. Social Security benefits
have been increased in accord with increases in the cost of
living. The Social Security retirement test was liberalized.
Many inequities in payments to women have been eliminated.
The 35 million workers who have earned rights in private pension
plans now have increased protection. In addition we have
continued to strengthen the Older Americans Act. I have
supported the concept of the Older Americans Act since its
inception in 1965, and last November signed the most recent
amendments into law."
Presidential Documents
Vol. 12, No. 7, p. 169
"A concern of mine is that the voice of the elderly, as consumers,
be heard in the governmental decision-making process. The
network on aging offers opportunities for this through member-
ship on advisory councils related to State and Area Agencies
on Aging, Nutrition Project Agencies and by participation in
public hearings on the annual State and Area Plans. Such
involvement can and will have a significant impact on determining
what services for the aging are to be given the highest
priorities at the local level.
Presidential Documents
Vol. 12, No. 7, p. 170
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"Five percent of our older men and women require the assistance
provided by skilled nursing homes and other long term care
facilities. To assist these citizens, an ombudsman process,
related solely to the persons in these facilities, is being put
into operation by the National Network on Aging. We believe
that this program will help to resolve individual complaints,
facilitate important citizen involvement in the vigorous
enforcement of Federal, State and local laws designed to
improve health and safety standards, and to improve the quality
of care in these facilities."
Presidential Documents
Vol. 12, No. 7, p. 170
On April 5, 1976, the President said, "One of the best ways we
can draw upon their strengths and skills is in the job and volunteer
markets. Too often older and even middle-aged Americans are the
victims of myths and prejudices regarding their capabilities.
Americans must repudiate these myths and prejudices, as we
have repudiated others, and assure our older Americans the
chance to prove that time has only enhanced their demonstrated
abilities."
Presidential Documents
Administration Action
The elderly are the beneficiaries of Federal programs and
grants in areas such as education, health care, income support
and nutrition programs. In FY 73 the Federal Government
transferred approximately $54 billion to the elderly through
income transfer programs and spent $1.8 billion on services
for the elderly.
On November 28, 1975, the President signed the "Older
Americans Amendments' of 1975" and said: "I endorse the
concept of the Older Americans Act which establishes a
system to deliver coordinated comprehensive services at the
community level and which is designed to enable older persons
to live independent lives in their own residences and to
participate in the life of their community."
Presidential Documents
Vol. 11, No. 48, p. 1326
On January 19, 1976 the President announced in the State of
the Union address that he will recommend in his FY 77 budget:
--
A full cost of living increase in social security
benefits to be paid in the coming year.
--
a .3% increase in both employer and employee social
security taxes effective January 1, 1977. As the
President pointed out, "This will cost each covered
-4
employee less than one extra dollar a week
"
--
Catastrophic health insurance for everybody covered
by Medicare. The President said, "To finance this
added protection, fees for short-term care will go
up somewhat, but nobody after reaching age 65 will
have to pay more than $500 a year for covered hospital
or nursing home care nor more than $250 for one year's
doctors' bills. "
Presidential Documents
Vol. 12, No. 4, p. 47
On February 10, 1976 the Administration sent to the Congress
the legislation proposed in the President's budget on Social
Security tax increases and catastrophic helath coverage for
Medicare beneficiaries. The President's Message on Older
Americans accompanied the legislation.
ISSUE: Emergency Medical Services
Administration Position
On May 3, 1976, in Birmingham, Alabama, the President responded
to a question about emergency medical services by saying:
"Let me say at the outset, I am very, very familiar with the
emergency medical program
"So I am a very dedicated person to the need and necessity
and the constructive benefits of the emergency medical service
program.
"But here is the problem we face: We have 16 categorical grant
programs in the health service area and each of those categor-
ical grant programs have their own Federal bureaucracy, and
the inflexibility of handling the money, which is about
[$11] billion a year, as I recall
is that they don't let
the local officials who want in Birmingham a better and
better emergency medical service program go beyond whatever
the Federal the Federal Government makes available.
"Some other communities may not want or may not feel they
need as much in one program as in another. So what we have
tried to do is to take those 16 health service programs that
are now arbitrarily, inflexibly rooted into law and to add
to the money SO there would be more money and every State would
be held harmless, but give to Alabama the same amount or more
money than they got before with less arbitrary, inflexible
rules and regulations and to let Birmingham and the State of
Alabama decide whether they want to accentuate the emergency
medical service program and maybe give a little less to
something else.
"In other words, I strongly believe, doctor, that you in
Alabama would be infinitely better off, you would have far
less Federal bureaucracy if we had a block grant program,
and then the good citizens of Birmingham or Alabama could make
the choices as to which ones they wanted to accentuate or to
expand and which ones they might like to reduce.
"So, believing strongly in local control and local decision-
making, and trying to get away from this overhead and
bureaucracy in Washington, I believe the health grant program
or block grant program is the better approach.
Presidential Documents
Vol. 12, No. 19, p. 813-814
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ISSUE: Food Stamps
Administration Position
The President has called upon the Congress to join him in
an effort to restructure the food stamp program in a way that
targets limited resources on assisting families truly in need,
while excluding those with incomes well above the poverty
level.
In sending his proposal to Congress, the President said:
"My recommendations for dealing with the Food Stamp assistance
program follow a fundamental principle on which I stand: The
Federal Government should help, within the limits of national
resources, those who are in need; but we should not give
one dollar of Federal assistance to those not in need."
Presidential Documents
Vol. 11, No. 43, p. 1186
Administration Action
The President recommended in early 1975 a 30 percent purchase
requirement to reduce Federal expenditures, which was re-
jected by the Congress.
On October 20, 1975, the President sent to the Congress a
proposal to reduce food stamp expenditures by $1.2 billion
and to concentrate benefits on the truly poor. Eligibility
would be limited to those whose net income is below the
poverty level.
-- Costs will be reduced by $1.2 billion.
-- 24 percent of the recipients, those who are
truly poor, will receive increased benefits.
-- 17 percent of those currently participating will
no longer receive benefits because their income
is above the poverty level.
In his State of the Union message the President again called
on Congress to move to reform the Food Stamp Program saying:
"Let's give Food Stamps to those most in need. Let's not
give any to those who don't need them."
Presidential Documents
Vol. 12, No. 4, p. 49
in
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On February 19, 1976, the President wrote to Senator Talmadge
and Congressman Foley to inform the Congressional Agriculture
Committees that "I am deeply concerned by the failure of
Congress to enact seriously needed changes in the Food Stamp
Program.
But no action has yet been taken by Congress to
implement real reform. Each day that goes by without enact-
ment of the reforms which I have proposed costs the taxpayers
more than $3.25 million.
While statutory changes by the
Congress would be the most desirable course of action, we
can no longer afford to wait. Since the Congress has not
acted, there are only two courses open to me: to ask for
more funds to continue the program as it is, or to direct the
Secretary of Agriculture to proceed administratively to
reform the program through changes in regulations. The first
course is unacceptable to me because I believe the taxpayers
have waited far too long for reform of this program. There-
fore, since the Congress has not enacted Food Stamp reform,
I have directed the Secretary of Agriculture to issue
regulations which will set in motion the reforms needed to
eliminate abuses, control costs, and concentrate benefits
on those truly in need."
Presidential Documents
Vol. 12, No. 8, P. 265
On May 7, 1976, the USDA published regulations to begin reform
of the Food Stamp Program.
The Administration also continues to urge Congressional
passage of the Food Stamp Reform proposal.
On July 6, 1976, the President signed S. 2853, the Emergency
Food Stamp Vendor Accountability Act of 1976. The legislation
ensures that persons authorized to sell food stamps promptly
deposit the cash collected. Also, it minimizes the potential
for abuse by providing specific criminal penalties for certain
violations of the statutory requirements. The President said,
"Although I am pleased to sign this measure because it
represents a significant step toward improving program
accountability, it falls far short of the meaningful food
stamp program reforms which are needed to redirect food stamp
benefits to the truly needy and to eliminate from the program
persons with income substantially above the poverty level. In
1975, I submitted to the Congress a comprehensive food stamp
reform proposal which was aimed at simplifying program admini-
stration and achieving program equity as well as strengthening
program accountability. The Congress has been working on
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program reforms, but as yet no substantive reforms have been
enacted.
Presidential Documents
Vol. 12, No. 28, p. 1137
Final Senate action on food stamp reform legislation on
April 8, 1976, resulted in the adoption of only a few minor
pieces of the President's reform package. All of the major
pieces of reform legislation were either deleted or signi-
ficantly altered. The Senate-passed food stamp reform bill
would increase rather than decrease future program expenditures.
The Department of Agriculture estimates that approval of
S. 3136 would result in a cost increase of $328.8 million
annually. The House Committee on Agriculture reported
H.R. 13613, introduced by Congressman Foley, on August 10,
1976 The Department estimates that approval of H.R. 13613
would save $393.8 million annually. No action is currently
scheduled on this measure. However, the Congressional
Relations staff believes the Democrats in both Houses
will pass a Food Stamp bill in the final days of this session
and challenge the President to veto it.
ADMINISTRATIVE REFORM
On February 20, 1976, the President indicated that he could
no longer wait for Congressional action, and directed
Secretary Butz to issue regulations which would set in
motion the reforms needed to eliminate abuses, control costs
and concentrate benefits on those truly in need. USDA
published the final regulation changes on May 7, 1976,
which were scheduled for implementation on June 1, 1976.
On May 26, 1976, however, the Food Research and Action
Center (FRAC) joined with 26 States, several cities and
U.S. Conference of Mayors, 73 food stamp households and over
100 civic, labor, religious and community organizations,
in bringing suit to block implementation of the regulations.
On May 28, 1976, the U.S. District Court issued a temporary
order restraining the implementation of the amendments to
the food stamp regulations. This was followed by a pre-
liminary injunction on June 18, 1976, forbidding the Ad-
ministration to make administrative reforms. Justice and
USDA did file a Motion to dismiss the preliminary injunction
or change it to a permanent one so that the judicial process
could be consolidated. This Motion was denied on July 30,
1976. Justice and USDA filed a Notice of Appeal on the
preliminary injunction on August 17, 1976. It normally
requires about four months for the process of filing of
briefs and responses by both sides before the Court of Appeals
can set a hearing date. Therefore, it is likely that a ruling
will not be handed down until after the first of the year.
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program reforms, but as yet no substantive reforms have been
enacted.
Presidential Documents
Vol. 12, No. 28, p. 1137
Final Senate action on food stamp reform legislation on
April 8, 1976, resulted in the adoption of only a few minor
pieces of the President's reform package. All of the major
pieces of reform legislation were either deleted or signi-
ficantly altered. The Senate-passed food stamp reform bill
would increase rather than decrease future program expenditures.
The Department of Agriculture estimates that approval of
S. 3136 would result in a cost increase of $328.8 million
annually. The House Committee on Agriculture reported
H.R. 13613, introduced by Congressman Foley, on August 10,
1976 The Department estimates that approval of H.R. 13613
would save $393.8 million annually. No action is currently
scheduled on this measure. However, the Congressional
Relations staff believes the Democrats in both Houses
will pass a Food Stamp bill in the final days of this session
and challenge the President to veto it.
ADMINISTRATIVE REFORM
On February 20, 1976, the President indicated that he could
no longer wait for Congressional action, and directed
Secretary Butz to issue regulations which would set in
motion the reforms needed to eliminate abuses, control costs
and concentrate benefits on those truly in need. USDA
published the final regulation changes on May 7, 1976,
which were scheduled for implementation on June 1, 1976.
On May 26, 1976, however, the Food Research and Action
Center (FRAC) joined with 26 States, several cities and
U.S. Conference of Mayors, 73 food stamp households and over
100 civic, labor, religious and community organizations,
in bringing suit to block implementation of the regulations.
On May 28, 1976, the U.S. District Court issued a temporary
order restraining the implementation of the amendments to
the food stamp regulations. This was followed by a pre-
liminary injunction on June 18, 1976, forbidding the Ad-
ministration to make administrative reforms. Justice and
USDA did file a Motion to dismiss the preliminary injunction
or change it to a permanent one so that the judicial process
could be consolidated. This Motion was denied on July 30,
1976. Justice and USDA filed a Notice of Appeal on the
preliminary injunction on August 17, 1976. It normally
requires about four months for the process of filing of
briefs and responses by both sides before the Court of Appeals
can set a hearing date. Therefore, it is likely that a ruling
will not be handed down until after the first of the year.
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ISSUE: Health Care Costs
Administration Position
On January 19, 1976 in his State of the Union address the
President expressed his concern about rising health care
costs. He said, "Hospital and medical services in America
are among the world's best but the cost of a serious and
extended illness can quickly wipe out a family's lifetime
savings. Increasing health costs are of deep concern to
all and a powerful force pushing up the cost of living. The
burden of a catastrophic illness can be borne by very few
in our society. We must eliminate this fear from every
family."
Presidential Documents
Vol. 12, No. 4, p. 47
The Nation's health care system continues to be one of the
more inflationary sectors of the economy. Hospital costs
have risen by more than 200 percent since 1965 (from $40/day
to $128/day), and physicians' fees have risen more than
85% in the same period. Both rates of increase are significantly
higher than the corresponding increases in the consumer price
index.
The President supports HEW efforts to constrain health costs
such as encouragement of health maintenance organizations and
prospective rate reimbursement.
Administration Action
On February 10, 1976 the Medicare Improvements of 1976 proposal
was sent to the Congress. This is the catastrophic health
proposal for all persons covered by Medicare that the President
recommended in his State of the Union address.
Under this proposal annual Medicare reimbursement increases
would be limited to 7% for hospital costs and 4% for physicians'
service charges in 1977 and 1978.
The President also proposed legislation on February 25, 1976
to improve the efficiency and equity of health services to the
poor by consolidating 15 Federal health programs including
Medicaid, into one $10 billion block grant to States. The
Financial Assistance for Health Care Act is designed to achieve
the following objectives: 1) increase State and local control
over health spending, 2) achieve a more equitable distribution
of Federal health dollars among States, 3) restrain the growth
of Federal spending and the Federal bureaucracy. This proposal
is expected to save money by reducing the administrative burden
and reporting requirements between States and the Federal
Government.
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ISSUE: Malpractice
Administration Position
On March 6, 1976, the President said, "Anyplace you go, the
cost of malpractice insurance has risen 300, 400, 500 percent.
The net result is that the doctors of this country are faced
with buying the insurance with the necessity of added costs
in health care throughout the United States. These matters
have generally been handled at the State level, and I think
properly SO. But, if these circumstances expand, become more
acute, more serious, reaching near disaster proportions, I
think the Federal Government would be neglectful of its respon-
sibilities if we did not in some way first study the problem,
and if there is a Federal answer, submit it across the country.
I don't think we are at that point at this time, but it is
something that certainly ought to be analyzed by the proper
authorities in Washington, and it will be."
Presidential Documents
Vol. 12, No. 11, p. 357
On March 12, 1976, the President said, "the malpractice problem
is not limited to the State of California, although it was made
much more dramatic there by the action that some or a good many
doctors took in the State of California. It is a problem in
virtually every State caused primarily by the very substantial
increase in malpractice insurance and premiums that result from
the very high claims that have been allowed by our court system.
I would prefer that the issue be solved in this limited area at
the State level, but if we are going to have what happened in
California repeated in 49 other States, I think we may have to
take a very hard look at some solution in that limited area on
the national level. We have some people that are now analyzing
that situation. But I don't think that problem in and of
itself should dictate that we should have national health
insurance with the Federal Government being the dictator as to
what the doctors ought to do and how they ought to be paid
I have in the past felt that we could broaden the utilization of
our private coverage firms with the Federal Government partici-
pating, but the coverage for broader health insurance would come
from the utilization of our private health insurers.
Presidential Documents
Vol. 12, No. 12, p. 395
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ISSUE: National Health Insurance
Administration Position
The President recognizes the importance of good health and feels
that all Americans should have access to quality health care. On
September 4, 1975, the President said: "I had, when I was in the
Congress, advocated a program that
would use the private
sector and not a monopolistic Federal Government program.
(that) would improve our health care facilities and institutions.
But it would have imposed
new budget problems on the
Federal Government. In my opinion, because of the deficit that
we faced and the need to control fiscal deficits, that we couldn't
-- at least for fiscal 1976 -- endorse or support what I had
supported when I was a member of thr House of Representatives.
Presidential Documents
Vol. 11, No. 36, p. 949
On January 19, 1976, the President said in the State of the
Union address, "We cannot realistically afford Federally dictated
national health insurance providing full coverage for all 215
million Americans. The experience of other countries raises
questions about the quality as well as the cost of such plans.
But I do envision the day when we may use the private health
insurance system to offer more middle income families high
quality health services at prices they can afford and shield
them also from catastrophic illnesses."
Presidential Documents
Vol. 12, No. 4, p. 48
On February 13, 1976 in Fort Lauderdale, Florida the President
responded to a question on national health insurance from the
public by saying, "I did not recommend a Government sponsored
national health insurance program.
I don't think that a
national Government sponsored health insurance program has worked
very well as far as the patient is concerned in any country where
it has been tried, and that is particularly true in Great Britain
and several other countries, so I don't think it is the best way
to improve health care
(Also), it would be very expensive,
and I don't think we could afford it. But, the principal reason
I am opposed to it is that it has not worked, and I don't think
it will work. Secondly, the cost would be substantial, and the
Federal budget could not afford it at the present time."
Presidential Documents
Vol. 12, No. 8, p. 203
Administration Action
The President has asked OMB and the Domestic Council to review
various courses of action.
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ISSUE: Nursing Homes and Long Term Care
Administration Position
While the President believes the basic responsibility for
certifying institutions providing long term care rests with
the States, he is determined that no Federal funds should be
spent in any unsafe nursing home receiving Federal funds.
He supports the Department of Health, Education, and Welfare's
improvement campaign to upgrade the quality of care provided.
The President stated on July 24, 1975: "The Department of
Health, Education, and Welfare has set high standards of
nursing home care and safety that must be met by nursing
homes partcipating in the Medicare and Medicaid programs.
The enforcement of these standards is one of my Adminis-
tration's highest priorities."
Presidential Documents
Vol. 11, No. 30, p. 774
On January 19, 1976 in his State of the Union address the
President expressed his concern about the effect of the cost
of long term care on families. He said, "Hospital and
medical services in America are among the world's best but
the cost of a serious and extended illness can quickly wipe
out a family's lifetime savings. Increasing health costs
are of deep concern to all and a powerful force pushing up
the cost of living."
Presidential Documents
Vol. 12, No. 4, p. 47
On April 29, 1976, addressing the Texas Nursing Home Association
in Houston, the President said about HEW's proposed regulations
on reimbursement for nursing homes: "I know that your
organization has raised a good many questions about HEW's
1972 regulations. I am sure you are not the only organization,
because I am informed that other State organizations comparable
to you have done likewise.
It does appear to me --- and I have talked to the Secretary of
HEW about it -- that there is an overzealous interference
attempted by those regulations, and I hope we can do something
affirmatively to change them."
Presidential Documents
Vol. 12, No. 18, p. 749
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Administration Action
In his State of the Union address on January 19, 1976 the
President proposed catastrophic health insurance for everybody
covered by Medicare. The President said, "the burden of a
catastrophic illness can be borne by very few in our society.
We must eliminate this fear from every family.
To finance
this added protection, fees for short-term care will go up
somewhat, but nobody after reaching age 65 will have to pay
more than $500 a year for covered hospital or nursing home
care nor more than $250 for one year's doctors' bills."
Presidential Documents
Vol. 12, No. 4, p. 47
This legislation, the Medicare Improvements of 1976, was sent
to the Congress on February 10, 1976.
In the message accompanying the Medicare Improvements of 1976
the President spoke of the development of an ombudsman program
for persons in nursing homes: "Five percent of our older
men and women require the assistance provided by skilled
nursing homes and other long term care facilities. To assist
these citizens, an ombudsman process, related solely to the
persons in these facilities, is being put into operation by
the National Network on Aging. We believe that this program
will help to resolve individual complaints, facilitate impor-
tant citizen involvement in the vigorous enforcement of
Federal State and local laws designed to improve health and
safety standards, and to improve the quality of care in these
facilities."
Presidential Documents
Vol. 12, No. 7, p. 170
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ISSUE: Nursing Manpower
Administration Position
On April 28, 1976, in Houston in answer to a question on
funding for the Nurse Training Act, the President said:
"About six or eight years ago
.a nurses training program
was established with certain Federal funding to help and assist
local hospitals or nurses homes or nurses training facilities.
"It seems to me as I recollect the facts that that aid program
has very substantially met the need and the demand for nurses,
except for those that require a certain specialty. A good
many of the facilities for nurses training have been con-
structed. Most of the basic nurses training programs have
been put on a financially sound basis with local, State and
Federal assistance.
"The area that seems to need the greatest help from the Federal
Government's point of view is in the specialty area, and in
that area my view as of now would be to support that kind
of assistance in the future."
Presidential Documents
Vol. 12, No. 18, p. 739
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ISSUE:
Rural Health Care
Administration Position
On April 3, 1976, in response to a question on what the
President proposed for rural health care needs, he said, "In
the first place, in the last five years there has been a
tremendous increase in medical school education facilities
We are expanding our medical schools. We have many, many
more doctors being trained all over the country. We have a
number of new medical schools. So the support of doctors
will increase.
The problem is how to get them out into the rural communities.
I am told that more and more of [the medical students]
are indicating that they want to move to our small towns and
into rural America. That is one trend that I think will help
solve the problem
But the other problem of how to get our Federal Funds for health
care properly distributed -- I recommended a change from the 26
categorical grant programs that we now have in the Federal
Government for health care in one block grant program.'
Presidential Documents
ISSUE: Social Security
Administration Position
The Social Security system is a sound, successful program
which will continue to provide Americans with income resources
when they retire. However, there is a need to preserve the
financial integrity of Social Security by increasing payroll
contributions to the system and eliminating a "flaw" in the
current law's benefit formula which overcompensates for
inflation.
The President's message to the Congress on Social Security,
June 17, 1976, summarized his position:
I am today submitting to the Congress a legislative proposal
that will correct a serious flaw in the Social Security system.
This proposal is one of three components of my 1977 budget and
legislative program intended to insure a secure and viable
Social Security system. My strong personal commitment to
Social Security embraces both a genuine concern for the 32
million persons who currently depend on Social Security bene-
fits for income, and an unyielding dedication to protect the
financial integrity of the system for the millions of workers
who will depend on it in the future.
My program to insure the integrity of the Social Security
system, as outlined in January of this year, includes:
First, a full cost-of-living increase (6.4%) for
all beneficiaries, scheduled to take effect in
checks sent out in July of this year.
Second, an increase in Social Security payroll
contributions by three-tenths of one percent for
both employees and employers. This increase
would remedy the immediate, short-term financing
problem facing Social Security. It would stop
the drain on the trust funds -- which are now
expected to pay out about $4 billion more in
benefits each year than they take in. This cor-
rection would cost no employee more than $1 per
week in additional contributions. (Proposal
sent to Congress on February 10, 1976.)
Third, legislation to correct a serious flaw in
the Social Security benefit structure which, if
left unchanged, would undermine the principles
of Social Security and create severe long-range
financial pressures on the system. My proposal
would eliminate this flaw and be a major step
towards resolving the long-range financial prob-
lem. It would help stabilize the system and
permit sufficient time for careful and thorough
analysis of the remaining future financial
pressures.
The proposal I am submitting today corrects an
inadequate method of adjusting benefit payments which, over
time, could mean that many new retirees would receive Social
Security benefits in excess of the highest earnings they
ever received. Such a result was never intended and is
clearly undesirable, both from the standpoint of the indi-
vidual and the excessive costs to the system.
The correction of the flaw will be a major step toward
bringing the system back into financial balance over the
long-term (it eliminates about half the projected long-range
deficit). But it is not the complete solution and we should
not pretend that it is. The Social Security Trustees esti-
mate that even with this legislation, sizeable long-term
financial pressures remain.
There is sufficient time, however, to analyze this situation
and to correct it. If action is taken promptly on my pro-
posals the system will not be in jeopardy. But this should
not delay our efforts to identify the further steps needed
to protect the system's permanent financial integrity. Over
the next few years I intend to work with the Congress in
resolving these problems.
Presidential Documents
In defense of increasing the rate of payroll contributions
to offset the current financial drain on Social Security,
the President has said:
there are three or four alternatives. You can start
tapping the general fund, which I oppose. You can raise
the wage ceiling which some propose. I don't think that is
the best answer.
the Congress in an election year has rejected that
proposal, but that is only putting off the inevitable. They
have got to find an answer under our current beneficiary
formula. It is inevitable, something has to be done.
I thought we ought to face up to it this year even though it
is an election year, and I regret that the Congress is not
facing up to it. That is the honest and realistic thing to
do.
Presidential Documents
Vol. 12, No. 12, p. 403
Also, "
the argument is often made that that is a very
regressive tax, and it can be argued that, but that is only
half of the argument. Because when the benefits are paid
after the person retires, that regressiveness is reversed.
The beneficiaries in the lower income spectrum get more than
the people who are in the higher income area. So although
they pay more, they in turn on retirement get more. So I
think it is the best solution."
Presidential Documents
Vol. 12, No. 12, p. 394
6/22/76
ISSUE: Spinal Cord Injury
Administration Position
The President is aware of the great need for research and
advancement in the field of central nervous system regenera-
tion as well as the extraordinary financial burdens that
such injuries place on both victims and their families.
The President stated on April 10, 1976: "I can assure you
that whatever funds the VA or the National Institute of
Health or any other agency of the Federal Government can
come up with a program, there will be no hesitancy as far
as I am concerned in recommending the funds they request."
Presidential Documents
Vol. 12, No. 16, p. 641
The President stated on May 21, 1976 that this country needs
to "renew its commitment to basic research on disorders of
the nervous system so that the millions of disabled with
such problems as spinal cord injury, epilepsy, stroke, cerebral
palsy, and multiple sclerosis can have a good life again."
Presidential Meeting with
Roger Frank -- 5/21/76
The President stated on May 22, 1976: "We had gotten the
Veterans Administration, where many of these cases are
treated, more money and we are putting a greater emphasis
on that program in the VA. I hope we can broaden our efforts.
We will do all we can funding-wise, and otherwise to help in
the kind of a case you mention."
Presidential Documents
Vol. 12, No. 22, p. 924
SCM
7/23/76
ISSUE: Swine-type influenza
Administration Position
On March 24, 1976, the President announced his plans for a
nationwide immunization program against a swine-type
strain of influenza. This virus was of great concern
within the medical community because it is similar to
the one that caused a worldwide deadly flu epidemic in
1918-19 in which 548,000 Americans died as well as
20 million around the world. The President said,
"I have consulted with members of my Administration,
Secretary Mathews and Dr. Cooper and leading members
of the health community and public officials about the
implications of this new appearance of swine flu. I
have been advised that
unless we take effective
counteraction, there could be an epidemic of this
dangerous disease
Let me state clearly at this time
no one knows exactly how serious this threat could be.
Nevertheless, we cannot afford to take a chance with
the health of our nation.'
Presidential Documents
Vol. 12, No. 13, p. 484
Administration Action
On March 25, 1976, the President asked the Congress for
a special appropriation of $135 million prior to their
April recess to ensure the production and distribution
of sufficient vaccine. "The facts that have been pre-
sented to me in the last few days have come from many
of the best medical authorities in this country
The
facts do suggest
that there is a need for action now
Extraordinary measures are necessary because of the
short time period available to assure adequate vaccine
production and to mobilize the nation's health care delivery
system.
I urge the Congress to act immediately to pass
this special supplemental appropriation separately."
Presidential Documents
Vol. 12, No. 13, pp. 484-85
On April 1, 1976, the President issued a memorandum for
the heads of the departments and agencies to assure the
completion of the nationwide influenza immunization
program in an appropriate, orderly, and timely manner.
He said, "The Secretary of Health, Education and Welfare,
David Mathews, will take the lead in this effort, but it
is essential that all federal department and agency heads
give him their full cooperation in carrying out this
2
program." The President indicated national influenza
immunization plan objectives: testing and production
of sufficient quantities of vaccine to immunize the entire
population; encouraging the nation's health professionals
to fully support the program; ensuring public awareness
for the necessity of inoculation against this type of
influenza; the efficient and timely distribution of the
vaccine, medical supplies and equipment throughout the
country; and ongoing surveillance to determine any
disease trends and additional efforts. The President stated,
"Our goal is to ensure that the flu vaccine is available
at public health facilities, hospitals, schools, and
physicians' offices throughout the country and that a
maximum number of Americans avail themselves of it."
Presidential Documents
Vol.12, No.14, p.525
The legal problem of indemnifying vaccine manufacturers
against claims for injuries arising out of the government's
program initiated the need for hearings before the Rogers'
Subcommittee on Interstate and Foreign Commerce on June 28,
regarding the Administration's proposed legislation. The
Subcommittee failed to take legislative action to indemnify
manufacturers of the vaccine and advised that the legal
concerns of manufacturers be resolved by agreement and
contract. The President met with Secretary Mathews and
Assistant Secretary Cooper on July 9 to discuss the effects
of this continuing legal problem. Program justification
was reemphasized and the President stated at a news
conference on July 19, "We are going to find a way, either
with or without the help of Congress to carry out their
program that is absolutely essential, a program that was
recommended to me unanimously by 25 or 30 of the top
medical people in this particular field. So we are going
to find a way, and I think we will eventually do it, and
I expect the full cooperation of the industry and all
other parties involved."
Presidential Documents
Vol. , No. , p.
SCJ
7/21/76
- 3 -
On July 23, 1976, the President sent a letter to Congressman
Paul Rogers, Chairman of the Subcommittee on Interstate
and Foreign Commerce addressing the problem of indemnifying
vaccine manufacturers. The President urged Congressman Rogers
to act immediately on his legislative proposal that would
enable the government to assume a proper share of risks
resulting from the program, but not those resulting from
negligence of the manufacturer. "We cannot accept the fact
that the health of all Americans can be placed in jeopardy
by a failure to take action on this important legislation."
Presidential Documents
Vol. 12, No. 30, p. 1204
On August 4, 1976, the President sent a letter to the Speaker
of the House of Representatives and Senator Mike Mansfield
urging them to enact the indemnity legislation needed to
ensure. that the swine flu program move ahead swiftly.
"The threat of swine flu is genuine. Data from both the
scientific and medical communities support the need for
an inoculation program. Clinical tests conducted to date
show that the vaccine is both safe and effective. There
is no excuse now to let this program -- a program that
could affect the lives of many, many Americans -- be delayed
any longer."
Presidential Documents
Vol. 12, No. 32, p. 1244
The President signed S. 3735, the "National Swine Flu
Immunization Program of 1976" into law on August 12, 1976.
The legislation will permit the Federal Government to assure
appropriate liability protection for those manufacturing,
distributing and administering the vaccine and will provide
a claims procedure for persons who might be injured. The
President stated, "I strongly reaffirm my commitment to this
program and I have directed the Secretary of HEW to move
as expeditiously as possible to insure that we keep our
original commitment of making this vaccine available to
all Americans."
Presidential Documents
Vol. 12, No. 33, p. 1257
SCJ
9/3/76
- 4 -
The National Influenza Immunization Program (NIIP) began
operation on October 1, 1976 following the shipment of
25.1 million doses of swine flu vaccine to the states
and territories. The Program was interrupted briefly by
reports of deaths which occurred after individuals
received the vaccination. Thorough investigation by the
CDC confirmed that the deaths were coincidental and were
in no way related to the injection itself.
SCJ
10/18/76
Issue: Welfare Reform
Administration Position
There is a need for a rationalization of our current
collection of programs designed to assist the poor. In
an era when we have come face to face with the fact that
government's resources are limited we must find a simpler
more responsive and accountable means of helping those in
need.
In his State of the Union address on January 19, 1976 the
President said about welfare that " government at all
levels is not doing the job well. Too many of our welfare
programs are inequitable and invite abuse. Worse, we are
wasting badly needed resources without reaching many of the
truly needy. Complex welfare programs cannot be reformed
overnight. Surely we cannot simply dump welfare into the
laps of the 50 States, their local taxpayers or private
charities, and just walk away from it. Nor is it the right
time for massive and sweeping changes while we are still
recovering from a recession. Nevertheless, there are still
plenty of improvements we can make."
Presidential Documents
Vol. 12, No. 4, p. 48-49
On May 3, 1976 in Birmingham, Alabama the President said:
"I have never believed that a guaranteed annual income was
the answer to any of our problems. But, that doesn't mean
under any circumstances that I am in agreement with our
present welfare program. When you add up all of the welfare
programs we have, including food stamps, I think it is a mess
and something has to be done about it.
Presidential Documents
Vol. 12, No. 19, p.816
Administration Action
In his State of the Union address on January 19, 1976 the
President said "I will ask Congress for Presidential authority
to tighten up rules for eligibility and benefits."
Presidential Documents
Vol. 12, No. 4, p. 49
The President will submit later this year the "Income
Assistance Simplification Act," legislation granting him
authority to adjust various income assistance programs to
make these programs more consistent, equitable and efficient.
All changes proposed under this authority would be subject
to review and disapproval by the Congress.
- 2 -
The proposed Income Assistance Simplification Act will include:
-- Program Coverage. Authority will be sought only
for modifications to Federal and Federally assisted
means-tested programs which provide benefits to
individuals in cash or "in kind", e.g. Food Stamps,
AFDC, and SSI.
-- Scope of Authority. The Act would give the President
authority to modify administrative procedures,
eligibility requirements, benefit levels, and program
administration authority.
-- Congressional Control. The Act would preserve
Congressional authority over all proposed modifica-
tions since the Congress would have an opportunity for
review and disapproval.
-- Duration of Authority. Five years.
On April 30, 1976 in Lubbock, Texas the President said:
"We are in the process right now, at the highest level in
HEW and other affected agencies, trying to decide whether you
can really sufficiently imporve a hodge-podge program or
whether you ought to go to something like a family assistance
program.
"After the end of this study -- which probably will be
completed the latter part of December -- we will make a
decision. But at the moment I don't want to pre-judge exactly
what our approach ought to be.
"I can assure you that we are going to try to put the
emphasis, number one, on helping those who are in need,
period. Number two, we are going to try and have a work
incentive part of the program, which I think is basically
sound. We are going to, if we could, consolidate the many
programs that we have that, really, I think, don't help
the beneficiary but actually frustrate the beneficiary.
"So those are some of the guidelines that we are trying to
use in making a final determination.
Presidential Documents
Vol. 12, No. 18, p. 777
SCM
5/24/76
JUSTICE, CRIME, CIVIL
RIGHTS AND
COMMUNICATION
ISSUE: AFFIRMATIVE ACTION
Administration Position
President Ford is deeply and personally committed to the
goal of eliminating discrimination in employment in both
the public and private sectors. He has said:
"Our Nation's strength is based upon the concept of
equal opportunity for all our citizens. Decisions
motivated by factors not related to the requirements
of the job have no place in the employment system of
any employer and particularly the Federal Government.
"But more is required than non-discrimination and pro-
hibition of discriminatory practices. What is needed
are strong affirmative actions to assure that all
persons have an opportunity to compete on a fair and
equal basis for employment and advancement in the
Federal Government
Such actions are under way
in the Federal Government. They must be continued
and expanded.
"Moreover, men and women of all racial and ethnic
backgrounds must be assured a fair opportunity to
serve in positions where they can make a maximum
contribution and participate in the decision-making
process."
Memorandum for Heads of Departments
and Agencies, March 6, 1975.
Presidential Documents
Vol. 11, No. 10, p. 244
The President believes the concept of affirmative action is a
moral and political imperative at the Federal level. However,
the President is convinced that the use of inflexible,
mechanical means of achieving equality of opportunity -- such
as quotas -- is inappropriate and, in the long run, detrimental
to the overall effort. Rather, he believes that methods must
be developed which, while promoting equal opportunity, do not
place unreasonable burdens on Federal contractors.
Administration Actions
The President has directed Secretaries Coleman, Dunlop and
Mathews and Attorney General Levi to review existing Federal
Affirmative Action Programs and to make recommendations as
to how the programs can be made to work more effectively
without placing unreasonable burdens on Federal contra ctors.
RDP
1-22-76
ISSUE: American Citizens in Mexican Jails
Administration Position
During a news conference on April 10, 1976, held at
Dallas, Texas, President Ford said:
"We, of course, expect every foreign government to
work with us in the protection of the rights of
American citizens. We have, through the proper
channels in this case, indicated our deep concern
for the protection of the rights of American
citizens in Mexico.
"On the other hand, we repeatedly tell Americans
who go to other countries that they have to live
up to the laws of those countries. It's a two-way
street. We don't condone violence in this country
in violation of our laws, and I don't think we should
condone violence in other countries in violation of
their laws.
"But I can assure you, that through proper channels,
we have indicated very strongly that the legitimate
rights of all Americans in those countries should be
fully protected. And we will continue that policy."
Presidential Documents
Vol. 12, No. 16, p. 624
Administration Actions
The Department of State, through its Consular Section,
attempts to assure that the rights of any American citizen
arrested abroad are adequately protected and that legal
representation is made available. Further, in the case of
Mexico, high-level discussions have been undertaken to
insure that the President's views on this subject are
known and understood by the Mexican Government.
RDP
5-4-76
ISSUE: ANTITRUST
Administration Position
In signing the "Antitrust Improvements Act of 1976," President
Ford said:
"I am proud of my Administration's record of commitment
to antitrust enforcement. Antitrust laws provide an
important means of achieving fair competition. Our
nation has become the economic ideal of the free world
because of the vigorous competition permitted by the
free enterprise system. Competition rewards the
efficient and innovative business and penalizes the
inefficient.
"Consumers benefit in a freely competitive market by
having the opportunity to choose from a wide range of
products. Through their decisions in the marketplace,
consumers indicate their preferences to businessmen,
who translate those preferences into the best products
at the lowest prices.
"The Federal Government must play two important roles in
protecting and advancing the cause of free competition.
"First, the policy of my Administration has been to
vigorously enforce our antitrust laws through the Anti-
trust Division of the Department of Justice and the
Federal Trade Commission. During an inflationary period,
this has been particularly important in deterring price-
fixing agreements that would result in higher costs to
consumers.
"Second, my Administration has been the first one in
forty years to recognize an additional way the Federal
Government vitally affects the environment for business
competition. Not only must the Federal Government seek
to restrain private anti-competitive conduct, but our
Government must also see to it that its own actions do
not impede free and open competition. All to often in
the past, the Government has itself been a major source
of unnecessary restraints on competition.
"Individual initiative and market competition must
remain the keystones to our American economy. I am
today signing this antitrust legislation with the
expectation that it will contribute to our competitive
economy.'
Presidential Documents
Vol. 12, No. 40, pps. 1423-4
2
Administration Actions
Under President Ford, important progress has been made both
in strengthening antitrust enforcement and in reforming
government economic regulation.
In the last two years, the Federal antitrust enforcement
agencies have been strengthened substantially. The resources
for the Antitrust Division and the Federal Trade Commission's
Bureau of Competition have been increased by over 50 per cent
since Fiscal Year 1975. For the Antitrust Division, this has
been the first real manpower increase since 1950.
The cause of vigorous antitrust enforcement was aided sub-
stantially when the President signed the Antitrust Procedures
and Penalties Act of 1974, making violation of the Sherman Act
a felony punishable by imprisonment of up to three years for
individuals, and by a corporate fine of up to $1 million.
Also, in December 1975, the President signed legislation repealing
Fair Trade enabling legislation. This action alone, according
to various estimates, will save consumers $2 billion annually.
On the second front of reducing regulatory actions that inhibit
competition, the President signed the Securities Act Amendments
of 1975 and the Railroad Revitalization and Regulatory Reform
Act, which will inject strong doses of competition into
industries that long rested comfortably in the shade of federal
economic regulation. The Administration has also sponsored
important legislative initiatives to reduce the regulation of
other modes of transportation and of financial institutions.
Finally, on September 30, 1976, the President signed into law
the important Antitrust Improvements Act of 1976, enhancing the
investigatory powers of the Antitrust Division, requiring advance
notification of the Antitrust Division and the Federal Trade
Commission of significant corporate mergers and permitting State
Attorneys General to commence antitrust suits on behalf of the
citizens of their States.
RDP
10-19-76
ISSUE: BUSING
Administration Position
President Ford has, on a number of occasions, made it clear
that it is his intention as Chief Executive of the United
States to see that the laws are faithfully executed, including
court orders relating to school desegregation. He has also
stated, however, that it is his personal view that there is a
better way to achieve quality education for all American
youngsters than through court-ordered busing to achieve racial
balance.
In submitting a special message to the Congress on the busing
issue, the President said:
"To many Americans busing appears the only way to
achieve the equal educational opportunities so long
denied them. To many other Americans busing appears
to restrict their individual freedom to choose the best
school for their children to attend.
"It is my responsibility and the responsibility of the
Congress to seek a solution to this problem --- a solution
true to our common beliefs in civil rights for all
Americans, individual freedom for every American in the
best public education for our children.
"Today I am submitting to the Congress legislation
which I believe offers such a solution. I ask the Congress
to join with me in establishing the guidelines for the
lower Federal courts to follow. Busing as a remedy ought
to be the last resort and it ought to be limited in duration
and in scope to correcting the effects of previous violations.
These legislative guidelines are drawn within the framework
of the Constitution.
"I believe every American community should desegregate on
a voluntary basis. Therefore, I am proposing the establish-
ment of a committee composed of citizens who have had
community experience in school desegregation and who are
willing to assist other communities in voluntarily
desegregating their schools.
"Citizens groups I have consulted on both sides of the
busing issue have told me such a committee would be a
welcome resource to communities which face up to the
issue honestly, voluntarily and in the best spirit of
American democracy.
2
"Concern has been expressed that by submitting this
bill at this time we risk encouraging those who are
resisting court-ordered desegregation sometimes to the
point of violence. Let me state here and now that this
Administration will not tolerate unlawful segregation.
We will act swiftly and effectively against anyone who
engages in violence. This Administration will do
whatever it must to preserve order and to protect
the constitutional rights of our citizens.
"The purpose of submitting this legislation now is to
place the debate on this controversial issue in the
halls of the Congress, a responsible and orderly debate
within the Democratic process and not on the streets of
our cities.
"I will now sign the two messages -- one to the House
and one to the Senate -- which will be delivered today
along with the proposed legislation."
Presidential Documents
Vol. 12, No. 26, pps. 1079-1080
Administration Actions
On November 20, 1975, the President directed the Secretary of
Health, Education, and Welfare and the Attorney General to work
with his White House staff to develop better methods of achieving
quality education within an integrated environment for all
children.
The President also personally met with a number of individuals
from outside of government to get the broadest possible perspective
on this issue.
On June 24, 1976, the President submitted to Congress his proposal,
entitled "The School Desegregation Standards and Assistance Act
of 1976. " This Act would:
1.
Require that a court in a desegregation case
determine the extent to which acts of unlawful
discrimination have caused a greater degree of
racial concentration in a school or school
system than would have existed in the absence
of such acts.
2.
Require that busing and other remedies in school
desegregation cases be limited to eliminating
the degree of student racial concentration caused
by proven unlawful acts of discrimination.
3
3.
Require that the utilization of court-ordered
busing as a remedy be limited to a specific
period of time consistent with the legislation's
intent that it be an interim and transitional
remedy. In general, this period of time will be
no longer than five years where there has been
compliance with the court order.
4.
Establish a National Community and Education
Committee which will assist, encourage and
facilitate community involvement in the school
desegregation process. This Committee will be
composed of citizens from a wide range of
occupations and backgrounds, with particular
emphasis on individuals who have had personal
experience in school desegregation activities.
Committee members will assist on request
communities which are, or will be, engaged
in the desegregation of their schools by
sharing ideas and recommendations for
anticipating and resolving conflicts.
In addition to providing advice and technical
assistance, the Committee will be authorized
to provide grants to community groups for the
development of constructive local participation
that will facilitate the desegregation process.
The Committee will be composed of not less than
50 nor more than 100 members. Ten of those,
appointed by the President for fixed terms,
will serve as an Executive Committee and will
appoint the balance of the Committee.
RDP
7-8-76
ISSUE: CRIME
Administration Position
The President has identified crime as a major domestic
concern and he has addressed himself to the issue on
numerous occasions.
Most recently, in a speech before the International
Association of Chiefs of Police, he said:
"In my crime message to the Congress, I called for a
comprehensive Federal Criminal Code to serve as a
model for State and local Governments. I called for
mandatory minimum sentences for certain Federal crimes
and for violent repeat offenders.
"I called for legislation increasing the number of
Federal judges.
"I called for the compensation of the victims of
Federal crime.
"The Congress has done nothing. Too many politicians
today are underestimating the public concern about
crime. Just as the police identify career criminals,
American voters will examine their ballots in November
and identify those candidates who have demonstrated
indifference or permissiveness toward crime, and they
should.
"I serve notice today that a top priority of the first
100 days, beginning with Inauguration Day for the
Ford Administration next January, will be the rallying
of America behind Federal anti-crime legislation.
"I ask every police chief in America and every
citizen to join in that crusade."
President's Remarks before
International Association of Chiefs
of Police, Miami, 9-27-76
Presidential Documents
Vol. 12, No. 40, p.
2
In his State of the Union Message of January 19, 1976,
the President said:
"Protecting the life and property of the citizen at home is
the responsibility of all public officials but is primarily
the job of local and State law enforcement authorities.
"Americans have always found the very thought of a Federal
police force repugnant and so do I. But there are proper
ways in which we can help to ensure domestic tranquility
as the Constitution charges us.
* * *
"As President I pledge the strict enforcement of Federal
laws and -- by example, support, and leadership -- to help
State and local authorities enforce their laws. Together
we must protect the victims of crime and ensure domestic
tranquility."
Presidential Documents
Vol. 12, No. 4, p. 49
The President, in a special message to the Congress on
crime on June 19, 1975, set forth a program for dealing
with this issue at the Federal level.
Presidential Documents
Vol. 11, No. 25, pp. 652-661
Administration Actions
In the crime message, the President recommended, among other
things: modification of the proposed Criminal Justice Reform
Act of 1975 to impose mandatory minimum sentences for violent
criminal offenders; the enactment of effective handgun controls;
and the extension of the Law Enforcement Assistance Adminis-
tration through 1981. Legislation implementing each of these
recommendations has been submitted to the Congress by the
Administration. The President's crime message is summarized
below.
While acknowledging that the Federal role in the fight against
crime is a limited one, the President sets forth three important
responsibilities of the Federal government in this vital area:
Providing leadership to State and local governments
by improving the quality of Federal laws and the
criminal justice system.
Enacting and vigorously enforcing laws covering
criminal conduct that cannot be adequately regulated
at the State or local level.
Providing financial and technical assistance to
State and local governments and law enforcement
agencies, and thereby enhancing their ability to
enforce the law.
-3-
I. PROVIDING FEDERAL LEADERSHIP
A. Improving the Quality of Federal Laws
Noting that Federal criminal laws should be a model
upon which State and local governments can pattern
their own laws, the President recommends to the Congress
the enactment of a comprehensive criminal code.
In codifying the Federal criminal law, the President
recommends that criminal fines be increased from a
maximum of $10,000 to a maximum of $100,000 if the
defendant is an individual, and $500,000 if the
defendant is an organization.
The President also recommends the enactment of
mandatory minimum sentences for persons who:
(1) commit Federal offenses involving the use
of a dangerous weapon,
(2) commit such extraordinarily serious offenses
as aircraft hijacking, kidnapping and
trafficking in hard drugs, and
(3) are repeat offenders who commit Federal crimes
that cause or have the potential to cause per-
sonal injury to others. Limited exceptions to
the imposition of mandatory minimum sentences
would be set forth in the statute.
The President recommends that Federal appeals courts
be given limited authority to review sentences imposed
by Federal trial court judges.
B. Improving the Federal Criminal Justice System
In addition to reform of the criminal law, the President
believes that we must improve the manner in which our
criminal justice system operates. In the message, he
makes numerous suggestions and recommendations designed
to improve the quality of the Federal criminal justice
system. These include:
1. Establishment of "career criminal" programs
designed to assure quick indentification and
prosecution of persons who repeatedly commit
serious offenses.
-4-
2. Continuation and expansion of programs designed
to divert certain first offenders into rehabili-
tation prior to trial.
3. Creation by the Congress of additional Federal
District Court judgeships and expansion of the
criminal jurisdiction of United States Magistrates.
4. Upgrading of prison facilities, including the
replacement of large, outdated prisons with
smaller, more modern ones.
5. Directing that the Attorney General, as Chairman
of the Cabinet Committee on Crime Prevention and
Rehabilitation, ensure that the Federal govern-
ment is making the best possible use of its
resources in the area of offender rehabilitation.
6. Enactment by the Congress of legislation to
provide limited compensation to victims of
Federal crimes who suffer personal injury.
Additionally, the President calls upon employers, including
Federal agencies, to keep open minds on the hiring of
persons formerly convicted of crimes.
II. BETTER LAWS AND ENFORCEMENT
A. The President is unalterably opposed to Federal regis-
tration of guns or gun owners. He has directed the
Attorney General to prepare legislation prohibiting
the manufacture, assembly or sale of "Saturday Night
Specials." The President also proposes to strengthen
current law so as to strike at the illegal commerce
in handguns and to emphasize the responsibility of
dealers to adhere to the law. He has also ordered
the Treasury Department's Bureau of Alcohol, Tobacco
and Firearms to double its investigative efforts in
the nation's ten largest metropolitan areas and to
immediately employ and train an additional 500 fire-
arms investigators for this priority effort.
B. The President believes there are séveral other areas in
which Federal law and enforcement can be improved to
strike at those who have made crime a business. Laws
relating to organized crime, consumer fraud, white-collar
crimes and protection of civil rights can and should be
improved.
5
C. The President also has directed the Domestic
Council to conduct a comprehensive, pirority
review of the Federal effort in the treatment
and prevention of drug abuse to ensure that
Federal programs and policies are appropriate
to meet the current and mounting threat.
III. PROVIDING FINANCIAL AND TECHNICAL ASSISTANCE
The Federal government must continue to help State
and local governments in carrying out their law
enforcement responsibilities. Therefore, the
President will submit to the Congress a bill that
will continue the Law Enforcement Assistance
Administration through 1981.
The bill will authorize $6.8 billion for the Law
Enforcement Assistance Administration to continue
its work through 1981. Further, the bill will
increase LEAA's annual funding authorization of
$1.25 billion to $1.3 billion so that additional
funds may be made available to urban areas with
high crime rates. Finally, the bill will place
additional emphasis on improving State and local
court systems.
RDP
9-30-76
ISSUE: Death Penalty
Administration Position
In his remarks at the Federal Bar Association Dinner in
Miami, Florida, the President said:
"I favor the use of the death penalty in the
Federal criminal system in accordance with proper
Constitutional standards. The death penalty in
appropriate instances should be imposed upon the
conviction of sabotage, murder, espionage and
treason. Of course, the maximum penalty should
not be applied if there is duress or impaired
mental capacity or similar extenuating circum-
stances. But in murders involving substantial
danger to the national security, or when the
defendant is a coldblooded hired killer, the use
of capital punishment is fully justified."
Presidential Documents
Vol. 12, No. 8, p. 218
Administration Action
The Department of Justice has submitted legislation to the
Congress to reinstate the death penalty as an available
sanction in these limited circumstances.
The Justice Department proposal is incorporated in S. 1,
a bill to revise, reform and recodify the Federal
criminal law, which is under active consideration in the
Senate.
RDP
3-19-76
-2-
Administration Actions
President Ford signed into law a bill increasing from
one to three years' imprisonment the penalty for criminal
violation of the Sherman Act and maximum fines from
$50,000 to $100,000 for individuals and $1 million for
corporations.
The Administration requested increased appropriations
for 83 people and approximately $3 million for the
Antitrust Division and 95 people and $3.1 million for
the Federal Trade Commission's support in increasing
the effectiveness of antitrust enforcement.
The President has also secured repeal of "Fair Trade"
laws and has proposed a narrowing of the antitrust
immunities for ICC and CAB rate bureaus and collusive
agreements.
RDP
3-19-76
ISSUE: Decriminalization of Marihuana
Administration Position
In response to an inquiry concerning his view on marihuana,
the President stated:
"There is a great controversy in the scientific
world as to whether or not the use to a substantial
degree of marihuana is good or bad for a person's
health. Until there is a higher degree of unanimity
among the scientific world that marihuana is not
harmful to the individual, I do not think we should
decriminalize marihuana.
"I think that we should do as the White House
Domestic Council review recommended, that we should
concentrate our efforts at the Federal level on hard
drugs, the trafficker and the others.
"But, I re-emphasize, I do not believe in the
decriminalization of marihuana under the present
circumstances."
Remarks of the President and
Question and Answer Session
University of New Hampshire
Durham, New Hampshire
February 8, 1976
Presidential Documents
Vol. 12, No. 7, p. 161
Administration Actions
The National Institute on Drug Abuse in the Department of
Health, Education, and Welfare has undertaken a number of
studies and experiments to determine precisely what effect
marihuana has on humans. The results of these studies and
experiments are published annually by the Secretary of HEW
in Marihuana and Health. The fifth such report was released
by the Department on February 12, 1976.
In addition to the scientific research, Federal law enforce-
ment agencies are reorienting their enforcement activities
to give priority to hard drugs.
RDP
2/12/76
ISSUE: Drug Abuse
President Ford, on April 27, 1976, addressed himself to
the problem of drug abuse in America in a special message
to the Congress. On signing the drug message, the President
said:
"For nearly a year I have been devoting increasing
attention to a problem which strikes at the very
heart of our national well-being, drug abuse. I
have initiated and then endorsed a major study of
this issue. I have met with foreign heads of state,
Members of Congress and members of my Cabinet to
express my deep concern and the need for action, and
I have publicly spoken about this as one of the most
serious and tragic problems our country faces.
"Today I am sending to the Congress a special Message
on Drug Abuse which outlines, in very frank terms,
the severity of this problem and which proposes
definitive steps which must be taken to meet the
challenge posed by the worsening drug situation.
"I am requesting the Congress to enact specific
legislation to improve our ability to put the
traffickers who sell drugs into prison. I am also
calling for a renewed commitment to a program that
balances the law enforcement effort with the pro-
visions of humane and effective treatment for drug
abusers.
"Finally, since our ability to control the supply of
illegal drugs in this country depends to a very large
degree on the interest and the capability of foreign
governments in controlling drugs which originate in or
move through their territory, I renew this government's
commitment to providing support for foreign allies in
this fight.'
Presidential Documents
Vol. 12, No. 18,
The drug message spells out a number of specific steps the
President is taking to strengthen the overall Federal drug
program and calls on the Congress to act in several areas.
Specifically, the President proposes action in the following
areas:
Strengthening Laws
Requiring minimum mandatory prison sentences for
persons convicted of high-level trafficking in
heroin and similar narcotic drugs.
Enabling judges to deny bail in the absence of
compelling circumstances if a defendant arrested
for trafficking heroin or dangerous drugs is
found (1) to have previously been convicted of a
drug felony; (2) to be presently free on parole;
(3) to be a non-resident alien; (4) to have been
arrested in possession of a false passport; or
(5) to be a fugitive or previously convicted of
being a fugitive.
Raising the value of property used to smuggle
drugs which can be seized by administrative, as
opposed to judicial, action (from $2,500 to
$10,000).
Extending the above forfeiture provision to include
cash or other personal property found in the
possession of a narcotics violator if the property
is determined to have been used (or be intended for
use) in connection with an illegal drug transaction.
Requiring masters of ships -- including pleasure
vessels -- arriving in the United States to report
immediately to Customs upon arrival, rather than
24 hours as is now required.
Expand Customs' authority to search for cash and
other monetary instruments being smuggled out of
the country.
Improving Program Management
Establishing two new Cabinet committees to provide
direction for, and coordination of, Federal drug
programs and activities. The Cabinet Committee for
Drug Law Enforcement will be chaired by the Attorney
General and will include the Secretaries of the
Treasury and Transportation. The Cabinet Committee
for Drug Abuse Prevention, Treatment and Rehabilitation
will be chaired by the Secretary of Health, Education,
and Welfare and will include the Secretaries of Defense
and Labor and the Administrator of the Veterans
Administration.
Directing the Secretary of HEW and the Attorney General
to develop plans to improve coordination between the
treatment and criminal justice system, so drug users
in the criminal justice system are identified and
provided with treatment and rehabilitation services.
3
Directing the new Cabinet Committee on Drug Abuse
Prevention, Treatment and Rehabilitation to give
high priority to identifying specific ways to
improve job opportunities for former addicts.
Directing the Secretary of the Treasury and the
Commissioner of the Internal Revenue Service, in
consultation with the Attorney General and the
Administrator of the Drug Enforcement Adminis-
tration, to develop a tax enforcement program
aimed at major drug traffickers.
Enhancing International Cooperation
Intensifying diplomatic efforts at all levels in
order to encourage the greatest possible commitment
from other governments to this mutual problem, and
continuing to provide technical and equipment
assistance, formal training of foreign enforcement
officials, and assistance through cooperative
enforcement efforts of U. S. agents stationed
abroad.
Directing the Secretary of State, the Attorney
General and the Ambassador to the United Nations
to expand their discussions of drug control with
foreign leaders.
Assigning responsibility for liaison with the
Mexican Commission proposed by Mexican President
Echeverria to the Cabinet Committee on International
Narcotic Control, and directing the Chairman of the
CCINC to immediately form an Executive Committee to
meet with its Mexican counterpart to discuss ways in
which our government can collaborate more effectively
with Mexico.
Urging the Congress to expedite approval of the
1971 Convention on Psychotropic Substances, an
international treaty which would provide a system
for the control of synthetic drugs similar to that
which exists for narcotic drugs.
Administration Actions
The President has endorsed the White Paper on Drug Abuse,
which called for: (1) more selectivity and targeting of
resources; (2) better intra- and inter-agency management;
(3) recognition of the vital but limited role the Federal
government can play; and (4) more visible Presidential
leadership.
4
In line with the recommendations contained in the White
Paper, the President's FY 1977 budget requests additional
resources for:
the growing problem of amphetamine and barbiturates
abuse;
an additional 7,000 community treatment slots;
better targeting of law enforcement efforts at
high-level traffickers;
improving job opportunities for ex-addicts; and
maximizing the effectiveness of border interdiction
forces.
In addition, this Administration is taking action to deal
with the mounting threat of drugs in other areas. The
President has spoken personally to Presidents Echeverria
of Mexico and Lopez-Michelsen of Colombia and with Prime
Minister Demeril of Turkey in an effort to strengthen
cooperation among all nations involved in the fight against
illicit drug traffic. Attorney General Levi has recently
discussed mutual drug control problems with the Attorney
General of Mexico, and the President has directed Secretary
of State Kissinger to express to the Mexican government his
personal concern that we explore opportunities for improved
control.
RDP
5-4-76
ISSUE: GUN CONTROL
Administration Position
In his special message to the Congress on Crime on
June 19, 1975, President Ford said:
"Criminals with handguns have played a key role in the
rise of violent crime in America. Hundreds of policemen
have been killed in the past decade through the use of
handguns by criminals. The most effective way to combat
the illicit use of handguns by criminals is to provide
mandatory prison sentences for anyone who uses a gun
in the commission of a crime.
"In addition, the federal government can be of assistance
to state and local enforcement efforts by prohibiting the
manufacture of so-called "Saturday Night Specials" that
have no apparent use other than against human beings and
by improving Federal firearms laws and their enforcement.
"At the same time, however, we must make certain that our
efforts to regulate the illicit use of handguns does not
infringe upon the rights of law-abiding citizens. I am
unalterably opposed to federal registration of guns or
the licensing of gun owners. I will oppose any effort to
impose such requirements as a matter of Federal policy."
Presidential Documents
Vol. 11, No. 25, pp. 658-659
In his State of the Union Message of January 19, 1976, the
President said:
"Another major threat to every American's person and
property is the criminal carrying a handgun. The way
to cut down on the criminal use of guns is not to take
guns away from the law-abiding citizen, but to impose
mandatory sentences for crimes in which a gun is used,
make it harder to obtain cheap guns for criminal
purposes, and concentrate gun control enforcement in
high crime areas.
"My budget recommends 500 additional Federal agents
in the 11 largest metropolitan high crime areas to
help local authorities stop criminals from selling
and using handguns."
Presidential Documents
Vol. 12, No. 4, pps. 43-53, incl.
2
More recently, the President emphasized his belief that
law-abiding citizens should have the right to keep and
bear arms free from Federal restraint. He said:
"The law-abiding citizens of this country should
not be deprived of the right to have firearms for
their own protection, and if you want to go hunting,
you should not have to go down and register your
firearms with some Federal official."
REMARKS OF THE PRESIDENT AT THE
MAIN POST OFFICE, Gulfort, Mississippi
September 26, 1976
Presidential Documents
Vol. 12 , No. 40, p.
Administration Actions
In July 1975, the President recommended to Congress a
four-part program, consisting of:
1. legislation requiring the imposition of a mandatory
minimum term of imprisonment for any person convicted
of using or carrying a handgun in the commission of
Federal offenses;
2. legislation banning the importation, domestic
manufacture and sale of cheap, highly concealable
handguns -- known as "Saturday Night Specials" --
which have no apparent use other than against
human beings;
3. legislation strengthening current law to strike at
the illegal commerce in handguns and to emphasize
the responsibility of gun dealers to adhere to the
law; and
4. expansion, by the Bureau of Alcohol, Tobacco and
Firearms, of its firearms investigative efforts
in the nation's ten largest metropolitan areas
through the immediate employment and training of
an additional 500 firearms investigators.
RDP
9-29-76
ISSUE: Illegal Aliens
Administration Position
President Ford stated on February 7, 1976:
"We have anywhere from 6 million to 8 million illegal
aliens in this country, which is roughly the total
amount of unemployment in numbers in this country.
It's a very serious matter, and let me tell you what
we are trying to do about it.
"Number one, we are working very closely in a new
program with the Mexican Government. That is one
point of entry where there has been this tremendous
increase. The cooperation that we are developing with
the Mexican Government, I think, will produce some
results in stopping the flow on the one hand.
"When I was in Mexico about 18 months ago, I personally
talked to President Echeverria about it.
"Number two
we have recommended additional
employees for the Immigration and Naturalization
Service SO that they can do a better job of finding
illegal aliens on the one hand and seeking to get
them deported on the other hand."
Presidential Documents
Vol. 12, No. 7, p. 140
On April 10, 1976, the President said:
"The Rodino bill has not come out of the committee.
It is controversial. There are some who think it
puts too much of a burden on the employer and some
social agencies feel that it is discriminatory in part
in the procedures that are used. Others think this is
the most effective way to ferret out and find those
illegal aliens that ought to be deported.
"If I have to tilt, I will tilt toward the bill, but
I recognize it is extremely controversial, and we
will see what happens when it gets down to the White
House. I am not making any firm commitments until we
see the final bill, but it could be a way to help solve
"
this problem.
Presidential Documents
Vol. 12, No. 16, pps. 625-6
-2-
Administration Actions
President Ford created the Domestic Council Committee on
Illegal Aliens on January 6, 1975, to develop, coordinate
and present policy issues that cut across agency lines to
provide better programs for dealing with the illegal
aliens problem.
The Department of Justice has contracted a $1 million
study to determine the numbers, location and economic
impact of illegal aliens.
The Secretary of State established an Inter-Agency
Committee for Study of Problems Related to Illegal
Mexican Migration into the United States.
RDP
5-4-76
ISSUE:
JOB SECURITY (LAST HIRED, FIRST FIRED)
Administration Position
The question of whether long-standing seniority rules should
be changed to counter past discriminatory practices is ex-
tremely complex. In many cases it involves the continuing
employment rights of both those who have worked hard and long
to earn them, and those who have been denied that opportunity.
The courts are now considering cases involving these conflicts
of rights. Since each case is different, such court action
appears the appropriate way of resolving the issue.
The fact is, however, that an unstable economy is the enemy
of equal opportunity. Equality of opportunity can be sustained
only in the context of economic stability. Therefore, the
most important thing the Administration can do in this area
is to ensure a stable, growing economy that allows all -- black
and white, men and women -- to realize their full potential.
Administration Actions
The Equal Employment Opportunity Commission in conjunction
with the Equal Employment Opportunity Coordinating Council is
examining the issue of seniority in lay-offs. More generally,
however, the President is attempting to restore to America
the kind of economic stability and growth which will render
consideration of this issue moot.
RDP
12/13/75
ISSUE: JUVENILE DELINQUENCY
Administration Position
In his September 27 speech before the International Association
of Chiefs of Police, the President stated:
"We hear more about the rights of juvenile offenders
than about the rights of their victims. Forty-five
percent of all violent crime is now perpetrated by
juveniles. If they are big enough to commit vicious
crimes against society, they are big enough to be
punished by society.
"Too many violent and street-wise juveniles are
using their age as a cloak of immunity. Detention
may not help the juvenile, but it will certainly
help his potential victims."
President's Remarks before
International Association of Chiefs
of Police, Miami, 9-27-76
Presidential Documents
Vol. 12, No. 40, p.
In his special message to the Congress on crime of June 19,
1975, the President said:
"I know that grave questions have been raised by
qualified experts about the ability of the corrections
system to rehabilitate offenders. These are important
and serious questions. They go to the very heart of
the corrections system. While the problem of criminal
rehabilitation is difficult, we must not give up on our
efforts to achieve it, especially in dealing with youthful
offenders. Crime by young people represents a large part
of crime in general. The 1973 statistics indicate that
45 per cent of persons arrested for all crimes are under
18 years of age. Whatever the difficulty, we must con-
tinue our efforts to rehabilitate offenders, especially
youthful offenders. To do less would be to write off
great numbers of young people as unsalvageable before
they have even come of age. I have directed the Attorney
General, as Chairman of the Cabinet Committee on Crime
Prevention and Rehabilitation, to work in close coopera-
tion with the Secretary of Labor, the Secretary of Health,
Education, and Welfare and other concerned agencies of
the Executive Branch to ensure that the Federal govern-
ment is making the best possible use of its resources in
this crucial area."
Presidential Documents
Vol. 11, No. 25, p. 658.
2
Administration Action
Federal efforts in dealing with juvenile delinquency are
operated primarily by the Law Enforcement Assistance
Administration (LEAA) in the Department of Justice.
Through its existing bloc and discretionary grant
programs, LEAA contributes funds to State and local
governments and other agencies for juvenile delinquency
programs. Approximately $140 million annually has been
devoted to projects focusing on delinquency prevention,
court services and residential facilities.
The Juvenile Justice and Delinquency Prevention Act of 1974
required additional Federal involvement in the area of
juvenile delinquency. An Office of Juvenile Justice and
Delinquency Prevention was established in LEAA to coordinate
all juvenile delinquency programs and to initiate new pro-
jects through a categorical grant program. This office is
now in operation and has received numerous grant proposals
from interested State, local and other agencies for possible
projects.
New projects which are in operation, or planned in the near
future, include removing "status offenders" from institutions,
increased delinquency prevention and delinquency diversion.
Twenty-five million dollars has been appropriated to the
OJJDP to enable it to initiate these activities.
The Department of HEW is also involved in juvenile delinquency,
with the Runaway Youth Program in the Office of Human Develop-
ment. This program currently utilizes about $15 million in
Federal funds annually.
At the President's direction, the Cabinet Committee on Crime
Prevention and Rehabilitation is attempting to ensure that
these programs are having the maximum positive effect.
RDP
9-30-76
ISSUE: Native Americans
Administration Position
The President stated on January 4, 1975: "My Administration
is committed to the furthering of self-determination of
Indian communities without terminating the special
relationships between the Federal Government and the
Indian people.'
Presidential Documents
Vol. 11, No. 2, p. 18
This policy rejects two extreme approaches of the past:
(1) paternalism, under which the Federal Government
dominates decision-making in programs conducted within
Indian communities and (2) termination, under which Indian
people would have to lose the protection of Federal trusteeship
responsible for their natural and financial resources to gain
some measure of control over their future.
Before signing a proclamation declaring October 10-16, 1976, as
"Native American Awareness Week, 1976," the President said:
"The Administration's support for Indian programs is not
just rhetoric. We back up our words with action.
"Eight years ago, the Bureau of Indian Affairs -- its
budget was $262 million. Today it is $777 million. The
Indian health budget was $113 million; today, $425 million.
Our manpower training budget for Indian people is four
times bigger than it was only four years ago. The record
of support for Indian programs and for the protection of
Indian trust rights is clear and precise. America wants
those policies to continue, and I can assure you that
they will."
Presidential Documents
Vol. 12, No. 42, p. 1479
Administration Actions
On January 4, 1975, the President signed into law S. 1097, the
Indian Self-Determination and Educational Assistance Act, which
increases the ability of Indian tribes to plan and manage the
programs serving their communities (P.L. 93-638). Regulations
implementing this law have been published in the Federal
Register.
2
The President's budget for Fiscal Year 1976 includes
appropriations to the full extent authorized in the Indian
Financing Act of 1974 for direct loans, guaranteed loans,
interest subsidies and business development grants for
Indians. With respect to the Bureau of Indian Affairs law
enforcement efforts, the budget was more than doubled from
the $10 billion spent in Fiscal Year 1975.
On January 2, 1976, the President signed into law a bill
amending the Alaska Native Claims Settlement Act of 1971
to rectify inequities, authorize additional benefits for
native corporations (including some land belonging to the
Tongass National Forest) and provide other benefits.
RDP
10-19-76
ISSUE: Needs of the Federal Court System/Judiciary Salaries
Administration Position
The President stated on July 13, 1975:
"Despite the importance of the Judiciary, I think
we on the outside do recognize that many of the
problems that you face and that you tackle go
unnoticed and unreported. Too often, we pay
attention only when Federal court decisions are
controversial or the problems of court management
become overwhelming.
"This Administration supports the recommendations
for additional district and circuit court judgeships,
which judicial conference studies show are needed.
Legislation to create these judgeships needs swift
bipartisan action.
"The number of Federal judges and adequate salaries
are important issues. But other problems also need
attention.
"In my crime message, I strongly supported legislation
to expand the jurisdiction of the United States
magistrates.
"Action on the scope and process of Federal juris-
diction -- including the range of diversity juris-
diction, the advisability of three-judge courts,
possible avenues of Federal-State cooperation and
related proposals -- all could help to reduce case-
loads.
"The Administration also is aware of the need to
consider the judicial impact of any new legislation, and
we will examine the potential for litigation arising
from our proposals. Too often, Federal laws have been
passed without adequate consideration of their effect
on Federal courts."
Presidential Documents
Vol. 11, No. 29, pp. 746-747
In his State of the Union address, the President said:
"Additional Federal judges are needed, as recommended
by me and the Judicial Conference."
Presidential Documents
Vol. 12, No. 4, p. 49
Administration Actions
The President has requested a comprehensive review of
Administration efforts on judicial improvements and an
examination of the full spectrum of problems facing the
judiciary, including judicial salaries and benefits.
RDP
2-12-76
ISSUE:
Privacy
Administration Position
The President said on October 9, 1974: "Renewed national
efforts to strengthen protections for personal privacy
should begin in Washington. We should start by enacting
uniform fair information practices for the agencies of
the Federal Government. This will give us invaluable
operating experience as we continue to examine and
recommend needed actions at the State and local level
and in the private sector.
"The immediate objective should be to give every citizen
the right to inspect, challenge and correct, if necessary,
information about him contained in Federal agency records
and to assure him a remedy for illegal invasions of
privacy by Federal agencies accountable for safeguarding
his records. In legislation, the right of privacy, of
course, must be balanced against equally valid public
interests in freedom of information, national defense,
foreign policy, law enforcement, and in a high quality
and trustworthy Federal work force."
Presidential Documents
Vol. 10, No. 41, p. 1250
Administration policy is to reduce unwarranted and un-
necessary government intrusion into the privacy of individuals
and to establish specific safeguards to maintain the right of
privacy.
Administration Actions
The President signed into law the Family Educational
Rights and Privacy Act guaranteeing student and parent
access to school records and restricting disclosures of
such records.
Issuance of an Executive Order restricting White House
access to income tax returns.
Appointment of several special committees, including one
chaired by the Vice President, to investigating alleged
abuses by agencies with intelligence gathering functions.
ISSUE: POST CARD REGISTRATION
Administration Position
The President opposes enactment of the so-called
Voter Registration Act (authorizing persons to
register, by post card, to vote in Federal elections)
because such a bill would increase the potential and
likelihood for fraud and because it would impinge on
the traditional responsibility of the States to
register voters. Moreover, at a time when all levels
of government are attempting to restrain spending, the
creation of a new Federal bureaucracy, with authority
to spend huge sums of taxpayers' money, seems most
imprudent.
RDP
8-27-76
-2-
The President signed into law a landmark statute, the
Privacy Act of 1974, to safeguard the privacy rights
of individuals who, for one reason or another, are
subjects of records maintained by Federal agencies and
establishing a Privacy Protection Study Commission.
Promulgation of Agency guidelines for the implementation
of the Privacy Act on September 27, 1975.
RDP
2/12/76
ISSUE: Repeal of Fair Trade Laws
Administration Position
The President stated on April 28, 1975: "Another element
of our program is pending legislation in the Congress,
which would end the so-called fair trade laws. Federal
law today now permits States to allow manufacturers to
dictate the price of their product and drives up the
cost on such items as books, cosmetics, shoes and
hardware. These depression-era laws, which costs
consumers an estimated $2 billion a year, should be
laid to rest, along with the NRA Blue Eagle of the
same period."
"In addition, I will propose changes in other laws which
restrain competition and deny buyers substantial savings.
The Robinson-Patman Act is a leading example of such laws.
It discourages both large and small firms from cutting
prices, and it also makes it harder for them to expand
into new markets and to pass on to consumers the cost
savings on large orders."
Presidential Documents
Vol. 11, No. 18, p. 457
Administration Actions
The Administration supported legislation that repealed
State Fair Trade laws and it was signed into law by the
President on December 12, 1975. The Domestic Council
Review Group on Regulatory Reform is currently studying
Robinson-Patman revision.
FLM
1/7/76
ISSUE: SPANISH SPEAKING AMERICANS
Administration Position
The Ford Administration is firmly committed to improving
the quality of life for the 16 million Americans of
Hispanic descent. This includes greater job opportunities
and more responsible jobs, greater opportunity to
participate in the elective process and greater opportunity
to participate in government generally. Each year, the
third week of September is proclaimed "National Hispanic
Heritage Week." In doing so in 1975 and again in 1976, the
President said:
"Men and women of Hispanic origin -- Mexican Americans,
Puerto Ricans, Cubans and other Spanish Speaking
Americans -- have contributed significantly to the
growth of America. They have served with courage and
distinction in our Armed Forces. In endeavors as
varied as music, architecture, medicine, law, education,
literature and religion, Hispanic-Americans have contri-
buted wisdom, beauty and spiritual strength."
NATIONAL HISPANIC HERITAGE WEEK, 1975
A PROCLAMATION, September 8, 1975
Presidential Documents
Vol. 11, No. 37, p. 971
"America's Hispanic heritage was strong even before
we achieved our independence. Men and women of Hispanic
origin fought in the Revolutionary War and in subsequent
conflicts. They have enriched our culture, arts and
scholarship. They have used their talents to help
America build a society based on ideals of freedom
and equality.
"This year is also the sesquicentennial of the Inter-
American System, begun 150 years ago with the Congress
of Panama. America's Hispanic heritage strengthens
the nations of the hemisphere. In celebrating it, we
celebrate our mutual commitment to peace and amity."
NATIONAL HISPANIC HERITAGE WEEK, 1976
A PROCLAMATION, September 10, 1976
Presidential Documents
Vol. 12, No. 37, p. 1326
Further, in approving House Joint Resolution 92, concerning
the need to improve and better coordinate Federal statistical
programs concerning Spanish-surnamed Americans, the President
said:
"These Americans represent an important contribution,
as well as influence, not only to the enrichment of
our society, but to its continuing growth and diversity.
"Mexican-Americans, Puerto Ricans, Cuban-Americans and
other Spanish origin Americans have served this Nation
with honor in peace as well as in war. To assist them
in participating fully in all aspects of American life,
more adequate and accurate information is required.
Such information gathered through major statistical
programs of the Federal Government can help provide the
basis for action to assist Americans of Spanish origin
or descent in achieving a better life."
Presidential Documents
Vol. 12, No. 25, p. 1060
Administration Actions
In addition to having appointed numerous capable Hispanic
Americans to high government offices, President Ford has taken
several significant actions manifesting his commitment to
Hispanic Americans:
He advocated and signed legislation extending the
protection of the Voting Rights Act to the Spanish
speaking.
He increased from $42 million to $70 million Federal
assistance for bilingual/bicultural education pro-
grams.
He met with Hispanic American leaders (October 17,
1974) with Spanish-speaking Congressmen (September 4,
1974) and with the National Service Employment
Redevelopment Board of Directors (July 17, 1975).
Moreover, the President has directed that the Small Business
Administration's Minority Contracting Program be strengthened
and made more effective to better serve the needs of the
minority business community.
RDP
9-29-76
WOMEN'S RIGHTS
ADMINISTRATION POSITION
President Ford is a strong supporter of women's rights and he
has affirmatively addressed himself to this issue on numerous
occasions in the past.
ADMINISTRATION ACTIONS
a) Equal Rights Amendment
As a Member of Congress, President Ford was a strong supporter
of the Equal Rights Amendment.
Since becoming President, he has spoken out in favor of the ERA
on numerous occasions. His most recent statement in support
of the Amendment was his August 26, 1976, Women's Equality
Day Proclamation. In the Proclamation the President called
"upon those States who have not ratified the Equal Rights
Amendment to give serious consideration to its ratification
and the upholding of our Nation's heritage."
b) Employment and Appointment of Women
The President has made several strong statements regarding his
commitment to appoint more women to policy-making positions in
his Administration. The first statement was made at a meeting
with his women Presidential appointees in August of 1974.
In the President's January 9, 1975, statement on the
International Women's Year, he said: "The vast potential
of women has only been partially explored. Opening up new
doors to approximately half the world's population is vital
to solving many of our international problems."
Presidential Documents
Vol. 11, No. 2, p. 30.
The President's March 6, 1975, memorandum to heads of departments
and agencies regarding the employment of women and minorities sets
the President strongly behind affirmative action to assure that
all persons have an opportunity to compete on a fair and equal
basis for employment and advancement in the Federal government.
Also, in his April 14, 1975, statement to the IWY Commission, the
President reiterated his commitment by saying:
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"Statistics on the employment of women in Federal
Government demonstrates, I think, the problems
that remain in assuring true equal opportunity. "
"This Administration, as the records will show,
recently reminded the heads of all Federal departments
and agencies that a strong affirmative action is
needed to see that everyone has the opportunity to
compete on a fair and equal basis."
"The Federal government, in my judgment, has a
very special responsibility and a special opportunity
to set an example and this we intend to do. "
Presidential Documents
Vol. 11, No. 16, P. 379.
The most recent statement on employment was made on April 26,
1976, before a group of high-level women in government:
"There have been substantial increases among women serving
in elective office, appointive office in the Executive,
Legislative and Judicial branches, but we have a long way
to go and I pledge that I will continue what we have tried
to do, which is to appoint, to nominate more and more
women.
c)
Enforcement of Laws
The President again said, to IWY Commission members of
April 14, 1975:
"Although the growing concern about the special
and legal and social problems of women has paved
the way for many, many new laws and important court
decisions, real change, as I see it, will depend
upon the caliber and degree of enforcement."
Presidential Documents
Vol. 11, No. 16, p. 379.
One of the three amendments to the General Revenue Sharing
Act proposed by the President was to strengthen the civil
rights provisions of the existing statute.
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d) Title IX of the Education Amendments of 1972
The President signed the implementing regulations for Title IX
on May 27, 1975. The President discussed the opening of new
educational opportunities to women in his speech to the Holton
Arms graduates. The only published statements of the President
regarding Title IX, however, are his letters of July 21, 1975 to
Senator Williams and Representative O'Hara in which he expresses
concern with allegations that Title IX will destroy intercollegiate
athletics. The President does say in those letters that he
believes the Regulation is a reasonable implementation of the
statute.
With regard to the issue of father-son/mother-daughter events,
the President directed the Secretary of Health, Education and
Welfare to re-examine the ruling by the Department's Office
for Civil Rights that, such events do violate laws prohibiting
sex bias.
e) Credit
In August 1974 and October 1974, the President signed two pieces
of legislation which included anti-sex discriministration pro-
visions. In signing the most recent of these, the President said:
"Another extremely important provision in this legislation
prohibits discrimination on the basis of sex or marital
status in the granting or denying of credit. While there
has been a voluntary improvement in credit procedures in
recent years, women are still too often treated as second-
class citizens in the credit world. This legislation
officially recognized the basic principle that women
should have access to credit on the same terms as men."
Presidential Records
Vol. 10, No. 44, p. 1385.
f) Housing
The President signed the Housing and Community Development Act
of 1974 which prohibits discrimination based on sex in the
sale, rental or financing of housing.
g) Service Academies
The President signed H.R. 6674 on October 8, 1975. In addition
to the bill's authorization, the bill also permits women to be
eligible for appointment and admission to the service academies
for classes entering in calendar year 1976. Under the bill, women
will be subject to the same academic and other relevant standards
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g) for appointment, admission, training, graduation, and commission
(except for those' minor adjustments required because of
physiological differences) applicable to men.
h) Estate and Gift Tax
In the President's tax proposals, he has recommended the
elimination of the estate and gift tax on all transfers of assets
between spouses (March, 1976). On July 1, 1976, the President
made the following remarks with respect to estate tax inequities:
"This problem is not unique to American farm women. It
is nothing more or less than a widow's tax, and it is
nothing more than a gross injustice."
i) Equality of Rights Under Federal Statute
The President said on July 1, 1976, "Because this Nation is
founded on the principle that all citizens share the same
rights, what affects the rights of one affects the freedoms
of all
More than half a century after women's suffrage became law,
much still remains to be done, and all of you are more
authoritative than myself on that point. Not just compassion
but justice and logic dictate that we remove the inequities
that still exist."
To carry out this commitment, the President on July 1, directed
the Attorney General to develop, in conjunction with affected
Federal agencies, a plan for review of the entire United States
Code to identify sex-based provisions not justified in law or
supported by wise policy.
j) Child Care
On September 7, 1976, the President signed the Child Day Care
Act. Upon signing the bill, the President said:
"Insuring an adequate day care bill for children is
an important social service. It protects the well-
being of thousands of American children and the
economic independence of their working parents."
The President believes that standards for child day care should
be developed and enforced at the State level. He does not
support the Title XX Federal Interagency Day Care requirements
(FIDRC) which are strict, Federally-determined standards. The
Child Day Care Act postponed these regulations until October 1, 1977.
9-20-76
JMH