September 7, 1984 CONGRESSIONAL RECORD-SENATE 24581 SENATE-Friday, September 7, 1984

e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. 24582 CONGRESSIONAL RECORD-SENATE September 7, 1984 Mr. BAKER. I yield. Unless authorized by the Senate in any other environment if such ex­ Each Party shall in exercising its national plosion causes radioactive debris to be sovereignty have the right to withdraw fied. But both the President of the ·present outside the territorial limits of the United States and the Soviet Union from the Treaty if it decides that extraordi­ State under whose jurisdiction or control nary events, related to the subject matter of agreed to abide by that treaty as long such explosion is conducted. It is under­ this Treaty, have jeopardized the supreme as the other does. But have we? That stood in this connection that the provisions interests of its country. It shall give notice treaty specifies: of this subparagraph are without prejudice of such withdrawal to all other Parties to The Parties shall continue negotiations to the conclusion of a treaty resulting in the the Treaty three months in advance. with a view towards achieving a solution to permanent banning of all nuclear test ex­ the problem of the cessation of all under­ plosions, including all such explosions un­ ARTICLE V ground nuclear weapons tests. derground, the conclusion of which, as the This Treaty, of which the English and Parties have stated in the Preamble to this Russian texts are equally authentic, shall be So there you have it, Mr. President. Treaty, they seek to achieve. deposited in the archives of the Depositary Not only are we continuing the re­ 2. Each of the Parties to this Treaty un­ Governments. Duly certified copies of this search and development through test­ dertakes furthermore to refrain from caus­ Treaty shall be transmitted by the Deposi­ ing of nuclear weapons that consti­ ing, encouraging, or in any way participat­ tory Governments to the Governments of tutes the heart of the arms race and ing in, the carrying out of any nuclear the signatory and acceding States. thus pushing the world closer to nu­ weapon test explosion, or any other nuclear In witness whereof the undersigned, duly clear war, but in doing so we are in ex­ explosion, anywhere which would take place authorized, have signed this Treaty. plicit violation of three treaties which in any of the environments described, or Done in triplicate at the city of Moscow have the effect referred to, in paragraph 1 the fifth day of August, one thousand nine our President has signed, and which of this Article. hundred and sixty-three. Presidents have committed us to abide ARTICLE II For the Government of the United States by. Two of those treaties have been 1. Any Party may propose amendments to of America. ratified by this U.S. Senate. this Treaty. The text of any proposed For the Government of the United King­ Mr. President, I ask unanimous con­ amendment shall be submitted to the De­ dom of Great Britain and Northern Ireland. sent that the full text of the three positary Governments which shall circulate For the Government of the Union of treaties to which I have referred: The it to all Parties to this Treaty. Thereafter, if Soviet Socialist Republics. Limited Test Ban Treaty, the Non­ requested to do so by one-third or more of TREATY ON THE NON-PROLIFERATION OF Proliferation Treaty and the Thresh­ the Parties, the Depositary Governments NUCLEAR WEAPONS old Test Ban Treaty be printed in the shall convene a conference, to which they shall invite all the Parties, to consider such Signed at Washington, London, and RECORD at this point, along with a amendment. Moscow July 1, 1968 brief excerpt from an article in June 2. Any amendment to this Treaty must be Ratification advised by U.S. Senate March 1984, issue of the Inquiry by Christo­ approved by a majority of the votes of all 13, 1969 pher E. Paine entitled "Arms Control Ratified by U.S. President November 24, the Parties to this Treaty, including the 1969 Poker." votes of all of the Original Parties. The U.S. ratification deposited at Washington, There being no objection, the docu­ amendment shall enter into force for all London, and Moscow March 5, 1970 ments were ordered to be printed in Parties upon the deposit of instruments of Proclaimed by U.S. President March 5, the RECORD, as follows: ratification by a majority of all the parties, including the instruments of ratification of 1970 TREATY BANNING NUCLEAR WEAPON TESTS IN all of the Original Parties. Entered into force March 5, 1970 THE ATMOSPHERE, IN OUTER SPACE AND The States concluding this Treaty, herein­ UNDER WATER ARTICLE III after referred to as the "Parties to the Signed at Moscow, August 5, 1963 1. This Treaty shall be open to all States Treaty", Ratification advised by U.S. Senate Sep- for signature. Any State which does not sign Considering the devastation that would be tember 24, 1963 this Treaty before its entry into force in ac­ visited upon all mankind by a nuclear war Ratified by U.S. President October 7, 1963 cordance with paragraph 3 of this Article and the consequent need to make every U.S. ratification deposited at Washington, may accede to it at any time. effort to avert the danger of such a war and London, and Moscow October 10, 1963 2. This Treaty shall be subject to ratifica­ to take measures to safeguard the security Proclaimed by U.S. President October 10, tion by signatory States. Instruments of of peoples, 1963 ratification and instruments of accession Believing that the proliferation of nuclear Entered into force October 10, 1963 shall be deposited with the Governments of weapons would seriously enhance the The Governments of the United States of the Original Parties-the United States of danger of nuclear war, America, the United Kingdom of Great America, the United Kingdom of Great In conformity with resolutions of the Britain and Northern Ireland, and the Britain and Northern Ireland, and the United Nations General Assembly calling Union of Soviet Socialist Republics, herein­ Union of Soviet Socialist Republics-which for the conclusion of an agreement on the after referred to as the "Original Parties," are hereby designated the Depositary Gov­ prevention of wider dissemination of nucle­ Proclaiming as their principal aim the ernments. ar weapons, speediest possible achievement of an agree­ 3. This Treaty shall enter into force after Undertaking to cooperate in facilitating ment on general and complete disarmament its ratification by all the Original Parties the application of International Atomic under strict international control in accord­ and the deposit of their instruments of rati­ Energy Agency safeguards on peaceful nu­ ance with the objectives of the United Na­ fication. clear activities, tions which would put an end to the arma­ 4. For States whose instruments of ratifi­ Expressing their support for research, de­ ments race and eliminate the incentive to cation or accession are deposited subsequent velopment and other efforts to further the the production and testing of all kinds of to the entry into force of this Treaty, it application, within the framework of the weapons, including nuclear weapons. shall enter into force on the date of the de­ International Atomic Energy Agency safe­ Seeking to achieve the discontinuance of posit of their instruments of ratification or guards system, of the principle of safeguard­ all test explosions of nuclear weapons for all accession. ing effectively the flow of source and special time, determined to continue negotiations 5. The Depositary Governments shall fissionable materials by use of instruments to this end, and desiring to put an end to promptly inform all signatory and acceding and other techniques at certain strategic the contamination of man's environment by States of the date of each signature, the points, radioactive substances. date of deposit of each instrument of ratifi­ Affirming the principle that the benefits Have agreed as follows: cation of and accession to this Treaty, the of peaceful applications of nuclear technolo­ date of its entry into force, and the date of gy, including any technological by-products ARTICLE I receipt of any requests for conferences or which may be derived by nuclear-weapon 1. Each of the Parties to this Treaty un­ other notices. States from the development of nuclear ex­ dertakes to prohibit, to prevent, and not to 6. This Treaty shall be. registered by the plosive devices, should be available for carry out any nuclear weapon test explo­ Depositary Governments pursuant to Arti­ peaceful purposes to all Parties of the sion, or any other nuclear explosion, at any cle 102 of the Charter of the United Na­ Treaty, whether nuclear-weapon or non-nu­ place under its jurisdiction or control: tions. clear weapon States, 24588 CONGRESSIONAL RECORD-SENATE September 7, 1984 Convinced that, in furtherance of this ons or other nuclear explosive devices. Pro­ made available to non-nuclear-weapon principle, all Parties to the Treaty are enti­ cedures for the safeguards required by this States Party to the Treaty on a nondiscrim­ tled to participate in the fullest exchange of article shall be followed with respect to inatory basis and that the charge to such scientific information for, and to contribute source or special fissionable material wheth­ Parties for the explosive devices used will be alone or in cooperation with other States to, er it is being produced, processed or used in as low as possible and exclude any charge the further development of the applications any principal nuclear facility or is outside for research and development. Non-nuclear­ of atomic energy for peaceful purposes, any such facility. The safeguards required weapon States Party to the Treaty shall be Urging the cooperation of all States in the by this article shall be applied to all source able to obtain such benefits, pursuant to a attainment of this objective, or special fissionable material in all peaceful special international agreement or agree­ Declaring their intention to achieve at the nuclear activities within the territory of ments, through an appropriate internation­ earliest possible. date the cessation of the such State, under its jurisdiction, or carried al body with adequate representation of nuclear arms race and to undertake effec­ out under its control anywhere. non-nuclear-weapon States. Negotiations on tive measures in the direction of nuclear dis­ 2. Each State Party to the Treaty under­ this subject shall commence as soon as pos­ armament. takes not to provide: source or special sible after the Treaty enters into force. Recalling the determination expressed by fissionable material, or (b) equipment or Non-nuclear-weapon States Party to the the Parties to the 1963 Treaty banning nu­ material especially designed or prepared for Treaty so desiring may also obtain such ben­ clear weapon tests in the atmosphere, in the processing, use or production of special efits pursuant to bilateral agreements. outer space and under water in its Preamble fissionable material, to any non-nuclear­ ARTICLE VI to seek to achieve the discontinuance of all weapon State for peaceful purposes, unless test explosions of nuclear weapons for all the source or special fissionable material Each of the Parties to the Treaty under­ time and to continue negotiations to this shall be subject to the safeguards required takes to pursue negotiations in good faith end, by this article. on effective measures relating to cessation Desiring to further the easing of interna­ 3. The safeguards required by this article of the nuclear arms race at an early date tional tension and the strengthening of shall be implemented in a manner designed and to nuclear disarmament, and on a trust between States in order to facilitate to comply with article IV of this Treaty, and treaty on general and complete disarma­ the cessation of the manufacture of nuclear to avoid hampering the economic or techno­ ment under strict and effective internation­ weapons, the liquidation of all their existing logical development of the Parties or inter­ al control. stockpiles, and the elimination from nation­ national cooperation in the field of peaceful ARTICLE VII al arsenals of nuclear weapons and the nuclear activities, including the internation­ Nothing in this Treaty affects the right of means of their delivery pursuant to a treaty al exchange of nuclear material and equip­ any group of States to conclude regional on general and complete disarmament ment for the processing, use or production treaties in order to assure the total absence under strict and effective international con­ of nuclear material for peaceful purposes in of nuclear weapons in their respective terri­ trol, accordance with the provisions of this arti­ tories. Recalling that, in accordance with the cle and the principle of safeguarding set ARTICLE VIII Charter of the United Nations, States must forth in the Preamble of the Treaty. refrain in their international relations from 4. Non-nuclear-weapon States Party to the 1. Any Party to the Treaty may propose the threat or use of force against the terri­ Treaty shall conclude agreements with the amendments to this Treaty. The text of any torial integrity or political independence of International Atomic Energy Agency to proposed amendment shall be submitted to any State, or in any other manner inconsist­ meet the requirements of this article either the Depositary Governments which shall ent with the Purposes of the United Na­ individually or together with other States in circulate it to all Parties to the Treaty. tions, and that the establishment and main­ accordance with the Statute of the Interna­ Thereupon, if requested to do so by one­ tenance of international peace and security tional Atomic Energy Agency. Negotiation third or more of the Parties to the Treaty, are to be promoted with the least diversion of such agreements shall commence within the Depositary Governments shall convene for armaments of the world's human and 180 days from the orginal entry into force a conference, to which they shall invite all economic resources. of this Treaty. For States depositing their the Parties to the Treaty, to consider such Have agreed as follows: instruments of ratification or accession an amendment. ARTICLE I 2. Any amendment to this Treaty must be after the 180-day period, negotiation of such approved by a majority of the votes of all Each nuclear-weapon State Party to the agreements shall commence not later than the Parties to the Treaty, including the Treaty undertakes not to transfer to any re­ the date of such deposit. Such agreements votes of all nuclear-weapon States Party to cipient whatsoever nuclear weapons or shall enter into force not later than eight­ the Treaty and all other Parties which, on other nuclear explosive devices or control een months after the date of initiation of negotiations. the date the amendment is circulated, are over such weapons or explosive devices di­ members of the Board of Governors of the rectly, or indirectly; and not in any way to ARTICLE IV assist, encourage, or induce any non-nucle­ International Atomic Energy Agency. The 1. Nothing in this treaty shall be inter­ amendment shall enter into force for each ar-weapon State to manufacture or other­ preted as affecting the inalienable right of Party that deposits its instrument of ratifi­ wise acquire nuclear weapons or other nu­ all the Parties to the Treaty to develop re­ cation of the amendment upon the deposit clear explosive devices, or control over such search, production and use of nuclear of such instruments of ratification by a ma­ weapons or explosive devices. energy for peaceful purposes without dis­ jority of all the Parties, including the in­ ARTICLE II crimination and in conformity with articles struments of ratification of all nuclear­ Each non-nuclear-weapon State Party to I and II of this Treaty. weapon States Party to the Treaty and all the Treaty undertakes not to receive the 2. All the Parties to the Treaty undertake other Parties which, on the date the amend­ transfer from any transfer or whatsoever of to facilitate, and have the right to partici­ ment is circulated, are members of the nuclear weapons or other nuclear explosive pate in, the fullest possible exchange of Board of Governors of the International devices or of control over such weapons or equipment, materials and scientific and Atomic Energy Agency. Thereafter, it shall explosive devices directly, or indirectly; and technological information for the peaceful enter into force for any other Party upon not to manufacture or otherwise acquire nu­ uses of nuclear energy. Parties to the the deposit of its instrument of ratification clear weapons or other nuclear explosive de­ Treaty in a position to do so shall also coop­ of the amendment. vices; and not to seek or receive any assist­ erate in contribution alone or together with 3. Five years after the entry into force of ance in the manufacture of nuclear weapons other State or international organizations this Treaty, a conference of Parties to the or other nuclear explosive devices. to the further development of the applica­ Treaty shall be held in Geneva, Switzerland, ARTICLE III tions of nuclear energy for peaceful pur­ in order to review the operation of this 1. Each non-nuclear-weapon State Party poses, especially in the territories of non-nu­ Treaty with a view to assuring that the pur­ to the Treaty undertakes to accept safe­ clear-weapon States Party to the Treaty, poses of the Preamble and the provisions of guards, as set forth in an agreement to be with due consideration for the needs of the the Treaty are being realized. At intervals negotiated and concluded with the Interna­ developing areas of the world. of five years thereafter, a majority of the tional Atomic Energy Agency in accordance ARTICLE V Parties to the Treaty may obtain, by sub­ with the Statute of the International Each party to the Treaty undertakes to mitting a proposal to this effect to the De­ Atomic Energy Agency and the Agency's take appropriate measures to ensure that, in positary Governments, the convening of safeguards system, for the exclusive purpose accordance with this Treaty, under appro­ further conferences with the same objective of verification of the fulfillment of its obli­ priate international observation and of reviewing the operation of the Treaty. gations assumed under this Treaty with a through appropriate international proce­ ARTICLE IX view to preventing diversion of nuclear dures, potential benefits from any peaceful 1. This Treaty shall be open to all States energy from peaceful uses to nuclear weap- applications of nuclear explosions will be for signature. Any State which does not sign September 7, 1984 CONGRESSIONAL RECORD-SENATE 24589 the Treaty before its entry into force in ac­ NON-PROLIFERATION TREATY-Continued NON-PROLIFERATION TREATY-Continued cordance with paragraph 3 of this article may accede to it at any time. 2. This Treaty shall be subject to ratifica­ Country Date of signature Dat~a~ lfi~~~i t of D~le a~e~\: i t tion by signatory States. Instruments of ratification and instruments of accession Bulgaria...... July 1, 1968 ...... Sept. 5, 1969 ...... Union of Soviet July I, 1968 ...... Mar. 5, 1970 shall be deposited with the Governments of Burundi...... Mar. 19, 1971. Socialist Cameroon ...... July 17, 1968 ...... Jan. 8, 1969 .. Republics. the United States of America, the United Canada ...... July 23, 1968 ...... Jan. 8, 1969 ...... Kingdom of Great Britain and Northern ~~ : :~ ~ :~f~~~ :::::::::: 1~~ l:mL ::: ~~~ : ~~ · 1§n~.::::::: Ireland and the Union of Soviet Socialist ~~ra~el1~ica·n · · ········ .. ::::::::::::: .. :::::::::::::::: ::::::::::::::::::::: .....:::::: ~l : ~t lm: Upper Volta ...... Nov. 25, 1968 ...... Mar. 3, 1970 ...... Republic. Uruguay ...... July 1, 1968 ...... Aug. 31 , 1970 ...... Republics, which are hereby designated the Chad ...... July I, 1968 ...... Mar. 10, 1971 ...... Venezuela ...... July 1, 1968 ...... SePt. 25, 1975 ...... Depositary Governments. China (Taiwan) ...... July I, 1968 ...... Jan. 27 , 1970 ...... Western Samoa ...... Mar. 17, 1975. 3. This Treaty shall enter into force after Colombia ...... July I, 1968 ...... Yemen Arab ···········seiiC2f '1968 .... Congo, People 's ...... Oct. 23, 1978. Republic (Sana). its ratification by the States, the Govern­ Republic of Yemen, People's Nov. 14, 1968 . .. June 1, 1979 ...... ments of which are designated Depositaries (Brazzaville) . Democratic of the Treaty, and forty other States signa­ Costa Rica ...... July I, 1968. Mar. 3, 1970 ...... Republic of Cyprus...... July I, 1968 ...... Feb. 10, 1970 ...... (Aden) . tory to this Treaty and the deposit of their Czechoslovakia ...... July 1, 1968 ...... July 22, 1969 ...... YU$OSlavia. . July 10, 1968 ..... Mar. 4, 1970 ...... instruments of ratification. For the pur­ Denmark ...... July I, 1968 ...... Jan. 3, 1969 ...... Zaire ...... July 22, 1968 .. Aug. 4, 1970 ... Dominican Republic .... July I, 1968 ...... July 24, 1971 ...... poses of this Treaty, a nuclear-weapon State Total ...... 97 ...... 92 ...... 22. is one which has manufactured and ex­ Ecuador ...... July 9, 1968 ...... Mar. 7, 1969 ...... Egypt...... July I, 1968 ...... ploded a nuclear weapon or other nuclear El Salvador ...... July 1, 1968 ...... July 11, 1972 ...... 1 Effective November 25, 1975. explosive device prior to January 1, 1967. Ethiopia...... Sept. 5, 1968 ...... Feb. 5, 1970 ...... 4. For States whose instruments of ratifi­ Fiji...... July 14, 1972. Finland ...... July I, 1968 ...... Feb. 5, 1969. ... . TREATY BETWEEN THE UNITED STATES OF cation or accession are deposited subsequent Gabon ...... Feb 19, 1974 AMERICA AND THE UNION OF SOVIET SOCIAL­ to the entry into force of this Treaty, it Gambia, The ...... Sept. 4, 1968 ...... May. 12, 1975 ...... IST REPUBLICS ON THE LIMITATION OF UN­ shall enter into force on the date of the de­ German Democratic July I, 1968 ...... Oct. 31 , 1969 ...... Republic. DERGROUND NUCLEAR WEAPON TESTS posit of their instruments of ratification or Germany, Federal Nov. 28, 1969 .... May 2, 1975 ...... accession. Republic of.

31-059 0-87-44 (Pt. 17) 24590 CONGRESSIONAL RECORD-SENATE September 7, 1984 cation of the other Party operating in ac­ goal pending improvements in verification Before he departed, former Chair­ cordance with paragraph 1 of this Article. measures for the unratified TTBT and man Martin Feldstein spoke the harsh 3. To promote the objectives and imple­ Peaceful Nuclear Explosions Treaty. This mentation of the provisions of this Treaty explanation was phony, because, among and unwelcome truth about the the Parties shall, as necessary, consult with other reasons, linking the ratification of danger of the deficit and about the each other, make inquiries and furnish in­ these treaties with the reduction of the un­ certainty that it would continue to formation in response to such inquiries. certainty surrounding Western estimates of grow worse as the years go on unless Article III Soviet tests creates a classic Catch-22 situa­ the President drastically changed his The provisions of this Treaty do not tion. It is precisely ratification of these trea­ big military spending and deep tax cut extend to underground nuclear explosions ties that will cause the Soviet Union to ex­ policies. The administration obviously carried out by the Parties for peaceful pur­ change geophysical test-site data and facili­ wants no more of that blunt and pain­ poses. Underground nuclear explosions for tate more precise measurements of Soviet explosions. ful honesty in the few weeks before peaceful purposes shall be governed by an the election. agreement which is to be negotiated and The Comprehensive Test Ban verification concluded by the Parties at the earliest pos­ problem consists mainly of identifying low­ It is a tribute to the economics pro­ sible time. energy sei&mic events as either earthquakes fession that it has established such a or explosions. This is very different from es­ record of professionalism and integrity Article IV timating precise yields in the hundred-kilo­ This Treaty shall be subject to ratification ton range, and one that the Russians have that the administration recognizes in accordance with the constitutional proce­ already agreed would be facilitated by un­ that it could not find a competent dures of each Party. This Treaty shall enter manned "on-site" seismic monitoring sta­ economist who would not insist on into force on the day of the exchange of in­ tions and the right of on-site inspections by criticizing this Federal deficit policy struments of ratification. challenge in specific instances where doubts and also win approval even by the Re­ Article V about a particular seismic event could not publican dominated Senate Banking 1. This Treaty shall remain in force for a otherwise be dispelled. Committee and the Republican period of five years. Unless replaced earlier The real reason the Reagan administra­ tion wants no part of a comprehensive test Senate. by an agreement in implementation of the The administration seems to be leery objectives specified in paragraph 3 of Arti­ ban is its enthusiasm for the nuclear arms cle I of this Treaty, it shall be extended for race, in particular a whole new "third gen­ even of giving an Acting Chairman successive five-year periods unless either eration" of advanced warhead concepts that title to Dr. William Niskanen, Jr., the Party notifies the other of its ter'llination some officials believe will help to transform next ranking member of the Council. no later than six months prior to the expi­ their long-sought goal of a nuclear-war­ During the next 2 months the Council ration of the Treaty. Before the expiration fighting capability into reality. should be busy preparing its economic of this period the Parties may, as necessary, As Richard L. Wagner, Weinberger's as­ sistant, told the House Armed Services Com­ report advising the President, the Con­ hold consultations to consider the situation gress, and the country on the policies relevant to the substance of this Treaty and mittee in March 1983: "What it comes down to introduce possible amendments to the to in the end is to keep their [the Soviets'] the country should follow during 1985. text of the Treaty. image of themselves inferior to their image Without a Chairman or Acting Chair­ 2. Each Party shall, in exercising its na­ of us .... By the 1990s we'll need some man how can the Council make the tional sovereignty, have the right to with­ really new technology to keep the image kind of forceful and persuasive eco­ draw from this Treaty if it decides that ex­ ratio in our favor. The technology of nucle­ nomic report that 1985 will call for? traordinary events related to the subject ar explosive design is an important part of Next year the Congress must make matter of this Treaty have jeopardized its our overall technology capability." the most unpopular spending and tax supreme interests. It shall give notice of its decision to the other Party six months prior decisions since the Employment Act of to withdrawal from this Treaty. Such notice WHY IS THE COUNCIL OF ECO­ 1946 created the Council of Economic shall include a statement of the extraordi­ NOMIC ADVISERS IN DEEP Advisers. We need the kind of respect­ nary events the notifying Party regards as FREEZE ed economic advice that has character­ having jeopardized its supreme interests. Mr. PROXMIRE. Mr. President, ized the Council of Economic Advisers 3. This Treaty shall be registered pursu­ President Reagan has slapped the in the past. The Reagan decision to ant to Article 102 of the Charter of the slam the Council into an invisible United Nations. Council of Economic Advisers into the Done at Moscow on July 3, 1974, in dupli­ political equivalent of solitary confine­ limbo for fear they might become a cate, in the English and Russian languages, ment and a deep freeze until after the political problem in the 1984 Presiden­ both texts being equally authentic. November election. tial election will make wise economic For the United States of America: Why has President Reagan failed to policy in 1985 much more difficult. RICHARD NIXON, name a successor to Martin Feldstein, For the 38 years of its existence the The President of the the retired Chairman of the Council Council has generally fulfilled its pur­ United States of America. pose, that is to bring the wisdom of For the Union of Soviet Socialist Repub­ of Economic Advisers? And why has lics: the President made the astonishing the economics profession to the con­ L. BREZHNEV, decision not even to name an Acting duct of economic policy. The members General Secretary of the Chairman of the Council until after of the Council have been distinguished Central Committee of the CPSU. the November elections? economists who have elevated the This means that for the first time in level of debate over economic policy. WIDENING THE "IMAGE RATIO" its 38 year life, the Council will have Members of the Council-notably In some areas, the opportunities for an no official leadership and no direction Dr. Martin Feldstein-have been able agreement are so obvious that the political for two important months. The Coun­ to maintain a high degree of independ­ risks of trying to manufacture a deadlock at ence from the President. They come to the negotiating table are simply too high. cil will not be able to advise the Con­ So, in the areas of nuclear underground gress or the country or the President Government service only temporarily. testing and antisatellite . victim of an horrendous Federal defi­ on the President and on the Congress Initially the administration tried to ex­ cit policy that deeply embarrasses the by creating the Council of Economic plain away its rejection of this thrice-iterat­ administration and for which no re­ Advisers. Never was that pressure to ed commitment by claiming that a Compre­ spectable economist can or would offer wisely shape Federal spending and rev­ hensive Test Ban remained the "long-term" a defense or a justification. enue policy more critical than it is September 7, 1984 CONGRESSIONAL RECORD-SENATE 24591 today in this deficit distorted econo­ A CHAIRMANLESS COUNCIL Mr. Niskanen also does not have contact my. Without' that pr.essure the pros­ The Administration has made sure, so far, with the President's top advisers in the pect that the Congress will say "no" to that the council will not be used as the plat­ White House. "I have not worked with the interest groups clamoring for special form for anything, at least before the No­ barons in the West Wing of the White spending programs and tax breaks will vember election. President Reagan has not House," he said. And although he acknowl­ moved to fill the vacancy created by Mr. edged that such contact is crucial to the in­ be far weaker. Feldstein's departure or to appoint a new fluence of the council, he said, "I haven't President Reagan has every right to chairman, a decision hardly unusual just begun developing them." appoint professional economists whose before an election. But he has also chosen After Labor Day Mr. Niskanen and Mr. writing and record support his eco­ not to name either of the two remaining Poole plan to begin work on the Economic nomic views provided only they have members, William A. Niskanen Jr. and Wil­ Report of the President, which is usually the competence to win the respect of liam Poole, as acting chairman. issued in January and is sure to be an im­ the Congress and the country and the A chairmanless Council of Economic Ad­ portant statement about a Reagan second visers is probably the best symbol of both term if the President is re-elected. Normal­ integrity to stand by their own princi­ President Reagan's well-known disdain for ly, Mr. Poole said, a detailed outline is fin­ ples. But does the President have the economists and Treasury Secretary Regan's ished by mid-October and a first draft by right to in effect suspend in limbo an distaste for Mr. Feldstein's advice and the Thanksgiving. This year this task will be agency created by the Congress? Does challenge to the Treasury Secretary's role begun without a chairman, and maybe even he have the right to do so to protect as chief economic adviser to the President. finished without one, acting or otherwise. his own reelection? Is the President What makes this treatment of the council I DON'T WANT ANYONE SHOCKED even more pointed is that the person ex­ right to deny that Agency an effective pected by many to be named acting chair­ Mr. Niskanen said he wanted to have an leader and in doing so deny it the au­ man, Mr. Niskanen, has been a long-time outline for the senior White House staff in thority and power to carry on their supporter of the President and would go out September. Again reflecting the difference statutory obligations, their principal of his way to keep the council out of the between himself and Mr. Feldstein, Mr. Nis­ function-the preparation of the Eco­ news and the White House's hair, before or kanen said: "I don't want the White House after the election. to have any surprises about what we are nomic Report? After all that report doing. I don't want anyone shocked or irri­ provides the blueprint for Govern­ Speaking of the role of the council since Mr. Feldstein left, Mr. Niskanen said of him tated." ment economic policy for the coming and Mr. Poole: "We are staying out of the For his part, Mr. Poole said, "It is a politi­ year. Here we have an agency without papers. That reflects my personal choice cal season and there is not much business a designated leader, an agency cut off and Bill's and the limited guidance we have being transacted, there are no major initia­ from speaking freely or effectively from the White House." tives being launched at this point." about the policy that represents the But Mr. Niskanen is as mystified as others He said the council was not being hurt by about why there is no acting chairman. "I the absence of a chairman, but he acknowl­ heart of its responsibility. There was edged that any agency is troubled when its never a time when the country more wish I knew," he said. "I am taking the inside actions that a top job is vacant. Mr. Poole, who has al­ earnestly needed an agency that could chairman takes and I am not even sure I ready announced plans to return to Brown give authoritative and official advice have the authority." University in January, said the vacancy now of some of the most competent and "It's an unusual circumstance for an will not mean any "permanent" damage to professional economic experts. But the agency not to have an acting head," he said the council. with more than a touch of understatement. Walter W. Heller, the chairman of the President of the United States has council in the Kennedy and Johnson Ad­ stilled its voice. "So I have looked for signals. They have not made a positive signal, but there have not ministrations, now an outside adviser to Mr. President, I ask unanimous con­ been negative signals either." Walter F. Mondale, Mr. Reagan's Democrat­ sent to have printed in the RECORD an Officially, the White House, through a ic opponent, said the absence of a chairman article from the New York Times of deputy spokesman, Marlin Fitzwater, said at the council "probably doesn't make much Thursday, August 30, 1984, by Jona­ that "we haven't focused on it and we difference in a Reagan administration, But than Fuerbringer, entitled "Whither haven't made any decision" on either find­ in the long run I think it is regrettable." the Council of Economic Advisers?" ing a new chairman or appointing an acting There being no objection, the article one. Officials said that finding a permanent LETTING THE AIR OUT OF A was ordered to be printed in the chairman might be difficult and that, in any BALLOONING BUDGET RECORD, as follows: case, a Senate confirmation hearing, which Mr. PROXMIRE. Mr. President, CThe New York Times, Aug. 30, 19841 would surely center on the Administration's economic policies, is not something to con­ Donald Lambro recently published in WHITHER THE COUNCIL OF ECONOMIC sider in a September before an election. the Washingtonian an article entitled ADVISERS? "I think it's unfortunate that the Presi­ "Who Says Government Spending dent doesn't have enough confidence in the Can't Be Cut?" He identifies 52 pro­ WASHINGTON, August 29.-When Martins. C.E.A. to designate an acting chairman," grams which should be cut, and says Feldstein, chairman of President Reagan's said Murray L. Weidenbaum, Mr. Reagan's that doing so would balance the Council of Economic Advisers, left the Gov­ first council chairman. "The very critical budget. ernment to return to Harvard in July, the role of the C.E.A. is the chairman dealing Although I do not agree with all of wind went out of the Council's sails. And with the President and the very senior members of the White House staff and the the specific cuts identified, and some the Reagan Administration is seeing to it cuts are double counted, Mr. Lambro that it remains becalmed. Troika and the chairman of the Federal Re­ The bespectacled Mr. Feldstein was the serve." does have hold of the right end of the economist who regularly irritated the Ad­ NO MORE BREAKFAST WITH VOLCKER stick. Next year, the Federal Govern­ ment will spend around $925 billion. ministration by using the platform of the Since Mr. Feldstein resigned, Mr. Nis­ council chairmanship to broadcast the kanen has represented the council at Cabi­ By taking a skeptical look at each and threat of huge Federal budget deficits and net meetings and has attended the break­ every program, we could cut spending the necessity of spending cuts and tax in­ fasts held by Secretary Regan that include by around $100 billion. creases to reduce the deficits. He was at­ the Administration's top economic advisers, What do I mean by a skeptical look? tacked by Larry Speakes, the White House referred to as the Troika. Examine the so-called economic devel­ spokesman, and by Treasury Secretary But, he said, he has not made the impor­ opment programs. Most were started Donald T. Regan, who suggested tearing up tant personal contacts that the chairman of in the 1960's, when economists talked the council's annual economic report this the council usually does. There is no more confidently about the stages of eco­ year. breakfast with the chairman of the Federal Now there is nary a discouraging word Reserve Board, Paul A. Volcker. And there nomic growth. They believed that if from the two remaining members of the are no contacts with leaders on Capitol Hill. the Government provided assistance three-member council, which as originally "Those are something I have just dropped," at certain key stages a region or a designed in 1946 was to be the main source Mr. Niskanen said. "That is the role of the country's economy could be propelled of economic advice for Presidents. chairman.'' into an economic "take off." Congress 24592 CONGRESSIONAL RECORD-SENATE September 7, 1984 swallowed these theories hook, line, one easily understood action-such as grams like the FBI, national parks, county and sinker and enacted a number of freezing COLA's-is so attractive to agents, the Foreign Service, and the Weath­ programs to provide such assistance. that committee. It is why a catchy er Bureau, he continued, and that leaves a We now know that these theories nickname for a budget resolution is a meager 8 cents out of each federal dollar. were bottled-in-bond malarkey. Econo­ necessity these days. But that's eaten up by grants to state and mists now admit that they do not local governments, aid to handicapped chil­ Mr. Lambro is dead right about the dren, and highway construction. Sure there know what causes an economy to budget containing a number of unnec­ is waste, sure there are programs that are "take off." Even more to the point, an­ essary or unjustifiable programs. But "unnecessary and ineffective, even crazy," alysts are finding more and more evi­ instead of going after those programs, but after acknowledging that, we cannot dence that development assistance Congress will probably impose some "escape those basic dimensions of federal hurts more than it helps. It does not kind of budget freeze and add a spending," Greider tell us. help the region which receives it while surtax. This approach will hurt the Greider is not alone in his myopic view of it hurts the rest of the country. needy while continuing tax and spend­ the budget. When Jimmy Carter's OMB di­ Yet Congress continues to support ing subsidies for the well-to-do. A rector, James Mcintyre, briefed reporters these programs. They may have lost on one of Carter's budgets, I remember him searching examination of every spend­ holding the thick budget book aloft and de­ an economic rationale but they have ing and tax program would be much developed a political constituency. claring with a perfectly straight face, " I've more fair but it would also be much looked through this budg~t again and again Multiply this example time and more difficult to do. Given the way for something I could cut without our coun­ again. Look at weapons systems which Congress operates, when fairness col­ try suffering adverse consequences, and I are obsolete before they go into pro­ lides with difficulty, fairness gets run can't find it." To this day I will never under­ duction-the B-1 bomber for example. over. stand why Mcintyre was not laughed off Do not forget the tax expenditures, Mr. President, I ask unanimous con­ the podium by the usually cynical White also known as loopholes, which are so sent that Mr. Lambro's article appear House press corps. obsolete that they are mouldy-the oil But he wasn't, of course because we have at this point in the RECORD. allowed our political leaders to con us into depletion allowance for example. There being no objection, the article Then apply the same test to pro­ thinking that everything Washington does was ordered to be printed in the with our money is vital and essential to our grams which are welfare for the well­ RECORD, as follows: to-do or which are useful but cannot national survival. More often than not, it WHO SAYS GOVERNMENT SPENDING CAN'T BE isn't. be afforded any longer. Do any of my CUT? The figures are grim. The federal debt colleagues doubt that we could find Revenue sharing: Thousands of well­ remain with state and local governments." until our budget is in better shape. Savings: heeled cities and towns such as oil-rich Stop the grants. Savings: $3 billion. $917 million. Dallas and jewel-drenched Palm Springs, <7> Military retirement: Military pensions 05) Bureau of the Census: The 1980 not to mention merely comfortable middle­ cost taxpayers $15 billion in 1982, $16.5 bil­ census needlessly squandered more than $1 class communities, are reaping billions of lion in 1983, and an estimated $17 billion in billion. Much of the census data it gath­ dollars from this no-strings-attached give­ 1984. As with other entitlements, indexing ered-for example, how many bathrooms, away program. Regardless of need, federal pensions for inflation has been a costly mis­ air conditioners, and telephones we have-is checks are being sent each year to 39,000 take, one that private pensions cannot used primarily by big business. This pro­ local governments. thousands of which de­ afford to provide. Eliminating yearly cost­ gram should be mothballed until 1990, when posit tidy budget surpluses in the bank or of-living adjustments could save an the next census can be conducted on a far regularly balance their budgets. The states estimated $650 million in fiscal 1984. less epic scale. Savings: $168 million. were expected to compile $60 billion in (8) Civil-service retirement: It was also a 06) National Oceanic and Atmospheric budget surpluses in fiscal 1985. The federal mistake to peg civil-service pensions to infla­ Administration: In addition to environmen­ government, meanwhile. must borrow the tion. Pensions have not only been rising tal satellites, fisheries, and oceanic research money to give it away. Eliminate it. Annual faster than federal pay but, again, are pro­ and development, NOAA runs the Weather savings: $4.6 billion. viding federal retirees an unjustified benefit Service and provides the shipping industry <2> Community-development block grants: their counterparts in the private sector do with charts and maps. The Reagan adminis­ Though originally designed to help only not have. Suspend the COLA. Estimated tration sought a modest reduction in its poor and low-income people, these grants savings in 1984: $880 million. budget. plus a program of fees for industries also have been heavily benefiting wealthy (9) Non-nuclear-energy research and de­ using its services. But there is no reason and middle-class cities and towns that are velopment: The Energy Department is sup­ why many of NOAA's lower-priority re­ more able to pay for their own community porting private-sector research on new fossil search projects cannot be postponed indefi­ development. Zero it out. Savings: $3.5 bil­ fuels, solar and geothermal technologies, as nitely. Significantly higher user fees than lion. well as energy conservation and storage. those proposed should be established to (3) Foreign aid: Uncle Sam spends nearly Meanwhile, spending on research and devel­ fund its most vital services, including the $12 billion a year on foreign assistance of all opment programs among US energy corpo­ Weather Service, which provides a valuable, kinds, much of which never reaches the rations is up, dwarfing the total federal marketable service to broadcasters and world's poor. In a time of fiscal crisis that effort. Thus, getting the government out of newspapers at very little cost. Estimated threatens the economic health and security this field will not significantly affect private savings: $500 million. of our nation, is it too much to suggest that energy R&D spending. Savings: nearly $1 <17) Nuclear-energy research: Ronald we reduce our foreign-aid expenditures by billion. Reagan wanted to shift these research and 50 percent until we get back on our feet eco­ 00) Economic Development Administra­ technology programs to the Commerce De­ nomically? I think not. Estimated savings: tion: There is very little evidence that EDA partment as part of a proposed dismantle­ $6 billion. grants to economically depressed areas have ment of the Energy Department, but that (4) Department of Education: A national significantly alleviated unemployment. idea went nowhere. A better idea would be a Roper public-opinion poll found that 83 per­ That nearly 80 percent of the country was moratorium on funding these projects, cent of those surveyed think education eligible for grants when President Reagan along with elimination of further funding should not be a function of the federal gov­ came into power shows how EDA had been for such programs as the Clinch River ernment. Despite more than three-quarters turned into the ultimate pork barrel. The Breeder Reactor. Encouraging the nuclear­ of a trillion dollars spent on federal aid to Reagan administration has emptied EDA's energy industry's development by streamlin­ education in the past ten years, test scores barrel considerably, but Congress continues ing federal regulatory policies would more have plummeted, a decline halted only in to pour in more money. Now it should be than make up for the government's with­ 1982. Clearly, the key to better education is sealed closed for good. Savings: $224 million. drawal from current R&D funding and not more money but better teaching. It is 01) Extension services: Maintaining ex­ would set nuclear energy on a free-enter­ equally clear that the Department of Edu­ tension offices in every county in America is prise basis to begin meeting our energy cation, whose grants provide less than 7 per­ a vestige of a bygone era when we were a needs for the future. Savings: $815 million. cent of all elementary and secondary educa­ heavily agricultural country and communi­ 08) Urban Development Action Grants: tion expenditures in the US, cannot produce cation was still in its infancy. Today, with a UDAG gives grants to communities to subsi­ good teaching. Education, including higher declining farm population, these county of­ dize commercial developments and thus education, is a state and local responsibility. fices are turning to servicing non-farm con­ "create jobs." But government audits and I would abolish the entire department with stituencies with advice and literature on my own investigations reveal that in many the exception of its approximately $1-bil­ lawns, backyard gardening, hobbies, and cases UDAG-subsidized developments were lion-a-year expenditures for the handi­ home economics. Shut them down. Savings: committed to be built anyway. Moreover, capped, which I would double. Savings: $14 $332 million. UDAG money is being used to build ritzy billion. 02) Maritime Administration subsidies: hotel complexes and upper-income housing (5) Bureau of Indian Affairs: The BIA es­ This program has been subsidizing the US projects. Derail this gravy train. Savings: sentially duplicates existing federal health, shipping industry for nearly 50 years, but $440 million. education, welfare, and job programs being with little effect on our decaying maritime 09) Social Security: Indexing Social Secu­ provided to non-Indians. It is hard to find a fleet. If US commerce is being shipped on rity for inflation, which in large part has more scandal-ridden program, most of cheaper foreign flagships, so much the contributed to its past insolvency, can no whose resources are consumed by an over­ better for our trade costs. Vigorous deregu­ longer be afforded. The 7.4 percent cost-of­ paid, bloated bureaucracy. If BIA's budget lation, not more federal subsidies. is needed living adjustment granted in 1982 cost tax­ were simply divided up among America's to make our maritime industry competitive payers a crushing $15 billion. If the 5.7 per­ 340,000 Indian families, many of whom are with the rest of the world. Savings: $400 cent COLA for 1983 had been eliminated, it not poor by any means, it would be enough million. would have saved an estimated $9.8 billion. 24594 CONGRESSIONAL RECORD-SENATE . September 7, 1984 Estimated savings for fiscal year 1984: $4.4 lock system, and billions doled out to subsi­ longer tours of duty, a cutback in unneces­ billion. dize state and local highway-safety pro­ sary travel costs and recreational facilities, <20) Military pay: The military payroll is grams have not curbed the fatality rate. In­ pay and pension reforms, plus other man­ costing taxpayers about $40 billion a year. creased gas costs, the 55-miles-per-hour na­ agement changes, auditing provisions, and Annual raises and promotions continue to tional speed limit, changing driving habits, a spending cuts. Estimated savings: between push the figure higher. It is certainly rea­ more exercise-conscious population, a crack­ $10 and $20 billion. sonable to ask our well-paid military person­ down on drunk drivers by local authorities, (31) Step up the collection of $38 billion in nel to take a pay freeze in order to help re­ among other things, have done much more delinquent loans and other long-overdue store this country's economic security. Mil­ to reduce highway fatalities. For all its payments out of the $250 billion now owed lions of people in the private sector have bumper bashing, research, and costly regu­ to the federal government. done so. Estimated savings: Nearly $2 bil­ lations and recalls, the NHTSA has accom­ (32) Cut $1.5 billion from the abuse-ridden lion. plished little, if anything. The enforcement $3.5 billion Farmers Home Administration <21) Civilian pay: Federal civil-service pay­ of local highway-safety laws is not Washing­ loan program. checks will total nearly $60 billion this fiscal ton's responsibility. Close the agency and in­ (33) Save $289 million by mandating work­ year. As with the military it is difficult to stitute a federal highway-assistance bonus fare for welfare recipients able to work. justify giving further pay increases while system that would significantly reward (34) Withhold $300 million from the civil­ the government continues to run severely states with lower per-capita highway acci­ defense program, a collection of make-work high deficits. Civilian federal workers can dents and fatalities. Savings: $200 million. activities of dubious effectiveness and value. take comfort in knowing that whatever hap­ <27> Occupational Safety and Health Ad­ <35) Eliminate $700 million spent to run pens to the economy, most of them will ministration: If performance means any­ the US Employment Service, which ineffec­ have job security, an incomparable pension, thing in government programs anymore, tively competes with private and other local early retirement, plus other benefits not then surely this agency is a failure. Despite government-employment services. available in the real world. Estimated sav­ billions spent on a huge bureaucracy, this <36) Cut $300 million from the Agriculture ings: $2.6 billion. program has had little effect on work-place Department's yearly $460 million research <22> Consultants: Uncle Sam spends about accidents, the large proportion of which are program. $4 billion annually on consultants, better due to carelessness and inexperience. <37) Reduce the $11.5 billion highway-as­ known in Washington as "Beltway Bandits." OSHA's work-place inspectors should be sistance program by a modest $1 billion. Congressional hearings and investigations, eliminated, and its worker-health programs (38) Pick up about $800 million a year in internal audits, and GAO reports have consolidated into the Environmental Protec­ various Coast Guard user fees from com­ shown that much of what the government is tion Agency, which should have the respon­ mercial vessels and private yacht and boat buying in the way of consulting reports, sibility for handling serious occupational owners. studies, program evaluations, and a range of health problems caused by chemicals or <39> Phase out $500 million in school­ other consultant services is of little or no other substances. Savings: $216 million. lunch subsidies for middle-class and wealthy value. A 50 percent reduction would hurt <28) Grants-in-aid: Grants to state and schoolchildren, but preserve the reduced­ only the make-work specialists. Estimated local governments have increased from $7 price and free lunch programs for the savings: $2 billion. billion in 1960 to more than $90 billion needy. <23> Military commissaries: With better today. But as we have seen with revenue (40) Roll back the budgets of the Depart­ military pay, it is no longer necessary-if it sharing, there's no money to share. An ments of state, Justice, Interior, and Labor ever was-to provide cut-rate groceries and across-the-board reduction of $10 billion in to fiscal 1981 levels for a savings of $8.4 bil­ other goods at military commissaries for our grants-in-aid would still leave an $80 billion lion. active-duty and retired defense personnel. pot that could be more efficiently turned (41) Curb the Veterans Administration's The stores should be eliminated except in over to the states and localities through $24.8 billion budget by a modest $2 billion, remote areas. Savings: $850 million. block grants. Savings: $10 billion. including ending payments to veterans with <24> Postal Service: The elimination of (29) National Science Foundation: Several "10 percent disability." Saturday mail delivery was suggested by the years ago, then-senator Henry Bellman of (42) Postpone $225 million in building and Carter administration, but the idea died Oklahoma shocked NSF officials by asking maintenance projects by the General Serv­ after heavy lobbying from postal employees. them at an oversight hearing what would ices Administration. It is still a good idea. Of course, the govern­ happen if Congress decided to "totally end" (43) Cut $1 billion from the Environmen­ ment's monopoly on first-class mail delivery NSF's funding for five years. The officials tal Protection Agency's $2.4 billion in yearly should be broken, opening up the business were so surprised that anyone would even construction-project grants. to the private sector, as Federal Trade Com­ suggest such a thing that they asked to re­ <44) Slash $1 billion from overfunded fed­ mission chairman James Miller has wisely spond in writing. They predicted all sorts of eral housing programs. The government is suggested. In the meantime, taxpayer subsi­ bad things for enlightened research, but the already obligated to spend $363 billion on dies for the ever-inefficient Postal Service true answer, of course, is that America housing programs, and of that amount, as can and should be reduced. Eliminating Sat­ would survive. Although NSF is Congress's of mid-1983, an awesome $263 billion had urday delivery is a good place to start cutting favorite sacred cow, the agency has not pro­ not yet been spent. "If Congress did not costs. Estimated savings: $588 million. duced many stunning scientific break­ commit another single dollar to housing," <25) Corporate welfare: There is, accord­ throughs. De-funding this agency would says Senator Bill Armstrong of Colorado, ing to an internal analysis in the Office of hardly end scientific research in the United "another 300,000 units are already author­ Management and Budget, an estimated $30 States. On the contrary, much of the work ized to be provided by 1988." At present, billion in "corporate welfare" scattered it subsidizes would go forward under the housing assistance is going to 13 million throughout the budget, much of it buried in auspices of universities and corporations Americans in 5.6 million housing units. off-budget accounts. It runs the gamut from and dozens of other federal-research pro­ <45) Phase out all farm subsidies-costing credits and subsidies to trade assistance, grams. Even with NSF's demise, the govern­ taxpayers $21 billion in fiscal 1983-that loans, loan guarantees, federally backed in­ ment would still be spending $43 billion a prop up commodity prices at artificial levels surance policies, and other forms of federal year on research and development. Savings: in order to keep an over-abundance of crop assistance for a variety of industries-from $1.3 billion. and dairy farmers in business. Meanwhile, travel agents to aircraft merchants. Uncle (30) Defense spending: There is room for government warehouses are bulging with Sam's corporate sugar daddies include the substantial cuts in the Pentagon's expendi­ produce for which billions more are spent in Export-Import Bank, the Small Business tures without gutting the strength of our storage costs. Eliminating the subsidies and Administration, the Rural Electrification armed forces. Those who oppose spending target prices would allow farm products to Administration, the Synthetic Fuels Corpo­ restraint in the Pentagon argue that it is reach real market levels, and thus make ration, the Overseas Private Investment impossible to cut the defense budget in the America's food more competitive on the Corporation, and many more. If Congress short run, except in the areas of pay and. world market. were to do nothing more than eliminate or benefits, because of long-term contractual <46) Scale down the National Aeronautics substantially curb many of these unneces­ obligations. Yet I believe we can make rela­ and Space Administration's $7 .2 billion sary expenditures, it could make a major tively modest cuts that lead to a tighter, annual budget by $1 billion, and require pri­ dent in the budget deficit. tougher, and more efficient military ma­ vate investors and foreign governments to <26> National Highway Traffic Safety Ad­ chine. Many contracts now in the Pentagon pay more for the use of the space shuttle ministration: Anyone who has taken even a pipeline can be renegotiated to reduce or and other NASA facilities and services. cursory glance at the highway death toll in stretch out some procurement levels. Sub­ <47> Save an estimated $1 billion by de­ the last decade knows that this agency has stantial savings can be achieved through se­ claring a temporary moratorium on all on­ been a joke. Years of costly research, ex­ lective base closings, more competitive pro­ going Army Corps of Engineers public­ periments with the ill-fated seat-belt inter- curement practices, service consolidations, works construction projects. September 7, 1984 CONGRESSIONAL RECORD-SENATE 24595 <48) Close down these non-essential feder­ The shock of a sudden withdrawal of feder­ Nebraska's contribution was to pro­ al agencies: the Federal Trade Commission, al funds from hundreds of subsidies and vide leadership, through the efforts of the Civil Aeronautics Board, the Interstate grants-in-aid programs and the resultant former Senator George Norris, which Commerce Commission, the National En­ spurt of unemployment among federal, dowment for the Arts, the National Endow­ state, and local bureaucracies would have a demonstrated that consumers could ment for the Humanities, the Legal Services serious effect. provide themselves with electricity at Corporation, the Securities and Exchange But it can be done through a prudent, a savings if they had access to invest­ Commission, the Federal Election Commis­ multi-year program of gradual spending re­ ment capital at a reasonable cost. The sion, and the Corporation for Public Broad­ ductions and program eliminations. All that system of publicly owned public power casting. Savings: $978 million. is requried is leadership, determination, po­ districts and REA's in Nebraska is <49) Eliminate the government's $!-bil­ litical courage, and a national will to bring unique among the 50 States and Ne­ lion-a-year press and public-relations oper­ the federal budget into balance with its ations, including all promotional filmmak­ income-and thus allow America to regain braska's electric power consumers con­ ing, broadcasting, and publishing activities­ the full health and vigor needed for future tinue to reap the benefits through except in areas vital to human health and economic growth and prosperity. low-cost electric power. safety. Mr. PROXMIRE. Mr. President, I S. 1300 would continue to assure <50) Cut at least $1 billion of the bureauc­ sparsely populated areas the capital racy's $9 billion-a-year transportation bill yield the floor. required to meet the increasing need through a moratorium on all nonessential for electricity as agricultural technolo­ and low-priority out-of-town travel, substi­ ROUTINE MORNING BUSINESS gy progresses. This is of vital interest tuting teleconferencing wherever possibie. <51) Raise up to $10 billion by selling un­ The ACTING PRESIDENT pro tem­ to the maintenance of an abundant needed federal properties, buildings, and pore. Under the previous order, there food supply at reasonable cost to the unused equipment. will now be a period for the transac­ Nation's consumers. (52) Eliminate the scandal-plagued Small tion of routine morning business for Passage of the bill was virtually as­ Business Administration, which has helped not to extend beyond the hour of 11 sured when 53 Members of the Senate fewer than 1 percent of the nation's small a.m., with statements therein limited recently sent a letter to Senate Major­ businesses. Reducing business tax rates to 5 minutes each. ity Leader HOWARD BAKER, urging would do far more to help America's small­ prompt consideration on the Senate business community than a program ten floor. In spite of what appears to be times the size of SBA. Savings: $576 million. THE REA IS ONE OF THE All of this totals more than $200 billion in GREATEST SUCCESS STORIES assured passage-the bill has already potential spending cuts and budget savings, LAUNCHED BY ANY GOVERN­ passed the House of Representatives and exceeds the present yearly deficit. MENT by a vote of 283 to 111-the adminis­ And the spending cuts and savings I have tration persists in its attempt to block listed cover only a relatively small number Mr. ZORINSKY. Mr. President, in it. of potential programs, agencies, and ex­ the recent September edition of Read­ As much as I view the worth of penditures where budget reductions can be er's Digest there appeared an article Reader's Digest and its monthly arti­ achieved. A fuller examination of spending entitled "Power Play on the Potomac." programs would yield much larger savings. cles of interest, I consider setting its The point that they serve to make, however, While conceding that "the REA is one private editorial views against public is that the budget is not some monolithic of the greatest success stories and cooperative consumer electric fiscal entity that defies control. Even among launched by any government," the re­ power interests to be out of step with entitlement programs, I do not propose cut­ mainder of its contents consisted of a the Nation's overall economic concerns ting benefits, but simply placing a moratori­ diatribe against electric power con­ and welfare. um on future cost-of-living raises until the sumers served by consumer owned and To further explain the need for government can slash the deficit, catch its operated electric power generating and fiscal breath, and give the economy a much­ action on this legislation, I am re­ distribution systems including rural questing that a letter which was sent needed boost by allowing it to nurture itself electric cooperatives, and by inference on the newly freed savings that would to all Members of the Senate on June become available. telephone systems eligible for loans 5 by Senators ANDREWS, COCHRAN, True, my list contains some controversial through the Rural Electric Adminis­ HUDDLESTON, and myself be inserted in spending reductions. Yet it eliminates the tration. Not the least of its impact is the RECORD following these remarks. deficit without touching some of the gov­ the impugning of the integrity of Con­ Also, Mr. President, I ask unanimous ernment's biggest and most costly social gress and the supporters of S. 1300. programs, such as food stamps, aid to de­ Certainly the Reader's Digest is a consent to insert in the CONGRESSIONAL pendent children, Medicare, and Medicaid, widely read and appreciated publica­ RECORD following my remarks a copy and other major components of the social tion for its articles of diverse interest of the letter of Mr. Bob Bergland, ex­ safety net for the needy. It does not weaken from a variety of publications. In this ecutive vice president, National Rural our basic defense, nor does it weaken ap­ connection, however, it is interesting Electric Cooperative Association writ­ plied medical research. ten in response to the Reader's Digest What my list seeks to do is to show that to note that the article on S. 1300 is the magazine's own invention. The article. the budget is filled with many expenditures There being no objection, the mate­ that are not vital to the health and safety author has previously written critical and defense of our nation-spending that reviews of the REA program. It is not rial was ordered to be printed in the can be cut. Non-essential agencies can be surprising, therefore, that he persists RECORD, as follows: zeroed out. Automatic cost-of-living adjust­ in his efforts. NATIONAL RURAL ELECTRIC ments can be withheld. Low-priority ex­ We cannot ignore the fact that when COOPERATIVE ASSOCIATION, penditures, unproductive research, and no­ Washington, DC, August 31, 1984. strings-attached grants to undeserving com­ President Roosevelt created the Rural The EDITOR, munities can be reduced or eliminated. Electric Administration by Executive Reader's Digest So Ed Dale is wrong. The federal govern­ order in 1935, the country's farm and Pleasantville; NY. ment's budget could be balanced in one or rural areas were unlit, and living con­ DEAR SIR: I am writing to express very two years, if we really wanted to do it that ditions were primitive. What has hap­ strong objection to the overall tone and spe­ quickly, without harming the sick, the old, pened since is a success story of monu­ cific content of the article "Power Play on the poor, the jobless, the search for a cure mental proportions from which the the Potomac" which appears in the Septem­ for cancer, national security, or our efforts entire Nation has greatly benefited. ber, 1984, edition of your magazine. to clean up the environment. On the other More efficient food production, lower With the sole exception of the statement hand, it probably wouldn't be very prudent on page 126 attesting to the success of rural to undertake so Herculean a task in one or food costs, and increased demand for electrification, ". . . the REA is one of the two years. After all, it took decades for the goods and services provided by local greatest success stories launched by any government to become this fat, and it would businesses and city factories have government," the article is among the most be dangerous to the nation's health to at­ made an immense contribution to the biased and misleading reports on the rural tempt to shed that many pounds so quickly. expansion of the national economy. electric program ever published. The article 24596 CONGRESSIONAL RECORD-SENATE September 7, 1984 is in large measure nothing more than an scribed above, all segments of the utility in­ both the Digest, and it readers, that much updated version of the same discredited ac­ dustry are benefiting from Federal assist­ poorer. cusation against REA which appeared in ance, I really do not understand how Feder­ Sincerely, your December, 1963 issue, under the title al dollars would be saved by transferring BOB BERGLAND, "The REA-A Case Study of Bureaucracy these facilities from a cooperative to a Executive Vice President. Run Wild." power company. The similarities should come as no sur­ What is really unfair, however, is your COMMITTEE ON AGRICULTURE, prise, however, since the author of the 1984 failure to reveal that the majority of rural NUTRITION, AND FORESTRY, diatribe, Eugene H. Methvin, was co-author electric systems still serve areas with less Washington, DC, June 5, 1984. of the 1963 article. We noted also that the than five consumers per mile-rural areas DEAR COLLEAGUE: The Committee on Agri­ co-author of the 1963 article, Kenneth 0. by anyone's definition. Nor do you bother to culture, Nutrition, and Forestry has sched­ Gilmore, was recently named Editor-in­ mention that the investor-owned utilities uled a markup of S. 1300-the Rural Electri­ Chief of the magazine and therefore, we are still largely uninterested in serving the fication and Telephone Revolving Fund assume, must share responsibility for ·the co-op territories, as evidenced by the recent Self-Sufficiency Act of 1983-for June 7. We content and timing of the current article. refusal of the Public Service Company of are confident that the Committee will order I really do not understand why you have Oklahoma to consider purchase of the the bill reported at that time, clearing the chosen this particular time to renew your Choctaw Electric Cooperative because of way for action by the Senate. There are se­ violent opposition to the REA program. the difficult territory served by the coopera­ rious and complex problems facing the rural Rural electrification leaders across the tive. electrification and telephone programs that, country have voluntarily drafted and urged Also notably absent from your article is in the absence of legislation, will get pro­ Congress to enact legislation electric cooperatives are paying interest vides financing for rural utilities, from be­ as support for your anti-REA philosophy, rates of from two to six times what they did coming insolvent. S. 1300 and a companion but fail to disclose that the CBO informed a decade ago, and that the REA interest bill, H.R. 3050, were introduced in May of Congress on June 28, 1984, that enactment rates would be raised even further by S. 1983. Forty-six Senators are sponsors of S. of S. 1300 will result in the U.S. Treasury re­ 1300. For REA guaranteed loans, which con­ 1300, and the House of Representatives ap­ ceiving about $11-billion more in REA loan stitute the largest portion of our Federal proved H.R. 3050 by a vote of 283 to 111 on repayments over the next 25 years than borrowing, we pay the full cost of funds to March 1 of this year. would be the case if S. 1300 were defeated, the government plus one-eighth of one per­ Although the legislation has received as is urged in your article. cent. Right now, this amounts to about 12% strong bipartisan support in the House and Nor do I unders.tand why you have singled the Senate, opponents of the REA programs out the rural electric segment of the electric percent; all told, our average cost of capital is now close to 10 percent. would have you believe that S. 1300 simply utility industry for criticism when, in fact, provides an unnecessary subsidy for rural very substantial Federal assistance in some The record of the rural electrification pro­ gram for loan repayment is somewhere be­ America rather than an essential service. form flows to all segments of that industry. We are concerned that the serious and com­ Investor owned utilities benefit by about $4- tween 99.9 and 100 percent. In our judg­ ment, electric cooperatives have demon­ plex problems facing the rural electrifica­ billion per year through the special treat­ tion and telephone programs-problems ment they receive under the Internal Reve­ strated a singularly high level of public re­ sponsibility and a unique record of regard that are addressed in the legislation-are nue Code for investment tax credits, acceler­ being ignored by its opponents. ated depreciaiton and deferred taxation of for the tax paying public. This peerless record of financial responsibility has not Further, rather than offering viable alter­ reinvested common stock dividends. Munici­ natives, some opponents have attacked the pal and other public-owned utilities have been achieved without substantial sacrifice by the consumers of electric cooperatives, integrity of the individuals and organiza­ the power to issue instruments of debt on tions who have worked to develop a respon­ which the interest is exempt from federal however, who currently pay retail rates which, on average, exceed those of investor­ sible solution to the problems facing the income tax. This reduces their cost of fi­ rual electrification and telephone programs. nancing, but also reduces revenue to the owned companies by 14 percent. This fact also is unfortunately omitted from your ar­ Among those criticized by opponents are U.S. Treasury. three former administrators of REA who We fully understand and have not argued ticle. Looking back on the tremendous chal­ have dedicated their careers, under both Re­ against the assistance received by the inves­ publican and Democratic administrations, to tor and public owned utilities. We believe lenge and struggle that has been involved in bringing reliable electric utility service to providing electric and telephone service in the evidence is clear that they need this rural areas. subsidy if they are to remain financially rural America, recognizing the enormous We want to set the record straight on sev­ viable and meet the power needs of their strides the electric cooperatives have made eral points. consumers at affordable rates. But consider in the past twelve years in reducing their the fact that electric cooperatives serve an dependence on Federal assistance, and con­ CONVERSION OF DEBT TO EQUITY AND average of only five consumers per mile of sidering the fact that S. 1300 will close even INCREASING INTEREST RATES line interest rates on REA loans that would ad­ It is true that population growth has caused Three years ago Congress was confronted versely affect utility rates and needed in­ some of the service areas of a small number with the evidence that from 25,000 to vestment or, most likely, both. It must be of cooperatives to become non-rural in char­ 100,000 children a year were victims of pa­ emphasized that skyrocketing interest rates, acter. However, even cooperatives serving rental kidnappings, as cited in Proposed not the management of the revolving fund, areas that once were rural but are now de­ Federal Parental Kidnapping Prevention adversely affected the fund's viability. veloped have consumer density far less than Act: Hearings on S. 105 Before the Subcom­ S. 1300 resolves the problem by converting the average investor-owned utility. And, be­ mittee on Child and Human Development of the $7 .9 billion from an accounts payable li­ cause these systems have experienced fast the Senate Comm. on Labor and Human Re­ ability beginning in 1993 to a Government and recent growth, they tend to have a sources, 96th Cong., 2d Sess. 5 0980). Only equity, similar to the way that convertible great need for new capital. The utility rates a small percentage of most children were bonds are converted to stock. The Federal charged by these systems would be severely ever reunited with their searching parents. Government will continue to maintain full To deter child-snatching and to locate ab­ control of its investment in the REA revolv­ affected without the REA programs. ducting parents and missing children, Con­ ing fund at all times and Congress could at Although the challenge of bringing elec­ gress passed the Parental Kidnapping Pre­ any time liquidate the Federal Govern­ tric and telephone service to rural areas has vention Act of 1980. Despite Congress's good ment's investment. been successfully met by REA programs, intentions, according to many attorneys S. 1300 also eliminates the fixed 2 and 5 the job of REA is far from completed. Like across the country, most of the act as en­ percent rates of interest for loans made other utility systems, such as those in large acted and enforced has proven to be of little from the revolving fund and provides a for­ cities, where utility services have been de­ value to the victimized custodial parent. mula that will allow the fund to vary its veloped for decades, rural utility systems The PKPA basically provides for FBI as­ rate of interest on future loans to reflect continue to need financing to update facili­ sistance in states where child-snatching is a more accurately the fluctuations of market ties and replace obsolete equipment, extend felony, a computerized "Parental Locater interest rates. The Congressional Budget service to new customers, and repair dam­ Service" to provide information regarding Office analysis indicates that the interest aged equipment. Without a viable REA re­ the location of abducting parents and miss­ rates charged for loans under S. 1300 will volving fund, as provided under S.1300, for ing children, and interstate enforcement of eventually increase so as to equal the Treas­ many rural utilities there will be no invest­ child custody judgments. The act represents ury's cost of borrowing. ment for the future and rural utility rates Congress's first attempt at involvement in S. 1300-by strengthening the capital bale will have to be increased to prohibitively interstate child custody disputes of this of the REA revolving fund and providing for high levels. nature. Such matters had previously been flexibility in setting interest rates-will In short, S. 1300 is sound and necessary left to the states. make the fund permanently self-sustaining. legislation that merits your support. program in the EC-3699. A communication from the gen­ the licensing of child day care provid­ Department of the Interior; to the Commit­ eral counsel of the Securities and Exchange ers, establishing a clearinghouse for tee on Energy and Natural Resources. Commission, transmitting, pursuant to law, information with respect to criminal EC-3687. A communication from the revisions to a Privacy Act system of records; records of employees of day care cen­ Chairman of the U.S. Nuclear Regulatory to the Committee on Governmental Affairs. Commission, transmitting pursuant to law, a EC-3700. A communication from the As­ ters, and establishing a hotline for re­ report of the nondisclosure of safeguards in­ sistant Attorney General As a condition for receiving care services, or by an employee of a provid­ ters. It does ask, however, that we any funds under this title, a State must er of such services. The State must provide make certain that our children are have in effect a program under which- follow-up investigation of each such allega­ safe and are given the best opportuni­ "( 1) the State will require the licensing tion in accordance with standards estab­ and monitoring of all providers of child day lished by the Secretary under regulations. ty for healthy development. This legis­ care services in accordance with the stand­ "O> There is established an 'Advisory lation will not require the implementa­ ards established by the Secretary pursuant Panel on Child Protection', hereafter in this tion of major change by centers or to subsection ; section referred to as the 'Panel'. The Panel States. They can implement these "(2) the State will provide information to shall consist of 13 members as follows: guidelines for the benefit of our chil­ the Secretary with respect to all individuals "(A) four members appointed by the dren with only minor changes in their providing child day care services or em­ President, one of whom shall be designated present structure. Those that do not ployed by providers of child day care serv­ as the Chairman; feel that our children are worth this ices, and with respect to all individuals con­ "(B) four members appointed by the extra protection do not need to receive victed of child abuse, child molesting, or Speaker of the House of Representatives; similar crimes, in accordance with subsec­ "(C) four members appointed by the funding for social service programs. tion ; and President pro tempore of the Senate the Secretary of Health and Human Mr. President, I strongly believe we or similar acts committed by any individual Services, ex officio. can expediently provide a system that providing child day care services or by any "(2) It shall be the duty of the Panel to is in the best interest of our children. employee of a provider of child day care advise the Secretary with respect to the services, in accordance with subsection (d). standards and guidelines issued under this The Secretary of the Department of "(b)(l) The Secretary shall by regulation section, and to propose any recommenda­ Health and Human Services, along establish standards and guidelines for State tions for changes in such standards and with the National Advisory Panel, cre­ licensing and monitoring of providers of guidelines which may be appropriate. ated by this legislation, can develop child day care services. Such standards and "(3) Members of the Panel who are not guidelines that will work toward the guidelines shall assure the safety, health, employees of the United States shall be ap­ benefit of our children. This panel will and developmental potential of children pointed without regard to the provisions of help our Nation respond to this des­ while receiving child day care services, and title 5, United States Code, governing ap­ perate situation. These leaders of shall promote the social, emotional, physi­ pointments in the competitive service, and child day care and representatives of cal, and cognitive growth of such children shall be compensated at a per diem rate es­ while receiving such services. The standards tablished by the Secretary for each day the amount set forming arts rights given by section out its functions.". forth opposite the name of each such indi­ 8(e) of such act to employers and em­ EFFECTIVE DATE vidual in full settlement of all claims of ployees in similarly situated indus­ SEc. 3. The Secretary of Health and each such individual against the United tries, and to give employers and per­ Human Services shall promulgate all regula­ States for damages arising in connection with the flooding of certain lands as the formers in the performing arts the tions required under section 2008 of the same rights given by section 8(f) of Social Security Act within 90 days after the result of the unnecessary release of excess date of the enactment of this Act. amounts of waters from the Stockton Dam such act to employers and employees (b) The requirements of section 2008 of and Reservoir during the period from No­ in the construction industry. and for the Social Security Act shall apply to States vember 1972 through June 1974, at which other purposes. time such dam and reservoir were in oper­ beginning 180 days after the date of the en­ s. 1360 actment of this Act. ation under the control of the United States Army Corps of Engineers. At the request of Mr. HART, the By Mr. EAGLETON: (b) The individuals referred to in subsec­ name of the Senator from Connecticut S. 2974. A bill for the relief of R. tion and the amounts of money due each [Mr. DODD] was added as a cosponsor Dean Dawes and others; to the Com­ such individual are as follows: of S. 1360, a bill to establish a grant mittee on the Judiciary. R. Dean Dawes of Stockton, Mis- program to provide for a centralized souri...... $2, 700.00 system of child care information and RELIEF OF R. DEAN DA WES AND OTHERS Harlen Chism of Stockton, Mis- referral. e Mr. EAGLETON. Mr. President, I souri ...... 6,596.00 am today introducing a bill to author­ Ray and Clara Pinkman of s. 2770 ize payment of $100, 753 to a group of Stockton, Missouri...... 4,211.00 At the request of Mr. MELCHER, the Missouri property owners who suf­ Perrin Masters of Stockton, Mis- name of the Senator from North Caro­ fered damage to their land, crops, and souri ...... 2,394.00 lina [Mr. HELMS] was added as a co­ equipment caused by the release of Ray M. Pinkman of Stockton, sponsor of S. 2770, a bill to protect Missouri...... 3,819.00 water by the U.S. Army Corps of Engi­ A.W. Spillers of El Dorado consumers and franchised automobile neers from the Stockton Dam and Springs, Missouri...... 3,500.00 dealers from unfair price discrimina­ Reservoir in Stockton, MO. Hester E. Simrell of Stockton, tion in the sale by the manufacturer Despite the corps' public admission Missouri...... 2,200.00 of new motor vehicles, and for other that the damaging flood resulted from G .E. Amick of El Dorado purposes. its own gross miscalculation of down­ Springs, Missouri...... 3,200.00 s. 2914 stream channel capacity. these proper­ T.M. Montgomery of Stockton, Missouri...... 3,087.00 At the request of Mr. DOLE, the ty owners were denied recovery on the T.M. and Berla Montgomery of name of the Senator from Iowa [Mr. ground of sovereign immunity. Nor Stockton, Missouri ...... 190.00 GRASSLEY] was added as a cosponsor of were they able to make a taking case A.C. and Virginia I. Montgomery S. 2914, a bill to amend the Internal under the fifth amendment because of Stockton, Missouri...... 4,500.00 Revenue Code of 1954 to provide for the courts have held that there must Irene Larson of Aurora, Missouri the establishment of enterprise zones, be evidence of a permanent or recur­ and Virginia Montgomery of and for other purposes. ring flood threat. Stockton, Missouri ...... 7. 796.00 That left only one recourse and that Ruby Dean Leffler of Stockton, Missouri...... 4,982.00 NOTICES OF HEARINGS was to seek relief through Congress. Edward C. and Frances Pyle of In August 1976, I introduced a bill to Stockton, Missouri ...... 1,545.00 SUBCOMMITTEE ON PUBLIC LANDS AND RESERVED authorize payment of the claimed Gilbert and Pansy Pyle and WATER damages. Under a Senate resolution Ronnie and Kay Pyle of Stock- Mr. WALLOP. Mr. President, I the matter was referred to the U.S. ton, Missouri...... 4,422.00 would like to announce for the infor­ Court of Claims for adjudication. Gilbert and Ronnie Pyle of mation of the Senate and the public Now, 8 years after that referral and Stockton, Missouri...... 11,458.00 that the hearing regarding S. 2916, S. almost 12 years from the date of the Lageta Cowan of Stockton, Mis- souri ...... 3,200.00 2032, and H.R. 5426, bills relating to initial flooding, the court has recom­ Swangel Estate of Stockton, Mis- Colorado wilderness, which was previ­ mended that "in fairness and good souri...... 12,123.00 ously scheduled for Tuesday, Septem­ conscience," these landowners be com­ W.H. Eslinger of Stockton, Mis- ber 11 at 9 a.m., has been postponed pensated for their losses in the aggre­ souri...... 5,668.00 until Tuesday, September 18, begin­ gate amount of $100,753. This settle­ J.C. Eslinger of Stockton, Mis- ning at 9:30 a.m. in room SD-366 of ment has been agreed to by the De­ souri ...... 5,668.00 the Dirksen Senate Office Building. partment of Justice and, even though Max A. and Betty Lee Smith of Stockton, Missouri...... 310.00 For further information regarding it represents less than a third of the this hearing you may wish to contact original amounts claimed, by the af­ Lat and Zella Lee Smith of Stockton, Missouri ...... 384.00 Mr. Tony Bevinetto of the subcommit­ fected property owners. Riley Carver of El Dorado tee staff at 224-5161. Mr. President, justice for these prop­ Springs, Missouri...... 6,800.00 erty owners has already been denied SEC. 2. No part of each amount appropri­ too long. I want to urge the Senate to ated in this Act in excess of 10 per centum ADDITIONAL STATEMENTS act promptly in writing an end to their thereof shall be paid or delivered to or re­ unhappy travail. I ask unanimous con­ ceived by any agent or attorney on account sent that the full text of my bill be of services rendered in connection with this SENATOR PROXMIRE'S printed at this point in my statement. claim, any contract to the contrary notwith­ TENACITY There being no objection, the bill standing. A violation in this section is a mis­ demeanor punishable by a fine in an e Mr. MOYNIHAN. Mr. President, was ordered to be printed in the am the Secretary of the ginia [Mr. BYRD] was added as a co­ President Reagan actively supports Treasury is authorized and directed to pay, sponsor of S. 281, a bill to amend the Senate action to approve the treaty, out of any money in the Treasury not other­ National Labor Relations Act to give and one may reasonably expect that wise appropriated, to each of the individuals employers and performers in the per- the Genocide Convention could be September 7, 1984 CONGRESSIONAL RECORD-SENATE 24603 ratified in a matter of a few weeks full Senate for its consent, and in so will be associating myself with his remarks time. doing has established a comprehensive on that subject. He has my full support. Yet though this process may seem to record, an unprecedented one, in sup­ It is long overdue for the Senate to take be swift, in fact this would constitute action on the issue the Senator has just port thereof. raised. only the conclusion to what may well Seventeen years later, Senator Mr. PROXMIRE. I thank the distin­ be the lengthiest consideration ever PROXMIRE has prevailed. The Presi­ guished Senator from Oregon. He is a great given by the United States to an inter­ dent actively supports the Genocide friend of human rights. I know that he has national commitment. Convention. It is a testament to a re­ felt for many years that action should have In the aftermath of World War II, markable Senator. I salute and con­ been taken on these matters a long time the newly created General Assembly gratulate BILL PROXMIRE. ago. of the United Nations adopted, on De­ I ask to have printed in the RECORD cember 9, 1948, a convention to make at this point the text of Senator PRox­ INTERNATIONAL CONVENTION ON THE PREVEN­ the mass killing of national, racial, MIRE's speech to the Senate of Janu­ TION AND PuNISHMEN';l' OF THE CRIME OF ethnic or religious groups a crime ary 11, 1967, and the text of President GENOCIDE under international law. It was Truman's original message submitting early years of the United Nations. As­ throughout the world have ratified this THE WHITE HOUSE, sistant Secretary of State Ernest A. basic human rights convention. June 16, 1949. Gross signed the treaty for the United But the United States of America has not To the Senate of the United States: States, on December 11, 1948, and ratified it. The President favors its ramifica­ With a view to receiving the advice and President Truman sent it to the tions, but properly says it is up to the consent of the Senate to ratification, I Senate on June 16, 1949. It was an al­ Senate. The Senate has failed, again and transmit herewith a certified copy of the together straightforward and, to my again, to act. The Senate's failure to act has convention on the prevention and punish­ become a national shame. ment of the crime of genocide, adopted mind, unobjectionable proposition: unanimously by the General Assembly of The United States should formally In 1963, the President of the United States sent to the Senate three other the United Nations in Paris on December 9, commit itself to the prevention and human rights conventions. For 4 long years, 1948, and signed on behalf of the United punishment of genocide. Yet while the the Senate has failed to act on these trea­ States on December 11, 1948. Senate Foreign Relations Committee ties. The character of the convention is ex­ has on several occasions reported the What would the treaties do? plained in the enclosed report of the Acting treaty to the full Senate with a favor­ One would outlaw human slavery. Secretary of State. I endorse the recommen­ able recommendation, the only Senate One would prohibit forced labor. dations of the Acting Secretary of State in One would guarantee the political rights his report and urge that the Senate advise debate on the issue, in 1974, ended in and consent to my ratification of this con­ stalemate before a vote could be of women. Mr. President, the Senate has failed the vention. taken. Nation and the world on these vital human In my letter of February 5, 1947, transmit­ The matter might have died of ne­ rights proposals. ting to the Congress my first annual report glect, and long been forgotten over the I serve notice today that from now on I on the activities of the United Nations and years, save for the perseverance of one intend to speak day after day in this body to the participation of the United States there­ man who has kept the Genocide Con­ remind the Senate of our failure to act and in, I pointed out that one of the important vention alive as a matter of public of the necessity for prompt action. achievements of the General Assembly's debate: Senator WILLIAM PROXMIRE of Also, I expect to do all that I can to work first session was the agreement of the mem­ Wisconsin. in behalf of human rights groups through­ bers of the United Nations that genocide out the Nation to bring to the attention of constitutes a crime under international law. In an extraordinary demonstration the Senate the deep interest and widespread I also emphasized that America has long of tenacity and commitment to a cause support of the Nation for these proposals. been a symbol of freedom and democratic in which he has firmly believed, Sena­ Mr. PELL. Mr. President, will the Senator progress to peoples less favored than we tor PROXMIRE has spoken on the floor from Wisconsin yield? have been and that we must maintain their of the Senate in favor of ratification Mr. PROXMIRE. I yield. belief in us by our policies and our acts. of the Genocide Convention every Mr. PELL. I should like to raise my voice By the leading part the United States has single day on which the Senate has in complete and full support of the words taken in the United Nations in producing an been in session since January 11, 1967. just uttered by the Senator from Wisconsin. effective international legal instrument out­ It is long past due that we approve these lawing the world-shocking crime of geno­ Only 15 current Members were Sena­ conventions, and I am very glad indeed that cide, we have established before the world tors on that day when BILL PROXMIRE the Senator from Wisconsin is undertaking our firm and clear policy toward that crime. first came to the floor to speak of the to make this effort. By giving its advice and consent to my rati­ importance of the United States ac­ Mr. PROXMIRE. I thank the distin­ fication of this convention, which I urge, ceeding to the Genocide Convention­ guished Senator from Rhode Island. I cer­ the Senate of the United States will demon­ and Senators HOWARD BAKER, CHARLES tainly cherish and appreciate his support, as strate that the United States is prepared to PERCY, ERNEST HOLLINGS and MARK he is a member of the Committee on For­ take effective action on its part to contrib­ HATFIELD were attending their first eign Relations. ute to the establishment of principles of law Mr. MORSE. Mr. President, will the Sena­ and justice. day in session as Senators. tor from Wisconsin yield? HARRY S. TRUMAN. Since then, in a series of almost Mr. PROXMIRE. I yield. Report of the Acting Sec­ 3,000 floor statements, Senator PRox­ Mr. MORSE. Let me say to the Senator retary of State, (2) certified copy of conven­ MIRE has daily reiterated his commit­ that when he gives his daily speeches on tion on the prevention and punishment of ment to bringing this treaty before the this subject, he will be speaking for me. I genocide.> 24604 CONGRESSIONAL RECORD-SENATE September 7, 1984 DEPARTMENT OF STATE, than 2 years of thoughtful consideration genocide is a crime under international law. Washington, DC. and treatment in the United Nations, as the In this article the parties undertake to pre­ The PRESIDENT, following important steps in its formulation vent and to punish the crime. The White House. demonstrate: Article II specifies that any of the follow­ I have the honor to transmit to you a cer­ The initial impetus came on November 2, ing five acts, if accompanied by the intent to tified copy of the convention on the preven­ 1946, when the delegations of Cuba, India, destroy, in whole or in part, a national, eth­ tion and punishment of the crime of geno­ an'd Panama requested the Secretary-Gener­ nical, racial, or religious group, constitutes cide, adopted unanimously by the General al of the United Nations to include in the the crime of genocide: Assembly of the United Nations in Paris on agenda of the General Assembly an addi­ Killing members of the group; December 9, 1948, with the recommendation tional item: the prevention and punishment Causing serious bodily or mental harm that it be submitted to the Senate for its of the crime of genocide. The Assembly re­ to members of the group; advice and consent to ratification. f erred the item to its Sixth Deliberately inflicting on the group The convention defines genocide to mean tee for study. conditions of life calculated to bring about certain acts, enumerated in article II, com­ At its fifty-fifth plenary meeting on De­ its physical destruction in whole or in part; mitted with the intent to destroy, in whole cember 11, 1946, the Assembly adopted, (d) Imposing measures intended to pre­ or in part, a national, ethnical, racial, or re­ without debate and unanimously, a draft vent births within the group; and ligious group, as such. These acts are dis­ resolution submitted by its Legal Commit­ Forcibly transferring children of the cussed below. tee. This resolution, referred to above, af­ group to another group. The basic purpose of the convention is the firmed that "genocide is a crime under This article, then, requires that there prevention of the destruction of a human international law." It recommended interna­ should be a specific intent to destroy a group as such. The first resolution of the tional cooperation with a view to facilitating racial, religious, national, or ethnical group General Assembly on this subject, 96(1), the prevention and punishment of genocide, as such in whole on in part. With respect to adopted unanimously by the members of and, to this end, it requested the Economic this article the United States representative the United Nations on December 11, 1946, and Social Council of the United Nations to on the Legal Committee said: succinctly pointed out that- undertake the necessary studies to draw up "I am not aware that anyone contends "Genocide is a denial of the right of exist­ a draft convention on the crime. that the crime of genocide and the crime of ence of entire human groups, as homicide is Pursuant to this resolution a draft con­ homicide are one and the same thing. If an the denial of the right to live of individual vention on genocide was prepared by the ad individual is murdered by another individ­ human beings." hoc Committee on Genocide in the spring of ual, or indeed by a government official of a The resolution also pointed out that geno­ 1948, under the chairmanship of the United state, a crime of homicide has been commit­ cide shocks the conscience of mankind, re­ States representative on this committee. ted and a civilized community will punish it sults in great losses to humanity and is con­ This draft was again discussed by the Eco­ as such. Such an act of homicide would not trary to moral law. Of course, homicide also nomic and Social Council in July and in itself be an international crime. To repeat is shocking, results in losses to humanity August 1948 in Geneva, and then in the the opening language of the resoluton of and is contrary to moral law. The distinc­ Legal Committee of the General Assembly the General Assembly of December 1946, tion between those two crimes, therefore, is at its third regular session in Paris, where "genocide is a denial of the right of exist­ not a difference in underlying moral princi­ again the United States delegation played ence of entire human groups." This remains ples, because in the case of both crimes, moral principles are equally outraged. The an important role in the formulation of the the principle on which we are proceeding. distinction is that in homicide, the individ­ draft convention. "However, if an individual is murdered by ual is the victime; in genocide, it is the On December 9, 1948, the General Assem­ another individual, or by group whether group. bly unanimously adopted the convention to composed of private citizens or government The General Assembly declared in this outlaw genocide, which was signed by the officials, as part of a plan or with the intent resolution that the physical extermination United States 2 days later. When signing, to destroy one of the groups enumerated in of human groups, as such, is of such grave the United States representative said, in article 2, the international legal crime of and legitimate international concern that part: genocide is committed as well as the munici­ civilized society is justified in branding "I am privileged to sign this convention on pal-law crime of homicide." genocide as a crime under international law. behalf of my Government, which has been The destruction of a group may be caused The extermination of entire human groups proud to take an active part in the effort of not only by killing. Bodily mutilation or dis­ impairs the self-preservation of civilization the United Nations to bring this convention integration of the mind caused by the impo­ itself. The recent genocidal acts committed into being. sition of stupefying drugs may destroy a by the Nazi Government have placed heavy "The Government of the United States group. So may sterilization of a group, as burdens and responsibilities on other coun­ considers this an event of great importance may the dispersal of its children. tries, including our own. The millions of dol­ in the development of international law and Article III of the convention specifies that lars spent by the United States alone on ref­ on cooperation among states for the pur­ five acts involving genocide shall be punish­ ugees, many of them victims of genocide, pose of eliminating practices offensive to all able. These five genocidal acts are- and the special immigration laws designed civilized mankind." The crime of genocide itself; to take care of such unfortunates illustrate Genocide is a crime which has been perpe­ (b) Conspiracy to commit genocide; how genocide can deeply affect other states. trated by man against man throughout his­ Direct and public incitement to commit On September 23, 1948, Secretary of State tory. Although man has always expressed genocide; Marshall stated that- his horror of this heinous crime, little or no Attempt to commit genocide; and " Governments which systematically disre­ action had been taken to prevent and (e) Complicity in genocide. gard the rights of their own people are not punish it. The years immediately preceding The parties agree, in article IV, to punish likely to respect the rights of other nations World War II witnessed the most diabolical­ guilty persons, irrespective of their status. and other people and are likely to seek their ly planned and executed series of genocidal In article V the parties undertake to objectives by coercion and force in the inter­ acts even before committed. This time there enact, "in accordance with their respective national field." was to be more than mere condemnation. A constitutions", the legislation necessary to It is not surprising, therefore, to find the feeling of general repulsion swept over the implement the provisions of the convention. General Assembly of the United Nations world, and the following the war manifested The convention does not purport to require unanimously declaring that genocide is a itself in the General Assembly's resolution any party to enact such legislation other­ matter of international concern. of December 1946. It is this resolution to wise than in accordance with the country's Thus, the heart of the convention is its which the Legal Committee gave full con­ constitutional provisions. recognition of the principle that the preven­ tent by providing the General Assembly Article VI makes it clear that any person tion and punishment of genocide requires wit}} a legal instrument designed not only to charged with the commission of any of the international cooperation. However, the prev~nt genocidal acts but also to punish five genocidal acts enumerated in article III convention does not substitute international the guilty. shall be tried by a court of the state in responsibility for state responsibility. It The genocide convention contains 19 arti­ whose territory the act was committed, or leaves to states themselves the basic obliga­ cles. Of these, the first 9 are of a substan­ by such international penal tribunal as may tion to protect entire human groups in their tive character, and the remaining 10 are have jurisdiction with respect to those right to live. On the other hand it is de­ procedural in nature. states accepting such jurisdiction. Thus, the signed to insure international liability The preample is of a general and histori­ commission in American territory of genoci­ where state responsibility has not been cal nature. dal acts would be tried only in American properly discharged. Article I carries into the convention the courts. No international tribunal is author­ The convention was carefully drafted and, concept, unanimously affirmed by the Gen­ ized to try anyone for the crime of genocide. indeed, represents the culmination of more eral Assembly in its 1946 resolution, that Should such a tribunal be established, September 7, 1984 CONGRESSIONAL RECORD-SENATE 24605 Senate advice and consent to United States by nationals of the complaining state in vio­ Genocide; ratification of any agreement establishing it lation of principles of international law, and Conspiracy to commit genocide; would be necessary before such an agree­ shall not be understood as meaning that a Direct and public incitement to commit ment would be binding on the United state can be held liable in damages for inju­ genocide; States. ries inflicted by it on its own nationals." (d) Attempt to commit genocide; By article VII the parties agree to extra­ The remaining articles are procedural in Complicity in genocide. dite, in accordance with their laws and trea­ nature. By article XIV the convention is to ARTICLE IV be effective for an initial period of 10 years ties, persons accused of committing genoci­ Persons committing genocide or any of dal acts; none of such acts is to be consid­ from the date it enters into force, and there­ ered a political crime for the purpose of ex­ after for successive periods of 5 years with the other acts enumerated in article III tradition. The United States representative respect to those Parties which have not de­ shall be punished, whether they are consti­ on the Legal Committee, in voting in favor nounced the convention by written notifica­ tutionally responsible rulers, public officials of the convention on December 2, 1948, said: tion to the Secretary-General of the United or private individuals. "With respect to article VII regarding ex­ Nations at least 6 months before the expira­ ARTICLE V tradition. I desire to state that until the tion of the current period. The Contracting Parties undertake to Congress of the United States shall have en­ Article XV provides that if there are less enact, in accordance with their respective acted the necessary legislation to implement than 16 parties to the convention, as a Constitutions, the necessary legislation to the convention, it will not be possible for result of denunciations, the convention give effect to the provisions of the present the Government of the United States to sur­ shall cease to be in force from the effective Convention and, in particular, to provide ef­ render a person accused of a crime not al­ date of the denunciation which reduces the fective penalties for persons guilty of geno­ ready extraditable under existing laws." number of parties to less than 16. cide or of any of the other acts enumerated Existing United States law provides for Article XVI authorizes any party to re­ in article III. quest revision of the convention, by notifi­ extradition only when there is a treaty ARTICLE VI therefor in force between the United States cation in writing to the Secretary-General and the demanding government. Only after of the United Nations. The General Assem­ Persons charged with genocide or any of Congress has defined, and provided for the bly shall decide upon the steps, if any, to be the other acts enumerated in article III punishment of, the crime of genocide, and taken in respect of such request. shall be tried by a competent tribunal of the It is my firm belief that the American State in the territory of which the act was authorized surrender therefor, will it be pos­ committed, or by such international penal sible to give effect to the provisions of arti­ people together with the other peoples of the world will hail United States ratification tribunal as may have jurisdiction with re­ cle VII. spect to those Contracting Parties which Article VIII recognizes the right of any of this convention as another concrete ex­ party to call upon the organs of the United ample of our repeatedly affirmed determi­ shall have accepted its jurisdiction. Nations for such action as may be appropri­ nation to make the United Nations the cor­ ARTICLE II ate under the Charter for the prevention nerstone of our foreign policy and a work­ Genocide and the other acts enumerated and suppression of any of the acts enumer­ able institution for international peace and in article III shall not be considered as polit­ ated in article III. This article merely af­ security. ical crimes for the purpose of extradition. firms the right of the United Nations to call Respectfully submitted. The Contracting Parties pledge them­ upon an organ of the United Nations in JAMES E. WEBB, selves in such cases to grant extradition in matters within its jurisdiction. Acting Secretary. accordance with their laws and treaties in Article IX provides that disputes between ARTICLE VIII application, or fulfillment of the conven­ Any Contracting party may call upon the tion, including disputes relating to the re­ CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE competent organs of the United Nations to sponsibility of a state for any of the acts take such action under the Charter of the enumerated in article III, shall be submitted The Contracting Parties, United Nations as they consider appropriate to the International Court of Justice, when Having considered the declaration made for the prevention and suppression of acts any party to a dispute so requests. by the General Assembly of the United Na­ of genocide or any of the other acts enumer­ On December 2, 1948, in voting in favor of tions in its resolution 96(1) dated 11 Decem­ the genocide convention the representative ber 1946 that genocide is a crime under ated in a.rticle III. of the United States made the following international law, contrary to the spirit and ARTICLE IX statement before the Legal Committee of aims of the United Nations and condemned Disputes between the Contracting Parties the General Assembly: by the civilized world; relating to the interpretation, application or "I wish that the following remarks be in­ Recognizing that at all periods of history fulfillment of the present Convention, in­ cluded in the record verbatim: genocide has inflicted great losses on hu­ cluding those relating to the responsibility "Article IX provides that disputes be­ manity; and of a State for genocide or for any of the tween the contracting parties relating to the Being convinced that, in order to liberate other acts enumerated in article III, shall be interpretation, application,· or fulfillment of mankind from such an odious scourge, inter­ submitted to the International Court of Jus­ the present convention, 'including those re­ national co-operation is required, tice at the request of any of the parties to lating to the responsibility of a state for Hereby agree as hereinafter provided: the dispute. genocide or any of the other acts enumer­ ARTICLE I ARTICLE X ated in article III,' shall be submitted to the The Contracting Parties confirm that The present Convention, of which the International Court of Justice. If 'responsi­ genocide, whether committed in time of Chinese, English, French, Russian and bility of a state' is used in the traditional peace or in time of war, is a crime under Spanish texts are equally authentic, shall sense of responsibility to another state for international law which they undertake to bear the date of 9 December 1948. injuries sustained by nationals of the com­ prevent and to punish. plaining state in violation of principles of ARTICLE XI international law and similarly, if 'fulfill­ ARTICLE II The present Convention shall be open ment' refers to disputes where interests of In the present Convention, genocide until 31 December 1949 for signature on nationals of the complaining state are in­ means any of the following acts committed behalf of any Member of the United Na­ volved, these words would not appear to be with intent to destroy, in whole or in part, a tions and of any non-member State to objectionable. If, however, 'responsibility of national, ethnical, racial or religious group, which an invitation to sign has been ad­ a state' is not used in the traditional sense as such: dressed by the General Assembly. and if these words are intended to mean Killing members of the group; The present Convention shall be ratified, that a state can be held liable in damages Causing serious bodily or mental harm and the instruments of ratification shall be for injury inflicted by it on it own nationals, to members of the group; deposited with the Secretary-General of the this provision is objectionable and my Gov­ Deliberately inflicting on the group United Nations. ernment makes a reservation with respect to conditions of life calculated to bring about After 1 January 1950 the present Conven­ such an interpretation." its physical destruction in whole or in part; tion may be acceded to on behalf of any In view of this statement, I recommend Imposing measures intended to pre­ Member of the United Nations and of any that the Senate give its advice and consent vent births within the group; non-member State which has received an in­ to ratification of the convention "with the Forcibly transferring children of the vitation as aforesaid. understanding that article IX shall be un­ group to another group. Instruments of accession shall be deposit­ derstood in the traditional sense of responsi­ ARTICLE III ed with the Secretary-General of the United bility to another state for injuries sustained The following acts shall be punishable: Nations. 24606 CONGRESSIONAL RECORD-SENATE September 7, 1984

ARTICLE XII ARTICLE XIX Certified true copy. Any Contracting Party may at any time, The present Convention shall be regis­ For the Secretary-General: by notification addressed to the Secretary­ tered by the Secretary-General of the KERNO, General of the United Nations, extend the United Nations on the date of its coming Assistant Secretary-General application of the present Convention to all into force. in charge of the Legal Department.• or any of the territories for the conduct of For Afghanistan: whose foreign relations that Contracting For Argentina: Party is responsible. For Australia: Herbert Evatt, December THE BUREAU OF JUSTICE STA­ 11, 1948. TISTICS AND THE NATIONAL ARTICLE XIII For the Kingdom of Belgium: On the day when the first twenty instru­ For Bolivia: Adolfo Costa du Reils, 11 Dec. INSTITUTE OF JUSTICE ments of ratification or accession have been 1948. •Mr. HATCH. Mr. President, I join deposited, the Secretary-General shall draw For Brazil: Joao Carlos Muniz, 11 Decem­ with my distinguished colleague, Sena­ up a proces-verbal and transmit a copy ber 1948. tor BIDEN, in supporting the continued thereof to each Member of the United Na­ For the Union of Burma: tions and to each of the non-member States For the Byelorussian Soviet Socialist Re­ independence of the Nation's criminal contemplated in article XI. public: justice statistics and research agen­ The present Convention shall come into For Canada: cies-the Bureau of Justice Statistics force on the ninetieth day following the For Chile: Con la reserva que requiere and the National Institute of Justice. date of deposit of the twentieth instrument tambien la aprobacion del Congreso de mi This is not the first time that I have of ratification or accession. pais, H. Arancibia Lazo. spoken out on this issue. In January of Any ratification or accession affected sub­ For China: sequent to the latter date shall become ef­ For Colombia: this year, when we passed S. 1762, I fective on the ninetieth day following the For Costa Rica: expressed my interest then in finding deposit of the instrument of ratification or For Cuba: a way to preserve the independence of accession. For Czechoslovakia: BJS and NIJ. I did so because this is ARTICLE XIV For Denmark: far more than a mere technical issue. For the Dominican Republic: J E Bala­ The present Convention shall remain in This is, instead, a classic instance of guer, 11Dec.1948. form dictating function. effect for a period of ten years as from the For Ecuador: Homero Viteri Lafronte, 11 date of its coming into force. Diciembre de 1948. If the criminal statistics and re­ It shall thereafter remain in force for suc­ For Egypt: Ahmed Moh, Krachaba, 12-12- search agencies have a measure of in­ cessive periods of five years for such Con­ 48. dependence from the Department of tracting Parties as have not denounced it at For El Salvador: Justice and the Department's oper­ least six months before the expiration of For Ethiopia: Aklilou, 11December1948. ational crime fighting mission, these the current period. For France: Robert Shuman, 11Dec1948. Denunciation shall be effected by a writ­ agencies will be better able to produce For Greece: statistics and research products that ten notification addressed to the Secretary­ For Guatemala: General of the United Nations. For Haiti: Castel Demesmin, Le 11 De- have both the substance and the ap­ ARTICLE XV ciembre 1948. pearance of objectivity. As an exam­ If, as a result of denunciations, the For Honduras: ple, BJS, in a very real sense, gives the number of Parties to the present Conven­ For Iceland: public a report card on the function­ tion should become less than sixteen, the For India: ing of the Department of Justice. To Convention shall cease to be in force as For Iran: allow the Department of Justice to from the date on which the last of these de­ For Iraq: control BJS would be very much like nunciations shall become effective. For Lebanon: For Liberia: Henry Cooper, 11/12/48. allowing a student to fill out his own ARTICLE XVI For the Grand Duchy of Luxembourg: report card. Moreover, if independent, A request for the revision of the present For Mexico: Luis Padilla Nervo, Dec. 14, these agencies will be in a better posi­ Convention may be made at any time by 1948. tion to give priority to research and any Contracting Party by means of a notifi­ For the Kingdom of the Netherlands: statistics efforts than if they are con­ cation in writing addressed to the Secretary­ For New Zealand: trolled by an agency whose primary General. For Nicaragua: mission is operational. The General Assembly shall decide upon For the Kingdom of Norway: Finn Moe, Nothing that has happened in the 5 the steps, if any, to be taken in respect of Le 11 Decembre 1948. such request. For Pakistan: Zafrulla Khan, Dec. 11, '48. years that these agencies have operat­ ed under the JSIA structure gives an ARTICLE XVII For Panama: R.J. Alfaro, 11 Diciembre 1948. indication that we have reason to The Secretary-General of the United Na­ tions shall notify all Members of the United For Paraguay: Carlos A. Vasconsellos, Di­ change their structure. Indeed, BJS Nations and the non-member States con­ ciembre 11, 1948. and NIJ have established a fine record templated in article XI of the following: For Peru: F. Berckemeyer, Diciembre 11/ of accomplishment ·and success. The 1948. Department's reasons for proposing to Signatures, ratifications and accessions For the Philippine Republic: Carlos P. received in accordance with article XI; Romulo, December 11, 1948. change the structure of these agen­ Notifications received in accordance For Poland: cies-coordination and efficiency­ with article XII; For Saudi Arabia: have already been addressed in our The date upon which the present Con­ For Siam: amendments to H.R. 2175. vention comes into force in accordance with For Sweden: I think it is very important that at article XIII; For Syria: Denunciations received in accordance this time we send a signal to the Amer­ For Turkey: ican public that this Congress is truly with article XIV; For the Ukrainian Soviet Socialist Repub­ The abrogation of the Convention in lic: serious about protecting the country accordance with article XV; For the Union of South Africa: from crime. Therefore, it is important for the relief of Benja­ two leaders against whom no time lim­ make his presentation on the history min B. Doeh. itation will apply. of the Senate, and that at the conclu­ The PRESIDING OFFICER. Is The PRESIDING OFFICER. With­ sion of his remarks, the Senate will there objection to the request of the out objection, it is so ordered. recess then until Monday. Senator from Tennessee? Mr. BAKER. Mr. President, it is my Mr. President, I yield the floor. There being no objection, the Senate understanding that the minority Mr. BYRD. Mr. President, I thank proceeded to consider the bill. leader is prepared today to add an­ the majority leader for his accommo­ The bill the flag shall not be utilized or dis­ himself from the service of the Senate with­ The resolution (S. Res. 438) was played for commercial purposes. out leave; agreed to. Senators who leave the Senate may retain Whereas, pursuant to section 703Ca> and The preamble was agreed to. their flags subject to the preceding restric­ 704(a) of the Ethics in Government Act of The resolution, with its preamble, tions. 1978, 2 U.S.C. 288b and 288c <1982), the Senate may direct its counsel to defend reads as follows: Mr. BAKER. Mr. President, I move the members of the Senate with respect to S. RES. 438 to reconsider the vote by which the· any subpoena or order relating to their offi­ Whereas, the Subcommittee on Alcohol­ resolution was agreed to. cial responsibilities; Now, therefore, be it ism and Drug Abuse of the Committee on Mr. BYRD. I move to lay that Resolved, That the Senate Legal Counsel Labor and Human Resources wishes to file motion on the table. is directed to represent Senator Mathias in an application in the United States District The motion to lay on the table was connection with the subpoena for his testi­ Court for the District of Columbia for a writ agreed to. mony in the case of State of Maryland v. of habeas corpus ad testificandum to State Vivian Platsky David-Michel, Crim. No. of Florida authorities to bring Eugene 605027D3, and also to represent any other Edward Morris, a witness, who is in the cus­ member, officer, or employee of the Senate tody of Florida correctional authorities, to REPRESENTATION BY SENATE to whom a subpoena is issued in this pro­ Washington, District of Columbia, for ques­ ~GAL COUNSEL ceeding. tioning by the subcommittee; Mr. BAKER. Mr. President, on Mr. BAKER. Mr. President, I move Whereas, pursuant to section 708 of the behalf of myself and the distinguished to reconsider the vote by which the Ethics in Government Act of 1978, 2 U.S.C. minority leader, I send to the desk a resolution was agreed to. § 288g <1982), the Senate may direct the resolution and ask for its immediate Mr. BYRD. I move to lay that Senate Legal Counsel to perform such motion on the table. duties consistent with the purposes and lim­ consideration. itations of title VII of the Ethics in Govern­ The PRESIDING OFFICER. The The motion to lay on the table was ment Act of 1978 as the Senate may direct: clerk will report. agreed to. Now, therefore, be it The legislative clerk read as follows: Resolved, That the Senate Legal Counsel A resolution directing the agreed to. McC. MATHIAS, JR., in response to a Senat~ legal counsel t? represent the Sub­ Mr. BAKER. Mr. President, that subpoena seeking his testimony in the ?omm1t~e~ on Al~ohollsm and Drug Abuse concludes the action on matters that case of State of Maryland v. Vivian 1 ~ .obtammg a writ of habeas corpus ad tes­ were cleared by unanimous consent on Platsky David-Michel, Crim. No. tif1candum. this side. Once again, I thank the mi­ 605027D3, now pending in the District The ~R~SIDING OFFICER. Is nority leader for his consideration and Court for Montgomery county, MD. there obJection to the request of the cooperation in these matters. The resolution further permits the Senator from Tennessee? Mr. President, there will be no roll­ Senate Legal Counsel to represent any There being no ?bjection, the s.enate call votes in the Senate today. other member, officer, or employee of proceeded to consider tl~e resolution. Mr. President, I thank the minority the Senate to whom a subpoena is Mr. ~AKER. Mr. Pre~ident, the Sub­ leader for his cooperation. issued in this proceeding. The case in- committee on Alcohollsm and Drug Mr. BYRD. Mr. President, I thank volves alleged bomb threats made by Abuse of the Committee on Labor and the distinguished majority leader for the defendant on several occasions to Human Resources wishes to apply to his cooperation. employees of the Social Security Ad- the U.S. Di~trict Court for the District Mr. President, let the record show ministration. Senator Mathias has no of Columbia for a writ of habeas that I will be happy to yield to any direct or indirect knowledge about this corpus ad te~tifi~and.um. The p~rpose Senator who wishes recognition to matter; at his request the Senate of the appllcation is to obtam the speak. Legal Counsel will assert all privileges pre~ence of 3: Florida State prisoner Mr. President, today I make my 70th to which he is entitled in this proceed- ~or mterro.gatio~ by the subcommittee speech on the U.S. Senate. Today's ing. m connection with scheduled hearings. speech is entitled "Profiles of New The PRESIDING OFFICER. The Committees of the Senate and Deal Senators." question is on agreeing to the resolu- House have requested and obtained tion. many such writs over the years, the THE UNITED STATES SENATE The resolution Huey Long with international issues. He later sponsored. Just as a historical foot­ did from 1929 until he went to the became head of the Office of War Mo­ note, I should mention that Rose_Mc­ Senate in 1931. Even then, he concen­ bilization, and then became Secretary Connell Long later succeeded her hus­ trated power in his own hands to an of State under Harry Truman. band in the United States Senate, and unprecedented degree, taking control Even after James Byrnes retired that a dozen years later their son, of the various state administrative from federal service he was not done. Russell Long, our own very beloved commissions and skillfully using his The voters of South Carolina elected colleague, was also elected to the patronage powers to whip them into him their governor. It was truly a re­ Senate. They are the only father­ line. Under Governor Long, Louisiana markable career. "In retrospect," he mother-son team ever to have served schoolchildren received free textbooks, wrote, "I think I enjoyed most my in the history of this institution. an extensive system of paved high­ service in the United States Senate. After he married, Huey Long was ways was built, and taxes on the There I was engaged in the consider­ able to borrow enough funds to attend state's oil and gas industries were in­ ation of every phase of our national Tulane Law School for 9 months, creased to pay for his programs. Con­ life-our foreign affairs as well as our during which he managed to master servative opposition to Long rallied in domestic problems. Present always was enough law to pass the state bar ex­ the state legislature and the state the incentive that comes from accom­ amination. H~ practiced law first in plishment. There was independence of his hometown of Winnfield, and then House of Representatives voted to im­ action, and there was the pleasure of in the larger Shreveport. "Always my peach their governor, but Long rallied competing with men who displayed cases in court were on the side of the his supporters in the Senate and de­ good sportsmanship and whose friend­ small man-the under-dog," Long re­ feated the attempt to remove him ship enriched my life." In later years, called proudly. "I had never taken a from office. Huey Long also took his despite the high drama of his career in case against a poor man and have not case directly to the people, effectively the judicial and executive branches, done so to this day." Huey had a popu­ using the radio to build public support Jimmie Byrnes confided to a friend: "I list tinge to him from the start, and at and elect his own candidates to the would give all I own to be back in the the age of twenty-two he led a fight state legislature. After the failed im­ United States Senate."1 against a new state law limiting the peachment attempt, Long took a HUEY P. LONG: THE "OUTSIDER" money a worker could receive from his tougher stand against his opponents. Huey Long and James Byrnes were employer if injured on the job. Long "I used to try to get things done by both Southern Democrats, men who took his case to the state Senate and saying 'please,'" he said. "That didn't could charm an audience, large or spoke in its behalf. The bill eventually work and now I'm a dynamiter. I dyna­ small, with their humor and their elo­ passed, but Huey Long did not gather mite 'em out of my path." quence, but were ever two Senators a positive impression of the legisla­ Governor Long's handling of the more different? James Byrnes toiled ture. "It was my first time to have Louisiana legislature presented an away in committee, while Huey Long seen a legislature in session," he ob­ amazing spectacle. He attended com­ resigned his committee memberships. served. "The formalities, mannerisms, mittee meetings to tell the legislators Byrnes operated in the cloakrooms, kow-towing, and easily discernible in­ what he wanted, sometimes asserting building coalitions and beguiling his sincerities surrounding all of the af­ himself in a dominant manner. Long opposition. Long operated on the fairs of the session were, to my mind would then be present in legislative Senate floor, confronting his opposi­ ... disgusting." chambers, shouting instructions to his tion, mocking it, goading, driving it Young Huey Long was eager to get floor leaders. Once, under his direc­ into a rage. Byrnes was the Senate into politics, but was underage to run tion, the state Senate passed forty­ "Insider"; Huey the great "Outsider.~· for most state offices. Then he discov­ f our bills in a two hour period. His op­ His audience was not on the floor but ered that, by oversight, no minimum ponents called him a dictator, but in the galleries and beyond, over the age had been set for state railroad Long's behavior had the approval of national radio networks and through commissioner. He threw his hat into the voters. During that terrible period the press. the ring and carried on a colorful cam­ of depression, they wanted strong Huey Pierce Long was born in Winn paign by automobile, still a rarity in leadership, and Long was offering it. Parish, Louisiana in 1893. It was a elections in 1918. He won the race, and At the legislative session in 1931, the poor, upland county, out-of-step with immediately began to shake up the opposition succeeded in defeating the rest of the state on many issues. In state's establishment. Long's plans for a more extensive 1861, delegates from Winn Parish re­ As commissioner, Long lit out after highway program. Long responded . fused to support the state's secession the Standard Oil Company and other that he would take the issue to the from the Union, and Huey's grandfa­ large corporations, which were exploit­ people as a candidate for the United ther, along with others from the ing the petroleum wealth of the state States Senate. If elected, he explained, parish, refused to serve in the Confed­ but not bearing their share of the tax he would remain at his job as governor erate army. They opposed the "aristo­ burden. He also campaigned to limit long enough to put the highways cratic" Confederate government. In the power of the utility companies and under construction and assure that the 1890's, when Huey was born, Winn force them to lower their rates. On the work would be finished even if it was a hotbed of populism. It also gave the strength of these popular issues, required that the Senate seat be a large vote to the Socialist party and Long ran for governor when just vacant for several months. In this . elected Socialists to local and munici­ thirty years old. He lost, but polled an fashion, he converted a campaign for pal posts. impressive share of the vote for rela­ the U.S. Senate into a plebiscite on Young Huey was brash and dynamic. tive newcomer to statewide politics. No concrete highways. In 1930, Huey He excelled as a debater and took an sooner had the ballots been counted Long was elected to the United States early interest in politics. But family fi­ for that losing race, however, than Senate. The Senate did not meet until nances took a downturn and Huey was Huey Long began running for gover­ December 1931, however, and even unable to use the small scholarship he nor in the 1928 election. This time, he then Long lingered in Baton Rouge, had received to attend Louisiana State spoke out vigorously all over the state, running his state before turning the University. Instead he became a door- ridiculing his opposition, promising nominal leadership over to his succes- 24614 CONGRESSIONAL RECORD-SENATE September 7, 1984 sor, Alvin King. Huey Long was not tual effort I could put forth, if I The media of that day referred to sworn in as a Senator until January should see my children starving and the resignation from committees as a 1932, two months after the 72nd Con­ my wife starving, the laws against rob- foolhardy thing to do. Actually it gress had begun. bing and stealing . . . would not suited Long's plan very well, because it Unlike James Byrnes, who believed amount to any more to me than they left him free to spend a great deal in keeping quiet and learning rules, would to any other man, when it came more time on the Senate floor where Huey Long came to the Senate deter­ to facing the time of starvation." In- he was constantly a factor to consider. mined to break with tradition and use stead of balancing the budget they More conservative Senators did not the floor of the Senate to project his should be talking about redistributing worry at first about Huey Long. "We further ambitions. Long's difference the wealth, Long declared, and he pro- always have a wild man," one Senator with his senior Senator, Edwin Brous­ posed higher income and inheritance remarked. "We let him blow off sard, was unusual, to say the least. taxes on the wealthy. The American steam-and then tame him," but not Broussard had been elected with Dream was fading, Long warned the Huey Long. By the end of April he was Long's support. In fact, according to Senate: "This great and grand dream ready to take on his own party's lead­ Long, Broussard~a south Louisiana of America that all men are created ership. Senator Long, as his biogra­ Catholic-had actually conceded free and equal ... this great dream of pher T. Harry Williams perceived, defeat in his quest for the Senate only America, this great light, and this "viewed the Senate primarily as a to learn to his surprise that he had great hope, have almost gone out of forum from which he could advertise been elected by virture of a strong sight in this day and time, and every- Huey Long to the country." showing in the north Louisiana Bible body knows it; and there is a mere The Kingfish had the White House Belt, where Broussard had expected to do poorly. the surprise was the result candle flicker here and yonder to take in his sights. In Louisiana he had of Long's efforts on behalf of Brous­ the place of what the great dream of drawn attention to himself by attack­ sard. America was supposed to be." Long's ing the Standard Oil Company; in When Long announced his candida­ proposal to "share the wealth" was Washington he would do the same by cy for the Senate, Broussard had made viewed as one of the most radical pro- attacking Senate majority leader Joe a statement of support for Joseph posals ever made in the United States -Robinson. Ransdall, his colleague, causing Long Senate ... although within a few Senator Long's resignation from his to make a broadside response to years the trend toward social welfare committee assignments told much Broussard. Long served notice on programs and high graduated income about his relationship with this insti­ Broussard that if Long was elected to and inheritance taxes moved the tution. He was not a man to bargain the Senate, he would personally see to nation very sharply toward the gener- and wheedle in the cloakrooms, or to it that Broussard was not re­ al direction he had been advocating. sit patiently through endless mark-up elected . . . and he did see to it. When Long made his maiden speech sessions waiting his turn to insert a So, when Long came to the Senate, entitled, "The Doom of America's technical amendment. He thought in he had no intention of having his col­ Dream," he shocked conservatives by terms of the grand sweep of larger league from Louisiana escort him identifying himself as a "dangerous issues, and he operated best when he down the aisle to take his oath. He populist." had an audience-the larger the was escorted by the democratic leader, Democratic leader Joe Robinson better. Even later in his Senate career, Joe Robinson. Breaking tradition, of took the floor to express his disagree- when he attended committee meet­ course, drew additional notice to the ment. ings, Huey Long would sit staring at freshman Senator. Long also broke The following morning, the Chicago the Brumidi cupids on the ceilings the rules that day by carrying a light­ Tribune's front page cartoon in color . Mr. BAKER. On Monday, Mr. Presi­ 2 The life of Huey Long, the "Outsider," is mas­ Senate will continue to debate the terfully told in T. Harry Williams, Huey Long Voices of Protest: p.m., pursuant to an order for recess. Huey Long, Father Coughlin, and the Great Depres­ After the recognition of the two lead­ sion ; and Gerald T . Dunne, Hugo Black will resume consideration of the Baker p.m.