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Home , Bob Kasten, Lincoln MacVeagh, Maybe Monday

8702 CONGRESSIONAL RECORD-SENATE April 15, 1983 SENATE-Friday, April15, 1983 (Legislative day of Tuesday, April12, 1983) The Senate met at 12 noon, on the differences will be reconciled and we Mr. BYRD. Mr. President, will the expiration of the recess, and was can get to both bills on some basis majority leader yield? called to order by the President pro maybe Monday or at least sometime Mr. BAKER. I am happy to yield. tempore (Mr. THURMOND). next week. Mr. BYRD. I suppose in a way I So indulging that hope, no matter probably would be expected to be one PRAYER how tenuous, I do not intend to try to of the last in the Senate to associate The Chaplain, the Reverend Rich­ get the bankruptcy bill up until I hear my remarks with the remarks the dis­ ard C. Halverson, D.D., offered the fol­ from the principals there involved. tinguished majority leader has made, lowing prayer: and I refer to the recent election. But Let us pray: THE DOLE FOUNDATION BoB DoLE, even though he tried to Our Father in Heaven, we pray for Mr. BAKER. Mr. President, yester- render assistance to my opponent, was our families. As the business of the day in this Chamber, a man of courage always courteous to me. He never went Senate increases in intensity, as pres­ proved he was a man of vision and into my State and said anything sure builds and emotions rise, as issues compassion as well. The distinguished against me. are complicated by disagreement and senior Senator from Kansas, and my I admire him tremendously. I like controversy, may the Senators and good friend, BoB DoLE, took the occa- his wit, I like his ability to poke fun at their staffs take more seriously than sion of the day when he was wounded himself, which is a real attribute. ever their obligations to spouses and in service to our country, 38 years ago, He has assisted me on the floor in children. May they refuse to allow to establish a new and vital public matters that are of importance to my their loved ones to be sacrificed on the foundation for the benefit of handi- State of West Virginia, and he is, I altar of politics. capped citizens. think, universally recognized as an ex- Deepen their awareness, that in the economy of God, the family must have On April 14, 1945, an enemy bullet tremely capable and bright Senator. priority-the Nation cannot endure entered the right shoulder of Senator So I will try to look ahead and not disintegration of the home. In recess, DoLE which fractured his vertebra and look backward. I have no malice grant to the Senators the will to make initially paralyzed all of his extrem- toward BoB DoLE. He did what he time for their families, however much ities. During his miraculous recovery thought he ought to do, I guess, in else they have to do. If something he lost over 70 pounds and saw his trying to strengthen the size of the must be neglected, let it not be their temperature rise to 108.7 degrees. Still present majority in the Senate. loved ones. Grant that this weekend he survived. In all he spent over 39 I have a tremendous respect for him, will be a time of strengthening family months in hospitals in Europe and at and I think he knows it. We both ties and personal rest and relaxation home. . joked about some of the things I re- as well as work. In the name of Him In 1947, when he returned to his ferred to. But as far as I am concerned who said, "Come unto me all ye who hometown of Russell, Kans., BoB any man who puts his hand to the labor and are heavy laden and I will DoLE found out that he would need plow and looks backward is not fit for give you rest • • *."Amen. additional surgery, and that it would . the Kingdom of Heaven. be expensive. Almost immediately, the So I join with the majority leader in citizens of Russell began a fundraising saying that Mr. DoLE is a patriot who RECOGNITION OF THE effort to help with the expenses, and has served his country well, bravely, MAJORITY LEADER Senator DoLE received the surgery and courageously, and who still wears The PRESIDENT pro tempore. The that he needed. the marks and always will, apparently, majority leader is recognized. Yesterday, in announcing the forma- of his service to his country. Mr. BAKER. Mr. President, I thank tion of the Dole Foundation, which He has likewise rendered many serv- the Chair. will be a public foundation aimed at ices to his country here in this body. educating and training handicapped Mr. BAKER. Mr. President, I thank SENATE SCHEDULE individuals. Senator DoLE said: the Senator from West Virginia, the Mr. BAKER. Mr. President, 1 hour I will never forget the help I received minority leader. He not only is the from this moment the Senate will go ~rom the people of Russell, an? I hope that most skillful legislator I ever knew, to the consideration of the reciprocity m some small way I can pr~:>VI~e ~elp,. and but he is also a man of understanding hope, to others who may be m sumlar s1tua- . bill under the order previously en­ tions now and in the future. and cor;npass10n .. I am sure Senator tered, at which time the Kasten Mr. President, I want to congratu- D<;>LE ~Ill apprec1at~ the remarks the amendment will be the pending ques­ late Senator BoB DoLE on the creation mmonty leader has JUSt made. tion. of the Dole Foundation and I want to I anticipate the Senate will not be in commend him for his empathy and ORDER FOR TRANSACTION OF late today. I also anticipate that a clo­ conviction. I am confident that this ROUTINE MORNING BUSINESS ture motion will be filed which will foundation will play a large part in the Mr. BAKER. Mr. President, I ask produce a vote on Tuesday under the lives of handicapped individuals in unanimous consent that, after the rec­ provisions of rule XXII. Kansas and across the country, and I ognition of the distinguished minority BANKRUPTCY LEGISLATION hope the foundation meets with every leader under the standing order, any Mr. President, I had hoped to bring success. time remaining between the expira­ up the bankruptcy bill today if there I will also say at this time, how tion or yielding back of that time and was time for it, and I think there prob­ grateful I am, along with everyone else the hour of 1 p.m. today be devoted to ably will be. But I do not think we can who has come to know BoB DoLE, to the transaction of routine morning get to it. I am advised there is a possi­ the citizens of Russell for assisting a business in which Senators may speak bility that the difficulties remaining in wounded veteran 36 years ago, and for for not more than 5 minutes each. that bill and another bill relating to making it possible for him to continue The PRESIDING OFFICER. With­ bankruptcy may be worked out. It may to serve his country in the exemplary out objection, it is so ordered. be a fond wish. But, in any event, fashion in which he always has, which Mr. BYRD. Mr. President, since there is some possibility that those we all recognize and acknowledge. there will not be very much business

e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. April 15, 1983 CONGRESSIONAL RECORD-SENATE 8703 transacted other than debate on the people were floundering in the icy morning business until 1 p.m. in which amendment which will be pending, I water. Without a thought of personal Senators may speak for 5 minutes expect today to make another of my safety, the crew stopped the train and each. series of comments on the U.S. Senate. jumped in to save them. Their quick Mr. BAKER. Mr. President, there is action saved the trio from almost cer­ one item on the Calendar of General tain death. Orders that appears to be cleared on RECOGNITION OF THE My attention was brought to the this side for action by unanimous con­ MINORITY LEADER heroic act of these men by an article sent. The PRESIDING OFFICER the convening of the Senate, or even tions Act-October 15, 1982. Since it is section 13(i)(l)(D) of the Federal Deposit the order of precedence of business, a change affecting a very small Insurance Act <12 U.S.C. 1823(i)(l)(D)) is given the fact that, in order to go into number of financial institutions and is amended by adding at the end thereof the closed session, certaill requirements designed only to correct an unantici­ following: "Issuance of net worth certifi­ are necessary to secure this Chamber. pated problem in last year's legisla­ cates in accordance with this subsection Senators are on notice that the time, shall not constitute a default under the tion, it should be done as soon as pos­ terms of any debt obligations subordinated therefore, of noon on Monday for the sible in order to allow presently dis­ to the claims of general creditors which convening of the session may be qualified institutions to participate. were outstanding when such net worth cer­ changed. I express my appreciation to The FDIC has indicated its support tificates were issued.". the minority leader for advising me in of the purpose of this change, and (b) The amendment made by subsection advance of that possibility. stands ready to process the applica­ shall be deemed to have taken effect on Mr. BYRD. I thank the Senator. tions of those institutions which are the date of enactment of the Garn-St Ger­ Mr. BAKER. Mr. President, I sug­ presently ineligible. This legislation main Depository Institutions Act of 1982. gest the absence of a quorum. has also been cleared with the chair­ Mr. BAKER. Mr. President, I move The PRESIDING OFFICER. The man and ranking members of the to reconsider the vote by which the clerk will call the roll. Senate Banking Committee. They are bill was passed. The acting assistant legislative clerk convinced of the need to act expedi­ Mr. BYRD. Mr. President, I move to proceeded to call the roll. tiously on this legislation. I strongly lay the majority leader's motion on Mr. PROXMIRE. Mr. President, I urge the Senate to approve this tech­ the table. ask unanimous consent that the order nical change in order to insure that in­ The motion to lay on the table was for the quorum call be rescinded. tended financial institutions can bene­ agreed to. The PRESIDING OFFICER. With­ fit from the provisions in the Garn-St out objection, it is so ordered. Germain Depository Institutions Act. Mr. PROXMIRE. Mr. President, are Mr. PACKWOOD. Mr. President, I ORDER FOR ADJOURNMENT we in morning business? am pleased to join my colleague from UNTIL MONDAY, APRIL 18, 1983 The PRESIDING OFFICER. The Oregon in urging passage of this bill Mr. BAKER. Mr. "President, on yes­ Senator is correct. today. The purpose of this legislation terday, I had an order for the Senate is to make a technical change in last to convene, after a recess today, on year's major banking bill-better Monday next. I now ask unanimous FLORENCE BARR RETIRES known as the Garn-St Germain bill. consent that when the Senate com­ Mr. PROXMIRE. Mr. President, I The need for this legislation became pletes its business today it stand in ad­ would like to take this opportunity to clear during the development of the journment until Monday next at the acknowledge the retirement of Flor­ capital assistance program, authorized hour of 12 noon. ence Barr, the chief clerk of the by the Gam bill. This program is Let me say, by the way, before the Senate Committee on Banking, Hous­ aimed at providing assistance to finan­ Chair rules, there are other parts to ing, and Urban Affairs. cially troubled thrift institutions-in­ this request, and parenthetically, we The Senate Banking Committee, and stitutions ridden with the problems may change that time during the indeed, the U.S. Senate, has benefited caused by year after year of high in­ course of the day. by her devotion, loyalty, and faithful­ terest rates. I further ask unanimous consent ness throughout her 30 years of serv­ This program is already in oper­ that when the Senate does reconvene ice. ation, but it has come to my attention, on Monday next, the reading of the During those 30 years of allegiance, and to the attention of Senator HAT­ Journal be dispensed with, no resolu­ Florence has been attentive, thought­ FIELD, that a few qualified financial in­ tion come over under the rule, the call ful, enthusiastic, and efficient. In stitutions have been unable to take ad­ of the calendar be dispensed with, and short, she cares. And to show Florence vantage of it. The problem has arisen following the time allocated to the two that we care, I am taking this moment because these institutions, in previous leaders under the standing order and to thank her for those years of hard years, issued debt obligations barring any special orders, there be a period work and, above all, to let her know them from granting creditor priority for the transaction of routine morning how we value knowing her. to anyone other than the holders of business not to exceed 30 minutes in We wish you good luck, good health, these debt obligations, including the length, with Senators permitted to and enjoyment in your new life. Flor­ Federal Deposit Insurance Corpora­ speak therein for not more than 5 ence, we will miss you. Please keep in tion. We want to insure that if the minutes each, and provided further touch with your many friends in the Federal Government assists these in­ that the morning hour be deemed to Senate. stitutions, it has priority over other have expired. creditors. This legislation achieves this The PRESIDING OFFICER. With­ goal. out objection, it is so ordered. NUCLEAR PROLIFERATION THE Timely consideration of this bill is Mr. BAKER. I thank the Chair. NO. 1 THREAT TO HUMAN SUR­ critical. Some of the institutions re­ Mr. President, the Senator from VIVAL quiring this change of law in order to West Virginia, the minority leader, Mr. PROXMIRE. Mr. President, participate in the capital assistance has apprised me of the fact that there most of us have focused our fears of a program need assistance soon. The may be a motion on Monday for a nuclear war on the . We FDIC supports the goal of this legisla­ closed session. Under the rules of the have devoted increasingly large ex­ tion and the chairman of the Senate Senate, of course, any Senator can penditures to meeting the nuclear Banking Committee, Mr. GARN, has no make that motion. That requires only challenge from Russia. A vigorous objection to it. I, therefore, urge my a single second, that is a second by one debate has continued for years as to colleagues to support this legislation other Senator, to put the Senate in whether the Soviets have superior nu­ and ask for its prompt consideration. closed session. clear forces, whether we need to pro- April15, 1983 CONGRESSIONAL RECORD-SENATE 8705 ceed with a variety of nuclear weapons metal which provides the easiest path it has been extracted, or reprocessed, to to deter a possible Soviet preemptive toward acquiring nuclear weapons. make nuclear weapons in the United States, At Kahuta, the Pakistanis are building a the Soviet Union, France, Britain and nuclear strike. plant that can yield highly enriched weap­ China. Mr. President, I think we have been ons-grade uranium. This is yet another path Consider the dimensions of the problem: looking in the wrong direction. I think toward joining the world's exclusive nucle­ There are 286 commercial reactors operat­ the odds of a nuclear war starting be­ ar-weapons club-a path that the CIA be­ ing in the non-communist world. They pro­ tween the U.S.S.R. and the United lieves uranium-laden South Africa is also vide 165,000 megawatts-or some 9 percent States in the next 20 years are less following. of the non-communist world's electrical than 1 in 10. On the other hand, I be­ At Paradise Point, a desolate spot on the power. Each one is also a potential source of lieve that the prospects of a nuclear Arabian Sea near Karachi, the Pakistanis bomb-plutonium. war breaking out involving other na­ have built a modest nuclear power plant. To The typical nuclear power plant produces, tions in the next 20 years is better run it, they could get along without reproc­ as a waste by-product, up to 600 pounds of essed plutonium or highly enriched urani­ plutonium annually. In theory, that's than 50-50. Furthermore, I think the um. For nuclear weapons, these materials enough to produce about 35 atomic bombs chances are very strong that such a are basic. of the type and force that devastated Naga­ war once begun would escalate into a The word proliferation is often used as saki in 1945. nuclear war involving the United kind of shorthand for the detonation by a Commercial recovery of plutonium from States and the Soviet Union. Once a state of its first nuclear explosion. spent fuel is already underway in Great nuclear war begins, there are many Yet a nuclear test does not necessarily Britain, France, Italy, Japan and India. Paul ways in which it could spread, and it cause a country to become a nuclear power. Leventhal, a Washington-based nuclear would be very hard, indeed, to stop. India is one example. As a 1979 CIA study watchdog, estimates that by 1990 world After all, within 20 years 25 or 30 na­ notes: "India has detonated a 'device,' (in stockpiles of plutonium available for reproc­ tions will have at least a beginning nu­ 1974) but probably has less ability to deliver essing will amount to 760 tons. That's a usable nuclear weapon than Israel, which enough to produce 95,000 nuclear bombs. By clear arsenal. Even small countries will has not." the beginning of th 21st centruy, that figure have the capability of destroying every And a country can become a nuclear could climb to 2, 700 tons, or enough for major American city. All of this will power without conducting a nuclear test. some 337,500 bombs. happen unless we promptly get serious Israel is a clear example; according to the Shortly before leaving office, President about stopping nuclear proliferation. CIA, Pakistan ~ay soon become anothe;. Gerald Ford called for a halt in the rush to The know-how necessary to build nu­ The emphasiS on a successful test fails to plutonium as a nuclear fuel until, he said, clear weapons has spread like wildfire. recognize that even though a nation might "the world can effectively overcome the as­ All any number of nations need to not be able to deliver-or even produce-a sociated risks of proliferation." Ford then have this ultimate military power is usable weapon, it can accumulate the took the United States out of the plutoni­ knowledge and industrial capacity to quick­ um-making business. It was a policy that his plutonium. And the supply of plutoni­ ly arm itself-to go nuclear-without ever um is beginning to explode, thanks to successor, Jimmy Carter, adhered to, despite conducting a test. strong protests from the nuclear industry weak, vacillating antiproliferation "In a general arms race, Japan, West Ger­ and America's industrialized allies. policies by this administration as well many and Sweden could probably arm in By contrast, the Reagan administration as our allies. large numbers more readily than Israel, said it would deal with the world as it really Mr. President, this terribly danger­ India or Taiwan," says a CIA study. "The is. It has eased nuclear export controls to ous story of the spread of plutonium continued spread of nuclear materials, tech­ those countries which seem to pose little or was told recently by the Cox newspa­ nologies, equipment and trained personnel no proliferation risk. Yet restraints also pers in their excellent report on the accompanying the worldwide development have been eased for sales to South Africa, of commercial nuclear power, and the at­ which presents one of the world's most seri­ nuclear dilemma. I ask unanimous tendant increase in the generally achievable consent that the article by Andrew ous proliferation problems. level of sophistication and information, in­ In some cases, the administration has Glass entitled "Plutonium Spread Es­ creasingly leads to a condition that has been stepped up enforcement of the 1978 Nuclear calates Chances for Nuclear War" be characterized as 'latent' proliferation," the Non-Proliferation Act. It has targeted those printed at this point in the RECORD. CIA report concludes. countries it suspects already have or are There being no objection, the article The CIA warns that in the 1990s "a large trying to acquire the means to build their was ordered to be printed in the number of nuclear reactors will be in oper­ own nuclear weapons: Pakistan, Brazil, Ar­ RECORD, as follows: ation around the world. They will be gentina and Israel. present on all continents, and at least 50 "They are very tough," a West Genman PLUTONIUM SPREAD ESCALATES CHANCES FOR countries will have the capability to develop NUCLEAR WAR nuclear official said. "What we think is nuclear weapons." overlooked in the United States is that

' 8708 CONGRESSIONAL RECORD-SENATE April 15, 1983 for the important precedents that additional burdens from some mem­ dent proved premature, and Republi­ they established. I speak of concerns bers of Congress who felt predisposed cans saw their hopes fade for a Recon­ fundamental to many of our Senate to distrust and dislike him. Yet, John­ struction program predicated on party deliberations. Often here, we are chal­ son's first public statements on Recon­ unity. Senator Sumner, stung by the lenged to define the proper relation­ struction appeared to be compatible turn of events, in a letter to a friend, ship between the executive and legisla­ with the views of his Republican col­ lamented "It is very hard that we tive branches, or to determine what leagues who had been most active in should have this new controversy." 7 constitutes the legitimate areas of fed­ the advocacy of civil liberties for How did they come to this new con­ eral and state responsibility.2 These blacks. Republican Senators, for troversy? What events led the Senate were the thorny issues the Recon­ whom these issues represented pas­ to a complete rupture with the presi­ struction Senate attacked with vigor. sionate personal convictions, greeted dent of the United States? Senator It did not require the cease-fire to the new president with cheered spirits. Sumner's first rush of confidence in make clear to the Congress that a host Grieved though they were over the Andrew Johnson caused him to miss of perplexing problems faced the death of Lincoln, they were visibly re­ some early signs that perhaps the rela­ nation. Not the least of these would lieved that a dreaded confrontation tionship of the Radical Republicans prove to .be a debate between the with the chief executive had been with the new president was not quite president and Congress over which avoided. as sanquine as it had first appeared. If branch of government should super­ Senator Charles Sumner, wearied Sumner missed the first warning sig­ vise the process of Reconstruction. from his long struggle against the nals that came from the new adminis­ The basis for an executive/legislative forces of slavery, voiced great confi­ tration, Representative Thaddeus Ste­ split over this issue surfaced at least dence after his first visits with Presi­ vens and General did not. two years before the close of the war. dent Johnson. Sumner rejoiced in his President Lincoln and the Thirty­ belief that Johnson actively supported Schurz feared that some Southern eighth Congress had scuffled over this suffrage for former slaves. With relief states. would attempt to persuade very point. It appeared they might and gratitude, Sumner reported to his Johnson to forego Republican Recon­ reach some agreement in the passage friends that he felt comfortable with struction, while Thaddeus Stevens re­ of the Wade-Davis bill, which neatly the new president. 5 coiled in horror when Johnson recog­ packaged an entire plan for Recon­ Sumner clearly hoped that strong nized the government of Virginia. De­ struction, but in the eleventh hour executive leadership would deter the spite these early rumblings, Senator Lincoln astonished his fellow Republi­ development of further political fac­ Sumner remained unperturbed, con­ cans by vetoing that bill. The Thirty­ tions among senators. Only through a vinced that his colleagues had nothing eighth Congress adjourned in March forceful president did Sumner see the to fear from the president. The sena­ 1865 with its members deadlocked means to harness the wide range of tor's calm was shattered on May 29, with the president over this matter. views held by Republican senators. 1865. On the date, President Johnson Congressional leaders could not ignore Not only had Republicans failed to issued two proclamations that revealed a gnawing sense of uneasiness that the agree with the late President Lincoln, the future direction of his administra­ future would bring only more conflict but they held little accord among tion. The first explained the lenient with the president over this issue. How themselves. Their suggestions for Re­ terms of amnesty for former Confed­ could any of them know that a month construction policy covered a spectrum erates, while the other established a later, in April 1865, their troubles from the most moderate to the most North Carolina Reconstruction gov­ would intensify when the nation, al­ extreme of proposals. Some hoped to ernment that excluded blacks from ready confused by murky Reconstruc­ welcome the Southern states back into voting.8 tion plans, would be staggered by the the national fold immediately, while Now aroused, Sumner launched a assassination of President Lincoln. 3 others sought a program of wide-scale vigorous letter-writing campaign de­ So it fell to the new president, land confiscation and disenfranchise­ signed to check the president's plans. Andrew Johnson, to plunge into the ment for former Confederates. The confused senatorial responses re­ morass of Reconstruction, for the Charles Sumner, as we know, was flected the diverse opinions held Congress, standing in adjournment, identified with the group known as among Republicans. Some urged that was not scheduled to meet again until the Radical Republicans. Their goal the Senate adopt a conciliatory note December 1865. was to reorder the social, economic, with the chief executive, others hoped Andrew Johnson, himself was one of and political structure of the South that the best could be made of the sit­ the uncertain elements in the Recon­ through the redistribution of land and uation, still others felt unsure about struction drama. Born to extreme pov­ the inclusion of blacks in voting the constitutionality of challenging erty, Johnson struggled to climb the rights. 6 Although historians have con­ the president, yet others expressed ladder of political success. His accom­ centrated on the "revenge" element in little interest in the subject of black plishments included service to Tennes­ the Radicals' approach to white suffrage. 9 The small band of Demo­ see as senator before the war and state Southerners, perhaps we should con­ crats in the Senate, of course, watched military governor during the war. His sider their attempts to effect change delightedly as the president turned Unionist pronouncements catapulted through forceful action. They took up away from his own party and into that him onto Lincoln's 1864 ticket, a move the banner of universal male suffrage of the opposition. Yet, regardless of designed to provide sectional balance when others were less willing to argue personal oprmons, all senators for the Republicans. for this basic constitutional right. watched uneasily as they recognized Yet there were those who regarded These men were not content to sit idly the danger signs of an almost certain Andrew Johnson as an undesirable on the sidelines and watch the gains clash ahead. character, devoid of personal refine­ made from the Civil War slip away. Johnson, confident in his executive ment. He enhanced his rough-hewn They spoke for those who had no position, did not soften the burgeoning image when he appeared on the champions here in the Congress, and crisis. Andrew Johnson simply did not Senate floor in an apparently intoxi­ for that, they deserve our admiration. have a winning manner. When faced cated condition for the inaugural cere­ Sometimes they spoke with an un­ by opposition, the worst rather than mony. Graced with only the coolest checked fervor, but their goal was to the best of his character surfaced. favor from the Washington social set, create a better nation for all citizens. Even Johnson's good friend, Senator Johnson further lowered himself by Despite the Radicals' vigor, the John Sherman of Ohio, came to feel his drunken performance. 4 When the events and the passions of the day that the situation was exacerbated by mantle of presidential responsibility moved beyond their control. The Johnson's "unreasoning pugnacity." It descended upon him, Johnson faced benevolent relationship with the presi- proved the president's undoing that he April 15, 1983 CONGRESSIONAL RECORD-SENATE 8709 failed to understand that in his station ton populace. The atmosphere was gathered in the Senate chamber. Gray he was not required to answer his crit­ charged with expectation as the curi­ raised his voice and prayed, "Glory be ics, but had only to maintain his ous gathered in the Capitol to witness to the name, 0 God, that the Republic strength in an ordered appearance. the opening of this historic session. A still lives, the nation survives, the No-Andrew Johnson, when faced spectator gazing down from the gal­ country is safe." But unable to ignore with an opponent, immediately threw lery could not have missed the solem­ the mood among the senators and himself into the fray, hurling abusive nity of the day as Senator Lafayette S. aware that only Divine Intervention and violent language in all directions. Foster of Connecticut, a member re­ could avoid the conflicts ahead, Rever­ The comparison with the late Lincoln spected for his legislative skills, took end Mr. Gray continued, "Grant ... could not be avoided. The coarse, the position of president pro tempore. that all our deliberations and enact­ verbal hostility of the new executive Foster's presence underscored the ments may be such as to . . . insure stood in sad contrast to the gentle tragic events of the assassination, for the unanimous acquiescence of our man from Illinois. The result brought the vice president had vacated his seat people ... " 14 only weakness to the Republicans as in the Senate to assume the executive If the air in the Senate was somber they flailed about at each other. The office.

11-059 0-87-16 (Pt. 7) 8722 CONGRESSIONAL RECORD-SENATE April 15, 1983 By Mr. PELL (for himself, Mr. CHAFEE, STATEMENTS ON INTRODUCED tunity to, or discriminate against, students Mr. GLENN, and Mr. PERCY): BILLS AND JOINT RESOLUTIONS or faculty or both, or groups of students, S. 1067. A bill to assist other countries in groups of faculty members, or both, that the protection of endangered species and to By Mr. DENTON: seek to engage in voluntary extracurricular enhance international understanding and S. 1059. A bill to provide that it shall activities that involve prayer, religious dis­ knowledge of environmental issues; to the be unlawful to deny equal access to cussion, or silent meditation on school or in­ Committee on Foreign Relations. students in public schools and public stitution premises during noninstructional By Mr. CHAFEE ; Treasury Regulation§ L103-8(a)(4). bonds issued after April 15, 1983. However, Department be printed in the RECORD Consequently, issuers can invest the pro­ the proposal would not apply to bonds immediately following this statement. ceeds of tax-exempt bond issues in certifi­ cates of deposit issued by Federally insured issued after April 15, 1983, pursuant to a There being no objection, the mate­ financial institutions if the financial institu­ written commitment that was binding on rial was ordered to be printed in the tions use the funds for qualifying purposes. March 4, 1983, and at all times thereafter. A REcORD, as follows: These certificates of deposit then can be written commitment is binding only if the s. 1061 pledged as security for repayment of the commitment obligates the issuer to issue tax-exempt bonds. Recently, it has been de­ the bonds and obligates the underwriter or Be it enacted by the Senate and House of other bond purchaser to buy the bonds, sub­ Representatives of the United States of termined that these tax-exempt bond issues America in Congress assembled, can be structured so that the certificates of ject to the conditions customarily contained SECTION I. TAX EXEMPTION DENIED WHERE PRO­ deposit will be insured by either the Federal in bond purchase agreements. The passage CEEDS INVESTED IN FEDERALLY IN­ Deposit Insurance Corporation or of an inducement resolution by an issuer or SURED DEPOSITS. the Federal Savings & Loan Insurance Cor­ the issuance of a commitment by a financial The Internal Revenue Code of 1954 is poration in an amount up to institution to issue certificates of deposit amended by adding after Section 103A the $100,000 per holder of the tax-exempt will not prevent the application of the pro­ following new section: bonds. The FDIC or FSLIC insurance of the posal to bonds issued after April 15, 1983.e "SECTION 1038. FEDERALLY GUARANTEED BONDS. pledged certificates of deposit effectively "(a) IN GENERAL.-Except as otherwise provides a Federal guarantee of these tax­ By Mr. PERCY: provided in this section, subsections (a)(l) exempt bond issues. S. 1062. A bill to amend section 474 and (a)(2) of section 103 shall not apply to REASONS FOR CHANGE of the Internal Revenue Code of 1954 any obligation issued as part of an issue if a Placing the credit of the United States to provide that small businesses with significant portion of the principal or inter­ behind an obligation that is exempt from est required to be paid on the issue is to be Federal taxation creates a security which is average annual gross receipts not in insured record number of these institutions method because its complexity usually wishes to express our support for legisla­ failed. The basic reason for this was required costly assistance from outside tion, S. 2707, which you have introduced. As simple. A large proportion of their in­ accounting firms. The Economic Re­ a member of the Inventory Reform Task vestments were in long-term mort­ covery Tax Act relieved the very small Force, NACDS has long championed the in­ herent fairness of simplified LIFO accounting for small business. The Economic Recovery Tax Act of 1981 short-term interest rates, these insti­ "pool" to calculate the value of their provided the first step by containing provi­ tutions were forced to pay out to in­ inventory instead of the variety of sions to allow for a simplified version of pools that are required for larger busi­ vestors more than they collected. LIFO accounting for businesses with less As the policies of the Federal Re­ nesses. The single pool LIFO method than $2 million in annual gross sales. Your is simple and less costly to implement legislation would extend this fairness to ad­ serve have moved toward easing credit and is thus available to most small ditional segments of the small business com­ with the concomitant lowering of in­ businesses. munity. terest rates, these institutions have However, it has been brought to my As to our particular industry, we support tried to eliminate as many of these attention by the Illinois Manufactur­ the proposed increase in the annual sales long-term, low-interest mortgages as limit. NACDS small chain members operat­ possible. One device they used worked er's Association that the eligibility re­ ing between 4 and 10 stores have been most quirement of less than $2 million in hurt by the nation's continuous high rate of to the benefit of all concerned while sales is too small. Many companies inflation. Small chains are the cornerstone promoting the socially valuable goal of whose sales exceed $2 million also use of our industry and constitute nearly one­ full homeownership. simple accounting systems that pre­ third of the NACDS membership. Increas­ Financial institutions offered sub­ clude the use of LIFO. Since the ing the annual sales limit to $10 million for stantial discounts to customers if they intent of the Recovery Act was to using the simplified LIFO rules would more would buy out the mortgage. In some make LIFO available to all small busi­ truly represent today's small businessman. instances, mortgages were offered dis­ Many companies are presently adversely counts of between 20 and 30 percent. nesses, adjustments are necessary in impacted by their inability to use a single the Tax Code. LIFO pool to calculate inventory value. An Many families used their savings to The legislation I am reintroducing increase in the level of annual gross sales to scrape together the necessary capital today-and which I first introduced as $10 million would be fair and equitable, and to take advantage of this once-in-a­ S. 2707 last summer-will raise the maintain the strong foundation of small lifetime opportunity to own their own annual sales limit for using the simpli­ business. It is well-recognized that small home free and clear. fied LIFO rules from $2 million to $10 business is a source of future employment There was a general expectation opportunity, growth, investment, and inno­ within the financial community that million. The higher limit will insure vation. The benefit of increasing the sales that all businesses will have access to level far outweighs any potential decrease in the amount forgiven would be treated LIFO inventory accounting methods. Treasury revenues. by the Internal Revenue Service as a This legislation is particularly benefi­ In closing, NACDS is very interested in reduction in basis for the purpose of cial to the thousands of retailers, the future of this legislation. To this end, calculating capital gains. Instead, the wholesalers, and manufacturers who we would appreciate the opportunity to IRS came out with Revenue Ruling are inventory intensive as opposed to work with your staff to secure passage of S. 82-203 in November of 1982, and ruled 2707. that the amount of the mortgage that capital intensive in nature. Sincerely, I would like to commend the Illinois ROBERT J. BOLGER, was forgiven should be treated as ordi­ Manufacturers Association for its ef­ President.e nary income. In other words, a family forts to revise the current law and for which put up its entire savings to buy bringing this needed law change to my By Mr. DECONCINI: out its mortgage at a discount, now attention. They have provided a great S. 1063. A bill to exclude from gross finds itself with the amount of that service to not only their small business income any discharge of a mortgage discount added to its income, raising April15, 1983 CONGRESSIONAL RECORD-SENATE 8725 its marginal rate as well as the total debtedness incurred with respect to such of the communities they serve. More amount on which taxes are owed. residence which is excluded from gross often than not, their salaries exceed Mr. President, I believe that Reve­ income by reason of subsection (a). those of the Governors of the States (C) GAIN 'TREATED AS ORDINARY INCOME.­ nue Ruling 82-203 is, quite simply, Notwithstanding any provision of the Inter­ in which they operate. unfair. I believe it is unfair generally, nal Revenue Code of 1954, any gain recog­ I have a table which compares these but it is especially unfair to make such nized from the disposition of the principal salaries. I ask unanimous consent that a ruling in November after thousands residence of the taxpayer shall be treated, it appear in the RECORD at this point. of taxpayers had entered into good for purposes of such Code, as ordinary There being no objection, the table faith agreements with financial insti­ income to the extent such gain does not was ordered to be printed in the tutions on the expectation that the exceed the amount of the reduction made to REcoRD, as follows: discount would be treated like a busi­ the basis of the taxpayer in such residence acquiring the principal residence of Cleveland, Ohio...... 50,000 52,500 . 65,000 nue Ruling 82-203 for 1983 and 1984 to such individual (within the meaning of sec­ Chicago, 111 ...... 58,000 60,000 81 ,000 70,000 give Congress an opportunity to con­ tion 1034), or Denver, Colo ...... 50,000 50,000 52,915 65,000 Detroit, Mich...... 70,000 75,172 ...... • 62,000 sider and act on the question of how making improvements to such princi­ Washington, D.C...... •...... 67 ,410 58,500 73,402 such forgiveness should be treated, pal residence (but only if the costs of such Houston, Tex...... 78,700 81,255 ...... 102,500 and whether it is better public policy improvements are taken into account in de­ Kansas City, Mo ...... 55,000 35,000 70,980 55,000 termining the basis of the taxpayer in such Los Angeles, Galif...... 49,100 73,205 86,861 82,000 to treat it as ordinary income or as a New York, N.Y ...... 85,000 80,000 ···················· • 100,000 change in the basis for capital gains principal residence). , Pa ...... 66,000 55,000 50,000 6 75,010 (2) PRINCIPAL RESIDENCE.-The term 'prin­ , Galif ...... 49,100 76,917 75,742 1 69,000 purposes. If, by the end of the 98th cipal residence' has the meaning given to Seattle, Wash ...... 63,000 75,237 ...... 36,000 Congress, we fail to act, then Revenue such term by section 1034. Ruling 82-203 will go into effect. 1 Provided by National Governors Association. SEC. 2. TEMPORARY SUSPENSION OF REVENUE 2 Provided by International City Management Association. Mr. President, I believe my legisla­ RULING 82-202. 3 Provided by American Public Transit Association. tion remedies an unfortunate and The Internal Revenue Code of 1954 shall 4 SEMTA. • MTA. unfair situation. On this final day of be applied with respect to any discharge of • SEPTA. filing, we should be especially .con­ qualified mortage indebtedness The Congress recognizes the will encourage them to increase sav­ of 1976, the efforts of the council have long-term water supply problems of the ings to purchase the added benefit. only just begun. Based upon a cooper­ States of the high plains and recognizes the The SRB program would be volun­ ative Federal and State project, the need for continued federal and state coop­ tary on the part of employees and eration and communication regarding such "Ogallala Aquifer Regional Study" problems. could be funded by any combination of began an initial inquiry into the deple­ (b) The Secretary of Commerce acting in savings from the worker and contribu­ tion of the water resources in the cooperation with the High Plains Study tion from the company. Already, sev­ States of Colorado, Kansas, Nebraska, Council, has been conducting studies pursu­ eral large employers have shown inter­ New Mexico, Oklahoma, and Texas. ant to section 193 of the Water Resources est in offering an SRB program. Of Mr. President, serious economic, en­ Development Act of 1976 regarding the de­ course, it would have to be offered on vironmental, and social consequences pletion of water resources, is authorized to a nondiscriminatory basis to high and are looming ahead in the next century continue to cooperate with the States of low paid employees alike. The amount Colorado, Kansas, Nebraska, New Mexico, as a consequence of declining supplies Oklahoma, and Texas in the implementa­ of the SRB could not exceed the of natural resources, especially water, tion of the recommendations made by the greater of 3 percent of a retiree's ini­ in the high plains area. The study has High Plains Study Council. tial pension payment or a percentage indicated that, as with our energy (c) No cooperative effort authorized by of the pension equal to a 7-year aver­ problems, conservation programs may subsection (b) may be conducted until the age of the Consumer Price Index. The April 15, 1983 CONGRESSIONAL RECORD-SENATE 8727 supplemental benefit will be increased "(iii) the employer and the participant "(11) SPECIAL RULE FOR CONTRIBUTIONS TO and compounded each year under the each share a stated portion of the cost of QUALIFIED SUPPLEMENTAL BENEFIT ARRANGE· terms of the annuity. such annuity. MENTs.-Notwithstanding the limitations "(B) ELIGIBILITY.-Each employee of the under this section, there shall be allowed as Legislation is needed to implement employer who- a deduction for any taxable year an amount this program because current law will "(i) is a participant in any defined benefit equal to the amount of the deductible em­ not allow making a 1-year contribution plan of the employer, ployer contributions to a qualified supple­ toward retirement benefits that would " Except as provided in subsec­ ployer's contribution will not be tax­ primary retirement benefit may be paid tion (b), the amendments made by this sec­ able to the employee until it is re­ under the defined benefit plan, or tion shall apply to taxable years beginning "(II) became disabled, and after December 31, 1982. ceived as income in the form of supple­ "(iii) is entitled to a primary retirement (b) The amendments made by section 3(a) mental retirement benefits. benefit at the time described in clause <2> may not struction work in progress through was ordered to be printed in the exceed the greater of: (i) 3 percent of the rate increases; to the Committee on RECORD, as follows: primary retirement benefit; compounded Energy and Natural Resources: s. 1066 annually from the date on which the pri­ CONSTRUCTION WORK IN PROGRESS POLICY ACT mary retirement benefit commences, or (ii) OF 1983 Be it enacted by the Senate and House of a percentage of the primary retirement ben­ Representatives of the United States of efit equal to the average cost-of-living in­ Mr. CHAFEE. Mr. President, today I America in Congress assembled, That crease unjustified rate increases by limiting efit Act of 1983". calculated over the seven calendar years the authority of the Federal Energy SEc. 2. Section 401 of the Internal Rev­ which immediately precede the commence­ Regulatory Commission be eligible to participate in the ar­ holds that utility customers should which is payable under one or more defined rangement in any subsequent year before any provides them service. That is to say ployer. other participant who made such election the shareholder-not the ratepayer­ "(3) QUALIFIED SUPPLEMENTAL BENEFIT AR· after such participant. should bear the financial burden of RANGEMENT.-For purposes of this subsec­ "(3) APPLICATION OF DISCRIMINATION STAND­ tion, the term 'qualified supplemental bene­ new construction. ARDS.-A qualified supplemental benefit ar­ fit arrangement' means an arrangement Until recently, FERC deviated from which is part of a defined contribution plan rangement shall be considered to satisfy the this principle only slightly. The Com­ of an employer which supplements the pri­ requirements of subsection fa)(4), with re­ spect to the amount of contributions, so mission allowed CWIP for pollution mary retirement benefits and which meets long as those employees eligible to benefit control facilities, plant conversions to the following requirements: under the supplemental benefit arrangement fuels other than oil and gas, and if a " IN GENERAL.-The arrangement pro­ satisfy the provisions of subparagraphs fA) utility was in severe financial difficul­ vides that- or (B) of section 410(b)(1J. ty. "(i) an eligible participant in a defined SEc. 3. Section 415 of the Internal On March 10 of this year, however, benefit plan of the employer may elect, in Revenue Code of 1954 is amended by parts from the "used and useful" prin­ "(!) the participant attains normal retire­ adding at the end thereof the following new ment age and retires, or paragraph: ciple. Instead of only permitted finan­ "(II) the primary retirement benefit of "(9) CONTRIBUTIONS TO QUALIFIED SUPPLE­ cially strapped utilities to qualify for the participant begins, MENTAL BENEFIT ARRANGEMENTS.-Any contri­ CWIP, the Commission will permit to purchase an annuity which commences bution or addition with respect to any par­ any utility-regardless of its financial not earlier than the year after the year in ticipant under a qualified supplemental ben­ condition-to include up to 50 percent which the election is made, efit arrangement from an insurance car­ er to an employees' trust, etc.) is amended percent of its electricity at wholesale rier licensed under the laws of any State to by adding at the end thereof the following from out of State, our ratepayers will issue such contracts, and new paragraph: have to pay substantially higher prices 8728 CONGRESSIONAL RECORD-SENATE April 15, 1983 as a result of PERC's action. Rhode CWIP by law. My own State of Rhode dence that inclusion of such costs in such Island citizens already pay the highest Island and 13 other States prohibit rate bases can worsen electric utility finan­ electric costs in the country and it has CWIP under administrative regulation cial health over the long run; <4> while inclusion of the costs of con­ been estimated that customers served and 14 States have very restrictive struction work in progress in electric rate by one local utility will almost immedi­ policies regarding the allowance of bases may lower the rates for electric ately have their rates raised by 4 per­ CWIP in retail rates. energy over the long run, such inclusion will cent under the CWIP rule. Mr. President, my legislation would raise rates for electric energy in the short Additionally, this new rule will have insure that consumers are not asked to run; a direct affect on the outcome of a pay for electrical generating facilities (5) construction work in progress transfers rate case in my State now pending they may never need. Basically it does the risk that a facility under construction before FERC involving the Montaup not alter the underlying CWIP policy will be cancelled Upon application of a public the cost of new facilities they need not also demonstrate that such misman­ utility, the Commission may- go to financial markets seeking funds agement has been corrected. If the "(1) consistent with the provisions of sec­ to build new projects. FERC decides that these steps out­ tion 205 and 206 of this Act, approve the in­ We all know the ability to finance lined above will not enable the utility clusion of the following costs of construc­ large corporate construction proje~ts to regain financial stability, then the tion work in progress in the rate base of rest on the merits of the given project, Commission could order an appropri­ such utility- but the new FERC rule eradicates this ate amount of CWIP relief. "(i) the costs of any pollution control fa­ Instead of allowing blanket approval cility; and built in system of financial checks and "(ii) the costs of conversion of oil or natu­ guarantees funding-at the ratepayers of CWIP as exists under the rule of ral gas fired facilities to the use of fuels expense-for projects whether they March 10, my legislation will insure other than oil and natural gas; and turn out to be prudent investments or that FERC exercise its regulatory au­ "(2) subject to the provisions of subsec­ not. Under this unequitable situation thority properly by making a case-by­ tions (b)-(d) of this section approve by final the consumer takes the investment case determination of each utility's ap­ order the costs of construction work in risk but has no role in the investment plication for CWIP. progress for facilities other than those re­ decisions and may never derive any I am hopeful that this bill will enjoy ferred to in paragraph <1) of this subsection. broad support and I urge my col­ "(b)(l) Upon application by a public utili­ benefit from them. ty for approval of any increase in the rates Ironically this rule gives utilities a leagues to join me in moving this legis­ charged for electric energy where such in­ "green light" to build new plants at a lation forward, and ask unanimous crease is based on the inclusion in such util­ time when the Nation has a large sur­ consent that the bill be printed in the ity's rate base of the costs of construction plus of electrical generating capacity. RECORD. work in progress incurred for facilities other For example the North American There being no objection, the bill than those referred to in paragraph <1) of Electric Reliability Council estimates was ordered to be printed in the subsection , the Commission shall com­ that there is about a 42 percent excess RECORD, as follows: mence an evidentiary hearing. In any such s. 1069 hearing, the burden of proof to show that generating capacity in my area of New any increased rate for which application is England. Peak demand for electricity Be it enacted by the Senate and House of made under this subsection is consistent during the hot summer months is esti­ Representatives of the United States of with the requirements of this subsection mated for 1983 at 14,800 megawatts America in Congress assembled, and subsection (d) shall be upon the appli­ but our utility systems are capable of SECTION 1. This Act may be cited as the cant public utility. The Commission shall generating 21,379 megawatts. The situ­ "Construction Work in Progress Policy Act give to the hearing and decision of such of 1983". questions the same preference as is given to ation is forecast to remain about the FINDINGS same through 1991. If these numbers questions arising in proceedings brought SEc. 2. The Congress finds that- under subsections (a) through of section are correct, and I have every reason to ( 1) it is in the public interest that the elec­ 205, and the Commission shall decide such believe they are, there is not a burning tric utility industry be in good financial questions as speedily as possible. need to build new plants to add to our health; "(2) Any application submitted to the excess capacity. But under this new (2) it is also in the public interest that Commission under this subsection for the CWIP policy some utilities will be electric energy-related energy services be de­ inclusion in the rate base of any costs of tempted to build because the rule cre­ livered at the least possible cost and with construction work in progress for any facili­ ates the built-in financing mechanism adequate reliability; ty shall contain- (3) while there is evidence that the inclu­ " a certification, with explanation, that I described earlier. sion of the costs of construction work in the public utility submitting the application CWIP is no stranger to many State progress in Federal Energy Regulatory will be in severe financial difficulty unless public service commissions. Four Commission jurisdictional electric rate bases such costs are included in the rate base; States, Pennsylvania, New Hampshire, can improve the financial health of electric " a statement explaining in detail the Missouri, and Connecticut prohibit utilities in the short run, there is also evi- benefits and costs to customers of including April 15, 1983 CONGRESSIONAL RECORD-SENATE 8729 such costs in the rate base, together with an under subparagraph (B) unless such finding among different types of financial or­ analysis of the likely short-run and long-run is supported by clear and convincing evi­ ganizations, but Federal credit unions rate effects associated with such inclusion; dence on the record. "(C) a statement explaining the need for "(d) No electric energy rate increase ap­ remain cooperative, not-for-profit in­ such facility, including a detailed assess­ proved or ordered by the Commission under stitutions. As such, a Federal credit ment of the potential of alternative means this section may- union is member-owned and controlled of meeting demand for electric energy-relat­ "<1) be charged for electric energy sold and provides a safe and convenient ed energy services at less system cost, in­ prior to the date of such approval or order; place to save and to obtain reasonably cluding "(2) exceed an amount necessary to allevi­ priced loans. "(i} customer consumption efficiency im- ate or prevent the severe financial difficulty Federal credit unions have grown provements and use of renewable resources, of the applicant public utility; "(ii) load management techniques, "(3) be so substantial as to have an anti­ tremendously over the past 50 years. " (Mr. PROXMIRE), and the At the request of Mr. MITCHELL, the am submitting a concurrent resolu­ Senator from Vermont (Mr. STAFFORD) names of the Senator from Arizona tion, along with the ranking minority were added as cosponsors of S. 788, a (Mr. DECONCINI), the Senator from member of the Banking Committee, bill to amend the Agricultural Act of Hawaii of the Agricultural Act of 1949 <7 Resolved, That it is the sense of the Nonetheless, if the Congress does feel U.S.C. 1446(d)(7) (2) through (7)), as amend­ Senate that rural community fire protection compelled to express formally its views ed by section 101<2> of the Omnibus Budget grants provided under section 7 of the Coop­ Reconciliation Act of 1982, to make deduc­ erative Forestry Assistance Act of 1978 <16 on monetary policy, it should do so tions from proceeds from the sale of milk. through the established procedure we U.S.C. 2106) and rural fire prevention and e Mr. BAUCUS. Mr. President, for control activities of the Forest Service of ourselves have set up and not as a myself, Senator PR.oXMIRE, and Sena­ the Department of Agriculture should re­ rider to a budget resolution. If we tor D'AMATo, I send a resolution to the ceive a level of funding for fiscal year 1984 start the precedent that the budget desk. which is at least as high as the level of resolution can contain the Budget This resolution urges Agriculture funding provided for such programs for Committee's views about anything and Secretary John Block to delay the fiscal year 1983. everything, no committee's jurisdic­ first of two scheduled 50-cent assess­ RURAL FIRE PROTECTION PROGRAMS ESSENTIAL tion is safe. ments on dairy products that are mar­ e Mr. PRESSLER. Mr. President, Mr. President, I believe the concur­ keted commercially. The first assess­ today I am introducing a sense of the rent resolution Senator PR.oxMIRE and ment is scheduled to be imposed April Senate resolution that the rural com­ I have submitted does respond to the 16. munity fire protection grant program concerns of those Members who are I have stated my views clearly on and the rural fire prevention and con­ concerned about the effects of mone­ this assessment several times. On trol program receive funding at a level tary policy on the economic recovery. March 23, Senator LEAHY and I urged equal to or higher than that approved Specifically, the resolution expresses the House Subcommittee on Livestock, in fiscal year 1983. These programs are the sense of the Congress that the Dairy and Poultry to approve legisla­ essential to effective fire protection Federal Reserve should continue to tion repealing the assessments. I have service in rural communities across promote a reduction in interest rates urged the Senate Agriculture Commit­ the Nation. consistent with sustainable economic tee to do the same. The rural community fire protection growth and without rekindling infla­ All of us agree that the growing program was authorized by the Coop­ tion. dairy surplus is draining the Treasury. erative Forestry Assistance Act of 1978 In addition, the concurrent resolu­ We agree that changes in the dairy to provide financial, technical, and tion goes on to say that if the Con­ program to reduce that surplus would other assistance to organize, train, and gress is successful in reducing the benefit both farmers and consumers. equip fire departments in rural areas budget deficits projected over the next But this proposal to impose a 50-cent and communities under 10,000 popula­ several years that the Federal Reserve assessment is the wrong way to reduce tion. The funding level for the pro­ should allow the effect of these lower the surplus. My State of Montana is a gram has been $3.25 million in past deficits to be reflected in lower inter­ good example of how this policy would years, even though the administration est rates without attempting to offset discriminate against producers in has not requested funding. In 1983, the reduced pressure on financial mar­ States where there is no dairy surplus. 2,813 grants were made to rural fire kets with tighter monetary policy. In Montana, dairy producers are not departments to help prevent and sup­ Mr. President, I believe this concur­ under Federal marketing orders, and press fires. rent resolution responds to those who dairymen already are increasing their The rural fire prevention and con­ are concerned that the effects of any production to meet the need for cash. trol program applies Federal funds budget deficit might be offset by the Several dozen diary producers will be and Federal fire control and preven­ Federal Reserve. At the same time, it forced out of business entirely by the tion research and expertise in the task preserves the existing system estab­ assessment. If production falls below of protection Federal, State, and pri­ lished by Congress for overseeing mon­ the demand, Montana will have to vate forests. The program is a coopera­ etary policy. begin importing milk from neighbor- tive effort between the Forest Service April15, 1983 CONGRESSIONAL RECORD-SENATE 8733 and the States. The States match Fed­ United Nations-related agencies and to printed at this point in the RECORD, eral funds for fire control efforts. The other international organizations should followed by my reply to that response, program has been very effective. In oppose the adoption of international mar­ keting and distribution regulations or re­ and my most recent letter to Secretary recent years, funding for the program strictions which unnecessarily impede the Shultz. My original five questions has declined from $22.4 million in export of U.S. agricultural and other prod­ appear at page 6559 of the March 22, fiscal year 1981 to $14.4 million in ucts. 1983 RECORD. fiscal years 1982 and 1983. The admin­ e Mr. PRESSLER. Mr. President, There being no objection, the mate­ istration has requested only $3 million today I am submitting a resolution to rial was ordered to be printed in the for this program in its fiscal year 1983 promote U.S. agricultural and other Record, as follows: budget request. exports by opposing unnecessary re­ DEPARTMENT OF STATE, Continued funding for these two strictions and regulations developed Washington, D.C., Aprill, 1983. programs is vital to guaranteeing es­ and administered by international or­ Hon. LARRY PRESSLER, sential fire protection in rural areas. ganizations. U.S. Senate. Annually, over $11 billion of our re­ On March 22, I reported to this body DEAR SENATOR PRESSLER: Secretary Shultz sources are destroyed by fire, with has asked me to respond to that portion of that I had expressed my concerns to your letter of March 10 which deals with over 12,000 people killed and tens of Secretary of State George P. Shultz thousands injured by fire. Many of the draft United Nations "Guidelines for about recent developments in the Consumer Protection." these losses occur in rural communi­ United Nations that could adversely ties and small towns. Most of these I am pleased to enclose answers to the affect exports of American products, specific questions which you asked. If you communities depend on volunteer fire especially agricultural commodities wish additional details from the Depart­ departments and do not have funds to and finished goods. ment of State, your staff should contact purchase much needed fire equipment My concerns focused generally on William Brew, Special Assistant for Legisla­ without these programs. the dramatic increase in the number tive, Consumer and Public Affairs; Bureau The goal of these programs is to and scope of U.N. attempts to regulate of Economic and Business Affairs; Tele­ save lives and protect property in rural or otherwise influence our internation­ phone: 632-9310. areas. The 50,000 volunteer fire de­ Sincerely, al trade, and my specific concern was ALVIN PAUL DRISCHLER, partments with over 1 million fire­ the proposed worldwide consumer pro­ fighting volunteers in this country Acting Assistant Secretary tection guidelines pending before the for Congressional Relations. depend heavily on the programs to U.N. Economic and Social Council. As purchase equipment and to provide Ambassador Jeane J. Kirkpatrick adequate training. It is important that With respect to the Draft U.N. Guidelines stated in her article, "Global Paternal­ for Consumer Protection now pending the programs be continued. ism," published in the January /Febru­ before the Economic and Social Council, Mr. President, I urge my colleague ary 1983 issue of Regulation: please answer the following questions sepa­ to join me in support of this resolution Attempts to deal with these problems rately: calling for continuation of the rural [health and safety] within the U.N., howev­ Q: What is the present position of the fire protection programs.e er, too often are caught up, in a very crude United States on these Guidelines, and how kind of anti-capitalist ideology that is more was that decision arrived at? concerned with restricting and discrediting A: The general approach of the comments SENATE RESOLUTION 115-RE­ multinational/transnational corporations. on the Guidelines, which were delivered to LATING TO UNITED NATIONS the U.N. Secretariat on March 25, is recogni­ CONSUMER GUIDELINES Mr. President, this is a subject that should concern all of us in Congress tion of the importance of the goal of con­ Mr. PRESSLER submitted the fol­ from a jurisdictional, as well as a sub­ sumer protection both domestically and lowing resolution; which was referred internationally, but skepticism that the stantive, point of view. I chair two sub­ Guidelines are the best or only means of to the Committee on Foreign Rela­ committees with foreign trade over­ tions: achieving that goal. Our comments dealt sight responsibilities, and I represent a with every section of the Guidelines, oppos­ S. RES. 115 State that has significant interests in ing some concepts, approving of others, and Whereas in an increasingly interdepend­ matters affecting foreign trade. Yet, raising questions about the remainder. ent world economy, government measures neither I nor any similarly situated Copies of the Guidelines and the March 25 that restrict the economic and efficient colleague, to my knowledge, was given comments are enclosed. marketing and distribution of American ex­ direct notice of the pendency and The comments were developed on an ports of agricultural commodities, goods, interagency basis, with each agency com­ and services hurt not only United States scope of these so-called consumer pro­ tection guidelines that !ire expressly menting on sections of interest to it at meet­ producers but also consumers in countries ings or in writing. Each agency was provided around the world; and intended to affect the regulation of copies of public Whereas United Nations Ambassador both our foreign and domestic com­ Jeane Kirkpatrick recently called attention comments that had been received. The merce. State Department served as the "secretar­ to the growth of such restrictions in her Unless article I of the Constitution speech of December 9, 1982, on "Global Pa­ iat" for this interagency process, drafting ternalism: The U.N. and the New Interna­ was amended recently, Congress still the comments on the basis of the views ex­ tional Regulatory Order;" and has exclusive jurisdiction over the reg­ pressed. Whereas the Economic and Social Council ulation of American commerce here Q: What evaluations were made with of the United Nations is scheduled to act at and abroad. Yet, according to a State respect to the effect of the Guidelines, if its July 1983 meeting in Geneva on pro­ Department response to my original implemented worldwide, on the export of posed "consumer protection" guidelines agricultural commodities? letter, only the views of trade associa­ A: No econometric or analogous analysis which may restrict U.S. exports and con­ tions, consumer groups and Federal sumer choice; and of the potential impact of the Guidelines on Whereas other comparable restrictions agencies were directly solicited by the exports of agricultural commodities was at­ are currently under development in the executive branch to approve in the tempted. The draft Guidelines focus, in United Nations Commission on Trade and name of the United States concepts part, on food products and national food Development, and elsewhere; and for regulating our commerce. What is policies and, except for one significant ex­ Whereas it is the policy of the Reagan Ad­ next-the signing of binding foreign ception, speak in fairly general terms; por­ ministration to seek relief from unnecessary trade agreements without our review? tions of the Guidelines were reviewed for domestic regulations which restrict the ef­ Mr. President, because of the impor­ consistency with U.S. policies in similar fective operation of the American market areas. The exception is a reference to highly economy, and there seems every reason to tance of this subject to American agri­ processed foods; as can be seen from the en­ apply a ·similar policy with respect to inter­ culture, trade and this body's own con­ closed comments, the negative reference to national regulations: Now, therefore, be it stitutional mandate, I ask unanimous such foods : What groups and members of Con­ Q: When are these Guidelines sched­ proposed Consumer Protection Guidelines. gress were given an opportunity to comment uled to be considered by ECOSOC, and is it It mentions that federal agencies provided on the proposals for national legislation on possible for us to have that consideration input "through written and oral comments" these Guidelines and what positions did postponed if it is scheduled to be within the in two meetings. Please provide copies of they take on the provisions that might next six months? the written comments and a complete set of affect or influence American export policy A: The Guidelines are to be considered at the notes and other memorializations made or practices? the next meeting of ECOSOC, currently of any meetings or conferences on this sub­ A: Development and assembly of the U.S. scheduled for July 1983, in Geneva. The dis­ ject. Please take care to identify who from comments on the Guidelines was coordinat­ cussions will be based on a U.N. Secretariat each agency commented, the content of ed by the U.S. Office of Consumer Affairs report currently in preparation; we under­ : What is the basis for singling out so-called Consumer Protection Guidelines "highly refined and expensive food prod­ pending before the United Nations Econom­ AMENDMENT NO. 547 ucts" for special attention by the world's ic and Social Council. Despite the fact that these Guidelines expressly will affect our the table.) A: We are unaware of the specific basis for country's domestic and foreign commerce, I Mr. COHEN submitted an amend­ including this reference to "highly refined am shocked to learn from your Depart­ and expensive food products." However, the ment's letter to me that on one in Congress ment intended to be proposed by him proposed guideline is similar in tone to was consulted before the position of the to amendment No. 522, proposed by many of the arguments in favor of the United States was taken at the U.N. Mr. KASTEN, to the bill (S. 144) to "Infant Formula" marketing code, approved Apparently, only trade associations, con­ insure the continued expansion of re­ by the WHO in 1981. The argumentation sumer groups and other federal agencies ciprocal market opportunities in trade, implies that developing countries, or poor were directly consulted, and a notice was people, do not need to be offered expensive published in the Federal Register. Section 8 in services, and investment for the products, which they cannot afford, or prod­ of Article I of the Constitution provides United States, and for other purposes. ucts of less than optimal nutritional value. that Congress has the exclusive jurisdiction AMENDMENTS NOS. 548 THROUGH 776 Our comment on this guideline is negative. to regulate domestic and foreign commerce. : What specifically is meant by sug­ The Guidelines include principles, the en­ gesting that all governments should have dorsement of which would be a statement of the table.) policies and plans providing for "processing our nation's policy on how our commerce Mr. DOLE submitted 229 amend­ and distribution and should include mecha­ should be regulated. At the least, a proposal ments intented to be proposed by him nisms for appropriate activity in the case of of such magnitude deserves to be brought to to the amendment programs. Much to my and Balanced Force Reductions talks, and position on new Intermediate-Range Nucle­ regret, the House and Senate conferees to would not save money. A study prepared ar forces . In the process, the forces of the FY 1983 defense appropriations bill de­ last year by the Congressional Budget disengagement and neutralism in Germany cided to delete all production funds for Per­ Office found that withdrawing 70,000 U.S. were delivered a stinging rebuke. shing II and cut GLCM production funds by troops would produce savings of $400 mil­ Despite NATO's present vitality, we must $79 million. Although the conferees claimed lion a year, but it would also require $10.4 never take the Alliance for granted. If that NATO can still meet the December billion in new construction for stateside fa­ NATO is to continue to serve the national 1983 deployment date for this missile with cilities. security interests of its sixteen Members, we the 21 Pershings funded in last year's ap­ None of this is to suggest that we should must anticipate future problems before they propriation, I am concerned that a congres­ in any way lessen our efforts to promote arise and resolve lingering disputes before sionally-mandated halt in the production greater defense contributions on the part of they reach crisis proportions. Above all, we series can only create doubts in Europe as to our Allies. We must all do more. But a great must remember that the United States American resolve to carry through with the power like the United States should lead by cannot rule NATO by dictate. Mutual trust deployments. Moreover, as Ambassador example. A great power determines the and support can only be sustained if we Nitze advised me in a letter last December, course that must be pursued and, by force maintain the closest consultation and dia­ "There is no prospect that the Soviets will of logic and persuasion, encourages its allies logue. In this context, I would like to discuss negotiate seriously on the basis of the U.S. to make greater efforts and sacrifices than a number of contentious issues that stand at proposal if they conclude that support of might otherwise be the case. the top of the Alliance's current agenda. the Congress for our deployments may be This is the challenge, and the responsibil­ The issue most likely to affect the well­ withdrawn or weakened." ity, that confronts the Alliance as we strug­ being of NATO in the year ahead is clearly While we in Congress are about the busi­ gle in hard economic times to deploy ade­ the "dual track" INF missile deployment ness of correcting the damage done to quate conventional defense capabilities. A and arms control plan. Some observers have NATO by last year's defense appropriations decision by the United States to unilaterally said that 1983 will be "the year of the mis­ bill, there are three other important pro­ withdraw troops from Europe would not, in sile," and I tend to agree, at least as it per­ grams that require special attention. First, my opinion, serve as a catalyst for greater tains to NATO. With the re-election of Congress should modify the overly restric­ European defense expenditures. Rather, I Chancellor Kohl, the NATO plan crossed a tive and protectionist language on specialty fear that it would send quite a different significant hurdle. The new German govern­ metals to permit a broader waiver authority signal, a signal that America is confused ment has reiterated its willingness to accept in cases that promote NATO weapons stand- about its security interests and unwilling to April 15, 1983 CONGRESSIONAL RECORD-SENATE 8737 bear the burdens of Alliance leadership. Afghan guerrillas. He did not elaborate, and after spending several months in a military The result would be a crisis greater than his companions thought it best not to ask. hospital told close friends that he had suf­ NATO has ever faced. But this is a crisis Pervasive secrecy about the Afghan war fered severe lung damage from a chemical that can and must be avoided. I can assure and the dispersion of returning troops weapon and had been given five years to you that I will oppose any proposal this through a country that has 271 million live. year for withdrawing troops from NATO people and is spread almost halfway around His friends, who asked that he not be fur­ with all the energy and conviction that I the world make it hard to draw a represent­ ther identified, assumed at first that he had can muster.e ative picture of the Afghan war as seen been the victim of a gas attack by insur­ through Soviet eyes. gents. But when he steadfastly refused to But on the basis of comments collected say how he had been injured, or by whom, HINTS OF TROUBLE REACHING through a variety of Soviet sources during they concluded that he must have been the SOVIETS FROM AFGHAN WAR the last eight months from 15 officers and victim of an accident involving a Soviet e Mr. ARMSTRONG. Mr. President, soldiers who served there it would appear chemical weapon. on Sunday, April 10, the Philadelphia that the 105,000 Soviet troops now in Af­ Moscow has denounced as a fabrication Inquirer ran a Los Angeles Times dis­ ghanistan suffer significant problems of U.S. contentions that Soviet chemical weap­ morale and discipline. ons have killed at least 10,000 villagers and patch by Robert Gillette concerning Western diplomats do not believe that insurgents in Afghanistan, Laos and Cambo­ the views of the ordinary Soviet sol­ these problems are likely to weaken Soviet dia since 1975. In a mirror image of the U.S. diers of the conflict in Afghanistan. It determination to stay in Afghanistan or to accusations, the Soviet have contended in sheds light on the barbaric Soviet mili­ force basic changes in the conduct of the turn that the United States is supplying tary practices, and the effect these are war agaainst the insurgents. But experi­ "poison chemicals" to Afghan guerrillas. having on Soviet military morale. I ask ences of Soviet troops, as they spread, are The only physical evidence the Soviet that it be printed at this point in the beginning to color public impressions of the have cited consists of hand grenades they RECORD. war. say were found among guerrilla arms The article follows: Secrecy limits the effect. Soviet news caches. Published Soviet photographs clear­ media, except for a recent spate of articles ly show some of them labeled as smoke gre­ HINTS OF TROUBLE REACHING SOVIETS FROM about heroic Soviet soldiers, rarely publish nades designed for defensive training exer­ AFGHAN WAR anything resembling war news. Many re­ cises. Others are marked as containing non­ turning soldiers seem reluctant to talk lethal agents used in civilian riot control. Moscow.-A Soviet army lieutenant, about the war for personal reasons. More­ Neither is likely to have caused the kind of home from Afghanistan, shocked his civil­ over, all Inilitary personnel, in addition to severe injury reported by the Soviet officer. ian companions in a restaurant recently he signing pledges not to have contact with for­ One Western military attache said he had told them that he never wanted to see his eigners, appear to live under special con­ no doubt that Afghan guerrillas would "use comrades-in-arms again. The officer had straints where Afghanistan is concerned, anything they could get tbeir hands on," been drinking, but his sincerity was not to and these may extend to troops discharged but he added that it would make no sense to be doubted. from the army. put lethal gases in hand grenades because To the civilians at the table, Russians On the overnight train from Leningrad to their short range would endanger the troops steeped in the sentimental reminiscences of Moscow, for example, a SoV:ct office worker using them, even if they had protective World War II that fill popular books and recently found himself sharing his compart­ gear. magazines and a good part of Soviet televi­ ment with an army captain on sick leave. The captain, eyes yellow with jaundice, Western analysts generally agree that sion programming, the young lieutenant's while Soviet and Afghan government forces attitude was incomprehensible. turned down an offer of cognac, saying that he was recovering from hepatitis-a hold the cities, they control no more than He explained simply that there was noth­ about 20 percent of the countryside. Re­ ing about the war to sentimentalize. It is common illness among Soviet troops in Af­ brutal and brutalizing, he told his table­ ghanistan-and that doctors had ordered marks by returning soldiers conform with mates, and the less that he had to think him not to drink. this; they also tend to corroborate Western about it the better. The office worker, struggling to make con­ reports that guerrilla resistance continues In the three years since the Soviet army versation, asked the captain what he did in in Kabul and other cities and that city installed the pro-Moscow regime of Presi­ Afghanistan. "We guard sites," he replied streets in Afghanistan are far from secure. dent Babrak Karma! in Kabul, about curtly, and fell silent for the rest of the trip. The air force officer who described the 300,000 soldiers and officers have returned Other military officers, however, have overall military situation as terrible, for in­ from Afghanistan on regular troop rota­ provided vivid glimpses of the difficulties stance, also said that even in the capital of tions, according to Western military special­ that Soviet forces face in rooting guerrillas Kabul "there is no safe place to walk." ists. Like the lieutenant, some of them are out of the awesomely rugged terrain of Af­ One young Muscovite, home on sick leave bringing home feelings of bitterness, frus­ ghanistan. During a brief home leave last for hepatitis, said the standard procedure tration and horror of the American experi­ summer in the Moscow area, an air force for Soviet soldiers going to Kabul cafes is to ences in Vietnam. lieutenant colonel told an acquaintance that travel in groups of half a dozen, accompa­ Some have told friends and relatives of the military situation there was "terrible." nied by two or three armed Afghans. In the the futility of massive Soviet firepower in Echoing frustrations heard more than a cafes, he said, all keep their machine guns mountainous terrain, where a fanatic enemy decade ago from Americans in Vietnam, he in their laps. seems to be everywhere yet is rarely seen. complained, "You shoot but you never see No official Soviet figures on casualties in There are scattered reports from return­ anyone or anything to shoot at." He added Afghanistan have been made public, but the ing troops about high casualties-squads that tanks, the mainstay of the Soviet army, U.S. Defense Department estimates that the and platoon-size units devastated by deaths, had proved of limited value in a guerrilla Soviets have paid a relatively low price in wounds, accidents and illness. In one in­ war. "What good are tanks in the moun­ three years of conflict, with 5,000 killed and stance, a Soviet officer has told friends that tains?" he asked. about 10,000 wounded. In the absence of of­ he was gravely injured by a chemical His perspective appeared to be that of an ficial Soviet information, Soviets often are weapon apparently one involving Soviet­ officer providing air support for ground op­ willing to believe much higher figures, in made poison gas. erations. According to Western military spe­ part because of sporadic but persistent re­ Other veterans of the conflict are talking cialists, the Soviets gradually have absorbed ports of badly depleted units. about the widespread use of marijuana and basic lessons of guerrilla warfare in Afghan­ One young veteran from the Ural Moun­ hashish among Soviet troops. A few have istan and are adapting their tactics to local tains wrote to friends in Moscow last fall, hinted at casual violence and atrocities com­ conditions. Air support is said to have im­ for example, telling that only he and one mitted by youthful Soviet recruits, possibly proved, mainly through the growing use of other had survived out of his squad of 10 in retaliation for similar acts by Muslim in­ helicopters. In the process, however, the So­ draftees. surgents. The disillusioned lieutenant, for viets have turned to scorched-earth tech­ The Moscow soldier flown home to recu­ one, gave two reasons for wanting to banish niques, using ground forces to cordon off perate from hepatitis said that 20 percent of his memories of Afghanistan, which he said villages and reducing them to rubble with those in his unit-he did not specify size­ was "ruining" good men: indiscriminate strafing and bombardment. were either dead, wounded or ill. Still an­ There are the severely wounded and crip­ None of the soldiers and officers whose re­ other soldier, from the Georgian capital of pled whose own traumas, he said, are pain­ marks were accessible reported having seen Tbilisi, told friends several months ago that ful to think about. And there are others, he or hear about the use of Soviet chemical only two of the 14 troops in his unit were said, who had debased themselves by "cut­ weapons in Afghanistan. In one instance, still alive after less than a year in Afghani­ ting off heads and other body parts" of however, a Soviet officer who came home stan. 8738 CONGRESSIONAL RECORD-SENATE April15, 1983 According to Western milftary specialists, 1003, "The Child Abuse Prevention Maine people learn to read and thus the high incidence of infectious hepatitis re­ and Treatment and Adoption Act become more fully active in society. flects a combination of scarce water in Af­ ghanistan and poor sanitation in military Amendments of 1983." This legislation We do not often stop to consider the camps. will reauthorize Federal efforts in insurmountable difficulties of the In the case of the soldier from Soviet child abuse and adoption assistance. functionally illiterate-frequently, it Georgia, an acquaintance said that after re­ The primary purpose of this legisla­ seems that we would prefer to ignore cuperating at home. he was sent back to Af­ tion is to facilitate and encourage the the problem. But imagine the disad­ ghanistan, in evident despair, with only adoption of special needs children and vantages of people who cannot read a three months left to serve. When his assist States in treatment and preven­ menu, understand directions on pre­ mother told him she was buying him new tion of child abuse and neglect. These clothes in anticipation of his discharge, the scription drugs, read the daily newspa­ friend said he replied. "Don't bother. I programs, as a part of the overall child per, or read a story to his or her child. won't be coming home." welfare system, served over 100 million More importantly, many of our fellow Whether he came home safely could not children in 1981. citizens are denied opportunities for be learned. Through the National Center on job advancement because they cannot Most Soviet soldiers in Afghanistan are Child Abuse and Neglect, an entity read required information on complete draftees in their teens and early 20s who designated to provide information and necessary paperwork. know little about the outside world and research grants to States on various often seem ill-prepared and poorly motivat­ In Maine, more than 10 percent of ed for the ferocity and complexity of child abuse and neglect issues, States the adult population is classified as modern guerrilla war. Recruits heading for receive grant moneys for demonstra­ functionally illiterate. That percent­ Afghanistan are told routinely that their tion and service projects to treat child age translates to 80,000 Maine people job is to defend a brotherly communist abuse and neglect. The definition of who are functioning well below their country from U.S. aggression. Not everyone child abuse under this act has been potential-and that represents a stag­ believes it. amended to include "the denial of nu­ gering loss in human energy and pro­ "They told us we had to go to Afghanistan trition, medically indicated treatment, to keep America from deploying nuclear ductivity. weapons there." a veteran told two Ameri­ general care or appropriate services to Literacy Volunteers has been doing can students in Moscow last fall. The veter­ infants with life-threatening congeni­ something about the problem. There an indicated that he and his friends who tal impairments." The expansion of are currently over 450 active volun­ had served there had attached little cre­ the scope of these services is meant to teers in Maine giving their time and dence to the argument and that. overall, provide the protection of State and energy to help their fellow Maine citi­ they had found their experience in Afghani­ Federal child abuse, neglect, and treat­ zens overcome this handicap. While stan a dispiriting one.e ment laws to handicapped infants. As public recognition of the efforts of a strong advocate of handicapped pa­ this fine organization has not been TRIBUTE TO GEN. WILLIAM tients, programs and groups, it is my what it should, more and more people LYON hope that the protection offered are aware of Literacy Volunteers and • Mr. WILSON. Mr. President, at a under these laws will be extended to the fine work the group does. In fact, time when so many people find it easy handicapped infants. earlier this year a special week was to criticize the omissions or commis­ These amendments would reauthor­ designated as "Literacy Volunteers sions of others, I am particularly ize that authority as well as programs Week in Maine." pleased to bring to the attention of that provide adoption assistance for Much of the credit for the work this body favorable recognition of special needs children. Special needs done by Literacy Volunteers in Maine someone who has given unselfish and children include those over 6, children must go to Sister Mary Benigna and outstanding service to our Nation and that may have a handicapping condi­ Agnes Beckwith, who organized the his own community. It is truly a pleas­ tion, minority children, and the list group in Maine in 1969 and have been ure for me to join with the Construc­ has been expanded under this act to vigilant in working for this worthwhile tion Industries Alliance Division of the include handicapped infants, with the cause ever since. City of Hope, Los Angeles, Calif., in hope of facilitating their adoptions. Ignoring a problem as serious as illit­ honoring Maj. Gen. William Lyon There is no national resource as im­ eracy will not make it go away. Only

1982 1981 1980 1979 1978 S-year average

Total income ...... 1 $436,676 2 $283,068 $207,SS9 $96,391 $12S,889 $227,717 Combined salaries ...... 12S,741 116,017 60,663 67,970 107,SOO 95,578 Honoraria ...... •...... 1 142,147 2 66,8SO 29,8SO 20,32S 22,SOO S6,334 Employee business expense ... . 22,196 17,873 S,69S 7,470 S,S88 11,764 Adjusted gross income ...... 414,480 2S7 ,69S 198,264 88,921 120,301 215,932 Deductions: Medical ...... 150 ISO ISO ISO 150 ISO State. local and other taxes ...... 26,378 20,426 11,600 5,304 9,666 14,67S Interest...... 4,406 (") 2,4SO 2,S25 2,S48 2,386 Charitable contributions ...... 69,S88 46,710 19,919 6,417 7,938 30,114 Miscellaneous ...... ····································· ======12,376 5,8S8 6,1S7 24,358 12,106 12,171 Total Federal taxes paid ...... 142,S64 93,534 80,0S2 38,424 36,S38 78,222 Federal taxes withheld ...... 37,372 37,577 19,861 21,888 32,050 29,7SO Additional Federal taxes paid ...... •...... •..•...... IOS,I92 S6,93S 60,191 16,S36 4,487 48,668

1 Includes $51 ,SOO in honoraria donated directly to charity (see attachment), and $6,397 net income from radio programs, but excludes $12,596.74 in non-taxable retirement pension from U.S. Army Senator Dole receives as a result of injuries sustained in World War II. 2 Includes $30,500 in honoraria donated directly to charity. 3 $2,374 standard home mortgage interest deduction included in Employee Business Expense.e

WHITE PAPER ON NATIONAL nity. Those who facilely separate national al communism, aligned against us since the SECURITY security from more immediate economic end of World War II. issues affecting their balance sheets may U.S.-Soviet relations since the Second e Mr. ARMSTRONG. Mr. President, well object to the importance the USIC World War and even earlier is characterized Mr. Edward Walsh has prepared for places on national defense. Yet the Council by conflict and competition for political, the U.S. Industrial Council a thought­ derives its identity from such disagreement. economic, and military leverage in every ful and provocative "white paper" on We are an organization of American busi­ corner of the globe. Although this point national security. It is meticulously re­ nessmen who consider ourselves Americans seems so elementary as to hardly be worth searched, carefully written, and sug­ first. Furthermore, as businessmen, we see a mentioning, it deserves to be stated early in gests some imaginative answers to clear link between the defense of our nation this paper, since recognition of the funda­ some of the most vexing questions and those allies who share our political mental, unrelenting conflict between the values, and the preservation of the vital and United States and the USSR, at every level, facing us in national security policy. I precious economic liberties that enable us to is the linchpin of the USIC perspective on believe all Senators will profit from continue to provide prosperity and security national defense. studying it carefully. I ask that the to our employees, our shareholders, our Furthermore, the reality of U.S.-Soviet United States Industrial Council's families, and our country. conflict is no longer as apparent as it once White Paper on National Security be was. Two decades of diplomatic obfuscation printed at this point in the RECORD. INTRODUCTION and overwrought idealism by liberal U.S. The material follows: The United States Industrial Council has policymakers have distorted the image of long recognized the need for America to the Soviet Union, transforming it from that UNITED STATES INDUSTRIAL COUNCIL WHITE remain militarily strong. The Council mem­ of an aggressive, totalitarian, militaristic su­ PAPER: NATIONAL SECURITY bership is composed of patriotic business­ perpower, as the USSR was recognized to be PREAMBLE men who believe that our precious political twenty years ago, into an economically trou­ This paper is a statement of the United and economic liberties, including the free­ bled, insecure, and backward rival to the States Industrial Council's views on the crit­ dom to participate in a free enterprise eco­ U.S., but still a rival that yearns for friend­ ical issues of national defense. It is a broad nomic system, are purchased by constant ship with the American people. statement, an attempt to look to the future, vigilance against internal and external en­ Backward it may be. Economically weak it with a sense of concern about the present. emies. certainly is. Yet, in international affairs, the A statement by a business organization on Forty years ago, those enemies were the Soviet Union today is essentially the same the vast and complex issues of national se­ forces of militarism and fascism. Today, the as it was under Stalin: aggressive, ambitious, curity must necessarily provoke disagree­ principal threats to our nation are Soviet deceitful, and militaristic. This reality has ment within the American business commu- imperialism and the puppets of internation- never changed, even in the years of preten- 8740 CONGRESSIONAL RECORD-SENATE April15, 1983 sions to " d~tente ," when trade and cultural gistical and auxiliary ships. The Soviet Navy single launcher. Soviet ICBM forces now contacts with the Western democracies ex­ operates 377 submarines. 180 of which are boast five types of launchers . the SS-17, -18. and establishments of both superpowers. The women by the end of 1983. U.S. ground - 19. The SS-18 is the world's largest rocket. theme may have been "U.S. quality" ar­ forces will be composed of 16 Army and more than twice the size of the U.S. Minute­ rayed against Soviet "quantity." But the three Marine divisions. man III. All these missiles are configured as trend in nearly every criterion of military The Soviet Navy boasts 360 major surface multiple-targeted reentry vehicles . preparedness has been in the Soviets· favor. warships and amphibious vessels, up from that is, multiple warheads mounted on a The relationship today is more precisely about 260 in 1965. In addition. the Soviet U.S. quality vs. Soviet quality and quantity. fleet includes 935 smaller missile and patrol In short, the fundamental assumptions on vessels and minesweepers. and some 755 lo- Footnotes at end of paper. which U.S. defense policy has long been April15, 1983 CONGRESSIONAL RECORD-SENATE 8741 based have been fractured. The perennial sion, and rapidly developing technologies. " technology transfer," the USSR has warnings about Soviet efforts to "catch up" Insofar as the participants are honorably tapped Western sources of sophisticated with the U.S. in military power are on engaged in determining how the United new technologies for both military and civil­ longer relevant. Although the perception of States can best defend itself and its inter­ ian applications. The U.S. Industrial Coun­ U.S. technological superiority in certain ests, the USIC stands apart from the cil has long opposed, and continues to areas remains valid, the Soviets have caught debate. However, it is clear that many of oppose, trade with Soviet bloc countries in up. Despite the hopes of liberals in the U.S. those who object to building new, larger nu­ such strategic goods and technologies. Cur­ foreign policymaking apparatus through clear-powered aircraft carriers, high-per­ rently, there are ten agreements on scientif­ the Sixties and Seventies, the trends in formance jet fighters, and other weapons ic and technological cooperation in effect Soviet military development demonstrate are uninterested in, or antagonistic to, the between the U.S. and the USSR. These have that the Soviets are not, and never have critical national security challenge facing eased the efforts of Soviet spies to obtain been, content with " rough equivalence." In­ the United States in the mid 1980s. access to classified U.S. industrial and scien­ stead they are pressing for clear military su­ The Council believes that the fundamen­ tific information with potential military periority over the West. tal consideration in deciding what weapons uses. This conclusion is amply supported by the should be tested, evaluated, and procured by Since the Soviet strategy is offensive, the recent history of Soviet and U.S. spending the Defense Department is, simply put, that strategy of the United States must be to on defense. The chart below provides a weaponry must reflect a coherent strategy. counteract that offense. Despite the slan­ graphic illustration of the trends in military This unremarkable axiom has served as the ders of leftists at home and abroad, the U.S. spending by both superpowers: underpinning of defense planning through seeks only to defend fundamental political [Charts are not printed] the postwar decades. In recent years, howev­ freedom. Our strategy is defensive in The chart reveals not one, but two signifi­ er, questions have arisen as to what the U.S. nature; thus, the military posture through cant trends: first, the nearly inexorable strategic view should be. Long-held assump­ which that strategy is expressed, and the growth in Soviet military outlays; and, tions about our relations with the Soviet tactical organization and weaponry it de­ second, the precipitous decline in U.S. de­ Union, China, the Middle East, the nations ploys, will be configured for defense as well. fense expenditures in the years 1968-1976. of Latin America, and our allies in Western The U.S. Defense Department, in its 1981 For this reason, the USIC strongly sup­ Europe have been shaken and revised. The ports President Reagan's efforts to increase report on Soviet military power, estimated developing nations of the "Third World" that in 1979, the Soviet Union outspent the the tactical and strategic capabilities of our commanded greater attention from both su­ armed forces. It should be emphasized that United States on defense by 70 percent. perpowers. The repercussions of the Viet­ Gen. David C. Jones, who retired as chair­ those efforts do not attempt to suddenly nam tragedy were felt throughout American overturn the ratio of federal dollars devoted man of the Joint Chiefs of Staff last year, policymaking, and the pursuit of "detente" suggested in his Fiscal Year 1982 Military to domestic social programs and military with the Soviets blurred our assessment of spending. The President's program aims at a Posture Statement a more conservative their international behavior. figure of 50 percent, or a dollar figure of much-needed reorientation of budget ex­ While our nation's policies and positions penditures, in order to improve our de­ $450 billion over the past ten years. The with regard to all nations will constantly be Central Intelligance Agency estimates that fenses. A larger share of the budget will be amended to reflect changing conditions, our spent on the military, but the weight of fed­ the Soviet devote 12-14 percent of gross na­ strategic world view, as it affects national tional product to military expenditures. The eral expenditures will continue to pay for security, should remain constant. As stated domestic programs, as illustrated on the Soviet defense sector is the first priority of at the outset of this paper, the USIC be­ the Soviet economy. In contrast, U.S. de­ chart at the top of page 14. In other words, lieves that the centerpiece of that strategic the claim by the opponents of the Presi­ fense spending in relation to GNP is depict­ view should be the conviction that the ed below: dent's program that funding is being shifted Soviet Union is the greatest threat to our from social programs to defense is false. [Chart is not printed.] security, and that the Soviets or their The conclusion to be drawn from the evo­ The President's original defense proposal agents are close to the center of most re­ projected defense expenditures of $1.611 lution of Soviet and U.S. military spending gional political crises that endanger the is not that the United States should mimic trillion through the years 1982-87. That United States' interests. figure reflects an average real growth rate the Soviets in every weapon ordered and For American policymakers to formulate dollar allocated to defense. Comparisons of of 8.1 percent, which is not excessive in strategy, from which the technical configu­ light of the trend of the seven preceding forces and expenditures are only useful in rations of weapons systems are derived, it is discovering the direction most likely to be years, 1975-81, during which defense spend­ first necessary to examine Soviet interna­ ing rose at a real rate of only 1.8 percent. 10 taken by both sides into the future. Until tional behavior: an unremitting pattern of 1978, the disparity in the trend was unmis­ as well as at the Administration. arguing that the U.S. can obtain better de­ relaxed its lead in nuclear weapons in order On the second objection, while the USIC fense by ordering updated versions of older to allow the Soviets to "catch up" with us does not believe that the Defense Depart­ tanks, smaller, less sophisticated aircraft and join us at a level of nuclear weaponry ment should be given carte blanche to spend carriers, diesel-powered rather than nuclear­ that the authors of deterrence thought whatever it likes, it does state, as one of the powered submarines, and simpler helicop­ would create a stalemate. This slowdown in pillars of the USIC Declaration of Policy, ters ' and other conventional weapons sys­ building strategic weapons meshed well with that a credible defense must be maintained. tems. The "simpler is better" option may the political realities of the Vietnam years, This is a judgment on principle, not on an well be worth evaluating where more com­ when it was difficult enough to get defense economic or political calculation of what plex weapons have failed repeated testing appropriations through Congress. But it the nation can afford to spend on national and force readiness requires as-soon-as-pos­ had a highly theoretical rationale: that security. The Council believes that defense sible delivery. Nevertheless, it should be each side would deploy a "countervalue" nu­ is the ultimate social welfare program, considered on a case-by-case basis, not as a clear capability-the power to inflict "unac­ which determines whether the United general rule. Those who advocate buying all ceptable" civilian casualties on each other­ States will be able to continue to provide smaller, cheaper, and simpler weapons with­ such that the horror of nuclear war would both social services to the undeprivileged out regard for mission or battle conditions in effect deter it. and economic freedom to the businesseman. in which they would likely be used are prob­ The problem with deterrence was that no The third and fourth points are startling ably more interested in cutting defense one explained it to the Soviets. As the Sovi­ opposites. That they are voiced at all dem­ spending than in insuring adequate military ets built their strategic arsenal to the level onstrates the central problem of the Reagan preparedness. The "cheaper is better" of the awesome power they boast today, it Administration's defense planning: the Ad­ school is in some ways a convenient, some­ became clear that they were not content ministration has not adequately explained what respectable smokescreen for outright with a stalemate. Instead they were building or defended its policy. The dichotomy was enemies of strong national defense. nuclear weapons large enough and powerful illustrated in a speech by Secretary of De­ THE PROBLEM OF "DETERRENCE" enough-and building enough of them-to fense Caspar Weinberger on April 19, 1982 It is in the strategic area where the Ad­ destroy the American missiles that made up to the Council on Foreign Relations. Mr. ministration risks losing the support of our "deterrent." Weinberger outlined a strategic view that longtime believers in strong national de­ In late 1976, the President's Foreign Intel­ the USIC believes is the correct one. He fense-the "defense consensus," as a result ligence Advisory Board suggested that the called the USSR a "mature and aggressive of its failure to articulate its policy, or more nation's intelligence community, as part of superpower" and explained that "the precisely, the link between strategy and the annual National Intelligence Estimate, United States seeks to deter Soviet aggres­ weapons-building. This is especialy true conduct an exercise in strategic theory, uti­ sion against the United States and its allies since the spread of a popular movement lizing competing teams to challenge and by maintaining the capability to respond ef­ calling for a bilateral "freeze" on develop­ defend deterrence. The challenge team, fectively at the lowest level of violence." 11 ment of strategic nuclear weapons. Despite called the "B" team, won. The N.I.E. conclu­ At the same time, however, he stated that its roots in the pro-Soviet Left of Western sion, that the Soviets possessed a "counter­ the Administration might make "certain Europe, the freeze movement is also an ex­ force" or anti-missile capability, sent shock budget reductions" in the defense budget pression of the fears of many well-inten­ waves through the U.S. defense and foreign for fiscal year 1983. Without retreating tioned Americans that the nuclear arms policy establishment. from any defense commitment, he suggested "race" is out of control. These fears are a Today the Soviets possess, in their 300- that the door was open to cutting the de­ culmination of some twenty years of lack of plus SS-18 ICMBs, each of which carries ten fense plan the administration had suggested understanding by the American people of warheads, the capability to destroy our one year earlier. the direction of our nuclear arms policies. land-based deterrent. Needless to say, the perception was one of Despite the president's efforts this lack of The unprecedented Soviet strategic build­ contradictions: of wanting to maintain and understanding still exists. up that gave birth to the counterforce capa- April 15, 1983 CONGRESSIONAL RECORD-SENATE 8743 bility took place, in the height of irony, This is the realization we have arrived at ABM system, the Sentinel. Three days later, during the years of strategic arms limitation today. Over the years, the United States has the Skviets agreed to begin the arms limita­ talks between the U.S. and the USSR. The phased out obsolete ICBMs. The Minute­ tion talks that led to SALT I, signed by SALT II treaty was signed in Vienna on man II was a replacement for the older President Nixon in Loscow on Mai 26, 1972. June 18, 1979, by President Jimmy Carter. A Titan II, and the Minuteman III was an The centerpiece of SAHT I was that neither little more than a year later, an anonymous update of the former. Now, however, we side deploy an effective ABM defense. The Carter Administration official leaked the face an unprecedented situation, a pause in dismajtling of the single U.S. ABM site near story that Mr. Carter had signed Presiden­ the evolution of nuclear weapons strategy. Grand Forks, North Dakota was not recipro­ tial Directive 59, which proposed a sea The Reagan Administration, like the Carter cated by the Soviets. Hn violation nf SALT change in strategic policy. 14 Deterrence in Administration, has been unable to find a I, they cjnthnued research and development its former sense-utilizing assured destruc­ politically acceptable MX basing mode that of ABM, violations of which were at times tion-was to be augmented by a policy of will be invulnerable to attack by the current both clandestine and blatant. fighting a ·"limited" nuclear war. Soviet generation of Soviet missiles and that can The 1982 report of the Joint Chiefs of military installations, including missile silos, be rapidly constructed. Early on, the Ad­ Staff reported publicly the U.S. intelligence communications centers, and command ministration ruled out Mr. Carter's plan of community's suspicions that the Soviets had posts, would be targeted, in recognition that "multiple-point" basing throughout the de­ continued to work on an ABM system: "A the Soviets contemplated nuclear war in serts of Nevada and Utah, in which the mis­ new phased-array radar is being constructed terms far less theoretical than most U.S. siles would be transported among 4,600 near Moscow. This radar will probably serve strategic thinkers. If they possessed the launch sites-a "shell game" that was uni­ in a battle management role for the upgrad­ ability to destroy our land-based missile versally criticized. A subsequent proposal to site the MX in ed Moscow . p. 1972-part of the bitter legacy of the Viet­ 59. nam experience. Since then, the all-volun­ an effective tool of Soviet policy even with­ 20 Soviet Military Power, p. 79. teer concept has received mixed reviews. out being used. The ominous reality of a 21 "The New Military Race in Space," Business Yet it is the extent of U.S. military commit­ giant war machine is an invaluable diplo­ Week, Protect our sources of strategic miner­ UTAH'S "GRAND CIRCLE OF THE increases in military pay and benefits en­ als in the Third World; (3) Develop a non-nuclear space defense SOUTHWEST" AN UNFORGET­ acted in 1980 and 1981. But continual in­ TABLE ADVENTURE creases to attract personnel will be difficult capability as an eventual alternative to to justify. Miltary pay became competitive land-based ICBMs; • Mr. HATCH. Mr. President, I would with the private sector in 1972 and since <4> Institute additional safeguards against like to take a minute to share with you then has exceeded it in many areas. The the transfer of military-applicable technolo­ the wonderful opportunity for an un­ question of whether the nation will be gy and hardware to the Soviet bloc: (5) Provide the armed forces the authority forgettable adventure that Utah has forced to return to the draft is one that is to offer. I will not detract from the destined to arise again. It is an extremely to award procurement contracts for mate­ complex question, involving economic as riel and services to the best performer; "Greatest Snow on Earth" offered by well as military considerations. The drafting (6) Restrict critical military contracts to the Wasatch Mountains in Utah or of young men into the military imposes an U.S. firms; the other wonderful opportunities economic cost, in that their economic pro­ <7> Rebuild our shipyard/defense mobili­ there, but that is only the tip of the ductivity is lost to the nation while they zation base; adventure iceberg. serve. Still, the USIC believes that national (8) Reexamine the performance of the all­ This last year I was presented with a security considerations should take prece­ volunteer force in light of the dwindling manpower pool and budgetary restraints on serious problem in the southern part dence. of my State. The road from southern However. there is no question but that recruiting and retention; one benefit of military services-the mili­ (9) Reform the military pension system in Utah to the north rim of the Grand tary pension system-must be reformed. order to reduce its cost. Canyon was not scheduled to open Some 55 percent of the military payroll, or These recommendations are broad. They until July 1. I investigated, and we got $16 billion in fiscal year 1983 29 is devoted to deserve further study. Some of them have the road open by Memorial Day. In pensions. There are a host of costs, in terms already been considered, and undertaken, by the course of this investigation I of both economics and military readiness, the Reagan Administration. Others should found disappointed visitors from 41 associated with this overgenerous system. be seriously discussed and debated by the Administration and Congress. Our goal in States and 13 foreign countries who The attractiveness of the pension system had come to see this great wonder of encourages skilled military personnel to proposing them, however, should not be leave the service when they are most valua­ subject to debate: that it falls to the United the world and were prevented from ble, to seek private employment while eligi­ States to safeguard the liberties and the doing so. But 'I found much, much ble for military retirement pay. The mili­ heritage of the free world. This is our re­ more; and I have worked to be certain tary pension program comes directly out of sponsibility. We cannot ignore it; we cannot that the wonderful adventure of a life­ annual appropriations for defense; there is shrink from it. time to be found in southern Utah can no budgeting of future pensions costs. FOOTNOTES be better understood and enjoyed by The Reagan Administration intends to 1 Soviet Military Power n.d. more citizens of our country and propose limitations on annual cost-of-living 1981, pp. 27-40, 47. indeed, the world. On this 900-mil~ adjustments for retirees whose retirement 2 Force Summary, U.S. Navy and Marine Corps," circle, referred to as the "Grand Circle pay is greater than that of similar personnel Proceedings of the U.S. Naval Institute p . 5-11. cent of all national parks-including • Proceedings

Gen. James R. Allen, xxx-xx-xxxx FR, U.S. Clarke, Brandon 0. Matthew, George C., III Air Force. The following-named temporary com- The following-named officers of the line The following-named officer under the manders of the U.S. Naval Reserve for per- of the U .S. Navy, for appointment in the provisions of title 10, United States Code, m anent prom otion to the grade of com - Supply Corps, as permanent ensign, subject section 601, to be reassigned to a position of mander, in the line and staff corps, as indi- to qualifications therefor as provided by importance and responsibility designated by cated, subject to qualifications therefor as law: the President under title 10, United States provided by law: Barber, Christopher Smellow, Daniel B. Code, section 601: LINE J. Wilson, Mark C. Garvey, Paul C. To be general Husbands, Robert A. Kojm, Leonard R., Murphy, Thomas A. Gen. Thom as M . Ryan, Jr., xxx-xx-xxxx Jr. xxx-... FR, U.S. Air Force. Sullivan, Timothy B. The following-named officer under the MEDICAL CORPS Executive nominations received by provisions of title 10, United States Code, Gibbs, Steven C. the Secretary of the Senate after the section 601, to be assigned to a position of Polland, Calvin L. adjournment of the Senate on April importance and responsibility designated by Rabetoy, Gary M. 15, 1983, under authority of the order the President under title 10, United States Code, section 601: DENTAL CORPS of the Senate of April 15, 1983: UNITED NATIONS-INTERNATIONAL ATOMIC To be general Brian, John D., Jr. The following-named temporary lieuten- ENERGY AGENCY Lt. Gen. Andrew P. Iosue, xxx-xx-xxxx FR, ant commanders of the U.S. Naval Reserve Richard Salisbury Wiliamson, of Virginia, U.S. Air Force. for permanent promotion to the grade of to be the Representative of the U nited The following-named officer under the lieutenant commander, in the line and staff States of America to the V ienna Office of provisions of title 10, United States Code, corps, as indicated, subject to qualifications the United Nations and Deputy Representa- section 601, to be assigned to a position of therefor as provided by law: tive of the United States of America to the importance and responsibility designated by International Atomic Energy Agency, with the President under title 10, United States LINE the rank of Ambassador. Code, section 601: Brown, John M. Richards, David S. To be lieutenant general Smith, Gene A. CONFIRMATIONS Maj. Gen. Kenneth L. Peek, Jr., xxx-xx-xx... FR, U.S. Air Force. MEDICAL CORPS Executive nominations confirmed by Karlin, Charles A. the Senate April 15, 1983: IN THE ARMY Schwartz, John C., Jr. NATIONAL SCIENCE FOUNDATION The following-named officer to be placed JUDGE ADVOCATE GENERAL'S CORPS Edward A. Knapp, of New Mexico, to be on the retired list in the grade indicated Director of the National Science F ounda- under the provisions of title 1 0, U nited Kennedy, Mike 0. tion for a term of 6 years. States Code, section 1370: The fo llo win g-n am ed o fficer o f the NATIONAL LABOR RELATIONS BOARD Supply Corps of the U.S. Navy, for appoint- To be lieutenant general ment in the line as permanent lieutenant, Patricia Diaz Dennis, of California, to be a member of the National Labor Relations Lt. Gen. Harry A. Griffith, xxx-xx-xxxx , subject to qualifications therefor as provid- (age 58), U.S. Army. ed by law: Board for the remainder of the term expir- The following-named officer under the ing August 27, 1986. Gangler, Douglas N. provisions of title 10, United States Code, The above nominations were approved section 601, to be assigned to a position of The following-named officers of the line subject to the nominees' commitment to re- importance and responsibility designated by of the U .S. Navy, for appointment in the spond to requests to appear and testify the President under title 10, United States Supply Corps, as permanent lieutenant, sub- before any duly constituted committee of Code, section 601: ject to qualifications therefor as provided by the Senate. law: OFFICE OF THE U.S. TRADE REPRESENTATIVE To be lieutenant general Berry, Vance D. McCurry, Patrick T. Robert Emmet Lighthizer, of Maryland, Maj. Gen. Arthur E. Brown, Jr., xxx-xx-xx... Hickman, John R. Workman, Orus B., to be a Deputy U.S. Trade Representative, xxx-... U.S. Army. Laughlin, Larry M. III with the rank of Ambassador.