JOURNAL - OFFICE OF LEGISLATIVE COUNSEL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000400030041-3
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 16
• Document Creation Date: December 20, 2016
• Document Release Date: November 2, 2006
• Sequence Number: 41
• Publication Date: November 24, 1975
• Content Type: NOTES

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CIA INTERNAL USE ONLY 1f "
Journal - Office of Legislative Counsel Page 5
Monday - 24 November 1975
20. 1 1 LIAISON Called Guy McConnell,
Senate Appropriations Defense Subcommittee staff, and alerted him to
the fact that in view of the decision of the Senate to let the Senate ,Select
Committee release their "assassination report, " 1 have prepared a. letter
to enator Howard Cannon (D. , Nev.) for the Director's signature
explaining the difficulties involved in trying to keep the Congress. informed i
and protecting classified material in the process. I told McConnell
I was sending him a copy of the draft for his comments.
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 CIA I iY DTN r~RI U f d rr 448000400030041-3 I ~011
Journal - Office of Legislative Counsel Page
Monday - 24 November 1975
2.5X1
AGENCY VISIT Met with. Patrick
Shea, of the SenaL elects.oi itttee and discussed certain matters
relating to the legislative history of the National Security Act of 1947
and the Central Intelligence Agency Act of 1949.
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 Approved For Release 2007/02/07 : CIA-RDP77M00144R000400030041-3
CIA INTERNAL USE ONLY
plr .0, V" lk~ P.
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Journal - Office of Legislative Counsel
Monday - 24 November 1975
Page 3
CONSTITUENT Took a call from Joan
Miller, of Representative William . Harsha's (R., Ohio) office. Ms.. Miller
needed information for a group of high school students in the Congressman's
district on the Olson law suit, CIA's mail intercept program, the allegation
that Alexander Butterfield was a CIA agent, CIA assassination plats, and
CIA wiretapping. I gave her an up-date on these issues and referred her
to the Rockefeller Commission Report and Senates _._ -r dam. mittee,`vhere
relevant.
i '!L ra
CIA IiNTEfiN4L USE
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 NA
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brap.ch to even attempt to impose budget of station travel for military personnel.
restraints in this area without jeopardiz- This legislation is not intended to disrupt
Ing legitimate Government activities. As the movement of military personnel, but
I said then on the Senate floor, the re- it is also not intended to exempt the De-
peal of the travel amendment produced partment from trimming the fat in its
the sad spectacle of the Government ask- travel budgets.
ing the American people to make sacri- The Department of Health, Educa-
flees when the Federal Government is tion, and Welfare has a travel budget of
showing no willingness at all to tighten $75,027,000, including $22,501,000 for the
its own belt. Social Security Administration.
Although the administration was Other travel budgets include $84,-
d tl o osed to my travel amend- 737,000 for the Treasury Department,
man
y
pp
a a
,
ment last year and worked for its repeal, $74,042,000 for the Transportation De-
i
D
or
t
er
e-
th
I
n
or
e
,000
f
83
2
$63
sident will sup- partment
Pr
hat th
l
u
e
port this travel cut. The President h* partment, and $34,417,000 for the State
asked for a substantial cutback in Fed- Department.
eral spending, and with his cooperation, In addition to the well-known depart-
the President and Congress can work to- ments and agencies, a variety of 63 com-
gether to make reductions in an area of missions and boards will spend $90,-
substantial Government waste. 419,000 on travel in fiscal 1976.
Therefore, the legislation that I am And although the legislative and Judi-
introducing today would call on the Pres- cial branches of Government account for
ident, through his OMB Director,. to take less than 1 percent of the spending on
steps to'reduce Federal travel by 10 per- Federal travel, my travel legislation will
cent, taking care to insure that the cut- also apply to these two branches.
backs do not disrupt vital Government If the President is serious about re-
services or the movement of military ducing Government spending, he will en-
personnel. dorse my efforts to cut Government travel
Because of the difficulties involved in spending. If the Government expects the
legislating an across-the-board travel American people to sacrifice, then the
cut, this legislation is in the form of a Government must be willing to sacrifice.
concurrent resolution. expressing the We must act immediately to cut back
sense of Congress that immediate steps unnecessary Government costs, reduce
be taken by the President to reduce Fed- the duplication of Federal programs, and
eral travel expenses. trim the administrative expenses of Gov-
According - to- the fiscal 1976 budget erntnent. And as a first step, we must re-
estimates, the, Federal Government will duce Government travel expenses by 10
spend $2,314,371,000 on travel and trans- percent and save the American taxpayers
portation of Federal employees, and a 10 $230 million a year. .
percent cutback, would achieve a savings I ask unanimous consent that the text
for the. taxpayers of more than $230 mil- of the concurrent resolution and a table
lion. This reduction of $230 million will listing the estimated travel costs for the
still allow the Government to spend as departments and agencies be printed in
much on travel as it did in fiscal years the RECORD.
1975 and 1974, when it spent $2.1 billion There being no objection, the material
and $2,0 billion respectively_ was ordered to be printed in the RECORD,
And while I do anticipate objections as follows:
from virtually all executive branch de- S. Cox. REs. 74
partments and agencies, I am convinced Resolved by the Senate (the House of Rep-
that a substantial amount of waste can resentatives concurring),
h the Director
throu
g
id
t
res
en
,
P
y That the
o
man
'
f
d
vel b
u
ge
t
s
rom the
tr
f
a
be cut,
ement and. Budget
of Mana
Off
c
f th
,
g
i
e
e
of our departments and agencies. o
For example, the projected percentage shall take immediate steps to restrain the
inflationary impact of Federal expenditures
increases for the travel budgets of many and to conserve the use of energy by ordering
departments and agencies are, in my a reduction of Federal travel expenditures by
opinion, excessive and unjustifiable. at least 10 percent; and
The Agriculture Department is plan- That these steps shall include such pro-
ning to spend $.90,049,000 in fiscal 1976, visions as are necessary to insure that such
a 25-percent increase over fiscal 1975 reductions are allocated so as not to disrupt
spending for traVeh the provision of vital governmental services
The Veterans' Administration will or the organized troop movement of military
personnel, and
spend $74,521,000 this year on travel ex- That the President is requested to submit
penses, a 25-percent increase over fiscal to Congress, within 30 days of adoption of
1,975 and, a 4?0-percent increase over As- this Resolution by the Senate and the House
cal 1974. spending. of Representatives a report outlining his
The Secret Service will spend $10,- actions.
916,000 in fiscal 1976 on travel, an in- Travel and transportation costs
crease of 54. percent over fiscal 1975
travel spending.
And the Selective Service System, op-
erating on a standby basis since the
draft was eliminated, will spend $1,-
640 , 000 on travel, an increase of more
than 60 percent over last year's travel
budget. -
These are not the only departments
and agencies with large travel budgets.
The Defense Department will spend $1,-
477,889,000 it fiscal 1976, wt1h a large
portion of these funds spent on change
7~02~0 C
P7,,~p R000400030041-3
Ap5pproved For 22pB
Z EG S71~NFi
rRop%
Agency: - - Fiscal year 19,76
Legislative branch_______________
10, 508
The judiciary___________________
9.939
Executive Office of the President__
1,315
Funds appropriated to the Press-
-dent ________ ______________
26, 703
Department of Agriculture_______
90,049
Department of Commerce --------
26,117
Department of Defense-military- 1,
477,889
Department of Defense--civil---
37,516
Department of Health, Education,
and
Department of of t--he--------Interior _______
_______
73,83
2
63,832
Department of Justice -----------
53,173
Department of Labor ------------
18;170
S 19603
Department of State_____________
34,417
Department of the Treasury------
84, 737
Energy Research and Development
Administration _______________
8,040
Environmental Protection Agency_
12,800
Department of Transportation----
74,042
General Services Administration__
10, 887
Department of Housing and Urban
Development
16, 448
National Aeronautics and Space
Administration ---------------
17,822
Veterans' Administration------__
74,521
Other independent agencies------
90, 419
Total --------------------
2,314,371
ORDER OF BUSINESS
Mr. MANSFIELD. Mr. President, un-
der the special orders, I believe the dis-
tinguished Senator from Idaho is now
to be recognized.
The ACTING PRESIDENT pro tem-
pore. He has been recognized, and he
yielded to the Senator from Delaware
for a unanimous-consent request.
Mr. MANSFIELD. Mr. President, it is
my understanding that I have 15 min-
utes as well.
The ACTING PRESIDENT pro tem-
pore. That is correct.
Mr. MANSFIELD. Mr. President, I
yield my 15 minutes to the distinguished
Senator from Idaho.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
The Senator from Idaho may proceed.
Mr. CHURCH. I thank the Senators
very much for their courtesy.
Mr. President, I ask unanimous con-
sent that Mr. Lock Johnson be granted
privilege of the floor during the presen-
tation of this address.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
N IMPERATIVE FOR THE CIA: PRO-
FESSIONALISM FREE OF POLITICS
AND PARTISANSHIP
Mr. CHURCH. Mr. President, "For ye
shall know the truth and the truth shall
make you free." So read the words carved
in white marble at the entrance to the
Central Intelligence Agency. It is a noble
Biblical thought, chosen by Allen Dulles
when he was Director of the CIA perhaps
to remind his colleagues of their ulti-
mate purpose: the creation of objective
intelligence. -
Objectivity ought to be the hallmark
of every public trust. As chairman of the
Senate Select Committee on Intelligence
Activity, I have done my utmost to as-
sure a fair and balanced inquiry into the
intelligence services. When the commit-
tee was first established. Senate Major-
ity Leader MIKE MANSFIELD stressed that
the allegations against the intelligence
agencies were serious. They deserved, he
said, a sober inquiry which would be
"neither a whitewash nor a vendetta.".
That is how I have tried to conduct this
investigation. -
Certainly it has not been a whitewash.
The committee has already exposed
many serious abuses of power within the
intelligence services. Working steadfast-
ly for 9 months, the select committee has
amassed a comprehensive set of records,
documents, and sworn testimony.
This month, the committee will pub-
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,
,
e
e
f
t
I am hop
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CONGRESSIONAL RECORD-SENATE November 11, 1975
fish a detailed interim report on assassi- t;her and make a prediction about future decision now appears to have been taken
nation. The committee has voted to make developments. In this sense. an estimate only a few hours before he invasion was
the report public, despite an appeal by is forecast, a judgment, a "shrewd guess" launched on August 20. Though the mo-
the President to suppress it. Based on the .s to what is likely to happen. bilization of Soviet troots was duly re
sworn testimony of over 160 witnesses, Though it is ix possible to predict the ported by the CIA, no ore could say for
some 8,000 pages of transcripts, and precise course of events, the good NIE sure that the Politburo decision would
countless hours of research, :this report describes in detail how various parties be-they themselves did not know until
examines the involvement of our Gov- involved view a situation, and how they the last minute.
ernmentin f
i
i
ore
anassass
naticn intrigue aright act toward hypothetical changes.
during the administration of four Presi- 'The estimate wllf lay out, and often rank,
dents, Eisenhower, Kennedy, Johnson, z, range of possible outcomes, especially
and Nixon. Piecing together the avail- those that threaten American Interests
able evidence has been an extxaordinar- car present an opportunity for the United
ily difficult job. But the result has been ltates.
as penetrating an inquiry into this re- The value of national intelligence esti-
grettable chapter of our history as the crates to the decisionmakers in our Gov-
obtainable facts will allow. ernment should be immense. Our na-
Beyond Identifying threat., to the tonal security could depend upon re-
liberty of American citizens, the commit- liable judgments as to future actions and
tee is working diligently to establish leg- capabilities of hostile nations. The na-
islative safeguards to better protect their tional estimate is the final product of an
rights in the fuure. These proposals for i.=ztricate gathering and evaluation of in-
reform will be the focus for pudic hear- L'lligence, drawn from all sources.
ings later this year. If NIES are accurate and timely, and
So, a whitewash this investigation is Ieeisionmakers have confidence In them,
not. a-e. have spent our money well. But we
Just as clearly, it Is not a vendetta. gave both wasted money and posed an
In the interests of fairness, wherever added danger to our safety if our esti-
the CIA has been wrongly c::narged, I mates are inaccurate, or If they have been
have been quick to say so Same alleged distorted by analytic or policy bias. Mis-
earlier this year that the CIA had been ,,;tkenestimates of enemy intentions hold
involved in plots to murder Charles De- a potential for national disaster. This we
Gaulle, the late President of France. An learned almost too late, prior to 1962,
immediate review of the facts showed no , om the estimate which assured us that
such plot was ever contemplat.:d by the aio Soviet Union would not place nu-
CIA or any other agency of the'J.S. Gov- ;,, ear-tipped missiles In Cuba.
ernment. What actually happened was We have had other mistaken estimates.
this: A CIA agent was approac bed by a ` ire professionals have erred in overesti-
foreign citizen who made a totally un resting the growth of Soviet ICBM forces.
solicited suggestion of a plan to kill De- The misconceived "missile gap' In the
Gaulle. The plan was rejected at once c?,rly 1960's is one illustration. The in-
by the Central Intelligence Agency. tclligence estimates on the Soviet inva-
On another occasion, the wticusation ions in Hungary in 1956 and Czecho-
vas made that the CIA had periodically slovakia in 1968 were also wide of the
"infiltrated" the White House end other roark. By far the worst failure of the
executive agencies. Specifical13, it was estimative process in many years was the
said that Alexander Butterfield, an aide misreading of the imminence of the 1973
to President Nixon, had served In the ,+irab-Israeli war.
White House as a spy fox the CIA. There in a word, our national intelligence
was no scintilla of evidence that Mr. estimates have certainly been fallible.
Butterfield had spied on the President The Committee on intelligence In the
for the CIA. I announced this f.nding as House of Representatives is to be strongly
quickly as it could be confirmed, in the eom,mended for examining recent esti-
interest of fairness both to the CIA and mates by the intelligence services which
Mr. Butterfield. h .Awe proven to be inaccurate. Such fall-
Where the CIA has erred, the com- lyres need to be exposed so we will not
mittee will say so; where it lass per- cie velop a blind faith In our intelligence
formed with merit, the committee will a frencies.
acknowledge that as well. In short, our However, we should not forget that on
objective has never been to wreck the other occasions, our intelligence esti-
intelligence system, but to expose wrong- mates have proven to be accurate and
ful and unlawful conduct, so that needed valuable. Admittedly, the CIA Directorate
reforms can be written into law. of Science and Technology has not yet
In appraising the intelligence services, developed a crystal ball. Predicting the
a subject of particular concera is the future must remain probabilistic. Though
quality of our national intelligence esti- the CIA did give an exact warning of the
mates, or NIE's as they are more corn- date last year when turkey would in-
monly called. The preparation of na- vade Cyprus, such precision will be rare.
tional intelligence estimates is a most Simply too many unpredictable factors
important task, for the NIE's from the eater into most situations. The intrinsic
building blocks of national security pol- element of caprice In the affairs of men
icy. Put briefly, an intelligence estimate sod natons is the hair shirt of the in
is a paper prepared by the CIA In co- tailligence estimator,
operation with the other intelligence when the Soviet Union mobilized
services which assesses the curre"it situa- troops in the sumer of 196i to threaten
tion in some part of the world, or ana- Czechoslovakia, no solid indication was
lyzes the major forces at work--politi- a railable one way or the other as to when,
cal, economic, military, sociological, psyy- or even if, the assembled forces would ac-
chological-on some aspect of the world tttally be used. The Poltiburo was sharply
situation. Often an estimate will go fur- daided on the Issue of intervention. The
While it is unreasonabie to expect pre-
cise predictions, a dewToping situation
ought to be well-understood and re-
ported to policymakers. Also, competent
intelligence should ahi'ld the United
St ter against major surprises. In this
$Old, the intelligence services earn higher
marks. Examples are plentiful in the crit-
ical areas of military, economic, and po-
litical intelligence.
Militarily, the intelligence agencies
must detect new weapons systems. Before
anything else, we need to know the num-
bers and characteristics of the weapons
that can strike us directly, the doctrine
for their use, intentions for further de-
ployment, and, most importantly, the new
weapons still on the die wing boards. In
the last 25 years, no important new Soviet
weapons system, from their H-bomb to
their most recent missiles, has appeared
which had not been heralded in advance
by NIE's. The new Soviet Polaris-type
"Y" missiles and the submarines on
which they are carried v ere anticipated
well before the first boats slid down the
ways.
The CIA, with the hdp of the other
intelligence services, iden.ifled and moni-
tored the development of the Soviet ABM
system around Moscow some 7 years
before it became operational. Individual
ABM radars were identified in the early
phases of their construction-up to 5
years before they became active.
Our Government would never have
been able to enter Into the SALT nego-
tiations wore it not for the ability of
the intelligence services to verify--that
is, detect through our own independent
means-any significant violation of the
agreements. This capability gave us the
confidence to take this important step
toward arms control. Moreover, U.S. in-
telligence studies on Soviet strategic mis-
sile programs, as they might develop
without a further SALT agreement,
played an important role in determining
the ceilings reached at Vladivostok.
Even in the estimate failure I cited
earlier concerning the Cuban missile
crisis, we should not forget that ulti-
mately it was the CIA-developed U-2
plane which detected the missiles in time
for us to act. Moreover, 2 months before,
John McCone, then Director of Central
Intelligence, had warned his colleagues
on the National Security Council of his
belief that the Soviet might place ballis-
tic missiles in Cuba. He in fact took is-
sue with the national intelligence esti-
mate that discounted this possibility.
The economic intelligence estimates
we have recelved have also been valu-
able. The great wealth of OPEC govern-
ments now gives them an enormous po-
tential to exert Influence and to create
disruption throughout the Western
World. The quadrupling of oil prices in
1973-74 has given them a huge surplus
to invest-over $40 billion In this year
alone.
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 Approved For Rele se.2007/02/07 : CIA-RDP77M00144R000400030041-3
November 11, 1975 CONGRESSIONAL RECORD-SENATE
Our intelligence agencies have been
successful 'in tracking the flow of petro-
dollars _ worldwide' and have alerted U.B.
policymakers to significant changes in
OPEC inbestment strategies. In addition
to comprehensive estimates on produc-
tion, consumption, and pricing, they
have given us timely assessments on the
strengths and weaknesses of OPEC as a
cartel and the availability of alterna-
tive sources of energy.
To ' further assist the State Depart-
ment in its overseas relations, the CIA
regularly prepares valuable biographic
profiles on political officials throughout
the world, many 'of whom would other-
wise remain strangers to us, concealed
within their closed societies.
These examples illustrate ' the point:
Nat onal intelligence Is by no means
lilydled to the prediction of specific
events. Its, primary purpose is to help
our leaders protect the national interest
by making available the best possible
mmerstanding of foreign capabilities,
leaders, and developing events.
To accomplish this purpose, we must
continue to demand of our intelligence
officers the standards suggested by Sher-
man Kent, who for many years was
chairman of the CIA Board of National
Estimates. He observed that these men
and women must have "the best in pro-
fessional training, the highest intellec-
tual integrity, and a very large amount
of worldly wisdom."
But this in itself will not be sufficient.
It is imperative that we preserve the
professional stature of the Central Intel-
ligence Agency, keeping it free from the
eroding forces of politics and partisan-
ship. Only in this way will the CIA con-
tinue to serve as an adequate counter-
balance to the intelligence estimates that
come from other quarters of the Govern-
ment, including the Pentagon, and to the
other 'pressures which develop even in
the White House Itself.
'Let us not forget, Mr. President, it was
for this very purpose that we created
the Central Intelligence Agency in the
first place. If the Central Intelligence
Agency becomes so discredited through
an overemphasis on its failures in the
drawing of estimates, we may find this
crucial task lodged exclusively within the
Pentagon in the future.
Often the military has exhibited a
built-in bias to take the most dour view
on enelkiy threat assessments. The
"worst-case" approach so often adopted
by the military leads to the most fright-
ening forecasts. The rule-of-thumb at
the Pentagon still appears to be "the big-
ger, the better." Distortions in these
judgments sometimes arise through
pressures to justify larger military budg-
ets or new weapons systems.
In contrast, the CIA national esti-
mate~ process is- more apt to be free of
such self-serving interests. This is why
the Central Intelligence Agency was
created in the first place. It was to be an
agency without policy blinders; one
dedicated, as Allen Dulles put it, "to get
qt the hard facts on which others must
determine policy."
'Lt. Gen. Daniel O. Graham, who was
Director of the Defense Intelligence
Agency until the administration shakeup
last week, wrote recently that he thought
the time was "ripe for the military pro-
fession to reassert its traditional role in
the function of describing military
threats to national security." One must
view with some alarm the prospect of a
silenced CIA succumbing to an increas-
ingly dominant military voice in calcu-
lating the foreign threat to our Nation.
The ABM debate in Congress a few
years ago illustrates the problem. In the
debate, large outlays as well as questions
of U.S. security in the 1970's rode on the
decision of whether to deploy a nation-
wide ABM system. The debate was
marked by conflicting analyses and dif-
fering forecasts between the CIA and
the military of what the U.S.S.R. could
achieve with nuclear weapons, given
time. Technical details became crucial
for assessing the opposing points of view.
The Pentagon was driven by Its own
policy considerations, based on a "worst-
case" analysis. The questions they asked
themselves led to one answer: The need
for a nationwide ABM system. The price
tag would have been something like $100
billion, a bonanza guaranteeing a bloated
military budget for years to come.
The congressional coalition against
the ABM had to have reliable informa-
tion to counteract the reams of data
turned out by the military. This informa-
tion was available only at one source:
The Central Intelligence Agency. The
CIA had no policy ax to grind, and no
pressures upon it to protect lucrative
contracts. Through a series of CIA brief-
ings, Members of Congress were given
the whole range of information on
the strengths and weaknesses of the
ABM system. These briefings went far
beyond the selective data provided by the
Pentagon.
The data presented by the CIA indi-
cated the futility of an ABM system.
Since no way existed to prevent a satura-
tion of the system by enemy missiles, the
ABM's would not provide an adequate
shield. This evidence enabled opponents
to mount an effective debate against the
concept. By 1967, Congress had deeided.
that a nationwide ABM deployment
against a Soviet attack was not desirable
and even a limited ABM deployment was
approved in the Senate by only a single
vote. The insights provided by the CIA
briefings helped immeasurably to stop
the stampede toward the costly decision
to construct a national system, and laid
the foundation for a ready acceptance of
the ABM treaty which soon followed.
As recently as last week, CIA testimony
before Congress contradicted claims by
the Pentagon that massive Soviet military
buildups are reducing the United States
to the status of a second-rate power. In
contrast to gloomy Defense Department
estimates, the Central Intelligence Agen-
cy figures Indicated that Soviet military
spending has not leapt forward at all. In-
stead It has been increasing at the steady
3-percent annual rate which it has main-
tained for the past 10 years.
S 19605
forces along the Chinese-Soviet frontier.
Also, the CIA has taken a much calmer
view of Soviet naval developments in the
Indian Ocean than have assessments
prepared by the U.S. Navy or the De-
partment of Defense--who just happen
to have a Diego Garcia cure-all. Without
these independent civilian contributions
from the CIA, we would be forced to rely
solely on the military point of view. The
Congress can Ill afford to do without the
more impartial judgments offered by the
Central Intelligence Agency.
However, it is not only a matter of
standing up to the Pentagon. We need a
CIA that can resist all the partisan pres-
sures which may be brought to bear by
various groups inside and outside the
Government-including partisan pres-
sures from the White House itself. We
must seek to insulate the Central Intelli-
gence Agency from the ebb and flow of
political considerations.
If we have learned anything out of the
last 2 years, considering the way that
agency has been used for political pur-
poses, if there is any constructive result
to come from this whole, lengthy, con-
scientious investigation, It must be that
we have to protect the impartiality, the
independence, and the professionalism
of that agency.
This does not mean that we must al-
ways select a Director from within the
Agency or from outside the Government.
The critical factor is the selection of a
person of demonstrated independence,
someone who would have the ability to
say:
No, Mr. President, I believe you are wrong.
According to our best information, the policy
you propose will fail. It is based upon in-
correct assumptions, which are contradicted
by the underlying facts.
And unless we have a man with the
strength and resolution to stand up and
fight for the facts as his agency has found
them, even when it is very tough going,
then the role and purpose of the agency
itself has been undermined.
This is why, in my judgment, the ap-
pointment of Ambassador George Bush
is so ill-advised. It is one thing to choose
an individual who may have had political
experience, or diplomatic experience.
That is fine. It is quite another to choose
someone whose principal political role
has been that of chairman of the Re-
publican National Committee. There is
no need to eliminate from consideration
an individual simply because he or she
may have held public office. But the line
must be drawn somewhere, and a man
of Mr. Bush's prolonged involvement in
partisan activities at the highest party
level surely passes over that line.
Indeed, it appears that Mr. Bush's
nomination to be Director of the CIA
may even be regarded at the White House
as a springboard to higher political office.
When asked at a press conference if the
nomination of Mr. Bush would eliminate
him as a Vice-Presidential running-mate
possibility, President Ford replied:
portion of Soviet military spending has
nothing directly to do with the United
sideration by anybody. The delegates to the
convention or myself.
States, such as the expenses incurred by Significantly enough Mr. Bush also
their positioning of great numbers of leaves the door open. When asked by a
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S19606 CONS RESSIONAL RECORD -SENATE Novem,bi 11, 1975
reporter in Peking whether this new as-
signment would end a political career
that could lead to a Vice-PraAdential
nomination, his response was:'
Well, I'm not sure I've ended it foi ever ....
If this is to be the nature of the re-
form of the CIA, I just wonder why we
have gone to such an effort to try and
analyze the problems, the abuses, and
the overreach of the executive author-
ity these past months.
What If CIA assessment should collide
with the judgment of the President who
wants to embark upon some new policy
in the coming year? It is, of course, the
President's final decision, but can one
Imagine In an election year so partisan
a man, the past chairman of the Repub-
lican National Committee, standing up
to a President in that situation under
all the pressures of a partisan character
that would be focused upon him? The
question answers itself.
George Bush is a likable man. He is a
capable man, I find him to be a per-
sonal friend. I think there are many po-
litical offices that he could hold with dis-
tinction. But he is not the man to head
tip the CIA.
I find the President's appointment as-
tonishing. The Senate and the House
committees-not to mention the Presi-
dent's own Commission on Intelligence--
have labored for months reviewing the
problems of the intelligence agencies.
These problems have been plentiful, and
the areas for new legislation arm! many.
Still, the prospects for starting afresh
are good, and I have viewed the chances
to restore public trust and confidence
in the CIA with considerable of tilnfsssl.
But this is no way to begin the -estora-
tion. No new set of laws, no new guid-
ing principles-regardless of how skill-
fully drawn-will restore this trust if
the credentials of the new Director raise
serious questions of propriety. I can just
Imagine what the uproar In this Cham-
ber would have been if a Democratic
President had nominated Larry O'Brien
to be the Director of the CIA, as fine a
man as Larry O'Brien may be.
Let us not undermine the goad work
of the Rockefeller Commission and the
committees of the House and Senate by
placing a former party chairman at the
head of a highly sensitive intelligence
agency.
Let us not make a travesty ou . of our
efforts to reform the CIA. The Senate
and the people we represent have the
right to insist upon a Central Intelli-
gence Agency which is politically neu-
tral and totally professional.
I urge Senators to stand up sad op-
pose this nomination. I can choose no
other course, for if the CIA is to play
its intended role in our Government, it
must be impartial and nonpolitical. Its
ability to be so depends. In the final
analysis, on a Director who Possesses.
ORDER OF BUSINESS
The PRESIDING OFFICER. Ui:der the
previous order the Senator from Ala-
bama (Mr. ALLEN) is recognized for not
to exceed 15 minutes.
Mr. ALLEN. Mr. President, time was
nLLotted to me in anticipation that the
distinguished: Senator from Idaho (Mr.
(;rruRcn) might need this additional
t;sne. I yield back the remainder of my
t-uie.
The PRESIDING OFFICER. Under the
previous order the Senator from West
Virigina (Mr- RosERr C. Evimi is recog-
riL,ed for not to exceed 15 minutes,
Mr. MAN,D. Mr. President, I
i :r ld back the S'enator's time.
ROUTINE MORNING BUSINESS
The PRESIDING OFFICER. Under the
v.*i vlo,is order. there will now be a period
f c' the transaction of routine morning
business for not to exceed 15 minutes.
with statements therein limited to 5
rc.inutes.
Mr. MANSFIELD. Mr. President, I sug-
geast the absence of a quorum.
The PRESIDING OFFICER. The clerk
v,M can the roll.
The assistant legislative clerk pro-
c-,.Lded to call the roll.
`Jfr. WILLIAMS. Mr. President, I ask
unanimous consent that the order for
thr quorum call be rescinded.
'I'he PRESIDING OFFICER (Mr.
GARY HAMT). Without objection, it is so
Ordered.
MFSSAGES FROM THE PRESIDENT
Messages from the President of the
ViAted States were communicated to the
Sonate by Mr. Hefting, one of his sec-
retaries.
EXECUTIVE MESSAGES REFERRED
As in executive session, the Acting
President pro tempore (Mr. FORD) laid
before the Senate messages from the
President of the United States submitting
sundry nominations which were referred
to the appropriate committees.
(The nominations received today are
printed at the end of the Senate pro-
ceedings.)
MESSAGE FROM THE HOUSE
At 3:15 p.m., a message from the
House of Representatives delivered by
Mr. Hackney, one of its reading clerks,
at n.ounced that the House has passed
the following bills in which It requests
the concurrence of the Senate:
A.R. 4287. An set to provide for additional
law clerks for the judges of the District of
Cotuuabla Court of Appeals;
h n. 6481. An slot to amend certain pro-
visions of the Comaunications Act of 1984
to provide long-term financing for the Cor-
poration for Public Broadcasting, and for
other purposes;
SI.R. 9958. An act to transfer certain real
pro erty of the United States to the District
,of Columbia Redevelopment I-and Agency;
131t. 10035. An act to establish the Ju-
iaihil Conference, of the District of Columbia;
t. 10041. An act to amend section 739
ve, and for other purposes.
At 5 p.m., a message from the Houma
of Representatives by Mr. Hackney, one
of its reading clerks, announced that the
House agrees to the report of the com-
mittee of conference on the disagreeing
votes of the two Houses on the amend-
ments of the Senate to the bill (H.R.
8365) snaking appropriatins for the De-
partment of Transportat in and related
agencies for the fiscal ye.-r ending June
30, 1976, and the period a ..ding Septem-
ber 30, 1 976, and for other purposes; that
the House recedes front i?;; disagreement
to the amendments of the Senate No. 49
and 50 and concurs the:'cin; that the
House recedes from its c :.agreement to
the amendments of the 3enate No. 20,
21, 31, 32, 42, and 47, each with an
amendment in which it requests the con-
currence of the Senate.
The message also announced that the
House disagrees to the amendments of
the Senate to the bill (H.Il. 4073) to ex-
tend the Appalachian Regional Develop-
ment Act of 1965 for an additional 2
fiscal year period; requests a conference
with the Senate on the disagreeing votes
of the two Houses thereon; and that Mr.
JONES of Alabama, Mr. Wsucsr'r, Mr.
JorresoN of California, tor, ROE, Mr.
HARSrsA, and Mr. HAMMEI:SCHMIDT were
appointed managers of the conference on
the part of the House.
The message further ainounced that
the Speaker has appointee; Mr. Lujan as
an additional conferee on the disagreeing
votes of the two Houses cn the amend-
ment of the Senate to the bill (H.R. 3474)
to authorize appropriations to the Energy
Research and Development Administra-
tion in accordance with sec tion 261 of the
Atomic Energy Act of 1954, as amended,
section 305 of the Energy Reorganization
Act of 1974, and section 16 of the Federal
Nonnuclear Energy Research and Devel-
opment Act of 1974, and 'or other pur-
Poses.
COMMUNICATIONS FROM EXECU-
TIVE DEPARTMENT S, ETC.
The ACTING PRESIDI:NT pro tem-
pore (Mr. FORD) laid before the Senate
the following letters, which were referred
as indicated;
IetORT OF TIM COMPTROm..r.Ha OENERAI.
A letter from the acting Comptroller Gen-
eral of the United States transmitting, pur-
suant to law. a report on a :stain deferrals
contained In the sixth special message of the
President of the United States submitted to
the Congress on October 20. 1.975 (with ac-
companying report) : referre l jointly, pur-
suant to the order of January 30, 1-975, to the
Coosmitteea on Appropriations, Budget, La-
bor and Public Welfare, slat Finance, and
ordered to be printed.
OENERALxsED SYSTEM OF I'nxFrRETSCE
A communication from t` a President of
the United States notifying, pusuant to law,
the Senate of his intention to designate ad-
ditional beneficiary developin., countries and
territories for purposes of t -is Generalized
System of Preference: to the Committee on
Finance.
FINAL DETERMINATION OF rHE INDIAN
CLAIMS COMMISST(+N
A letter from the Chairnia* of the Indian
Claims Commission transml;t.ing. pursuant
to law, a copy of the final tic termination of
the Commission in the case f the Klamath
and Modoc Tribe and Fah(-,Skin Band of
Snake Indiana: v. U.S. (with accompanying
papers) ; to the Committee on appropriations.
REPORT OF TIIE COMPTROLLEROe THE Ct*AENCy
A letter from the Comptroller of the Cur-
rency transmitting, pursuant to law, his an -
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November 13, 1975 CONGRESS18NA .3EC~5 Jq'
United nations is based; we are unleash- are Israel's friends.' Let us see who are two terms), Bush is one of Mr. Ford's guys,
jug a great evil. The U.N. has enough our friends. And then let us stand to- which is fine. But at the CIA he would be
trouble maintaining a modicum of world gether on principles and ideals sound the wrong kind of guy at the wrong place at
the worst possible time.
peace and desperately clinging to credi- and true. based CIA is under a cloud of The dark suspicion suspicion on proven bility without propagating vicious lies Mr. President, I cannot condone the
and casting salt into divisive wounds. irresponsible, spiteful action of the U.N. that the CIA is a threat to civil liberties, and
It is bitterly disillusioning to see an in- General Assembly in passing a resolution perhaps to tranquility, because it is insub-
ternational organization of the stature designed to thwart the interests of peace ordinate or otherwise immune to proper con-
of the U.N. General Assembly stoop to and sow the seeds of discontent, for, in But lack of control over the CIA Is no
such Ignoble pursuits. These pursuits, the the words of Secretary General Wald- longer the gravest problem. Congress,
venting of a vehemence unmatched since helm, we may indeed lose the future awakened from its long sleep, is alert to its
Hitler's time, do not do justice to the through discord and confrontation. oversight duties. And the executive branch,
having been reminded of the law, can keep
noble principles In which the U.N. Was the CIA operating this side of criminality.
conceived. (HEhCIA DIRECTOR DETERMINEToday the most pressing problem is not to
The preamble of the U.N. Charter THE ROLE OF THE CIA prevent the CIA from Going what is for-
raises men's hopes for abetter future, & ren. Rather, the obdo is to see that i-
future where war, poverty, and oppres- r. CHURCH. Mr. President, as I said Goes what it is supposed to do, which is
sion give way to world peace, world pros e Senate on November 11, the Cen- gather and report accurate information.
perior, and freedom and respect for all tral Intelligence Agency, if it is to play But gathering and reporting are different
nations and peoples of the world. Article. its intended role, must be nonpartisan, operations. And it is possible to imagine would I of the charter states that one of the professional, and sufficiently independent sured situations in which the CIA e t information,
purposes is: of outside pressures to stand firmly be- ssuppress nconvenient to the politi-
ings solving achieve international cooperation in hind its assessment of foreign intelli- or report purposes ph an aonve convenient
administration looking to the
solving international problems of an eco- gene information. Imagine an
nomk:, social, cultural, or humanitarian char- This does not mean that persons who next election and determined to celebrate
acter, and in promoting and encouraging have held public office are disqualified detente as its finest achievement. Imagine
respect for human rights and for funda-
mental from serving as the Director of the CIA. that the administration is excessively
freedoms, for all without distinction Elliot Richardson, for example-having anxious to achieve another strategic arms
as to race, sex, language, or religion. demonstrated the capacity to withstand agreement with the Soviet Union.
Where is the respect for human rights great pressures within the Government, Suppose the administration triumphantly
and for fundamental freedoms in the ig- and the personal strength to take issue signed an agreement limiting the number of
nominious resolution passed the night of with the President, himself, when he felt strategic vehicles-missiles and bombers-
November'10 by the General Assembly? it necessary-is a man who would be on each side. Critics might say the limit is a
false ceiling. Critics might charge that the
Mr. President, I have long been a eminently qualified to serve in this office. limit is as high as the Soviet Union can or
staunch supporter of the U.N. The Char- There are many others. wants to go during the term of the agree-
ter of the U.N. is one of the most lofty But a person whose political experience ment. Therefore, the agreement is an empty
and exalted texts of political history in- has been highly partisan in character- exercise, a limit that does not limit. (That is
corporating mankind's greatest hopes. such as the Chairman of the Republican what Senator Henry Jackson said about the
The uniqueness of this document, and National Committee-cannot be said to 2,400-vehicle limit agreed to at Vladivostok.)
the organization it created, is its wide- meet this test. Then the administration would appreciate
a CIA report arguing that the Soviet Union
spread `acceptance. The U.N. has pro- When the picture is further compli- has the ability to surpass the limit in the
vided and maintained a forum for air- cated by the apparent intention that the near future, and would do so if there were
Ing the problems of the world and has directorship of the CIA is to be used as no agreement.
proven that nations in disagreement can a springboard for higher office, then it is Or suppose the administration wanted an
reason with each other to solve their impossible to conceive that the nominee intelligence report minimizing this or that
differences. could discharge his responsibilities in a verification problem-say, the difficulty of
But this widespread acceptance, this proper fashion. verifying Soviet compliance with range limits
basic presumption of the existence and These fatal flaws in the nomination of on cruise missiles.
Or suppose the administration could get
worthiness of the U.N. is fragile. Pushed George Bush to be the new Director of a CIA report supporting the hitherto unsup-
beyoncT their limits or to the depths of the CIA are strongly underscored in two ported Soviet contention that the Soviet
their convictions nations will quit the columns which appeared yesterday Backfire bomber--which can deliver nuclear
organization. If the resolution passed by morning in the Washington Post: one by weapons over intercontinental distances-
the General Assembly last night is an in- George F. Will entitled, "George Bush: nevertheless lacks the strategic significance,
dication of the general intolerance per- Political Ambitions" and the other by and should not count against the Soviet total
vading the U.N., the widespread accept- Rowland Evans and Robert Novak en- of 2,400 strategic vehicles permitted by the
ante of the organization may evaporate titled, "And Overlooked Political Real- Vladivostok agreement. Such a CIA report
seem-
would concede a Soviet point without seem-
Ism countries may resort to the isolation- ities." ing to be a concession, and could grease the
Ism distrust which has thrown pre- These columnists clearly demonstrate skids for a pre-election agreement.
ceding generations into the scourge of why, under the circumstances, the nomi- Recent events have made it wise to worry
war, nation of George Bush to be Director of about the possibility that the CIA will be-
Mr. President, the United States will the CIA raises such serious questions of come compliant to political pressures in re-
never agree to abandon or pervert the impropriety. porting intelligence information, especially
noble ideals upon which the U.N. is based. I ask unanimous consent that the two information that might tarnish the image of
detente.
Nor will the tTnited States ever acquiesce articles be printed in the RECORD. Defense Secretary Schlesinger, an apolitical
to tyranny, even should it appear in the There being no objection, the articles , within the dal
guise of a U.N. mandate. However, if it were ordered to be printed in the RECORD, man mini was stration the of foremost Secretary critic itic wger's policy in
is determined that the U.N. is no longer as follows: negotiating with the Soviet Union-some-
living true to its charter, then the GEORGE BUSH: POLITICAL AMBITIONS times called "the policy of preemptive con-
United States should consider withdraw- (By George F. Will) cession." Mr. Ford wants to replace Schlesing-
ing Its membership. I think it is time for When nominated to be Director of the er with Donald Rumsfeld, another vice presi-
the United States to assess its role in Central Intelligence Agency, George Bush dential aspirant. Thus it is all the more im-
the U.N. to determine whether or not said he did not think that being Director perative that the CIA be run by a man not
continued participation is in the best would forever prevent him from seeking po- susceptible to political considerations or pres-
interests of the United States. litical office. Obviously he hopes it will not.
the attempt his hope was stroked by President Ford's The problem with Bush is less that he has
If pt of the resolution was declaration that Bush is not excluded from a political past than that he so obviously and
to ostracize Israel, that thrust has failed. consideration as his 1976 running mate. avidly wants to have a political future.
Israel will' not lose U.S. friendship, be- Bush may not have to worry about a CIA As chairman of the Republican National
cause of this resolution; indeed if the at- attachment becoming a political handicap. Committee during Watergate Bush was very
tempt was to isolate Israel and her The Senate may refuse to confirm him. considerate about the man who appointed
friends, I say let it be so. Let us see who Like some other ex-Congressmen (he served him. In spite of all the available evidence, he
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never expressed independent ~kidgments CONGRESSIONAL RECORD - SENATE Novpr, ber 13, 1 )7.a
convenient to Richard Nixon. lntil a.esu cessorkhad himbeen s onfirtcd 'dent Ford proposed gra tjve dv
oted it wl,
It might be rash to expect Bu ;h to display by the Senate. Earlier; when,Colby left Mr the and House supported, instead, .ginstead, ?vore s string it down
at the CIA a capacity for polit. cally incon- fibrd's oval office on the morning of Sunday, ent rules.
venience rode endence in to roll back prices. A it h after the con-
e jud Ing intellf- Nov. 2, he was preparing to pack out of the trgls expired, the Presielde +atand Congress got
gene. That is why the Senate may ask Mr. CIA Instantly. Wgcther Ford for another nominee.
:ti Still one of Washington's darker mysteries retroactive Tlexa temon xngx~i g Congress s brie]
lu Congress time
why the President chose to put the long- to work out a permanent law. That extension
OVES, oOKEo POl.ITicAI, RErr.rrrr:s F~ulering Bush through such a wringer with- expires on Nov. 15.
(By Rowland Evans and Robert Novaki out understanding the political realties. The Conference on th permanent law i
The wholly predict able storm over Presi- White House aides normally involved with now in Its final stages. The President ha
dent Ford's nomination precle former Republican CIA affairs, Including the Congressional said that he is willing to extend controls to
National
National 's pogo Bush to head ''robes, knew nothing of Colby's sudden sack- all domestic oil, somewha, below the current
has foChairman rced the Georg House into a dan- `ig or his replacement by Bush until too late, market level, if Congress will agree to peel
CIA h erously fooverdue rced t alchitei s Indeed, on top of the CIA's long misery is off all controls gradually ever the next several
political re- `.Ire grip of Congressional investigations and
, with withdrawal of the nomination yea
alines r,- ag considers hlghe: prices necessary to
now a possibility.
press exposes, the Bush nomination is re- encourag.^ greater produc on and to enforce
The political realxt;as. a arded by some intelligence experts as an- conservation. But the co ;sessional conferee,,,
Pparerrtly never ,her grave morale deflator. They reason t hat
considered by the President or the very fee; i.ny identified politician, no matter how re- are sharply divided uses the principle of
top aides privy to his secret plans to replace , lved to be political] even a pl int, attrol.
Central Intelligence Director William Colby 2 I Y pure, In, tewould nd o aggravate One oly at least, s to,arguable: it would
.with Bush, boil down to this essential: to he CIA's credibility gap. Instead of an idea- he wantonly dangerous to let all controls end
avoid possible refusal of the this even
Demo- .fied politic:.an like Bush former Member abruptly on Nov 15, with en immediate jump
y
cratic Senate to confirm Bush, he or Presl- ' the House, twice-defeated Senate nominee upward of all prices to the world level. That
dent Ford must absolutely rule cut ally esi- em Texas and Vice Presidential aspirant-
dentty r must absolutely rule
jolt could well destroy thus present economic
Mr Fordy VPOS ice `bat is needed they feel, Is a respected non- recovery and throw the country back into of Bush, up as 's
Presidential running mate. olit,ician, perhaps from business or the renewed recession. But the effect of perma-
Such a condition has now reached the ademic world. nent controls would also be deeply=harmful.
Stage
of Not all experts agree One former CIA of- Over the long haul, contro,s tend to turn into Sen- ate establis of gospel inside tthepDtick 1ar)v with '. sal wants the CIA placed under political price-fixing and carteli :atioii agreements.
Democrats on the Senate Arm d Services `-adership capable of working closely with Worse, holding prices down means letting
Committee. Although Senate r mStennis, "ongress. But even that distinctly minority imports rise unnecessarily high. To the extent
conservative mmit e. Alhog chairman of the Sen. Coln Ste has tosition rebals again-t any Presidential that the United States has an oil policy these
c
rintimates of the highly y enario that looks to the CIA as possible days, that-by default--J:; it. This country
said nvthii g at al pan fall ppi g-stone to the Vice Presidential is Im now he
Pp y agree that all ,,initiation. pmba g more oil g than before t. Is
Vice Presidential doors must be closed to
J
Arco embargo, and a rst -?r Gulf. The of it
Bush to avoid an inflammatory crtofirmation - is corning from the that Per will ev The woes-
battle. OIL, GAS, AND CONGRESS den drastic a bill oil priwill prevent any sud-
Failure of the President to consider thisas- den trecou try jump in
decontrolling ces, but adil cover
pect of his appointment of Bush, a highly Mr. MATHIAS. Mr. President, as our mkt the country or three yea s. steadily over ~, period regarded and extremely popular politician, a nergy problem becomes more complex is right of two r three years, The mock fir
was further exacerbated during Mr. Ford's nd more partisan with each passing ms aon this crucial choice, the Democratic
appearance on Meet the Press last Sunday 4a5' t wih majority the House a wrong.
Instead of seeking to cairn the bailed waters > it becomes difficult to comment with Second i~srie~ What he ~ the price of iat-
when asked if he should not elan mate both ;entry, WiSc Onl, and foresight. Never- oral gas and the shortage; in the industrial
Bush and Secretary of Defence-designate ti'eless, the Washington Post editorial of Northeast? For more than 20 years the fed-
Donald Rumsfeld from all consideration for -Thursday, November 6, entitled "Oil, eral government has regtv'ated the price of
second place on the 1978 Republican ticket; Gas:, and Congress" meets this test, gas sold across state line:;. but not within
Mr. Ford bristled. As we face the expiration of price con- states. The current fedei ceiling is one-
one-
"I don't think people with talent. ought trols, shortages of natural gas, and ac- phird the unregulated price within the gas-rodu
equiva 'to be excluded from any further public lent cost states and o you th nk the. t those
service," he replied coolly. Cons by the OPEC countries to hike oil lent cost of oil. When you think about those
Thus, the plied col gravely mistaken ii ices, it would be well for Senators to disparities, the present shortages in this part
readi Thus othe Preside impact e
l the Sunday reflect on the thoughts so well expressed of the country-which depends upon inter-
of ,
Morning Massacre contimies in 'cis failure t'r the Post in its lead editorial of Novem- state sales--are not hard t ,understand.
to perceive that to the eontrolbng Demo- f+el' 6. I ask unanimous consent that the The Senate has passed an excellent bill,
oats on Capitol Hill (and many Republicans tfmt of that editorial be printed in the permitting short-term emergency sales at
higher prices this winter and, next spring.
as well), the Director of CIA must be above l ECOnD.
political suspicion. beginning lat deregulation of prices. Since
There being no objection, the editorial this deregulation would apply y only y to new
ew
But some Presidential sides are inoiw keen- eras ordered to be printed in the RECOilo, gas production as it comes onto the market,
ly tuned in to Congressional fregaencies, it follows: the bill threatens no abrupt surge of costs.
is no accident that even though Bash's Com-
ination has ben formally sent to the Sen- On., GAS. Apo CotvcxFSS But the bill has now gone to the House Rep.
ate for confirmation hearings, no hearings Once again the law controlling oil prices John morns DCommittee, Mich, chairman, Rep.
D. Dingell (D-M)a 1.5 evidently bill
are now scheduled for several weeks at best- is about to expire- Once again Congress IS in termined not to report cht the half lf of of the he bill
and possibly not until next year. 'e final stages of enacting an extension. But that provides permanent deregulation, That
That raises the question of a deliberate- 'r'~ one knows exactly what form it will take, makes a hard choice for the administration
stall, based on the President's suddenly- 0' whether the President will sign it. The and the Senate majority: Should they set-
expressed desire to keep Bush at his present ministration seems optimistic that the new tle only for a ferry-rigged emergency sales
post in Peking at least until Mr. Fo 'd's China b 4l will be, by its terms, acceptable. But for procedure, or use the shortage as a lever to
trip. If, as presently assumed, Mr Ford goes bath consumers and producers, the present to try to get the whole Senate bill? Probably,
to China within the next month, 11 ish would a+!tuation only deepens the extreme un- on balance, it's better get -et whatever can
not be available for his confirmaticirhearing 'crtainty that hangs over every aspect of be passed quickly. There are jobs at stake,
until well into December. 'i ?l and energy policy in this country. Since and a legislative stalemate here would be
With Congress eyeing either December 12 . great deal cf complex legislation is new very bad for public morals. But not much
or December 19 for the start of the -'hristmas ,, -;ceeding simultaneously, it is helpful to gas Is going to be sold tinder short-term
recess, it now looks doubtful that Bush could -enarate the main lines of the debate- emergency procedures, and 3Ir. Dingell's tac-
be confirmed before next year. By then, with First issue: How much should oil and gaea- tics are already contributing to a further
far deeper understandint; of the :anti-Bush %re_ cost, and who should decide? Congress gas shortage in the winter of 1976-77.
sentiment, the President could make another irxes to carry on this kind of battle in morel Third issue: Should Co...gress enact uii-
mid-course correction, giving Bust a differ- le-ma, but it i, essentially a sectional issue, focused multibillion dollar subsidies for the
eat post that would keep him available for a Take rising costs of fuel mean a tremendous production of synthetic fuels? The President
possible Vice Presidential nominaa';ion next iLift of wealth and power into the states that and Sen. Henry M. Jackseei (D-Wash.) are
summer (the job Mr. Ford came within a pi educe oil and natural gas, at the expense enthusiastically allied in. furor of this one
whisker of giving Bush Instead of Nelson of those that consume it. The prices of some and they are both wrong.
Rockefeller last year) and naming some one erode oil and all oil products are regulated The authorization bill for the Energy Re-
else to succeed Colby. by the federal government under the last search and Development Administration was
Precisely that probability was instantly remnant of President Nixon's wage-price corn- in conference a few weeks at o when the Sen-
perceived by Capitol Hill operati?!es when tr 4 apparatus. That last remnant was to ex- ate members began pasting in a generous $6
Mr. Ford summoned Colby back to the White pine in August. Earlier in the summer Prer- billion fund for loans and guarantees to sup-
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:November 131 1975, CONGRESSIONAL RECORD - SENATE
Candidate for another four years. In 1948, to native courts, to dinner with the Wall of
PresidentTru)nan Wanted Douglas to run for Swat, and to -extended visits with individual
vice-president hbith him. Once again, the Afghans whom he found "the most friendly
matter arose when` Douglas was in a remote and hospitable people I have met." Other
western place. President Truman arranged' travel books include North From Male, (1953),
for Mrs. Roosevelt to call Douglas and ask and an exploration of Russia, entered from
him to run. After full consideration, Douglas Soviet Central Asia. The works touch on such
finally told the President that he preferred colorful small details as the service of the
to stay on the Court. He also declined to head of the lamb, "seared and shrunken, as
leave to become Secretary of the Interior in repulsive a dish as I ever faced"; and go into
the Truman Adininis%ration. This'time the legal practices, particularly in criminal jus-
negotiations were carried on by Secretary of tice, wherever he saw them. Douglas has
Defense Forrestal, who urged Douglas that it picked up firsthand information on the ques-
was his patriotic duty both to serve and to tioning of prisoners, on secret trials, and on
provide a link between the conservative and conditions in labor camps. In 1958 he took a
liberal elements of government. Douglas felt 4,000 mile auto trip from Karachi in West
that the President really wanted relief from Pakistan to Istanbul, Turkey.
inconvenient political' embarrassment more From all these experiences, Douglas has
than he wanted Douglas. In any case, he did developed his own philosophy that Ameri-
not take the position. cans should make things better rather than
All of these political and appointment talks simply underwrite the status quo in the
were essentially the flirtations of a man countries of the world. He developed his
whom the Supreme Court job could not keep views in Democracy's Mani/esto (1962) , re-
busy. There is, great unevenness in the slating the policy of containment of com-
rapidity with which individual Supreme munism because it puts the problem of com-
Court Justices can do their jobs. Douglas has munism in negative terms. He believes rather
never felt that the Court was overworked, that there should be a counterplan of grand
stressing in public statements that during design, such as the Alliance for Progress in
his time of service there has been a marked South America. The common people, as he
decline In the number of opinions produced found them in the countries around Rus-
by each Justice in a year. Beginning in 1955, afa, want to avoid having their country be-
the Court. abandoned its system of arguments come the battleground of the giants. He re-
for five days a week and a conference to de- ports the masses of these countries are large-
Ode the cases, ion Saturday, substituting ly illiterate but intelligent all the same,
argument on four days a week with con- "when it comes to their own needs and their
ferences on Friday. This Douglas found own welfare." He reports that he feels that
"symbolic of a slower pace," so that "we have America is maintaining conditions as they
fewer oral arguments than we once had, fewer are in lands of constant hunger and of con-
opinions to write, and shorter weeks to work." stant exploitation, and sadly reports that "I
Bence, as he said in 1960, have never visited a village of Asia where
"I do not recall any time in my twenty America was revered as a symbol of freedom
years or more of service on the Court when and justice." American aid, he believes,
we had more time for research, deliberation, should be conditioned on reform.
detaate, and meditation," Without doubt, if The fascinations of the world abroad have
the Court decided twice as many cases a not diminished Douglas's love for America
year as it has recently, Douglas could do twice at home. Two volumes on wilderness areas
as many opinions a year himself and, when contain reports on hiking trips from the
the docket was heavier, he did. Sierra Mountains in California north to the
The practical consequence of the schedule Olympics in Washington; on excursions in
has been to permit Douglas to travel, write, Alaska; on an area of the Mexican desert
and study nature; he is by a very wide margin south of the border near Tucson; and in-
the most,, traveled and the most published elude chapters on the Everglades in Florida,
Justice in the history of the Court; in this the White Mountains in New Hampshire, and
respect, no other Justice can even be com- hikes throughout the mountain areas of the
pared. These travels have involved little trips, Central Atlantic states. Such explorations
as for exaniple, one reported in the July, 1963 were never free of danger: on one occasion he
Field & Stream magazine, "Why We Must appeared to have been seriously lost in the
Save the Allagash," an account of a Maine snow of New Mexico. But his greatest in-
river of great natural beauty deteriorating jury came in a horseback riding accident in
from overuse, Douglas pleaded for park status October, 1949 near Tipson Lake in Wash-
for the Allagash ington. Douglas has given his own descrip-
"The Allagash needs friends more than it tion of the accident:
ever needed them before.,Roadbuilding would "Then the accident happened. I had ridden
bring in hordes of debris-scattering picnick- my horse Kendall hundreds of miles in the
err that shortly would ruin it as a wilderness mountains and found him trustworthy on
sanctuary..$uilders of dams would put the any terrain. But this morning he almost re-
glories of the river under dark waters from fused, as Elan led the way up a steep 60
now until eternity. The Allagash needs pro- degree grade. Knowing my saddle was loose,
tection from both aggressions. All who hunt I dismounted and tightened the cinch. Then
or fish or canoe; all who stalk game with a I chose a more conservative path up the
camera; or who are hikers or bird watchers? mountain. Keeping in on my left, I followed
all who enjoy the still quiet of a wilderness- an old deer run that circled the hillside at
these and more must join hands if we are to an easy 10 degree grade. We had gone only a
find a sane, practical way to preserve the hundred yards or so when Kendall (for a
Allagash in its pristine condition for all reason which will never be known) reared
time." and whirled, his front feet pawing the steep
Douglas' book publications run some slope. I dismounted by slipping off his tail,
twenty volumes; when assembled together I landed in shale rock, lost my footing and
they extend for more than a foot and a half, rolled some thirty yards. I ended on a nar-
They include Strange Lands and Friendly row ledge lying on my stomach, uninjured. I
people (1951) reporting travels throughout all started to rise. I glanced up, I looked into
of the Arab world except Saudi Arabia and the face of an avalanche. Kendall had slip-
Bgypt, and including a visit to Israel. The ped, and fallen, too. He had come rolling
book shows exceptional flair in picking up down over the same thirty precipitous yards
personal descriptions of such simple people I had traversed. There was no possibility
as the sheep and goat herder in Iran w'ho of escape. Kendall was right on me. I had
gave Douglas the hospitality of his tent for only time to duck my head. The great horse
a nap. Beyond the High Himalayas (1952), hit me. Sixteen hundred pounds of solid
reporting exploration of Central Asia, ranges horseflesh rolled me flat. I could hear my own
from a meeting with Nehru in Delhi to visits bones break in a sickening crescendo. Then
S 19951
Kendall dropped over the ledge and rolled
heavily down the mountain to end up with-
out a scratch. I lay paralyzed with pain-
twenty-three of twenty-four ribs broken."
Of Men andMountains (1950).]
Douglas recovered, though the acc'dent
almost proved fatal. He was found some
twenty minutes after. the accident, carried
out an hour or so later, and eventually came
out of the hospital short half of one lung,
but able to go back to the active life.
Douglas has summarized his wilderness
philosophy in a Wilderness Bill of Rights
(1965), a volume which begins with a chapter
entitled "Sewage, Automobiles, Population
and the Rights of Man." This is a volume
written with knowledge and with passion,
and with a particularly grim set of pictures
showing fish dead in the rivers, detergent
foam In a Pennsylvania stream, and in-
dustrial pollution in New England. It is a
solid chart of what to do-how to get multi-
plq use of land without exploitation; how
to make fair decisions and wise ones about
public land uses; how to control fencing,
restrict mining claims which will ruin wilder-
ness areas, and protect against sewage and
industrial waste. It is a book which is written
with feeling for the ivory-billed woodpecker
which needs the grub-and-insect-supplying
dead or dying logs of a wild area and for
the wood duck which needs rotted holes and
tree trunks for nesting. He strongly endorses
the proposal to preserve the few wild rivers
that are left, saying,
"We need all the free-flowing rivers that
are left for adventure-loving Americans of
the twenty-first century. A decade ahead
wil be the one when the fateful decision is
made to forfeit them for special interest or
to hold them inviolate in perpetuity."
Douglas' personal life has included four
marriages, and three divorces. His marriage
to the former Mildred Riddle, ended in 1953;
to the former Mercedes Davidson in 1963.
He was divorced from his third wife, Joan
Douglas, in 1966, and married Kathleen
Heffernan in that year,
Douglas is totally capable of doing his
judicial work by himself, and he uses his
law clerks probably less than other Jus-
tices, He usually writes the first draft of an
opinion longhand, preferring this to the
method of dictation and frequent revision.
Because of his extraordinary brilliance, he is
probably the fastest worker of any Justice of
this century, except perhaps Justice Holmes.
The range of his work is vast, running not
merely to great constitutional questions, but
also to matters of taxation, matters of busi-
ness reorganization in bankruptcy, truly
difficult and technical, questions of law in
every area which comes to the Supreme
Court. Particularly in business matters,
Douglas has been virtually indispensible to
the Court for many of his years on it. It is
his range which is the most incredible fea-
ture of his workmanship; most Justices are
richly experienced, but quite possibly no
other Justice has ever had so wide a knowl-
edge of so many different things.
Douglas' concentration on writing has
given him a flair for style. His power to em-
phasize with brevity is shown in the Steel
case where he said, "Today a kindly Presi-
dent uses the seizure power to effect a wage
increase and to keep the steel furnaces in
production. Yet tomorrow another President
might use the same power to prevent a wage
increase, to curb trade unions, to regiment
labor as oppressively as industry thinks it
has been regimented by this seizure."
Douglas often makes his point with a sin-
gle sentence. Referring to community stand-
ards as a test of obscenity, he said, "It creates
a regime where in the battle between the
liberati and the Philistines, the Philistines
are certain to win."
Or, speaking of the exclusion of a doctor
from the practice of his profession in New
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 Approved For Release 2007/02/07 CIA-RDP77M00144R0004,
CON(; RtESSIONAL RECORD-SENATE No? 'e ? b r 13, 19';
'peck, "When a doctor cz,nnot save livers In
^,~nerica because he is opposed to l+`'anco in
i,:,in, it is time to call a halt and 1>ok criti-
c